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HomeMy WebLinkAbout1976-06-21 (Regular) Meeting Agenda Packet- • - CITY COUNCIL MEETING-June 21, 1976 Regulir "' - 0 • • - • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO June 7 , 197o REGULAR MEETI~G : The City Council of the City of Englewood , Arapahoe County , Colorado , met in regular session on June 7, 1976 at 7 :30 p .m. Mayor Taylor , presiding , called the meeting to order . The invocation was given by Reverend Fred Hahn , Immanuel Lutheran Church Missouri Synod , 3695 South Acoma . The Pledge of Allegiance was led by Boy Scout Troop #154 . Mayor Taylor asked for roll call . Upon the call of the roll , the following were present: Council 11embers Williams , Sovern , Smith , Brown , Man1 , Clayton , and Mayor Taylor . Absent: None . The Mayor declared a quorum present . Also present were: City Manager McCown Asst . City Manager JJol enberger City Attorney Berardini Acting Director of Community Development Romans Director of Public Works Waggoner Director of Utilities Carro 1 Director of Finance/City Clerk Jam Deputy City Clerk Varner • • • • • • Councilman Severn he motion to ap rove R so of h r ul r City Co nc1 s follows .in he 1 t lin th Z n1 'tr t ProJ ct 01 MAY r sult requested that th tion Uo . 23 on meet.1n on M y COU CILMA CLAYTv ECO DED EGULAR CITY COU CIL MEET! G l of th ro 1, th vot Mann, C1 Council M mb rs 1 1 m , ov rn, mith, Brown, ylor . ll y ' on Th yor rl J. ' • • I - June 7 , 1976 Page 2 • 0 • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEET - ING ON MAY 24 , 1976 . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams, Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . 'rhe Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT THE INVOCATION GIVEN BY REVEREND FRED HAH BE PRINTED VERBATUM IN THE MINUTES OF THIS MEETING . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , mith , Brown , Mann , Clayton , Taylor . Nays: None . The Mayor declared the motion carried . Merciful Lord , changes are occurring around us all the time , and it is because of these changes that we need City Council meetings . We , the elected representatives of our community , are asked to give our thinking in regards to these chang s . W confess w re human beings --frail , 1m err ct in ividuals . Lef t o oursel ves , we could easily becom bi o d , s f1 h , and e ot1stical in ou r op inion . We re s inner • • •. ' • • - • June 1 , 1976 Page 3 • 0 • Sharron Frank , Area Planner of the Regional Transporta- tion District , was present to discuss bus passenger shelters in the City of Englewood . Ms . Frank presented specifications for the shelters , and she noted that three shelters are proposed for Englewood at this time : (l) northeast corner of intersection of Girard and Clarkson ; (2) east side of intersection of Broadway and Floyd ; (3) west side of intersection of Broadway and Floyd . Council and Ms . Frank discussed other possible locations . * * * * * * Attorney John Criswell was present representing Phil 's Auto Clinic , 25 East Girard , A & B Transmission , 3375 South Lincoln , and C & L Body Shop , 3395 South Lincoln to discuss possible relocation assistance . He requested that City Council allow the City Manager and City Attorney to talk with them about their specific problems and possible monetary relief for their losses . Phil Pickell , Phil 's Auto Clinic , appeared and explained that he is having difficulty getting the necessary gas tap for his new location . COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT THE CITY MANAGER OR HIS DESIGNEE OR DESIG EES BE AUTHORIZED TO MEET WITH ATTORNEY JOHt CRISWELL AND/OR PHIL 'S AUTO CLINIC , A B TRANSMISSION , AND C & L BODY SHOP FOR THE PURPOSE OF DISCUSSION RELATING TO MOVING EXPE SES AT 3375 SOUTH LINCOLN , 3395 SOUTH LINCOLN , AND 25 EAST GIRARD ; THAT DISCUSSION BE EXPANDED TO COVER THE SUBJECT OF THE PREVIOUS LEASES AS RELATED TO THEIR MOVIIG ; THAT DI CUSSION I CLUDE THE IEED OF PHIL 'S AUTO CLINIC FOR NATURAL GAS METER S FRO PUBLIC SERVICE COMP ANY; AND THAT THEY REPORT BACK TO CITY COUI CIL AT THE MEETING OF JUNE 21 , 1976 . U on a call of th roll , t e vo e r s lte a fol o ws : Ayes: Council M nn , Clayton , Taylor . I ys: None . 1.ll1 ove rn, Srnl h , Brown , Th M yor decl red the ot1on c rr1 I I I I I I • • June 7 , 1976 Page 4 • 0 -I • COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO DIRECT THE TRAFFIC DEPART - MENT TO TAKE A CURRENT COUNT AND TO MAKE A STUDY CONCERNING SUGGESTIONS AND COSTS TO HELP THIS SITUATION , TO BE PRESENTED BACK TO CITY COUNCIL . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor d eclared the motion carried . * * * * * * COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO POSTPONE THE 3 .2 BEER LICENSE APPLICATION FOR NORMA 1 S BEER CONCESSIONS , 5450 SOUTH BROADWAY , UNTIL r-1S . NORMA WISE REOPENS THE CASE . COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE THIS MOTION UNTIL LATER IN THE MEETING WHEN THE CITY ATTORNEY IS PRESENT . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . • • * • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO OPEN A PUBLIC HEARING ON AN ORDI ANCE ZONIHG A EWLY A NEXED PARCEL OF L ND TO THE CITY OF EtGLEWOOD FROM AN UNZONED CLASSIFICATION TO I -1 LIGHT I DUSTRIAL DISTRICT . Upon a call of the roll, the vote resulted as follows: Ayes: Council M nn, Cl yton, T ylor . N ys: one . The M yor cl r 1111 ms, Sov rn, m1th , Brown, th motion carrie '· • • , ....... • 0 June 7 , 1976 Page 5 1590 West Tufts Avenue . The property to the west and north is zoned I -2 , to the south and lower portion east is zoned I -1 , and to the upper portion east is zoned R-3 . Ms . Romans reviewed the proposed I -1 zone , which has been recommended by the Planning and Zoning Commission . She submitted the staff report and find - i ngs of fact to the City Clerk for the record . Attorney Tom Eitel was present representing the owners of the property , Leon and Vernet Mardesen , who are requesting that the property be zoned I -1 . Leon Mardesen , 6875 South Bellaire Way , was present and stated that he has owned this property since 1973 . He presented a set of eight pict ures which he took from his property of the surrounding area . Mr . Mardesen stated that he wants to build a building for storage , wi th part of it to be leased out . Vernet Mardesen , 6875 South Bellaire Way , was present and stated she is in favor of the I -1 zone because they need a building for storage . Attorney William Malone was present representing Mr . and Mrs . William Manning , owners of the property directly to the east of the subject property . William Manning , 1540 West Tufts Avenue , was present and stated that he has owned his property since 1956 . He stated that he has made improvements to his home , and the proposed con- struction on the Mardesen property would lower the value of his property . Mr . Manning also stated that it would add to the traffic hazard at the corner of Windermere and T fts. He submitted a map of the surrounding area and a petition dated October 1975 protest- in an a plication for variance filed by Leon Mardesen for a ten foot se bac along the east property line at 1590 West Tufts Aven e . COUJCILMA SMITH MOVEU AJD COUlCILMAt MAUt SeCOlDcD A MOTIOI THAT THE PETITION OT B ACC~PTED . Councilman Severn urg d ef of the motion beca se ev n though this was in Arapaho County the pro erty owners should be able to state their case . n th c ll or th rol , th vot r t follows: Ay a: Council M I y Council M Th M yor d c mit nn. C yto , Taylor . • it • • , - • June 7 , 1976 Page 6 • • , . Mr . Malone requested that City Council look at the area before making a decision . He also requested consideration of some kind of residential zone to be used . Mr . Eitel objected to the petition because it is regard- ing a variance case in Arapahoe County rather than the zoning of this property . Mayor Taylor read from the City Charter the "Rules of Evidence " on receiving a petition . COUNCILMAN CLAYTO! MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER THE PETITION . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT THE PETITION NOT BE ALLOWED FOR THE REASON THAT THE ISSUE STATED IN THE PETITION IS NOT THE SAMh ISSUE AS STATED IN THIS HEARING . Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Williams , Sovern , Smith , Brown , Mann, Clayton , Taylor . l ays: !lone . The Mayor declared the motion carried . COU CILMA! SOVER MOVED AND COUNCILMA CLAYTON SECO!lDED A lOTIO 0 CLOSE TH~ PUBLIC HEARI~G. Upon a call of the roll, the vote resulted as follows: Ay s : Co neil Members Wil iams, Sov rn, Smith , arown , ~ rn, Cl yton , Taylor . y on Tt M yor clar r co r yor T ylor c t 0: 0 J: .m. U Cou c1l M n M yor T y or . Ab nt: Co Wi th c rr1 a , Sov r , r M nn • p .m. Co nci t. ro lo in it , Brow , Cl yton, •. • • - • June 7 , 1976 Page 7 • 0 • , . The Mayor declared a quorum present . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT A DECISION BE POSTPONED UNTIL THE NEXT REGULAR CITY COUNCIL MEETING . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Brown , Clayton , Taylor . Nays : Council Member Smith . Absent : Council Member Mann . The Mayor declared the motion carried . * * * * * * COUNCILMAN BROWU MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO OPEN A PUBLIC HEARING ON AN ORDINANCE CREATING PAVING DISTRICT NO . 23 . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams, Sovern , Smith , Brown , Clayton , Taylor . co t of co for y 5 f ays : None . Absent : Council Member Mann . The Mayor declared the motion carried . er McCown stated that the total 337 ,800 n h ot . or in nc • A f~OT 0 th vo •. .. • • - • June 7 , 1976 Page 8 • 0 • Ayes : Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the motion carried . INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . 23 SERIES OF 1976 AN ORDINANCE CREATING PAVIHG DISTRICT NO . 23 IN THE CITY OF ENGLEWOOD , COLORADO , ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING , CURB AND GUTTER AND SIDEWALK IMPROVEMENTS ; APPROPRIATING FUNDS FOR PAYMENT OF SAID n.1PROVEMENTS ; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT . COU CILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO . 23 , SERIES OF 1976 , ON FINAL READING . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays: None . Absent: Council Member f.lann . The r1ayor declared the motion carried. • • • • • • "Conununications -to Action Recommended" on the agenda were receive c . Minutes of the Denver Regional Council of Oovernm nts in of February 18 A ril 7, 1976 . or of Zoning Commission s Retirem nt Bo r M y 26 , 1976 . d Recr tio Commission •. .. • • ' - • June 7 , 1976 Page 9 • • , . e . Memorandum from the Director of Finance to the City Manager concerning attendance at the Municipal Finance Officers Conference in San Francisco , Cal ifornia on May 2-6 , 1976 . Councilman Clayton commented on agenda item 4c , stating that he feels all three pension boards should have periodic reviews of disability retirements. He requested that the City A torney review these procedure s . Mayor Taylor suggested discussing this matter at a study session . • * * • • * COUNCILMAN SOVERU MOVED AND COUNCILMAN WILLIAMS ECO!JDED A MOTION TO REUEW THE 3 . 2 BEER LICENSE FOR SPORT BOWL , 329? SOUTH BROADWAY . Upon a ca 1 of the roll , the vote res lted as follows : Ayes : Council Members Williams , Severn, Smith , Brown , Clayton , Taylor . lays : lone . Absent: Council Member Mann . The Mayor declared tle motion carried . • • • • • • City Attorney Berardini presented a recommen ation from the Career Service Board re ar ing the definition of rela ives . COU!ICILMAN SOVERl MOVED AND COU CILMAt WILLIAM SECOI OED A MOTIO TO CO!ISIDER AGE DA IT!:.M 6e -A BILL FOR All ORDII AI CE AMEIWIIJG SECTION 5 , CHAPTER 3 , OF TITLE V, OF THE 1 69 E .M.C., AS AME DED , DISQUALIFYitG CERTAIN EMPLOYEES RELATED BY 8LOOD OR MARRIAGE FROM ORIGINAL APPOI!ITMEIIT OR PROMOTIOI WITH Ill THE CITY OF E LEWOOD -AT THIS TIME . Upon a ca 1 of the roll , the vote resulted as follows: Ayes: Council Mem C yton , Taylor . ill1ams , overn , Smith , Brown , y : one. Absent: Co nci M m r M nn. Th M yor eel r h mo ion c rri l!ITRODUCED AS A BILL Y COU! CI A S VER J A BILL FOR A ORD A. Cl:. l9u .. M •• , TITLE V, OF TH PLOYEJ:: REL T •. .. • • - June 7 , 1976 Page 10 • 0 • I • BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTJIIENT OR PROMOTION WITHIH THE CITY OF ENGLEWOOD . Councilman Sovern noted that the o r iginal bill was to be brought back to Council with the definition of relative , as well as a grandfather clause . COU!CILMAN A MOTIO! TO PO TPO E BE BROUGHT BACK WITH GRANDFATHER CLAUSE . a fo low : SMITH MOVED AIJD COUNCILMAN SOVERN SECONDED THIS ITEf.l UITIL THE MEETING OF JU,E 21 TO THE DEFINITION OF RELATIVE AS WELL AS A Upon a call of the roll , the vote resulted Ayes : Council 14embers Wi lliams , Sovern , mi th , Brown , Clay on , Taylor . ~ays : None . Absent : Council Member Mann . The Mayor declared the motion carried . * * * * * * Director of Utilities Carroll presented a recommendation from the Water and Sewer Board to approve Supplement #42 to South- gate Sanitation District for the annexation of a 2 .38 acre parcel of land . COUI CILMAN SOVERN MOVED AND COU CILMAN CLAYTOJ SECONDED TO APPROVE SUPPLEMENT #42 TO SOUTHGATE SAUITATION DISTRICT RECOI· ·1~1 DED BY THE WATER AiJD SEWER BOARD . Upon a call of the ro 1 , vote resulted as follows : y Council Mem ers Williams , Severn , Smith , Brown , Cl yton , Taylor . y : one . A sen Council Memb r Mann . Th Mayor clar n motion c rri d . • * * • • * tin s. t • • - June 7 , 1976 Page 11 • 0 • COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE REQUEST OF THE U. S . ENVIRONMENTAL PROTEC - TION AGENCY TO PERMIT UNDERWATER DIVING RECERTIFICATION AT McCLELLAN RESERVOIR . Upon a call of the roll , the vote r esulted as follows : Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . Nays: None . Absent : Co neil Member Mann . The Mayor declared the motion carried . * * * * * * COUNCILMAIJ WILLIAMS MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO RECEIVE THE FINDINGS OF FACT , CONCLUSIONS , AND RECOMMENDATIONS FROM THE PLANlJit G A D ZONING COMMISSION CON - CERIHNG THE ZO ING OF LOT 6 , BELL ISLE GARDENS . Upon a call of the roll , the vote resulted as follows : Aye : Council Members illiams , Severn , Smith , Brown , Clayton , Taylor . Nay on . Abs n Council Member Mann . The r~ayor clared the motion carried. • * • • * * r McCown presented a recommendation from the ater n concerning flat rates and met red ervlce c o nver s ion s Ci y ado t policy of unlvers 1 m terin . H t t.e th iroc ur n to e set up for getting infer ti on o the ~u lie and for e ting feedback . Co ncilman Willi m s ug te hol in another mee i with he Wa er and Sewer Bo ar t.h V O c Ay Co nc l Smith, Brown , Cl y on, T ylor. y rn . Co Th yor n c rr.1 I • • •. ' • • - June 7 , 1976 Page 12 • 0 • COUNCILMAN SMITH MOVED A D COUNCILM AN SOVERN SECONDED A MOTION TO CONSIDER AGENDA ITEM 2d WHICH WAS TABLED EARLIER CONCERNING AN APPLICATION FOR A 3 .2 Bl:.ER LICENSE AT 5450 SOUTH BROAD WAY BY t4S . NORMA WISE . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Severn , Smith , Brown , Clayt..on , Taylor . ay : one . Absent : Council Member Mann . The Mayor declared the motion carried . COUNCIL~lAN SMITH t-lOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE THI ITEM UtlTIL IT IS BROUGHT BEFORE COUNCIL AGAIN BY MS . JWRMA WISE . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Severn , Smith , Brown , Clay on , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared t..he motion carried . • • • • • • INTRODUCED AS A BILL BY COUICILMA CLAYTO A OF THE 19 PEIALTIE A 10 OR Ay Co rc1 M C y on , T y or . n • ·F CHAPT R 1 , TITLE XI , TABLI~Hl G M. !MUM .CO D D ov rr, 1 h, ,_ •. ' • • - • June 7 , 1976 Page 13 • 0 • Absent : Council tl!ember t1ann . The Mayor declare d the amendment carried . COUNCILMAN SMITH MOVED AND COUNCILI<!AN BROWN SECONDED A MOTION TO AMEND THE ORIGINAL MOTIOIJ ChANGING THE ORDINANCE TO A BILL AND CANCELING THE ORDINANCE NUMBER . Upon a call of the roll , th vote resulted as follows : Ayes : Council ll!embers Williams , So vern , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the amendment carried . Upon a call of the roll , the vote on the original motion as amended resulted as follows: Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . ays: 1 one . Absent: Council Member Mann . The Mayor declared the motion carried . City Attorney Berardini stated that Judge Swearingen would like to have first offenders appear in court rather than e a 1 to pay a set fine at the window. COUNCILMAN SOVERI MOVED AND COUNCILMAl~ CLAYTON SECO! DED A !-lOTION TO DIRECT THE CITY ATTORNEY TO BRING BAC . A RECOMMENDATIOI 0! SECTION D PERTAINIHG TO MANDATORY APPEARAIC!:. W COURT 0 FIRST OFFEN"ES . Upon a call of he roll , the vote resulted as follows: Ayes: Council Members Williams, Sovern , Smith, Brown , Cl yton , Taylor . Nays: Hone . Abs nt: Council Member M nn. Th Mayor d clar the motion carried . I I I I I I I!T OOUC.D A A BILL BY COU ClLMAl CLAYTO A BILL FOR A, ORDIIA CE AMENDING lV , F.l ITLED 11 OU ~ClL T 01 l, CHAPTER II , TITLJ:: l , OF ARTICLE ALA I. 11 , BY !NCR AS! 0 ~AID J ARI FOR •. • • I • June 7 , 1976 Page 14 • • I • FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL , TO Bl:.COME EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 7 :30 P .M. ON THE FIRST MONDAY AFTER JANUARY l , 1978 . COUNCILMAN CLA YTOi~ MOVED AND COUNCILMAN SMITH ECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDitG ECTION 41 , CHAPTER 4 , TITLE I , OF ARTICLE IV , ENTITLED "COUNCIL ALARIES ", BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUJ CIL , TO BECOME EFFECTIVE DURING THAT COUJ CIL TERM COf-tMEJ DIJ G AT 7 : 30 P . Jl1 . 0 THE FIRST MOJJDAY AFTER JANUARY , 1978 . Upon a call of the roll , the vote resulted as follows : Ayes : Counc il Members Smith , Brown , Clayton . Hays : Council Members Williams , Sovern , Taylor . Absent: Council Member Mann . The Mayor declared the motion defeated . * * * * * * City Attorney Berardini presented a Bill for an Or inance licensing and regulating vehicle wrecker or owing service . He recommended that a flat rate be established for ice1 sing in the City regardless of the number of true s a wrecker may have . IllTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR At ORDII A~CE AME DING TITLE IX OF THE 1969 ENGLEWOOD MUIICIPAL ODE , BY ADDI!JG A NEW CHAPTER THERETO , LICE! IIIG AiD Rt. ULATI VLHICLE WRcC "cR OR TO I G SERVICE ; PROVIDI~G FOR I VE~TI,ATIOI A: D "UPERVI 'IOU BY THE CHIEF OF POLICE ; ETTI! G FORTH DUTIE OF LI El EE ; IROVIDI G FOR REVOCATION OF LICENSES; AND PRESCRIHING PENALTIE FOR THE VIOLATIO OF ITS PROVISIONS . IX OF ur. ), • • , - • June 7 , 1976 Page 15 • 0 • COUNCILMAN SOVERN MOVED AND COUNCIL MA N SMITH SECONDED A MOTION 'fO AMEND THE ORIGINAL MOTION BY STRIKING SECTION 9-9-6 . Upon a call of the roll , the vote resulted as follows : Ayes : Counc i l Membe r s Will i ams , Sovern , Smith , Br own . ~ays : Council Membe r s Clayton , Taylor . Absent : Council Member Mann . The Mayor d eclared the amendment carr ied . Upon a call of the roll , the vote on the original motion as amended resulted as follo ws : Ayes : Council Members Williams , Sover n , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the mo ion carried . • • • • • • INTRODUCED AS A BILL BY COU~CILMAl SMITH A BILL FOR AN ORDINANCE AMEI Dir G CHAPTER 6 , EUTITLEO "OFFEI SES A GAil T PUBLIC PEACE , SAFETY At 000 ORDER ", OF TITLE XI , OF THE 1969 EIGLEWOOD MUNICIPAL CODE , BY AODIIG A NEW SECTION THERETO PROHIBITING THE SOLICITATION 1F !OWl G OR WRECKER BUSINESS . COUUCILI-1A• MITH MOVED Am COUNCILMAN SOVERt t.CO OED A MOTION TO PA S A BILL FOR A OROil A.~cr: AMENOII G CHAPTER 6 , ENTITLED "OFFEIJSE AGAI~ T PUBLIC PEACE , SAFeTY AID 000 ORDER ", OF TITLE XI, OF THE 1 9 E GLE 000 MUNICIPAL CODE , BY AOO!JG A E SECTIO THERETO PROHIBIT! G ThE SOLICITATIO! OF TOWING OR RECKER BUSlt E S. h1:s l1v 0 Ay Co 1c1 c y y or. I • rvlc , ta o sollclt VO r sult Sov rn , r M nn. ro low lt ,._ ' • • , - June 7 , 1976 Page 16 • 0 - The Mayor declared the motion carried . * * * * * * ,._ City Attorney Berardini presented a res olution authorizing the purchase of land required for the Senior Citizens Recreation Center . He stated that the land consists of five parcels, and the resolution does not allow for relocation assistance . COUNCILMAN CLAYTOIJ MOVED AND COUNCILMAI WILLIAMS SECO DED A MOTIOII TO TABLE THIS RESOLUTION UNTIL THE NEXT REGULAT CITY COUNCIL MEETING . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Brown , Clayton , Taylor . !Jays : Council Mem ers Sove rn , Smith . Absent: Council Member Mann . The Mayor declared the motion carried . City Manager McCown stated that negotiations need to be started as soon as possible in order for the schedule to be met . COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECOIIDED A MOTIO TO REC ONSIDER THE MOTION . Upon a call of the roll, the vote result ed a follows: Taylor . Aye : Co nci Members Sovern , Smith , Brown, Clayton , ays : Council M mb r William s . Absen Co neil M mb r Mann. The Mayor clar th motion carrie . RE OLUTIOt NO. 2 , ERIE" OF l 7b A RE CITY T 0 A 0 T y or . Ay A Co Co rcl AL P OPERTY LOCAT FOR A E lOR CITIZE UI ITIOI THERcO • rowr. Cl y on , HE A- ' • • - • June 7 , 1976 Page 17 The ~1ayor declar • 0 • mo lon carried . * * * * * * RESOLUTION NO . 25 , SERIE A RESOLUTION NAMING THE AND FIRE CENTER THE E .E . OF THE E!JGLEWOOD POLICE 0 ROOT~. COUNCILMAH SOVERH M V A ~ COU! CILMAt A MOTION TO PASS RESOLUTIOt~ l 0 . '-5 , t:.RIE' OF 1. 7 of the roll , the vote re sulte a follow LAYTON ECO OED Uron a call Ayes : Council Members William , Sov rn , ~ith , Brown , Clayton , Taylor . Nays : None . Absent : Council !-!ember Mann . The Mayor declared the motion carried . * • * • * • City Attorney Berardini presented a month-to -month lease agreement between the City of Engle wood and Phil Pickell , ba Phil 's Auto Clinic , for a parking lot located at 20 East Girard . A MOTION THE CITY GIRARD . COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED TO AUTHORIZE THE MAYOR TO SIGN THE LEASE AGREEMENT BETWEEN OF ENGLEWOOD AND PHIL PICKELL FOR A PARKING LOT AT 20 EAST U on a call of the roll , th vote resulte as follow : Aye : Council Members Williams , Severn , Smith , Brown , Clayton , T ylor . Nays: None . Ab ent: Co neil Mem er M nn . Th M yor cl r th motion c rr1 • • • • • • 0 • • - June 7 1 '-1976 Page tj • 0 • COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE REALLOCATING REVENUES FROM THE PUBLIC IMPROVEMENT FUND TO THE GENERAL FUND FOR 1976 . Upon a call of the roll, the vote resu~ted as follows : Taylor . Ayes : Council Members Williams , Sovern , Smith , Brown , Nays : Council Member Clayton . Absent: Council Member Mann . The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented an agreement between Public Service Company and the City of Englewood whereby Public Service will convey app r o ximat ely three acres of land to the City and the City will pay the cost of constructing a roa on this property for access . COUNCILMA WILLIAMS MOVED AND COU CILMAJI SMITH SECO OED A MOTIO! TO APPROVE TilE AGREEMENT WITH PUBLIC SERVICE COMPA!~Y . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays : None . Abs r t: Co neil M mber Mann . The Mayor eclared the motion c rri d . • • • • • • City Atto rn y Berar lni presented h Li quor Barn liq u or l ic e nse ap lie a i o n . A TH vot. C y on , Con 1l Co c i or r n • 1'!1 • • r e o r c one rnir o v r r , Br o wr , ' • • - June 7 , 1976 Page 19 • • ,_ City Attorney Berardini Presented a Proclamation declaring September 8 , 1976 as National Cancer Day . COUNCILMAN SOVERN MOVED AND COUNCILMAn CLAYTON SECONDED A MOTION TD AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION DECLARING SEPTEMBER 8 , 1976 AS NATIONAL CANCER DAY . Upon a cau or the roll , the vote resulted as follo ws : Ayes , Councir Mem bers Williams , Sovern , Smith , Bro•n , Clayton , Taylor . Nays : None . Absent : Counc11 Member Mann . • • • • • • Ci t y Ma nager Mcco•n Presente a memorandom rrom the Assistan Ci y Manager concerning the £inancial statos or th Pension funds . COUNCILM AN SMITH MOVED AND COU CILMAN BROWN SECONDED A MOTIO! TO DIRECT THE CITY ATTORNEY , CITY MANAGER , AN D DLORA 0 MUNICIPA L LEAGUE TO BRING SUIT AGAINST THE STATE OF COLOR 0 TO PROPERLY FUND THE POLICE AIID FIR£ PCN ION PUlos , AS WEL L A ANY OTHER CITIES AS MAY BE DEEREo NECESSARY . Dioc ''ion by Coonc11 ro11o• d . City A torn y ini stated tha a number or muni 01 Pali t1 ho ld 1 nvo 1 v Cooncilman Sovern Pointed oo th hls io goOd tar Ay s : Counc Clayton , T Yl •r . C&ll Of th ~Oll, the VOt on . 1111 a , ov rn, A nt: Co 11c1 .1 h, Bt-o 1, Th cl r th Otj 11 RE OLUT!Q I I I II I o. 7 ' A RE OLUT!Ot A RI. OF l 7 M AL PU D . • • . ' • • - June 7 , 1976 Page 19 • - City Attorney Berardini presented a proclamation declaring September 8 , 1976 as National Cancer Day . COUNCILMAN SOVERN MOVED AND COUNCILMA!J CLAYTON SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION DECLARING SEPTEMBER 8 , 1976 AS NATIONAL CA CER DAY . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the motion carried . * * * * * * City Manager f-1cCown presented a memorandum from the Assistant City Manager concerning the financial status of the pension funds . COUNCILf.1AN SI>!ITH MOVED AND COUNCILMAN BROWN ECONDED A MOTION TO DIRECT THE CITY ATTORNEY , CITY MANAGER , AND COLORADO MUfiCIPAL LEAGUE TO BRING UIT AGAI ST THE STATE OF COLORADO TO PR OPERLY FUND THE POLICE AND FIRE PENSION FUNDS , A WELL AS ANY OT HER CITIES AS MAY BE DEB~ED ECESSARY . Discussion by Council followed . City Attorn y Berardini t a e that a number of mun1cipal1ti s hould be involve , and Cou n c 1lm n Sov rn pointed out th t this is a goo s tar A U on a call of th roll , the vote r ulte fol ows : Ay s: Council Members Wil i n , Tayl o r . , Severn , mi~h , Bro r ay s : on e . Ab ent: Co 1 r M n. T i l M yor i on c rr1 • • • OLUTIO 0 . 