HomeMy WebLinkAbout1999-09-20 (Regular) Meeting Agenda-
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CITY COUtCL MEETING ...........
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REGULAR CITY COUNCIL MEETING
September 20, 1999
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ORDINANCE # /L ;,{. Y, 54, 55, 56, 57, 58, 59, 60 , 61
RESOLUTION Ip,;, rf°, j-0• 91, 92, 93, 94, 95, 9 6 , 97
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I.NGUWOOD CITY COUNCB.
1.NGUWOOD, AllAPABOI. COUNTY, COLOllADO
Septealller 28, .,,,
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(Clclt'1 aale: '111c meeling -IChedulcd to begin• 7 :00 p .m. aad-. tllcn:foR, deemed a special
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'111c apecial ....._ Clfdle Enpwood City Council -c:allod IO order by Mayor Bums at 7 :30 p.m.
2. 11..11 ti
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The Pledge al Allcgiancc -led by Mayor Bums.
4. RallCall
Ablcnl :
Council Members NalJbolz, Onzulis, Gamlt. Bradshaw, Habcnichl ,
Wagona-,Bums
None
A quorum -prelllll.
Allo prcaem :
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City Ma-,cr Scan
City Aaomey Brolzman
Dq,uty City Clerk CallJe
Dinaor Simploa. Nciigbbol..tilvwlltloodvvvl 111d ~ Devclopmcnt
DifflCtOr Oryglewic:z. Fimncial Services
Senior Plamer Saa, Neigbbolhood and~ Development
Capital Projecu Mana,er Kabm, Public Works
Alliltant City Mana,er Flaherty
(a) COUNCB. Ml.DEil •RADSBAW MOVI.D, AND IT WAS SECONDED, TO
APPROVE THE MIN1JTI.S or THE UGUIAll MD11NG or SUTEMIIER 7, 1999.
Ayes : Council Mcmben Bmdlllaw, Habenicbt. Waggona-, Grazulis, Bums
Nays : None
Allllaia: Council Mcmben NalJbolz, Glm:U
The molioD carried .
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(a) .... Clf die F.-:111..cgioo al Honor Medal, 111d long time Englewood reaidalt, Mr .
.lole Media, and Ml. Friedl s.idll. Haaanry Frmdl c-il, MR iD ~ to ICCCpl a
proclMM«ioa llollariD& Mr. Media. Ma)u Bums advilmt dial Mr. Mcldina w 104 years old and a very
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September 20, 1999
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special gentleman. He said Mr. Medina was awarded this medal in France in August for his service in
France cuing World War I. He has three living cbildrm, many grandchildren. great-grandchildren, and a
great-great grandson here toaigk Mayor Bums said many members of Mr. Medina's family are
Englewood residents. and his three children are Manlclla Vigil. Robert Medina and Agnes Kaber. Mayor
Bums inlrnduced the Frmch Consul. Frieda Sanidas .
Ms. Sanidas said Ila she clicl not know, on Augllll gd> when she bestowed the French Legion of Honor
upon Mr. Medina, tbal she would, only a lllOlllh and a half Iller, gel to do it again. The Legion of Honor,
she said, ii France's bigllal honor bellowed upon both the military and civilians. It was first awarded
Wider N.,a-• a miiilaly honor, but OYer the years, ~ civilians have also received the Legion of
Honor. To IXIIIIIIICIIIOn the Armillice Day of World W• I, oo November 11. 1998, she advised. eight)•
years after Anniltice Day, President Chirac, the prelCIII ~ of France. had the wonderful idea to
bestow France's highest honor upon the living survivors of World War I. Ms. Sanidas said she did not
believe he rcaliud tberc still wm: lhal many alive and well . She said she was very pleased that Mr.
Medina is the oldest one in Colorado and also the fil1CSI and the spryest. and he wears his medal on his
right lapel with great pride . Fnmoc and the UnilCld Slalcs have always been friends, she said. II started
when Lafayette came, fought with the revolutionaries againll the British, she advised, and the Americans
have repaid that gesture many times. and always we are friends and fight on the same side. The colors of
our flags arc evcn1bc same, she noted, red, white and blue, so let me just say, long li\·e America, and vive
la France!
A proclamatioo honoring Mr. Jose Medina, a recipient of tbc Frmch Legion of Honor Medal. was
OOIISidcred.
The Deputy City Clelt was asked to read tbc proclamation in full.
MAYOR 8URNS MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION
HONORING MR. MEDINA.
Ayes:
Nays:
The mouon carried.
Council Mcmbcn Nabholz, Gam:tt, Bradshaw, Habenicht. Waggoner.
Grazulis, Bums
None
!Clerk's note: The proclamatioa was moved forwud on tbc agenda. Sec Agenda Item 8 (a)I
(b) Mr. Eric Bcrtoluzzi, 4860 Snulb Galapago Street, a member of the Englewood Cultwal
Ans Commission, disamed the propnacd arts center. He said ii was an honor to have been here with Mr.
Medina, who was actually alive when Tchaikovsky wroce his last and grcatcsl symphony. Mr. Benoluzzi
said he would like to dillCUSI an impnl1anl issue. Change has begun in Englewood, and its leaders are on
the lhresbold of rendering decilions which will affect, for many ycan to a,mc, the way this community
rcganls itself, he said. The CilyCcntcr project is a unique and fanlastic opportunity for Englewood, he
asserted, to C3IIC a multi~ development which can transform the entire community into a
vibrant and progressive landlcapc. The City is currently on the verge of finalizing agreements with the
Muscwn of Outdoor Arts and the David Taylor Dance Theater, two highly professional and dynamic ans
orpnimions, which will, no doubt, scrvc as vital components at CityCcnter, he said. The proc:css can be
funher enhanced, he suggested. by creating an arts center, focusing on education, and having a stale of the
art pcrfomancc venue, IOgclber becoming an exciting aaractioo for Englewood and surrounding
llOIIIIIIUllilics . An arts center sbouJd not be conceived, he allowed, as the total answer to the Cinderella City
site, but it will contribute significantly to the economic and social needs of CityCcnter. Similar
clc\>clopmcnts have been aalCld in towns• DCalby as Pueblo, with its SangJc de Cristo Arts Center, and as
far away as Abilene, Texas and CiRlcmboro, North Carolina, he said. 1bc&c visionary creations arc
producing beiplCUed prestige in addition to economic growth for their communities . The mo&1 important
and polallially lasting OUUX>mc, he said, is the undeniable improvement in the quality of life in these towns .
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Mr. Benoluzzi recalled the 70's, when Cinderella City was a happening place. The Slorcs were full of
CUllomcr5 and the puting lot was full of vehicles. He recalled one day when he came across a pink Rolls
Royce, and how he COVClcd that vehicle, as only a symphony musician can. Now owners of Rolls Royces
and Fenwis do !heir shopping at the Oicrry Creek Mall and l'lllt Meadows, he said. but these are places
that allo struggle with the challcngcs of diminishing consumer bues. Mr. Bcnoluzzi invited Council to
dream along with him about what uscd to be Cinderella City. It bas died and bas been plowed uncb. and it
exillS only in our memories, bul, he said, he likes it more the way it is now . because he does not sec a
vacant lot, but. rather. potemial. He said. when be bas breakfast at Le Pccp 's. be likes to look out the
window and IDC that potmlial , much the ame way an ll1ilt will view a blank canvas or a compo&Cr will
view a blank lbecl of music paper. It is a opporlllllity waiting to happen. Mr. Bcnoluzzi asked Council to
consider a ans center as being a QlGlflOIICIII of that devdopmcnt He said he would like to see it right in
the middle, whac be ca IDC it when be ii driving clown Hampden. One of the main reasons be would like
to IDC it there, is bccaUle it will be a thing of beauty. be said. and will be visually appealing to anyone
driving by . It is imporwu to the ellploratory commiaec. be said. that this ans cenler be, in itself, a work of
art. Although ii ii early in the prooea. Mr . Bertoluzzi said be would like to give Council an idea of a
vision for the ans center. He said tbcre would be a performuoe facility, with various theaters and galleries.
but tbcle venues would have I dual purpolC. oduallioa and CIIICl1linmenl . There would be one large
theater, seating maybe 1,500, and maybe OR day there would be a youth on:helln performing there. or a
youth brass ensemble. The next llipl. we migbl have a local ans orpniz.ation doing a major prcsentat.ion .
or a nationally acclaimed anilll, be said. We al11> feel there ii a need for a theater K.ating maybe 500
people, be said, wbcrc various theater prelCalations could occur . He said be likes to think of this place as
being busy every Saturday morning, llllnlCtiag families with prclClllalioos. not only by children. but for
children. We think it is also imponam. be llicl. to have a theater even a linlc smallcr than that. seating 300 .
This facility could be uscd for ra:ilals. be agellcd. by tacbcrs who have a need for places where their
lbldents can be prclCllled. It is the eduallioll of lcamiDg to perform. It could allO be used by local aniSIS
for their recilals, be addDd. and M believe tbcre lboulcl be an pllerics tbcre for the exhibitions of Sludents .
young people. as well a Clllblished anillS 6om c.o&orado and IRlWld the nation . We believe. and this is
very impol1anl, 11111 this 1111 center will be in pannenbip with the ICbool diSlrict. not to replace. but to
enbaua: the cunicula. be said. There would be classrooms and studios for a whole range of instruction in
an. music and theater. There would be SIUdios for anists in residenoe, be said. where they can actually do
their work, make their aaliom, and al11> have tbc raiwremm of having to pus along the education about
the Cfflllive procas, where people of all ages can lcam about that Mr. Benoluzzi said there could be
rebcarsal rooms, office raual space for local ans orpl1Wllioas, and a workshop where instrument makers
and n:pair people apply their trade. They would also have to have apprentices, so they can pass along their
skills, he said. Elcctrooic media is very imponam in our culture now days, and you can not Wlderestimatc
that. Young people will want to 1cam about this and we will have to provide thole opponunitics for them.
He said he would also like to see a conference center over there, because every business and organization
undenlandl the imponanoe and value or creative thinking. their success depends upon it. and what better
place to have !heir relrCIIS than in ow ans center, surrounded by the energy and the activitica that are going
on tbcre . Some migbl ask, be CO!lioucd, what llllkes the ellploratory committee think Englewood needs or
even wants an ans oenler. These: are the IDOll fundamental or questions, even more so than thole dealing
with bow much it will COit and who will run it We do not have all the answers. he said, but for starters, the
need for change ii not always apparmt to everyone:. A community which does rccogoi:ze the importance of
change ii the one which will pnllpCI'. We need a resowoe which honors and embraces tbc belief thal
creative thinking is as vital to a IOciety' s health and growth as is adcquale housing and a clean
eovil'OIIJIICIII. be said. We need a safe haven where our cbildrm can explore and discover the power of
communication through the arts, be ll5ICltcd, a place where the creative hWIIID spirit is permiued to soar to
amazing heights. Mr. Benoluzzi sbarcd a S1a1aoen1 writtm by the cbainnao of tbc Board of TruslCCS of the
Sangre de Crilll> Ans Cmter in Pueblo. "The rapoosibilily of raising a child is pal, but can't be done
alone, it takes the community 's help. Here in Pueblo. we can appreciate the abundance of consttuctive
events and activities available to our young people. Events that tc:adl, events that are wbolcsome, events
that are safe and affordable. It is especially bear1ming to see how much of the emphasis we have placed on
the positive ron:a or an. music, thcllt:r and clanoe ." Englewood ii capable of making these dynamic
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changes. be said, but the cff'on will n,quirc more than the exploratory committee working in isolation. The
CityCcnter project needs the brains, creative thinking and the courage of individuals from all sectors of the
community, including City government, the school dislrict, local businesses, and private institutions. he
staled. Mr. Bcrtoluzzi said be came here tonight repeaenting the CUiturai Ans Commission and the
explonlory commiuce, to ask Council to give favorable consideration 10 R&Crving a few acres of land next
door for the creation ol an arts CClllcr. Every aegment of the community is depending on its civic leaders to
make the best decision, which could very well propel Englewood into a stable and prosperous 21 • century .
be a,ncluded.
(a) Debbie Guindla, owner of Comenlone Books, passed out gift bags to Council. She said
then: wen: leuers in the bags explaining why Council received balloons. adding that there was a gift in the
bag, also. She said she would like to reialroduce Council to Cornerstone Books. and convey her interest in
possible n:locatioa to the CityCcnter. She invited Council to stop by Comerstooe Books and share with her
their vision of the book needs of this community . Ms. Guimhl:r advised that they "-ould be celebrating
their tendl year next year, and could not think of a better place to be. if the opponunity allows, than 10 be at
the CityCenter. If we an: in a position to rdoc:ale, she said. we will need more space to be able to expand,
and many of our CUIIOmCn ba\'C idealified 1he direction they would like to see the &ton: lake . She said she
was sure lhe Council memben would have !heir own viewpoints, and she would invite that She said she
would like to ICC additional periodicals. a news stand, flowers. coffee cans and so forth . Ms. Guinther said
many members of Council know tbal lhe bas ICMld a special population. and bas also provided a IOI of
aJIIIIIIWlity ICIVice in this area. O\u fifty percenl of the inventory is gift ilans, gn,eting cards and music .
so tbel'e is really an llll'IICtion for all aspecu of the population in Comenlone Books . One of the things tha1
makes it very UDique is tbal. since we an: specialiud. we aana people from all OYCr the metropolitan area,
she aid. This is a dr#iDllioa and brinp people from WeslllliWr, Aurora. Highlands Ranch and all of the
IIDllllain communilies becaUle of the niche that we have ICMld. She invileld Council to en~· their gifts.
axaplimcnts of Comcnlooe Boob, and to 11op in, as she is inlercslcd in bearing all ol their voices on whal
they ICC the book needs of this community to be.
(b) Bev Cummins, owner oflhe Mini Flea Malut. 3441 South Broadway, said she is also the
proud owner of a residcnoc in Englewood, so she felt lhe bad area.. to be here tonight. She said she has
tried, through many people, to get some iillercst in downtown Englewood. It is wonderful all these other
drams that an: being made, she said, but bow about the ones who ba\'C been behind you all these years .
Downtown, we an: dying oo the vine, because no one gives a damn, lhe said, about downtown Englewood .
It is all ol thcse big dreams and things that an: fine, but why let lhe rest of III dry out on the vine, she asked.
when we have been the ones who have been paying your taxes and your wages through these years, when
Cinderella City went down the tubes. We an: still here, she UICl1cd, and have asked to have a little bit of
help with a sidewalk sale, bul have been told no, we do not do that. Who says we don 't, she asked, we used
to. And it Ulcd to be a lot of fun and would bring people downtown again. Englewood should put up a
bannc.-for us, the 11111C way they did for Miller Field, lhe said. We an: downtown merchants and make our
living off of people coming downtown, we can not go out and get them anywhere else, they have to come
to us, but they all go to the mall rllhcr-than come downtown, lhe said. A lot of people do not even know
we an: down then:. She said she bas a list of mm:ham who would like to have a sidewalk sale, and the
owner of Legs wu lllppoacd to be here tonight with names also . They thought it would be nice to have
four or five blocks and have Englewood Sland behind us, not kick III in the seat, and have a good old
fashioned downtown sidewalk sale . Ms . Cummins said she could not even find a way to get a permit, or
anyone to help her with it, and she did not ICC why she llhould have to ask pennislion. since it is her liton:
and her sidewalk. as much• it is anyone else's. She repealCd that she would like to have Englewood
behind them to help put on a real good sidewalk sale . It wouldn't even be too bad to have one once a
11111111h, lhe said, but at least one or two and have advertising and everything to back them, so people would
come down and see then: is an Englewood downtown .
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City Mampr Sean aid be found out this aftemooa that there was going to be -clilcussion about this .
He said be -not complddy swc wbal we havc clone in the put. Aboul 3:30 or 4 :00 this afternoon, it
came to bis lllmlioo • -mcn:bmts wac iDlaalCld in having a sale, and our Public Worts
Deplrtmenl. • be lilldallaids it, bas clcllied that bwd upon our ordinaacc thal does not allow public
riglu af-y to havc this type of sale. He said be was not narc or that, but knew Ila Director Simpson,
Neigllboltlood ad eu.-Development, bad been worting on a proc:a1 to allow for tmt sales on new
clcwlapa:al. He said be tliiDb tbll Council is maybe just not -a( this illue. Mr. Sears said he did
not mo., wbal the CXIIMlllllion was with the Public Worb Dcpatment, but felt that, if there was a way to
• • -• 1111( tla type of ale, we would like to do dill, • loag • we are not ralric:ting public access . He
repeaod dlll be WIS not 11ft. It the llldf level, wbal kinds of CXlffl'Cl'l&tio bad tallcn place, but he felt it
WIS ICW"Cliing dill ComK:il might like to accommodate . He said they would like to see what could be
dolle, ifdlae WIS m onlillmce to accommodate it He invited Director Simpllon to amunenl.
DiftlCtor SilllplOII said there cumntJy is ID ordinaacc that clearly prohibits sidewalks sales, and that is one
or the-we havc not been permiaiDg tboe. Tbe sidewalks are CXllllidcrcd pan or the rigbl-<Jf-way,
he llid, explliaiag the background. He aid be undcntood there were some policies in the past that
permitted sales, and that is being bud into . We are trying to figure out bow we could possibly allow that
and would really like to he.-from Council as to whcdlCI' there is an imam in it If there is, he said, wc
havc prepared a policy thlt provides for 1ml sales to occur on private parting lots, so if Council wanted to
provide for sidewalk sales to oa:ur within the public rigbt-af-way, we could ocnainly prc:pan: that policy .
In onlc:r to legitimize it _. the long tam, we would want to make swc it <XIIIICS back as an ordinanoc.
Shon term, however, we oould addlas tbis •• policy, be adviled.
Council Member Habcnic:llt aid Ille ddinildy tliiDb City Council and all of the people in the City value
our downtown Englewood ud 8nJadway men:llaa. SIie aid there was a prcsentalion during the Study
Seaion lboul the impu. CJ beillc worbd oa for the SOUlla Broadway Corridor, including the
clow'*IWll dimict and we are paying wry clDlc lllealion. We ddinitdy value the tenacity and the strong
_.. -md the IUppOlt tbll our lluliMM CUIUMlllity • pa III on Broadway, and wc value that .
SIie aid Ille would like to ICC, wben we do ICW"Cbing lite dlis, that we wort in a,opmtioa with the
IIICldllnls MalCialions that are already in exillmoc IO tbll M make aure M ca accommodale needs in a
broad md IUppOltive way for cwrybody. 11111 would be w dlillg thlt Ms. Habeaic:bt said she would like
to ICC included in the orpnizltioal dlll M havc plWlllly, lite Ille EDDA ad the Chamber.
Council Member Nlbholz said Ille ha ipCIUII widl Ma. Cummim md Ms. Frank, ad can remember as a
kid tbe sidewalk sales we would have. TIiey have clone a lol of wort Oil dlll side of the sttcct for the
buli tbll are in fawr of it, and Ille aid Ille feels it would bring back IOllldhing wlique. SIie
encounpd Council to take a c:loe look It il, whcdlCI' it be twice a year or MIIICVer . It falls into the same
c:alql)ry, sbe felt. as finding a place to apiD havc a r.-amkd. 11ac t.isineucs have supported us,
Ille aid, ad have been p,d mcmben of this ClOlllmmity .
Mayor Burm said it would be inltructionll to havc a llillOly. boc:aUle be allo remembers sidewalk sales
wben be -a kid. He said be thiDb they have them ill Cbeny Creek even now, so he felt he would look
upon this f'awnbly.
Council Member Bradlhaw direc:ud Ms. Cummia lttcmon to the p:n&lean liaing behind her, Art
Scibelli . SIie alked if Ma. CummiM 111d dlltted with him. Ms. c-iDs lapondcd that she did DO( know
whether be was Oil her list or not. Ms. Biadlhaw said Mr. Scibelli has a field office localed down on
Hampden, west of Blvldway, and mcrdlanu can visit with him md his utr my time. SIie asked Ms .
CummiM to plealC 111C tblt, boc:aUle he can help.
City Manapr Sean aid the i11ue will be followed up It the llldflevd ad will be brought back to Council .
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(c) Bill Claylon, 951 Ea Camell Avenue, Acting Dim:torof'the Englewood Chamber of
Commm:e, said be would like to Ft with Ms. Cummins to work on her issue . He said he had not heard
about it previously. but would like to help find a IOIUlioa to that. This c:miing, be said, be really was not
acting • a representative of' the Cllambcr of' Commcn:c, but lllbcr as a citiz.cn of Englewood and a
taxpayer . He said be is always dimiayed when be -that no one stmds to speak with regard to the
budget. He said, when be a up there, it -dilcounging IO him, so be would speak tonight for two
n:uoas. First of' all, because be feds -. at 1ca, sbou1d have a a,ncem about the budget
Mayor Bums said tbere -a Public Hearing ICllediiled taaiglll, so if be would like to speak about the
budget, and be OIi the record, be llbould wait for the l'llblic Hearing.
Mr. Clayton said be tbougbt this -the time, and be wou1d wait IO speak during the Public Hearing.
(a) This item WB COlllickl'ed prmously. Soc Agenda llelll 6 (a).
(b) A proclamation declaring the Met o(October 10 lhnlllp 16, 1999 as World Population
Awareness Week WB consiclmd.
COUNCIL MEMBER NAllBOLZ MOVED, AND rr WAS SECONDED, TO DECLAU THE
WEEK 011 OCTOBER ll 111ROlJGB 16, I"' AS WORLD POPlllATION AW AUNESS
WEEK.
Ayes : C-ouncil Members Nabbolz, Gama. Biadlhaw, Habenicht. Waggoner,
Grazulis. B-
Nays : Nonc
The motion carriCld.
9. hblic Barias
(a) COUNCIL MEMBER HADSBAW MOVED, AND rr WAS SECONDED, TO
OPEN A PUBLIC BEARING TO GA.1111:R CITl7.EN INPUT ON ml: PROPOSED 2800
BlJDGl:T ll'OR THE CITY 011 ENGLEWOOD.
Ayes : Council Mcmbcn Nabholz, Ganm, Bradshaw, Habenicht, Waggoner,
Grazulis, Bums
Nays : None
The motion carried and the Public Hearing opened .
All per-. giving tcstimooy were duly sworn.
Dircldor Oryglcwic:z. l>qJnDall o( Financial Services, praentcd Proof of Publicalioo of' the Notice of the
Public Hearing. which appeaal in the Englewood Herald on September 10, 1999. He advised that the
Public Hearing wa to ptber citilJCII and other input for the year 2000 budget, which will be di9cuslCd at a
lpClcial C-ouncil mcding on OckJl,er 2... He said it WB a lillle bit more difficult budget this year, as the
City bas invaud quire a bit o( its racna to move the CityCenter along, but odler than lhat. be opined, we
bave a good and fair budget with good 111e of' City funds .
Mayor Bums asked iftbere Mre any tax increwl JIIOP(*d. Mr. Gtyglewicz responded that tbere were
not .
Bill Clayton. 951 Ea Comdl Avenue, said it is llil1 dilcounging that ao one, in a city of 30,000 people,
nn11 to lpl:ak lllout budget iaa. He said be wou1d addrea a a,uple of' iaa that be feels are aitically
imponaat to the aimamily. 'Ille finl one. be said, bas to do with the fact that we are a,ming up on an
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election, and in two of the politions wc have incumbents running unoppoaL He said he would IIOI
comment on Mldbcr 1hcsc incumbents ought to be clcded. bcc:ausc he feds everyone sining up there is
working bani and doing the best job they can. But it --lbal wc should all be conccmed about the lack
ofimaat, be said, in our political system and in the wclfuc or our llOlllJIIIIDily . He urged Council again.
as he bas for a number of years, to look very c:ardidly at ways to cncouragc more citizen participation .
One of the ways would be a Lcadcrsbip Englewood Program. The year bcforc last, he recalled, the
Chamber or Commm:e took 1h11 on and made a good first effort • it, but the Chamber is not, at this
IDOIDCIII, fiuncially able IO carry that burden. lbcrcforc, other c:ommunity groups need to step forward
.... -bow WC will do this, collectivcly. togedlcr, be said, IO bcocfit our community. How do WC find
people, be lllkcd, 111d lldp them lelm about the iaa, ID that when they arc elected. they do no1 say they
rally Fl • educalioo up bcrc, and they wish they bad known about what was going on before they were
declal to City Council, or bcforc they went OD the Planning and 1.oning Conunission. the Board of
Adjullmcals or~-Mr. Clayton said his first rcc:ommcndation, therefore. would be 10 recommend
IOIIIC 11111 or funding for a cooperative program with a group to do a Leadership Englewood Program. The
ICICXllld aJIKlCl1I, be said, is similarly rclalod and bas 10 do with the housing situation in Englewood, which
aJllliaucs to be difficult. Mr. Clayton said be feels ii is difficult bcc:ausc. as a landlord. he ccnainly was not
in mu o{ Ffting rid or tcnanl housing, however, the ralio or tcnanl to owner occupied housing is still loo
low in Eopcwood. He felt a pn,jccl such as Project BUll.D , or DIIClbillg similar. 111u the only way 10
cbanfc that ratio. He said the City ought to continue to pursue lbolc programs vigorously to improve
owner oa:upicd housing in the City of Englewood. He said ii is dcmomuablc tbal people who do not own
their own home do IIOl have the same imcrest in s-,icipaling in the c:ommunity as people who do own their
home. Repreeeming the business c:ommunity, lie said, tbcrc is I lol of illlaal in the business community ,
but of counc, we can IIOl wee . He felt tbcrc -a lol of~ people who have a considerable
invellmcnl bcR, much larger than Dl(lll oloar rcsidenu. A~ that owns SI00,000.00 in equipment
bas a much palla' invcslmcnl than the~ who rcnu m ...,unmt llld bas a SS00.00 deposit and a key,
be aid. We nm! to COllliouc to aJlllicb Mys to illaalC bome owncrap, be said, which brings us to
Cmdcrdla City, where wc -to bell aaodlcr ~-He -.rapd Council, as they look al
developers, to try to find ways IO CIISUl'C the housing thll is built tbcrc is built for sale. It can always be
rented if it is built for sale, be said, but if it is built for r-. it probably will llOl ever become for sale . He
said be bas beard numbers, 30% to be built for ale. which -70% lmllll occupied. Thal is preay
much the same ratio as over in north Englewood, md lbal is IDO lligh. We need more owner occupants in
the City ofEnglcwood, so thll wc will have more candiclMes tor City Council, and more people interested
in participating in our community, be said.
Casey Stockwell, 3919 South Washington Street, a member of the Planning and 1.oning Commission,
addressed Council rcganling the SS,000.00 for the audible cro&sing signals. He said this was discussed in
Planning and 1.oning. and the minius of thal meeting rcfl«1 thll be did not do any rcscarcb, but lhal was
not bUC . Mr. Stockwell said be did do research and dilCIISled ii with Traffic Engineering Analyst Vosuy.
There is a debate going on within the blind commllllity as to wbcthcr tbcsc arc good or not, be said. Some
people believe that, since they arc IIOl at every intencction, they arc confusing and, tbcrcfore. dangerous .
Half of them bclicve lhll means you should take them all out, and half believe you should put them at every
intencction. Wbdbcr you put them in or take them out, either way would lake money. be said The two
lhll exist right now, on Broadway, going cast and west, arc in usc for the blind and for aged people, be
advised, so be felt lholc should my in, since they arc not just helping the blind. It is Wlfonunatc that some
of the blind do not like lhcm, but it is in the best inlercst of the majority of the citizens to keep lholc in, he
said. There is one more, a little farther north on Broadway. and lhal one is for a specific individual al their
request, so tbal one should remain, be felt. Adding Ill)' IO croa 28S would be dangerous bcc:ausc the traffic
is too fast and tbcrc is IIOl mougb time to Fl acroG, SO IIOIIC should be added tbcrc, be opined. The only
other place would be at Belleview and Broadway, be aid. You could either do it nonh south or cast west,
bccausc you can not do it on both, bccausc then, when it beeps, you would IIOl know which way you were
going. BecaUlc it is equally busy both ways, be said, ii is Dl(lll safe to IIOl pm it in ll all . Mr. Stockwell
said bis ODDCllllion, thcrdorc, and be felt Mr. VOllly was in agrcemem, is to leave everything the way it is
and it will be sufficicDt.
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There were DO furtba' questions, and then -DO one die ptalCDl to .. to the issue .
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE TIU
PUBLIC IIEAIUNG.
Ayes : Council Manben Nabbolz. Gama, Bradlhaw, Habenicht, Waggoner,
Grazulis, Bums
Nays: None
'111c ... c:anied ad die l'llblic Hauill& c:lomL
10. C.....A..-
(a) Approval ofO.-on Finl Reading
~ -DO additional ilcaa lllbmiaed for appnMII mi finl rading. (See A..-Item 11 -Regular
Apela.)
(b) Approval of 0.-OIi Secoad Rcadiag
COUNCIL MEMBER WAGGONER MOYD, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM II (II) (I) ON SECOND D.ADING.
(i) ORDINANCE NO. 51, SERIES OF 1999 (COUNCll. BILL NO . 54,
IN'llU>DUCED BY COUNCIL MEMBER WAGOONER)
AN ORDINANCE APPROVING SUPPU!MElff NO . 144 ronm SOUI11GATE SANITATION
DIS11UCT CONNECTOR'S AGRF.EIENT POR nm INCl..USION OF LAND WI1HIN nm
D1S11l1CT BOUNDARIES .
Aya: c-:il Meallers Nlllllnlz, Gama, Bradshaw, Habenicht, Waggoner,
Gmlllil. Bins
Noa
(C) RaolllUOlll ad MoliOIII
COUNCll. MDDEll WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITUIS II (c) (I) AND (II).
(i) RESOLUTION NO . 87, SERIESOF 1999
A RESOLUTION AWARDING A NEGOilATED CONTRACT FOR PLAYGROUND EQUIPMENT
FOR BELLEVIEW PARK INSTEAD OF nm~ BID PROCESS UNDER SECTION 116
(b) OF nm HOME RULE CHARTER AND SECTION 4-1-3 OF nm ENGLEWOOD MUNICIPAL
CODE 1985 .
(ii) RESOLUTION NO. 88, SERIES OF 1999
A RESOLUTION APPROVING A COST OF LIVING ADJUSTMENT FOR MANAGERIAL,
SUPERVISORY, CONFIDENTIAL, UNCLASSIFIED AND PART-TIME BENEFTI'S-ELIGIBLE
EMPLOYEES OF nm QTY OF ENGLEWOOD FOR nm YEAR 2000 .
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Ayes : Council Members Nabbolz. Gam:tt, Bradshaw, Habenicht, Waggoner.
Grazulis, Bums
Nays : None
The motion carried.
11. Replar Aaeau
(a) Approval ol Ordinmocs on Fira Reading
(i) Senior Pllma Stiu premded a rcc:ommendalion from the Dcparttnen& of
Ncigbborhood and ~~to adopt a bill for • ordinance pertaining to Group Living
Facilitic5, and to ICiledule a Public Heariag for October 18, 1999 to gadlcr citiun input on this matter. Mr.
Stiu llaled dial tbae -a Sludy Seaioo prior to this meeting to discuss the main poinls of this group
living onlimace. For lhe akc ol tbe audience, Mr. Stitt atviscd dial this is an onlinancc to rcplaoc: the
dilpll8IC rc,quilanalll in our currmt zoning onlimace governing what typically is called group homes .
We have cholcn tbe tide ol group living. lince it covers a wider variety of situations. As a result of the
dia:ussion • lhe Sludy Seaioll, he offered five ammdmav to this onlimace for Council's consideration .
The first alJll'Mffll'All, be aid. is in tbe cldlnitioo cl dormitory, and that is pan of Section 16-8-1 , and it is
found oo page two of tbe dndt ~-The •lDC'IIClnN:nl -.Id be to cmnge lhe number of students, be
said, from eight to four, 111 tbal lhe definition -.Id read Ma facility uaed IS a living quaners for not more
than four studcllu mrolled in ~ or activilies • • colleF. IIIIMllity or boarding school, including.
without limil#ion, a lialcrnity or IDnlrity llalae OMICd or opallOd by m catity other than the college,
lllliversity or boarding ldlool ." The aext .,_.,..,.., be offered-oo page tlwe, under the definition of
Group Living Facility. 111e 0..., l..ivias FICilily aanady 11115 "----oa:upaacy of all or pan of a
11nicture by a poup ol people IMl dla .., _. die clcfillitia ol lloulellold living. llold, IDOlel or
cldalioll facility .· At tlil poill. • llid. -......... die .... --motel and cldaMion
facility, and add, _, ..._ facility, Mor~-" TIie aext modific:aticw would be to tbe definition
of ho111ebold. he llitl, wllicll ..... *-difl'aalC e+«fillitioN We~ modify aumber two,
whic:h ~ IIYI "a poup fl.., -........ ,._ acJC lelaled by blood, mmiage or adoption. or
lepl guanliaalhip. living liDllltller ia a dwellill lllail" At die cad ol 11111 plnlc, he aid, we would add
Mprovided lbal IUCb group dla acJC mod die dmllilioa ol donlitory ." The fourth amcndmcnt, which is
found oo pqe eipl, in Sec:tioll 1~23·2. Uae Rcgul#ions, alllllx:tioo G, cunmtly states "if active or
CCll!CiN-operlliaa--carried -.... period oltwelve ~ IIIOIOI in. group living
facility ... " Mr. Slitl mgpllal modifying tbal from twelve IDOlllhs to tine IIIOlllhs . 1be final change was
oo pqe thirtocn. whic:h aJDCellll the priva&e off-llnld patina llandanll, which is Sec:tioll 16-S-S+8,
wllidl ii a propoled pilUII n,qail" C D poup living facililics . CunalCly the propoecd rellriction is
"oae partillg space per four reaident bodl, pl• one apace for each tine employees ." Mr. Stiu fflDDIP,...,.., dlll be cllallpd to "one ..,ting apace per tine raidmt beds pl• one space for each three
cmploycel." With thole propoled ammdmm«s, we -.Id ffllllal appvval oo In reading of this Group
Living Orcliaioe, and the Idling ol October 18, 1999 IS I Public Hearing date, be said.
The Deputy City Clerk read the council bill by title:
COUNCIL BILL NO . S6, INTRODUCED BY COUNCil.. MEMBER BRADSHAW
A BilL FOR AN ORDINANCE AMENDING 1Tl'LE 16, BY AMENDING CHAP1ER 8, AND
AMENDING CHAP1ER 4, BY 11IE ADDmON OF A NEW SECTION 23, EN1TIUID "GROUP
LIVING FACil..lTIES." AND AMENDING CHAP1ER S, SECTION S, EN1TJ1.ED "PRIVATE Of'F.
STREETPARKINGSTANDARDS,"OFTIIEENGLEWOODMUNICIPAL<X>DE 198S .
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COUNCD. MEMBER SIIADSIIAW MOVED, AND IT WAS SECONDED, TO Al'PROVE
AGENDA ITEM II (a) (i)-COUNCD. SOL NO. 56. WITH THE AMENDMENTS AS MR. STITT
UADTBEM.
Council Member w._...., rdariDg to Mr. Sli1l '1 memo cllted May 12* lbal MIii bdore the Planning
and 7.oning Commillion, llllled dlll, oe IIIF c-it ays "uy group living facility wllole resicleml arc
idelllifiecl as having~ in• act ofYllldllilm or lllrw on mon: than six occasions within the
calmdlr year." Mr. WagDIIIS llid lbll did aol -dlruugll in the ordinance. Mr. Stitt said not in that
form. We clilaaal lbll IDC:IMia widl die ....... C · · • wl the~ that came up with respect to
lbal provision -dlll acts of vaadllia and.._ -uni to clcfinc. In fact, if there was a
ncigbborhoocl dilplde ill• odw:nrilc 1aw---.---......,.,,.. for imlw:c, aJUld claim
llll £, he llid. Radlel' ,_ .... illo £IYias IO_.. a licullioa where there may not be clear
facts, WC decided it -bcacr IO pn,vidc. rcpllcioe. die canm onlilmlCC docs, Wider the Use
Jlegi!la«icw oe P1F eipl. 'MIil wc -pnlpOIUII ii to ay ~uy group facility whole residcncs include
my illlividuall wllo lulw ... C08Vicled by aay COUii of-£la w minmewH or felony involving
propaty da-,e or per-a ilia)'. 11112 -ca itled wllilc he or lbc -a raidmt of the group living
facility, ..0 be docmed IO be a pilllic .._ ad lllall be lllbject to tllOllc cnfora:mcnt actions and
pcnallia applic:lblc to odlS pilllic __. widliD die City." So ia:bcr £la place the enforcement
po-, witllia die zmi111 ~ we taak tllOllc out aad made tllOllc actions oovcmt by the nuisance
orf c, lie llid, bee.-MIii yoa -nally llllkiq about ii DOI the oa;upancy of the structure, but the
bellavior of die ildvidlala .... may laidc in dlll lllUCllft.
c-il Maaba' ........ aid ... ii MIi£ die~ spalic about . Mr. Stitt agreed.
c-il Maaba' lflmaic:ll2, ldariag to die cxanplcs OIi P1F1 five ud lix for a small group living
facilily, ..... if diey ~ pn,vidc -kiDd of .. malllilll md of lcgilla£ion that ii not alJQdy
CIMIIIII. Mr. Slil2 llid IIO., *--ia din to pn,vidc llldl' with -guidlncc 10 dlll tllOllc particular
l)1ICI of facililics -pn,vided for ill odlS lll2e or federal llablCa. Tbil doa DOI mean that by simply
lilliag dan ill our~ they arc pamiaed, it ii just a guiddinc ID dlll lCafl' bas a little guidance in
llyiag 10 ede · · a dlil pll1iallar pn,visioa. Ms. Habcaidl£ aid inclusion in bcrc doa not ncccssarily
-it ii iaclllded ill all miiag. Mr. Slitt llid 1111, it doa not.
Aya:
Nays :
The molioD canied.
Council Membcn Nallbolz, Gam:a, Bradshaw, HabcnicbC.
Grazulis, Bums
Council Member Waggoner
Council Member Bradlbaw said, for tllOllc who arc inlaated in the Group Living F acilitics ordinance, the
Public Haring ,will be OIi Oc:kJbcr 1 r!'.
Mayor Bums aid wc should Id Iha£ by IIIOUCIII.
COUNCD. MDDER SIIADSIIAW MOVED, AND IT WAS SECONDED, TO SET THE PUBUC
IIEAIUNG fOR THE PROPOSED GROUP UVING FACILITIES ORDINANCE ON OCTORR
11, I"' AT 7:JI P.M.
Ayes :
Nays :
The molioD canied.
c.ouncil Members Nallbolz, Gam:a, Bradshaw, Habcnic1-, Waggoner,
Grazulis, Burm
None
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more specifically defining the vacalioD o(ri~-u-way along the 500-800 blocb of Wat f1oyd Avenue .
He advilld dllll the iDtmt o( this onlinuce would be to redefine the caallClll. Al the time WC vacated
Floyd A-between Ellti ml Huron, It the n,qi.-o( die Utilities Dcparll&B. WC relaincd a general
Ulility eaaement oa lixty-six i,et oftlllt. He aid Wal-Malt• llllled for a apecific eaement, illllead of a
,eac:ral Ulility eaement, oa the tWCllly fee( dllll wc arc Idling to them. ad all dllll is oa the twcnty feet is
the Little Dry Crm box c:uM1t. The purpa1e of du ii to provide them witll die llpCICific cuement, be
aid. We arc hying to do the little aids 11111 c'-111 wc can Fl a cloliDg with Wal-Man. be added.
Council Member Bradlhaw llllled if dlil would illlpair -lllility IO Fl ill 11111 take care o( anything that
pca 1fflllll. Mr. Kala lllid m • all. We Mft c:lanld dlil dlluup 1Jtililiea. dlcR arc no Olher utilities in
dllll llrip, it iljull the box. Ullbt I), die IICXl ... I llft'C IO do ii lilllllCI )OU a lffllCld onlinuce, be
aid. The cloamal dlll -in )OW' pactd. lie advilDd, rdemld to die Wal-Mart property as Lot 9 of
Block I o(the ~ CityCealer filiag. bul, in fact, il ii Lot I o( Block 9. The cbangcs are in bold and
it ... been dapd in tbree places.
COUNCIL MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ii) -COUNCIL 8W. NO. 57, AS AMENDED.
CX>UNCIL BILL NO . 57, INI'ROOUCED BY COUNCIL MEMBER WAGGONER
A BllL FOR AN ORDINANCE AMENDING ORDINANCE NO . 21, SERIES OF 1999, MORE
SPECIFICAIL Y DEFINING 11fE VACATION OF RIGl:IT-OF-WA Y ALONG 11fE 500-800 BLOCKS
OF WEST FLOYD A VENUE BY 11fE CITY OF ENGLEWOOD .
Ayes : Council Members Nabbolz, Gam:a, Bnidsbaw, Habcnichl. Waggoner,
Glazulil, e..
Nays: None
The motioa c:arriod.
(b) ApprcMII oCO--oa Secoad RadiDg
(i) ORDINANCE NO . 52, SERIES OF 1999 (COUNCIL BILL NO. 52 ,
INI'ROOUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE APPROVING 11fE WHOLE COST OF 11fE IMPROVEMENTS MADE Wl11ilN
PA VINO D1S11l1CT NO. 31, IN 11fE CITY Of ENGLEWOOD. COLORADO; APPROVING AND
CONFIRMING 11fE APl'ORTIONMmrr Of 11fE COST TO EAOI I..OT OR TRACT Of LAND IN
SAID DIS11l1CT; ASSESSINO A SHARE Of 11fE COST AGAINST EAOI I..OT OR TRACT OF
LAND; AND PRESCRIBINO 11fE MANNER FOR 11fE COLLEC110N AND PAYMENT OF 11fE
ASSESSMENTS .
COUNCIL MEMIJER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (II) (I) ON SECOND READING.
Aycs : Council Members Nabbolz, Gam:tt, Biadlbaw, Habcnichl. Waggoner,
Grw.ulil, Bums
Nays : None
The motioa carried .
(ii) ORDINANCE NO. 53, SERIES Of 1999 (COUNCIL BILL NO. 55,
INI'ROOUCED BY COUNCIL MEMBER BRADSHAW)
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AN ORDINANCE OF 1HE CITY OF ENGLEWOOD, COLORADO, AlJllfOIUZING 11fE ISSUANCE
OF SPECIAL ASSESSME1'lf BONDS INTIIE AGGREGATE PRINCIPAL AMOUNT OF 1612,000.00 ;
PRESCRIBING 1HE FORM OF 11IE BONDS; PROVIDING FOR 1HE PA YME1'lT OF 11fE BONDS
FROM SPECIAL ASSESSMENTS IMPOSED UPON PROPERTY Wl11IIN PA VINO DISTIUCT NO . 38
AND MAKING CERTAIN COVENANTS IN CONNECTI'ON lllEREWTlli; PROVIDING 0111ER
DETAD..8 AND APPROVING DOCUMENl'S IN CONNECTION WITH 1HE BONDS .
COUNCB. MDIKR SllADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITUI 11 (II) (ii) ON SECOND UADING.
Ayes : Couaci1 Members Nabbolz, Gam:tt, Bnidlblw, Habenicht, Waggoner,
Gruulis, Bums
Nays : None
The modon c:anied.
(c) Rmolulicxa llld Molions
(i) ~ Cily Manager Flabcrty praemcd a recommcndalion from the City
Maqcr's Officie IO adopt a raollllioa pnMding COIIIIDClll on the Enviroamcn&al l...,act Stalcmcut for the
Regional Traospor1alion Dilllict'1 SoudlCall Conidor propoal . He advillell 1h11 this resolution was
origjmlly pracnted IO C.ouncil OD Allgllll 16•, bul allllinued IO IOllight. The raolution provides
comments on the Envirolunclal IDlpm S-for the Soudleut Conidor propoal 1h11 includes the Ii.,. rail line and the biglnway impOliClllellU. In pneral, be said, the iaollllioa suppol1I the light rail
devdopmcnt in the Southeul Conidor, bul oppoes the-of the CllliR Omeral Iron Works site as a
maiNmana: and lkllqc facilily . Coullcil IIICl with officials of RTD 111d the Colorado Department of
Tralllpor1alion on September 1• llld dilcuwd the prcfcnat lite for the ngintmana: facility and possible
allcnllc lites. well• ........ illcludillsjoial dm:lopmclll .... be said. ~. it ii importanl
dull our mmmmhF be iDchlded ia die EIS prior to die October 5• dradlinc . If Council appl'CMI this
raolulioll tmipl. be adviNCI, ...-wru ~ a trmmlillal Idler 111d forward it to the Colorado
Deplltmrnl of TIWllpOlllliaa, tbc n,cemag a,aicy for the CIOlllllmill on the EIS.
111c raollllioa -Mliped a ...aber 11111 rad by title:
RESOLUTION NO. 19, SERIES OF 1999
A RESOLUTION PROVIDING COMMENT ON 11IE REGIONAL TRANSPORTATION DISTIUCT
SOUlllEAST CORRIDOR PROPOSAL FOR Bun.DING A LIGHT RAH.. TRAIN MAINTENANCE
FACll..ITY AT 11fE CENERAL IRON WORKS SITE IN ENGLEWOOD .
COUNCB. Ml:Mal:R allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITUI 11 (c) (1)-lll:SOLtmON NO. It, SERll:S OJ I,,, •
Council Membu Bnmbaw a,mpli.,.,..., uff fllll' liltming 111d doing a good job of ll)'lltbesizing the
fcclinp of Council .
Mayor Bums said the ~ pat of this raollllioa ii remgnizing 1h11 we arc working IOFlbcr with
RTD 10 try 10 provide a win-will lilualion with the Gcncnl Iron Works lite. We haw: a veiy IIJOllg desire
to haw: a dcvdopment that the City of Englewood would be proud of at thal li1e. be said, adding that be felt
we could work toptbcr on tbia. He said be undenlandl there are on-going negoeialionl between RTD wl
Dua wl Jack Crawford, 111d hopes thole will CIOlltinue, but in the meaalime we would like to make a
llalcmall as 10 what the City would lib clone with that lite.
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A)'CI : Coacil Mrmben Nabbolz, Gama, Baadlbaw, Habcaick, Wauoncr,
Gamalil,S...
Noa
(ii) DiW Grn1cwicz .....,.s a fflllllDIDC"Al r.um the Dcp11tma1t or
F'iwial Scmccs to adapl a rcaululicm .... i ..... illlenll ilfCI on Paving DilUict 38 bonds. The bonds
-jail aulbarilJIII by C-=i1 Bil No. 55, lie aid. The bonds were aateted laa week, and the .-s, in
die yar 2000, will be 4.25%, ad die ... ~ ial die year 2009 will be 5.6%, be adYiled.
'Ille....._ -aaiped a .-..er 11111 read by title:
RESOLUJ'ION NO. 90, SERIES OF 1999
A RESOLUllON OF 11IE CITY OF ENGLEWOOD AWARDING 11IE SALE OF SPECIAL
ASSESSMENT BONDS IN 11IE PRINCIPAL AMOUNT OF 1612,000 FOR PA VINO DIS11UCT NO.
38; AND ESJ'ABLISHING 11IE OOFJtESI' RAffS AND 11IE ES11MA1ED REDEMPl'ION
SOIEDULE FOR 111E BONDS.
MAYOR aUllNS MOVU. ANa ff WAS S&CONDD, 10 APPaOVE AGENDA ITEM
II (e) 00-RUOLVl'ION NO. .. gma OP I,,,,
A)'CI: c-:il ........ NaMalz, 0.... Baadlbaw, Habenicht, Waggoner,
Olulllil.a..
Nays: Noa
'Ille ---carried.
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Mlyar a.. n C .. a.--.·, ..... ._. .. ,__ far ca tt by Couac:il. City A--,._........................ ....... be pennittod.
IIAYOll lHJIIJIIS IIO\'D 10 ANOUIINU. '111c ........... • 1 :45 p.a.
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, SEPTDIBER 20, 1999
7:00 P.11.
Call to order. ?:.30p tn ·
Invocation. ))~
Pledge of Allegiance. ~
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" Ji,,µ' 4. Roll Call. 1 ~ ~-~ Minutes.
~~'J.. '""utes""" the R.,.,., City Council mee,,g of Septembo, 7 , 1999
6 . Scheduled Visitors . (Please limit your presentation to ten minutes .)
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Recipient of the French Legion of Honor Medal, and Englewood resident , Mr. Jose
Medina. and Ms. Frieda Sanidas, Honorary French Consul , will be in attendance to
accept a proclamation honoring Mr. Medina.
Mr. Eric Bertoluzzi, Cultural Arts Commission Member, will be present to discuss a
~· tJ proposed arts center. ~,,..
Non-~chedu~ed Visitors. (Plei~esecn to five miriutes.) .
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8. Communicat10ns7'"~roc'famafu> , . tments .
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Proclamation honoring Mr . Jose Medina , recipient of the French Legion of Honor
Medal.
Proclamation declaring the week of October 10 through 16 , 1999 as World Population
Week.
Pleau note: If you have• dlublllty and need auxiliary aids or NrVtcN, please notify the City of Englawood
(303-762-2405) at leut 41 hours in advance of when NrVicN .. needed. Thank you.
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Englewood City Council Agenda
September 20, 1999
Page2
10. Consent Agenda.
a. Approval of Ordinances on First Reading. ¢)
.i ~ b. Approval of Ordinances on Second Reading. ~ ,,,
L ~-_ i. Council Bill No. 54, approving Southgate Supplement No . 144.
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fl c. Resolutions and Motions.
_i.
ii.
Recommendation from the Department of Parks and Recreation to adopt a
resolution approving the purchase of playground equipment for Belleview
Park. Staff recommends purchasing the equipment from the sole source
vendor, Ermold Park & Recreation Products, Inc., for a total cost of
$27,443.18. STAFF SOURCE: Jerrell Black, Director of Parks and
Recreation and Dave Lee, Manager of Open Space.
Recommendation from the Human Resources Department to adopt a
resolution approving a cost of living adjustment for calendar year 2000 for
managerial and supervisory employees , confidential employees, part-time,
benefit eligible employees, and unclassified, benefit eligible employees.
STAFF SOURCE: Sue Eaton, Director of Huma~ Resources.
11 . Regular Agenda.
a . Approval of Ordinances on First Reading . ....... _ ....... ...,_ i
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(IEE AMENDMENTS ON PAGE 3) ....... _ ..........
............ Oallllllr 11, 1111111
117:30 p.111. 74
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w .. a • -ma11on ID apprvw _ _.... 1-4
(SEE AMENDIENTS c;,ti1 PAGE 3)
Council Bill No . 56, Recommendation from the Department of Neighborhood
and Business Development to adopt a bill for an ordinance pertaining to
Group Living Facilities and to schedule a public hearing for October 18, 1999
to gather citizen input on this matter. STAFF SOURCE: Harold J. Stitt,
Senior Planner .
Council Bill No. 57 , Recommendation from the Department of Public Works to
adopt a bill for an ordinance amending Ordinance No. 21 , Series of 1999,
more specifically defining the vacation of right-of-way along the 500-800
blocks of West Floyd Avenue. STAFF SOURCE: Rick Kahm, Capital
Projects Manager/Executive Director, Englewood Environment
Foundation
b. Approval of Ordinances on Second Reading .
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Council Bill No. 52. approving the assessments for Paving District 38.
Council Bill No. 55, authorizing the issuance of Special Assessment Bonds in
the amount of $612,000.00 for Paving District 38.
PINN note: If you have a dlaabillty and need auxiliary aids or ..vices, plea• notify the City of
Englewood (303-712•2405) at least 48 hours In advance of when ..vices ant needed. Thank you .
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Englewood City Council Agenda
September 20, 1999
Page3
c. Resolutions and Motions .
Recommendation from the City Manager's Office to adopt a resolution
providing comment on the Environmental Impact Statement for the Regional
Transportation District's Southeast Corridor proposal. STAFF SOURCE:
Mlchael Flaherty, Assistant City Manager.
~f,1.0
~joumment
Recommendation from the Department of Financial Services to adopt a
resolution establishing interest rates on Paving District 38 bonds. STAFF
SOURCE: Frank Gryglewicz, Director Financial Services.
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The following m inutes were transmitted to City Council between 9/3/99 and 9/16/99 :
• Englewood Cultural Arts Commission meeting of July 22. 1999
• Englewood Cultural Arts Commission meeting of August 4, 1999
• Englewood Board of Adjustment and Appeals meeting of August 11, 1999
• Englewood Parks and Recreation Commission meeting of August 12, 1999
AMENDMENTS
Agenda 11am 11(a) (1) -Counc:11 811 ND. SI
1. Page 2. §18-3-1 -Dellnition of Oonnitory: Change the number of students from a to 4 .
IO that It rNds • A facility UMd • a living qua,ters for more then 4 IIUdentl ... •
2 . Page 3, §16-8-1 -Deftnillon of Group LMng Facility: Strike the~.,,,. i.-, the words
·mot.a• and 0 CMtention facility" and add the words •or dormitoly", so that it reads "Residential
Occupancy of al or part of a llruc:ture by I group of people that does not mNI the
dalinition of houHhold living, hotel , motel, detention facility or dormitory ... •
3. Page 3, §18-3-1 -Deftnition of HouMhold : Following 0(2) A group of not more then eight persons
not rllaled by blood, menilge, adoption, or legal guardianship living together in I dMlling unit",
add "provided that suc:n group doea not meet the aftnllon of donnitory."
4 . Page 8, §16-+~2-G • Change the 12 to 3, IO ii rNdl "If 1c:t1Ye and continuous operations ere
not c:anied on for a period of~· . ."
5. :::.~~· §1~-Change""~~tolhrN, so ii rNdl "One perking space perthrN resident
Agenda ltam 11 e 11-Council 8111 No. 57
The legal desaiption -changed in lhrN places to Ip reflect Lot 1, Bloc:il 9
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PINN nota: If you a,.,,. a dlubillty and need auxiliary aids or NrVicN, pleaN notify the City of Englewood
(303-712-2405} at 1Nst 41 hours In advance of wti., NrVicea .. nNdad. Thank you.
:
PINN nota: If you a,.,,. • dlaablllty and need awdllary aids or servtc.s, p ..... notify the City of Engl-ood
(303-712-2405) at INst 41 hours In advance of when NrvlcN .. needed. Thank you .
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Englewood City Council Agenda
September 20, 1999
Page3
c. Resolutions and Motions.
Recommendation from the City Manager's Office to adopt a resolution
providing comment on the Environmental Impact Statement for the Regional
Transportation District's Southeast Corridor proposal. STAFF SOURCE:
Michael Flaherty, Assistant City Manager.
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Recommendation from the Department of Financial Services to adopt a
resolution establishing interest rates on Paving District 38 bonds. STAFF
SOURCE: Frank Gryglewlcz, Director Financial Services.
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The following minutes were transmitted to City Counc il between 9/3/99 and 9/16/99 :
• Englewood Cultural Arts Commission meeting of July 22 . 1999
• Englewood Cultural Arts Commission meeting of August 4 , 1999
• Englewood Board of Adjustment and Appeals meeting of August 11 , 1999
• Englewood Parks and Recreation Commission meeting of August 12, 1999
AMENDMENTS
Agenda -..11(a) (11-Council BIi No. SI
1. Paga 2. f1~ 1 -o.llnilloll ot Donnitory. Chang• the number of atudents from e ID 4,
w lhllt • rNds • A facillty UMd a • IMfl!I quarters for more then 4 students ... •
2 . Paga 3, f1~ 1 -D9llnillon of Group Lilling Facility: Strike the WU'd "DI'" '*-1 the words
•rnotar and "detention facility" end edd the WU'd1 •or donniloly", so that it reeds "RNidential
Occupanc:y ot al or part of• strvdure by• group of people that d-not meet the
deflnillon of houHhold IMng, hate!, motel, detention facility or dormitory ... •
3. Paga 3 , f1~1 -Definition of HouMhold: Following "(2) A group of nat more than eight persons
not~ by blood, memage, adoption, or legal guardianship living together in• dw91ing unit",
add "pnMded that such group doN not n'INI the definition of dormitDry .•
4 . Paga e, §1&-4-23-2-0 -Chang• the 12 to 3, so it reeds "If actMt and continuous operations••
not carried on far• period of~-·.·
5. ::. -~~· f 18-6-$.A.8 -Change ~~ ID llvN, IO I reads ·an. perking 1PK8 per thrN rNident
Agenda n.n 11 a U-Councl BUI No. 57 ~
The legal delc:ription -changed in llvN plac:a ID Ip~ reflect lot 1, Blodc 9
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, SEPTEMBER 20, 1999
7:00 P.M.
1. Call to order.
2 . Invocation .
3 , Pledge of Allegiance .
4 . Roll Call ,
5 . Minutes.
a . Minutes from the Regular City Council meeting of September 7 , 1999
6 , Scheduled Visitors . (Please limit your presentation to ten minutes.)
a. Recipient of the French Legion of Honor Medal , and Englewood res ident, Mr. Jose
Medina , and Ms. Frieda Sanidas, Honorary French Consul , will be in attendance to
accept a proclamation honoring Mr. Medina.
b . Mr . Eric Bertoluzzi, Cultural Arts Commission Member, will be present to discuss a
proposed arts center.
7 . Non-Scheduled Visitors , (Please limit your presentation to five minutes.)
8 . Communications, Proclamations , and Appointments ,
9 .
a .
b .
Proclamation honoring Mr, Jose Medina, recipient of the French Legion of Honor
Meda l.
Proclamation declaring the week of October 10 through 16 , 1999 as Wortd Population
Week .
Public Hearing . (Published for 7 :30 p .m.)
a . A public hearing to gather citizen input on the proposed 2000 Budget for the City of
Englewood .
PIN• note: If you have • dlubillty and need auxlllary aide or NrYicft, plea• notify the City of Englewood
(303-762·2405) at .... , 48 hours In advance of whm Nl'Vlc:N .. IINded. Thank you .
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Englewood City Council Agenda
September 20, 1999
Page2
10. Consent Agenda.
a. Approval of Ordinances on First Reading .
b. Approval of Ordinances on Second Reading .
i. Council Bill No. 54 , approving Southgate Supplement No . 144 .
c . Resolutions and Motions.
i. Recommendation from the Department of Parks and Recreation to adopt a
resolution approving the purchase of playground equipment for Belleview
Park. Staff recommends purchasing the equipment from the sole source
vendor, Ermold Park & Recreation Products, Inc., for a total cost of
$27,443 .18. STAFF SOURCE: Jerrell Black, Director of Parks and
Recreation and Dave Lee, Manager of Open Space.
ii . Recommendation from the Human Resources Department to adopt a
resolution approving a cost of living adjustment for calendar year 2000 for
managerial and supervisory employees, confidential employees , part-time.
benefit eligible employees , and unclassified , benefit elig ible employees.
STAFF SOURCE: Sue Eaton, Director of Human Resources.
