HomeMy WebLinkAbout1997-05-05 (Regular) Meeting Agenda•
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REGULAR CITY COUNCIL M£ETING
MAY 5, 1997
ORDINANCE t ;)"' ~ £ 2, 33, 34, 35, 36, 37
Rl!SOLUTION f 7/.. /. /. /1, 58, 59, 60, 61
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INGLEWOO.D CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
May 5, 1"7
The regular IIICldillg of'die Englewood City Council was called IO Older by Mll)'Or Burns al 7 :42 p .m.
2 .
The ilMICalion -pa by Council Member Wiggins.
3. P1ellF fl A"""9ft
The Pk:qc of' Allcgiaa:e -led by Mayor Bums.
Present : Council Members Clapp, Wiggins, Habenicht, Vormittag, Waggoner,
Bums
Ablcnl : None
A quorum wu present
IClc:rt ', note: The Disarict I Council scat is vacant due IO lhc n:call of' Council Member Hallaway by a
....,.-ity of' lhc vote II Ille January 14, 1997 RecalI Elec:lion. j
S. Mi•ta
Also prelCIII : City Manqcr Clart
City AUomcy Brotzman
City C1c:rt Ellis
Dil'ClCIOr Esacrty, Public Worts
Housing Spcciali• Nealer
Neighborhood lb,:lopmco1 CoonlillllOr Graham
Planning Coordinator Stiu
Dirmor Gryglewicz, Financial Services
(a) COUNCIL MEMBER VORMITJ'AG MOVED, AND IT WAS SECONDED, TO
APPROVE THI MINUTES OF THI REGULAR MEll:11NG OF APlllL 21, 1"7.
Motion carried.
Ayes : Council Members Vormiltag, Wiggins, ffabmichl. Wagoner. Clapp,
Bums
Nays: None
6. Sclledaled Villeon
(a) Mary Dounay, Englewood Public Library Boud mcmber, llaled Iba! lhc Boanl asked
lhal she make a prcscn&ation tonight She DOied there is a remodeling pn,jca dull she tbougbl Council
had received a loc ofinformalion on . Unfonunatcty , she COIIUIIClllcd, like many Olhcr projccls. lhc bid
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came in high. So Din:ctor Long sent a memo to the Library Board members asking anyone who did not
agree with the adjustments he had made to contact him. She advised that one member contacted him and
said they were not in favor of the changes, so the Library Board held a special meeting today at 5: 30 .
1bcy talked about what other options were available. Ms. Dounay explained that the Board feels it is the
responsibility of the Library to maintain a safe and quality environment because it belongs to all the tax
payers in Englewood and that we need to protect out investment. 1be improvements that would occur
would allow the City to use the building at some time in the near future . She said they have heard the
rumors that the City might like to purchase a new library. She commented that the Library Board is a
very practical group of people and they didn't sec any way that we aiuld have a new library in three, five
and possibly even seven years. So, she advised, the Board made a motion, this evening, that the Library
Board approve the remodel project of the Englewood Public Library as outlined in the memo written by
Hank Long, dated April 25, 1997. It was moved by Margan:( Giffin and ICCIOlldcd by Sondn Smithers,
they discussed this for about fifty minutes and it passed 6-1. Ms . Dounay advised that one Board member
was absent because of illness, but that member sent a note to the Board supporting the remodel . Another
member, who IOSl a child earlier, has not attended meetings in the last three or four months, that she came
to one meeting for about a half an hour and went home. Ms. Dounay stated they would encourage Council
to approve the remodel project.
Mayor Bums commented that there has been some discussion about this. If there was a new library built,
what time would it be built, how many years would it take and the needs that were described in the
remodeling project, what your needs arc. He said he would presume what she is saying is that they feel
that these arc immediate needs that the Library has. He noted that some people have complained that the
Library would be shut down for a month in August . Mayor Bums asked Ms. Dounay to comment on lhat.
Ms. Dounay stated that, of course, none of us like to see the Library shut down so they tried to pick the
time that they would cause the least harm to the community. Public Works and Hank Long worked
together on this project and they tbouglll it was more economical and praClical to do it as a single project
and have it shut down for thiny days. She said the Library Board wasn't happy with the thought olthat,
but probably if you have to shut down the Library, the best time will be in August bccaullc it bas less
usage, school isn 't in session. So for the safety of both the compula'5 and books and odlcr leCllnology ,
that was the mOSl practical way to go about it .
Council Member Clapp asked. if we •'Cre to do the imprcwcments in tl!c Library, what is llpCCial about the
different kind of lighting wc would be putting in there. And could they use that for odlcr purpoia for
other offaccs. Ms . Dounay advised that Mr. Clark visited the Board meeting in February and they 1alkcd
about the remodeling project then and they have 1alkcd about it several times in the lut six. -. cigbl
months. One of the ideas that has been discusscd both by Council and other groups is 11111 if the Library is
not there something dse probably related to the City will be there, such as the courts or whatever . And
there is no gua,antee , unless Council guarantees it. that wc will have a new library in the ncar l'uluR . She
opined that the library needs to be comfortable and safe. Ms . Dounay said she undcrslood 11111 Council
has insisted that all businesses have a sprinkler sysacm and the HV AC system is very old, it is the third
pan of an on-going project and so it didn 't make any sense to j ... not go ahead to protea the investment .
She pointed out it is like her house. she may dClcidc sbc wants IO sell bcr house. bul thal slle can't let it get
run down. she has to maintain it . She noted if they arc tben: for five IO seven years. 11111 that is quite a
number of years. Because, she said. the Cinderella City thing is very complicalcd and aa:onling to the
Chaner it would be hard to go for a bond election. Ms. Dounay poinlcd OUl, thal to build a new libruy
would probably be six to eight million dollars and from the bond elections that have been presented
n:ccntly it is not a very popular idea in the community.
Council Member Waggoner asked Ms. Dounay if she was saying thal, even though the Library was
designed as a library, the lighting is insufficient . Ms. Dounay said she would say it is old and i...0-lcicnt .
She explained that if you sit back at the tables. and try to read. the lighting is very poor . They put new
lighting in the schools and )'OU didn 't notice it was bad until the new lighting was in and then you really
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May !I, 1997
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notice the difference. She advised that one of the things they did two years ago was they sent groups of
people to visit other libraries. One of the obvious things they brought back to the Board was the poor
lighting. Mayor Bums said. it would seem. if there was anyplace you would want good lighting it is your
library. Ms . Dounay agreed.
(b) Doug Cohn. 305 I South Marion Street, stated that this second hand bill, that Council is
considering, is a terrible idea. He opined that the way the City could save some money is if they bury it in
the ground right now they won't have to publish it , or any future version of it, in the newspapers and that
wiU save SSO or $60. Mr. Cohn commented on the oppressive amount of paperwork that small businesses
would have to come up with to a,mply with this law, the transaction records, the ID checks, the Slaff'
training, the police inspections. the weekly reports. 1bc pawnshops already have to do all that sort of
stuff. so the law would DOI have any affect on those guys at all. But, be said. be his thinking of other
places that arcn 't excluded from the provision as it is written. He noted King Soopers IClls Uled videos,
the little store on Broadway, Buy Back Games, sells used video games . He said as far as be can tell both
of those stores would be included in the bill . Mr. Cohn said he thinks that would be a terrible idea and
that he has been trying to figure out why the City would even come up this kind of a law to swt with. He
would assume it has IOllldbing to do with stolen property. He noted it is already against the law to steal
stuff, to try to sell stolen stuff and to buy stolen stuff, so he can't figure out why the City would even
bother with this thing. His biggest a>nccm. he stated. has to do with the increased oost to the police
dcpartmcnt of all this extn burden you are going to put on these guys . Taking off"iccrs otf the strccts to do
all tbcsc ID inspc:ctioas. background checks and all that son of stuff. Mr. Cohn stated that his biggest
a,nccrn, personally. is that he owns a hobby store that is currently located over in Cherry Creek. They
have been actively looting for a location to rclocate in Englewood. He commented that the spot he has
right now is nol very useful for the future for them. If Council passes this ordinance, be said. they have a
problem because they sell a few used games and jig saw puzzles and IDIDC of them on consignment. This
kind ofa crazy law. be said. would take Englewood out of the poaiblc locations for them to rclocatc.
entirely. Mr. Cohn reitcnlcld that. as far as he can tell , there is no,-for doing this sort ofbnv al all .
He said that his IUOIIIIDCDdalion is to put it in the paper shRlddcr ud not try to Ii" it. He DOied as near as
he can tell. and he may DOI have heard the whole story, that be cu't -an,• l'allOll to have the bnv al all.
Mayor Burns advi..S that that ordinance has been pulled and llaff is ,mewiag it • tllis PDi*. 11111 ii is
DOI OD the qcnda tonight . Mr. Cohn said he noticed it -·t • tbc .... but dial lie dliJlb it._.
be slnddal. -pulled.
Mayor Burns aimmcnted that be noticed quite a few pc:oplc signed up to talk about day IIINJr . He DOied
he was DOI sure what iauc they wanted to talk about . Mayor Burns explained that Ille onliaallcc on day
labor is ~ Council tonight to pass on first reading and Id a public hearing. 1bc public hearing
sugcsted is for June 2nd . He advised. if they want to make an otficial llalcmcnl. that they 1WMI on the
ftlOOld for 1JW11011CS of a public hearing. lhat that is nol what they arc doing tonight . He mud that
Council's normal procedure is to pass an ordinance on linl reading. Id it for public hcariltg and DOI even
VOie at the public hearing on an ordinance:. but have it the next dale. Al that time they have f'unhcr
discussion and oonsidcration on second reading. So, he noted. Council is m 9Ding to be dienming this
tonight for final pusa,c oi· anything like that . However, if anyoae ,nats to speak they can c:atainly go
ahead and do 50.
(a) Randie Barthlomc. stated that tonight she has come to tell Couac:il good bye. dial slle
resigned from the City and today is her last day. Before lcavi11g. lhc aid. Ille_..... to dulak-,-
for all of their support 11\U the years. thal it has really meana a lot. Ms. Barthlw ca e 1 c ~ tbcy have
been through a loC together, 10111C rough limes. but that tlley have llad a loC or good timca 10o . ne Rll'al1I
they used to have. IOIIIC of the budget processes and all olthal. SIie said tholle dliap really -a lol to
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her and she is laking those memories wilh her. Ms . Barthlome commented that this was not an easy
decision because she has never worked with a liner group of people than the people in her department and
so many, many others here in the Cily. But, as it is with the seasons, there is a time for everything and
she is going to be moving on to new opponunilies and challenges, but that she will sincerely miss all of
Council. She noted some immcdiale lhings on the horizon, some projects with some public and private
firms, the Think Tank and some work wilh citizens groups and some volunteer activities. Ms. Banhlome
presented each Council member wilh a gift . She again thanked Council and noted she very much
appreciated it.
Council Member Habenicht said she would just like to say thank you to Ms. Banhlome for all of her years
of service she has given to the Cily. She noted she docs not have anything prepaml, and certainly not a
gift right now , but that she has done a lot t.o bring a lot of togetherness and strong camaraderie and moved
us ahead in many, many, many ways and that she knows she will be sorely missed .
Mayor Bums stated he would also like lo say that he has never enjoyed worki,ig with anybody any more
than Ms. Banhlome and she has really brought some innovations in her depanmenl . He thanked her for
her service to the Cily, congratulaled her and wished her all the best in the future.
Council Member Vonnittag commented that Ms. Banhlomc has really been a friend to him over the last
three or four years and he just wanted to say good luck to her in her new adventures and to take care of
herself.
Council Member Clapp asked her 10 keep in touch . Ms. Banhlome said she will and ofJered her best
wishes to all of them .
Cily Manager Clark thanked Ms . Banhlome for coming and noted it was very nice .
Mayor Bums commented that that was a class lhing to do and that he was really very impressed .
(b) Jim Rees stated he was here on behalf of the Greater Englewood Chamber of Commerce
and the Board of DircctOB. He advised that he had two letters he wanled to read . He noted that the Board
of Directors of the Greater Englewood Chamber of Commerce came up with lwo position stalCmenls. One
on temporary labor services and one on second hand dealers, that they want to put into the record. Mr.
Rees stated that these letters were drafted prior to them knowing that there was going to be a public
hearing on June 2nd .
He read the following lccter. -The Board ofDirectOB of the Greater Englewood Chamber ofCommcn:e
supports the inlent of an ordinance to restrict the sale or purchase of stolen goods. However. the cunait
Council Bill 31 as proposed, appears to unduly restrict many lawful businesses. and is unclear as to who
must comply with its provisions. This lack of clarily will surely lead to the ordinance being used lo harass
legitimate businesses, "ilo "ill have absolutely no idea how to comply, or for that mailer if they arc even
required to comply Finl in the definition of Secondhand Propcny, you have apparently deliberately
excluded such uems as boats and boa1ing supplies. fishing cquipmclll , automobiles. saatuary and
paintings, hardware and tools. compressors. lal'n -·ers. auto pans, tires. clothing. locks and safes.
camping equipment. and many other ilems Howc\-cr. you indicate that · Any item which is nwted with a
serial number' is to be oovcred by the la" Which 1s it then? I . Arc thole items. many of which have
serial numbers. included in the ordinance. or no1 ? 2. What docs the phrase 'includes but is not limited to
..... ' in your definition of secondhand propcn)' mean? Docs thal mean thal today it is included. but
tomorrow it is nol, depending upon "Inch police off'lccr, cily oft"ICial , or misinformed residenl comes into
the business? 3 Can wc assume that a used clothing IIOfC is not 00\'fflld. as long as they don't 1cll
'boots' and ·fws ' which arc lisacd'! Can they sell UICII shoes? 4 .. Shall wc -•hat~ •o repair
garage in Engnood "ho installs a used pan (•hich "ill ha\-c a serial number) is now n:quired to
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become a licensed sccondhand dealer? 5. Shall we assume now that every other business who buys and
resells used goods, such as Anderson's Vacuum, Englewood Lock and Key, A+ Computers, Mountain
Miser, Englewood Rental, Becker's Appliance, all used car lots, and many other similar businesses who
sell used goods occasionally must become a licensed second hand dealer? 6 . You have defined antiques
as being I 00 years old; so we must assume that an antique store which also sells 90 year old stulJ, or
depression era memorabilia, or WWII era memorabilia will have to be licensed as a second hand dealer.
7 . By the way, is there a big market these days for stolen typewriters, phonographs, record changers and
turntables? 8. Since 'tools' are DOI listed at all, does that mean that a tool store can sell a used
compressor on consignment? (The ordinance prohibits consignment sales by second hand dealers)? Is it
your intent to make all consignment sales of used goods illegal? lbis is not clear. What is clear, is that
this attempt to regulate stolen goods trafficking should be tabled until it can be done in a different fashion.
one that does not seem to require every business in Englewood who oa:asionally sells used goods to be
subject to the intrusive requirements of this ordinance."
He read the lc:ner the Board came up wilh on temporary labor services. ~111e Board ofDin:ctors of the
Greater Englewood Chamber of Commerce is extremely concerned about the recent actions by city
government which seem to be pan of a general attack on Englewood's business community. We urge you
to reject the recommendation of Englewood 's Planning and Z.Oning Commission to force temporary labor
services to relocate or go out of business in Englewood. 1bese businesses provide needed employment to
Englewood residents and essential services to Englewood businesses. Blaming lhese businesses for the
problem along Broadway, or in the adjacent neighborhoods, is inaccurate and shortsighted. They have
been opendcd, as far as we know, in a legal fashion . If illegal activities are occurring, they should be
dealt with quickly and consistenlly in accordance with existing laws. Englewood businesses suppon
elJorts to upgrade and improve our community; bul for these elJorts to be successful, we must stop scape
goaling viable businesses and wort together to identify and solve the real problems which affect
Englewood neighborhoods ."
Mayor Bwm said. as he mentioned before. that the secondhand ordinance is not up for public hearing.
Mr. Recs SUlcd he understood. lhat they wanted to go on record with that.
(c) Sandi Ostema, 2&43 Sou1h Grant Street. stated she would like to addras the issue before
Council giving 120 clays to Stand By to lllO\'C out. She said she can't impn:ss upon Council enough bow
much Ibey do not want to go through another summer of hell with this company. She noted it would have
been nice if the new owner had approached them to work with them on something for the summer until
they can move. But that was DOI fonhcoming, it did DOI happen. Ms. Ostema stated that no one has been
willing to work with the communily. Please. she asked Council, do not put them through another summer
of pure hell with these people . This. she noted, is the prime time when all of this happens. She said if
Council looks at the police statistics she received, at the 203 area of town, which is the Bates/Broadway
area of town. has a signif1C311l increase within District I. of any of the other ones. 1be industrial area is
second. Ms . Ostema emphasized llia1 they an: huning. they are having problems, that there is no llfety,
and no code enforcement . She implored Council to not put them through this another summer. She
stated ii is not thal they are oul to get businesses, but lhal they are noc gelling the enforcemenl or police
prolcction they need. She asked if there has been a study done that has proven that otherwise u Mr. Rees
has suggested. Ms . Ostema maintained there isn 't one. that it is a aimbination of things. She opined it is
real evident and very clear that Stand By has created a lot of their problems and does not want to won
•ith the neighborhood. She asked again that Council not put them through another summer.
(d) Beverly Bader. 27SS South Lincoln Street. noted spring is here and summer will be here
real quick and that she dreads going out to the alley again and cleaning up all of the trash and liner dlal
she has put up "i th since Peak Load moved in in the early BO 's . She said when Stand By mowed ia it jull
got "'Of'IC · She mainwncd their neighborhood has deterionlcd.. she does not feel llfe in her own i.-.
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where she has lived for 23 years, and she is tired of being afraid all of the time. Ms . Bader asked that
Council please, please, not let Stand By stay the extra 120 days.
(e) Julia Scott, 2914 South Grant Street, stated that they also have rental property at 300
East Bates which they bought as an investment in what they perceived as a safe neighbomood . 1bat, she
noted, is questionable at this time. She said they are extremely bummed out about all of the uaflic up and
down Bates. foot traffic that is drunk and disorderly. Ms. Scott stated she does not like going out in her
garden. behind her house in the alley, and cleaning up human feces and she does not like cleaning up
human vomit all over the sidewalk in front of her rental property. She said they feel very strongly about
this and wanted to address it. Ms. Scott advised that she will also address some comments at the June 2oc1
public hearing.
(f) Susan McDonaugh, 2834 South Acoma Street, advised that she lives about four houses
from Bates comer and she gets al/ ,kinds of drunks t,ying to sleep in her back yard and they leave their
trash. She said it is really bad. that she is not that healthy and you don't know what kind of people they
are. Unfonunately. there are a few that are good citin:ns, she said. but that Olhcrs are homeless and they
don't care where they flop . One time. she advised. she put some stuff in a dumpster and there was a
person inside the dumpster. You don't know what kind of people these people are. she said, and besides
she also has trash. Some of the trash is from McDonalds and Taco Bell in her back yard. She maintained
it is really getting bad. Ms . McDonaugh advised that she called the police on somebody that decided to
flop in her backyard. She said she has no clue what kind of person he was . She noted she was sorry.
because she knows it is good for some people who need temporary jobs when they are between jobs, but
their clientele is not that good.
(g) Paula Becker staled she has recently purchased the property 2832 South Acoma Stra:t
and when she moved in she was under the impression that it was a relatively low crime rate area. She
advised that used to have kind of a shoddy privacy fence around the back yard and in order to lleq, the
vagrants out she had to have the fence replaced . That did not wen so she bad to put padJocb on it.
Then. she noted, they a>asistently tried to pry her garage door open so they could sleep inside. 1berefore.
she staled, she has had to padlock her garage as well , that she cannot lcave anything. They tiu-lnllh in
her yard, harass her dog, sleep under the caves of her garage and leave ddlris behind all the time. Ms .
Becker pointed out that she has to clean up the alley twice a week becaUle it is totally trashed from where
the people leave garbage. She stated tliat having them that close to a daycare center is a real big conoem.
