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HomeMy WebLinkAbout1976-10-04 (Regular) Meeting Agenda Packet7:30P.M. 1. 2 . ~) 3 . ____../ 4 . • ( • ) y J )' ) • (a) (-a) • - AGENDA FOR THE RE AR MEETING OF THE ENGLEWO CITY COUNCIL OCOTOB 4, 1976 present Women 's To Communications -No (a) Minutes of meeting of (~ Minu (c) Min (d) • " . ,. e ' a t:!:QD _ C ollllll.lss~ n (Copies enclosed .) I • • . I ·' \ ! I or ( • • • • • Page 2 Octo b er 4 , 1976 Agenda 4. Communications -n Recommended (Continued). (e) Mem o randum from the irector of Finance to the City Manager concern ng_remodeling at Arnie 's Lounge , 467 So~ B oadWay . (Copies enclosed .) 5 . Com r /'"• ""' "" -c .,1; ';-' 6. (a) (c) (d ) (i) (11) r:.. (Copies enclosed .) Re q uest for 3.2 b~~~~ 1 e v e n-S.ta.r:e_. e n closed .) City Attorney . Ordinances on Final (a) ,_ ' -- I • • 0 ·' \ ! ' • -'('• • • • 0 - Page 3 October 4 , 1976 Agenda 6. City Attar (Continued). (b) Ordinance of Englewoo Crane Se rvice Company easement and temporary c (Copies enclosed .) (c) fixing a license tax on all •• )J.' oev- 11.4.. ~ Bills f or Ordinances . (d ) (e) (f) Other Matters . ( :0---ffeq u e st _,,:;;.--code . • in the busines ente inment or and collection lties f o r the opies e n closed .) I • • 0 . ' - • • ( • • 0 • Page 4 October 4 , 1976 Agenda 7 . City (c the (d) Mem orandum from the Assista C1~ r concern in ~~~~~,-~~~~~--- (Copies enclose . (f) 8 . 9. Gene ra l Discussion . (a) Mayor 1 s Kar l Nollenberger Assist ant City Manager ' Recreation s weepstakes (Copies enclosed .) •. .. I • • 0 f 32x·l . , .• \ ! I 'r ( ( ( • REGULAR MEETING: • • COUNCIL CHAMBER S CITY OF EN GLEWOO D, COLORAD O September 20, 1976 I a. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 20, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was g iven by Reverend J . Stanley Fixter, Englewood United Methodist Church, 3885 South Broadway . The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor a sked fo r r o l l c all. Up o n the c a l l o f the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager McCown Assistant City Manager Nollenberger City Attorney Berardini Deputy City Clerk Varner * * * * * * COUNCIUIAN ~!ANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTE~ffiER 7, 1976 . Councilman Williams seconded the motion. Upon a call of the ro l l, the v o te resulted as follows : Ayes: Council Members Wi ll i a ms, So vern, Sm i th, Brown, Mann, Clayton , Taylor. Nays : None. The Mayor declared the mo tio n c arried . COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF SEPTE~ffiER 13, 1976. Counc ilman Smith seconded the motion . Upon a call of the roll, the v ote resulted as follows: Ayes: Council ~tembers Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried . * * * * * * .. I • • , • • • Sep t embe r 20 , 1976 Page 2 • 0 - Bill Allen , Post Commander, and Alan Rice , Junior Vice-Comma nde r, of Veterans of Foreign Wars Pos t #322 , presen t ed a placque t o Mayo r Ta ylor expre ssing app r ecia tion of Council 's participa tion in the Budd y Poppy Program. * * * * * * COUNCILMAN CLAY TON MOVED TO ALLO W GLENN SAUNDERS TO SPEAK AT TiiiS TIME , AND TO ALLOW M. M. SUMMERS TO SPEAK AFTER WE OTHER PRE-SCHEDULED VISITORS. Councilman Mann seconded the motion . Upon a call of the roll, the vote re s ulted as f ollo ws : Ayes : Council Members Williams , Severn, Smith , Brown, Mann, Clayton, Taylo r. Nays : None . The May o r decla r ed th e motion ca rried. Attorney Glenn Saunders stated tha t the United States Army Engineers is trying to control all of the navigable water systems in the United States under an ac t which contains many re gulations and which would require permits for any wo rk to be done, such as on the Platte River or ~!cLellan Reservoir. He stated that there is an amendment pending in Congress whi ch would take care of this matter in the western states called the Wright Amendment. Mr . Saunders noted that the act would damage the whole economy and is contrary t o the best interests of the community. ) COUNCILMAN SOVERN MOVED TO INSTRUCT THE CITY ~lANAGER AND CITY ATTORNEY TO SEND A TELEGRAM FOLLOWED BY A LETTER TO SENATOR HART AND TO SEND LETTER S TO TiiE ENTIRE CONGRESSIONAL DELEG ATION EXP RESSING CITY COUNCIL'S DESIRE FOR THE WRIGHT AMENDMENT TO BE PA SS ED. Coun c ilman ~!ann seconded the motion . Upon a call of the roll, th e vote resulted as follows: Ayes : Council Members Williams , Sovern , Smith , Brown, Mann, Clayton, Taylor. Na ys: None . The May o r declared the motion ca rried • * * * * * * Attorney Joel Davis, l966-13th Street, Boulder, appeared represent- ing Fiftee nth Street Corpora tion to r e quest the transfer of the liquor license f r om En2lewood Builders Finance Corporation, d/b/a Los Arnigos Inn , 4595 So uth Santa Fe Drive, t o Fifteenth Street Corporation. He stated that the three principa ls involved with Fif t eenth Street Corporation a re James Karagas , President , Angello Karagas , Secretary-Treasurer, a nd Torn Mellos, Vi ce President . Attorney Ike Kaiser appeared r ep resenting the present owners of the es tablishment, Englewood Builders Finan ce Corporation. He reviewed the background information of this opera tion. • I • 0 - • • ( • SeptPmb r 20 , 1976 PagP 3 • 0 - Tom Mellos, 2100 Ella Street, Golden, sta ted this establishment will be turn d into a family restaurant with meals consisting of approximately 55-607. of th bu s iness. He stated they will be open six days a week from 11:00 a.m . to 2:00a .m., and that they plan to open six to eight weeks after the tentative closing date of October 1, 1976. Mr. Mellos further stated that he will manage this establishment entirely . COUNCiLMAN SOVERN MOVED TO REISSUE THE EXISTING LIQUOR LICENSE OF ENGLEWOOD BUlLDERS FINANCE CORPORATION TO FIFTEENTH STREET CORPORATION. Councilman Williams second ed the motion . Co un cilman Severn pointed out that many businessmen and families need a good restaurant open late in the evening because of busy schedules and tTaveling. Mr. Mellos reviewed the tentative floor plans. He stated that the planned remodeling will cost approximately $80,000, with the outside and parking lot to be renovated . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Attorney Richard Dittemore, Sui te 870 -Continental National Bank Building, appeared representing In terstate Leisure, Inc ., d/b/a Funway Fr e way, con erning the propos d amusement or entertainment tax . He stated that his client is a coin operated business and that the tax would have to be totally absorbed by the operator because of competitive prices in neighboring areas . Hr . Dittemore suggested an increase in the present amusement tax, which would require payment and reporting only once a year. Ue stated that his clien t is willing to provide off-duty policemen if ne cessary for a well-run business . He added that this tax is unfair upon one type of business and that its impact would not be to the best interests of the commu nity . * * * * * * Les Howe, owner of Sport Bowl, 3295 South Broadway, stated that the proposed amusement tax would place his business at a competitive disadvanta ge . He stated that this tax could destroy his business and could destroy the economic clima te in Englewood for present businessmen and future investors. * * * * * * •• ,_ I • • . , ' r 'r • • • - September 20 , 1976 Page 4 Attorney Stuart Ben nett appea red representing Gen ral Cinema Co rpor a tion , owner and ope r a tor of Cinderella City th ea tres. He stated tha t the proposed amusement tax would place Ge neral Cinema Corpora tion at a com petitive disadvantage, would result in increased cos t s to Englewood residents, a nd mi ght no t increase reve nues because shopping c ustome rs may go elsewhere . Mr. Bennett presented a petition to City Council co ntaining 270 signatures in opposition t o the t ax . ****** Atto rney Gilbert Go ldstein a ppeared representing Bowl-0 -M at , I n c ., 4900 South Federal Boulevard . He presented petitions t o City Council containing 3 ,000 signatures obtained in loca l bowling all eys , with approxi- ma tely 800-900 signatu r es of Englewood residents, in opposition t o the proposed amu sement tax. He pointed out that this t ax would make Eng lewood bowlin g alleys n o ncompetitive, and that many bowlin g c ustomers f rom o ut side the City also s hop and p ay En glewood sales t ax . Mr . Goldstein questioned the lega lity of th is t ax , and he stated that it is ac tually a tax upon g ross income whic h the City is prohibi t e d from passing by the constitution of the State of Colo rado. ****** Mayor Taylor declared a re cess a t 9 :00 p .m. Council reconvened a t 9:20 p.m. Upon a call of the roll, the fo llowing were present: Council Members Williams, Severn , Smith, Brown , Mann, Clay t o n , and Mayor Taylor . Absent: None . Mayo r Taylor declared a qu o rum present . * * * * * * M. M. Summe rs, 3140 South De laware , was present concernin g City Coun cil 's sala ries. He stated that the Council members need a raise becaus e they have not had an increase for over six yea r s . Mr. Summers proposed that t he present ordinan ce be repealed and that a new ordinance be dra ~m up appoin tin g three persons t o set these salaries • re ceived : * * * * * * "Co mmunications -No Action Re c ommended" on the agenda were a . Minutes of the Planning and Zoning Commission mee tin g of August 17, 1976 . b . Minutes of the Denver Regional Council of Gove rn- me nts meeting of August 18, 1976. c . Financial report for the month of August 1976. ****** •• ) I • • 0 . , - ( • • ( • Septemb e r 20 , 1~76 Page 5 • - COUNCILMAN SO VERN MOVED TO GRANT A DRAINAGE WAY AND RETAINING WALL ENCROACHMENT AT 3500 SOU'Dl CORONA FOR DENVER COMMERCIAL BUILDERS. Councilman Ma nn seconded the motio n. Assistant Ci t y Ma nager Nollenberger explained that the applicant is requesting an e i ght foot encroachment on Ci t y property into th e South Co r ona St r eet right-o f -w ay t o al l ow for a twelve inch drainage way and a six i n c h retainin g wall . Wa rren Wag o ner appeare d representing Denver Comm ercial Builders, owners of the property at 35 00 So uth Coro na . Mr. Wagoner noted that this is s ub jec t t o fi na l approva l by th e City En g ineers Department. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams , So vern, Smith, Brown, Mann, Clayton, Taylor . Nays : None . The Mayo r de cla r ed the motion c arried. ****** City ~1a nag e r Mc Co wn presented a proclamation declarinj!, September 25, 1976 as Hunting a nd Fishing Day . He also presented a proclama tion declaring October 2 , 1976 as Englewood Town Me etin g '76 Day. COU NCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN BOTH OF THES E PROCLAMATIONS . Councilman Mann seconded the motion. Upon a call of the roll, the v o t e resulted as follows : Ayes : Coun c il Members Williams, Sovern, Smith, Brown, Mann, Clayton , Taylo r. Nays: None. The Mayo r dec lared the mo tion carried. ****** City Manager McCown presented a memorandum from the Director of Finance and the Direc tor of Parks and Recreation concerning bids for supply- ing golf course equipment . Th e low bids received are as follows: Item A-flail mo wer-Mitchell Equipment-$1 ,296 .75 Item B -g r eens ae rator -L. L. Johnson Distributing -$4 ,056.00 Item C -greens mower -Boyd Distributing -$3,155 .00 I tem D -fai rway tractor -Boyd Distributing-$12,089.00 Item E -turf sweeper -Boyd Distributing -$2,928 .00 I t em F-top dresser-Boyd Distributing-$1,147.00 Item G --utility trac tor-Denver East Machinery-$7 ,841.70 Item H -turf ae rator -Boyd Distributing -$1,483.00 • -1 I • • • • • Se ptemb e r 20, 197 6 Page 6 • 0 - COUNCILMAN BROWN MOVED TO ACCEPT THE LOW BID S AS PRESENTED FOR THE GOLF COURSE EQUIPMENT IN TH E TOT AL AMOUNT OF $33,996 .45. Councilman Mann sec onded the motion. Upon a cal l o f the roll, the vote resulted as follows: Ayes : Council Members Williams, Severn, Smith, Brown , Mann, Clayton, Taylor . Nays: None. The Mayor declared t he motion carried . ****** City Attorney Berardini present e d a Bill for an Ordinance levying and fixing a tax on businesses providin>; entertainment o r amusement. COUNCILMAN SO VERN MOVED TO POSTPONE THIS I TE}I UNTIL THE CITY COUNCIL MEETING ON OCTO BER 4 , 1976 , PENDING EXAMINATION OF ITEMS BROUGHT FORTH AT THIS MEETING ; AND SETTING A STUDY SESSION FOR SEPTEMBER 23 , 1976 AT 5 :00 P .M. Councilman Smi t h seconded the motion . Councilma n Sovern stated that this tax is an effort not to h a v e to decrease services an d also so that the City does not have t o de pend so heavily on sales tax . Upon a call of the r oll , the vo t e r esu lted as follo ws: Ayes : Council Members Severn, Smith, Brown , Clayton , Taylo r . Nays : Council Membe r s Williams , Mann . The Mayo r declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTH ORITY ORDINANCE NO. 46 SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 5 , TITLE I (ADMINISTRATION) OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CREATING THE DEPARTI1ENTS OF 'WASTEWATER TREATIIENT' AND 'ENGINEERING SERVICES '; ESTABLISHING DEPARTMENT HEADS THEREFORE, AND DEFINING THE DUTIES THEREOF . COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO . 46, SERIES OF 1976 , ON FINAL READING . Councilman Seve rn second e d the mo t ion . Upon a call of the roll , the vote res u lted as follows : Ayes: Council Members Williams , Se v e rn, Smith , Brown , Clayton , Taylor . • • ... ) I • • - ( • • ( • September 20, 1976 Page 7 • - Nays: Co un c il Member Mann. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCIUIAN SHITH A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO . RELATING TO A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT . COUNCILMAN SHI TH MOVED TO PASS ON FIRS T READING A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWE EN THE CITY OF ENGLEWOOD , COLORADO, THE CITY OF LITTLETON, COLORADO , AND MOTOR CRANE SERVICE CO. RELATING TO A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT . Councilman Brown seconded the motion . Upon a call of th e roll, the vote resulted as follows : Ayes: Council Member s Willia ms , Sovern, Smith, Brown, Mann , Clayton, Taylor. Nays: None . The Mayor declared the motion carried . ****** INTRO DUCED AS A BILL BY COUNCIL}IAN SOVERN A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5 , CHAPTER 4, TITLE XV , OF THE 1969 ENGLEWOOD ~illNICIPAL CODE, AS AMENDED , BY INCREASING SEWER TAP FEES AND INCRE ASIN G THE COST OF SEWER MAIN EXTENSIONS , WITHIN THE IN DUSTRIAL AND CO~ffi RCIAL AREAS, BOTH INSIDE AND OUTSIDE , THE CORPORATE LIMITS OF THE CITY OF ENGLEI-lOOD . COUNCIL~IAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED , BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF SEWER ~lAIN EXTENSIONS, WITHIN THE INDUSTRIAL AND CO~~ffiRCIAL AREAS, BOTH INSIDE AND OU TSIDE, THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD . Councilman Smith seconded the motion . Upon a call of the roll, the vo te resulted as follows : Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clayton, Taylor . Nays: None . The Mayor declared the motion carried. ****** •• . , • • • • • September 20, 1976 Page 8 RESOLUTION NO. 45 , SERIES OF 1976 • .. A RESOLUTION APPOINTING MARTIN P . MILLER AS SPECIAL COUNSEL, FOR THE PURPOSE OF HEARIN G EVIDENCE OF ALLEGED VIOLATIONS OF THE COLORADO LIQUOR CODE BY KENNETH E . CHANDLER D/B/A BACK DOOR DISCOUNT LI QUORS AT 5450 SOUTH BROADWAY, ENGLEWOOD, COLORADO, ON OCTOBER 11, 1976. COUNCIL~~N MANN MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1976. Coun cilman So vern seconded the motion. Upo n a cal l of the roll , the vote resulted as follows: Ayes: Council Memb ers Williams, Sovern , Smith , Brown , Mann , Clayton, Taylor. Nays: None. The Mayor declared th e motion carried . * * * * * * RESOLUTION NO. 46, SERIES OF 1976 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS , DIVISION OF HIGHWAYS , STATE OF COLORADO , RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-7354(2), DARTMOUTH AVENUE FROM DELAWARE STREET TO LOGAN STREET , CITY OF ENGLEWOOD . COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 46 , SERIES OF 1976 . Councilman ~~n n seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams, Sove r n, Smith, Brown , Mann, Clayton, Taylor. Nay s: None . The May o r dec lared the motion carried . * * * * * * City Manager McCown present ed a memorandum from the Assistant City Manager concerning Council meeting nights. Mr. McCown noted that the problems involved with changing Council meetings from Monday nights revolve around meeting nights of other boards and commissions and publica tion deadlines. After discussion, Mayor Taylor ruled that this matter be dropped • * * * * * * City Manager McCown presented a memorandum from the Director of Public Works concerning the traffic problem on East Floyd Avenue in the vic inity of Romans Park. This memorandum recommends that a concentrated speeding enforcement effort be made by the Police Department and that pedestrian crossings be installed only if this is no t effective. • • ) . , • • ( • , . Se pt Pmber 20 , I " 76 Pa ge 9 • - COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF AN INTEN SIFIED ENFORCE~lliNT EFFORT ON EAST FLOYD AVENUE, AND THAT THE RESUL TS BE REVIEWED. Councilman So ve rn seconde d the mo tion . Upon a call of the roll, th e vote r esul t ed as follows: Ayes: Council Members Williams , Severn, Smith, Brown, Mann, Clayton , Taylor . Nays: None . The Mayor declared the motion carried . ****** City Man age r McCown presented a memorandum concerning reallocation of funds for e xpansion of th e libra r y . He explained that Congress has approve d a special Public Works Bill in the amount of $2 billion with priority to be given to those projects that are ready to go to bid and which ca n achieve labor on site as soon as possible. He stated that this Public Works Bill provides for 100% federal f undin g of approved projects. RESOLUTION NO. 47 , SERIES OF 1976 A RESOLUTION APPROPRIATING FUNDS IN THE PUB LIC IMPROVEMENT FUND . COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 47 , SERIES OF 19 76 . Coun c ilman Brown s econded the motion . Upon a call of the roll , the vote resulted a s foll ows: Ayes: Council Members Wil liams , Severn , Smith , Brown, Mann, Clayton, Taylo r . Nays: Non e . The May o r declared th e motion ca rrie d. CO NCILMAN SNITH MOVED TO AUTHORIZE THE FILING OF THE APPLICATIONS FOR THE PUBLIC WORKS BILL PROJECTS; TO SUBSCRIBE TO TH E UNDERSTANDINGS OF ASSURANCES CON TAINED lN THEM ; TO AUTHORIZE THE CITY MANAGER TO ACT AS THE CITY 'S REPRESENTATIV E IN CONNECTION WITH THE APPLICATIONS ; AND THAT THE FOLLOWING PROJECTS BE APPLIED FOR : (1) LIBRARY EXPANSION, (2) CITY HALL REMODELING OF COUNCIL CHAMBERS , (3) PAVING OF CLARKSON FROM U.S .285 TO BELLEVIEW , (4) EXP ANSION OF FIRE TRAINING FACILITY , (5) BROADWAY WIDENING FROM YALE TO FLOYD , (6) BROADWAY BEAUTIFICATION PROGRAM, (7) LEHOW BRIDGE, (8) PLATTE RIVER AND LITTLE DRY CREEK BRIDGE , (9) REHABILITATION OF 12 INCH BROADWAY WAT ER LINES, (10) REPLACEMENT OF WATER LINES , AND (11) RELOCATION OF McLELLAN PUMP STATION . Councilman Se vern seconded the motion. Upon a ca ll of the roll, the vote resulted as follows: Ayes : Council Me mbers Williams , Sovern , Smith, Brown, Mann, Clayton , Taylo r. • . 1 I • ' • • • September 20 , 1976 Page 10 Nays: None . • - The Mayor declared the motion carried. ****** I• Councilman Sovern stated that he had been co ntacted by a Sheridan City Council member concerning a joint paving district fo r Zuni Street from Dartmouth Avenue south . He requested that the staff look into this matter. Councilman Sovern noted that DRCOG is presently looking at legislation concerning water consumption . ****** Mayor Taylor announced that there will be no Mayor 's Coffee on September 23 , but that there will be a trip on that day to the Ranch Creek project near Fraser, Colorado. ****** COUNCILMAN BROWN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A BILL FOR AN ORDINANCE PROVIDING FOR COUNCIL SALARIES AS FOLLOWS : MAYOR - $250; MAYOR PRO TEM -$225; COUNCIL MEMBERS -$200 . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Smith, Brown, Mann , Clay t on . Nays: Council Members Sovern, Taylor. The Mayor declared the motion carried . ****** Mayor Taylor adjourned the City Council meeting at 11:12 p .m • Deputy City Clerk • .. ,• I 'r ' I • • • • REGULAR MEETING: • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 20, 1976 I fl. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 20, 1976 at 7:30 p .m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend J. Stanley Fixter, Englewood United Methodist Church, 3885 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor asked for roll call. Upon the call of the roll, the following were present : Council Members Williams, Severn, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a qu orum present . Also present were: City Manager McCown Assistant City Manager Nollenberger City Attorney Berardini Deputy City Clerk Varner * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTE~ffiER 7, 1976 . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Smith, Brown, Mann, Clayton , Taylor . Nays: None. The Mayor declared the motion carried • COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY COUN CIL MEETING OF SEPTEMBER 13, 1976. Councilman Smith seconded the motion . 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. ****** • ' I • • f - • • September 20, 1976 Page 2 • 0 - Bill Allen, Post Commander, and Alan Rice, Junior Vice-Commander, of Veterans of Foreign Wars Post #322, presented a placque to Mayor Taylor expressing appreciation of Council 's participation in the Buddy Poppy Program. * * * * * * COUNCILMAN CLAYTON MOVED TO ALLOW GLENN SAUNDERS TO SPEAK AT THIS TIME, AND TO ALLOI-1 M. M. SUMMERS TO SPEAK AFTER THE OTHER PRE-SCHEDULED VISITORS . Councilman Mann seconded the motion . 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. Attorney Glenn Saunders stated that the United States Army Engineers is trying to control all of the navigable water systems in the United States under an act which contains many regulations and which would require permits for any work to be done, such as on the Platte River or McLellan Reservoir . He stated that there is an amendment pending in Congress which would take care of this matter in the western states called the Wright Amendment . Mr. Saunders noted that the act would damage the whole economy and is contrary to the best interests of the community. COUNCILMAN SOVERN MOVED TO INSTRUCT THE CITY MANAGER AND CITY ATTORNEY TO SEND A TELEGRAM FOLLOWED BY A LETTER TO SENATOR HART AND TO SEND LETTERS TO THE ENTIRE CONGRESSIONAL DELEGATION EXPRESSING CITY COUNCIL'S DESIRE FOR THE WRIGHT AMENDMENT TO BE PASSED. Councilman Mann seconded the motion . 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 • * * * * * * Attorney Joel Davis, 1966-13th Street, Boulder, appeared represent- ing Fifteenth Street Corporation to request the transfer of the liquor license from Enelewood Builders Finance Corporation, d/b/a Los Amigos Inn, 4595 South Santa Fe Drive, to Fifteenth Street Corporation. He stated that the three principals involved with Fifteenth Street Corporation are James Karagas .. President, Angello Karagas, Secretary-Treasurer, and Tom Mellos, Vice President. Attorney Ike Kaiser appeared representing the present o~1ers of the establishment , Englewood Builders Finance Corporation. He reviewed the background information of this operation. • . . I • • ' - • • September 20, 1976 Page 3 • • Tom Mellos, 2100 Ella Street, Golden, stated this establishment will be turned into a family restaurant with meals consisting of approximately 55-60% of the business. He stated they will be open six days a week from 11:00 a.m. to 2:00 a .m., and that they plan to open six to eight weeks after the tentative closing date of October 1, 1976 . Mr. Mellos further stated that he will manage this establishment entirely. COUNCILMAN SOVERN MOVED TO REISSUE THE EXISTING LIQUOR LICENSE OF ENGLEI~OOD BUILDERS FINANCE CORPORATION TO FIFTEENTH STREET CORPORATION. Coun c ilman Williams seconded the motion. Councilman Sovern pointed out that many businessmen and families need a good restaurant open late in the evening because of busy schedules and traveling. Mr. Mellos reviewed the tentative floor plans. He stated that the planned remodeling will cost approximately $80,000 , with the outside and parking lot to be renovated. 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. * * * * * * Attorney Richard Dittemore, Suite 870 -Continental National Bank Building, appeared representing Interstate Leisure, Inc., d/b/a Funway Freeway, concerning the proposed amusement or entertainment tax. He stated that his client is a coin operated business and that the tax would have to be totally absorbed by the operator because of competitive prices in neighboring areas. Mr. Dittemore suggested an increase in the present amusement tax, which would require payment and reporting only once a year . He stated that his client is willing to provide off-duty policemen if necessary for a well-run business. He added that this tax is unfair upon one type of business and that its impact would not be to the best interests of the communi ty. * * * * * * Les Howe, owner of Sport Bowl, 3295 South Broadway, stated that the proposed amusement tax would place his business at a competitive disadvantage. He stated that this tax could destroy his business and could destroy the economic climate in Englewood for present businessmen and future investors. ****** • ,_ I • • 0 ·' . , I r ' f 'r - • • • September 20, 1976 Page 4 Attorney Stuart Bennett appeared representing General Cinema Corporation, owner and operator of Cinderella City theatres. He stated that the proposed amusement tax would place General Cinema Corporation at a competitive disadvantage, would result in increased costs to Englewood residents, and might not increase revenues because shopping c ustomers may go elsewhere. Mr. Bennett presented a petition to City Council containing 270 signatures in opposition to the tax. ****** Attorney Gilbert Goldstein appeared representing Bowl-0-Mat, Inc., 4900 South Federal Boulevard . He presented petitions to City Council containing 3,000 signatures obtained in local bowling alleys, with approxi- mately 800-900 signatures of Englewood residen ts, in opposition to the proposed amusement tax. He pointed out that this tax would make Englewood bowling alleys noncompetitive, and that many bowling customers from outside the City also shop and pay Englewood sales tax. Mr. Goldstein questioned the legality of this tax, and he stated that it is actually a tax upon gross income which the City is prohibited from passing by the constitution of the State of Colorado . ****** Mayor Taylor declared a recess at 9:00 p.m. Council reconvened at 9:20p.m . Upon a call of the roll, the following were present : Council Members Williams, Severn, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent : None . Mayor Taylor declared a quorum present. ****** M. M. Summers, 3140 South Delaware , was present concerning City Council 's salaries. He stated that the Council members need a raise because they have not had an increase for over six years. Mr . Summers proposed that the present ordinance be repealed and t h at a new ordinance be drawn up appointing three persons to set these salaries . received : ****** "Communications -No Action Recommended" on the agenda were a. Minutes of the Planning and Zoning Commission meeting of August 17, 1976. b. Minutes of the Denver Regional Council of Govern- ments meeting of August 18, 1976. c. Financial report for the month of August 1976. ****** •• ,._ . ' ·' \ ! 