11 . Regular Agenda .
a . Approval of Ordinances on First Reading .
i. Council Bill No. 56 , Recommendation from the Department of Neighborhood
and Business Development to adopt a bill for an ordinance pertaining to
Group Living Facilities and to schedule a public hearing for October 18, 1999
to gather citizen input on this matter . STAFF SOURCE: Harold J. Stitt,
Senior Planner.
ii. Council Bill No . 57 , Recommendation from the Department of Public Works to
adopt a bill for an ordinance amending Ordinance No . 21 , Series of 1999,
more specifically defining the vacation of right-of-way along the 500-800
blocks of West Floyd Avenue . STAFF SOURCE: Rick Kahm, Capital
Projects Manager/Executive Director, Englewood Environment
Foundation
b . Approval of Ordinances on Second Reading .
i.
ii.
Council Bill No. 52 , approving the assessments for Paving District 38 .
Council Bill No. 55, authorizing the issuance of Special Assessment Bonds in
the amount of $612,000.00 for Paving District 38 .
Please note: H you have • dlublllty and need auxiliary aids or services, plea• notify the City of
Englewood (303-782-2405) It least 48 hours In advance of when services are needed. Thank you .
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Englewood City Council Agenda
September 20, 1999
Page3
c . Resolutions and Motions.
Adjournment.
i. Recommendation from the City Manager's Office to adopt a resolution
providing comment on the Environmental Impact Statement for the Regional
Transportation District's Southeast Corridor proposal. STAFF SOURCE:
Michael Flaherty, Aalstant City Manager.
ii. Recommendation from the Department of Financial Services to adopt a
resolution establishing interest rates on Paving District 38 bonds. STAFF
SOURCE: Frank Gryglewlcz, Director Financial Servlcea.
The following minutes were transmitted to City Council between 9/3/99 and 9/16/99 :
• Englewood Cultural Arts Commission meeting of July 22, 1999
• Englewood Cultural Arts Commission meeting of August 4, 1999
• Englewood Board of Adjustment and Appeals meeting of August 11, 1999
• Englewood Parks and Recreation Commission meeting of August 12, 1999
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Please note: If you have a dlubillty and need auxlllary aids or aervlc:ea, please notify the City of Englewood
(303-762-2405) at lent 48 hours In advance of when aervlc:ea.,. Meded. Thank you.
Please note: If you have a dlubillty and need auxiliary aids or services, pleue notify the City of Englewood
(303-762-2405) at lust 48 hours in advance of when servic:ea are Meded. Thank you .
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ENGLEWOOD CITY COUNCB.
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
September 7, 1999
I. Call to Onler
The regular meeting of the Englewood City Council was calJed 10 onkr by Mayor Bums at 7 :40 p.m.
2. lavocatioa
The invocation was gi\lCII by Council Member Nabbolz.
J . Pied• or Allqiuce
The Pledge of Allegiance was led by Mayor Bums.
4. RollCaU
Present: Council Members Nabbolz. Grazulis. Bradshaw, Habcoic:ht. Waggoner.
Bums
Absent: Council Member Gartctt
A quorum was prcscnt
s. Miauta
Also pracat: City Manager Scan
Allislant City Attomcy Reid
City Clerk Ellis
Dira:tor SimplOD. Neighborhood and Business Dcvdopmcnt
~MamgcrKabln
Dira:10r Cilyglewic:z. Fillmcial Saviccs
Dira:tor Roa. Public: Worts
Dira:tor Fonda. Utilitiea
Dira:tor Black, Parts and Rcc:rcatiOII
(a) COUNCB. MEMBER SRADSBAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THE REGULAR MEETING or AUGUST 16, 1999 .
Counc:il Member Bradshaw noced sbc found an cnor OIi page 9, in the huge, long paragraph, about two-
thirds of the way clown. It llaltl with the word said ... Msaid, and I have 10 work with you so thar we do
c:omplimcots your plans." Ms. Bradsbaw said it just doesn 't make sense. She suggested using the word
what inllcad or tbal or~ wbm" WC do .
COUNCB. MEMBER BRADSHAW OFFERED THE CORRECTION AS AN AMENDMENT TO
BER MOTION.
Ayes : Council Members Nabbolz, Bradshaw, Habcoic:hl, Waggoner, G111Z111is,
Bums
Nays : Nooe
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Eaclewood City Coucil
Seplalber 7, 1999
Pa&el
Absent: Council Member Garrett
Motion carried and the minutes were approved as corrected.
6 . Scbedukd Viliton
There were no scheduled visiaors .
7. Noa-ldleduled Viliton
Mayor Bwns noted that several people have signed up to speak about group homes. He advised Iha& this is
a matter that Council will take up in a couple of weeks and they thought it migha be helpful and a counesy
to have a Slaff member advise the n:sidcllls as to where wc arc in this poccss. So. Mayor Bums said. he
was going to call on Bob Simpson, our Director of Neighborhood and Business ~·elopmcnl to just say a
few words about when: Council is in the process of reviewing our ordinances on this subject ..
(a) Director Simpson noted wc heard from this neighborhood this last week and we were
aware they might be in aamdaoa: tonight He said be wanacd to provide Council wilh some background
on this g,oup home ordinaoa:. As they may be aware, he said. wc began review of the existing zoning
ordinaoa: starting in January of this year with the Planning and Zoning Commission. In March we met
wilh City Council ll a Study Session. They continued to receive input and began to put together an
ordinance tbll, rally, -a balance bc:twecn community objectives for a more Slringcnt zoaing ordinaoa:
and the Federal Fair Housing laws. The goal, as be recalls, was to maintain a very good neighborhood
character, proccct ialegrity and proteet the neighborhood qualities thal we value so highly hen: in
Englewood. And again. be said. wc needed to make sure that wc were balancing that against the F edcral
Fair Housing laws . Whal wc did, be advised, was prepare an ordinance thal he believes begins to do some
oftbal and it -in front of the Planning and Zoning Commission early in Junc and it was continued
appoximaldy three limes to respond to a IOI of the input they have heard from Planning and Zoning and
the community and to c:arcfuJ.ly racarch the legal issues that arc associated wilh this kind of ordinance.
Mr. Simpson poinlCd out that ii is a very clifficull ordinaoa: to put in to place. Bccausc. he ad\'iscd. one of
the things they find lbal is cxucmcly important with this is lbal wc do not want to have this kind of
ordinance ovcrtunled on legal IAdloicalilia He rcitcraled lbal they fcc1 it is imponanl to make sure Iha!
WC proccct the ncigbborbood's ialegrity and uphold the llalldalds of all citiz.cns aao&S the board.
Ultimately. in August. tbal ordinance was approval by Planning and Zoning and is scheduled for
coasidcralioo before Council as a Study Session item and a fina reading of the ordinance on September
20•. which is in two weeks . So Council will have the opportunity to sec what bas developed O\'er these
many months and provide commclll and fw1hcr dircctioo. The public bearings for lhcsc ordinances arc still
scheduled and the public can come and collllllCIII. So. he noted, then: will be plenty of opportunity for
public comment II is our goal to have this ordinaoa: in place by the end of the year. We believe. he said.
thal the currclll, existing zoaing ordinance does POI adcqualdy prot.ccl the cbancter and quality of our
neighbomoods and that is exactly why we began this procai. Whal we also sec is that we believe there
needs to be further invcstigalioo of this parlicuJar problem area. wbicb be thought the residents were here to
talk to Council about tonight. Director Simpson SlalCd they believe it is KIUally. perhaps. more lhan
simply a zoning ordinance rclacd issue and actually needs to be looked aa from a public nuisance
Slandpoint He said be believes thal the City Slaff' and the orpnizatioo arc moving in that direction and arc
looking into thaL He advised be would be available for questions.
(b) Dawn Davis said she bad some information packct.s to pass our 10 Council. She staled
she lives in the 3500 block of Soulh Corona Street . First. she said. she would like to !hank all of the
Council members, City officials and City employees she bas talked lo. Ms. Davis stated they have all been
very helpful to her in plhcriDg information. She, as part of a group of neighbors calling themselves
Citiz.cns Cooa:mcd About Group Living Facilities. is bcrc tonight to make Council aware of \'Cry serious
problems they arc having in the 3500 block of South Corona Street and the 3500 block of Soulh Ogden
Street. Ms. Davis staled thll ~ May of 1996 and Augllll of 1999 lherc have been 333 calls for
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Eapewood City COUDCil
Sepceaber 7, 1999
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servicz for die Ellglcwood Polwe Oepanment to die five addresses on South Corona Street calling
themselves Community Cares. She cmpbasiz.cd tbal she did say 333 calls for service. Community Cares is
a group living facility for troublc:d youth . These calls range from runaways and missing persons. to
assaulls. duals. juvenile with a knife. diSlWbanccs. figbu. loud noise, juvenile out of control. aiminal
mischic:f, aaempa at suicide and ooc al Ille latest, arson. M you can imagine, she said. we have several
concerns. Daily these youths arc congregating on our SlrCCI. on our alley and in front of our homes . U ndcr
age smoking is a huge problem bcrc. On coundcss occasions this bas led to arguments and fights in the
suea and alJcy . She oollllllCllled that ii is her wldcrstanding that these youths arc not permitted to smoke
oa the premises . We arc really fed up with the vile language used by these youths when they spill out into
our SlreCts smoking. she said. II appears that these youths arc allowed to do anything they want whenever
they want and proper supervision is non existent. She stated we arc fed up with these youths congregaung.
smoking. liacring, using foul language, not moving out of the SU-CCI to allow cars to pass. fighting and m
general acaling a public nuisance. Parting is another conccm Several limes I have seen people who have
business at this group living facility, drive by at least three open parking spaces in front of it.. tum around in
my driveway and intcnlionally park away from the facility on the opposite side of the street. Why don 't
these people want to park in Croat of Community Cares. she asked. On many occasion 's visitors to this
facility have parked in Croat al our driveways blocking us in or out.. Ms. Davis stated it appears that this
group living facility, as a whole. bas no n:spect or consideration for our neighborhood. property or
residents. She DOied that some al tbc:lc youths -physically large and intimidating. Some arc defiant and
most appear to have an attitude dial Ibey OWD lbe ncigbborbood. This bas led some al our neighbors to be
fearful of retalialioa by sbeddiD& ligbl cm thcle prablcml. b ha taken a lol al courage for each of us to
come forward and prclCDI tbc:lc problems to you . lbcrdorc, she said. I ask all al you to take these issues
very seriously. In cloling, she said, we. die "Citiz.cns Coac:aucd About Group Living Facilities." have
adopced a urn tolerance policy coaccrning thcle problems OD South Corona and South Odgen SIJCetS . Ms.
Davis advised tbal -have asked tbe Englewood police to adopl a zero tolcnncc policy and urge you. as
City officials and cmployeel, to joia m 111111 adopl a uro tolcralKlC policy for the City of Englewood.
Wdl clone, Council Member Bradsbaw said.
(c) William Fuchs said be lives at 3539 South Coroaa SlrCICt, which is directly to the south of
die Community Carcs Facility OD Corona. He llalCd lbal be pcnonally kept a log when it started. when
Ibey finl mowd in there. but be quit at 35 phoac calls to tbe police. He bas been in contact with the
Community Cara people and be bas tbcir phone number next to bis phone. Mr. Fuchs stated that he
COllladl them two times. or be lrics to dcpcDding on the severity of what is going on. he calls them up twice
before be even oolllaCIS the police. So be docs tty to deal with them neighbor to neighbor, he said. and Iha!
bas goam him no suc:c:css wbalsocver . Thcrc: arc cars spc:cding up and down the street and littering. He
nocal be sa,opcd up two sbovds full of cigarcttc butts in front his house just the other day . Swearing at he
and bis wife . He stated be considers lbal unacceptable, especially at his wife, that he can put up with a litde
bit al it.. Ms. Fuchs advised that be bas pcnooally been assaulted and his glasses broken. There: arc threats
and when be docs call tbe police, tbcrc is retaliation. His car bas been keyed, his windows have been
broken. He said be can't pnwe cxactJy who did it. but be bas a fairly good idea. He bas two dogs and he
bas caugbl k.ids throwing rocb and fircaadlcrs al bis dogs, poking them through the fence with sticks. just
teasing them. Mr. Fuchs noted be bas bad complaints, the police coming by because his dogs arc barking.
Well, be S1aled, that is why Ibey arc barking. because Ibey arc being teased constaDlly. The prior people
who lived in that building, be said. before the Community Cares Facility moved in. loved bis dogs, Ibey
were great waacbdop 10 have around the ncigbborbood and be never bad a problem. Mr. Fuchs noted the
graffiti started just afta Ibey moved in and ii is always afta the police have oome. OD bis inSligalioa, and
be is the only person who gets graffiti in the whole neighborhood . He said be bas painlcd bis shed IIIRlc
times . And tbco the vandalism, which be said be bas already mentioned. Mr. Fuchs Slated it is geniDg out
of control, ii is dcvaluating bis propc:rty . The k.ids arc out in the street, bis friends arc afraid to come over
to bis house. be said, and be can't sit out and mjoy a barbecue. II is becoming inlolerablc, be said, and be
just wanted to bring it to Council's allcntion.
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September 7, 1999 .. ,
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(d) James Coleman, ,320 Soulh Pennsylvania Street. said lhal. ironically . this kind of set the
stage for bis topic tonight ralhcr well. Tonight, be said. be was approaching City Council wilh some
questioal and c:oncerns in hope of seeking some jllSlificalioa ol the Council's actions. The actions of not
approving or -calling a second on the age reduction to nm for City Council. He stated that one
question be bas IOlligbl is why would the City Council of Englewood shoot down such a bill that would
help Englewood reach out to it's Gen X citiullS and make them fed a pan of the political commwlity?
Doing such, be SlalCd, can help close the large gcocration pp thal is very apparent bcrc in Englewood.
Secoad, when was the 1ut time a Council member approached or talked to a group of younger people and
dilCUIIOd the impHtaDcc ol Filing involved in the a>mmunity or -wting? Mr. Coleman advised that
be bas, siKc bis 1ut visit here and the oaly raponsc be recciwd blc:k -"why ... look what happened to
you when you approacbed Oty Council, they obviously don't care about our genention or what we have to
say." He said all be aJUld do was agree and assure them that bis expericocc in Colorado State government
and llllioaal pernmcm in Wasbinglon, D.C. shows that not all levds of our govemmenl are that way. He
explained that lowcriDg the qe limit to serve on City Council was an attempt to help make the Englewood
City Council, not oaly a liale more diverse, but more efficient in serving all of the oommwlity . Such a
dcc:ision sbould have and still should be left to the citiz.ens, be opined. But now the decision that is left up
to the CXIIIIIDUllity this Nowanber, is who is going to remain in office. Mr. Coleman said be bas faith tbal
the n:sidents ol Englewood will want someone who is going to respect their judgement and not dictate it h
is the people of £ai1cwooc1 who have the right to dictal.C the age limit. be said. He said be would rcall y
~e -fcedblct if• all poail>Je .
Council Member Ciazulia said lbe bad I comment and that is just what she bad kind of discussed
prmously. SIIC adviml thal 1be does not have any issues wilh the 21, excq,t thal she thinks perhaps be
should 1CnC on -ol our commiaecs, 10111C of our advisory committees so that be can get an
........., oldie City . SIIC commmtod that she IQli7.cs be -.it away for scbool. 11> be was gone out
of die IIMe far awllile ad lbe lllougbt dial if be -going IO be Wling oa lllCb iaa dial have taxes
allacbed to diem thal pcrllapl lie should be aware ol, or have bad rmt or aNtpF or taxca. tbinp tbM a 21
year old ... -lillcyou have bad all dlcK cxperimces. however, she tbillb tbal lie amts to lcaraa liaJe
-and pan ol thal is by terVing wilhin the City OD the advisory committees and WC always have
openings. twice a year for thole a>mmiaccs.
Mr. Colcmall l&Med it was ironic that she says that bccaulc be is 20 years old and be is a personal banker.
He said be bandlca people's finances, monpges every day. So, lie said. you don't have to be 25 to handle
tbosc: things . Ml. Grazulis DOied that is lrUc, and she abo ... -0, she said, she won 't go there now . but she
would speak to him aftCJWalds regarding something regarding that.
Mayor Burns advised that normally Council docs not a>IIUIICDl during this period of our agenda People
cx,me up and say what they want for the five minutes and then if Council bas a topic they want to pumic
they do it wilh staff or al a Scudy Session. Jllil so people undcnland lhal. be said, that nonnally they do not
have a dialogue al this point. because it is not pan ol their agenda to do so. Mayor Bums asked if anyone
OD Council bad a CXIIDDICDl DOW, as Ms . Grazulis bas made one .
Council Member Bnidsbaw llalcd she moved it Mr. Coleman acknowledged that be knows she did and be
apprcciales lhal.
Mayor Bumi advised Mr. Coleman thal Council apprecialcs him cx,ming and raising this issue again and be
was sun: it would be coming up before Qiuncil again. He said be thinb it is an interesting issue and an
impor1anl issue and they should probably readdress it sometime in the future .
Council Member Grazulis said she wanted to reiterate that she thinb that volunteering for lbcse advisory
a>mmiuccs, theR are many and we always have openings. that would be a sun: fire way of putting bis foot
in the door. She llalcd they are also imponant wilh their decisions.
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Septaaber 7, 1999
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Mr. Coleman thanked Council for their time.
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(e) Sue Peterson thanked Council for liSlcoiog. She advised thal she lives on lhc 3500 block
of South Corona in Englewood and she has lived in her home for three ycan. She Slated she is here tonight
to voice her CODCC1115 and problems that she has bad for the past three ycan in living on the same block as
Community Cares. Ms. Pclc:rsoo SlalCd that her primary job is al a kcnocl and every day she becomes very
frustralcd, because 99% of the dogs that she comes in colllacl with are totally out of control. And then she
realizes her anger should DOI be directed al the dogs, but al the owners who have failed to discipline them .
She said she finds, irooically, that she is in the exact same position in her home life. living in the same
block as Community Cares . A group of tccos who -to lack any form of supervision, discipline or rules
to live by. Ms. Petama SlalCd that she bclic\a every citu.cu is Clllided to come home after a bard days
work. park in front of their own home. spend time in their own yard. not fearing to have their animals
outside and get a good. rcsdW oigbls sleep. But. she said. living in this neighborhood. these pleasures and
necessities have become impossible. She said she can't tcll Council bow intimidating it is being a single
woman and seeing the following aaivitics going on. A IJOUP of mostly teen boys. loitering on the
sidewalk and stteet. smoking cipRUC after cigarcac. IUlllling up and down the street. getting into fights..
using profanities, kicking down the fence, puocbiog the mail box, breaking glass bottles. throughout the
day, the evening and into the bcd1imc hours. day after day, month after month and year after year. Ms.
Peterson said she docs DOI appreciale her driveway being blocked and on many occasions not having a
plaa: to park in fnlal of my own bomc. And. she said. she docsn 't llllderslaod bow things seem to get into
high gcar O\'CI' theR II 9:00 p.m. II aiglll. the time she goes to bed, because she has to awaken al 5:00 a .m.
She said she is rally tired of lOCIII who, by all aa:ounts. seem to be UDSUpcrvised, many times obviously
out of coolrOI, clclerminillg her lifalylc. the quality of her life ... bow much sleep she gets. how much litter
is in her yard. when she can enjoy a day or an cvcoiog outside with her dogs and feel safe. Ms . Peterson
said she bas liwd this way for lbrec years and sbc docs DOI intend to live like this any longer. She stated
she wants to gct her life back. She tbmked Council for their ancotioo.
(f) Darla Reisb aid she lives in the 3 SOO block of South Corona. She advised thaa when
they firsl looked al 1beir aie in OClobcr of I 99S theR was no indication that the IOWDhomcs future use
would be any dill"crclll Iba wbll it -al lbll time. During a later drivcby of their future home , they
noticed a 7.oaiD& lip in die yud al die '°"1lllaalm. llbc llid. 111d wbm they welll back a week laler to get
the bearing inf011111lioa die sip -gone . Ma. Reisb advised they moved in, in Dcccmbcr of 1995. and
approximalcly six a.lbs laler they noticed a IICYCl'C iDaeue of lCCDS OD the propCl1y . In the fall of 1996
they n,c;ciwd a IClas inviting diem to a Ncipborbood Walch meeting and when they arrived al the meeting
they lcamcd thal the real purpoae -to dilcua problems residents. both OD C«ooa and Ogden, were
experiencing with these tccos. In thal short ol a period of time the police bad already been called several
times 111d rcsidcDls were bocomiD& iDcrcuingly aiaccmed Uld frustrated. Ms. Rcisb said thal although
they bad only cxpci icaced miisw:c problcma of i.ocrcuc,d liacr in their yard and increased parking
coogcstioo, many neighbors were dcalillg with far 1li0'1C problems. Dr. Louis Bruno spoke to them trying
to dilJusc upset rcsidcots. explaining the purpose of Community Cares and assuring them that they were
actually the oocs in CODlrOI al the facility . As cxplaiDcd by Dr. Bruno. bis facility serves the purpose of a
halfway point bctwcco thcsc troubled and IIIClllally ill tccos being released from an institution and then
being released back to their families and society . She said thal according to Dr. Bruno, Community Cares
would teach thcsc ICCDS bow to fit in and function in a community, they would involve them and teach
them bow to trca1 others. Dr. Bruno exampled some of the rules the ICCDS must function under. She said
they bad to earn privilcp. the pivilcgc to leave the grounds UDSUpcrvised. a group could not leave the
facility or the grounds uosupcrvised. Ms. Rcisb advised that he funher Slated that these properties were so
well maiDlaioed thal they aaually iDcreafcd the value of surrounding properties. She Slated she has seen
oonc of this to be true. She DOied that as Dr. Bruno explained these teens ' problems and mental illnesses
they were initially paoickcd. because she is a suong advocate that our children need and deserve all the
help they can gct from society, when the puau an:o't in control. And, she said, they were willing to be
open minded and supponive. Ma. Rcisb Slated that time bas proven that oothiog presented by Dr. Bruno
came to be. She maiDlaioed that problems with the facility have DOI only oootinucd, but worscocd . From
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September 7, 1999
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what she has wimcsscd, the only people in control are the teens. Parking. littering. obsc,ene language.
fighting and c:oogrcgalion in the 5IJ'eet, noise and smoking have been their biggest compla.inls. she said . On
one oa:asion. after coming home for several days and finding a large Subwbao parked in front of their
home in such a way that no room was left for them to park, she tried lo reach Dr . Bruno. Her call was
returned by Paul Schmitz, the program director. He met her oulSide her home to discuss !his and otber
problems. She advised lhal. as she told Mr. Schmitz. Dr. Bruno plll a business. a business Iha! demands
plellly of parking. in a residential neighborhood wilh limited parking. So his businesses is using !he fronl
of their homes as his parting lot. she said. Yes. she DOied. ii is a public S1J'CCl, but !he residenlS should have
the right and ability to part in front of !heir own home when they come home from won.. as well as no1
have lo wonder, every day, about some suange vehicle and where it came from Especially, she pointed
out, when you look clown • the facility and no cars are parted in fro111 of il She said Iha! Mr. Schmitz
response to her was thal many of the counsclon don 'I want to part clown lhcrc. because they are afraid
their vehicles are going to be targeta:d by the kids . Ms. Rcish staled she asked him 10 think aboul what he
just said to her and what that says to her as a resident, that DO mailer what happens, don ·1 say anything 10
these ICell5 because they will l'Clalialc . She feels that way now, she said. speaking in front of Council Iha!
she and her family. her home and her property are • risk. should she say or do anything against lhcsc teens .
Since Dr. Bruno has not taken any SlcpS to cosurc the containmelll of these tecos inside the facility or iis
grounds day or nigbl. her home is at their~ , she said. Ms. Rcish advised Iha! she bas witnessed Kerry
Golden walking • out of cootrol leen clown the block, which means !hey get to hear !hem yell. scream and
cuss their anger. On several occasions, while working in !heir yard. teens have walked down the Sln:CL
trealiog she and ha' family to a very colorful coovcrsalioa. with every other word being the f word . She
said she 1w bom approached by them asking for cipreues and on owoerous oa:asioos have had them
5laDd in the middle of the 5IJ'eet, barely moving. while they look al them wilh disdain. when trying to drive
down the street. She said she wau:bed a van load of them come clown the street and as it reached the
facility. befon: it came to a stop, the doors bunt open and -ai of the teens jumped from the moving
fflliclcs . Ms. Rcisb llaled she did DOI willlell any response from the driver. She said she has walChcd
leCDS smoking oa the sidewalk, then take off up the 5IJ'eet, appaRlllly occding no ones permission to do so .
We bavc had 10 lillm to loud music, yelling. c:ussiog, fighting and having continual police presence. she
said. She sees no n:al supervision. control or discipline. In her view, she said. these kids have no chores or
responsibilities. exoepl to hang out on fences. streets and other people· s property smoking. Ms. Rcish said
she bu even wilDeslied staft". llaDding on the sidewalk, smoking with the leeos. She Slated !hat lhesc
bappc:nings have gone beyond nuisances to problems. problems !hat occur continually and every day .
problems !hat inflict on her righlS and aff'ctl her quality of living and feeling or security within her home
(g) Anita J. staled !hat she lives in the 3SOO block of South Ogden and her overhead garage 1s
din:ctly behind the Community Cares facility. She said it is like they have turned her backyard. drivewa)I .
the area around her car and part of ha' backyard into a smoking hangout room . Repeated n,qucsts for them
to stay off her propcny and out of ha' driveway are met with being called names she would noc n:pea1 to
Council and having rocks burled • ha'. She advised tbal the youths literally stand behind her vehicle in her
driveway and will not let her back OUl When she comes home alooe • ni~ they are standing there . One
night, coming home, a group of them, literally sunouodcd ha' car and she could not go forward or
backward. She said she nicely rolled clown her window and asked !hat they pleue move so she could go
in . They then all picked up a handful of rocks and burled them al her car. Every time she lrics to approach
them. she said. she is intimida!Cd. they do scare ha'. At a recent ocigbborbood meeting wilh the police
officer she talked about some of ha' safety problems and be advised her 10 be very carcf'ul even calling the
police . He said "you might want to think twice, retaliation is a n:al coaa:rn for you ." She advised !hat be
!Oki her "we cannot be around. we cannot proleCt you all the time, think t1l'icc befon: you call us ." So, she
said. she does and that also makes her feel unsafe. One time she bad ha' pra,e door open, she was
sweeping out the garage Ooor. She said she had the garage open becaule of the dull it acalel. One young
man from the f'acility came into her garage and cornered her agaiosl a wall. Sbe said she lricd to Slay in
control of the situation. asked him repcaledly to leave. ordered him to leave and be dido 't budge . Finally
one of the oeigbbon going clown the alley, saw what was happening and stopped and offered her
assistaocc . She said as soon as be saw lhcrc were wilDCSSCS be rclR:aled . She emphasized she is very
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~ca.lier 7, 1999
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afraid every time she takes her trash out, every time sbe leaves her house. every time she comes back ... day
or night. ii docsn'I mailer. They are bollilc, they are nade . Oac of the men IIIDding in the driveway 1old
her "I am here bccaullc I bcal my girlfiimd in the face. keep thal in mind." So. she said. she always feels
like she is being imirnidaccd Widlin one week four animals on her side of Ogden were poisoned. her dog
was one o( them. After much lherapy and inlmSive lre:almCDt be did survive . three of the other animals of
other people did not. She said she would like to sec the c:ouosclon stop smoking v.ilh lhc kids ou1 in our
yards and our driveways and alleys . II seems to give them an opening to fccl safe to do so . She said she
would like to sec the kids wear some lypC of identification. a badge . so they don 't feel that they arc just a
oamdcss gang barusing us . If pivacy is an issue, she suggcsud they pidt a Disney characler name . Just
something that they know and they can report to the police or the c:ouosclon. "bey Mike just tbrcaleocd me
again." She said she would abo like to sec a ban of them smoking and a no tolerance issue . The policeman
thal spoke v.ith tbcrn said 11111 if particular police officen would adopt a no 1ole11111CC issue on lhcir own.
lhal they could be called in by a superior and asked why lhcy arc hassling lhosc kids. Bui he said if the
Council would help dcvdop a no tolClllllCC silUalion for the City . tbcn every police officer would have to do
that. tbal any instaocc oftrespasSing, smoking, cussing ... any law brokeo ... aoy police officer would then
have to write up a summons. ticket them and follow up on that without our names be ing in volved. -..i thout
us having fear of retaliation and then to make them feel responsible that they need to stop. She commcnicd
that she is a taxpayer. she keeps a nice home and she would like to feel safe. She would like to use her yard
and be able to take out the trash, go to 7-Eleveo -..ithout fear of thn:ats and just enjoy her home . She
thanked Council.
(h) Cheryl Hilker advilcd that she also lives in the 3.500 block of South Corona and she is
unfortunate enough to live dirClcdy aaou from where they smoke . She said sbe opens her frool door. there
they arc. she looks out her door at 10:00 al night. there they are, 6 :30 in the IIIOl'oiDg when she wakes up
and wbalcvcr time slle come home, thcre they an:. She oom-«'ld that it makes 1111 diffcrencc what the
weather is. tbal slle bu scco tbcrn out tbere and buckds oC rain at: coming down ad they are smoking
Wider the tree. She said she bu scco them OUl there in blizl.ards, hczia& aJld ~ sbons, tbal they arc
out there continually all clay long. She gclS up in the middle of the night._...,. walu:a her up. 11:00,
and she looks out and they are OUI there smoking. It is a COlllinual problem. Ma. Hilker llaled she has
called Community Cares before, bid a fricad come over ... she is fortunatc enough dial she can part in her
alley ... and she weal out there ad there -c:iprcac bulls all over . She said sllc barely gcu out to get her
mail. that she doesn't want to spead time in her frolll yard. she docsn •t WIDl to do yard wort . Why, she
asked. Because sllc has four to six leCIII out there just siaiog there smoking and Slaring, directl y in frolll of
her. She advised Ille lived there when they first moved in. that Ille was there when we first had lhcsc
discussions about it. Ms. Hillu:r maiM•iocd that everything thel has been said is bUC . She said she is a
Federal employee and if slle beard thoac things at wort it would be , mailer of sexual harassme111. Ms.
Hilker stated she does DOC put up with that lilllfr in her personal life. but when she comes home . she gets to
hear it. to sec it ... lllc has had roam fnail thrown in her mailbox . She said she docs DOI want to li ve like
this. but slle lives dirClcdy acroa from them and these issues have onl y gotten wonc in lhc ycan they have
been there. She poinlcd out you cton ·t know who the counsclon arc. venus who lhc people that are th ere
trying to get help. Ms. Hilker said she was oul working in her yard and these kids just let loose a string of
blue words. ooc rigbl after aoochcr. You try DOI to react to thal and al some point she said she went like this
and she turned to the kid and Slid Mcool lhc language." But, Ms. Hilker asked. bow much do they have to
take. She Slid she can never part in from of her house. tbal these people think they have trouble, she has a
big tree in front oC her house and everyone wants to part in the shade in the summertime. She said she has
parking in the beck and her friends can't put, they park in the beck behind her . It is a continual problem,
nothing seems to wort . She said she has only called once or twice and you call and ii is like "yeah." She
said tbal is about it and that is all sbe bu to say.
(i) Kerry Goldca, the Clinical Director of the residcotial lrealDlcDl CCIII.er al 3 SJ l South
Corona Street and Paul Sdunitz. the Propam Director for Community Cares Rcsidcolial Trcauncnt Center,
inb'Oduccd themselves . Mr. Goldal advised Council that they are wry. wry iJllaCSlcd in having dialogue
such as this and having our oeigbbon come in to talk v.ith us . He llalOd they an: working with kids lhat
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September 7, 1999
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have severe emotional problems. A lot of them have been in jail a lot of them ha\·e been in other
placcmeals as weU and in some ways. when we look at their behaviors we have to undcl'SWld tha1 these are
the kids of today and the gCIICllllions of IOmorrow . That wc are attempting IO do something that is very .
very difficult. We arc aaempt.ing IO provide a warm, nunuring environment for kids that in the past. have
not bad a warm. nurturing cnvironmcnt growing up . They arc very. very angry. he acknowledged. and they
do have chronic: and pcrsis&cat IDClllal illncsscs and many of them arc on medications. These arc kids Iha!..
prior IO programs like Community Cares. have logged many, many months and years in Stale hospitals and
other various facilities and inlliu.ions. By no means, Mr. Golden advised. do we think that wc have a
handle on cvaything 1h11 is ,oing OD and thcre arc incidents tbal bappcu tbal we arc never informed about.
He said be feels a lialc bit disappoinled dill people have fdl they bad to come to this fonun hen: to address
these cooccms. Bocaule, be llid. be believes they have always said and ha\·e backed that up. by saying
they arc very Ulla'elled in liviDg in the aJllllllllllity, working in the community and these arc the kinds of
ICS&Ons and the kinds o( CIMRIIIIIICIIII dill these kids need IO learn to grow up in . These arc normalized
living silUalions . He llatal they suugglc with a lot of the same things tbal our community struggles wilh .
Mr. Goldm opined lhll oae of the ways we can address this and help the c:hildrm. help the kids. mainlain a
community, is for all o( us to wort togcdler. We have inviled community members many times to come to
our community meetings, be said. and we have people from the community come in and sit in on
community meetings and address these kinds of things and get IO know the kids on a personal basis . Mr .
Golden said he undr:rslands there is a lot of fear and a lot of trepidation and be would like 10 be able to
address that and 11Dp those kinds of things . He poinled out these kids arc kids Iha!.. in many wa y. have been
wronged by socicly or by just growing up and we arc aacmpting to help them dcvdop a life tha1 is nonnal .
like most of us have grown up with. And aacmpting IO help them learn to be proper ciliz.cns in society . He
noted that is a very difficult task. He SlalCd that be wanled to correct some of the things that have been
said. We do have a professional saatrtbcrc 24 hours a day, our Slaffing ratio is about four kKls to one staff.
which is well within the limils tbal the residcatial 1RalJDClll CCIII.CB of Colorado have asked them to do. be
said. They have psychillrisls there, they have a psychialrut that is thcl'c four days a week. medications arc
IIIIIIUl.ond 1111 a daily basis and they have a iqilla'ed nunc thcre five days a week. He cmphasiud that
these arc very, very difficult silllllioal and very difficult c:hildrm IO deal with. And again. be said. our
inlcnlion is DOl lO Cl'Cllc a bad name for the community or a black eye for the community. it is to teach the
kids that arc there bow to live within the a,mmunity. And, be said. be believes that everybody here tonight
can be helpful with that ICSliOo and in having a dialogue with these kids.
Mr. Schmitz said be apprccialCd this opportunity and as program director be apologized for the issues the
residents brought up. 1bc way this all c;amc about, be said, was that Friday morning. about 11 :JO. he
received a call from the Denver Post. with no prior contact from the community. He said he has just taken
one and a half pages of notes of list of issues and be has nooc of these piec:cs of informalion accessible IO
him. He swccl they have bcco illlcracling weekly with the lmpacl Team since the program opened. It is
interesting to him. be said. that about four IIIOlllhs ago, the Impact T cam dropped back IO maybe twice a
month. He was a,ncaucd about tbal and be talked IO officers Doug and Sherri. be said be would go by that
because that is the way be mows them. Mr. Schmitz advised tbal they bad said there was a pending.
possible buildup of changes in zoning issues berc and be is bearing that berc tonight. January I was
mentioned. Mr. Schmitz expressed bis conccm that wc arc in this kind of venue to do lhcsc kind of issues .
which arc really between human beings and political systems. We do have kids that arc severely .
emotionally disabled, but he knows from talking to community leaders throughout this
community ... somebody brought up the issue of animal poisoning and, be said. he knows there arc a
number of neighbors households were animal poisoning has occurred, but they have not occurred in their
facility . In fact. be said, some of the police department folks have talked to him about that Mr. Sclunitz
said be thinks it is a risky silllllion for them to come berc wilbout legal counsel, since they appeared inside
a major DCW5plpCf berc in the area. tbal they did that from a place of trust, that is what is imponant to us
hen:. He said they talked IO Dr. Bnmo today and be advised that they go to the meeting and offer an open
door to comm11oica1c with everybody, with the community at large, with the neighbors. Mr. Schmitz said,
as Program Dwctor, be did mcc1 with the woman in the blue sport coal once and that is the lasl phone call
he bad from the community as an issue. He said be also receives a list every week or every month,
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September 7, 1999
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depcncling oa lbe illlcality of lbe rcpons from lbe police, the lmpia Team. He advised be reviewed those
rcpoctS ..a in lbe ._ four_. tbcn: have been no public complaint rcpoctS. So, be said. be thinks we
have IO ICl aft" lbe ima tbal were bruugbt up hen:, with emotion. and incidents that go across three years ,
IO the ... year. He aid it is bis cxpcricnc,e that they just passed their stalewide audit. with the child
welfare people. with the bipcst rniew they have ever received. Mr. Sclunitz acknowledged they had a
very aeriou1., critical incidcnl bcn: ill one of their other programs and that was audiled and they were
oompletdy cxoaaaled of any negligeoce in that situalion. He said he would like IO present something to
everybody IO think alloul ... the bus company is paying $11 .56 a hour for their starting bus driver and we
pay $9 .00 a llour for -BA a.ting person. who usually bas an honors in history for their psychology
prapaa. He empheeized dial we occd IO work as a community and, be poinled out. your kids are coming
towanll -prapaa ... lbey may 11111 come from your particular house, but many of the kids come from
Eaglcwood. So, be llnilled. ancbow, as a community, we have IO wort iogetbcr IO balance those issues
out. He emplwized lbey can't be bad kids, they are not bad kids. The kids at Columbine were bad, kids in
other litulliaa bave beCII bad ... tbcn: is -bigger picture WC have IO look al IOgetbcr. So. be Staled. WC
-bcR, awilablc ad nady IO do 11111 •.. for the Council and for the Ciiy. He said if they occd his pager
lUllller or ldepbaae aaber, lbey can bave that again.
There was -dialogue._ Mr. Schmitz and members of the audience. Mr. Sclunitz asked Council
iftbal was appoplille. Mayor Buras aid 11111 rally. Usually, be said. as be mentioned before, you make a
sta1a11a11 and tbil ~ be i-,cn&ed illlo what our Slaff" is doing. investigating as far as what we are
doing and tbil ~ -i.:t ID Cola:il cm lbe 20"'. Mayor Burns aid be tbinu they have a lot of
<X111Crm1 en. wi. lbey uve 1an1 IOlligbL Wby an eaablisbmaM like theirs is rigbl next 1a lbc homes or
the a-,e citmn. Mayor a.. poilltlld out 11111 they described tbemselvcs. their clien&cle ... it is a very
tough siblllioa. very clifflaalt people to Mlk witb. It appears. be noted. that it is spilling out into the
Dcigllborhaod ... Cwil • ID laa • tllil al take m kind of responsibility IO help our citiz.ens IOO .
He opiDad it ii a..,._ of : a •nic#icw • wllal our llall" bas told us arc the legal issues involved and
... M CU clo Ill pnlllCI --c:ilima.
Mr. Schmitz aid be ...._. tbal al be asked. jusl u a counay IO both sides and it would be helpful.
if they could i-from oae oftbc Cily's llaff and 11111 the press. iftbcn: is an issue . Mayor Bums IIOled
Ibey canllOI COIIIIOI the praa. Mr. Sc:bmitz auga&ed the City migbl call them first if they have an issue.
bccaule be is open to tblL He asked tbal tbcy please do lhal.
Council Member Nabholz 1111111d it WU her undel'llanding that they tried IO call him .
Council Member Bnldsbaw advillld tbal sbe apokc with lbe press also and explained that she feels it is pan
of her job as • decled official to be l'llpllaive. Sbe poiDted out sbe was the one on Council thal raised
the issue of group homa ill Eqlcwood. Not lllll sbe doan 't want us to do our fair share, she said. but she
thinks we are cloiDg way -tlla our fair 11111ft iD lbe mevo -and that is why we are running this
tbrougb Planning and Zoning .
Council Member Nabholz COIIIIIIClllal tbal sbe bas had problems the last few years with group homes and
everything dse. So, she said, sbe would rally encounge the rest of Council IO get on board with this and
move forward and do lbe best we can.
Mayor Bums commeDICd that be is allO alllCCl1led. thal this area is in bis District. and be has talked to
Dawn Davis, Ibey have exchanged phone Cills and messages several times and it is a real issue of conccm.
He opined communicatioa is a key but, • be said, we have to look at wbal our responsibilities are, as
Council members, to our c:itmal, allO . So, be a.od. Council really appreciates Mr. Schmitz and Mr.
Golden coming toaigbl to give lbeir lidc of the IIOI)' and being as candid as be thinks they have been . He
noted, as be said, our ltd" ~ follow up lllll we will accumulale DIOR information before we address this
maacr funbcr at lbe Study Sasion on lbe 20"'.
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Mr. Golden said they would request, if possible, to be available to Council to consult with them regarding
what goes OD in the facility and whal kinds of children are there and how to best teach them to live in a
community. such as the one that we have. And. Ms. Bradshaw noted. that is their job. Mr. Golden said yes
it is and they take thaljob very seriously.
(i) John Loss advised be is with Miller Weingarten and. as they know Miller Weingarten
has a deadline of September 30-to come to the City seeking approval of a plan for CityCentcr Englewood.
In that regard, one of the primary objectives al this point is to find a replacement residential developer for
Forest City. He Slalcd they have been mccting with a number of residential developers and they arc very
excited as there is a large dcgrcc of interest. Specifically in that regard. be said. they have invited four
di.lferclll residential ~lopcrs to come to tonight's meeting and speak. essentially, to their.capabilities.
their cxpcricDcc with projcc:ls similar to this and, very importantly, to describe their excitement and interest
in this projcc:l. Mr. Loss swed their ovcrall goal is to make sure City Council is aware of this encouraging
bit of information related to the level of interest and then to work closely "'ith the City staff in the next
week to get to a rccommcndcd rcsidcDlial devdopcr thal they can team up with and meet the September
30• deadline. He advised that the four groups tbal would like to speak to Council tonighl in the order the y
will speak. are Fairfield Residential , Legacy, Black Creek and Trammel Crow Residential .
(k) Craig Carlson, rcprcscnting Fairfield Residential, advised they are headquartered in San
Diego, California and their office bcrc in Denver bas been in existence and operation since 1992 . Their
address bcrc in Denver is 5670 Gaeeawood Plua Boulevard, Suite 400, Englewood, Colorado. He stated..
as of the end of 1998, Fairfield is the IIOCOlld largal luxury rcsidcmial apanment developer in the United
Stares. In 1998 they completed 10,256 uai&I. Moll oltlae apartmcnt homes were located in communities
such as Englewood, a lot o( subwtllll ncigllborlloods and a lot of office parks. Mr. Carlson noted they are
primarily in the luxwy range and they havc COlllplClal cigbt projcc:ls in the Denver Metropolitan area.
Cunmlly. they have two projccls lllldcr COIIIIIUaioa 111d duec or four other projcc:ls about to break ground.
He said one o( the CUl'l'Clll projccls they havc lllllicr CXIIIIIIUClion is localed acn111 from Polo Rcscrvc on
Minelal just off of Plaae Canyon 111d the adlcr project is localed in the Highlands Ranch Towne Center.
He noccd the other project they may havc -. that Fairfield bas COIISIIUdal since they became involved in
the Denver metropolitan area, is the Deer CRClt Apanmcou • 1·2' and 225 in the OTC west area. Mr.
Carlson swed they arc excited about the pnllpOC1 and pcmibility of being involved with Miller Weingartcn
and the City, with the residelllial compoaclll for the Cinderella City rehab and wban renewal project .
Council Member Bradshaw advised it is DOI wban renewal . Mayor Bums explained that it is not urban
renewal in the traditional sense. Mr. Carlson said he was sorry, be should not have used that phrase .
Mayor Bums said it is a rcdcvclopment. Mr. Carlson e,cplained they ha,·e been involved in other similar
projects in terms of rcvitalmng communities and neighborhoods. He said they are working with the City
of Arvada right now OD a similar projcc:l. And again. be IIOlcd. they arc involved in the Highlands Ranch
Town Center. Their firm has had extensive history in developing similar projects in urban infill areas and
rcvitalwng thole areas. In addition to new collSUUCtion, new development. Fairfield recently, in the last
~-cral years. bas acquired approximately 8 ,000 units and repositioned those units and brought them back
up to 1990's project standards and architcx:tural fcaturcs. Mr. Carlson staled they are excited to be involved
and their company, as well as being one of the largest privately held residential development companies.
has a minority panncr, Morgan Stanley. They definitely have the financial capability and wherewithal to
be involved in this project and. he said, they look forward to doing so. He noted be left one of their
corporatc overview brochures, which goes into more detail . Mr. Carlson stated they look forward to
working with City Council, City staff and. potentially, Miller Weingarten .
Mayor Bums noccd one of the Council members asked a question . He said. as Mr. Carlson may know. that
under the original design some retail was also planned along with the residential, indeed, under the
residential. Mayor Burns asked if they do any retail or if that is pan of their plan. Mr. Carlson advised
they have done retail, thal they have had cxpcricncc in incorporating retail oomponents in their residential
projccts. It is something they would definitely entcnain, he said, and wort with the City to achieve your
goals and ours .
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Council Member Bradshaw ukcd if Ibey build '"for sale" projects . Mr . C.artson advised Ibey build "for
sale" allo. thal lbeir pmdoroimnf illla'ell right here is for a lallal community, luxwy housing community.
He aid Ibey build '"for sale" <lOIIIIIIUlliliel, also, and linglc family, golf counc dcvelopmcnt, office
CXIIIIUIIClioa, a lilllc bi! ol everything. So, be pointed out. Ibey are a very divene orgaoi2.alioo. Mr.
c.lDI opined !bey arc fairly talcalCld and crcalive wbco ii comes ID special projects aod unique projects,
such• Eoglcwood's. He DOied Ibey have hired ID an:hilCC!ulal firm !O assist !hem with !his project . Most
ra:endy, be said. Ibey have been iowlvcd jg the design an:hilCC!ulal productioo for the Palace Lofts io
lower down!own, the lofts above the Cbop House jg lower downtown, next to Coors Field, aod the Flower
Mill rmoYllioa, right olf l-2S and 2~ Street. So, be cmpbasizol, Ibey have a very crcative, rcsourccful
ICllll and Ibey look forward to worting with the City .
0) Mike 1.odlDcr advilcd be was with Legacy Panocrs bcrc jg Denver and, as Council may
remember, Ibey ftft: iowlvcd jg the initial IClectioo process aod Ibey were jg !he final two when Forest
City -ldc:c:tcd. He aid Ibey have beeD iowlvcd jg !his project for some time and Ibey are slil1 as
excited about it today U Ibey have ever been. He llid be did DOI !hiok be bad ID go iolo I loc of lbeir
capabilities, bu! be waot.ed to point OUI, bowevcr, thal Ibey have bcco jg Denver. buildiog aod managing
sua:cssful residential communities since 1978. Mr. l.ocllncr DOied be is a founh gcneration Denver native
aod be bas been widl the compuy fifteen years aod bas personally developed about S.000 units in fifteen
projects. He poilml INlt Iha! Ibey have about S l 2S millioo worth of residential development under
CODIUUClioo in the Deaver mdropOlilall area today. He opined that will assist the pricing Ibey can deliver
oo !his project and gives them a hue ol quality people Ibey can iocorpoqlc jg1D the problem solving and
crcalive needs of !his project. Mr. 1.odlDcr DOied Ibey have built a lisbt rail TOD type project in San Jose.
tbrougb a similar sdcctioo process iovolviog the City of Sao Jose . He SlalCd Ibey bad !heir financing
l*1DCr as part ol !his proju:!. iDilillly prqarcd to speak. aod Ibey are llill very illlCRlled i.o the project. He
explained Ibey haw I blckup DIICe if; for WMIC\'a' rcaam. ~~be -side -email here.
Ra!bcr !hao foc:usiDg oo dlOle Clplbililiel, be aid. be ~ like to jul! IDUCll ma '1IIUplc ol-!bat be
!hougbt 1l'Cft: imponall! jg Woflbeir Cli0'4 ma for !he Ide. He aid be ....... die OUldoor
pavilioa. lllllll imponandy, wllal 11111 ca become. is ....... ins Ibey arc very cxcilDd abouL Mr . Zodlner
empbalized Ibey arc DOI jul! • INII ol w pnipeny developer or -..,. 11111 CIOllacll tbc l'Clll llld pays
the bills and Wlill far the 111111 ID ID up. He aid be dliakl Ibey Miil 10 be very ilMlhed jg !he
community, very involved jg aatiD& culbnl IC!ivilica, art fairs ... lhiop Iba arc p111 to enbaocc the
lifcS!yle for our rcsidco!s and for !his Clllirc dislricl He aid the design and COllllnlclioa is just a piece of
what Ibey do . ffe aid be !biob Iba ii ID -Ibey arc very excited about. ffe opiDcd Iba !he lllliquc
rcla!ioaship Iba! this project will mjoy widl the City, Cl'Cl!CI -benefits and 101DC prcdic:lllbility with
respect to the Cll!idemau process and Iha! worting !brougli ima and problem solving. They have eojoycd
a good rcla!ioosbip with !he 11d', be aid. 111d be tbougb! Iba! mn ol collabora!ive problem so1viog is
going to be very imponao! ID make this project !he succas that everyone here hopes it can be. With that
be said, he would be hippy to -ID)' questioos.
Council Member Bradshaw comDICD!cd thal ii was very Dice to sec him again.
Council Member Habcoicb! ukcd ifbe would address the retail issue .
Mayor Bums asked if be would answer the retail question Iha! was asked previously . Mr. Zoellner stated
the retail is somc!hiog Ibey do, !hey have several projects and they shared some slides and pictures in their
original proposal . He DOied Iba maoy of the projects they have dooc around the counuy , including
iocorporatiog rctail jg the design. They have some ideas about bow that can wort even more successfully
!hao perhaps it -origioally displayed. Mr. 1.odlDcr aid if they will remember be -the ooc with the
slides from Mimer Part originally, jg ICnDI ol what Iba! paik can look like. He DOied lhll a lot ol !hose
ideal, and DOI thal be crcaled lbole ideal, bu! Ibey have shared that visioa for rctail for IOIIIC!imc 111d slil1
belicvc ii to be a good solution today. With respect to the "for sale" compooml ol the proju:!. Ibey thiok
there arc cenain ponioas oltbc lire Iha! lend tbcmlelvcs to '"for sale" more !baa otbcn. He DOied Ibey haw
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shared some of those ideas with some people and as long as the structure: of the conuact is acccplable to the
City and to them. they would be willing to eowtain building some "for sale" housing here.
(m) Matthew Bloomberg advised be is a partner with Black Creek Capital and wilh him this
evening is bis partncr and blocber John Bloomberg. as well as Man James. who rcccnll y joined them. He
Slaled that Black Creek is a Denver based company nwtaged by four principal partners ,,.;lh over 50 years
of coUective rcal cstalC expcricnce. Within their group, be said. they have significa111 construction and
development expertise, as well as financing and transaction expertise. In fact. he said. prior 10 lheir
affiliations with Black erect, the panners have bad involvement \\ith hundreds of projects. totall y billions
of dollars. Mr. Bloomberg said that before be speaks specifically regarding their cxpcnisc. he wanted to
bricOy mcnlioo some ol the IIIU'Clalcd aspeclS of their group . As far as non real cstatc activities go. they
own and opcralC Dmvcr's Yellow Cab Taxi Company and the Super Shllllle. They own a controlling
intcrcst in a l'Clail change called Juice Stop and they have a $60 million SPIC, which is a Small Business
IJl\'CSlmclll Company. He Slated they arc also one of the largest U.S. iDdustrial developers in Mexico. wilh
17 projects currclllly undaway. However, be advised, their primary focus is here in the Denver metro area
Until rcccndy, be said, they .ere oac of the largest Wldowncrs in the south metro area. wilh over 3300
acres of developments. Mr. Bloomberg said that the reason be mentioned this is because perhaps it would
be of inlCRSl to Council tbal they just sold one of their master planned communities to Forest City . They
have developed 311/J/or rcnovaud 12 apanmcnt projects totaling 2,000 units in Denver. They O\\n their
own construction oompany, be noted. which aside from providing cost savings, it helps them maintain
control over the time it lllies to build a pn,jecL In tams ol a '"for sale" project, be said, they do DIil have
any projects undcr-y at the -.em, bowever they previously coovcrled four different apuunc111 projects
in Denver to coadomini.-, l1l'O wbich Mre bigb rise . Mr. Bloomberg Slalal they also have retail
experience and dcvdoped and cunmdy owa several l'Clail CCDleJS here. In fact. be noted. bis blocber John
Bloomberg -previously praidcat ol oac of the largest a>mmunity shopping center companies in the
aalion. He cmpbni1*111111-impllnaa. tlat their l'CIWIIC olprojec:ts. is their current focus and
pbilompby. 1brac years ap, llc aplaiDed. tbcy .ere like any Olber mul&i family developer, in lhat they
tailed iDvator oquity, built a project ud dim IOld it for a quick rccuru. In fact, • that time. they controlled
a lalF publicly traded llock and they IOld dial Clllity and it is now a billion dollar company . Three years
ago , be staled. they made a stnlqic decision about our multi-family and mixed use projccts . Instead of
taking the pa&h ol building -and -pn,pcrticl. we choac to lake the pa&h of building fewer
propcnics. building them with their own money and then owning those projects themselves for the long
term. He maintaioed tbal is imponaal. became if you know you arc going to own a project for JO or fifteen
years. you arc going to take 11101e time. money and clJon to build a bcucr and morc aaractive project . He
said be would like to i.DlroduclC Mall James, bis background is thal he was with GMAC Commercial
Mongagc and Silver Stale Finance, where be ananged debt and equity financing for over 150 million
mul&i-family projects. Mr. James' spec:iali:zatioa is with regard to redevelopment projects. he was involved
in three bistoric rehab prujects downlOwn, U -0 U a mixed 111C and mixed income housing project. Mr.
Bloomberg said, DIil to be redundant with the odlcr people bcrc. but they arc also very. very excited about
this project. They think it is a showcase for mixed 111C redevelopment and for them. the residential
component combines areas ol their cxpcnise ... rental, '"for sale" and l'Clail ... that they arc very excited
about, be said. He Slalal they arc wc1I poilcd to lake on Ibis project, in fact his brother only lives about a
mile away from here and they would kl\'e to be involved in the redevelopment and fccl they could
contribute something that we would all be proud of. He asked ifbe could answer any questions .
Mayor Bwns noted be covered all of their issues .
(n) Scott McFadden advised be is the division panncr for the Mountain Slalcs Division of
Trammell Crow Residential here in Denver. He said that, being passed out to Council right now is a small
prcsental.ion packet. wbic:h will explain and have some details about their company's capabilities, which he
would go over rcal bridly here. TCR is one of the largest multi-family dcvdopcrs in the country . They
have developed over a 140,000 multi-family units OYCr the past 25 years . They arc a fully inlCgraacd.
multi -family and real cstatc dcvdopcr opcralOr. 1bcy have their own coDSlJUction company . he said. and
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Eapewood City Couacil
Sepaember 7, 1999
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their own propeny managcmco1 company. Mr. McFadden noccd in the package they will sec a brid
corporaae bi5IOly, as well as a lisl of somc recent projecu they have done . One is the River Plai;e Project in
Ponland. which. he DOICd. is a good example of an urban infill project . Also. the MiZllcr Green Project in
Boc:a Ralon. Florida, wbidl is part of the Mimer Pait Commuoity, which, be opined. is a good model for
wbal Englewood is aying to accomplilb bcre wilb Englewood CityCcoter. And the project in At1anaa. he
said, is a ll)C)d example ol a very clelllle wtJan infill projcc:t. which be thinks. 1s where we are headed on the
design ol mme of the land• Englewood CityC.enter. He said they have also included a financial
swement, which they can see is a very subslanlial financial Slatemcnl TCR is still a private company. but
they operare as a panncnhip. They do invest their own capital in their projects. as well as bring in
institutional equity panncn and ddlt panners for their projects. Mr. McFadden explained that the
company's operaling mono, in lhal scme, is national in scope and loc:al in practice. They have offices in all
of the major ral esaae markets in the Uoiled Stales and they have. over the past five or six yc:acs. Slalted to
focus their coocemralioa oa more wban infill projects . He noted that is emphasized in the two articles he
included in the packcl. from Ulban Land Maga7.ine, which are about projects in Ponland and Seattle. wluch
be feds exemplifies their ability to do both llllllSit-«iented design. as well as new urban. near traditional
design. Both those projecu won awards and be lhoughl they were prime examples of those types of
developments in the United S&alcs. Like everybody dse, be staled, they are very excited about Englewood
CityCenter. He said be pcnonally thinks it is probably the most exciting residential community that we are
looking at in ~ right now. He noccd as we have grown as a community in Denver. it has been both a
blessing and a CUIIC and in some sense, the fact that we have to have light rail is a curse . But he opined
that the fact that the City of Eaglcwood bas a progressive thinking plan for wbal they are tlying 10
aax,mplisb for the light rail CCDlcr, is very admirable. He fdt their cxpcricncc, their national pn:scnce. c:an
serve as a good benefit to wbal Englewood is tlying to accomplish and they look forward to working with
the City in aying to aax,mplish their goal. Mr. McFadden said be would be happy to answer any
questions . Regarding the '"for sale" question. be said be feds there is ccnainly a market for a limited
amouat of Mfor sale" product ill Ibis localioa. It is a lllliquc location. thcrc is really nothing dse like it and
tbal is IOPN'tbing they cu illlxlrpcnle illto their plan. As far as the relail is coacemed, be tbougbt if they
would notice in the ar1ida, they lave doDc ff:Cail and rcsidcatial in transit orimtcd communities in Ponland
and that is certainly somclbing they cu iDcorporatc in their plan for Ibis projcc:t.
Mayor Burns asked if they do their own finucing or bow do they normally do that. Mr. McFadden swcd
they invest their own capital and usually co-iDVCSl with institutional equity pannen.
(o) John Loss said be just wanted to briefly reiterate their excitcmenl about what they think
are some very capable and thinking ahead type people. They are real excited. He stated their plan and
objective would be to work closely witb the City staff over the next several days. with the goal bemg to end
up with a rcc:ommcndcd residcnlial developer to bring back to the City in connection with their September
30• dcadlioe.
City Manager Sears noted they would talk, from the staff levd tomorrow. on how that is going to come
together. He asked Mr. Loss if be was planning to come back to the Council witb a residential developer or
if be was tbinking that the resideolial devcJopcr would then work with him or we would select, collectively
from the Slaff. to come witb an overall master plan or site plan back to the Council on the 20•. Mr. Sears
DOied they bad talked about Mr. Loss coming to the Council oa the n•. but be wasn 't sure they
undenland. from the swl' level. bow be wams to proceed. Mr. Loss advised they are cenainly flexible and
want to work wilb the City in the best way. He said their plan was that on the 13• they would provide a
full retail update, which bas been requested and is much nccdcd. So that was their goal for the 13 •. As to
the specifics of the residmlial devdopcr, their belief and understanding is that the City Council cenainly
bas the ullimale say in the deal. be aid. Ally ullilmle CODllllCt or involvement by a residenlial developer
would be bct1WeCll the City and them. but their notion and idea was to iromcdia•cly ... Wednesday,
'Jbunday, Friday, oltbis week, to 11111 briDgiag rcsidcatial developers in for some more specific detailed
analysis ud llUdy witb the llaff'. And, out ol tbis process, come to a feeling about a rcc:ommendcd
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developer and Ihm, as needed by this group, they would want ID come forward before the 30..,. if that
makessmse .