27 , 1 7 OLUTIO, A AL U • • June 7 , 1976 Page 20 • 0 • Ayes : Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum concerning Emerson Mini Park . He reported that the estimated costs for the proposed improvements , including grass planting and the sprinkler system , is $1 4,190 ; and the estimated annual mainte - nance cost is $2 ,250 . COUNCILMAN BROWN 1-10VED AND COUNCILMAN CLAYTON SeCONDED A MOTION TO AUTHORIZE THE CITY MANAGER TO PROCEED WITrl THE IMPROVe - MENTS AT EMERSON MINI PARK AND TO IUCLUDE THE FUNDS IN THE NEXT SIX QUARTER BUDGET . Upon a call of the roll , the vote resulted as follows: Aye s : Council Hembers Sovern , Smith , Brown , Clayton . Nays : Council Members Williams , Taylor . Absent : Council Member Mann . Th M yor declare d the motion carried . • • • • • • Co 1c.1 ov rn , n • t o Co 1 ci r r • ro • • I - • June 7 , 1976 Page 21 • • The Mayor declare th motion carried . • • • • • • COUNCILMAN SOVER! MOVED A! COU! CILIMN WILLIAMS SECONDED A MOTION TO POSTPONE DISCUSSION OF THE LITTLE DRY CREEK REPORT UNTIL THE NEXT REGULAR CITY COU! CIL MEETING . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the motion carried . * * • • * • City Manager McCown presented a memorandum from the Assistant City Manager concerning his attendance at the ICMA Advanced Labor Management Conference in Co umbus , Ohio on May 9-12 , 1976 . * • • * * • City Manager McCown asked Council 's direction concerning the island at Floyd and Elati Streets . COU GILMAN CLAYTON MOVED AND COUNCILMAN MITH SECONDED A MOTION THAT THE CITY COUNCIL STATE ITS POSITIO THAT IT DOES NOT DESIRE TO REMOVE THE ISLAND IN THE MIDDLE OF FLOYD STRt::ET AND ELATI STREET . Councilman Cl yton state tlat the City ha pr v1ou ly stat d tha th t i 1 nd would not be remove • M yor T ylor st ted th h f els it shoul be remove for the safe y of the citizen becau of the fire an emergency vehicles . Councilman Sovern reque t d that this item be discussed in d tail at anoth r time . Ay Council i Sov r., ro , T ylor . y co r c11 h, Cl y on. A Co nci Tl M or cl r n c rri IJ, I I I • June 7 , 1976 Page 22 • 0 I • - COUNCIL MA N SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY MANAGER TO WRITE ANOTHER LETTER TO HERMAN OLNER CONCERNING THE POLICE/FIRE COMPLEX LEASE . Upon a call of the ro ll, the vote resulted as follows : Ay es : Counc i l Hembers Williams , Sovern , Smith , Brown , Clayton , Tay l or . Nays : None . Absent : Coun c il Member fiJann . The Mayo r declar e d t he mo tion carried . * * * * * * COUNCILMAN CLAYTON !>lOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE R.T .D. BUS PASSENGER SHELTERS . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Mem er Mann . The Mayor delcar d the motion carried . • • • • • • City Manager McCow asked Council 's authorization to ch dule the s tudy session with the Tax Commi t te for 7 :00 .m. on June 14 , and for Council to meet a 6 :00 .m. r garding problems with the City Ditch . Council ap roved thi schedule . • • • • • • COU CII..MAr ..,OVERt MOVED AND COUNCILMAN BRO St.CO OED A MOTIOH THAT CITY COUNCIL AUTHORIZE COU CILMAt SOYERU , AJY OTH R COU!JCIU.,Et , A D THE CITY TAP TO PR ENT A PROTEST TO ARAPAHOE HE PO SIBL LOCATIO 0 A CAR CRUSHER It THI:. A TA F ON J ATI O AR A. U~ 011 c 1 or th r oll , th vot ult d t'o llow : Ay Co neil ill! ov n, m1th, ro Cl yton, T ylor. y : . A Co nci yo • • •. • • , ....... June 7 , 1976 Page 23 • Mayor Taylor stated that he feels Council should seriously consider having public hearings on nights other than City Council meeting nights . COUNCILMAN SMITH l40VED AND MAYOR TAYLOR SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION PROVIDING THAT CITY COUNCIL , IF AT ALL POSSIBLE , HAVE THE MAJORITY OF THE PUBLIC HEARINGS ON THE SECOND MONDAY OF EACH MONTH , WHEN IT IS TO THE COUNCIL 'S BENEFIT . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Smith , Brown, Taylor . Nays : Council Members Sovern , Clayton , Williams . Absent: Council Member Mann . The Mayor declared the motion defeated . * * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO ADJOURN THE MEETING . Upon a call of the roll , the vote resulted as follows: Ayes: Council Memb r William • Severn , Smith , Brown , Clayton , T ylor . Nays : None . Absent : Council Member Mann . The Mayor eel re the motion carrie • nd the meeting was adjourne at 1:25 a .m. •. ' • • , REGULAR l'lE!:.TlJJG : • - COU !JC I L C HAMBJ:.R 3 CITY OF ENGLEWOOD , COLORADO J ne 7 , 1970 1 A The Ci y Counci of the Ci y of Englewood , Arapahoe County , Colorado , met in re ular ssion on June 7 , ~76 at 7:30 .m. ~1ayor Taylor , presid1 ng , cal e the mt!e ing o order . Tlle invocation was given by Reveren Fre Lutheran Church Missouri Synod , 3695 o ch Acoma . Allegianc~ was le by boy Scout Troop #154 . Hahn , Imman el he Pledge of Mayor Taylor asked for roll call . Upon the call of the roll , Lh following were present : o neil Mem rs W lliama , ·overr , ~m1 h, Brown , Mann , Clay un , C:u !·lay r Taylor . A n : I c n<.. Tl r.!ay o r -\.! 1 re q · o r m 1 re ... tnt.. A s o II" n w 'l": • • • It I • m,C rz • • June 7 , 197 6 Page 2 • 0 -,. COUNCILMAN SOVERN MOVED Am COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL t4EET - ING ON MAY 24 , 1976 . Upon a call of the roll , the vote resulted as follows : Ayes : ouncil f.lembers Williams , Sovern , Smith , Brown , 1•1ann , Clay on , Taylor . tJays : None . The Mayor eclared the motion carried . * * * * * * COUNCILr4A J CLAYTON 140VED Aim COUNCILMAN BROWN SECONDED A J110TIOt THAT THE INVOCATION GIVW BY REVEREND FRED HAHN BE PRI TED VERBATUM IN THE MINUTES OF THIS l\1EETING . Upon a call of he roll , the vote r ulte as follows : Aye ~: Co uncil Meml1 cr ~ Wi l J m., 2-)ver , Smith Brown , Mann , Clayton , T Y l 0 r . j,yr; !J o r The Mayor declare th mo i o n carried . I I I I im , and ir 1 vidu ls . fi h , and o r • • • • June 7 , 197 6 Page 3 • - Sharron Frank , Area Planner of the Regional Transporta- tion District , was present to discuss bus passenger shelters in the City of Englewood . Ms . Frank presented specifications for the shelters , and she noted that three shelters are proposed for Englewood at this time : (l) northeast corner of int ersection of Girar and Clarkson ; (2) east side of intersection of Broadway and Floyd ; (3) west side of int ersec tion of Broadway and Floyd . Council and Ms . Frank discussed other possible locations . * * * * * * Attorney John Criswell was present representing Phil 's Auto Clinic , 25 East Girard , A & B Transmission , 3375 South Lincoln , and C & L Body Shop , 3395 outh Lincoln to discuss possible rel ocation assistanc . He requested that City Council allow the City Manager an City Attorney to talk with them about their sp cific roblems and possible monetary relief for their losses . Phil Pickell , Phil 's Auto Clinic , appear an explaine that he 1 ~ havit g difficulty r;etting hP nee ssary gas ta for his n w loc· tion . A MOTION 'l'HAT AUTHORIZED TO CLIIHC , A 8 OF DI US I 339? OU H EXPAtmED TO TO THEI AUTO Cr,It I A.m ... , Av nn , 1 yt.oa y 'l Ill ECONDED VO re tlcrnl er. illiam , Sov rn, Smith , rown, 101 c rr1 • • • • , • • - • June 7 , 1Q76 Page 4 • 0 - COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO DIRECT THE TRAFF IC DEPART - MENT TO TAKE A CURRENT COUN'l' AND TO MAKE A STUDY CONCERNING SUGGESTIOI~S AND COSTS TO HELP THIS SITU ATI ON , TO BE PRESENTED BACK TO CITY COUNCIL . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , mith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . * * * * * * COUNCIUMN MITd MOVED AND COUNCILMAN BROW! ECONDED A MOTION TO POSTPO E THE 3 .L BEER LI ENSE APPLI ATIOJ FOR NORMA ' BEER GONCE. TO ', c 5 OUTH BB0ADWAY U TIL~ • OHMA I E REOP E. 1 c CA . M II ' 1am , So vern , m1 tll , r wz , 1o c rri • • • n , rr1 .. • • - • • 0 ,. - Ju ne 7 , 1976 Page 5 1590 West Tufts Avenue . The property to the west and north is zoned I -2 , to the south and lower portion east is zoned I -1 , a n d to t he upper portion east is zoned R-3 . Ms . Romans reviewed the proposed I -1 zone , which has been recommended by the Planni ng and Zoning Commission . She submitted the staff report and find - ings of f act to the City Clerk for the r ecord . Attorney Tom Eitel was present representing the owners of the property , Leon and Vernet Mardesen , who are requesting that the property be zoned I -1 . Leon Mardesen , 6875 South Bellaire Way , was present and stated that he has owned this property since 1973 . He p r esented a set of eight pictures which he took from his property of the surrounding area . Mr . Mardesen stated that he wants to build a building for storage , with par of it to be leased out . Vernet Mardesen , u875 South Bellaire Way , was resent and state she is in favor of the I -1 zone because they need a building for st o r ~ an Nr ,, ea.,t o f •1 0 10. u Ay William Malone was pr s ·nt; r pres r.tin lr . iam M nning , owners of the proper y 1rectly to the J •c t pro erty . W st Tufts Av nu , wa rty since l95b . h COt t. A f o o T yl r. ' • • , - June 7 , 197 6 Page 6 • • I• Mr . Malone requested that City Council lo ok at the area before making a decision . He also requested consideration of some kind of residential zone to be used . Mr . Eit el objected to the petition because it is regard- ing a variance case in Arapahoe County rather t han the zoning of this property . Mayor Tay l o r r ead from the City Charter the "Rules of Evi ence " on rec ei ving a petition . COUtCILMA CL AY TOJ MOVED A!JD COUNCILMAN SOVERN SECONDED A MOTION TO CON~IDER THE PETITION . Upon a call o f the roll , the vo te r es lted as follows : Ayes : Co uncil Members Williams , So vern , Smith , Bro wn , Mann , Clayton , Taylo r . Hays : N" P , The lt.ay..,, dt..clared the ' o tlor, ..:af'ried . COU ClU.lAl CL AYTOH MOVJ:.D AND COUJJCILMAN ,,fU'l'H SECO NDED A MOTIOJ 1'HA THE PETITION NOT BE ALLOWED FOR THE REASON TH AT THE I.,~)UE :-;TATH II Ti!F PFTITIO IS NOT THE SAMJ:. I SUE AS STATED IN THI'' HEARIJ G . U on a call of the roll , the vote resulted as follows : A1 ew : Co uncil Members Willi ms , Sov rn , Smith , Brown , Mann , Claytor , Tay or . 11 M. ·or r n , cl re th motion carried . AllD COUIJCILMAN CL AY TON SECONDED a. U on a call of the roll , M ml rs W11 i . , ~ov rn , m!th , Brown , th m t 1 r c rri a 10 :1? .m. Co neil h roll , til ollowin W1 1 m. • 'ov n , 1 h , Bro wn , Cl y 0 • r cil r M un . ' • - • • I • 0 • June 7 , 197 6 Page 7 The Mayor declared a quorum present . COUNCILMAN CLAYTON MOVED AN D COUNCILMAN WILLI AM S ECONDED A MOTION THAT A DECIS ION BE POSTPONED UNTIL THE NEXT R~GULAR CITY COUNCIL MEETING . Upon a call of the roll , the vote resulted as follows : Ayes: Cou ncil Membe r s Williams , Sovern , Brown , Clayton , Taylor . Nays : Co uncil Member Sm ith . Absent : Council Member Mann . The Mayor eclared the motion carrie * * * * * * COUNCILNAtl BROW'I MOVED AND COUNCILMA!4 WILLIAM SECOHDED A 1-10TIO!I TO OPE t\ PUBLIC HEARING ON .i, 01\Dit MICE CREATIN G PAVING DIST RI C"' l 0 . 2 3 . Up or a call of the 1 I I , the vot resulted as follows : co ly Ayes : o nell Mem ers Williams , overn , mith , Brown , ay on , Taylor . Hays : Non • bsent : Council Membe r Mann . The Mayor clar• the motion carr! • - ' , • June 7 , 1976 Page 8 • • Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . I ays : None . Abser t : Council Member ~ann . The Mayor declared the motion carried . INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTH ORITY ORDINANCE NO . 2 3 SERlE OF • 'lfJ AN OR !NANCE CREATING PAVING DIST 1 NO . 2 II THE CITY OF EI'GLEWOOD , COLORADO , ORDERIJW THE (;Q ,;STRU TION AND I STALLATION OF TREET PAVING , CURB AND UTTER AI IDE' ALK IMPROVEMENTS ; APPR OPRIATING FUNDS FOR PAYMEIIT OF AI D mPROVEME ~TS ; PROVIDII G FO I OTICE TO CON'rRACTOR" AIJD OT' ER D. Al L' Ill CO WFCTIOt WITH T HE DISTRICT . .;ou CILIJJA, !JMITII MOVE D A COU ClLN ~ RO'. A tJJOTI ON TO PASS ORDINANCE NO . 23 , ~'LRIES OF 1 7o , REA Itm . Upon a call of the roll , he vo e re 1 e ECO OED FII AL 'is follows : Ayes : Council M mbers i111 m , Sovern , mi h , Br own , Clayton , Taylor . !Jays : !Jone . Absen Council Mem er Mann . The !JJayor clared the motion c rrie . • • • • • • "Commun1c tion.,-lo Ac ion Recomm n w r r c iv " on the Council of ion c . cr 10 io en ' • • ' June 7 , 197r; Page 10 • • BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTHENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD . Councilman Severn note that the original bill was to be brought back to Council with the efinition of relative , as well as a grandfather clausP . COUIJCIL1AH A MOTION TO POSTPONE BE BROUGHT BACK WITH GRANDFATHER CLAUSE . as follows: MIT!I JI10VED Al D COUNCILJitAN SOVERN CCONDED THIS ITEI-1 UNTIL THE f'IEETING OF JU E 21 TO TriE DEFINITION OF RELATIVE AS WELL AS A Upon a call of the roll, the vote res lted Ayes : Council 1·1e mb e rs Williams , Severn , Smith , Brown , Clay on , Taylo r . i~ays : None . A sent : Gnnncil MPmoer Mann . Th~.; M· ~or decl'ire h motion carried . • • • • • • Director of U ilities Carroll resen e a r commen ation from he Wat•r an Wt:!r Boar o pprove Su pl ment 1142 to South- RB e anitation District for h: ann xation of a 2 .38 acre parce or lan . COU GILMAN MOVE TO APPROVE UPPLEME T N4 2 T El D l Y 'l'hE EW • vo ' r ! ul COUI CILMAt' CLAY 0 ECOI ED SOU H ATE AI ITATION DISTRICT bOARD . UJ or, c 11 of the Co n 11 111m , :>ver , m1 h, Brown , Co n 1l nd t1 r u. s . wo u cou 1r r t. ' • • -• - June 7 , 1976 Page 9 e . Memorandum from the Director of Finance to the City Manager col cerning attendance at the Municipal Finance Office rs Conference in San Francisco , California on May 2-6 , 1976 . Councilman Clayton commented on agen a item 4c , stating that he feels all three pension boards sho ld have periodic reviews of disability r etirements . He requested that the City Attorney review these procedures . Mayor Tay lor s ggeste iscussing thi matter at a study session . SE OIJDED BOWL , 3? r sul e * * * * * * COUIJCILMAH OVERiJ !>'lOVED AND COUNCILMAIJ ILLIAM A MOTIOP TO Rhl EW THE 3 .2 BEER LICENSE FOR PORT ? SOUTH BROAD WAY . U on a call of h rol , h vo e s follows : Ay 'J nc 1 11embers Will ia s , ~ >v rr., :· 1 h , Brown , Clay on , Ta~ _ t'. h C r r I! ... JI.t.:. Co neil M m er Mann . The M yor eclare th mot:ion carrie * * * • * * recomm n atlon from ion of r latives . ECO!DED :l'AlCI:. c .M.C., u c.~,. R THI:. " • Y h vot ov rn, ' , Bl'O n , rr1 THE El. T D ' • • , - ' , • • • June 7 , 197f; Page 10 BY BLOOD OR MARRIAGE FROM ORIGIN AL APPOINTHENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD . Councilman Severn noted that the original bill was to be brought ack to Council with the definition of relative , as well as a grandfather clRuse . COUHCILI\1AN SMITH MOVED AllD COUNCILMAN SOVERN SECONDE D A I\10TION TO POSTPONE THIS ITE!~ UNTIL THE MEETING OF JU E 21 TO BE BROUGHT BACK WITH THE DEFINITION OF RELATIVE AS WELL AS A GRANDFATHER CLAUSE . Upon a call of the roll , the vote resulted as foll ows : Ayes : Council f·1e mbers Williams , Severn , Smith , Brown , Clayton, Taylor . ea or an . roll , ilays : None . Absent : Cnuncil M mher Mann . h motior carried . * * * * * * Ut111tt r, Carroll presen r comrn ndatlon ·ewer Boar to a~prove Supplemen N 2 to South- rict for h' annexa ion of a 2 .38 ere arce UJJC!LMAH OVER •lOVE A JD com CILMAt< APPROVE SUPPLEME T 142 TO SOUTHGATE Y TrE E ER BOARD . U or a ca result Ay ·ouncll I~ mt. r Williams , over , Smi h , Brown , Cl y < n , • y t . , ~ 1 on • At!. n Cvunc1 Mo.: r M nn . Til yor cl r rri I I I ' • • - • June 7 , 1 976 Page 11 • 0 • : .. COUNCILMAN SMITH NOVED AND COUNCILMAN CLAYTON SECONDED ,. . A MOTION TO APPROV~ THE REQUEST OF THE U. S . ENVIRONME NTAL PROTEC - TION AGEN CY TO PERMIT UNDERWATER DIVIN G RECERTIFICATION AT McCLELLAN RESERVOIR . Upon a call o f the r oll , the vote r esu lted as follows : Ay es : Council Membe r s Williams , Severn , Smith , Brown , Clayton , Tay lor . Nay : Hone . Absent : Cou ncil Member Man n . The Mayor declared the motion carried . * * * * * * COUtJCIL!IA!J IHLLIAMS MOVED AND COUNCIL!~AN SOVERN SECONDED A l~OTIOt TO REGEl VE TilE FINDINGS OF FACT , COIJCLUSIONS , AIJD RE Oll~lElll A'I'1 O!J~' I·RO~l Tm, PLANIJTIJCl Aim 7.0NHJC1 COt~lU '"ION CO!J - CC:RH II G THE ?. ., I• , Lll• LUT 6 , BELL 1 LE GARDhtl$. Upon a call of h•• J'oll , l'•~::.ul c a· f ul l ow : Ay . : ·) rtcll Nt>rn t:-rs \Hlliams , Severn , Smith , Hro wn, lay on , Ta;vl r . T y OJ'. ~QUI J 1 r M·nn . ':', • I , ul' d ·cl r urc not.lor carrie I .. A \:: * * * * * • 1 h , rown , Clay on , '"' . • • .. • • Jun e 7 , 1976 Page 12 • - COU CILMAN SMITH MOVED Aim COUi~CILMAJJ SOVERN SECONDED A MOTION TO CONSIDER AGENDA ITEM 2d WHICH WAS TABLED EARLIER CONCERNING AN APPLICATION FOR A 3 .2 BEER LICEN E AT 5450 SOUTH BROADWAY BY MS . NORMA WISE . Upon a call of the roll , the vote r esu lted as follows : Ayes : Council Members William s , Severn , Smith , Brown , Clayton , Taylor . fays : None . Absent : Council Member Mann . The Mayor eclare he motion ca rried . COUNCILMAN SMITH HOVED AND COUNCILMAN BROWN SECONDED A f~OTIO! TO TABLl· H ITEM U!ITIL IT I BROUGHT BEFORE COUNCIL AGAIN BY MS . NORMA WI E. U on ~ ca l of the roll , the vote resul d as follows : Ay 0 ll~o il f~ern r•. "'i lliciiO H, So vern , ,'mi h , Rro wn , C l:1y on , l.V l'. 1 'iY ,, : .. or ( • ( li Cuurrcl Memo r 1 nr • Tlle r: ~ ,,r declar • tilt• mo ion co.rri • • • • • • 1 THO UC.. ft. A . ILL Y COU/'(.; LMAI CLAYTm A; OHDll Or THE l E::ALTI 0 c 0 • r • >.I , E 0 :OED • • , -• 0 ,, - June 7 , 1976 Page 13 Absent: Council !~ember f,lann . The Mayor declared the amendment carried . COUJJCILHAN MITH MOVED AND COUNCILHAN BROWN SECONDED A MOTION TO AMEND THE ORIGINAL I-10TI01J ChANGING THE ORDINANCE TO A BILL AND CANCELING THE ORDINANCE NUMBER . Upon a call of the r oll , the vote resulted as follows : Ay es : Clayton , Taylor . Council Members Williams , So vern , Smith , Brown , Hays: lone . Ab en Council Member Mann . Th Mayor declared the amendment carried . u on a call the of the roll , vote on the origina motion a am nded resulted as follows: Ayen : ~ouncil Members illjams , Sovern , Smith , drown , Clayton , 1aylor . l ay::;: .;one . A ~crt : Co neil Member Mann. The Mayor eclared he motion carried . City Attorney Berar ini state that Ju ge Swearingen like t.o !lave fir offen ers a pear in co rt rather than o Iay a s t fine at the window . COUtlCILMA!J OVER! ~lOVED AIJD COUNCILMAN CLAYTON SECONDED A t-lOTlat TO DIRECT THE CITY ATTOR!JEY TO BRING BACK A RECOMME DATIOf 0: E ':'ION D PERTAII II G TO 11ANDATORY APPEARA! CE IN COUR 01 FIRST Jo F~l 'ES . Uj.Jon 01 c 11 of h roll , th vote r ult.ed follows: c y Ay .. ounc 11 ~ m r Willi on , aylor . J : ' I A Co nci r I 1 n. h mo .1on • • • I UC D A: A BILL Y OU CIWAl CLAY A L 'PO CT ALA m~ , ov rn , Smi h , Brown , c rri • •. ' • , - • June 7 , 1 97 6 PagE> 14 • - FUTURE MEMBER OF THE ENGLEWOOD CITY COUNCIL , TO B~COME EFFECTIVE DUR I NG THAT COUNCIL TERM COMMENCING AT 7 :30P .M. ON THE FIRST MONDAY AFTER JANU ARY 1 , 1978 . COU!ICILMAI CL A YTO~ MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PA S A BILL FOR AN ORDIN AN CE AMENDING ECTION 41 , HAPT ER 4 , TITLE I , OF ARTICLE IV , ENTITLED "COUNCIL SALARIES ", BY INCREASIJG 'AID ALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY OUiJCIL , TO BECOME EFFECTIVE DURING TH AT COUIICIL TER M COMMENDI!JG AT 7 : 30 P .~1 . ON THE FIRST MOiJDAY AFTER J AIWARY 1 , 1978 . Upon a ca 1 o f the r oll , the vo te resulted as follo ws : Ayes : Council Mem ers Smith , Bro wn , Clayton . !Jays : Co neil t1embers Williams , Severn , Tay lor . bsent : Co neil Member Mann . Tne Mayor declared the mo ion defeate * * * * * 4 ity Anorn •y l.lerat• ini res0nted a Bill for an Ot· inance llcen~ing and r •g latin~ vehiclt! wr cker or towing servi.!l'. h• ~·ccor.uncn 0 ·ha a flat ratP be e::; Rblished for lic~r ::;trw ln t.lle City rc ar lc.,s of the num er o f true s a wrecker may have . INTRO UCLD A~ A iiLL BY COUNCILM AN SMITH A BILL FOR I I to ll , City 1 •a • • • - • • • - Jun 7 , 197 Page 15 COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AMEND THE ORIGINAL MOTION BY STRIKING SECTION 9-9-b . Upon a call of the roll , the vote resulted as follows : Ayes : Co uncil Members Williams , So v ern , Smith , Brown . ~ays : Council Members Clayton , Taylor . Absent: Council Member Mann . The Mayor declared the amendment ca r ried . Upon a call of the roll , tne vote on the original motion as Mnended resulted as follows : Ayes : o neil Member Williams , Sovern , Smith , Brown , Clayton , Taylor . !Jays : None . Ab sen t : Councl r-1 Pllt • ~!ann The Mayor ·cl reJ the motion carrie * * If If * * I!TRODUCBD A A BILL BY COU~CILMAl SMITH A BILL FOR A: OR I!JA!JCE Af.~El DING CH PTER L , EUTITLED "OFFE!lSES AGAIHST PUBLIC PEACE , "AFETY At D GOOD ORDER ", OF TITLE XI , OF THE 1 969 EHGLEWOOD MUI I~IPAL CODE , BY ADD! G A NEW SECTIO THERETO PROHIBITING THE OLI~ITATION OF TOWI~ OR WRECKER BU IIESS . COUHCI MA, MIT!! HOVC:D A 10 GOU CILMAU OVERN 'r.COND!:.D MOTIO! 0 PA A BILL FOR AN ORDil•A•< '.t. AMEND!: CHAPTER 6 , E.l"'l'::'LE "OFr'Et. L AGAH 'T PUBLIC PEACr.., AFETY Al D GOOD ORDER ", OF TITLr. XI, OF TdE 6 EIJGLEWOOD 14Ul ICIPAL COD!:., BY AD l1'G A :E s ·C"' o,: Til HE 0 PROi!IBITlt , Th •• oLICr:'ATiot vF · 0 I J OR ECt\t:R BU'IJE'". his llv C l y or , At •. Jun 7 , 1976 Page 16 • -I• The Mayor declared the motion carrie * * * * * * City Attorney Berar ini presented a resolution authorizing the purchase of land required for the enior Citizens Recreation Cen t er . He stated that the land consists of five parcels , and the resolution does not allow for relocation assistance . COUNCILMAN CLAYTOIJ MOVED AND COUNCILMAH WILLIAM.S SECO Dl:.D A MOTIOIJ TO TABLE THIS RESOLUTION UtTIL THE NEXT REGULAT CITY COUNCIL MEETING . Upon a call of the roll , the vote resulted as follows : Aye : Co neil Mem rs Williams , Brown , Clayton , Tay or . Nays : Courcil Members overn , Smith . Council Member Mann . ne May .. a· t!clared h -o ion currie . C ty I nuger NcCown .3t ed that negotiation n to be starte '. ~oon a:; possible in or r for the sche le to be met . COU CIL4A BRO~ MOVED AND COUHCILMA CLAYTOr SECOIDED A MOTIO '1'0 RECONSIDER THE NOTION . U on a call of he roll , the vot re ulte as follows : Aye CoLmcl !!em 'rs Sov rn , Smith , Brown , Cl yton , lay ouncil M m r Williams . Co nc 11 M m r M 1 1 • Til ltyOl c lar tll o 1 11 c rr1 E 'OLUTIO .. NO . 2 , ERI • .l OF l '/ A 01 y or . m1 At ro n, C or , ' - • • • • I• • J u ne 7 , 197 Page 17 The Mayor declar e d the motion carr ied . * * * * * * RESOLUTION NO . 25 , SERIES OF 19 76 A RESOLUTION NAMING THE COMMUIHT Y ROOM OF THE ENGLEWOOD POLICE AND FIRE CENTER THE E .E . "ERNIE " ANDERSON ROOH . COUNCILMAN SOVERN MOV~D AND COUNCILM AN CLAYTON SECO OED A MOTION TO PASS RESOLUTIOI~ NO . 25 , SERIES OF 1976 . Upon a call of the roll , the vole resulted as follow : Ayes : Council Members Williams, Severn , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Mernb r Mann. Tit J.luyor declared th~ motion c rrl * * * * • • l se agreem •n ba Phil '. liirard . orney !3erardini presen ed 1l month -a -month the City of Engl woo an Phil Pickell , for a parking lot locate at 20 E st OTIOI '{ A ~1ITH MOVED AND COU CILMAN WILLIAM SECONDED THE HAYOR TO ''IGN THE LEASE AGREEME ~T BETWEE E,JUU:WOOD A 10 PHIL PICKELL FOR A PARKIIJG LOT AT 20 EA T o f h r o ll , th vo r s ll s follow : Co ncl , mbt.r 1111 m C •·• 01 , T 0 1• • overn , .Smi h , brown , • on . Co me 1 or • • • 0 • • • June 7 1 1. 1 976 Pagt: tJ • • ... I• • COUNCILMAN SOVERN MOVED AHD COUNCILMAN WILLI AM S SECONDED A l~OTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE REALLOCATING REVENUES FROM THE PUBLIC IMPROVEMENT FUND TO THE GENERAL FU D FOR 1976 . Upon a call of the roll , the vote resulted as follows: Taylor . Ayes : Council f-1ember~ Williams , Severn , Smith , Brown , ays : ouncil Membe r Clayton . Absen Council Mem er Mann . The Mayor declar Lhe motion carried. * * * * * * City At orney Berar ini presented an agreement Service ompany an the City of cn_le wood wher by ' rvj ce il convt.:y ppro xima t.: • tl!'<!<-..:res of lan to b tweet Public tr City he Clty will p1y the co·t or con 1~.:Ling a roa or ror cee::;..;. hi~ .. ono. U! on 1 .; I LL AM lOV ·D AD C0U!Cl ~A Ml l JbCillDED II F: A ,REEI-1£, T WITH PUBLIC SERVICE COMPANY . roll , e r suited as follows : Aye~: Council Member Williams , Severn , Smith , Brown , Clayton , yl o r . Ah ct Counc il fl m t.:l' f.l nn . M yor· l1e mo 10 1 c rri I I I I I I •l L1 cone rn11 on , ov rr , . 1 h , row , or • J . • • • - II • • • June 7 , 1976 Page 19 • 0 • , . City Attorney Berardini presented a proclamation declaring September 8 , 1976 as National Cancer Day . COUNCILMAN SOVERN MOVED AND COUNCILMAtl CLAYTON SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION DECLARING SEPTEMBER 8 , 1976 AS NATIONAL CA~CER DAY . Upon a call of the roll , the vote result ed as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Co neil Member Mann . Th M yor eclar~ he motion carried . * • * * • * As ·ist'ln ensioz f r A f~OTI i TO 01 c 3:>ion by s e ha numlcr o Councilman Sov rn 10:1n nte a memorandum from tt, he financial sta s of n ECOI ED A D COLORA 0 WELL A City At orn y B rar 1n1 ho 1 be 1rvolve , nd 1 a goo tart . c 11 of h rol h vot a fo ow : Clay on , r William , Sov r , m1 , Brown , ys: rH . .tl .... 