'r .. • • 0 - • • • September 20, 1976 Page 5 • • COUNCILMAN SOVERN MOVED TO GRANT A DRAINAGE WAY AND RETAINING WALL ENCROACHMENT AT 3500 SOUTH CORONA FOR DENVER COMMERCIAL BUILDERS. Councilman Mann seconded the motion. Assistant City Manager Nollenberger explained that the applicant is requ es ting an eight foot encroachment on City property into the South Corona Street right-of-way to allow for a twelve inch drainage way and a six inch retaining wall. Warren Wagoner appeared representing De nver Commercial Builders, owners of the property at 3500 South Corona. Mr. Wagoner noted that this is subject to final approval by the City Engineers Department. 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 . ****** City Manager McCown presented a proclamation declaring September 25, 1976 as Hunting and Fishing Day. He also presented a proclamation declaring October 2 , 1976 as Englewood Town Meeting '76 Day. COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN BOTH OF THESE PROCLAJ~TIONS . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Severn, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor decla red the motion carried . ****** City Manager McCown presented a memorandum from the Director of Finance and the Director of Parks and Recreation concerning bids for supply- ing golf course equipment. The low bids received are as follows: Item Item Item I tem Item Item Item Item A - B - c - D - E - F - G - H - . - flail mower -Mitchell Equipment -$1,296 .75 greens aerator -L. L. Johnson Distributing -$4,056.00 greens mower -Boyd Distributing -$3,155.00 fairway tractor -Boyd Distributing -$12,089.00 turf sweeper -Boyd Distributing -$2,928.00 top dresser -Boyd Distributing -$1,147.00 utility tractor-Denver East Machinery-$7,841.70 turf aerator -Boyd Distributing -$1,483.00 •• I • • 0 . I I ! I '! • • • September 20, 1976 Page 6 • 0 - COUNCILMAN BROWN MOVED TO ACCEPT THE LOW BIDS AS PRESENTED FOR THE GOLF COURSE EQUIPMENT IN THE TOTAL AMOUNT OF $33,996 .4 5 . Councilman Mann seconded the motion. 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. ****** City Attorney Berardini presented a Bill for an Ordinance levying and fixing a tax on businesses providing e ntertainment or amusement . COUNCILMAN SOVERN MOVED TO POSTPONE THIS ITEM UNTIL THE CITY COUNCIL MEETING ON OCTOBER 4, 1976, PENDING EXAMINATION OF ITEMS BROUGHT FORTH AT THIS MEETING; AND SETTING A STUDY SESSION FOR SEPTEMBER 23, 1976 AT 5:00 P .M. Councilman Smith seconded the motion. Councilman Sovern stated that this tax is an effort not to have to decrease services and also so that the City does not have to depend so heavily on sales tax . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Members Williams, Mann . The Mayor declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO . 46 SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 5, TITLE I (ADMINISTRATION) OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CREATING THE DEPARTMENTS OF 'WASTEWATER TREAT}ffiNT ' AND 'ENGINEERING SERVICES'; ESTABLISHING DEPART}ffiNT HEADS 1~EREFORE, AND DEFINING THE DUTIES THEREOF. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 46, SERIES OF 1976, ON FINAL READING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. .... • ' I • • • • • September 20 , 1976 Page 7 • Nays : Counci] Mem ber Mann. The Mayor declar e d the motion carried . * * * * * * INT RODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO. RELATING TO A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT. COUNCILMAN SMITH MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO. RELATING TO A PERMANENT EA SEMENT AND TEMPORARY CONSTRUCTION EASEMENT . Councilma n Brown seconded the motion. 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. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF SEWER MAIN EXTENSIONS, WITHIN THE INDUSTRIAL AND COMMERCIAL AREAS, BOTH INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD . COUNCILMAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF SEWER MAIN EXTENSIONS, WITHIN THE INDUSTRIAL AND CO~ffiRCIAL AREAS, BOTH INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. Councilman Smith seconded the motion. Upon a call of th e roll, the vote resulted a s follows: Ayes: Coun cil Members Williams, Sovern, Smith, Brown, Mann, Clay t o n, Taylor. Nays: None • The ~wyor declared the motion carried. * * * * * * • I • • f xl • • • September 20, 1976 Page 8 RESOLUTION NO. 45 , SERIES OF 1976 • .. A RESOLUTION APPOINTING MARTIN P. MILLER AS SPECIAL COUNSEL, FOR THE PURPOSE OF HEARING EVIDENCE OF ALLEGED VIOLATIONS OF THE COLORADO LIQUOR CODE BY KENNETH E. CHANDLER D/B/A BACK DOOR DISCOUNT LIQUORS AT 5450 SOUTH BROADWAY , ENGLEWOOD, COLORADO, ON OCTOBER 11, 1976. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 45, SERIES OF 1976 . Councilman Sovern seconded the motion . 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. * * * * * * RESOLUTION NO. 46, SERIES OF 1976 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMEN T OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-7354(2), DARTMOUTH AVENUE FROM DELAWARE STREET TO LOGAN STREET, CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 46 , SERIES OF 1976. Councilman Mann seconded the motion. 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. * * * * * * City Manager McCown presented a memorandum from the Assistant City Manager concerning Council meeting nights. Mr. McCown noted that the problems involved with changing Council meetings from Monday nights revolve around meeting nights of other boards and commissions and publica tion deadlines. After discussion, Mayor Taylor ruled that this matter be dropped. * * * * * * City Manager McCown presented a memorandum from the Director of Public Works concerning the traffic problem on East Floyd Avenue in the vicinity of Romans Park . This memorandum recommends that a concentrated speeding enforcement effort be nmde by the Police Department and that pedestrian crossings be installed only if this is not effective. ' • .· , I \ r ~ ' I • • 0 ' ....... • • • Se pte mb er 20 , 1976 Page 9 • 0 .. COUNCILMAN SMITH MOVED TO CONCU R WITH THE RECOMMENDATION OF AN INTENSIFIED ENFO RCEMENT EFFORT ON EAST FL OYD AV ENUE , AND THAT THE RESULTS BE REVIEWE D. Cou n cilman So ve rn s e c onded th e mot ion . Upon a call of the r oll , t he vote resulted as follows: Aye s: Co un c i l Mem b e rs Williams, Sove rn, Smith , Br own, Ma nn, Cl ay t o n, Ta ylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mc Cown presented a memorandum concerning reallocation of f unds for expansion of the library . He explained that Congress has approved a special Public Works Bill in the amount of $2 billion with priority to be g ive n to those projects that are ready to go to bid and which can achieve labor on site as soon as possible. He stated that this Publi c Wo rks Bill provides for 100% federal funding of approved projects. RESOLUTION NO. 47, SERIES OF 1976 A RESOLUTION APPROPRIATING FUNDS IN THE PUBLIC IMPROVEMENT FUND. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 47, SERIES OF 1976 . Councilman Brown seconded the motion . Upon a call of the roll, the vot e r e sulted as follows : Ayes : Council Members Williams, Sovern, Smith, Brown , Mann, Clayton, Taylor . Nays: None . The Mayor declared the motion carried . COUNCILMAN SMITH MOVED TO AUTHORIZE THE FILING OF THE APPLICATIONS FOR THE PUBLIC WORKS BILL PROJECTS; TO SUBSCRIBE TO THE UNDERSTANDINGS OF ASSURANCES CONTAINED IN THEM; TO AUTHORIZE THE CITY MANAGER TO ACT AS THE CITY 'S REPRESENTATIVE IN CONNECTION WITH THE APPLICATIONS; AND THAT THE FOLLOWING PROJECTS BE APPLIED FOR : (1) LIBRARY EXPANSION, (2) CITY HALL REMODELING OF COUNC I L CHAMBERS, (3) PAVING OF CLARKSON FROM U.S .285 TO BELLEVIEW, (4 ) EXP ANS ION OF FIRE TRAINING FACILITY, (5) BROADWAY WIDENING FROM YALE TO FLOYD, (6) BROADWAY BEAUTIFICATION PROGRAM, (7) LEHOW BRIDGE, (8) PLATTE RI VER AND LITTL E DRY CREEK BRIDGE, (9) REHABILITA TION OF 1 2 INCH BROADWAY WA TE R LI NES, (10) REPLACEMENT OF WATER LINES, AND (11) RELOCATION OF McLE LLAN PUMP ST ATION. Councilman Sovern seconded the motion . Upon a ca ll of the roll, the vote resulted as follows: Ayes: Coun c il Memb e rs Williams, Sovern, Smith, Brown, Mann, Clay ton, Taylo r. • ·' . I \ ! ~ ' I • • 0 f • September 20, 1976 Page 10 Nays: None. • 0 The Mayor declared the motion carried. * * * * * * Councilman Sovern stated that he had been contacted by a Sheridan City Council member concerning a joint paving district for Zuni Street from Dartmouth Avenue south. He requested that the staff look into this matter. Councilman Sovern noted that DRCOG is presently looking at legislation concerning water consumption. * * * * * * Mayor Taylor announced that there will be no Mayor's Coffee on September 23, but that there will be a trip on that day to the Ranch Creek project near Fraser, Colorado. * * * * * * COUNCILMAN BROWN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A BILL FOR AN ORDINANCE PROVIDING FOR COUNCIL SALARIES AS FOLLOWS: MAYOR - $250; MAYOR PRO TEM -$225; COUNCIL MEMBERS -$200. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays : Council Members Sovern, Taylor. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the City Council meeting at 11:12 p.m. Deputy City Clerk •• - ' I • • 0 - ( ( • ( • • • ;- - City of Englewood From the Office of the Mayor James L . Taylor '3ioo S. Elatl St reet Englewood , Colorado 801 10 Phone (303) 761-1140 P R 0 C L A M A T I 0 N WH EREAS , the Englewood Business and P ro f essi onal Women's Clu b and Engl ewood Centen n ia l Business and Professional Wom en 's Club strive to elevate the standards for wom e n in busine ss and in the ir p rofessions , as well as to p r omo te the interest of bu siness and professi onal wom en ; and WHEREAS, the Clubs stri v e to bring about a spirit of cooperation am ong busin ess and professional wom en of the United States, and extend opportunities to bus i n ess and professional wom en through education along the lines of industrial, scientific and vocational activities. NOW, THER EFORE , I, JAM ES L. TAYLOR, Mayo r of the City of Engl ewood, Colorado , d o hereby proclaim the week of October 17 -23, 1976, as NA TIONAL BUSINESS AND PROF'ESSIONAL WO l-lEN'S WEEK in the City of Englewood, Colo rado , and urge all citizens to joi n in the observance by g i v ing their support to the Clu bs and their me mb e rs , n ot only du ring th is week , but throu gh the weeks th at follow. 1976 . GIVEN UNDER MY HAND and S EAL th is 4th day of Octobe r , A'I'T ES 'l': ~~-~~~-:------·----·-ex off ic i o Ki t y Clerk -Tre a s ur er • .. , ·' \ ! or ' • 0 0 • • • ,. . 0 .. - nhfl•••"' •mwnont•f'll 10 "'ttiCie /1. Of Tne ~t,..OftlflfUfi On Of tne ~flf8 Of \.OIOTIGO -----·~· Major Provisions. No new or increased tax could be instituted by th e state or local government without pnor appro' al at a general or specia l e lection by a majority of the registered electorate . A tax is defi ned as any means by which wealth is transferred from a person to any level of government . Any existi ng t ax would be valid on ly at the extent and rates presently being &mposed . th ose in FAVOR say -uu IS hroad/\1 d~jmed to ir~sur~ th t people who pay lir e wxe ~ a strong imptlC I o n how th e y are to be s pent . -requiring a majority of th e regis tered ''o ters to approve Cl tax would limit eltctioti S 10 broad , popular iss ues . and wo uld force government to re-o rder its priorities and get out of mcmy of the a reas it is presently involved in . -nationally grow th in governme nt continues to exceed growth in th e private sector and this would deltr g rowtll a nd c urtail govern m e nt spending . -le gislator> would be fo rced to establish real fisca l prior- ities which wo uld be accepted by a majorit y of the eltc- toratt'. th ose OPPOSED say -rhi 'f violatt>s th e fundamental pri ncipl~s of representati v~ government since almost all legislation would have to go 10 a vo te of the peo ple . -ril e amendment is broad , vague. and confusin g. It could require ele ction s on suc/1 issues as golf and swimming fees , sc hool lun ch charges. and fines for law violations , as well as majo r taxes . -the requirement of elec tio ns for all new or increased ta.xtl would be so time consuming tha t governmen t could not discharge its responsibilities in an orderly fashion . Co n- ducting s pecitll elec tions is costly . -requirin g ra;c es 10 be approved by a majority of all regis- tere d voters , rather than just a majorit y of those voting, m ea n.< that all pro posals would fail when ••o ttr turnout was le ss than 50 per unt. The LEAGUE OF WOMEN VOTERS is a non-partisan orgenization whose purpo>e is to promote political re>ponsi b ili t y t hrough infor med and active part icipatio n of citizens in governme nt. Copyright leo g ue of Women Vote rs of Colorado J976 ~~ ···~ BALLOT . ··1.~ Le ague of Women Vo ters 19 7 6 COLORADO ISSUES n November 2 ' ...... . , • 0 I .• ' • • • ... .. - how il's floae luues ••• pl•c•d on the b•llot by - In itiative-a proposal by ci tizens who h ave gathered re- quired number of sign a tures ( 8 % of total number of votes cast for Secretary of State ). Refere ndum-a proposa l by the Legislature which is re - ferred t o citizens for a vote . luues •ppe•ring on the b•llot .,. of two types - Amendments to State Constitution-amendments may be referred to the voters by a ¥.! 's vote of members of both the House of Representatives a nd Senate or may be proposed by citizens using the initiative process. Only the VOTERS (not the Legislature ) can change the Con stitution . Amendments to the Colorado Revised Statutes (that body of written law other than State Constitution ) -statutes, including those approved by the voters, ma y be c ha nged by le gislators. the issues • • • I SwEEPSTAKES Referred slot.,.. OIMnd ing Coloroclo Rev lsecl Stotutes. -. Major Provisions. Allows the Colorado Racing Commiss ion to co ndu ct a sweepstakes in conjunction with horse and dog races . Forty·five per cent of the net proceeds from the .ale of tickets (max imum price of $3 ) would go to holde rs of winning tickets. and any profit remaining after all expenses would go to the state's Conserva tion Trust Fund to be di stribu ted to counties and municipalit ies on the basi• of population for new park, recreation and conservation sites . those in FAVOR say those OPPOSED say -sta t~ governm~nt should not foster gamblin g. -additio nal funding is needed for th ~ C o nservation Trust Fund. -experience in other states lras shown that a sweepstakes is -non·ruident.r buy ing tic k~ts would h elp s uppo rt the Fund. an und~pendabl~ m~thod o f rai<in g r~v ~nu~. -a sw~eps ta kts is voluntary and an easy way to supplement state reve nue. -the statute is \'ague and it is unknown how muc h profit, if any. would be left for th~ Conurvation TruJt Fund. 2 MoBILE HoME TAxATION Referred •mendment to Article X of the Conatitvtion of the St•t• of Color•clo .. ,, _ _.. __ ,.....,.._,_,,., .. ,,.,.,,.,,_, ---- ......,._ Major Provisions. Deletes mobile homes from taxation under the spec ific ownership tax applicable to motor vehicles and requires the General Asse mbl y to provide by law a method for taxi ng them . Recrea ti onal veh icles, defined by law as th ose sma ller tha n 8 ft. by 32 ft ., would contin ue to be taxed under the specific owne rship tax. those in FAVOR say -m o bile homes ar~ a type oj permanent residence. similar to con ven tio nal homes , and should b~ ta xed similarly . -taxes could be proratrd if the h o m~ is sold durin g th~ year , under a n ew law. -if th~ l~gislature ~s tablishu propaty taxes for mobil~ ham-s. tl1e tax ra t~s would mar~ acc urat~ly reflect the vary- ing tax raus in ~ach co u111y, wllich support local cos t< and s~rvices . t hose OPPOSED say -this amendment does nnt conta ift a new method of taxing m o bile h o mes and n~w . fair l~gi.rlation will be d ifficult to wr it~. -new le gislatio n could irzcreas~ taxes for mobile h o m~ own- "'· many of whom ar~ already on limited or fix~d incomes. -there could be a y~a r 's dday in r~v tnu~ to local govun- m~nts du~ to th e la g b~twun curr~nt collution dolts and impllmtntation of n~w legislation . 3 NucLEA R PowER tn itioted omendmont to Article XVIII of tho Constitution of the Stole of Colorodo ........... ......,._ Major Provisions. Requires a pprov a l by two·thirds of each house of the Colorado General Asse mbl y for con- struction or modificat ion of any future nucle ar power plant or facility in the state. Requires the General Assembly to con- duct extensive state·wide public hea r ings before taking the votes . Requires waiver of federally imposed limits on the liability for damage resulting from th e operation of any nuclear plant. those in FAVOR say those OPPOSED say -nucl~ar powu d~cision.r sho uld not b~ l~ft tntir~ly to -th~ sul><titution of politicians for t~chnical u~rtJ as scientists , but should be carefully considu~d by th~ el~cttd judg~s o f nucl~ar iss u ~• would ut a danguous prec~d~nr . ~-=.=====--=~----~~----~~--~---.~ I ' • • • representa tives oj the pe ople. -a major accident in a nuclear po wer plant could release significant amounts o f radioacti\•c material.r. endarJg erin g all fo rms of /if~. -tlr~ owners' limi t~d liability ro pay for damag~ from radio- activity places the burden of costs on the victims. This amtndment would rtquirt full comp~rrsatiorr . • "' . .. - -this amendment would elfectil•tly eliminate nuclear power production in Colorado . -a nuclear reactor acciden t has ne ver resulted in death or injury to any member of th~ public. -the provision requiring unlimited liability for nuclear acci· den ts is unreasonable. Most insurance programs. such as workman 's compensation , aircraft and no-fault auto in su r· anct. ha v~ an establi.<hed maximum limit for liability. 4 RE I\IOVING DIVI S ION HEAD FROM. TATE PERSONNEL SYSTEM Referred amendment to Article XII of the Constitution of the State of Colorado .............. ...,, ... __ ...,,..._..., ... __ .,....,... .. .........._ Major Provisions. Allows the General Assembly to exempt by law any o r a ll he ads of divisions and institu· tions wi thin the executive branch from the state personnel sys tem . Amendment ex empts from the state personnel system the personal secretary 10 th e executive director of each princi pal department in the executive branch. those in FAVOR say -the Governor needs more authority to appoint and remo\•e administrators so he can implement the policies h e was ~lected to carry o ut . It is unlikely he would appoint un- qualified persons because th e re.wlt would hurt him nt th e next election. -the amendment would facilitate the m ovement of skilled administrators fro m o ne d e partment to ano ther where th eir skills are need ed . those OPPOSED say -this could he a r~turn to hiring in txchange fo r political and personal reasons. rather than merit. and could result in removal /rom office without cause . -many swte j unctio ns art non-political and sho uld not be affected by chan ging administrations. -if hath department and cUvision heads were replaced at the beginning of each ne w administration, there could be disruption of programs. ~ SETTI NG SALARIES oF ELECTED CouNTY O•·nciALS ._. Referred omendment to Article XIV of the Conotltution of the Stole of Coloredo ............... Major Provisions. Require s county commissioners. rather than the General Assembly. to set the compensa- tion of all elec ted co unty officials. including themsel ves , a nd pro hibit s an increase o r de crease of sa lary during the term of o ff ice . those in FAVOR say those OPPOSED say -local county commissioners have fi rst-hand knowledge of county of/icer re sponsibilities and it is too time-consuminR for le gisla tors to set salariu. -provision should ha v~ bun includ~d for salary incr~ases during ttrm of office to mut inflatio n and to insuu idm- tical salaries for all county commissioners. -since coun ty commissioners are responsible fo r county budgeting. th ey should set all county salaries. -since counties are an arm of state governmt'nt, the legis· lalllfe should set county salaries. -possible a buse is preven te d because the co mmissioners cannot change any elected official's salary durin g th~ offi· cia/'s tum of offia. -this gives county commissioners too much power over othu ~lect~d officials witlrin thtir county. 6 REPEAL OF STATE EQUA L RIGHTS AMENDMENT lnitioted omendment to Article II of the Conatitution of the Stole of Colorodo . Major Provisions. Would repeal the state Equal Rights Amendment (E RA ). which provides for equal rights untkr the law on acco unt of sex. from the Colorado Constitution . The repeal has no direct bearing on the proposed fed - eral Equal Rights Amendment . those in FAVOR of repeal say -tire Colorado E RA is an unnecessarv amendment becaust' /~dual and sta t~ laws already guaraniu tqual trtatm~nt in many areas. -th~ Colorado E RA dots not providt immediau r~li~f to employees who feel they fact sex discrimination, as ntw legisla tion and judicia l intupretation may b~ nttd~d . -th~ Colorado E RA changtJ th~ traditional conc~pt of privacy . -th~ Colorado E RA ca rr ha v~ a d~trimtntal ~flut on wom- ~n·s atlrl~tic programs. V ~ry f~w !~mal~ athld~s will choost to participate in 3e:t·integrated compditio n . those OPPOSED to repeal say -th~ Colorado E RA , a constitutional prin cipl ~. has ensured sinu 1973 that /~gal rig hts are guarantud to all puso rrs regardltss of th~ir ux. -t h~ applicatio n of tht Colorado ERA is limit~d to govern - mental ac tion and does n o t extend into the privau sector- family roles , right to privacy , or church policy and uachirrg. -th~ Colorado ERA dots not invalidate la ws which reflut th~ actual dilf~rerr ce b~tween th~ s~us. -th~ Colorado ERA do~s not usult in th~ loss of bttu/its, prot~ctiorrs , or re.<ponsibilities. but applies th~m eqUIJlly to men and M'Omen. I ' • • • • - 7 Fooo ALE: Tu REPEAL lnitieted •t•tute amendin g Color1ciO lewiaed Statutes. -Major Provisions . Removes sale tax on food except for food for immediate consumption (restaurants. etc.). but allows loc al government to levy sales tax on food . Requires 1977 General Assembly to enact a severance tax on min· eral . oil hale. oil. and gas . and increase the tax on corporations with net profits in excess of $50,000. to replace the lost revenue . th ose in FAVOR say -a sales ta x on food ;, r~gressil·~ and is particularly unfair to /ixtd and low income pt'rJ·ons and those in middle income brac kets with families to J'Upport. -tht los t rt\•tnue will be rtplact'd thro ugh /M'O sources that art untaxed or underta.ud. -this amendment could shift part of the tax burden to out- of-state purchasers of minerals. -his torically Jtt,·ying St\'tranct and corporate taxes has not cost job.r by forcing companies to close down or m ovt , nor have taxes pro,•en to bt a major fac tor in a company's dtcision to Jocm~. those OPPOSED say -the food sal~s tax ha .< bun a stable source of incom e. The regressive aJ·pech of food sales taxes 011 ruidents ca n he lessened tltrou~:h a higher o r diminishing food sales tax c redit based on income. -the same people will simply pay hightr prirt.t on eMrf(y and other products inst~ad of a food sal~s tax . -tht rt'placenumt tax ma.v cauu compcmits to cease opua· tion or relocate in o th~r stat~s or at least hurt in attracting new indlutry -rt'sulting in Joss of jobs and taxes to state and /()(·al JlOVernmt'n t. -th e con~titutionality nf tht' initiatil'e is qut.ftionab lt bt'· caust' it does not pro\'ide for r~plact'ment revenues as required by the Old Age Pen<ion Amendment to th e Con.\'titution . 8 BEVERAGE CoNTA I NER DF;Pos n ln iti•ted st•tute •mending Color•do Rev ised St•tutes ,. - Major Provisions. Initiative requires a refundable deposit on each beer and soft drink co ntai ner sold within 0 the sta te . The minimum deposit would be five cents. those in FAVOR say -a container deposit would tncourage widespread recycling of contain ~rs . rt'ducing "isible . nonbiotltgradablt lilltr con · siderably. -recyclin g and reusin g containers. even considering th e inc reaud entrgy ure for transportalion and wash in g. uses less e nergy than the manufacture of new containers. -possible pria incr~ases caused by increased handlin g of reusable containers co uld b~ offset by decreased contain er costs . -a uniform cleposit on both bottles and ca ns would cause little cha nge in how many of each are used. -new jvbs could be creaud at the retail le"el to sort re· IUrn~d c·ontainus. If bottl#s and cans continue to b~ used in tht same proportion . 110 jobs will bt lost in tht can· rt~lated irulu .Hries . 9 Puouc UnLJTY CouNSELon Initiated st•tute •mending the Color•do ReviMd Statutes those OPPOSED say -tl'en if all btl'trage containe rs were returned for re funds, the majo r parr of th~ lillu problem wo uld remain and in timt' btl1e rage container Iiiier would increase again . also. -recycling and reusing containers causes significant in· crease; itt th e consumption of gasoline fo r transportation . in th e ust of water. and in tht burden on sewage treatment facil ities. -increased costs to chan ge industry facilities and sort. s tore and transport returned containers will pass extra costs o n to the con.sumer . -thue will likely be a shift from ca11 s to bou/es for bevuage containers . as has happened elsewhere . hurting employment in the t·an industry . ~ Major Provisions. Creates an office of public coun selor to represent residential public utility consumers before the Public Utilties Commission. Provides for changes in the regulation of utilities, prohibits private communica- ti on between the Commissio n and parties to the heari ngs. requires open records, financial disclosure by members of the PUC. and judicial review of PUC decisions . those in FAVOR say -a public counj'elor is needed to reprel·ent residential CO li · sumers w ho do not have th e fi11ancial means to become invol•·ed in proceedi11gs before the PUC. -P UC commissioners s/w,./d be ;·ubject to th e Sunshine Law and should have no private commun ica tio n with utility companies. -i~<dicial review of PUC decisions sho1<ld be the same as for oth er regulatory agencies. Of' ALL those OPPOSED say -the public cou•selor is a ntedltss duplication as rh~ PUC is already supposed to rake into considuarion residential consumers. -~liminating the time limit in which th~ PUC must act on /ilings wo,./d nor gi ve th~ PUC inrtnliv~ to act quickly and co uld cause long delays resulting in fina ncial dil/irulties for th~ utility filing . -there should b~ fru flow of information berwun th~ PUC and the utility companies. TAXATIO I • ,. - • '".1 l • r, . . 'I (I .,, ' • • I . ' ..' \ ! I '!' • • • • ,. -• (\ . ' ••• J .. ; ·: '1':&-J --lC ; o 1)/1 /.! ..0/.J'.JZFU C' ~-.' n.;. _ c; -3 o -~ £-. ::lCCr 4 _ j~"-[i(l , f (~ ~<.~te,---1 '}-~ ( -1/c /LFI~ J-4f;7 l-¢_kJ.;;::;t I 9-),_, -7l /P ._7;2--t<Jv .7l~ X q/U4J 7/~/74 J d-~(?.:J/~.7~--~~--·-~ C/-ac;-?fo '3 1t xJ .. '-:/JlHb:L .Ct.