(h) Ann Nabholz, 2990 South Delaware Street. said she was sorry she had to approach
Council again on this matter. She noted she has been before Council many times. that they are ll)ing on
approximately four years. She said she would like to make sure thll if this is e"1endcd 120 clays, she
wanted to know where are the safeguards to keq, this from being extended one more time. Ms. Nabbolz
pointed out that her conc:cm is for their neighborhood. that this is prime time for everything to start
heating up again. She stated that the police reports she pulled from June to January. a six month period.
out of 54 police calls to a temporary employment agency. 42 of those were to Stand By alone. Ms.
Nabholz opined that that is alanning. She encouraged Council 10 weigh this carefully, to think about it.
She pointed out that they were not a pcnniltcd use. nor have they ever been. She said she is t,ying to
figure out who is the scape goat here. Is it always the residents that pay the price? She staled she firmly
believes that they all have to be panncrs: business. government and residents. but that she has not seen
that . Ms. Nabholz said she really hoped they could work together on this. She noted the article, in the
Englewood Herald last week. stated the gentleman who has taken over Stand By was not ._ of all of
the problems prior. Ms . Nabholz urged Council to take this under careful consideration.
(i) Carole Tonwso. 29911 South Bannock Street, said she wanted to addras Couacil
concerning extending Stand By 's existence at Bates and Broadway ror another 120 clays. She llated sbe
recognized that Council has a very serious issue here. that it is very tangled. because it is 11111 a pennined
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use in Englewood. Ms. Tomasso said she would like to emphasiu that. She opined that the n:sidents
have been victimi:zed for years and that ignorance is no excuse on City Council's part, on these businesses
pan. She pointed out they a,c not a pennined use, yet they a,c here. City Council, she noted, licenses
them, but they a,c not a pennined use. In the meantime residents have come to Council again and again
talking about bow they have been victimi:zed by drugs, hypodermic needles, being propositioned for drugs
and tccnagcB being propositioned for drugs. She emphasi7.Cd it has gone on and on and on. Ms .
Tomasso said she did not know if Council has the statistics from Planning and l.oning, but the year after
Stand By came, crime increased I Ii-lo. She stated they would like to go back, pre-Stand By. She would
like to have her neighborhood back, she would like to be able to walk down Acoma and Bates with her
daughter and son. She noted that every time she comes around that corner. with her daughter on her bike,
she worries about what she is going to see. Is her six year old claughtcr going to sec some man urinating
and exposing himsclfl Ms. Tomasso said she would like to go back to have the Circle K. when they
would walk up there and get Popsicles and a drink on a wum clay . She IUlcd she pcl'DWly feels that
ignorance is no excuse for City Council, for Carlcnc Walker or for the company lhat bought it. They
should be well aware of the problems and they should be well aware that they a,c not a permined use.
Personally, she said, she would like to see them shut down tomonuw. She asked. ifit were a liquor store
that had some kind of problem with their license, would they allow 1:.cm anollier 120 clays . As has been
testified previously, she said, May, June, July and August a,c their WOl'a mooths. She COIIIIIICllllld that if
Mr. Vormittag would like to suggest that things a,c not that bad due 10 hisobsavatioa of Stand By, she
would like to point out that that was in Janwuy. She said Mr. Vormittag told her he SIii in ·a car with
Carlene Walker's daughter, Lisa Walker. for an hour and observed. Ms. Tomasso emphasized that their
worst months a,c May, June. July and August.
(j) Sunny Vincennie, 2718 South Acoma Street. said she can only reiterate what her fellow
residents have said, that she dido 't want to waste their time and she reali7.CS that these people nced jobs.
She stated that this should be in an industrial 7.0IIC, not in a residential district where her p..a-plays.
where all the children a,c outside. Ms. Vincennie lllalCd it makes a cla8ICfOU5 enviroamenl, thal tllcrc
have been hypodermic needles in her yard, there has been feces. people urinating and crazy people
screaming al the walls. Her son, she advised, asked her what that was and she told bim 801 Ill CYC11 llidt
his head over the feooe. because, God kllOW5, he could have a gun. She staled thele people do 801 beloag
in their homes and that is exactly what they are. they a,c in their homes . Ms . Viacenaie asked Council if
they would like thele people in their home5, around their children or their elderly mothers and fllhers,
sisters and brothers . She said she docs not want to have to live like that. She commented that she mowd
from downtown Denver to get away from those kind of things and Englewood. when she came here in
1984, was absolutely wonderful. Since Stand By and other tempomy services have come in, she advilCld,
some really just nasty people have come in also. Ms . Vincennie said she is a Christian and she should not
say nasty people, that she reali7.CS they need help and they may be sick and they need money. But.. she
pointed out. they need things too and they have rights also. She said she owns her home and she wants it
to be a place where her grandson can play in the bllckyard and not be afraid of some drunk ooming over
the fence or some child molester. Just because they a,c working over at tempomy services, she said,
clocsn 't mean that she should have to put her family al risk . She thanked Council for their time and
commented that she hoped they would take this illk> ainsideration.
(k) Jay Seay advised that he is an elecled employee of the Old Hire Firefighter Pension
Board. He stated that his fil'II notification of the alCftda item work , on the changes to Title 3, Chapter 8,
covering the Firefighters Pension Fund and Permanent Disabilily Benefits. was late on May 2, 1997. He
noted the Pension Board has had some discussions on this matter in the put, as charpd by the ordinance.
There was a negotialcd benefit in the mid 70 's. or early 70's. covering the 20% disability for firefigblers
that was a totally funded and actuarially sound program . He adviled that the new hire peasion was added,
much like the relalcd death and disability that the Slate funded up to January 1997. wbich they jull
changed. The State came in and changed old hire and new hire pensions . He staled that the view. of pat
City administrators and pal City altortlC)'S. was that the new hire firefighters were digible b this
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benefit, with no changes in the funding in any way shape or form . Mr. Seay pointed out that this
ordinance could have severe impact on the unfunded liability of the pension. He opined that there are
other facts that Council may like to be made aware of concerning this maner. As this will requin: time
and knowledge and Council's time is most valuable. he asked that Council table this maner so that he
oould bring other documentation to Council's attention for discussion .
(I) Ron Gold. 2812 South Bannock Street. Slated he has a business at 4285 South Broadway
and that he wanted to speak n:ganling the Stand By issue . He noled it would appear that Stand By or any
day labor place is not properly l.OIICd when: they currently are . which he feels is strike one. Strike two. he
said. is that it seems they are not allowed to transfer the liccnsc, ac::oording to what the City recently
decided. And strike three is that then: has been subslantial community outcry both hen: and many other
times in previous months. He commented that ii would seem that. with three strikes, Stand By should be
out. To save time. he asked if it would be the appropriale time 10 pass out a letter to Council. Mayor
Bums said he could submit a letter if he wanted to, that he could give it to the City Clcrt and she will
distribute them.
(m) Judith Dunlop. 2935 South Acoma Slreet. llalcd lhal she lives in one of the worst crime
ridden streets in Englewood. that she lives directly behind Stand By . She commented that whereas some
people hear stories and see things somdimes, she secs them~ day. She said she would n:ally like to
know why they would enter a motion to continue for 120 days the kind of pniblcms that they have been
fighting against for five years since they have owned their home . Ms . Dunlop pointed out this is not a
rhetorical question, that she would really like an answer. She nolcd that just this afternoon her husband
slipped on a beer bottle cleaning up their an:a in the back yard. It was in some debris. She stated lhcsc
an: the kinds of things they live with in the front and in the back . Ms . Dunlop insisted that this block of
120 days is not just any 120 days. this is coming up to the spring and summer. As neighborhood block
capeains for South Acoma. with Neighborhood Walch meetings that they had at Kaiser Permanente. that
they stancd in Deccmbcr of the previous year talking about how they -going to handle the problems
in the summer ooming up . So, she said. it is 11111 IOIIIClhing lhal jUII popped up over the years. They
started discussing this earlier and earlier. She DOied thal this pal year was a very mild winter and they
had three calls to the police on Christmas Day . 11lcn: -people in the Kaiser lot laying oa the grass
and famila. after their dinners. about 2:00 in die afternoon. wen: -'kiag their children. They thought
that was a linlc inappn,priale and as it turned OUI they -waiting to go to wort • Stand By on a
Holiday. Ms . Dunlop stMcd this has been a :zero tolcrana: an:a . 11ICn: has been a lol ofstalistics brought
forward . Several hundn,d calls. she advised, have been made by the neighbors over the years. They go to
Stand By and they also go to the Kaiser lot . She stated that Kaiser Permanente has done a gn:at deal. thal
they have a security guard that walks the pcrimclcr. She commented thal his job has been milenblc CfflY
since he took over. that they have had them consistcntly over the years . Ms . Dunlop cncourapd Council
10 listen 10 the dirmion Planning and l.oning took . She noted it has taken a gn:at deal or time, effort.
emotion and amdcty from all of the people in this neighborhood thal have shown up. probably, four times.
She said it seemed like every couple of weeks they -coming and Idling their stories. She pointed OU1
that these are n:al life OCCWTC110CS and they will be back on June 2 .... She opined thal it is nae jull Stand
By , that then: -cases made from neighbors thal have been suffering with these ame silllalions at Peak
Load for now longer than ten years. As, she commented. Stand By was just having immoral. unethical
and illegal l!:Clivitics in this business. they have brought these kinds of problems to ligh&. She opined Iha&
ii is not jUll thc people at Stand By . lhat then: an: other ones. She said the place• Galapaeo. when: a
neighbor came during Planning and l.oning. and this wasn ·1 on Broadway. and they an: ICCi11g the -
paaterns thal they saw on their street . So. she said, she would n:ally implon: Council to 11111 CXllllidcr this
motion for any type of extension.
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(a) A proclamation declaring May IS, 1997 as Peace Officers Memorial Day and the week
of May 11 through 17, 1997 as Police Weck was considered.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING MAY 15, 1997 AS PEACE OfflCERS MEMORIAL DAY AND
MAY 11 THROUGH THE 17, 1"7 AS POLICE WEEK.
Motion carried.
Ayes: Council Mcmbcrs Vonnittag, Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
Deputy Director Chris Olson was present to accept the proclamation.
9. l'lllllic Bearia&
No public hearing•• scheduled before Council.
10. C.....A..-
COUNCIL MEDER HABENICHT REMOVED AGENDA ITEM II (a) (1) FROM THE
CONSENT AGENDA.
CITY COUNCIL REMOVED AGENDA ITEM 11 (a) (iii) FROM THE CONSENT AGENDA.
COUNCIL MEMBER WIGGINS REMOVED AGENDA ITEM JO (a) (Yi) FROM THE CONSENT
AGENDA.
MAYOR BURNS REMOVED AGENDA ITEM JI (a) (.ti) rllOM THE CONSENT AGENDA.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS JI (a) (ii). (IY)-, (v) ON nllST HADING.
(a) Appnwal ~ Onlinances oe Finl Reading
(ii) COUNCIL Bill. NO. 38 • 11'mlOOUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 38, IN TifE CITY OF
ENGLEWOOD, COLORADO; ORDERING TifE CONSTRUCTION AND INSTA1J..ATION OF
STREET PAVING. CURB, GUTrall. SIDEWALK, AND STORM DRAINAGE IMPROVEMEIIITS,
TOOETIIER Wll1f NECESSARY INCIDEIIITALS ; AND SE111NG FORTI-I 011IER DETAILS IN
CONNECTION WITH TifE DISTRICT .
(iv) COUNCIL BILL NO . 41. 11'mlOOUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AMENDING 1111.E 3, CHAPTER 7. SECTION 2, OF 11t1!
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE OFFICER PERMANEHT
DISABILITY BENEFITS .
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(v) COUNCIL BILL NO. 33 , INTRODUCED BY COUNCIL MEMBERS
HABENICIIT/WJOOlNS
A BILL FOR AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM
ON THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSE FOR THE PROPERTY
LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANT A FE ON THE
WEST AND DARTMOlJil-1 ON THE SOUTH, FOR A PERIOD OF EIGIIT MONTHS.
Voteraults:
Motion carried.
Ayes:
Nays:
Council Members Vormiltag, Wiggins, Habenicht, Waggoner, Clapp,
Burns
None
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(i) A RlCOlllmendalion from the Department of Public Wens 10 adopt a bill for an
ordinanoc. as amended. approving a Concrete Utility was consideR'Jd .
Council Member Habenicht SlalCd that she has a few questions about this one. She IIOled that she gets a
number of phone calls from citizens and that she finds herself unable to answer these questions as well as
she would like 10. She opined that they need lo be answeR'Jd for the record lo see if, indeed, wc have
looked at all of these contingencies. Ms. Habenicht asked if we have a percentage of people that will have
10 be a part of this plan, before ii goes forward, lo make sun: that ii is economically viable. Dircctor
Esterly advised no, that they have IIOI established any specified percentage ahead of lime. He IIOled that
our expectation is, from folks they have talked to, that the large majority of people would participate. In
fact , he pointed out, anyone who has a comer property, and docs IIOI participate. would be losing money .
It wouldn 'I be a sound economic decision for them . There IIC perhaps some I 59/e lO 20%, just based oo
the economics of iL would stay in.
Council Member Habenicht said she thought she has brought this up before, but that she bas had a
number of people call and express their a,nccrn about it being a program that you have IO op1 out of and
IIOI one that you have IO op1 in to. Expressing conccm again. she said, as they arc questioning the
legality. is it a tax or a fee . Ms. Habenicht stated she wants to be ccnain that wc have a 1cpl opinion that
this is 1cpl and this is not a tax, even if ii is an opt out. ROI an opl in. City Allorncy Bl'OIZlllall advised
that is corRICI, that as long as wc have an opt out provision, ii is ROI a tax.
Council Member Habenicht asked what happens with soma,nc who doesn 't opt out. who is pan of the
program. and within the first year has their a,ncrcte rcpaiR'Jd and they decide to opl out the next year .
She questioned whether we have a provision for that. Director Esterly explained that they can move in or
out of the system at will . Ms . Habenicht advised that then: is llOl1IC CIOIICICffl about thaL that as soon as
somebody gets their a,ncn:te done that they will jUSI opl out . City Attorney Brotzman Slalcd that Ibis is
an on going program that wc sec for many years so they could do that. He noted they would be n:quiR'Jd to
a,mply with all of the issues n:garding opting out. Director Esterly said, back to a p,actical natun:, that it
hasn ·1 been typical that they n:placc an entin: frontage. It has been more typical that they n:placc one.
two. three or several stones ofpropcny. He acknowledged there have been cases where they have n:placcd
an entin: frontage. In particular when they get into pa,1ng districts they arc a linlc bit more aggressive
about lhe ooncrcte n:placcmcnt and perhaps they migl11 C\'cn be more aggressive Wider the Utility
situation when: they might do those frontages. But, he said. it would IIOI be a large number, that they a,c
talking about 30, SO, 75 )'CUI to get around lo the cntin: City. So if people arc opting out, it would be 1%.
2'1e. 3% that had their concn:te n:placcd each )'car.
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Council Member Habcnichl advised 1ha1 several people have said lbal they would prefer ii lo be a property
tax, a bonded issue ralhcr lban Ibis. She said she wanled 10 share lhat. as people have called lo tell her
lbal also.
Also, Ms. Habenicht said. there was a concern lbal if somebody opts oul of lhc program Ibey will be son
ofl.argeled righl away. She said she would like to know bow we can address Ibis to make sure lbat we
assure people lhat this would not be lhc case. Director Esterly stated lhcre is no reason to think lbal. He
noted lbat Council knows him and the majority of his staff and lbat lhat is not a reasonable thing to expect
lbat they would do lbal. Also, be pointed out, this is something lhat any Council member, or any other
reasonable person, can go out and look at. They can look at concrete lhat we have said needs to be
replaced, eilhcr under Utility or under lhc individual property owner. He noted if Council goes through
lhe photographs lhat they have picked up befon:, lhat when we tell a property owner that Ibey now have to
replace their concrete, that it is five, six. ten years beyond the time when it should have been rq,laa,d, that
it is really obvious thal lhe work really needs to be done. So, Ms. Habenicht said, if somebody has opted
out of lhe program and lhe City cites lhcrn for amcrete, lbal !here won 'I be lhe public bearing process like
wilh lhe districls tbat we've have . She asked iflhc process for lhe property owner would be to directly
come to Council or whal would be process be. Director Esterly advised lbal they CIOUld oome to bis office
at first and if they are not atisficd with the answer, go to Council. He noted !here are people who just
believe thal they shouldn't have to do it and they will never accepl lhe facl lbat they should. He pointed
oul lhat both be and Council have talked to people like lhat in lhe past. It is obvious looting al their
concrete lhat ii is in need of rq,air and it is normally not a borderline issue, where we uc kind of after
somebody. Mr. Esterly commented lbal the issues 1ha1 come up very frcquenlly. and have been prCIIClltcd
to Council in lhe past, uc lhese issues thal uc near borderline issues. They are typically the issues where
we have idenlified 1ha1 they have lo rq,lac:e Ibis and Ibey recommend lhal you replace this one, because if
you don'I do it Ibis year you uc probably going lo have 10 do ii in two years anyway. A loc of"pcople. he
said. take lhc advice lhat they uc providing as a manda1e lbat 1hey have to do ii and 1hey don '1. Again,
be advised, be is very comfonable wilh the fact lhat any normal, n:asonable person or any -.i normal,
n:asonable people CIOUld all go out and look at this ooncrcte, eilher on the street or in pholognpbs. and
they would agree thal it needs to be replaced.
Council Member Habenicht staled lbal the other question or COIKlCm thal she bad -people not minding
it being mailed wilh a utility bill, wilh a water and sewer bill, bul they -COIKlCmed lboul it being part
of" the water and -bill . She said she wanted to clarify Ibis issue. Ms. Habenicht med if it is going to
be on the same bill as the Utility bill or if ii will be a mailing in tandem with that bill. Duec:tor Esterly
explained that ii will be in the bill and ii will be a specific line item. He noted there will be a specific line
item for water, one for sewer and one for storm water and now, it appears. there will be one for the
Concrete Utility . He emphasized tbal ii will be a separate line item and the funds will definitdy not be co-
mingled.
Director Esterly said that he would like to go back and commenl a little bit aboul the issue of taxing. If
we did this on I property taxing basis, be advised, we would be going back through the Coualy and the
County would be getting I percentage of the proceeds from any tax that we might impo11: jull lO handle
the money . He noted we uc not seeing thal when we handle the money in this manner, it all goes inlo the
Utility. ii is all accounted in the Utility Fund. He poinled out ii is ac1ually cutting out a la,er of
bureaucracy by not going through lhc County.
Council Member Clapp commcnlcd lhal lhc legality issue still kind of bothers her and that she needs to
clarify this wilh Dan, in her own mind. She questioned. if you uc asking somebody 10 make up back
.. yments on I Concrete Utilily, lhal lhal is not a tax. when they opt in. City Attorney Brotzman advilcd
tbal when they opt back in that docs not make ii a tax . Even though, Ms . Clapp asked. they uc making
up pat payments. Mr. Brotzm111 said lhat is correct. that that is; ... a fai..-issue for the pn,gram to
have them pay their sban:. Bui. she said. ir they uc asked to bring their concrete up to llaDdarcl, wbcrc is
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May !I, 1997
Pace 12
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the liability. She asked if ii is right lhal there is no liability, ii is jUSI a numbers. City Attorney Brotzman
said that is right
Council Member Habenicht asked if they would have to do both, bring their concrete up to standard and
pay. Thal ii wouldn't be either or. City Attorney Brotzman staled ii would be both .
The City Clert was asked to read Council Bill No. 14 by title:
COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER VORMllT AG/HABENICIIT
A BILL FOR AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE UTILITY
ENTERPRISE AJND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF mIS
ORDINANCE IS TO PROTECT THE PUBLIC HEAL TH. SAFETY AND WELFARE AND TO
COMPLY wrrn ALL APPLICABLE FEDERAL AND STA TE LAWS WHICH REGULA TE THE
CONCRETE UTILITY BY CREATING IN TITLE 12, A NEW CHAPTER 8 • CONCRETE UTILITY
AND CONCRETE UTILITY ENTERPRISE AJND.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 1,.
Motion carried.
Ayes : Council Members Vonnittag. Wiggins. Habenicht, Waggoner, Clapp,
Bums
Nays: None
• ••••
(iii) A recommendalion from the Dcpartmeots of Administrative Services and
Financial Services to adopt a bill for an onlinaace amending the Firdigblers' Pension Fund and
Permanent Disability Benefits -considcn:d.