1 rnb r Mann • Tt yor c th mo l n c rrl • * * • • ES LU.IQ., 0 . "'7 • RIE' F 7 ,(, 1-101 lE It THE ENE AL U: • c " • • - • June 7, 1976 Page 20 • 0 • , . Ayes : Council Members Williams , Severn , Smith , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Mann . The Mayor declared the motion carried . * * * * * * City 1\lanar;er McCown presented a memorandum concerning Emerson Mini Park . He reported that the estimated costs for the proposed improvements , including grass lanting and the sprinkler sy tern , is 14 ,190 ; and the es imated annual mainte - nance cost is $2 ,250 . ,._ COUNCILMAN BROW MOVED AND COU CILMA CLAYTOIJ ECO WE A l•lOTIOll TO AUTHOR I ~E THE CITY MAl AOER TO PROCEED WITrl THE IMPROVE - MElTS AT EMER ON '[I I PARK AND TO INCLU DE THE FU!DS II THE NEXT 3IX UART~R BUDO~T . U on a ca 1 of th~ roll , the vote resulted a fol ow-: A p T or·. Ayes : Co nci Members overn , Smith , Brown , Clayton . Nay : Council Mem rs illi ms , Taylor . A ser t: Council Mem r M nn . Th Mayor declared the mo ion carried . co I 11 y 1r Come 1 cJ. * * * * * * 1 ro pre~ n ed a repor he South El ti treet . H d with the pro o h ir roperty . still has to en e ion . r ov r • ~ II, t. n . M l!ll l' nn . • • f - June 7 , l97G Page 21 • 0 -,. Th Mayor declare the motion carried . * * * * * * COUNCILMAN SOVERN MOVED AND COUNCILt1AH WILLIAMS SECONDED A MOTION TO POSTPONE DISCUSSION OF THE LITTLE DRY CREEK REPORT UNTIL THE NEXT REGULAR CITY COUNCIL MEETING . Upon a call of the roll , the vote resulted a follows : Ay s : Council Members Williams , overn , Smith , Brown , Clay on , Taylor . Nay.;: iJon • Au ~ent: Council Mem r Mann . The Hayor eclar ~h motion carrie * * • * • • Ci t;y r ar ager ~kCown r r s ntt:u a mernor"'n m from h A:.;sistant City f>lana er concerning his at en nee a he ICMA Advanced Labor Mana ement Corf rene in Co umb s, Ohio on My -12 , l 76 . the islan Ay Tl * • • • • • McCown El t1 n diJ• ction concerning on. 'ECO DE T DOES tOT A. D ylor. ' • - June 7 , 1976 Page 22 • - COUNCILMAN SOVERN MOVED Aim COUNCILM AN SMITH SECONDED A ~lOTION TO DIRECT THE CITY MA AGER TO WRITE ANOTHER LE TTER TO HERMAN OLNER CONCERNING THE POLICE/FIRE COMPLE X LEASE . Upon a call of the r o ll , he vote resulted as f ollows : Ayes : Council Membe r s Williams , Severn , Smith , Br own , Clayton , Tay l or . Nays : None . A sent : Council Member Mann . Th Mayor eclar•d he mo ion carrie • • * * • * COUI~CILI>1AI CLAYTO NOVEll At D COUNCILMAN SOVr,RN ECOI DED OTIOt TO DIRECT THE CITY ATTORilEY TO PREPARE AI~ OR I A CE !JCER! I;,.; THE R .T .D . BUS PA.,, E!JGE 'HELTE ~L Upon a call of IJ roll , I.. he vo ,, r sul ed a. foll l'lws : Ayes : C0uncil Member Willi·ms , ov•rn , Smith , Uro wn , Clay on , Taylor . Na s : .wllc . Ab3•nt: Council Mcmb r M rn . Th M yor lPlc-ar•e .ht mo ion ~arric * • * • • • I I I I r ... 1 l1 ov rn , y n nr • 01' c • • - (( II • • 0 - June 7 , 1976 Page 23 Mayor Taylor stated that he feels Counc il should serio"sly consider ha ,ing P"blir hearings on nights other than City Council meeting nights . COUNCILMAN SMITH MOVED AND MAYOR TAYLOR SECONDED A MOTION TO DIRECT THE CITY A'i'l'ORNEY TO PREPARE A RESOLUTION PROVIDING THAT CITY COUNCIL , lP AT ALL POSSIBLE , HAVE THE MAJORITY OF THE PUBLIC HEARINGS ON THE SECOND MONDAY OF EACH MONTH , WHEN 1 T I TO THE COUNCIL 'S BENEFIT . Upon a r all of the roll , he vo e resulted an follows : Ayes : Council Mern rs Smith , Brown , Taylor . N y .. : ::ouncu M mo rs Sovern , Clayton , illiams . Ab;;;eut : Council Mem er I• ann . The Mayor declared the mo ion efeated . * • • * • • CUU IGII.,AN SOVERN MOVFD t D U CIL.MA WILLIAMS SEcOJ OED A MOTlO/, 0 ADJOURN THE Ml ETING . Upon a ra11 of the roll , Lh vot~ re3 lted as follows : Cl·y on , Taylor . Aye ' 'o"neu Rrmbrr 111iam , So,ern , Smith , Br •wn , Nay un . A r ~0 r.cj M m r M nn . as :til} l' ~1 r t. • L .m. mo 1 n c rr1e , and he rn in ,_ ' • • • - MINUTES OF ENGLh'WOOD IIOUSJ G AUTHORITY ~IEF.TJ G April 27, 1976 2 ;, Th regular me>ting o1 the Engl•wood Housing Authority was called to ordrr at 5:05 P.M. hy Chairman Thomas J Burns. Call of th roll indicated th • Jollowing: Member · Pre& nt: Thomas J. Burns, Chairman B•rry later V rn Mann Mauri· lerlin Members \bsent : Uctt · Bet r, \ • Chairman Otlwrs Prc&t!lll: Gt>orge Allen .John&on, 1: U'\11 ivl• Dir ctor, Lngl wo d If Ubing uthority Dorothy A. Romans, cting Dirtctor, Departmen t of Commun.Lty D v'lopmeut linute · of t h1• mPt•t ing v i<'W<'d . IIH Ch.l I J' an a A IT> Billb ,IJld OJ m Tl·m All liOI(•d "a)P" nd th • • - Mr. M rlin inquired a to th~ status oJ th Housing Authority with r garct to funds, to whi h Mr. Johnson replied that $55,000 r main s ol the> orig-inal 80,000 initially allotted to th Hous- ing Authority. lr. I rlin th n requ sted that a written account- ing-he obtained from thP Dcpartm nt of Finan e indicating re- c•ipts and •xpenditures irom the original allo mcnt so that he would hav • a better under tanding of what had tran pired, since h • has not twr n a C'ommissiorwr !:>in the organization of the Author1t~. Cha irman Uurns r comm nd d that this request b made, ami th :1t tlw accounting be availahl for tlw n xt meeting. IJ·. IIUJ'Il~ rwxt rPport cd on a lett cr which had b n sent to lr. Io pt>.t' imllcating denial o1 his r quest tor a loan und r th • Ht"ol 1111." Rrhabilitation Loan Fund pro•ram. lr . Lop z' request w.t~ not an 1 i~-:i bl on • und •r th(• progr m. Th 1 t t r was a 1'1'!-.lllt o/ Jlt'<'vious r1<•t<·rmin ation h• th II us1ng Authority. ~11' .• r hll!-.On 1' •port Pd on a II. u.n. had at t Pl1dt>d 1n Coloi':Hio Sprin~-: .. llolll--111 1\uthoJJl\ aud'its ute hook wil l h• ch•c k d, h lw sJgnPct h th<· Chair an \lr . lt'lJtJqlll llnndtlt, and nl-,o IJP!I~t•r thP\ or· Ita 1 t ' . 11 ~ mimt ''· shotdd l11 of of min- mu • - • • ,. . 0 - waiting list ior units in the Englewood Apartments for the Elderly . He expros d th I ar that th applications may be complicated for some o1 th eld rly, and Mrs. Romans suggested attaching a not e off ring as istanc to the applicants when ne ded. Mr. M rlin Jelt that s nding the applications at this time would be prematur , and suggest d s nding po t cards first in ord r to liminat some o1 th p opl who are no long r inter sted. Alter a short d1scussion, it was d t rmined that this would be a dup- lication of work and xp ns , and that th information ontained in th appl1·ation i n ce sary in det rmining li ibility. lr. Burn Jelt that requ sting this information a hi tim could pr v nt "play1ng gam uch as hiding a t , tc. It was point d out that II .. n. r quir m nts includ maintaining a waiting list. Mr. 1 rlin questioned what would happ n if a p r on compl tes his appli ation and at that tim do s not qualify· 1 h dropp d trom th list, or ish k pt nth list until ·u h 11m h doe qu.llit}) It .• John on said that h w uld l1a\. • to ov r; a ·urr nt waiting 11 t mu t h maint ined . • ,_ l o - It was determined that much oi this material had been reviewed in past m Lings. Mr. Johnson reviewed the regulations briefly, and in luded an explanation of Paragraph D of Section II as it relates to the Handicapped and Disabled. He said that whenever ll.U.D. speaks of elderly housing th y in lud e handicapped and disabled. Mauri Merlin question d th capability ot a m ntally retarded person to maintain an apartm•nt. Mr. Johnson, in reply, r f rred to the de1inition of "disabl,d" and "handicapp d" contained in th Policy Statement. In reply to Mr. I rlin's next qu stion, Mr. Johnson said that medical information would be required. Mr. Burns also suggest d that a social work r working with the handicapp•d p rson would b in. position to make the determina- tion of capability. He f lt a stat m nt would hav to be ob- tain d from th pcopl working with hand! app d and disabled applicants. Mr. I rlin aution d that there ma y be famili s of r tard•d pcr.on who will try to place a p rson in the apart- m nts wh is incapabl of living individually. Disc us. 1on t•nsul d, dur1n • 11. 1ann inquu· d about th non- di <.:r1mi nut ion cl.1us •, r 1 •rrin' to the restriction on applicant r • · iv1ng pr 1 •rcn e b au • of affiliation with ificial . This wa JL cus ed. tr. SLI! r qu •~::>t ion son .tatcd '" n' Mr. John- stat d life- c uld who do ct, th nd to , " do d r•t a nt ( r tt> to d ' • ( • • - Mr. Merlin qu stioned th brochure, and felt that th people should have more information on r quirements and qualifications. Mr. Slater was oi the opinion that this had been s ttled some time ago, relative to informing the people, and that it had been determined that a hrochur should b pr pared. ~lr. I rlin qu stion d th cost of th brochure, and Mr . Romans volunt or d the rvices oi h r drafting people, who would pre- pare the brochure at no charge. lr. Burns felt the bro hure wou ld be valuable in helping th p opl to understand th in- come 1 vels, r qu ir ment , et . lr . Romans suggested that she have Barbara Young, on of her tai1 m mbers who is tal nted in this typ ol thing, work with lr. Johnson in th final pr para- t1on of th bro·hur Mr. Mann qu•btioned th valu oJ a brochure, with mor than five hundr•d p•opl already on th waiting list. It was determined that th brochur would b n s ary a a hand-out for informa- tional rurpo s when peopl have questions. lrs. B•i •r, who h.ld •nt r d th m etinR aft r roll all, suggested that a m1m ograph d sheet showing r qui rem nts for o cupants •ould h• uliici•nt, and .w no nece sity for an laborat bro- chur mans a kud wheth•r th r • 1 anythin in th At this point th•r wa allowed. It wa d t t th pr sent tim Poll ·y Stat m nt for dinn r. brochure rmin d that , but that and th Or - ' • - • • - Mr. Burns pointed ou1 that th Housin~ AuthoritY had asked for a management agr ement. 11 th bonds ar • paid off and the City cannot convey the building to th Housing Authority, the money could be us d tor maintenan and oth r e p n es. The manage- m nt agre m •nt ould r main in ef1 ect. Maurie M rlin said that the prop~rty will long to th !lou sing uthorit y, and Mr. Burns r plied that th r would be a ground l •ase with the ily and the Housing Authori y. Mr. John- son report d that the II.U.D. Legal D partment had aid that th b st arrang menl would h a land agre ment in addition to a man- agem nt a~r ·e m nt . lr. Burn!-> ::,aid that hecaus ot the tact that the Hou ing Authority own::, th• land and th City own th building, th re must b a }•as agr•t>men t. Without any agre m nt the City is technically tr spas ing on llou ing Authori y land. Mr. Burns r commend d getting om• I rm of agre m nt from th City Attorn y' offic hy t lw rw t m •et ing. lr. Johnson sugg ted that th form of m Jhgemcnl ag1umull h• had pr•E.ent •d < uld b giv•n to City Attorn y B•rardinl as a sugg sl d agr• m nt Discussion folloVI d as to wh•ther th • manag m nt agreement should b adopt d before th • 1 a e agr ••m nt i finallZ d. d with th lr. management agr•emcnt. AI JOH SO GHI ~. lh T BFTWLT d EXT IU.G hy U•rry later. m usly. lr. Uur·n ' ' - -• ,. - and it was det rmined that thi is a question which will have to b r olv d. Mr. Burn as k d whether the Littleton Housing Authority manages Gen va Village, and Mr. Johnson said he would check into this and see what arrangements have been made by the Littleton Hous - ing Authority for the management of these apartments. Mr. Burn aid the selection of resident managers should be in- cluded in th agrecm nt . Th r' was dis ussion as to methods whic can be used by the Hous- ing Authority to rec iv r v nue. Ther was discus ion as to who should pay th bi lls such as utilities, and wh ther or not thi should be handled by the Housin g Authority. It wa agre d that this subj ct should be open for further dis u sian. Vern Mann •autioned aga1n t th 1ty's being looked on as the own r of lh building. II f 1t th City itself is in a ens the manager. There was mor discus ion as to the purpose of the !lou ing uthority. lr. Burn aid Housing Authorities were es- tablish d as manag r , and no a owners of prop rty. It was not d that the Denver Jlou in Author! y owns prop rty; the Littl - Lon prop rti w re built b~ th F d ral governm nt and transf rr d to t h Jlou ing uthorit Mr. Burns point d out that wood proj ct i uniqu in th. l it is th fir t in th to be built with G n ral Ob- lig t ion Bond . II add d th, t some of th r nt now b ing allowtd hy II.U.O. ar> much high r than th r nt w w r allow d. II Ill that f.nJ,rh•w od brok th i ith it proj 7 • • • - The n ext item to be dis c ussed was a lett er which the City of Eng l ew ood h ad received from E . David Shockley, Commer cia l En - gi ne er for Public Servic e ompany approving the gas tap for the Apartments Jor the E lderly, and stating ce rt ai n stipula- t ions. Th letter was discussed, including some of the termin- ology in th l etter, and th meaning of such measurements as "cf h" and "MCF". Mr. Burns pointed out that 1h approval of the gas tap would inf lu ence our ability to get any solar e nerg y grant money, since this mon ey is avai lable at th present time only in cases where a g as tap is not available. Mr . Johnson r eported that he April 9 issu e of the Rocky Moun- tain ws had stated that an up-coming meeting with Congressman Tim Wirth would deal with solar en rgy. H contact d Mr . Wirth, and f lt lh•r • ~auld be a chan of talking to some of the solar •ne r gy p •opl He said h had b en contacted by om of th solar compani •!:>. lr. Burns felt that any possihilit of using solar •n•rgy !:>h uld b pursu•d. Mr. !ann .u,kt-d U th •r is not an arrangement o n th building root Jor bol r, and was told that ther is not a collector th re, but that it ib being desi g ned for easy conversion. lr. I •rlin 1 o1nt d out that in a building such as ours, if w could tiP into th hot wat r yst m, we would not n d a larg coll •(tor tank 1\c v.ould b u <;;ing th o l ar hat ontinually, and our l\JU1 nt would b big nough to heat thew t r. II ba it! he di'l not h ating th ' building, but only u ing olar for heating thl hot water. lr. Uurn!:> •• lid ht• thought of u inr bOl.r, .nd it wa sub.JC ·t ~.h ulll I) • coot nu hould maximiz. d that inv th po ibilitie tiga ion into th 1t " • -• 0 • is apparent, a cording to Mr. Johnson, how tight the rents are going to be. I~ reported on a conversation with Mr. Jerry Laster, whose name had been in th n w b cause of the tremendous amount of family trouble his 1amily had suffered recently, mainly with mounting medical bills. Mr . Johnson has made an appointment with Mr. Laster to see what can be done to assist this family through the Existing Section 8 program. lie reported on some of the other cases b ing handled through the program. There was discussion as to th low market rents, and what can be done in order to receive a higher rent 1 vel. Mr. Johnson explained further th proced- ur invol ed in administering the program, and how the funding work . Mt·. Johnson next t·cviewcd a 1 •t t r sent to lr. Donald Dirk n at li.U.D., in \l.hich Mr. Burn mad lr. Dirksen aware that th Engle- wood Housing Authority has not received an Invitation for Appli- cation for th' 1!)76 allo at ion of iunds for the Exi ting S ction 8 program. Mr. nirk&en had r pli•d that the 1976 allocation f funds has not b n d veloped, .nd that th• prop r Housin~ Authority ofJicials would b• noti1i •d wh n lan 1or th pr ram w r made final. lhscus ion took l•la · • on lr. Johnson' pr s ntat ion of th DR 1976 ProjC' ·t d llil'tribution, e tion Existing Pt·ogra Potential. Tlw p•rccnta~-:e ol in r asc ior 'ngl wood, according to thi chcd - ule, would be thr• p r c nt. A report was g1v •n R•habilit t1011 d in t lw l'nl in •l and the ,, ' • -• 0 • There being nothing further to be discussed at this meeting, the Chairman declared the meeting adjourned at 9:10 P.M. />~~~ E~bSter ~~~~--------- Recording Secretary l •, • • • • • .. CITY OF ENGLEWOOD PLANNING AND ZONI G COMMISSION MAY 18, 1976 I, CALL TO ORDER. The regular meeting o f the City Planning and Zoning Commission was called to ord r a t 7:05 p .m. by Chairman Tanguma . Members present : Jorgenson, Parker, Jones, Tanguma, Don Smith, Pierson Romans, Ex-officio Members absent: Wade, Williams, Ed Smith Also present: Assistant City Attorney DeWitt Associa te Planner House II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of May 4, 1976, were to be considered for approval , Jones moved: Jorgenson seconded : The Minutes of May 4, 1976, be approved a written , AYES : Jorgenson, Parker, Pierson, Don Smith, Tanguaa, Jbne NAYS: None ABSENT: Ed Smith , Wad , illiam The motion carri d. III . CASE #16-76 lr , Tan urn a QU t • d lr . Roman lor th background o thi r - 2 ' • • • • -----2- Mrs. Romans stated that it is the staff position that any service of vehicles in the B-1 Zone District is permitted only in connection with a new car sales lot, in which instance it is very clear in the Ordinance that any service of cars is an accessory use to the new car sales lot . The staff position is that the proposed use is not permitted in the B-1 Zone District, nor is it similar to any use permitted in the B-1 Zone District. Mrs. Romans indicated a diagram of the site of the proposed use. Mr. Jones asked if the basement space proposed for the use was ever considered as parking area for the apartments on the site, or used as storage for the Thompson Plumbing Shop? Mrs. Romans stated that the basement area was used by Mr. Thompson in ·connection with his plumbing business. Mr. House noted that Mr. Thompson now stores materials used in his plumbing business in the basement of the apartment structure. The basement portion proposed to be used by Mr. Moran is vacant at this time . Mr. Jones noted that the apartments constructed in this area do not meet the minimum off-street parking requirements. Mr. Parker stated that as he recalled, when the building was con- structued, it was used for storage of plumbing materials and for the vehicles used by Mr . Thompson. Mrs. Pierson asked the nature of the action required by the Commission? She inquired if a recommendation to City Council is in order. Mrs •. Romans stated that the action required would not be a recomaendation to City Council; the Commission has the authority to determine if the propos d use is, indeed, similar to those permitt d in the B-1 Zone District, If the Commission does make such d termination, this would apply to the entire B-1 Zon District, and not jus the subject location. Mr . Tanguma asked Mr . Moran if he wi bed to make a pr sentation? Mr. Ru 11 Moran 3924 Ba t 7th Av nue -pre ent d a rouping of photo rapbs tak n of the subj ct buildin and ar a. Mr . Moran tated when he first con id r d leasin th buildi froa Mr. Thompson, he call d th Zoning Division to d t rain what th zoning w s; also h th r or not that cla sification ould rait a r tail uni ora shop, and th car waxin and polishin hop. Mr. oran stat d that h di cu d th matt r with a on in h Divi ion and as qu ation d v ry thorou hly on th of o ration th car waxin and polish! encoapaa d , • , - • • • • ,._ - -3- Mr. Moran stated that the person he pok, to indicated that inasmuch as no body work or mechani cal work was to be done, there would be no problem with the proposed use ot this •ddress . He could not recall the name of the person with whom he spoke. Mr. Moran stated that the repairs on the building to make it useable for the retail uniform shop were considerably more than he had Planned on, and he held back on putting the car waxing/polishing and cleaning operation in at that time. Mr. Moran stated there are modifications that Will have to be made before the boaement con be used for the cor polishing operotion; for one thing, the romp to the bosement will hove to be modified to accommodate "low-clearance" automobiles . Mr. Moran stated there is sufficient room on the ramp to park two automobiles With additional parking ar a for several cars in the basement. Mr. Moron s tot cd t hot the building is of concrete cons true tion, ond thot one port of the building is designoted •s • Civil Defense shelter . Mr . Moran stated he reali ze d that he would not be allowed to do any sales or auto repair work at the proposed site, and this is not what he does in the proposed op ration. It is siaply the cleoning, ••xing ond polishing of outo•obiles. Mr. Moran pointed out there are other cleaning establishments p rmitted in th B-1 Zone District, and there are cleaning establishments in the immediate area . Mr. Moran stated he felt the propos d use should be allowed in the B-1 Zone Dis- trict Mr. Moran pointed out there would be no dust, odor, nois , etc. connected With the operation, and it would not be hazardous to the health, safety and welfar of peopl • Mr. Moran acknowledged there is a parking problem in th area, but h anticipated only five cars p r day maxtau•, which cars could all b stored in the basement . Mr. Moran pointed out ther is no intention of storing cars in the building for an e xtend d period of time --only whil h y are b ing work d on. ~. Moran stat d he und rstands that an ad quate fir alarm sy t m must b insta lled in the buildin • Mr. Moran tat d that h do s not object to thi , a it would b up rad n tb afcty of th bu~lding, Which 1 n d d • n lth a k d bout v ntil tion nd ' • 0 - -4- Mr. Moran stated that the basement is •mheated, ano there are ventilation blocks on three side of the basement; there is n o "drawing" typ of ventilation. If the City felt this was something that should b~ done, he would do it; Mr. Moran stated that he would cooperat in any way possible with the City on this matt r , Mrs. Pierson point e rl out that Mr. Moran is talking about a minimum of 40 cars per month or a maximum of 100 cars per month; she questioned whether that low volume of busin ss would justify the investment ha would have to bP. made? Mr. loran stated that the charge for polishin.g and cleaning a car i a minimum of 5, and may go as high as $120 o $140. The charg d pend on th amount of time it takes to complete the job . Mr. Moran tatcd that he has been involved with "Ming's" of D~nver, which i a franchise busin ss ; they average a charge of 65 to 85 per car, and they have be n in busin s for over 14 years . Mr. Moran stated ther is no probl m in thi reg ard. Mrs. Pi r on futur if Mr. per day. ta t d that sh could se oran ne d d t~ i c as problems in the hr volume of cars Mr. Moran motors in a kr~ if h~ u ~d ~ny mac h inpry or Pl ctrical op ration? r. Moran st a t d that h us s a r to vacuum th int r1or ot the car , H tated anticipat d no objections from n ighho rs, but would b glad to d1 cus th proposal with the n 1ghbors. Mr. Jones a ked lr. loran if h us d electric buff rs? Mr. Moran stated h did not. lr. Jon a k d if Mr . Moran• bu ines would depend on drop-in customers, or if he would a v rtis ? Mr . stat d that h r c would b adver i in in the rc d n wslett r, and other adv rti m nts of th s na ur • loran point d out that it is not a high-volume bu in that in th winter-im , th r m y b only fiv car w ek . chi fly Moran s-Benz Mr. ss, and don p r lr. Jon r. th w wax 1 w Lor d --in what siz drum ? r . t o t h 1 in quart containpr • r man uv r 20 11 D th .. • • - • • 0 • -5- Mr . Smith stated t ha t the only problem he could see would be that of vehicular traffic; he did not feel the proposed use would b e in violation of the provision in the Ordinance re- g arding repair or maintenance. Mr. Smith noted there are no power tools us d in this operation, and th re is no physical repair done to t he automobile. Mr. Smith stated he didn't feel this block was subject to heavy pedestrian traffic. Mr. Jorgenson noted that the senior recreation cent r and the elderly housing units are to be constructed in the 3300 block of South Lincoln ; he asked if this would create problems for the residents of the units walking to get groceries at Safeway, or for senior citizens walking to or from the senior r c reation center? Discussion ensued. Mr. Jones noted that this are a is in the downtown Central Business District, the City is spending considerabl money to eliminate a simil ar body shop business north of Girard. ,._ He stated that h felt it would be rather unfair to the applicant if the proposal was approved, and b e made the large investment that is proposed, to want to expand the use in the future and not b able to do so, or to have the City tell them they could not continue the operation . Mr. Jones pointed out that th sight distance for the ramp /sidewalk intersection is v ry poor . Mr . Tanguma agreed that there is very limited sight distance, e ven for a small amount of vehicles per day. Mr . Tanguma s ta te d h d id not f eel the proposed use was "conduciv to th ar a ." Mrs. b tw Mr . Jo n ot tun lu tat d that she s ' • • • 0 .. -6- upstairs, and four units downs tairs . Mr. Jones noted that the Fire Department had pointed out there are exposed wood joists that will have to be covered; this would s parate the apartment area and storage area Mr. Moran is considering. Mr. Moran stated that the flooring on the lower floor of the apartments is open --there is no dry wall. Mr. Moran stated that there has been discussion regarding the construction of a fire wall ; if the City Fire Department feels this is necessary, he will do so. Mr. Moran stated that the rest of the ceiling area is of cinder block, with a four inch concrete top. Mr. Don Smith asked if there would be sufficient off-street parking outsid of the building to accommodate those cars that have been polished? Mr . Moran stated that off-street parking outside of the building should never be a problem ; they do