-----: q /00 )7~ - _ _ _ I 9 _-so -7 0 I 9 -}' cr -7 b ·., . I . • ' \ ! ' f 'r ·r i ·. ·• ·. 1 ·-:-·· •• • ···". '· • ' •'· · . ;. • I 0 .•.• TO "•: 'A \!J..!t:.:--: • • • • • I • ' . . . I . f • .. - ·.,I'. (1 .D (If! 7 . ----·-.. -------. ' • & • • I · I • 'r • ( "I I . ( . 'Ill • • ,. - _j 94~-h6 I 0/;J.-s /7 (..,. _ q .' !,- . ' ' I . . . • ~ • I • ,, _ .. I I II I I I I • • I . • " . • (' ' ., ( "I ) ,. I • • I • ,...... . T(, I l • • • r/z-6 /76 7-A -5 l;n q I Q§/7w ~-;2.$-7(0 q-C><{;-? L ~ d 5 ·7& tJ-c:;5-/~. ' I , . • . . • I ( . , • • ... - Petition to Englewood Ci 'i y C.o ulllt'iel ,. WE , THE UND BRS I C'.NED ,. ARE OJ?P ED ~ TRE U c;. E TF.il 1f, SA IE~ TAX 0 1 ~ C'TNEJI'A AND THE lfl>E Ir.lt'F,'l',, Nane 'Ad<f-re55 Date o r ~ar 1 976 ' • • I · / I ! I '! • I'\ o • t l ' ..,.,.\ • ' 1 ----· -· -- ---. --·-- • • • ' . .. ' I . • ,. . - ( ., ' . . • • I . \ ! ' • ! • 0 :. - • • • .. - • • . , 0 \ ·' \ I '! . -. I . • - ·' . ,. ' 0 • . - • • I : ~-·· .)?-l • .~ .. ·.,;. . . . : . . .· \ ! I • '! • ,. - • • • • • 0 .• \ ! I 'r ' . -. I . f • - 0 - • ,_ £.." ·" ,-. I I ·-· i 1 \·-·.J. 'I •· -. ·: "I I 1 I • c:: I /o t J ' .. I ,.f l -•• ;) . : .. ,.. .... t . .. ·- . -------'=--~-+-== ..... • . ... . ' . • • 0 . , I · • 0 .• I ! I '!' f xl • , - 0 ,. - 0 • . . • • I . I , .• I ! I • or • • • . - • - ; . • 0 • I 0 • • • I I I j J • 0 - . .. .. , ,. • 0 • . I \ •' I 1 ' or . . . I . • ··I ' j • • ·' I ' ' I ' ' . -- • 0 • • ~) ·:-" ~-! 1 I ' \ ·~ .J !.: I J f:.. c. c:;, i ....•. ·-~!·:, l .. ·n_· !.' .E:,(:;J • .. - l • • ... !'~ ' I 0 • I . • 0 • • • • ,. . 0 - 4 A. CITY OF ENGLEWOOD PI~NNING AND ZONING COMMISSION September 8, 1976 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 6:00 P.M. by Chairman Tanguma in the Community Room of Englewood City Hall. Members present: Pierson, D. Smith, E. Smith, Tanguma, Wade, Williams, Jones, Parker Wanush, Ex-officio Members absent: Jorgenson Also present: Mayor Taylor, Councilmen Brown, Mann; City Manager McCown; Public Works Director Waggoner; Assistant Director for Planning Romans; Associate Planner House;Planning Intern Fessenden. II. APPROVAL OF MINUTES: Chairman Tanguma stated that Minutes of the meeting of August 17, 1976, were to be considered for approval. Williams moved: Jones seconded: The Minutes of August 17, 1976, be approved as written. AYES: Parker, D. Smith, E. Smith, Tanguma, Wade, Williams, Jones NAYS: None ABSTAIN: Pierson ABSENT: Jorgenson The motion carried. III. I-470/SUPER GRID ALTERNATIVE Colora do Department of Highways Mr. Richard J. Brasher, Colorado Department of Highways District 6 Engineer, stated that for the last several months, transporta- tion in the southwest quadrant of the Denver metro area has been re-evaluate d in relat ion to I-470. Approximately 13 alternatives to I-470 were proposed, and these have been narrowed down to five alternatives, including the Super Grid. Mr. Brasher emph asized that neither the Colorado Department of Highways nor the Governor's ad hoc committee which was appointed to consider the proposed alternatives, have made a formal de- cision on the alternatives, nor have they made a recommendation. Both the Highway Department and the Governor's Committee are still in the analysis process. Mr. Brasher stated that they will have available, in approx imately one week, an assessment report which goes into detail on the total assessment process . ' • ' I .. ' \ ! I , '!' • • • • - -2- used in analyz ing the alternatives to I-470; 42 environm ental fa ctors were c ons i dered in these assessments . Mr. Brasher discussed several of the alternatives that have been considered. First, there is the "do nothing alternative", or the Practical Grid ; this alternative allows for some im- provements in the southwest quadrant under the normal funding procedures. Other alternatives include the "outer alignment", the "outer alignment with the airport diagonal " routing, the Wadsworth route tying into I-470 at Roon ey Road ; the County Line Road, Santa Fe /Ha mpden route; and th e Super Grid proposal. Under the Super Grid alternat ive , County Line Road, which is an arterial, would be a limited access facility and this would be one of the first routes to be constructed under the Super Grid system. University Boulevard would be proposed for six- lane construction. On South Santa Fe Drive in the Englewood area, there would be improvement to the U.S. 285/Hampden/Santa fe intersection ; and improvement would be made to U.S. 285 in the vicinity of Cinderella City, This might involve splitting the highway, putting one direction of traffic south of the existing U.S. 285 route. Mr. Brasher noted that this is onl y a concept at this point, and not a firm decision. U.S. 285 would be improved to eight lanes from Santa Fe west to South Wadsworth Boulevard. Mr. Brasher discussed the Sout h Santa Fe Drive corridor. Inter- ch ange concepts are indicated at Evans, Dartmouth, Quincy and Bel leview, and grade separations are indicated at Oxford, Belleview and the railway tracks, and at Bowles Avenue. West Quincy Avenue is proposed to be constructed across the South Platte River and will extend to South Stmms Street. Mr. Brasher stated that these are projects that have been se lected by the Colorado Department of Highways, and have been judged agains t the criteria of whether or not the plan could be implemented. Mr. Brasher discussed the f unding process. Under the 1976 Federal Highway Act, the funds that were appropriated for the co ns truction o f I-470 may be transferred to use in the construction of the Super Grid system. Before these projects can be implemented, they mus t go t hrough an extensive planning process in each of the affected jurisdictions. Mr. McCown asked for clarification of the proposal on County Line Road? Mr. Brasher stated that under the Super Grid system, County Line Road, the location of I-470, is proposed as a four- lane controlled access facility. This would extend westward to Simms, then up Simms to Belleview and then tie in to I-70 on a northwesterly route. • ·' \ ! '!' ' I • • , • • - -3- Mr. Parker asked about the possibility of extending Colorado Boulevard through Cherry Hills Village and Greenwood Village? .. - Mr. Brasher stated that it would be physically possible to ex- tend Colorado Boulevard, bu t that Cherry Hills Village is adamantly opposed to such extension. Mr. Parker questioned if traffic routes should be politically determined? Mr. Brasher stated that the Department of Highways tries to work with a particular region, but they still have to look at the transporta- tion network as a whole . Mr. Tanguma questioned the effectiveness of University Boulevard being six lanes from Arapahoe Road to U.S. 285; he stated that he felt the traffic flow would still be severely limited beyond the north and south boundaries. Ed Smith asked if he understood that each community would have to apply for their portions of the improvements proposed in the Super Grid? What would happen if the improvement affected several different communities --would all communities have to reach agreement before the project would be done? Mr. Brasher discussed the withdrawal process which is based upon a ~equest by the local agency, and with concurrence of the Governor. The Joint Regional Planning Program Committee also has to concur in the request. JRPP is composed of personnel from the State High- way Department, the Regional Transportation District, and the Denver Regional Council of Governments. Mr. Tanguma questioned the matching funds, and asked how much the local communities would be expected to match? Mr. Brasher stated that this would depend on the system the alternative project would be on --local, State or Federal system. He noted that most of the Super Grid projects are on the State Highway System, and the local governments would not have to provide matching funds. Don Smith asked who would have to approve a withdrawal, if every community would have to approve such a request before it was approved by JRPP, and if in fact, did it have to be approved by JRPP? Mr. Brasher stated that the JRPP, the Governor and the local governments would have to concur before the withdrawal is approved. Ed Smith asked if all the local governments would have to con- cur with a particular project before any improvement could be done? Mr. Brasher stated no t necessarily. The Highway Depart- ment has requested an opinio n in this matter but to this date an opinion has not been given. Mayor Taylor referred to the Super Grid plan, and asked if all these projects would be accomplished through the with- drawal process? Mayor Taylor discussed the traffic problems on Sou th Santa Fe Drive. He asked if Littleton, Englewood and Sheridan could get together and ask for improvement on South Santa Fe Drive? Mr. Brasher stated that improvement of South Santa Fe Drive is shown on the Practical Grid plan, and that 1.5 million has been budgeted f or improvement of Santa Fe, and •• ·' I ! 'f I • • • • . . .. -4- that they are i n the design stage now. There is an additional $800,000 budget e d f or right-of-way acquisition on South Santa Fe Drive from Florida Avenue to Yale Avenue . The Department of Highways next step is to hold a public hearing on the right- of-way acquisi t ion, which hearing will be held within the next month or so. Mr. Brasher state d that if the proposal is well received at the public hearing , the Department of Transportation can determine t he proposal is a viable project and will continue. Mr . Brasher emphasized that this is f or a six-lane improvement on South San ta Fe. Mr. Brasher again stated that the design work is underway from Bowles Avenue north to Yale. Mr. Brasher noted that the Sant a Fe Drive improvement is a very dif fi cult project. R. T. D. has considered a lot o f designs for the Santa Fe corridor and the Highway Department plans must fit into the R.T.D. plans. Monies for improvement along Santa Fe cannot be spent until it is determined that the Highway Department and R.T.D. plans fit together. Having established the fact that there is a ridership corridor on Santa Fe Drive, RTD is now looking toward commuter rail, bus lanes, etc. rather than the rapid transit. The Highway Department is working very closely with RTD. Ed Smith asked how many governmental agencies are affected by the Airport Diagonal route? Mr. Brasher stated that five agencies are af fected, those being Arapahoe County, Douglas County, Jefferson County, Lakewood and Littleton. Seven agencies would be involved on the Super Grid system . Not all agencies would have to concur on a withdrawal project , but Mr. Brasher did not have t he exact fig ures on the number of agencies required for a pproval. Don Smi t h asked what the City of Englewood could do to encourage an expedient effort on the design work on South Santa Fe Drive from Bowles Avenue to Yale Ave nue, and also asked what the time t able is for the Super Grid? Mr. Brasher stated that they hoped to have the Super Grid implemented by 1990. He stated t hat the City could support the efforts of the Highway Depart- ment to implement the interim projects they are involved in ; the City could give support at the Public Hearing for the right- of-way acquisition. Mayor Taylor asked if there is a time limitation on the availability of the Federal money for the I-470/Super Grid construction? Mr. Brasher stated that the money is there. Mayor Taylor asked if some of these funds were used to improve Santa Fe Drive, if this meant forfeiting the possibility of I-470 construction? Mr. Brasher stated that South Santa Fe Drive would still have some i mprovement in the event I-470 were to be built; however, there would not be money for necessary grade separations or interchanges. These traffic improvements would be made in lieu of !470, if thi s is the decision of the local agencies, and if it is approved by the Governor and the JRPP. Mayor Taylor noted that Englewood is centrally located, and tha t the north/south arteries of Santa • . , ·' I ! ~ I ' - • • • • • - -5- Fe, Broadway and University Boulevard border or bisect Englewood, as does the east/west artery of U.S. 285. Mayor Taylor noted that there is going to be great development in the southern area around Chatfield Dam, John Mansville, and the Madden de- velopments; and that this traffic will have to be carried also. Mr. Brasher noted that the studies indicate that the outer route doesn 't really carry that much traffic; most of the routes which will carry traffic to the "core" city, will be the north/south routes. Mrs . Wade asked what capacity was proposed for I-470? Mr. Brasher stated that I-470 was proposed as a six-lane express- way; they now propose to improve County Line Road to a four- lane limited access arterial under the Super Grid system. Mr. Brasher introduced a Mr. Ruble, who gave a traffic analysis of the alternatives. Mr. Ruble stated that a standard traffic assignment was used in the analysis, and that they looked at the improvements contained in each alternative compared to the Practical Grid. Mr. Ruble indicated areas of acceptable service, areas of unstable flow and areas of stop-and-go forced flow on a map. All the north/south facilities show congestion. The outer route does give some improvements, but not where the problems are. The analysis indicates that the Super Grid does provide an improved level of service . Mr . Jones noted there was a particularly bad problem on U.S. 285 in the vicinity of Cinderella City, He asked what is pro- posed for this area, and what is the timing on the improvements? Mr. Ruble stated that if the Super Grid is implemented, con- gestion would be relieved ; there could be some improvement with a one-way cuplet in the vicinity of Cinderella City; but this cannot be done without some disruption. Mr. Jones asked if the problem would be complicated if they attempt to build an improved facility on an already over-loaded facility? Mr. Ruble stated that the Super Grid would relieve some of the worst congestion . Mr. McCown noted that in reading some of the original reports on I-470, it was asserted that the construction of I-470 would not have very much effect on U.S. 285 traffic. He noted if this were the case, there would have to be some improvement on the U.S. 285 traffic congestion. He asked if this interpretation is correct? Mr. Ruble stated that Mr. McCown's interpretation is correct. Mr. McCown asked what benefit the City of Englewood would realize from the construction of I-470? Mr. Ruble stated that the construction of I-470 would not do anything for presently congested areas • •• . , ·' I ! 'r I ' • • • • ... - -6- Mr . Brasher no t ed that if the Super Grid alternative is selected, they would still be operating under restricted conditions, there will still be contestion, but ther e would be an over-all benefit to the communities. Mayor Taylor noted that U .S. 28 5 is the one arterial running through Englewood in an east/west direct i on, and that Englewood has three north /south arterials. If an attempt is made to put all that traffic from the sout h developments on one street going nort h and south, there will b e more co nge st i on. He stated t h at he understood I-470 was t o he lp in dive r t ing the nor t h /south traffic from being f unneled through Englewood. Mr. Ruble stated t hat the Highway Department has planned the location of the improvements to relieve the north/south con- gestion . Percentages of per son s passing through Englewood to other destinations were discus sed. Don Smith stated that he felt t he concern seems to be that the Supe r Grid is routing more tra f fic north and sou th through Englewood. Mr. Brasher noted that the limited access faci lity on County Line Road would still be available for t hose motorists who want to use it. Mr. Brasher said that with the Super Grid, there would b e a "small I-470 " --the four-lane limited access facility on County Line Road , and t he remaining monies could be used t o fina nce other improvements on the Super Grid System. There is also estimated to be $47,000 ,000 to spend in the Denver area on projects that have not yet been identified. Mr. Tanguma aske d if the data f or the Super Grid takes into consideration the growth factor south of Littleton? Mr. Ruble descri bed the process they used in determining growth rate and the distribution o f t hat projected growth, Ms. Patsy Goodman, Department of Highways, stated there is 155.3 million dollars available in the Highway Trus t Fund which is earmarked f or the construction of I-470 . Under the original est imate, this amount would have been 90% of the total monies estimated f or construction of the highway ; the 10% would have been local funds. Under the "transfer" process, this 155,3 million dollars would become 80% of the total construction f unds, and 20% matching funds would be required . Under the transfer process, the State share would be twice what it would be if the interstate facility were constructed. There would be 103 million dollars available for the construction of the super grid; 18.7 millionwould be used for part of the Practical Grid proposal, Under the transfer process, all of the funds do not have to be used in the southwest quadrant; they could be used within the Denver met ro area f o r as yet unidentified projects. $47,8 million doll ars wo uld, therefore, be available for construction of highway pro jects outside of the southwest quadrant. Ms. Goodman stated that 24,6 million dollars is pro- posed f or improvement of the South San ta Fe corridor; she stated that the Department of Highways and RTD will work with the rail- roads in an atte mpt to solve some of the problems along this c orridor. The improvements on Santa Fe would include grade \ • ,_ I ! or ' I • • • • • 0 • -7- separation structures in an effort to eliminate the stop-and- go traffic on South Santa Fe. Ms . Goodman stated that the construction of a four-lane facility on the outer route would cost an estimated 88.6 million dollars, which amount is all the Highway Department could justify at this point based on traffic projections. This construction would qualify for 90% funding from the Federal government. Ed Smith asked if there is a specific time limit within which the funds from the Federal Government must be used? Ms. Goodman stated there is no time limitation ; the funds must be transferred to the General Fund from the Highway Trust Fund, and appropriated by Congress. There is now more funds available than there are requested projects. Discuss ion ensued. Mr. Tanguma introduced State Representative Betty Ann Dittemore who had entered the meeting. Mayor Taylor asked what would happen if Congress should decide against appropriation of all these monies? Ms. Goodman stated that some projects could be delayed for a time. Ms. Goodman stated that there could be risk involved in using the transfer funds; however, the improved level of service must be con- sidered. By transfering the fundi ng, there would be 47.8 million dollars available for improvement outside of the south- west quadrant and 24.6 million dollars would be available for use in the Santa Fe corridor , none of which is available if the I-470 interstate facility is constructed. Ms. Goodman stated that the Highway Department staff can only point out the risks involved and the benefits that could be realized from the transfer of funds for the Super Grid. Discussion ensued. Don Smith noted that the origine l plan was to solve the traffic problems in the southwest quadrant; now, under the transfer of funds, Denver will be getting 47.8 million dollars for improve- ments that will be of no benefit to the southwest quadrant. Mr. Brasher stated that projects in the Super Grid are those the staff feel are reasonable to implement. Mr. Jones stated that he understood under the transfer of funds, the financing will be 80 /20, with the local governments required to meet the 20%. He stated that he felt the State will be "hard pressed to meet the 20% requirement." He noted that one year ago, all the communities had applied for improvement of South Santa Fe Drive, and to date, nothing has been done. Further discussion on the funding ensued. Mr. Atchison, of the Department of Highways, noted that if the gas tax increase is not approved, "we can forget everything." Mr . Waggoner asked if the Highway Department is saying that improvements to Santa Fe will become reality faster if the ' ' •• ·' I ! 'r I ' ' • • • • 0 .. • -8- funds transfer is approved than they would under the normal budget procedure? Mr. Brasher emphasized that they are now in the design stage for a six lane facility on South Santa Fe Drive from Bowles Avenue nor th; but this does not include the construction of grade separations or interchanges. The transfer would provide fun ds for these structures and they could use the money to implement the improvements faster. If another project were to be granted a higher priority, however, that priority might have to be constructed first. Mrs. Pierson stated that she understood from this discussion that the 155.3 million dollars is not certain money under the transfer of funds, and that we could be taking a gamble that would benefit areas outside of the southwest quadrant . Ms. Goodman stated that there are greater benefits to be realized in the southwest quadrant under the Super Grid transfer of funds than there are to be realized with the construction of the Interstate. Under the Super Grid system, there would be an outer facility constructed, plus the improvements to other streets to facilitate the movement of traffic. Don Smith stated that he understood the construction of I-470 alone is less than 100 million dollars of the 155.3 million dollars in trust; if I-470 is constructed, could the southwest quadrant then make use of the remaining monies for other im- provements? Mrs. Goodman stated no; the only money funded would be for the actual construction of the Interstate. Funding and benefits of the Super Grid system were further dis- cussed. Mrs. Dittemore noted that the Practical Grid doesn't appear to do anything for Englewood . Mr. Tanguma asked what priori ty Santa Fe Drive improvements have? Mr. Brasher stated that it is of top priority under the present funding procedure; this will provide for a six-lane facility, but no other improvements. Don Smith asked for the general timing on Santa Fe improvements under the year-to-year funding process? Mr. Brasher stated that the biggest thing is the acquisition of right-of-way from Yale to Florida; this is estimated at approximately two to two and one-half years, They hope to begin improvements at Bowles Avenue by the Spring of 1977, and to work north on Santa Fe from that point. Improvements in the southwest and southeast areas were dis- cussed in relation to the improvements proposed. Ms. Goodman stated that under their projections, they feel the proposed system will be adequate. Mr. Brasher stated they have attempted to come up with what is most reasonable in possible funding; he stated that he feels this is the most the southwest quadrant could possibly get for the Super Grid. If the Interstate is constructed, the only other improvements would be on the Practical Grid system. Mr. Atchison discussed some of the proposals that were made and rejected by the jurisdictions involved. They had con- sidered extending South Colorado Boulevard southward from •• --- . • I I ! "r I • f • • • • • -9- East Quincy Avenue, but received opposition from Cherry Hills Village and Greenwood Village . They also considered the im- provement of Dry Creek Road, but met with opposition from the City of Littleton. Mr. Atchison stated that these proposals , . were "pulled off the map" as projects that could not be implemented; this is how they arrived at the 47.8 million dollars that would be available for projects not within the southwest quadrant. Mr. Atchison acknowledged that the Super Grid alternative is a high risk alternative in light of whether or not the federal money would be available through 1990 when they hope to have the Super Grid System implemented, but he termed it an "attractive alternative." Mayor Taylor inquired as to the local share? Ms. Goodman stated that the total local share is 1.2 million dollars. Mr. Parker stated that it appeared that perhaps the best plan is to construct I-470 if the Santa Fe improvements are assured anyway. Mr. Brasher noted that the interim improvements on Santa Fe would be two additional outside lanes. These improve- ments are on the five-year program; but the Highway Commission must still approve the annual budget requests. It is a minimum improvement to provide the two additional lanes. Mayor Taylor asked if this improvement would include grade separations? Mr. Brasher stated that it does not. Mr. Temple, CDH, discussed their concern with the coal trains proposed to travel the tracks which run parallel to Santa Fe, and the problems this could cause with at-grade crossings, Mr. Brasher stated that even with the improvements, but without the grade separations, they would anticipate a low level of service along Santa Fe Drive. Mrs. Pierson stated that she felt there might be other less expensive ways to solve problems with the coal trains than constructing grade separations at several points along South Santa Fe Drive. Discussion ensued. Mr. Temple pointed out that the Highway Department doesn't have too much information on the coal trains at this point; however, they have heard discussion on approximately 28 one-mile-long coal trains per day on these tracks. Mr. Brasher confirmed that the Highway Department did not have all the facts on the matter of coal trains; he did state there is a need to separate the railroad tracks from the arterial crossings; he noted that Belleview Avenue and the tracks is one of their highest hazard spots. He noted that the point they wanted to make, is that there is a problem of safety and traffic congestion at the points of intersection that will only get worse; he stated that he felt the grade separations at the rail crossings are justified. Mr. Tanguma asked to hear from Mrs. Dittemore. Mrs. Dittemore commended the Highway Department staff for their "good job". She stated that she was concerned ab~ut Englewood in these traffic plans, and wants to help Englewood all she can. Mrs . Dittemore acknowledged the Super Grid system "looks good" •• ' I ! 