Mayor Bums staled that one of the questions he has, of City AUoracy Bruwnan. is wlldber we AR lalking
about regulalory manen as far as lhe pension board is ClOllllCl"IICd and bow this rally -ts illlo t1laL
Also, whether they have an opportunity. since this is first reading, to have fw1her COlllaal or filltbcr
inpul by lhe time we have another reading. City Altorney Brotzman explained that Council has ICWlal
methods ofoblaining public comment. One is. at scc:ond reading, they could <lOIIIC blc:k to Council ud
sign up as a scheduled visitor, which gives them ten minules . They can also submit all of this in writing
to Council prior to the scc:ond reading . That way. be naccd, Council can be informed cl their position CNI
this matter. Mayor Bums asked if Council wanlcd to table it, after R:lleiving that informalion. thal lhey
could do that too. City Attorney Brotzman said yes.
Council Member Waggoner noted lberc was a question tonighl about the afrcc:I on the unfunded liability.
He said he would like somebody to addns that later on bein ICC:Olld raiding.
Council Member Vonnittag asked if Council could get the information be was talking about. prior 10 the
two weeks . Mayor Bums noted Mr. Seay -lalkiag about submitting --=thing to Council and be was
DOI sure how quickly he could do that He asked Mr. Seay to COIIUIICIII oa when be .-Id submil that .
Mr. Seay stated he would just like the opportunity to get a pacllcc or jUII Iii and lallt widl COUKil .
However. he noted. Council would like lo do thll in the flllun:. He aid be jUII IICICded a lilde ti-10 be
able to get through the rcscan:h and bring thole things up to Council • ., be -'1 jllll talkiag. ., be
would have something lo show Cooncil . Council Member Habeniclll opined that all olCouacil _... 10
look al and listen to the conccms that Mr. Seay has . She asked if Mr. Seay could prelelll lllole CDDCa1II
lo Council in writing. as one ollhe things that Council is facing riglll -is a very . very lav), ll:lledldc
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Englewood City Cwncil
May 5, 1997
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of study sessions and that it sounded like he has some OOIICfflC information. Then, she said. as Mayor
Burns suggested, if he makes a pn:sc:ntation on lilCOOlld reading, if there still seems to be more information
Council would need before they make a decision, maybe Council oould table it at that point. Mayor Burns
said that is what he was thinking, that they aJUld evaluate it then. In response to Mayor Burns. Mr. Seay
agreed that was fine .
The City Clerk was asked to read Council Bill No. -40 by title :
COUNCIL BILL NO. -40, IN'IltOOUCED BY MAYOR BURNS
A BILL FOR AN ORDINANCE AMENDING Tl11..E 3, CHAP1D 8, SECTION I, SUBSECTION 2,
OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO FIREFIGIITERS' DISABILITY
BENEFITS.
MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a)
(Iii) -COUNCIL BILL NO. 40.
Ayes :
Nays :
Motion carried.
Council Membelli Vormittag. Wiggins. Habenicht.. Waggoner, Clapp,
Bums
None
• ••••
(vi) A rec:ommcndation from the City Manager's Office to adopt a bill for an
ordinance amending the Englewood Municipal Code regarding Liquor in the Parks was oonsidcrcd .
Council Member Wiggins stated he is kind of dismayed at Slaff ra:ommcnding this. Number oae. be said.
he thought they had a pretty good idea of how this Council, and lllllll previous Councils. have felt about
ak:ohol in our parts. Mr . Wiggins opined that it has been one of the standards. why we have such good
puts in our City, bccaulc wc do not allow ak:ohol in them. He cmphasi7.cd he will fight having ak:ohol
in the paJb until the day be dies . But. he noted. we: get a rcqucsa from South Subul1lu. from Mr. Kevin
Green. and be brings up a few illucs such as can they have beer ud wine for special ~ can they
bring it into the park and can it be gi\'Cll away , can it be IIICd as pruc for puticipants in badlall
tournaments. Well. he said. if Mr. Gn,cn had ICCII a lot of the drinking thal goes OD after all ball pmcs
as it is. and it is illegal. he would "-that it is no good to have it in tbcR. Mr. Wiggins pointed out thal
when South Subulban took over that part. and they wanlcd to make it into Comcnaonc Part. al the old
South Drive In there on the north side of Belleview, that they were well aware. and we: brought it to their
attention, that Englewood docs not allow ak:ohol in its puts. So, be llalcd. it is not thal they didn't kmw
what was going on, that they walked into it with their eyes wide open. Mr . Wiggins advilcd thal the
second fact that bothelli him is that alcohol causing our officers to have to respond to dnammMM and
things that occur in a park like that ud we do not derive aay taxes from South Subwtlu for aaytlaing that
goes on in there. excq,t for maybe a pop machine where we: -id get -taxes. He poimod DIil wc are
having to have our olTicen rapond to South Subwtlu's problems. 11111 South Subwtlu. Council Member
Wiggins stated that he docs not want to put another burden oo our police clqm1111C111 . 111, he reitcnlcd. he
is toeally agains1 it . And pcnonally. he said. he would IIIOYC to table the item.
City Attorney Brotzman explained that this makes it more ratrictivc ralher than lcll. Ri ... -. he
advised. the provision under exemption says that the govcnuncnlal entity owning and aanlllina die
premncs makes this ddermillllioa. He poillled out that the park Council Member Wigi• jult
mentioned. i1 owned and controlled by South Subulban . Thal means South Subwtlu may gnoc
pcnnislion oo its own . He noted that what this says is that tbcR is a special permit rr... our Liquor
Licensing Board. City Attorney Brotzman advised that the c:umnt provision gives diem the audlority to
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Englewood City Council
Mays, 1997
Pace 14
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grant permission. llafl"s belief was that Council did not want South Subwban to have that power and
authority. Which, he noted, is why staff has submillcd this proposed amendment, which makes them go
to our Liquor Board for a Special Events Lia:nsc, ifat all. Council Member Wiggins stated he
undcntands.
City Manager Clart noted that in addition the City of Englewood a,uJd amccivably grant an exemption .
He said that he undcntands there is a procedure for which the City Manager could do it. but that in the
three years he has served the City he has ncvcr had a request for an exemption . However, he opined, that
by deleting this exemption, if anybody wanted to do an exemption they would have to go to the Liquor
Licensing Authority. He pointed out that llafl"s a,nccm under the current language is as Mr. Brotzman
indicalCd, that as South Subwban is the owner and a,ntrollcr of the pa,t in question, they can grant
themselves an exemption and there would be nothing that the City Council, the Liquor Authority or the
City administration aiuld do about it. So, he said, they are recommending approval ol this.
Council Member Wiggins statcd that he takes back his request to table.
The City Clerk was asbd to read Council Bill No . 39 by title:
COUNCIL BILL NO . 39. 1""1lOOUCED BY COUNCIL MEMBER WIGGINS
A Bill. FOR AN ORDINANCE AMENDING TITLE S, CHAPTER JC, SECTION 3, OF 11IE
ENGLEWOOD MUNICIPAL CODE 198S WHICH PERTAINS TO POSSESSION OF INTOXICATING
LIQUOR IN PUBLIC.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (vi) -COUNCIL BILL NO. J9.
Ayes: Council Members Vormittag. Wiggins. Habenicht, Wagoner. Clapp.
Burns
Nays : None
Motion canicd .
• ••••
(vii) A rcoommcndalion from the Englewood Housing Authority to adopt a bill for
an ordinance approving the ale al five Project Build properties was considcml.
Mayor Bums explained that he asbd that this be pulled bccaulc. as Chairman olthe Englewood Housing
Authority. he always abstains from thcK matters. He requested that Mayor Pro Tcm Habenicht conduct
any discussion on this issue .
Council Member Clapp noted that she was told by a realtor, and she wanted to ~ if it was fact. that
within a property deed illdfyou C1111 alk 1h11 it always bc lMDCr oa:upicd. City Aaomcy Brotzman llllled
that answer is yes. bul the other quellioll is do we have the lllllllpOWCI' to actually cnf~ 1h11 . But. he
noted , they can actually makc that a aM:MIII in the deed.
Housing Spccialill Ncstlcr explained that they cnfora: it for three years. which mually pull us in the
position that the prices al the houlcs wc arc Idling. puts it in tbc price range that wc have acvcr bad a
problem with I rental, WC have always ll)IIC to owner occupied. Because. he adviald. the price range WC
are looking at. they can't rent them. cvcn after thnle years .
The City Clerk was ll5kcd to read Council Bill No . JS by title :
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COUNClL BILL NO . JS , INTRODUCED BY COUNCIL MEMBER WAGGONER
A BlLL FOR AN ORDINANCE APPROVING 11IE SALE ON TI-IE OPEN MARKET OF FIVE
PROPERTIES , WHICH WERE DEVELOPED FOR 11IE ~BUILD" PROJECT .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM JO (a) (vii) -COUNCIL BILL NO. 35.
Ayes: Council Members Vormittag, Wiggins, Habenicht, Waggoner, Clapp
Nays : None
Abstain : Mayor Bums
Motion carried.
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COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS JO (It) (i), (ii), (iii) ud(iv) ON SECOND READING.
(b) Approve of Ordinances on Second Rcacling
(i) ORDINANCE NO . 29, SERIES OF 1997 (COUNCIL BILL NO . 26,
INTRODUCED BY COUNClL MEMBER VORMJTI AG)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STATE
OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPAR'IMENT OF
TitANSPORTA TION. OFFICE OF TRANSPORTATION SAFETY (COOT OTS) TO RECEIVE
OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFElY GRAKT FUNDING
FROM APRIL. 1997111ROUOH RJNE, 1991, FOR THE PROMOTION OF SEATBELT AND CHll.D
SAFETY SEAT USE IN CX>LORAOO AND THE ENFORCEMENT OF LAW IN THE CITY OF
ENGLEWOOD , CX>LORAOO .
(ii) ORDINANCE NO. 30 , SERIES OF 1997 (COUNCIL BIU.. NO. 30,
INTRODUCED BY COUNClL MEMBER VORMJTIAG
AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 21 , OF THE ENGLEWOOD MUNICIPAL
CODE 1915 ENTITLED BODY PIERCING ESTABLISHMENTS AND AMENDING TJ'l1.E 7,
CHAPTER 6E, Wl11i THE ADDmON OF A NEW SECTION 6, ENTl11.ED BODY PIERCING .
(iii) ORDINANCE NO . 31, SERIES OF 1997 (COUNCIL BILL NO. 32 ,
lNTROOUCED BY COUNCIL MEMBER VORMITT AG
AN ORDINANCE AUTlfORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF 11iOR.NTON. CX>LORAOO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN
EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF
llfORNTON IN RETURN FOR SAND/SALT , HOT MIXED ASPHALT, OR CRUSHED AGGREGATE
MATERIALS .
(iv) ORDINANCE NO . 32 , SERIES OF 1997 (COUNCIL BILL NO. 36,
INTRODUCED BY COUNCIL MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A CONTRACT FOR 11IE ENGLEWOOD PUBLIC LIBRARY
FOOD AND BEVERAGE SERVICE .
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May 5, 1997
Pace16
Voteraalts:
Mocion carried.
Ayes : c.ouncil Members Vonnittag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
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Mayor Bums noted that Council Member Clapp had previously rcqucstcd to remove Agenda Item 10 (C)
(viii) from the Consent Ageada. He ubd her if die lliU wanttd to do that. Ms. Clapp &aid she fdt. after
qiaioning Ms. Dounay, that ifwe arc not prqiued IO ID fannnl with a new library or anything of that
nabll'C ud tbelC lhinp would be an Mid to the Cily, ud the builcling 1tructurc itldf ud the people
would bcadit from it, then die -all righl with it.
COUNCB.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PllOVE
CONSENT AGENDA ITEMS 10 (c) (I) THROUGH (riii).
(C) Raolutions and Motions
(i) RESOLU110N NO . 52, SERIES OF 1997
A RESOLU110N FOR A SUPPLEMENTAL APPROPRIATION OF 11IE 1997 BUDGET FOR 111E
CITY OF ENGLEWOOD, COLORADO .
(ii) RESOLlmON NO . 53, SERIES OF 1997
A RESOLUTION ESTABLISHING FEES FOR BODY PIERCING LICENSES UNDER TITLE 5,
CHAPTER 2,. OF 111E ENGLEWOOD MUNICIPAL CODE 1915.
(iii) RESOLlmON NO . 5', SERIES OF 1997
A RESOLlmON AU1HORIZING AN AGREEMENT Wl11I RANDAU. A BLAKE. INC. FOR TIE
CONS11lUCl10N OF A WAlcR LINE EXTENSION LOCATED AT SOl1l1f WINDERMERE
S11lEET AND WEST UNION A VENUE FOR 11fE CITY OF ENGLEWOOD. COLORADO .
(iv) l1iE PURCHASE OF A PICKUP TRUCK Rlll lliE PARKS AND
RECREATION DEPAR1MENT FROM ACADEMY INC . OF COLORADO SPRINGS IN 11E
AMOUNT OF $20,883 .00.
(v) l1iE PURCHASE OF A MOWER FROM COLORADO GENERAL
EQUIPMENT IN 11iE AMOUNT OF $53,704.00
(vi) l1iE PURCHASE OF A TEN YARD DUMP TRUCK FROM TRANSWEST
TRUCKS, INC . IN l1iE AMOUNT OF $56,271 .00.
(vii) 11fE PUROIASE OF A TEN YARD TANDEM DUMP TRUCK FROM
TRANSWEST TRUCKS, INC . IN 11fE AMOUNT OF $56,225.00.
(viii) CONTRACT Wl11i ASH A WHITE CONS11lUCl10N COMPANY IN 11IE
AMOUNT OF $333,500.00 FOR 11fE LIBRARY'S REMODELING PROJECT .
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Englewood City CCN111cil
May 5, 1997
Page 17
Motion carried.
Ayes: Council Members Vonniltag, Wiggins, Habenicht, Waggoner, Clapp,
Burns
Nays : None
11 . Replar Apda
(a) Approval of Ordinances on Firs& Reading
(i) Neighborhood Development Coordinator Graham presented a recommendation
from the Department of Neighborhood and Business Development to adopt a bill for an ordinance
amending the Comprdlensive z.oning Ordinance rcprding Pawn and Auto Pawn and to let a public
bearing for June 2, 1997. He explained that this is an implementation step to the South Broadway Adioa
Plan. Staff' is requesting, he advised, lhat Council set a pubic bearing on June 2,.. to discuss Idling
distance limits on pawnshops. where they would be separated by a distance to ~ further
concentntion of them.
The City Cleltt was asked to n:ad Council Bill No. 46 by title :
COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER HABENIOIT
A BILL FOR AN ORDINANCE AMENDING 1111.E 16, CHAPTER 4, SECTIONS 10. 12, AND 13, OF
1lfE ENGLEWOOD MUNICIPAL CODE 191S, PROHIBITING PAWNBROKERS AND AlJl'O
PAWNBROKERS IN 1lfE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND
AUTOMOBILE PAWNBROKERS AS PEllMITl1ID PRINCIPLE USES IN TiiE B-2, BUSINESS
DISTRICT WI11i DISTANCING REQUIREMENTS ; AND ALLOWING PAWNBROKERS AND
AUTOMOBILE PAWNBROKERS IN 11IE 1-1 INDUSTRIAL DISTRICT AS PERMITl1!D PRINCIPLE
USES WI11i NO RESTRICTIONS.
COUNCIL MEMaER BAaENICBT MOVED, AND IT WAS SECONDED, TO Al'PllOVE
AGENDA ITEM 11 (a) (i). COUNCIL alLL NO ....
Motion carried.
Ayes: c.ouaa1 Members Vormillag. Wiggins, Habenicht. Wagoner, Clapp,
Bums
Nays : None
COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A nauc
HEARING FOR COUNCIL alLL NO. 46 FOR JUNE 2, 19'7 AT 7:JI P.M.
Motion carried .
Ayes : Council Melllbcn Vomliuag, Wiggins. Habenicht. Wagoner. Clapp,
Bums
Nays : None
(ii) Planning CoordilllllOr Stin prCICIIICd a ftlCOIIIIIIClld from tlic Depmt...a
of Neighborhood and Busi-Onclopmc11 to adopt a bill for an ordinanceameacling the
Comprehensive l.oning Ordinance rcprding Tempomy Employment Services and to let a public llcariag
for June 2, 1997. He explained that this is also an implementa&ion step to the South Broadway AClioll
Plan, u Mr. Graham inclialled with tlic pm'ioa illue. He ltalcld they arc requelWII tllll Coadl
Cllablish June 2. 1997 u a public lleariq dale to CIOlllicler UNIICIN11111 to the Comprcb a•hc z-i111
Ordinance relative to IClllpOraly anploymall lCMClCI in the B-1 , 8-2, 1-1 and 1-2 Zone Dillricll.
The City Cleltt was asked to n:ad Council Bill No . 47 by title :
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h&kwood City C111111Cil
May 5, 1997
Pa,:ell
COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER WAGOONER
A BILL FOR AN ORDINANCE AMENDING Tl11.E 16, OIAPTER 4, SECTIONS 10, 12, 13 AND 14,
AND CHAPTER I, SECTION I, OF TifE ENGLEWOOD MUNICIPAL CODE 191S, TO
SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN 8-1 AND B-2 BUSINESS
DISTRICl'S AND TO ALLOW TEMPORARY EMPWYMENT SERVICES AS A CONDmONAL
USE IN TifE 1-1 AND 1-2, INDUSTRIAL DISTRICT, Wl11f DISTANCE REQUIREMENTS .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (a) (II) -COUNCIL BILL NO. 47.
Mocion carried.
Ayes: Council Members Vonnittag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBUC
HEARING FOR COUNCIL BILL NO. 47 FOR JUNE 2. 1997 AT 7:JO P.M.
Motion carried.
Ayes : Council Members Vonnittag. Wiggins, Habenicht, Waggoner, Clapp,
Bums
Nays : None
(iii) Director Gryglewicz prCICIIICd a RICOllllllCllda from the l>epartmeat ol
Financial Services to adopc a bill for an ordinance adding a new ICClion regarding Auto Pawllbrokcn to
the Englewood Municipal Code. He advilcd that this bill for an ordinance. if pasaed, ~ adapt a new
Tide S, Chapccr 16 Auto Pawnbrokers to tbe City Code. This new lioclllc. be said, -diKUlled with
Council in January ol 1997. He noted thll balically ii is really an offshool ollbe l'awnllldler's Liclcnlc
and ii follows thal formal . Mr . Grypewicz adYiled thal Neighborhood and Business ~dopmenl
rcqUClll:d thal ii be broken OUI by for zoning plll1IOICS.
The City Clcrt was 8*cd to read Council Bill No . 44 by lille :
COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE ENACTING A NEW Tl11.E S. OIAP'IB 16, OF TifE ENOLl!WOOD
MUNICIPAL CODE 191S PERTAINING TO AlTTOMOBll.E PAWNBROKERS AND WHIOI
REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 2S, SERIES OF 1996 WHIOI
PERTAINS TO 1HE MORATORIUM OF LICENSES IN 1HE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 44.
Ayes: Council Members Vormittag. Wiggins. Habcaicht, w.,._, Clapp.
Buras
Nays : None
Motion carried.
(iv) Ma!)'OI' Buras llalcd 1h11 this Aplllla IICIII is a ,_......,. rn. die
Departmcnl of Financial Services to adapt a bill for an onliuace Rpelllina die ·Auto WftlCtiaa 111111 Junk
Yards" IICClion ol lbe Englewood Municipal Code and adding a new llCClion enlillcd • Auto Salvqe aml
Rccycled Malcrial s Yards ."
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May 5, 1997
Paee 19
Council Member Habenichl asked if ii would be appropriate lo have a public hearing on this one loo, at
the same time that Council bas the other two. Mayor Bums commented that we already have two public
hearings on the same evening. Ms .. Habenicht opined that they are related. City Allomey Brotzman noted
that Council may have a public hearing. but that they are all coming for second reading al the same time.