City Manager Sears asked ifbe secs the pom'bility of coming back next Monday night with a
recnmmcndcd raidealial cb-eloper aad at thew time be can bring the City Council aa updalc on the
mail deYdopmall or idmtify the key poiDU of the lite plan. Mr. Loa Slated be thinks tbal is doable, that
all these companies are very iotercstcd and they thiok it is io the best iolCRSl of the project ID make a
decision aad gel aaokiog OD il So, be said, they would take that challenge and would like ID come OD the
13•,
Council Member Habeoichl askcd if they ~ be bearing about bow the rc:tail would iotcndale bctweca
the l'Clail ponions aad the housing portions aad the scope: of the type of rdail that would be involved. Mr.
Loa said be cenaioly tbiob it is a gMD, from their staodpoilll. that they and the City and everyone who
bas beaa working oa it, have visions of a TOD with the basic demcots we have bceo looking at for some
time. So, be aid. their__. would be absolutely, they would anlicipatc the defiaite .-1 ID answer all of
dlllle quatioal aad have this group see exactly what our thoughts were, not only on the retail component of
the rcsideoual pan, but also what they would ra:ommcod for their pan of the project.
Council Member Bnldsbaw asked ifbe would be ready by Monday. Mr. Loss said yes.
Mayor 8wm dllnked Mr. Loa and noted Ibey will look fonward ID seeing him Monday.
(p) Skip Mila, ofMilb Weioganco. said there was one piece be wanted ID make sure
C\'aybody uadenrood. He advised that they have looked at this sdcc:tioo as a three step process. One is ID
......... die qmlificlcicw of these people. two is aa uodcnlaadiog of wbat they plan ID do specific:ally
ad dne ii die 8-:ill 4 lll'ftM aad bow that wwb witla the CllliR s-:blc-So. be npllioed they
will be ...... the adllCI two back ID Council -that they have sllowD dleir qualificala. 'Ibey will be
lllowiac die -.e pla. their visioa aad MIii it me1111 ill the way of relaiL wbedler dley are IOUII ID have
I "for llleff uait. wllat their apadmalll look like aad what the ecoaomicl of all dlllle IR. 'Jbal. Mr. Miller
llatcd is wbal they will be bringing ID Council next week.
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING TIU WEEK Of SEPTEMBER 17 THROUGH 23, 1'9' AS
CONS11TU110N WEUC..
Ayes :
Nays :
Absent:
Motion carried.
Council Members Nabbolz. Bradshaw , Habenicht, Waggoner. Grazulis.
Bums
Noae
Council Member Gam:tl
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING TIU MONTH OF SEPTEMBER AS NATIONAL LITERACY
MONTH.
Ayes : Council Memben Nabbolz, Bradshaw, Habenicht, Waggoner, Gramm,
Bums
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Nays :
Absent :
Motion carried.
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Council Member Garrett
(c) A lcacr from Steve Markwood indic:ating his resignation from the Englewood Pans and
Rccrcatioa Commission.
COUNCll. MEMBER WAGGONER MOVED, A.ND IT WAS SECONDED, TO ACCEPT WITH
REGRET A LETTER FROM STEVE MARKWOOD INDICATING HIS RESIGNATION FROM
THE ENGLEWOOD PARKS AND RECREATION COMMISSION.
Ayes: Council Members Nabholz, Bradshaw. Habcnichl Waggoner. Grazulis.
Burns
Nays: None
Absent: Council Member Garrett
Motion carried.
Mayor Burns cxtcodcd Council's best wishes and thanks to Steve Markwood. He noted they think all the
people selVing OD our boards and commissions are special.
9. Public Bearia&
(a) A Public Hearing was held to ga1hcr input OD Council Bill No . S2 . regarding asscssrncnts
for Paving District No. 38.
COUNCll. MEMBER BRADSBA W MOVED, A.ND IT WAS SECONDED, TO OPEN THE
PUBLIC BEARING.
Ayes: Council Members Nabbolz, Bradshaw, Habcnichl Waggoner. Grazuhs.
Burns
Nays : None
Absent: Council Member Garrett
Motion carried and the Public Hearing opcocd.
All witnesses were duly sworn .
Rick Kabm advised tbal be is Engineering Manager and Capital Projcas Manager for the City. He
prcscolCd Proof of Publication of Notice of the Public Hearin& which was publisbcd in the Englewood
Herald OD August 20, 1999. He DOCCd tbcrc was a Oyer made available to everyone this evening entitled
Paving Di.said No . 38. He said tbal before be gets into thal be waDICd to back up for a moment and do a
brief overview of this project. Mr. Kabm staled it bas actually bcco two and a half years since this project
was initialed. This project began with Council passing a raolutioo of intcot to form the District in Marth
of 1997. A public bcariog was held in April aC 1997 111d Council cledcd to go forward with the project .•
He explained that, with the TABOR Amcodmmr before us. tbcrc is an cxtn srq, in paving disuicts tbal we
have not bad before. lo November of 1997 the propeny owners in this diSbid were sua:cssful in passing a
ballot question which allows the City to sell boodl to fioaooc this project so they could have ten years for
payments. We had a a,mpetitive bid June 18, 1998 and although we had a very competitive bid and wc
were dealing with three cootractars, Iha! we had a lol of confidence in and had had a good working
rclaliooship with, even the low bid was higher than the cstima!cs we had published a year and a half ago
when the District was formed . Pan of tbal was due to the economic climate wc were living in. As a result
of Iha! we came back to Council in July of 1998 and recrealal and reestablished the District. which caused
us to have a scc:ood public bearing August 17, 1998. Mr. Kabm pointed out that no one attended that. so it
appeared tbal the folks in this Disarict were salisficd that there were additional costs and they were willing
to pay them. Coosuuctioo bcpo Scpc.cmbcr 1, 1998 and the project was actually broken into two phases .
RID approached the City 111d acd us to delay the coDSIIUCtioo OD South Wiodcrmcrc adja'1cnl to the light
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rail in the area between Quincy and Tufts Avenue . Because of some greal differences that also caused us to
delay the a>nstruction of Stanford Avenue, between Navajo and Windermere. We stu1ed construction OD
the project and we worked until wca1ber caused us to shut down for the year. In May of 1999 we continued
consuuaion of Phase I and Phase I is substantially complete. Mr. Kahm advised that wbal is remaining is
the section of Windcnncrc, tbal be referred to previously , and Stanford bclwccn Windermere and Navajo.
He advised thal our COlllraclor is scheduled to come back in and begin construction on that stretch within
the next week or ten days. We expect that work will be completed over a four to six week period .
Mr. Kahm referred everyone to the handout He said on the backside of the first page there is a paving
district scbcdule for completion of Paving District 38 . The bold print in the middle of the page refers to
Tuesday, Sepccmbcr ,., which is this bearing this evening. He said our hope would be that Council would
consider the ordinance on assessments on final reading OD September 20..,. that wc would have the
ordinance in full fon:e and effect by October 2s•. that the last day for paying assessments and rece iving a
5% discount OD the amount paid would be November S-, and that wc would certify the assessmcm roll to
Arapahoe County for collection on November 1s•. He advised that our Finance Dcpanmcnt is presently in
the process of marketing bonds for this project. He referred everyone to the map in the handout of Paving
District 38. He advised thal the 1300 blocli: of West Radclifl' Avenue was built this year. Regarding the
1300-1500 West Stanford Avenue. be DOCed tbal the 1300 block bas already been constructed and the 1400
and 1500 blocks will be built yet this fall. The 1400-1500 blocks of West Thomas Avenue , the 4600 block
of South Beverly Drive and the 4600 blocli: of South Ganim Slrcct were all completed last year. The 3400
block of South Emerson Street wu completed this year. 4300-4500 blocks of South Windcnncrc Street is
the group of streets thal will be COIIIUUCted CMr the nat few wcc:ks. The 1000-1500 blocks of West
Prentice Avenue and the 300 blocli: m West Jeff~ Avenue were complctcd in 1998 . The remaining
sections of the handout show typical paving sections that we experienced in this project. As you look
through thole, be advised, in cacb illllaDcc the top line will tdl you what the asscssmcm range would have
been compared with wbal -cstimaled in the f011111lioo ordinance, wbm the District wu reeaablishcd
last year. He Slaled -are under tbollc Cllinaled pric;a. with the exccplion m alley paving and allcy
paving c:amc up at about 63 CICIIII a foot bigbcr than what we bad adwniscd., which is about 2%. which is
well within the 6% guideline thal is allowed. With that, be said. be would be happy to answer any
questions Council might have.
Council Member Waggoner Slaled that the bond issue before Council tonight is a different figure than the
ISSCSSDICnt figure that is OD the back of the page. He pointed out that the assessment figure is S7 35.5J.U3
and the bond figure -less than thal.
Mr. Kahm Slaled that initially when we SWtCd this project we anticipated needing to sell about a million
dollars in bonds. As Council may n:call. be said, a portion of Radcliff was shoncncd and that lc:sscncd the
cost and a ponioo ofRadcliffwu eliminatcd and tbal lcsscncd the cost.
Di.rector Gryglcwicz advised tbal because a lot of propcnics prepaid. the prepayment of the bond issue:
amount is less. It is down to $612,000, be said, tbal is what we plan OD issuing.
Mr. Kalua said he would also like to point out tbal we roccived five leacrs of protest on this project and
those have bccll submittcd to the City Clerk and she will mer tbollc into the record at this time.
Lcacn from Vaagc R. and Cabcrinc Fender, Virginia R. Hunt, Wayne J. Knowles and James A. Dindo,
ROllCUa Angle and Milfrcd G. Harr were cmcred into the record.
Don Noyes, m Noyes-Lamb U.C, ,4'90 South Windermere Strect, said be bu a piece of property on which
he bas roccived a nolicc of aaeamcnts for Paving District No. 38 . This wu in the mail of August 21 ,
1999 and wu addrcsacd to 4590 South Windenncrc Street. Englewoocl. he said. which is our actual address
for this U.C. It is not the property that is being paved or sidewalkcd or gutla'ed. be said. The actual
propcny that is in the paving district belongs to the City ofEnglewoocl. and wu deeded to them in 1974, he
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asserted, OD a building permit deed for lhc property al lhal time. I found OUI that lhc cwbs. guners.
sidewalks are on Englewood property, DOI on lhc I.LC property, be said. Mr. Noyes said be would like 10
be released from lbe lien on lhc assessment, and ii lhcn becomes a liability of the City of Englewood 10 pay
on lhcir own property.
Mayor Bums asked ifbc had communicated Ibis to Slaff. Mr. Noyes said be did it with the Public Worts
Department and Ibey are aware of ii, and Mr. Kahln is aware of il Mayor Bwns asked if we were aware of
this communication. Engineering Manager Kahln said be had just Icamcd of ii in the last few days. Mayor
Bums asked ifwc arc checking Ibis OUl, to which Mr. Kahln responded affinnativdy. Mayor Bwns said
lhal is what Council would do, is to direct Slaff to cbcck Ibis out to sec if it is comet. Mr. Noyes asked
bow long lhc process would take. Mayor Bums said be did not think it would take weeks. Mr. Kahln said.
in Ibis instmcc, WC will need lhc aid of lhc City Attorney, who is OUI of town this week. He said ii would
be al least next week before we can really deal with it. Mayor Bums directed that Mr. Kahm communiC31C
with this gcnllcman and get him an answer to this as fast as possible, because it docs DOI seem 10 him that it
is roc:kCI science to figure this out.
Council Member Waggoner asked lhc nature oflbe deed lo lhc City . Mr . Noyes said it was back in 19 74 ,
when the Sanla Fe/Union annexation IOOk place. We had a building on the property that was ready to be
ercdCd, he said. die foundaLions were poured and everything. The City annexed all the property in that
area. 1bcy found out wc were going to erect lhc building and Ibey charged us City tax. a use tax. Mr.
Noyes recalled tbal Mr. 8cmdini wu lhc City Attorney al lhal time, and he advised lhal Mr. Noyes could
not~ a building pamit Ulllil be dcdiclled property to the City. Mr. Waggoner asked what the property
was to be dcdicalCd for. Mr. Noyes said it was to get a building pamil Mayor Bums said a dedication is
different than a transfer. Mr. Noyes said it was a quit claim eked. under proteSI from us. to the City of
Englewood al DO cost to the City. NodliDg -said, road wise or wiw-. DOW. The land lhal was
dedicated to lhc City is not eYCD being UIICld for the SlftlCC. just lbe OUllidc line of the property, be said. and
it -lhal twenty feet that they took &om llS lhal is when: the building lite --
Mayor Bums said it is obviously going to be cbccked out and the proper documcllll exaroirwt Mr. Noyes
said they were told, too, lhal they could not put in front oftbeir building. because it is City property.
Council Member Bradshaw askcd when bc was lOlcl that. Mr. Noyes said it -just the other day. Council
Member Bradshaw said wc need to look into two things.
Mayor Bums asked if Mr. K.alun had all lhc information be needed. Mr. K.alun said absolutely, and this
will be followed up.
Barry Sruelds, 4450 South Windermere SlrCCI, said be bas one concern, and that is bow long RID is going
to be. We arc right in the middle of South Windermere that is scheduled next. He said there is lots of
heavy duty earth moving equipment that he fell was working for light rail right now. He said his concern is
when this project starts on South Windermere, when all this equipment will be using the new streel with all
lhal heavy equipment, going up and down lhc curbs and stuff. He asked how the City worts with thal
Mayor Burns asked if he was conccmed that all the consuuction projects will break down lhc curbs and
ruin lhc concrete that was just put in. Mr. Shields responded affirmatively. Mayor Bums asked
· Engineering Manager K.alun about the time with RID. Mr. Kahm said RID approached the City last year
and asked that we posq,one that strcct construction until this year. 1bcy are fully aware of our schedule. as
we are of theirs, be said, and Fidd Operations Administralor Kapaun bas been coordinatmg with them. In
fact. he continued, Ibey will be working with us on lhc inslallalion of some of the storm sewer and some of
lhc grading behind tbc curb on the west side, so they arc aware that wc an: pulling in the new strect and will
wort with us to protCCl il
Mr. Shields said he knows we have been postponed quite a bit going down the road here, and when our
strect gets done ii may be close to November. He asked, if bis part gets postpooed anymore and it is past
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thal November dale, whether he will still have to pay before the street. curbs and guaers arc completed.
Council Member Bradshaw said, the way it is set up . yes . Mr . Shields said he would assume most of it
would be done by that time. Mayor Bums said liglu rail is going to open in Jul y of next year. and th~· have
a history of building on time and on budget Mr . Kalun said the intent is to have all the work completed
this fall .
Mayor Bwnsasked if Mr. Kabm secs any danger of the curbs being broken down by RTD vehicles. Mr .
Kabm said be is DOI conccmcd with tbar, the only thing wc arc aJways wonyi.ng about this time of year, is
what the wcatbcr docs to us . Paving planlS will only run until about the middle of December. but he said he
feels we arc oa a scbcdulc where wc can finish it up.
Mr. Sbiclds com-led that the City people be bas worked with have bcca very good about answering
questions, and be cxprcsred appreciation for that
Jack Nelligan said be owns a small business at 4675 South Windenncre Street, right acl'OSi from Porter
Auto Body , on the west side ol the SlrCCl. He said be was out of town and would have wriacn a letter of
protest He apologwd for DOI doing so . Mr. Nelligan said be bas a problem with the consuuction that
occurred on Windermere iD 1997. The contractor OD the job was with a company called Randall and Blake .
When they came out ol the -icr treatment plant. and then turned north on Windermere . the)• went up to
the nonh side or-building where they then turned west and booked up with RTD . be explained. As thC)•
went past our buildiag. be aid, they forgot to book up the sewer line . We arc only a small company of
thinccD people, and WC ~ DO waler USC iD our business at all, so WC did DOI discoYcr this until the middle
of 1997. At 1h11 time. wc tbougbl dial wc just bad a bad sewer line, so wc hired a company called Roto-
Rooccr. and 1pC111 $4,700 .00 for them to fix up the line, wc tbougtt. Then about three or four months later.
wc diliQOvcrcd we llill bad the ame problem, and wc hired an Englewood company called Renaud
Coasauaioa and lpCIII $20,500.00 before they diliQOvcrcd that our sewer line bad not been hooked up to
the bnad -_. pipe lbal nm dowll Wiadcnncrc. We arc right at the $25,000.00 figure right now . he
aid. The City ol Eaglcwood ,ns called, and the State of Colorado was called, and they came out and took
pictures . We went to RandalJ llld Blake for relid, be said, but they have maintained aJJ aJODg that the
rcuoa they did DOC book up our sewer line was OD direct orders from the City of Englewood . Mr. Nelligan
said this bas bclCII • CJ1110ia1 CICIIIWlllbOII with Randall and Blake. He said be talked to a gcntJeman from
the City of Englewood about hWO moaths a,o who ,ns at the COIIIINCtioa site during that summer time.
He said be was going to meet with him, but be could DOI think of bis name . We spent almost $25 ,000 .00
bcforc. llld l bc1ic\oc we arc -bookcd up to the new sewer line . We Rill have anocbcr SS ,500.00 in
paving costs to fix the alley way where the CX>IIIUUClion occurred. so that brings it up to $30,000.00, he
said. When you go to Randall and Blake, or any of these companies. the very fusl thing they say is that I
am complct.cly guiltlcsl iD this, and I knew I ,ns guiltless because I stood above the bole and I saw our
sewer pipe and it ended about twelve iDcbcs from the brand new sewer liac that was running down the
middle of the sireet. be said. Being compldcly guiltless docs DOI mean you arc DOl going to pay a lot of
money here . In order to ga Randall and Blake's aucntion, and bear in mind they have maintained aJI along
this is the City of Englewood's fault. I went to Bob Renaud and ukcd him to sue me . he said, to get the ball
rolling. so be sued me, and I have paid him off. I am now suing RandalJ and Blake, and, with the legal fees
so far, we arc up to around $33 ,000 .00. Randall and Blake bas offered, as a scttJe-1. $15 ,000 .00 to
resolve this issue . Mr. Nelligan asked that IIOIIICbody from the City of Englewood meet with him and
Randall and Blake to find out who really said that the line should not be hooked up.
Mayor Bums asked if be bas communicalcd this to the Utility Dcpa,tmcnt before . Mr. Nelligan said he
tried to call Mr. Kabm today . He said be bas spoken to Mr. Kalun in the past. and he bas been such a
gentleman over things requested olhim. The answer, be said, is that he has written to everybod y, and
actually wrote to this gentleman at the City of Englewood who was very , very nice . and it is just killing me
that I can DOl think of bis name .
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Mayor Bums asked if be was in the Utilities or Public Works Dcpanmeot. Engineering Manager Kalun
said it would have been Utilities, because the project we are talking about ,ws actually Paving District No.
35, which was a project built by the State , and it is a sewer issue. so the Utilities folks were actually present
all the way through the a>nsuuction . Mr. Kalun said he would follow up and find out who he should talk to
and try to get to the bottom of it.
Mayor Bums said it would certainly DOI be Mr. Kalun 's decision whether to hook up to a sewer line or not.
Mr. Kahm said it aclllally was DOI even our projc:ct. it was a State projc:ct. but there were a lot of utilities
involved. He said he knows the Utilities folks were out there continuously . and if there was a break do"'n
in a,mmunication, thal is probably where it would have been.
Mr. Nelligan said, where you have some money involved, and people are pointing fingers. he feels ii is
easier to point it at a municipality than anyone else. He said what be is asking for is some help 10 find out
if it was possible that somebody from the City of Englewood actually said not to hook up our sewer line .
Mr. Kahm said we can sure try.
Mayor Bwns said be thinks we can assist. He expressed appreciation for Mr. Nelligan ·s sentiments toward
municipalities, because we do DOl normally get those . Mayor Bwns said he appreciates Mr. Nelligan 's
dilemma and expressed oonfidence that Mr. Kahm would be able to get to the bottom of it. Mr. Nelligan
said be can give 1D111C of the cancelled c:bccks to Mr. Kalun thal show some of the money that has been
speDl
Council Member Waggoaa-asked if be was prol,Cllin& the ,. oa Paving District No . 38 . Mr.
Nelligan said let's just assume that there is Ille pcmibility dial IOllleOIIC from the City of Englewood said do
DOl book up that line . We are oa lbe west side al Ille IIRICl. and there is a famous building rigbl behind us
c:alled 1bomu Plaling. 'l1lcre ii a llreet alleyway jull to Ille IDUda side al our building, and it is a a>mmoo
area where IIUCks would nm beck and fonb to Tbamal PlaliDg. 111c oaly reama lbal somdlody would
possibly say that, be opined, and I do DOt lbiak anybody from Ille City of Englewood ever wants to see
Thomas Plaling come back, and cenainly I, as a neigbbor to them. would DOt Wlllll to see them a,rne back
either. but there is the possibility dial IOIIICbody took a look at that line from the City of Englewood and
said that is Thomas Plating's line, and we do DOl ever waat tbll to be booked up, so do DOI hook it up.
Council Member Waggoner asked ifhe is in Paving District No . 38. Mr. Nelligan said yes . But you are
DOI asking for rclieC from 38, Mr. Waggoner said. Mr. Nelligan said yes, be is asking for relief for the
$33,000.00. Mr. Waggoner said that bappmcd in Paving DiSlrict No . 35 . Mr. Kahm said he actually owns
a vacant lot across the sttcet from his busiDea. and that vacaat lot is wbal was assessed in Paving District
No. 38 for the work on Thomas Plating. Mr. Waggoner said il bas DOlbing to do with the sewer line or
relief from 35 . Mr. Kalun said that is uuc. it ii oa the opposile side of the~ and is a different project .
Mr. Nelligan asked if one side of the llreet ii 38 and the odler is 35. Council Member Bradshaw said that
is right Mr. Nelligan apologiud. Ms. Bradshaw said that is okay, because we are still going to check it
out for him . Mr. Kahm said absolutely . Mr. Nelligan thanked Council for their time .
Vance Fender, 3612 South Cherokee S1reet, said be rea:ntly received the assessmena letter for the paving
district The problem, be said, was that they did DOl purdlue the home until February of 1998 . All of the
real eswc: contracts that they have fOUDd say that the title company is DOI responsible for paying anything
under a special paving dililrict He said be is DOl sure why that occurs, because be c:hcckcd with the County
and with the City when be did the real eswc: a>DllllCl to find any liens, bills and money owed anywhere ,
and this never <:ame up . Also, be said be realms that the problem that occurred for him is the 300 block of
West Jefferson, which the City calls a IIRCl. It ii aclllally an alley that goes to the Bannock/Cberoue alley
in the 3600 block of South Cherokee S1reet, be said . He said this was paved because of an ongoing
problem with the City between the developers of Ille apartments on the south side of Jefferson and another
gentleman on the north side of Jefferson . Mr. Fender said he should DOI have to pay for what that
gentleman wanted done to his property . He said his does DOI have alley aa:ess to his property . has never
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even dmm oa lbal pan m the ltRld. ocher tbaD as a City employee. He said bis problem with this entire
asrssmcnt is lbal we~ DO rdicf'10 get any oftbc money back from the people who may~ originally
voted for this project. They do IIOl live dlcR any longer, but I do, and I have DO ac:a:ss 10 tbal alley and no
reason 10 use it. be said.
Mayor Bums thanked Mr. Fender and said bis situation would be chcckc:d out also.
[Clert's llOlC : Council Member Nabbolz left the meeting at 9 :22 p.m. just as Mr. Fender made his
closing rcmarb. I
Wayne~ owner rA Parler Aulo Body, 4610 South Wiodermerc Slrect. said be also roccivcd a notice
for Paving Dillric:I No . 31 . He said, after looking at the map. be is DOI C\'CII in that dislrict. Our road has
been done alrmdy, be said. He asked why be would have goaco a notice .
Mr. Kablo said the road tbal Mr. Knowles bad referred to as being done is the road in front of the propcny ,
which is Wiodamerc, and was built in Paving District No . JS . Whal you an: being assessed for is a side
street asscssrnen! for the work that was done on Thomas. Mr. Knowles said he docs IIOl own on Thomas.
Mr. Kablo said the City's policy is to assess propcnies for the fron&agc when -do the SUCCt in front of lhe
property, and wbm. we do side Slrects, we assess half a block each direction. and the cost of that work is
spread out 10 all aftbose adjacent properties . Mr. Kabm said thaa is the process the City has used since
they IW1Cd districts in 1956, the lheory being that every-pays for the CXIDIUUClion that takes place in
front m their property, and for a share mall the avenue paviDg.
Mayor Bums said be is sure they can dilCIIII that filnber with Mr. "-lcs. but that is the City's policy,
aad it bas been that way liDoc 19S6. He repelled lbal Mr. Kabm ~ be williag 10 lalk 10 him fwtbcr
aboulil
COUNCU. MEMBER BRADSIIAW MOVED, AND rr WAS SECONDED, TO CLOSE THE
PUBUC IIEAlllNG
Ayes : CouDcil Mcmbcn Bradshaw, Habenicht. Waggoner, Grazulis, Bums
Nays: .._
Absent: CouDcil Mcmbcn Nabbolz. Gama
Motion carried and the Public Hearing clolCld.
Mayor Bums said this matter will come up on Monday, Scplcmber 20, 1999 for consideration of the
ordinaocc OD final rcadiDg.
10. C.....A&ada
(a) Approval of Ordinaoccs OD First Reading
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (I) ON FIRST READING
(i) COUNCll. Blll.. NO. S4, IN11l0DUCED BY COUNCll. MEMBER
WAGGONER
A Blll.. FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 144 TO nm SOU1l1GATE
SANITATION D1Sl1UCT CONNNECJ'OR'S AGREEMENT FOR nm INCLUSION OF LAND
WITHIN nm D1Sl1UCT BOUNDARIES .
Ayes : CouDcil Mmlbcrs Bradshaw, Habcoic:bl, Waggoner, Glazulis, Bums
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Ablcat:
Motion carried.
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Council Members Nabbolz, Gam:n
(b) Approval of Ordinances OD Second Reading
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COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I), (Ii), (Iii), (iv) ud (v) ON SECOND READING.
(i) ORDINANCE NO . 46, SERIES OF 1999 (COUNCIL Bll.L NO . 48,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AlITHORJZING 1HE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD
FIREFJGKraRS' PENSION PLAN DOCUMENT, WHICH PROVIDES A DEFERRED RETIREMENT
OPTION PLAN (DROP) BENEFIT FOR 1HE PARTICIPANJ'S OF 1HIS PLAN .
(ii) ORDINANCE NO . 47, SERIES OF 1999 (COUNCIL Bll.L NO . 49,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AU1HORIZING 1HE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD
POLICE OFFICERS' PENSION PLAN DOCUMENT, WHICH PROVIDES A DEFERRED
RETIREMENT OPTION PLAN (DROP) BENEFIT FOR 1HE PARTICIPANJ'S OF 1HIS PLAN .
(iii) ORDINANCE NO. 48, SERIES OF 1999 (COUNCIL BILL NO . SO.
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING 1Tl1.E 3, CHAPTER 7, SECTIONS 3, 4 AND 5, OF 1HE
ENOLEWODO MUNICIPAL CODE 1985.
(iv) ORDINANCE NO . 49, SERIES OF 1999 (COUNCIL Bll.L NO. 51,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING mu: 3, CHAPTER 8, SECTION 1, SUBSECTIONS 3, 4 AND 5, OF
1HE ENGLEWOOD MUNICIPAL CODE 1985.
(v) ORDINANCE NO. '°· SERIES OF 1999 (COUNCIL Bll.L NO. 53,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE SUBMITI1NO TO A VOTE OF 1HE REGISTERED ELECTORS OF 1HE CITY OF
ENGLEWOOD AT 1HE NEXT SOfEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT TO ARTia.E XV, SECTIONS 137 :2 (i) AND 138 :3 (a) OF 1HE HOME RULE
CHARTER OF 1HE CITY OF ENGLEWOOD .
Vote raulta:
Motion carried.
(c)
Ayes :
Nays :
Absent:
Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bwns
Nooe
Council Members Nabbolz, Garrett
Rcsolutiolll 11111 Motions
'Jbcrc were: ao additional raolutiou or motioaa submitted for approval . (Sec Apada Item 11 -Regular
Agenda.)
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Ea&lewood City Council
September 7, 1999
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(a) Approval of Ordinances on First Reading
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(i) Dircclor Gryglewicz presellled a recommendation from the Department of
Finlncial Services to adopl a bill for an ordinance audlorizing the issuance of Special Assessment Bonds in
the IIIIIOWll ofS612,000.00 for Paving District 38 . Mr. Gryglewicz said a ballot question. voted on by the
affecled voccrs, -approved by a vote of 8 to 6 on November 4 , 1997.
Mayor Bums asked bow tbal coordiaala with the ordiDaDce we just bad the Public Hearing on . Mr .
Gryglcwicz Slid this ii a lCpalale onlilllllCe from tbal. We will issue the bonds, and if there is any
adj1llbDmll, thole --. tbal are DGl spcDl ill the distticl, will just be held ill the bond account for future
payment of prillcipll lllll imaell. be llid.
Mayor Bums Slid be jull wuted 10 makc sure publicly that this does DOl addrell individual properties, this
ii aa CJYelllll funding mec:beaiPD Mr. Gryglewic:z Slid il actually allows individual propeny owners to
finance this over tco yean. ocbenrile the City would DOl have a mechanism to do tbaL
Couoci.l Member Bradshaw said 1h11 was SWICd ill the eighties, when she was on Council before. Mayor
Bums said this bas beea clone ICVenl timel before.
1be City Clerk -asked 10 read the CIIIIIICil bill by litle:
COUNCll. Blll. NO . 55, IN11U)[)UCED BY COUNCll. MEMBER BRADSHAW
A Blll. FOR AN ORDINANCE OF 11IE CTIY OF ENGLEWOOD, COLORADO, Al.ITHORIZING
nm ISSUANCE OF SPECIAL ASSESSMENT BONDS IN 11IE AGGREGATE PRINCIPAL AMOUNT
OF $612,000.00; PRESCRIBING 11IE FORM OF nm BONDS ; PROVIDING FOR 1lIE PAYMENT
OF 1lIE BONDS FROM SPECIAL ASSESSMENTS IMPOSED UPON PROPERTY Wl11ilN PA VINO
DISTRICT NO. 38 AND MAKING CERTAIN COVENANTS IN CONNECilON llfEREWI11{;
PROVIDING OTifER DET AD..S AND APPROVING DOCUMENTS IN CONNECilON wrrn 1liE
BONDS .
COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (a) (I) • COUNCll. Bll.L NO. 55.
Ayes: CouDc:il Mcmben Bnidsbaw, Habenicbl, Waggoner. Grazulis, Bums
Nays : None
Ablcnt; CouDc:il Mcmben Nabbolz. Gama
Motion c:arricd.
(b)
1bere were no additional items submilled for approval oo IOCODd reading. (See Agenda Item IO -Consent
Agenda.)
(c) Rcsoluliom and Motions
(i) Director Roa praeoted a recoannendation from the Depanments of Public
Worb and Financial Servicel to adopl a l'CIOlulioo approving the purchue of a new lraflic signal system.
He advised lhll CouDc:il approval wu being IOUgbt 10 acgotiale aad award a contract for a new lraflic
manapmem l)'IICID. 1bia l'CIOlulioa. if appnmd. would allow the City of Englewood to enca illto a sole
source comnct with Ea>Dolitc CoDIIOI Prnducu. Incorporaltd ill the amount or $363 ,400.00, be said. We
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are allO asking Council to establish a maximum budget for the new sysacm to cx,vcr possible contingencies.
that amount being $380,000.00, be said . Our existing traffic management softwan: is at the end of its
useful life. and the supplier of our cumlll system has bad a midlife cx,rporate aisis and has decided to tum
their allclllion away from traffic cx,nttol and move into Sladium scoreboards. he advised. We can no longer
get the ~ we need. be said. which is aitical as we approach December 31, 1999. Because of the
dcficiencia in our exisling system. be said, it is necessary to replace this system with one that will provide
the imponad fuDc:lioos we feel we need . We paid an independent cx,nsuJtant to perform a traffic
management systems analysis to determine what system is cumntly out there that will meet the needs of
the City of Englewood. Our oonsultant. PBS&J, rcc:ommcodcd that we go with Econolite Icon System. be
said. Mr . Roll said the Econolite rcprcscutativcs have assured us that they can have the new system up and
running by year end if we give them notice to proceed in the next seven days . that is ,wy the action
Council takes tonight is so importalll.
CouociJ Member Habcnicbl asked if our traffic cx,nttol system would be compatible 'l'ilh our DCJghbors .
Mr. Roll said our neighbor to the south is Littleton. and they have the same system that we arc getung nd
of, so until they get rid of this system. the answer is no, Ibey won't be . Mr. Ross said they an: loolmg at
this. have talked to Traffic Engineering Analyst Vostry, and asked for all the informauon and research we
have done, so all appearances are that they arc looking at going in the same din:ct.ion as us . Denver. he
said. with RID, ia tooling at the same system and incx,rporating thal into a number of their intcl"5CCl.lons. so
we feel like, once they get on board, they arc going to go to their entire system with the system we arc
rcc:ommcnding to purchuc.
The resolution was assigned a number and read by title :
RESOLtmON NO . BS, SERIES OF 1999
A RESOLtmON AWARDING A NEGOTIATED COmRACT FOR ENOU:WOOD'S TilAmC
MANAGEMENT SYSTEM INS'IEAD OFTIIE COMPE1TllVE BID PROCESS UNDER SECTION 116
(b) OF 11IE HOME RULE CHARn:R AND SECTION 4-1-3 OF 11IE ENGLEWOOD MUNICIPAL
CODE 198S .
COUNCll.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO. IS, SERIES 011 1999.
Ayes : Council Members Bradshaw. HabcnichL WaggollCI'. Grazulis, Bums
Nays : None
Absent : Council Members Nabholz. Gam:u
Motion carried .
(ii) Director Fonda prcselllcd a rcc:ommcndation from Littleton/Englewood
Wastewater Treatment Plant Supervisory Committee to adopt a resolution approving the purchase of
Maintenance Management Softwan:. He stated staff' rcc:ommcnds purchasing the software from DalaSUcam
Systems, Inc . Company, in the amount ofSS0,600.00. He said this is softwan: for a maintenance and
managcmmt system for the Bi-City Wastewater Treatmclll Plant, which is becoming very large and
oomplicated. It was worked OUl working with the City's IT group . It is unique, be said, and thal is why we
are seeking the sole soun:c, they found features in this system that work best. not only for Bi-City, but it
can also be uti.liuld by a number of other areas of the City when they want to cx,mc on . It has a database
that can be accessed by Olbcr groups in the City. and also has security features that allow them to operate
indcpcndcntly off' the dalabue. Bi-City could not access some other area of the City that would go on this
program. be said. so it would not only serve Bi-City, but would also be available for use by other
dcpanmeaU . Another large fealW'c ia that you get one dalabasc, like on the lntcmd, so you do not have to
load il inlo every lillglc machine that ia going to be used by every dcpanmcnl to have a maintcna.occ
management system . Willi tbal, we are rcc:ommcnding, and the Bi-City Committee is rcc:ommcnding, the
purcbue in the amouaa ol $50,600.00.
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Council Member Habenicht asked if we arc making sure that all of our departments arc compatible with all
the different software , Mr, Fonda said the City's IT worked with us. so that has been done.
Council Member Grazulis said she truslS this is YlK compliant. Mr, Fonda said it i5,
The resolution was assigned a number and read by title:
RESOLUTION NO , 86, SERIES OF 1999
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR MAINTENANCE
MANAGEMENT SOFIW ARE FOR 1llE LITil.ETON/ENGLEWOOD WASTI::WA 11::R TREATMENT
PLANT INSTI::AD OF 1llE COMPETITIVE BID PROCESS UNDER SECllON 116 (b) OF THE HOME
RULE CHARTI::R AND SECTION 4-1-3 OFTIIE ENGLEWOD MUNICIPAL CODE 1985 .
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Ii)· RESOLUTION NO. 86, SERIES OF 1999.
Ayes: Council Memben Bradshaw, Habenicht. Waggoner. Grazulis, Bums
Nays: None
Absent: Council Members Nabholz. Garrett
Motion carried.
(iii) Director Fonda preselllcd a recommendalioo from the Little1on/Englewood
Wastewater Treatment Plant Supervisory Committee to approve, by motion. a contract for Design and
CoDSIIUClioo Adminislr.uion of Servia:/Support Facility Expansion and Modifications. He advised thal
swl'recommends awarding thc bid to the lowCll bidder, Fascbcr and Msociatcs in the amoun1 of
$67,300.00. Mr. Fonda said Ibis ii for ID cxpusioo to thc office spaces. We have been concentr.lling for
the ... lCII years or IO, be said, OD RbuildiDg thc planl. but DOW the office space ii also imdcquaae. The
Bi-City Committee is recommending expending the office space south of the CWTml office space. He
advised that bids were rcc:eivcd from arcbilCcls, and this was the low bid. We cbeckcd their background, he
said. and m»mmmd that thc bid be awarded to Fischa' and Associates in the amount of $67,360.00.
COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT FOR DESIGN AND CONSTRUCTION ADMINISTRA 110N OF
SERVICE/SUPPORT FACILITY EXPANSION AND MODIFICA 110NS WITH FISCHER AND
ASSOCIATES IN THE AMOUNT OF 567,360.00.
Ayes : Council Members Bradshaw, Habenicht. Waggoner, Grazulis, Bums
Nays: None
Ablcnt: Council Members Nabholz. Garrett
Motion carried.
(iv) DiRCtor Black presented a recommendalion from the Department of Parks and
Recn:alioo to approve. by IIIOlion, a contract for Santa Fe and Hampden Avenue landscape maintenance.
He advised thal swr recommend• awarding the bid to the lowest tcchnically acceptable bidder, Schullz
Industries. Inc . in the amount of $64,650.00. Schultz held the conll3Cl for lhe mainlCDaDce of lhe landscape
improvements oo South Santa Fe, he said. and the Hampden medians for lhe last year. Mr. Black advised
thal. as pan of this. there was an inlergovemmental agreement with the City of Sheridan along San1a Fe,
where there was a llhan,d QDll there . The City or Sheridan would pick up the cost of those properties
loc:alcd within the city limi&I of Sheridan, and tbe City or Englewood would pick up the costs relalcd to the
propcniel in Englewood. 'I1lll agreement expired August 4, 1999, he said, and it was our hope, on an
informal buil, to CODliDue with the landscaping UDlil we were able to achieve a formal agreement with the
City or Sbcridan 1111 thc llhan,d COIII. However, we have not been overly successful in maintaining tbe
medians there, so we f'dt it was imponanl to go ahead and initialc tbe contract for the maintcnaoa:, and
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then colllinue discuuioas with the City of Sheridan to renew that agrcemem. he said. Mr. Black said he
was told• the end of last week that the City of Sheridan's Mayor Egan would be sending a lcucrto City
Council and City Manager Sears about changing some tcnns in the agrcemem. the percentage there. He
said he was not sure about the particulars of that, but onc:c wc get the leucr we will sit down and go tluough
that. He said be knows they are moving forward, but to wbal extent, he was not sure .
Mayor Bums said we bad discussed some changes in ratios, and he and Mr. Scars discussed it after the last
Arapahoe County Mayors and Managers meeting. They were going to suggest some other percentage. he
said. Mr. Black said be thought thal was whal the letter was aboul
Council Member Habenicht said she knows that, particularly this illlersection. that we have through years
of working with the Tri-Cities group, iDdicaled lhM this was the gateway for the City of Englewood. She
asked if therc was any dilCUllion, and she jusl raised the issue just as a thought, that maybe it would be to
Sheridan• s bcocfit and our bcndit so that this docs not become a problem, al leasl with that intersection,
thal they may want to de-amiex that to Englewood.
Director Black said be thought there bad been IOIIIC discussion there, but oothing formal. just in
conversation.
City Manager Sean said we bave not lalkcd to them since the meeting. and siDa: the Tri-City meeting. He
said they iDlimaloll durillg that disculPOD lbal, iDstcad of a sixty forty split. a Cony sixty split, just to let
Council be aware at that. He said be did not !mow the._ for dlll, bu& the issue at cle-amcxalioa and
rc-anl!ClRllioD could C111111C up aad there may be a IIUlllbcr of odlcr things that City Council could maybe talk
about at the poilll iD lime that we adually get a letlcr from them. He said be docs not !mow, in ICl1DS of
bow they are IOUII to jullify wbat Ibey come up with, but lhM was wbal was considered. We felt it was
critical for die Yilibility, • we BM forward with this project. thatjult do DOt let die SaDla Fe Corridor or
Hampdeo fall .,.n. and dial ii why we are pulhiDg this al this poinl iD lime.
Mayor Bums said there bu been -iDformal discussion from Sheridan about bow, if they could not
COIIUibufe their portion. they would just as soon pave it over. 'lbal was not wbal wc were going to accept,
be aid, and we do COllliclcr this to be the mry to the City of Englewood. He said be. pcrsonaUy . has for a
long time loobd forward to finally paing some landscaping in this area.
COUNCB. Ml.DER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT JOR SANTA n AND HAMPDEN A VENUE LANDSCAPE MAINTENANCE WITH
SCHULTZ INDUSTIUI.S, INC., IN THI. AMOUNT OF 564,650.00.
Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums
Nays: Nooe
Ablenl: Council Members Nabbolz, Garren
Motion carried.
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(a) Mayor's Choice
(i) Mayor Bwm recalled that it was discussed briefiy at the dinner, the Rail·
VolUlion Conference budget issue. The Rail· Volution Conference is being held in Dallas in a couple of
weeks, he said. Next year it will be in Deover and wc are helping to fund the Rail· Volution Conference in
Denver, so we were urged by our staff and others to have some of us aucnd this conference .
Council Member Habenicht asked if thclc could be considcml all al one ti.me, siDa: Council Member
Nabbolz had to leave .
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Council Member Bradshaw asked why Mayor Bwns • cost more . She asked if it was for airfare . Mayor
Burns said he did not know, since he did not make the arrangements. Council Member Habenicht joked
that they are only bringing one of us back .
COUNCll. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO LET MAYOR
BURNS, COUNCll. MEMBER HABENICHT AND COUNCll. MEMBER NABBOLZ A 'ITEND
THE RAIL-VOLUTION CONFERENCE AND ASK TBA T THEY BOLD THEIR EXPENSES TO
AMINIMUM.
Motion carried .
Ayes:
Nays :
Absent:
Council Members Bradshaw. Habenicht. Waggoner. Grazulis. Bums
Nooe
Council Members Nabholz. Garrett
(ii) Mayor Bums said that the 28S median west of Broadway has been weeded and
looks a grcal deal better.
(iii) Mayor Bums said be ancnded the second annual Transportalion Summit this
afternoon down al the old Supreme Court Cbamben. which was hosted by the Denver Chamber of
Commerce. It was very interesting. be said. They have the congressional delegation there. along with the
Governor and Mayor Webb about all the transponalion issues. They gave some background about funding
of them, and everyone who is iDICrclled in transpol1alioo -in the audience. It gives you a very good
overview of the whole picture, be said. swliDg al the federal level on down. We have a few members of
our delegation who are not exactly in our corner oo light rail . Congressman Helfer from Douglas County
suppons the transporWion mcasuR for the Governor, but does not suppon light rail. which makes people
in the Southeast Corridor get just a little bit uptight. Mayor Bums said Tom Tanacdo is consistent. and is
helping us get S4S million for the Southwest Corridor this year for RTD. but lli1I does not really believe in
lighl rail . He believes it is too cxpensi'YC and wanaa to ICC bow the Soulbwat Corridor performs. as be bas
said before. A lot of critics of light rail say it does DOl meet the ridenhip projections thal were originally
estimaled, and be says even if you get all the riders in the world. the only way be is going to say it works is
if it diminishes the ttaffic Dow on South Sanla Fe. Mayor Bums said be does not know if it will ever do
that. The theme is multi-modal lrall5pnrtalion, all difl'erenl kinds of elements working together. Mayor
Burns opined that Mr. Tancrcdo thinks light rail bas to solve all of your problems. and if it does not. it is a
failure. He said that Mark Udall is in favor of the concepts. but does not think that the northwest area is
gelling enough out of the transponalion issue, so you can really sec where all of them are coming from .
Ben Campbell is very well positioned on the appropriations committee in the Senale. and has been very
helpful to about everybody in that position, he said. Mayor Bums added that Senalor Allard was not there
and Governor Owens gave a pitch as to why he thinks the transponation and the light rail should pass. and
very much inlcgrated those two together, as did Mayor Webb, who also gave a pitch for the East and the
West Corridors. So, there was a variety of cxpl'CS5ion down there, but an awful lot of people who suppon
transit. he said. allowing that be had to leave before all of the rcmarb from the delegation . Mayor Bums
said it is an inlcrcsting conference, which does not last very long, but there was a IOI of information given
in a very shon period of time . The nice thing. be said. is that everyone is there who is working on this .
You start from the White House on down for new starts on transit funding. he said. rccalling that Tom
T ancrcdo said bow difficult it is to get in line for the full funding grant agreement as we did several years
ago . Even if the measure passes on the ballot, you still have to get the approval through the congressional
process, which is not easy. This was a good overview of everything thal is happening down there, he said.
He passed around to Council a glossy depiction of all the difl'erent kinds of uansponalion projccU that are
being assisted by federal funding.
Council Member Bradshaw said it was pretty classy. Mayor Bums ag1Ced . He said it was the Denver
Chamber and some of those folks . He said Joe Blake was the moderator and is the new dirc:ctor of the
Denver Chamber of Conunerce.
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Englewood City Council
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(b) Council Member's Choice
(i) Council Member Bradshaw:
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I . She said she bad a rcquesl from a citiz.c:o. who she thought gradualcd from Englewood High
School in 1937 and rally~ the hillory. She said be was coocemcd that our Historical Society is son
of limping along. They did 11111 get their grant. and yet we have the money to subsidize MOA and David
Taylor Daooe, so his conc:em was that maybe we occd to put that to a vote of the people of Englewood, she
said. She told him 1h11 she would bring that up under Council Members' Choice on subsidizing the ans.
2. She said lbcre was a new use for the church on University and Dartmouth. She said it is a Korean
Church. and the property is really looking good and it reinforces the fact that she knows she made the right
decision on that. She said she feels really confident
Mayor Bums said Council all fdt they made the right decision on that one .
3. She said lbcre were a couple of things on Code Enforcement She said she does noc know wha1
can be done, and she was not going to mention the address publicly , but this has been a chronic problem for
eight years . She said she gets memos back saying that we have talked to this person. but Ms . Bradshaw
said she feels we are beyond the talking stage . The whole fron1 yard is full of weeds. and she said she
would just give that to City Manager Sears. She said she has not bad any trouble with Code Enforccmen1
people. she has always bad excdlent cooperation, but her concern with them is that this is a chronic
problem. It is the only bad property in that block and it sticks out like a sore thumb . She asserted that
Code Enforcement is important, and when you have a nice neighborhood. an R-1-A neighborhood. ii 1s
imponanl that wc mainlain high standards. LClling these guys slide by for eight years is oot mainlaining
bigb ltalldardl, sbc said. She said sbc knows Code Enforcement Offic:cr Parsons is working with another
acigbbor in aootber block, 11111 lbcre have been woadcrful resulll. The people are lrimming lra:S. she said.
md when wc go for walks wc ICU them that looks pall, and that is pan of being in a cornDMmity , too. This
ooe addraa is cbroaic, it bas been chronic for a long lime, they used to paint cars lbcre because you could
smell the paim. sbc recalJed, 11111 it bu clerelict vehicles and is just a mess. Code enforcement is to help all
of III have a good quality of life, she llid. I do not dream these up, people call me because they said they
have not bad good respoue, she said.
4. She said 1be Rm meeting was pretty interesting on Wednesday , but she has a concern that they
are just appeasing ll this point She said she hopes not, but her guts are telling her that facility is going to
end up in Englewood. md she does not want to see that.
(ii) Council Member Grazulis reminded everyone that the Depot sale is September
I,-, 1s• and I~ from 10 :00a.m. to 4:00 p.m. She said she noticed that she had a yard full of things on
Monday with business cards because she was DOI there to take their calls to pick it up . so they just dropped
it off'. She said she hopes Code Enforcement does not get after her for having things all over her yard
again. She said she is willing to take all things down to the Depot and they will be having a sale to raise
money to refurbish the inside.
Council Member Waggoner asked if there is some way that we can speed up the process without havtng to
wait for sales. Can't we loan them some money and recoup from sales or something, he asked.
Council Member Habenicht said she knows there have been some meetings held between the City in tcnns
of the Friends of the Library and the Library Board, and the Cultural Arts Commission and Parks and
Recreation . These group1 that have approached the City and want to be a pan of the his&oric depot and the
Historical Society and also pull in Public Works and Parks and R.ecrealion . These meetings have been
moving on in ICl'DII of ICCing the kinda of inpm that would wort besa for everybody. Ms . Habenicht said
she wondered if it would be poaible for the City to provide some sort of funding, at least in the beginning,
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to do some sort of appraisal of that building and what it would cost to bring it up to being used . Then:
could be a shared use between the City and the Historical Society and other groups that could utilize the
space, she said, so they could start really having something going on there. program wise. so thal there
would be more fuodraisiog capabilities.
Council Member Bradshaw said she is worried about vandalism. Ms . Habenicht said that would probably
be about $3.000.00 to $4,000.00 ifwe could alllhorize that that could be done. Council Member Waggoner
said it takes more than that to refwbish il Ms . Habenicht said no ... Ms . Bradshaw said to get the electrical
going.
City Manager Scan said one of the coocems is tbat there really is DOI an architectural review of what needs
to bappco to tbat building. and whal typCS of wort needs to go in. especially to the basement or the stairs.
He said be ubd Dircc:tor Ross to look al some issues there. and we may have some drainage problems
also. We have done a great job with the pub over there, but it may actually cootribuie. he said. What we
are missing right now is some type of an:bitcctural review of what types of things can go in there. both up
above and down below. He said they relied upon volunteers to give them some estimalcs. but we need to
have professional review of what can go on there. Council Member Bradshaw asked if that is not what the
Colorado Historical Society can do. Mr. Scars said they did DOI get the grant. Ms. Bradshaw said she
knows, but asked if they can not be advisors.
Council Member Habenichl said ooe of the lhiop they are aying to do is perhaps have some sort of
partnership going. so there can IClllllly be 10111C programming capabilities that could be utilized with the
City there .
Council Member Wagoacr said you can DO( do anything in tbere Wlli1 it is fixed. He said bis push would
be to get ii fixed . Council Member Bradshaw said we occd to do it now . Council Member Habenicht said
she is suggesting thal, wbco sbc !all spollc to Cily Manager Scars, he recommended that as the fusa step.
Mr. Scars said he did not mow ,wbal ii would cost. but suggested that $4,000.00 would allow us to at least
get some archi1cc:twaJ review, and to come back to Council with a proposal and maybe even help us with a
grant for next year.
CouocU Member Waggoner said this bas been sining there for three or four years and ooching is happening.
Mayor Burns said various things have bappeocd. but the big thing was the granl He asked Council
Member Habenicht if they had said they lcamcd enough in this year that they would have a better chance of
getting ii oexl year. Ms. Habenicht said they were hoping. if not this year. al lc8lt within two or three
years. Council Member Grazulis said yes. two or three years. and it would be nice to get something on the
board so we would know what direction we were beaded.
CounciJ Member Habenicht said lhcrc: bas been advice given that if we move this idea of the different
groups pulling togctbcr in that site, it could actually eobaocc the programming funding. which would be
really fantastic.
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE
CITY MANAGER TO HIRE AN .ARCHITECTURAL FIRM TO DO SOME INVESTIGATIVE
SITE PLANNING ON THE DEPOT.
Ayes: CounciJ Members Bradshaw. Habenicht. Waggoner. Grazulis. Bums
Nays: Nooe
Absent: Council Members Nabholz, Garren
Motion carried.
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Ea&kwood City Council
September 7, 1999
Pace29
(iii) Council Member Waggoner addressed the collUIICIIU of Mr. Noyes. who said
the City owned the property and we foraxl him to give the property to the City, before we would give him
a building permit Mr. Waggoner surmised that that was because of the Masli:r StRet Plan. and the City
was doing that years ago . You could not build a building llllless it was on a dcdicaled righl~f-way. We
were forcing property owners. and a lol of them were in IIOl'lhwea Englcwood, to donaae the property for
the meet before we would illuc a building permit Mr. Waggoaa-fdt sure the property be was talking
about is for meet righl-ol-way, and anything on tbal SlrCel righl~f-way is assessable to the adjace111
property, which would be him .
AssiSlallt City Aaorney Reid said that is being looked into. because we have aa least some information from
our office, and from the Public Worts office, but we are aying to nail it down to exactl)' what be did.
Mr. Waggoner said it is not essentially a dedication. because it is not by plat it would be a qwt claim deed
for that property. Ms . Reid said we have just barel y touched on iL but her Wldersaanding was he did 11 and
for some reason they did not put the sareet in. Council Member Waggoner said there is no reason. then.
why we could not vacate iL Ms. Reid said be asked for it back, and the City Attorney at that time said no.
so we have little pieces, but not the whole Slory . Mr. Waggoner said the StRelS in thal area are now in
place and we ought to be able to delermine whether or not we are going to need that right~f-way. If we do
not need the right~f-way, there is no reason why we can 't deed it back to him. he said.
Mayor Bums said we will just await further information on iL
(iv) Council Member Habenicht:
I . She thanked everyone for the opportunity to attend the Rail-Volution Conference . She said she is
really looking forward to iL One of the things tbal will be a pan ofthat. and will be very pertinenl to us. is
tbal there will be fidd trips to cenaiD llaDsif oriented development sites tbal are boch UDdcr way and that
have taken place and are 1WOllwlg in tams of mixed UIC developmenl She said il will be very hdpful to
see what type or retailers are going illto thele. with the housing and aD of that. She said she will be able to
come back by the 2~ with some n:al informal.ion about what has been done and what can be done. so when
we are talking about whal is possible It our site, il will be very hdpful .
Mayor Bums said they go aft.er the 2~. Ms . Habenicht said that is righL we will be back by the 30"'.
2. She said there was a rcquc:sa from Galen Smith of the Lions Oub, who docs the train. and he is
concemcd about some buckling asphalt in the area of the park. He is concerned about tripping haz.ards .
3. She said she spoke with a rcsideDl from the Meridian who was concerned because she likes to take
the buses up to Central City, which used to stop in the Phar Mor lot . She was told the City said that could
not happen anymore . Ms . Habenicht asked who makes the determination on where the buses can go .
Maybe if there is a real int.erat among the senior population. maybe we should look at a Slop. if not by Phar
Mor, maybe over by the Malley Center, she suggc:stcd .
4. She said she has heard nimors in the community that there is a concern that some of the programs
coming in, such as David Taylor and MOA, in tenns of those competing with, or harming. or in anyway
doing away with current programs we have in Pa,b and Recreation .
Mayor Bums said this issue has been raised several times. Ms . Bradshaw said it has been answered no .
Ms . Habenicht said she wanlCd to be sure that we are real clear about tbal
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September 7, 1999
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(a) City Manager Sean asked Ms. Habenicht if that was a priva&e bus company that she was
talking about. c.ouncil Member Bradshaw said it was like Peoples' Choice., or something like thal
(b) City Manager Sean said there wa some good news in the meeting. as a result of the
clilCUllioo we bad wilh Rm and wilh Crawfords. He said be did DOI have the ddails, as tbey arc still
being dilcuaed, but there have been extmsive clilCIISlioas wilh both Cal Marsella and RID and the
Crawfords about IIOllle IOl't al joint UIC OD tbal lite. Applrenlly tbey have been working through the ·
poaibility of making tbal happen. It SOUDds like tbey arc wortiag very closely al this point in time, be
aid, allbougb be bad aocbiDg formal to praeal to Couacil It loob like tbey have both taken to heart the
dinaioG from the City, 111d City CouDcil, to really pull dlil topdla' and the Crawfords ICCmcd very
optimillic: about IIOlllelhiag blppmiag there. Mr. Sean aid be jull wanted to report tbal the negotiation is
on-going. We still arc planning to pul together a leacr OD the EIS to come back to Council for the 2011t. be
said.
(c) City Manager Sean said be wanted to reiterate that we arc going to have a discussion on
traffic: next Monday aigbt. mainly to focus on Union, Quincy and Kenyon . Right now, just to let the
newspaper know that that discussion is going to happen. we arc DOI going to do any other flyers or
discussion, be said. He said that DiRlc:tor Roa is prepared to talk about some alternatives for those streets.
(d) City Manager Sean said~ Manager Kahm bad let him know lhis afternoon
1h11 the project acnm the 11rect ia Finl C11L He aid be can 11111 tbank the swr enough, Director Simpson
in pll1icular for all the wwtt 1h11 be Im bcea doill&, and Mr. Kahm is jllll doing a fabulous job oC making
1h11 project bappm CMr tbcre, 111d uepiq our Clllllrllctol'I in shape. He said be wanted to say thanks to
Mr. Kahm and to the lal altbe rlldllhll alloM bim 111d Mr. Si.mplon to do the work. Apparently we arc
Finl to have a COIIIIOClioe CIIIID Ellli Siner, 111d we arc ,oiq to have Elali sh .. down over the course al
tbe IICllt 'MCk, be said, ..._ dime IR WIJ deep ewen. Tbe Dlllice lhal we go1 wa a litde bit sboner
dllll we would have all liud, IIC llid, lllll lbe project COllliauel OD and we will pt IIOllle type of aotific:alion
to Ille -l!pllpCI' 111d 10 -,body ia City Hall • to exactly bow long it is going to be shut down.
14 . City Atteney'1 llepel1
Assistant City Aaomey Reid did 11111 have any maacn to bring before Council.
15. Adjoll.-
s MOVED TO ADJOURN. The meeting adjowncd al 10:07 p.m.
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PROCLAMATION
~~ WHEREAS, Jo se Anselmo Medina, an Englewood resident and World War I
Veteran, was recently honored with a French Legion of Honor Medal, France's ~ ~
highest award; and ~ r
WHEREAS, as part of the SO'h anniversary of the armistice that ended the "war to
end all wars," France is honoring the surviving American soldiers who served in France; and
WHEREAS, Mr. Medina was stationed in France during World War I as part of th e American
Expeditionary Force, and he received the medal to show the appreciation of every French citize n for the
American effort to help the Allies win World War I; and
WHEREAS, Mr. Medina has lived in Englewood fo r over 50 hears, and hi fo ur childre n are lo n g-
time residents, as well; and
WHEREAS, many of Mr. Medina's family me mbers ha ve followed in hi foots teps: hi ss n . Sa m ,
served in World War ll; his son, Robert, served in Korea ; two grandsons se rved in the a rm ed fo rces ; and
his great-granddaughter is in the service now; and
WHEREAS, the Englewood City Council wishes to hono r Mr. Medina and co ngratulate him for
receiving the French Legion of Honor Medal;
NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado, hereby take g rea t
pride in hono ring Mr . Medina, who served our Country, and our Country's Allie so well during Wo rld
War I, and hereby congratulate
Mr. Jose Medina, Englewood's own Chevalier of
France's National Order of the Legion of Honor
ADOPTED AND APPROVED this 20'h day of September, 1999 .