'r I • • f • • • • - -10- and discussed the withdrawal sys tem previously discussed for the transfer of funds. She st ate d that "concurrence" means that each of the entities involve d would approve the transfer of funds and the specific projects. Mrs. Dittemore noted that the original figures quoted for I-470 were 92.5 million dollars which has been escalated to 155.3 million dollars available for the financing of the Super Grid system. Mrs. Dittemore stated that she had asked Mr. Kintslinger of the Highway Department if there was a "firm commitment " for the 155.3 million dollars, and he indicated "he thought there was." She asked if it is true that the Secretary of the Department of Transportation has discretionary powers on the funds that are to be transferred? Mrs. Dittemore stated that Cherry Hills Village and Greenwood Village will not support the Super Grid proposal. Mrs. Dittemore stated that this plan "isn't set in concrete", and there is no guarantee on the 155.3 million dollars for the Super Grid. Mrs. Dittemore s t ated that she is trying to get the feeling of the Commission and Council on this matter so that she can best serve the wants and needs of Englewood. Don Smith asked if there were any inquiries being made in Washington to find out how Congress feels about the transfer of funds? Mrs. Dittemore stated that "it looks like the funds will be available." Don Smith asked the estimated completion dates on the projects? Mr. Brasher stated that I-470 is proposed for completion in 1985; the Super Grid would be completed by 1990, and the Practical Grid system would be completed by 2,000. Mr. Brasher emphasized they are not trying to sell a program, but do feel a serious obligation to point out the facts in this matter. Mayor Taylor stated that he would like some time to think about the presentation this evening, and consider the matter further. Mr. Tanguma expressed his appreciation and that of the Council and the Commission, to the Highway Department personnel for their presentation . A recess was called at 8:30 p .m. The meeting was called to order with the following members present : Parker, Pierson, D. Smith, E. Smith, Tanguma, Wade, Williams, Jones . IV . DIRECTOR'S CHOICE Mr. Wanush had earlier excused himself from the meeting. Mrs. Romans stated that Mr . Wanush has expressed a desire to meet informally with the Commission members. Mrs. Romans suggested that possibly this could be arranged following the meeting on September 21st • ' "' . ' I • ....... • • • • 0 .. -11- V. COMMISSION'S CHOICE Mr. Tanguma referred to a letter from Mr. Jack Carver Patterson regarding the proposed Halcyon Heights II development at South Clarkson Street and U.S. 285. Mrs. Romans stated that no building permits have been issued for the development; the applicants stated that they wanted to pre-lease a given number of the units prior to making application for a building permit. Mrs. Romans stated that approximately one month ago, the architect for HH II •as in touch with the staff, and indicated at that time that they are proceeding •ith the developaent. Again, Mrs. Romans eaphasized, no building permits have been issued, no variances have been granted, and the alley has not been vacated for this development. The Planning Commission and City Council did approve the Development Plan some time ago. She· stated that she felt Mr . Patterson should be so informed. Discussion ensued. Don Smith moved: Wade seconded: The matter of Mr. Patterson's letter be p l a ced on the agenda of the next meeting. AYES: Jones, Parker, Pierson, D. Smith, E. Smith, Tanguma, Wade Williams. NAYS: None ABSENT: Jorgenson The motion carried. The meeting adjourned at 8:50 P.M • ' I • • 0 . , f • • • • • ENGL EWOOD PARKS & REC REATION COMMISSION Minutes of September 9, 1976 4 B The regular monthly mee ting of the Eng le wood Parks & Re creation Commission wa s called to o rder at 7:30 p.m . by Ruth Alle n, chairman, in th e Pa rk s & Re cre ation Department. Me mber s prese nt: Brown, Poole , Allen , Hewitt, Howard , Cus hing and Roman s, ex offic io Members abse nt: Mann Also present: Jerry Roythe r, Asst. Dir., Parks & Recreation Gary Havener, Hewitt moved, Cushing second e d , that the minutes of the Aug u s t 12, 1976 meet i ng be approved a s mailed. Motion carried. The financial report for th e month of Augus t was not available. Mrs. Alle n r e porte d that s he had d i s cussed another possible date for th e dinner mee ting with City Council to di s c uss the formation of the Senior Citizen Ad visory Committee with the City Manager but that nothing definite was decided. Mr. Brown said he would che ck on th e s tatu s of this and report back since this s hould be res olved as soon as pos s ible s o those who have volunteered to serve on this Committee can be notifie d. ln reviewing the Public Impvoveme nt F und, Six-Quarter Budget it wa s noted that Skerritt Park, Handicapped Playground and park land acquisition were all deleted. Mr. Roman s s aid the Handicapped Playground had already been approved for federa l fu nding but that money would be lost sinc e th e city is not pro- ceeding with th e project . Mr. Hewitt s uggest e d that the Superinte nd e nt of Schools be contacted to see if the School District would be i nterested in proceeding with the proj e ct if the federal funds are s till available and locate it on sc hool property. .. -•• . , .. I . • ·' I 1 ' 'f • • • 0 • Parks & Recreation Commiss io n Ivlnut es of September 9, 1976 Page -2 - • T he fo llowin g progr ess report s were g ive n for information: E me r s on Park-- whe n the a r ea wa s s urve ye d it wa s foun d that several property owner s adjacent to the park had put the ir fe nces on city proper t y . T hese people will be allowed to purcha se this la nd from the city rather tha n make them move the fences. The prinkle r syste m s hould be comple te thi s wee k and the seeding should be in by next week. Some d rainage problem s have a dde d to the cost but the project is still within th e budget. Golf Course --the work i s progressing according to schedule and seeding s hould be done next week. The clubhouse remodeling schedule will be presented at the next meeting and if bids for this remodeling are let in January 1977 it should be r e ady for us e by July 1977. Belleview We s t--the work is progressing according to s chedule. Playground Apparatus In s tallation--Romans, Northwest Greenbelt, South- west Greenbelt, Cu s hing, Belleview, Ja s on and Bates -Logan Parks have all received ne w playground apparatus this s ummer. The remaining apparatus is scheduled for placement thi s fa ll. A le tte r from the City Manager r e garding the recommendation to City Council fro m the Commi ssion r e questing bette r police protection for the city parks was read. The City Manager fe e ls this is an admini s trative matter best handled by the appropri- ate departme nt head s and not an appropria te s ubject for a recommendation to Council. He s uggest ed that this matte r be dis cu ssed with Chief Holmes and then bring to his a tte ntion a ny conc e rns which the two de partments cannot resolve between themselves. Mr . Roman s s aid he would contact C hie f Holme s at his first opportunity to discuss this matte r and r e port back to the Commission. Mr . Cu s hing s aid he had receive d information that federal funds were a vailable f or se nior citizen centers, both for construction and operating. Mr. . ' • •' \ l 'r ' I . • 0 • • Parks & Recreation Commission Minutes of September 9, 1976 Page -3- • • Romans said he is aware of these progr am s and they have been brought to the attention of the City Manager. ,_ The next regular Commis s ion meeting date will fall when th e Director and Mr. Cushing are both in &>ston atte ndin g the National Recreation and Park Congress but th e meeting will be held on the r egular me e ting night. Mr. Brown said he personally fee ls very badly because it was necessary to cut the park projects from the Six -Quarter Budget but it had to be done in order to balance t he budget . He expressed hi s hope they could again be included at a later da te . T he meet ing adjourned at 8:40p.m. ' . , I . • 0 .• I { ' '! • • • PRESENT: ABSENT : ALSO PRESENT : • 0 • MINUTES Board of Career Service Commiss ioners September 16, 1976 H.R. Hosanna , Jo El len Turne r, William Hanson, Bob Brundage Ed Whit e Rich Lorig, Ka rl Nollenberger , Hugh Brown, LeiOma Koestner, Paul Jamieson , Harlan Bucholz The minutes of the meeting o f Aug ust 19 , 1976, were app r oved as presented . * * * * ,. . The Board was pr epared to render i ts decision regarding assoc iation representat ion of the Police Labo r ator y Technicians . l.ffi. BRUNDAGE MOVED , AND MRS . TURNER SECONDED, TO PLACE THE POSITION OF POLICE LABORATORY TECHNICIAN UNDER THE RE PRESENTATION OF THE ENGLEWO OD ID~LOYE ES' ASSOCIATION. The moti on carried . Ayes: Hosanna, Turner, Bri.Uldage Ab stain: Hanson Ab sent; Whit e Nays : None * * * * Paul Jamieson wa s presen t to reque st that his grievance be heard regarding additional cov erage I.Ulder the payro ll deducted Colonial Insurance po licy . This was not to be an actual hearing on the merits of additional coverage. Rather, the Board was to decide whether this was a grievable ma tter. ~~. Jamieson stated that he has not be en allowed to take out additional co verage because the City placed a cut-off date on this of which he was not aware. He felt i t was IIDfair that other employees we re receiving coverage whi ch he was not allowed to have. Mr . Nollenbe r ge r, present to speak to the City's side of the issue, stated that the City felt it their p r e r ogative to decide what deductions c an be made t hroug h the City's payroll . The City has r eceived many requests from other insurance comp anies and various other groups requesting this same type of deduction and the City should be able to limit this . He also stated that all employees received, stapled t.o the ir pay checks, a memo stating tha additio::~al sign-ups for Colonial would cease . Mr . Hanson asked~~. Jamieson wh ethe r he wo ld be able to take out additional coverage on his own and if the cost would be com parable . Mr. Jamieson told him that this would be possible, but the cost would be about t wice as much.. 275 ' •• ' I • • .• I I I '!' - • • • • MRS . TURNER MOVED, AND MR. BRUNDAGE SECONDED, THAT PAYROLL DEDUCTIONS ARE A CITY PREROGATIVE AND NOT A GRIEVABLE MATTER. Ayes: Hosanna, Turner, Brundage Nays : Hanson Absent: White The motion carried. * * * l( The Fir e Department sent a request to the Board that it review its revisions of the recruitment requirements along with those of the Police Department on October 14th. Additionally, the Police Department reques ted that a new testing procedure for Sergea11ts be reviewed at that time. Because the Fire Department was putting off recruitment until the new requirements can be approved, they also requested an extens i on of the current eligibility list. • MRS. TURNER MOVED , AND MR. HANSON SECONDED, TO INCLUDE THE NEW FIRE DEPARTMENT REQUIREMENTS AND THE POLICE SERGEANT TESTI G PROCEDURE CHANGES ON THE A.GENDA FOR THE HEARING OF OCTOBER 14, 1976 . The motion carried. Ayes: Hosanna, Turner, Brundage, Hanson Nays : None Absent: White MR . BRUNDAGE M)VED, AHD MR . HANSON SECONDED, TO EXTEND THE ELIGIBILITY LIST FOR FIREFIGHTERS AN ADDITIONAL SIXTY DAYS FROM ITS EXPIRATION DATE . The motion carried . Ayes: Hosanna, Turner, Brundage, Hanson Nays : None Absent: White * * * * Both the Firefighters' Association and Englewood Employees' Association were represented, but had nothing to discuss. * * * * Unde r Commissioners' Choice, Mr . Brundage inquired about an article in the Denver Post which stated that two new department heads were being hired by the City and if two new department s had been established . }~. Lorig told him that one would replace the City Engineer and the other would head up the new Bi -City Treatment Plant and that no "new" departments had been created . * * * * Under Personnel Director's Choice, }mr. Lorig reported to the Board that the new job descriptions were still being worked on but the project was nearing completion . * * * * 276 •• \ I • • 0 ·. 0 , - - • • 0 I • • .. MR. HANSON MOVED, AND MRS . TURNER SECONDED, TO CERTIFY THE ELIGIBILITY LIST FOR THE POSITION OF ASSOCIATE HOUSING COORDINATOR . The motion carried. Ayes: Hosanna, Turner, Brundage, Hanson Nays : None Absent: Whit e * * * * MR. BRUN DAGE MOVED, AND MR . HANSON SEC ONDED, TO DECLARE THE FOLLOWING POSITIONS VACANT: The motion carried. Personnel Actions: Leadworker -Utilities Sergeant -Police Police Officer Maintenancewor ker -Parks Pr ogramme r /Operator -Accounting Ayes : Hosanna, Turner, Hanson, Brundage Nays : None Absent: White * * * * DE PT. & TITLE Promotion to "Acting" position: Fleming, Charles Hearn, Frank Mikesell, Andr ea Richard, Homer Schuster, Robert New employees: Fessenden, Alice (~oodard , Kenneth • Maintenancewo r ker to Acting Leadworke r effective 8/23/76 Mechanic to Acting Supervisor -Servicenter effective 8/J0/76 Jr. Account Clerk to Acting Programmer/Operator -Accounting e f fect ive 9/1/76 Firefighter lst Class to Acting Driver/Opr /Engineer effect ive 8/16/76 Mechanic's Helper to Acting Mechanic effective 9/16/76 Associate Housing Coordinator effective 9/29/76 Maint./Apprentice Opr. -Wastewater effective 8/26/76 277 •• GRADE & STEP 8A 2A ·. I • • 0 .• I ! ' T • 0 • ------ Return to Normal Positlon : Cochran, Richard Haugsness, James Romans, Dorothy Resignations : Medina, Albert Michaud, Er nesting Acting Driver /Op r/Engineer to Firefighter let Class effective 8/16/76 Acting Driver/Opr/Engineer to Firefighter 1 s t Class e ffective 8/16/76 Acting Di rector of Corrnnuni ty Development to Assistant Director -Planning effective 9/1/76 Sergeanc -Police effective 9/22/76 Programmer/Operator -Accounting effective 9/3/76 ------------------------------------- Probationary to perm . :;tatus without increase in pay: Leone, Edward Williams, Melvin Building Inspector effective 7/16/76 Leadworker -Traffic effective 10/1/76 ?B 5E --------------"'-------------- Anniversary Increase: Bradley, Pelham Police Of ficer 2nd Class to Police Officer 1st Class effecti're 9/1/76 Brantley, Karen Programmer/Opera or -Accounting 5D 0 effective 10/1/7 5E Dean, Ronald Firefighter Jrd Class to Firefighter 2nd Class effective 10/1/76 Forbes, Ralph Police Officer 2nd Class to Police Offi c r 1st Class effective 9/1/7 Garcilaso, John Firefighter J rd Class to Firefighter 2nd Class effective 10/1/76 G runir~er , Michael Firefighter Jrd Class to Firefighter 2nd Class effective 10/10/76 Heelis , Christopher Maintenanceworker -Parks 2D to effective 10/1/76 2E Holl and, John Fir efighter J rd Class to Firefighter 2nd Class effective 10/1/76 e Jasmund, Gary Environmenta l Specialist 9A to effect i ve 10/16/76 9B J ohnson, Char les ~~intenanceworker -Parks 2E to e ffective 10/1/76 2F 278 \ ' • . , ....... • ' ' I • • 0 I ! 'f - I • Lucius, David Miller , David C. Renner, Michael Simpson, La rry Stuart, Mike Swan, Michael Extension o f probation : Cuthriell, David Progress Reports: Wells, Gerald /~iley, Robert Belt, William Morrow, Rodger Gulp, Betty Palmer , William Livergood, Arlo Church, Jack Jamieson, Paul Holloman, Paul Czarny, Ad eline • 0 • . . Firefighter Jrd Class to Firefighter 2nd Class effective 10/l/76 Police Offi cer 2nd Class to Police Officer lst Class effective 9/l/76 Maintenanceworker -Street effective 10/l/76 Police Officer 2nd Class to Police Officer lst Class effective 9/l/76 Firefighter Jrd Class to Firefighter 2nd Class effective 10/l/76 Polic e Officer 2nd Class to Police Officer lst Class effective 9/l/76 Police Officer 2nd Class 90 day extension Fire Police Police Fire Finance Public Works Street Parks Fire Wa ter Prod. Library * * * * t• 2C to 2D There being no further business to discuss, the meeting was ad journed at 8:00 p.m . (I Herbert R. Hosanna Chairman • 279 ' I • • 0 . , •· ' r t '! - -- ( • • • , . • I, POLICEMEN'S PENSION BOARD Minutes of September 23, 1976 Meeting The Englewood Policemen's Pension Board met at 4:30 p.m. on September 23, 1976 with the following Board members present: Mayor James L. Taylor Sergeant J. L. Leydon Director of Finance James Absent: None. Board Member James presented a letter dated September 14, 1976 from Sergeant Albert Medina requesting a refund of contributions to the pension fund as a result of his resignation effective September 21, 1976. BOARD MEMBER TAYLOR MOVED TO GRANT A REFUND OF CONTRIBUTIONS TO THE POLICE PENSION FUND IN THE AMOUNT OF $3,840.92 TO SERGEANT ALBERT MEDINA. Board Member Leydon seconded the motion, and the motion passed by a unanimous vote. The meeting was adjourned at 5:00 p.m. •. 4 0 . I . • 0 . , - - • • • • 0 , . • MEMORANDUM To: Andy McCown, City Manager From: William D. James, Director of Finance Date: September 23, 1976 Subject: Arnie's Lounge On September 22, 1976, Eric Johannisson investigated the possible violation of the liqour code at Arnie's Lounge, 3467 South Broadway. Minor remodeling of the premises is being done. The remodeling consists of replacing the old bar with a new bar which is in the same location, is twelve feet longer, and is curved at the end. In addition, the wall behind the bar has been changed and extended a few feet. New bar stools were purchased to replace the ones which were there at the time of ownership change. No expansion of the premise s is taking place. A City Bui l ding Permit was obtained by Brian Johnson, owner, and is prominently displayed on the front door. The State of Colorado Liquor Enforcement Division is concerned with remodeling when it involves major changes. Major changes would include relocation of serving areas, relocation of liquor storage, relocation of eating and food preparation areas, etc. All expansions require approval. The work being done by Mr. Johnson to his business does not fall into the category of major restructuring of the premises. His intent is to replace old furniture with new and to improve the facility as it currently exists. A letter has been sent to Mr. Johnson apprising him of the need to obtain City Council's approval and the State's approval of any anticipated major changes at his business. tv::.·~~ ,~~· Wi 11 iam D es Director of Finance WDJ/kv ' .. I . • 0 . , f - • • • 0 t• • INf1I.OIIIIICI __ ,DIANDUM Andy McCown, City Manager DATI: September 21, 1976 ~ Kells Waggoner SUIJICT1 NORTH CENTRAL ENGLEWOOD -PHASE I II Unless directed otherwise, the schedule below will be followed as closely as possible for completing the North Central Englewood Phase III drainage area: Advertise Plans Available Receive Bids Award Contract Begin Construction Complete Construction /-{e~ ~­de~~: Waggoner 00 Director of Public Works KW/ls Nov. 17 & 24, Dec. 1 & 8, 1976 Nov. 15, 1976 Dec. 15, 1976 Jan. 3, 1977 Jan. 24, 1977 Sept. 23, 1977 ' ,_ •. I • • 0 ·' \ ! I '' 'r - • • • • • • 0 I • - Englewood Wat e r and Sewer Board Regular Meeting September 21, 1976 The meeting was called to order at 5:03 P.M. by Vice-Chairman Schnackenberg. Members present: Schnackenberg, Taylor, Mann, Hayes, Gibson. Members absent: Sovern, Babcock, Ullery, Wallace. Also present: Charles Carroll, Director of Utilities; representatives from Plan West and Miller-Ernsten, including Hal Kraus, Art Hiller and Bill Howard. I. REQUEST FOR TREATED WATER SERVICE Mr. Bill Howard, representing Mr. Hal Kraus, developer, presented a request for treated water service for 33 acres in Cherry Hills Village, on the east side of South University Drive across from the Country Club. The area would have a maximum of 14 water taps, as the zoning is 2.5 acres per dwelling. The developer proposes to extend six inch mains both from the end of South Race Street and South Universtiy, both locations in Englewood and part of Englewood's system, to a point in the intersection of South Universtiy and East Hampden. From that point on, past a 6" meter, an eight inch main would extend 1,080' to the point of use. Discussion ensued concerning the possible effects this may have on Engle- wood's already deficient distribution system in the NE section of town, especially during peak days and peak hours. It was agreed that the de- veloper would have to install a reservoir so that Englewood could deliver water at a fairly constant rate. The Board desired that we look at a larger service area in that location to ensure that we would not be duplicating the construction effort should more of the undeveloped area seek our water. This meeting was merely to obtain a sense of the Board to see if further investigation would be warranted. The Board asked that the staff and the developer present a more thorough presentation at a special meeting to be called for October 5 • II. RATIFICATION OF THE FAVORABLE TELEPHONE POLL CONCERNING USE 0~ MCLELl.AN RESERVOIR BY DIVERS UNLIMITED Mr. Carroll asked that the Board ratify the favorable telephone poll which recommended to City Council that the firm of Diver's Unlimited be granted the use of McLellan Reservoir for the remainder of 1976. ' • I • • •' \ ! I ' 'r • • • II. (Cont .) Mr. Gibson moved; Mr. Taylor seconded: The mot i on passed unan imously. • - -2- Th at the Board rat ify the fa vorable te l e- phon e poll, recomm ending t hat the City Counc i l a uthor ize the firm of Diver's Unlimite d to use McLellan Reservo i r f or diving tra i n i ng dur ing the remainder of 1976. Ill. MCLE LLA N RESERVOIR USE POLICY Hr. Car roll brought up the subject of an ov e rall use policy at McLe l lan Reservo ir . He r ep o rted that the City Co unc i l d i scussed this at their l atest me eting and asked the staff to consider such a policy. Mr. Mann moved; Hr . Hayes seconde d: The motion passed unanimously. That the staff make a report ,t the next regular Board meeting, on a policy for recommended uses of McLellan Reservoir. I V. CITY COUNCIL DISCUSSION OF A GENERAL OBLIGATION BOND Hr. Taylor briefed the Board on the City Council's recent d i scuss i ons regard i ng a gen eral obl i gat i on bond is sue to accomplish many of the needed projects i n the wate r ut ili ty . This would be an issue of $5-$7 million doll ars to be voted on by th e p e opl e . It would be designed to save many doll a rs lost to i n fl at i on if spread out ove r the next 5 or 6 years. Mor e wil l c om e u p on th i s later. V. SEWER RATE INCREASE Mr. Car r oll pr esented a briefing on a recommended sewer rate for 19 77 . S i nce the Board c on si4ered th i s at an ear l i e r meet i ng, the City Counc i l dec i ded to wa i t unt :l the 197 7 budge t was developed, so as to d ete rm i n e the exact financial ne e ds of the Sewer Fu nd. The sewer rate o f 23e/l,OOO gallons, as pre sented, would supposedly sat- isfy the EP A requ i rements for equ i t y to all customers; and would der i ve very little additional revenue; i nasmuch as growth would provi de most of the nee ded additional revenu e. Within this rate o f 2Je, many customers sould actually see a lower b il l ne xt year. Mr. Schnackenberg argued that we should not lower anyone's bill becaus e we would b e soon after ra i s i ng it again. He felt that we could always use the additional revenu e . Hr. Carroll stated that a rate of 26c would insur e that no one would have a l esser b i ll, and $90 ,000 add i t:onal revenue would accrue. • ,• . ' I I 'r ' I • • '32xl - - • • • • • t• • <. -3- V. (Cont.) At this po i nt, Hr. Mann stated that he had to leave for another meet i ng and he wished to cast an absentee nay vote for any increases whatsoever. The Board asked Hr. Carroll to attempt to bu i ld the rate structure around 23e in such a way that no lower bills would result; and to also be able to receive EPA approval of the result. Mr. Gibson moved; Mr. Hayes seconded: That the Board recommend to City Council a sewer rate of 23e/l,OOO gallons with no customer class receiving a lower bill. The motion passed with four ayes; one nay. There no longer being a quorum, the meeting was adjourned at 6:10 P.M. with business yet to be conducted. Respectfully submitted, Jeffrey Shultz Recording Secretary ' ,_ ·- ' I • • 0 . , f 32xl - ( ' • • • • , . ·. • ~. MEMORANDUM TO THE ENGLE\o/OOD CITY COUNCil-REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD \~ATER AND SEWER BOARD DATE: SUBJECT: RECOMMENDATION: September 21, 1976 USE OF MCLELLAN RESERVOIR BY DIVER'S UNLIMITED That the City Council authorize the firm of Diver's Unlimited to us e McLellan Reservoir for diving train i ng dur ng the rema i nd e r of 1976. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: go Glenn E. Wallace, Chairman Attachment #l • . I • • 0 . , f - - • ( " • • • 0 • '· MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: SUBJECT: RECOMMENDATION: September 21, 1976 SEWER RATE INCREASE That the City Council authorize a sewer rate increase to 23e/1,000 gallons with no customer class receiving a lower bill. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD (\~ By:----------~----------~~~--Glenn E. Wallace, Chairman Attachment 12 •. I • • 0 • I - • • • I• - MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OF RECOMMENDATION OF THE CITY PLANNING AND ZONING COMM I SSION. DATE: September 21, 1976 SUBJECT : 1977-1978 State Highway Department Work Program RECOMMENDATION : Ed Smith moved: Jorgenson seconded: The Planning Commission recommend to City Council the f ollowing 1977-197~ State Highway Department Work Program, as amended. I. Requests o the State Highway Commission for inclusion in the F. Y. 1977-7 Work Pro gram. A. Construction Project on Federal Aid Intersta te System. 1. I-470 a. To be constructed as an Intersta te ighway. B. Construction Proje cts on the State Highway ystem: 1. South Santa Fe Drive: a. Widen and improv e to a six-lane major arterial, continuing the construction project which is now under way in Denver south to County Line Road . b. Construct an interchange at the intersection of West Dartmouth Avenue and South Santa Fe Drive. c. d. e. f. g. h. i. Construct a grade separation at the intersection of West Floyd Avenue and South Santa Fe Drive. Improve upon the interchange at South Santa Fe Drive and U.S. 285. Construct a grade separation at the intersection of West Ox ford Av e nue and South Santa Fe Drive. Construct an interchange at the intersection of South Santa Fe Drive and West Quincy Avenue. Construct a grade separation at the intersection of South Santa Fe Drive and West Tufts/West Union Avenue. Construct a grade separation at the intersection of West Belleview Avenue with the railways. Construct an interchange at the intersection of South Santa Fe Drive and West Belleview Avenue. • ,._ ' I • • 0 . , f • • • • - 2. u.s. 285: a. Construct an interchange at the int<·rsection of Sou th University Boulevard and U.S . 285. 3. Be llev i ew Avenue: a. Construct Belleview Avenue to f our lanes fro m Sou th P e o ria Street to South Sheridz n Boulevard. b. Con stru ct an interchange at the int rsec tion of West Belleview Avenue and South Bro~dway. c . Install storm inlets on the north side o f West Belleview Avenue from South Elati S1reet to Big Dr y Creek. II. Requests relative to the Federal Aid Urban Syste m. A. Additions to the Federal Aid Urban S ystem. 1 . South Clarkson Street from East Yal e Av Enue to u .s. 285. 2. West Floyd Avenue fro m South Downing S tr eet to South Zuni Street. B. Construction Projects on the Federal Aid Ur ba n System: 1 . South Broadway f rom Ya le Avenue to Floyd Avenue. To be widened t o the same width as South Broadway from U.S. 285 to Quincy, providing left-turn pockets and landscaped median. 2. South Clarkson Street: To be constructed to two lanes from U .S. 285 to East Orchard Avenue. 3. South Windermer e S treet: To be constructed to two lanes fr om West Oxford Avenu e t o Gates Parkway. 4 . West Floyd Avenue to be constructed to t wo lanes f rom South Huron Street to South Zuni Street . 5. Quinc y Avenue: To be co nstruct ed to four lanes fr om I-225 t o Sou th Simms Street. AYES: Tanguma, Wad e , Jones, Jorgenson , Parker, D. Smith , Ed Smi th NAYS: None ABSTA I N: Williams ABSENT: Pi erson The mo tion carried . •• ·' . , I ! '! I • • 0 • • • 0 ·~ • No priority has been assigned to these requests. By Order o1 the City Planning and Zoning Commission . Gertrude G'; Welty Recording Secretary ·-.. "" ' -; ' ·. , .