not as a rule park finished vehicles outside. Mr. Smith ask d if Mr. Moran was aware that a sprinkler system will be requir d if more than three cars are in the basement at any one time? Mr. Moran indicated he was aware this matter had been discussed. Don Smith moved : Pierson s cond d : The Planning Commission determine under the provisions of §22 .4-10 b (107) of the Compr h nsiv Zoni ng Ordinance, th proposed use of waxing, cleaning, and polishing of automobiles is allowed in the B-1 Zon District. This particular type operation will not include any body work or other form of maintenance on automobiles. Mr • Pi rson stated that this approval does not includ re- r ting, r uphol tering, or anything siailar in natur , but did not that v ry low volume of traffic would b g n rat d by th propo d busin ss, and suggested that this b includ d a r e ason for approval of th operation. b Zon uch a u car wa h i ' d • • -• • -7- Discussion ensued. Mr . Don Smith commented that he was bothered that the motion could be interpreted to allow a car wash operation ; he noted that the proposed business is a custom car cleaning, and is a special service to a special type of vehicle. He stated that he did not feel this use is related in any manner to a car wash; in a car wash operation persons may at times leave the car running, increasing air pollution, and the volume of traffic is very heavy at times . Mrs . Pierson referred to §22.4-10 b (107) and noted that the items listed in this section refer to environmental impact; she emphasized there is a great deal of di fference between a car wash and the type of operation that is proposed . She stated she failed to see how a car wash could be considered. Mr. D Witt stated that he felt the Commission was making an analysis of the particular use at the location proposed, rather than a g ncral study of the particular zone district affected. Mr. DeWitt stated that he would say if the Commission approved this propos d use, it would be allowed in the open as well as in an nclosed building. Mr. DeWitt stated that if the Com- mission wanted to specifically exclude car washing operations, then to do o. Discussion ensu d . Mr . Smith stated tha he felt th washing of a car in Mr. Moran's business is only preparatory to waxing and polishing the car. r. DeWitt stated h fel it is a lit 1 more xtensive ; i i g t ing th car in a c l ean condition preparatory to waxing and polishing, tru ; but th car would hav to b taken out of the basem nt area to b wa h d . Mr. Tanguma tated that h f lt such car washing was a part oJ Mr . Moran' bu in if th w d in uch a way th Commission Mr . Don th Coa- trict. Ur. bu in i h ary • • • 0 • -8- Mrs . Pierson asked if it is possible to ask for a variance for an anticipated use, or if it has to be for an existing use? Mr. DeWitt stated that a variance is for an anticipated use. Mrs. Pierson suggested that possibly the Commission could deny the request, and Mr. Moran could request a variance from the Board of Adjustment . Mrs. Romans pointed out that th e use Mr . Moran has in mind is permitted in the B-2 Zone District, and the 1-1 or 1-2 Zone District . Discussion e nsued . Mr. DeWitt noted that if the Commission chooses to eliminate car washes from consideration in their motion, they should be careful of the type of exclusion, and specify, for instance, a mechanical car wash . Further dis- cussion ensued . Pierson moved: Parker seconded: That action on this request be tabled. AYES : Jones, Parker, Pierson NAYS : Jorgenson, Don Smith, Tanguma ABSENT : illiams, Ed Smith, Wade Th motion failed. Pi e r on mov d : That action on this matter be postponed until the n ext mee ting . Ther wa no second to th motion, and the chairman d clar d th motion dead for lack of a cond. Mr. Tanguma called for th vote on Mr . Smith ' mo ion to approv th r q u st. Mrs. Pi r on tated that s h f ls to act on thi h wanted the r cord to r lect that motion at hi tim i pr matur • Th vot AYES : NAYS : ABSTAI ABSE T : Th m tion fail d. Mr. h D n on, Park r, Don Saith, T n uma ad , Ed Smith ion or th 1r t or pro rty motion tbi att ntion ; B-2 Zon • • 1 • .. IV. SENIOR CITIZENS RECREATION CENTER CASE #18-76 Mr. Ron Rinker, of Barker, Rinker, Seacat Architects, Inc., stated that the task given to him ~as to consider four different sites for the location of the Senior Citizens Recreation Center . Mr . Rinker stated that a lot of time was spent developing a program for the recreation center, and what came out of the program was basically the physical criteria for the Center. Mr. Rinker stated that the proposed recreation center will be a 15,000 sq. ft. building, with a 6,000 sq. ft. outdoor recreation area, and parking space sufficient for 50 cars . The sites considered were South Broadway at East Floyd Avenue, which would be to the west of the 104 apartment units for the elderly ; south of the senior citizen housing on South Lincoln Street and East Girard Avenue; the east side of South Lincoln Street in the 3300 block, and in the 3400 block of South Lincoln Street. Mr. Rinker noted that the site on the east side of the 3300 block of South Lincoln Street has three small homes which would have to be purchased; the site in the 3400 block of South Lincoln Street has a small commercial building in the middle of the block, and was proposed to be developed as a medical complex . At one time, the joint use of this site was investigated, the joint use being between the medical complex and th recreation center. Mr . Rinker stated that eight or nine schemes have been developed, and displayed and discussed each scheme. Mr . Rinker stated that the Senior Citiz ns Advisory Committee has been very active, and it has been d t rmined that a one-story building would be aost satisfactory for the senior citizens. Mr . Park r ask d what thought was given to acquiring all six hous s on the a t side of 3300 block South Lincoln and Girard? Mr . Rink r t t d that ther has b n di cussion on th acquisi- tion of four of th e hou es, and h ving a cul-de-sac on South Lincoln Str et. a 0 ibility of usin part of th for co .. unity rooa apac for n cxplor d, with th possibility tw en th two tructur a. Plan th ba eaen of the bouain coapl x r creation c nt r, and plan which in coapl x ba nt w r display d . a bav ith ' • • • - -.LU- Mr. Parker asked if the building on Broadway in the Broadway- Floyd site consideration, was of sufficiently strong construction that perhaps part of it could be used as it is? Mr . Rinker stated that it was not, and the Plan and cost estimates were based on the removal of the structure , Plan F, the site in the 3400 block of South Lincoln Street, was a joint use plan, with the medical complex being built to front on South Sherman Street, and the Recreation Center fronting on South Lincoln Str~et , This plan would have a parking deck on the top of the r creation center, and there was a complicated leasing procedure. Mr .Rinker stated that the last plan he devised, Plan G, com- bines the best of a couple of plans preferred by the Parks and Recreation Commission and by the Senior Citizens Advisory Com- mitt e . There will b a cul-de-sac on South Lincoln Str et, spac for drop-off and pick-up and access to the parking area. The structur will b on the east sid of South Linc oln Street ; the recreation center will be separate from the s nior citizen housing proj ct, but will b in clos proximity to the elderly units . Mr. Rinker noted that the street will b modified and he felt this would make for a much safer situation for thos senior citizens who would b crossing the treet , Mr . Rinker stated h would like the Commission's reaction to all of tt , proposals. Mr. Don Smith stated that these proposals had been presented to the City Council at their retr a the pr vious week nd ; th Council favor · d Plan G, and the only restriction th y came up with was that construction must stay within the proposed 700,000 budget. r , Smith stated that the Council lik d th maneuv rability of Plan G , the r t ntion of the on -story building, and th elimination of high r pric d plans. Di - u ion follow d. wh n th t • • • 0 - -11- to take care of themselves, they will have to find other housing . Mr . Jones pointed out that elevator mechanisms are very ex- pensive, and might not be justified for a two-story structure. Mr. Rinker stated that a lot of reasoning for a one-story structure does have to do with expense; there will be a very limited staff from Parks and Recreation to oversee this opera- tion, and it is much more feasible for a small staff to operate on one-floor than on two floors. Mr. Rinker pointed out that the building construction is only the first step in the over- all cost to the City; the matter of staffing, materials, furnishings, etc. enters into the total cost. Mr. Rinker pointed out also that senior citizens prefer not to get into elevators . Mrs. Pierson asked what it would cost to put parking under the building? Mr. Rinker stated there would be the cost of ramps, a sprinkler system, an exhaust system, elevators, to be con idered ; be stated that the parking structure considered in the scheae on the north side of the 104 living units was estimated at $80,000 . For a parking structure to be used by elderly citizens, you au t provid wid r parking stalls, and these drivers are aore apt to b come upse t with th aaneuvering required to park a car in a parking tructure . Mr. Park r asked if Plan G proposes taking the tbr hous s that are own d by th Archdioces on the east side of South Lincoln Stre t in the 3300 block? Mr. Rinker stat d th plan would propose taking those three houses, plus one privately owned hoae . Mr. Rinker tated that be has discussed these plan with personnel at St. Loui , and they can s tb ad- vantag of discouraging through traffic on South Lincoln Str t f or th af ty of the childr n usin tb playground . A long a th r i ace , no obj ction was voiced . . 1 "' . .. • • , • 0 ,. - -12- Mrs. Pierson asked if it would be feasible to get options on the two houses fronting on Girard Avenue? Mr. Smith stated that the City did not have the money to exercise the options Discussion ensued. Mr. Tanguma stated that he liked Plan G, but he felt there "were a lot of people left out" in not planning and building a community or recreation center for the entire population . The matter of cost was discussed, and Mr. Smith pointed out that construction costs for the senior citizen recreation center cannot exceed $700,000 . Brief discussion followed. Jones moved: Jorgenson seconded: The Planning Collllllission go on record as approving Plan G for the Senior Citizen Recreation Center . AYES: Tanguma, Jones, Jorgenson, Parker, Pier~n, Don Smith NAYS: None ABSENT: Williams, Wade, Ed Smith The motion carried. V. FINDINGS OF FACT Lot 6, Bell Isle Gardens CASE #14-76 Mr. Tanguma asked if there was any discussion on the Findings of Fact, as prepared by the staff, relative to the zoning of Lot 6, Bell Isle Gardens to 1-1 , Light Industrial? Don Smith moved : Jones seconded: The Planning co .. ission adopt and recoa.end to City Council the Findings of Fact for Case #14-76, the zonin of Lot 6, Bell Isle Gard ns, to 1-1 , Light Industrial. AYES: Tanguma, Jones, Jorgenson, Parker, Pierson, Don Smith NAYS: None ABSENT: Ed Smith, Wad , illia Th motion carri d. VI. DIRECTOR'S CHOICE Mr • Rom n discu d tb Planning Coaai sion tour tak n on M y 8tb ; four Council• n, thr Board of Adju tm nt • mb r•, and t o Pl nnin Colllllli •ion r nt on th tour. Mr. Do mith tat d th additional con id ra 1 ha po •ibly th n xt •tudy hould • • - • • 0 • -13- Mrs. Romans stated that the study session would concentrate on the Coaprehensive Plan, and asked members to bring their copy of the Plan to the meeting. The staff will also have the third draft of the Mobile Home Park Zone District to give aeabers. This will be a new zoning classification , and will be applied on the specific request of the property owners . Mrs . Roaans discussed the procedure gone through in the drafting of the Mobile Hoae Park Zone District. VII. COIIIIISSION' S CHOICE Mrs. Pierson asked what the status was on the search for a Director for the Departaent of Coaaunity Developaent? Mrs. Roaans noted that the position was offered to one person, and in response ·to the question as to the reason given for not taking the position, Mrs. Roaans said that the person had told her he had declined to take the job because be is aaking 1a0re aoney as an Assistant Professor in nine aonths than he could as the Director in twelve lk>ntbs, and that he had another ca.aitaent he aust honor . The meeting adjourned at 9 :25 p .a . ;e:ertru<ie: ~Y < Re~rding Secretary •. ' • • ( • • • t • • -14- IIEIIORANOOM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE : May 18, 1976 SUBJECT : Findings of Fact -Case #14-76 RECOIDIENDATION : Don Sai th JaOved : Jones seconded : The Planning eo .. ission adopt and reco.aend to City Council the Findings of Fact fo x· Case #14-76, the zoning of Lot 6, Bell Isle Gardens, to 1-1, Light Industrial. AYES: Tanguaa, Jones, Jorgenson, Parker, Pierson, Don Saith NAYS: None ABSENT: Ed Saith, Wade, Williaas The aotion carried . By Order of the City Planning and Zoning eo..ission . • . • • , - I • ( Present: • • MINUTES PUBLIC HEARING AND COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS MAY 19 , 1976 Don De Decker, Chrm. Fred Allen Verlin Bruns George Chandler Robert C lem cnt Doris Durdy Ruben Hartmelster Joseph McCloskey Margare Markey L. De n Peterson C harl es Pitts Norman Smith Doug la Sovern LuE ll~t T .rry llllam Thornton Arthur Tice Jerrold Todd Robert Tr n a Alfred Vltt City of Lakewood City of Westminster City of Northglenn C tty of Longmont Jefferson County City of Brighton City of Golden C tty of Thornton Boulder County Cherry Hills Village Arapahoe County C tty of Broomfield C ity of Englewood C'lty of Glendale Town of Bow M r T n of Federal Heig hts City o f Sh rldan City of Boulder Gr enwood V11lag Als o Pr s nt: o ord r a 7: S p. • oll wu • • ( • 0 •• • PUBLIC HEARING AND COUNCIL MINUTES MAY 19 I 1976 Page Two Council heard testimony on the Thornton Plan Amendment to the Regional Plan from James Keller and Duane Tinsley representing the City of Thornton. Mr. Pampu, DR COG Staff, t estified on the staff and committee comments. Mr. Tinsley stated that the City of Thornton was in favor of incorporating the staff comments into the proposed amendment. There being no one from the audience requesting to testify, the Hearing was opened to questions and answers from the Council. A summary of the Publlc Hearing will be distributed to Council prior to the June meeting when flna I action will be requested on amending the Plan. The Public Hearing adjourned at 8 :07p.m. Minutes of April 7. 1976. Summary o f th The Council o n moti on by 1r. All e n, supported by Mr . Trenka, unanimously approved the minutes of the April 7, 1976 meeting as mail ed. 1976. Council accept d the summary of the May 5 I 1976 meeting as mailed. Report of th C halrman D Decker urq d all Council memb rs o attend he Retreat schedul d for M y 20-22 and tho who had not fill d out th 1r qu stlonnaires t o do so and re turn them t o th staff . L€-qislatlv h bill up g tn rly rvicea tn a up • -• t • - II . PUBLIC HEAR ING AND COUN,...IL MINUTES MAY 19, 1976 Page Thre e Adoption of the 1977 Substance Abus e Plan , Mr. Farl ey noted that further in the agenda, CouncU wou ld be briefed o n the status o f th e continuation o f this program at DRCOG. Mr. Da etwiler re porte d that the Plan is in response to the contract that DR COG has with the De partment of Health, State of Colorado. The fonnat of th e Plan follows the r e quire me nts of that Department. The introduction t o the Pla n deals with the philosophy of Region III planning for Substance Abus e S e rvices which is to meet th e n eeds of the greatest number of people affected by Alcohol and Drug Abus e at the least possible cost in tenns of public dollars. He briefed the Council on the proble m identification and resource identification planning aspects; as well as needs and priorities ide ntified r e lating t o im plementation of th e Plan. The Program Comm 1t ke unanimously r ecomm ended Council's ado ption of t he Resolution. Adoption of th he Council on motion by Mr . Todd, supported by Mr. Sovern, unanimously adopt d Resolution No. 11, 1976, A R .solution Submitting The 1977 Substanc Abuse Plan to Th Colorado Division o f Alco hol-Drug Abus e For Incorporation as Th f' Region III Com p on nt of Th State wide Plan For Alcohol-Drug Abus • (A s igne d copy of Ri!soluttonNo. 11,1976 , is attached to and mad a port o f th fll e copy of h s minutes). nt o f the Stpt Crimina I Justice Plan. Annuo lly, Mr. rarlt•y s tat d, the Council updates th Region III Compon nt of th e S t C rimln IJu tic Pl n. RCOG inclusion • - ( • PUBLIC HEARING AND COUNC IL MINUTES MAY 19 I 1976 Page Four • ,_ - The Program Committee unanimously r ecomm e nd ed adoption of the Resolution. The Council on motion by Mr. Allen, supported by Mr. Pitts, unanimous ly adopted Resolution No. 12 , 1976, A Resolution Submitting The Program Funding Portion of Th e 19 77 Criminal Justice Plan to Th e State of Colorado Division of Criminal Justice Planning For Incorporation as The Non-Denver Region III Component of The Statewide Plan For Criminal Justice. {A signed copy of Reso lution No. 12, 1976, Is attached to and made a part of the fil e copy of th ese minutes). Authorization t o f'ile pplication for Special Allocation o f 2, 500 Existing Section 8 Housing Units. Mr. Farley r minded Coun cil that when this issue w as before it last, Council adopted a Resolution urging certain actions on b e half of HUD concerninq th e supply of exis ting hous ing units available to the Denver Metropolitan area. Since t hat time, HUD has offe red bonus housing allocations to metro areas who have fair share h ousi ng allocation plans . Mr. Borger reported that since mid-March s taff ha s been working with HUD to determin whether the DRCOG Adopted Re gional Housi ng Plan me t the qualifications for such a program. The Housinq Advisory Comm ittee has also b e n reviewing this matt r. It now appears that th Denver region, due to th adopt d DRCOG Regional Housing Plan, may b one of approximately 15 ltgible regions in the country. The ftna l HUD r egulations are not yet published, but HUD has establi shed a May 21 d adiJn for appllcatlon s which will be r ecomm nded. Following a brif' pr s ntat1on by staff to the Program Committee on May 5, th Housing Advtf;ory Committee rcvl w d th matter In some detall at their m ling on ay 6 nd r comm nd d adop ton of th RuoluUon by th Counctl • xi1Un uni • • ( • • 0 - PUBLIC HEARING AND COUNCIL MINUTES MAY 19, 1976 Page Five Program Committee discussed th e Resolution at its meeting this date and unanimously r ecomme nded that Council adopt the Resolution, Including the "Proportionality Guide to Fair Share Distribution" which shall be attached to the R solution. The Council on motion by Mr. Severn, supported by Mr. Pitts, unanimously adopted Resolution No. 13, 1976, A Resolution Requesting a Supplemental Allocation of Section 8 Housing Units to Local Governments of The Denver Metr o- politan Ar e a, Including th e "Proportionality Guide to Fair Share Distribution" which shall be att ched to th eRe elution. (A •igned copy of R•solution No. 13, 1976, \ lth accom~ nyJng Table, is attached to and made a part o f the file copy of hese minutes). Mr. farl "y xp luln l that discussions were being held with the HUD R glonal Offic and W s hington Offic to get a clarification concerning wh,"> rna k 'S a llocnt io ns for existing units Jn the Denver Metropolitan Ar ea. Progr m/Jssup Status Reports ort on C'onttnu tlon of thC' AJ.::ohol ram. Mr. r rley re-port , following Council's R solution last month asking f r continuation of the program, th t st ff has entere-d an appea I with the Stat Division of Alcohol and Drug Abus for a reversal of their decision. Staff ha a k d th Gov mer's offlc to tnt rv ne and they hav sent an inquiry to Dr. Dr y us ho expi"Ct" to discuss the Issue at a meeting next friday. Hop fully c I ling a , ntton to the matter, through the Gov rnor'a o ffic e, will lei DR GOG Inn qotJ tlng s Pi'Jrat contr ct for R glon ur to c:mttnu th • pr r m f r nothr y r • ~totu • ( • - I • PUBLIC HEARING AN D CO UNCIL MINUTES MAY 19, 1976 Page Six A report to Counc ll on th e Report find ings is legally the respons ibility of the Committee under th e Intergovernmental Contract, and staff felt it was appropriate that hey mak e some r e commendations before the DRCOG Council addre sse s the issue. A report will be given to the DRCOG Council as soon as th e Com mittee makes some kind of re c omm e ndation. Staff is urging th e Committee members t o go back and d iscuss findings with their local Jurisdictions no w. Discussio n of Status of Des ignation of DRCOG as the MPO. Mr. Farl e y re ferred Council to a l e tte r fr om Mr. Kinstlinger attached to the age nda, and explained that the JRPP Directorate felt considerable progress w<:~s being mad e in t e rms of working out a Memo of Agre ement if DRCOG were d es ignate d th e MPO, until Mr . Kinstlinger 's letter was delivered on behalf of th Gnv rn r rPve a ling a switch in direction which Mr. Kinstlinger attempts to xplaln ln th e l e tte r. Jt Is DRCOG's understanding that that latest position comes off of discussions from the ne wly cre ate d State Planning Coordinating Council composed o f most state d epartme nt heads. DRCOG r e presentatives have re quested and have bee n granted an opportunity to meet with that group to explain the need for designating DR COG as the MPO. Additionally DR COG will dis c us s with th t group wh t It p rc cives t o be the opportunities for inte rfac e between Ianning nd manag e ment districts and th e Governor's office. If th ose discuss ion s arc not succ -ssful, the Program Committee indicated that o th e r a It rn Uv s with r g rd t o this lo ng sta nding issue ought to be considered by th DRCOG Cou ncil. Statu m Program. d • • - ( • •• • PUBLIC HEARING AND COUNCIL MINUTES MAY 19, 1976 Page Seven • There are three new issues that the Urban Systems Committee must address beginning June 2nd, (1) the r equest of the City of Lakewood that the committee change its crite ria to allow for larg e r seale projects, i.e . Kipilng, South of Alameda; (2) due to changes in the Federal Aid Highway System, for the first time the State Highway D e partme nt is an e ligible applicant for these funds; and (3) the d e gree of commitme nt to the 5-year program depending on decision to fund Kipling. It was announced that Mayor Thornton, Bow Mar, had been appointed as Chairman of th e Urban Systems Committee for the coming year. Report on the Planning Commissioners Seminars. Mr. Farley noted that the s e ries of four seminars held for planninc, commissions and b oard me mbers w e r e very success ful . A total of 29 p e rs ons from throughout the D e nver metropolitan r eg ion attended some portion of the seminar s. Comm e nts from those attending indicated they felt th e sessions we re worthwhile and w ou ld be of benefit to others on their boards or commissions. A survey of particlpdnt s revealed a high d c,re e of interest in additional seminars on the planning functions. A lis t w as distribut .d t o Council of those attending and the jurisdictions r e prese nted . Council Policy Re t n.at C hairman D~DPcker r lld th<' nam~>s of those DRCOG Counc il members scheduled to attend th RE-treat and urc,..,d t hos not r ec,i st r d o do so. N ' • • - PUBLIC HEARING AND C OUNCIL MINUTES MAY 19, 1976 Page Eight • • I• • Calendar of Policy 13sues anci Future Meet1.1gs Council was asked to note that the next meeting of the Special Committee on Urban Systems is scheduled for June 2, 1976 at 7:30 p.m. in the DRCOG Conference Room. Adtournment There being no further business the meeting adjourned at 9:20p.m. ATTEST: Ro rt D. Farl e y Ex cutiv D ire ctor ---Don DeDecker Chairman Denve r Re gional Councll of Governments ' • • , -• - ENGLEWOOD PUBLIC LIBRARY BOARD June b , 1971> 2 T h e; 1:1 . ,l •wuod Pulol!c. L ibr ary B o ar .~ lo£1 fr" it~ rc~;u l ar u..,.trr"' 0 11 J ur.e &. 19 76 i n t h < I ibr ar y c •nf r n ee room. P1 ~:o ent: Au .-nt: 1\e !'u t L, Cl ll yto n, DeuP r e e, t l~h LI d l , lluell <.r, <i••"l n t ar c .,, Simon S t ,r l rn 1 , '' ,,re,cn l : ll~r r t< t Lu te , Ill ec t ur o f C <r I p , •n•c k , Sec ret 11 r y r. , n .. r .u he • 1 lnJ, l r a l e s th Board , r u;. rt l.JJ d 1r ;ont . C ~~u & t 4UI ~t:o, fl I I -~r ~el r mu t '' r n1 '' r. • o f llt11 ~ rh• 11 't Lib rarlanship, 1 r lludut.• J l~ tlu u.,r d. ,, ,I t I h~ I h • Co n ' 7 t ·ut>l l llbr ry, ., ti\V II I t .,ran t , ll ..... ll. d . ~I' ,, 1 ufal ln• h ar .. •.•• ! d ! '"• d tl .. ,, • t lU I l r. .. I• 1llU< .. .atrl 7t ~ ' • • • page 2 6-8 -76 • 0 I • - Councilman Clayton moved that funds be allocated from the Board budget to prov i de a membersh i p i n the Colorado Library Ass ociation for Bob Currie, the Chairman o f the Fr i ends. The motion was seconded and unanimously approved. The Li brarian's Report was given to the Board. Hiss Lute pointed out that becau s e of sto ry hours , head start, and class v i sits, 235 children attended special programs in the library during the month of Hay. An average of 36 children and 11 adults used the children's sec tion each Saturday in Hay. Karen Kelley, the Children's Librarian, visited 3 1 elementary s chool classes to talk about the summer reading program, r e aching 10&5 children. Adeline Czarny, the Bookmobile Librarian, alao visited several claaaes to talk about the progrem. Both librarians, and Richard Blackburn, the bookmo bile driver, have been invited t o and have attended vari o us schoo l programs. Th e slide /tape prog ram "70 Years of Eng lew ood " wa s shown at the Mayor's Coffee to observe En g lewood 's 73d annivers ary and aeen by 130 people. The show vaa s pec i f i cally requ e sted. It is currently s c hedul d to be shown at aeveral other occas iona. The l ibrary i s also send i n g a s taff member to two nursing homes eac h mo nth t o review books o r show films . Coplt:~ o f lh s urnm "r cw l tl sclt€od u l t , o:•l . A po::.tf'r on the sunrt r re ;hng pro r .. m, """'<! y Hi s e:ll y , .a sto ry hours on th bo•> bile and .. utnm r rea dln l :n and copiu of the s ..