Thomas J. Bums, Mayor Beverly J. Brad shaw, Council Member
Alexandra Habenicht, Mayor Pro Tern Douglas Garrett, Cou ncil Member
Julie A. Grazulis, Council Member
Ann Nabholz, Council Member
Kells Waggoner, Council Member
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
SEPTEMBER 20, 1999
A,
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NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE
MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS
PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC
OF COMMENT.
PLEASE PRINT
NAME
CCS1GN1
ADDRESS TOPIC
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WHEREAS wndd p~Watinn • p~e:d:L ::. :c: ::,: Uri, ~a, a ~ ~
trebling of the planet's human numbers withm this century and an event tha t wdl ~
symbolically recognized on the Twelfth of October; and
WHEREAS, state and local jurisdictions, including the City of Englewood. Colorado are
confronted with environmental and societal challenges such as water shortages, traffic co nge s tion ,
inner city deterioration, curtailment of basic services, climate change and the s pread of mfectt o us diseases ; and
WHEREAS , these challenges are inextricably linked to patterns of co n s id e r a bl e demographic
change, such as areas west of the Mississippi River doubling i n popula t io n size as r a pidly a Afnca. the world's fastest growing region; and
WHEREAS, urban areas historically have served as ce nte r of trade . tran po r tation . md usti·y
and markets , providing the economic and cultural dive rs ity and vitality that ofte n define the ,·ery
nation or region in which they are located: and
WHEREAS , the detrimental aspects of urbamzation are most seve r e i.n de velop111g co untrie
where grinding poverty and lack of resources compound thetr impact . but mdu s triahzed co unt ries.
with their consumptive lifestyles, are also e xtrem e ly vulnerable to their co n se quences : a nd
WHEREAS, urban areas of the industrialized world are expected to absorb ove r on e billion
additional people in the final quarter of the 20•h century and a nothe r two billion in the first quarter of the 21 " century; and
WHEREAS, over 50 percent of the world 's more than six billi on peopl e a re e xp ected to li ve m
urban areas early in the next century and by the year 2020 urba n population 1s projected to e xceed fiv e b1Uion , or 61 percent of the world total ; and
WHEREAS, the challenges of rapid population growth and urbanization ca ll for innovative
leaders hip to ensure resource conservation, protection of open s pace, was t e prevention. sanitation m a nagement and a higher quality of life ;
NOW THEREFORE, 1, Thomas J. Burns. Mayor of the City of Englewoo d . Co lor ado, h e reby
procl a im the week of October 10th through l6t1,. 1999. a :
WORLD POPULATION AWARENESS WEEK
in the City of Englewood , Colorado. I urge a ll of our citizens to pa rtici pate appro priately in its
observance and to reflect upon urban population challenges.
GIVEN under my hand and seal this 20th day of September, 1998 .
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Thomas J . Burns , Mayor
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Pr1n·~: x · Recyc!ed ?3Qer . ,;_~
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PUBLIC HEARING ROSTER
SEPTEMBER 20, 1999
AGENDA ITEM NO. la
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PU8LIC HW BEFORE THE ENGLEWOOD CITY COUNCIL
TO GATHER CITIZEN INPUT REGARDING:
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THE PROPOSED .. IIUDGl!T FOR THE CITY OF ENGLEWOOD
NAME ADDRESS
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09 /20 /99 KO N 13:27 FAX
PROOFOFPUBUCATION
THE
ENGLEWOOD HERALD
STATE OF COLC;w)()
COUNTY OF ARAPAHOE
ss
I, n-a E. lpar9ur, do IOlemnlY
IWNl' INI I am the,........, of the
Enpewood llenld
and ll'lal the -ii a -WV-..
per publilhed in IN dl:t of LIIIIIICll't in
... C-'Y of Atapalloe, ..... of
Colorado, and hll a gMllal CilQllalloll
INNin; lhal aald ,-epaper Ila bNn
~ conlinuOUlly and Ulli*ffllPl·
edlV In 1111d Counly of Anpllloe tar •
periDd of fflOl9 1han 52 weka prior ID
the Int publication of lie anNUd
nolloe; lhal uld IWWlpap9I' ii IIUl'ed in
IN Poll Olllce ol LIWllon, Colorado,
u Second Clau h1ail malllf and that
Ille Aid MWIP&P• la • MWIP&I*
willlin 1"' meani1g ol the &Cl ot the
General Aaumbly of !tie Stale of
Colorado, approved March 30, 11n3,
and entitled "\Apl Nod-. and
Mwenln .... -and aitw ac11 191al·
Ing ID lie printing and publilhing cl legal
nolicN and WU putllilhed in IN l9gular
and ... --of Mid ,-.paper.
once eadl WNII, on Ille -day ol
Ndl .... for. peliOd of
· I conMCUliv• inNltiona and 11\al ~ publlcalion ol uid notice WU in
~;'~-qperdated
,~lt'/1999
Sublcribed and sworn IO belal9
11111, a Nalary Pullllc, ltU /?'~
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-"-QICIAM CIIWCIIIII ----~C-111110
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10 bi
ORDINANCE NO . §J_
SERIES OF 1999
BY AUTHORITY
COU N CIL BILL NO . 54
I NTROD U CED BY COUNC IL
MEMBER WAGGO NER
AN ORDINANCE APPROVING S UPPLEMENT NO . 144 TO THE SO UTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE I NC L US IO N OF
LAND WITHIN THE DISTRICT BO U NDARIES.
WHEREAS, Southgate Sanitation Di strict recommends the inclus ion of a r esi den ce
currently on septic on approximately 2.5 acres i nto the Di strict; and
WHEREAS, said inclusion is located in Greenwood Village north of East Or cha rd
Avenue, south of Belleview and west of Co lora do Boulevard (3801 East Al e xa nd e r
Avenue); and
WHEREAS , the zoning of this property in Greenwood Village is for a s ingle-family
residence and the proposed use is to remain the same ; and
WHEREAS , said annexation of this additional parcel of land will not increase the
tap allocation to the Southgate Sanitation District; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of
Supplement No . 144 to the Southgate Sanitation District at the August 17 , 1999
meeting;
NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon I. The Agreement between the City of Englewood and Southgate
Sarutation Di s trict entitled "Supple ment No . 144 , to Connector's Agreement", which
includes approximately 2 .5 acres located in Greenwood Village north of East Orcha rd
Av e nue , south of Be ll e view and west of Colorado Boulevard (3801 East Alex a nder
Av e nue), ts hereby accepted and approved by the Englewood City Council . A cop y of
s aid Agree ment is attached hereto as "Exhibit l " and incorporated herein by reference .
Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest,
res pectively, the s aid Agreement for and on behalf of the City Council and the City of
Englewood , Colorado .
Introduce d , read in full , and passed on first reading on the 7th day of September,
1999 .
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Published as a Bill for an Ordinance on the 10th day of September, 1999.
Read by title and passed on final reading on the 20th day of September, 1999.
Published by title as Ordinance No . _, Series of 1999, on the 24th day of
September, 1999 .
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 1999.
Loucrishia A. Ellis
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SUPPLEMENT NO • .l..!::i.::f._ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter
called the ·city," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties, Colorado. hereinafter called the '"District,"
WITNESSETH:
WHEREAS, on the 20th day of June. 1961 . the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the Disl!ic:'s
sanitary sewer system within the area served by the District. which Agreement was most
recently renewed by Connector's Agreement dated November 16 . 1988 ; and
WHEREAS, said Connector's Agreement provides that ttie distnc: may not
enlarge its service area without the wntten consent of the C,ty ;
NOW, THEREFORE. in cons1derat 1on of the mutua l covenants and
undertakings herein set forth . the parties agree as follows :
1. The City hereby consents to the ,nc!us,cn cf ce11a1n add itional area
located in Arapahoe County, Colorado . owned by Joanne K.B. Sender and mere fully
described on Exhibit A attachea hereto and ,ncorporate,;I here in by reference . into
Southgate Sanitation Distnct. The City agrees that said acd tticn al area may be served with
the sewer facilities of the Distnct . and that the C,ty WIii treat the sewage di sc harged into the
City's trunk line from said additlonal area . all ,n accordance w1th the Connec:or's Agreement
dated November 16 , 1988. Ac:ordingly . E.,h1b1t A reierred :o ,n Paragraph 1 of the
Connector's Agreement dated November 16 . 1988 , 1s hereby amended to inc!ude such
additional area .
2. Each and every other provision of th e said Connec:or's Agreement
dated November 16, 1968, snail remain unchanged .
IN WITNESS WHEREOF, the parties have se t he ir hands and sea ls this
__ day of __ • 19_
ATTEST .
CITY CLERK
(SEAL)
ATTEST:1 4,-....... ~~' ~ ECRETAR~
(SEAL)
CITY OF ENGLEWOOD
By :---------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
By :~~~
PRESIDENT "'
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EXHIBIT A
(Legal Description)
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The West 1/2 of Block 280,
South Denver Gardens,
County of Arapahoe,
State of Colorado
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RESOLUTION NO . J:L
SERIES OF 1999
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR PLAYGROUND
EQUIPMENT FOR BELLEVIEW PARK INSTEAD OF THE COMPETITIVE BID PROCESS
UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF
THE ENGLEWOOD MUNICIPAL CODE 1985 .
WHEREAS, Englewood's Parks all have themes for each individual park with Belleview
Park having an airplane or space theme ; and
WHEREAS, the missile was moved and the space net wa s removed leaving a large area
at the Belleview Park playground for new playground module ; and
WHEREAS , Ermold Park and Recreation Products , Inc. does manufacture a piece of
equipment which will be in keeping with the space theme as well as me eting part of ADA
requirements by installing a rubber mat; and
WHEREAS , due to the uniqueness of the space theme play module Ermold Pa rk and
Recreation Products, Inc. is the sole source; and
WHEREAS, the City Council of the City of Englewood approved funding for the purchase
of playground equipment for the Parks and Recreation Department as part of the 1999
Budget; and
WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 ,
Englewood Municipal Code 1985, allow contracts for public works or improvements to be
negotiated, provided that contracts for which no competitive bids have been requested have
been approved by resolution which shall declare the reason for exception to the competitive
bidding requirement;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjon J. The Englewood Parks & Recreation Department is hereby authorized to
negotiate a contract for purchase and installation of playground equipment for Belleview
Park with Ermold Park and Recreation Products , Inc. in the amount of $27 ,443 .18 , in lieu
of the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule
Charter and Section 4-1-3-1 , Englewood Municipal Code 1985 .
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Sectjon 2. The City Manager is hereby authorized to enter into a contract for playground
equipment for Belleview Park with Ermold Park and Recreation Products , Inc.
ADOPTED AND APPROVED this 20th day of September, 1999 .
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the
above is a true copy of Resolution No.~ Series of 1999.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
September 20, 1999 Purchase of Playground
10 Ci Eauioment
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Dave Lee. Manager of Open Soace
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved the purchase of playground equipment for various
parks.
RECOMMENDED ACTION
Staff recommends Council approve by resolution the purchase of a playground module
from Ermold Park & Recreation Products , Inc.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A new playground module is slated to be placed in Belleview Park in the location where
the missile was located. This new playground module will replace the missile as a play
apparatus. As part of ADA requirements, a rubber mat is to be installed.
In the past, Englewood's parks had themes to each individual park. Belleview Park had
a space theme with the missile. Staff would like to maintain the theme of the park with a
piece of equipment that has a space design. In order to do so the proposed playground
equipment is to be sole sourced due to the uniqueness of the play module .
FINANCIAL IMPACT
Cost of Module
Installation
Cushiondeck
Total Cost
LIST OF ATTACHMENTS
Proposed Resolution
Bid Proposal
Memorandum
$13,453.00
$3,766.84
$10,223.34
$27,443.18
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Sep 14 99 10:41a Recreational Center 303-762-2688 p.2
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MEMQB6NQUM
TO :
FROM:
DA1'c:
SUBJECT:
JcrreU Black , Parts & Recreation Dircc1or
Dave Lee , Manager of Open Space '.\)1.,
July 16. 1999
Playground Equipmen1 So le Soun:e
~ol ...... anc!R_,
1155-0-A-.
Englewooci, Coiofado 80110
F'hone (303) '182-211110
FAX (303) 712.2911
We currently have fund.• in the 1999 Parlcs Budge1 for playground additions and renovations . Staff is
considering adding a new playground piece in Belleview Park in the location where the miuil e used 10 be
si1W11ed on the ground . The location is just soulhwcst of shelter #I.
In the past , Englewood's Parks all had themes lo each individual park . Belleview Part had a space theme
with the missile . Staff would like to purchase a play module that maintains the space Iheme for the park .
In comparing all of the playground manufacturer catalogs, ii is evideo1 lhat each manufacturer produces
playground equipmon1 that is exclusive in desi&n and componenlS from all other manufacturers . In other
wnrds. !here arc no 1wo manufacturers lhar produce 1he same piece of modular playground C<juipmeni.
I have spoken 10 Beuy Goosman regarding tins and she suggested lhal we sole source this piece of
equipmenl with your and Gary Sears approval . 1ne tolal cost of the playground equipment including
installation is $27,443 .18. Keep in mind that approJ.ima1cly 37% of the 1otal cos1 is for lhe poured in place
rubber . This is IO accommodate handicap lk:ccss lo the playground equipment . I believe tha1 arc costs are
reasonable for Ibis lype of equipment.
Pnr'llea en Recyc!N Paper.~
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Sep l'I 99 10:'12a Recreational Center 303-762-2688
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Memorandum
To : Dave Lee. Manager of Open Sp:icc
CC : Steve L115lcy. Parks Supervisor
From : Greg fink. M.w11enance Specialist
Oale: Jwte 7. 1999
Re: Belle\ iew P:lrlc Playground
In the beginning most of the C11y of Englewood Parks playgrowlds ba<l 1hemes. Al Belleview it was
auplanes or i;pace Jason II was Mother Goose. Centennial it was nauucal . Rotolo w:1s
tran5p0nauon. Cushing was numng or old west. Most of tlus was created by home built
playgrOWld equipment Iha! is no lonpr ~ due 10 liability and safety . for thc past few yean
we h:1\-e IC1IICMd or rcpb:cd this equipment with a more SWJdard and generic form of playground
module.
We have a tarae = at the Bclle\i ew Pant playground that needs cqwpmem due 10 the mov111& of
the 1D1sstle and removal of a spoce net that we could no longer repair. Al this ume I would Im ID
mgaesi we u y ID ~lace tlus equipment ,-;th a piece th.it follows the spice thcme . To clo so we
would ha\·c to ~-this equipment from one company bcc:iuse not all pl ay ""°Wld eqwpmcnt
supphers o1fcr "·hat we would need I am aaaching a site plan and some information on eqwpmcm
that I sugg,m . The pnce will include installation and ADA swfacing.
The COmpwty that ] suggest IS the:
BC! Burke Company . LLC
660 Van Dyne RO;Jd
P.O. Box 5-'9
fond du L;ic WI 5-1 93 6-0 5-'9
Their regional supplier ,s :
Ennokl P:irk :ind Recreation Product5 Inc .
P.O. Box HO
Easllake CO 806 1-'
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Sep 14 99 10:42•
Jul 13 99 tl:30a
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Recreational Center
Cit~ or Encle•ood
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303-762 -2688
303-762-2669
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DMOUJ PdK a u.cDA DON ,_..,C'JS. IN<"-
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DA TE: ~ 12. 1999
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Jul 13 99 11:31a
R•cr•ational C•nt•r
Cit~ or Encl•wood
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303-?62-2688
303-762 -2669
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PIOE t<J . : I Jil3 -2396 Jul. 13 1999 t0:4&A1 Pl
DCI BURKE MODULAR PI..AYSYSI'EM 06/10/99
lAl.,L PRICES LIST •) PLA.Yr.ROUNO SYSTEM ,,284
PART NUMBER
200 -ooils
200-0066
200 -0015
300 -0084
300-0086
300 -00U
300-0091
,00-00,s
,oo-oo•r.
,00-0100
600-010)
100-oos,
800-0059
100 -00'2
100 -0064
800-0068
800-0069
100-0011
800-0072
800-0074
800-0090
DESCRIPTION WEIGHT
KIO wstff.lf wJiWilitl: fol> Us
KID KAPSULE 300
KAPSIJLE ll/'81188LB AT GU%)£ llO
X·LOllC KAPSULE LOOP CLlMUEII 138
LONG !CAPSULE' IJX>P llUIIG LADCBR 1 0 D
LONG KAPSUU: RUNC LADDER 56
TRIM RING 20
POST ASSEMBLY FOR 1<APSUL£ 75
ICA1'SULli A11CHOR 4 o
INSTALtATION KIT C 5
MA INTDAIICE IUT s
!JP/~ TUNNEL 51
CIRCLE PAIIEL S
TUBS IILIDS 40/48 DPSULE 103
S RT TUBI SLIDE 43/tB KAPSUI.£ 109
WIJll)OII fOII. !CAPSULE 6
BUBBLE llt1IDOW POJl IW'SULE 6
30 0£0 TUBE W/BlJBl. WI~W 19
GT WNL WINOOII P0R l<Al'SULE 42
S·TUNNII. FOR ICAPSULI:: 92
64-72in C t.2F'!' CHUTE 160
TOTALS --·-··•
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l 1,058
2 l. 5'6
2 2,101
l 498
1 589
l 211,
2 215
l 531
2 41.6
1 32)
1 0
1 574
l l4\
l 889
l 1.007
l 120
1 147
l 312
2 157
:I 880
l 1,033
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FOR SL ,Of F All ZONE il
SU~ACING AREA SH i
CONSUM(R PROOUCT
SAFETY COMMISSION
CUIOEU"IES
PLA Tf'()RM t1(1G11 fS ~qE
111 INCHES ABOVE R[SI L[N
MA T[RIAl
lH ,S S IRUCTVR( IS 0£ 51 GNI
FOR CltLDAfH A(;(
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Your Partner In Play ·
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Sep 14 99 10:47•
2000 I 3!, tO.A/ER
STIIUC U~E U~M
2000-IJ S UPP(R
~i~CTVl?E UNIT
Rec~eational Cente~ 303-762-2688
KIDK.APSULE·
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PLAY SYSTEMS
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RESOLUTION NO . fl_
SERIES OF 1999
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A RESOL TION APPROVING A COST OF LIVI. G ADJUSTMENT FOR :\1.-\c\A GERIAL .
S PERVISORY , CONFIDENTIAL. UNC LASSIFIED A D PART -TIME BEJ:\'EFIT -ELIG IBL E
EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2000 .
WHEREAS, by Charter amendment effective April 13 , 1981 , Cit.y Co uncil provid ed fo r the
establishment of managerial and supervisory employees within the service of the City o f
Englewood ; and
WHEREAS , by virtue of managerial and supervisory duties assigned to these pos itio n s by
the City Manager, it has been determined that they a re excluded fr om me mbe r hip .
participation or representation in any co llective ly bargained e mpl oyee system of t he City of
Englewood : and
WHEREAS, by Charter amendment effective April 13 , 19 8 1. Ci t y Co uncil pr onded fo r the
establ is hme nt of confidential employees within t he service of the City of Engle wood : a nd
.
WHEREAS , by virtue of the duties assigned to these pos itions by the City :\l a nager or the
City Attorney, it has been determined that they a r e co nfid entia l a nd therefo r e the City ma kes no
promise of continuous employment, perm a nent empl oy ment or a ny speci fic le ngth of e mploy me nt
and these employees are therefore excluded fr om membe r ship , partici pation or representation in
any collectively bargained employee syste m of the City of Englewood and a re exe mpt from the
Career Service System; and
WHEREAS. the Englewood Munic ipal Code. Section 3-1·3 provides for the est ablishme nt of
unclassified employees within the servi ce of the City of Englewood ; and
WHEREAS , by virtue of the se rvi ce status of e mployees determined to be uncl assified ,
benefits-eligible employees, it has been determined that the City makes no promi se of
continuous employment, permanent empl oy ment or any s pecific length of employment a nd these
employees are therefore excluded from me mber s lup , participation or represen ta tion in a n y
collectively bargained e mployee syst em of the Ci t y of Englewood and a r e exe mpt fr om the Car ee r
Service System; and
WHEREAS, part-time be nefit eligible e mployees are defin ed to be those working a n a ve r age
of less than 40 , but more that 20 hours per week ; a nd
WHEREAS, this Re solution replaces all previous reso lutions re lating t o compe nsation a nd
benefits for non-union employees. Benefits for all employees a r e d escribe d in d et a il in the
"Be ne fit Advantages'' booklet. which is upda t ed a nnually for open enrollment: a nd
WHEREAS , the City makes no promise of continuous employment, permanent e mployment
or any specific length of employment and these employees are therefore exclud ed from
me mbership , participation or representation in any collectively bargained employee system of
the City of Englewood and are exempt from the Career Service System: and
WHEREAS , this Resolution does not apply to Directors whose compensation is set by the
Ci t y Manager; a nd
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
September 20, 1999 2000 Cost of Living
10 c ii Adiustment
INmATEDBY:
Human Resources Deoartment I STAFF SOURCE:
Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
' ..
Council previously approved a resolution in 1998 granting 1999 wage increases of: 3 .5% for
Directors, managerial, supervisory, and confidential employees of the City of Englewood ; 3 .0% for
unclassified, benefits eligible and part-time, benefits eligible employees; 3 .0% for the City Manager,
the City Attorney and the Municipal Judge, and an additional 2 .0% wage increase for the City
Manager and the City Attorney as performance compensation .
RECOMMENDED ACTION
Staff requests Council approval of the attached resolution for a cost of living adjustment (COLA) for
calendar year 2000 for the following groups of employees :
Managerial and supervisory employees (General Services, Police and Fire)
Confidential employees
Part-time, benefit eligible employees
Unclassified, benefit eligible employees.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Employees covered by this resolution will receive the following increase on the1999 base wage
rate :
Managerial, supervisory and confidential employees:
Part-time, benefit-eligible and unclassified, benefit-eligible employees
3.25%
3.0%
The increase will be effective for the first paycheck in 2000 -January 6, 2000 .
FINANCIAL IMPACT
The projected impact of the COLA on wages for 2000 is approximately $237 ,602 .
LIST OF ATTACHMENTS
Proposed Resolution
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WHEREAS, this Resolution does not apply to the Municipal Court Administrator whose
compensation is set by the Municipal Judge ; and
WHEREAS, this Resolution does not apply to the City Manager, the City Attorney and the
Municipal Court Judge who are compensated by the City Council under separate resolutions :
and
WHEREAS, this Resolution does not apply to employees covered by a union in the City of
Englewood as they are compensated by contract under separate resolutions ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sectjon 1. The City Council of the City of Englewood . Colorado hereby approves the following
pay increases on the 1999 base wage rate effective for the first paycheck in 2000 with a pay
date of January 6, 2000, for the calendar year of 2000:
1) Managerial, supervisory, and confidential employees of the City of
Englewood · 3.25%.
2) Unclassified benefits eligible and part-time benefits-eligible employees of the City of
Englewood -3.0%.
ADOPTED AND APPROVED this 20th day of September, 1999.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above
is a true copy of Resolution No ._ Senes of 1999 .
Loucrishia A . Ellis
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ORDINANCE NO._
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 56
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 16, BY AMENDING CHAPTER 8, AND
AMENDING CHAPTER 4, BY THE ADDITION OF A NEW SECTION 23 , ENTITLED
"GROUP LlVING FACIUTIES." AND AMENDING CHAPTER 5. SECTION 5,
ENTITLED "PRIVATE OFF-STREET PARKING STANDARDS ," OF THE
ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS. group homes have become an issue with City Council and the residents
of Englewood over the past few years; and
WHEREAS . the issues with group homes concern the legality of group home use in
residential zone districts; and
WHEREAS, the State of Colorado has two departments which regulate group living
facilities : the Department of Human Services and the Department of Public Health
and Environment; and
WHEREAS , the Federal Government addreaaes the issue of group living through
the Fair Housing Amendment Act of 1988 ; and
WHEREAS . the Englewood Planning and Zoning Commission held Public H.,aring's
on May 18 , 1999, June 22 . 1999 and August 3, 1999 and after review made their
recommendation for passage of the proposed ordinance;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
S@ctjgp J. The Englewood City Council hereby amends Title 16 , Chapter 8,
Section l , of the Englewood Municipal Code , 1985, with the addition of the following
definitions, in alphabetical, order to the definitions as follows :
lfi-8-1 : DEFINITIONS:
99.YmlNQ !,~19 RQQMIHQ
HQYS&:
DETENTION FACILITY:
... hllil!HIIC etnt . . If • aingle swelling -·
and w. a ~ er mere ~·• raeme "here letlcing
ii pre Pilled, with er witihelft meele , far
eempewti.ea. ·campewtie11" ••, itleh1tle
maae:,, aert ieee , er et:her '-819 af , al1te ,
iftel1t1H111 Bed •d hre.W..• aperatiiaae .
DETENTION FACILITY INCLUDES (1)
FACILITIES FOR JUDICIALLY REQUIRED
DETENTION OR INCARCERATION OF
PEOPLE. WHERE INMATES AND
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DETAINEES ARE UNDER 24 HOUR
SUPERVISION BY SWORN OFFICERS,
EXCEPT WHEN ON AN APPROVED LEAVE,
OR (2) GROUP HOMES, HALF-WAY HOUSES,
OR ALTERNATIVES TO INCARCERATION
FOR INDIVIDUALS PREVIOUSLY
CONVICTED OF SEXUAL ASSAULTS,
SEXUAL ABUSE , OR OTHER SEX-RELATED
CRIMINAL OFFENSES OR (3) GROUP
HOMES, HALFWAY HOUSES. OR
ALTERNATIVES TO INCARCERATION
CONTAINING ANY INDMDUAL WHO WILL
BE SUBJECT TO THE ISSUANCE OF AN
ARREST OR ESCAPE WARRANT IF THEY
LEAVE THE FACILITY. PROVIDED THAT
THE USE OTHERWISE COMPLIES WITH
THIS DEFINITION. A DETENTION
FACILITY MAY INCLUDE, BY WAY OF
ILLUSTRATION, A PRISON, JAIL,
PROBATION CENTER. JUVENILE
DETENTION HOME , OR HALFWAY HOUSE.
DETENTION FACILITIES DO NOT QUALIFY
AS EITHER SMALL GROUP LIVING
FACILITIES, SMALL TREATMENT
FACILITIES, OR LARGE/SPECIAL
TREATMENT FACILITIES.
A FACILITY USED AS A LIVING Q UARTERS
FOR MORE THAN 4 STUDENTS ENROLLED
IN CLASSES OR ACTMTIES AT A
COLLEGE. UNIVERSITY OR BOARDING
SCHOOL. INCLUDING WITHOUT
LIMITATION A FRATERNITY OR SORORITY
HOUSE OWNED OR OPERATED BY AN
ENTITY OTHER THAN THE COLLEGE ,
UNIVERSITY, OR BOARDING SCHOOL.
h leac ee,m liuilie, 11r a •tmet pmt 11fa
faeiii" lieew~ or appra,ea as a ftllNilll h.em.e ,
imirmar, llllil 11f ll heme fllr the ages, 11r ll
1a u er11111ealal meateal lftfJii411ffiea .
.\tt illeirili1181; er "e €B) er mare peraeM
relekel 1s, hleetl , 111arrie1e, er adopt!iaa Ii, iBg '°''"''' ae • aiBgle hettaeJteepillg llmi, er a
pre11p afaet mere ihen fell!' (t~ peraene, whe
aeea Bel N telelea "' l,llll!d , 11111ffiege , 11r
aa11pli111t; liuiac klgeeher as a single
housekeepinc unit .
A faeili*' wherein the aperaMr ie noi le1.U,
relek4 '8 '-illihftSIIMa a11perviaed and ta
lieewa "' Ille s .. ee ans W heretll lllll 11111re
lh.111 elsht (8) lllmriehtela are pre,ided wiih
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GROUP LIVING FACIUTY:
HOUSJ!illOWI.
HOUSEHOLD:
a<)USEHOLD LMNG:
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ream , h•ul, s,eeial:i.11etl •ti aieeinc.15.ue care
ntl 111pe1 sisiea ill a fa:mil, enuiraltibea•.
RESIDENTIAL OCCUPANCY OF ALL OR
PART OF A STRUCTURE BY A GROUP OF
PEOPLE fflAT DOES NOT MEET THE
DEFINI110N OF HOUSEHOLD LMNG,
HOTEL. MOTEL, DETENTION FACILITY.
OR DORMITORY. IN GROUP LMNG
FACILmES , TENANCY IS ARRANGED ON
A MONTHLY OR LONGER BASIS, THERE
IS GENERALLY A COMMON EATING
AREA, AND THE SIZE OF THE GROUP
MAY BE LARGER THAN A FAMILY.
GROUP LlVING FACILITIES INCLUDE
SMALL GROUP LIVING FACILITIES.
SMALL TREATMENT FACILITIES . AND
LARGE/SPECIAL GROUP LIVING
FACILITIES .
!a fatml, liuistg tegcd,e.r ift a s ttlgle eh,eHtng
llllie, "iek ee111111cn aeeeoo te, anei eem men ttee
ef, liuiftc aetl eating areaa.
A HOUSEHOLD INCL UDES (1) ONE OR
MORE PERSONS RELATED BY BLOOD ,
MARRIAGE. ADOPTION, OR LEGAL
GUARDIANSHIP , INCLUDING FOSTER
CHILDREN, TOGETHER IN A DWEWNG
UNIT; OR (2) A GRO UP OF NOT MORE
THAN EIGHT PERSONS NOT RELATED BY
BLOOD, MARRIAGE . ADOPTION. OR
LEGAL GUARDI.Ai'lSHIP LMNG
TOGETHER IN A DWEWNG UNIT,
PROVIDED THAT SUCH GROUP DOES
NOT MEET THE DEFINITION OF
DORMITORY ; OR (3) TWO U NRELATED
PERSONS AND THEIR CHILDREN LMNG
TOGETHER IN A DWEWNG UNIT.
RESIDENTIAL OCC UPANCY OF ALL OR
PART OF A STRUCTURE BY AN
INDMDUAL OR A GROUP OF PEOPLE
WHO MEET THE DEFINITION OF A
HOUSEHOLD , AND WHERE TENANCY IS
ARRANGED ON A MONTH-TO-MONTH OR
LONGER BASIS .
la aenprail er f111Sli p1ddic •e ar iaelii!ttlio11
1-11 ae a ell11reft, lilsra.,, ptthlie , er pri, ak
eeheel, ..,ital er Mtmieip.U, ""' 11eS er
e,eralezl l11:lilti:i111, 1t!rt1cewe er la118 •efl far
p1tlJ1ie JSIIIJ.NC .
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LARGE/SPECIAL GROUP
UVING FACILITY:
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~ RESIDENCE FOR MORE THAN 8
UNRELATED INDMDUALS, AND ANY
RESIDENCE FOR UP TO 8 UNRELATED
INDIVIDUALS THAT DOES NOT MEET
THE DEFINITION OF "SMALL
TRBATMENT FACILITY" OR ·SMALL
GROUP LIVING FACILITY." IF ANY
INDIVIDUAL RESIDENT OF A GROUP
UVING FACILITY DOES NOT MEET THE
DEFINITION OF "SMALL TREATMENT
FACILITY RESIDENT' OR "SMALL GROUP
UVING FACILITY RESIDENT', THE
ENTIRE FACILITY SHALL BE CLASSIFIED
AS A LARGE/SPECIAL GROUP LIVING
FACILITY (RATHER THAN A SMALL
GROUP LIVING FACILITY OR SMALL
TREATMENT FACILITY). EXAMPLES OF
LARGE/SPECIAL GROUP LIVING
FACILITIES INCLUDE ANY OF THE
FOLLOWING BUT NOT LIMITED TO
THAT MEET THIS DEFINITION :
A SEC URE RESIDENTIAL
TREATMENT CENTER . AS
DEFINED IN C.R.S . § 26-6-102(9);
OR
2 . A SHELTER FOR HOMELESS
PERSONS ;OR
3 . A DORMITORY ; OR
4 . A ROOMING OR BOARDING
HOUSE ;OR
5 . A FRATERNITY OR SORORITY
HOUSE .
MEDICAL OR PSYCHOLOGICAL INCLUDES ANY INDMDUALIZED
TREATMENT: SERVICES RENDERED BY A MEDICAL
OR PSYCHOLOGICAL PROFESSIONAL OR
PAltA-PROFESSIONAL DIRECTLY TO A
RESIDENT OR GROUP OF RESIDENTS ON
A REGULAR OR REPEATED BASIS TO
ADDRESS A SPECIFIC MEDICAL OR
PSYCHOLOGICAL CONDITION
DIAGNOSED BY A MEDICAL OR
PSYCHOLOGICAL PROFESSIONAL. BUT
EXCLUDING (1) PHYSICAL THERAPY. (2)
OCCASIONAL MEDICAL OR NURSING
CARE TO ADDRESS NON-CHRONIC
AND NON-RECURRING CONDITIONS
SUCH AS COLDS. FLU, OR HOUSEHOLD
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SHELTER FOR HOMELESS
PERSONS :
SMALL GROUP UVING
FACILITY :
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INJURIES, AND (3) ASSISTANCE WITH
ROUTINE LIVlNG ACTIVITIES NOT
AIMED AT RECOVERY FROM A SPECIFIC
DIAGNOSED CONDmON.
Afl: imti•tttiaa far t:he ee11*iB11awa ., aeti
iighe eme af Ille a1etl ar inmm. ar a pleee af
NM far thaae allf&.riac ham!, Mtlartlers . h•I mi• illel!IIBBI faeilltiee fer alll'Sieal eme er
inetiNtieM far tee eare and ereaemeae af
meatal iHneaa , aleehaliem , er weaeiee
alldietiaa.
A FACILITY THAT PROVIDES
TEMPORARY LODGING IN SHARED
SLEEPING ROOMS , WITH OR WITHOUT
MEALS AND ANCILLARY SERVICES ON
THE PREMISES, TO PRIMARILY
HOMELESS PERSONS , FOR MORE THAN
FOUR WEEKS IN ANY CALENDAR YEAR .
A HOMELESS SHELTER DOES NOT
PROVIDE SUCH LODGING TO (1) ANY
INDMDUAL WHO HAS BEEN DIRECTED
BY ANY SOCIAL SERVICE AGENCY TO
LIVE IN A P UBLIC OR PRIVATE
INSTITUTION . OR (2) TO ANY PERSON
BEING DETAINED BY ANY LAW
ENFORCEMENT AGENCY PURS UANT TO
STATE OR FEDERAL LAW .
A RESIDENCE FOR UP TO EIGHT (8)
UNRELATED INDMDUALS . NONE OF
WHICH ARE RECEMNG ON-SITE
MEDICAL OR PSYCHOLOGICAL
TREATMENT , BUT SOME OR ALL OF
WHOM MAY BE RECEMNG ON-SITE
PHYSICAL ASSISTANCE WITH DAY-TO-
DAY LIVlNG ACTIVITIES . EXAMPLES OF
SMALL GROUP LIVING FACILITIES
INCLUDE ANY OF THE FOLLOWING
THAT MEET THIS DEFINITION:
1.
2.
A NON-PROFIT GROUP HOME
FOR THE AGED OR AN OWNER-
OCCUPIED GROUP HOME FOR
THE AGED , AS DEFINED IN
C.R.S . § 31-23-303(2)(8); OR
A STATE-LICENSED PERSONAL
CARE BOARDING HOME , AS
DEFINED IN C.R .S . § 25-27-101 :
OR
3. A STATE-LICENSED COMMUNITY
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RESIDENTIAL HOME FOR
PERSONS WITH
DEVELOPMENTAL
DISABIIJTIES , AS DEFINED IN
C.R.S . § 27-10.5-101 ; OR
4. A HOME PROVIDING
INDEPENDENT RESIDENTIAL
SUPPORT SERVICES FOR THE
DEVELOPMENTALLY DISABLED .
AS DEFINED IN C.R.S. § 27·10.5-
102(19); OR
5 . A STATE-LICENSED
RESIDENTIAL CHILD CARE
FACILITY, AS DEFINED IN C.R.S.
§ 26-6-102(8); OR
6 . A FAMILY CARE HOME , AS
DEFINED IN C.R.S . § 26·6·102(4):
7. A ROOMING OR BOARDING
HOUSE .
SMALL TREATMENT FACILITY : A RESIDENCE FOR UP TO 8 UNRELATED
INDMDUALS , SOME OR ALL OF WHOM
ARE RECEMNG ON-SITE MEDICAL OR
PSYCHOLOGICAL TREATMENT . IF ANY
INDMDUAL RESIDENT OF A GROUP
LIVING FACILITY WITH UP TO 8
UNRELATED INDMDUALS RECEIVES
ON.SITE MEDICAL OR PSYCHOLOGICAL
TREATMENT. THE ENTIRE FACILITY
SHALL BE CLASSIFIED AS A SMALL
TREATMENT FACILITY (RATHER THAN A
SMALL GROUP LIVING FACILITY).
EXAMPLES OF SMALL TREATMENT
FACILITIES SHALL INCLUDE ANY OF
THE FOLLOWING THAT MEET THIS
DEFINITION :
1. A NURSING HOME ; OR
2.
3 .
A NURSING FACILITY. AS
DEFINED IN C.R.S. § 26-4-103
(11); OR
INSTITUTIONS PROVIDING LIFE
CARE , AS DEFINED IN C.R.S . §
12·13·101 (5); OR
4. A PHYSICAUMENTAL
REHABILITATION HOME ; OR
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5 . A STATE-LICENSED GROUP
HOMEFORTHE
DEVELOPMENTALLY DISABLED ,
AS DEFINED IN C.R.S . § 31-23-
303(2)(a) ~) THAT IS NOT
CATEGORIZED AS A STATE
LICENSED COMMUNITY
RESIDENTIAL HOME AS
DEFINED IN
C.R.S . § 27-10 .5-102(4); OR
6 . A STATE-LICENSED GROlTP
HOME FOR PERSONS WITH
MENTAL ILLNESS, AS DEFINED
IN C.R.S . § 25-27-102 (8): OR
Section 2. The City Council of the City of Englewood . Colorado hereby amends Title
16 , Chapter 4. by the addition of a new Section 23 . of the Englewood Municipal Co de
1985, entitled Group Living Facilities . as follows :
16-4-23-1 : GROUP LIVING FACILITIES :
A. ALLOWED AND CONDITIONAL US ES (BY ZONE DISTRICT). THE US E S
LISTED BELOW SHALL BE PERMITTED I N THE ZONE DISTRICTS INDICATED
IN THE FOLLOWING TABLE .
Zone R R R R R RS R R B B I I
1 1 1 2 2 2P 3 4 1 2 1 2
A B C C r. s
Small Group Living Facility A A A A A A A A A A
Small Treatment Center C C A A
Large/Special Group Living C C A A
Facility
AN "A" INDICATES THAT THE USE WILL BE ALLOWED AS A MATTER OF
RIGHT, SUBJECT TO COMPLIANCE WITH THE USE REGULATIONS LISTED
BELOW AND ALL OTHER REQUIREMENTS OF THIS CODE . AN "C"
;INDICATES THAT THE USE MAY BE PERMITTED AS A CONDITIONAL USE
PURSUANT TO THE PROCEDURES SET FORTH UNDER E.M.C. 16-5-2. NO
SUCH CONDITIONAL USE PERMIT SHALL BE GRANTED , HOWEVER. UNTIL
THE CITY PLANNING AND ZONING COMMISSION HAS DETERMINED THAT
THE PROPOSED USE :
l. COMPLIES WITH ALL APPLICABLE USE REGULATIONS FOR
GROUP LMNG FACILITIES AND WITH ALL OTHER APPLICABLE
REQUIREMENTS OF THIS CODE; AND
2. IS NOT SIGNIFICANTLY DIFFERENT FROM ADJACENT USES IN
TERMS OF APPEARANCE . SITE DESIGN, HOURS OF OPERATION,
TRAFFIC GENERATION, NOISE , ODOR, DUST. AND OTHER
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EXTERNAL IMPACTS OR, IF THE USE IS DIFFERENT. ANY
ADVERSE IMPACTS RESULTING FROM THE USE WILL BE
MITIGATED TO THE MAXIMUM EXTENT PRACTICAL; AJ.'ID
3. INCLUDES PROVISIONS FOR AUTOMOBILE ACCESS THAT WILL
PREVENT TRAFFIC HAZARDS AND AVOID TRAFFIC CONGESTION
ON ADJACENT PUBLIC STREETS AND ALLEYS.
18-4-23-2: USE REGULATIONS: ALL GROUP LIVING FACILITIES SHALL BE
SUBJECT TO THE FOLLOWING STANDARDS, REGARDLESS OF WHETHER
THEY ARE PERMITTED AS AN ALLOWED OR CONDITIONAL USE :
A. NO GROUP LIVING FACILITY SHALL BE LOCATED CLOSER THAN :
(1) 750 FEET FROM ANY STATE LICENSED CHILD CARE FACILITY
FOR CHILDREN OR ANY ELEMENTARY. MIDDLE . OR HIGH
SCHOOL;OR
(2) 1,250 FEET FROM ANOTHER GROUP LIVING FACILITY .
B . STRUCTURES CONTAINING GROUP LIVING USES SHALL BE NO
TALLER THAN THE AVERAGE HEIGHT OF THE THREE PRIMARY
STRUCTURES ON THE SAME BLOCK LOCATED CLOSEST TO THE
GROUP LIVING STRUCT URE .
C. TWENTY-FOUR-HOUR Su"PERVISION SHALL BE PROVIDED BY
QUALIFIED STAFF .
D . ALL FACILITIES SHALL BE LOCATED SO AS TO PROVIDE
CONVENIENT ACCESS TO GROCERY AND OTHER RETA.IL STORES
AND OTHER COMMERCIAL SERVICES, PUBLIC TRANSPORTATION
ACCESS POINTS AJ.'1/D PUBLIC RECREATION FACILITIES .
E.
F .
G.
ANY GROUP LMNG FACILITY WHOSE RESIDENTS INCLUDE ANY
INDMDUAL WHO HAS BEEN CONVICTED BY ANY COURT OF MORE
THAN ONE MISDEMEANOR OR FELONY INVOLVING PROPERTY
DAMAGE OR PERSONAL INJURY THAT WAS COMMITTED WHILE HE
OR SHE WAS A RESIDENT OF THE GROUP LIVING FACILITY SHALL
BE DEEMED TO BE A PUBLIC NUISANCE , AND SHALL BE SUBJECT
TO THOSE ENFORCEMENT ACTIONS AND PENALTIES APPLICABLE
TO OTHER PUBLIC NUISANCES WITHIN THE CITY .
PRIOR TO INITIATING OPERATIONS, AND PRIOR TO MOVING
OPERATIONS TO A DIFFERENT FACILITY, AND ON OR BEFORE
DECEMBER 31 OF EACH CALENDAR YEAR, THE OPERATOR OF EACH
GROUP LMNG FACILITY SHALL SUBMIT TO THE CITY A
PHOTOCOPY OF A VALID AND CURRENT CERTIFICATE OR LICENSE
ISSUED BY THE STATE OF COLOR.ADO IF ANY SUCH CERTIFICATE
OR LICENSE IS REQUIRED FOR THE OPERATION OF THE FACILITY .
IF ACTIVE AND CONTINUOUS OPERATIONS ARE NOT CARRIED ON
FOR A PERIOD OF 3 CONSECUTIVE MONTHS IN A GROUP LIVING
FACILITY APPROVED AS A CONDITIONAL USE . THE GROUP LIVING
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FACILITY SHALL BE CONSIDERED TO BE ABANDONED . THE USE
MAY BE REINSTATED ONLY AFTER OBTAINING A NEW
CONDITIONAL USE APPROVAL.
H. AS AUTHORIZED BY 42 USC 3604(f)(9), NO GROUP UVING FACILITY
SHALL PROVIDE HOUSING TO ANY INDMDUAL WHOSE TENANCY
WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR
SAFETY OF OTHER INDMDUALS OR WHOSE TENANCY WOULD
RESULT IN SUBSTANTIAL PHYSICAL DANGER TO THE PROPERTY OF
OTHERS.
lM-Zs+ 3: REASONABLE ACCOMMODATION: THE FEDERAL FAIR
HOUSING ACT, AS AMENDED, REQUIRES THAT LOCAL GOVERNMENTS BE
PREPARED TO MAKE "REASONABLE ACCOMMODATIONS" IN ORDER TO
PERMIT HOUSING FOR CERTAIN PROTECTED GROUPS TO OCC UR IN
CERTAIN TYPES OF RESIDENTIAL AREAS . IN RESPONSE TO A WRITTEN
APPLICATION IDENTIFYING THE TYPE OF HOUSING BEING PROVIDED
AND THE PORTIONS OF THE FAIR HOUSING ACT THAT REQUIRE THAT
REASONABLE ACCOMMODATIONS BE MADE FOR SUCH HOUSING, THE CITY
MANAGER OR DESIGNEE IS AUTHORIZED TO TAKE ANY OF THE
FOLLOWING ACTIONS IN ORDER TO PROVIDE REASONABLE
ACCOMMODATIONS WITHOUT THE NEED FOR A REZONI NG OR VARIAN CE
PROCESS:
A. MODIFY ANY FACILITY SPACING, BUILDING SETBACK. HEIGHT, LOT
COVERAGE. OR LANDSCAPING REQUIREMENT BY NO MORE THAN
10%; OR
B . REDUCE ANY OFF-STREET PARKING REQUIREMENT BY NO MORE
THAN ONE SPACE.
C. THE CITY MANAGER OR DESIGNEE MAY APPROVE A TYPE OF
REASONABLE ACCOMMODATION DIFFERENT FROM THAT
REQt.JESTED BY THE APPLICANT IF HE/SHE CONCLUDES THAT A
DIFFERENT FORM OF ACCOMMODATION WOULD SATISFY THE
REQUIREMENTS OF THE FAIR HOUSING ACT WITH FEWER IMPACTS
ON ADJACENT AREAS. THE DECISION OF THE CITY MANAGER OR
DESIGNEE SHALL BE ACCOMPANIED BY WRI'ITEN FINDINGS OF
FACT AS TO THE APPLICABILITY OF THE FAIR HOUSING ACT, THE
NEED FOR REASONABLE ACCOMMODATIONS, AND THE AUTHORITY
FOR ANY REASONABLE ACCOMMODATIONS APPROVED. REQUESTS
FOR TYPES OF ACCOMMODATION THAT ARE NOT LISTED ABOVE
MAY ONLY BE APPROVED THROUGH A ZONING VARIANCE OR
REZONING PROCESS.
$e<;tjon 3. The Englewood City Council hereby amends Title 16, Chapter 4,
Section 5, amending Paragraph 0 , of the Englewood Municipal Code , 1985, as follows :
16-4-5-0. Conditional Use: Provided the public interest is fully protected and the
following uses are approved by the Commission, except for those group homes which
are required by State statute, the following provisions apply:
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1. Large child care home. Accesaory play equipment shall be located in the rear
yard.
1-. Grattp heaea whieh are lieeaeetl "' Yte Stet,e a11S whieh praliele t!weat, few
(It) he11r tft1PeP1ieia11.
&. •1e t,wa fa) po4 hemea . whe*r tmeler ehe aame er eWJerent.
apewrehip, hnJJ he laeate:4 wilhis lhe aeme hlaeJ& er wriMml t?he hlaeB
aajaeeM • • hlaelt ill 11hie1l lhe pa11p heme te laeakel . Thie ah.aH nae
inelwie pa-, hemes er half'••, hew.a far perNM releaaea B'am
eerreetiaaal iaali•llt.ieM ar faeililiea .
It. Gra11p hamea •_. p,alitle efte sfl' aereet parmftr 9paee far each. memher
ef ihe ata41' aa a-,, aml eae apace far each fem ( I) reaieleae e:l:ienM .
3-. 2 . Dependent Care Centers: Structures used as educational institutions, religious
institutions or public facilities , existing at the time of the enactment of this
Ordinance, may be converted for use as dependent care centers.
$es;tiog 4 . The Enclewood City Council hereby amends Title 16. Chapter 4 ,
Section 6 , amending Paragraph N, of the Englewood Municipal Code , 1985 , as follows :
16-4-6-N. Conditional Use: Provided the public interest is fully protected. the
following uses are approved by the Commission. except for those group homes which
are required by State statute, the following provisions shall apply:
1. Large child care home. Accessory play equipment shall be located in the rear
yard.
a. Grelll' Haaea. Qra-, llemea , • hieh •e lleemeel h, Yle SMte ef Calerade an.el
whieh pre ,i4e iWea.,. few (at) he• 11111er1 iaiaa. Thie ehaH aal mel11de l"ettp
heme, ar half'• ay he•e• far peraem releaeeti fram co:1ce11:a11al mflt:i,1:1,iem er
faeilieiea .
e-. >le ..,o Ea~ cra111p hemes, 1thethcr llfttier the same ar eli&erea•
spsMsrahi.p, ahaH he leeated wtihio '1le aame ldee1t er wilMil ,ae hleeks
ad;aeeal ie tee hlselt ill whieh Ike po11p heme i.1 laeated .
I,,, Gre1c1p hemea ••• pre ~tie eae a& a•ee• pHlli111 apaee fer eaeh memher
ahhe sNfr aa 1111-,, 111111 eae apaee f'ar eaeh f'aw (t) reaille111 eliealfl .
3-. 2 . Dependent Care Centers. Structures used as educational institutions, religious
institutions or public facilities, existing at the time of the enactment of this
Ordinance, may be oonverted for use as dependent care centers.
$es;tipg 5. The Englewood City Council hereby amends Title 16, Chapter 4 ,
Section 8, Paragraph B, of the Englewood Municipal Code, 1985, as follows :
16-4-8-B. Permitted Principal Uses.
1. Single-family detached dwelling:
2. Single-family attached dwelling.
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3 . Two-family dwelling with at least ODe party wall under a common roof.
4. Multi-family dwellings . Phtmteel ele,elepmenl appraual ii re11'6reel fer mere
'8111! fottr CO ••.
5. Hospitals and clinics, but not animal hospitals or clinics.
&. A.et:ileme11, ar aeni:ar eieieell h.e•ing, re91 hemes an& IHll'eM!lg ftamea . PlaBBeS
de, elapment! appra, al ie ret1.ttireel .
!1-. 6. Professional offices in which chattels or goods, wares or merchandise are not
commercially created or sold .
&. 7. Dependent care centers.
&. 8 . Educational institutions.
-W. 9 . Religious institutions.
11. Public facilities and buildings.
Sectjon 6 . The Englewood City Council hereby amends Title 16, Chapter 4,
Section 9 , Paragraph B, of the Englewood Municipal Code , 1985. as follows :
16-4-9: R-4 RESIDENTIAUPROFESSIONAL DISTRICT :
This District is designed to achieve stability of land use and land value through
minimizing the adverse effects of adjoining incompatible districts. To these ends,
development is limited to a medium-high concentration and permitted uses are
typically single-family and two-family dwellinp, certain professional uses compatible
with the District and private off-street parking Iota . This District should be applied
only in sufficient size to properly perform the above objective . This is normally
construed to mean at least one-half ('/1) block in depth and one full block in length.
A. General Regulations: The provisions found in this Zone District shall be
subject to the requirements and standa.rda found in Chapter 16-5, General
Regulations, of this Title , unless otherwiae provided for in this Ordinance or an
amendment hereto.
B.. Permitted Principal Uses: No building, structure, or land shall be used and no
building or structure shall be erected, structurally altered, enlarged or
maintained, unless otherwise provided for in this Ordinance. except for one or
more of the following uses:
1. Any use permitted in the R-2 Zone District.
2 .
~-
Administrative and professional offices , provided that neither
merchandise is handled for sale nor merchandising services are rendered
on the premises, except such as are incidental or accessory to the
principal use.
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4. 3 . Medical and dental and/or optical laboratories.
&. 4. Small child care centers. Acceuory play equipment shall be located in the
rear yard.
&. Reareliag er raeminr he.we.
!f. IS. Private off-street parking lots, the surface of which shall be of hard
surface, either paved with asphalt, concrete or brick pavers.
$ection 7. The Englewood City Council hereby amends Title 16, Chapter 4 ,
Section 9 , amending Paragraph N , of the Englewood Municipal Code , 1985, as follows :
16-4-9-N. Conditional Use: Provided the public interest is fully protected and the
following use is approved by the Commission:
1.
3 .
Dependent care centers.
Grettp heme,, whieh: are lteemed h, Yle s,aee ef Celerade, and "'Meh pre ,iele "'!I'll., fem cat) hlllll' s11pel'Visi11ft .
•-n1111"'"•1' h11me shall. he l11eseeli within an eight helireli fe11t (899')
Plltillt!I ef the prep11seli gr1111p heme .
&. Qre11p hemes mtl!lt pr11 .oilie eft' sweet pMlmlg fer eaeh meml,er 11f the steif
~
S..ctjon 8. The Englewood City Council hereby amends Title 16, Chapter 5, Section
5, of the Englewood Municipal Code , 1985, as follows :
16-6-IS: PRIVATE OFF-STREET PARKING STANDARDS:
A. Minimum Standards. In consonance with the purpose of zoning regulations, as
stated in this Comprehensive Zoning Ordinance , "to lessen congestion in the
streets", motor vehicle and bicycle parking spaces are to be maintained as set
forth below ; however, nothing in theae standards shall be deemed to deprive
the owners or operators of said buildings or uses of the right to maintain
control over all such land and structures or to make whatever changes they
deem appropriate for the use of such private off-street parking space. Unless
otherwise provided in this Ordinance, the following are minimum off-street
parking requirements for the indicated uses.
1.
2.
Amusement facilities,
auditoriums, assembly
halls, convention
facilities , dance
halls, gymnasiums,
theaters, skating rinks
Auto dealerships
(new and used)
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1 space for each 3 seats.
1 space for each 2 employees at
maximum employment on a single
shift, plus 2 spaces for each 300
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aquare feet of sales/office , repair or
maintenance apace .
3 . Bowlins alleys 4 spaces per lane, plus 1 additional
space for each 2 employees .
4. Chmcbea 1 space for each 3 seats or every 6 feet
of bench length in the main assembly
area or auditorium.
6 . DORMITORIES, ONE PARKING SPACE PER
FRATERNITIES. AND TWO BEDS .
SORORITIES
6-6. Educational institutions.
a. Elementary schools 1 space for each classroom and
administrative office .
b. Secondary achools an area equal to 1/2 the gross floor
area in the structure .
&7. Rooming and boarding houses 1 space for each guest bed in addition
to the single-family dwelling
requirement.
8 . GROUPUVING ONE PARKING SPACE PER
FACIUTIES THREE RESIDENT BEDS PLUS
ONE PARKING SPACE FOR EACH
THREE EMPLOYEES .
I ~9. Hoepitals 1 space for each 2 patient beds , plus 1
I
I space for each 2 employees on duty.
& 10. Hotels and motels 1 space for each guest room , plus 1
additional space for each 2 employees .
Parking for convention facilities and
~ dining areas in the hotel shall conform
with the requirements set forth
herein .
• &. 11. lnduatrial and/or an area equal to 1/, the groBB floor
manulacturing area occupied by the use in a
structure.
12. NURSING HOMES ONE PARKING SPACE PER
FOUR RESIDENT BEDS PLUS ONE
• PARKING SPACE FOR EACH I THREE EMPLOYEES . • 0
I& 13 . OfficN -busine81, profe81ional 1 space per each 300 square feet of
apncie1 and banks rentable area; excluding public areas,
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common ballways, and common
bathrooms.
H14. Public buildings an area equal to 1/1 the groaa floor
area in the structure.
H15. Single-family dwelling 2 spaces per each dwelling unit.
Two or more family dwellinga :
Efficiency, 1 or 2 bedroom unite 11/1 spaces per each dwelling.
Three or more bedroom unite 2 spaces per each dwelling unit.
Such parking shall be designated
and identified 88 parking for the
occupants of the building only.
Guests or viaiton, 5 or more 1 space for each 5 unite.
dwelling unite
Such parking sball be designated
and identified 88 temporary
parking for the uae of cue•ta or
Yiaiton or the occupants of the
building only .
*316. Restaurants, ban, taverna 1 space per each 60 square feet of
groaa floor area.
Hl7. Retail or service busineBS :
Under 7,500 square feet an area equal to 1/2 of the gross floor
area;
7,500 square feet gross floor area and above an area
equal to the gross floor area .
i-6 18. Senior citizen residential . 75 parking spaces per unit plus one
complexes guest space for each 5 unite.
::4919 . Warehousing and wholesale an area equal to 1/4 of the gross floor
business area of the structure or structures.
H 20 . Mini-warehousing, parking and loading.
a. Customer parking shall be provided at the manager's office
calculated on the basis of one space for each six thousand (6,000)
square feet of floor area and open storage, or one space for each one
hundred (100) storage unite or spaces, whichever is greater. Two
(2) additional parking spaces for employees shall be provided at
the manager's office .
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b . A marked loading lane shall be provided adjacent to the exterior of
any lltrUcture in which storage unite are located and where luch
unit.a have direct accesa to the exterior of tbe atructure. Such
loading lane shall be clearly marked for tbe ucluaive UN of tbe
1-ea of said storage units and shall not be UNd for the
temporary or permanent storage of any item. Loading lane, ,hall
be a minimum of nine feet (9') in width .
+8 21. Parkinf for bicycles shall be provided ae follows :
a. Bicycle fac:ilitiee shall be provided for any new building constructed.
for any addition or enlargement of an emtin& building or UN, and
for any change in the occupancy of any building or the manner in
which any use ie conducted that would reeult in additional parking
facilities being required subject to the provisions of this Ordinance.
b . No existing use or structure shall be deemed nonconforming solely
becauae of the lack of bicycle facilities prescribed in this Chapter.
provided that bicycle facilities exiet.ing on the effective date of this
Ordinance shall not be reduced in capacity, design, or function to
leBB than the minimum standards prescribed in this Ordinance .
c. Bicycle parking facilities shall include provisions for storage and
locking of bicycles in secure racks or equivalent installation in
which the bicycle frame and wheels may be locked by the user.
d . Bicycle facilities required by this Section shall be maintained for
the duration of the use requiring such facilities , and shall not be
used for other purposes.
e . Location: Bicycle Facilities.
(1) Parking for bicycles shall be provided on-site or on a site
within one hundred feet (100').
(2) Bicycle parking areae shall be well lighted and located as
near to the building or facility entrance as posaible , without
interfering with pedestrian traffic.
(3) If poesible, bicycle parking areas should utilize already
existing weather protected areas such as building overhangs .
(4) If such bicycle and automobile parking areas or accesaways
abut each other, there shall be provided a physical barrier
between the bicycle and automobile areas to prevent the
posaibility of the hitting of a bicycle or ita operator by a motor
vehicle.