· \ I '!' I •. • • 0 l • • )J • I A Construction Projects on Federal Aid Interstate System PRCPOSED AIRPCR T DIAGONAL RCVTE N Je we ll Ya l e Ave I 0 • • I ~ Bo wles Ave I County L1ne Rd "' troctd 9 ·29·7'6 by trlJ . "' ·- "'-~ • • ~ • • - 0 - Englewood, Colorado I B Construction projects on the State Highway System CITY Of ENGLEWOOD .... ,, ... us 285 'r . :e,· i . ·: ~ 1 1 l I . y .l. ' I ~ ~ ~ ~ :L ~ .j -f I ~ ·r , J ~l · --~ "/ .. J I ~~~ I ; .) r ---"' I • ..,... : ,_,.. __ ... .. -...... ., --:;J ~ . . - ,;; ~ --, : -, ·.' <11 ~ ' . lh i '< .. ;-· 3b~ !;;3o f I . ·I{ I \.: ~ t-· ~ • "' I So Sonto Fe Dri ve : ._ u.. -, a W1den to s ix lone major arterial I -'-·-·--· b lnterehange ' ,. , ..:-~ c Grode Separation ' -~ d.lmprove . L-? Grode Separation Interchange ~.Grode Seporat!on .Grode Seporot1on i lnterchanQe • I • • 2 . U.S. 285: Interchange 3 . Belleview: a. Widen to four lanes b. Storm inlets \ ' ' \ ! • I • ...... '!' • - - • • • • • Englewood, Colorado II A Additions to the Federal Aid Urban S)·stem CI TY OF EN GLEWOOD I it . \ I. Clarkson : East Yale to U.S. 285 2 . Floyd : Downing to Zun i .. ... -.-..... ~.-:.~ ~,;-:.: • I · • 0 .• \ ! ' . , 'T - ( • • • • ,_ ,. - Englewood , Colorado II B Construction projects on the Federal Aid Urban CI T Y OF EN GL EW OOD ...-..-··- ! . :--rl---,. ... I '",... I I •..• ,. l--~ I I ~ i I -: I I I I , v r!J.d ,' 4 /_--1 7 .. · •, '" [.,., ~ l Ill I I /- 1 I r--\ r· I Broadway : Widen to some width from Yale to Floyd as from U.S . 285 south 2 Cla rkson : Construction to two Iones from U.S . 285 to Orchard 3. Win dermere : Widen to two Iones from Oxford to Gates Pllwy. 4. Floyd : Construc tion to two Iones from Huron to Zuni 5. Qu i ncy : Construction to two Iones from 1·225 west to Simms "'' System -----, ......... r I • I I ~; r ... :;rri ,--1.....--·-_j l• '*"" I ,is·t··r~ls •~~ ,.,.~ • ...,. • ,_ ••.. ..;.J I' : I I ! '!' ' I • • - • • • • 0 - '(, COUN CIL ACTIO N REQUEST LIQU OR AN D J .2 BEER OUT LETS APPLICANT : Sa. 6 es.aty S.toJtu , 1 nc • 12 5 EtU>.t Hampde.n Ave.I'!LLe. Engl~od , CO 80110 TYPE OF ACTION REQUESTED : Re.n~-3.2 Be.e.Jt, o66 pllem..i.l>e.6 Ex.p.i.Jtu -Ve.c.vnb e.Jt 3 , 1976 POLI CE AND FB I RE PORTS : •• PREVI OUS CITY COUNCIL ACTIONS DURI NG PRIOR TNO YEARS, EXCLUDING ANNUAL RENEWAL: CI TY ATT ORNEY'S REV I EW: COMMEN TS: ' •• ------~ 5 c I · • 0 . , ' • • • - STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% ,_ • DO NOT WltiTE IN TH IS ~PACt FERMENTED MALT BEVERAGE LICENSES (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST ) A.fTUGHTING LIQUOR ENFORCEMENT OFFICER'S ACTION •• ,110\'A.l ,...., ' ~tl~~~ LJ A.UTHOitiTY If lfQUIUO SEN D TO COtOlA.OO Of.P ,Ul MfN1 SAFfWA Y STCflES I , C \:>04 12 5 T H.At'PD !:..'l F.:N !~L E'I\L C D Cl 11 11 0 APPROVED 9 -ff --.2~ DAfE DISAPPROVED DATE Of IIEvtNUl . ST A.l[(A.PITOI. A.NNU ll1~ SHUM.AN $1 OfNVU Cot() IO?OJ ~INS(f?'-o/c>Nf NO --- ~~~~ OHIC U'S_!IG NAT~IU I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION fD)~l?nnfQlr.Jl "i7flfln~ @!f[pfDl\VJ EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STR!JCTURE. lffi~ U ®lffilKJ U UlJ[l~ __ ~~l.( U siGNAruu ;?d~-R.L.KRETfTfEL~ Dzv. OoN'l'ROLLER (IF THERE IS A CHANGE I:01~SHIP DO NOT USE THIS FORM. USE AN ORIGINAL APPLICATION.) . ·IMPORTANT MANAGER's N AME .Eu~NE P. SAU~R MAKE cHEcK oR MONEY SE E IN STRUCTIONS ON THE REVE RSE SID E. If APP LICANT IS A CORPORATION . Fill IN REVERSE SIDE . NEW TRADE NAME RENEWAL APPLICATION FOR 3.2% FERMEN TED MALT BEVERAGE liCENSE FO R THE YEAR ENDING U.M ACCOUNT N UMtllt ~ l1 AI Illt1' I Nf O itMA.ti()H iii.U tflttlNCf ,.,., U""lt'< O.&lf 0 1-? sot 1-1 7 5 10 OL 1 01 8 3 2 )'t 7 u I 1 2 037 7 ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . TOTAL FEE (S) FEE TYPE J "3 .2 C ITY NAME AND DESCRIPT ION OF LICENSE P i:K Cf: ·1 11'E t-'ET A! l llC E NS O: 5 Pl:t'.Lt· ;T L:..t• FEE (The follow ing affidavit to be "gned and a ck nowledged by indtvidvo h. and (II applic ation is fo r importe r'i license , '""" state of b ut.t ne u residence f, ..:.:>. J-.: j -i $ 2 l.c.5 J each member of partnerships and b y corporations) STATE OfZ~~ 0..A.LIFORNI.A } County ol A L.A TfE D..d SS ) R. J. Y.A .N ilE11ERT , being b y ftrst duly sworn , if fo r himself , deposes and W~ys; that he is the applicant above named; or that he IS SEc R.E T ..4R r o f the above named corporation: That "'• has read his original application and that he knows the contenh thereof . and that all maMe rs a nd thmgs therein Mt forth ore true of his ow n knowledge, and he ogrH s to co nform to all rules and regulattons pr omulgated by the DEPARTMENT OF RE VENUE IN CONNECTION THEREWITH . SU BSCRIBED AND SWORN TO BEFORE ME THIS 17th INDIVIDUA l S AND All MEMBERS OF PARTNER SHIP OR PRES OR SEC Y Of COR,. MUST SIGN HERE , o F '/\ ~epbfmb~r . •• 76 ·----:::ftr Citu #(. ~~ .,ucH s~~., Diane M. ton~' ... Y l'uauc MY CO,.M/SSION EX PIRES 1/22/78 REPORT AND APPROVAL OF LOCAL LICENSI•G AUTHORITY (MANUf.t.CTU REiiiS WHOLESALERS , IMPORTERS AND llAILROAOS OISREGA.RO THIS SECTION) !~~ C:~g i ~~ r~:~l~o t;h;, ~:c1h ~:=~~ ex,~m;r~dnted."d w1l~he me~:·,'h~"';•o~::;~l~ r:~:~r~'!-!h 0 :1 ~~:oro:~~~h bo~~~he onJP~h:nt d~~res 101!'/o~hi ' •nhob•tonh, and comp ht!s w1th the provltlons of Title 12 , Article 46 , CRS 1973. THE REFORE THIS APPLICATION IS HEREBY APPROVED DATED AT THIS DAY OF • AD 19 (NAME Of TOWN, CITY OR COUNTY) BY (MAYOR 05l CH AIRMA N OF BO ARD Of COUNT Y. COMMISSIONERS OR OTHER TITLE Of LICENSING AUTHORITY .) ATTEST {ClE RK O il S E CR~U.RY OR OTHER OF FICER HAV ING THE OFFICI Al SEAL OF THE LICENSING AUTHOIITY ) C' the prem•ses ore located W1fh1n f o to wn ::m!','~,o~=~" ~t;:dve the o~~;~~~~~ ~~~~ld b~:,J~gn1t :; '::din:~~:' 0~ndoth::{ ... if ,;:. oloc~un~en~ o ~t h:r~ty c~~"::'e 0~th!~e or.:~~ ~henco~:~h approva l sho ul d be g iven by such off ici al ) • I • • 0 - • • ,_ : . • -------- ,.,,, .. I , ,. lf.ABTL.AND 0.AKL.AND " . .AL.ArrE D.A u .. lf.ABCH 24, 1926 , .. ,. C.ALI TOBif I A .APBIL 6, 1976 I ~ , I .... .. 0.:: .• ... :.• .. l >' . ' WrLLI.Arr lfr~cHELL F. CoLLIIfS AssT. ;5:5 L.ANE a~., O.AKL.AIID, C.J.Lr,.. 780 0.J.K Gao.,.E, CoNCORD, a.A. 15 lfoNf'.ALVo AvE., S.J.N Fa~o11. fJ785 H.AasoaD DB., O.AKL.J.IID, a ... 507 CoLurrBIII~, GoLDEII, CoLo. 9/19/14 9/20/18 :5/05/14 :5/18/22 J.ArrES If. lfcGINTT R. J. Y.AN G~taBT EuGEifE P. S.~ouEB I ~,. : •• '· I .,. .,.J ; ... NoN~ ,. ,t '" ~" l ,y •.l'lt 10/:50/40 As 01' ~H~ D.A~E ~B~OF, APPLIC.AN~ HAS NO ·S~OCKHOLArBS OWifiifQ OB CON~BOLLINQ 10% OB rroM 01' ~HE C~PI·f'.AL Sf'OCK 01' ~Ia COBPOBA'l'ION. . '!l 1-:.: ';ft • ·~I · • 1 ·o~:'l :lilt' Ll ~.:t ;,,~ I. l,t;t t i' ···,J!'r._·,·· { ,'\! 1 ~l,'t:l.~P!l .{lli'(J t\dXht · ... · •·' t • •\ I •I I y I ;IJ •. I . • 0 .• I 1 ' ,. - • • • 0 t• • <. M E M 0 R A N D U M TO: Wi II iam D. James, Director of Finance FROM: Robert R. Holmes, 01ief of Pol ice DATE: September 20, 1976 SUBJECT: LIQUOR OUTLET CALLS -SAFEWAY, INC . Please be advised the police department has received no ca l Is during the past year in connection with the I iquor I icense for the above establishment. ~~~-~~ ~-~l .mes Chief of Pol ice ez ,_ I • • 0 . , • • • • • CO~Kj f AG1'l0N REQUEST LIQTJJP Nlf . ;: BEER OUTLETS APPL!CANT: S e.v en Ete.v en S.tOJt.e. 1277 Ea4.t Hampden Avenue Engl0Waod, CO 80110 TYPE Cli.' ACT I 01~ R.EQUE[-;T F.D: Re.nwaf. -3.2 Be.eJt, o6 6 p!tem.U,r~ Exp~eh -NovvnbeJt 30 , 1976 POLICL AHD ?!"': l.E 'O'l"'S: Encl.oHd. , . PREV IOUS CITY COU NCIL AC TI• ·!·'•' JU RING PR I OR TWO YEARS, EXC LUDING /.NNUAJ.. F l'IIJ:V.!J : CI1.M.:tiTS· •• ,_ 5 ' I . • 0 . ' , ·' \ ! ' or - • • • • ---------- • (R EV . 1 0175 ) STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAl APPliCATION FOR 3.2% FERMENTED MAlT BEVERAGE liCENSES • 00 NOT WRITE IN TH IS Sfi 4 CE (GET APPROVAL OF LOCAL liCENSING AUTHORITY FIRS T) liQ UOR ENFOR CEMEN T OFFICER 'S ACTION AJ IUGETTI"'G APPROVAl Of l OCAL I IC f NSING o\UT HOIIII'f, If IIE OUIIED SEN D TO COlOU.DO DtP ... l !MfHT Of llfVt N Uf ST AH C API TOl ANN f l.. 137~ S"UMAN ST OfNVU COl O 00103 sc•u n L A ~ , c f " IJ 1.1 S T 1 ~ l 1-'! ~. s ~ vt · H ~V E-1\ ~ T I I' 1,: J U l S 6 1£71 ,. t-.. r-p ,· f-I lo~l>l ~\· r ·~ ~ R ,r 'L l l J I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICAT ION EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STR ~CT I/J . 7~ APPROVED DI SAPPROVED ", \ I I .. I 9 -~ -~~ DATE Dot.TE ._, IS FORM 'u ;e:i"AN~NA L APPli CA TION .) /--"='?<~t:--'-<·~~/~~ MAKE CHECK OR M O N EY IMPORTAN T SEE II<SIRUC IIONS ON !HE REV ER SE SID E '/ O RDE R PAY ABLE TO TH E COLORADO DEPARTME NT IF APP LI C ANT IS A NEW TRADE NAM E OF REV EN UE . REN EWAL APPLI C ATION FOR 3 2% FE RM ENTED MAl l BE VCRAGE LI CENSE FOR TH E YE AR END IN G TOTAl FEE (S) UW: ACC OUN t H UM8U ~ ti A tll ll't N f 0 1!Mid i 0 N l 13 u 7 1 7« .::!.J/1 ~ .. TYPE NAME AND DESC RIPTION O F liCE NSE FE E j j .l. I'··. { ' . 1 r f~t t I C F S :--·-.) • d J C. 'J ll ~. T Y r :::; I' • R t., 1\ 1 "-,: ~ (The fo llow•ng o tf•dov•t to b e $tgned and a cknowledged b y (If oppltc otion ·~ fo r •mpo rte r's ltcense uuert 'to te o l bustneu restd e nce SlATE O F CO l ORADO Co unty o l Denve r } ss me mber cP, I · :;; .(" ·ll I.._' • \., of portners hlps ond b y corporations) ) Gene Ford , betng by me ftrs t duly sworn , tf for htmself d e poses and 10ys, fho t he '' the applicant abo .... nomed ; or tha t he ''As sistant S ecr e tacy the abo ve named corporo hon That he ho• reod hts or•o •nol applic ation and th at he knows the conte nts the reof o nd that oil moH e n and thtnQ s there•n \et fo rth ore tr ue of h,, o •n knowledge, o nd he o grH I to conform to oil ru le, o nd regul ottom p ro m ulgated b y th e DEP ART MENT Of REVEN UE IN C O N NECTtON TH EREW ITH SU &SC RI8f 0 AN D SWORN TO &HO lt £ ME THI S lOt h m Sep t~er 176 ;r-:1 tLu..._ <Z -~ 4 1 '~ NOW ' M "C MY COMM ISS ION EXPUlES 4-21-77 THE REfOR E !HIS API'liC AIION IS HER EBY APP ROVED D AY INOtVIOU AI S A.N O .t.ll MEM &Eit S Of P.t.lt l...,ERS tHII' OW PIES O lt S£CY Of CottP MUS l StG N HUE D A TE D AI !HIS D AY OF • AD 19 (N AME Of !OWN . CITY O R CO UN TY) BY (MAYOR O lt CH.t.IR M.t.N OF BO .t.R O OF C OU NT ~· CO MM ISS IO NER S OR OTH ER TITlE OF liCE N SING AUTHORITY .) • •• ·. ' I • • 0 f - - • • Jere w. T"nompson Joseph s . '"Iar~11n R. o. ~th R. G. bn1th Jerrie Spr1ast1eld The l 'hilp Conpa111 • • ;- - -------- .... .Aa. Dalles Dallas April 15'9 lW'S 4217 Armstrong i kwy. 9 Dallaa ·;~~c ~~mbark Dallas l~v't. ~ileyeane il., J lichardaon l~Ch Cbeyen."l I-1., !1!ehu~ son 7 20 .: •• ·1erce, LU(;t-!OC..l l/18/32 lO/l.l/15' 3/V23 3/3/2~ '5/9/36 2828 II. llaske~.1 . 1~.6~ Texag Corp. • : • Jl•l.i r l ' t~ • '"' l . I I . ·. r . r •. ' I . • 0 ·' I ! ' 'r • • • 0 I• - (, --------- MEMOR ANDUM TO: Wi I I iam D. James, Director of Finance FROM: Robert R. Holmes , Chief of Pol ice DATE: September 20, 1976 SUBJECT: LIQUOR OUTLET CALLS -7-ELEVEN, 1277 EAST HAMPDEN AVE. Please be advised the pol ice department has received no cal Is during the past year in connection with the I iquor I lcense for the above establishment. Chief of Pol ice ez ·.' •. ' I • • 0 f • • • - COUNCIL ACTION REQUEST LIQUOR AND J ,2 BEER OUTLETS APPLICANT: Na..Uottai. Food/, 4160 S ou..th BMadwa.y Englewood, CO 80110 TYPE OF ACTION REQUESTED : Re.newo..t -3 • 2 Be.eJL, on n p!teJn.U. u Ex~e.h -NovembeJL 4, 1976 POLICE AND FBI REP ORTS : Enc..to!>ed . PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, FXCLUDING ANNUAL RENEWAL : CITY ATT ORNEY'S REVIEW: COMME NTS: •. ------- 5 E ' I · • 0 .. ' • • • • (REV . lo/75) AfiUGUliNG AJ'f'llt0V AI Of lOCAl UClN"-ING "UIHOittlY , tf ltf0UI IIt(0. ~END 10 COlOIAOO Df"A..IItlMI:N T Of llt(V(NUE . Sl AT( C.Af'ITOl • I• - STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES • 00 NOT WltiTE IN THIS SPACE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSTI liQUOR ENFORCEMENT OFFICER 'S ACTION I ,.1 T i '"·A L f t:l< CJ 9-~-!/C APPROVED DArE ~·ill -··!:, :)UI'r, 1"1,, I ulv' ,, ..-' T 1 '' "'L SUi>c:K, ~r·f'~.-T DISAPPROVED OAT(-- ••t L I JJ ;,, Fu\.!U .> ANNU 131) <t.l uU ::, g[;.,y ~UM.t.NST [)fNVft COlO l 'IJGL ,•,_ L LJ C.u o l 1 lu 00>03 ~~'}~- OiftCtllt'L$KiNATUtt I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION rg:(~'1f'nn[O)r.iJ 'if'flfln~ . (ill([jlfDl\Vl EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . uulS U \2JlJl)U\J U UlJU~ _l.!:l)l!:!)Lf' U SIGNA lUll .(IF THERE IS A CH ANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPliCATION .) IMPORTANT SEE INSTRUCTIONS ON THE REVER SE SIDf.. MANAGER'S NAME Sal Vella IF APP liCANT IS A CORPORA TION , Fill IN REVERSE SIDE . NEW TRAD E NAME RENEWA L APPli CATION FOR 3.2% FERMENTED MAlT BEV ERAGE liCENSE FOR THE YEAR ENDING UW ACC O UNT NUMIU Po-l!AI II I TY I NfQINIA IIQ N (on "'" v.l-l.l3 SU-Ol7 l u UUo .lUi ~ J 1!U4 tY TYPE NAME AND DESCRIPTION OF liCENSE ..; :>.l i'_f.. --~"T <.d:r< ··-T~lL LlL ::.~S t. 110377 MAKE CHECK OR MONEY ORDER PAYABLE TO THE COlORADO DEPARTMENT OF REVENU E. TOTAL FEE (S) ...., l s 4o.2 !> J FEE 1 S 2!>.00 I -, J _s 21.25 1 (The follow.nv affidavit to be s1 gned and ackno wledged b y •nd1V1duols and each member of partnerships and by corporottons) {If applicatio n is for importer's license, 1nsert state of b usmeu residence ) STATE OF~ Illinois County of Cook , being by named , or that he ,, Asst. Sec retary that he lr.n o ws the contenh thereof and that all c:on form to all ru les and regulot•ons promu lgated SUISC"'I~D ~ND SWOR" TO lfFORf ME TH IS 16th 0 , Sey tember _a ... _:_ ... if . A.TT ACI-I Sf Al j MY CO"""'ISSION EXPIRES The anginal opphc ollon and we do repo rt that tnh ob•tonu. and complte S (' •• 76 \...L ~<'l _ NOT A Il l 'UI UC THEREFO RE THI S APPliCATION IS HEREBY APPROVED } ss E. J. Gorczyca f•nt duly sworn , 1f for h i m~elf, deposes and says; that he is th• oppftcont obow of the above named corporatio n. That he has read his origina l opplfcotion and monen a nd th1ngs there1n set forth are t rue of h" own know~~. and hll ogr~ to by rho DEPARTMENT OF REVENUE IN CO NN ECTION THEREWITH . IHDIVIOU ALS AN D All MEM8ER S OF PARTNER SHIP 0« ftltfS OR SECY Of COWP . "-"USJ StG N HEitf DATED AT THIS DAY OF , AD 19 (NAME OF TOWN , CITY OR COU NTY ) BY (MAYO R O R CHAIRMAN OF BOARD Of COUN rt' CO""""'ISSIONEitS OR OlHU TllU OF UCENSING AUTHOR ITY .) ATTEST , (ClE RK OR SE CREU.ItY OR OTHER OffiCER HAVING THE OffiCIAl SEAl Of THE liCENSI NG AUTHORITY .) c ~ ·~·. p:h:;:~n or:. ~~~:~·~oo~~h·:. 0 co';;;; :;m~·.~~o~=~l ~~~ve the o~:;~~~~~ ·~~~ld b:rd'9",t :; ~~~'":~::' o~nd ot~~.!.' ... '' ~: a kx~i"7~en~ outhonty " 'lOme other off1dol, then sucn opprovol 1hould be g i..,.n by such off•c •ol .) • ' I • • f - • • 0 • Illinois Chicago Cook "' Feb. 6, 1902 Illinois . · ,. . March 1975 '' 9701 w. Higgins Rd., Rosemont N/A .. .. N/A " .. N/A .. " N/A Valdon Schulz John Loper Sheldon Durtsche Bennett Berman Sal Vella 11490 West 76th Way, Arvada, Co • 1/17/37 • u. . ,, f.· •t· ·'"'' No stockholder owning 10% of the capital stock is a resident of the State of Colorado. No director, officer, or stockholder controlling 10% of the stock of the corporation has any interest in any liquor license of any type in the State of Colorado. National Tea Co. stock is actively traded on the New York stock exchange. .. li'P ) ' ' , • ,itt • 1 ~ 11' \ v ~ll H , rt ! I lll l i\11 1 I .. ' • ( • ~II • 1 1 ~ t , . .. " I • • 0 . , - • • • 0 •• • MEMORAN DU~1 TO: Wi II iam D. James, Director of Finance FRJM: Robert R. Holmes, Ch ief of Pol ice DA TE: September 20 , 19 76 SUBJECT: LIQUOR OUTLET CALL S -DEL FARM , 4160 S. BROADWAY Please be advised the pol ice department has received no calls during the past year in con ne ction with the I iquor I icense for the above establishment. ~~~ Chief of Police ez ' ·. , ·' \ ! '! I • • 0 • • • • t• - 6 A INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. ~~ , SERIES OF 1976 AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF SEWER MAIN EXTENSIONS, WITHIN THE INDUSTRIAL AND COMMERCIAL AREAS, BOTH INSIDE AND OUTSID~ THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That subsection (a) of Section 5, Chapter 4, Title XI, 1969 E.M.C., is hereby amended to read as follows: 15-4-5: SEWER TAP FEES (a) At the time of filing the application, the following sewer tap fees shall be paid: Property Use Basic Unit Outside City (For Treat- ment Plant) Inside City (For (For Treat- Sewersi ment Plant) (1) Industrial By tap size and com-6" Si.,%25 1,500 $ &+5 900 $l,l25 1,500 mercial 8" 2,25Q 3,000 ~5Q ]JlOO 2,25Q 3,000 10" 3,3+5 4,500 i!.,Qi!5 2,700 3,3+5 4,500 12" 4,875 6,500 3,225 4,300 4,8+5 6,500 (2) Single and Each multifamily dwelling dwellings unit 45Q 600 Actual cost 45Q 600 (3) Schools Each 12-pupil Actual cost capacity 45Q 600 45Q 600 {4) Hospitals Each 4-bed Actual cost capacity 45Q 600 45Q 600 (5) Mobile Each 3 sites Actual cost home 45Q 600 45Q 600 courts (6) Churches Per tap 45Q 600 Actual cost 45Q 600 -l- ' ' •• ....... - ,_ I • • I ' . 1 •' ( ( • 0 • '· b B ~- That au Ord.inance, and Part, Of Ordinance, in Conflict herewith are hereby expre,,ly repealed. on the 20th day of September, 1976. Introduced, read in furr and pas,ed on fir•t reading PUbli•hed as a Birr for an Ordinance on the 22nd day of September, 1976. day Of October, 1976. Read by title and Pa••ed on Einar reading on the 4th 1976, on the 6th d•y Of October, 1976. Published by titre a, Ordinance No. -----_, Series of ex of ~c~o C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing i, a true, accur•te and complete copy Of the Ordin•nce , passed on finar reading •nd Pubri,hed by title '' 0rdin•nce No. -----_, Serie, Of 1976. -ex-o f~c~o C~ty Clerk-Treasurer -2- ' I • • 0 ' - ,• • • • • • • • , . • Section 2. That all ordinances and parts of ordinances i n conflict herewith are hereby expressly repealed. Introduced, read in full and passed on first reading on the 20th day of September, 1976 . Published as a Bill for an Ordinance on the 22nd day of September, 1976. Read by title and passed on final reading on the 4th day of October, 1976. Published by title as Ordinance No. 1976, on the 6th day of October, 1976 . MAYOR ATTEST: e x off~c~o city Clerk-Treasurer _______ , Series of I, William D. James, do hereby certify that the above and foregoing is a true , accura te and complete copy of the Ordinance, passed on final readi ng and published by title as Ordinance No. , Series of 1976. ex officio C~ty Clerk-Treasurer -2- • •. • • 0 ·. .• \ ! I • 1 f ~ • • • • - b B INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AU THORITY ORDINANCE NO. 4~ , SERIES OF 1976 AN OR DINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD, COLORADO, THE CITY OF LITTLETON, COLORADO AND MOTOR CRANE SERVICE CO. RELATING TO A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT. WHEREAS, the City of Englewood , the City of Littleton and Motor Crane Service co. are desirous of entering into an Agreement granting the City of Littleton a permanent easement and temporary construction easement. 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 Agre ement with the City of Littleton, Colorado and Motor crane Service co., according to the provisions of that certain written instrument captioned "Agreement", which is attached hereto, consisting of six (6) typewritten pages and is hereby incorporated by reference herein. Said instrument ,_ provides as follows: 1. Littleton shall initiate, without further negotiation, a proceeding in condemnation in the District court of Arapahoe County, Colorado, whereby Littleton shall seek to condemn the interests of Englewood and Motor Crane, if any, in and to the property encompassed by the permanent easement and temporary construction easement described in Exhibit "A" attached to said Agreement, and by the specific reference incorporated therein. 2. Englewood and Motor Crane agree that upon the filing of said condemnation proceedings, Englewood and Motor Crane will each stipulate and agree that the fair and reasonable market value of the said permanent easement and temporary construction easement shall be in the amount of $21,000.00 , and upon the filing of said Stipulation in the said condemnation proceeding, the -1- ' • I • • 0 ~' \ ! • • • • - City of Littleton shall deposit with the Registry of the District Court of Arapahoe County in said proceedings, the sum of $21,000.00 to thereafter be held by the Clerk of the District Court of Arapahoe County, subject to Order of Court so directing, in an interest bearing account for the use and benefit of Englewood and Motor Crane, as their interests in and to the property emcomRassed by the permanent easement and temporary construction easement may be hereafter determined in said condemnation pro- ceedings. 3. Upon execution of said Agreement, Englewood and Motor Crane shall execute a conveyance unto Littleton of the permanent easement and t .emporary construction easement, as defined in Exhibit "A" of said Agreement. 4. Upon deposit of the sum of $21,000.00 by the City of Littleton with the Registry of the District Court of Arapahoe County, Englewood and Motor Crane shall stipulate and agree that an Order may enter in said proceeding determining the fair and reasonable market value of the said permanent easement and temporary construction easement to be in the amount of $21,000.00 and declaring that on account of said payment into the Registry of the Court, title to said permanent easement and temporary construction easement shall be vested in Littleton. 5. Upon payment of the said sum o f $21,000 into the Registry of the District Court of Arapahoe County, said sum shall remain on deposit therein for the benefit of Motor Crane and Englewood, pending appropriate Court Order (whether in the said condemnation proceedings filed by Littleton or otherwise) , or by agreement of Motor Crane and Englewood, establishing the respective interests of the said parties in and to the subject property and the values thereof. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado, -2- I • • 0 • • • • - to subscribe his name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. Introduced, read in full and passed on first reading on the 20th day of September, 1976. Published as a Bill for an Ordinance on the 22nd day of September, 1976 . Read by title and passed on final reading on the 4th day of October, 1976. Published by title as Ordinance No. 1976, on the 6th day of October, 1976. MAYOR ATTEST: ex officio City Clerk-Treasurer ______ , Series of I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1976. ex officio City Clerk-Treasurer -3- ' •. I • • 0 • L • • • • ·, • (, INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. yq , SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 E.M.C. BY ADDING A NEW ARTICLE III THERETO, LEVYING AND FIXING A LICENSE TAX ON ALL PERSONS CONDUCTING OR ENGAGING IN THE BUSINESS OF PROVIDING ENTERTAINMENT OR AMUSEMENT AND COLLECT- ING AN ADMISSION CHARGE FOR SAID ENTERTAINMENT OR AMUSEMENT; PROVIDING FOR THE PAYMENT AND COLLECTION OF THE TAX; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND, RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF SAID CHAPTER 2. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF ENGLEWOOD, COLORADO; as follows: Section 1. That Chapter 2, Title IX, 1969 E.M.C. is hereby amended by adopting a new Article III, to read as follows: CHAPTER 2 AMUSEMENTS ARTICLE III -ENGLEWOOD ADMISSIONS TAX 9-2-31: 9-2-32: 9-2-33: 9-2-34: 9-2-35: 9-2-36: 9-2-37: 9-2-38: 9-2-39: 9-2-40: 9-2-41: 9-2-42: 9-2-43: Definitions. License Tax Based on Admissions. Filing of Statement and Payment of Tax. Exclusions. Temporary Amusements and Enter- tainment, Bond and Permit Required. Inspection of Records. Records. Liens for Unpaid Taxes. Penalties for Non-Payment. Determination of Tax Due By License Officer . Violations and Penalties. Repeal of Confliction Ordinances. Severability. ' ,_ . , • . ' • • 0 f - • • • 0 • 9-2-31: DEFINITIONS When used in this ordinance and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set herein: (a) Admission Charge. The term "Admission Charge" shall mean any charge for the right or privilege to any entertainment or amusement and shall in- clude, among others, the following: all charges for seats, chairs, tables, benches, reserved or otherwise, and other similar accomodations: all charges made for food and refreshment where any free entertainment is provided other than by mechanical means: all charges made for the use or rental of equipment or facilities for pur- poses of entertainment and amusement unless persons not using the equipment or facilities are admitted free: and all automobile parking charges where the charge is determined by the number of passenger in an automobile. (b) Entertainment or Amusement. The term "Entertain- ment or Amusement" shall include, among others, the following: circuses, motion picture shows, shows of all kinds, all sporting contests and athletic events, including exhibitions, concerts, lectures, vaudeville, bowling, dancing, swimming, golf, and bathing, sideshows, amusement parks and all forms of recreation therein, billards, pool, operatic performances, theatrical performances, and any other form of diversion, sport, pastime or recreation, (c) Person. The term "Person" shall include an individual, firm, corporation, company, partner- ship, association, an unincorporated association, and any person acting in a fiduciary capacity. (d) Taxpayer. The term "Taxpayer" shall mean any person who cQnducts or engages in the business of providing entertainment or amusement. -2 - ' •. ' I • • 0 .. ' • • • • 0 I • • 9-2-32: LICENSE TAX BASED ON ADMISSIONS. There is hereby imposed on every person conducting or engaging in the business of providing entertainment or amusement to which a charge is made for admission within the limits of the City of Englewood, a license tax of 3% of each admission charge. Said license tax is an addition to all other taxes imposed by law. 9-2-33: FILING OF STATEMENT AND PAYMENT OF THE TAX. Every person conducting or engaging in the business of providing entertainment or amusement and imposing a charge for admission within the limits of the City of Englewood, shall, on or before the fifteenth day of each month, file with the City License Officer a statement signed and sworn to by such person indicating the number and respective prices of admis- sion charges collected by such person during the next preced- ing calendar month. A remittance for the amount of the tax levied by this ordinance shall accompany the statement. 9-2-34: EXCLUSIONS. This ordinance shall not apply to any person conduct- ing or engaging in the business of providing entertainment or amusement where admission charges are to be used exclusively for charitable, eleemosynary, educational or religious purposes. 9-2-35: TEMPORARY AMUSEMENT AND ENTERTAINMENT, BOND AND PERMIT REQUIRED. Every person conducting or engaging in the business of providing temporary or transitory alllusement or entertain- ment and receiving admission charges for the same shall be subject to the tax levied by this ordinance. Such persons shall obtain a permit from the City License Officer at least twenty-four hours in advance of any operation conducted within the City of Englewood. Such persons shall file a statement and remittance on the day following the conclusion of the operations or at such reasonable time or times as the License Officer shall determine; provided, however, that before a - 3 - -•• ·. I • • 0 • • • • t• - 9-2-35: permit shall be issued under this section, the applicant for the same shall deposit with the License Officer a sum of money, or bond in lieu thereof, conditioned upon the faithful compliance with the provisions of this section, in an amount to be de- termined by said License Officer as sufficient to cover the admission taxes which shall become due and owing upon the con- clusion of temporary or transient operations. 