-er pro r am ta lli !> w r pa s aed out. The WIC HE int rn to compile the mul t i -me d ia pr sent ation on En gl ewood hi s tory for th thi r d gr d tud nls ha s b un wo r k . Sh ill a ssembl resourc e material• a bou t En l ew ood, sp ci all y adap t e d fo r c h i l dr n. Hiss Lut told tt .e Boa t d tha t a public h adn on t he c a i ta l i mpro v will be h ld on July 12 . nt budcat A chart sh In t h co pa riaon of the boo b il e ci r c ula t i on at the achool ato pa durin th achoola' btc nl nnl a l r a din pro r ~ va a d ia t rt bu t d. The readin procra wa s h ld fr o• Janu ary 19 to Ha y 28, and ceua ed n In r a s e i n booK.obile circul .. tion a t t of th achool stops . DOt • rd thlt th nta e of It f v bic nt ran to 1 T r ••• t ti journ d at Ill. ct ~tly IU leu rd 0 • • • • • •' GUIDELINES FOR THE ENGLEWOOD PUBLIC LIBRARY Purpose The Englewood Public Library is organized to assemble, preserve, and administer an organized collection of books and other materials. Such a collection aids in the communication of ideas and promotes an enlightened citizenry and enriches their lives. The aim of the Library is to serve the community as a center of reliable information and to provide a place where inquiring ainds may aeet original and often critical ideas that are essential stimulants to life in a society that depends for endurance on the free exchange and coapetition of ideas. And finally, the Library is the logical center for encouraging children, young people and adults to educate theaselves continuously , and for affording thea an opportunity to do so. Author i ty The final authority for the determination of library policies is vested in the Bngl wood City Council , with the advice of the Englewood Library Board. ~ The Librar i an shall b t he adm i n istrato r of the staff and shall p romulgate r ule s in a c co r dance w1th Ci ty regulations as h ad of a Ci t y d par t ae n t. taff ab r s oth r than the Li brarian s ha ll be aploy d n accord nee with th rul•s ot th En gl wood Career Servic e y t • and h 11 hav all rights, priv 1 g s a nd duties o f othe r Ci t y ploy es . Po t on classif cation s shall b d t r a in d b y the car eer a with t dV1c of th Libra rian an d th Board . ot th staff s 11 ncourag d t o nla rge th i r o • 1 d of l1br ry on s by study and prac t i ce an4 by attendance a u i t bl cl s. • • • -2- Duties of the Board It shall be the duty of the Library Board to serve as specified in the Municipal Code. The Board shall act in an advtsory capacity to the staff of th Library; shall maintain a current master plan for the informati on of the City Counc il; shall make long-range plans fo1 hou ing and staffing the Library and shall procure suit- able material s for use therein. Board shall require from the Librarian such reports as ma y b nece sary lo keep informed as to the operatiOns of the Library. Gifts The Board is empowered to administer such gifts as a re a c cep ted b y the City Council. Gifts will b accepted if t h ere i s i mmed i at e l i brary value and local and historical inte r est in th e j udgement of the Board. Mon y gifts for speci 1 purpo e shall be accepted for disposition a~ n arly in accord nee with the donor's purpose as the Library • pol1cy p rmtt • Gtft , bequ st and endowm nts without specially designat d u es May b d ~oted to buildings, equipment or material a th Board determin s. No gift shall be applied to budget d op rating funds of th Libr ry. Gifts of books, pamphl t or oth r m t ri ls which are d voted to sp ci 1 pl ading or pr nt a pa r 1 an or ctari n view-point y b ace pt d for inclusion in th coll ction at th discr tion of th Librari n; but th Library sh 11 not diatribut docua nts or T r1al whtch is in con!ltc wtth th urpo s of th, Li rary. L1br Cl n h 11 n t r l CIU c:t t c:h 1 or to th t I 8 rd ; • 11 b nd u ducattonal nd cul- un ·uon a.nd d1 t 1ta 8 rd; a hall att nd for tlC: • H ah 11 11 '" a c:or n w th • • 0 I • -2- Dutie s of the Board It shall b e the duty of the Library Board to serve as specified in the Muni cipal Code. The Board shall act in an ad vtsory capaci ty to th e s taff of the Library; shall maintain a current master plan for the infonr.at ion of the City Counc il; sha ll make long -ran ge plans fo 1 nous1ng and staffing the Library and shall procure suit- able material s fo r u se ther ei n. Board shall require from the Librarian such r eports as may be oPe ~. sary to k eep informed as to the operations of the L i brary. Q!.!ll The Board is e mpow r ed o a in1s er such gifts as are acc~pt d by the City Council. Gift s will accep t e d if there is immedia ~ library value and local and hi t orical in erest in the judgem nt of the Board. Money gift s for p cial purpo s shall be ac c ~p ~ tor dispo sition as n arly in accorddnce wtth the donor's purpose as the Libra ry's policy p rmtts. Gift, bequ t and endowment without specially d signat d u s s May b devoted to bu ilding quipmen or mater ia l a th Board deter in s o gift shall b appli d o Libr r y. budg ted op rating f und s of t Gift s of books, pamphl or oth r m t ri ls which ar devoted sp ci 1 pl d1n9 or pr n a par 1 an or ctari n vi w-poin T ace p r.d for inclu ion 1n the coll ction at th di cr t ion Librari n ; bu th L1brary shall not d1 tr1bute docua nts or ma ttal wh ich i in cont l1ct w1 h th ducation l nd cul - purpo s o IH Lihr ry. 1 -n>-a r 1.1 r ty tun Uo d d 1L' \ te 11 chn &1 dv or to th B rd, shall a t nd 11 t 11 ce. H eh 11 nd rf 11 d u u n a or nc •. ' • • - • • -3- the Book Selection Policy of the Boa rd and the purchasing require- ments of the City. He shall prepa re an d release publicity to stimu- late growth of the Library. Respon sibility ENGLEWOOD PUBLIC LIBRARY BOOK SELECT r o~ POLICY The e nd responsibility for selection o( all materials, as well as for all library activities , rests with t he Librarian, who operates within the framework of policies determined by the Library Board. Because it is desirable to have maximum participation of the Library's staff in selecting library materials, the Librarian may delegate responsibility for selection to any of his subordinates. Such delegat i on does not relieve the Librarian of final responsi- bility, but rather places the initial selection function at the level where ther is the greatest contact with the public and with the book stock. All st.aff m mb rs are encouraged to, and the general public may, uggest and r commend materials to be considered for purchase. All recomm ndations are to be considered by the Librarian in the light of election policies. of Carrying Out Library Obj Book s 1 ction polici • n cessarily begin with !aailiarity with th c unity, th xisting collections, and the servic • wh ich the Library i xp ct d to perform. The purpose of the process • to obt in ct d boo s and oth r aaterials to turth r th Library's progr o givlnQ 1ntoraation, refer nee, gu d nc nd lp to tho din pursu t , &I well •• to prov d t1on 1 r dtng. Cri Libr ry's policy • to purch 1 , or to accept o tte, th ' • • • -4- best books wh ich meet the needs of our community . Certain general c riter ia are followed in selection: Importance of the s ub ject matter to the c o llection Clear presentation and readability Scarcity of mate r i al on the subject Timeliness o r permanence of the work App earance of title i n speci a l bibli og raphi es or indexes Au thorita tiveness Author's sign ificance a s a writer and hi s reputation Reputat ion and standin g of the publisher Price Ava ilability of material elsewh ere i n the area format Book Selection Aids The L ibrarian and sta££ may wish to read many o£ the books to be added to the collection. This is not poss i ble or practical in every case, and selection aids such as publisher's lists, current lists, special bibliographies £or re£erence books and particular subject matte r and book reviewing journals may be used. Community specialists may be consult d. Adult Bo ok S 1 ct i on adul~ book s lection are literary, duca - tional, infora ~1on nd r cr ational v.alu authority; eL!ective- ness of pr nt tlon; qua 1t1 c ondu c v to critical thought and und rst nd1ng, nd v 1labl funds. Cont •porary and popular authors are included, as 1 as tho bo hav d aonstrated enduring worth. Book S ltct1on for Young Adult R d bl du t titl • ar sel cted that are keyed to the young dult' n nd 1nt r st ' a w 11 a books that will tend to op n up o th young r on. Tlll n sp cifically to:r young adulte a:re naturally incl d d. l.nc th r ad rs v ry id ly 1.n ability and background, • 1 ct d or th will o n c saity v ry in cont t and r d1ng di iculty . All titl a ar , how v r, purch&eed in the hop , • • , - • • -5- that they will lead to continued r e ading in adult fields on as high a level a s pos sible for each i ndividual . The non-fiction books in the young adult collection are chosen to fit either Lhe average or acceleraled student, not the scholar. Anyone wishing a detailed treati se on a subject is referred to the adult area. Bo ok Selec t ion for Children The basic policy of book selection for children is to buy sufficient copies of the best current books and to replace and duplicate old er titles which have proved their value. Books arc provided for slow, average and gifted readers in all stages of development from beginning read r to adolescent. Selection covers al l fields: books for recr eational reading; inspirati onal book s of las t i n g valu ; books of information covering a wide r an ge of know- ledge which will sa t~sfy the child' natural curiosity and widen his inter sts. Textbooks Th Libr ry do not purcha t xtbooks per se. Th Library will purchas textbooks only if th book is of value because of its coverag of a certain subj ct, it nc din the book coll ction and th dem nd by th g ner a l public . Th Libr ry is not r sponsibl for buying volume sol ly be au i i t xtbook of a class off r d in th ommunity. Boo S1n c it i th purpo of ch chool library o prov1d d qu tl Ill t ri to •• t i gn111 nt . it i th policy o( th En 1 wood I bl1c L1 r ry t o u pl • t h cop ot th t ri 1 . T l .ibr ry• bool..s ct d to provid ducat On&l nd in 0CI1 t 100 rv1 l t 0 t whol c un1 y, dult nd ' • • , - ( • • ,_ -6- chiluren. The Library cannot accept th e responsibility of dupli - eating the same book in sufficient quantity to serve a total cla s s. Rather, the Library will try to fill these requests through the u ~e of the resources on hand. Likewise, the Library assumes no re ·;!Jonsi- bility to provide the same information in different forms such as books, periodicals, newspaper cLi ppings and encyclopedias. Controversial Issues The L ibra ry has a responsibility to keep on its shelves ~ representat ive selection of books on all subjects of interes t t o its readers, including books on all sides of controversial q ue stions. A public library has no right to emphasize one subject at the expense of another, nor one side of a subject without regard to any other. Variety and balance of opin i on are sought whenever available. The Library will not apply any label, device or mark to indicate particular philosophies outlined in a book. To do so is to establish a judgment in a reader's mind before he has had the opportunity to examine the book personally. Titl re s lected on the basis of the content of the book without regard to the personal history of the author. As a re ponsibility of l ibrary s rvice, books and other reading matter s lec t d should be cho en for v.alu s of in terest, in!or tion and nl i ghten~ nt of all p opl of th community. In no ca any book b xclud d b cau hould of th r c or nationality, or th politic 1 or r ligiou views of th writer. Th r hould b the full st practicable provision ot aaterial pr nting all points ot view concern ·no th probl • and is uea of our ~ m , int rn tional, n tio 1 nd local; nd books or Oth r r d1ng II tt ot SOU nd 1'actual uthority should not b proscr .,.d or r IIOV d fro libr ry shelv s b cau of partisan or doctr nal di p ro 1. C n or hi ot boo •• UCQ d or practic d by volunt er arb t rs 01' aor h or polit cal op nion, 0 by or niaaUcna wh ch WOUld • •. • • I ( • -7- establish a coercive concept of Americanism, must be challenged b y our Library in maintenance of its responsibility to provide puulic information and enlightenment through the printed word. The Englewood Public Library will enlist the cooperation of allied groups in the f 1elds of science, jou rn<>l • s•·. education and book selling in resist on ·_, all abridgment of tt .. · free access to ideas and full freedom of expre ssion that are the t rac:i tion and heritage of Americans. Fie tion Fiction will be considered for purchase ac cording to the same gene- ral criteria as other library materials . Best-sellers are considered on individual merit. Recogni zing that th r ality of life is frequently the subject of lit rary presentation, the Library will select items which honestly present th se observations of lif , provid d that th pr sP ntation is done in good last . Pornography will not be purchased or acc~pted as gifts by th library. S x Education It is th policy of th Library to ke p books on s x education on op n sh lv s. Sv ry effort is mad to obtain only tho e materials which r authoritativ , b 1 nc d and up-to-d te. R ligion In th f1 ld of r ligion, th Libr ry's a 1 tion must b b d nd wlthout p rti an hlp or pro~ g n Th sel ction of t ri 1 in th1~ ~ ld ~u t b d1r ct d tow rd th cho c ot th t • r rd ut rlty, tia 11n • and good lit r- ry u lity. An iaparti 1 r eognit1an ot all r llg ons is th ol ction go 1. l t in th ot boo a n tho ,_ 0 • • - . , • • t• • •.. -8- borderline areas of science in which subject matter or treatment is not re..:ognized by reputable scientific authority. The following ro.!quirements are helpful in dealing with questionable borderline materials in the fields of science and health: author, publisher, source, content and purpose, style and format. Medical and Law Books The Library does not purchase technical medical or law books. General medical books written in a non-t~chnical manner for the guidance of the general public, and general books on law written for th 1 yman may be purcha d . Books dealing with problems of general h lth must be select d with particular care given to the authenticity of th author and th reliablility of the publisher . •. .. • • , -• • --- ... DISPIA YS Display areas in the library consist of a loclted glass case in the foyer and space for hanging materials along the entrance aisle inside the library. There Is also space available for hanging materials along the wall which is in the children's section. 2. 3. First choi ce for displ:ly space will be given to Englewood schools and school students, then to groups from Englewood, and third to Englewood individuals. Schools, r;ro ups and individuals from Arapahoe County and the surrounding mctropolit.'\n area will be consi:lered next in priority. In all cases, consider- :lllOn will be given to those schools, groups, and individuals who have not exhibited previously in the Englewood Library. Works should have artistic qualities and be of such artistic merit that they will be of general interest. Displays must be booked in advance. 4. Displ:lyf: are loooked for specific dates ranging in duration from two to four ·-we eks. ' 5. A pr view of the display or a sample of the works to be displayed should be &hown to the person in charge of scheduling who has the authority to select xhib1tor 6. Exh1bitor are responsible for hanging and arranging their displays and also for d1smantlmg. 7. Th J ihr ry will not b h ld responsible for any loss or damage during the xiubi t. S. n.~plays I'Olcly comm rc1 1 in cant nt r not allowed. Any sales trans- ctlon n ust be ondu~t tw n xhibltor nd purchaser. 9. !nformntion rc~ardin~ &hould ht• pl. •d on th c1reul t1on d k. tltl , m di , nam of exhibitor, etc. to th d1 play hould be left at th 10. Thl' fr c1 t•ncy with which ~011p • nd individu Is will bo permitted to plo.c an ex uhit in thr libr ry w11l d pend on th um nd p ce avallabl . No Individual will be g1v •n du.pl y p c mor than once y r. .. • • .. .. .. • • • • 0 t• • POLICY ON USE OF LIBRARY CONFERENCE ROOM The Library Conference Room will be available for the use of educational, library oriented groups at times when it is not being used for library purposes, The Library Director shall make scheduling arrangements and determine whether or not the purpose of the group meets qualifications for use of the room, The fol- lowing rules shall apply: l, Groups may not contain more than thirty-five persons, If there is to be need for more than 25 chairs, the librarian must be notified in advance. 2, No rental will be charged; the room may not be used when admi •sion is charged, 3, Light refreshments and coffee may be served, A coffee maker is available, but cups, spoons, etc, must be fur- nished by the user, Prior arrangements must be made if refreshments are to be served, 4, Groups using the room and its facilities will be responsible for its physical condition and reasonable neatness, and repair of damages, if incurred. A deposit may be required. 5. Any person or persons using the Conference Room shall agree that they will not look to the city for injuriea that may result while on the premises . 6, Croup using the room shall be responsible for the proper conduct of those att ndin the function. 7, Evening m etin s must close by 10:00 p.m. will open th librar• doors at this ti through th s door only . A cuatodian Edt -..st be 8, Children or teen ge grou ps must have an adult suparviaor present at all times. If the roup contains mora than 15, two supervi ors shall be pr sent, 9, Smokin will b p naitt d, How v r, due care and caution ust b t ken as to l r pr vantion and care of the pr .. iaea, 10. o alcohol will b p naitt d on th pr isea, 3/14/72 ; . • • - - • • • C• - The l.uid lhcs for the Englewood Public library were r •viewed and approved unani mo usly at lh regular m<'eting of the Board on June , l <J7b with ~ ight membe r pre~ent • •, • • -• ,. - ENGLEWOOD PARKS AND RECREATION COMMISSION Minutes of June 10, 1976 The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order at 7:30p.m. by Ruth Allen, chairman, in the Parks & Recreation Department. Members present: Allen, Mann, Hewitt, Cushing, Brown and Romans, ex officio Members absent: Poole and Howard Also present: Jerry Roytrer, Asst. Director, Parks & Recreation Gary Havener, Asst. Director, Parks & Recreation The minutes of the April 8, 1976 and May 13, 1976 meetings were received and approved. The financial reports for March and April were received. Mr. Cu hing r ported that the fund drive for th nior Citizen Recreation Center has passed th $130, 000 mark and the final report will be made the end of June. Mr. Cushing al o said that the Foundation may continu to accept further donations to h lp with th furni hin , program , tc. fort Center. T plan approv d by City Council for the nior Recreation Cent r, which i c mbination f pl n 81 and 01, wa pr n~ d. it Council ha appropri [, d fund for th archit ct f to tart the final specification aod it hould go to bid n m r nd con tru tl n h uld t rt t fr t m, , tr th prtn l r ml • • • - 0 , . • '· Parks Re reation ommission Minute s of june 10, 1976 Page -2- beinJ:., completed and development will start as soon as possible. l:.ve ryor.e has been relocated from the River Redevelopment Project area and groun,l work ha s begun on the golf course. Mr. Romans reported that some drainage p ·ohlerns have en e n ountered but everything i s on schedule at this time. Mr. I !a venc-r r po t ed that many changes have be n made in the P tting Zoo Lh1 -prin•. ' Clrtain theme will trv to he maintained throughout the Zoo and pictures of thl dnimals, togcch~r w1th a sketch about each one, will be posted. lt is projected tll.lt 20, 0 ople will visit the Zoo this sum mer which is considerably more than in vears pa t. fherc will a drawing heiJ 'nch unday with gold fi h, complete with bowl, H anim.lL ani hsh wtll 'boardeJ' out during the off sea on ( pt m r t 1 1 • Zoo ·iII tx lo 't: I durin~ th s months which will result in a con- t.. t . , 1ann reminded th C'.ommi~swn that he had requested a regular Commis- i ntet·~ :-.tt;d c itizcn'3 c uld att nJ. The Com- flU 11J so ·ch dulcd In th n r fucur . 11 program. Mr. - Parks & Recreation Commission ·Minutes of June 10, 1976 Page -3- • ,. - Mrs. Allen said s he i s very disappointe d that the city does not have the funds to s upply flow e r s for the flow e r beds this summer. She said she will attempt through the news media to inte r est groups in furni s hing, planting and maintaining the flower bed s this summer. Th e problem of private citizens using city tennis courts for private lessons was discussed. Mr. Romans said he ha s ask d the City Manager to request an Ordinance be initiated prohibit ing use of Park s ~Recr ea tion facilities for private gain . (Mr. us hing left the meeting at 9:10p.m.) Mr. Romans s aid the Capital Improvement Plan for Parks & Recreation has to be submitted to th Planning Commission and asked if the Commission wanted any change made in th e Ma , 1975 priority li t previously submitted. The Commission felt thi s list i ti factor with empha i put on the bathhous at inclalr Pool which would complet th r reation compl x (tennis courts, pool , handball courts) and then the hool could pr d with th land caping, etc. It was also sugg sted that the s tatus of th land w t and n inve tlgated again. Th m tin ljourn d t 9 :4 p.m. , •. '. .. • • , -• • CITY OF ENGLF~OOD , COLORADO BOARD OF ADJUSTMENT AND APPEALS JUNE 9, 1J76 The r gular m 1ng of th Bo r of A 1u to order at 8:00 P. M. by Chairman S ym ur. Mcmh rs pres W tt rstrom, nevi r, L on Kram r, Se:ymou r Memb rs Ahs nt: Non . Krc A n , Oltv r, Also prest>n Ass1stan C1ty Attorn y Cl r , A is nt Dl ctor Community D•v lopm nt Bro at r.tty. Tom Ell t n or --------------- C . nd s ,_ l ' • • -• • A plan for the bathroom addition ~s attached h ere o as Exhibit "B". The work thereon is anticipated to be conducted by Woodcraf Industrl(S, a partnership. The bathroom complex is estimated to cost not 1 ss th n $10,000.00, and will be a substantial improvem nt to Appl cant ' he Applicants hav iscussed the encroachm nt iwth tn lr n h their n ~ghbors applic nts w1ll subm1t written r qu s t ed encroachmEnt . It lS th ' • • - • • • is necessary in many cases to request variances. WlHm the appl~can ts made the request for the variance and are still unc~rta1n as to the exact sideyard boundary on th e east side of the property. We have requested th 2~ ft . variance and the pplicants will k ep to the minimum and think they can get by w~th 1~ ft. I was no thu purpos of the varianc to g t as much as we poss~bl y could l>ut to mlrely make ourc on th~s thing. We have a plot plan an propo 1 c tl v lopmen t, h bathroom addition. The t.h 1 d molislled, 1 was off the bedroom, Th rema1nJer of th 1r hom is b aut1ful dnd he b aut1t1cation of the hom by ext nding ad 1tion to 1t. Thl addition will cost arou nc g r d th neighborhood. Th appl1cants ha~ Mr. and Mrs. Rous , who ar on th cast side 1s a l£tt r ot cons n 1n tll 11 by Mr. an nc1 hl,ors. s ymour: W1ll th y llsh th , as he. n Eitul: y . 1 wll l rm1n OlJ.V l': for. B pphc nt J h v to 0 ld Brok t y p1n h v 0 b 1n pl c it 1: T s h n on n th ? .t h • • • 0 - --= You know Gary, you talked about 8 inch s and now vou arc com1ng up with a 1~ ft. or 2~ ft. Wr1ght: As you know, Mr. Eitel included h 2~ t • Rous : This is 'JOlng to put your roof l1ne out th lt Wll] cut my skylln off complc ely. c.. far h t Kr m r ov 1, 11 r s CC..I\ d, Th1s ca. t 1 1 d u n the otl11r c•a s on rh Ay~s: , R VlCr, L on rd, r, r 1l1n , K y At nt: Cl J 1n Rl' UEST: A \'c r1 n • to pt tmlt , n ,_ ' • • • • 0 • the east side of Acoma Street. The applicants have ~ad the pro l~st d for sale for a substantial p riod of t~m ., hut d to tl limit d frontage on this property, have b en unabl to s 11 ,_ w~se ~mprove the sam . Due to the charact r of the Str t for res~d ntial purpos s, and th conduct of locat d in h~s block, it is aLs lutely conom~ca applicants to acqu1r addit~on 1 land o r mov LXl and cons r ct new oc~l~ties in compl~anc w~th th t ateqory. 