Director Gryglewicz advised that this bill for an ordinance, if passed tonight, would repeal Tille S,
Chapter JO of the City Code, Auto Wrecking. which is presently in the moratorium and enacting a new
Title 5, Chapler IO, Auto Salvage and Recycled Materials Yards. He opined that the most significant
change in the license really is the title, that the content has basically stayed the same. Mr. Gryglewicz
advised that Council discussed this at the February I 8, 1997 Study Session and staff met with owners of
these yuds and received their input. He noted that basically they had no real comment with the license.
Mayor Bums said then this is mainly a change of description. Di~ Gryglewicz staled basically yes,
that they didn't like the term junk yards, that that was really their major concern.
The City Clerk was asked to read Council Bill No. 4S by title:
COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE REPEALING TITLE S, CHAPTER IO, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MA'IBRIALS
YARDS AND ENACTING A NEW CHAPTER 10, AND WHICH REMOVES AUTO SALVAGE AND
RECYCLED MATERIALS YARDS FROM ORDINANCE NO. 2S, SERIES OF 1996 WHICH
PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COWRADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (iv) • COUNCIL BILL NO. 45.
Motion carried.
A~: Council Members Vormittag, Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays: None
(v) Director Gryglewicz presented a recommendation from the Deputment of
Financial Services to adopt a bill for an ordinance enacting a new scction lo the Englewood Municipal
Code regarding Pawn BrolieB. and removing this license from the moratorium. He explained that this
bill, if passed tonight. would rq,cal Title S. Chapter 12 , Section 4 of the City Code and re-enact a new
Title S, Cbapter IS Pawnbrulien to the City Code . He notod that this license was discussed by Council on
January 13 , 1997 at Study Session. Basically. he advised, this license has not changed, other than the
restrictive hours of operation have been l'CIIIO\'od . He commented that if Council would desire to place
restrictions on hours. that would be done through conditional use zoning. Similar 10 the way that
temporary employment services was done.
Council Member Habenicht stated that she bas some level of discomfort. knowing how controwcnial both
the pawnbrokers and tempomy employment establishments have been and that we are having public
hearings on both of those. of going ahead and passing these until we know exactly wllal we are passing.
Because. she pointod out, these would be lifting the moratorium. City Attorney Brotzman explained thlll
Council passed the other items on first reading tonight as well . Council will be having public bearings oa
the zoning issues. so if Council wants to change anything on second reading on any o( tbac. apin, they
are all being brought 10 Council at the same time. Council Member Habenicht llkod wbea the removal o(
the license from the moratorium takes place. City Attorney Brot7.man said 30 days after Council pa11e1 it
on final reading. Pass what, Ms. Habenicht asked. Mr. Brot7.man said this particular ordinaace .
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En&tewood City Council
May!!, 1997
Page 20
Council Member Vormittag commented that he thought we already had hours for pawnshops set until
10 :00 at night. City Attorney Brotzman said yes, but that staff cannoc recommend those hours again. that
that is a Blue Law and staff' cannoc recommend that. He explained that Council can put that in one of two
places. One is in the license as it currently is or they can make it a conditional zone, which they did with
temporary employment, to bring up each business individually and look at their hours. Council Member
Vorrnittag stated he would like to put it back into here .
COUNCIL MEMBER VORMITI'AG MOVED, AND IT WAS SECONDED, TO AMEND
AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 43, TO STATE TH£ HOURS (TH£ SAM£ AS
ITISNOW).
Ayes:
Nays :
Motion carried.
Council Members Vorrnittag. Wiggins, Habenicht, Waggoner, Clapp,
Burns
None
The City Clerk was asked to read Council Bill No. 43 by title:
COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER VORM11T AG
A BILL FOR AN ORDINANCE REPEALING TITLE 5. CHAPTER 12. SECTION 4, OF 1HE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO PAWNBROKERS AND RE-ENACTING
A NEW CHAPTER 15, AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25.
SERIES OF 1996 WHICH PERTAINS TO 11IB MORATORIUM OF LICENSES IN 11IB CI1Y OF
ENGLEWOOD. COLORADO.
COUNCIL MEMaER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA rn:M 11 (a) (v) -COUNCIL a1LL NO. 4J.
Ayes : c-il Members Vonnittag, Wiggins, Habenicht. Wagoner, Clapp,
Bums
Nays : None
Motion carried.
(vi) A RICOIIUIIClldal from the Dq,anmeal of Financial Semc:a to adopt a bill
for an ordinance enacting new saiion oftllc Eaglewood Municipal Code regarding Temporary
Employment Establ~ wn COlllidcrad .
The City Clerk was asked to read Council BiU No. 42 by title :
COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE REPEALING TITLE 5. CHAP'IEl 13 , OF 1HE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-
ENACTING A NEW CHAP'IEl 13 . AND WHICH REMOVES TEMPORARY EMPLOYMENT
SERVICES FROM ORDINANCE NO. 25 . SERJES OF 1996 WHICH PERTAINS TO 11IB
MORATORJUM ON LICENSES IN THE CI1Y OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. '2.
Council Member Habenicht asked if passage of this tonight will in any way affix:t how they can or can't
vote on item 11 (c) (i). City Attorney Brotzman said no. So . Ms. Habenicht said. they can vote yes OIi
this and no on the other and there is no problem with thal . Mr . Broczman said that is COffllCI . He
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fi ti lill!i 1111tti 11•~tt!t1 ~ 1r ~ 1 I 11111 !!f ·!II l((rrl tl11 1 •I r!fr(llf_ -l -l [i!i~ ~9
I I f 1 1 g, 1_ 'i i JI ~ 1 lf i ! f I· 1 l i t 1s ~ [ ( t f i O I : :· 1 i f I I· 1 f ! i I If i I -I ; 1· l if 1 • I· -· t 'II I I :; : ~ I .. I I •. · , i • ii f i l I f J • i' i I ~ ~ I· l ! r r , , i r, •. ~ ., _ SI • _ i' , a ... .. t _ 1 _.
i'.1111.:1!1{1 fl_ -
I f ii:llt !',11'11··, J:f tU!Hif i [ I tfH • I sl f i I I . I I ·tl~ ( l [ < ~Ji I ! I fllfl 1Jl1i~ Jr 1ilrf1· i • I J11i
! ' iii I• t[i 1 ri!,UI · . J I t!~i
I ! !!111' jlfJ·Jt i(JJtr1t~ I i i~1§ ' . l 'Ir i l . i .-r i • 1 • • > a =;I [ ; · i , 1 . • , a Ir s ,I!~;' I ; ! , !
I J (Jff! ff!l 11·f !}!Jlj1 1~1 ~ 1 !til ! I· ,., f I · J ·g .sa:,1• I a. i tl !1;;·=; , , ,a: .. r a. 1 , ..
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Mays, 1997
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COUNCIL Ml.MIRR WAGGONER MOVED, AND IT WAS SECONDED, TO AU.OW STAND
av PI.IISONNI.L TO OPERATE IN TIIE CITY 01' ENGLEWOOD IIOR IIOUR IIONTRS
WITHOUT A PROPER UCI.NSE AS 111.QUllll.D av 1111.E So, 111E CITY CODL
c.ouncil Member Habenicht llatcd she ICICOlldcd the motion. in order to put it on the table for clilcussion.
Mayor Bums DOCed that a lot ofhulin: that an: licnled. including liquor busineaes and., illth, they
close on the condition tbal the licenle can be wiped or tnlllfcnecl. He aked if anybody appniacbed the
City with repnl to that Director Gryglewicz said no. when we hcanl that they bad been IOld, we did
COlltsl them. Beca1111e, be noted. we kMw tbal they would be operating without a licenle. So. be
reiterated. no one contacted us to transfer that license and they would not tell us that they MR sold. they
wouldn't confirm that.
Council Member Habenicht withdRw her IICICOIICI.
COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM
II (c) (I).
Council Member Waggoner aked what kind of diNction this giws .....-. City Ma-., Clult adviaed we
will lbul them down. Mr. Wagoner said that be would jull likc to pc .....-a little 111111e duection, that
if Council MR to wte DO OD the orqinal IDIJlion. that would ICCIII to pc them bcller dircclion. Mayor
Bums asked if then: MR any lepl ma. City Aaoney Brutzman explained that actually. to make the
motion. second it and then VOie no. would be -diRdM and appn,prialc. Council Member Waggoner
agreed. Council Member Clapp said lllll llCllCIIUily. that sbe felt they already made • dDcilion when they
originally voted to licelllc them ad 111c felt dley arc jllll saying dley -'t COlllida" anydliDg bul whal
they already have dccidcd OIL c-:il ....... W...-, explained dial bis poinl ii dial dlil ii lllll lllllly
auwering the guy's~ City A--,~ said it ii allO a 1ot clearer to mllif,-do it dial
way. to actually make die .......... it ... vale •.
Mayor Bums pointed OIII dial die ..... -Mlillllwa, IO die ft .. aolion ii aal • die lllllc. '111111 die
motion to lllble ii llcbe c-:il. He ....... c.-:il VOie -die acllioll to table.
V• ftlllll •die_..• a111e:
Ayes : Caacil Mallllcn Voraiaag. WigiM. Hllleaidll. W...-,. Clapp
Na)-$: Ma,ar ...
Molion carried .
Mayor Buras cxplaillClll tllll die GIiiy --Wied., -llecllm lie felt it --....... to
wtc OIi die ....... VOie it._ we calllll do dial. He pointed OUl that no one• Couacil ii YGblll in
favor of aaydliag llen:. He .... die motion to table has..-.. But if the motion to ....... ~
been YOlal oa, he lllllod. lie wauld 111M valed DO.
Council Member Habenidll ..._ if it mipl be clearer to cwrybody to have another motion. 1'11111 aolion
would be thal die -owaen of Slaad By,.._.., OIIISourcc lntcraalional, amy 11111 ~ willlcllll a
pn,pcr licas. Or. llbe llllled. ii thal a maat poilll. She -advilOd that -a IDOCI( poilll. Ulllela.
Council MClnber Waggoner IIMCd. Slaff cloan 't enforce this.
Mayor Bums aked if then: .. any poilll in aUowiq them to operate until Council wees OIi die motion
OIi the 7.0llin&. Or. Council Member Habellichl said. that Council --to deny tlleir reqllll. She ....
if that would llelp. Mayor Bums cp•ioned ifwe have a lcpl prablcm hele ifwe e&cdwly ... diem
clown. beallllc they have bocll mid ad die -party is 11111 licmlOd. City Anonley 8-lllid -.
that then: my be • pnlblan ...... this ,-dlllle and the aeller. Bocaue. he DOied, dley ...... havc
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MayS.19'7
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given nouce that this would have been • problem, bcc:ausc obviously Ibey knew about the liclensing,
obviously Ibey knew about the mning ilmcs. la fact. be thought the owaer hid said be recnpiad what
the pnil,lans were, coming in. He pointed out lhat tboe an: ima ~ the buyer and leller of this
bulinca
Mayor Bums said be lhoughl be did say IOIDdhing about the fact lhat Ibey -getting up to speed on
w1111 the ima -· City Anorney Brotman said yes . Mayor Bums opined lhat if be looked at the
lilultioll at all, anyway, be would have k.-wllll the pniblem is. So, be said, be does not have • whole
lol afsympadly for him on !hat-· But, be noted, the matter has been labled and they don't haYe a
licealc.
12. Gwnl Di• nha
(a) Ma)ws Choice
I. Mayor Bums ftlqUClled Council ...,coYC his expenses for the CML Coafamclc. He noted be will
problbly not attend. _, days. Council Mallba' Habenicht will, bul it is che -1111a1.
COUNCIL MEIDER WAGGONICll MOVED. AND IT WAS SECONDED. TO Al'PROVIC
ICXPICNSICS IIOR TRIC MA YOll TO GO TO THE CML SNOWMASS VILLAGE CONnRICNCE
JUNE 1"7 IN AN AMOUNT NOT TO ICXCICED SIIII.
Ayes: eo.cil Mllaberl Vonaitla&, Hlbenic:hl. Waaoner, Clapp, Bums
Nays: ec-cil Melllba' Wiggial
2. Mayor a.. adviled lllll lie liped a lellCr apologizilts 10 Tari Olalled, wllo-lO c.a.cil
... tiae ...... die pnllllem witll die werlWIIIIII pona paay. He .... dial WW 11 I --a
Idler ID lier .... He aid lie dliab dlll pralllea Ila beell ..._ can1 fl. 11111 lllll lie ...... it -......
lllll 111c liad lOcoae IO c.-:il ad 11>duoup all die lllll 111c liad lO ID lllnlillp lO .. lllll daae. So, lie
...... dley lrllll dial tul WOll'l .........
3 . Mayor a.. tllllllred Radie.,..._ for Iller arwie 10 die Cily OWi' die ... lipl ,-s ..
---lier die bell ill die ftale.
(b) Couacil ........ Choice
(i) c-il MeaerVonaiaas .... c.-cil IOapplO\'echeftadla.dle 0..,
On,ea ud Praud OolfT___. al Fox Hollow. He aid it will be SIOO per penon ad lie ii 1ai1ta
fer.~-Thal will be S400 .
COUNCU. MEIDER HAaENICHT MOVED. AND ff WAS SECONDED. TO SUl90llT A
IIOUltSOME IN THE CLEAN. GUEN AND PltOUD TOUDAIRNT.
Coullcil MClnber Waaoner said lie was al)', but lhat lie woald lie Wlilll • on lllis .-lie .....
widl them piing ~ die, illllead af tlle Eaglcwaod Oolf c.ne.
Ayes :
Nays :
Motion c:arried.
Council Members Vonnittq. HabcDic:lll, Clapp. a..
Council Memben Wigins, w...,...
Mayor Bums said that lie undentallds there has been • lal af pnlplll ud clill:lmiw ......... dlil
tourualll back to tbe Englewood eo..e ad they lqle dial perlllpl llCXI,.... dial ca be daae.
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E•&lewood City Couacil
May 5, 1997
Pase 24
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(ii) Council Member Wiggins said, regarding the Belleview Park, Lions Club
Train, that he saw something where because of the rdocation of the tracks that they anticipated opening
up May 23n1_ He Slated that he just knows there is no way it is going to open. He asked if there is anyway
they can get a definite date of when they anticipate reopening that .
Mayor Bums said he was going to mention that. He said he thought the bike path was going to Slllrt
construction in the middle of April . He asked where wc arc on that. Director Esterly commented that to
the best of his knowledge it is on schedule. Council Member Wiggins asked if anyone has gone clown
there and taken a look at it. Mr. Esterly advilCd that Diredor Bladt was no longer in the mccting room .
Director Esterly commented that he assumed the tracks have been torn up. Council Member Wiggins said
yes, that the tracks have been torn up and that he undcnlands they arc putting in new tnd. Mr. Wiggins
said that all he wants to know is if they arc on target because it is aucial to the Lions Oub to run that
during that time. Director Esterly noted that there is nothing to indicate that they arc not on schedule.
(iii) Council Member Clapp :
I. She asked for some clarifacation on Stand By, that tomorrow wc will Slllrt closing that particular
business. City Attorney Brotzman Slated that wc will give them notice tomorrow . She questioned the
process for that . Mr. Brotzman advised that they should close after they have notice or they will be cited
for operating without a license. She said okay, so they don't have any grace period whatsoever. City
Attorney Brotzman said no . Unless, Council Manbcr Waggoner noted, they get an injunction. Mr.
Brotzman commented that that is a court proceeding and wc will see if they get one.
2. She said she wanted to throw out a suggestion, if this has not already been done, that she felt the
City should require any temporary bathrooms that wc may have in the City, to require that they have an
cmcrgcncy number clearly posted on the outside of the bathroom that a citizen could call. Mayor Bums
said he thought they have a number. Council Member Waggoner commented that he thought they had a
name and a tclcphonc number. Council Member Clapp stated they don't work . Also, Council Member
Habenicht fdt they also sbould be visible from a dillancc.
3. She advilCd that lhe has been spccifically asbd about a Housing Autuity project thal she-.ld
like to be able to help with aad she clocsn 't have the answcn. It is a program. she said, where IOIIICbody
can ollCain funds from the Housing Authority t'> improve their property seven blocks WCSI and le\'CII blocb
cas1 of Broad1111Y . In thoac spc,cific areas. She said she might have the diSlllncing wrong. bul that it is
several blocb off. thal she tlloughl he said ICVCII . Mayor Bums said he thought she was talking about the
rehab loin program and over the years it has bcca IIIOYcd around the City. For instance they target one
section and then target another ICClion. then do it City wide . But he said that frankly he was not aware of
the seven blocks on the either side of Broadway . He reiterated that it was City wide, that you can use the
program. He commented that there arc a lot of rentals in that area on either side of Broadway for two or
three blocks, which they have known for years and have encouraged people to participale in the program .
Mayor Burns said that he docs not know of any ICYCII blocb on either side that is a current targetcd area.
He pointed out that there have been a number of targeted areas OYer the years . So, Council Member Clapp
said, it could have been an old targeted area. Mayor Bums agreed it might have been an old targeted area,
done in the past. but that to his knowledge now it is City wide and can be used anywhere.
(iv) Council Member Habenicht :
I . A resolution honoring Jim and Jennie Taylor as Englewood's Citizens of the Year for 1997 was
considered.
The resolution was assigned a number and read by title :
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Enpwood City Council
May 5, 1997
Pace25
RESOLUTION NO. 55 , SERIES OF 1997
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A RESOLUTION HONORING JIM AND JENNIE TA YI.OR AS ENGLEWOOD'S CITIZENS OF 1HE
YEAR FOR 1997.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 55, SERIES or 19'7.
Mayor Bums noted that on the fourth whereas when: wc arc talking about Jim's support for the Malley
Recreation Center and Englewood Golf Course, that he clidn 't know if this a final draft, but that Mr.
Taylor was very active in the original Simon Center Bond Election. Mayor Bums said that he remcmbcn
going around the City with him as wc had a model of the building and they went from place to place to
cndonc that election. He said he would like to add that if he could. as another item that he worked on.
Council Member Habenicht suggested they note Mr. Taylor's suong support for the Recrealion Center.
Council Member Habenicht accepced the addition to the resolution and, as Council Member Vonnittag
had sccondcd the motion, he also accq,lcd the amendmcat.
Vote re.hi• die aotioll to approve die raallltioll u -.led:
Ayes : Council Memben Vonnittag. Wiggins, Habenicht, Wagoner, Clapp.
Bums
Nays: None
Motion carried.
Council Member Habenicht oommentcd that she did ask why all of Council 's names WClffl 't on the
resolution and Communications Specialist Hoffhines said there wasn't enough room. So. she DOied. they
just thoughl they would go with the Mayor's name.
2. A raiolution supporting the Englewood HillOrical Society's Depot Project w CIOlllidered.
The raiolution w assigned a number and n:ad by title:
RESOLUTION NO. 56, SERIES OF 1997
A RESOLUTION OFFERING STRONG SUPl'ORT FOR 1HE ENGLEWOOD HISTORICAL
SOCIETY'S "HISTORIC ENGLEWOOD SAIIITA FE DEPOT RESTORATION PROJEc..i."
COUNOL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. !16, SERIES or 1'97.
Mayor Bums explained that he was going to abllain from this YOle, bcc:ause the Housing Authority is iD
active negotiation with the Englewood Historical Society about this site and the n:st of the land IWbicb Ille
Housing Authority owns adjaocnt to the Depot.
Ayes :
Nays:
Abstain :
Motion carried .
Council Members Vonnittag. Habenicht, Wagoner. Clapp
Council Member Wiggins
Mayor Bums
J . Council Member Habenicht noted that on the way here she noticed an upturned pona poay aa
Stanford and Fox in the greenbelt.
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Ell&kwood City Colllldl
MayS, 1997
Paae26
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4. She said she wanted to echo Mayor Bum's commcnlS and let the record show how much Randie
Barthlomc 's SCIVKlCS have been appreciated. Ms. Habenicht noted that OYCr the years she has been
pbcoomenal and this will be a ral loss to the City .
•••••
Repnling the porta potties, Council Member Clapp asked if wc can make them chain them down or
secure them in some fadlioa .
13 . City MaallF"• .,_.