9-2-36: INSPECTION OF RECORDS. The City License Officer, either personally or through his authorized agents, shall have the right to inspect and examine the records of every person subject to the tax imposed by this ordinance. 9-2-37: RECORDS. All records of every person conducting or engaging in the bus iness of providing entertainment or amusement shall be retained for a period of three years. 9-2-38: LIENS FOR UNPAID TAXES. A tax due and unpa id under this ordinance shall be a debt to the City of Englewood. It shall be a personal obligation of the taxpayer and shall be a lien upon all the property of the taxpayer. Said lien shall have priorty over other liens and obligations except those due to the State of Colorado and the United States. Said lien shall be enforced by the City License Officer as any other lien would be enforced against a defaulting debtor. 9-2-39: PENALTIES FOR NON-PAYMENT. A taxpayer who fails to remit the amount of the tax when due shall, in addition to all other penalties, pay a penalty of 10% of the amount of the tax d~e. Far each succes- sive two days elasping before payment the~e shall be added an additional penalty of 5%. - 4 - ' ' ...... I • • . , I ! f 'f - • • • • • 9-2-40: DETERMINATION OF TAX DUE BY CITY LICENSE OFFICER. If a taxpayer fails to file a statement, or the License Officer has reasonable cause to believe that an erro- neous statement has been filed, the License Officer may pro- ceed to determine the amount of the tax due, and in connection therewith, shall make such investigations and take such testi- mony and evidence as may be necessary; provided, however, that the taxpayer shall be given notice and an opportunity to be heard before any determination is made by the License Officer. 9-2-41: VIOLATIONS AND PENALTIES. Every person who willfully violates any of the provisions of this ordinance shall be g~ilty of an offense hereunder and upon conviction thereof shall be liable to a fine or penalty of not less thar. $35.00 nor more than $300.00 or by imprisonment not to exceed ninety days, or by both such fine and imprisonment for each offense. 9-2-42: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances of the City of Englewood in conflict with the provisions of this ordinance are hereby expressly repealed. 9-2-43: SEVERABILITY. Each of the provisions of this ordinance are severable and if any provision is held invalid, the remaining provisions shall not be affected but shall remain in full force and effect. Section 2. That Section 9-2-41 and Section 9-2-42, Article IV, entitled, "Miscellaneous Amusement Fees", and "Closing Hours- Miscelloneous Amusement Houses", respectively, are hereby re- numbered as follows: - 5 - ' • . ' I • • 0 . , ' • • 9-2-50: 9-2-51: • • ARTICLE IV -MISCELLANEOUS. MISCELLANEOUS AMUSEt.ffiNT FEES. (No Change) CLOSING HOURS -MISCELLANEOUS AMUSEMENT HOUSES. (No Change) Introduced, read in full and passed on first reading on the 7th day of September, A.D. 1976. Published as a Bill fo~ an Ordinance on the 8th day of September, 1976. Read by title and passed on final reading on the 4th day of October, 1976. Published by title as Ordinance No. 1976, on the 6th day of October, 1976. MAYOR ATTEST: ex officio City Clerk-Treasurer ______ , Series of I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1976 . ex officio City Clerk-Treasurer -6- . , ·' I ! 'r ' I • • • 0 - - , • • • • 0 - 6 D INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES",BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENC ING AT 7:30P.M. ON THE FIRST MONDAY AFTER J ANUARY 1, 1978. WHEREAS, Section 2l of the Charter of the City of Englewood initially fixed the amounts to be paid as monthly salaries to the members of the City Council of the City of Englewood; and WHEREAS, the aforesaid initial salaries effective July 8, 1958, were modified by Ordinance No. 41, Series of 1969; and WHEREAS, with the growth of the City of Engelwood, since that date,the duties and responsibilities of members of the City Council have correspondingly increased,and the time spent on City business b y the City Council has likewis e increased, so that it is now appropriate that the future members of the Englewood City Counc il should receive an increased compensation over and above that which was initially set in November 1969. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That S e ction 41, Chapter 4, Title I of Article IV entitled "Council Salaries" is here by amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are hereby fixed in the following amounts: Mayor . . . . . . . . . . • . . . . . . . . . $i51h·99 Mayor Pro Tern ............. $~~5TQQ Councilmen ..........•..•.. $~99T99 $250.00 $225.00 $200 . 00 • • ·' \ ! I ! ....... , • • ' • • 0 Section 2. That the Councilmen's salaries set forth in Section l hereof shall take effect for all council terms commencing on or after 7:30 P.M. on the first Monday after January 1, 197R . Introduced, read in full and passed on f,irst read i ng on the 4th day of October, 197 6 . Published as a Bill for an Ordinance on the 6th day of October, 1976. MAYOR ATTEST: ex officio City 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 read ing on the 4th day of October, 1976. ex officio City Clerk-Treasurer -2- •. I • • 0 . ' ·' \ ! • • • • 0 INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW ARTICLE III THERETO, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT OF THREE (3%) PERCENT ON THE PRICE PAID TO GAIN ADMISSION TO ANY PLACE OR EVENT IN THE CITY, WHICH IS OPEN TO THE PUBLIC; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORD- INANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF CHAPTER 2 OF SAID TITLE IX. WHEREAS, the City Council finds and determines that it is necessary to raise additional revenue; and WHEREAS, the City Council is of the opinion that a reasonable, just and proper manner in which to raise this said revenue,is by adopting an excise tax on the price paid to gain admission to places and events in the City, which are open to members of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 2, Title IX, of the 1969 E.M.C. is hereby ame nded by adopting a new Article III, to read as follows: CHAPTER 2 AMUSEMENTS ARTICLE III -ENGLEWOOD ADMISSIONS TAX 9-2-31: 9-2-32: 9-2-33: 9-2 -34: 9-2-35: 9-2-36: 9-2-37: Legislative Intent Excise Tax Based on Admissions Definitions Place or Event Open to the Public Taxable Transactions Exempt Transactions Refunds -1-I • • 0 f - • • • 9-2-38: 9-2-39: • 0 , . • Free or Complimentary Admissions, Admissions at Reduced Charges City Owned Places and City Sponsored Events ,._ -- 9-2-40: 9-2-41: 9-2-42: Liability, Licenses and Reporting Procedure License Officer May Require Reports Responsibility for Collection and Remittance of Tax 9-2-43: 9-2-44: 9-2-45: 9-2-46: 9-2-47: 9-2-31: Reporting Procedure Interest and Penalties City License Officer Empowered to Make Rules and Regulations Repeal of Conflicting Ordinances Severability LEGISLATIVE INTENT It is hereby declared to be the legislative intent of the City Council of the City of Englewood that on and after the effective date of this ordinance, every person who pays to gain admission to any place or event, in the City, that is open to the public, shall pay, and every person, whether owner, lessee or operator, whocharges,or causes to be charged,admission to any such place or event,shall collect the tax imposed by this Article. 9-2-32: EXCISE TAX B~SED ON ADMISSIONS On and after the effective date of this ordinance, there is hereby levied, and shall be paid and collected, an excise tax of three (3%) percent on the price paid to gain admission to any place or event in the City, which is open to the public. Said excise tax is in addition to all other taxes imposed by law. 9-2-33: DEFINITIONS When nut clearly otherwise indicated by the context, the following terms, words and phrases as used in this Article, shall have the following meanings: (a) Identification. The tax levied herein may be identified as the "Englewood Admissions Tax." -2- " I • • 0 f • • • • • t• • (b) "City" means the City of Englewood 1 Colorado. (c) "Article" means Article III, Sections 31 through 47, inclusive, Title IX, of the 1969 Englewood Municipal Code, as amended. (d) "License Officer" or "City License Officer", shall mean the Director of Finance of the City of Englewood, or his duly appointed designee. (e) "Person" means and includes any individual, firm, co-partnership, joint venture, corporation, society, club, association , joint stock ~ompany, estate, or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or com- bination acting as a unit, including the United States of America, State of Colorado, and any political sub-division thereof, in the plural as well as the singular number. 9-2-34: PLACE OR EVENT OPEN TO THE PUBLIC The term "place or event open to the public" .. .means any place or event, the admission or access of which is open to members of the public upon payment of a charge or fee. This term shall include by way of illustration, but not by way of limitation, the following places and events when a charge or fee for admission to such places and events is placed upon members of the public: (a) Any performance of a mction picture, stage show, play, concert, or other manifestation of the performing arts. (b) Any sporting or athletic contest, exhibition or event, whether amateur or professional. (c) Any lecture, rally, speech or dissertation. (d) Any showing, display or exhibition of any type, such as an art exhibition. -3- •• I • • 0 . 1 f 32X • • • • ,_ t• • (e) Any restaurant, tavern, lounge, bar or club, whether the admission charge is termed a "cover charge", "door charge", or any other such term. 9-2-35: TAXABLE TRANSACTIONS It shall be a violation of this Article for any person who pays to gain admission to any place or event in the City that is open to the public, to fail to pay, or for any person, whether owner, lessee, or operator, who charges or causes to be charged admission to any place or event in the City that is open to the public, to fail to collect the tax levied by this Article. 9-2-36: EXEMPT TRANSACTIONS The following en tities and transactions are exempt from the duty to pay, but not the duty to collect, the tax levied by this Article: (a) The United States Government and the State of Colorado, its Departments and Institutions, and the political subdivisions thereof, including the City of Englewood, only in their governmental functions and activities. (b) Religious, charitable and quasi-governmental organizations and corporations, only in the conduct of their regular religious, charitable and quasi-governmental capacities. 9-2-37: REFUNDS In the event that an admission price is refunded for any reason, either before or after an event has taken place, the tax is not applicable and shall be refunded along with the admission price. 9-2-38: FREE OR COMPLIMENTARY ADMISSIONS, ADMISSIONS AT REDU ED CHARGES The providing of free "passes", "complimentary" admission tickets, or otherwise, where no admission price is charged or paid, shall exempt said person -4- • .. , ' I • • 0 .. ' \ ! I 'r • • • • • • 0 • from payment of the admission tax; however, in the event that a reduced charge for admiss i on is made, whether for a pass, complimentary admission or other- wise, the tax imposed in this Article is applicable to the amount of such charge. 9-2-39: CITY OWNED PLACES AND CITY SPONSORED EVENTS The tax levied by this Article shall not apply to any admission fee paid or charged to gain entry into any place owned by the City, or any event sponsored or conducted by the City. 9-2-40: LIABILITY, LICENSES AND REPORTING PROCEDURE The burden of proving that any transaction is not subject to the tax imposed herein, shall be upon the person upon whom the duty to collect the tax is imposed by Section 31 of this Article. 9-2-41: LICENSE OFFICER MAY REQUIRE REPORTS The City License Officer may require any person to make such return, render such statement,or keep and furnish such records as the said License Officer may deem sufficient and reasonable to show whether or not such person is liable under this Article for the payment or collection of the tax imposed herein. 9-2-42: RESPONSIBILITY FOR COLLECTION AND REMITTANCE OF TAX Every owner or operator,who charges or causes to be charged admission to any place or event that is open to the public , shall be liable for the collection and remittance of the tax levied herein. If an owner or operator of a facility leases or rents such a facility to another party, which in turn sponsors or conducts some public event in such facility, then such owner or operator shall be relieved of the liability of collecting and remitting the tax,only if the party to whom the facility is leased or rented is, at the time of such leasing or rental, licensed to collect and remit the tax . -5- • •. ' • • - • (t • • • - 9-2-43: REPORTING PROCEDURE Every owner, operator or person who has the duty to collect the tax imposed in this Article, must obtain, without charge, a license to collect the tax, and must report on forms prescribed by the License Officer such taxes, and remit to the City the col- lected taxes within the following time periods: (a) For regularly continuing or recurring events, such as charging admission to motion picture theaters, reports and remittances must be filed with the Director on or before the twentieth (20th) day of the month for the proceeding ~onth or months under report. (b) For single non-continuing or non-recurring events, such as the charging admission to a single performance of a concert, reports and remittances shall be due within five (5) calendar days of the performance or event, unless specific arrangements are made in advance with the City License Officer. 9-2-44: INTEREST AND PENALTIES If remittances and reports are not received on the due dates specified in Section 43 of this Article, a penalty shall be imposed in the amount of ten (10%) percent of the tax liability; and the total amount due, including tax and penalty, shall bear interest at the rate of one (1 %) percent per month, or a fraction thereof until such reports and remittances are received by the License Officer. 9-2-45: CITY LICENSE OFFICER EMPOWERED TO MAKE RULES AND REGULATIONS The City License Officer is hereby authorized to promulgate rules and regulations regarding the payment, collection, reporting, and accounting criteria and periods, settlement of disputes over payment, refund and enforcement of tax imposed by this Article. Said rules and regulations shall not be inconsistent with the provisions of this Article . -6-I • • 0 '32xl • • • 0 • 9-2-46: REPEAL OF CONFLICTING ORDINANCES All sections or parts of sections of the 1969 Englewood Municipal Code, as amended, or ordinances or parts of ordinances in conflict or inconsistent herewith, are hereby expressly repealed. 9-2-47: SEVERABILITY If any part or parts hereof is for any reason held to be invalid, such shall not affect the remaining portions of this ordinance. Section 2. That Sections 41 and 42 of Chapter 2, Article IX of Article IV, entitled, "Miscellaneous Amusement Fees", and "Closing Hours-Miscellanecus Amusement Houses", respectively, are hereby renumbered as follows: ARTICLE IV -MISCELLANEOUS 9-2-50: MISCELLANEOUS AMUSEMENT FEES 9-2-51: CLOSING HOURS -MISCELLANEOUS AMUSEMENT HOUSES Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976. MAYOR ATTEST: ex officio City Clerk-Treasurer -7- ' I • • 0 • I ....... • • • • • • • .. 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 4th day of October, 1976. ex off~c~o city Clerk-Treasurer -8- • . I • • 0 - • • • • 0 - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING ARTICLE IV, SECTION 50, CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO AND INCREASING MISCELLANEOUS AMUSEMENT FEES WITHIN THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 50, Chapter 2, Title IX, Article IV of the 1969 E.M.C., is hereby amended to read as follows: ARTICLE IV -MISCELL&~EOUS 9-2-50: MISCELLANEOUS AMUSEMENT FEES (a) Billards and pool, ewe~~eiiar~-aft~-£i£ey­ eefte~-f~~~59r TWENTY-FIVE ($25.00) DOLLARS per table per year. (b) Bowling, ~e-~eiiar~-aft~-£~£ey-eeftes-f~~~ser TWENTY-FIVE ($25.00) DOLLARS per lane per year (c) Shooting Galleries eeft-~eiiars--t~i9~99r ONE HUNDRED ($100.00) DOLI~RS per year. (d) Carnivals, One Hundred ($100.00)Dollars for t~e first day and Fifty ($50.00) Dollars for each additional day, payable in advance (e) Circuses, One Hundred ($100.00) Dollars for the first day and Fifty ($50.00) Doll ars for each additional day, payable in advance (f) Itinerant shows (other than carnival or circuses) F i fty ($50.00) Dollars for the first day; Twenty-five ($25.00) Dollars for each additional day, payable in advance -1- . 1 .• I ! '! ' I • • 0 ....... • • • • 0 .. (g) AMUSEMENT DEVICE, TWENTY-FIVE ($25 ,00 ) DOLLARS PER MACHINE PER YEAR For the purposes of sub-section (g) "Amusement Device" shall mean any machine upon which the insertion of a coin, token, disc, or key may be operated by the members of the general public for use as a game, entertainment or amusement. Said term shall include such devices as pinball, marble, skill ball, foos ball, shuffle boards, mechanical grab machines and all games, operations or transactions si~ilar thereto under what- ever name by which they are called or identified . Section 2. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976 . MAYOR ATTEST: ex off1c1o C1ty 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 4th day of October, 1976. ex off1cio City Clerk-Treasurer -2- • • 0 . , - • • • • • - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING CHAPTERS 3 AND 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS; AND ESTABLISHING SALARY AND WAGE SCHEDULES FOR GENERAL CAREER SERVICE EMPLOYEES FOR THE YEARS 1977 AND 1978, AND FOR FIRE AND POLICE DEPARTMENT EMPLOYEES FOR THE YEARS 1977, 1978 AND 1979. WHEREAS, pursuant to Article XV of the Englewood Home Rule Charter, and Chapter 10, of Title V, of the 1969 E.M.C., as amended, Memoranda of Understanding have been approved for General, Polic e and Fire Department employees within the Career Service System of the City; and WHEREAS, the majority of the members of each employee organization has ratified said Memoranda. NOW, THERF.FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 7, Chapter 3, Title V, of the 1969 E.M.C., is hereby amended to read as follows: 5-3-7: PROBATIONARY APPOINTMENT Whenever a vacant position is to be filled, the top three (3) names on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period of not less than six-~6t-~eft~ks fter-~ere-~keft-Ofte-~rt-yeer~ TWELVE (12) MONTHS. ~ke erigifter-~reee~ieftary-~eriee-skarr-ee-£ixee-ey-~ke­ Beard7--s~e"-i"i~ier-preee~ie"ary-~eriee-~ay-ee-ex­ ~efteee-ey-9aie-Beare-eft!y-~~eft-req~es~-£re~-~ke a~~eift~iftg-e~~"eri~y-s~a~iftg-~ke-reesens-£er-s~ek req~es~. At any time duri ng the probationary period, I J the employee may be dismissed or returned to his former status by the appointing authorit~lwith the approval of the Board.) After satisfactory completion of the probationary period, the employee shall be given permanent status. Pending the establishment of an applicable eligibility list, tP.mporary appointments may be made by the appointing authority with the approval of the Board. •• . I ·' \ ! '! I • • f 32xl - • ( r I • • • t• • Section 2 . That Sections 8, 9(a) and lO(a) of Chapter 6, Title V, of the 1969 E.M.C., are hereby amended to read as follows: 5 -6-8: SALARY AND WAGE SCHEDULE The following tabl e is adopted for use in determining monthly salaries for classified e mployees for the calendar year 1977: A I; c D [ Grade 1 704 737 774 13 14 855 2 1 37 ll i. 8 14 8 ')5 897 3 774 811\ 855 ~~9 7 942 4 814 85~. 897 942 989 5 8!.i5 897 94 l 9il 9 1,039 6 89 7 942 91-9 1 ,.139 1,089 7 1,039 1,089 i , 1d4 1,202 1,260 8 1 '11~ 1,173 1 ,231 1,290 1,357 9 1,202 1,261 I ~··, 1 ,386 1.458 • o,J ( t.+ 10 1 ,290 1 . 35 7 1,42 3 1 ,4n 1,568 11 1 ,386 1 ,4 58 1 ,529 1 ,f-05 1 ,6!1 4 . ., 1,49 2 1 ,568 1,643 1 ,72 6 1,814 ·~ '13 1,605 1,681, 1 ,768 1,856 1,949 The salary schedule for the year 1978 shall be as follows: A B c D E Grade 1 746 781 820 863 906 2 781 820 863 906 951 '3 820 863 90 ~ 951 999 4 863 906 95 1 999 1 ,048 5 906 951 999 1,048 1.101 6 951 999 1.048 , 'iOl 1 .154 7 1 • 101 1,154 1 ,21 3 1 ,27 4 1 ,336 8 1,182 1,243 1,305 1 ,:.67 1,438 9 1,274 1,3 36 1 ,4 03 1,469 1,545 10 1,367 1,433 1 ,::0>J 1,582 1,662 11 1,469 1,54 5 1.6 ~ i 1.70 1 1 ,785 12 1,582 1,66? 1, 742 1,83:-J 1 ,923 13 1,701 1,78!> 1 ,Hi -+ 1,967 2,066 -2- •• .. - ' I • • 0 . ' • • • • 0 • 5-6-9: SALARIES FOR POLICE DEPARTMENT CLASSIFICATIONS (a) Classified positions of the Police Department are hereby classified within the salary s chedule set forth below: The salary schedule for the year 1977 shall b e as follows: Rank Police Officer Fourth Class Police Officer Third Class Police Officer Second Class Police Officer First Class Sergeant Lieutenant Captain Monthly Salary $ 944 1,055 1,146 1,221 1,465 1,612 1,774 The salary schedule for the year 1978 shall be as follows: Rank Police Officer Fourth Class Police Officer Third Class Police Officer Second Class Police Officer First Class Sergeant Lieutenant Captain Monthly Salary $1,001 1,118 1,215 1,294 1,553 1,709 1,880 The salary schedule for the year 1979 shall be as follows: Police Officer Fourth Class Police Officer Third C lass Police Officer S econd Class Police Officer First Class Sergeant Lieutenant Captain -3- $1,061 1,185 1,288 1,372 1,646 1,812 l,993 •. I • • 0 • • • • • 5-6-10: SALARIES FOR FIRE DEPARTMENT CLASSIFICATIONS (a) Classified positions of the uniformed members of the Fire DepaLtment are hereby classified within the salary schedule set forth below: The salary schedule for the year 1977 shall be as follows: Rank Fire Fighter Fourth Class Fire Fighter Third Class Fire Fighter Second Class Fire Fighter First Class Driver/Operator/Engineer Lieutenant Captain Battalion Chief Monthly Salary $ 912 1,039 1,125 1,216 1,309 1,398 1,538 1,692 The salary schedule for the year 1978 shall be as follows: Rank Fire Fighter Fourth Class Fire Fighter Third Class Fire Fighter Second Class Fire Fighter First Class Driver/Operator/Engineer Lieutenant Captain Battalion C'hief Monthly Salary $ 967 1,101 1,193 1,289 1,388 1,482 1,630 1,794 The salary schedule for the year 1979 shall be as follows: Rank Fire Fighter Fourth Class Fire Fighter Third Class Fire Fighte r Second Class Fire Fighter First Class Driver/Operator/Ensineer Lieutenant Captain Battalion Chief -4- •• Monthly Salary $1,025 1,167 1,265 1,366 1,471 1, 571 1, 728 1,902 ·' I ! 'r ' • . • f • 0 (I • • • 0 Section 3. The terms and Frovisions of the within ordinance shall become effective commencing January 1, 1977. Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976. MAYOR ATTEST: ex officio City 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 4th day of October, 1976. ex officio City Clerk-Treasurer -5- ' ' ' •. I • • 0 ' I ! ~ • • • • t• - 6 G INTRODUCED AS A BILL BY COU NC I LMAN A BILL FOR AN ORDINANC E AMENDING SECT I ON 8, CH APTER 1, TITLE II, OF TH E 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DECREASING TH E MONTHLY CONTR IBUTION OF FIRE FIGHTERS TO THE FIREMEN'S PENSION FUND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follow s: Section 1. Th~t Section 8, Chapter 1, Title II, of the 1969 E.M.C., as amended, is hereby amended to read as follows: 2-1-8: CONTRIBUTIONS TO FIREMEN'S PENSION FUND Commencing on January 1, 1977, there shall be deducted from the monthly salary of each and every paid member of the Englewood Fire Department a sum equal to £ive-ane-ene-~ai£-pereen~-~>ll~t FIVE PER- CEN T (5%) of sa id members monthly salary pursuant to PAR T 4, ARTICLE 30, TITLE 31, Ar~ieie-59 7 -e~ap~e~ l39T-See~ion -5-S*4t Colorado Revised Statutes, 1963 1973, as amended, which sum shall be deposited in the City's Firemen's Pension Fund. Introduced , read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th d ay of October , 1976. MAYOR ATTEST: ex officio City Cl erk-Treas urer -1-I • • 0 ·. f . , • • • • • I, William D. James, do hereby certify that the abov and foregoing is a true, ac c urate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of October, 1976. ex off~c~o C~ty Clerk-Treasurer -2- • . I • • 0 . , - • • • • 0 ,. - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING CHAPTER 4, TITLE XV,OF THE 1969 E.M.C., BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY SEWAGE SERVICE. WHEREAS, the City Council, having reviewed the sanitary sewage service needs of the City and costs incident thereto, finds and concludes that the rates and charges for sanitary sewage service are in need of revision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 9, Chapter 4, Title XV of the 1969 E.M.C., is hereby amended to read as follows: 15-4-9: RATES AND CHARGES FOR SEWERAGE SERVICE (a) GENERAL: There is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer of the City of Englewood, or otherwise discharging sanitary sewage, industrial wastes or other liquids either directlX or indirectly into the City sanitary sewer system, an annual service charge which shall be computed and payable as follows: 1. The charge for sewage treatment shall be based on the gallonage of water delivered to the premises during the appropria te water meter reading period falling between November lst and April 30th. This gallonage converted to an annual equivalent and multiplied by the annual rate per 1000 gallons provides the annual treatment charge. 2. A charge for sewer collection system maintenance shall be established annually by action of the City Council where prem- ises are served by the City collection system. Where the City does not own and -1- ·' I ! 'r I •. • • ' • • • • 0 ,. ·, - maintain the collection system, the City will collect charges for maintenance of same only when authorized by the terms of contract between the City and the sanitat i on district. 3. Where water usage information is not avail- able, sewage service charges shall be com- puted using the current rate per 1000 gallons and based on the following "normal usage" by class as follows: 2 mo. 3 mo. 12 mo. ·---- (a) Single Family Dwellings 14 21 83 (b) Multi-Family Dwelling Units 9 13 52 (c) Mobile Home Units 5 8 32 (d) Comm ercial (by meter size/capacity) 5/8" 19 29 116 3/4" 29 44 176 1" 49 73 292 1 1/2" 97 146 584 2" .156 234 936 3" 311 467 1868 4" 487 730 2920 6" 973 1460 5840 "Normal usage" by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. 4. The minimum charge per year for sewage treat- ment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of Operation and Maintenance (0 & M) costs. 