(5) All designated bicycle parking areas shall be accesaible by
ramps.
f. Parking for bicycles shall be provided as follows :
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Multiple-family residential use --one bicycle parking space per each
two (2) dwelling units; facilities aolely for senior citizen residential
use shall provide one bicycle space li>r each twenty (20) units.
Nonresidential uses --one bicycle parking space per each ten (10)
parking spaces required for automobiles , but not less than two (2)
spaces per premises, unless otherwise specified below .
(1) Drive-in theater, mortuary, auto service station, automobile
services, drive-up windows providing services to occupants
in vehicles --none .
(2) School (Grades K-8) --one bicycle parking space for each
twenty (20) students.
(3) School (Grades 9-12) --one bicycle parking space for each
thirty (30) students.
(4) Commercial recreation one bicycle parking space for each
twelve (12) persons' capacity .
(5) Community facilities . including swim club , tenrus club.
community centers, neighborhrod centers and similar
activities --one bicycle space for each twelve (12) persons'
capacity.
8 . Minimum Standards for Other Uses. In case of a use not specifically
mentioned. the pnvate off-street parking standards mentioned . to which said
use is generally similar, shall apply .
C. Mixed Uses. In the case of mixed uses , the total shall be the sum of the
requirements of the various uses.
D. Location . The parking area must be provided on the same property as the
principal building, except that in Commercial and Industrial Districts the
required private parking may be within four hundred feet (400') of the
property, but within the same District or R-4 District. Such separate parking
Iota may be maintained as long as the principal building or uses are
maintained.
E; Use of Off-Street Parking by Another Building. No part of an off-street parking
apace for any building or use shall be included u a part of an off-street
parking space of another building or use. unleaa such uses do not conflict with
each other and joint use is made by contract.. approved by the Commission,
and subsequently recorded in the records oftbe Clerk and Recorder of
Arapahoe County.
F . Existing Parking Areas. Private off-street parking space being maintained in
any zone district in connection with any existinc building or use on the effective
date of this Ordinance shall be hereafter maintained except that it shall not
require more than that required for a new building or use in conformance with
this Ordinance.
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G. Plan for Parking Areas in Planned Development. A parking plan shall be
provided for any development for which a Development Plan is required. Such
parkinc lot plan shall be submitted t.o the City Planning and Zoning
CommiNion for investigation and approval u part of the consideration of the
Planned Development.
H . Compact Cars. Forty percent (40%) of the required off-street parking may be
provided in compact car spaces. Such spacea shall be posted for compact car
parking only.
I. Handicapped Parking.
1. The minimum number of required handicapped parking spaces shall be
as follows :
Total Number of
Required Parking Spaces Required Handicapped Spaces
1 to 25 Spaces -1 Handicapped Space
26 to 50 Spaces 2 Handicapped Spaces
51 to 75 Spaces 3 Handicapped Spaces
76 to 100 Spaces 4 Handicapped Spaces
101 to 150 Spaces 5 Handicapped Spaces
151 to 200 Spaces 6 Handicapped Spaces
201 to 300 Spaces 7 Handicapped Spaces
301 to 400 Spaces 8 Handicapped Spaces
401 to 500 Spaces 9 Handicapped Spaces
501 to 1,000 Spaces 2 .0% of Total Required Spaces
1,001 Spaces and Over 20 Handicapped Spaces plus 1
handicapped space for each 100
spaces over 1,000 spaces
2. The size of the handicapped space shall be eight feet (8') in width,
nineteen feet (19') in depth with five Coot (5') access aisles.
3. Each handicapped space shall be marked with a freestanding sign and
pavement markings using the standard uniform words , symbols and
colon that signify that the space is for parking by the handicapped only.
4 . De1ignated handicapped spaces shall be located as near to the entrance
of the use aa possible and shall be pnerally designed so that pedestrian
access between the parking space and the building shall not involve
croaing an area used for vehicular c:irculation .
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5 . Access ramps usable by the handicapped shall be provided for any
change in grade between the parking space and the use.
6 . The total number of spaces provided for the handicapped shall be
included in the total number of parking spaces otherwise required by this
Ordinance.
J. Private Off-Street Parking Spaces in Residential Districts. Private off-street
parking spaces in residential districts shall be prohibited within ten feet (10')
of the property line adjacent to any street.
K . Landscaping. Off-street parking areas shall comply with the landscape section
of the Comprehensive Zoning Ordinance.
L . Snow Removal and Snow Storage. Owners of parking lots having fifty (50) or
more spaces shall provide a designated area for the storage of snow removed
from the lot. Such storage area shall not be in a required parking space or
spaces.
Sectjon 9 . Safety Clauses The City Council. hereby finds . determines , and
declares that this Ordinance is promulgated under the general poli ce power of t he
City of Englewood. that it is promulgated for the health. safety, and welfare of t he
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 10. Seyerability If any clause, sentence. paragraph. or part of this
Ordinance or the application thereof to any person or cll'Cumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid. such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Sectjon 11 Jnronsjst,ent Orrljnances Noth.mg herein contained shall be deemed
a waiver of the provisions of any other Code section or regulation applicable to
fences. If there is a conflict between the regulations in this Section and any other
Code section or regulations, the more stringent regulations shall apply .
Sectjon 12. Effect of repeal or modjficatjon The repeal or modification of any
ptovision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions .
Sectjon 13. fe.na.lu. The Penalty Provision ofE.M.C . Section 1-4-1 shall apply to
each and every violation of this Ordinance.
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Se,;tigp H lgiatipg Jlw Any UN in niatence prior t.o tbe effective date of this
Ordinance, which ia not otbenriae a~ by conditional uae limitations, which
cloea not cxmmrm t.o tba limitatiaaa Ntabliahed by thia Ordinance, ahall be
IIODCODbmins. A IIIDDCClldionDi UN, allowed punwmt t.o thia Section. may remain
at ita location• a lepl D'JIIOB1f.1n1U11C UN aubjec:t t.o tbe termination requirements
of IIIIIICDllformi -M deac:rilled in thia Title. 8ec:aUN it ia a purpose of this
Ordinance t.o eliminate IIIIIIICOllbmin -. a llOIICllllformi uae shall not reawne if
it baa been diacoaanued for a coatinuoua period of at leaat one hundred and eighty
daya or would terminate • pnmded for in the pneral DODCODforming uae provisions
of thia Title.
lntrodw.l, read in full. amended and pUNd on first reading on the 20th day of
September, 1999 .
Published aa an amended Bill for an Ordinance on the 24th day of September,
1999.
Thomas J . Burns, Mayor
ATTEST:
Loucriahia A. Ellis. City Clerk
I , Louc:riahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foreaoiDg ia a true copy of a Bill for an Ordinance, introduced. read
in full. amended and pa&Nd on first reading on the 20th day of September, 1999.
Loucrishia A. Ellie
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COUNCIL COMMUNICATION
DATE : September 20, 1999 AGENDA ITEM SUBJECT: Group Living
Facilities Ordinance
11 a i
INITIATED BY: Depanment of STAFF SOURCE: Harold J . Stitt. Senior
Neighborhood & Business Development Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
There has been no previous Council action on this matter
RECOMMENDED ACTION:
Staff recommends that Council schedule a Public Hearing for the proposed Group Living
Facilities Ordinance on October 18. 1999 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
Group homes (group living) have become an issue with residents of Englewood. and with the
City Council, over the past few years. These issues concern legality of this use in residential
zone districts. The State of Colorado has two depanments which regulate group living facilities
-the Depanment of Human Services, and the Depanment of Public Health and the Environment.
The Federal Government addresses the issue of group living through the Fair Housing
Amendment Act of 1988. and focuses on discrimination on the basis of race. color. religion. sex,
national origin, handicapped, and families with children.
The proposed ordinance is written with the intent to protect the rights of Englewood residents
from impacts associated with group living facilities. as well as preserving the rights of the group
living facility residents, and that regulations and restrictions are consistent with the state and
federal laws .
Three categories of group living facilities are suggested in this ordinance: small group living
facilities, small treatment centers, and large/special group living facilities . Definitions of a
variety of terms are included as pan of the ordinance. Distance factors are also imposed in
relation to proximity to state licensed child care facilities , elementary, middle and high schools .
and from any other group living facility.
FINANCIAL IMPACT:
No financial impacts have been identified beyond the additional administrative costs of
implementing this Ordinance
LIST OF ATTACHMENTS:
Proposed Bill for Ordinance
Staff Repon for Case #ORD-99-02
Findings of Fact for Case #ORD-99-02
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA1TER OF CASE IORD-99-02
FINDINGS OF FACT, CONCLUSIONS AND
RECOMMENDA 110NS RELATING TO
AMENDMENT OF THE COMPREHENSIVE
ZONING ORDINANCE BY ENACTING
§164-23, GROUP LIVING FACILITIES, AND
AMENDING 011IER SECTIONS OF THE
COMPREHENSIVE ZONING ORDINANCE
IN CONJUNCTION WITH THE GROUP
LIVING FACll.ITIES SECTION.
INITIATED BY:
CITY OF ENGLEWOOD
3400 SOUI'H ELA 11 STREET
ENGLEWOOD, CO 80110
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
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Th is maner was beard before the Cicy Planning and Zoning Commission on May 18 . 1999 . in the Cicy Council
Chambers of the Englewood Cicy Hall. was continued to June 22 . 1999 . and was further continued 10 August 3.
1999 .
Mav 18 1999 Hearing :
Commission Members Present:
Commission Members Absent :
June 22. 1999 Hearing :
Commission Members Present :
Commission Members Absent :
Note : One Vacancy
None
None
Douglas. Dummer , Hayduk. Lathram. Rininger, Stockwell. Weber.
Willis . Welker
Weber. Willis , Douglas. Hayduk , Lathram. Stockwell. Rininger,
Welker
The Public Hearing was reopened on June 22, 1999 . no testimony was received, and the Hearing was further con-
tinued 10 August 3, 1999 .
Aurust 3 1999 Hearing :
Commission Members Present :
Commission Members Absent :
Willis , Douglas . Rininger , Weber. Stockwell, Welker
Hayduk, Lathram, Ransick
Testimony was received on May 18, 1999 from staff and Mr. Gobel, a member of Clarion Associates , a consult-
ing firm engaged 10 prepare the Group Living Facilities Ordinance . The Commission received notice of Public
Hearing, and the Staff Repon, which were incorporated into and made a pan of the record of the Public Hearing .
No testimony was received on June 22, 1999.
On August 3, 1999 , funber testimony was received from Senior Planner Harold J. Stin. and from Mr. Don
Ellion, Vice President of Clarion Associates . A modified draft of the proposed ordinance, dated July 29 , 1999,
was distributed to members of the Commission, which Mr. Elliott reviewed page -by -page . Commission members
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questioned cenain provisions and raised issues of concern; Mr. Elliott. City Attorney Dan Brotzman. and Mr.
Stitt responded to those inquiries and concerns.
No general public was present to testify on this issue.
After considering the statements of the witnesses, and reviewing the peninent documents , the members of the City
Planning and Zoning Commission made the following Findings and Conclusions .
FINDINGS OF FACT
l. THAT the proposed amendment of the Comprehensive Zoning Ordinance was initiated by the City of
Englewood
2 . THAT notice of Public Hearing was published in the Englewood Herald on May 7, 1999 .
3. THAT testimony was received from staff and from a representative of Clarion Associates, a consulting
firm engaged to prepare the proposed Group Living Facility ordinance .
4. THAT on May 18. 1999 . members of the Commission questioned some provisions of the proposed
amendmem. requested clarification of some provisions, and asked that a revised draft of the proposed
amendment be presented for their consideration on June 22. 1999.
S . THAT on JUDC 22, 1999, the Public Hearing was reopened ; no testimony was received . and the Hearing
was fwther continued to August 3, 1999 .
6 . THAT on August 3 , 1999, a revised proposed ordinance, dated July 29. 1999. was presented to the
Commission for consideration; Consultant Elliott reviewed this draft of the proposed regulations page-by-
page with the Commission.
7. THAT Consultant Elliott, City Attorney Brotzman, and Senior Planner Stitt responded t0 inquiries and
concerns posed by members of the Commission during the course of the Hearing and review .
I.
2 .
CONCLUSIONS
THAT proper notice of the Public Hearing was given by publication in the official City newspaper. the
Englewood Herald, on May 7, 1999.
THAT there is a need to fairly address •group living" issues and regulations in the City of Englewood .
3 . THAT the Englewood Municipal Code, Title 16 -Comprehensive Zoning Ordinance, should be
amended by enactment of §16-4-23, Group Living Facilities .
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the Englewood Municipal
Code, Title 16 , the Comprehensive Zoning Ordinance. be amended by enactment of §16-4-23. Group Living Fa-
cilities .
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lbe decision was reached upon a vote on a motion made at the meeting of the City Plattning and Zoning Commis·
sion on August 3, 1999, by Douglas, 5CCOnded by Rininger, which motion states:
~ Commission approve the Group Living Facility Ordinance, Draft 7129199, as amended. and refer this pro-
posed ammdmnU 10 the Comprd!Lnsive Zoning Ordinance 10 the Englewood Ciry Council for consuhralion and
approval.
AYES:
NAYS: Nooe
ABSTAIN :
Rininger, Stockwell, Weber, Willis. Douglas. Welker
Nooe
ABSENT: Ransick, Hayduk, Lalhram
lbe motion carried.
These Findings and Conclusions are effective as of the meeting on August 3. 1999.
BY ORDER OF 11IE CITY PLANNING & ZONING COMMISSION
n. 1; t I( • ) . r ii ,
Ir-( t .~ ·e ._,~t.J.-
Carl Welker, Chairman
f:\dcpl\nbdlpouplleolnls\planc:omm flndinp 1999\fof poup li11in1 case 99--02 .doc
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11 E ll O I: .\ \ D 1 · ll
TO:
THRU:
Chairman Welker and Planning and Zoning Commission Members
Robert Simpson, Director of Neighborhood and Business Development
Harold J . Stitt, Senior Planner r FROM:
DATE: July 28 , 1999
RE: Case-OR-99-02 Group Living Ordinance
The following changes have be made to the May 4, 1999 draft of the group living ordinance :
16-8-1: Definitions
Group Living Facility
Delete first sentence.
Replace with : "Residential occupancy of all or part of a structure by a group of people
that meet the definition of Household Living, Hotel, Motel , or Detention Facility."
Delete last sentence.
Replace with : "Group Living facilities include Small Group Living Facilities, Small
Treatment Facilities, and Large/Special Group Living Facilities ."
Small Group Living Facility
In the first sentence delete the words "therapy, or counseling"
Change last sentence to read : "Examples of Small Group Living Facilities include any of
the following that meet this definition :"
Delete 2 ., 3 ., and 4 .
Replace with :
2 . A state-licensed personal care boarding home, as defined in C .R.S. §25-27-101 ; or
3 . A state-licensed community residential home for persons with developmental
disabilities , as defined in C.R.S. §27-10.5-101; or
4 . A home providing independent residential support services for the developmentally
disabled as defined in C.R.S. §27-10 .5-1-2(19); or
Add a new 6 which reads :
6 . A family care home as defined in C .R.S . §26-6-102( 4 ); or
Renumber the old 6 . as 7. and Delete the old 7 .
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Add a new 8. which reads :
8. A rooming or boarding house.
Small Treatment Facility
In the first sentence , delete the words "therapy, or counseling•·
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After the second sentence, add: "If any individual resident of a Group Li ving facility with
up to 8 wrrelated individuals receives on-site medical or psychological treatment, the
entire facility shall be classified as a Small Treatment Facility (rather than a Small Group
Living Facility).
Change the last sentence to read : "Examples of Small Group Living Facilities shall
include any of the following that meet the definition :"
Delete 4 ., 5 ., 6., and 7 .
Add new 4., 5., and 6 . which read :
4. A physical/mental rehabilitation home ; or
5 . A state-licensed group home for the developmentally disable d, as defined in
C.R.S. §32-23-303 (2)(a) that is not categorized as a state lic ensed co mmunity
residential home as defined in C .R.S. §2 7-10 .5-102 (4 ); or
6 . A state-licensed group home for persons with mental illness. as defined in C.R.S.
§25-2 7-102(8)
Large /Special Group Living Facility
Add after the first sentence: "If any individual resident of a Group Living facility does not
meet the definition of "Small Treatment Facility" or Small Group Living Facility, the
entire facility shall be classified as a Large/Special Group Living Facility (rather than a
Small Group Living Facility or Small Treatment Facility)."
Change the last sentence to read: "Examples of Large/Special Group Living Facilities
include any of the following that meet the definition :"
Change 2. to read: "a shelter for homeless persons ; or"
Add after 2 ., new 3 ., 4., and 5., to read :
3 . A dormitory; or
4 . A rooming or boarding house ; or
5 . A fraternity or sorority house .
Add the following new definitions :
Medical or Psychological Treatment: Medical or psychological treatment includes any
individualized services rendered by a medical or psychological professional or para-
professional directly to a resident or group of residents on a regular or repeated basis to
address a specific medical or psychological condition diagnosed by a medical or
psychological professional , but excluding (I) physical therapy, (2) occasional medical or
nursing care to address non-chronic and non-recurring conditions such as colds , flu , or
household injuries , and (3) assistance with routine living activities not aimed at recovery
from specific diagnosed conditions.
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Detention Facility: Detention facility includes (I) facilities for the judicially required
detention or incarceration of people, where inmates or detainees are under 24 hour
supervision by sworn officers, except when on approved leave, or (2) group homes ,
halfway houses , or alternatives to incarceration for the individuals previously convicted
of a sexual assault, sexual abuse, or other sex-related criminal offences . Provided that the
use otherwise complies with this definition, a Detention Facility may include , by way of
illustration, a prison, jail, probation center, juvenile detention home, or halfway house for
sex offenders . Detention Facilities do not qualify as either Small Group Living Facilities ,
Small Treatment Facilities, or Large/Special Treatment Facilities .
16-4-23-1: Group Living Facilities:
Change the Table so that the 6111 zone district column reads R2C SPS instead of R2C .
Delete 16-4-23-2 :A and replace with :
A . No group living facility shall be located closer than:
1. 750 feet from any day care facility for children or any elementary, middle ,
or high school ; or
2 . 1,250 feet from another group living facility .
Delete 16-4-23-2 :E and replace with :
E. Any Group Living Facility whose residents include any individual who ha s been
convicted by any court of more than one misdemeanor or felon y in volving
propeny damage or personal injury that was committed while he or she was a
resident of the Group Living Facility shall be deemed to be a public nuisance, and
shall be subject to those enforcement actions and penalties applicable to other
public nuisances within the City.
Add to 16-4-23-2 :F the following phrase at the beginning of the first sentence : "Within 30 days
after initiating operations , and within 30 days of moving operations to a different facility , and"
Delete 16-4-23-3 : Parking Regulations .
Change 16-4-23-4 : Reasonable Accommodation, in the last sentence after the words "the
Director of Neighborhood and Business Development" add the words "or his or her designee··
16-5-5: Private Off-street Parking Standards:
Add the following parking standards :
Dormitories , fraternities , and sororities -one parking space per two beds
Nursing homes -one parking space per four resident beds plus one parking space for
each three employees
Group Living facilities -one parking space per four resident beds , plus one parking space
for each staff
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11 E \I U R .\ \ D r 11
TO: Englewood Planning and Zoning Commission
THR(.;: Robert Simpson. Director, Neighborhood and Business Development
FROM: Harold J. Stitt, S.:n io r Planner &--
DATE: May 12, 1999
SUBJECT: Case #OR 99-02
Publ ic Hearing -Group Living Ordinance -May 18. 1999
REOL"EST :
Staff reques ts that the Plann ing and Zoning C o mmissio n re •:1e·.v. rake public testimony. and
provi de comment on th.: proposed Group Living Ordinance.
RECOM'.\IDlDATION:
Staff recommends that Planning and Z o nin g Commiss ion appro\·e the Group L1\·ing O rd inance
and forward it to City Council for final action.
PREVIOl:S PLA~NING A ... "1D ZONING COM'.\IISSION ..\CTIO~:
Planning and Zoning Commission reviewed a draft of the proposed Group L1\·ing Ordinanc e at a
srudy session o n January 5. 19 99.
BACKGROl ~D:
Group home s (gro up living) have become an iss ue with Englewood re sidents and Ci ty Council
over the pas t few years. Specifically. th ese is ues concern the legali ty of this u se in the
resident ial zo ne di stric ts . T o address the e is ues. some background informati o n about group
homes and relevant state and federal regulat io ns has been briefly provided below.
At th e state le ve l. two departments, the Dep artment of Human S.:rvices a nd the Department of
Pu blic Health and the Envi ronment regulate group homes. The regu latory di s tinction is b ased on
whether a group home provides social services or health services . The size of these group h omes
ranges fr om s ingle-family dwellings to large instirutional care facilities .
At the federal le vel , the Fair Housing Amendment Act of 198 8 (FHAA) extended th e federal
government's authority to prohibit di sc riminati o n under the T itle Vlfl (popularly called the Fair
Ho us ing Act) of the 1968 Civil Ri g ht s Act. Titl e VIll prohibits discrimination o n the basis of race.
co lor. religion, sex and nati o nal origin. To th is li st of protected classes. FHA..\ added handicapped
perso ns and families with children under the age o f 18 . The FHAA d efines h a ndicap as a perso n
with a ph ysi cal or menta l impairment that su bstanti a ll y limits one o r mo re of s uch person ·s m ajo r
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Detention Facility: Detention facility includes (I) facilities for the judicially required
detention or incarceration of people, where inmates or detainees are under 24 hour
supervision by sworn officers, except when on approved leave, or (2) group homes,
halfway houses, or alternatives to incarceration for the individuals previously convicted
of a sexual assault, sexual abuse, or other sex-related criminal offences. Provided that the
use otherwise complies with this definition, a Detention Facility may include, by way of
illustration, a prison, jail, probation center, juvenile detention home, or halfway house for
sex offenders. Detention Facilities do not qualify as either Small Group Living Facilities,
Small Treatment Facilities, or Large/Special Treatment Facilities.
164-23-1: Group Living Facilities:
Change the Table so that the 6 1h zone district column reads R2C SPS instead ofR2C.
Delete 16-4-23-2:A and replace with:
A. No group living facility shall be located closer than:
I. 750 feet from any day care facility for children or any elementary, middle.
or high school; or
2 . 1,2 50 feet from another group living facility .
Delete 16-4-23-2:E and replace with:
E . Any Group Living Facility whose residents include any individual who has been
convicted by any court of more than one misdemeanor or felony involving
property damage or personal injury that was commined while he or she was a
resident of the Group Living Facility shall be deemed to be a public nuisance, and
shall be subject to those enforcement actions and penalties applicable to other
public nuisances within the City.
Add to 16-4-23-2:F the following phrase at the beginning of the first sentence : ''Within 30 days
after initiating operations, and within 30 days of moving operations to a different facility , and'"
Delete 16-4-23-3 : Parking Regulations .
Change 16-4-23-4 : Reasonable Accommodation, in the last sentence after the words ··the
Director of Neighborhood and Business Development" add the words "or his or her designee··
16-5-S: Private Off-street Parking Standards:
Add the following parking standards :
Dormitories, fraternities , and sororities -one parking space per two beds
Nursing homes -one parking space per four resident beds plus one parking space for
each three employees
Group Living facilities -one parking space per four resident beds, plus one parking space
for each staff
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life acnvines, who has a record of such impairment or who is regarded as having such an
impairment. The term does not include current illegal use or addiction to a controlled sub stance.
ORDINAl"'ICE PROPOSAL:
The approach to the regulation of group living facilities has been to create a Group Living
Ordinance that:
• Protect the rights of Englewood residents from impacts associated with group living
facilities,
• Protect the rights of group living facility residents against discrimination in housing. and
• Be consistent with state and federal laws .
The proposed Group Living Ordinance creates three categories of group living fac ili ties : small
group living faciliries . small rrearmenr cenrers. and large/special group li ving facilities. Small
group living facilities are permined as a use by right in all zone districts where residential use is
permined. Small treatment centers and large/special group liv ing facilities are permitted as a use
by right only in the 8-1 and 8-2 zone districts and as a conditio nal use in the R-3 and R-4 zo ne
districts .
The Ordinance includes use regulations that appl y to perm itted and conditional use gro up livin g
facilities. These regulations are designed to protect the neighborhoods as well as the facilitie s
themselves. These regulations are :
l. ~o Group Li vi ng facili ty shall be located closer than 750 feet fr om an y day care
facility for children. elementary or h igh school , or another group living faciln y.
2. Structures containing Group Livi ng uses shall be no taller than the a\·e rage he ig ht of
the three primary structures on the same block located closest to the group li vi ng
structure .
3. Twenty-four-hour supervision shall be provided by qualified staff.
4 . All facilities shall be located so as to provide convenient access to grocery and other
retail stores and other commercial services , public tran sportation ac cess points . and
public recreation fac ilities .
5 .
6.
Any Group Livi ng facility whose residents are identified as hav ing parti ci pated in
acts of vandalism or harassment on more than six occasions within an y calendar year
shall be deemed to be a public nuisance , and shall be subject to those enforc ement
actions and penalties applicable to other public nuisances within the City.
On or before December 31 of each calendar year, the operator of each Group Li ving
facility shall submit to the Department of Financial Services a photocopy of a valid
and current certificate or license issued by the State of Colorado if any such
certificate or license is required for the operation of the facilit y.
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7 . If active and continuous operations are not carried on for a period of 12 consecutive
months in a Group Living facility approved as a conditional use , the Group Living
facility shall be considered to be abandoned. The use may be reinstated only after
obtaining a new conditional use approval.
The conditional use requirements have been strengthened with the addition of specific findings
that the Commission must make in order to grant approval of a Group Living Facility
Conditional Use . Finally, a reasonable accommodation provision has been added to help avoid a
potential lawsuit over the Fair Housing Act.
Another change brought about by this proposed Ordinance is the inclusion of new terms and
phrases and the elimination or redefinition of current terms and phrases from the definition
section (16-8-1) of the Zoning Ordinance. To be eliminated are : boarding and rooming house .
extended care facility, family , group home , institutional use , and nursing home. Redefined is
household and added are household living, group living facility , large/special group living
facility , small group living facility , and small treatment facility .
The most significant change here is the replacement of the term family with household . The new
definition of household increases the number of unrelated indi viduals from -I under the famil y
definition to 8. This change= brings the Zoning Ordinance in line with state and federal
regulations as well as being consistent with recent court cases.
Coupled with this new ordinance is the repeal of the current group home prov is ions in the R-:2.
R-2-C. R-3 , and R-4 zone districts. Once in place this ordinance will replace the current
inconsistent zoning treatment of group living facilities with regulations that are constituti o nall y
supported and community protective .
A TTACHME~TS:
Group living Ordinance
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42 uses § 3604
(f)(l l To dJscrurunltc m the: ~c r rcntaJ . or to o theN'1SC make: una":ul.lb lc: or tkny. 1 JVi,·clling to any
or renlt't beau~ of l handic :1p of-
( A ) th.al bu\'~ or ~nt~.
(8 \ :1 pc:rso~ rcs1d mg m \M' in te nding to resu.lt m thJt J "'cllmg .1fte r i t 1s ~ \Old . rented. or made av
able : or ~
t C ) my pe rson ;u;soc1a 1c:d ,._,,,th that u~·c:r ur rcnier ~
c 2) To d1scnnunate Jg:unst :irw perso n m the: tenn.:,. :ond 111on . or pm tle ge~ or \a le or rentaJ of J dwc:~
m.g. ilr 1n the Pf0"1s1 on f )Cf'\'ICC~ or fac1hu es in .:onn ecnon <w 1th ,uch J "'dlmg. ~i::iu:.c o f J handicap
or-,tt
A J that pc-rso n. or
(Bl a person res1dm 2 m or mtendme 10 reside m th:u J "'dlim? Jfter It 1s >0 \Old . renitd. •)f mJde J\'11.I~
able: or ---
(C ) any pe rso n .is socuued "'1th t.hat pe rso n.
(3) For purpo~s of thi s sub )ecuon. J1 sc nm10au on mdudc::,-
(A ) :i rdu.sa.l to pemut. ,lt the e,pc:n~ o f the h.1nd1 c:ippc"d person re1~n.tblc modin.;.· uons f e,:1srin1
premi ses occupu:d or to be occ upied by ,;uch pe rson tt '\U h mod in JllOn'> "T'I J\ ~ neces s.l1"V to .uford
suc h person fu ll enJoy ment of ·he p~m.1sc s e,cept <.hJt .. n the .. ~ .,r J rcn1J I ·he ·mJk,rd m:J\ ~~
11 1s re1S on:Jb le :o do so .:on dmon pcnm:.s1 on fo r J mc)l.hn i::.1 11un ,m tl'le re nte r J ~r e:-mg •o .. e .,1orc the
mten or or the prem1:,es 10 1he ,:o ndm on that ~,Meo ~w re the rn \.lJ1:l.:;i u,m .. eJ~ nJt"1 c .1.ear .md :car
<XC<p<ed. [.J
t B l ;i refusal to make rc:J.Son abl e Jc commodat; "" ,n -JI<'"-p!,,11 ... ~ pr.>Lt1.:e,. ,r '!t"r.11 • .:.,. '"'hen ,uch
x commod:m ons ma~ be nei::e'>.:.~· to Jiford ,uc h pc. n :'i:{UJ.I 1pP'~1.1.n11\ ·o w,c J.nll :,10 , J J'-'l!'U-
mg: or
tC ) in .::onnec uon ·~1th (he :J es1~n .md com1ruc:1on ·>1 ..:o,er~ ~1..n ,r.1m1h ..!v.e1 hn; .. :1..r r r,;;r ,~.:up.1ncv
aner th e J.lte :h at 1s 30 month'> .m er the Ja1e ,H e'1J..t :ne m ,1 ·ne FJir HPU\tnc \menJme'11 S -\c! vf
198 en actea co t 13 . 1988 !. J fa.1lure :o de,,i:-, .Ju.t ,..,,.,,tr. ... t 'h\'..C j '-'e lll n\.'. .n ,u.::l J m.1nner 1hJ1-
f1) the pub li .:
0
J.Sc! Jnd .:o mm on USc! po nion: .,r .. ui..n J'.'eii 1m.:, .lft' .. e.1J 11 , J .... c, .. 1ok ·o Jnd U:,.i blc-
b~ h:md1 c:J ppc:d pers on .. :
11it Jtl the J oor\ J e!l1gn cd :o Jll ov. pJ.)"IJ_g'.t n10 JnJ ,,a,1tnm .i ll pre11 i-.c: "'1th1n ,uc ~ J v.dlmg., lte
suffi c1 e:ul~ "1de :o JIJ o" p~,Jgr :,~ h.m,.h1..JDpcd ~l!'rw n, .n Anc:r :~n.uf' m d
1i11 t Jll prcmi.,c., ~'lthm ,u1.·h J ,..,e!J mg .. co ntJ tn ·he l ilill 1'-' ng 'CJtu rt", ,)I Jtfap 11\C e,1gn
111 Jn .1i:c: .. :.1 ble route int o JnJ au ouuh ,he J~eihn .z
1 Il l li2ht ,~11cn e ... dei.:tncJI ,.>utlcts :h r rrm .. • .. wt ~ .1nJ ,nher en,1ronment.1 l ~ontrols m .1c c:,~1blr
loc:.m On .
0 11 1 remror cmerm m 1·\1t.'110.-•m '"'.lil~ :o .1 11\>"' '.iter m,tall JutJ n v r ;rab b~ . .100
f1V 1 us:i.b le 1Jt...hcn., .md ..ith.rot.'m~ ,uch :.h .1t .1.1 mJ1 \1du:tl m .1 "hedch air c:in :n.mcu\rr Jbou t
the ~p:i.ce
(-1 } Comph:i.n c: ,..,,,h :ne Jppropn.1te ttquire'llcni ~ ,J I the -\men :m '\.1u onJ I 51JnJard ro r buildin gs .mu
fac1Ji111~s pro\1dm g .i cc 1b11m and u~:i.0 1lii" or pn\,11.JJI ~ hand1cap~d pe ople co mmon!~ cuc:d li
"'ANSI .-\II -1··i .,urfi .:c, to .. au >r. :.."'le :c u1re~rnts 1.>r p.1.ragr:iph j11 (,1111 1
(SlC Al If J St .1te or .mu ..,, ~encr JI :oc I ;o\emment "'I.is mco rp<)r:.t ted mto 11s IJ "' he require men ts .,et
fo rth 1n P:lr.l\:"'!:l pn 311C . ,;omfll :ini.e .A.1th ,uch .Jv., ,h.i 1l be de em ed to ,ati :i~ •he requ1remc!nts at
th::u p:ing:r:iph
{8 ) A SLJte r unu t>t ~encrJI ! :ti ,;o\ernme n1 m.1 ~ re \JC '"' Jn d Jppro\e ne"IY rnn~uu cted .:o\ered
mu lufam1ly d\o\e ll 1ngs tor the pu rpo ,c of mJ.k.m g Je tennmJuon, as to whether the de sign Jnd .:o n:i tru c-
uon req ui remen ts l.lf par.igr:1 ph 3)1 (1 :ire met .
fC ) The Secrct:lf) ,h:i ll enc our:ige . but ma~ nof requi re . St J!e .) .md mt s of loc al gu,emmcnt 10 tn clu<le
m the 1r e:<1:itm g ;mx:edure., fo r the re \ 1c" 10d Jppro\al 01 newl~ i:o n.)trUi:ted CO\C.~ret.1 mulufarm l)
dwellrng s. dcterm 1nJuons J.s to whe th er the de!t 1gn :ind ..:o n:ilruc t1on ol uc h J \.\.e ll mgs Jre con 1s1 ent
wuh p3r.1graph 13)(C ,. and )hall pro\1de 1echm c:il JS Sl.)[ance to St:i1e s .mJ unus ot' loc :U gO\c!mmen t
and other ~rsons to implement the requ1 re mcn1 s f par:igr:1ph 1))1C).
CD) :"Jolh mg m th1 .. ml e --hall be ..:o ns1rued 10 n:qu 1rc the Secret~ to re\ 1cw or lpprO\C th e plJn~.
designs or i:onsmJ uon f .111 ..:o,cred mu lttfarru l~ d~ellmg s. ro deummne .,..hether th e Je.,1gn JJ1J
consrrucno n ,.,, )UCh J v.e llmg s lre cons1.)tent ·N 1th th e requ 1re mc!ms of para graph 31C ,.
l6 tt A I ~odung m pltlgnph 15 1 sha ll be ..:onsuued to affect the Ju th on1 y .10J re :,pom,1btl1ty r the Sc:cret:ir:,
or :i State or local publi c :igenc y cem ri ed pu riuam 10 -;ec1 1on 8 101 (113 ) o f thi s ,.\,:t [J .: L'SC S
§ j 6 JOfr)t J )J to rcce1\e :md proc e .. s .:om p b rnts or otheru.1 se c!n~Jg:e 1n enforcem ent .1Ct1 \11tes under thi,
title.
(B l Detemun :111on., by .1 St:i te or l unu l.lt' gener:il loc :.il government under p.1r:igrap h, 1S 11..\1 Jnd 1Bl
shall nOI be .:onclus1v e m enforcemen1 proceeding s under th,~ tule
(7 1 As used m 1h1:. ,ub.,ectton. 1he term ··.;o \•ercd muiu l:l mJl v Jv.e ll mc:~ .. me :i ns-
(A l bu1 Jdm 2s con:,1Sllnli? of J or more units 1f such buil d1~1.?'> h.t ve ~ne or more el e \Jl or,. md
!B l ground -tloor unu.s ~n other buildin gs .:ons1s11ng of -1 or-more unm
(81 No<hmg 1n thi s mle .,hall be co nstrued to mv;a.JiJa 1e or hrru1 m y l:iw or .1 State or po l111c:il ... ub<l1 v1suJn
of a Slate . or other 1un sd1cuon in ~h1 ch th1, tll le .,ha ll be: effrct1\e, that requ1re, t.lwe lhng ) to be Jes1gne J
and consuuc1ed m J ma nner that .tifords handi capped person:, ~'Teat er Ji.·ce.,s lh .m I!'> rrqu1rcd by thb t11lr
(9 ) :-,Jo1hmg m thi s ,ub~cuon rcquues that J J\l,,elltn g be m:ade J.\'3.llab le to :ll1 md1\ 1du::&I who!'>C tcnanc~
would consrnule a direct threat tO lhe health oJ r .,;afety of othe r indl\ 1du:ll s or ,,. hu...c tenancy would rcsuh
in substM!m1.J ph yir;1c:il Jamagc to 1hc property of othe rs.
(As illllmd<d S.:p1. 13 . 19M8. P L. 100-1 30. H 6'a H b ~:J. le /. 15 . io: 5101 1611 . 161 3. 16 '6 I
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Personal Care Boarding Homes 25-27-102
Le21s lauve declaration.
Deiiruuons.
Lice nse required · cnm.mal and
c1\'ll ~nalucs..
Minimum standards for personal
care boardin2 homes -rules.
License -apphC'.auon · 1nspccuon -
issuance.
L1c.cnsc denial. suspensi on. or
rc,ocauon.
25-27 -107 .
25-27-107 .5.
:.S-2 7-108.
25-27-109 .
25 -27-110 .
:S-27-11 J.
25-27-112.
License fee .
Personal care boarding home cash
fund created.
Enforcement . abilit y to contract.
List of li censed facilities main-
tained by the department.
Ad"1sory commmee . sunset
reVlew.
Reeulauons..
Treatment -religio us belief.
-%7-IOL Lepslati"e dedantion. In order to promote the public health and welfare
people of Colorado. it is declared to be in the public interest to establish minimum
·' ds. rules. and regulations for personal care boarding homes in the state of Colorado
to provide the authority for the administration and enforcement of such minimum
ds. rules. and regulations. These standards. rules. and regulations shall be sufficient to
the health . safety. and welfare of personal care boarding home residents.
f 5"rce: L. 84: Entire article added . p. 789. § I. effective July I. L. 85: Ent ire section
·aiicuded. p. 924 . § I. effective July I .
Ii. 25-27-102. Definitions. As used in this article. unless the co ntext otherwise requires :
r(I) Repealed.
·!-(2) "Department" means the department of public health and environment o f the state
. af Colorado.
·• ': (3) to (5) Repealed.
: ·, (6) -Local board of health " means any local. count y. di s t net. o r regiona l board of
bealth.
'-__: (7) Repealed .
(8) "Personal care boarding home " or ··home·· means a residentia l fac ility that makes
IY&ilable to three or more adults not related to the owner of such iactlitv. etther directlv or
illdirectly through a provider agreement. room and board and personal services. protec.tive
Cll'ersight. and social care due to impa ired capacity to live mdependentlv. but not to the
atent that regular twenty-four-hour medical or nursing care is required . The term ··person-
al care boarding home .. does not include a facilirv holdinl,! a current certificate of authonty
_·; to operate as a life care facility issued pursuant to article 13 of tttle 1:. C.R .S .. anv facility
.' licensed in this state as a residential care facility for mdiv1duals with developmental dis-
abilities. anv faciluv licensed in this state as a residential care iacilitv for the mentallv ill. or
:;: any individual residential support services which are excluded from .licensure requirements
·. parsuant to regulations adopted by the department of public health and environment .
. (9) "Personal services" means those services which the operator and employees of a
personal care boarding home provide for each resident. including. but not limited to : An
,'.·; environment which is sanitar,· and safe from physical harm: indindualized social super,i-
sion : assistance with transportation; and assistance with activities of daily living. including
but not limited to bathing. dressing. and eaung.
(IO) ··Protective oversight '' means guidance of a resident as required by the needs of
the resident or as reasonably requested by the resident including the following: Being
aware of a resident's general whereabouts. although the resident may travel independently
. in the community: monitoring the activities of the resident while on the premises to ensure
i., ~ health. safety. and well-being. including monitoring of prescribed medications: remind-
;-tng the resident to carry out daily living activities ; and reminding the resident of any impor-
:_ !ant activities. including appointments.
. _(I I) ··State board'" means the state board of health.
Source: L 84: Entire article added. p. 789. §I.effective July I. L 85: (I) and (5) repealed
. \ and (9) amended. p. 1362. § § 23. 24. effective June 28; (3). ( 4 ). and (7) repealed and (8) and
.. (9 ) amended . pp. 928. 924. § § 7. 2. effective July I. L 90: (8) R&RE. p. 1354. § I. effective
~~. July I. L 92: (8) amended. p . 1398. § 59, effective July I. L 94: (2) and (8) amended. p. 2794.
I 542 . effecttve July I.
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27-10.5-101
27 -10.5-114.
27-10.5-115 .
Z7-10 .5-l 16 .
27 -10.5-117.
27 -10.5 -118.
27-10.5-119
27-1 0.5-1 :0.
27-10.5-1 :1.
2 -10.5-1::.
21-10.·-1:3
27-10 .5-12J
27 -10.5-1:5
27 -10.5-1 :6.
27-10.5· 1:-.
27 -10.S-l :S.
27-1 0.5-1 :9.
27-10.5 -130.
27-10.5-131.
V-10.5 -132.
27 -10.5-133 .
27-10.5-13-'.
27 -10.5-135.
27 -10 .5-13 6.
27-10.5-137 .
27-10.5-138.
27-10.5-139.
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Institutions 996
Right 10 mod,cal care and
trca tm~nt.
Right 10 humane care and
tr eatment.
IUght to re !Jg,ous belie ( pr lctice.
and worship .
Rights to commuruc.:u ions and
V1S1ts.
Ri ght 10 fair employment prac-
uce~
R.J ght 10 VOie.
R ecords and coniidentlalitv of
anformauon penaJn1ng to ~l.igi -
ble persons o r their familie,s
R ight 10 personal property.
Right 10 influence policy.
R.J R.bt to no1ificat1on .
o ,SCrurunat io n.
Transfer of reS1den1,s (R epealed )
R eturn of restdent,s ( R epelled\
Resiorauon o f nght,s (Repealed )
Sterihzauon mtl,1,s
Com petency tO give consc:nt to
stenliz.:it1o n.
Co urt-o rdered stenliz a11 o n.
C0n.fidentialin1 of s1cn}iz3t1on
procoeding,s ·
Li mi tations on stcnlizauo n.
Gro u p homes for the deve lo p -
m e ntally disabled. ( Re pealod )
C ivll acuon and anomcv fees.
Te nrunology. ·
Adjudicatio n o f competency
(Repe aled )
Federal fund,s
~r'\1ce prov,s1 o n system evalua-
tion. (R epe1led)
E valuations to detcmune
whether a defendant ,s me nially
rc 1a r ded fo r purposes of class 1
felony tnals.
PA RT!
27-10.5·:08. Se rv ice proV1s1on syste m c::valua -
uon. l R epealedl
PA R T 3
REG IONAL CE'.'ITE RS
27-10 .5 -301.
17-10.5-302.
27-10.5 -303.
V-10.5-304.
27-10.5-305.
27-10.5-306.
27-10.5-307
2i-l0.5-30
27-10.5-309.
R egion al centers for persons
Wit h deve lopmental disab,Iiues.
Directors.
Annual repo rts -public a11 o n,s
Adm.1ss1ons.
E ndowment fund.
Gifts · rece ipt and disposition.
E.'<penditures.
B uildmgs · Pue blo. (Re peale d I
Lc:J.S< oi pro pert y at regi onal
center -re2m nal cente r <nter -
pnse fund--: creauon.
PART >
F.~'-'tl LY SCPPORT SE R\ 1C
27-10 5..JOI
27 -10.5-402.
27 -10 . .5 .-.Q.3 .
17-10.5....IQ.J .
27-10.5-405 .
27 -10.5-'06.
27 -I0.5..J07.
L~eislaU \'C Jeclarauon.
Purpose.
D efim11 o ns. I Re pe lled I
Adm.imstratto n -dutl< of
depa rt ment .
F:un,ly support counol,s
Au1h o nzed famJly su pport ser-
vices.
R ul es Jnd regu13u ons.
PART.
COLOR..\00 FA \tlLY SL'PPO RT LOAS
FCSD
27-10.5-501. Leg,sla11ve declara11on .
27-10.5-502. Colorado fanulv support loan
fu nd -creauon · loans to faaulJ es.
STATE P L~'Nr,,/G C OC'.'ICIL 0'.'I
DEVELOP ME YTAL D ISAB 1LmES
V-10.5-503. D uues o f 1he department 11,,ih
regard to t he iund.
PART o
27 -10.5-:0I.
27-10.5-202.
27-10.5-203.
27 -1 0.5-204.
21-1 0.5-:05.
V-10.5-206.
27 -10.5-:07.
Lecslauvc declaration.
Detiniuon,s
E st ablishment of stat< planrung
counc,1.
D eve lopment of t he stale plan.
Po wers and duues.
Sta te pl anning council employe e,s
C oopera tion of departme nt,s
sn;oy O F SELF -SL TIICIE'.'ICY TRt.:STS
27-10.5-601. S1udy o f group 1rus1 funds fo r
the pu rpose of provtdmg life wne.
services and supports to penons.
wi th developmenta l disab,~uc,s :
(R e pea led)
PART l
RI G HTS OF DEVELOP~NTALLY DISABLED
27-10.5-IOL Legislati•e dedantioe. (l) In recognition of th e vaned. ex te nsive.
substantial needs of persons with de velopmental disabil ities. includin g th e urge nt need
enhance the development of children with developmental disab ilities. the general assc m
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Care and Treatment oi the De velopmentallv Disabled 27-10.5-102
·ect to available appropnauons and ub1ect to the existence of appropriate services and
ns with available resources. hereb\ declares that the purposes of this article are:
(a l To provide appropria te services and supports to persons with developmental dis-
·liues throuehout their lifeu me s regardless of their aee or del!Tee of disabi!itv :
(bl To prolubit deprivauon of liberty oi persons wit-h developmental disabiiities. exce pt
"ben such deprivation is for t he purpose of providing services and supports which consu-
111te the least restrictive available alternauve adequate to me et the person ·s needs. and to
casure that these services and supports afford due process protecuons:
, (c) To ensure the fullest measur e o f privacy. dignit,•. rights. a nd privileges to persons
. with developmental disabilities:
. (d) To ensure the provision of services and supports to all persons with developmental
disabilit ies o n a statewide basis:
(e) To enable persons with developmental disabilities to remain wi th their families and
in the ir home communities. to m inimize the likelihood of out -of-ho me placement. and to
enhan ce the capaci ty of familie s to meet the needs of children with developmental disabil-
ities: (0 To provide communit y se l'·tces and up pons for persons with developmental dis-
abilitie s which reflect tvpical patterns of everyday li ving:
(g) To encourage state a nd local agencies to provide a wide arrav oi inn ovat ive and
cost-effecu,e el'·ices a nd su pports fo r persons with developmen tal disabili ties:
(h ) To ensure that persons with de,elopmen tal disabiliues recei ve services a nd s up-
pons v.·tuch encourage and build on ex1stint: socia l networks and natural so ur ces of s uppo rt.
and re sult in increased interdependence . ·onmbuuo n. and inclusion in co mmum ty liie : and
(i) To recognize the efficacy of e arl\ 1nterven11 o n sernces and supports in m101mmng
devel o pmental delays and reducin g the iuture educauon costs to o ur soc iety.
Source: L. 75 : Enure a rucle added . p. 906 . ~ I. effective July !. L. 85: Enure sectio n
amended . p. 983. § I. effective July I. L. 92: Entire: ecuon amended . p 13 50. § I. effective
July!.
Th• stale has aulhorit,· to ••11<1 lrl!i<lalioa for
the ,.-elfatt of de,·elopmenUtll,· dkabled citiz• ..
under its police powe rs. Glennon H eight s. 1n \'
Contra! Bank & Trust. 65 ~ P.::!d , -: tColo 198,1
Applied m Adam Count ) Assn to r Rotarded
Cu1 zens. 1n \ Cit \ o f \\'c:stm1nste r. I Or, C~lo -o.
P.::!d 1 :,~ no -l
27-10..!'-102. Definitions. A s used in tht a rttc le. unless the context otherwise requires:
(I ) .. Authorized representau,·e ·· mean s an md1vidual de si gnated b\ the person receiv-
ing sen·ices. or by the parent o r guard tan of the person rece,nng sel'1ces. tf appropnate. to
assist the person rece1v1ng se r,·ice in acqu,nng or uttl iz in g sen·ices o r uppo ns pursuant to
this artt cle . Th e ex tent of the authori zed representati,e ·s mv o hement hall be determin ed
upon desig nat io n .
C l ··Case m an acement ervices .. means the followin2 :
(a) The determinatton of eligtbiltt \' fo r sen·ices a nd supports:
(b) Sen·ice and s uppo rt coord matton: and
( c ) The monitoring of all sen•ices a nd supports delivered pursuant to the ind ivid ualized
plan . and th< eval uatt on of res ults 1de n1 ified in the individualized plan.
(3) ··Co mmunity centered board .. means a private co rp ora ti on . fo r profit o r not fo r
profit. which. when designated pursuant to section li-l0.5-105. provides case manage me nt
e n •tce s to person s with developmental disabilities. is aut horized to determine eligibility of
such persons within a specified geographical area . serves as the si n gle point of entry for per-
so ns 10 re cei ,·e se n ·ices a nd suppo rts under this article. and provides authorized se rvices
and support to su ch persons either directlv or by purchasi ng such se n ·,c es and supports
fr om service a2encies.
( 4) ··Community resid enual home .. means a group living situatio n accommodating at
least fo ur but no more than eight persons. licensed by the sta te . where services and supports
are provided to persons with developmental disabilities. ··Communiry residential home .. is
sy nonymous with group ho me o r co mmunity-based re side ntial facility as referenced in
mies 25 . 26. and 30. C.R.S.
(5 ) .. Consent .. means an informed asse nt. which is expressed in writing and is freely
given . Consent always s hall be preceded by the following:
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l Care and Treatmenl of the Developmentally Disabled ::!7-10.5-102
··Gastros1omy tubes"" means a rube which has been surgically inserted into 1he
throu2h the abdominal wall. or a tube which has been inserted throu2h the nasal
~ge tnlO 1tie stomach . or both. -
1 p ~) ""Human rights committee"" means a third-party mechanism to adequately safe-
1'!:..d the legal rights of persons receiving services bv participating in the granting of
ilformed consent. monitonng the suspension of nghts of persons rece1v1ng servtces. moni-
11111ag behavior development programs in which persons with developmental disab1ht1es
,,e t11volved . monnonng the use of psychotropic medication by persons with developmen-
ill disabilities. and at the committee ·s option. either providing or ensuring the investigauon
,1. allegations of abuse or neglect of persons with de,·elopmental disab1liues who are rece1v-
.iag services or suppons under this article.
, (18) "Inclusion .. means:
: (a) The use by persons with developmental disabilities of the same community
· resources that are used by and available to other persons:
· (b) The participation by persons with developmental disabilities in the same communi-
ty activities in which persons without developmental disabilities pamc1pate. Participauon
indudes regular contact with persons without developmental disabiliues:
(c) Vocational experiences for persons with developmental disab1li11es in community
settings that offer opportunities to associate with other individuals who do not have devel-
opmental disabiliues: and
(d) Li,·ing in homes which are in residential neighborhoods and ,n proximity to com-
munitv resources.
(19) ""Independent residential support services"" means a community living siruauon.
defined by the department. where services and suppons are provided 10 no more than three
persons with developmental disabilities. which is not required 10 be licensed by the state.
(:0) (a ) "lnd1v1dualized plan "" means a written plan designed by an interdisciplinary
team for the purpose of identifying:
(I) The needs of the person or family receiving services:
(Il l The specific sen,ces and suppons appropriate to mee1 those needs:
(Ill ) The projected date for initiation of services and supports: and
(IV) The anticipated results to be achieved by receiving the sen·ices and suppons.
(b ) Every 1nd1v1duahzed plan will include a statement of agreement with the plan .
signed by the person receiving senices or other such person legally authorized 10 sign on
behalf of the person and a representati,·e of the community centered board.
(c ) Any other service or support plan. designated by the department which meets all of
the requirements of an 1nd1vtduabzcd plan . will be considered to be an individualized plan
pursuant to this article.
(21) .. Infants and toddlers"" means a child wuh a developmental delay from birth to the
age of lhrec years.
(22) "Interdependence .. mean those multiple interactive relauonships which are nec-
essary to create a ense of belonging and upport between people which are mutually
sought. sustained over time. and are beneficial to those involved.
(23) .. Interdisciplinary team .. means a group of people convened by a designated com-
munity centered board which shall include the person receiving services. the parents or
guardian of a minor. a guardian or an authorized representative. as appropriate. the person
who coordinates the provisions of sef'\1ces and supports. and others as determined by such
person 's needs and preference. who are assembled to work in a cooperative manner to
develop or review the indi,·idualized plan .
(24 ) .. Least restrictive setting" means an environment that represents the least depar-
ture from the normal patterns of bving and which effectively meets the needs of the person
recei\ing services.
(:5) "Person receiving services"" means a person with a developmental disability who is
receiving services or suppons pursuant to this article.
(:?6) ""Referral and placement committee"" means an interdisciplinary or interagency
committee authorized by a community centered board or the department to make referral
and placement recommendations for persons receiving services.
(27) ·Regional center"" means a facility or program operated directly by the depart-
ment. which provides services and suppons to persons with developmental disabilities.
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Child Care Centers 26-6-102
, (5.1) "Homeless youth shelter" means a facility that. in addition to other services it may
provide. provides services and mass temporary shelter for a period of three days or more to
youths who arc at least fifteen years of age. or older. and who otherwise arc homeless youth
11 that term is defined in section 26-5.7-102 (2). t , (5 .3) "Kindcrganen" means any facility providing an educational program for children
:,.' only for the year preceding their entrance to the first grade. whether such facility is called a
• tiJldcrganen . nursery school. preschool. or any other name .
• ~ (5.5 ) "Licensing" means. except as otherwise provided in subsection (4 .5 ) of this sec-f lion. the process by which the department approves a facility. except foster care homes. for
,: die purpose of conducting business as a child care facility.
1 (6) "Person" means any corporation. partnership. association . firm . agency. institution. f or individual.
;;. (6.5) "Place of residence" means the place or abode where a person actually lives and
~ provides child care. i (7) "Related" means any of the following re la tionships bi blood. marriage. or adoption: 1 Parent. grandparent. brother. sister. stepparent. ste pbrother. stepsister. uncle. aunt. niece.
f; aephe,.·. or cousin. f · .(8) "Residenual child care facility " mean. a facility lice nsed bi t he department pur-
!' suant to this pan I to provide twenty-four-hour group care and treatment for five or more .? children operated under pnvate or nonprofit sponsor hip. A re 1dential child care facility t may be eligible for designation by the execuu,·e directo r o f the dcpanme:11 of human ser-
": v_ices pursuant 10 amcle 10 of t11le :!i. C.R.S.
t, (9) ··Secure res1denual treatment center" means a fac1luy o perated under pnvate own-i:. ership that is licensed by the department pursuant to t his part I to pro,·,de t ,.ent~-four-
'· bour group care and treatment in a secure semng for fi"e o r more c!11 ld ren o r persons up 10 t die age of twent~ -one years over whom the j uvenile co un retains i unsd1cuon pursuant 10
t section 19-2-104 (6). C.R.S .. who are committed b~ a coun pursuant to an adj udication of
; delinquency or pursuant to a determination of guilt of a delinquent act or ha\'1ng been con-i Yic:tcd as an adult and sentenced for an act that would be a crime 1f committed an Colorado. i ~ in the comm,mng junsdiction. to be placed m a secure fac1hty.
i · Sotuu: L 67: p. 1040. § 3. C.R.S. 1963: § 119--:!. L 69: p. 993 . § :!. L 7!!: ( l l amended .
~ p. 217 . § 53 . effective July 16. L 77: (6 ) amended . p. 1005 . § 6. effecu,·c \fay 16 . L 11; (8) ! added. p. 1034 . § 10. effective July l. L 16: (1 )(a) amended. p. 1001. § I. effective '.\.lay 2 .
J; L 1111: (!)(a ) amended. p. 831. §41. effective May :4. L 89: (9) added. p . 122 0. § 1. effective
$. May 26. L 90: (1 )(a ) amended and (3 .5) added . p . 1395. § § 4 . 5. effective '.\.lay :!4 : repeal
~ provision in (3.5 )(b ) added by revision . see p . 1400. § 15 . effective '.\.lay 24 . L. 91: (9 ) f 1mendcd. p . 1882. § 1. effective March 11. L 93: C3l amended. p . 1156. § 11:. effecu,·c July
'fr 1, 1994 . L 94: (8 ) amended. p . 2705 . § 268 . effecth·e Jul~· 1: (4) amended. p . 1044. § :!. effec-
tive January I. 1995 . L 96: (8) and (9 ) amended. p. 806 . § 3. effccnve '.\.lay :!3 : ( 1 ). (:!). and
(4) amended and (1.5 ). (4.5). (5.3). (5 .5). and (6.5) added. p. 252. § 3. effectiv e July 1: (9 )
amended . p . 169i. § 42. effective January I. J99i . L 97: (5.1) added. p . 98:?. § 4 . effective
;~ay 22 .
··. Editor's aote: Cl) Subsection (3.5)(b) provided for the repeal of subsecuo n (3.5 ). effective Jul y I.
' 1_995. (See L. 90. p. 14()().)
, (2) Amendme nlS to subsection (9) by House Bill 96-1005 and House Bill 96-1180 were harm~
llized. ,.
,: r_ c..,.. refettllttS! For the Jegisla1ive declaration conta ined in the 1993 act amending this section . see
lec!Jon I of chapter :30. Ses.sion Laws of Colorado 1993: for the Jegislauve declarauon contained in
· Ilic 1994 act amending subsection (8). see section 1 of chapter 345 . Ses.sion La"" of Colorado 1994 . .,.,
J Aa. Jar.U. See 39 Am . Jur.2d. Health.
I I 19-22 -26 . •9 Am. Jur.:d. Welfare Laws.
I, I 49 . 69 .
~~For note ... Licensing of Occupa·
and Professl<'ns 1n Colorado". see 35 Dic1a f <1958)
Adoptloa ot tedloa penaifllac de.,..hpa
tall,-diAIIW penou to 11 ... ia ...., .._.
rellecu lqillati.,.. •-• to Mlilt AID ,.._ to
U•e ia aoraal resldeali&I ............... Double
D Manor v. Evergreen Meadows. nJ P.2d 10ol6
(Colo. 1989).
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26 -6-1 01.5 Human Ser\'ices Code
ment of human se f\ ,ce , fa ed ,n us attempt to ensure a saie a nd samtarv en"1ronm ent for
th ose chi ldr e n of the stat e o t C lo rado who ar e ,n chi ld care fac,hues. ln an effo rt to redu ce
the nsk to chi ldren umd e hetr homes while recognlZlng the fi nanc,al co nstramt s pl aced
up o n the department. 1l ,s the intent o f the general assembly that the limit ed resour <:Q
ava ila ble t,e fo cu sed pn m an ly o n those child .:a re fac1l i11e s that have dem o nstrated hat
children in their care ma\' be a t higher nsk purs uant to section 26-6 -107 .
Source: L 94: Enme secti on added. p. 10.U . § l. effec11v e January l. 199 5. l. 96: Enurc
secuon amended. p 25 . § 2. effect 1\'e Julv l.