1'hc appl1c nts currcn ly have h opt1on contract for utilizat1on o prop rty nd m ~ntcnanc of automobil s and light duty .tu o body work and storage of au to body p, r ts. ~s propos d ior ut1l~za 10n for m'chanical work ,nd xclud1ng • • - ' • 0 • improveme nts and construction of new improvemen s cncompa. sinq s~v ral parcels or assemblages of land. Thus, with respect to th prop~.;rty of s ances indeed do exist upon the prop ation of expansion for util~zation of or a larg commerc~al complex, Mar traffic pa t rn on Acoma Str et, h in sorn wh would not Justify a heavy intensity cornm rc dl ture busin ss which is contemplated und Cdtcgory . Th proposed us of ~h pro can b cons~d r~d somewhat of a holding usa 1n productivity from the property and tdx revenu such t1m as greater chang ~n the charact r of t. 1k s place. Th commercial char act r of th n ~·Jhbc r thus far, ss nt~ally only to the c s side of Acorn xc pt~on ot comm rcial usage at the int_rs ct~on of A·oma Slr.:L Tl. purpos -s of h d~strict, 1n s r ct. •. ' • • • • It is Mr. Guildforcl's d s~re to <.:H.vt on this properLy an automobile repa~r facility. In th B-1 Zon.!.ng District, an automolnl L pair fac~lity is perm~tt d when accessor to an auto sales f ~ility. M~. ~u~lford has pr oposed a buildinq wh H h I am marl<1ng as n ( 1-.lb~t. What we are ask~ng for tonight is a us tha this zon disrict as an ace ssory usc. The trontag and his w t side f Acoma Stre l hough h~ d v lopmtn forth most par us s of two-fum~ly dwf.! ll~n' s. Tl1 brlck h s 1n th d, dupJ xts. 7 ' • • -• ,_ - chan g their oil there, beer cans, trash, old tires, and etc. We like to k p it clean as the rest of the neighborhood kc p their property up pret..ty n~cc . Our orig~nal int nt~on was to put an offic hu~ld~ng on ~t hut an office bu~lding of that siz with no parking isn't t astbl . \e Just c uld n't get anyone ~n er st d in it. -f r a l." t.dll hu 1ness her ~s not T tlit.: South ot us ar. ur rtck upl•.x Yclluw Pron tore "'1"•1 to th north cro pdrts e l r. Tha th r a son ... lS ... repair . I talk d to the n ~ghbors and most of t..hem arc to si~n l tt rs , or tap r cord r or to show u lie st t1s h 1s d s t t ag nt and h 1 own KteilinJ: What would b your thought o but dtn~ a W ll from the <.:comontc prop rty 1 not for t 1 nd values in th 1c testucntial lot like ,000 -$8 ,000. You h uld s Jd kt th..:m •. ' • • - I · • 0 • Under questioning or the Board thP applicant s ·at< d he docs no own a auto r•pair acility and th build1ng will h lca·ed and he will control th Wlth h~ lease. B<vi•r: Is th(r c,n remain 1n h any h1ng 1n thf ordl.ndnc D-1 zone. Broka Th r 1s not Th 6,000 sq. ft. bu1ld1n r th noard pp 1 ca ti or h r in ns o ho\\ 1 nq h t Gull ord: The ,000 . ft. in th< app 1.c t1o 1ll .128 sq. ft . 18 th r•pr<:' nt n l 1t1 n t h r s1.deuc l • • -• t• - Robert Watson 3252 South Bannock: I live n xt door south to Mik ~. We do ha•rc Lroubl with the people. JUst to the north of that prop~rt-y who run -Pl ctl.·ical business out of thc1r 3aragc 1n Lh back. They pdrk th 1r the alley anJ th trash p oplc can't g•t 1n tlwrc Som >t1mes w hav had to w 1 2 or 1 Wt: k th1 p::::.l1cc ar t Jcke tl.ng them now l.t ls b .. • - I . • • 0 • Atty. Clark: The City is respect hllly moving tha the motion for the variance be deni ed . I believe tl s v •ral of the people who have spoken here have uttered our fe lings with resp ct to the variance b ing d nied . We also feel that th~s is a B-1 zone and in slabl~slung th~s zoning ~t has approx~mately 106 us s that th~s lot coul~ ~ p to. -1 - nd 0 • - • • • - I don't know wh ther th se peopl t alize this property 1s zoned business , it is not zoned r sid nt1al. Bevier: I will read the 6 condi 10ns for yrant:rn a v rtanc . Kramer: In Cusc No. 25-76, I move that e r qu variance trom S ction 22.·>-lOb{B) o1 th, Zon1nq Q:r.;hu nc auto r pair shop 1~ an ace ssory us, to an u o salLs us zon b lJrantE'd . requires in a B-1 Krcl.llny: I st:cond the mot1on. Wettcrstrom: 'o . I do not f cl that lt ~ ts cc1ditions 1, 2 , 4 or 6 . B Vll'r: L onard: No. tor he r No, Docs not Docs not l1av C< n' l c nt1ol on the bas resl. cnl a protc ts h r ar not in favor of 1 Ollv y ·u~1l1n Kr 1 r: lHJ, ln t.h Suyrr.~.:ur: r;o, s of th Bo th v r.1 nc nd on m ro r 11. v r nc r v t 11 t1m and the they t 1 1t 1n n no hard- 1,2 and 5. .. Y s", 1 0 h c rd. n ' • • -• • to wild animals, ther are 6 to 9 rabbi t-s that run wild on my property an(l also a couple of guienea h(ns that. l~vc in the tree!;; that could fly over a low r fence. The wilo l1f is unu sirable to the neighbor and cveryon agreed that he net would b the best solut~on to th problem . Th ma1 n reason for th f to climinat.t..: a n ~ghlJOrhood problem . It is probably a visu al h~n so the animc ls and birds can't .. sen or h<atd by th n 1gh or . B. Duckett: 0 J s 0 t c fenc ~f h pro oscd g t lS n t kept closc..d, ciS cars 0 ~n Up th ro could not s h~. ran 1 ch~ldren <.lnd also for h~m 0 ll.!rn around 1n hlS ya1d they hav tu back out n to th tOi1d. Als ~4'" th g t. lS no ke t closci t.h r l:.bjts Wlll om ov r on h~., prop...,rty and d ff l the purpos c,f ht f nc1 H do s no ObJ ct to the fcnc 1f the g· t 15 k p clos r. w 11 1 - ... • Kramer: B vier: Ay S: Nays: Abs n REQUI.:ST : A Vdl ar,qe and hous STAr'P REPORT: 11. • 0 , . • I mov that th requested vari anc e of a 6 ft . solid fence from T1tle e, Chapter 2. S ction 3(b)l of the 1969 Minicipal Code which limits the height of a fence erected in th front of the front building line to a height of 3 ft. 6 1n. be grant d. I second th motjon. W tt rstrom, Bevi r, L onard, Ol1v r. Kram r, Seymour Kr llinq, Th1s Boarci ha!'l no r1ght 1n a p rsonal appease111 e nt. on -------------- 4100 South Lincoln Case No. 26-76 nc to p rmi th r sult1nq in a r rd ppllC' -1 - r ct1on of room conn ct1ng th r ha k of 8 t. Section 22 .4-Sn c r yard o 25 ft . rag o part of th ord1n anc woul n, Plo pl n nd 1 n us m p. n v r nc r •. • - Mr. an • , . • Nays: WLttcrstrorn, No don't bel~eve i t meets any of the s~x c nrlit~ons. Bevl.er: No, I don't h-l~cv it meets a n y of the condii:ions. Lconar : No, I don't h~liev. it meets any of the six Condit1ons . Oliver: No. Kr Jl1ng: No, th1 ru is no hardship h n pres nt d . Kram r: No, I don't b lieve it me ts all of th Co ncb. tJ on . S ymour: Appllc •• n t 1 t c ragl! --------------- outh Gr a nt Case No . 27-76 st1ng a va ria n c f r om S ction 22.4-4e in n R-1-c zon t n lo ' vur y t o 33 .2B%. plan nd land us ma p. Has b n ---------- d prop rty n d too small Th n ~g hbor s ult- or o n rd t is ' • • -• • Mr . a n d Mr s. George E. McDonald Case No. 28-56 4710 S011th Penn sylvan i a REQUEST : A varianc ·o perm.1t a patio roof 13 ft . by 3 3 f t . resulting .1n an ovcr lot coveruge of 85 sq . ft . .1n a n R-1-B zone. STAFF REPO RT: Appl.1can of th Zon1ng Ord.1nanc zon . is roqucs ing a v ar.1anc e f rom S ct.1on 22 .4-3e \"hich limits lot coverage to 3~ .1n an R-1-B PL· pas ,l con truct:lon would r sult in lot c v rag of 3 1 -2')? . "' nl to ether '-'Y 'l'h slab uld q .ls Bo rd ppl1ca l.On, plot pl n a n d l and u s e map. p a io ann w would lik ar arou n d . We c o u ld cov r it • of i t would b o p n and w c t h down th 1 h L n room window . th e c over which v r n ou h .1gn u 1 of no 2 2.4-3 85 , Lon 1 v r . Kr i ling , Kr ------------- r, ' • • , -• - Attach d is Board application, City water record, rental tax record, floor plan of basement unit, housing code inspection and land use map. This area was ann xed to th City in 1957 . Th prop rty has b n posted and advertised fo r hearing ton i te . La 1·y G. Bosh ll 10170 Nortn 1J1llary Parker, c lo. 1 prop r y, wh Plac H or , who P< prop4rty t o Mr • J a r a tor, standing in plac of the seller of the ltl Ilcrm1ston,Or . Th prop rty was owned by Miller way allout 2 month ago. Before he died h deeded the hnson, who was his step-daught r. The property is present tim , contrng nt upon th legalization long in practice on that par t icular property . r m 1957 up until th tax was discontinued 7 w that th property ven yet is charged S1 "'' ar not askin g fo r that 1.. already been stablished. my ol~l1gation to as ller to hrqh st value of that property 1ng 1t up to tand rds and has alr ady l::Ls to the own r and sh has agre d to r1ng 1t up to cod • pr ,_ w1n ow n tr nd it was d cid d rt 1 rg win ow w 11. 1n • • -• 0 - We , t he und rsigned , n e i g h b or s tc th_ subJect property , request that s a ~d application for regi s rat~on a n d allowing said property to be legally used as a two-family dwelling b denied. The principal reasons tor th~s request to 1 ny ar l. The prof~t mot~vc for sue r qu st is n o t a valid one, considering that the n ~ghoorhood is made up of s~ngl f a mily home s which are L ing used "' such. Any us of said p r o p u r ty that is not consistent with cx~st.:1n zon1ng regulations would t n d to n g atively affect the value of surroundln!J prop rt1 s. 2. Th h n u val1d r th th t.: interm1tt ntly ov r th ye ars , said propert ~ has twu-iamily dw l l ing il l g ally , d o s not constitut tu legaliz such US' n ow . ct ptoperty is not , turally to accommod nor is i t likely that it could be te two f amilies especially considering nd n tur l v nt~lation availabl to ut of l11h ln th I would be in violation of wo d 1n this regard. th1nk I h a ve any more to say than to you gentlemen. He has liv d in Th r w r 1 2 p ople pr s nt to r was th spok ma n for th group . Schn ~d r: Thtre o~l r~nt r c pts fo r parts of 1974 and 1 75. -1 - varianc r qu st1ng fam i ly dw lling ~n no m t or s po c ond.1.t1. n n a , o 1ng ar, in uae u •. ' • • - • • <( • • Leonard: Do you need any reference as to why your are doi ng this. Seymour: In answer to the Court Order Civil Action No. 35468 . Seymour: Now we are ready to discuss who we are going to get. Kramer: Eason do s the work. Simon , Eason, Hoyt and Malone. Eason does this typ n hing; Hoyt does another; Simon another and etc . Kram r: What will w hav to do, notify the Judge . Atty . Clark: Y s , you will probably notify him and notify our office. Kr t.:r: B v1~.:r s You could could r tain an attorney at City expense and hav him mak he appcaranc that he has been retained him a copy of th reso ~ion. He is entering run u a matter of record. t l t ~o;c rccofTUT, n d D~ck Ea on of the Law F~rm of Sill'on H yt nd Malon to r pr s nt th Board. Schn 1 r: Should th~s r solution b mad to the Council? B v1 r : I ~ ould t:h y oht ~n D-icit E (solut1on to th council recomm nd~ng the Board. L n.rd: You urn1 l c p1 lu 11 th of th ~s order to go with th r solution. no 1fy us h las b n r tained and w w1ll A. w1th th 1 wy r t th 23, 1976 . t t h1 conv n1 nc r, Kr 1l1n , s ymour nd to th nd h Ci n y p }' . ) ' • • - ( • 0 - City of Englewood O FFICE OF THE CITY A TT OR NEY • Bernard V Berardtni, C i t y Att orney L eo M . Clark , A ssistan t Ct ty A t t orney Ate DeWttt, Asststan t Ctty A ttorney .Jun .. a, 1976 Mr. Oona1d D. Seymour , Chai r ma n H ~rd of Adjustm nt and Appc 1 s r1 y of Englewood J.nglcwo d, C lora o 80110 R : A~ r's of D nver D ~r Mr. S ymour: Pllaa fln •nclosrd th which is D lf-Lxpl n tory. A copy Do u d rn. rnb 'r . 34 00 S Eliill Street Eng lewood, Color•do 8011 0 Phonet303)761 11 40 th D1str 1c t Court, n enc1os d for each Th1s is o auvis one ag in, th t the Board ma y hav ind p nden 1 y.1 cou n s 1 at ny i m , a the x p nse of th' ~l y. form 1 Re elution b adop d do s , or does n ot , des i re inde p n- tirn , 1n ckn o wl c d g m nt tha h e Bo ard copy of n Ord r nd Ci tion o Show () (4 ), a copy o he v r1fi d Comp lalnt nd a copy o a n Ord r of the Ar paho rd y20 ,1 9 7. I h n• s t t you 1 ol u 10n, or in h Dis rt ct Cour l V , pp r 1 n •. ' • • , - • • ( Mr. Donald D. S"ynuur , Chairman Board of AJjuG mrn and Appeals June 8, 1976 Pag Two • t• - r ron o tnf rm the Court of th' Board 's r sol J 10n. Very ruly yours, 'fc, I ,/J r: ~I(. RICK DeWITT ~~-•. y .. ;.7;;...·· ... ... ... 69 :? .] • .. ... ~---::· . A. sislan City Attorney RD li 1 Ln l< ('" : y, il rd of AJjustment nd • • -\ ~. . / ,. I ·\ t \\ ·il 11 1\ ~ ;\ ij i :I I: . I I 1 "i I • • 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • IN THE DIST.KICT COUR'f IN AND FOR nlE COU~lY OF ARAPAHOE STATE OF COLORADO Civil Action No. 35468 \:ILLIAM BROKATE, et al, Plaintiffs, vs. ) ) ) ) l AZAR'S OF DENVER, et al, ) ) Defendants. ) REPORTER'S TRANSCRIPT BE IT REMEMBERED that on Thursday, May 20, 1976, the eame being one of the regular juridical days of the Kay, 1976, Tent of the Dietrl.ct Court of the Etghteeatb Judicial District of the State of Colorado, the above- entitled cauee came on for hearin& before the HONORABLE RICHARD D. GREENE, District Judge, presiding in Courtrooa 4 of the Dietrict Court in and for the County of Arapahoe, State cf Colorado. For the Plaintiffs: For the De f ndants: !"'.. RlCit DJ:.lJITT 3~~0 South Elatl Street i ··~ l"wood. Colorado l 1-<. JOHlt A. CRI5Wn.L 3 i'LJ South Broadway l ~~lewoo d 0 Colorado aUltANNK M , C:L.AAR 0 11\1 II, (0LC.IIO A.00 . " ,.. ' . . . .. , . . ....... . t '• i I .~ I ' • , ~ . :· ~ ~· ' . . ' 1 l ~ I· l ! ' l I I i ' l '\ ! ' :j I i \ i I I I j 1 1 l • • 1 (Whereupon, the following proceedin~s were had 2 and entered of record: 3 ********** 4 THE COURT: I am of the opinion, ec"tl~m~n, Mr. 5 City Attorney, I feel that, for this very are~m~nt, 6 I feel the City, I think the City Board of .t·djustmen.t, 7 should be represented by an attorney and ~rcs~nt the 8 argument.; 9 And the City's position may prevail if the 10 attorney then so appointed agreea that they should, and 11 I think by all stretch of ~e imagination, I think that 12 they are entitled to at leaat the minLmal due procesa, 13 and that'• to be ~•presented by an attorn~y any ti .. they 14 are aued and .. de a party to tb~ action. 15 And I think they are entitled to be present at 16 this hearing and hear thia l4otlon to Dia111iU for failure 17 to join an indiapenaable party. 18 Well, I thlnk they are entitled to be repreaented 19 to hear thla. I think they shPuld be here. I think they 20 should have eome legal counael adviae them aa to what 21 to do, and I think thia ahould be paid for by the City. 22 And I am going to direct that they be np~ointed. 23 I tt.ink the Chairman o f the Board of Adjuat .. nt ahould 24 L -a llowed to aelect 6 n attorney and it should ba et the 25 c ~ty 'a expenae. 26 27 K..ff.. DI:."'«I1T: a cotton wa1 mad 28 t hll tlae. • l .. .. . . . .. .. \, . Your Honor, it'• my underatandin :.bat I t at they did not ent rt in coun l at -2- IU1AHN IJol . CI..AA .. C IIITo•l 0 I"OIU .. AOI It ~OII~C:It 0 NV It CO AOO ' • ~. tfl '.· ~ • , - 1 How they have not sought independent legal ... . . 2 3 4 advice. If that is their position, after 'IHE CuURT: to independent legal counsel, then I will reconsider lt, · ·· . . 5 but I Jon't congi.der that independent lebal advice. .. 6 HR. ;)~\.J ITT: Thank y_ou, Your Honor. I '· 7 8 ' . THE <.:OURT: Now I'll put over the Hotion to Dl.aataa for failure to join an indlapenaable party when I'• assured they do not desire an attorney, or, l.f they do, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 they should be informed of the court'• order tbat the Cbatrman of the Board of ,\djuatment may &elect an I . attorney of hl.a choice to represent them, and that it should be at the City'• expense. Then I'll proceed to bear the rest You may aet it on notice aa aoon aa poaaible. Tbe )> ~ : ... ~~ ' •' t~~~ . -\. P, will adjuat itself, counael. Mil. nanTT: Kay 1 make one point clear bere, Your Hon~rt 1t'o .y un~eroton~lnl tbot .. are to o~vloo tho Chairman of the Board of Adjua~nt Appeal• that he baa the right to seek independent counael, but if they elect ~ · oot to oeek lnCcpen~ent coonoel, tblo Court vlll occor~to&lJ aak tbat the -- TKt couRT: They better certify it to thia court, or elae h ought to pp~ar to thia Court and so indicate to the court. t'l&l. DE\. 'ITT : Thank you, Your Honor. 1 1 cou aT : f .o that part of th motion will be granted, and th · oth r pa~t taken under adviaem nt ~ . -3- IUI.Aiollol ... C:I..A A" C: a11~1 D S"OOI'""" • "001' • 0 "V .,CO AOO -. -, ~ ·\ ' \ i I l ' . \ ' i I ' 1\ ! ·I \ \ • REPORTER'S CERTIFICATE 1 2 3 The above and foregoing ts a true and complete 4 5 transcription o~·my stenotype notes taken tn my capacity aa Offici~l Reporter of Division 4, District Court, Arapahoe ,_ County, Colorado, at the times and placea above set forth. & \ 7 8 9 10 11 12 13 14 15 1& 17 18 19 20 21 22 23 24 25 26 27 28 Dated at Littleton, Colorado, May 21, 1976. ~I .. ' ••• f ..... .. ·~ ' • • , - - • ,, • • • J B MEMORANDUM TO 11~E ENGLEWOO D CITY COUNC IL REGARD! G ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: June 8, 1976 SUBJECT: ACTION: Don Smith moved: Pi rson s cond d: I-470 Fre e way The Planning Commission go on record in favor of construction of the I -470 Fr way . AYES: Jorgenson, Parker, Pierson, Don Smith, Ed Smith, Tanguma NAYS: None ABSTAIN: Williams ABSENT: Jones, Wade The motion carrie d. By Order of the City Planning and Zoning Commission . Gertrude G. Welty ~ Recording Secretary ,_ ' • • , -• 0 • ~---;;;;;:=-- • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: June 8, 1976 SUBJECT: P roposed Routing for the I -47 0 Freeway RECOMME DATION: Don Smith moved: Ed Smith seconded: The Planning Commission recommend the "Airport Diagonal" proposal as the routing for the I-470 Freeway. AYES: Jorgenson, Parker, Don Smith, Ed Smith, Tanguma NAYS: None ABSTAIN: Williams, Pierson ABSENT: Jones, Wade The motion carried. By Order of the City Planning and Zoning Commission . Gertrude G. Welty~ /1 Recording Secretary · ' ' ' •. • , • - ( • • , . • MEMORANDUM TO THE E GLEW OOD I T Y COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE I TY PLA I G AND ZONING COMMISSION. DATE : Jun 8, 1976 SUBJECT: 1 -4 70/Su r Grid Alt rna t i v e RECO I !ENDATION : Ed Smith mov d: Don Smith seconded : Th Plannin g Commission r e comm e nd the I-470 Ai r port Diagonal route be implemented, as well as the sup r grid proposal, in order to alleviate traffic problems in Englewood and the southwest quadrant of the metro- politan area. AYES: Tanguma, Jorgenson, Parker, Pierson, Don Smith, Ed Smith AYS: None ABSTAIN: Williams ABSENT: Wade, Jones The motion carried. By Order of the City Planning and Z oni~ Commission G G. Welty S cr tary •. • • -• • TO: Tho City Planning ~nd Zoning Commission FRO~: D. A. Romans, Acting Director of Community Dev lopment DATE: June 4, 1976 SUD.JECT: I-470 Alternatives As you know, the Gov rnor has appointed an ad hoc committee to study alt rn~tivcs to the I-470 route, and this I-470 Task Force report is to be prepar d for pr entation to the Governor within the month. The Colorado Dcpartm nt of High ays is assistin6 th Gov rnor's Committe in the preparation of certain data and map and to this end, the CD:i staff i att mpting to get fc c d-b ck from the 'V ral COI•C rn d jurisdictions as to their pr f renee of s veral altern tive routes. One of the "al t rnativ s" is a "Super Grid", or ''Practica l Grid" pattern, which would a ~u me a "do-nothing" d cision on I-470, with the traffic b ing accommodated on improved xisting streets. City lanag you at th alternate Council. gw r McCown has a k d that thi atter b Jun th m ting in order that you can routes and r f r your recomm ndation to to he .. • • ~ ,~I w ~ w w z z z < :5 :5 < ...J ...J "' <t "' 00 • ' i . . i • - i i i ' .f • • J ~ I I i j f I ---~--------·-·-J >-< ~ 0 w en > w a: '· ' - ]- APPLICANT: JCP Provision Co., Inc dba Valu Supermarket 5)75 S Broadway Englewood • • t• • COUNC IL ACTION REQUEST LIQUOR AND ).2 BEER OUTLETS TYPE OF ACTION RE QU ESTED: Renewal, 3.2 Fermented Malt Beverage License-Consumption on Premises POLICE AN D FBI REPORTS: Enclosed PREVIOUS CITY CO IL ACTIONS DURING PRIOR TWO YEARS, FXCLUDI NG ANNUAL RE IEWAL: c S: • . • • -• • ------- • I • . I f-C'ItM OJU 4(J I (REV 9 -70) Af!U Gt.fTINC .t.I'PIOVAl Of lOC Al IKfNSIN(; AU1h01UTY If t(OUi.fD SEND 10 COlO. ADO Ofi'AIIMfNT Of lfVfNU( STA!f CA.!"ttOt .,.,.,(.( 1J7) 51otfllM"-N!o1 DtNvU COlO IOJOJ STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES • 00 NOT WIUTE IN THIS SPACE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION j \, ~ ' ' '" '~· 1 · J -/Q.n-!)L "PPROVEO '.\L J ~~J~, ,.;~ ...... l r 1 . I,:;. ,,y .. ',L r ,.. -; .. : L DISAPPROVED O.t.lf I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAl APPliCATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . Lo·-t l LICENSING AUTHORITY COPY SIGNATUll (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE TI1JS f<iRM .fJSE~ ORIGINAL APPLICATION ) . t:./ , t'b'/"' IMPORTANT M"N"GER S N.t.ME tf((( 7:. Ct.. { M"KE CHECK OR MONEY If muC .. Nt IS "COR,.or,r,:¢-KiN fj;PI=Y~KsE71 ORDER P"Y"BLE TO HiE SEE INSTRUCtiONS 'f , CO!OR...OO DEI'ARTMENT ON THE REVERSE NEW TRADE N.t.ME OF REVENUE SlOE ! -I II TYPE ••• r NAME AND DESCRIPTION OF LICE NSE I -I I. I .• I ..... t :: ... TOTAL FEE (S ) '<.-, •J ' I • t \, • -., FEE • ~ 4 • ' ~ l~ fo '-''"~ otf•do-.t to b. \t9"41d o O<.lnow~ged by • •....Owal ond eocb I'Nft' If o at..,,_ • fo, pone • ·en.. .. ,, •• • of bvt..""' rfl.tden<:• of port!Wr.h pt ottd by C.:Of"potohon•) ~••n 01 ~ N br ska c: •t Dougl H. M. Berkowitz •• ot .... ,_,.,.... COf'"potOt.. 1 ~ ... ,., ...ell M(IH.,.t ORd ~ ,.,.... .... W f.-... by DE'" T .. lNl OF tf'oll Uf IN 'f' A1' "-""' AU 11\l""' .... ' .H ..... I .. • • - ' • 0 • X Ar o !(~NT IS A <O RPO A !If\ • (o ) obi, lei, 41 aftCI I• , D~l~wa~e •• o .. September 1972 , 2708 So 84th St Omaha c "' • Doug las L•r r f.l."lt 1.. ... 1 UlttM.ou l to'~'" u· i·"· I lh • « lthlf r .. ~ Feb 1976 •fl Nu r " H. M. Berkowitz Gene Foltz R. T. .McGovern Donald R. Grimm Tony Loring . ' h~"' etftl, •fl•( ,,,, 2708 South 84th St Oro~ha~ Nebr 6131 O~~g8~orpe Ave . 27~e~~ S4th ~t Omaha, Nebr 2708 So 84th St Omaha, Nebr 5175 S Broadway Eng1ewooq CO K "' 1tr t.l No ortd C1ty P t1 ~•,t ol Sto1 k o~fttcl JCP Provision Company Inc. is a wholly owned subsidiary of the J C Penney Company. Inc. It is believed that no one person own~ more than p% of J C Penney. stock . ''•" •Nebraska Dat e of 8•' th Mo nth Do,.. Y~or 10-27-13 10-2i-35. 11-22-2.0 8-23-41 3-10-36 Datf of tt t4. M ont~ 0 y Yfaar •. • • , -• 0 - Mt:.MORANDUM TO: Director of Finance FR)t~: Chief of Pol ice DATE: June 1, 1976 SUBJECT: L1 QUOR OUTLET CALLS -VALU SUPERI>IARKET , 5175 S . BRlADtiAY Please be advised the pol ice depa rtment has received no cal Is during the past year in connection with the 3.2% I iquor I icense for the above establish- ment. ~ 011ef of Pol ice ez .. •. • • ' • I• - Englewood Water and Sewer Board Regular Meeting June 15, 1976 The .eeting was called to order at 5:01 p.m. by Senior Board Member Babcock in the absence of the Chairman and Vice-Chairman. Members present: Babcock, Hayes, Ullery, Gibson, Mann, Sovern, Taylor. Members absent: Schnackenb erg, Wallace. Also pr esentz C. B. Carroll, Jr., Director of Utilities. I. SUPPLEMENT 9 49 TO SOUTHGATE SANITATION DISTRICT pe r ac r e in Hr. Carro ll and he rec ommend e d a t ion. Hr. Hay s mov ed; Hs. Ul l e ry s ec on d d : approve s That th Boa rd rec ~n d t o Coun c il approva l of Supp l n t f 9 to Southgat San i ta ti on Dh t rlc t con ting n t up on Gr eenwo od Vil la& 's app roval of annexa tion. The motion carried unan imo usly. II. P OPOSAL FO REVISED OOTSID •CITY At! TtS Board ask d H • Carroll to c up with a ach dul to prov d par ty v th Deav r'a pr aal to cr at a Uot dlf- arb trarily charatn Sot mor to uld b a p U y cuat u oth r clllon. ha Vall y Wat r ... 3 tl • • - • • • ... ------=-= -"""'-----..---=~:::::::::------- -3- III. (Cont.) 1. Adjusbnents to satisfy EPA. a) Eliminate Outside-City maintenance charges. b) Reduce Outside-City infiltration charge from 101 to 5t. c) Eliminate industry surcharge. 2. General changes. a) Separate the charges for treabaent and maintenance. Inside-City would pay for both while Outside-City would pay only for treabaent. b) Derive Flat Rate from "normal usage" of metered users in a similar class. c) Derive minimum charge from "readiness to serve" cost. 3. Sewer rat options. The combined treabaent/maintenance rate/1000 gallons decided upon will determine disposal charge revenue to a major extent. After discussing the information Mr. Carroll presented, the Board asked him to run additional se~er rate opt i ons at a combin ed rat /1000 gallons of 26e to JO e. Hr. Carroll then s ummarized Industr ial Cost Recovery a outlin d by EPA. Upon Hr . Carroll's r comm n dation, and af ter some discu sion, Hr. Taylor mov e d; Hr. Hayes second d: That th Board recomm nd to Council acceptanc of th Industrial Cost Re- cov ry Plan. Th motion carri d unanlmou ly. IV. PRELIHI ARY 1976 REVISED BUDGET AND 1977 ESTIMATE ALONG WITH 1977-1981 CAPITAL IMPROVEMENTS PROG~ Hr. Carroll in ormed th Board about th 1976 Revis d Budc t and 1977 timat d budg t, answ rlnc a v ral qu stions about c han& 1, and brlaCly pr • nt d th Capital I~rov m nt• Procr ... v. 81-CITY AST E AT ER PLANT TOOl u 1 .. i turn• ou1. to b • bad t • l l will b ,, July 16, 1 76 at l100 P·•· VI. 4TT rr n to h t ur o th Cabin C on 7 • •. • • • t• - Englewood Wate r and Sewer Board Regular Meeting June 15, 1976 Th e ~eting was called to order at 5:01 p.m. by Senior Board Member Babcock in th absence of the Chairman and Vic e -Chainman. Members present: Babcock, Hayes, Ullery, Gibson, Mann, Sovern, Taylor, Members abs en t : Schnacke nb e rg, Wallace. Also pr esent: C. B. Carroll, Jr., Director of Utilities. 