5. Outside City customers will be charged 105% of the amount charged inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines. This factor has been included in the flat rate and minimum rate tables in paragraph 8 below. -2- . , ' I • • t) - • • • 0 • 6. Charges for service to customers inside City limits shall be billed in quarter- annual installments in advance. Charges for sewer-only service outside the Ci ty may, at the discretion of the F i nance Director, be billed annually where th i s would not conflict with special provisions of a connector's agreement. All bills are due and payable as of the billing date and become delinquent fifteen (15) days after the billing date. 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment works 0 & M costs. 8. The following rates will become effective January 1, 1977. Sewage Treatment Charge: Collection System Charge: Both: .203/1000 gals. .027/1000 gal <; • • 230/1000 gah.. IN CITY ~~~ OUTSIDE (YR.) Single Family Dwelling 4.85 4.40 17.70 16.10 Multi-Family Dwelling 3.00 2.70 ll.30 10.30 Mobile Home/Unit 1.85 1.65 6.80 6.20 Commercial & Indus- trial by Water Meter CaEacit;t 5/8" 6.65 I 6.05 24.70 22.50 3/4" 10.10 9.20 37.50 34.10 1" 16.80 15.30 62.20 56.60 1 1/2" 33.60 ! 30.55 124.40 ll3.20 2" 53,80 1 49.00 199.35 181.45 3" 107.40 97.75 397.90 362.05 4" 167.90 152.80 621.95 566.00 6" 335.80 305.60 1243.90 ll31.95 Minimum charges both inside and outside the City will be 91% of the inside City flat rate charge for the customer class involved. -3- • •. I • • 0 . , ·' I ! I 'r - • • • Section 2. • 0 - (b) SPECIAL CASES: 1. Schools operat i ng on a nine-month school year shall be billed seventy-six percent (76%) of the charges which would normally accrue for similar usage by a re~.idential customer. 2. Industries, car washes and other establish- ments where summer irrigation water is not significant, or where seasonal business fluctuations are more significant than irrigation usage,shall be billed based on ar..nue.l rather than winter period water usage. 3. Customers with delivery flow characteristics significantly different from those of a single family dwelling,shall pay an additional readiness-to-serve fee based on the following formula: R=V (.9lxNW) where R R5 .91 NW 365 v (c) OTHER CASES: Annual delivery flow rate characteristics charge Readiness-to-serve portion of O&M costs Customer's annual non- working days Number of days in cal- endar year Annual volume charge for wastewater treatment Where the procedures above are not applicable, or when application of same would work an ob- vious and significant injustice to the customer, a rate shall be established by the Director based on reasonable estimates of projected flow. The amendment hereinabove set forth shall become effectiv~ commencing January 1, 1977. -4 - ' ' I • • 0 • • • : . • -~-------- Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976. MAYOR ATTEST: ex offic1o C1ty Clerk-Treasurer I, William D. James, do hereby cert1fy that the above and foregoing is a true, accurate and co.pl copy of a Bill for an Ordinance, introduced, read in fu ll, and paased on first reading on the 4th day of October, 1976. .. - ex officio city Clerk-Treasurer -5- • ·• f ·' \ ! "f ' I • • 0 • • • • - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING CHAPTER 4, TITLE XV,OF THE 1969 E.M.C., BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY SEWAGE SERVICE. WHEREAS, the City Council, ~vi~ reviewed the sanitary sewage service needs of the City fnd cos s incident thereto, finds and concludes that the rat~s and harges for sanitary sewage service are in need of revf sion ~W, THEREFORE , BE IT BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLO DO, as follows: Section 1. That Sectio is hereby amended to 4, Title !lows: E.M.C., 15-4-9: (a) GES FOR SEWERAG There is hereb~ev' d and charged t, parcel of 1 d ~ and premises served by having sewer onnection with th~ sanit~r sewer of the ity of Englewood, o; otherwi~e ischarg~·ngdanitary sewage, industrial ~as s or ~~e liquids either directly or indi ctl i o the City sanitary sewer system, an a ua service charge which shall be computed and payable as follows: 1. 2. The charge~ s~wage treatment shall be based o t ~allonage of water delivered o premises during the appropr~e w t meter reading period falling b~tw~e~n November 1st and April 30th. This gal ona e converted to an annual equiv~l e n ~ an multiplied by the annual rate.fer 1000 gallons provides the annual trea{ue nt erarge . A charge for sewer collection system mainten a nce shall be established annually by action of the City Council where prem- ises are served by the City collection system. Where the City does not own and -1- •• ' I • • 0 - • • • • ,. - maintain the collection system, the City will collect charges for maintenance of same only when authorized by the terms of contract between the City and the sanitation district. , . 3. Where water usage information is not avail- able, sewage service charges shall be com- puted using the current rate per 1000 gallons and based on the following "normal usage" by class as follows: 2 mo. 3 mo. 12 mo. ·---- (a) Single Family Dwellings 14 21 83 (b) Multi-Family Dwelling Units 9 13 52 (c) Mobile Home Units 5 8 32 (d) Commercial (by meter size/capacity) 5/8" 17 26 102 3/4" 26 39 156 1" 44 66 264 1 1/2" 87 130 522 2" 139 208 834 3" 278 416 1668 4" 435 650 2610 6" 880 1320 5280 "Normal usage" by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. 4. The minimum charge per year for sewage treat- ment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of Operation and Maintenance (0 & M) costs. 5. Outside City customers will be charged 105% of the amount charged inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines. This factor has been included in the flat rate and minimum rate tables in paragraph 8 below. -2- •. I • • 0 - • • • 0 • 6. Charges for service to customers inside City limits shall be billed in quarter- annual installments in advance. Charges for sewer-only service outside the City may, at the discretion of the Finance Director, be billed annually where this would not conflict with special provisions of a connector 's agreement. All bills are due and payable as of the billing date and become delinquent fifteen (15) days after the billing date. 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment works 0 & M costs. 8. The following rates will become effective January 1, 1977. Sewage Treatment Charge: Collection System Charge: Both: .203/1000 gals. .0:!7/1000 gals. .230/1000 gals. ,._ IN CITY ~~~ OUTSIDE (~~ Shgle Family Dwelling 4 .85 4.40 17.70 16.10 Multi-Family Ir~elling 3.00 2.70 11.30 10.30 Mobile Home/Unit 1.85 1.65 6.80 6.20 Commercial & Indus- trial by Water Meter CaEacit::t 5/8" 5.98 5 .45 23.45 21.35 3/4" 8 .97 8.15 31.65 28 .80 1" 15 .20 13.80 53.60 48.75 1 1/2" 29.90 27.20 105.95 96.45 2" 47.85 43.55 169.30 154.05 3" 95.70 87.05 338.60 308.15 4" 149.50 136.05 529.85 482.15 6" 303.60 276.28 1071.85 975.35 Minimum charges both inside and outside the City will be 91 % of the inside City flat rate charge for the customer class involved. -3- ' . , •. I • • 0 f - • ((I • • Section 2. • 0 • (b) SPECIAL CASES: 1 . Schools operating on a nine-month school y ear shall be billed seventy-six percent (76%) of the charges which would normally accrue for similar usage by a re~idential customer. 2. Industries, car washes and other establish- ments where summer irrigation water is not significant, or where seasonal business fluctuations are more significant than irrigation usage,shall be billed based on arnuc>.l rather than winter period water usage. 3. Customers with delivery flow characteristics significantly different from those of a single family dwelling,shall pay an additional readiness-to-serve fee based on the following formula: R=V (.9lxNW) where R 365 .91 NW 365 v (c) OTHER CASES: Annual delivery flow rate characteristics charge Readiness-to-serve portion of O&M costs Customer's annual non- working days Number of days in cal- endar year Annual volume charge for wastewater treatment Where the procedures above are not applicable, or when application of same would work an ob- vious and significant injustice to the customer, a rate shall be established by the Director based on reasonable estimates of projected flow. The amendment hereinabove set forth shall become effective commencing January 1, 1977 . -4- ·. , •. J I • • 0 • • • • • Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976. MAYOR ATTEST: ex off1c1o C1ty 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 4th day of October, 1976. ex offic10 City Clerk-Treasurer -5- ' • . ' I • • 0 ·. ' ·' I ! I ~ • • • • I• • M E M 0 R A N D U M TO: Andy McCown, City Manager FROM: Charles B. Carroll, Jr., Director of Utilities DATE: September 23, 1976 SUBJECT: Sewer Rates for 1977 At the September 21 regular meeting the Water and Sewer Board considered the sewer rates, as recommended by the staff, to be implemented January 1, 1977. Our analysis, based on the best information available, revealed that in- creasing the rate from $0.19 /000 gal. to $0 .23/000 gal. would accompl ish two things: {1) Assure sufficient disposal ch arge revenue to meet the budget e stimate of $728,000, and (2) to satisfy the E.P .A's mandate to achieve an equitable method of charging for treatment and collection. have attached the schedule of proposed revisions, and the anticipated financial impac~. The Water and Se wer Board accepted the recommendation of 23¢ per 1,000 gallons; but they rejected the idea of lowering any existing flat rate and metered rates, the idea being that customers would not appreciate the minor reductions, especially when we would probably increase the charge soon thereafter. I attempted to convince the board that equity, as shown by our analysis, would not result from a piecemeal acceptance of our recommendation; but that the higher figure, such as 26¢, would be the only figure that would reflect no reduction in rates. At any rate, I told the board that we would attempt to "back in" to the 23¢ rate and not reduce any rates. Subsequently, Mr . Steve Stephens examined the question and came to the following conclusions. 1. To implement the 23¢ rate with a "saving clause" that would prohibit the lowering of any existing flat rate or minimum charge is unac- ceptable to EPA. Mr. Stephens posed this subject to Mr. Jerry Bourke, EPA counsel, who declared that such a rev ision to the proposed user charge system that his office earlier reviewed would be cause for revo- cation of the approval, on the grounds that costs are not being equitably distributed among customer classes. ' ;- I • • 0 . , - I • Memo to Andy McCown September 23, 1976 Page 2. • 0 • •• 2. To increase the rate to a point that all customers pay more, or at least no less, in 1977 would result in a rate of 27¢. This rate would bring in about $110,000 more than requested and would seri- ously impact our industrial and other large users. Based on the foregoing, I recommend that we press for council approval of the 23¢ rate. ~d~{2v Ch a rl e s B. Carroll, Jr . ~~ CBC/kr Encl. ,_ •. ' I . • 0 .. , ·' \ I I '! (f • • • 0 t• • 1977 Sewer Rate of 23¢/1000 gallons (21 % higher than 19¢) Treatm ent c har ge 20.3¢ Collection system charge 2. 7¢ Change 1. Eliminate collection system charg e for customers in sanitati on districts 2. Reduce outside city surcharge for extra infiltration, from 10% added to 5% added 3. Eliminate Industrial surcharge 4. Alter Flat Rates : a. Inside City Change from $20/year to $19.30/year b. Outside City Change from $20/year to $17.60/year 5. Alter Metered Paying the Minimum a. Inside cttx Change min1mum from $20/year Effect -$ 5,000 -$15 ,775 -$ 4,849 - $ 5,859 -$ 3,083 to $17.60/year -$ 209 b. Outside City Change minimum from $20/year to $16.10/year -$23,400 Explanation Those customers pay their district for collection system maintenance EPA conclud ed that we could not justify more than 5% extra for the outside city infiltration from the longer runs of in terceptors. This portion is now covered in the Industrial Cost Recovery Program, a separate billing procedure 8,371 accounts x ($20 -$lg.30) Average single family unit uses 14,000 gal. during two winter months. Hence 14 X 6 = 84,000 gal X .23 = $19 .30 717 accounts x ($22 -$17.70) Outside city pays only for treatment charge 87 accounts x ($20-$17.60) EPA approved the minimum charge to be 91% of the Flat Rate charge ($19.30 x .91 = $17.60) 6,000 accounts x ($20-$16.10) EPA approved the minimum charge to be .91% of the Flat Rate charge.($17.70 x .91 = $1 6 .10 ) · . . , •. .. I . • 0 • - • 6. a. Inside Cit + $20,116 b. Outside City + $48,590 Net Change + $10,531 • • , . Add 21% to 1976 estimated revenue of $95,791. Add 21% to 1976 estimated revenue of $231,382. •. .. I . f • 0 - • • • • t• - ---------J AGREEMENT FOR COtiVEYANCE OF REAL PROPERTY FOR RELOCATION OF 2700 SOUTH ELATI STREET THIS AGREEMENT, entered into this day of Septenber, lg76, between STEARNS-ROGER CORPORATION, a Colorado corporation hereinafter referred to as Stearns-Roger, and the CITY OF ENGLEW OOD, Colorado, a municipal corpo- ration, hereinafter referred to as Englewood. WHEREAS, Englewood desires to relocate 2700 South Elati Street from its present location to a location which would span certain real property owned by Stearns-Roger; and WHEREAS, Stearns-Roger is willing for a good and valuable consideration to convey certain of its real property to Englewood for the purpose of the relocation of 2700 South Elati Street; Nml, THEREFORE, in consideration of the foregoing and the mutual promises herein set forth, the parties agree as follows: l. Stearns-Roger shall convey by warranty deed to Englewood the following described parcel of land: A portion of Block 2, Terry's Addn. for street purposes described as: Beginning at the NE corner of t he NW l/4, NW l/4 of Sec. 34, Twp. 4 S, Rge. 6G W of the 6th P.M.; thence W along theN line of Sec. 34 a distance of 205 ft.; thence on an angle to the left of goo a distance of 30ft. to the S line of West Yale Avenue and the true point of beginning; thence continuing on said course a distance of 503.15 ft.; thence on a curve to the right, with an interior angle of 60° and a radius of 45ft., an arc distance of 47.12 ft.; thence in a southwesterly direction a distance of 7g.1o ft. to a point on the E line of South Elati Stre et; thence on an angle to the left of 60° and along theE line of South Elati Street a distance of 18.33 ft. to theN line of West ~nherst Avenue; thence on an angle to the left of goo and along said line a distance of 125ft. to theW line of the alley W of the 2700 Blk. of South Delaware Street; thence on an angle to the left of goo and along theW line of the alley a distance of 600ft. to the S line of West Yale Avenue; thence on an angle to the left of goo a dis tance of 34 ft. to the true point of beginning; said parcel containing 0.551 acres, more or less. For the purpos e of the construction of the relocated 2700 South Elatt Street • 2. Upon conveyance to Englewood, Englewood shall formally dedicate such real property as the relocated 2700 South Elati Street. If for any reason said real property conveyed to Englewood is not dedicated as 2700 South Elati Street, or should such street be abandoned as a public thorougnfare by Englewood, •• ·.I ·. ' I . • 0 ·• ' r I '!' • • • • all right, title, and interest therein acquired by Englewood shall automatically terminate and revert to Stearns-Roger, and Englewood shall execute such instru- ments as are necessary to re-establish such right, title, and interest in Stearns-Roger. 3. Englewood shall 1oove the existing power and transmission lines, including posts, from their present location to such location on the property to be conveyed to it or other property to be used for the relocation of South Elati Street as it, in its discretion, desires. 4. Englewood shall provide all necessary engineering and staking for the relocation and construction of 2700 South Elati Street. 5. Stearns-Roger shall install the curb, gutter, and asphalt paving for the relocated 2700 South Elati Street as shown on the attached drawing, attached hereto as Exhibit A. Installation shall be in accordance with standard specifications to be provided by Englewood. 6. It is understood and agreed that the provisions of this agreement are conditions to the Deed from Stearns-Roger to Englewood and are otherwise separate and apart therefrom and do not merge therein. 7. The foregoing shall inure to the benefit of and be binding upon, the successors and assigns of the parties hereto. II~ WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above written. STEARI~S-ROGER CORPORATION ATTEST: By------------ Secretary CITY OF ENGLEWOOD ATTEST: By------------ . ' I· • 0 ·' - • • • • 0 ·, • Andy McCown, City Manager DAll: September 10, 1976 ~ Kells Waggoner AftU~1 PAVING DISTRICT NO. 24 Attached is a letter from Roger W. Johnson, with the City and County of Denver, proposing the establishment of an improvement district for West Evans Avenue between Pecos and Vallejo Streets. This area includes two blocks of West Evans Avenue, a portion of which is in Englewood. I have written to Mr. Johnson requesting that they include an additional block of Evans Avenue within the same district (copy of letter attached). The proposed improvement as outlined in his letter would necessitate an appropriation of monies to cover the City's portion of the improvement. The additional amounts could be assessed to the property owners in much the same way that the Dartmouth Avenue improvement is being handled under the State contract. If we are successful in getting Denver to extend the district one more block, to Zuni, then by using Denver's estimates, the City's share would be $83,000, and the assessable share would be $69,000. j{'(l(Z_ tD-._,....<J"ZS~,-- Kells Waggoner Director of Public Works KW/ls Attach . ' ' ..... •. I • • 0 I I 1 f . , I '!' • • • 0 • ---_____ .., C I TY AN D COU NTY OF D ENVE R W H McNICHO L S JR Mayor D EPAR T MENT OF PU BLIC ll'O RK S DESIGN ENG I NEE RI NG O I\'I ION 544 0 ROSLYN S'l1 DE NVE R, COLO. 80,216 Mr. Kells Waggoner Director of Public Works 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. Waggoner: September 8, 1976 As per our phone conversation, the City and County of Denver is proposing an improvement district for W. Evans Ave . between S. Pecos St . and S. Valle j o St. For the two blocks of W. Eva ns Ave. between S. Rar i tan and S. Vallejo Sts ., one half of the street is in the City of Englewood . An agreement executed be - tween Englewood and Denver wh i ch would make possible complete construction of W. Evans Ave . between S. Pecos St . and S. Vallejo St. would be of great benefit to both cities. If the general concept of an agreement between our two cities making possible the complete construction of this portion of W. Evans Ave. is possible, please so advise and I will draft an agreement for your review. The following is general in f ormation concerning the district which you requested: 1. The estimated cost of constructing the Englewood portion of W. Evans Ave. as proposed above is $93,000.00. The proposed street width is 56 feet and the half street costs are roughly esti~ated as follows: 9" full depth asphalt 6" curb and gutter 8' concrete sidewalk Asphalt patch Removals Drain age $77 .50 x 1200 fee t= $93,000.00 $42.50 5.60 11.10 4.00 2.00 12.30 l'7f.";O ' • ' ...... ·., •. ' I . • 0 ' \ ! I ,. - • Mr. Kells Waggoner September 8, 1976 Page 2 • • 2. The proposed schedule for the district is as follows. To follow this schedule, it would be necessary to have the agreement executed by December 1976. A. Create district B. Bid district C. Start construction January 1977 March 1977 June 1, 1977 If you have any questions concerning the above information, please call the undersigned at 297-3761. RWJ:9111 'lJ ;f3r;JLv Roger W. Johnson Chief Civil Engineer I . . 0 • • • • 0 - City of Englewood 3400 S . Elati Street Englewood, Colorado 80110 September 10, 1976 Mr. Roger W. Johnson Chief Civil Engineer City and County of Denver 5440 Roslyn St. Denver, Colorado 80216 Dear Mr. Johnson: Phone (303) 781 -1140 We are, indeed, intere sted i n getting West Evans Avenue improved as per your letter of September 8. We are con- cerned, however, that the proposed improvement does not go all the way to Zuni Street. If at all possible, we would much prefer, and certai nly urge, that the improve- ment be extended to Zuni St., thereby paving all of t hat portion that is adjacent to Englewood. We will be trans- mitting your letter on to Council for their next regular meeting which will be Septemb er 20. Sincerely, Y~ 0).(S)._- Kells Waggoner Director of P u blic Works KW/ls c: city Menaqer McCown • ·. .. I I • • 0 f - • • 0 ,, • 'ID: Arrly McCown , City Manager F'RC.M: Karl Nollenberger, Assistant City Manager DATE: September 30 , 1976 SUBJECT: 1977 Budget Requests Persuant to the City Council's requests for additional information on budget requests for 1977, I have requested information from Personnel ani Parks addressing these points. Rather than reciting all of their points individually, I will list them here and code them t o their I!EIWS. 1. Insurance coverage for council members -see l!le!IO. 2. Janitorial salaries -see l!le!IO. It should be noted that our salary is 5% higher than the school districts. 'Ihis is exactly the figure which we discussed earlier with t he Council concerning our salary surveys with other cities and the elimination of the A step in our structure. This should eliminate the differential over t he next few years. 3. Utility Trencher -see memo. We do rent this apparatus whenever one is available for $100 per day. A combination snowplow is not available on this piece of apparatus. 4. Picnic Tables -see l'Tl6TlO. The cost was $2, 000. 5. Hiring under age 18 -see memos . 6. Christl!B.s Parade. If the City is going to continue to help sponsor the Christmas Parade, funds s hould be added to the Council budget . 'Ihis year's participation was $2500. <hce decisions are made on these items, the final changes to the proposed bu:lget can be made. Resolutions and ordinances doing this will be on the October 18, 1976 Council agenda. ;.4_/'l~~ Karl Nollenberger Assistant City Manager KN/sb l'i1closures ' ,_ •. I . • 0 - • • • • - M E M 0 R A N D U M TO : Karl Nollenberger, Assistant City Manager FRCU: Rich Lorig, Personnel Director DATE : September 22 , 1976 SUBJECT: Insurance Coverage f or Counc i l In o rder to investigate your r e quest thoroughly , Personnel contacted our insurance consultants , Byerly and Company, and posed the question to them , Mr. Morehead reviewed the request both from the legal standpoint of the Sta te Insurance Commission requiremen ts and from the restricitons placed on us by our A.S.O , agreement with Great-West Life Assurance Company, It had been the City's practice in the past that we, like any commercial carrier, were bound by the rules of the Colorado Insurance Commission on eligibility. We have enforced the Commissi on's rule that to be insured an individual must meet the hourly r e quirements to b e a permanent employee , The Commission f urther restricts eligibility of b oa rds and co1nmissions specifically in their regulations i f they cannot meet the hour wo r k requiremen t , Secondly , ~~. Morehead r elates that , with ou r A.S.O . contract , we are bound, as is Great-Wes t, to follow the legal eligibility r estrictions and they could not insure the Council under a group loss program , The consultant did review this matter with the legal counsel for Great-West Life . Lastly, while talking to Mr . Morehead, I questioned him on whether Blue Cr os s and Blue Shield had the practice of covering Boards and Commissions. He stated that they should not be cov ering them un1ess they meet the elig ibi- lity r equirements o f the State Insurance Comm ission , They could have covered some, though, through ignorance of the actual employees being covered if the in sur ed did not notify Blue Cross/Blue Sh i eld o f exactly who was covered, The Blues do not generally investigate group lists of members hip, In summary, it is personnel's f eeling from the preceding discussion that neither Council, nor any of our boards and commissions, can be covered by the City 's employee insurance program . If you have any questions on this matter please contact me , ~<-~-c-_:;1 · I ~~~c'kru5 A. LOJUG Perso~~el Director RAL/bjJ ' I • • 0 f - J . • • • 0 • MEMORANDUM ----· TO : Karl Nollenberger, Assistant City Manager FROM: Rich Lorig, Personnel Director DATE : September 22, 1976 SUBJECT : School District Custodial Salarie s Personnel has contacted t he Englewood School District to determine what salaries are being paid custodial help . The district pay system is based on school size and number supervised . Meanwhile, the basic custodian or maintenance helper i s paid the same at each facility . The rates are as follows: School District Maintenance Worker or Custodian ---- $6850 to $9248 Head Custodian Grade Schools: 1 or l i man school = $7193 to $9590 2 man school = $7535 to $9933 2i man school = $787 8 to $10,275 Jr . Hi gh Schools : 7 men = $8220 to $10,618 Hi gh School : (10 men) Night = $8563 to $10,960 Day = $8905 to $11,303 Pe r sonnel Director RAL/bjj ·• - City of Englewood $7572 to $9684 $9216 to $11,760 • .. I • • 0 . , r 32xl - • • DATE: TO: FROM: SUBJECT: • 0 - September 29, 1976 Karl Nollenberger, Asst. City Manager Gary Havener, Asst. Director Parks & Recreation EQU IPM ENT JUSTlFICATLON -1977 BUDGET ADDENDUM ,._ 3 . UT ILLTY TRENCHER: At present all irrigation, water and drain line ditches are dug by ha nd. This is a time cons uming a nd expe nsive operation. Si re e we ar dai l y invo lved with installing new and repairing old lines we are in need of a piece of e quipme nt to s ave time a nd money. The utility tre nc her would satisfy these needs . lt is estimated that a tre nche r, sim ilar to the one we s ubmitted in our bud ge t adde ndum, could dig a nd backfill a ditch in sixty (60) minutes . This same operation would take a ma inte nanceworker eight (8) hour s . This s aving in labor alone would free -up se ve n (7) mainte nance hours or a lmost one full day to perform other ta sks. ~- ,- • The unit we are propo ing is a 12~ HP walk behind with tre nching capabilities o nl y and can dig a 6" wide by 36 "' deep t rench. Al though a budge t tre ncher as far as tre nchers go, it would be ad quate in 80% of the u ses we would have for it. The applications would be for digg ing irriga tion line ditche s, water lines, trenches for drain lines, sma ll curb and foundation ditches, and several others. Estimated c os t s for ja nu a r y 1977 is around $3,000 with five to ten years life expectancy de- pending on operation t ime and abuse. The unit s hould last over the five ye ar expec - ta ncy and possibly have a good trade -in value for a unit with a backfill blade, riding capabilities and a small backhoe attachme nt for added vers atility. PiCNIC TABLES: Due to vandalism, attrition and the expansion of park facilitie s we have need for the 20 -8' picnic tables . Five each would go to Northwest and Sou t hwes t Gree n belt s and the remaining te n to be used as replaceme nt s. Normal u sage a nJ some vandalism (i.e. throwing in lake, carving and s tealing e ntire tab le ) has created a need for the tables . An attempt to permanently attach a table to pegs or concrete stakes would prove more costly than the prese nt system we now use. Sho uld a very large group reserve a shelter house and require addi- t iona! ta ble s at a particular park , non e would be e asily tran sferable . Also, th e vandalism is almost always repairable with rep lacement boards, covers, cleaning a nd in some cases the legs can be replaced . IILRING PERSONNEL UNDER AGE OF 18: ln review in g the Child Labor Act and its s pecific are as of work restrictions and the Colorado Occupational Safety and I le alth Ac t and the safety regulations, it is my recommendation to no t place our- se lv es in the situation of inadvertently violating any of these regulation s , rule s and laws. Employees under 18 would r e quire additional supervision, remove the \ ' • ..... I . • I ! . , ' 'r - • • Karl Nollenberge r September 29, 1976 Page -2- • 0 • flexibility of job assignments from our operation and tie up our positions for specific jobs not necessarily a priority job throughout th e summer. Should you wish to pursue this question further, I will get with the city's personnel and safety staff members and discuss the matter at greater length. Gary v ener, Asst. Director Parks & Recreation ' I· • 0 . , - ·s. It· . • • • • MEMORA NDUM TO: Karl Nollenberger, ~sistant City Manager FR(J.