(a) City Maaqer Clark discusmd the Ciadadla City Activity Report. He adviaed thal the
pwdluc and ale agreement is rally for Council review at Study Seaion next Monday nigllt. The draft
report was to be here today and wc still hm:n 't iecciwd it. He noted that Mike Miller illdicaled he should
have it to us tomorrow . Mr. Clark advised Council that if they do receive it tomorrow, they will forward it
to Council OYCmight. He said he was not sure or the starting time for that study ~ thal he dido 't
want it to conflict with the Tent Talk and Citimi or the Year. So he was wondering if Council would be
available to start at S :00. BccaUle, he noted, the Tent Talk is schcdulCld to Slut at 6:00 and they an:
confident they can go over this within an !lour. lfthal is okay with Council . Mayor Buras DOied the E-
mail, from Executive Assistant to the City Manager Sue Bradshaw, had it Slarting at S :30 and the Teat
Talk at 6:00, and it ~ be virtually impoailllc for Council to make the Tent Talk. City Maaager Clart
said his thought wu they could med over ~ and if they an: dollc within an hour then they can go on
over to the Malley for the Tent Tait. Council Member Habeaichl said thal she would amimc if they ran
into problems. they could always coati-it to llltcr. Mr. Cladt said yes, they can take whatever time they
want. although they an: ping to eacouraae c-il, if it is okay. to IO oa first reading on the 1,a.
City Maaqer Clark adviaed thal hc tallied to Equilable today iepnlill& leaK terminations. No progress
has been made with Wards and thcy an: holdiag blc:t Ulltil they 1UR -fonnnl motion with Wards.
He llaled thal thc Mm:aalilc Uc:asillg ap: : C Mlidl Wllllkl adioriJJe • ad thc Equitable's
COllllaClor, Ila bccll c IHllplclell ~ City A77oney BnlcDllllll 's OfficlC. He ... hc is 1lkiag oac ... look a1
it and he callCld Mm:amle today ... indicalod thcy sllould cxpm .... -time~ shc middle or the
Met hc will Fed X dlas to shca.
City Maaa,cr Clark ... thcy have mcc with thc developer a ClllpC or ti-. ad thcy an: ~ag a
rm9ed clncqmiat ~ IUippiag 11111 all or the,--SO thc Oly Eqaillllle 111W17 and
Mike Miller indic:alcd this afternoon thal thal lillould be dollc lllid-Mdl.
In addition. he advised, he will be attending the leasing fair at ICSC in two weeks and thal Miller Kitchell
has invited him to sit in on somc or the meetings they an: going so have wisll pn1111C1211Bd thcy alao
Uying to schedule • meeting with the Sony Loews 1bcaScr people so kiad or give dlaa .... clown Oil the
projcCI status .
City M-,cr Clark adviaed that they arc doiag a rm9ed fiuacial pn, Jonna wisll Miller Kiscbcll
showing the pn, forma with and without I ten 11CR carved out, presumably for the M-or Ousdoor
Arts. They arc: still womng on thole numbers .
He noted they an: aim coavcaing a staff' IIICCliag next week to review utility tap, plaa review and building
permit fee activity.
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l:nckwaod City Council
May 5, 1997
Pa,:e27
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City Manager Clark Slllled they have scheduled Miller Kilchell to join the Council on May 19"' for about a
half hour and discuss project status with them.
Regarding the Museum of Outdoor Arts, Mr. Clarlt advised they arc continuing to dcvclop a financial pro
forma. He said they have given us some preliminary numbers on maintenance C05I and we arc Uying to
get our numbers more refmed with rqard to pro rata share of dcvclopmcnt C05I for any carve out of that
site. He advised that they have also inviled the Museum of Outdoor Arts to spend about a half hour with
Council OIi May 19"'.
Finally, he notcd, he and Bob Simpson will be .,_ting a positiOII paper on the 1911,, Uying to pull all of
this informalion. the financial proformas rclaled to Miller Kitchell, and also with the MUICUIII ofOuldoor
Art. inlo __.. of a ooaciac form so that they can start pulling all of these together. So they would
like to spend about a balf bour oa the I~ with Council on that. Right now, Mr. Clark notcd, they arc
shooting for the night of the I~ to be devoted, strictly, to the Cinderella City project. Mayor Bums asked
if he thought a half an hour was going to be enough for either one of these. City Manager Clart said they
arc going 10 push and if they need more time, Ibey arc going to take more time.
Council Member Clapp 8*ed if c-ncil is going to sil down with Miller Kitchell the same night as they
sit down with the Cultural Arts people. Mr. Clark said yes. Ms. Clapp opined that they arc not very
compltiblc . Mayor Bums acJled they arc sepanlC meetings, that they arc not kJ9e(hcr al all. City
Manqcr Clark advised that they will be scparaie on the agenda and they know about each other. Ms .
Clapp said but it will be the same evening. in the same place . Mr. Clark said that they don't think it is
going to be a problem. In respoue 10 Council Member Vormittag. Mr. Clarlt noted it will not be al the
same time. Mr. Clark said he is aware of it, thal we have briefed him and they arc aware of the situation .
Mayor Bums adviscd that Skip Miller called him today and talked 10 him about this. Mayor Bums
commented thal he is very aware of dlis. he undcntands and he docsn 't have a pn,blcm with this. He said
they arc not going to see each odlcr or mcCI caclt othcr or anything like that.
City Manager Cwt nolcd they arc not in an ad¥cnarial, coafroataliOlla silualioa. He advised that the
MUICUIII of Ouldoor Arts llas bcm fully briefed on where we arc at with Miller Kitdlcll and Miller
Kitchell has bcm lillly briefed • to where we arc wilh the Museum of Ouldoor Ans.
Council Member Habcniclll .... she has. problem meeting with • propl*d dcvclopcr before they have
finaliml the Equitable agn,aaait. Mayor Bums noted that put of wbat he is doing is tllal they lawm 't
submittcd their site plaa ud dial he fell that Council needs to lllCICI with them apin to get up to spmt on
where they arc. where they arc spending their money. what they arc spcllding their time OIi and bow they
arc moving ahead. Mayor Bums said he fdt that was entirely consillelll with wbcrc we have bcm with
them in the pall.
City Manager Clark ... ed lhal. 10 bis m:ollcction, Council lllkcd that we bring the deYCloper in and the
developer wholchcancdly concum,d, bccaUlc ltaff was kind of llhuuling back ud forth _. pn,paa
reports. It was felt thal Council and the dcw:loper should sit down fac:ie to fac:ie . That way Council can
hear fil'II hand from the dcvclopcr the various iaa he is dealing with with repnl to the lite plan.
dcvclopmcnl issues and bis tcnanl n,cruilmcnl. So. Mr. Clark noted, they extended the invitalioa to him
earlier Ibis monlh.
Council Member Clapp qllCllioncd whether anything has really changed on KilChcll's sile plan fnim a few
months ago. She lllkcd if ii has changed signif1C111tly . City Manager Clark advised that ii is baica11y
aboul the same. Basically. he said. Ibey would like 10 encoungc a fac:ie to fac:ie dialog with the Council and
the dcvclopcr.
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f.a&lewood City C•acil
May 5, 1997
Pace 21
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Mayor Bums pointed out that Council has not met with them in a long time. City Manager Clark DOied it
has been months. Mayor Bums said be thought ii would be CIOIIIIJUctive . Mr. Wagoner CXIIIIIDClltcd lhal
be would ClCltainly not objccl IO meeting wilh him. lhal he fdl be IICClds IO know where Council is coming
from. Mayor Bums opined that ii would only be fair IO him. becaUle 10111C of the publicity about the
Museum of Outdoor Arts has been in the press and obviously Ibis gcl5 back lo him and lbrough his own
polClltia1 lenalllS and other people loo .
Council Member Wiggins COIIIIIICllled that be IIOliccd that the MIIICWII of'Ouldoor Arts indicated lhal
they would not be inleresled in the Cinderella City site if a (ICIICral men:handiser permiaed. City
Manager Clart said that is uue. that the lenalll mix they would prefer, if Ibey go into the site, would be
the Sony Loews, the light rail Slalion and lbe balance of' lbe site Ibey would CDC0WaF IS IO dndop that
for specialty recail, rcstauranlS, bmv pubs. Iba! kind of'lhing. Mr. Clark noted that lhis is whal be and
Mr. SimplOII would like IO dilcusl wilh Council on lhe I,., Thal is if we go wilh lbe ~ of'
Outdoor Arts option. that we an: looking al more of' a purely cntcnainmenl center as~ IO a mixed
retail cnlcrtainmenl center lhal we an: working on through the Council resolution and Miller Kitchell.
Council Member Waggoner asked if it restricts specially smres . City Manager Clark advised that
basically Ibey wen: pn:tly bllllll. tbal Ibey don·, want 10 go in next to a Walman or T8Jld. Council
Member Waggoner said be undcntands that. But. Mr. Clark said, tbal cloesn 't pn,cludc IOIIIC 1ype of'
boutique 1ype of' mail or any 1ype of retailing tllat would be oompllible wilh -1ype of' an
cn1enainmen1 use or light rail llation.
Mayor Bums stated that Cily Manager Clark and Slaff an: doing what he was going 10 3* Mr. Clark 10 do
anyway when Ibey had breakfast this morning. Mayor Bums pointed out tbat this is a \'UY terious illUC,
because when you look al tbe-ics of'lhis. and be said. Ibey aced to look a1 Ibis \'UY seriously, lhe
question is whether we will have any cash flow oul of' Ibis al all if we go lhe RJUle wilh lhe MllleWII of
Ouldoor Arts. And so. be said, Ibey U\'C -laflC numbers of' aJlt to look al wben Ibey look al Ibis
possibility. He opined that Ibey rally aced IO look al lhe whole ICllpC of' Ibis. espccially -ically,
wilh Mr. Clark and staff'. He noted that Ibey have a n:solution that Council already paaed and they
ha\'Cll 'I changed ii and as you might expect. he said. lhe develaper is a liaJe anlly aboul wllal we are
doing here.
Council Member Waggoner stated that C\'al wilh the M_.. of'Ouldoor Arts you have ao1 dlllipd die
n:solution. Mayor Bums opined lhal you llave chanpd ii dramalically. Mr. Waggoacr aid you are llill
looking 400,000 squan: fed of' ldail and enlcl1aiamenl . Mayor Buns llllled be feels you have dlaaFd
the intent and the ICllpC of' it \'UY dramatically.
City Manager Clark noted that the Museum of' Outdoor Arts is consillelll wilh the raolution, bul the
underlying economics an: a little bil different Paniaalarty. he said, if we do not put a ,eneral
merchandiser over lhere. that changes the underlying economics . Council Meanber W...-r said dial
ccnainly lhe economics an: different. but that he does not remember anything in 1be raollllion dial
addressed economics. He noted that be though! that during the disamion Council said dial mies
was not our IOlal consideration for Ibis site. He stated they were lalking aboul CIIICltainmenl ud mail.
400,000 squan: feet . And if, he said. lbe M-of'Outdoor Artscloesn'I fit in that be would beg to
differ, thal he thinks it does.
Council Member Vormiltag Slated he wanted lo Slate for the record that be is in ra-of' Ibis. Thal be
won '1 be here on the 19 .. and he jusa wanted lo let Council know lhal be is in fftor of' it and be boped lhal
things can be worked out Mr. Vormiltag noted he would lly IO ,et up IO apccd on ii whee be ,ell i.:ll
from the mall show .
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En&kwood City Countil
May 5, 1997
Pa&e 29
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Council Member Waggoner 5lalCd he would say one other thing. that he does think wc need a
commitment from the Museum of Outdoor Arts before we IIIO\IC too far down the road and find out indeed
they do not want to come to Englewood. Council Member Vorminag ~ with that too. Mayor Burns
noted he is very concemcd on that IICOl"C. bcc:ausc that if the clc\<cloper wc have now looks at this. that the
chances arc he will not want to go forward on a plan like this. So. he noted. if he is not then: anymon:
and the Museum decides to go ~ dsc. then wc have losl on both ends and wc will be starting
over from two and a balfycars ago. Council Member W...,..cr said that is why he thinks wc need that
double lctlcr of intent. Mayor Bums noted that wc can gd snookered big lime on this. City Manager
Clark advised that they spoke to them about the double Idler of inlCIII and they would prefer to wait unlit
September to give dial to us. He llalcd we told them that -unaca:plablc and wc would need a faster
time frame. Council Member Wiggins said that it sccms they arc doing a lot of dictating. City Manager
Clark noted that they really feel it is impol1anl on both of tbese i-. that they arc very critical and to
devote an a,erung to this would be well worth it. He said be thought the developer is looking to us for a
commitment, but that also wc arc looking to the Museum of Outdoor Arts for a commitmcnt. He said they
think that wc should at least have an idea of project cost. financial n:lurns and so forth. under both
options. Then the Council can direct Slaff 10 whelhcr lo proceed when: we an: headed or if Council wanlS
staff 10 change din:ction: City Manager Clark statcd lhal staff's official position is they have no
prefcn:ncc on either one. tllal Slaff will do whalcvcr Council wanlS. lbal if Council wanlS a Museum of
Ouldoor Arts. staff will do cvc,ytbing Ibey can 10 make ii work . Mr. Clark opined that then: arc some
groups out lhcn: that arc needing some direction and Slaff would like to keep Ibis project rolling forward
and it is a high priority project that we delcrmincd a couple of weeks ago.
Council Member Habenichl asked if lhe repn:scnlatives from the Cullural Arts Committee that first
broughl forward the connection bclwccn the City and the MUICUIII of Ouldoor Arts could sit in on thal
portion of the public meeting. Mayor Burns noted ii is a public meeting and anybody can sit in on it.
Discussion ensued as lo what she meant by sil in. Ms . Habenicht said she wantcd them to sit in on the
discussion portion of this with Council. Mayor Burns Slated he did not think they should invite cer1ain
people to speak and othcn not. Ms. Habenicht said she wanted them to panicipate. Mayor Burns said be
does not feel thal is appropriate. that he really doesn ·1. He staled this is a serious mancr for Council, Slalf
and these people to discuss. Mayor Burns Slated be lhinks they should have either a full discuslion with
the public or they have Council discussion. But he disagreed with inviting ccnain sclecl people. Council
Member Habenicht llalcd that is wbal study sessions arc about . Council Member Wiggins said that no ii
isn't. Mayor Bums llalcd that traditionally it isn't. that study sessions arc for a cbaacc for COIIIICil to talk
10 staff and other guests and ii hasn't been a public discussion. Council Member Habcaiclll said sbc
guessed that what she -asking for -a couple of other gucslS. since they initialed die coalact sbc
though! it would only be an appn,priale prolOCOI . Mayor Burns staled he is not in favor.
Council Member Clapp asked if Council has other board and commissions come by . Mayor Bums said
they use lo have the whole board come and talk about what they arc doing currently and IO forth. but then
Council put it on an as nccdcd basis and since then Council hasn 't met with any oflhcm. He said he bas
been suggesting lhings like other cities do, such as Lilllcton. when: they have a bn:akfut once a month
with the heads of the boards and commissions and have lhem highlight whal Ibey an: doing cuncntly. He
1hough1 the mayor and maybe the council members do that . He said maybe they could do that once a
month or once a quarter because be kind of misses them. what they arc doing. Even though Council secs
their minulcs, Mayor Burns said be thinks just to say hello lo them and sil down and talk with them is
helpful . Council Member Waggoner noted lhal Council has one scheduled with the Waler Board u an
example.
Council Member Habenicht shared that in having sal in on a number of study sessions with Littldon.
albeit a number of years ago, that whoever Council wanted to bring into a discussion whca they were
studying something thal would make ii worthwhile, lhal would add IO the discussion ud add to lbc illplll.
was appropriate. She said she does not think there an: any rules against who you do or doa't have come to
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EaaiewGOII City Ceuacll
MayS, 1997
PqeJO
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the table in a lludy session when it is lOllldhing lhat is important input. Council Member Wiggins noted
lhat -in Littleton.
CouaciJ Member Vormiaac llicl another poi11110o is dull iftbinp don't wart out with the Outdoor Arts,
at least the Cultural Commiaioa people am llear MIii their....._~ for lhemleha whal their
demands~ ud if it doaa't llappea a least lhey "-MIii the dcmnds were ud why they didn't came
here . Ma)'Or Burm and c.o...aJ Meaba-Wigim noted they am come if it is DOC an executive lellioa, that it is open IO die public. a.,_ am came .
COUNCIL MDISU V081111TAG MOVED, AND IT WAS SECONDED, TO INVITE TBE
CUL11JML AllTS COMJIOSslON TO TBE MAY lt111 SflJDY SESSION.
A,a: ComciJ Mcabcn VCll'llliaag, fflllenic:lil, Waggoner, Clapp
Nays : CouaciJ Members Wigias, Buras
City Manager CJart stated they wiU end a special invitation 10 the Cultural Arts Commission .
14 . CICyAte1ney•,.,_.
City Attorney Brotzmu did DIii bave any 11111Ucn to bring bcf'-c.ounc:il.
IS . A4',iN,..._.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAYS, 1997
7:30 P.M.
1. Call to order. 1: /,.,2__~
2. Invocation. /)J"j~
3. Pledge of Allegiance. ~
4. Roll Call. It~
5. Minutes.
Of!d /,-O a . M;o,te,&om d,e ..... ~,City Couocil Me,,;"I .. April 21, '"'·~
6 . Scheduled Visitors. <Please limit your presentation to ten minutes.)
7.
8 .
a . Mary Dounay, Englewood Public Libq,y Board Member, will be present to discuss the
Library remodeling project.
b . Doug Cohn will be present to discuss r Hand Dealers Licenses.
Non-Scheduled Visitors. (Please '!_,c-a.,
(dlrllllar)
(dlrllllar)
Communications, Proclamauuo ,a, Appointments.
a,#~-0 a. Proclamation declaring May 1 s• as Peace.Offtcen Memorial Day, and the week oi
May 11-17, 1997 as PoliceWeeli. U)~
9. Public Hearing. (None scheduled)
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Mays, 1997
Paal2
10.
Of# ~-0
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(!,,b/r/ tj. i. Recommendation from the Department of Public Works to adopt a bill for an
h~ fR-Dordinance, as amended, approving a,P.>9a* Uf!lity. STAFF SOUICE: Owles 7~ Esterly, Director of l'ulllk:Worb. ~
ii. Recommendation from the Department of Public Works to adopt a bill for an
ordinance creating Paving DiSlrict No. 38. STAFF SOUICE: Clwles Ellaly,
Director of l'ulllk Worb.
iii. Recommendation from the Departments of Administrative Services and
ebJbj /,-{) Financial Services to adopt a bill for an ordinance amending the Firefighters'
Jr"' Pension Fund and P~l?isability Benefits. STAFF SOUICE: Martin
Semple, Attorney at law. ~
{!13!4/ iv. Recommendation from the Departments of Administrative Services and
Financial Services to adopt a bill for an ordinance amending the Police Officers
Pension Fund and Permanent Disability Benefits. STAFF SOUICE: Martin
..... Attorney at law.
v. Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance, as amended, approving a
temporary moratorium on permits and licenses in specific industrially zoned
areas. STAFF SOUICE: Mark Graham, Ne .......... C-.ily
Coonlnador.
n a. L vi. Recommendation from the City Manapr's Office to adopt a bill for an
LOI'° 39 J~ /,-0 ordinance amending the Englewood Municipal Code r,,pding j..iquor in the
7'"" Parb. STAFF SOUICE: l>NI a.Ir. Clly Mal• . luf.,,,l'IO
11 L JJ..1.e vii. Recommendation from the Englewood Housing Aulhority to adopt a bill for an corr: ::TJ ~ I ordinance approving the sale of five Proiect Build properties. STAFF SOU1CE:
(MHtl():/1~1isJ terryNelder, ....... S,.inMlf ~
~ ... 0 b~o;;;;,_'trSeoondlading.1b tr ,11 / iii +--iv fJfJpd i. Council Bill No. 26, ~ lnterp,wnment.al~t with the
.-ti). a Colcndo Department of Transportalion, Office of Transportation Safety for pant
l7 WJ--r l funding to encouraee the use of seat belts and child reslraint syseems.
N. I !£J ii.
Council Bill No. 30, crealing a new Chaple, in the Englewood Municipal Code
establishing a license for Bodv Piercing Establishments.
iii . Council Bill No. 32, approving an Intergovernmental Agreement with the City of rnJ ,/t !)J Thornton for rotomilling services provided in exchanp for goods.
iv. Council Bill No . 36, iPP")Ving a contract for a food and beverap service can
~ -J-32_ for the Library .