1. SUPPLEMENT fi 49 TO SOUTHGAT E SANITATION DISTRI CT ation . d acce ptance Hr. Ha y 1 mo ved ; Ms. Ulle r y second d: a pprov s ann x- That th Boa rd rec ~n d t o Co un cil app r ova l of Supp l n t #49 to Sou th at San itat i on District con tin& t u pon Cr e nwo od Villa & 's app rova l of a nn exa t1 on. Th motion carried unanl usly. 11. P 0 SAL FO VISED OUTSID -CITY CUlt Hr. Carroll to c to prov parity pr oaal to arb trarlly ch • p 1 n t cUf· to Vall y r II · ' - • • • - -2- Hr. Carroll answered that a total of about 400 customers would be in- volved, including some in Cherry Hills and Cherry Hills Rancho. Hr. Taylor then asked if it cost more to serve outside customers. Hr. Carroll's response was that greater capital investment is required to serve them, but that they pay 50~ more for a tap fee. Hr. Sovern moved; Hr. Gibson seconded: That the Board recommend to Council ap- proval of a revision in the Outside- City water rates, creating a lSOt dif• ferential from inside rates and that the City Attorney draw up an ordinance to that effect. The motion carried unanimously. Hr. and Mrs. Waldow arrived at 5:25 p.m. Hr. Carroll asked the Board to consider Hr. Waldow's request out of sequ nee. VI. INDIVIDUAL TAP-ON AGRE EMENT Hr. Waldow is bu i lding a pr i vat r sid nc i n the vicinity of 3700 S. Clay St. and d si r • sanitary se r servic~. Hi s most reasonable option is to sign an individual tap-on agr eaent with Valley Sanitation District and th City of Engl wood. H alr ady ha s a letter of approval from Engineer Cass ns of Vall y Sanitation District. He also has a thr •party agr m nt lacking only aignatures, and has paid all tap f s andasseasments to Vall y. Hr. Hay I IDOV d; Hr . Sov rn second d: That th Board recommend to Council approval of an individual tap•on agree- Ill nt with Hr . Waldow Cor th property Th 1110tlon carr d Th Waldows d part n ar 3700 S. Clay St., conting nt upon Hr. Waldow obtaining all requ iait official a gnatur a. unani.-ou aly. d at Sz'-0 P·•· 111. P OPOS!D VISl TO S!W T!S Th rat H • Carroll br th followin 1 d rd d v loping quitabl a r A aaya that ev ryon ah ld to d r i an addltl al in chan a ln jor p nta to c a d r, n luding ' • • - • • • , . • -3- III. {Cont.) 1. Adjusbnents to sat isfy EPA. a) Eliminate Outside-City maintenance charges. b) Reduce Outside-City infiltration charge from 101 to 51. c) Eliminate industry surcharge. 2. General change s. a) Separate the charges for treatment and maintenance. Inside-City would pay for both while Outside-City would pay only for treatment. b) Derive Flat Rate from "normal usage" of metere d users in a similar class. c) Derive minimum charge from "readiness to serve" cost. 3. Sewer rate options. The combined treatment/maintenance rate/1000 gallons decided upon will determine disposal charge revenue to a major extent. After discussing the information Mr. Carroll presented, the Board asked him to run additional se~er rate opt ions at a combined rate/1000 gallons of 26c to JOe. Hr. Carroll then s ummarized Industrial Cost Recovery a outlin d by EPA. Upon Hr. Carroll's r comm n dati on, and af ter som discussi on, Mr. Taylor mov d; Mr. Hayes s conded: That thf Board r: ace ptan.:: of th c ov ry Plan. The motion carr d unanimou s ly. IV. PRELIMINARY 1976 REVISED BUDGET AND 1977 ESTIHAT ALONG WITH 1977-1981 CAPITAL IMPROVEMENTS PROCr~ Hr. Carroll informed th Board about th 1976 Revis d Budc t and 1977 stimat d budg t, answ rinc s v ral qu stlona about chana a, and brle!ly pr 1 nt d th Capital ~rov m nta Proara•. V. Bl•CITY WASTE~ATER PLANT TOUR Unl sa t turna out to b a bad ~ • , th tour will July 16, 1976 at l aO P·•· VI. Ol'H R M41i on rr day, A atr but d r Ccrrin to th tour o th Cabln Cr k-ado on Au ust Z , 1 76 • • • - - • 0 • -4- VI. (Cont.) An article on the Safe Drinking Water Act was distributed for the edification of the Board. The meeting was adjourned at 7:00 p.m. Respectfully subm i tte d, Jef!r y Shu ltz cordin S cr ~ ry • • - • • 0 I• - MEHORAHDUH TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOHNENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE1 June 15, 1976 SUBJECT: SUPPLEMENT 149 TO SOUTHGATE SANITATION DISTRICT RECOHHENDATIOth !'hat City Council approve Supp1-nt 149 to South- &ate Sanitation Diatrict, contingent upon Green- wood Villaae'a approval of annexation, ap ctfully aubaitt d, ENGLEWOOD WATEl AND SEWER IOU nn 1. Wallace, • • , - • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE I SUBJECT a RECCHt!MDATIONa I June 15, 1976 PROPOSAL FOR REVISED OUTSIDE-CITY WATER RATES That tbe City Council approve a revisioo in tbe Outside-City water rates, creatine a l5ot differ• ential froa inside rates and that the City Attorney draw up an ordinance to that effect. ~ sp ctfully subaltt d. ENGLEWOOD WATE AMD S t • • • - .. • • • 0 • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: SUBJECT: RECOMMENDATION: June 15, 1976 INDIVIDUAL TAP-ON AGREEMENT That the City Council approve an indiv i dual tap•oo agre.-ent with Mr. Waldow for the property near 3700 s. Clay St., contin&ent upon Mr. Waldow ob- tain i ng all requisit off icial signatur s • R spect ully sub.itted, ENCLEWOOO WATER AMD SEWEll IOAil.D Attac,,.tat f) • • • , -• , . • --=-- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD OATEs SUIWECT: RECOtltENDATlON I June 15, 1976 PROPOSED REVISION TO SEWER RATES (INDUSTRIAL COST RECOVERY) Tha t the City Counc i l accept the Industr i al Cost Recov e ry Plan. Rea p c t f u l l y s uba i t ted, tNGLEWOOO WATtR AND SEWEll IOAilD Attac: at .. • • ... • • 0 - 4 A INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. ~--' SERIES OF 1976 AN ORDINANCE ZO lNG A NEWLY " E.A r.t) PAR 'EL ut LA ND TO THE CITY OF ENGLEWOOO, ARAPAHOE COU NTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. WHEREA S, the property described h e r ein was annexed t o the City of Eng lewood, by Ordinance No. 20, Series of 1976; and WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zon~ng Ord~nance any are of land annexed to the City fl Pr th P f1~ct iv ddt' f s i rompre h1 nsivc Zoninq Ordin nee shall 'consul. r. to b<> w1 h<"'t.L zon e cl<>ss~fication; and WIILREA , s<1id pan:. 1 of and, b iny wi hou zone class~f~c lLon, h City Planning and Zoning Commission held a Publir H ~r1nq ~n May 4, l 7 ozone said newly annexed parcel t 1-1, Lt hl Tn ustr1al DJs rict; an 1 HEREM>, the Plan ninq tnd Zoning Comm1ss~on has cons1 or •d It\,) pt<.>pos<.!d dm ndm nt. nd mdp ch nge , nd h s submitted ~ts favorable r comm nd ion to the City Council therefor; nd WHERLAS, Zon1ng Ord1nanc Counc~l on pursu nt Public I' Jun 7, 1976 ~on 2.3 of th Compreh nsiv h ld bPfore th City 1d n wly ann xed Sl.fica 10n; nd p rc 1 of 1 n 0 Til CtlO~. c ordin to th c aa1 y, conv n1 lth, nd good ~on~ng prac 1c JUSt1 y aa1d Off1cial Zon1nq M p, aa IT 0 Al OLO 00, 0 Y TH CITY COU CIL a ollo a: rop r y ah 11 b zon d n wly nn x ~ p rc l o -1- •. ' • • -• • • land, to I-1, Light Industrial District: Lot 6, BELL ISLE GARDENS, Arapahoe County,Colorado Section 2. t• The Official Zoning Map of the City of Englewood, Colorado, her by is amended accordingly. Introduced, r ad in full and passed on first reading on the 17th day of Ma y, 1976. Publ1shed as of May, J'l7 Bill for an Ordinance on the 19th day I· .•L l e ud pu·~··d 11 tlnll C<;<.~ding on the 21st Publl slicd by titl as Ordinance No. 197, on IP23r duyofJunc, 1.976. MAYOR ATTEST: surer -------' Series of th bov of th tl.tle as ' • • , - ( • 0 • 4 B INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. '2-">-, SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 6, ENTITLED "OFFENSES AGAINST PUBLIC PEACE, SAFETY AND GOOD ORDER," OF TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW SECTION THERETO PROHIBITING THE SOLICITATION OF TOWING OR WRECKER BUSINESS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 6 , of Title XI, of the 1969 E.M.C., is her by am nded by adding a news ct ion, Section 26, to read il.S follows: 11 -o-26: SOLICITATION OF TOWING OR WRECKER BUSINESS to to or In 7 h d, d ln ull nd p •• d on 1ra r d1n Jun , 1 7 • owner • • ....... 'I ( • , • • • Published as a Bill for an Ordinance on the 9th day of June, 1976. Read by title and passed on final reading on the 21st day of June, 1976 . Published by Title as Ordinance No . 1976, on the 23 r d d ay of June, 1976. MAYOR ATTEST: ex off1cio Ci t y Cl rk-Treasur r , Series of ----- I, William D. James, d o h e reby certify th t the above nd foregoing is a true, accurate and c omplete copy of the Ordinanc , passed on final reading nd published by title as Ordinanc e No . , S e ries of 1976 • x officio C1ty Clerk-Treasurer ' • • , - ' • • • • 4 c INTRODUCED AS A BILL BY COUN CILMAN CLAYTON BY AUTHORITY ORDINANC E NO . , SERIES OF 1976 AN ORDINANCE AMENDING SU BS ECTTON 2(c) OF CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, ESTAB J,I SHING MINIMUM PENALTIES FOR DOGS RUNNING AT LARGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORA DO, as follows: Section 1. That subsec t~on 2(c) of Chapt_r 11, Titl XI, of the 1969 E.M.C., ~s I · r by mended to read J5 follows: 11-11-2 DOGS RUNNING AT LARGE PRO HIBITED I shall b unlawful for ny owner or p rson having th car , cus ody nd cont rol of any dog o allow such dog to run a large in th city unl ss ~;uch dog is und r h rea C'lll ble con ro1 of uch o wner or r~;on. (c) In 1 Uc d, on h 17 h o H -1- guilty c 10n subject THAN b LESS r rs, or yl n J 11, n 1r1 r tn •. •. ' • • , - ( • 0 t• • Published as a Bill for an Ordinance on the 19th day of May, 1976. Read by title and passed on final reading on the 7th day of June, 1976. Published by Title as Ordinance No. 1976, on the 9th day of June, 1976. _, Series of ATTEST: exof nd Jo. -MAYOR rk-Treasurer m D. J mes, do hereby certify that the above tru ~. accurat and complete copy of the on final r ading and published by title as ______ , S r~ s of 1976. surer • • , • 0 ,. - ---= 4 D INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINAN CE AMENDING SECTI ON 2, CHAPTER 11, OF TITLE XI, OF THE 1 969 ENGLE WOO D MUNICIP AL CODE , AS AMENDED , BY REQUIRING A COURT AP PEARANCE FOR THOSE OWNERS OR PERSONS HAVING THE CUSTODY AND CONTROL OF ANY DOG RUNNING AT LARGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLO RADO , as follows: Sect1on 1. That Sec tion 2 , Cha pte r 11, of Tl 1 XI, o f the lY E.M .C ., 1s a me nd d y r e p ea l 1ng s ub s c t1 on (d ) th r e of: ll-ll -.! (d) kE EALED ln rodu· d, r ad 1n full n p ss don h r s r e ad 1ng on he 21st day of Jun , 197 P 11sh d a s a Bill f o r an Ord1nance on the 23 rd d y o f Jun e , 1~7u. MA YOR ATTI::ST : •. • • - • • - 11 ·11:! UOG. R NNING AT LARGE PROHIBITED It •I ·J: 1,, unla,.,fu l for an) u "'n~r ur pt>rbOn ha"mg the ca rt!, c u stod) and , <•n '' I u l a m do~ to allo" 'Uch dog LO run at large tn thl• r1ty un les such dog IS ur • r 1 • r< 1 •o ahl~ nmtroluf uc h ow ne r or per on I ur the purpu"t' o l th" <;eCUon. a dog hall be deemed t.o be "running ot la r~-: · "ht>n o ff or away from the premi s of th ow ner. po sessor • r k<•eper t he rl'••f a nd not under the contml of such o wner, po e sor ur t•epe r "hu ,hall be compett-nt w < ontrol s uch dog and who may t .. n·qu1red to dl.'mo n trate LO a meml r of the Englewood Pollet' 1 II J·drt ment n r anv A nama! Warden nf the ity of Englewood h1 or I ..r a b1ht) to' n ntrol uch dog whenever such dog i not kt>pl on o r • uto t ro lled h' <1 lE-a h co rd or c ham not to e xct>ed ten (I 0 ) feet <lo •,.t ... nh•tandrngan••ftht•prn'r ron .nf thr sect1on,adog hallbe 1 , , med not undt r rt>bonablt-wntrol wh n any of th fo llowmg < :hh llon' on ur rlt 1 1 I ht do • mfltn dama • o r InJUry b} bttmg. jumping upon, pulluuon n t 't' • t allon or hy ny otht>r mt>an whatsoever, to t ht pu"m <Jr pro pen uf an) o nt> o ther than th own r , except m thl' ddl·n of th o nt•r h " fa mily or property, or any dog und.·r the control and command o f a pohcl' offtcer m th cou r (o f I• Ju•) '-' In tht ca• o f pn un p )ed fem11le dog "'htl atd dog 1 10 •·•t ru un ht·at or tn easonl and not securely conftned tn th """ n r' 'a rd. pen ur o tho •r !'n ·lo ur ,._ • • , - I , • • - ----~~~--------- 4 E INTRODUCED AS A BILL BY COUNCILMAN ~~~~~-~------------------------ A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 3, OF TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DIS- QUALIPYING CERTAIN EMPLOYEES RELATED BY BLOOD OR MARRAIGE FROM ORIGINAL APPOINTMENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Sect1.on 1. That Sectl.on 5, Chapter 3, o f Title V, of the 1969 E.M.C., 1.s hereby am nd d to read ~ follows: 5-3-~ DIS UALIFICATION -MANDATORY -DISCRETIONARY (a) R 1 -1- ·. • • , - • (b) • 0 • another, such supervision not being avoided by intradepartmental transfer, such employee shall be transferred to another job in his or her classification in another department, at a grade not higher than he or she then held, providing there is such a job vacancy or, if no vacancy, he or she shall be placed on a re-employment list for a period of one (1) year. Which of the related employees shall be so transferred,or laid off, the time there- fore, and other employment details necessary to be arranged to carry out this polic~ shall be determined by the City Manager, subject to the right of appeal by the employee or employees involved, to the Board of Career Service Com- missioners. Yo r the purpos s of "relat d by blood or those employ~ s wh o l ship to on anothe Th (1) H Par n s Broth rs S1sters Grandpar n s Spouse Children First COUSlnS Aunts Stepparents Stepbroth rs r -2- hLD 5 c t1 on , th phr s rria e," shall m an r th f o llow1n~ r 1 t Jon- n 1n ry ln tion •. ' • • - .. ,, ( on th • 0 t• • (2) He is so disabled as to be rendered unfit for the performance of th~ duties of the class. (3) He has made a false statement of material fact in his application. (4) He has, within the past two (2) years, been dismissed from a position in the classified service, after a hearing, on charges of delinquency, misconduct, inefficiency or other similar cause, or has resigned from a position while under suspension or while charges were pending against him. (5) He is known o have a record of habitual criminality or moral turpitude. (6) He is addic d to the use of narcotics or th habi ual use of 1ntoxicating liquors to excess. (7) He has us d or att~mpted to use political pressure or brib ry to secure an advantage in the examination or appointment. (8) He has dir ctly or ind~rectly obtained 1nformation regard1ng e xaminations to which, as n pplicant, he is not entitl d. (9) H h s tak n p r 1n th compilation, admin1s rat ion or corr ction of the x m1n t1on. (10) H h f ll d to aub 1 h1a pplication wlthin the pr acrib d ti l1mits; or ( 11) n organ1zat1on d clar A torn y n r 1 of h d lntroduc d, r d 1n full nd p u don hra r d ng 2ls d y of Jun I 1 7 •. .. • • , - 'I • 0 • Published as a Bill for an Ordinance on the 23rd day of June, 1976. MAYOR ATTEST: I, Wlll~am D. Jdm s, do hereby ccrt~fy that the above nd for go1n 1 ~ a tru~, ·curate and comple t e copy of a Bill for an Ord1n nco.!, 1ntroduc d, read in full, and passed on f1rst r ading on th 21st d y of June, 1976. -ex offlClO C1ty Clerk-Treasurer -4- '· • • , • • • ,._ I• - 4 F INTRODUCED AS A BILL BY COUNCILMAN ~~~~~~------------------- A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO BUS PASSENGER SHELTERS. WHEREAS, the City of Englewood and the Regional Transportation District are desirous of entering into an Agreement relating to bus passenger shetlers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, shall· enter into an Agr ement with the Regional Transportation District, according to the provisions of that certain written instru- ment captioned "Agreement", which is attached hereto, con- sisting of three (3) typewritten pages and is hereby incorp- orated by r ference herein. Said instrument provides: 1. The City of Englewood shall grant to the Regional Transportat~on District a license to occupy and use, subject to all of th terms of th Agreement, the following premises: (1) G~rard nd Clarkson, Nor heast corner; se Exh~b~ "A" attached hereto (2) Bro dway and Floyd, Exh~bl "B" a t ). ~ y g~v1n n no o rm1n 10n, such y ( 0) d ya pr1or o of G~rard betw Exh1bi d pr m~• a y b occupi d and ~on Diatr~ct solely for bus p a- nt l purpos s r 1 t d th reto. -1- ) • • ....... I . • • • 0 4. The Regional Transportation District shall, at its own expense, keep and maintain in good repair any improve- ments placed by it on the premises, and, at the expiration of said Agreement restore the premises to their original con- dition, crdinary wear and tear excepted. 5 . The Regional Transportation District shall indemnify and hold harmless the City of Engelwood against all liabilities and losses, including costs incurred in defedning any claim or suit against the City in connection therewith, for death or injuries to persons, or for loss of, or damage to, property arising out of, and in connection with, the use and occupancy of the demised premises by thP Regional Transportation District, its agents, employees, or invitees. In the event of any such claims made or suits filed, the City shall give the Regional Transportation Dis~ric prompt written notice thereof, and the Re gional Transpo rtation Distr~ct shall have the right to •fend or settle the ~a rne to the extent of its interest hereunder. The Regional 1ransportation District shall not be liable for any injury or damages that may arise out of or in connection with the use and o~curan~y of any area und r the control of the City. 6. Any notices given pursuant to sa~d Agreement, by c~ther p rty to the other party, shall be done as set fo~th 1n q ~i~ Agreem nt. 7. No o ficer, memb r or employee of the Regional Transportation D1stric , and no member of its governing body, and no other publ1c off~ci 1, or employee , of the governing body of th local~ty, or local~tl s, included within the R gicnal Tran por 10n 0~ r1ct who e xercises any functions or rcspons~b~ll ~ s 1n th pproval, of said Agr m nt, dur~ng h1s or r ther after, shall h v any int c , , 1n said Agre m nt or th proceeds 5 c ion 2. X 0 -2- Engl wood, Color do, o ngl wood, Color do, nd 1n beh lf o Color do, nd rk-Tr sur r • ...... --------- • • • Introduced, read in full and passed on first reading on the 21st day of June, 1976. Published as a Bill for an Ordinance on the 23rd day of June, 1976. MAYOR ATTEST: ex off~c~o ity Clerk-Treasurer I, W~lliam D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordin nee, introduced, read in full, and passed on f~rst r d~ng on the 21st day of June, 1976. x officio city Clerk-Treasur r ;- ' • • - :. • 0 • DUPUCATE ORIGINAL A G R E E M E N T AGREEMENT made this JUUlL day of --~J~uwn~e~---------' 1976, by and b:; t tic en ______ _,C..,.i....,t...,y'-"'o"'f_..E ... n~& ..... l c~o~...,...._...._ _______ _ hereinafter r eferred to a~ "L1censor," and the REGIO:lAL TRA:~SPO!lTATIO N DISTRICT , a political s u tJ1ivisi.on of the State of Color do, hereinafter referrad to as "Licensee." In consideration of the mJtual promises contained herein, and for ot i.•. :-nood nd valuable consideration, the receipt and sufficiency of wh c ~ rc hereby acknowledged, the parties agree as follows: 1. Licensor hereby grants to Licensee a license to occupy and use, sub .tc ct to all of the tPrms hereof, the following premises: (I) Glrdrd Jnd Clark on, rLh< st corner; See ExhibJ.L "A" atta h d h r to (2) Bro dwdy and Flo d, orth ast corn r; S Exhibit "8" tt ch d h r to (3) Souths id Se Exhibit "C" art ( ) Bro dw.Jy nd Flo d, S e E hiblt "0" at e and Elati; outhw 1 corn r; ch d h r to 2. The above describ d prem1aes y be occupied and used by Licensee sol .ly for bus p ssen er sheltera aod for incident 1 purposes related th r-o duri the period 1.nn n ---------------------------• and con 1nu1ng un 11 hi Agr terQ1nat d as h reinatter provided . 3. E1 her p rty y e hi Agr nt at any t1 by &ivin& wri t n n o th oth r, he d te or teraina ion, such n 1 ss t (90) d y prior to the d te therein p ci f1 d . 11, , k p nd nt ln in ood ..<>~~ • • , -• 0 • repair any improvements placed by it on the premises, and, at the expir~tion of th is a~reemE'nt rest .. re the premises to their orie;in01l conjition, ordin- ary wear and te3r xccptcd . 5. Liccn s~· 5 ~~11 ind~mnify and hold harmless Li~~nsor against all liabil it i , ... ' 1 ._c s , including costs incurred in d-:!.:' •• mdi nc any claim or suit ~: •~n:..t Li·~·~nsor in connection therewith, for· death or injuries to p•r. ~·. 1 Jr ; :>r loss of or damage to prope rty :!I' ising out of and in co1 11 '!C ~ · '1 • ... • 'r :.he use and occup ncy of the de:-:L.:d premises by Licensee, its o.~~;..,;.t :., c .,loyees, or invitees. In the evl!nt of any such claims made or ~u l t s fried, Licensor sh 11 give Licensee pronpt written notice thereof, an1 Li~ ns'e shall have th r1ght to defend or settle the same to th cxt ~nt of its intere s t he r und~r. Liccns 3e shall not be lia ble f or any 'njury or damaees tha may arise out of or in connec tion with the use and o ~~up nc y of any r under the control of Licensor. 6. Any notices given pursu nt here to by either party to the other par y sh 11 be in wr iting and mailed by certified mail, po st ge pr paid , addr ssed as f ollows: To Licensor: To Licen ee: Th e ddr ss to ch .1ny n o ~i c d or e or n o ny p r• y a n o ice a v n y r r y Ci ty of En 1 ood 3400 o. Elati Str t Engl wood, Colorado 0110 Re&ional Tran portatlon Dlstriot 1 5 South Colorado Boul v rd D nv r, Color do 80222 ATT TlO Le 1 Orfice nd or oth r wr tin y b ven ov provt ed y c n d y writt n e provt d . • • , - . . • • • 1. No officer, member, or employee of the Licensee and no ~e~bers of its governing body, and no other public official or employee of the governing body of the locality or localities included within the ReGiOn3l Transportation Distri ct who exercises any functions or responsibilit ies in the review or approval of this Agreem e nt, during his tenure o~ for one year th ereafter, shall have any interest, direct or indirec t, in L~:w Agreement or the proc eeds thereof. IN WITN ESS HHEREOF, the parties have duly executed this Ag r~e"lle'lt, effective the day and date first above written. Cl'r'i OF ENGLE OQD Licensor B Title ATTEST: REGIONAL TRANSPORTATION DISTRICT Licensee John D. Simpson Executive Director/Gener~l Manager APPROVED AS TO LEGAL FORM: B RTD Legal Counsel • . .. • • -• 0 • ... . . . -~-·--·~ .......... . -~. :· .. L c·c</1,.,-.,-, Clark~..:.n ,,/'(;' (7,-,...:·;n/. ~":>-::../.1-er .-:;/;,x_;/..-/ L<o! ~c ."J/.~~/ J-.q_lt.u?(!o <r'l·acht?c-/ <"<.Ja/-1. r;,..:-/ ~O'r--f _ _.,,.-:.3 lc:L. fl ~,.// rz2u1/-1 re/oc.nl/c:,, o.C coe. e>r>'.>n'"•.':'/1-/;l / /rt<:.:?.. ;:;•nc/ r:;:n ::: Va/ c/ /;:;;,..-;r' of' £/,.'7r-ky,.,-,-,u_,?c/ .--::pr/rJL /er :;)'.sl-ern, / / ~ II \_ l; ..,., l • ', ·,! . -... ---------------------··- \ ' • • , • -'· • I~ • ~::...-:=::-::::=:=---•. Exhibit" B"(Broadway & Floyd, NE corner) )_:I< ('/) 0 v! (-'j '.' 'A/ I li e (\{'ILCK \ 1 \)o{•J[ -~ lJ "-~ r- ~ N ~ c_, t:t:-~0 -I ~ .... \.&.) "· ..Sc ?UoC.i;. "''~ .5.-; lt"T It J l" •·!>~·""''" (~ #( .... u ::. ! r- " • • - Loc r1 7t(,N : N 1' l • • t• • Exhibie'c" (Soutt-.; ide of Girard between Chero ~e e & El a ti ) ,,,,~ 1\ -;; . \ (----'--( ,., . \ -------, ------------- 'T ~ :X:. ~ )';I I C. I >-~~ ,j ' • • • -•. 0 • -------~~~-----;-, Exhlbi ~: ''D" (Bro1dyay & Floyd, Sll corner) tl/7 7,~ E ~ i <'? FK£N --rtl(. If., t' , ..... ,,>,..., t if: { '', ~· I' /U --7 l,:?l'--, c •• ,.,t L t :l (,·<,I 'r((• I I'• '· ( -2 f,_, 3 pn!<.t<. • ·-· ,Jr '"'' E~ [\ N <--··--------; • • • , -• • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING SECTION 35, CHAPTER 4, OF TITLE XIII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REDUCING THE AMOUNT OF REVENUES FROM THE SALES AND USE TAX DEPOSITED INTO A CAPITAL IMPROVEMENT ACCOUNT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 35, Chapter 4, of Title XIII, of the 1969 E.M.C., is hereby amended to read as follows: 13-4-35: PURPOSE OF TAX -DISTRIBUTION OF PROCEEDS The City Council hereby declares that the purpose of the levy of the taxes impose~ by this ordinance is for the rais~ng of funds for payment of the general operating expen~es of the City and for capital improvem nts; provided, however, not less than ene-~hire-~i/3t TWENTY-~IVE AND EIGHT- TENTHS (25.8\} PERCENT of all the rev nues derived from S3id tax shall b s gregated, held apart , nd deposited into a s par t •capital Improv nt Account" nd sh 11 b us d solely to fund nd finance c pit 1 im?rov nta of h City of Engl wood. In roduc d, r d ~n full and pa a d on irat r d~ng on h 2la d y of Jun , 1976. Publlsh d as of Jun , 1 76. , ... Bill for n Ordin nc on th 23rd day •. 1,, it • • - • I • • (• • --=----------=--=--· ATTEST: ex off~c~o C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of June, 1976. ex off~c~o C~ty Clerk-Treasurer ·. • • , - • • t • 0 I • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING SECTION 11, CHAPTER 4, OF TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY MAKING PROVISION FOR THE RECOVERY FROM INDUSTRIAL-TYPE USERS OF CERTAIN COSTS RELATING TO FEDERALLY FUNDED BI-CITY TREATMENT PLANT WITHIN THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. That Section 11, Chapter 4, of T itle XV, of the 1969 E.M.C., is hereby amended to read as follows: 15-4-11: INDUSTRIAL COST RECOVEPY (ICR) (a) In accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500,33 USC 1251 et. seq .) provision is hereby made for recovery from industrial-type use r s of the federa l ly funded Bi-City Treatment Plant of their share of t h e total fe d eral grant. (b) Industries Affected shall be those identified 1n the St ndard Industrial Classification M nual, (SIOI) 1972 as r vised, Division A through I wi h the sp c1f1c x ception of thos industries wh1ch d1sch rg only non process, segregat d do s 1c w stes or wast s fro sanitary conv n1 nc s. Af ect d industries Wlll cl s1f1 d as follows: l. Industri s are thos of th follo~oo11nq 1cs: ( ) l a a 50,000 gallon/ (ii) 5 of th total ( li) n oxic un a ( v) on h tr at n -1- •. • • , - \ • • • • • 0 • -------=- Monitoring to determine strength levels shall be accomplished no less frequently than annually. The results of samp l ing and analysis will be recorded in the Utilities office, reported to the affected industry and reported to regulatory agencies per their current directives. 