I
26-6-101.5. Legislative declaration concerning employer-sponsored on-<ite child can,
centers. ( Repealed\
Soatte: L. 90: Enure sectio n added . p. 1395. ~ 6. eff ern\'e :Vi a, :4. repeal pro, 1s1 nm (2)'.
added b~ re\'\s1on . seep. P OO. § 15. effernve \1a, :4.
Editor 's no1e : ubs c:cuon 1 :, proqdeC fo r the repeal of this secuon . dfect1 "e Juh ! . : !JU' c:e L 90._
p l )
U.-6-10:. Definitions. . .\s u ed ,n thi s arncle . unless the ont e xt othe :--~, e :e~uire
(1 l "Ce rnfi cat1 o n " me ans the process by whi ch the co unt,· de panment 01,oc:al ,e 1;:es
r a h1ld pl a emen t ag en c\' appro\'e S the ope rauon oi a fos te r care ho me
(1.51 "Child care ce nter" me an s a fac ,l m ·. b, "hate"e r name ko "n . t J t :, :nJintained
o r the "hole or pan o f a da\' fo r the car e oi fi~e or more h1ldr e n "no are e,.:Jiteen ,e:i.r,
o ag e or "o unger and ... ·ho a re no t re13t ed to the owner. o perat or. o r man age r the reo l
whether such ac,hty ,s o perated ,..,th or wuh o ut co mpen sati on fo r ~uch care and"'~ r
.. 11h out tated educationa l purposes. The term in cl ude s. but 1 not hmll e d o. facihue, .om·
monl\ kn "'n as da" care cent ers. sch ool-ag e child car e center . eiore a n d Jr.e· c ,wl ~ro-
grams. nursery sch ools. kmde:ga rtens. pres chool . da\' camr . su mm er :am!' and ce n e~
for deve lo pmen tall\' disabled ch ildr e n an d tho<e !ac1lm es th a t ;u ,e f"'ent, ·t,,ur -h,,ur .:are
for h1ld re n and include s tho e facil1t1 e for .:h ildren under the aee o t "' ,cJ1 , 1t ta ed
educauonal purpos e s oper a ted \0 conJun ct1o n '.I.1th l puoh . pn,a te r pa rOC :1 ; I colle;e r
a pm ate or parochial school e , ept that the te rm shali not a pph t n, k ,mk,canen :n.un·
ta med ,n connecu on wnh a pu bhc. pn ,·a te . or paroch ial ele m e nt al"\ ,chooJ ,,,:cm ,11 l le l51
SL' grades. Th e term shall no t incl ude a n, fa ,ht, lice nsee a a 1am1h :nild .:.ire· home r tos·
ter care home . . .
('.'.) "Child placemen t agen , .. means an \ wrrorat1on . pann e rs n ,p a ,,,c1 at1on . fi rm :
age ncy. insmut1on. o r person "'hat o e ve r "'ho pl a e o r '"ho arra nge s for p laceme nt !or
ca re of any child under the age o f e igh te e n year ,..,t h anv fa mil\. pe rs on 01 :nsu tuuon
other than persons re la ted to a,d h1 ld A chil d pl acement agency ma, p lace ,)r Jrra nge fo r
the placement of a child for the purpo se o f ad o puon o r fo ·ter care . The na tural pa rents or .
guardian of any child wh o pla ces said chil d fo r car e with any fac ility hcens ed as a "fa !llliY
cbild care home· o r ··chi ld care ce nr e r' as defi ned bv this secuo n shall not he de eme d a
child placement age nc\'. · l
(3) .. De partment " means the d epa rtment of human services.
(3.5) Repealed. ( 4) ··Family child care born e ·· means a fac ility for child care in a place o f re sidenc e of a
family or person for the purpose o f providing less than twenty -four-hour car e for d uldr~n,
under the age of eighteen ye ars who are not rela te d to the head of su ch home . )
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(4.5) "Foster care home " means a facility th at is certified by the county departme nt oc!
a child placement agency for chtld care in a place of residence of a family or person fo r the ;
purpose of providi n g twenty-four-ho ur fa mily care fo r a child un der the a ge of eigh teen,
years wh o is not related to the head of such home. except in the case of re laure care. The .
term includes an y foster care home receivi ng a child for re gular twenty -four-hour care and ,
any home receiving a child fro m a n y state-operated institution for child care or fr om 31lY i
child placement agency. as defined in s ub secti on (:) of this section "Fos te r care home".alSO,.
include s th ose homes licensed by the department of human services that receive ne1ipec_.
moneys from the co unti es nor cluldren placed by the co unues.
(5) ··Guardian·· me:i.ns the guardian of the person of a min or. • ,-J
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Colorado '.\!tedical Assistance Act 26-l-103
ysical presence m the Cn11ed Sta tes is known to and allowed by t he 1mm1gra11on and
alizatt on serv ice.
(9) .. Liable .. o r ··Jiabih tv·· means the legal liabilit, of a third partv. either bv reason of
gment. settlement. compromi se. or contract. as the result of negligent acts or other
wrongfu l acts or otherwise for all or anv part of the medical cost of an injury. a dise:ise . or
lbe disabilit,· of an applicant for or rec1p1ent o f medic:il assistance.
d· (9 .5) ··'.1,1anaged care svstem .. means a system for prov1dmg health care services which
jptegrates both the delive~· and the financing 0f health care sen1ces man attempt to pro-
-ride access 10 medic al en·ices while contammg the cost and use of medical care.
'. (10) "Medical assistance .. means pa,ment o n behalf of rec1p1ents to enrolled providers
ander the state medical assistance program of medical care. se rvices. goods. and devices
. ~ndered o r provided to recipients under this arucle. and other related pa,ments. pursuant
to tills arucle and the rules and regulations of the state department .
• L (11) "Sursmg facility" means a facility. or a distinct part of a facilitv. which meets the
111a1e nursing home hcensmg standards m ect1on :5-1-10 -(I ) !ll (l l. C.R.S .. is m aintained
primaril y fo r the care and treatment of inpatients under the direction of a physician. a nd
D1eets the requirement m ~: C .S.C. ec. J 396d for cemficat1on a a qualified provider o f
.. nursing fac1l11~ e,qce The patients m s uch a facility require uppo rth e. therapeuuc. or
compensating sen1ce and the a,a1labil11v of a licensed nurse for obsen·a11on o r treatment -on a twentv -f ur-ho ur bas1 Sursm2 care mav include but 1s not limited to terminal care:
, extensive a·SSIStance o r therap~ m th .. e aCll\'ltleS of da1Jy Ji ving : CO nllnua) direction. super.·1-
~-sion . or therap). exten "e ass1 tan e o r therap~ for loss o i mob1l11~: nur mg assessment and
: services wh ich m, 01 , e as e sment o t the total needs of the patient. planning of patient care .
. : and obsen·mg. mo n1tonng . and recording the pa uent' response 10 treatment: a nd m o m tor·
ing. obsen·mg. and e, aluatmg he drug regimen . ":-.ur mg fac1l11y .. mclude prh·ate. non -
profit. or propnetan m :nmed1ate nur mg fac1li t1e for the mentall,· retarded o r develop-
mentallv disab led.
(1 l.5 j "O ,ecpa1men1 " mean the amo unt pa id b, an agenC\· ad mm1s1en ng the m edical
assistan ce program to an e nr olle d pro, 1der under the state medical assistance program par-
. licipat ing tn the program." h1ch amo unt I m excess of the amount that is allowable for er-
, vices furnished and "h1ch I required by Title XIX of the social securit,· act to be refunded
-to the appropriate med1 aid agencies.
(1 2 ) "Pat1en1 persona l needs trust fund" means any fund or account established b) the
nursing ca re fac 1h1,· or intermediate care fac ilitv or its agents. employees. o r des,gnees to
man age the perso nal needs funds of the faci li1y ·s patients.
(13 \ "Per na l needs runds" means monevs rece ive d by an" person admitted to a nur -
mg care fac 1ht, o r intermediate care facility. which moneys are received b 1 aid person to
.\-f purcha e ne e I" loth mg. incidentals. or other personal needs Item "h1ch are not reim-
bursed b) n1 t J~ral or state program. or items of val ue. which m o n eys or ite ms of , alue
~.·;: are tn an! "3) surrendered to the management o r control of aid iac1ht).1 t agents. emplo,-
ecs. o r des,enee .
:, (13 . I .:Pro \lder" means any person. public or private m t11ut1 o n . agencv. or usmess
concern pro, 1dmg medical care. sen·ices. or goods a uthorized under this arucle and holding.
wher e apphca le . a :urrent valid license o r certificate to pro,·1d e such services or to d1 -
~ pcnse such go ods and enrolled under the state medical assistance prog ram . These en·1ces
·~, must be pro'1ded and goods must be dispensed onlv if performed. referred. or ordered by
a do tor of med1cme o r a doctor of osteopath v. Services of dentist s. podiatnsts. and
optome tnsts o r se n ·1ces provided by a school dismct under ec11on 26 .... -531 need not be
referred or o rdered by a doctor of medicine or a doctor of osteopath,· .
(13 . 7) "Qualified alie n .. shall have the meaning ascribed to that term in secuon 431 (b l
of the federal "Personal Responsibility and Work Opportunit) Reconciliauon Act of I 996".
Pub lic Law !OJ-) 93 . as amended.
(lJ) "Recipient" means any person who has been determined eligible to receive bene-
fits under this arucle. whose need for medical care has been professionally established. and
for whose ca re less than full payment is available through the legal obligation of a contrac-
~r. public o r pmate. to pay for or provide such care.
(15) "Recovef'· .. or "am o unt recovered" means the amount payable to the applicant or
recipi ent or his heirs. assigns. or legal representau,·es as the result of any liability of a thrrd
pany,
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12-13-101.
IZ-13-102 .
l2-13-l03.
12-13-1().1.
12-13-105 .
12-13-106.
12-13-107.
11-1.:-108.
12 -13-109 .
12-13-110.
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Professions and Occupatio ns 131
De firuuo ns.
Cc:rttficate of ..1 utho n ty reqwred -
applicauon. (Repealed )
Issuance. dcmal. .>uspens1o n. and
re\'OCJ.llo n o f cen1fica1e of
authomy. (Re pealed)
E scrow account fo r e ntrance fees.
Withdrawal o r dis missal of person
· refund .
R ecordim! of lJen bv co m.m1ss1oner.
Re se rve ;c:quiremc:.nts.
Annual report by providers -fee:.
Rehab1litauon of pro,.,der.
(Re pealed )
Exam ina uon . fee .
1:-13 -11 l.
1:-u -11 :.
1:-1 3-113
1:-U-ll -'
1:-1 3-115 .
l:!-13-11 6.
l:!-1 3-l l "
1:-1 3-11
l :-1.:· l lO .
R ule and rcgulauo ns.
\·1o la11 o n .
A.rt.I le d~s not J~plv to f.Jc:liuc:s
i1cen c:d v d ep3rtment o f ;,uohc
health a nd c:nvuonment.
Life c:ire co ntract -content.
R e\!:St er
Ad~en1sc:mcnts .ind l-Olt c1ta t 1o ns
o f hfe ~are contracts -req uire ·
ments.
Jn 1uncuo n Jg:un)I \ 1 1at 1o ns -
pr ose utton.
L ·:1 1 re2 ulauon
~Jame h-am!e not to .llfrct neh1,;;
r o l!ga t ~o~ R t."r~Jl!!IJ \ -
U-13-101. De6nitiuns. As used m this article. unles the co ntext 0 1her.\l,e re4u11 e ,
( J l "A ged person " me ans an y person SL~tv-,wo yeJrs o i Jge o r Ider.
(2 ) .. Commissio ner" me ans t he s ta te co mm1 ss1oner o i iin;in c:al service s. se r\1112 in
acco rd ance "'uh secuon ll-.W-i02 . C.R .S. -
(3 ) "Entrance fee" meJns t he total oi anv 1mt1a l o r deierred transier to o r :or the · en -
efit o f 3 pro, tder o f a s um oi monev o r o ther property made o r promised IO be made as full
or partial cons1derat1 o n fo r the acceptance o r maintenance o f a ,peciried md i, ,dua l .1 s J res-
ide nt m a fac1htv.
{ J ) "FJ 11ity· .. means the place in which a provider undertakes to provide hie care to J
re ,dent.
(5 1 .. L,fe ca re " mea ns care provided. purs uant to a liie care contract. fo r the li ie o f an
aged per o n . inc lud in g b ut not hm11ed 10 services s uc h as health ca r e. med , a l sen ice s.
ard. lodging. o r o ther ne cessities.
(r,l "Life care co ntract " me:ms .1 writte n contract to provide life ca re to a person tor the
duratio n o f ·u h perso n ·, hie .:ondiuoned upo n t he t r ansfer of an entrance i ee to the
pr o , 1der f su h en, e in add1t1 o n 10 o r in lieu uf the payment o f reg ular perio d, charges
fo r the are and ·en1ces ,n,o l\'ed .. .\ny life ca re contract pavable to o r fo r the pro\lder in
four o r mo re installments shall be s ubJect to the p ro ,is ,o n s o f the "Cntfo rm Co n s umer
Cred11 Cude·. articles 1 to o f 111le 5. C.R .S.
(i ) "L1vmg un11 .. mean a room . a partment. o r o ther area within a facilny set asi de fo r
the exclus,"e use o r co ntrol o f o ne o r mo re identified residents.
( ) "Person " mean all co rpo rati ons. associations. partnerships. o r ind ividuals. mcl udmg
fraterna l o r bene,olent o rders o r societies.
(9 ) "P rovider· means a person who undertakes to p rovide sen·1ces in a fac ilH~ pur uant
to a life ca re contract.
(10) "R esident " means a ny pe rson entitled p ursuant 10 a life ca re cont ract to rece,,.e
life care in a fac ili 1v .
(11) ··Third-party service providers " means anv person . other t han a provider. who ,s
the holder of a management contract with a provider o r who .:ontracis with J provider 10
pro,.ide life care services to residents.
Source: L. 81: Entire article R &RE . p. 6i8. § l. effective Jul~ l. L. 92: (2 l. (6 /. (9J. and
(11) amended. p. 1608. § 153 . ~ffective :Vl ay :o.
U-13-102. Cenificate of ~uthority required· application. ( Repealed)
Source: L. 81 : Ent ire a m cl~ R &RE. p. 6i9 . § l. effecuve Julv I. L. 92: E nme emo n
rcpe3led. p. lo 15 . § 174 . dfective '.\l 3y :o.
U· 13-103. lssuaac:e. denial. suspension, and revoc:ation of cenificate of authority.
(RepelllecO
Source: L. 81! Entire article R&RE . p. 683 . § l. effective July I. L. 92: Enme section
repealed . p. 1615 . § l 4. effccuve '.\1a y 20 .
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Care and Treatment of the Develo pmentally Di sa bled 2i -I 0.5-102
·ect to available appropnations and s ubiect to the existence of appropriate services and
rtS "'tth available resources. hereby declares that the purposes o f thlS arucle are:
a) To provide appropriate services and supports to persons wtth developmental dis-
. ·ue througho ut their lifetimes regardless of their a ge o r degree of disability:
(b) To prohtbtt depnvauon of liberty of persons with developmental disabilities. except
en such depnvatton 1s fo r the purpose of providing sef'\•ices and supports which consti-
te the least restncuve available alternative adequate to me et t he person ·s needs. and to
ure that these se f'\•ices and suppo rts afford due process protections:
f. (c) To ensure the fullest measure of pnvacy. di gnit y. nghts. and pnvtleges to persons
tritb dev elopmental disabilities :
b (d) To ensu re the prov1s1on of services and s upports to all persons wtth developmental
4isab1l itie o n a state wide basis:
1 (c) To enable persons wnh developmental disabiliues to remain wtth their families and
ill their home commumues. to mm1m1ze the likelihood o f out-of-home placement. and to
_ enhanc e the capactt~ o f fa mthe to meet the needs of children wtth developmental disabil-
. ilies :
--. (f) To pro , ,de communtt~ services a nd s uppo rt s for persons with developmental dis -
. abiliue s whteh efle ct t~pteal patterns of everyday living:
. (g) To e nco urage ta te a nd local agencies to provide a wide array oi mn ova11ve a nd
cost -effecu, e el'\ tee a nd upports fo r persons with develo pmental disab1li11es :
. (h I To en ure tha t per o n · "'1th de,·elopmental disabiliues receive sef'\•ices and s u p-
ports whteh enco ura~e and build o ne~, tmg social netwo rk s and na tural so urces of s upport.
an d resu lt tn increased interdependence. contrt b utto n. and tnclus,on m communm· life: and
(1) To recognize t he dfica~ f ear ly mt e rve nuo n sef'\·1ces and ·uppons m mm ,mizin g
de ve lo pmenta l jelay · and redu tn g the futu re ed uca tt o n cos ts to o ur soc,etv.
So•rce: L. 75: E :111re artt le added . r-90 0 . § I. effecu,·e Ju l,· l. L. 85: En tire sectt o n
am ended . p. 9 ":. ~ I. effectl\e Jul~ l. L. 92: Enure ·ecuon ame nde d . p. 135 0 . § l. effectl\e
July l.
1H slate has a1uhori~ 10 eou,ct ~liotl ro,
11w wdfatt or de• elopme•lall~ di5aMed dlizeas
und er Its police po..-:ers Glenno n H eigh ts. In c. v
untral Ban i."-Trus t. o5 R P.:!d s;:: !Co lo 1983 1
Applied m Adams Co unt) As s n fo r R etarded
Cmzens. ln;.,.Citv of\Ve stmmster.196 Col o ~9.
580 P.:!d 1 :-11, !1978 ).
27-111.5-10:?. Definitions. A used in this article. unless the co ntext otherwise req uires :
(I ) "'Auth orize d representative" mean an individual designated by the person rece1v -
111 g sel"·ices. o r by the parent o r g uardian of the person receivi ng ser"tees. ,f appropriate. to
a sist the person receivin g sef'\·ice s in acq umng or uuhzm g ef'\·tees o r uppo rts pursuant to
tht arucle . Th e e xtent of the authorized representa11ve ·s tn\'Oh ement shall be determined
upon de s1gnat1on.
(c ) --case manaeement sef'\•ices" means the fo ll o w1n1z :
(a) Th e determination o f e lig1bilit\' for Sef'\•tces and s uppo rts :
(b ) Sef'\·ice and s uppo rt coordination : and
(cl The mo ntt o nng o i all services and suppo rts delivered p ursuant to the tndi\ld ual ized
pl an . a nd the evaluation o f results identified m the individualized pla n.
(3 ) "'Communitv ce ntered board " means a private corpo r auon . fo r profit or not for
profi t. which . when designated pursuant to sectton ~i-10.5-105 . provides case management
Sel"·ice s to persons with develo pmental disabil n1e s. 1s authorized to determine ehg1b 1hty of
such persons witmn a specified geographical area. serves as the si ngle point of ent~· for per-
sons to receive services and supports under this article. and provides authonzed services
and s upports to s uch persons etther directly or by purchasing s uch services and s upports
from se l"·i ce aeencies.
(4) --communitv residential home " means a group living situation accommodating at
least four b ut no more than eight persons. licensed by the state. where services and supporu
are provided to persons with developmental disabilities. "Community residential home" 1s
synonvmous with gro up home or community-based residential facility as referenced tn
titles ~5. 26 . and 30. C.R.S.
(5) "Consent" means an informed assent. which is expressed in -..,,.ning and 1s free ly
gi\'en . Consent alwavs shall be preced e d bv the following :
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Personal Care Boarding H omes 25-2 7-102
Lc21slauvc dcclarauo n .
ocnruu ons.
License rcqu11ed -cnm1 nal and
avll penalties..
~irumum standards for personal
care boarding homes -rules.
Lm:nse · applicauon -inspecllon -
iss uance.
License denial suspension. or
rcvocauon .
:!5-27-107 . License fee .
25-2i-lO .5 Personal care boarding home cash
fund created.
:.5 -:i-108. Enforce ment · abilit,• to contract.
:S-:7-109. Lis t of Licensed fac11.iues main-
tained by the dcpanment. :S-: -1 10. Adv,sory commmcc -s unset
review.
:?.S.::!7-11 I. Re,ulauons.
:!5 -:?7 -11 :. Trc3rmcnt · religio us belief.
. ':ZS.%7-101. Lqiilati"e dedantion. In order to promote the public he a lth and welfare
.'jithe people of Colorado. it is declared to be in the public interest to establish minimum
iiandards. rules. and regulations for personal care boarding homes in the state of Colorado
. •d to pro \'lde the authority for the administration and enforcement of such minimum
if,andards. rules. and regulations. These standards. rules. and regulauons shall be sufficient to
111ure the he alth . safety. and welfare of personal care boarding home residents.
" · · Source: L. 84: Entire article added . p. 78 9 . § I. effecuve July 1. L. 85: Entire secti o n
imended. p. 92 .l . § I . effective July I.
25-27-102. Definitions. As used in this article . unles s the context 0 1hef'l'.1se re quires:
(I ) Repealed .
(2) ··Department·· means the department oi p ublic health and environme nt of t he state
of Colorado.
: · (3) to (5 ) Repealed.
-· ·. (6 ) --Local board of health .. mean s any local. co unty. district. or re gional board of
,; health.
(7) Repealed.
(8) ··Personal care boarding home ·· or 00 ho me ·· means a residential facility that makes
ava ilable to three or more adults not related to the owner o f such fac1litv. either directlv or
indirect!~ thro ugh a provider agreement. room and board and personal services. protec·uv e
ove rs igh t. and social ca re due to impaired capacny to hve independently. but not to t he
exten t that regular twenty-fo ur-ho ur medical o r nursmg care is required. The term ··person -
al care boardin2 home ·· does not include a facihtv holdin2 a current ce rtificate of authontv
to o perate as a-hfe care facility issued pursuant io anicle 13 of title 11. C.R.S .. any facilit~'
licen sed in this state as a res1denual care facility for individuals with developmental dis-
ab 1lmes. an,, fac1htv licensed in this state as a residential care facilitv for the mentallv ilJ . or
an y ind1v1dua l residentia l support services which are excluded from. licensure requirements
pursuan t to regulauons adopted by the depanment of public health and environment.
(9) ··Personal services ·· means those services which the operator and employees of a
perso nal care board ing home provide for each resident. including. but not limited to: An
en viro nment which 1s sanitary and safe from physical harm: individualized social supervi-
si on : assistance with transportation: and assistance with activities of daily living. including
but not li mited to bathing. dressing. and eating .
(10) 00 Protective oversight'" means guidance of a resident as required by the needs of
the resi dent or as reasonably requested by the resident including the following: Being
~,.·are of a resident ·s general whereabouts. although the resident may travel independently
ID the community: monitoring the activities of the resident while on the premises to ensure
ltis health. safety. and well-being. including monitoring of prescribed medications; remind-
111g the resident 10 carry out daily living activities; and reminding the resident of an y impor-
tant activities. including appointments.
( 11) "State board"" means the state board of health .
Source: L 84: Entire anicle added. p . 789. § I . effective July I . L 85: (I) and (5 ) repealed
and (9) amended. p. 1362. § § 23 . 24 . effective June 28 ; (3). (4). and (7) repealed and (8 ) and
(9 ) amended. pp. 928. 924. § § 7. 2. effective July I. L 90: (8 ) R&RE. p. 1354 . § I. effective
Jul y 1. L. 92: (8 ) amended. p. 1398. § 59 . effective July I. L 94: (2) and (8) amended. p. 2794 .
§ 5-1 2. effective July I.
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L. 7S: Entire title R&RE. p. 115
Ja,.zd. See 83 Am. Jur.cd. Z o ning lnd
· · g.t § 164.169.
C,J5. Se< 6:! C.J.S .. ~umcipal C o rpo ra11ons.
6); JOl A C.J.S .. Z o nin g & Land P la n -
-.140. ~~ ~ For a rticle. "The .-\nt1 truS1 Chai-
: .... to Local Government P rotectio n of t he
Q11ra1 B,mness D is tra ct ... sec 55 U. Colo. L.
lfoii.21 (1983).
T......,..·s note.. Since § 31 -:3-30: 1s si milar
19(ormcr § 31-23-:!02 prior to t he 19 -5 repeal
.,, .. reenact ment o f thi s lltle. and l~ws
lllillCedcnt t hereto. relcvanl cases construin g
... pro,•1s1ons h3\'C been included in the
-,uuons to thi s secuon.
_ ;lllablisllae•• of 1o•i•1 distrid bounda~
.. la a leci>lati•e futtctiota. Zo nin g necessarily
liiqu.ires th e establash men t of boundary lines
IJllwecn different d1str1 ts and th e e lectaon f
. 1k bounda~ hne 1s a leg 1 lau ,e func tion 1,1,,·1th
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I. effecll\ e Jul~ I.
1,a,:h1ch court ho uld not 1nte:iere. and onlv
where t he dctem11 nau n t the zomn2 a uthon t\·
1s o unreaso nable. arbitra ry. capnC1ous. and
UnJustdfable JS to amount to a \·1ola u o n of co n -
s11 tut1 ona l r1gh t a.re the ~ourts permitted to
interfere. S o pro Co. , To v.m o f C herry H ills Vil -
lage . 180 Colo : 1-. 5 P.:d ~ \ 19i1 ).
Aad laa>in1 diff~ttDI dauiRca1ions in difftr-
HI disuicl does no1 den1 equal prolttrion. The
fact tha t. under zoning !a1A:s. JdJ o mmg pro perties
m o ther districts ma~ be put to different and
possibly mo re ad\'antageous uses does not
afford a basis for co ncludm2 there ,s a denial o f
equal protection o f t he lawS. ~o pro Co. v To wn
of C herrv H alls \'ill aee.180 Colo 21-. 5().J P:d
3-W (197:): Cit, & Co unt, o f Den,er, Chu ·
R uwart Che\'rOie:. Inc . 3: Culo A pp :Y:. ~u "'
P.2d -39 1 ·9-3).
Applied an Wood Bro s H o mes, Cm <>I C,,l o
Spn ngs. a: Colo. A?P ; 5. 59: P.:d 1::::n , 1 o-, 1
·.·,: 31-23-303. Legislative declaration. (I) Such regulau o ns shall be made tn accordance
. with a comprehens1\'e plan and des igned to Jes en cong esuon in the st reets: 10 se cu re safe-
.-:-., from fire . panic. fl ood,.ate rs. and othe r dangers: to promote health and general "elfa re .
=·111provide adequate li ght and air: to pre ,·ent the overcrowding of la nd: 10 a vo id undue con -
. cientration of populauon : to promote energy conse rva t io n : and 10 facilitate the adequa te
· provision of transportatio n. water. se,.erage. sc hools. pa rks. a nd other pu bhc require ments.
Sacb regulati o ns shall be mad e wnh reasonable co nsi der auon. am ong other th in gs . a to th e
·~cter of the district and its peculiar s uuability for particular uses and wi t h a ,·,ew to
:-rvmg the value of buildings and encouragin g the most app ro priate use of la nd
;...~ugho ut such municipality.
, : (2) (a l The general assembly declares t hat the estabh hment of sta te -hcensed group
·.llames for the exclusive use of developmentally disabled persons ,s a matter of s1ate,.1de
llllleem and that a st ate-licensed gro up home fo r eig ht devdopme ntall, d1 abled perso ns is
~ I resid e nua l use of property for zoning purposes. As used in this ~ubsecuon C l. the phrase
: ')esidenual use o f property for zoning purposes " includes all fo rm s of residenual zoning
' 11d specifically. al though not exclusi vely. si ngle-famil y re s1dent1al zonmg. --o e,·elopmental-, Ir disa bled" in this section means those perso ns having ce r ebra l pal y. mult ipl e sc ler os tS.
·. *ntal retardauon . autism. and epilepsy .
.' (b ) (I) As used in this paragraph (b ). unless t he context ot herwise requires:
· •(A ) .. ~onpro fit group home" means a gro up home for the age d which 1s o wn ed a nd
... z:ratcd b~ a person or o rganization which is exempt fr o m in come taxes purs uant to sec-
39-2:-111 . C.R.S .
.'(B ) "Owner-occupied group home " means a gro up home fo r the aged wh ic h is owned
11d o~rated by an individual or individuals who actually reside at and maintain their pri-
~ place of residence in the group home.
( (ll) The ge neral assembly declares that the establishment of o wner-occupied or no n-
llOtit gro up homes for the exclusive use of not more than eight persons sixty years of age
• older ~r ho me is a matter of statewide concern. The general assembly further find s and
feclare s th at It ,s the policy of this state to enable and assist persons sixty years of age or
· tlder wh o do not need nursing facilities. and who so elect. to liv e m normal res1denual sur -
:Udings. incl uding single-family resident ia l units. Group homes for t he aged shall be dis-
gu1shed from nursing fac ilities. as defined in se ction 26~-103 (11 ). C.R.S .. and insmuuons
~1dmg life care. as defined in section 1:-13 -101 (5). C.R .S. Evei, munici p al it y having
:--l'ted or which shall adopt a zoning o rdinance shall provi de for the loca u o n o f gr o up
es for the aged. A group home for the aged established under thts paragraph (b ) shall
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not be loca ted wt1hm se,en hundred fiit, ieet o i another uch group ho me . nks othe ~isc.·
provided ior by t he mumc1pa 11v. '.'s ot hmg m t h, pJr agraph r b 1 shall t>e con tr ue d to'
exempt s uc h gro up ho me fr o m ,omp hance •.,11h a n" state . count,. )r 11 um ·1pJI heat~
safety. and tire codes. On .-\pnl :9. 9-o. e,er: perso n ,lXI\' ,ears o i age o r 0l der wh o res ides
in a skille d o r int ermed iate hea lth ca re acd11, and wh o may e tr a n terred r J, cha rged
therefrom to a gro up ho me fo r the age d shall not e ,o Ji,charged o r rran ierred unless be
has received nmet,· da\'s· ad,ance wn 11en not! e th ereoi 0 r ha, Jgreed in" filing to the pr<>-'.
posed transfer or discharge . . ~
(b.5) The genera l assembl~ declares hat the e 1ab 11 hment oi ,t ate-h en,ed group·
ho mes fo r t he excl u '"e use of mentally ill per n a that ;errn 1; Jennell m ,e lion :7-10.·
102. C.R.S .. 1s a matter o i sta re,\ide concern anJ hat .1 ,tate-hcen,cd ;roup hl>me fo r ei ght
person wt1h men tal ,li ne s ,s J res1den11JI use oi proper , :or zunm~ ;:,urro•c,. a, de ti ned.
in semen 31-:3-301 P l. A gro up ho me fo r pe rs ns "Ith men tal dine,, ~st h,h ed un der ·
th, paragrap h (b.5 ) shall not be lo cated "ilhm ""e:1 nundred Ii! , eet ,1 Jn uth er sucli"
group ho me. unless 01herw1se ;,ro ,,ded for b,· the mumc:oJlit, ,,, rerun -nJI! ,e pla ~d ·
in ..1 group home! '-\tthou t bein g jCre~nct.i ~ euhe r J ?T tr!''""'"JI ;:-c:r~1,n. J , Jenne~ in s«,. ...
u o n :-.:0-10 : 1 I I I. C.R.· .. o r Jm o ther such ment I 'iealth rr,, e--ll>nJI J e,,~na ed , tbc4
dire tOr Ul J fa ~i!it;-. ,.,hich raciln~ is upp rO\eJ b;' th~ ~,c !.ltl\t' Jm:.::or ··t ·nc .Jc~art fficDl
0 1 humJn ,er,,ces pur uant to ;ec:,on :--1-iO .'. C R -Per,,,n, Je:e·rrnne..: :,, ~e not guilty~
~ rel~Vn of m anit: o J \ 1olent off en e hall not be p!J (.:J ·n ,u1..n ~r('lur 1\.lffic'~. :1or shal1
an, per o n "ho has een con\ic ed i a e l0 n, m,ohin; J ,,. ie~t 11 en,e 'e elig,bl e for
p!Jc emen t m ,uch group homes. Tne pro , 1s1 n, 01 hi, par grarn 'I ,n.1il e mpk moat-
ed . "here Jppropnate . b, t he rules o r the depJrtment 01 pu 11c ~e.1!1n JnJ .;n,ironm e
con ~rnmg re~1dent1:1l c:i r e .1c1i1t1c' fo r the mentJI !: Ill 'c•thmg m ·h1, p.irJ~rlt:'h (b
;hall 'e .on trued to e ,e mpt ,uc:i group home, ro m :o mp ilJn.:e 1th .1n, ,tJte .:a un ty. ar
m um ·:pJ! heJ!th. ,atet,. Jnd lire :ode
1.:, :-.. thrng m hi, ,u hect1on 1: I ;hall e con,trueJ 10 ,urerscde :he Juth c riry r,(
mu nic1pali11cs Jnd .; untie s to re gu!Jte ,uch h0me, Jppro pnJtel, thn1u2n '.o ,JI zo niJli
o rd mJn e ,)r re,o lu11 on . e,cept m,01ar JS ,uch regulati o n "o u !J he tanumo unt :o pra.
b1t1 n \1 1 U(h ho me') roman: :-e 1dent1al btrict. Th i ,e ·t1on I\ ,pe 101.:::tlh r11..1 t o e
,trued •o perm, , t0IJ1to n o t rne pro , t ion o t Jn) zoning o r Jin nc.: 1r re,,,1u11o n ~·
re,pe:1 t'-""I hc:t~ht. -,e'!°'iJt ~-Jrl!J . lo t ('Q\CrJge o r extt:rnJI s1g.n.1gc or to pc:-:ntt Jr hnect
de l\.!1~ ub tanttalh tn un~1,t~nt un the .:h .HJcter 01 ;:he :,u rr o um.!mt? n1.:arnvornood. Tiil
se.:t ~1n I JI,") not tu ~t' co n'!it ru ed to pcr m u ..:o ndu cung o r the m1ni,t~flJ I l..:11\ 1l!e:i of ·
pn\Jt r p t'hi: o rgarnzatmn o r Jgcncy or to permit type · u r tre,Hmcnt J(!l\lttt'S or .
ren Jtnn~ ot .,er\ 1 r: ... tn J mann e~ -ub tlntt::illv 1n co ns1 tent "'11h tht' .1 i:t1\ 1t1c::, o th e
perm itted in the parnrnla r zon ing distnct. If reJ>onabl~ re!Jtcd to he ,e4u irc:men ts
pamcul.:tr home:. J loc al zo n m~ o r o ther de ,elopment reg u1311 o n ma ,. "-i!hout , 1o la11n1
pro" , ns o f this ecuon. al o a 11 ach s pec,tic tocauon re4U1rements 10 the appro,al of
group home. incl udin g the a , a1lab1li1y of such sen ,ce s a nd iac11it1es as co n, emen ·e st
commercial en ice,. tran p nation . an d public recre auon fa c11i11es. ,
(:: 1 The 2eneral asse mbh declares tha t the: a\'ailab,ti tv a nJ aifo r dab11il\ 01 ho us in&
residents oi l hi> s tate IS a matter o f st atewide co nce rn . It i~ th e purpose of ,ec:,on .:I·
(5) to promo te the p u blic healt h . safe tv. and welfare b, allo\\in g re ,dents o i this state
add111o nal o pponun ,t v 10 be Jbl e to ti ,e m Jece nt. saie. a nd a fforda b le hu usmg on 1
manent basis by proh1b111ng the e xcl usio n o i manufact ur ed ho me " o n sin gl e ,11e lots
mumc1pal111es where the ma nufact ure d ho mes me et o r e ,ceeJ o n a n eq u1\'J le nt pc
man ce engineering bas1 the -iandards establi shed b, the mumc,pal buddin g co de.
Source: L. 75: Entire tnle R&RE. p. I 150. ~ I. effern"e Ju ly I. e ntire ,ecu o n ame n
93.!. ~ 5 '. effect1\'e Ju l\' I. L. 76: 1:l(a .51 adde d. p. 6 5.} 2. effecti\'c .-\pn l 29. L
ame nded . p. I 16.!. ~ I.!. effect1\'e Januar" I. 1980 . L. 8-i: (3) addeJ. p. S:5. ~ 3. dfecu
uar,· I. 1985 . L. 87: (2l(b.5J addec: :i. 1217. ~ 3. eifernve Ju lv I. L. 91~ (2)(bl ame
1 .. --. ~ 2. effective Jutv I. L. 91: (: , bl( II ) J me nded . p. l · . ~ 2 I. eifecu ve Apn~ I !-1 ( 2 )( b5 ) amended. p. 2 I -9_ ~ .!.!. eifc:ctl\ e June 2. L. 9-1: I :)( b.5 J a me nded. p. ~ 11 ,.
effe ct1 \'e July I.
Edilor"s nore : Sub,c:cuon c:) 1 b l ,..,as ongmall\• number~d .1~ C ) 1::1 .5 1 in H ous e 8 111 ""6-tOS8.,
~en renumbered on re v1 s1on fo r c::isc or locJt1 on. i..:
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ORDINANCE NO . _
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 56
INTRODU~CIL
MEMBER~~~'---'"-'-='--=-""-~
AN ORDINANCE AMENDING TITLE 16 , BY AMENDING CHAPTER 8 . A-ND
AMENDING CHAPTER 4, BY THE ADDITION OF A NEW SECTION 23 . ENTITLED
"GROUP LIVING FACILITIES," AND AMENDING CHAPTER 5, SECTION 5,
ENTITLED "PRIVATE OFF-STREET PARKING STANDARDS ,"' OF THE
ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, group homes have become an issue with City Council and the residents
of Englewood over the past few years; and
WHEREAS, the issues with group homes concern the legality of group home use in
residential zone districts; and
WHEREAS, the State of Colorado has two departments which regulate group living
facilities: the Department of Human Services and the Departme nt of Public Health
and Environment; and
WHEREAS, the Federal Government addresses the issue of group living through
the Fair Housing Amendment Act of 1988 ; and
WHEREAS, the Englewood Planning and Zoning Commission held Public Hearing's
on May 18 , 1999, June 22 , 1999 and August 3, 1999 and after review made their
recommendation for passage of the proposed ordinance;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Sectjon 1. The Englewood City Council hereby amends Title 16 , Chapter 8,
Section l, of the Englewood Municipal Code , 1985, with the addition of the following
defirutions , in alphabetical, order to the definitions as follows:
16-8-1: DEFINITIONS:
8G~Ql~JG .mil RGGMl!IJG
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DETENTION FACILITY :
A ettil1hng eentaimng a eiRgle 8'1\ elling ttmt
81'18 t .. e (2) er mere gtteet reeme "here le8gil'lg
is pre R8e8, "ith er "ithettt meals, fer
eempeMatien. "CempeR!IBtieft" ma, iReltt8e
meRe,, eeMeee, er ether tmngs ef , altte,
iReltt8ing he8 8118 erealtfB!lt eperatiens.
DETENTION FACILITY INCLUDES (1)
FACILITIES FOR JUDICIALLY REQUIRED
DETENTION OR INCARCERATION OF
PEOPLE , WHERE INMATES AND
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DORMITORY:
S:KTS>SBSB C,\Y
F,\ClblTY:
F.\Mlb¥:
GROUP HOMS :
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DETAINEES ARE UNDER 2-1 HO UR
SUPERVISION BY SWORN OFFICERS,
EXCEPT WHEN ON AN APPROVED LEAVE ,
OR (2) GROUP HOMES, HALF-WAY HOUSES ,
OR ALTERNATIVES TO INCARCERATION
FOR INDIVIDUALS PREVIOt;SLY
CONVICTED OF SEXUAL ASSA UL TS ,
SEXUAL ABUSE , OR OTHER SEX-RELATED
CRIMINAL OFFENSES OR (3) GROUP
HOMES, HALFWAY HOUSES, OR
ALTERNATIVES TO INCARCERATION
CONTAINING ANY INDIVIDUAL WHO WILL
BE SUBJECT TO THE ISSUANCE OF AN
ARREST OR ESCAPE WARR..\.\/T IF THEY
LEAVE THE FACILITY. PROVIDED THAT
THE USE OTHERWISE COMPLIES WITH
THIS DEFINITION, A DETENTION
FACILITY MAY INCLUDE . BY WAY OF
ILLUSTRATION . A PRISON, JAIL,
PROBATION CENTER, JlNE'.'/ILE
DETENTION HOME . OR HALFWAY HO US E .
DETENTION FACILITIES DO :'.\'OT QUALIFY
AS EITHER SMALL GRO UP LIVING
FACILITIES , SMALL TREATMENT
FACILITIES. OR LARGEISPECL>\L
TREATMENT FACILITIES .
JI
A FACILITY USED AS A LIVING QUARTERS
FOR MORE THANfiSTUDENTS ENROLLED
IN CLASSES OR ACTIVITIES AT A
COLLEGE , UNIVERSITY OR BOARDING
SCHOOL, INCLUDING WITHOUT
LIMITATION A FRATERNITY OR SORORITY
HOUSE OWNED OR OPERATED BY AN
ENTITY OTHER THAN THE COLLEGE ,
UNIVERSITY, OR BOARDING SCHOOL.
A Ieng term feeiltey er II dietinet part ef 11
feettiey lteeneed er 11pp1e,ed Ill! 11 n'llt'eiftg heme ,
inmmar, 11nit ef II heme fer the aged . er 11
ge, ernmental medieal iftlitit11tien .
!di inlli ,,.d11al . er to, e (Ill er mere pereene
related 1,, hleed , m11rnage, er 11deptien Ii, mg
tegether aa a eiftgle h1111aelteeping 11nit, er a
grettp ef net mere than fem (0 pereene , "he
need net he related 1i, hleed, marriage , er
aeieptieft, li ,i:ng e&cet:her as a single
housekeeping unit .
A f11ettiey oo herein the eperater ie net le gall,
related te the indi ,,.d11ale e11pel"li11ed and ie
lteenaed 1i, the State and 11. herein net mere
than eight (8) indi ,,.d1111le are pre ... ded oo ith
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reem , l,earel , speeiali!!!eel anel elistineti. e eare
anel s11pe1 .;eien in a f.'amH) en,wenment.
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GROUP LIVING FACILITY : RESIDENTIAL OCCUPANCY OF ALL OR
PART OF A STRUCTURE BY A GROUP OF
PEOPLE THAT DOES NOT MEET THE
DEFINITION OF HOUS EHOLD LIVING ,
HOTEL , MOTEL,.QR-DETENTION
-'-~~FACILI~·IN GROUP LIVING
HOUSl!iH:ObE>:
HOUSEHOLD:
l/1 u.--/ 1'rnI:TTIES, TENANCY IS ARRANGED ON
A MONTHLY OR LONGER BASIS. THERE
IS GENERALLY A COMMON EATING
AREA, AND THE SIZE OF THE GRO UP
MAY BE LARGER THAN A FAMILY .
GRO UP LIVING FA CILITIES INCLUDE
SMALL GROUP LIVING FACILITIES ,
SMALL TREATMENT FACILITIES . AND
LARGE/SPE CIAL GROUP LivlNG
F ACILITlES .
~\ famii, Ii. ing tegether in a !!H'lgle el ..el:ltng
ttnit, n ith eemmeft 9:eeess te, aflei eemmen tt8e
ef, Ii ,;ng anel eating a¥eae.
A HOUSEHOLD INCLU DES (1) ONE OR
MORE PERSONS RELATED BY BLOOD .
MARRIAGE . ADOPTION, OR LEGAL
GUARDIANSHIP , INCLU DING FOSTER
CHILDREN . TOGETHER IN A DWELLING
UNIT ; OR (2) A GROUP OF NOT MORE
THAN EIGHT PERSONS NOT RELATED BY
BLOOD , MARRIAGE . ADOPTION. OR
LEGAL GUARDIANSHIP LIVING
TOGETHER IN A DWELLING UNI R (3)
TWO UNRELATED PERSONS AND THEIR
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CHILDREN LIVI~G 2'.?~~:,~~}~~ ~
DWELL~~lw~~ ~ ~
RESIDENTIAL OCC UPANCY OF ALL OR ~ -~ ·'
PART OF A STRUCTURE BY AN (.)l!,(TUflPUT7 HOUSEHOLD LIVING :
ll>IBTITUTION.\b UBS :
LARGE/SPECIAL GROUP
LIVING FACILITY:
INDIVIDUAL OR A GROUP OF PEOPLE
WHO MEET THE DEFINITION OF A
HOUSEHOLD, AND WHERE TENANCY IS
ARRANGED ON A MONTH-TO-MONTH OR
LONGER BASIS .
A nenprefit er ~-ai p11l,lie 11ee er inetit11tien
e11eh ae a eh11¥eh , lil!rar, , p11l,lie , er pri, ate
seheel, heapital er M11nieipall) en nee! er
eperateel l,11iieling, atuet11¥e er lane! 11aeel f.'er
p11l,lie p'llf1!88e.
ANY RESIDENCE FOR MORE THAN 8
UNRELATED INDIVIDUALS , AND ANY
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RESIDENCE FOR UP TO 8 UNRELATED
INDIVIDUALS THAT DOES NOT MEET
THE DEFINITION OF "SMALL
TREATMENT FACILITY" OR "SMALL
GROUP LIVING FACILITY." IF ANY
INDIVIDUAL RESIDENT OF A GROUP
LIVING FACILITY DOES NOT MEET THE
DEFINITION OF "SMALL TREATMENT
FACILITY RESIDENT" OR "SMALL GROUP
LIVING FACILITY RESIDENT", THE
ENTIRE FACILITY SHALL BE CLASSIFIED
AS A LARGE/SPECIAL GROUP LIVING
FACILITY (RATHER THAN A SMALL
GROUP LIVING FACILITY OR SMALL
TREATMENT FACILITY). EXAMPLES OF
LARGE /SPECIAL GROUP LIVING
FACILITIES INCLUDE ANY OF THE
FOLLOWING BUT NOT LIMITED TO
THAT MEET THIS DEFINITION:
1. A SECU RE RESIDENTIAL
TREATMENT CENTER. AS
DEFINED IN C.R.S . § 26-6-102 (9 );
OR
2 . A SHELTER FOR HOMELESS
PERSONS;OR
3 . A DORMITORY ; OR
4 . A ROOMING OR BOARDING
HOUSE ;OR
5 . A FRATERNITY OR SORORITY
HOUSE.
MEDICAL OR PSYCHOLOGICAL INCLUDES ANY INDIVIDUALIZED
TREATMENT : SERVICES RENDERED BY A MEDICAL
OR PSYCHOLOGICAL PROFESSIONAL OR
PARA-PROFESSIONAL DIRECTLY TO A
RESIDENT OR GROUP OF RESIDENTS ON
A REGULAR OR REPEATED BASIS TO
ADDRESS A SPECIFIC MEDICAL OR
PSYCHOLOGICAL CONDITION
DIAGNOSED BY A MEDICAL OR
PSYCHOLOGICAL PROFESSIONAL, BUT
EXCLUDING (1) PHYSICAL THERAPY , (2)
OCCASIONAL MEDICAL OR NURSING
CARE TO ADDRESS NON-CHRONIC
AND NON-RECURRING CONDITIONS
SUCH AS COLDS , FLU, OR HOUSEHOLD
INJURIES, AND (3) ASSISTANCE WITH
ROUTINE LIVING ACTIVITIES NOT
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SHELTER FOR HOMELESS
PERSONS:
SMALL GROUP LIVING
FACILITY:
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AIMED AT RECOVERY FROM A SPECIFIC
DIAGNOSED CONDITION.
kn instit11tien fer the eentin11e1111 Ila, anll
night eare ef the agell er infil'lll , er II plaee ef
reet fer theee s11ffering l,ellil, llieerllere. l,11t
net inel111liflg faei:litiee fer 1111rgieal eare er
ifletit11tiene fer the eare anll treatment ef
mental iHneee , aleeheliem , er nareetie11
allllietien.
A FACILITY THAT PROVIDES
TEMPORARY LODGING IN SHARED
SLEEPING ROOMS . WITH OR WITHO UT
MEALS AND ANCILLARY SERVI CES ON
THE PREMISES, TO PRIMARILY
HOMELESS PERSONS . FOR MORE THAN
FOUR WEEKS IN ANY CALENDAR YEAR.
A HOMELESS SHELTER DOES NOT
PROVIDE SUCH LODGING TO (1) ANY
INDIVIDUAL WHO HAS BEEN DIRECTED
BY ANY SOCIAL SERVICE AGENCY TO
LIVE IN A PUBLIC OR PRIVATE
INSTITUTION , OR (2) TO ANY PERSON
BEING DETAINED BY ANY LAW
ENFORCEMENT AGENCY PURSUANT TO
STATE OR FEDERAL LAW .
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A RESIDENCE FOR UP TO EIGHT (8)
UNRELATED INDIVIDUALS, NONE OF
WHICH ARE RECEIVING ON-SITE
MEDICAL OR PSYCHOLOGICAL
TREATMENT, BUT SOME OR ALL OF
WHOM MAY BE RECEIVING ON-SITE
PHYSICAL ASSISTANCE WITH DAY-TO-
DA Y LIVING ACTIVITIES . EXAMPLES OF
SMALL GROUP LIVING FACILITIES
INCLUDE ANY OF THE FOLLOWING
THAT MEET THIS DEFINITION:
1.
2 .
3 .
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A NON-PROFIT GROUP HOME
FOR THE AGED OR AN OWNER-
OCCUPIED GROUP HOME FOR
THE AGED , AS DEFINED IN
C .R.S. § 31-23-303(2)(8); OR
A STATE-LICENSED PERSONAL
CARE BOARDING HOME , AS
DEFINED IN C.R.S. § 25-27-101 ;
OR
A STATE-LICENSED COMMUNITY
RESIDENTIAL HOME FOR
PERSONS WITH
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DEVELOPMENT AL
DISABILITIES , AS DEFINED IN
C.R.S . § 27-10 .5-101 ; OR
4 . A HOME PROVIDING
INDEPENDENT RESIDENTIAL
SUPPORT SERVICES FOR THE
DEVELOPMENTALLY DISABLED ,
AS DEFINED IN C.R .S . § 27-10.5-
102(19); OR
5 . A STATE-LICENSED
RESIDENTIAL CHILD CARE
FACILITY, AS DEFINED IN C.R .S.
§ 26-6-102(8); OR
6 . A FAMILY CARE HOME , AS
DEFINED IN C.R .S . § 26-6-102 (4);
7 . A ROOMING OR BOARDING
HOUSE .
SMALL TREATMENT FACILITY: A RESIDENCE FOR UP TO 8 U NRELATED
INDIVIDUALS , SOME OR ALL OF WHOM
ARE RECEIVING ON-SITE MEDICAL OR
PSYCHOLOGICAL TREATMENT. IF ANY
INDMDUAL RESIDENT OF A GRO UP
LIVING FACILITY WITH UP TO 8
UNRELATED INDMDUALS RECEIVES
ON-SITE MEDICAL OR PSYCHOLOGICAL
TREATMENT, THE ENTIRE FACILITY
SHALL BE CLASSIFIED AS A SMALL
TREATMENT FACILITY (RATHER THAN A
SMALL GROUP LIVING FACILITY).
EXAMPLES OF SMALL TREATMENT
FACILITIES SHALL INCLUDE ANY OF
THE FOLLOWING THAT MEET THIS
DEFINITION:
1. A NURSING HOME ; OR
2 .
3 .
4 .
A NURSING FACILITY , AS
DEFINED IN C.R.S . § 26 -4-103
(11); OR
INSTITUTIONS PROVIDING LIFE
CARE , AS DEFINED IN C .R.S . §
12-13-101 (5); OR
A PHYSICAUMENTAL
REHABILITATION HOME ; OR
5. A STATE-LICENSED GROUP
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HOME FOR THE
DEVELOP:\1ENTALL Y DI SA BLED .
AS DEFINED I N C.R. . § 3 1-23 -
303(2)(a) ~) THAT JS ~OT
CATEGORIZED A A STATE
LICENSED CO l\l'.\1C~lTY
RESIDENTIAL HOME AS
DEFINED IN
C .R .S . § 2i-10.5-102 (4): OR
6 . A STATE -LICE:'\SED GROCP
HOME FOR PERSONS WITH
MENTAL ILL~ESS . AS DEFJ. ED
ll\ C.R.S . § 25-:li-102 (8): OR
Sectjon 2. The City Council of the City of Englewood , Colorado he r eby amends Title
16 , Chapter 4. by the addition of a n e w Se ction 23. of the Engle wood '.\luru c1pa l Co d e
1985 , e ntitled Group Living Facilities, a s follows :
16-4-23-1: GROUP LIVING FACILITIES :
A. ALLOWED AND CONDITIONAL USES (BY ZONE DISTRICT). THE USES
LISTED BELOW SHALL BE PERMITTED IN THE ZONE DI STRI CTS INDI CATED
IN THE FOLLOWING TABLE .
Zone R R R R R RS R R 8 8 I I
1 1 1 2 2 2P 3 4 1 2 1 2
A 8 C C r,;:
Small Group Living Facility A A A A A A A ,\ A A
Small Treatment Center C C A A
Large/Special Group Living C C ,\ A
Facility
AN "A" INDICATES THAT THE US E WILL BE ALLOWED AS A MATTER OF
RIGHT , SUBJECT TO COMPLIANCE WITH THE USE REG ULATIONS LISTED
BELOW AND ALL OTHER REQUIREMENTS OF THIS CODE . AN "C"
INDICATES THAT THE USE MAY BE PERMITTED AS A CONDITIO NAL USE
PURSUANT TO THE PROCED URES SET FORTH UN DER E .'.\1 .C. 16-5-2 . NO
SUCH CONDITIONAL USE PERMIT SHALL BE GRANTED . HOWEVER , UNTIL
THE CITY PLANNING AND ZONING COMMISSION HAS DETERMINED THAT
THE PROPOSED USE :
1. COMPLIES WITH ALL APPLICABLE USE REGUL>\TIONS FOR
GROUP LIVING FACILITIES AND WITH ALL OTHER APPLICABLE
REQUIREMENTS OF THIS CODE ; AND
2. IS NOT SIGNIFICANTLY DIFFERENT FROM ADJACENT USES I N
TERMS OF APPEARANCE , SITE DESIGN, HOURS OF OPERATION ,
TRAFFIC GENERATION, NOISE , ODOR , DUST, AND OTHER
EXTERNAL IMPACTS OR, IF THE USE IS DIFFERENT, ANY
ADVERSE IMPACTS RESULTING FROM THE US E WILL BE
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MITIGATED TO THE MAXIMUM EXTENT PRACTICAL : AND
3. INCLUDES PROVISIONS FOR AUTOMOBILE ACCESS THAT WILL
PREVENT TRAFFIC HAZA.RDS AND AVOID TRAFFIC CONGESTION
ON ADJACENT PUBLIC STREETS AND ALLEYS.
16-4-23-2: USE REGULATIONS : ALL GROUP LIVING FACILITIES SHALL BE
SUBJECT TO THE FOLLOWING STANDARDS , REGARDLESS OF WHETHER
THEY ARE PERMITTED AS AN ALLOWED OR CONDITIONAL USE :
A. NO GROUP LIVING FACILITY SHALL BE LOCATED CLOSER THA. :
(1) 750 FEET FROM ANY STATE LICENSED CHILD CARE F . .\CILITY
FOR CHILDREN OR ANY ELEMENTARY , MIDDLE , OR HIGH
SCHOOL; OR
(2) 1,250 FEET FROM ANOTHER GROUP LI\lNG FACILITY .
B. STRUCTURES CONTAINIKG GROUP LI\lKG USES SHALL BE NO
TALLER THAN THE AVERAGE HEIGHT OF THE THREE PRIMARY
STRUCTURES ON THE SAME BLOCK LOCATED LOSE T TO THE
GROUP LIVING STRUCTURE .
C. TWENTY-FOUR-HOUR SCPERVISION SHALL BE PROVlDED BY
QUALIFIED STAFF .
D. ALL FACILITIES SHALL BE LOCATED SO AS TO PRO\lDE
CONVENIENT ACCESS TO GROCERY AND OTHER RETAIL STORES
AND OTHER COMMERCIAL SERVICES , PUBLIC TRA:-.iSPORTATION
ACCESS POINTS AND PUBLIC RECREATION FACILITIES .
E. ANY GROUP LIVING FACILITY WHOSE RESIDENTS INCLUDE ANY
INDIVIDUAL WHO HAS BEEN CONVICTED BY ANY COURT OF MORE
THAN ONE MISDEMEANOR OR FELONY INVOLVING PROPERTY
DAMAGE OR PERSONAL INJURY THAT WAS COMMITTED WHILE HE
OR SHE WAS A RESIDENT OF THE GROUP LIVING FACILITY SHALL
BE DEEMED TO BE A PUBLIC NUISANCE . AND SHALL BE SUBJECT
TO THOSE ENFORCEMENT ACTIONS AND PENALTIES APPLICABLE
TO OTHER PUBLIC NUISANCES WITHIN THE CITY .
F.
G .
PRIOR TO INITIATING OPERATIONS , AND PRIOR TO MOVING
OPERATIONS TO A DIFFERENT FACILITY , AND ON OR BEFORE
DECEMBER 31 OF EACH CALENDAR YEAR. THE OPERATOR OF EACH
GROUP LIVING FACILITY SHALL SUBMIT TO THE CITY A
PHOTOCOPY OF A VALID AND CURRENT CERTIFICATE OR LICENSE
ISSUED BY THE STATE OF COLORADO IF ANY SUCH CERTIFICATE
OR LICENSE IS REQUIRED FOR THE OPERATION OF THE FACILITY.
IF ACTIVE AND corilINuous OPERATIONS ARE NOT CARRIED ON
FOR A PERIOD OF if' CONSECUTIVE MONTHS IN A GROUP LIVING
FACILITY APPROVED AS A CONDITIONAL USE , THE GROUP LIVING
FACILITY SHALL BE CONSIDERED TO BE ABANDONED . THE USE
MAY BE REINSTATED ONLY AFTER OBTAINING A NEW
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H . AS AUTHORIZED BY 42 USC 3604(1)(9), NO GROUP LIVlNG FACILITY
SHALL PROVlDE HOUSING TO ANY INDIVlD AL WHOSE TENANCY
WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR
SAFETY OF OTHER INDIVIDUALS OR WHOSE TENANCY WO U LD
RESULT IN SUBSTANTIAL PHYSICAL DANGER TO THE PROPERTY OF
OTHERS.
16-4-23-+-3: REASONABLE ACCOMMODATION : THE FEDERAL FAIR
HOUSING ACT, AS AMENDED . REQUIRES THAT LOCAL GOVERNMENTS BE
PREPARED TO MAKE "REASONABLE ACCOMMODATIONS" IN ORDER TO
PERMIT HOUSING FOR CERTAIN PROTECTED GRO UPS TO OCC U R IN
CERTAIN TYPES OF RESIDENTIAL AREAS . IN RESPONSE TO A WRITTEN
APPLICATION IDENTIFYING THE TYPE OF HOUSING BEING PROVIDED
AND THE PORTIONS OF THE FAIR HOUSING ACT THAT REQUIRE THAT
REASONABLE ACCOMMODATIONS BE MADE FOR SUCH HOUS ING . THE CITY
MANAGER OR DESIGNEE IS AUTHORIZED TO TAKE ANY OF THE
FOLLOWING ACTIONS IN ORDER TO PROVlDE REASONABLE
ACCOMMODATIONS WITHOUT THE NEED FOR A REZONING OR VARIANCE
PROCESS :
A. MODIFY ANY FACILITY SPACING . BUILDING SETBACK, HEIGHT. LOT
COVERAGE, OR LANDSCAPING REQl IREMENT BY NO MORE THAN
10%; OR
B . REDUCE ANY OFF-STREET PARKING REQ UIREMEN"f BY NO MORE
THAN ONE SPACE.