..._ ...... ,.. .... ....., ....... ...., ........... ..., .. ae,.,., .,_ .. ............ ..._. ..................... ,...
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Gty Council Apnda
.}Aay s. 1997
PageJ
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esolutionsand M~ ir2, /O ~ /:/1;,~n~) /II//
i. ecommendation from the Depa~ncial Servic~ .;~-;;;[-
resolution approving a supplemental appropriation of Conservation Trust Fund
reserves to fund the City's portion of the Big Dry Creek Bike Path and the
Recreation Center roof project. STAFF SOURCE: Frank Gryglewicz, Director of
f"enancial Services.
/1ot/r,53ii.
/!Jµ./J!31-iii.
Recommendation from the Department of Financial Services to adopt a
resolution establishing fees for Body Piercing Establishraents. STAFF SOURCE:
Frank Gryglewicz, Director of Financial Services.
Recommendation from the Utilities Department to adopt a resolution approving
an agreement for a water line extension on South Windermere Street and West
Union Avenue. STAFF SOURCE: Slew.1 H. fenda, Direc:tCN" of Utilities.
~
/YUfJiX
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/~J--fu~
iv. Recommendation from the Department of Public Works to approve, by motion,
the purchase of a pickup truck for the Parks and Recreation Department. Staff
recommends awarding the bid to the low bidder, Academy Inc . of Colorado
Springs, in the amount of $20,883.00. STAFF SOURCES: Jerrell Bia&, Director
of Parks and Recreation and Dave Lee, Manager of Open Spaces.
v.
vi.
vii.
viii.
Recommendation from the Parks and Recreation Department to approve, by
motion, the purchase of a mower. Staff recommends awarding the bid to the
low bidder, Colorado General Equipment, in the amount of $53 ,704.00. STAFF
SOURCES: lerrell llack, Director of Pub and Recreation and Dave Lee,
Manager of Open Spaces.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of a ten yard dump
truck. Staff recommends awarding the bid to the low bidder, Transwest Trucks,
Inc ., in the amount of $56,271.00. STAFF SOURCES: Stewart H. Fonda,
Director of Utilities and lim T allenl. Opelllionl Divilion Manqer.
Recommendation from the Utilities Department to .ipprove, by motion, the
purchase of :a ten yard tandem dump truck. Sr.ff recommends awarding the bid '
to Transwest Trucks, Inc. in the amount of $56,255.00. STAFF SOUltC£:
Stewart H. Fonda, DirectCN' of Utilities.
Recommendation from the Department of Library Services to .ipprove, by
motion, a contract for the Library's remodeling project. Staff recommends
awarding the bid to the low bidder, Ash & White Con51Nction Company, in the
amount of $333 ,500.00. STAFF SOURCE: Hank L0111. Dinctar of Library
Services.
Plwe noee: If you have a dlAIIIRly wl...., _.., .... ....., plwe llllllly .. Clly of& ....... (7Q-2415) al
leaat 41 houn In adyance of wt.I_.. .. ......_ 1111111c ,-.
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City Council Apnda
Mays, 1997
'•'
11. Regul. Agenda.
a. Approval of Ordinances on First Reading.
/;IJ JL,J, i. Recommendation from the Department of Neighborhood and Business .
c:,or-yr, ~ /,-O Development to adopt a bill for an ordinance amending the Comprehensive
"Yr Zoning Ordinance regarding Pawn and Auto Pawn and to set a public hearing
for June 2, 1997. FF SO ICE: Mull Grahan, NeiaN,omood Dewlopment
or,' /p-() ii. Recomm~tion from the oe~af!t'!t ~./~ ?~_..-
A•~ ;, -~ Development to adopt a bill for an ordinance amending the Comprehensive
c:.prr.., f I.fr 1,-0 Zoning Ordinance regarding Temporary Employment Services and to set a
public hearing une 2, 1997. STAFF SOUia: Harald Stilt. Planning ,
fJff>' /,-Oiii. ~onfromthe~~~i7J""'.Jl'f1/l·~,A
I) Jf:.tp/. ~ an ordinance adding a new section regarding Auto Pawnbrokers to the
l!/,~j-~ =~ SOUICE: FrankGryglewicz, Director of
iv. Recommendation from the Department of Financial Services to adopt a bill for
(!, l...~J~ an ordinance repealing the "Auto Wrecking and Junk Yards" section of the
~ Englewood Municipal Code and adding a new section entitled "Auto Salvage
"Tr (,-0 and Recycled Materi,JH'~!I~f SOUICE: Frank Gryalewicz. Director of
FinMc~ -77--
/) n .L~ v. Recommendation from the Department of Financial Services to adopt a bill for
!!-Dr ;\flpdinance enacling a new section to the Enatewoc,d Municipal Code ~ ~0 M ~ing Pawn Broken, and removing this license from the ~um. STAFF
50UICE: .... c., ... wicz. Dndorof Fi-cw s.mc... ti~ WIIM V..-. ...... ID__.C89411D .......... __ lll-t -. --·o
vi. Recommendalion from the DepamMnt of Financial Services to adopt a bill for el#).. an ordinance enacling a new section of the Englewood municipal Code
/ln>A /, 0 rep,ding Temporaiy Employment Embl~ }! .. Af!A~ Frak
',r"' -GI J'llewicz, DiNc:lar of Fillwlll Senic:a ""'7'f'"""'-"'
b. Approval of Ordinances on Second Reading.
c. R9utions and Motions.
,14 L J. ,J i. Recommendation from the Department of financial Services to approve a
~ motion allowing Standby Personnel to opera&e in the City of Englewood for four 15" --/
11
<') months without a proper license. ST Aff SOUICE: Frank Gryalewkz, Director
Uy:&f)Oly ~~;, tiJ>.lv // t I
.._ __ .. ,. .... ...., ...... ...., ............. ..., .. a,., .. , .. ,_ ..
.... ... houn ... .._. ...................... ,...
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City Council Agenda
-May S, 1997 ,.s IPPd ~1 w.gga,. IIIIIWN III appa....,_ forh Mlwa,lo go III lw CML S.-Vlllga eon,.,.a
(ray. Wlgglna) .u. 1887Inananall'II11111111-.. $1000.
12. General Di
IPPd 4-2 HabenlcN fflDWN to a,ppoit a fouraoma In h Clean, Grwan and Proud Tounwnn
(rays : Wlgglna, Wagoo,w-)
a. May C ice. ":1
b. Council Members' Choice./.
/!1Jo"'7; ~i. A resolutiQfl,hQnoringJim and Jennie Taylor as Englewood's Citizens of the Year
4,. fnr1997.~ ........ No. _ _.....,.._. ......... T.,.. _ _,.._lnlwOltglnal s.-iC..llmlllBal*ln .
..... _._, ........... .., .. ~~c.-. .,~L--~~,
/2ut)"/:·ffik_ii~ A resolution ~ng tne tngiewooa MISIOl'IQI )()Oety's Depot Project.~
"ff"' '/,-/-/ ( flll/~~)
13. City Manager's Report.
a. Cinderella City Status Report.
IPPd4-2 Yafflllllg IIIIIWNlll llwllalw CIAnl Ma CammlaelDn lotw-1f" ai-t, s.a,alan.
(nawe:WW-, .... )
14. City Attorney's Report.
'"M~
The following minutes were transmitted to City Council between 04/18/97-05/01/97:
• Englewood Liquor Licensing Authority meeting of April 2, 1997
• Englewood Non-Emergency Pension Board meeting of January 14, 1997
• Englewood Firefighters Pension Board meeting of October 23, 1996
• Englewood Non-Emergency Pension Board meeting of October 8, 1996
• EnglP.Wood Firefighters Pension Board meeting of September 9, 1996
• Englewood Firefighters Pension Board Volunteer Special Meeting of September 2S, 1996
• Englewood Joint Pension Board Special meeting of September 9, 1996
• Englewood NOfH!fflefll!"CY Pension Board meeting of July 9, 1996
........ If you ...... .....,. ........ ...., ......... ,......, .. Cly., ......... (762-2415) .. ........... .......... .,, ....................... ,...
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON ICHEDULED Vl81TOR8
DATE: MAY I, 1117
I'
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
ADDRESS TOPIC
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IIIPd 8,0 \olannllag ...._..., ..... ca, GID._ ....... Ch-• I ii._,
..... ~, aw ...... .., .... ,,,c)(I) (Illy.....,
..... ~, -.... ...... .., ........... .., ....... .., .. .., .. Cll..__wi.c....-(llly.Wwrna) ..... ,.111 .. ......,IIIIID.__a,aoo.
111Pd4-2 .............. .., ...... ,...__llt .. Cllan.O......, ...... r......_ (na,,a; Wwlna. -....,
'11Pd4-2 ~--IDn11t .. Cc6awA119 C-.t1saa.,1D ..... Ill" lludr ......... '"8,a: Wwina, .... , -... ·----......... __ _,_ ... ____ _ ......... *Y .................. ~ ........ C...
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAYS, 1997
7:30P.M.
Call to order. '7: /-;;_~
Invocation. IAJ~
Pledge of Allegiance. ~
Roll Call. ft~
Minutes.
Of!d.~-0 a. Minutes from the Regular City Council Meeting of April 21, 1997. ~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
7.
8 .
a . Mary Dounay, Englewood Public Library Board Member, will be present to discuss the
Library remodelins project.
b. Doug Cohn will be present to discuss 2• Hand Dealers Licenses.
...... .......
Non-Scheduled Visitors . .-IINe (Clwl!Nrel C-) ....a.. ... ..., ...., ..... , . ...,
Communications, Proclamations, and Appointments.
~/J-0 a.
Proclamation declaring May 1 s• as Pace.Officers Memorial Day, and the week of
May 11-17, 1997 as Police Week. IA)~
9. Public Hearing. (None scheduled)
ff
,.._ nae. If yau hav. • clubllty 11111 MN ..alary .. or ......... llllllfy .. Olp of I.Ilk ... C,U.MIS) II
lull 41 haun In advance of what..._ .. ......._ n.k ,-.
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City Council Agenda
May 5, 1997
Pagel
10.
Off' ~-0
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{!,,ljf/tj. i. Recommendation from the Department of Public Works to adopt a bill for an
!lkHJi ~ordinance, as amended, approving a,S:!)9crete Ut[lity. STAFF SOURCE: Chutes '7r'-Esterly, Director of Public Worb. ~
CJ,IIJi ii.
~ iii.
~lr!J
{!BfJtl-l iv.
v.
eM-33
f..f>,J.,29 vi.
.:.J 'fpdl,-0
Recommendation from the Department of Public Works to adopt a bill for an
ordinance creating Paving District No. 38. STAFF SOURCE: Charles Esterly,
Director of Public Worb.
Recommendation from the Departments of Administrative Services and
Financial Services to adopt a bill for an ordinance amending the Firefighters'
Pension Fund and PermanerJ;~isability Benefits. STAFF SOURCE: Martin
Semple, Attorney at Law. ~
Recommendation from the Departments of Administrative Services and
Financial Services to adopt a bill for an ordinance amending the Police Officers
Pension Fund and Permanent Disability Benefits. STAFF SOURCE: Martin
Semple, Attorney at Law.
Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance, as amended, approving a
temporary moratorium on permits and licenses in specific industrially zoned
areas. STAFF SOURCE: Mark Graham, Neighborhood Community
Coordinator.
Recommendation from the City Manager's Office to adopt a bill for an
ordinance amending the Englewood Municipal Code ~ng ~iquor in the
Parks. STAFF SOUia: Doug Clark, City Manager. ~
11 L JJ... 2.~ vii. Recommendation from the Englewood Housing Authority to adopt a bill ior an
curr::T.), I ordinance approving the sale of five Project Build properties. STAFF SOURCE:
"5--() -leny Nestler HoUling Specialilt. ~,}) ~ u 4/lAJIS) ' ---,,--~-
18 ,o b~f ~ ~Second Reading .lb /r // 1/ iii 'f-ifl
t'fJfJd i. Council Bill No. 26, ~tergovemmengl{greement with the
.-ti )/J Colorado Department of Transportation, Office of Transportation Safety for grant
f7 l,4"'r I funding to encourage the use of~ belts and child restraint systems.
ii. Council Bill No. 30, creating a new Chipter in the Englewood Municipal Code
establishing a license for Body Piercing Emblishments.
Council Bill No. 32, approving an lntergovemmengl Agreement with the City of
Thornton for rotomilling services provided in exchange for goods.
Council Bill No. 36, approving a contract for a food and beverage service cart
for the Library .
...._ nae. If,-._.• llallllty wl nad _.., -*• ..._, plwe IIOllfy .. City el Et•u-(762-241S)al
lellt41haun ...... ., .................. 11-k.-.
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, City Council A,enda
May 5, 1997
PapJ
c. 0,,r1,-o
•
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esolutions and M~ -t,;-~)L lo (!_ / _11j,,b,J_L ) II 11'/
i. ecommendation from the Oepal,ent~f Fi,;-ancial Servic~ t;:d~ -
~L.
resolution approving a supplemental appropriation of Conservation Trust Fund
reserves to fund the City's portion of the Big Ory Creek Bike Path and the
Recreation Center roof project. STAFF SOURCE: Frank Cryglewicz, Director of
Financial Semces.
/Jno,1,133 ii.
/au{J-51, iii.
Recommendation from the Department of Firwtcial Services to adopt a
resolution establishing fees for Body Piercing Establishments. STAFF SOURCE:
Frank Cryslewicz, Director of Financial Semces.
Recommendation from the Utilities Department to adopt a resolution approving
an agreement for a water line extension on South Windermere Street and West
Union Avenue. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
~
/Yfi.ltli>t
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iv . Recommendation from the Department of Public Works to approve, by motion,
the purchase of a pickup truck for the Parks and Recreation Department. Staff
recommends awarding the bid to the low bidder, Academy Inc. of Colorado
Springs, in the amount of $20,883 .00. STAFF SOURCES: Jerrell Black, Director
v.
vi.
vii .
viii.
of Pub ud RecrHlion ud Dave Lee, Manager of Open Spaces.
Recommendation from the Parks and Recreation Department to approve, by
motion, the purchase of a mower. Staff recommends awarding the bid to the
low bidder, Colorado General Equipment, in the amount of S53,7°'4.00. STAFF
SOURCES: Jerrell 81.tck, Director of Parb and Recreation and Dave Lee,
Manager of Open Spaces.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of a ler'I yard dump
truck. Staff recommends awarding the bid to the low bidder, Transwest Trucks,
Inc., in the amount of $56,271.00. STAFF SOURCES: Stewart H. Fonda.
Director of vtilities and Jim Tallenl. Operlllians Divilion Manapr.
Recommendation from the Utilities Department to approve, by motion, the
purchase of a ter, yard ~ dump truck. Staff recommends awarding the bid ,
to Transwest Truclcs , Inc . in the amount of $56,255.00. STAFF SOURCE:
Stewart H. Fonda, Director of Utlldes.
Recommendation from the Department of Library Services to approve, by
motion, a contract for the Library's remodeling project. Staff recommends
awarding the bid to the low bidder, Ash & White Construction Company, in the
amount of $333 ,500.00. STAFF SOURCE: Hank Lons, Director of Library
Semces.
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l'lwe note: If you haft a dlsabllty wl nwl _.,, ai* •---. ,.._ ..atly .. Clly of Eftplwood (7'2-2411) at
lealt 41 hours In adyance of when .-vices-...aid. n..11 ,-.
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City Council Agenda
Mays, 1997
Pap4
11 . Regular _Agenda.
a. Approval of Ordinances on First Reading.
(!A/J-~ i. Recommendation from the Depmment of Neighborhood and Business .
AltllJi /,-O Development to adopt a bill for an ordinance amending the Comprehensive
"Pr Zoning Ordinance regarding Pawn and Auto Pawn and to set a public hearing
for June~RCE: Mark Craham, Neighborhood Development
ap1~-0
~:end~tion fromthe~~~':P ~1~ 7 ~1
"u, Jr> ,_J Development to adopt a bill for an ordinance amending the Comprehensive
Cprr '1 / 'Pr 1,-0 Zoning Ordinance regarding Temporary Employment Services and to set a
public hearing or une 2, 1997. STAFF SOURCE: Harold Stitt. Planning
fJfpJ, fl-0 ··· nator. AJJ-~~~Ju~.4, U> ~ HJ>¥JN.1/W19·~
111 . ommendation from the Department of Fi~~/~;o adopt a~-~ · . /
/)L~ an ordinance adding a new section reprding Auto Pawnbrokers to the
C.:,p '--~nglewood MuniciP1lS~;~FF ~RCE: Frank Cryglewic.z, Director of
.--'1:inancial Services. v• ,.,y,~ I/'
iv . Recommendation from the Department of Financial Services to adopt a bill for
{!, J...~J~ an ordinance repealing the "Auto Wrecking and Junk Yards" section of the
~ Englewood Municipal Code and adding a new section entitled • Auto Salvage
"Tr t,-0 and Recycled Materi,Jg~nA!f SOURCE: Frank G,yglewicz, Director of
financial Services. ""~-
/J n ~1 L'l v. Recommendation from the Department of Financial Services to adopt a bill for 1!-D7;,~ '-O ..,,.,.., .yt~rdinance enacting a new section to the Englewood Municipal Code
"Tf'1I' ,,--. M -~ing Pawn Brokers, and removing this license from the m~torium. STAFF
SOURCE: Frank C, fllewicz, Direc:tor of financial Services.(/~
appdtM> \larmllagfflll!llldlD_.CBfGID ..... lw._.(IN_alta-, ~ -.... ·o
vi. Recommendation from the Department of Financial Services to adopt a bill for
{j,8#)... an ordinance enacting a new section of the Englewood municipal Code
regarding Temporary Employment Establish~:..,~f!ASO-URCE: frank tJfP' /,-0 Gryglewicz, Director of Financial Service. v"'?'f ,---
b. Approval of Ordinances on Second Reading.
B c. Resolutions and Motions .
.,14 L J • .J i. Recommendation from the Department of Financial Services to approve a
~ motion allowing Standby Penonnel to operate in the City oi Englewood for four '5" _. /
11
(') months without a proper I icense. ST Aff SOURCE: frank Cryglewicz, Director
Uy:6tLoy~~ictx~ 11i1
,.._ note: If,_. haft a dlNllility ad MIii _.., _. •---. ,.._ Ndly Ille Oty ol Ez4' wood (7'2-2415) at
!ult 41 hours In---al.._ ____ ......._ 1'hlllk ,.._
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I City Council Apnda
Mays, 1991
_. !>1 w.a.,. .... 111....._ .......... ...,_ .. ., .... CML ~ '\llllga CGnlarwnc< PapS na,: Wiggins) Juna 1887 In•_. 1111 ID_... S1CIIIO.
12. General Di
_.4-2 Hlllanicft,._,ID ..... a...._ln .. Cllan, Gt...nl PnlUIIT__..
,...: Wiggins, w.aa-,
a. May s C ce. ,z
b. Council Members' Choice. /'
/!Mo~ ~i. A resolutiO(l,hqnoringJim i1lld Jennie Taylor as Englewood's Citizens of the Year
.C,. fnr1997.~
lllaaMlmlND. _ _...ID!lllad .. fadlallr. T.,.. _ _,.._1n ........ s.-,c.-.... a.llll .
..... _._, .... ......, .... e........, ........ c..w. .,. L-.-~. /l.J.4~·i. A resolution supporting the tngiewooo n1sronca1 )()Clety's Depot Pro;ect.~
t/,-/-1 ( A)A11:l,l//"61~ ) Af12'1t.!AJ f &,t~
13. City Manager's Report.
a . Cinderella City Status Report.