2. Minor Contributing Industries are those ldentified by SICM, Div. A thru I and not classified as major contributing industries. Monitoring, sampling and analysis of this category will be accomplished where possible to establish "normal" pollutant levels by class. Relevant information from other jurisdictions will be used as available to compare and adjust class rates. (c) Payment Rates shall be computed for ICR customers based on the following baslc capital costs for the Bi-City plant: (d) Q (Volume): BOD: SS: $460.12 I 1000 gal-day of capacity 30.47 I pound-day of capacity 35.04 I pound-day of capacity Specific individual rates will be calculated based on th volume strength and rate of flow in accordance with current frederal guidelin s. Adjustments to individual rates will b m d annually or more frequently whenever evid nc 1s receiv d th t a major change in wastewa er volurn and/or characteristics has occurr d. Payrnen wil l comrn nc within one year of th dat of initlation of service through th Bl-Clty pl n . -2-• • ....... • • • • (e) New Industry is one which connects to a treatment works after such treatment works has been put into service. ICR payments by a new industry shall begin on the date use is initiated and shall continue for the unexpired portion of the ICR period or until the industry ceases use of the facility, whichever occurs first. Total ICR recovered from a new industry shall be the Federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period. (f) Procedures for Management and Investment of ICR Funds: The City shall retain 50\ of the amounts recovered from industrial users. The remainder, together with any i nterest earned thereon, shall be returned to the u.s. Treasury on an annual basis. A minimum of 80\ of the retained amounts, together with interest earned thereon, s~all be used solely for the eligible costs of the expansion or recon=truction of treatment works associated ~ith the project and necessary to meet the require- ments of the Act. The grantee shall cbtain the written approval of the Regional ~dministrator prior to committment of the retained ~ounts for any e xpansion and reconstruction. The remainder of the retained amounts may be used as the grantee sees fit. Pending use, the grantee shall invest the retained amounts for reconstruction and expansion in: (1) obligations of the u.s. Government; or (2) obligations guaranteed as to principal anj interest by the u.s. Government or any agency thereof; or (3) shall deposit such amounts in ccounts fully col lateralized by obligations of th u.s. Govern- m nt or by oblig tiona fully guarant d as to pr1ncip 1 nd inter st by th U.S. Gov rnment or any g ncy ther of. Introduced, r ad in full a nd pass d on f1rst re d1ng on th 21st day of June, 1976 • Publ1ah d a a Bill for n Ordinanc on th 23rd day o Jun , 19761 -3- •. • • , - .. ( • 0 • ATTEST: ex off~cio C~ty Cler~Treasurer I, William D. James, do hereby certify that the above and foregoing is a tru., accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of June, 1976. ex officio City Clerk-Treasurer ' . ·- • • . J. • • 4 I INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO ANNU~L MILITARY LEAVE AND AUTHORIZING FULL PAY WITHOUT REDUCTION OF BENEFITS FOR THE FIRST FIFTEEN (15) DAYS THEREOF. BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Sect~on 1. Th a Sec t ion 14, Chapter 4, of Title v, of the 1969 E.M.C., ~s h e r e b y m nd d to r ad as follows: 5 -4-14 ( ) (b) MILITARY LEAVE Any p rmanent or probationary employee who nlists or is indue d into the military, naval, air or other Armed Fereee SERVICES of he United St t s in tim of war, shall be entitled to a leav of absence without pay for the duration of such war, or until honor- ably discharged, whichever occur first, and for one (l) year thereafter. -1- • • - c • (c ) • • 7 BE ALLOWED IN CASE THE RE QUIRED MILITARY SERVICE IS SATISFACTORILY PERFO RME D, WH ICH SHA LL BE PRESUMED UNLESS THE CON- TRA RY I S ESTAB LISHED. 9£-eh~e-~er~ee -ef time,-eaid-em~ieyee-shai!-~e -eiiowed-the nermei -fifteen -~!5t -deys-mi!itery -!eeve-ef -­ e~senee -when -erdered-te-eetive-daty-fer­ trei n ing ~--~he -eity -eheii-~ey-the-differenee­ ~etween-the-eetive -eaty-training~--~he-eity­ sheii-~ey-the-eifferenee-~etween-the-em~ieyee~s­ mi!itary-~ey-ene-regaiar-~ay,-i£-his-miiitary­ ~ay -is -the-iesser-emeant~--ff -the-e~~ieyee­ tekee -~i!itary -!eave -earing -his-vaeatien,-he­ wiii-reeeive -fa ii-~ay ~--Mi!i tary -~ay-ineiades­ eniy -~ese -~i as -ienge¥i ty -~ey ~--ft-dees -net­ i neiade -aiiewane es -fer -trevei,-sabsistenee- e r -q tt e r te re ~- SUCH LEAVE SHALL NOT BE ALLOWED UNLESS THE EMPLOYEE RETURNS TO HIS PU BLIC POSITION IMMEDIATELY UPON BEING RELIEVED FROM SUCH MILITARY SERVICE AND NOT LATER THAN THE EXPIRATION OF THE TIME HEREIN LIMITED FOR SUCH LEAVE, OR IS PREVENTED FROM SO RETURNING BY PHYSICAL OR MENTAL DISABILITY OR OT HER CAUSE NOT DUE TO HIS OWN FAULT , OR IS REQUIRED BY PROPER AU TH ORITIES TO CO N- TINUE IN SUCH MILITARY SERVICE BEYO ND THE TIME HEREIN LIMITED FOR SUCH LEAVE. Introduced, r ad in full and passed on first reading on th 21st day of June, 1976. Publish•d s a Bill for an Ordinance on th 23rd day of Jun , 1976. MAY OR AT'l'EST: -2- ' • • f ....... • 0 I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of June, 1976. ex officio City Clerk-Treas urer -3- ' • • - c • • MEMORANDUM TO: Andy McCown, City Manage r FROM: Bernard V. Berardini , City Attorney DATE: June 14, 1976 SUBJECT: MILITARY LEAVE We recently discussed the decision by the Arapahoe County District Court re~ating to the c la i m of a B. Thomas Lofft, previously employed with the City of Littleton, and a member of th State National Guard, who made a claim against the City of L.tttleton for military l e ave pay for the years that he was in attend ance on activ duty; but whose pay was proportiona ely reduced by the amount of military pay receive d dur.tng the ~er1od of activ duty W1lh th National Guard. Es ntially, Nr. L fft ' s claim was ll , th State statute authorized full pay from the Ci y of Littleton, in addition to the mil.tlary pay granted h1m a~ a m mber of the National Guard. Th City 's position w s that Mr. Lofft was not entitled to retain bo h the military nd c.tvilian p y, but should not incur an t loss as a r ult of he m1l1t ry pay. The Court disagrc 'd Lth lhe City 's co~t ntion, and nt red judgment for all back pay, plus int rest, which I understand the City of Littleton h s paid, and does no intend to appeal. I hav d.tscussed the case at with Mr. Nissler, City Attorn y of Littleton, ar.d h that 1n vi w of the f.tnding, th language of th ut , nd other uthor.ttJ s ci ed 1n th Cour op.tnion , that ny mod- .lf.tcat.ton o th revisions r 1 in o milit ry pay would h v to om from the St t 1 gial ure, nd not from th C1ty Councils of th ci i•a,wh.tch are now, nd hav b n, p y.tng only th diff o he loy who is c lled to c 1v du y. v prep Councll m t.tng o m11 Judic1 1 D1a t Wood of ' • , - ·-- ( Andy McCown, City Manager June 14, 1976 Page Two • • , . • I am enclosing a copy of the proposed Bill, together with the Orqer and Judgment of the District Court, entered May 26.; 1976. /: (,, 4 •. ,t/ / r/ ,\ ~ ,. BER~ARD V. B~RARD~N~ -et'ty Attorney ' B\tB /a I::nclo surc!. cc: K rl Noll nbery •r, Assi3tant City Manager/Enclosures Rich Lorig, Director of Personnel/Enclosures C reer s rvic Board/Enclosures Mayor and Memb rs of C1ty Council ' • • - --- (( • • • 4 J. RESOLUTION NO. ,;)_ t , SERIES OF 1976 A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NO. 14-76, ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, COLORADO FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. 20, Series of 1976; and WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinance shall b considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classif~cation, the City Planning and Zoning Commission held a Public H ar~ng on May 4, 1976 to zone said newly annexed paracel to I-1, Light Industrial District; and WHEREAS, the Planning nd Zoning Commission has cons~d r d th proposed amendment nd map change, and has subm~tt d ~ts favorable recomm ndation to the City Council th refor; nd WHEREAS, Zon~ng Ord.1.n nc Council on Jun land ccord.1.ng pursu nt to Section 22.3 of th Comprehensive Public H aring w s held before th City 7, 1976 to zon a id newly annexed parcel of o h bove cl ssific tion; nd TH th CouncJ.l h a r v.1. w d the evid nee taken ORE, 8 IT , COLORADO, -1- n a , reports and documents ion. OLVED BY THE CITY COUNCIL 0 a follows: • • , ....... ( • • Section 1. That the Findings of Fact and Conclusions contained in Case No. 14-76 relating to the zoning of a newly annexed parcel of land to the City of Englewood, Colorado, described as follows, from an unzoned classification to I-1, Light Industrial District, pursuant to Section 22.1-7 of the Com- prehensive Zoning Ordinance, heretofore presented to the City Council by the City Planning and Zoning Commission, are hereby approved and adopted: Lot 6, BELL ISLE GARDENS, Arapahoe County, Colorado Section 2. That a verified copy of said Findings of Fact and Conclusions are attached hereto and made a part of this Resolution as though fully set forth. ADOPTED AND APPROVED this 21st day of June, 1976. MAYOR ATTEST: x officio city Cl rk-Treasur r I, Willl D. J a, x off1cio City Cl rk-Tr a urer, of the City of Engl wood, Colorado, do h r by certify that the bov and for going is a ru , ccurat and complet copy of ~ solution No. , S ri a of 1976. x officio city Clerk-Tr asurer -2- • . ' • • r ' • - ----- CITY PLANNING A~n 7.0NINC. COMMJSSIO~ CITY OF ENr.u;:woon, COLORADO CASE 0 , 14-7o IN RE : THE ZONING 0F PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD TO I-1, LIGHT IN- OOSTRIAL ) ) ) ) FTNDINGS OF FACT, CON- CLUSIONS AND RECOMMENDATIONS. A Public Hearing was h lri ;n connection ~ith Case No. 14-76 on May 4, 1976 , in the Council Chambers a~ the Englewood City Hall , The following mPmbers of the City Planning and Zoning Commission werP present: Mr. Jones, Mr. Jorgenson, Mr . Parker, Mrs. Pierson , Mr. Don Smith , Mr. Tanguma, and Mr . Williams, The following members 0 1 the r.ommission wer absent : Mr. Ed Smith, and Mrs. Mae Wad e . FINDINGS OF FACT Upon r view of the PvidPnce taken in the form of testimony, presentation , reports, anct f 1 d rior.um nt , the Commission mnkP~ the following findin~s of fact . Th t proper notice of th meP ing to con id r th propo d zoning wa giv n by posting and publi hing. City T it 1 u ivin tiv • • 0 I • - -------- -2- Arapahoe COHI')t.y, and to the north, northeast and to the east \ of the north one-half of the subject site, the land is zoned R-3, Single-family Residential , by Arapahoe County. That to the east of the south one-half of the subject site and to the south and southwest, the land is in the City of Englewood and is zoned 1-1, Light Industrial. That the subject site was included in the area annexed to the City of Englewood in what was known as the Santa Fe - Union Annexation, and was proposed to be zoned 1-1, Light Industrial, by the City of Englewood prior to the time that the action on the annexation was voided . That the northern portion of the site is now and has been for some time used as an industrial storage lot and the house on the south portion of the lot is occupied and would become a Non-Conforming Use, under the 1-1, Light Industrial Zone District . That the property could not be fe asibly developed for a new residential sc; but it can be rAasonably developed un- der the I-1, Light Industrial District zoning, the regulations of which District will require cr ening on the east side of the subject site for that distance that it adjoins the property designated for single-famil y u That the proposed 1-1, Light Industrial Zone District, will not b in conflict with the Generalized Land Use Map which i incorporated in th Englewood Coaprehen•ive Plan. both po n w pa 1 -7 uri CONCLUSIONS o th Public H arin nd publi hing in th rald ntin 1. That th 1965 Municipal th City to brin any nd Zon n~ M p thin an ation . was giv n by of icial City o. • ,, . • • ----- -3- That the property has been uaed for a non-residential use previously, specifically as a run shop, and the north one- ha lf o f the property is now used for Industrial Storage while the south one-hal f is used as a residence which aay continue s uch occupancy as a Non-Con forain~ Use. Tha t t hP. proposed 1-1, Light Industrial Zone District wtll not b ~ ~n conflict with the Generalized Land Uae Map which is i 'l<:orporated in tbt~ Bnalewood Coaprebeuive Plan, ndop ted by Resolution No. 28, Seriea o f 1969, and auch zoniq wi ll cont inue to conserve and stabilir.A the value of property nnd pr oao t e t he health, sa f ety, aorala, and tbe 1enera1 wel-f are o f t he public. • . • • , -• • INTII-Ofiftel PWlC4tAHDUM Andy McCown, C~ty Manager ~ Kells Waggoner I) 1-. DAnL June 16, 1976 ~~~ SIGNALIZED PEDESTRIAN CROSSING ON FLOYD AVE., VICI ITY OF ROMANS PARK Recently, we ere asked to review a requ st for a pedestrian crossing on Floyd Avenue in th v~cinity of Romans P rk. Attached ~s a report from Brooks Taylor, Traffic Eng~neer, outl~ning the results of a survey to determ~n e th number of v hicl• s, gaps bet\l£>en vehicl s, and numb r of ped strians us1ng th r a in quest~on. The surv y was made dur~ng a s v n-hour p riod, nd essentially, shows that, on the average , her w re approx~mately one-and- one-half v h~cles pass~ng along Floyd Avenu each minu e, and t1a a p •des tr i n crossed, on the ave rag , one every four- nd-one-half m~nutes. The surv y also shows that th re re no less than two, and more often, three and four, gaps of suff1cien length for p destrians to cross the stre t uring ach minu e1 wh~ch ,essentially, means ha a pedestri n would no hav to wa1 more th n th1rty seconds 1n order to cross the street. Th ) lie or s approximat ly 22 of th v ling over 30 mph, wh n ' • - FROM: • ( --::..=.:: • - INT£R.OFFICE MEMORANDU M t• K<>lls Waggon r, Dlr ector of DAR: June 11, 1976 Public Works nrooks Taylor PARK REA ON E. ,._ A surv y was mad on E . Floyd ve. in th park arPa Var1ou· >iiUdi<> were> compl<.·t<.•d to d<'tc•rm'n" JUstiflcation f or a PC>clt• l1 '1~n signalized tl·ossing, and th r•su1ts ar<> n. iollo s: 1. I'VPy m:Jd1• b t\1. (>n A. I. and 3 P.M. 2. A tot.! of bOO motorL-:Pd vthic1 s (both dn <.t1 n) w•rc c·oun t l' • 3. A total 21 1. I , .1 lid 52 thl• }>ark. minut for "'' r made tl11 ou~:hout th 1 t Ill 2:w 251 n 01 t h s ' l 9 'H tward r to or t Ill' I /· I f' ' • - ( • • Memo to Kells Waggoner Park Area on E. Floyd Ave . Jun 11, 1976 Warrant #3, Minimum P destrian Volume, "This Warrant is satisfi d when, for ach of any 8 hours of an average day, the following traffi volumes x1st: 1. On the major stre t (E. Floyd), 600 r more vchicl s per hour. 2. During the sam 8 hours as abov , th re are 150 or more p•destrians p r hour. The r sults of this surv y do s not satisfy ith r of the two warrants. In as much as th problem i creat d by those xcc ding the spc d limit, p ssibly more conspicuous signing, and mor 1·ig1d law nfor nt "oulci h lp. A r qu •st •d, the ·timat d 'O t of ignal1zation 1~. Int Tot fiT / t ion Sign 1 t of Equ r nt lc nd Itth ·trl n :tctu t d: 70 .00. bld t of n llllt'I' l Equii m nt n<: th r i th , in mu h ·tu. t d. ~ /~ -v~ ,.'- f.n tn• ·r / bov they 0 tr1 n • • ( • • • - ----=------ C 0 N C L U S I 0 N S ------ OF SPEED BUMP TESTS BY CITY OF SAN JOSE , CALIFORN IA (From "Traffic Engineering ", Oc t obe r , 1975) 1 . The speed bumps tested are not e ff ective in reducing veh icle speed s . 2. Speed bumps present an immediate and specific hazard to some vehicles (bicycles, mo orcycl s , etc .) and a poten ial h zard to all vehicles .• 3. It is impossible to d sign an ffective , narrow speed bump for al l YPes of Vehicl s. 4 . Sp d bumps '-'OUld caus noise ollu ion in r sid ntial neighbo hoods . I I· • 0 - MEMORANDUM To: Andy McCown, City Manager From: William D. James, Director of Finance Date: June 16, 1976 Subject : Selection of Independent Auditing Firm for 1976 The Home Rule Charter r equires that an independent audit be made annually of all City accounts by a certified public accountant experienced in municipal accounting, and that the selection of the auditing firm shall be made by City Council. In or der that some continuity be established from year to year for the audit, I would recommend that City Council consider a three year contract for the foll owli1 n~'l"'e~HtS-r· ------------------- 1. Interim wor k ca n be accomplished throughout the year rather than waftin g unti l Octo ber to do thi s work. 2. The first year an auditing firm is with the City is basically becomin g familiar with the accountin g system and the City operatio ns as a whole. The thr e year contract would allow them to go into other areas other than accounting. 3. Periodically throughout the year, the Finance Depa rtment will require some assistance and advice from an independent auditor in carrying out the financial affairs of the City. The procedures over the three y ar con tract would be: l. After the first year there would be a performance revie by City Council. If the performance of the firm is satisfactory, there would b a two year rene wal option with fees being negotiated each year and with any increase be i ng justified. 2. At the end of the three year period, City Cou ncil wo uld initi- ate the auditor selection process by in terviewin g other auditing firms, as well as the existing auditing firm, if their perform- ance was satisfactory. This process would allow any new City Council members to have a voice in selecting an auditing firm, sine th three year perfod ould cover any n Council n. ' • • - • t• • ROLL CALL M ed S d d A Na Ab taf Ab t ov econ e ~e ~ s n sen WUl fams ~ Sovern r-"'-~ ~ .!!_ann _1/.c::::. ~rown ..!:::..L __!;_l~on v .!!_a.l_or .!.~or ~ v-- ' • • , • • • I • • -~- MEMORANDUM To: Andy McCown, City Manager From: William D. James, Director of Finance Date: June 16, 1976 Subject: Selection of Independent Auditing Firm f or 1976 The Home Rule Charter requires that an independent audit be made annually of all City accounts by a certified public accountant experienced in municipal accounti ng, and that the selection of the auditing firm shall be made by City Council. In order that some continuity be established from year to year for the audit, I _would recommend that City Council consider a three year contract for the to 11 ownnii'q""T'eiii"S1:H'15-i-" ------------------- 1. Interim work can be accomplished throughout the year rather than waiting until October to do this wor . 2. The f1rst y ar an auditing firm 1s with the City is basically becoming f amiliar with the accounting system and th e City operat1o ns as a whole. The thr e y ar contract ould allow th m to go into other areas other than accounting. 3. Periodically throughout the year, the Finance Department will re uire son •e assistance and advice from an independent auditor in carrying out the financial affairs of the City. The procedures over the three y ar contract would be: 1. After th first year there would be a performance review by City C un fl. If the performance of the firm is satisfactory, there would b a two year renewal option with fees being negotiated each year and with any increase being justified. 2. At th end of th three year period, City Council would initi- ate the auditor selection process by interviewing other auditing firms, as well as the existing auditing firm, i their perform- ance was satisfactory. This process would llow any n w City Council bers to have a voice in s lecting an auditing i inc th thre ye r p riod would cov r any ne Council n • , . - Andy McCown, City Manager Page 2 June 16, 1976 • 0 ,. • e en o t s two year per e se ection process be initiated y City Council. They have performed quite satisfactorily this year, especially in reference to the fixed asset program that required substantial effort of the City staff and the auditing firm to complete the project by year end . Also, Mr. Shepherd fs familiar with the City's operations as a whole; and he has endeavored to co ntinually improve on the City's financial report and the accountin g system. ?/7-,.?~. Wfllfa 0. James Dfrector of Finane J/kv ,_ • • • -•. • to • ROLL CALL "' ed s d d ov econ e ~e !.l. s n sen WHliams .,_ So vern r A Na Ab tai Ab t ~ ~'-~ann VL ...!!_rowt'l ~ J:..!.~on v .!!!lOr .!.~lor ..JII!t!"' . ~ • • • • I• • ROLL CALL Moved S d d A econ e \Ve Nay Abstain Absent Williams t/ Sovern v / Sln1th y Mann !/ ,,.....-Brown 1/ Clayton / Mayor Taylor • • • -•. • h • ROLL CALL Moved Seconded Williams Ave Nav Abstain Absent Sovern :>rtlltl'l Mann Brown ClaYton Mayor Taylor / ' ....£~</ -y If/~>('. " .. ~~, pr/A C7.-4 ( r/~ ·;f.L.~f-- • • • - 0 , . • Moved Seconded Williams Ave Nav Abstain Sovern I I Absent --._... SITI1tn -Mann -Brown - I-C avton -L Mayor Taylor I I :=j ' • • , • -• . 0 • ROLL CALL ' • • • -•. 0 , • • on e Ave Nav __......-Wi 11 iams {/ Abstain Absent So vern t/ .--;)!!11th (/ l'lann v/ Brown v t.laytJn v l'lavor lavlor ' :Yo ~7 ) c./?5<- l:L~(---· e ..... • • I • -•. • •, • ROLL CALL Moved Seconded ~e Na_y Abstain Absent Wf]lfams ~ ......-Sovem y ~ ..k' _"-lnn ~ ,_ BrOW! 1/ A ~~ton ~ _"-lyor _!~or Y7 •C f·;;:<~ . ".:/~(~ ~lc-.t-::. Y'/, \.\\. (..· . I ~ .... ------=--- 7, 1 "'! p J • , 7 " c. I "I ~" } • ~ ~ " ·' S 1 6 ..;._. /II fV(' of ;.. II;!,.. £ 1 1 ~~«..)<.,d. (l" 0: ~ ' .S ;'VI t; /t:J .-r_ 1k a.r:l-: ~ f' "· /L•.l ~~ - "l .. .f t -1 .., . .s ,/fl r co J • ($ ··f « ( . • c ' r ~' "I 1 . c s ·/f' ...-\. t1l/ Ctt··o • • , • - • t• • ROLL CALL d A Moved Secon ed ~e Nay sta n sent v Williams e/.L So vern _v.,... _(../" ~11_n _!"'_L ~ann VL _!lrown ~ .... _Ciay_ton ~ ~a1_or _!~or Ab Ab ' • • • -•. • • ~-- ROLL CALL M ed s d d A Na ov econ e ~e ~ s n sen ~ Wil_liams ~ ~ So vern 1£::::..::.. ~ 1!::::: .JL.... Mann ..!:::::_L ~rown k ~~on ...!::::.. _!'la..i'_Or _! al'.!_or Ab tai Ab t .. • • • - 0 h • ROLL CALL M ed S d d A N Ab tai Ab t ov econ e ~e .::. «!l s n sen ..---Williams ..!::::._ Sovern _ ....... 2!!!!_tn ._.. <./"' _'!ann ~ jlrown ..!:"_ ..f..!~on ~ _'!~or _I~or ' • • • • -•. • t• • -- ROLL CALL M d S d d ove econ e ~e •!.l_ s n sen Williams .,. v-Severn ..:::::._ _;:,m~ ,.!:::..,.-_ ~ _!!ann "'L _!rown ~ ~~on .iC.. __!'!~or ~~or A Ab t Na Ab tai • • • 0 • , • -•. 0 I• • '--- ROLL CALL s d d A Na Ab Ab Moved econ e ~e .... ly sta n sent Williams , Sovern _:"" ...t.:::::::.. ~~ _:::_c:_ !!_ann ~ L L_ __[rown "' _1._1~on -_!!~or ..!'!l..!.Or • • • • , • ,_ -• . • • !!.QLL CA!:!:. Moved S co d d e n e .. ~e !!.l. Wi..!.l iams _-So vern ..:::. ~ ~ ..!:!_ann ..::::... 1::. -!f'OW11 --=-.;;!~on ..:::::. ..!:!.'!l_Or ..!. ~or A Na Abstain Absent • • • , • -• • ------ ROLL CALL M ed S d d A N Ab tai Ab t ov econ e ~e '!l s n sen Williams J/ L_ So vern Y',_ :,m1tn " _i:"' ~ann ...!::::' Brown ............... .ra~ton "" ~<!lor _Ia..l!or • • • • , • - • t• • ROLL CALL Mov . econde A ~e Nay A bstain A bsent Williams v So vern ~/"'" . 5m1th ,_../ Mann .-" s_rown ,_.... {;layton ............ Mayor Taylor • • • , • -•. 0 (• • ROLL CALL Na A ov econ e ~e !.Y bsta fn Absent Williams .!:::::_ (....--" So vern ~ ~ ~ ~ . lllann ....... A ..!_rown ..!:::_ 1::::: B~on ~ _lll~or IayJor • • • • I • -• • l • • ROLL CALL M ed S d d A ov econ e ~e !.l. s n sen Wi_!_l iams ~ ~ 2_overn L .s.:::::::::_ ~ ~ ~nn ~ _Brown ~ ..£!_~on ~ Na Ab tai Ab t ~a..l_or _!_~or • • • • • • ROLL CALL M ed S d d ov econ e ~e !L s n sen Wi_ll iams ~ So vern ~ -~ ..!::::::_ ~nn _[./ ,__.... ~rown ..!:::::::._ ~~on ...f..:::::::_ _!!ayor la)'Jor A Ab t Na Ab taf ' • • I • • 0 I • • ROLL CALL M ed S d A Ab Ab ov econ ed ~e Na_.y_ sta n sent Williams !"':_ So vern J"": ~ v Mann 1/ ~rown L..--" __ (;_I_ q_ton -l'layor 1~1or • • , • • -• t• • ----- ROll CAll M ed S d d A Na Ab taf ov econ e ~e ~ s WUlfams _!:"" So vern ~ ~ ~ .!!!_nn .::::::. ~rown _ ..... ~'!.non ..!::::::::._ J!!tor ..!.. l.l.!_ or • n Ab t sen , ' .. • • • , • -• , . ·, • ROLL CALL M ed S d d ov econ e ~e .,. !Y sta n sent Williams _!' ~ ~overn L ~~ L_ «--~nn ..::::::_ _!_rown ~ ~a..l!_on .:::::__ ~or _!~or A Ab Na Ab ' • • t • -• t• • ~y -t~ --::9,._ y ...Jl: ROLL CALL c{. ~ -~ 3 • I 'tf ) Moved ~ Seconded (! • • -·~ • t• • ROLL CALL Moved Seconded ~ e ,.. ay stain Absent Wil Hams A N Ab _k---So vern ::,m!!_h _lilann Brown ~~on L _l'layor _!~or • • , • -• • ROLL CALL Moved Seconded Aye Nay Abstain Absent ..........-Williams ,/' So vern J/ =>mltn ,/ .-Mann v BN*n v Clayton V' l'layor Taylor .. • • • • t• • ~ C!-j. i.. ~ ~ ~ -G.. 't...lo_ ~ c;;___J!.._ ~~CL1o .-ROJI'"' CALL ) l.. Absent • • • -•. • t• • ROLL CALL ov econ e ~e ~ sta n sent WfJlfams /~ t--2_overn v- M ed S d d A Na Ab Ab ..L..::::::::_ 2!!!.!E!. ..e::::_ ~nn ..=:::. ~rown ..:::::::: ~~on ..i::::::::.. _!!!lor _!~or C_Q~ ~:> ~1 ~~ ~~--..----....- '~o.::;...---. p_e:_ • • -• • . • ' ~:rf~ #f'~ ~tfl),~r ~ 41//0 . ROLL CALL a/~oved Seconded ~~~ • . ,. . .. • • • - • t • • ---~~----------------~~._--~==~~=------ M ed S dd ov econ e ~e !L s n sen Williams .- '-So vern ~ t--~ ...!:::::::: .!!.!_nn v- A Na Ab taf Ab t ~rown ~ J:..!~on ~ ~or _!a_l!or • • • • • - • ·~----------------~~~------~~---~ ROLL CALL Moved Seconded Abstain Absent s ~ u o • • • I • - • t• • n e Ave Nav Abstain Williams v Absent .__---So vern ..;;. v-:>mltn 1.--' ann 1./ Brown ~ . layton c.- ~ayor Taylor ':b . ~f--or~~Lk-~--~~ ~~ ~~.k-~ ' ~a- • • , • - • t• • 1 Abstain Absent " • • • , . , • -•. 0 ,, • e we Nav Abstain Absent Williams /_./ ---So vern ----!...-~1tn ....... Mann (.,/" Brown !..-"""" Cla.Y~on v-- MaYor Taylor .. • • • • - 0 t• • ROLL CALL M ed S dd ov econ e Ave Nav Absta 1 n Absent Wi 11 iams c/ So vern v Sm1th V' lfann v !frown ./ Timon 1/ lfavor Taylor _,e._ __ • • I • • -·- • I• • ROLL CALL Abstain Absent • • • • -• . • • • • • - 0 I• • ROLL CALL Moved Seco~ed Na_y Aye Abstain Williams Absent 621 ~or _!a_t!or • •