C . THE CITY MANAGER OR DESIGNEE MAY APPROVE A TYPE OF
REASONABLE ACCOMMODATION DIFFERENT FROM THAT
REQUESTED BY THE APPLICANT IF HE/SHE CONCLUDES THAT A
DIFFERENT FORM OF ACCOMMODATION WOULD SATISFY THE
REQUIREMENTS OF THE FAIR HOUSING ACT WITH FEWER IMPACTS
ON ADJACENT AREAS . THE DECISION OF THE CITY MANAGER OR
DESIGNEE SHALL BE ACCOMPANIED BY WRITTEN FINDINGS OF
FACT AS TO THE APPLICABILITY OF THE FAIR HO USING ACT . THE
NEED FOR REASONABLE ACCOMMODATIONS , Ai\lD THE AUTHORITY
FOR ANY REASONABLE ACCOMMODATIONS APPROVED . REQ UESTS
FOR TYPES OF ACCOMMODATION THAT ARE NOT LISTED ABOVE
MAY ONLY BE APPROVED THROUGH A ZONING VARIANCE OR
REZONING PROCESS .
Sectjon 3. The Englewood City Council hereby amends Title 16 , Chapter 4 .
Section 5 , amending Paragraph 0 , of the Englewood Municipal Code, 1985 , as follows :
16-4-5-0. Conditional Use: Provided the public interest is fully protected and the
following uses are approved by the Commission, except for those group homes which
are required by State statute, the following provisions apply:
l. Large child care home. Accessory play equipment shall be located in the rear
yard.
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Gre11p hemee nhieh sre lieu1seel Ii) the 6t11te enel .. hieh pre,iele t .. ent., fetH"
(l! I) he11r e11peP\ ieien .
&. Ne tu e €lil) ,:re11p hemes , "hether 11neler the ssme er elifferent
epeneerehip , shsll l,e leesteel .. ithtn the !!ll!'le hleek er .. ithin the l,leeks
11iij11eent te the hleek in "hieh the gre11p heme 1s leesteel . Thts shell net
inel11ele ,:re11p hemee er helf .. 8) he11eee fer persens I elesseel frem
eerreetteftal tlH1titttaeP1:s er fseH:itles .
&. Gre11p hemee m11et prel'iele ene eff street psrlttng spsee fer eeeh memher
ef the etllff en el11t,, ena ene spsee fer eseh fetH" ( I) resielent elients.
3 . 2 . Dependent Care Centers: Structures used as educational ins titutions , r e ligio u s
institutions or public facilities , existing at the time of the enactme nt of this
Ordinance, may be converted for use as dependent care centers .
Sectjon 4. The Englewood City Council hereby amends Title 16 , Chapte r -1 .
Section 6 , amending Paragraph N , of the Englewood Murucipa l Cod e , 198 5 , as foll ow s :
16·-1-6-N. Conditional Use: Provided the public interest 1s full y prot ec t e d . the
following uses are approved by the Commission. except for those group hom es whic h
are required by State statute, the following provisions s hall apply :
I. Large child care home . Accessory play equipment s hall be locate d m t h e r ear
yard.
~-Gre11p Heme 11 . Gre11p hemes, ""hieh ere lieenseel h) the Stste ef Celersae 11na
whteh prel'iele tnene, klllr (lilt) he11r e11pePYi11ien . This shsll net ineh1ele ,:re11p
heme a er half uu a, he118e8 f'ep persens releaM?d {rem eePPeetienal iftstitttt:ien.8 er
fseil:itiee.
&. Ne tne (lil) ,:re11p hemes , .. hether 11naer the ssme er fiifferent
11peneeP11bip, ehsll he leeseea "ithin the esme hleek er "ithin the hleelis
eeljseent t,e, the hleek in "hieh the !fP811p hel!'le is lees tea .
&. Gre11p heme11 m11et pre l'iele ene eff street psrltlng spsee fer eeeh memher
ef the stsff en el11e,, enel ene epeee fer eseh fetH" ( 4) resielent elients.
3 . 2 . Dependent Care Centers. Structures used as educational institutions, religious
institutions or public facilities , existing at the time of the enactment of this
Ordinance, may be converted for use as dependent care centers .
Sectjon 5. The Englewood City Council hereby amends Title 16, Chapter 4 .
Section 8 , Paragraph B , of the Englewood Municipal Code , 1985, as follows :
16·-1·8·8. Permitted Principal Uses .
I.
2 .
Single-family detached dwelling.
Single-family attached dwelling.
3 . Two-family dwelling with at least onl! party wall under a common roof.
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Multi-family dwellings. Phuu,es se,elepment eppre.el is reqtttreli fur mere
then futtP (I) tHHtfl .
Hospitals and clinics , but not animal hospitals or clinics .
Retit cmcnt er 8ertlet eitiecn he1:1s1ftg , rest hemes anei nttrsing hemes. Planneft
tie ele1'me,1t fll'I'"' n.l te req1tt1 eft .
!l-. 6 . Professional offices m wluch chattels or goods , wares or merchandise are not
commel'C.lall y created or sold .
8 . 7 . Dependent care centers .
~-8. Educational institutions.
W . 9. Religious institutions.
11. Public facilities and buildings .
Sectjon 6. The Englewood City Council hereby amends Title 16 , Chapter -1 ,
Section 9 , Paragraph B, of the Englewood Municipal Code , 1985, as follow s:
16-4-9 : R-4 RESIDENTIALJPROFESSIONAL DISTRICT:
This District is designed to achieve stability of land use and land value through
minimizing the adverse effects of adjoining incompatible districts. To these ends ,
development is limited to a medium-high concentration and permitted uses are
typically single-family and two-family dwellings . certain professional uses compatible
with the District and private off-street parking lots . This District should be applied
only in sufficient size to properly perform the above objective . This is normally
construed to mean at least one-half (1/2) block in depth and one full bl oc k m le ngth .
A. General Regulations : The provisions found in this Zone District s hall be
subject to the requirements and standards found in Chapter 16 -5, Ge neral
Regulations, of this Title , unles s otherwise provided for in this Ordinance or an
amendment hereto.
B. Permitted Principal Uses: No building, structure, or land s hall be used and n o
building or structure shall be erected , structurally altered, enlarged or
maintained , unless otherwise provided for in this Ordinance, exce pt for one or
more of the following uses:
l.
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Any use permitted in the R-2 Zone District.
Administrative and professional offices , provided that neither
merchandise is handled for sale nor merchandising services are rendered
on the premises, except such as are incidental or accessory to the
principal use .
Nwstftg 11118 reet hemee.
4. 3 . Medical and dental and/or optical laboratories .
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&. 4 . Small child care centers. Accessory play equipment shall be located in the
rear yard.
&. Be11r!it11g er reemi11g hetteee.
+. 5 . Private off-street parking lots , the s urface of which shall be of hard
surface, either paved with asphalt, concrete or brick pavers .
Sectjon 7. The Englewood City Council hereby amends Title 16 , Chapter 4,
Section 9 , amending Paragraph N, of the Englewood Municipal Code , 1985, a s foll ows:
16-4-9-N. Conditional Use: Provided the public interest is fully protected and the
following use is approved by the Commission :
1. Dependent care centers.
a. Grettp hemes, "hteh 11re liee11sed 1i, the State ef Celerade, 1111!1 "hie!, pre, ide
t .. e"*' fettr OH) hettr et1pel'Yieie11 .
&. l'le grettp heme eh11H he leeated "itlli11 1111 eight ht1t1dred feet (899')
raditte ehhe prepeeed grettp heme .
It. Grettp hemes mt111t pre oide eff street p11rlti11g fer eael, memher ef tile staff
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Sectjon 8. The Englewood City Council hereby amends Title 16 , Chapter 5, Section
5, of the Englewood Municipal Code , 1985, as follows:
16-5-5: PRIVATE OFF-STREET PARKING STANDARDS:
A. Minimum Standards. In consonance with the purpose of zoning regulations , as
stated in this Comprehensive Zoning Ordinance , "to lessen congestion in the
streets", motor vehicle and bicycle parking spaces are to be maintained as se t
forth below ; however, nothing in these standards shall be deemed to deprive
the owners or operators of said buildings or uses of the right to maintain
control over all such land and structures or to make whatever changes they
deem appropriate for the use of such private off-street parking space . U nl ess
otherwise provided in this Ordinance, the following are minimum off-street
parking requirements for the indicated uses .
1.
2 .
Amusement facilities ,
auditoriums , assembly
halls, convention
facilities, dance
halls , gymnasiums,
theaters, skating rinks
Auto dealerships
(new and used)
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1 s pace for each 3 seats .
1 space for each 2 employees at
maximum employment on a single
shift, plus 2 spaces for each 300
square feet of sales/office , repair or
maintenance space .
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3. Bowli n g alleys 4 spaces per lan e , plus 1 addition a l
s pace fo r each 2 em ployees .
4. Churches 1 s pace fo r each 3 seats or every 6 feet
of bench le n gth in t he m ain assembly
ar ea or a uditor i um.
5 . DORMITORIES. ONE PARKI NG S PAC E PE R
FRATERNITIES, AND TWO BEDS.
SORORITIES
&6. Educational institutions .
a . Eleme ntary school s l s pace for each classr oom a n d
a dm inistr a tive office.
b . Seco ndary schoo ls a n a r ea equal to 1/2 t he gros s fl oo r
area in t he structure .
&7. Rooming a nd boarding houses l s pace fo r each gue st bed in a ddition
to the si n gle-family dwe lling
requir ement.
8 . GRO UP LIVI NG O NE PARKI NG S PACE P E R
FACILITIES 3 ....Ji:etl1f'RESIDENT BEDS PLUS ONE
PARKI NG S PAC E F OR EAC H
THREE E MPLOYEES .
~9 . Hosp ital s I space for each 2 pat ie nt be ds , p lu s l
space for each 2 e m ployee s on d u ty .
!HO. Hotels a nd motels l s pace fo r eac h guest r oo m , plus l
a dditional s pace fo r each 2 employees .
Parkin g for co nve ntion fa cilit ies a nd
dining a reas in the hotel s ha ll conform
with t he re quire me n ts set fort h
herein .
~-11. Industrial a nd/or an area equa l to ''• t he gross fl oor
manufacturing a rea occ upied by t he use in a
s tructure .
12 . NU RSI NG HOMES O NE PARKI NG S PAC E PER
FO UR RESIDE NT BEDS PLUS O NE
PARKI NG SPACE FOR E AC H
THREE EMPLOYEES .
i-913 . Office s . bus iness, professional 1 s pace per each 300 square feet of I • 0 • agencies and banks renta bl e a rea; excluding public are a s .
common hallways, and common
bathrooms .
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Public buildings
Single-family dwelling
Two or more family dwellings:
Efficiency , 1 or 2 bedroom units
Three or more bedroom units
Such parking shall be designated
and identified as parking for the
occupants of the building only.
Guests or visitors, 5 or more
dwelling units
Such parking shall be designated
and identified as temporary
parking for the use of guests or
visitors or the occupants of the
building only .
Restaurants. bars, taverns
Retail or service business:
Under 7 ,500 square feet
7 ,500 square feet
Senior citizen residential
complexes
Warehousing and wholesale
business
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an area equal to 1/, the gross floor
area in the structure.
2 spaces per each dwelling unit.
11/2 spaces per each dwelling.
2 spaces per each dwelling unit.
1 space for each 5 units.
1 space per each 60 square feet of
gross floor area .
an area equal to 1/2 of the gross floor
area ;
gross floor area and above an area
equal to the gross floor area .
. 75 parking spaces per unit plus one
guest space for each 5 units .
an area equal to 1/4 of the gross floor
area of the structure or structures.
Mini-warehousing, parking and loading.
a.
b.
Customer parking shall be provided at the manager's office
calculated on the basis of one space for each six thousand (6 ,000)
square feet of floor area and open storage. or one space for each one
hundred (100) storage units or spaces, whichever is greater. Two
(2) additional parking spaces for employees shall be provided at
the manager's office .
A marked loading lane shall be provided adjacent to the exterior of
any structure in which storage units are located and where such
units have direct access to the exterior of the structure. Such
loading lane shall be clearly marked for the exclusive use of the
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lessees of said storage units and shall not be used for the
temporary or permanent storage of any item . Loading lanes shall
be a minimum of nine feet (9 ') in width.
-i-8 21. Parlung for bicycles shall be provided as follows :
a . Bicycle facilities shall be provided for any new building constructed,
for any addition or enlargement of an existing building or use , and
for any change in the occupancy of any building or the manner in
which any use is conducted that would result in additional parking
facilities being required subject to the provisions of this Ordinance.
b . No existing use or structure shall be deemed nonconforming solely
because of the lack of bicycle facilities prescribed in this Chapter,
provided that bicycle facilities existing on the effective date of this
Ordinance shall not be reduced in capacity, design , or function to
less than the minimum standards prescribed in this Ordinance.
c. Bicycle parking facilities shall include provisions for storage and
locking of bicycles in secure racks or equivalent mstallauon m
which the bicycle frame and wheels may be locked by the use r .
d. Bicycle facilities required by this Section shall be maintained for
the duration of the use requiring such facilities , and shall not be
used for other purposes.
e . Location: Bicycle Facilities.
f.
(l) Parking for bicycles shall be provided on-s ite or on a s ite
within one hundred feet (llJO').
(2) Bicycle parking areas shall be well lighted and located as
near to the building or facility entrance as possible , without
interfering with pedestrian traffic.
(3) If possible , bicycle parking areas should utilize already
existing weather protected areas such as building overhangs.
(4) If such bicycle and automobile parking areas or accessways
abut each other, there shall be provided a physical barrier
between the bicycle and automobile areas to prevent the
possibility of the hitting of a bicycle or its operator by a motor
vehicle.
(5) All designated bicycle parking areas shall be accessible by
ramps .
Parking for bicycles shall be provided as follows:
Multiple-family residential use·· one bicycle parking space per each
two (2) dwelling units; facilities solely for senior citizen residential
use shall provide one bicycle space for each twenty (20) units.
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Nonresidential uses ·· one bicycle parking space per each ten (10)
parking spaces required for automobiles, but not less than two (2)
spaces per premises, unless otherwise specified below .
(1) Drive-in theater. mortuary, auto service station , automobile
services, drive-up windows providing services to occupants
in vehicles·· none .
(2) School (Grades K-8) ·· one bicycle parking space for each
twenty (2 0) students.
(3) School (Grades 9-12) •• one bicycle parking space fo r eac h
thirty (3 0) students .
(4) Commercial recreation one bicycle parking space for each
twelve (12) persons' capacity.
(5) Community facilities . including s wim club . tenms cl ub .
community centers, neighborhood centers a nd 1mtl a r
activities ·· one bicycle space for each twelve (12) person s'
capacity.
Minimum Standards for Other Uses . In case of a use not s pecifically
mentioned, the private off-street parking standards mentioned . t o which aid
use is generally similar, s hall apply .
C. Mixed Uses. In the case of mixed uses , the total shall be the s um of the
requirements of the various uses .
D. Location. The parking area must be provided on the same property as the
principal building, except that in Commercial and Industrial Di stricts the
required private parking may be within four hundred feet (4 00') of the
property. but within the same District or R-4 District. Such se parate parkmg
lots may be maintained as long as the principal building or uses are
maintained.
E .
F .
G .
Use of Off-Street Parking by Another Building. No part of an off-street parking
space for any building or use shall be included as a part of an off-street
parking space of another building or use , unless such uses do not conflict with
each other and joint use is made by contract, approved by the Commission,
and subsequently recorded in the records of the Clerk and Recorder of
Arapahoe County .
Existing Parking Areas . Private off-street parking space being maintained in
any zone district in connection with any existing building or use on the effective
date of this Ordinance shall be hereafter maintained except that it shall not
require more than that required for a new building or use in conformance with
this Ordinance.
Plan for Parking Areas in Planned Development. A parking plan shall be
provided for any development for which a Development Plan is required . Such
parking lot plan shall be submitted to the City Planning and Zoning
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Commission for investigation a nd app roval as part of t h e conside r atio n of the
Planned Development.
H . Compact Cars. Forty percent (4 0%) of the r eq uired off-street pa rking m ay be
provided in compact car s paces . Such sp aces s hall be po s ted for co mpact car
parking only.
I. Handicapped Parking.
1. The minimum number of required handicapped parking spaces shall be
as follows:
Total Number of
Required Parking Spaces Required Hand icapped Spaces
1 to 25 Spaces 1 Handicapped Space
26 to 50 Spaces 2 Handicapped Spaces
51 to 75 Spaces 3 Handicapped Spaces
76 to 100 Spaces 4 Handicapped Spaces
101 to 150 Spaces 5 Handicapped Spaces
151 to 200 Spaces 6 Handicapped Spaces
201 to 300 Spaces 7 Handicapped Spaces
301 to 400 Spaces 8 Handicapped Spaces
401 to 500 Spaces 9 Handicapped Spaces
501 to 1,000 Spaces 2 .0% of Total Required Spaces
1,001 Spaces and Over 20 Handicapped Spaces plus 1
handicapped space for each 100
spaces over 1,000 spaces
2 . The size of the handicapped space s hall be eight feet (8") in width .
nineteen feet (19') in depth with five foot (5') access aisles .
3. Each handicapped space shall be marked with a freestandin g sign a nd
pavement markings using the standard uniform words, sy mbol s a nd
colors that signify that the space is for parking by the handicap ped only.
4 . Designated handicapped spaces shall be located as near to the entranc e
of the use as possible and shall be generally de signed so that pedestrian
access between the parking space and the building s hall not involve
crossing an area used for vehicular circulation.
5 . Access ramps usable by the handicapped shall be provided for any
change in grade between the parking space and the use.
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6 . The total number of s paces provided for the handica pped sh a ll be
included in the total number of parking spaces otherwise required by this
Ordinance .
J . Private Off-Street Parking Spaces in Res idential Di stricts . Private off-street
parking spaces in residential di stricts shall be prohibited within ten feet (10 ')
of the property line adjacent to any street.
K. Landscaping. Off-street parking areas s hall co mpl y with the land sca pe section
of the Comprehensive Zoning Ordinance .
L. Snow Removal and Snow Storage . Owners of parkmg lots havi ng fifty (50 ) or
more spaces shall provide a de s ignated area for the storage of snow r emoved
from the lot . Such storage area shall n ot be in a required parking s pa ce or
spaces.
Sectjon 9. Safety Clauses The City Council. her e by find s . determmes, a nd
d eclares that this Ordinance is promulgated under the general police power of the
C ity of Englewood , that it is promulgated for the health . safety , and we lfare of t he
public, and that this Ordinance is necessar y for the preservation o f health and afe ty
and for the protection of public convenience and welfare . The Cit y o uncil furth e r
d etermines that the Ordinance bears a rational relation to the prope r leg1 s lat1v e
object sought to be obtained.
Sectjon 10 . Seyerabjlity If any clause , sentence , paragr aph . or part of th is
Ordinance or the application thereof to any person or circumstances s hall for any
reason be adjudged by a court of competent jurisdiction mvalid . u ch Judgment hall
n ot a ffect, impair or invalidate the remainder of this Ordinance or its a pph cauon to
other persons or circumstances.
Sectjon J J Inconsjstent Ordinances Nothing herei n contamed s hall be deemed
a waiver of the provisions of any other Code section or regulation app li ca bl e to
fe nces . If there is a conflict between the regulations in this Section and a ny othe r
Code ection or regulations, the more strmgent r egulations s hall apply .
Sect1on I 2. Effect of repeal or modjficatjon The repe a l or modification of a ny
provision of the Code of the City of Englewood by this Ordinance s hall not r elease,
extmgu1sh, a lte r , modify , or change in whole or in part any penalty , forfeiture, or
liability , either civil or criminal, which shall have been incurred under s uch provisio n ,
a nd each provision shall be treated and held as still r emaining in forc e for the
purposes of s ustaining any and all proper actions, suits, procee dings , a nd
prosecutions for the enforcement of the penalty, forfeiture , or liability, as we ll as for
the purpose of sustaining any judgment, decree , or order which can or may be
r endered , entered, or made in such actions, suits, proceedings. or prosec utions .
Sect10n 13 . fena.lty . The Penalty Provision of E.M .C. Sect10n 1-4-1 s hall apply to
each a nd every violation of this Ordinance .
Sectjon 14 . Exjstjng lJses . Any use in existence prior to the effective date of this
Ordinance, which is not otherwise addressed by conditional use limitations, which
does not conform to the limitations established by this Ordinance, shall be
nonconforming. A nonconforming use, allowed pursuant to this Section, may remain
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at its location as a legal nonconforming use subject to the termination requirements
of nonconforming uses as described in this Title. Because it is a purpose of this
Ordinance to eliminate nonconforming uses, a nonconforming use shall not resume if
it has been discontinued for a continuous period of at least one hundred and eighty
days or would terminate as provided for in the general nonconforming use provisions
of this Title.
Introduced, read in full , and passed on first reading on the 20th day of September.
1999.
Published as a Bill for an Ordinance on the 24th day of September, 1999.
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A . Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and pa11&ed on first reading on the 20th day of September, 1999.
Loucrishia A . Ellis
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ORDINANCE NO._
SERIES OF 1999
BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 57
INTRODUC~CIL
MEMBER~~=-:....;;;;~.:.=..._~
AN ORDINANCE AMENDING ORDINANCE NO . 21, SERIES OF 1999, MORE
SPECIFICALLY DEFINING THE VACATION OF RIGHT-OF-WAY ALONG THE
500-800 BLOCKS OF WEST FLOYD AVENUE BY THE CITY OF ENGLEWOOD .
WHEREAS, the Englewood City Council authorized the vacation of Right-of-Way
along the 500-800 blocks of West Floyd Avenue with the passage of Ordinance No . 21 ,
1999; and
WHEREAS , Ordinance No . 21 , 1999 , authorized the vacation with the City
retaining a "General Utility Easement" for the entire vacated Right-of-Way for any
existing and future utilities; and
WHEREAS , as a condition of closing , the easement must be specific for it's use ; and
WHEREAS, the City shall retain an easement over the more specifically defined
vacated portion of Right-of-Way for any existing and future utilities; and
WHEREAS, the City shall retain a specific easement entitled "Little Dry Creek
Conduit Easement" of the vacated portion of Right-of-Way encumbering Lot 1, Block 9 ;
and
WHEREAS , the passage ofthis Ordinance will redefine the easement for it's
intended use ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The amended Vacation of Right-of-Way along the 500-800 blocks of
West Floyd Avenue such easement is specifically described as to their intended use is
hereby approved by the Englewood City Council as follows:
l. A general utility easement shall be retained by the City of Englewood for the
following described vacated portion of Right-of-Way:
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All of the vacated Right-of-Way, per Ordinance No . 21 , 1999, except that
portion lying within the following described parcel:
That part of the Southwest one-quarter of Section 34, Township 4
South. range 68 West of the 611, P .M ., more particularly described as
follows :
Commencing at the Southwest comer of said Section 34 ;
thence South 89 degrees 50 minutes 22 seconds East along the South
line of the Southwest one-quarter of said Section 34 , a distance of
948.07 feet ;
thence North 00 degrees 01 minutes 23 seconds East along the
Westerly
Right-of-Way line of South Elati Street and said Right-of-Way
extended
Southerly, a distance of 430.59 Feet to the True Point of Beginning;
thence South 89 degrees 53 minutes 01 seconds West a distance of
626.19 Feet
to the Centerline of South Galapago Street extended;
thence North 00 degrees 09 minutes 38 seconds East along said
extended
centerline, a distance of 846 .96 Feet to a point lying 45 .9 Feet
southerly
from the North line of the Southwest one-quarter of the Southwest
one-quarter
of said Section 34 ;
thence North 89 degrees 53 minutes 01 seconds East, parallel with
said North
line a distance of 624 .16 Feet to a point on the aforesaid We sterly
Right-of-Way line of South Ela ti Street;
thence South 00 degrees 01 minutes 23 seconds West along said
Westerly
Right-of-Way line a distance of 846.95 Feet to the True Point of
Beginning .
To be known as:
Lot 1, Block 9 ,
Englewood City Center Filing No . 1.
2 . A "Little Dry Creek Conduit Easement" shall be retained by the City of
Englewood for the following described vacated portion of Right-of-Way :
That portion of the vacated Right-of-Way , per Ordinance No . 21 , Series
1999, lying within the following described parcel:
That part of the Southwest one-quarter of Section 34, Township 4
South, range 68 West of the 611, P .M ., more particularly described as
follows :
Commencing at the Southwest corner of said Section 34 ;
thence South 89 degrees 50 minutes 22 seconds East along the South
line of the Southwest one-quarter of said Section 34, a distance of
948.07 feet ;
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thence North 00 degrees 01 minutes 23 seconds East along the
Westerly
Right-of-Way line of South Ela ti Street and aaid Right-of-Way
extended
Southerly, a distance of 430 .59 Feet to the True Point of Beginning;
thence South 89 degrees 5.3 minutes 01 seconds West a distance of
626.19 Feet
to the Centerline of South Galapago Street extended:
thence North 00 degrees 09 minutes 38 seconds East along said
extended
centerline, a distance of 846.96 Feet to a point lying 45 .9 Feet
southerly
from the North line of the Southwest one-quarter of the Southwest
one-quarter
of said Section 34;
thence North 89 degrees 53 minutes 01 seconds East, parallel with
said North
line a distance of 624.16 Feet to a point on the aforesaid Westerly
Right-of-Way line of South Ela ti Street;
thence South 00 degrees 01 minutes 23 seconds West along said
Westerly
Right-of-Way line a distance of 846.95 Feet to the True Point of
Beginning.
To be known as:
Lot l , Block 9,
Englewood City Center Filing No . l.
Introduced, read in full , and passed on first reading on the 20th day of September,
1999.
Published as a Bill for an Ordinance on the 24th day of September, 1999 .
Thomas J . Bums, Mayor
A:n'EST:
Loucriahia A. Ellie, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 20th day of September, 1999 .
Loucriahia A. Ellie
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W. FLOYD AVEN UE
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Date
September 20 , 1999
INITIATED BY
COUNCIL COMMUNICATION
Agenda Item
11 a ii
STAFF SOURCE
Subject
Amendment to Ordinance No . 21 ,
Series 1999 (West Floyd Avenue
vacation)
Department of Public Works and Englewood
Environmental Foundation. Inc .
Rick Kahm , Capital Projects Manager I Director
Englewood Environmental Foundation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action supports redevelopment of CityCenter .
Council approved Ordinance No . 21. Series 1999 , vacating a portion of West Floyd Ave .
RECOMMENDED ACTION
Staff recommends council approval of a Bill for an Ordinance amending Ordinance No . 21. Series 1999. This
amendment redefines the easement retained through the proposed Walmart property from a "General Utility
Easement" to a specific easement tided "Little Dry Creek Conduit Easement".
BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Ordinance No. 21, Series 1999 vacated the south 66 feet of West Floyd Ave . between South Elati St. and South
Huron St. Per recommendation of the Englewood Utilities Department . the C ity retained a "General Utility
Easement for the entire vacated Right-of-Way.
Walmart, through their local attorney , advised us of their objection to general utility easements encumbering their
property . As a condition of closing , the easement must be specific for it's use . This amendment will redefine the
easement for it's intended use.
FINANCIAL l~PACT
None
LIST OF ATIACHMENTS
Bill for an Ordinance
Map of easement location
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ORDINANCE NO. 6ft--
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 52
Ii TRODUCED BY CO U NCIL
MEMBER WAGGONER
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
WITHIN PAVING DISTRICT NO . 38. IN THE CITY OF ENGLEWOOD , COLORADO ;
APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT
OR TRACT OF LAND IN SAID DISTRICT ; ASSESSING A SHARE OF THE COST AGAJ:--;ST
EACH LOT OR TRACT OF LAND ; AND PRESCRIBING THE '.\1.-\:,.JNER FOR THE
COLLECTION AND PAYMENT OF THE ASSESSMENTS .
WHEREAS, by Ordinance No. 34. Series of 1997. passed on final reading on May 19. 199i .
the City Council of the City of Englewood , Colorado, ha created Panng Di s trict :-J o. 38. w1thm
the City for the purpose of constructing and installing paving. curb . gutte r . a nd s id ewalk
improvements, together with necessary mcidentals on a certam stree t w1thm the Di strict : a nd
WHEREAS . the Englewood City Council approved Ordinance :,.Jo . 54 . Series of 1998,
passed on final reading on August 17 , 1998. which amended Paving Dis trict No . 38 . within
the City of Englewood : and
WHEREAS, the improvements authorized by said Ordinances have been s tarted and are
anticipated to be comp leted in 1999, and the total cost of s uch Lmprovements have been
reliably ascertained; and
WHEREAS, an assessment roll has been prepared and a statement showing the total cos t
of the improvements has been duly filed with the City Clerk : and
WHEREAS, from the statement made and filed . 1t appea r s that the total co s t of the
improvements to be constructed and installed within the D1str1ct shall be $1 ,394,470.83, of
which amount $735 ,534.43, is being assessed against the real property within the District;
and
WHEREAS, the City Council has apportioned a share of the total costs to each lot or tract
of land within the District, in accordance with the benefits to be derived by s aid property and
in the proportions and amounts severally set forth in "Exhibit A" attached to thi s Ordinance;
NOW , THEREFORE , BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. Confirmatjon of Assessment Ron. The apportionment of the assessments is
hereby approved and confirmed. Said apportionment is hereby declared to be in accordance
with the special benefits which the real property in the District will receive by reason of the
construction and installation of the improvements. A share of said cost is hereby assessed to
and upon each lot or tract of land within the District in the proportions and amounts as set
forth in the assessment roll , attached hereto as "Exhibit A".
Sectjon 2. Payment of Assessments . The assessments shall be due a nd payable at
the office of the Director of Finance of the City, on or before November 10, 1999, in accordance
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with Section 11 -2 -7(C ) of t h e Englewood Municipal Code : pronded that a ll s u ch assessme nts
may be paid, at the election of the property owner, in in sta llments. with inte r est as
he reinafter set forth . An a ll owa nce of 5% s hall be made on all payments of assessme nts
made on or before November 8 , 1999. but not ther eafte r .
Failure to pay the whole assessment on or before :'li ove mber 10 . 1999, s hall be
co nclusively co nsidered a nd held an electi on on the part of all pe r a n s interes t ed. wh ether
under disa bility or ot herwise , to pay in installments. Addit10nally. s u ch electio n s hall be
conclusively co nsider ed to be a waiver of any right to ques tion the power or 1urisdict10n of t he
City to construct the improvements, the quality of the work . the regularity or s uffi cie ncy of the
proceedings . the validity or the correctness of the as essments, or the validity of the lie n
the reof.
In the eve nt of an election to pay in installments. the assessme nts s h a ll be payab le a t
the office of the Co unty Treasurer of Arapahoe Co unty, Co lorado , in ten (I 0 ) e qual a nnua l
installments of principal, the first of s uch installme nts of principal s hall be due a nd payabl e
on or before the 1st day of J ,muary 2000. The remainde r of the ins tallm e nts h all b d ue a nd
payable s ucces ively on or befo re the 1st day of January in each yea r thereafter until paid in
full . The tenth and last installment s hall be due and payable on January 1. 2009 . Inte r st
on the unpaid principal a mount s hall be at the r ate of seven a nd o ne -half pe r ce nt (7 .5°·o) pe r
annum. co mm e ncing on the day foll owing the first installme nt due d ate. and payabl ea ch
year at the time of paying installments of assessments. The owne r of a ny pro pe rty not in
default as to any 1n tallment or payment may , at any time . pay the whole of t he unp a id
principal with accr ued in te r est to the date of the next assessment in s t all m e n t paym ent date .
Secuon 3. Penalty for Default or Nonpayment . F a ilure to pay a ny in stallment.
whe ther of prmc,pal or interest, when due shall cause the whole of the unpa id principal to
become due a nd payable immediately . The whole amount of the unp a id principal and acc rued
interest s hall thereafter draw interest at the rate establis hed purs uant to Sec ti on 5-12-106 (2)
and (3). C .R.S .. until the date of tax sale , as provtde d by law . At a ny time prior t o the date of
the tax s ale, the own er may pay the amount of a ll unpa id in ·tallments with inte rest at the
penalty rate of one pe rce nt (I %) per month or fraction of a month . a nd a ll pe na lues a nd cos t s
of co ll ectio n accrued , and s hall the r e upon be re stored to the right thereafter to pay in
installm e nt in the sam e manne r as ,f default had not bee n s uffe red .
Semon 4. Assessment Ljen · Recordation . All a ses ments levted agains t the real
property in the Di stnct. together with a ll interest thereon a nd pe nalties for default in payment
thereof, and all cost m co llectmg the ame , s hall co n stitute , fr om the date of the final
publication of this Ordinance , a perpetual lien in the sever a l amounts assessed against each
lot or tract of land . Such lien s hall h ave priority over all other li e n s except ge n er a l tax liens
and s hall be enforced m accordance with the laws of the State of Colorado .
Pursuant to Section 31-25-522 , C.R.S ., a copy of thi s Ordinance s hall be filed with the
County Clerk and Recorder of the County wherein each lot or tract of la nd assessed I located ,
for recording on the land records of such lots or tracts of land , and copie s of this Ordmance
shall also be filed with the County Treasurer and the County Assessor.
Sectjon 5 Assessments Against Qjyjded or Subdjyjded Tracts . If a ny tract of real
property included within the District is hereafter divided or s ubdivided into two or more s uch
tracts or parcels , the Director of Finance, with the assistance of the Director of Public Works ,
is hereby authorized and directed to divide the assessment against such tract in the same
proportion that the tract itself is s ubdivided mto two or more s uch parcels , a nd to certify the
revised assessments to the County Treas urer.
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Section 6 Severabj)jty . That if any one or more sections or parts of this Ordinance
shall be adjudged unenforceable or invalid, such judgment shall not affect. impair, or
invalidate the remaining provisions of this Ordinance, it being the intention that the various
provisions hereof are severable.
Sectjon 7. Repealer. All ordinances, or parts thereof, inconsistent or in conflict
herewith are hereby repealed to the extent only of such inconsistency or co nflict.
Section 8. lleaJ::i.D.&. In accordance with the City Charter and the Municipal Code of
the City, the City Council shall hold a public hearing on this Ordinance, on Tuesday .
September 7, 1999, at 7 :30 P.M . or at such later time as the City Council is able to hear it in
its normal course.
Section 9 Publication and Effective Date. This Ordinance, after its final passage,
shall be numbered and recorded. and the adoption and publication shall be authenticated by
the signature of the Mayor and the City Clerk and by the Certificate of Publication . This
Ordinance shall become effective thirty (3 0) days after publication following final passage.
Sectjon 10. Deferred Assessments. A Special Assessme nt Deferral Program is
available to eligible property owners in Paving Dis tnct No . 38, who meet the requirements.
Applications for the Special Assessment Deferral Program must be submitted by October 8 ,
1999 .
Introduced, read in full , and passed on first reading on the 16th day of August, 1999.
Published as a Bill for an Ordinance on the 20th day of August, 1999.
A Public Hearing was held on September 7 , 1999.
Read by title and passed on final reading on the 20th day of September, 1999.
Published by title as Ordinance No . _, Series of 1999, on the 24th day of September.
1999.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and
published by title as Ordinance No ._, Series of 1999 .
Loucrishia A. Ellis
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DESCRIPTION OF PROPERTY
:-IA~E AND ADDRESS
J 971-35-3-23-032
Columbia HealthOne LLC
4643 S. Ulster St. #1200
Denver. CO 80237-2853
1971 -35-3 -:!3-033
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Coleman. Barry F. & Coleman, William A.
6144 S. Kramena St.
Englewood. CO 80111-4241
J 9 7 1-35-3-:3-034
Craig Ho p11al
3425 S. Clarkson St .
Englewood. CO 80110-2811
I 97 1-35-3-23 -037
Craig Hospital
3425 S. Clarkson St.
Englewood. CO 80110-2811
J 9 7 1-35-3 -23-038
Crai g Hospital
3425 S. Clarkson St.
Englewood. CO 80110-2811
l 97 1-35-3-24-001
Columbia HealthOne LLC
4643 S. Ulster St. #1200
Denver. CO 8023 7-2853
l 9 7 1-35-3-24-009
Columbia HealthOne LL C
4643 S. Clster St . 1#1200
Denver. CO 8023 7-2853
l 97 1-35 -3-24-012
Columbia HealthOne LLC
4643 S. Clster St. #1200
Den \'er. CO 80237-2853
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lot Block SUBDIVISION
Evanston
25-30 45 Broadway
Addiuon
HAMPDEN A VEE85 l
Evanston
31-35 45 Broadway
Addiuon
EMERSONSTS3475
Evanston
36-40 45 Broadwa
Addiuon
EMERS0NSTS3435
E\'anston
45-48 45 Broadway
Add111on
E:VIERS0NSTS3401
Evanston
41-44 45 Broadway
Addition
CLARKSONSTS3426
1-1 0& Evanston
14' of 11 46 Broadway
Addition
El'vlERSONSTS3444
S. 11' of 11 Evanston
& 46 Broadway
12-20, etc Addition
EJ'v[ERSONSTS3446
A Portion
of Lots 21-46
24, etc.
HAMPDENA VEE955
Page 1 of 9
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Total Auesmnit
11.511.94
3.941.15
3.941.15
3,152.92
3.152.92
8,323.71
18 ,783.88
2,895.64
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. DESCRIPTION OF PROPERTY
NAME AND ADDRESS LOI Block SUBDIVISION Total Aueuamn
A Ponion Evanston
of Lots 22-46 Broadway
19 7 1-35-3-24-013 24, etc . Addition
Columbia HealthOne LLC EMERSONSTS3496
4643 S. Ulster St. #1200 s 2,872.97
Denver. CO 80237-2853
A Portion Evanston
of Lots 24 , 46 Broadway
l 97 1-35-3-24-014 etc. Addition
Columbia HealthOne LLC EMERSONSTS3496
4643 S. Ulster St. #1200 s 731.10
Denver. CO 8023 7-2853
23-24 5 Skerrins Add
20 77 -03 -2-02-011 2nd Fig .
James R. Sulhvan CHEROKEESTS36 l 0
3610 S. Cherokee St. s 1.093.98
Englewood. CO 801 10-3526
25-26 5 Skerrins Add
20 77 -03-2-02 -012 2nd F ig .
Fenden, Yance R. & Caterine E. Benson, IT CHEROKEESTS36 I 2
Ten s 1.367 . .&8
3612 S . Cherokee St.
)
Englewood. CO 80110-3526
27-28 5 Skerrins Add
20 77 -03-2-02-0 13 2nd Fig .
George Yance y CHEROKEESTS3620
395 0 S. Kalamath St. s 1.367..48
Englewood . CO 80110
29-30 5 Skemns Add
207 7-03-2-0 2-01 4 2nd Fig.
Memll R .. IT Ten CHEROKEESTS3630 • 3630 S. Cherokee St. s l,36H8
Englewood . CO 80110-3526
31-32 5 Skerrins Add
2077-03 -2-02-01 5 2nd Fig .
Glen D. Werner CHEROKEESTS3638
3638 S. Cherokee St. s 1,367.48
Englewood, CO 80110-3526
33-34 5 Skcmtts Add
20 77 -03-2-02-016 2nd Fig .
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Ma.'l(me ~-Molner & Linda L. Unger, IT Ten CHEROKEESTS3642
3642 S. Cherokee St. s 3,009.25
Eng le wood. CO 80110-3526
Page 2 of 9
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DESCRIPTION OF PROPERTY
~AME AND ADDRESS Lot Block SUBDIVISION Total Assessment
3,4,5 4 Skemtts Add
20 -03-2-14-017 2nd Flg.
M1ke Lee Cooper JEFFERSONA VEW262
2115 W . Chenango Ave. Uni t H s 3 ,463.29
Lmleton. CO 80120-1030
1,2 4 Skerrins Add
2077-03-2-14-018 2nd Fig.
John H. & Joyce Wise. IT Ten CHEROKEESTS3644
3105 S. Gilpin St. s 3.432.31
Englewood. CO 80110-3022
No PP!
Utiliues Depanmem
CITY DITCH 3400 S. Elati s 753.23
Englewood, CO 80110 NO ADDRESS
1-4 4 S kerri tts Add
2077-03-2-14-019 2nd Fig.
Corah Interprize CHEROKEESTS3650 )
3361 E . Maplewood Ave . s 1.937.79
Littleton , CO 80120
unplaned
2077-09-1-00-00 I
Eagle Performance LLC WINDERl\1ERESTS4300
4300 Windermere St. s 26.059.55
Englewood, CO 80110-5539
unplaned
107 -09-1-00-0 0
John L. Cox RADCLIFFAVEW1401
• & Van Schaak Property Management s 16,591.99 7730 E . Belleview Ave . #2 10
Englewood. CO 80111-2605
unplaned
2077-09-1-00-035
Lone Star Plywood & Door Corporation WINDERMERESTS4460
425 Airline Dr. :.200 s 26,418.01
Coppell, TX 750 19-4608 • I • 0
unplaned
2077-09-1-00-035
Lone Star Pl ywood & Door Corporation WINDERMERESTS4460
425 Airline Dr. ;1200 s 39,442.07
Coppell. TX 750 19-4608
Page 3 of 9
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DESCRIPTION OF PROPERTY
;,,/AME AND ADDRESS Lot Block SUBDIVISION Total Assessment
unplaned
~0 7 -09-1-00-083
Windsor Industries , Inc . STANFORDAVEWl351
1351 W . Stanford Ave . s 29,466.55
Englewood. CO 80110-5533
unplaned
20 77 -09-1-00-038
Windsor lndustnes. Inc . STANFORDA VEW1301
1351 W . Stanford Ave . s 3.071 .29
Englewood. CO 80110-5533
unplaned
20 77 -09-1-00-04 l
Noyes & Lamb Linuted Liability Company WTNDER..1\lER.ESTS4 5
4590 Winderemere St. s 16.866.81
Englewood. CO 80110-5541
unplaned
20 77 -09-1-00-08 I
Windsor Industries, Inc . RADCL!FF A VEW J 300
1351 W . Stanford Ave . s 13.650 .39 )
Englewood. CO 80110-5533
unplaned
2077-09-1-00-069
Toil Management LLC WINDER..l\1ER.ESTS4 550
4550 S. Windermere St.. s 36.670.61
Englewood, CO 80110
unplaned
20i7-09-l -00-069
Toil Management LL C WTNDER..l\1ER.ESTS455 0
4550 S. Wi ndermere St .. s 20,186.82
Englewood, CO 80110
• unplaned
20 77 -09-1-00-070
Windsor Industries, lnc. STANFORDAVEWl582
1351 W . Stanford Ave. s 19,276.69
Englewood, CO 80110-5533
• unplaned
2077-09-1-00-082
Windsor Industries, Inc. NO ADDRESS I • 0
1351 W. Stanford Ave. s 3,451.32
Englewood. CO 80110-5533
Page 4 of 9
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DESCRIPTION OF PROPERTY
NAME AND ADDRESS Lor Block SUBDIVISION Tow AliSeSSmnit
2077-09-1-00-074
unplaned
DMH Properties LLC STANFORDAVEW1401
1401 W . Stanford Ave. s 16,837.57
Englewood, CO 80110
2077-09-1-00-07 5 unplaned
Renaud Inc. \V1NDER.M:ERESTS4 390
4390 Windermere St. s 25,508.83
Englewood. CO 80110-5539
2077-09-1-00-075 unplaned
Renaud Inc . W1NDER.\1ERESTS4390
4390 Windermere St. s 5.529.99
Englewood. CO 80110-5539
2077-09-1-00-076
unplaned
Renaud Inc . ~OADDRESS
4390 Windermere St. s 8.3S3.95
Englewood. CO 80110-5539
Be ll Isle )
3 I Gardens
2077-09-1 -16-007 2nd Fig
Popish, James TUFTSAVEW1520
6670 Crestbrook Dr. s 1,326.90
Morrison. CO 80465 -223 2
Bell Isle
2 1 Gardens
2077-09-1-16-008 2nd Fi g
Popish. James TUFTSA VEWl 530
6670 Crestbrook Dr. s 217.S2
Morrison. CO 80465-2232
Bell Isle • 5-8 1 Gardens
2077-09-1-16-0 10 2nd Fig
J M & J Investment s, In . THOMASAVEW1515
% Dame! F. Haney s 21 ,623 .66 1495 W . Thomas Ave .
Englewood. CO 80110-55i7
Bell Isle
5-8 1 Gardens
2077-09-1-1 6 -010 2nd Fig
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J M & J Investments , Inc . THOMASAVEW1515
% Daniel F. Haney s 8,476.48 1495 W . Thomas Ave .
Englewood. CO 80110-5577
Page 5 of 9
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DESCRIPTION OF PROPERTY
;I/A.\1E Ai'iD ADDRESS Lot Block SUBDIVISION Total Assessment
6 l Bell Isle
2077-09-1-16-0 11 Gardens
Carl Weil TIJFTSAVEW1530
2477 CR 132 s 3.S76.6S
Elizabeth. CO 80107
4 I Bell Isle
20 77 -09-1-16-012 Gardens
Joe R. & Barbara A . Zylstra, JT Ten TUFTSAVEW15 JO
1510 W. Tufts Ave. s l,80S.19
Englewood . CO 80110-5538
Nonhem Bell Isle
2 Gardens
20 77 -09-1-1 7-004 half of I 2nd Fi g
Estate of Ernest F. Hofer GARDENSTS464 0
1 Tamarade Ct. s 2.439.58
Lmleton . CO 80117-3596
Southern Bell Isle
half of I 2 Gardens
2077-09-1 -1 7-005 2nd Fig
Charles C. Hane y GARDENSTS4650
3322 W. Aksarbcn Ave . s 2,494.29
)
Linleton . CO 80123-7924
Bell Isle
2 2 Gardens
2077-09-1-P -006 2nd Fig
Garden Lane Warehouse s GARDENSTS46 54
4654 S. Garden Ln . s 3,638.98
Englewood. CO 801 10-5548
Bell Isle
3 2 Gardens
20 77 -09-1-1 -015 2nd Fig
Harold Ausfahl , et al. GARDENSTS4660
600 Watson Ln . s 3,916.04 • Litt leton . CO 80123-2902
Northern Bell Isle halfof 10 2
2077-09-1-1 -022 &11 Gardens
Antonio & Ass unta Bovenzi, JT Ten TIJFTSAVEWJ4 i 0
21 11 S. Harlan St. s 6,774.13
Lakewood . CO 8022 7-361 7
southern Bell Isle halfof 10 2
20 77 -09-1-1 7-023 & 11 Gardens
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Charles C. Haney THOMASA VEW 1493
% Good Decal Co .
1495 W. Thomas Ave . s 6,642.28
Englewood , CO 80110-5577
Page 6 of 9
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DESCRIPTION OF PROPERTY .
NAME AND ADDRESS Lor Block SUBDIVISION Total Assessment
--SOumem Bell Isle half of 10 2 Gardens 2077-09-1-1 7-023 & II
Charles C. Haney THOMASA VEWl493
% Good Decal Co.
1495 W. Thomas Ave. s 7,993.84
Englewood, CO 80110-55 77
Bell Isle
6 2 Gardens
2077-09-1-23-005 3rd Fig
Mildred G . & Mary S. Harr, JT Ten THOMASAVEW1480
6818 S. Ehzabeth St. s 3,235.24
Linleton. CO 80122
Bell Isle
6 2 Gardens
2077-09-1-23-005 3rd Fig
Mildred G . & Mary S . Harr, JT Ten TH0'.\1ASAVEWI480
6818 S. Elizabeth St. s 1.173 .14
Linleton. CO 80122
Bell Isle
7 2 Gardens
2077-09-1-23-006 3rd Fig
L T R Partnership THOMASAVEW1470 ' 1470 W. Thomas Ave. s 6,591 .02
Englewood, CO 80110-5544
Bell isle
7 2 Gardens
2077-09-i -23-006 3rd Fig
L T R Partnership THOMASAVEW1470
14 70 W. Thomas Ave . s 12.777.18
Englewood , CO 80110-5544
Bell isle
3-5 2 Gardens
2077-09-1-23-013 3rd Fig
J M & J Investments, Inc . THOMASA YEW 15 00 • 1495 \V . Thomas Ave . s 13 ,4 17.91
Englewood, CO 80110-55 77
Bell Isle
3-5 2 Gardens
207 7-09-1-23-0I 3 3rd Fig
J M & J In vestments , Inc . THOMASAVEW 1500
1495 W. Thomas Ave . s 1,991.89
Englewood, CO 80110-5577
Bell Isle
• I . 0
I 2 Gardens
2077-09-1-23-014 3rd Fig
Jack & V1 rgm1a Nelligan. JT Ten NO ADDRESS
4675 S. Windermere St. s 3,974.23
Englewood. CO 80110-5542
Page 7 of 9
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DESCRIPTION OF PROPERTY
NAME AND ADDRESS Lot Block SUBDIVISION TotalASMSSIDftll
Southern Bell Isle
Pan of I & 2 Gardens
20 77 -09-1-23-01 5 all of 2 3rd Fig
Knowles. Wayne J. & Dmdo James A . WINDERMERESTS46 I 0
4610 S. Windermere St. s 2.267.66
Englewood. CO 80110-5543
I I Navajo Street
207 7-09-1-24-001 Industrial Park
H & B Enterpnses NA V AJOSTS450 I
4501 S. Nava10 St. s 14.378.04
Englewood. CO 80110-5529
2 I Nava10 Street
20 77 -09-1-24-002 Industrial Park
H & B Enterpnses NO ADDRESS
4501 S. Navajo St. s 3.366.23
Englewood. CO 80110-5529
3 I Navaio Stree t
2077 -09-1-24-006 lndustnal Park
Unned Machmg Inc . NAVAJOSTS-1541
4541 S . Navajo St. s 2.396.20
)
Englewood. CO 80110-5529
2 2 Navajo Street
20 -09-1-:!5-002 lndustnal Park
Windsor lndustnes , In c . STA.WORDAVEW1312
1351 W . Stanford Ave. s 15,417.66
Englewood . CO 801 10 -5533
3 2 Navajo Street
2077-09-1 -2 5-003 Industrial Park
James L. Po pi sh & Jeannie M. Holtz NA V AJOSTS4520
6670 Crestbrook Dr. s 5,913.49 • Morrison , CO 80465-2232
Northern 2 Navajo Street
20 77 -09-1-25-006 half of I Industrial Park
Navajo Enterprises NAV AJOSTS4500
4500 S. Navajo St. s 10 ,752.38
Englewood, CO 80110-5530
Southern 2 Navajo Street
20 77 -09-1-25-007 half of I Industrial Park
• I • 0
Navajo Enterprises NA V AJOSTS4500
4500 S. Navajo St. s 2.376.62
Englewood, CO 80110-5530
Page 8 of 9
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DESCRIPTION OF PROPERTY
;I/AME AND ADDRESS Loi Block SUBDMSION Toral Assessmear
3-10 Angle Sub
2077-09-1-26-002
Charles K. & Rosena M . Angle WINDERMERESTS4450
801 E. Dogwood Ave. s 27,030.61
Littleton. CO 80121-2423
3-10 Angle Sub
2077 -09-1-26-002
Charles K. & Rosena M . Angle WINDERJvlERESTS4450
801 E. Dogwood Ave. s 5,529.99
Littleton , CO 80121 -2423
I Angle Sub
2077-09-l-2i-005
Windsor Industries, Inc . NO ADDRESS
1351 W. Stanford Ave . s 17,583.13
Englewood . CO 80110-5533
2 Angle Sub
2077 -09-1-27-004
\V indsor Industries. Inc . NO ADDRESS
1351 W . Stanford Ave. s 5,600.92
Englewood, CO 80110-5533
unplatted
2077-16-1-00-010
South Suburban Parks & Re crearion D1 stnct NO ADDRESS
6631 S. University Bl\·d . s 28,575.-45
Littleton. CO 80121-2973
unplatted
2077-16-1 -00-0 18
South Suburban Parks & Recreation Di strict BELLEVIEW A VEWJ200
663 1 S. l ni versity Bl vd . s 94,410.32
• Littleton. CO 80 121 -29 73
1.14651602
TOTAL s 735,53,UJ
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Page 9 of 9
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ORDINANCE NO. 53
SERIES OF 1999
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COUNCIL BILL , 0 . 55
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
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AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLOR.ADO , A 'THORIZING THE
ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE AGGREGATE PRl 1 CIPAL AMO ·~--r
OF $612,000.00; PRESCRIBING THE FOR~1 OF THE BONDS : PROVIDING FOR THE
PAYMENT OF THE BONDS FROM SPECIAL ASSESSMENTS IMPOSED UPON PROPERTY
WITHIN PAVING DISTRICT NO . 38 AND MAKING CERTAIN COVENANTS IN CO:'.'JNEC TJO:S:
THEREWITH ; PROVIDING OTHER DETAILS AND APPROVING D0CL'?\1E:'.'JT 1::-J
CONNECTION WITH THE BONDS .
WHEREAS , the City of Englewood, Arapahoe County, Colorado (the ·'City .. ), 1s a horn rul
municipality and political subdivision of the State of Colorado (the "State .. ), duly or ga ruzed and
operating under the Charter of the City (the "City Charter"') and the constitution a nd law s of the
State; and
WHEREAS, by Ordinance No. 34, Series of 1997 , as amended by Ordinance ~o. 5-1 , n es
of 1998, the City Council of t he City has created Paving District No . 38 (the "Distnct"') w1thrn the
City for the purpose of constructing and installing street paving, curb, gutter , sidewa lk and s t orm
drainage improvements, together with necessary incidentals (the "Proiect'") and assessing the cos t s
thereof against the real property included in the District; and
WHEREAS, in accordance with the requirements of Section 20 of Article X of the State
Constitution, at an election duly held on November 4, 1997 , a majority of the votes cast by the
registered electors who were owners of property within or residents of the District approved the
special assessment bonds ; and
WHEREAS , pursuant to Section 110 of the City Charter, the bonded debt of the City may be
sold in such manner that is of best advantage to the City, by negotiated sale, competitive sale or
private placement; and
WHEREAS , after consultation with George K. Baum & Company, the City Cou ncil h as
determined that sale of the bonds by negotiated sale is of best advantage to the City a nd to the
District. as set forth herein ; and
WHEREAS , none of the members of the City Council have any potential conflictmg interes ts
in connection with the authorization, issuance, or sale of the bonds, or the u se of the procee ds
thereof; and
WHEREAS , the City Council desires to authorize the execution of the ne cessa ry and
appropriate documents .
NOW , THEREFORE , THE CITY COUNCIL OF THE CITY OF ENGLEWOOD ,
COLOR.ADO , ORDAINS :
Section I. Definitions. The following terms s hall have the following meanings as
used in this Ordinance :
"Beneficial Owner" means any person for which a Participant acquires an interest in the
Bonds.
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·'Bonds'' means the Paving District No . 38 Special Assessment Bonds, Series 1999 , dated
October I , 1999, authorized herein.
"Bond Account" means the "Paving District No . 38 Bond Account" created in the section
hereof entitled ·'Creation of Accounts."
"Bond CounseI" means (a) as of the date of issuance of the Bonds , Kutak Roc k, of Denver ,
Colorado, and (b) as of any other date , Kutak Rock or such other attorneys selected by the City with
nationally recognized expertise in the issuance of municipal bonds.
"Bond Purchase Agreement" means the agreement between the Original Purchaser and the
City, dated as of the date of second and final reading of th.is Ordinance. concerning the offer and s al e
of the Bonds .
"Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on wluch
banking institutions in the State are authorized or obligated by law or executive order to be closed
for business.
"Cede" means Cede & Co ., the nominee of OTC a record owner of the Bond s , or a ny
successor nominee of OTC with respect to the Bond s .
''City" means the City of Englewood , Colorado.
"City Chart.er'' means the Charter of the City of Englewood , Colorado.
"City Councir' means the City Council of the City .
"Code" means the Internal Revenue Code of 1986 , as amended . Each reference to a section
of the Code herein shall be deemed to include the United States Treasury Regulations proposed or
in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context
clearly requires otherwise.
"C.R .S ." means the Colorado Revised Statutes, as amended and supplemented as of the
date hereof.
"Di.strict" means "Paving District No . 38" created pursuant to Ordinance No . 34 . Senes of
1997 , as amended by Ordinance No . 54 , Series of 1998 of the City .
"DTC' means the Depository Trust Company, New York, New York , and its succ essors a nd
assigns, which shall act as the initial securities depository of the Bonds .
"DTC Blanket Letter of Representations" means the agreement between the City and OTC
whereby the City agrees to comply with DTC's operational requirements.
"Euent of Default" means any of the events specified in the section hereof entitled "Events of
Default."
"Federal Securities'' means bills, certificates of i ndebtedness, notes, bonds or similar
securities which are direct non-callable obligations of the United States of America or which are fully
a nd unconditiona ll y guaranteed as to the timely payment of principal and interest by the United
States of America .
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"Negotiated Sale Resolution" means the Resolution of the City, a dopte d on the date of final
adoption of this Ordinance, which, among other things , establishes the estimated rede mption
schedule and final interest rates for the Bonds.
"Officia l Statement" means the final version of the Preliminary Official Stateme nt.
"O rdinance"means this ordinance which authorizes t he issuance of t he Bonds . mcludrng a ny
amendments properly made hereto.
"Original Purchaser·• means George K. Baum & Co mp a ny.
"Outstanding" means as of any date all Bond s except the following :
(a) any Bond ca ncelled by the City or the Paymg Agent. or othe rwi se on the
City's behalf, at or before s uch date :
(b) any Bond for the payme nt or t he r edempti on of wlu ch m oneys or F ed e ral
Securities sufficient to meet all of the p ay me nt reqU1rem e nts of the pnnc1pal of and mte r s t
on s uch Bond to the date of maturity or a ny r edemption date the r eof, s hall have the retofo re
been deposited in trust for s uch purpose: a nd
(c) any lost, apparently destroye d , or wrongfully taken Bond in li eu of or m
s ubstitution for which another bond or other security s hall have been executed a nd
delivered .
"Owner" or "Owners·· means the Person or Persons in whose nam e or n ame s a Bond is
registered on the registration books maintained by the Paying Agent purs uant h er eto .
"Participant" means any broker-dealer, bank, or other financial m s t1tut1 on from um e t o ti me
for which DTC or another substitute securities depository hold s the Bonds.
''Paying Agent" means The Bank of Cherry Creek , N .A ., in De nver, Co lor ado. a nd its
s u ccessors in interest or assigns approved by the City, which s hall act as paymg agent, bo nd
registrar, and authenticating agent for the Bonds .
"Paying Agent Agreement" means the agreement between the City a nd the P ay m g Agent
r egarding the e s tablishment of the duties and responsibilities of t he P a),ng Agent.