IIPPd4-2 ~--IDilwlla .. CUluralANCcs~--(,...: Wlgglna, ....,
14. City Attorney's Report.
A4iO)f.'ment . ~
7:6) r.v
The following minutes were transmitted to City Council between 04/18/97-0S/01/97:
• Englewood Liquor Licensing Authority meeting of April 2, 1997
• Englewood Non-Emergency Pension Board meeting of January 14, 1997
• Englewood Firefighters Pension Board meeting of October 23, 1996
• Englewood Non-Emergency Pension Board meeting of October 8, 1996
• EngiP.Wood Firefighlers Pension Board meeting of September 9, 1996
• Englewood Firefighters Pension Board Volunteer Special Meeting al Sepcember 25, 1996
• Englewood Joint Pension Board Special meeting al September 9, 1996
• Englewood Non-emetteilCV Pension Board meeting al July 9, 1996
Plwe llOle: If,-. haw• clallilly wl .... ...., .. w---. ,.._ llllllfy .. Clly el •llltaNII (762-2411) II
.... 41 IOln In ....................... 11llllli ,-.
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ENGLEWOOD CITY COUNCU.
ENGLEWOOD, AllAPABOE COUNTY, COLORADO
April 21, 1,,7
I. Cal•Order
Tbc regular meaiDg a{dle Eqlcwuod City Couacil WII called to Older by Mayor S.. • 7:45 p.m.
2. Ilic rMhe
3. Pie11te f/1 Ah&tewe
Tbc Pleqe a{ AllqilllClc Wll led by Mayor Burm.
4. RaaCaB
Ablenl:
Council Memben Clapp, Wiggins. Habenidlt. Vormiaag. Wagoner,
Buras
Noac
A quorum WII praem.
(Clcrt 's llllfe: The Dillrict I Council 1e:11 is ~ clue to the recall a{ Council Member Hadiaway by a
m,Jority a{the \'Ole al the Jamary 14, 1997 Recill Eleclioa.l
5. M1-aa
AIID praeat: City M-,er On
City~~
City Clcrt Ellis
DilSIIDr &.fy. Pllllil: Wolb
EaciWlills M-.. Kala
l>il.-l.Olls. Linly Semca
NeqlllloltlDad Ded p I I Qionliwr Cnillm
a.ims C .I} ColNdiw Sc:ilelli
Dilectar SilllplDIL Neipbo;lwud ud .__ l>c¥elopimll
(a) COUNCD. MDISER VOL\U'ITAG MOVED, AND IT WAS SECONDO, TO
APPROVE TD MINUTES Of TBE RECULUl MEETING Of An1L 7, 1"7.
Motion curled.
Ayes : Council Membcn Vmmiaaa, Wigias. Habeaic:111. w....-. Clapp,
Buras
Nays : Noac
6 . ~leilV....
Tllerc wen: no scheduled \isilon .
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Ea&lewood City Council
April 21, 1997
Pqe2
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Mayor Bums advised that. later on the Agenda. Council wiU consider a resolution to appl'OYC the outline
of the South Broadway Plan . He pointed out that then: is no ordinanc:e involved then: that addn:sscs any
panicular kind of business. it is just the broad outlines of the plan. He noted that none of the ordinances
that have been before the Planning Commission in the last few weeks will be before Council tonight
7.
(a) SIC\'c Cogswell swcd he was representing OutSource International and that they have
just recendy purchased Stand-By Personnel. He said he belieYes, for the most pan. his company has been
rcceotly updalcd on the proceedings that have been happening between the City of Englewood and Stand-
By Personnel . Mr. Cogswell advised that he is hen:. for the company, to propose what he hopes wiU he a
win-win situation for both panics. Because. he advised. they n:alizc from the actions and proceedings
taken t.bal the City does not want to have temporary help personnel located in the district they would like
to be in. that they work togelher and OYer the next four IMDlbs they wiU relocate out of the City and be
able to have time to do so . Mr. Cogswell noted that they think four months is a fair amount of time and
they have alrady actively SW1Cd looking for a new site and within four months they hope to be n:locared.
Mayor Bums noted that this is a comment period for the visitors. that it is not really a discussion time for
the Council. He advised that they appreciate very much that he came by and he was sure this was
something t.bal can be discussed with the City adminisuation. Mr. Cogswell asked if that is who he goes
to next. Mayor Bums stated that the actual ordinance that was approved by the Planning and Zoning
Commission is quasi-judicial •ith the City Council and Council hasn't gotten it yet and they can't even
din:ctly address it He said they have to wait legally until it comes. but then: is cenainly nothing t.bal
would prevent Mr. Cogswell from talking to staff.
Council Member Clapp thought ma)tlc Mr . Cogswell could lca\-c his information. his phone number and
name, with the City Clerk . Mayor Bums said sure. that he could leave his information with swf. Mr.
Cogswell asked who he should contact. Council Member Vomlittag advised Mr. Cogswell that Director
Simpson was Slallding right then: and he should give him his card.
(b) Terri Olmsted. '701 South Elati Street. advised that she is a homeowner. resident and
wpayer in the City . She said she was hen: to address a situation which occurred last week outside of her
home . Ms . Olmsted Slated that she tried for two weeks to get a porta porty picked up that was left behind
by the construction company performing the gas line n:pai,s. She said the work was done and the crews
wen: gone . The pona poet)' was noc picked up and on Wcdnc:scby. April 16• it was tipped over in the
night c:iusing all of the human •-astc to spill out into the arect and patter . This human waste ran down
the guncr and puddled up at the corner of Elati and U Dion which. she noted. is the entire length of her
property and. to make matten wonc. it was directly across from Cla)1on elementary so the children had to
walk past. around or through this mess do go 10 school and they had to smell it "htle out at recess . Ms .
Olmsted advised that she phoned Waste Management at 7:30 a.m. Thursday . Apnl 1-ra 10 n:pon the
problem . They thanked her for c:illing 3nd said they would get the poet) picked up and the waste would
be cleaned up . She said she also knows of three other neighbors that c:illcd throughout the day regarding
this problem and that nothing was done Thursday and messages left on lhc&r -enng service wen: never
returned. On Friday morning she said she 3pin contacted Was1c Management . as well as Leigh AM a1
the City Manager's office. to n:pon this problem and she notified Depuly Ci~ Man:i1er Chris Olson who
contacted Waste Management. Ms . Olmsted Slated that boch of them pa.vantecd her that the problem
•'OU.Id be taken c:in: of immediately Fricby . She noted that as of the noon hour. "hen her roommate
Earl yne Wintcn C3me home for lunch . the mess was still lhcn:. She said she 3pin contacted Leigh Ann.
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Ea&lewood City C1N1acil
April 21, 1997
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who contacted Chris. who giwantecd her that il would be gone before lhc: weekend. When E:u:lyne
arrived home at 4 :00 lhc:re was slill no cleanup and she commented thal they could imagine ::be smell wilh
such warm weather. She DOied sbe left a message for Leigh Ann al 4 :30 , bul she had~ gone home.
Sue returned her call, bul she had left her office to get home and wort oo this. Also, she ~ised. during
lhe day she made phone calls to Waste Management who gave her lhc: nm around on lhc: first .:all and
they promised to have it cleaned up by lhe end of the day on lhc: second call. She said during the third.
and last call, she asked to speak to lhe manager who. she was told, was Chris and she was pw lhrough to
bis voice mail. She called back to customer assistance and they had lo act as a messenger t,c:-;.·ecn her and
Chris as he would not come to the phone, bul could be heard in the background laughing as :>e promised
clean up. Leigh Ann. she said. had given her an after hows number to call if she needed to ~et hold of
Code Enforc:cmenL She DOied Eartrne called this number at S:30 and got hold of a very llKi= .:,per.nor
number S 12 who informed her this was the police depanmenl and she did not know if she cculd get bold
of anyone. Ms. Olmsaed advised lhat she promptly drove down to lhc: police sration and dem311ded 10
speak wilh so-.e and they sent out Sergeanl Silby to speak wilh her. lhal he took down scme
information and said he would look into iL Shortly after she arrived home. she said. Scon T~ompson
showed up and reviewed lhe sihlalion agreeing lhal il was heallh huard and a mess. He c:w ::i the tire
depar1menl, who agreed to come flush the gutter. They then called him back and informed them il was
be:lllh hazard and couldn ·t be flushed down lhe srorm drains. He also indicalcd thal Waste ~unagement
bad spoken wilh Battalion Chief Kzaig Stovall and said lhc: IIICS$ would be clc:Ulcd up, guar:u11eed.. ~
10:00 p.m. Friday night. bul the pona pony could not be pidlcd up until Monday. He said ii il •u not
done by 10 :00 to call Kraig and be would have Hazmat do the clean-up and back bill Waste ~tanagemenL
At about 9 :30 a truck backed up 10 lhe pona pony wilh il's tailpae down. hit lhe pona ~. i.nocking it
into lhe truck. pushed it in and sped off leaving all lhe -behiDd.. cleaning nothing up. 5.irurday
morning. day lhrcc. she said she called lhe tire depanmml. lhal Scovall was offblat [hey sai.:i :h~ had
dm'CII by and Dllliccd the clean up bad not taken pl:ia: ud Mft uyiq IO CXllltacl Waste M::.::ag:menl but
[hey really didn't lhink anylhing would happen awa lhe MlalClld. Wbal llkcd if [hey wer: 101.Dg 10 send
Haznw lo pafonn lhe clean up, she was lOld that. CYCD dloa&b ii was COlllidercd a huard t!w they
couldn ·t ftush down lhe stonn drain. they dido 'l consider i.-an walle ill her pncr a he:ilci :.u.ard.
lbe!dore lhcy wercn 't going to c:ill Haznw. Ms . OIIIIIICd IIMed Ille apin pbaaed lhe after !loun number
ud asked to ~-e Scott Thompson paged and was infonmd dial be -DOI oe dur)• and lh::, .,.ould not
pqc him widlout permission from lhe sergeant on duty . At lhis point.. she adviled. she bcclmc re:illy
an~ about what sh: bad to put up ";lh. She said she ~ dlan lhal Scon -IO call her .a..=j :f DOI she
,.-as going to lake :iction into her °"n hands including calling and filing a formal complamt ·41!h the State
Hc::ilth olficia1s against Ww Management as -11 as lhe City o(Eqlewood for DOI taking ::ire of lhas .
She said they called George Johnson wilh Waste Mamp:mcnt and spoke wilh his wife. M.s Olmsted
admed that George is not C\'ell l'CS!)ODSiblc for that dcputmcnt. bul bad been dropped on it .J D Fn~-
rught. His wife told them 1h11 he "'OUid lalk to the proper people . In lhe meantime. she sai.i. the police
dispatehcd a scrge:int to spe:ik "1tll her. He made some phone calls after reviewing her mi.:=uon and
also a made a personal vi11l to lhe Waste Management office 10 ensure that lhc: clean up "cwd w.c place .
Fin:illy. at about noon on Saturda~·-three days lalCr. one guy , lhis crew lhey had IO build to g:-.hc~. showed
up 10 cle:in up 1hc mess. Ms . Olmsted said her question 10 the City Council of Englewood :~. -.. hy lhis -
allowed to drag on for thRIC days. She asked if !hey would like human waste running lhrouµ the:r
gutters only IS feet from their front door and have to smell it. She asked if [hey would like :he:r kids or
grand kids to have to walk through !his type of mess and put up willl the odor while at rec~;. She
quesuoncd why Code Enforcement. who "-as originally suppose to be on her side. doesn ·l :Co" now if
!liere :irc any cilations 10 be issued or iflhey "ill even file a citation against Waste Manag::ne:ll. ~Is .
Olmsted poinled out that !hey :irc sun: johnny on the spot if a weed grows over six inches wJ or if you
don ·1 have a lraSh c:in !liat is just perfectly righl with a lid on it. bill somctlling like human ·Aaste in the
gutter goes unnoticed. Ms. Olmsted swed tllat she believes this to be a serious situation ar.: that she also
beliC\·es the chances of this happening again would be great. She said she is here tonigtn ;i urrumg lhis
issue and tllat she will continue 10 punuc: it "ilh !he City of Englewood. Waste Managcm:~.L the Tn-
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April 21, 1997
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County Health Department. and the Stale Health DepanmenL She advised she is preparing flyen to
notify the citizens of Englewood that this type of a problem can happen and go unnoticed. She asked what
the City will do . Ms. Olmsted advised that sbc woold leave a copy of her letter with the City Clerlt so that
it can be~ and answers given to her.
Mayor Bums thanked Ms. Olmsled for coming tonight and said be felt that they, as a COUDCil, will insist
this be looked into and they will get a repon on il
8. c--•indou, Proc:l1•1doa1 ud Appoilltmellts
(a) COUNCU. MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO
ACCEPT WlTII REGRET LINDA Jl'UDGE'S LETTER OF RESIGNATION FROM THE CLEAN,
GREEN AND PROUD COMMISSION.
Ayes : Council Members Vonnittag, Wiggins. Habenicht, Waggoner, Clapp.
Bums
Nays: None
Motion carried.
Mayor Bums commented that Ms . Fudge was representing Swedish Hospital and it appears she is looking
for a rcplacemenL He noted that the she was very complimentary to the Clean. Green and Proud
Commission in her resignation letter . Mayor Bums swed they appreciated her service.
9. Public Burin&
(a) COUNCll. MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBUC BEARING TO GATHER CITIZEN INPUT ON PAVING DISTRICT NO. JI.
Ayes: Council Members Vonnittag, Wiggins, Habenicht, Waggoner. Clapp,
Bums
Nays : None
Motion curied and the public bcariag opened.
All lCStimoay -P'Cft under oath .
Director ESICrty presented ProoC of Public:won of Notice of Public Hearing which WIS published on March
27 . 1997. April 3. 1997 and April 10. 1997 in the Eaglewood Herald. He said they c:m look at the
schedule to give them an idea of when: we an: now and when: we ~ headed. Mr. Esacrty advised that on
March I.,. Council considered the resolut ion of the intent to form Paving Distria No . 38 and publication
of torught · s public bearing has led us up to tonight, April 21 •. The ne.u action on this maner . if we stick
10 the schedule. would be May s•. with the introduction of a bill for an ordinance cre:mng the district . lf
C\'~1hing goes on schedule it wouldn 't be unul April 20 . 1998 that we will be swting the consuuction
on this project . Construction will be completed about five months later and the first payment for this work
"111 be due January I, 2000 . Director Eslerly stated that since about 19S6 the City has been imprm'1Dg the
streets 10 meet minimum City SWldards through paving improvement distrias. We have completed
approximately 99 miles or streets during that time period. He referred a-eryone to the map that is
associated to the attachment that goes with this C\-ening's package . Mr. Esterly said there is a map that
describes the :ire:i of this district and. largely. the areas that an: not marked for tlus distria "'Cl'C
accomplished in pm'ious distrias. He advised that the cost of these improvanenu ;i,e borne ~ boch the
adjacem propeny owners through special :wessmenu and the City through moneys that an: budgeted 10
the PIF (Public lmprovernem Fund). The streets that are proposed for inclusion in Paving Distna No. 38
are strccts that have noc been previously constructed to minimum City standards :ind from testing resullS
they reqwre tol&I reconsuuaion. Apin. be noccd. Paving District No . 38 is scheduled for consuuction
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Eackwood City Council
April 21, 1997
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during the summer and fall of 1998 . Funding. for the City's ponion of the project. in lhe amount of
$520,000 is budgetcc in lhe 1997, and inlended to be budgeted in the 1998. PIF. The 1olal cost oflhe
project will be $1,470,000. He said be would be glad to answer any questions.
Council Member Habenicht asked if any property bas been. or will be, exempt from being in a paving
district. Din:ctor Esterly said yes. lhat overall !here an: properties lhat did have road consuuction, that
was to City staDdards. either because of subdivisions lhal developed within the City, and lhe City
mndanls wen: imposed oa that consuuction, or Sb'eelS lhal were anne.,ed and brought into lhe City, but
upon investigation were found to have been colllUUCled to Slalldards that meet or exceed lhe City
SlaDdards. So, be stated. there is no SlRCt lhal is not COIISlJUCICd to City standards wbea we are all done
here, but !here an: streets lhat have not done Ibis through lhe assessment process.
Council Member Habenicht asked. after a SU'eel bas been coDSlnlded to City standards, will it or can it or
would it be in another paving district ever. Direc:tor Esterly explained that lhe commitment that the City
has made throughout e:ich one of lhe districts up until today. and over the last .W years. has been that,
once one of these has been CODSUUCICd to City standards. !hen lhe City would assume all maintenance for
lhat street
Mayor Bums questioned wbclher some of this has evolved around the Windermere Street improvement.
down in lhat area. where this will son ofbe combined and completed in the same area as the Windermere
Street improvement Din:ctor Esterly advised llW. actually, a lot of tbis dove tails in with the work that is
under consuuction by lhe State right now . Of cowse. he noted. our strategy has been. if left in an
uncompleted state. l\·e would ha\'e better odds that lhe Slate highway depanment. lhe Department of
Transponation, would pick up a larger share and that burden wouldn '1 fall on the propeny O\\ners for
assessment. He said it looks like lhat was a pretty good strategy, that along with doing lhe work they are
doing on Windermere. Ibey are going a little bit further back onto lhe side streets than they had told us
Ibey would originally. just to make things tie in. That will be a benefit to lhe property owners in the area,
it will reduce their assessments.
Council Member Vorminag asked bow much those residents will be sa,ing. \'ersus if we had done it on
our own clown lhe road or prior to when lhe Slate was going to do that. Director Esterly explained that
this is IIOl assessing for lhe actual improvements on Windermere. that was done under a different p&\ing
district. But. he said. for lhe side streets lhat connect into Windermere. !here will be a savings. He Staled
that he didn 't belie\·e we bad quantified what that savings would be but that they could get that
information for him if he wanted iL Council Member Vonnitlag quesuoned whether it would be a decent
&IDOWl; of savings or parual. Mr. Esterly said it would be pretly minimal .
Council Member Vorminag noted we had nine different locations here . He asked iflhey are all going to
be done at lhe same ume or after one is done will another one stan. Director Esterly advised that they will
all be done by the same constnlClion contractor and Ibey will le:i\'e up to him how he will acruall)I phase
in lhe work . He said it 1s quite probable be would do all ol'his demolition throughout all of the aras at
one time. depending upon how big a job that is at each location. Then a different crew would be coming
in and doing a base preparation of lhe paving. It is quite likely. he noted. that a complete!~· diff'erent
subcontraetor would be doing the concrete work. Director Esterly Staled t11:11 lhe n:al answer 10 hi5
question is lliat that 1s not somelhing we control in lhe contract documents and it will be a sequencing
problem the contraetor \\ill work out. Council Member Vonnittag commented 1ha1 more than likely it
probably should be done preuy much at lhe same tiane . Director ES1erly responded maybe .
Council Member Waggoner asked if the people in !he district will be \'oting on the sale of bonds. Director
Esterly said yes. lhat w11l be commg forward as a separate item later. He e.,plaaned 1ha1 this 1s the distnct
formation :ind when \\C get 10 the financing ponion of it Ibey will be coming back 10 Council looking at
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Eaclewood City Council
April 21, 1997
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creating a bond agency to carry lhat boad forward, a special dislrict. Those eligible to 'YOCe in the :leaion
would only be property owners who arc rqistercd vocers in the City of Englewood. Mr. WaggcDC"
questioned what we will do iftbosc happen to fail. Mr. Eslcrly advised lbaa if thole happen to ::Iii :he
district can continue to go ahead. The City can then eidler 1alk about wbabcr Ill" IIOl they 11-am ID pn,vide
the ten year financing wilh City funds. which we have done oa SCNDC small projccu in the past. ;:,r :he
money would be due and payable when the aaessments came out in the year 2000 and it "-ould be :ip 10
the individuals to arrange their 0\\11 linucillg if they wanted to finance it over a longer period. C.:cncil
Member Waggoner pointed out lhat the real point here is that the project is going ahead regardless. that it
depends on wbelher the property owner wan&s to spread ii out over a ten year period as to wbelbe:-the
boads pass. Mr. Eslcrty said lhat is comct. lhat it provides a comenienl funding mechanism.
Mayor Bums asked if those voters arc the ones immcdialely aft'eded by the project or all prope~-.,,. 11ers.
Dila:tor Eslcrty advised it is only those property owners wbo arc affected by the project and ~ to
vote in the City, SO dlere could be property owners OUI !here Iha! don't have a right 10 VOie OD this.