(: Rich Lorig, Personnel Director DATE: September 22, 1976 SUBJECT: Employment for those Under Eighteen Years of Age As you know, the City has, in the past, restricted emp loyment into any City Department, except Recreation, to the age of eighteen years unless strictly clerical. The primary reasons for the regulation has been the Child Labor Law as administered by the Wage and Hour Division of t he Department of Labor. Compensation Insurance has also been another factor applied strictly from a liability protection for the City. This past summer, we inadvertantly broke with that tradition by hiring a 17 year old for Parks maintenance. After review with the various agen c ies, I found it possibl e to hire 16 and 17 year olds if we made sure they were not involved with hazardous equipment or drove power vehicles as a regular function. They could drive a vehicle under 6000 pounds infrequently. I have attached the copy of the booklet Wage and Hour said we should use in hiring teens to work for the City. I feel that several of the restrictions pertain, such as excavations, motor-driven vehicles and power driven circular saws. We could avoid these situations and hire those 16 to 18, but under 16 would be out,according to my interpretation . I do not feel that it is a good policy to follow due to these facts: 1.) We till have to supervise much more carefully work assignments. 2.) We will have to investigate age closely and require the age certificates. J,) We are placing ourselves in a vulnerable position if we mistakenly violate the law. Thi s could be costly . Perhaps you should contact the City Attorney to also review the legal aspects before the City changes its restrictions. Please let me know your feelings on this matter. r~1 -, c:-JN-'-< RICHARD A, LORIG J Personnel Director RAL/bJJ I • • 0 ·' ' r 'r • • • 0 (• • DATE: September 30, 1976 ro: Andy McCown , City Manager FROM: E. P. Romans Director, Parks & Recreation SUBJECT: CITY SUPPORT FOR PROPOSAL #1-SWEEPSTAKES AMENDMENT The Colorado Parks & Recreation Society and The Colorado Municipal League are asking all persons concerned with preservation of open space to assist in support- ing the Proposed Amendment #1 which allows the Colorado Racing Commission to conduct a sweepstakes within the same controlling regulations as horse and dog races. Forty-five percent of the net proceeds will go to holders of winning tickets and the remaining money, after expense, will go to the State's Conservation Trust Fund to be distributed to counties and municipalities on the basis of population for new parks, recreation and conservation sites. Passage of this proposal would mean that Englewood would receive approximately $150, 000 annually. It is anticipated that many tourists and other non -residents will participate which would make a big contribution to the sweepstakes. This is a simple way to obtain more funds for the Conservation Trust Fund because it is voluntary and does not call for the imposition of new or additional taxes. r:~O?~~~ Ernest P. Romans Director, Parks & Recreation •. I . • 0 . , - (( • • • • M E MORANDUM TO: Mayor and Members of Englewood City Council FROM: Karl Nolle nb e rger , Assis t a nt City Manager DATE: Octobe r 1, 1976 SUBJECT: BALLOT PROPOSALS ON NOVEMBER ELECTION After the regular packet went out on Thurs day, we received information from Colorado Municipal League concerning the ballot issues on the November election. The Colorado Municipal League, at its June conference, voted to support Proposition No. 1 authorizing state sweepstake races and Proposition No. 2 authorizing the General Assembly to tax mobile homes similiarly to conventional housing. At that time, the membership also voted to oppose Proposition No. 3 placing stringent limitation upon construction of nuclear power facilities and Proposition No. 10 requiring all new and increased state and local taxes to be first approved by a majority of all the registered electors within the taxing jurisdiction. Propositions No. 1 and 10 are of major and direct impact on municipalities. I am enclosing for your review inform a tion on Proposition No. 1 and Proposition No. 10, including resolutions endorsing the Colorado Municipal League's position, if you are desirous of taking a stand on these two issues. The analysis included on the enclosed material is quite complete and thorough. If you desire to take stands on Proposition No. 2 and Proposition No. 3, we can have resolutions available for you at subsequent Council meeting. These items should be conside red along with th e memorandum from the Director of Parks and Recreation under Ite m 7e on the agenda. j ,:!J. "Jv ( l -L Yf" KARL NOLLENBERGER Assistant City Manager KN/p En c los ures cc : Andy McCown , City Manager B. v. B erardini , Ci ty Atto rney • • . .. I • • 0 . , • • ~\ • • • RESOUJriON NO.__t"L, SERIES OF 1976 A RESOUJriON IN SUPPORT OF PROPOSITION 1 WHEREAS , Parks and open space areas enhance the envirorunent and improve the quality of life for citizens of Colorado ; and WHEREAS , Citizens look to local government to provide parks and open space areas; and WHEREAS , Escalating land costs and serious revenue limitations make it virtually impossible for local governments to provide s ufficient recreational lands without state assistance ; and WHEREAS , 'Ihe Conservation Trust Fund was designed to fos ter parks , recreation and open space through direct appropriati ons to local governments for acquiring , developing and maintaining such areas ; and WHEREAS , In 1976 the General Assemb ly appropriated $725,0 00 to the Conservation Trust Fund to be distributed among approximately 60 counties and 200 municipalities; and WHEREAS, Proposition 1 authorizes the Colorado Racing Commission , a state agency, to conduct sweepstakes races and appropriates the net proceeds of such races to the Conservation Trust Fund for distribution to municipalities and counties for park , recreation and open space purposes ; and WHEREAS , Estimates prepared for the Colorado Racing Commission indicate that the sweepstakes will make available at least $10 million annually to local governments through the Conservation Trust Fund; N0t1, 'lliEREFORE , BE IT RESOLVED BY THE CITY COONCIL OF THE CITY OF EN:JLEWCX)D , COLORAOO , as follows : That the City Council of the City of Englewood support and urge the favorable adoption of Proposition 1 on November 2 , 1976. AOOPTED AND APPROVED this 4th day of October , 1976. Mayor A TrEST : ex officio City Clerk-Treasurer I , William D. James , ex officio City Clerk-Treasurer, of the City of Englewood , Colorado, do hereby certify that the above and foregolng i s a Crue, accurate and complete copy of Resolution No. ___ , Ser1es of 197 6 . ex officio City Clerk-Treasurer • ' • • 0 . ' I f ' (( • • • • - Vote YES on proposition 1 I. What actually is proposition 1? A. The ballot title reads only: "Shall the conduct of sweepstakes racea be authorized?" B. The proposition permita the Colorado Racing Commission to conduct aweepatakea in conjunction with horae or do& races. The Colorado Racing Comadaaion, which is a state agency, ia empowered to reaulate the operation of the aweepatakea. Ticketa for the .waepatakes, a form of lottery, will be sold statewide. C, The key feature of propoaition 1 is that all proceeds from ticket sales, after deduetfna eKPenses and prizes, will be distributed to citiaa, towna and counties throuah the Conservation Trust lund. II. Wbat is the Conservation T1n1Bt Fund? A. It is s fund aatabl:t.hed-by the state lelialature in 1974. The fund· :a. uaed. to distribute state .oniu, vhu available, to countiea eod .unicipalities that estab- lished local coaaervatioe truat funds. Curreatly, about 60 countiea and 200 ~icip&lities are eligible to participate. B. The monies can be uaed for the acquiaition, de-lopaeat and aaintenance of "aev conaervation sitaa." C. ltew conservation. &itea include laad and water acquired after the eetabli.a.eot of a local conaervatioe truat fund for park or recreation purpoees, for all types of open apace, auch as floodpl&iaa, sreaobelts, agri- cultural land or acenic areas, or for aay acientific, hiatoric, scenic, recreational, aesthetic or stailar purpose. D. State moniea may not be used for the developaent or aaintenance of aitea acquired prior to the eatabliah- aent of the conaervation trust fund • III. Why support proposition 1? A. FigtJrea prepared for the Colorado Racing Co.miasion reveal sore than $10 million will be available annually for distribution through the conservatioe trust fund. (over) ' " . I • - ·- f ': • (t • • 0 • B. Because of the increasing demands on state revenues, appropriat ions ln the past for the conservation trust fund have not exceeded $725,000 per year. C. This sum of money when divided among the eligible units of government has nol enabled the needed progress to be made in acquisition of open space lands and develop- ment of recreational f acilities. 1. In Aurora, for example, conservation trust funds accumulated over a two-year period were used to acquire a 2 1/2-acre park site. Aurora, however, has need for monies to acquire or develop 3,000 acres of land. 2. In Gunnison, conservation trust monies simply are being accumulated because they are inadequate for costly open space acquisition and park development and maintenance. 3. In Littleton, additional conservation trust monies are needed for the acquisition of a flood plain and 700 to 800 acres of drainage land. 4. (Consider using local examples to illustrate the lack of funds currently available for open apace and recreation needs.) D. Proposition 1 can provide the dollars needed for open space and recreation facilities; and moreover, the dollars will be available without impoaing an increase in taxes. !. An advantage of proposition 1 is monies for such pur- poses will be derived only from those persons who choose to participate in the sweepstakes. Currently, the City of Boulder and Jefferson County, as examples, earmark portions of their sales tax revenue for open space purposes. F. Anothe r big p lus f or proposition 1 is that tourists who use and e njoy Colorado's park and recreation facillties can share in paying for them through pur- chase of sweepstakes tickets. By the way, estimates show during the first year of New Hampsh1re's sweep- stakes, 80 % of total ticket sales were to non-resident~. G. Proposition 1 offers local governments what may very well be their only chance to receive adequate f unds for their park and recreation requirements. Further, it may provide the only opportunity for local governments to acquire open space lands before it is too late! Vote YES on proposition 11 • ,. . ·' \ 1 '! I • 0 f • ... 6 . , 0 - PROPOSITION 1-THE SWEEPSTAKES MEASURE - will provide local governments with the money to acquire open space lands and develop recreation areas . The Colorado Racing Commission, a state agency , will conduct sweepstakes, a form of lonery , in conjunction with horse or dog races and sell sweepstakes tickets statewide. All proceeds from ticket sales, after deduct· ing expenses and prizes, will be distributed to cities, towns and counties for open space, parks and recreation purposes. .. Ballot Title : Shall the conduct of sweepstakes races be authorized? Figures prepared for the Colo· rado Rac ing Commission reveal more than $10 million will be available annually for open space and recreation purposes. Thirteen states have authorized lotteries, and last year the lotter- ies netted about $403 million . Tourists will share in supporting Colorado's park and recreation facilities through their purchase of sweepstakes tickets. (Esti- mates show during the first year of New Hampshire 's sweepstakes, BO% of total ticket sales were to non-residents .) Persons who enjoy games of chance will be able to purchase tickets at prices not exceeding $3 per ticket. Passage of proposition 1 will enable local governments-with- out increasing taxes -to provide open space and recreation facilities which the public is demand ing . Passage of proposition 1 will mean open space lands can be acquired ... before it's too late. Prepared by the Colorado Municipal League • ---------- I I') ' - ( ( • • • ,. - v~lF..REA"", Proposit; on 10 aw·n h Le cons i u;;ion t0 rf"qu r<" all n·-w or increased taxes 0f state or local p:overJ1111(?nts be approved by a ma,Jc ·ity of the r·:g,ister~ electoro rat.hcr than by a Majority of r"'gi tered e lee ors votin•; thPreon ; and WHEREAS , Proposition 10 s p:;nificantly altP,..s be repres ntative for, of governmen which is a fundwnental p'-t..."".. uf th-Ar'f.'·rican s:tsterr. of self-gov rnmen ; and WHEREAS , The amendment defines tax so broad y as to possibly include non-tax i ems such as user "ees and charge<. necessary to offset operating exp~>nses for various govet~~ent serv c• "; and \\IHEREA , Placing additionac burdens on the power to tax would hamper the ab lity of municipalit es to rovide necess y services and improvements for their citizens and o fulf ll he exp"nding oblir;r,a ions imposed on municipalities by federa l ana state governmen ; and \<.'1-lF.REAS , The election requirement of Proposition 10 mposes unnecessary financial and administrative costs on government which the tax,ayer ultimavely must absorb ; and WHEREAS , Proposition 10 may :·equirG an annual election on taxes which are reimposed each year ; and \.JHEREAS , It is unclear whether the election requiremen applies to increa es in the tax levy , tax revenues or bo ·h ; and HilEREAS , Proposition 10 wo•lU be de rimental to th citizens of our cor.muni ty : W, THEREFORE , BE IT RESOLVED BY THE CITY OF Et 'L£1.-lOOD , OLORAOO , as follows : CIL OF THE -ITY That the City Council of he City of &lglewood opposes and ur _s t.!1e def<::at of Proposition 10 on vember 2 , 1976. !'I'ED AND APPROVED 'l'HIS ·1 h ay of October , 1976 . Mayor ATI'EST : ex officio Ci y Clerk-Treasurer 1 , ltiilliam D. James , ex officio City lerk-Treasurer, of he City of Englewood , Colorado , do hereby certify hat the above ond foregoing is a true , accura e and complete copy ot' Resolu :I on No . ___ , Series of 1976. ex officio City Clerk-Treasurer •• . ' ·' \ ! 'r I • • f • . (( • • • Vote NO on proposition 10! I. Pr o pos1tion 10 sounds appealing because it requires ap proval of the pe ople before taxes can be imposed or increased. II. The r e a re several major problems, however, with proposition 10 . A. The proposition requires the approval of a ma j ority o f all registered voters in the taxing jurisdiction. Presently, elections in Colorado require the approval of a majority of people who actually vote, not a majority of registered voters, regardless of whether they go to the polls. 1. This means that if 1,000 people are registered electors and 500 vote, the measure fails even if all 500 voted in favor of it. 2. Furthermore, voter turnout in Colorado usually is leas than 50% of the registered electors. 3. a. The Colorado Municipal League surveyed 10 municipalities including: Brighton, Englewood, Fort Collins, Fort Morgan, Lamar, Littleton, Loveland, Pueblo, Sterling and Woodland Park. Voter turnout was less than 50% in 31 of the 37 elections held in recent years in those communities. b. Separating out the special elections which dealt with finance issues, 15 of the 17 special elections failed to attract at least 50% of the registered voters . Another problem with the "majority of registered electors" requirement is that people who move from the jurisdiction remain on the registration list until the next general~lection. In the meantime, they are counted as voting "no" when they don't even live in the jurisdiction. B. Among the other major problems with proposition 10 is that it may re- quire taxpayers to foot the bill for a series of elections each year. With over 1 ,000 local governments in Colorado and moat people served by at least four governments (state, county, city or town, and school district), multiple elections can be expected . c . In addition, the proposition impairs the ability o f state and local government s to respond in times of emergency . After the serious floo d of 1965, for example, the General Assembly w~s able to levy a temporary gas tax increase to finance major road and bridge reconstruction. D. Proposit1on 10 also creates uncertainty about the abillty of local governments to meet long term flnancial commitments, and this may result in higher 1nteresc rates on bond issues . Furthermore, it may reduce or eliminate the market for public bonds. • . I ·' \ ( '! I 0 ' - ( ( (& • ( • • 0 I • • E. By requiring an election on every new tax or tax increase levied by the state or local government, the proposition runs counter t o our represen tative form of government. It removes responsibili ty and authority f rom the ci tizens ' elected represen t at ives. F. The most c ritical objection to proposition 10, perhap s , ~s that its language is ambiguous. It w~ll require time-consuming an d expensive lawsuits to clarify the meaning of pr oposit 'on 10. 1. It is unclear, for example, whether e lec tions will be r eq uired in order to increase golf green f ees, library charges, school lunch charges, school tuition, game and fis h license fees, parking meter charges, or any of the many other fee s and charges. Such charges need to be adjusted peri o dically to c over increased costs due to inflation. 2. Proposition 10 makes it unclear whether voter approval is needed for increases in revenue not resulting from an increase in tax rates. When growth or inflation result in increased revenues from the property, sales or income taxes, it is un- clear whether the voters must approve such increases or whether the tax rate must be reduced correspondingly. 3. It is unclear whether an election is required each year in order to impose a pzoperty tax. The election requirement applies to all new or restored taxes. Property taxes are levied year by year and not on a permanent basis. G. Furthermore, proposition 10 will have no impact on the greatest, single taker of tax monies -the federal government. H. Regardless of whether you agree with the philosophy of proposition ~0, it should be defeated. It does not accomplish what it was intended to do. It provides unfairly, that a majority of re~istered voters approve every new tax or tax increase measure and the language o f the proposition is so ambiguous as to raise numerous legal problems. .. • - • • 0 • • • ... .. - N 0 on proposition 10 AN AMENDMENT ADDING A NEW SECTION 21 TO ARTICLE X OF THE CON -YES STITUTION OF THE STATE OF COLORADO, REQUIRING REGISTERED --------- ELECTOR APPROVA L OF ALL STATE AND LOCAL EXECUTIVE OR LEGIS -NO LATIVE ACTS WHICH RESULT IN NEW OR INCREASED TAXES . This looks good , BUT the proposition ... 1 Enables voters who fail to go to the polls to defeat an issue. Proposition 10 requ ires the approval by a majority of all registered voters in the taxing jurisdiction. (Pres - ently, elections in Colorado require a "yes" vote from a majority of the electors voting thereon, and not a majority of all registered voters regardless of whether they go to the polls.) As a result, persons who fail to vote are counted as voting "no ." If 1,000 people are registered electors and 500 vote, the measure fails even if all 500 vote in favor of it. Since voter turnout in Colorado usually i s less than 50% of registered electors, approval of even popu - lar tax proposals may be impossible . Furthermore, people who have moved from the jurisdiction are counted as registered voters since voter registration l i sts are updated only after general elections. 2 Defines "tax" so broadly it may re- quire an election to increase golf green fees , library charges , school lunch charges , school tuition, swimming pool fees, game and fish license fees, bus fares, parking meter charges , and many others . Tax is defined to include "any and all devices by which wealth in any form is transferred from persons, natural or artificial, to any level of government of the state or any politi- cal subdivision thereof." Governments charge a fee for a wide variety of services . Such charges need to be adjusted periodically to cover increased costs due to factors -such as inflation-over which local governments have no control . 3 Implies a periodic reduction in ser - vices and programs . The cost of providing essential public services and maintaining public programs and facilities will continue to increase . Yet , if tax measures cannot be approved , state and local governments will have little choice but to cut back necessary services and programs . 4 May require voter approval of increases in revenue not resulting from an in- crease in tax rates . Taxes are validated only to the "extent and rates " in effect. This may mean that as property, sales and income tax rev - enues rise through growth , inflation, etc., tax rev - enue increases must be approved by the voters, or existing tax rates must be reduced correspondingly so the "extent" of the tax is not increased. 5 May require taxpayers to foot the bill for a series of elections each year . Proposition 10 requires an election on every state and every local government proposal in- volving a new tax or a tax increase. With over 1,000 local governments in Colorado and most people served by at least four governments (state, county, city or town, and school district), multiple elections will be necessary . Despite these additional costs and burdens on the taxpayer, the proposition will have no effect on the greatest, single taker of tax monies-the federal government. 6 Impairs prompt government response in times of emergency . Prior approval at an election is necessary before a state or local government can impose a new tax or increase a tax . If proposition 10 had been in effect in 1965, it would have been impossible, as a practi- cal matter, for the general assembly to levy its tem- porary gas tax increase to finance major road and bridge reconstruction following the serious flood of 1965. 7 May re!]uire annual elections on prop- erty taxes even when there is no in- crease in revenues or rates. The elec- tion requirement applies to all new or restored taxes . Since property taxes are levied year by year and not on a permanent basis, it may be nec - essary to receive approval each year to levy a prop- erty tax. (contmued on back! • ---- ' I • • • 8 Creates uncertainty for local govern- ments in meeting long term financial commitments, and may result in high- er interest rates on bond issues . Taxpayers may be required to pay a premium to borrow funds to finance new schools , libraries, fire stati ons, recrea- tion facilities , and other needed improvements. In addition, proposition 10 may reduce or eliminate the market for public bonds. Approval by a major- ity of those voting on general obligation bond is - sues already is required in most i nstances . The entire text of proposition 10 ... "Article X of the Constitution of the Stare of Colorado is amended by the addition of a new section to read : "Section 21. Any other provision of this constitution, or of any statute, home rule charter, territorial charter, resolution or ordinance to the con- trary notwithstanding, no tax may be instituted, implemented, imposed, restored or increased, by any method, by the state or any political subdivi- sion thereof, without the prior af- firmative vote thereon of a majority of the registered electors residing within the jurisdictional boundaries of the taxing authority imposing the tax in question, at a general or spe - cial election . - 9 Runs counter to our representative form of government. Proposit ion 10 removes responsibility and authority from the citizens' elected representatives and dis- courages tax reform and modernization . 10 Will require time-consuming and ax- pensive lawsuits to clarify the meaning of proposition 10. The wording of the propos1t1on is ambiguous. It raises significant legal questions regarding applicatibn to particular elec- tions and revenue issues. "For the purposes of this section the term "tax" shall include any and all devices by which wealth in any form is transferred from persons, natural or artificial , to any level of government of the state or any political subdivision thereof. "Any tax legally authorized prior to the effective date of this section shall be valid only to the extent and rates at which it is actually being im- posed on the effective date hereof. "The intent of this section is to require elector approval of govern- mental acts which result in new or increased taxes. "This section is in all respects self-executing." Prepared by the Colorado Municipal league • ,. - I I f 'r - • • • • 0 • .. CITY COUNCIL MEETING -October 11, 1976 Special .. - ' - • • • 0 - CITY COUNCIL MEETING -Oc t ober 11, 1976 Special • - • • • • 0 I• ·. • ~ . r ~ I ! ' l ' r - ' .\ l - t., 'J. ' f /1 7:00 P'. M. . Call to order, invocat-1 ~~d r<j.L'l ca·v;/ • 1 • ,.,~, o IJ/1, 1' hJ I ~~- I 1 I'' 1 1 I Il l 2 . Adjournment . J~L9~~;~ AndyAccovm City Manager -, -I ') ' (.. :.,./.!, I . • 0 . , f 32xl • • • ROLL CALL M ed S OV d d econ e A 1ye N ay Ab sta n Ab sent Williams ........... Sovern --:>mltn ,.... M_ann v- Brown ....... Clayton ......... Mayor Jaylor ~ ' • • I . . 0 • . , • 0 ,. - ROLL CALL M d S ove d d econ e A \ye N ay Ab sta n Ab sent Wi 11 iams .......... Sovern --Sm1th v Mann ,..... Brown '"" Clayton ~ Mayor Taylor ............ ' • • I . • 0 · . . . , • • -•. 0 t• - ROLL CALL M d S ove d d econ e A \ye N ay Ab sta n Ab sent ....---Wi 11 iams _... Sovern ~m1tn ,.,...,. ---Mann .......... Brown --Clayton -M.ay_or Jayl or ~ .. • • • 0 ·. , • • ,. . • . • • . . • • I • 0 • ·. f 32X • • . 0 • • • I • • 0 • . , f • • . • , . • ""'--, "'~---"'-~~ --=--.......--~ ·~, J• ROLL CALL ; ' Moved Seconded Abstain Absent ./ ~·· I . • 0 • . , f • •. 0 I• ·, • ._._, r· I ROLL CALL Moved Seconded A e Nay Abstain Absent or .. ~ • I . . 0 • ·. '32xl • - 0 to • ,,, Moved Seconded Abstain Absent , or ...- .. • ,,~ I . • 0 • • •. - • ROLL CALL I - 1 M d S ove d d econ e A ~ve Nay Ab sta n A bsent Wi 11 i ams ; Sovern .. ::.m1tn / M_ann Brown ! ._ Clayton Mayor Taylor - ' I . • 0 • • 0 ,. - ROLL CALL M d S ove d d econ e A ~ye N ay Ab ta. s 1n Ab t sen Wi 11 iams ... Sovern - Smith ..- Mann Brown c lay_t_on Mayor Taylor • • I . • 0 • - I • • • • 0 - CITY COUNCIL MEETING -October 18, 1976 Regular ------.:-.) 0