"Perm itted Investments" means any inves tment lawfully pe rmitted by app li ca bl e State la w
a nd the City's investment policy .
"Person" means a corporation, firm. other bod y co rporate, partners hip . associat io n or
individual and also includes an executor, adminis trator, trustee , r ece iver or other r epresen tative
a ppoi nted according to law .
"Prelim i,r.ary Official Statement" means the Preliminary Official Statement co ncerning the
Bonds. the District and the City.
"Project" means the constructing and installing street paving, curb, gutter, sidewalk a nd
storm drainage improvements, together with necessary incidentals, all as more s pecifically se t forth
in the plans and specifications approved pursuant to the ordinances of the City establishing the
Di strict.
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"Project Account" m ean s the "Paving Di strict 1o. 38 Project Acco unt' cr ea ted in the sect10 n
hereof e ntitled ·'Creation of Accounts."
"Project Costs" means the Ci t y's cos t s properly a ttributa bl e t o t he Pr oJ ct . o r a ny parts
thereof, including without limitation: all e nginee ring, inspection . fi scal a nd lega l exp e n s: the co t
of reimbursing fund s advanced by the City in a ntici pation of re imburse me nt fr om Bond pr ocee d s.
including a ny intrafund or interfund lo a n : the cos ts of issuing the Bond : all xp e n ses as m a:\' be
necessar y or incident to the financing , co nstruction . installation. acqws1t 1on a nd co mpl eu on of t he
Project ; and all other lawful costs as determined by the City Co unctl.
"Reco rd Date" means the last d ay of the ca lenda r month next preceding each inter est
pay ment date.
"Special Assessment Net Pro ceeds '' means the proceeds of the Di s trict special assess m e nt s
imposed and collected purs uant to an assessment ordina nce adopted by the City Co unctl on or
about the date of adoption of this Ordinance, less any coll ection fe es of the Co unty Treasure r or the
Director of Financial Services p ermitted to be retained in accordance with the City Ch a r ter and
State law : provided how ever , except to t he e xte nt necessary t o offset a ny di sco unt a ll owa n ce macle
for early pay ments purs uant to Section 11-2-110 of the Englewood l\fonici pa l Cod e. the re s h all be
excluded from Special As sessm e nt Ket Procee d s the proceeds of Di s trict s pec ia l a ess me n t
imposed and collected on parcels owned by the South Suburban Parks a nd Rec reat 10 n Di s trict .
bemg tw o pa r ce ls identified by Arapahoe Co unty tax identifica tion numbe r s 20i7-16 -l -OO-O 10 a n d
20i7-16-l-00-0)8 .
"State" mea n s the S tate of Co lorado .
Section 2. Authorization and Purpose of the Bonds. Purs uant to a nd m
accordance with the City Charter, the Co nstitution of the State of Co lor a do . a nd the proce dura l
ordinance of the City relating to local improvement districts (Title 11 , Chapte r 2 of the Engle wood
Municipal Code), there shall be iss ued by the City the "Paving Di s trict No . 38 Special Asse s m e nt
Bonds , Series 1999", in the aggregate principal a mount of $612 ,000 .00 . The Bond s s h a ll be iss u ed
for the purpose of paying the Project Cost s.
Section 8. Bond Details.
(a) Registered Form, Denomination, Original Dated Date and
Numbering. The Bonds shall be iss ued a s full y r egiste red bond s in de nominations of
S 1,000 or any integral multiple thereof, s hall be dated as of a n original dated date of
Octobe r 1, 1999, shall be consecutively numbered in the manne r d etermined by the Payin g
Agent and s hall be regi stered in the n a mes of the P er so n s identified in the r egi s tration
boo ks of the City maintained by the Payi ng Age nt .
(b) Maturity Date, Principal Amount and Interest Rate . The Bond. s h all
a ll mature on Dece mber 15 , 2009. The maximum net effective interest rate a uthorized on
the Bonds is hereby specified to be 7 .5% per a nnum and the actual net effective interest rate
on the Bonds does not exceed said amount. The Bonds shall bear interest at the r a tes per
a nnum (calculated based on a 360-day yea r of tw elve 30-day months) approved by the Ci t y
Co uncil in the Negotiated Sale Resolution. The debt represented by the Bonds d oes not
exceed $970,000, and the estimated r e paym e nt cost of the Bond s does not exceed
S l ,300,000.
(c) Accrual and Dates of Payment of Interest. Interest on the Bonds hall
acc rue at the rates established in the Negotiated Sale Re solution from the late r of the
original dated date or the latest interest payment date (or in the case of defa ul ted inte r est ,
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the latest date) to wluch interest h as been paid in full and s h all be payable on June 15 a nd
December 15 of each year , co mme ncing June 15 , 2000 .
(d) Manner and Form of Payment. Principal of a nd the final in s t a llm e nt of
interest on each Bond s hall be p ayable to the Owner thereof upon prese ntation a nd
surrender of s uch bond at the principa l ope r ations office of the P ayi ng Agent or a t u ch othe r
location as identified b y the P aying Age nt. Interest (o ther t h a n the fin al installment of
interest) on each Bond s hall be p ayable by ch eck or draft of the P aying Agent mailed on the
interest payment date to the Owner thereof as of the Record Date. All pay ments of the
principal of and interest on the Bond s s hall be made in lawful money of the U nned State s of
America.
(e) Book-Entry Registration. The Bonds s h all be initially iss ued in the fo rm
of a single , certificated. fully registered Bond for each maturity . Upo n 1rut1al I s uance. the
ownership of each s uch Bond s hall be registered in the registration bo ok s kept by the Bond
Registrar in the name of Ce de , and principal of a nd interest on the Bond s s h a ll be paid to
OTC in accordance with the OTC Blanket Letter of Rep r esentations: pronde d . h owe,·er. if at
any time the Paying Agent dete rmines , a nd n otifies the City of its determination . that OTC
is no longer able to act as, or is no longe r satisfactorily performing its duties as . securities
depository for the Bonds. the City may , at its sole and ab olute d1scret1on . either (1)
designate a substitute securities de pository fo r OTC a nd r ereg1ster the Bonds as direct ed by
such substitute securities depository or (ii) termmate the book-e ntry registr ation syst em a n d
reregister the Bonds in the names of t he Be neficial Owne r s thereof. :-J e 1the r the City nor t h e
Paying Agent shall have any liability to OT C . Ce de. a n y s u bstitute securities depo. 1tory .
any Beneficial Owner, any Person i n whose name the Bond a re r e r eg1stered at the direction
of any substitute securities depository. or any other Pe r son fo r any action taken t o
implement the City's discretionary determination set forth above that 1s taken purs u a nt to
any direction of or in reliance on any information provide d by OT C . Cede, a ny s ubs titute
securities depository , any Beneficial Owne r , or any Perso n in whose n a m e the Bonds are
reregistered .
Section 4. Form of the Bonds.
(a ) Bond Form. The Bonds s hall be in s ubstantially the form set fo rth in
Appendix A hereto, with such changes thereto, n ot inco n sistent h e rewith, as m ay be
necessary or desirable and approved by the offi cials of the Ci ty e xecuting the same (whose
manual or facsimile signatures thereon s hall co n stitute co nclus ive evide n ce of s uch
approval). Although attached as an appendix for the co nve ruence of the rea d e r , Appendix A
is a n integral part of this Ordinance and is incorporated herein as if set forth in full in the
body of t his Ordinance. The Bonds may con tain a reproduct10 n of the opi n io n of Bond
Counsel as to the Bonds and a certification of s u ch op1 m on by the City Cle rk .
(b) Incontestable Recital in Bonds. In accorda nce with Section 11-2-9 of the
Englewood Municipal Code, each Bond s hall recite that it is issued unde r the a uthori ty of
the City Charter and the procedural ordinance or ordinances adopted purs uant to the City
Charte.r ; such recital shall conclusively impart full compliance with all of the provis10 n s
thereof. and all Bonds issued containing such recital s hall be incontestable for any cause
whatsoever after their delivery for value.
Section 5 . Execution, Authentication and Delivery of the Bonds .
(a) E.recution. The Bonds shall be executed in the name and on be h a lf of the
City with the manual or facsimile signature of the Mayor, shall be countersigned with the
manual or facs imile signature of the Director of Financial Services. shall bear a manua l or
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facsimile of the seal of the City and shall be attested by the manual or facsimile signature of
the City Clerk, all of whom are hereby authorized and directed to prepare and execute the
Bonds in accordance with the requirements hereof. Should a ny officer whose manual or
facsimile signature appears on the Bonds cease to be s uch officer before delivery of any Bond .
s uch ma nual or facsimile signature shall nevertheless be valid a nd s ufficient fo r all
purposes.
(b) Authentication. When the Bonds have been d ul y executed . t he office rs of
the City are a uthorized to , a nd s ha ll. deliver the Bond s t o the Paying Agent for
authentication. No Bond s hall be secured by or e ntitled to the benefit of this Ordma nce . or
shall be valid or obligatory for a ny purpose. unless the certificate of authentication of t he
Paying Agent has been manually executed by a n a uthorized sign atory of the Paying Agent.
The executed certificate of authentication of t he Paying Agent up on a ny Bond s hall be
conclusive evidence, and the only competent e,,dence , that s uch Bond has bee n properly
authenticated hereunder.
(c) Delivery. Upon t h e a ut he nticat10 n of the Bo nds. the Payi ng Agent s ha ll
deliver the same to DTC in accordance with the pron s1on s of the DTC Blanket Lett er of
Representations. U pon receipt of the agreed purchase price of the Bo nds from the Original
Purchaser in acco rdance with the Bond Purchase Agreement. and issuance of the app r onng
opinion of Bond Co unsel , DT C s hall be directed to release the Bonds to the Be neficial
Owners .
Section 6. Registration. Transfer and Exchange of the Bonds.
(a) Re1iatration. The Paying Agent shall maintain r egistration boo ks m which
the ownership , transfer and exchange of Bonds s hall be r ecorded . The per on m wh ose
name any Bond s hall be regis tered on such registration book s s hall be deem ed to be the
a bsol ute owner thereof for all purposes, whether or n ot payme nt on a ny Bond h a ll b
ove rdue, and neither the City nor the P ayi ng Agent s h a ll be affected by a ny nott ce o r other
inform ation to the contr ary .
(b) Transfer and E:rcha"lle . The Bond s may be transferred or exchanged. at
the principal office of the P ay mg Agent at the location identified in the defiruu on of Paymg
Agent m the secuon hereof e ntitled "Defi ruuons ," up on payment by the transfe ree of a
transfer fee, any tax or governmental charge required to be paid with respect to s uch
transfer or exc hange and any cost of printing bonds in co nnection therewith . pon s urrend e r
for transfer of any Bond , duly endorsed for transfer or accomp anied by an as 1gnment duly
executed by the Owner or his or her attorney duly a uthorized in writing , the City s hall
execute and the Paying Agent s hall authenticate and deliver in t he name of the t rans fe r ee a
new Bond .
(c) Limitations on Transfer. The City and Paying Agent s ha ll not be r equired
to iss ue or transfer any Bonds: (i) during a period beginning at the close of business on the
Record Date and ending at the opening of business on the first Business Day following the
ensuing interest payment date , or (ii) during the period beginning at the ope ning of business
on a date 45 days prior to the date of any redemption of Bonds and ending at the opening of
business on the first Business Day following the day on which the applicable notice of
r edemption 1s mailed . The Paying Agent shall not be required to transfer any Bonds
selected or called for r e demption.
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Section 7. Replacement of Lost. Destroyed or Stolen Bonds . If any Bond s hall
become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and
tenor of the lost, destroyed, stolen or taken bond and the City shall execute and the Paying Agent
shall authenticate and deliver a replacement Bond upon the Owner furnishing , to the s atisfaction of
the Paying Agent: (a) proof of ownership (which shall be shown by the registration boo ks of the
Paying Agent), (b) proof of loss, destruction or theft, (c) an indemnity to the City and the Paym g
Agent with respect to the Bond lost, destroyed or taken, and (d) payment of the cost of pre pa ring
and executing the new bond or bonds.
Section 8. Redemption of Bonds Prior to Maturity.
(a) Optional Redemption. The Bonds are subject to call and prior payme nt on
any interest payment date , in direct numerical order as indicated by Bond numbe r . upo n
payment of par and accrued interest.
(b) Retkmption Procedures. Notice of any redemption of Bonds s hall be given
by the Paying Agent in the name of the City by sending a copy of such notice by firs t-class.
postage prepaid mail, not less than 30 days prior to the redemption date . to the Owner of
each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so
to be redeemed (if redemption shall be in part) and the redemption date . If any Bond hall
have been duly called for redemption and if, on or before the redempt10n date . the r e h all
have been deposited with the Paying Agent in accordance with this Ordinance fund s
sufficient to pay the redemption price of such Bond on the redemption date , then s uch Bond
shall become due and payable at such redemption date . and from and after s u ch date
interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect
in any redemption notice shall not affect the validity of the proceeding for the redemption of
Bonds with respect to which such failure or defect did not occur. Any Bond redeeme d pnor t o
its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled .
Section 9. Creation of Accounts. There are hereby created and established within
the appropriate fund of the City the Bond Account and the Project Account . In accordance with
generally accepted accounting principles, for the purpose of accounting for the moneys provided for in
this Ordinance the Director of Financial Services may create offsetting revenue and expense acco unts
not inconsistent with the provisions hereof, all as may be determined by the Director of Financia l
Services.
Section 10. Application of Proceeds of the Bonds.
(a) Application of Bond Proceeds. Upon payment to the City of the purchase
price of the Bonds in accordance with the Bond Purchase Agreement, the proceeds received
by the City from the sale of the Bonds shall be applied as a supplemental appropriation of
the City as follows :
(i) accrued interest on the Bonds from the dated date thereof to the date
of issuance and capitalized interest shall be deposited into the Bond Account ; and
(ii) all remaining proceeds shall be deposited into the Project Account .
Section 11. Bond Account .
(a) Pleqe of Bond Account. The Bonds and the interest thereon s hall be
payable solely from . and as security for such payment there is pledged , the Bond Account.
The Bond Account shall contain: (i) the accrued interest and capitalized interest on the
Bonds; (ii) the Special Assessment Net Proceeds ; and (iii) other funds legally available
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therefore, including without limitation the net proceeds of any bonds or other ob ltgatton
issued to refund the Bonds.
{b) Use of Moneys in the Bond Account. Whenever the balance of funds in
the Bond Account exceeds (i) on May lO•h of the calendar year. the interest on t he unpaid
principal of the Outstanding Bonds for the next s ucceedmg June 15 and December 15
interest payment dates, or (ii) on November lO•h of the calendar year. the interest on the
unpaid principal of the Outstanding Bonds for the next s ucceeding Decembe r 15 interes t
payment date, the Director of Financial Services shall call in or direct the Paying Ag ent to
call in a s U1table number of Bonds for payment. in direct numerical ord e r , o n the next
succeeding interest payment date .
(c) Investments. Moneys deposited in the Bond Account may be in vested or
deposited in securities or obligations which are Permitted Investments . The in\'estme nt of
moneys deposited in the Bond Account s hall , however. be subject t o the cove na nts a n d
provisions of the section hereof entitled ''Covenants Regarding Exclusion of Interest on Bonds
from Gross Income for Federal Income Tax Purposes."
Section 12. Project Account .
(a) Use of Moneys in Project Account. All moneys depos ited in the Proiect
Account s hall be applied solely to the payment of the Project Costs . Upon the determination
of the City Council that all Project Cos t s have been paid or are determinable . any balance
remaining in the Project Account {less a ny amounts necessary to pay Proj ect Costs not t he n
due and owing) shall be transferred to the Bond Account.
(b) lnvestment.s. Moneys deposited in the Project Account may be inves ted or
deposited in sec urities or obligations wluch are Permitted Investments . The investment of
moneys deposited in the Project Account shall. howeve r , be subject to the covenants a nd
provisions of the section hereof e ntitled "Covenants Regarding Exclusio n of Inter est on Bond
from Gross Incom e for Fe deral Income Tax Purposes.'' Except to the extent otherwi se
r equired by such section . mterest income from the investment or reinvestmen t of money s
d eposited in the Project Account shal1 remain in said account.
Section 13 . General Covenants . In addition to the other cove nants of t h e Ci ty
contained herein , the City hereby further cove nants for the benefit of Owners of the Bonds that:
(a) Levy of AaeSBments. The City Council will cau se the assessments to be
levied m amounts calculated to be sufficient to pay the principal of and interes t on the
Bonds for the benefit of the Owners of the Bonds . The City covenants to credit promptly or
cau e to be deposited to the Bond Account the Special Assessment Net Proceeds, and take
s uch action as may be reasonably necessary and practicable to enforce the co ll ection for s uch
assessme nts m the ma nner provided by law .
{b) Collection and Disposition of Assessments. So long as any of the Bonds
r e mam o utsta nding, the City will keep or cause to be kept books and records s howing full ,
true and com plete entries covering the collection and disposition of the assess me nts and a ny
delmquenc1es m the collection thereof, covering deposits and di s burseme nts in each of the
acco unts herein de scri bed . and covering the payment of the Bonds . Any Owner s ha ll have
the nght at a ll r easonable times to inspect s uch book s and reco rd s.
(c) Audits. At least once a year in the time and manner provided by law , the
City will cause an audit to be performed of the records relating to the Bond Account and the
ProJect Account. Such audit may be made part of and included within the general a udit of
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the C ity , and made at the same time as the gene ral audit. In a ddition . a t lea st o n ce a yea r
m the time and manner pro\'ided by law . the City will cause a budget to be prepare d a nd
adopted . Copies of the budget and the audit will be fil ed and recorded m the places. time ,
and manner provided by law .
Section 14. Covenants Regarding Exclusion of Interest on Bonds from Gross
Income for Federal Income Tax Purposes. For purposes of ensunng that the interest on the
Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby
covenants that:
(a ) Prohibited Actions. The City will not use or permit the use of any procee d s
of the Bonds or any other funds of the City from whatever source derived , directly or
indirectly, to acquire any securities or obligations and s hall not take or permit to b e t a k e n
any other action or actions, which would cause any Bond to be an "arbitrage bond'' within
the mearung of Section 148 of the Code, or would otherwise cause the mterest on a n y Bond
to be includible in gross income for federal income tax purposes.
(b ) Affirmative Actions. The City will at all times d o and perform all ac t s
permitted by law that are necessary in order to assure that mterest paid by the City on the
Bonds shall not be includible in gross income for federal income tax purposes under the Code
or any other valid provision of law . In particular. but without limitation . the Ci ty
represents, warrants and covenants to comply with the following rules unless 1t rece iv es a n
opinion of Bond Counsel stating that such compliance is not necessary : (i) gross proceed s of
the Bonds will not be used in a manner that will cause the Bonds to be considere d "private
activity bonds" within the meaning of the Code ; (ii) the Bonds are not and will n ot beco me
directly or indirectly "federally guaranteed"; and (iii) the City will file time ly Inte rnal
Revenue Form 8038-G which shall contain the mformation required to be filed purs u a nt t o
Section l49(e) of the Code .
(c) Bank Qualified. The City hereby designates the Bonds as "qua lifi ed tax -
exempt obligations" for purposes of Section 265(b){3) of the Code .
Section 15. Defeasance . Any Bond shall not be deemed to be Outstandmg h e re unde r
if it shall have been paid and cancelled or if cash or Federal Securities shall have been d e pos ite d m
trust for the payment thereof (whether upon or prior to the maturity of such Bond , but if s u ch Bond
is to be paid prior to maturity , the City shall have given the Paying Agent irrevocable direction s t o
give notice of redemption as required by this Ordinance, or such notice shall have been giv e n m
accordance with this Ordinance). In computing the amount of the deposit described above . the City
may include interest to be earned on the Federal Securities.
Section 16 . Events of Default.
(a ) Event of Default. With respect to the Bonds, each of the following events
constitutes an Event of Default:
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(i) failure to make any payment of pnncipal of or interest on the Bonds
when due hereunder;
(ii) breach by the City of any material covenant set forth herein r e la tmg
to the Bonds or failure by the City to perform any material duty imposed on it
hereunder and continuation of such breach or failure for a period of 60 days after
receipt by the City Attorney of the City of written notice thereof from the Paymg
Agent or from the Owners of at least 10% in pnncipal amount of the Outstanding
Bonds ; or
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(iii) an order or dec ree is e ntered by a court of co mp etent jurisdiction
appointing a re ce iv er for all or a ny portion of the revenues; a nd , moneys pledged fo r
the payment of the Bond s pursuant hereto is e ntered with the co n se nt or
acquiesce nce of the Ci t y or is ente r e d without the co n sent or acquiescence of the City
but is not vacated , discharged or s taye d within 30 days after it is e nte r ed .
Section 17 . Remedies for Events of Default. Upon the occurre nce a nd co ntinua nce
of an Event of Default, the Owner of any Bond , or a trus t ee therefor. may protect and enfor ce the
rights of any Owner by proper legal or equitable remedy deemed most effectual m cl udi ne:
mandamus, specific performance of any cove nants. mJunctive relief. or requirmg the City Co un cLI t ~
act as if it were the trustee of an e xpress trust, or any co mbmauon of s uch r e medies. All
proceedings shall be maintained for the e qual be nefit a nd protection of a ll Owners . The fail ure of
a ny Owner to proceed doe s not relieve the City or any pe r so n of a ny liability fo r failure t o perfo rm
a ny duty hereunder . The foregoing rights a re m a ddition to a ny other right, a nd t he e xe rci e of a ny
r ight by any Owner shall not be deemed a wai ve r of any other right.
Section 18. Amendment of Ordinance.
(a) Amendments Permitted without Notice to or Consent of Owners. The
City may, without the consent of or notice to the Owne r s of the Bond s. a d o pt one or mor e
ordinances amending or s uppl eme nting this Ordinance (whi ch ordmances s h a ll ther eafter
becom e a part hereof) for a ny one or mor e or all of the follow mg purposes :
(i) to cure any a mbiguity or to cure , correct or suppleme nt a ny d efect or
in co nsiste nt proV1s1on of this Ordinance:
(ii) to s ubi cct to this Ordinance a dditional r eve nues. properties or
co llateral:
(iii) to facilitate the designation of a s ub stitute securities depos itor y or t o
termmate the boo k-e ntry registration system for the Bonds in accordance with the
secti on he r eof entitled "Bond Detail s ;" or
(iv) to m a ke any othe r change tha t d oes not mater ia ll y adversely affect
the Owners of the Bond s.
(b) Amendments Requirin11 Notice to and Consent of Owners. Except fo r
a me ndm e nts permitted by paragraph (a ) of this section , tlus Ordinance may oru y be
a mended (i) by an ordinance of the City amending or s uppleme nting this Ordinance (wlu ch .
a ft er the co nse nts required therefor, shall become a part her eof) and (ii) with the written
consent of the Owners of at least 66 2/3% in aggregate principa l a mount of the Bond s then
Outstanding; provided that any amendment that makes a ny of the following cha nges with
re s pect to a ny Bond s hall not be effe ctive without the written consent of the Owner of such
bond : (A) a change in the maturity of such bond ; (B) a reduction of the interest rate on s uch
bond ; (C) a change in the terms of redemption of such bond : (D) a delay in the p ayment of
principal of or interest on such bond ; (E) the creation of any pledge of or li en upon any
revenues or money s pledged for the payment of such bond here unde r that is s uperior t o the
pl edge and lien for the payment of such bond hereunder; (F) a reduction of the principal
amount or percentage of Bonds whose consent is required for an amendment to this
Ordinance; or (G) the establishment of a priority or preference for the payment of any
a mount due with res pect to any other Bond over such bond .
(c) Procedure for Notifyin11 and Obtainin11 Consent of Owners. Whenever
the co nsent of an Owner or Owners of Bonds is required under paragraph (b) of thi s section ,
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the City shall mail a notice to such Owner or Owners at the ir addresses as set fort h in t h e
registration books maintained by the Paying Agent and to the Original Purchase r , whi ch
notice shall describe briefly the proposed amendment a nd state that a co py of the
amendment is on file in the office of the City Clerk for inspection. Any con se nt of any Owner
of any Bond obtained with respect to an amendment s hall be in writing a nd s hall be final
and not s ubject to withdrawal, rescission or modification for a period of 60 days after 1t 1s
delivered to the City unless another time period is stated for s u ch purpose in the noti ce
mailed pursuant to this paragraph.
Section 19. Findings and Determinations. The City Council h e r eby finds .
de termines and declares that it is in the bes t interes t of the City. and the residents of a nd owne r s of
property within the District, that the Bonds be authorized , sold , issued a nd delive r ed a t the tim e . in
the manner and for the purposes provided h e rein.
Section 20. Appointment and Duties of Paying Agent. The Paying Age n t I he reby
appointed as paying agent, registrar and a utht nt1 ca ting agent for the Bonds unless a nd until t h e
City removes it as such and appoints a s uccessor P aying Agent. in which event s uch s u cce so r s hall
automatically succeed to the duties of the P aying Agent h e r e under a nd its predece ssor s hall
immediately turn over all its reco rds regarding the Bonds t o s uch s uccessor. The Pay in g Ag e nt, by
accepting its duties as s uch, agrees to pe rform a ll duties a nd to ta ke a ll actio n s a s s ign d t o 1t
h e reunder in accordance with the te rm h e r e of.
Section 21. Approval of Official Statement and Miscellaneous Documents . The
City Co uncil hereby ratifies a n d a pproves the d 1stribut1 on a nd u se of t h e Preli minary Offi cial
Statement; authorizes and directs the City ta ff t o prepare a final Offic1al Statem e nt for u s e in
connection with the sale of the Bonds in s ubstantially the form the r eof presented to t h e City Counctl
at the meeting at which this Ordmance 1 adopted , with s u ch changes therein , if a n y . n ot
inconsistent herewith , a s are approved by the City. The Ci ty Co uncil authorizes a nd app roves the
DTC Blanket Letter of Representation s , an undertaking to facihtate co mpliance with Securities a nd
Exchange Commission Rule 15c2-12 (Ii .F .R . § 240 .15c2-12); the Bond Purch ase Agreement. the
Paying Agent Agreeme nt. a ··Tax Co mplia n ce Ce rtificate·· descnbing the City· e xp ectation s
regarding the u se and investme nt of proceed s of the Bond and other moneys a nd the use of the
Project, an Internal Re,·enue Sel"Vl ce Form 038-G with resp ect to the Bond s a nd a ll oth er
documents and certificates nece sary or d esirable to e ffectuate the iss uance or adm1rustrat1on of t h e
Bonds, the investment of p roceed s of the Bonds a nd the transactions co nte mpl ated he reby a nd by
the Bond Purchase Agreement. The Mayor 1s h ereby authorized and directed to e xecu te the final
Official Statement and the Mayo r , the Director of Financial Services, the City Clerk a nd a ll other
officer s , agents and employees of the City are h ere by authorized and directed to execute a ll
do cume nts and certificates nece ssary or de s irable to e ffe ctuate the issuance of the Bonds a nd the
transactions contemplated hereby .
Section 22. Ratification of Prior Actions. All actions he r etofor e taken (not
inconsistent with the provisions of this Ordinance) by the City Council or by the officers a nd
e mployees of the City directed toward the creation of the District and the issuance of the Bonds for
the purposes herein set forth are hereby ratified , approved and confirmed.
Section 23. Events Occurring on Days That Are Not Business Days. Exce pt as
otherwise specifically provided herein with respect to a particula r pay ment, event or action. if a n y
pay ment to be made hereunder or any event or action to occ ur here under which , but for this section ,
is to be made or is to occur on a day that is not a Business Day s hall ins tead b e made or occur on
the next succeeding day that is a Business Day.
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Section 24. Headings. The headings to the various sections and paragraphs to this
Ordinance have been inserted solely for the convenience of the reader, are not a part of this
Ordinance. and shall not be used in any manner to interpret this Ordinance.
Section 25. Ordinance lrrepealable. After any of the Bonds have been issued , this
Ordinance shall constitute a contract between the Owners and the City, and shall be and remam
irrepealable until the Bonds and the interest accruing thereon shall have been fully paid. satisfied,
and discharged , as herein provided.
Section 26. Limitation of Actions. In accordance with Section 11·2·8 of the
Englewood Municipal Code , any person filing with the City Council a complamt. protest or objection
shall have the right. with the thirty (30) days after the final passage of this Ordinance. to commence
an action or suit in any court of competent jurisdiction to correct or set aside any determination by
the City Council or quest1orung the authority or proceedings of the City Co uncil relating to the
issuance of the Bonds. Thereafter, all actions or suite attacking the issuance of the Bonds s hall be
perpetually barred.
Section 27. Repealer . All orders, bylaws. ordinances. and resoluti on s of the City . or
parts thereof, inconsistent or m conflict with this Ordinance. are hereby rep ealed to the extent only
of such inconsistency or conflict.
Section 28. Publication and Effective Date . This Ordmance. after its final
passage, shall be numbered and recorded. and the adoption and publication s hall be authenticated
by the signatures of the Mayor and City Clerk, and by the Certificate of Publication . This Ordinance
shall become effective thirty (30) days after publication following final passage.
Introduced, read in full . and passed on first reading on the 711, day of September, 1999 .
Published as a Bill for an Ordinance on the 10th day of September, 1999 .
Read by title and passed on final reading on the 20th day of September, 1999.
Published by title as Ordinance No ._, Series of 1999. on the 24th day of September, 1999.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Ordinance passed on final reading and published by title as
Ordinance No.-· Series of 1999.
Loucrishia A. Ellis
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APPENDIX A
FORM OF THE BOND
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EXCEPT AS OTHERWISE PROVIDED IN THE HEREINAFTER DEFINED ORDl~A~CE.
THIS GLOBAL BOOK-ENTRY BOND MAY BE TRANSFERRED , IN WHOLE B .T NOT l:-.1 PART ,
ONLY TO ANOTHER NOMINEE OF THE SEC URITIES DEPOSITORY (AS DEFINED HERE!:\')
OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMI. !EE OF A SCCC ESSOR
SECURITIES DEPOSITORY.
UNITE D STATES OF AMERICA
CITY OF ENGLEWOOD, COLORADO
CITY OF ENGLEWOOD PAVING DISTRICT NO. 38
SPECIAL ASSESSMENT BOND
SERIES 1999
Interest Rate: Maturity Date: Original Dated Date :
% December 15 , 2009 October I. 1999
REGISTERED OWNER:
PRINCIPAL SUM :
CUSIP:
DOLU.RS
CITY OF ENGLEWOOD, COLORADO , in the State of Co lorado. a duly organized a nd
validly existing City and political subdivision of the State of Colorado . (the "City"). for value rece ive d .
hereby promises to pay to the order of the registered owner named above or r eg1s te red assi gn s.
so lely from the special funds as hereinafter set forth. on the maturit y date tated above , the
principal sum stated above , in lawful money of the United States of Am eri ca , with inte re st thereon
from the original dated date stated above , at the interes t rate per a nnum state d a bove , payable on
June 15th and December 15th of each year, commencing June 15 , 2000. the principal of a nd the fin a l
in stallment of interest on this bond being payable to t he reg1stered owne r he reof upon prese ntation
and surrender of this bond at the principal operations office of The Ba nk of Cherry Cr ee k . N .A., a s
Paying Agent (the "Paying Agent"}, in Denver, Colorado , or at s uch other loc ation as ide ntifi ed by t he
Payi ng Agent, and the interest hereon (other than the final insta llment of interest hereon) to be paid
by check or draft of the Paying Agent mailed on the interest payment date to the registered own e r
hereof a s of the close of business on the last day of the month (whether or not s uch day 1s a
Business Day) preceding the interest payment date , except that so long as Cede & Co . is the
registered owner of this bond , the principal of and interest on tlus bond shall be paid by wire
transfer to Cede & Co .
This bond is one of an issue of bonds of the City designated Paving District No . 38 Special
Assessment Bonds, Series 1999 issued in the principal amount of $612,000 .00 (the "Bonds"). The
Bond s are being issued by the City for the purpose of financing the construction and ins tallation of
street paving, curb, gutter, sidewalk and storm drainage improvements, together with necessary
incidentals (the "Project") for Paving Di strict No . 38 (the "District"}, pursuant to and in full
conformity with the City Charter. the procedural ordinance of the City relating to local improvement
di s tricts adopted pursuant to the City Charter (Title 11 , Chapter 2 of the Englewood Municipal
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Code), the Co nst.1tuti on of the State of Co lorado and an ordinance (the '"Ordinance·') duly a d opted by
the City prior to the issuance h e reof. Purs uant t o Titl e 11. Chapter 2 of the Englewoo d :vlurucipaJ
Code , s uch r ecital s hall conclusive ly impart full compliance with a ll of the pro,;sion s the r eo f. and a ll
Bonds issued co ntairung s uch r eCJta l s h a ll be inco ntestable for a n y ca use whatsoe ve r a ft e r the1.r
delive ry for value.
It is h ereby certified a nd recited that the tota l issue of Bonds of the City fo r the D1 trict .
including this Bond . doe s not exceed the a m ount a uthorized by law : that every r e quire m e nt of law
relating to the creation of the Di strict. the construction a nd installation of t h e ProJec t . a nd the
issuance of this Bond has been fully com pli e d with by the proper officers of t h e Ci ty : tha t at a n
election lawfully held within that portion of the City co mprising the Di strict on :,.i ove mbe r ~-l 99i .
the issuance of this Bond was duly a uthorized by a maiority of the e lect or s qualifie d to vote and
voting at said election; and that all conditions required to e xi st a nd things r eqwre d to be don e
precedent to and in the issuance of this Bond t o re nder the same lawful a nd valid . h a ve h a pp e n ed.
been prope rly done a nd performed , and did exist in regul a r and due tim e . form . a nd manne r . a
required by law. It is hereby further recited. ce rtifie d . a nd warranted tha t a ll of the re quire me nts of
law have been full y complied with by the proper officer s i n iss uing tlu s Bo nd .
Pay m e nt of this Bond and the interest thereon s h all be made from . a n d a s security fo r such
payment there is pledged , a s pecial fund designated as ··PaV1 n g D1 s tr1ct :,.i o. 38 Bond Acco unt'" (the
"Bond Account"). The Bond Account sh a ll co ntai n (a ) the Spec ial Assessm e nt Ne t Procee d s (as
de fined in the Ordinance), (b ) the Bond proceeds set aside as capi ta lized inte r est a n d accrue d
interest, and (c) a ny other legally available moneys , including without lim1ta t1 on , the n e t proceed s of
any bonds or other obligations issue d to r efund the Bond s.
The assessments levied against the property within the Di strict co n st itute a lien on a nd
against each lot or tract of land in the respective amounts apportioned by a n ordina n ce of the Ci t y .
For the payment of this Bond and the interest thereon , the City pledges to exe r cise a ll of it lawful
corporate powe r s to collect the assessments aga inst the real property include d wi t hin the Di strict
and s pecia lly ben e fite d by the co n struction and installation of the Project , and take a ll neces a r y
action to collect any assessments that a re in default .
This Bond is subject to call and prior payment on any interest payment date, upon
payment of par and accrued interest, as more fully set forth in the Ordinance.
Notice of any redemption of Bond s hall be given by the P ayi ng Ag e nt in the n a me of t h e
City by sending a copy of s uch notice by fir st-class, postage prepaid m ail , n ot less th a n 30 days prior
to the r edemption date , to the Owner of each Bond being r e dee m ed . Such noti ce s hall s pec ify the
number or numbers of the Bonds so to be r edeemed (tf redemption s h a ll be in p a rt) a nd the
r edemption date. If a ny Bond s hall h ave been duly called for r ede mption and if, on or be for e t h e
r e d e mption date , there s hall have been depos ited with the P aymg Agent m accordance with this
Ordinance funds s ufficient to pay the redemption price of s uch Bond on the r e de mption date , the n
s uch Bond sh a ll be co m e due and payable at s uch r e d e mption date , a nd from a nd afte r such date
inte r est will cease to accrue thereo n . Failure to deliver any redemption n otice or a n y defect in a n y
r e d e mption notice s hall not affect the validity of the proceeding for the r ede mption of Bonds with
respect to which s uch failure or defect did n ot occur. Any Bo nd r e d eem ed prior to its maturity by
prior redemption or otherwise s hall not be reiss ued a nd sh a ll be cance lled .
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The Paying Agent shall maintain registration books in which the ownership , transfer and
exchange of the Bonds s hall be recorded. The person in whose name tlus Bond s h a ll be registered
on such registration books shall be deem ed to be the absolute ow ner hereof for all purposes ,
whether or not payment on this Bond shall be overdue. and neither the City nor the Paying Agent
s hall be affected by any notice or other information to the contrary . Tlus Bond ma y be transferred or
exchanged, at the principal operations office of the Paying Agent in De nv er, Co lorado. or at s uch
other location as identified by the Paying Agent , upon payment by the transferee of a transfer fee .
any tax or governmental charge required to be paid with respect to s uch transfer or exchan ge a nd
any cost of printing bonds in connection therewith.
THIS BOND DOES NOT CONSTITUTE A DEBT OR Al INDEBTEDNESS OF THE C ITY
OF ENGLEWOOD WITHIN THE MEANING OF ANY CONSTITUTIONAL OR TAT UTORY
LIMITATION OR PROVISION, AND SHALL OT BE CONSIDERED OR HELD TO BE A
GENERAL OBLIGATION OF THE CITY . THE PAYMENT OF THIS BOND AND THE INTERE ST
THEREON IS NOT SECURED BY AN ENCUMBRANCE , MORTGAGE . OR OTHER PLEDGE OF
PROPERTY OF THE CITY EXCEPT FOR SUCH S PE CIAL ASSESS~lE:--i"'I'S A:slD OTHER
MONEYS PLEDGED FOR THE PAYMENT OF BONDS AS SET FORTH ABO\'E . :-.;o PROPERTY
OF THE CITY, SUBJECT TO SUCH EXCEPTION , SHALL BE LIABLE TO BE FORFEITED O R
TAKEN IN PAYMENT OF THE BONDS.
THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE RE GISTERED
OWNER OF THIS BOND AND THE CITY . THIS BOND IS Ol\'LY EVIDE1'CE OF SUCH
CONTRACT AND , AS SUCH , IS SUBJECT IN ALL RESPE CTS TO THE TERMS OF THE
ORDINANCE , WHICH SUPERSEDES ANY INCONSISTENT STATE~1ENT IN THIS BOND .
The City agrees with the Owner of this Bond and with each and every perso n who may
become the Owner hereof, that it will keep and perform all the cove nants and agreeme nts co ntained
in the Ordinance.
The Ordinance may be amended or supplemented from time to time with or without the
consent of the registered owners of the Bonds as provided in the Ordinance.
This Bond shall not be entitled to any benefit under the Ordinance . or beco me valid or
obligatory for any purpose , until the Paying Agent shall have signed t he certificate of a uthe ntication
hereon.
IN WITNESS WHEREOF, City of Englewood , Colorado , has ca u sed this Bond to be signed
in the name a nd · on behalf of the City with the manual or facsimile signature of the Mayor , to be
co untersigned with the manual or facsimile signature of the Director of Financial Services , to be
sealed with the seal of the City or a facsimile thereof and to be attested by the m a nu al or facsimile
signature of the City Clerk.
[MANUAL OR FACSIMILE SEAL]
Countersigned:
By (Manual or Facsimile Signature}
Director of Financial Services
Attest:
02-48560 01
ENGLEWOOD .COLORADO
By CManual or Facsimile Signature}
Mayor
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By /Manual or Facsjmj)e Sjmature}
City Clerk
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Ordinance.
02-48S60 .0I
THE BANK OF CHERRY CREEK. N.A., as
Paying Agent
BY-~~~~~~~~~~~~~~-
Authorized Representative
Date of Authentication:. _________ _
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CERTIFICATE OF TRANSFER
FOR VALUE RECEIVED, the undersigned. hereby
sells, assigns and transfers unto (Tax Identification or Social
Security No . the within bond and all rights thereunder, and hereby irrevocably
constitutes and appoints attorney to transfer the within bond
on the books kept for registration thereof, with full power of substitution in the premises .
Dated:-----
02-48560.01
NOTICE: The signature to this assignment
must correspond with the name as it appears
upon the face of the within bond in every
particular, without alteration or enlargement or
any change whatever.
TRANSFER FEE MAY BE REQUIRED
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RESOLUTION No. 31.-
SERIES OF 1999
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A RESOLUTION PROVIDING COMMENT ON THE REGIO NAL TRANSPORTATION
DISTRICT SOUTHEAST CORRIDOR PROPOSAL FOR BUILDI NG A LIGHT RAIL TRA1 N
MAINTENANCE FACILITY AT THE GENERAL IRON WORKS SITE I N ENGLEWOOD .
WHEREAS , the National Environmental Policy Act (NEPA) solicits public participation
and comments on projects accepting Federal fund s; a nd
WHEREAS , the Regional Transportation District has proposed a Light Rail Train
maintenance facility in Englewood at the property known as General Iron Works , which will
accept Federal funds ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT THE CITY OF E NG LEWOOD DESIRES TO
PROVIDE THE FOLLOWING COMMENTS FOR THE P UBLI C RE CO RD ABO UT
TRANSPORTATION FACILITIES PROPOSED BY THE COLO RADO DEPARTME NT OF
TRANSPORTATION/REGIONAL TRANSPORTATIO N DISTRI CT 11 THE SOUTHEA ST
CORRIDOR PLAN :
The City of Englewood supports the Regional Trans portation District a nd its pla n s to
develop a Light Rail Transit System, subject to and co ns is tent with t he City·s co nce rns a nd
objectives regarding the effect of the project on its citizen s . Those co nce rns a nd objectiv es
are consistent with the policies sought to be encouraged by NEPA . They include a ssuring
the City·s citizens safe , healthful, productive , a nd aesthetically a nd culturally pleas ing
surroundings ; attaining the widest range of beneficia l u ses of the e nvironm ent without
degradation. or risk to health or safety; preserving important h1 ston c. cultura l and natura l
aspects of the City , and achieving a balance between pop ulation a nd r eso urce use which will
permit high standards of living.
In addition to providing police , fire , water and othe r munici pal servi ces ge ner a ll y a nd to
the General Iron Works Site specifically, the City promotes these goals loca ll y. for example :
by purchasing and developing land for the Historic Englewood De pot Pa rk , by r e nova ti ng the
playgrounds at Cushing Park, by improving West Dartmouth traffic safety a nd expanding
the School Zone , by adopting and implementing the South Broadway Action Plan, by
designing and building South Broadway improvements from Yale to U .S . H ig hw ay 285 , by
ad mmistering housing rehabilitation loans for low and moderate income house holds, by
repairing sidewalks and overlaying roads , and by administering revolvi ng loa n funds for
improvi ng business facades along Broadway. These activities a re funded through prope rty ,
sa le s and use taxes .
Englewood e ncourages development consistent with the foregoing goals and e ncourages
private real property investments that generate tax revenues which contribute to the City's
a bility to achieve those goals . Conversely , Englewood opposes development that removes
property from the tax rolls and does not share the tax burden of contributing to
implementation of those goals.
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As a full y deve lope d six-and one-half squa re mile City with limited opp ortunities for
growth, Englewoo d encourages stewardship of land a nd ca refu l. deliberate action on
redevelo pment opp ortuniti es. The City of Englewood further s upports compact land
development pa tterns within existing urban service a reas to r educe sp r aw l a nd traffic
co nges tion and s upports development that co ntributes t o the quality of life by providing
a menities and pedes trian-friendly co mp act d eve lopme nt patte rn .
The City of Englewood seeks to e ns ure that these goals a r e aclu eved with r espect to
RTD 's light rail transit development plans and tha t the City ca ptures public benefits from
the s ubstantial public investment in light rail trans it. Englewood furthe r seeks t o ensure
that public investments in trans portation infrastructure lead to de,·elopments which will
provide improved access to housing and job s for Englewood citize n s .
RTD's propose d developm e nt of the s ubj ect property d oe s not co mpl y with achieve ment of
the City's goals as follows :
• Heavy Industria l la nd uses a nd the r elated h eavy t ruck traffic a r e not comp atible with
quiet enjoyment in the a djacent re sid ential a r eas and are inconsistent with the City'
goals to r educe traffic co nge stion and accompanying noise leve ls.
• RTD 's proposed development of the s ubject property does not generate property, sales or
use taxes which contribute to the City's ability to implement it s goals .
As a result, Englewood opposes the use of the e ntire General Iron Works site fo r a Light
Rail Train Maintenance F ac ility . Howe ve r , the City of Engle woo d co ntinues to s upport the
Regional Tra n s portation Di s trict a nd Light Rail Tra nsit syst e m d eve lopment a nd s upports
worlung m partnersh1p wi t h RTD to ac hi eve transit-supportive deve lop me nts along the
Light Rail Transit line in Englewood . In furthe rance of that s upport, the Ci t y of Englewood
1s providing lead er ship in innovative a nd transit s upp ortive developme nt at City Ce nter
Englewood.
The City of Englewood is an older s uburban co mmunity that need s to promote
r e d eve lopment of its limited land reso urces to move forward positively , on a sound fiscal
basis, into the twenty-first ce ntury. The Southwest Co rridor Light Rail offers the City of
Engl ewood a tremendous opportunity in this r egard because 1t provides a stimulus a nd a
logical basis t o upgrade to higher and better uses many of the adJacen t heavy industrial
prope rties which have be en progressive ly declining in .,t a hty . The Ge ner a l Iro n s ite is key
to o ur pl a nning because of its size a nd loca tion . The co hes ive 20 acr e site 1s within the
Broa dw ay to Sa nta Fe corridor on which the City of Englewood h as foc used its pl a nning
efforts over the past two years in anticipation of the co mpl etion of the Southwest Co rridor
Light Rail line . The City of Englewood is about to e mb a rk on maior improve me n ts on
Broadway from our northern City limits to Colorado Highway 285 . Our opportunities to
co mplime nt the Broadway improvements adjacent to the Santa Fe corridor are tie d to
alternative uses within the rail corridor. especially at the General Iron site .
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The City of Englewood believes a critical mass of transit supportive uses including
housing, open space and other land uses that are compatible with existing residential land
uses, constitute a more appropriate alternative to the use of the entire General Iron Works
Site for a Light Rail Train Maintenance Facility. The City of Englewood would consider
supporting a joint development which includes a Light Rail Train Maintenance Facility
consistent with the foregoing conditions.
ADOPTED AND APPROVED this 20th day of September, 1999.
Thomas J . Burns. Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 1999.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Agenda Item Subject
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September 20, 1999 Approval of resolution
providing comment on the
Environmental Impact
INITIATED BY
Citv Manaaer's Office
11 c i Statement for the RTD
Southeast Corridor
I STAFF SOURCE
Michael Flahertv , Assistant Citv ManaQer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This resolution was included in the August 16 , 1999, City Council agenda , but
was continued to September 20 . The proposed resolution provides comments
on the Environmental Impact Statement for the Southeast Corridor proposal.
The resolution provides support for the development of the light rail system ,
subject to concerns regarding potential effects on the citizens of Englewood ,
specifically, the proposed construction of a light rail maintenance fac ility at the
General Iron site in Englewood . Council met with officials of RTD and the
Colorado Department of Transportation on September 1, 1999, to further discuss
the preferred site for the maintenance facility in Englewood and possible
alternative sites and approaches , including joint development options . However.
it is important that our comments be included in the EIS , prior to the October 5 ,
1999, deadline .
RECOMMENDED ACTION
Staff recommends approval of the resolution .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Department of Transportation is conducting an Environmental
Impact Statement for the Southeast Corridor project , as required by the National
Environmental Policy Act of 1969. The purpose of the Act is to require public
disclosure , public involvement , and the objective consideration of all reasonable
alternatives .
City Council has previously and continuously stated its support for the
development of light rail in the Southeast Corridor. However, City Council and
staff have serious concerns with the General Iron site , in its entirety , being used
for the maintenance and storage facility for the Southeast LAT line . Council
expressed these concerns to RTD and its consultants during two separate
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meetings of City Council in June and at a planning charette held by RTD in July.
Further discussions with officials of RTD and COOT have been held and RTD
has agreed to cooperate with the City of Englewood in exploring altemative sites
as well as the possible joint development of the General Iron site and a portion of
the site immediately north of Yale in the City and County of Denver. The
resolution is intended to formalize these concems and place them on the record
as part of the EIS comments.
FINANCIAL IMPACT
Approval of the resolution has no financial impact.
UST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION N0.1Q.
SERIES OF 1999
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A RESOL TION OF THE CITY OF ENGLEWOOD AWARDING THE SALE OF SPECIAL
ASSESSMENT BONDS IN THE PRINCIPALAi\10UNT OF $612,000 FOR PAVING
DISTRICT NO . 38 ; AND ESTABLISHING THE INTEREST RATES AND THE ESTil\<L\TED
REDEMPTION SCHEDULE FOR THE BONDS.
WHEREAS, the City of Englewood, Arapahoe County, Colorado (the "City"), is a home
rule municipality and political subdivision of the State of Colorado (the "State"), duly
organized and operating under the Home Rule Charter of the City of Englewood (the "City
Charter") and the Constitution and laws of the State; and
Whereas , by Ordinance No . 34, Series of 1997, as amended by Ordinance No. 54 , Serie-
of 1998, the City Council of the City has created Paving District No. 38 (the "District")
within the City; and
WHEREAS , pursuant to Council Bill No. 55. Series of 1999, whi ch pa ssed a nd approved
on first reading on September 7, 1999, a negotiated sale is to be co nducted fo r the P anng
Di strict No . 38 Special Assessment Bonds . Series 1999, dated Octobe r 1. 1999 (the
"Bonds"); and
WHEREAS, George K. Baum & Company h as co nducted a negotiated sale for the Bonds
and has presented the City with an agreement for purchase of the Bond s (the ··Bond
Purchase Agreement''), which agreement, among other things e stabli shes the inte re t r ate
for the Bonds; and
WHEREAS , the City Council has determined that the award of the ;;a le of the Bonds t o
George K. Baum & Company on the basis of the terms estabh hed pur uant to the Bo nd
Purchase Agreement and Council Bill No . 55, Series 1999 (which Council Bill is e xp ected t o
be adopted and approved on second reading at this meeting of the City Co unci.l a nd 1s
referred to herein as the "District No . 38 Bond Ordinance"'), is in the best inte r ests of the
City and the District; and
WHEREAS , the City has incurred, and prior to final payment of the Bonds wi.ll further
incur, administrative expenses and other costs related to the establishment of the Di s trict,
the construction and installation of improvements within the District, the collection of
District assessments and payment of the Bonds, and therefore, following payme nt of all
Bonds and prior to the depos it of any re maining assessment proceeds into the Surplus and
Deficiency Fund established purs uant to Section 109 of the City Charter, the City inte nd s to
reimburse itself for such expenses and other costs ;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO:
Sectjon l. Award of Sale of Bonds . Pursuant to and in accordance with Section 11 O of
the City Charter and the requirements of the District No. 38 Bond Ordinance, there ha s
been s ubmitted to the City a Bond Purchase Agreement for the purchase of the Bonds from ,
and the City hereby awards the sale of the Bonds to , George K. Baum & Company .
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COUNCIL COMMUNICATION
Date Agenda hem Subject
September 20, 1999 II~ ii Resolution to approve interest rates tor
Pavina District 38 Bands.
Initiated By Staff Source
f'..ilv of e-~-----~ Fmancial Services Deoartment Frank Grvatewicz , Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has made the City's street and sidewalk infrastructure a priority by forming paving and concrete districts since
the 1950s. City Council approved a bill for an ordinance approving the issuance of Paving District 38 Bonds at a Council
meeting on September 7, 1999.
RECOMMENDED ACTION
Staff recommends Council approve the attached resolution setting the interest rates for the Paving District 38 Bonds .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Taxpayer Bill of Rights (TABOR) required a majority affirmative vote of the affected electors in Paving D istrict 38 to issue
this debt. Th is issue was submitted to the eligible voters in Paving District 38 on November 4 , 1997 and passed 8 to 6.
City Council approved a bill for an ordinance approving the issuance of the bonds at a Council meeting on September 7,
1999.
The bands were sold on September 15, 1999 so the interest rates were not known at the first read ing of the Bond Ordinance .
This resolution formally sets the interest rates by Council action. The interest rates are :
2000 4 .25%
2001 4 .75%
2002 4 .90%
2003 5.00%
2004 5 .10%
2005 5.20%
2006 5.30%
2007 5.40%
2008 5.50%
2009 5 .60%
No other alternatives were identified .
FINANCIAL IMPACT
The City of Englewood will not be directly impacted by this action since the debt service for th is issue will be repaid from
special assessments collected from those benefited by this project .
UST OF ATTACHMENTS
Proposed resolution
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Section 2. Establishment of Interest Rates and Estimated Redemptjon Schedule . The
Bonds shall bear interest at the rates per annum (calculated based on a 360-day yea r of
twelve 30-day months}, as set forth in the following estimated redemption sc hedule :
Estimated Principal Amount Bond Numbers Interest Rate
Redemption Year
2000 $57,000 1 through 57 4 .25 %
2001 $49,000 58 through 106 4.75%
2002 $52,000 107 through 158 4 .90%
2003 $55,000 159 through 213 5 .00%
2004 $58,000 214 through 271 5 .10%
2005 $61 ,000 272 through 332 5.20%
2006 $64,000 333 through 396 5.30%
2007 $68,000 397 through 464 5 .4 0 %
2008 $72,000 465 through 536 5 .50%
2009 $76,000 537 through 612 5 .60%
The net effective interest rate for the Bonds doe s not exceed the maximum net effective
interest rate authorized for the Bonds in Dis trict No. 38 Bond Ordinance.
Sectjon 3. All actions heretofore taken (not inconsistent with the provision s of this
Resolution and District No. 38 Bond Ordinance) by the City Council or by the officer s ,
employees and advisors of the City directed toward the iss uance of the Bond s a re h er e by
ratified, approved and confirmed.
Sectjon 4 . If any section, paragraph , clause or provision of this Re solution s hall for a ny
reason be held to be invalid or unenforceable, the invalidity or une nforcea b11ity of s uch
section, paragraph , clause or provision shall not affect any of the r emaini ng prov1s1ons of tlus
Resolution.
ADOPTED AND APPROVED this 20th day of September, 1999 .
Thomas J. Burns , Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No._, Series of 1999.
Loucrishia A. Ellis
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1. Call to order.
2 . Invocation .
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, SEPTEMBER 20, 1999
7:00 P.M.
3. Pledge of Allegiance.
4 . Roll Call.
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~ At>~ .. ,. Minutes from the Regular City Council meeting of September 7 , 1999
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!:J 6 . Scheduled Visitors. (Please limit your presentation to ten minutes .)
a .
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Recipient of the French Legion of Honor Medal , and Englewood res ident , Mr. Jose
Medina, and Ms. Frieda Sanidas , Honorary French Consul , will be in attendance to
accept a proclamation honoring Mr . Medina .
Mr . Eric Bertoluzzi , Cultural Arts Comm iss ion Member, will be present to discuss a
proposed arts center.
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Proclamation honoring Mr. Jose Medina, recipient of the French Legion of Honor
Medal.
Proclamation declaring the week of October 10 through 16, 1999 as World Population
Week.
9 . Public Hearing . (Publ ished for 7 :30 p .m .)
~~-1.0 a . A public hearing t~.ij~ther citizen input on the proposed 2000 Budget for the City of
u.lDLJ Englewood. ~~ /~~ •
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;""'( Please note: If you have a dlublllty and need auxiliary alda or urvlcea, pleaN notify the City of Englewood
(303-762·2405) at lent 48 houra In advance of when urvlcea a,. needad. Thank you •
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Englewood City Council Agenda
September 20, 1999
Page2
1 O. Consent Agenda .
a . Approval of Ordinances on First Reading . P
Approval of Ordinances on Second Reading.
i. Council Bill No. 54, approving Southgate Supplement No . 144.
c . Resolutions and Motions.
Recommendation from the Department of Parks and Recreation to adopt a
resolution approving the purchase of playground equipment for Belleview
Park . Staff recommends purchasing the equipment from the sole source
vendor , Ermold Park & Recreation Products , Inc ., for a total cost of
$27,443.18. STAFF SOURCE: Jerrell Black, Director of Parks and
Recreation and Dave Lee, Manager of Open Space.
Recommendation from the Human Resources Department to adopt a
resolution approving a cost of living adjustment for calendar year 2000 for
managerial and supervisory employees , confidential employees , part-time ,
benefit eligible employees , and unclassified , benefit eligible employees .
STAFF SOURCE: Sue Eaton, Director of Human Resources.
11 . Regular Agenda .
proval of Ordinances on First Reading.
{)" AY -;lo; Council Bill No. 56, Recommendation from the Department of Neighborhood
V" _. AJJ ., /l !1 and Business Development to adopt a bill for an ordinance pertaining to
/1TJ .,,, flV'"!~ Group Living Facilities and to schedule a public hean~ng f 9 ,/ ,. / 1t,-f :..I." to gather citizen input on this matter. STAFF SOUR : Ha Id J . Stitt, .
, ,, ~ ' Pf' o Senior Planner.
fl111 /}'.1/) ii. Council Bill No. 57, Recommendation from the Department of Public Works to
adopt a bill for an ordinance amending Ordinance No. 21 , Series of 1999,
.,, (1/) ~ .J more specifically defining the vacation of right-of-~00-800
~ blocks of West Floyd Avenue. STAFF SOURCE ck Kah , C pltal
-+..4-+=---.!!::fVP:.:......__ Projects Manager/Executive Director, Englew nt
Foundation
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b . Approval of Ordinances on Second Reading .
Council Bill No. 52 , approving the assessments for Paving District 38.
Council Bill No. 55 , authorizing the issuance of Special Assessment Bonds in
the amount of $612,000.00 for Paving District 38.
Please note: If you have a dlNbillty and need auxiliary aids or aervic:ff, please notify the City of
Englewood (303-762-2405) at leaat 48 hours In advance of when services are needed. Thank you .
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Englewood City Council Agenda
September 20, 1999
Page3
C. Resolutions and Motions.
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i. Recommendation from the City Manager's Office to adopt a resolution
O _ •• •i~ providing comment on the Environmental Impact Statement for the Regional
~· · ~ct'~ Southeast Corridor proposal. STAFF SOURCE:
~atant City Manager.
ii.
Adjournment.
epartment of Financial Services to adopt a
tes on Paving District 38 bonds. STAFF
rector Financial Services.
The following minutes were transmitted to City Council between 9/3/99 and 9/16/99:
• Englewood Cultural Arts Commission meeting of July 22, 1999
• Englewood Cultural Arts Commission meeting of August 4, 1999
• Englewood Board of Adjustment and Appeals meeting of August 11, 1999
• Englewood Parks and Recreation Commission meeting of August 12, 1999
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PleaH note: H you have a dlubillty and need auxiliary aids or aervlcea, p ..... notify the City of Englewood
(303-762-2405) at least 48 hours In advance of when aervlc:ea are needed. Thank you.
PINN note: H you have a dlubillty and need auxiliary aids or aervlcea, pleaH notify the City of Englewood
(303-762-2405) at least 48 hours In advance of when aervlcea are rlNded. Thank you.
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