Hopefully, !here is a1 least one person to vote on it
Council Member Habenicht CIOIIIIIICDted that she was just looking at the proposed schedule and ;:..: just
saw the dale of January I, 2000 when the lien payment is due. glaring al her. She asked if they =wd
change when the lien payment is due IO January 2"". She said she would bate 10 think 10 SWt a -..nole
lhousand years wilh a payment due. if we could just change Iha! to the 2"" ii might be nicer. Du=or
Esterly said that doing Ibis lhrough the County be wasn't sure if there is a requirement that those ;:ares be
in lhc:n:, actually. Sometime before lhat we would be requesting that the County government do the actual
assessmeolS.
Mayor Bums asked why the Housing Alllbority is on the front of the Oyer. Director Esterly sw= :hat
quite frequently we will have folks who will claim that they arc not financially capable of makin! :bar
paymenlS and particular folks who would like lo defer their payments until such time as the pre~·
transferred and we have allowed lhal. He explained lhat the folks over in Housing are familiar -..:t!J
operating and managing programs like that and they manage Iha! program for us and ~-make ~
determination that. in fact. an indh idual requesting that entitlement is eligible for that entitle:nc::1. It bas
something to do with a lot mother cin:wnstances also . so they arc equipped to deal with lhat rai= tball
the engineers learning to do that too .
Council Member Habenicht asked how many more paving districts be thought we would ha,·e based on
eJusting pa,-emen1. Director Esterly advised lhat they ha,-e identified a paving district program :;:r ~ car
eight. nine. ten and el~·en. going beyond this one . So. he said. it looks like we have at le:ist four ::,ore
years and those arc subjc:ct to reconstitution . We might reanange those because of cash flo". •e ::ught
spre:id !hose out differently. but our tentative plan is that there would be four more disuiclS foilo-:.:!!g this
district and then we would ha,·e c°'·ered the entire City .
Council Member Habenicht noted that these have not been consecutive years. that these just baJ:;cl to be
a pavmg distnct year. like some ie:irs we haven 't bad 3 paving district . Director Esterly said tlw :s
corn:ct. lhat "e haven 't bad one chis yc:ir. this paving district we are preparing is for next ~e:ir :=~
commented that be bas :i memo that Manager Kahm prepared April 2"" of last year. that talks :ICC ·.:i bow
we have reconstituted what we have always called the ten year plan. However, we ha,·e incorpor-...:.ed into
a plan that is some period longer. He C.'qllained th3t ;is we Ff into the laler stages of the plan. • ., e
frequently gc1 into projects that require :i signafican1 :unount of right of way acquisition and so l!:c :iollar
values arc staning to get to be sisnificanl in size . He said Council will be weigbin& whether or :..:< that is
a n::ison:ible in,·estment of our money to be putung those streets in . We may decide tbat paru=
loc:itions might want to be put off for some period of umc and ~-be: residents or~ O\\r.e~ :m~·
come forward to Council and dis..ilSS the f:act that ma~ be we could do thas a1 :i later d:11e . \\ e =.:.:, :ind
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Englewood City Council
April 21, 1997
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that some of these an: just unnecessary to do, but we will be looking at those in the future . Director
Eslcrly reiterated that we have done the easy ones up to now and the more difficult and controversial ones
arc going to be coming in the future.
Mayor Burns asked if there were any other questions or comments from Council for Director ES1Crly .
1bcrc were none.
Bany Shields, 4916 South Fox Street. advised that he put owner of Angle Tree Company and they have
some property at .USO South Windermere. He Slated that the oonh borderline there is the strcct of
Radcliff between Windcnncre and Navajo. Part of their prupcny on the west side is Windcrmcrc Street
so, he said, the frontage they arc conccmcd about is approximately 8SS feet . Mr. Shields stated that he
read the literature that was put out and he wasn't too sure about one thing. It said it may be advantageous
to get your own contractor, that it would be cheaper than having the City do it. He noced he would kind of
like to know about that. as he thought that usually the cities try to get the cheapest price possible. So, be
said. he would like a little explanation on that pan of it. Manager Kahm answered that in this particular
instance, often times a private propcny owner can hire a private contractor and can save over the district
prices. In the paving district. he explained. we an: putting out a competitive bid for a large project. large
contractors an: ncccssary because ii is necessary that they bond the project and a lot of times the
contractors have to pay union scale. Frequently, he advised. if an owner has cash to work with they can
save substantially, maybe 20-le on concrete installation. He pointed out that the downside is you have to
pay cash when they arc done with the project. Mr. Shidds noted tlicrc was no benefit about mo\ing it out
over a time frame. He said the reason that bothers them is because ti1eir assessment is about SiS.000. He
commented that he is sure Council has to budget just like they budget. This year. he noted. has already
been budgeted for. that he has no control over that. So that basically gives him two years. all of 98 and 99
to really prepare for S7S,OOO . He noted he happens 10 be in the tree business. not the computer business
and they don't have a profit margin like that. He said he docs not know how many people can budget for
S7S.OOO in a two year thing. He opined it is really pulling a hardship on some of the people. Mr. Shields
statcd that they have owned that property since 1986, that they had 10 give up propcny when they put
Navajo through and they had 10 dedicare that land back to the City for their improvements. So. he said.
the)• have already given up half an acre of their land to the City, that they ha\-e paid taxes since 1986 and
they have never received anything per sc from the City except they pay the bills. They have DC\'er had any
assistance. other than the)· have paid taxes all these years and this is hitting them pretty hard. He
commented that he can appreciate what Rick K.1hm said about saving 20-1-. but he can't budget in a two
year period to do that. Hopefully, he DOied. the bonds will pass . The other thing, he said. that he is 5W'C
the C:ty is hit with. just like they arc hit with at times. is that the City made them put an gas tanks in
1986. They had gas tanks there and they had lo pul more gas tanks in for their service trueks. They
rcqUCSled that the tanks be put in above ground and. he noted. the City would not let them do thaL ~-
had to put them in below ground. Now. he said. they have to update those tanks. Those tanks have to be
updated ne xt year. so the State of Colorado knows that it is going 10 be around SI S.000 10 upgr:ide tanks.
He :idvisrd th311he State ofColor:ldo has gi\-en them four yc:irs 10 budge1 in llus SIS.000. which they
have to pay for and they have 10 think tbat is fairly re:ison:ible . Mr. Shields stated the City is requcsung
that they budget $75 ,000 10 two ycan. Mayor Burns commented that it is his understanding that if the
bond passes it is a ten year pay off' for him. Manager K.111m said 1h31 is correct . Mayor Burns said he
lbough1 lhc underground storage tank program is State. that "-e don ·1 have anything 10 do with that .
Man:iger K.li1 m concurred that it is IIOI in our jurisdiction . Mayor Burns asked if there is any relief other
than the bond . that someone who has a lot of frontage like this can use. like the deferr:ils or the other
things "c tal ked ;about or do they have 10 be in an indh·idual hardship situation . Manager Kahm achiscd
that it woul d have 10 be an individual hardship case . Council Member Vormntag asked when 1s the latest
he can do lh1s concrete work . if it has 10 be done by the January I. 2000 date. Manager K.1hm st;ited that
if the concrete as done pnvately, it will have 10 be constructed in the spring of 19911 . Mr . Vormma g
commcm :d tl aat he c:1nno1 even SU'Ctch that out 10 1999 . Manager Kahm IIOled that actually II should be
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Englewood City Council
April 21, 1997
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completed by May 1, 1998, becluse it needs to be complete before our district contractor comes in to do
the paving wort. Council Member Vonniuag said that is .so it c:in be included in the price of the bid.
Manager Kahm SWCd that is correct. Mr. Vonniuag advised Mr. Shields he even bas less time then. Mr.
Shields said yes and reiterated that four ye:ir ago he knew he had to come up with the money to updale
those tanks and they have to be updated next ye:ir, he bas no choice. Mayor Bums asked Mr. Shields if be
was compensated for the propeny he said he gave to the City . Mr. Shield said he was . He noted they
have kind of a long skinny propeny. but the whole Radcliff is in that district and pan of Windermere. He
commented tbal they made a district for homeowners and be is pan of that district too. He said~-pay
into a fund and be didn ·1 know if companies can be alforded that luxury of paying like homeowners. over
a certain period or time for improvemenu on that kind or a deal . Mayor Bums asked if he was talking
about the Conc:ffle Utility Program. Mr. Shield said be was. that he is going to be in that program 100,
with his house which is on Fox Street Council Member Vonniuag asked if it is correct that once the
concrete is built then he can possibly join that. Mayor Bums asked stalf if the Concrete Utility bas ever
addressed commercial. Manager Kahm advised that the Concrete Utility addresses all the concrete in the
City. Council Member Habenicht questioned. in a situation like this where someone has a huge
percentage of a whole district and the VOie would not be passed for the bond. if it would it be possible to
extr.1ct a smaller ponion 10 have their own dislrict to bond. City Attorney Brotzman advised that what we
have done in the past. when the bonds haven 't passed. is illSIC:ld of extracting a smaller ponion. we have
done the financing on smaller disllicts than this one. He pointed out that this is a rather large district to
provide our own intemal linanc:ing. Ms . Habenicht DOied that that really puts the squeeze on the rest of
the citizens, it is better 10 be a bond. Mr. Shield said that their front faces the railroad tracks. He llOled it
is very , very rare that anybody C\'CI' walks down that street. as it is an industrial area ne."t to the railroad
tracks. He said he knows there are other areas in Englewood. such as going down Plane River Dri\'e,
where they could use more sidewalks where people go more . There is a IOl more truck traffic . He swed
there is hardly anybody down tbeir stJeet as they cut oft'Tufts and Quincy. there is only a few of them
right along the railroad tracks right there. Plus. he said. they park on that side of the street right now and
they want to cut off the parking OD that side. Which means they will have to move more room out 10 have
the employees park on the inside . Mr. Shields advised that he talked to Rick K.1hm c:irlier about this and
he said that the street isn't wide enough or something that they can do tbal OD Windenncrc. He asked Mr .
Kalun how wide that "ill be. Manager Kalun advised that Windermere is going to be consuucted at 30
foot of paving and \\'C are only constructing cwt, and guner OD the west side because that is adjacent to the
railroad and there is no business use OD that side. They are proposing cwt,. guner and sidc\\'alk adjacent
to the businesses. that's been our srandard to provide for pcdeslnan access . Council Member Habenicht
asked if this is the section that at one point the City was going 10 requcs1 wider right of way and the
propeny owncn c:unc fof\\11rd and asked if we wouldn 't so that the strec:t would be narrower rather than
wider. Manager Kallm swcd that OD Windermere from Quincy to Tufts. a few years ago. there was a
business at Quincy and Windermere that wanted to expand. For them to do that ~· could not afford to
give up additional right of "'3Y and so the City Council . at that time. agreed to the 30 f001 \\ide SIICCI .
Which allowed that business 10 stay there and all the businesses. including Angle Tree. were contacted at
that time and agreed ll13t the: narrower street would ser\'e their purpose . Council Member Vorrniiug
asked City Clerk Ellis if he: would be able to VOlC on this as he li\·es in the City. Ms . Ellis said if he owns
the property and he is J registered elector. She advised 11131 \\C: are still discussing the criteria for that.
The way we did the pmious one was that llicy had to be a property owner that was registered 10 ,·otc. but
that she beli~'ed it was not just in the City, that they had to be registered to vote in the State of Colorado.
She said she would have 10 check on that. Council Member Vonnittag commented that if he gets to vocc
on it that would help .
John Cox. owner of some: of the property on RadclilY. said he would like some cl:irific:uion on " hcther or
not he c:in vocc . He stated he docsn ·1 live in Englewood. 11131 he: is registered to vOlc in Colorado and he
docs own the property . Ci~· Clerk Ellis said she would take his number and gi\'C tum a c:all on this. She
st.:ited she believes 1)131 is lhc w.iy we handled the 1351 one. if 1~ \\'C:re property owncn and registered 10
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Eapewood City Coundl
April 21, 1997 .• ,
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vote in Colorado they caulcl vote. Mayor Bur1IS swed be just asked City AUomey Brotzmaa and be said
lhal is the way we did the last one. If they weR property owners and n:gislcred in the Stare of Colorado.
So. be said. under tbll c:ritaia Mr. Cox wouJd be able to vote. Mr. Cox asked if be would be nocificd of
wbeD dlil is. Mr. Cox -amnd by Mayol' Burm ud City Aaomcy Brvu-Iba be would be.
Counc:il Member Vormiaag asked if lhc calendar addrales wbeD it wouJd ID to the vote. Manager Kalua
advised the election will be ill NcMmba' ud they will be bringing dlil back to Council in July on the
November ballot. Council Member Habenicht collUllellled lhal if there is a vote oa a bond issue and it
goes OD the ballot. that the City Council. acmnling IO election laws ud all o{ WI, can't do anydiing to
bclp sway that vote one way or lhc other. But. she asked, if she Ulldentood it ript. lhal possibly these
individuals if they wanted to could do a campaign within tbeir clislric:t. City Aaomcy Brotzman said
absolutely, for the sale ofboads. Council Member Habeaicbt said altbougb lhc Council aJU1dn't. City
Attorney Brotzman swed that Council is ldllllly limited by the Fair Campaign PrKlica Act u to bow
much they can do and bow much Ibey can spend. But. be DOied, the ftnaDce bendlts all at the property
owners. so they should be Sleppiag forward and acaual1y be out coaviacinl tbeir acigbbors to take this
issue up and get the bond issue passed. Then. Council Manber Habenicbl said. they a,uid aaually get a
list of all of the property owners that would be voting. Ibey caulcl do up lheir own flyer and pay for it ud
distnl>Ule it and they wouldn't be doing anylhing wn,ng. City Aaoracy Brotzman qn:cd that they
wouldn't be doing anything wrong. Ms. Habenic:bl said Ibey would haw to rqister as a political thing.
Mr. Brotzman stated lhal is comet.
There being no further questions and. as there -no one eJse present IO speak to the issue, Mayor Burns
asked for a motion to cloe the public bearing.
COUNCB. MEMBER VORMITl'AG MOVED. AND IT WAS SECONDED. TO CLOSE TIIE
PUBUC BEARING TO GATHER CITIZEN INPUT ON PAVING DISTRICT NO. JI.
Ayes : Council MemlJcR Vormiaag. Wiggins. Habenicht. Waggoner, Clapp,
Burns
Nays : None
Motion carried and the public bearing closed.
10 . c-Apda
COUNCB. MEMBER CLAPP REMOVED AGENDA ITEM 11 (a) (IY) FROM THE CONSENT
AGENDA.
COUNCB. MEMBER WAGGONER REMOVED AGENDA ITEM 10 (a) (Yi) FROM THE
CONSENT AGENDA.
COUNCB. MEMBER VORMITTAG MOVED. AND rr WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (0. (II), (Iii) ud (v) ON PIRST READING.
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . JO • INTilODUCED BY COUNCll. MEMBER
VORMITIAG
A BILL FOR AN ORDINANCE ENACTING A NEW TJTI.E 5. CHAP1El 21. OF 1lfE ENGLEWOOD
MUNICIPAL CODE 1985, ENTITLED BODY PIERCING ESTABLISHMENTS AND AMENDING
Tll1.E 7. CHAPreR 6E, WITH lllE ADDmON OF A NEW SECTION 6. ENTITLED BODY
PIERCING .
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Englewood City c-il
April 21, 1997
Pase 10
(ii) COUNCIL BILL NO. 31, Il'mlODUCED BY COUNCll. MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AMENDING nn.E S. CHAPTER 12. SECTION 6. ENGLEWOOD
MUNICIPAL CODE 1915, BY REPEALING SECTION 6 AND REENACTING A NEW CHAPTER 25,
OF nn.E S, 1lfE ENGLEWOOD MUNICIPAL CODE 198S ENTITLED SECONDHAND DEALERS.
(iii) COUNCIL BILL NO . 32. Il'mlODUCED BY COUNCll. MEMBER
VORMllTAG
A BILL FOR AN ORDINANCE AtmlORIZING AN INTER.GOVERNMENT AL AGREEMENT
BETWEEN 1lfE CITY OF 11fORNI'ON, COLORADO, AND 1lfE CITY OF ENGLEWOOD,
COLORADO FOR AN EXCHANGE OF TIIE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES
TO TIIE CITY OF nfORNTON IN RETIJllN FOR SAND/SALT. HOT MIXED ASPHALT, OR
CRUSHED AGGREGATE MATERIALS .
(v) COUNCn. BILL NO . 26, INTRODUCED BY COUNCll. MEMBER
VORMITIAG
A BILL FOR AN ORDINANCE APPROVING AN INTER.GOVERNMENT AL CON'JRACT BETWEEN
1llE ST ATE OF COLORADO FOR TIIE USE AND BENEFIT OF l1fE COLORADO DEPAR1MENT
OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY (COOT OTS) TO RECEIVE
OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT FUNDING
FROM APRD... 1997 TIIROUGH JUNE. 1998, FOR 1lfE PROMOTION OF SEATBELT AND CHD..I>
SAFETY SEAT USE IN COLORADO AND TIIE ENFORCEMENT OF LAW IN 1lfE CITY OF
ENGLEWOOD, COLORADO.
Vote,-IU:
Motion carried.
Ayes : Counc:iJ Mcmbcn Vwmiaq. Wiggins. Habenicbl. Waggoner, Clapp,
Bums
Nays : None
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(iv) Mayor Bums noted 11111 lhis Agenda item is a recommendation from the
Department of Public Works to adopt a bill for an ordinance as amended appl'Oling a Concrete Utility .
Council Member Clapp swed that her concern with this puticular item is that she still has some
reservations in the back of her mind. although she knows we need something of !his type for our City .
She said she would like to propose that perhaps they put a clausc within the ordinance itself that would
allow us to review it witbin say another 2-' months . To look at the financial suuation of the City and
perhaps consider taking on additional financial burden .
Mayor Bums said he tbougbt 11111 could be clone anyway, 11111 you wouldn 't ha,·e to have a clause. City
Attorney Brauman explained 11111 if )"OU have a cllwle it will come back 10 ~ou ablol111ely or we can
simply say Slaff will brin& it back to you at that time . He said he would be your comfort level on lhll.
Council Member Clapp Staled she would like it written in the ordinance. for miew.
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Englewood City Council
April 21, 1997
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Council Member Vonnittag said then that would be if it didn't pass with the bonds. bec:ause if the bonds
pass wc wowdn't need to wony about it City Anomey Brotzman IIOlCd this is Concl'Clc Utility. Mayor
Bums stated this is the Concrete Utility and it is a different subject.
Council Member Wiggins said he remembered at the hearing that both Director Esterly and Manager
KaJun stated that if they felt they did DOI have enough funds in the pol to use the utility that they ~
come back to Council requesting an inacasc. Mayor Bums acknowledged that was uuc, but that they
could have a clause that mandated it anyway .
Council Member Clapp pointed out that this would not be for an increase, this would be to take a look in
24 monlhs to sec ifwc could, as a City, take on more of the financial burden. Not to increase it. but to try
to dccrcasc it.
Council Member Habenicht stated she would support that. as she doesn't think it does anything cxccp(
help make sure they arc accountable to it Also. she noted. it recognizes the fact that the people in the
public hc:lring wcrcn 't unanimous on this issue and reflect some of the concern and to look at it again and
some of the things that people were talking about She said they arc thinking that perhaps when the City
is in a better financial position that maybe it wouldn't be occcssary for them 10 contribute so much . So,
she notcc. ,c would suppon that
Mayor Bums opined it is a good thing to support. as that was a concern e.'{J)rcssed by several of the people
about that at the time. Some thought the City wasn't requiring enough and some thought it was too much.
He said he had no objection . He questioned whether they can just incorporate something like that. City
Attorney Brotzman asked that they do it by motion and he will write the language.
The Ci!)' Clerk read the council bill by title :
COUNCIL BILL NO . 14. INTRODUCED BY COUNCIL MEMBER vo1u.urr AG
A BILL FOR AN ORDINANCE CREATING A CONCRETE UTll.ITY AND CONCRETE UTll.ITY
ENTERPRISE FUND FOR 1llE CITY OF ENGLEWOOD. COLORADO . 1l{E PURPOSE OF nns
ORDINANCE IS TO PROTECT 1liE PUBLIC HEAL Tii. SAFETY AND WELFARE AND TO
COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGULATE 1liE
CONCRETE UTll.ITY BY CREATING IN TITLE 12, A NEW CHAPTERS -CONCRETE UTll.ITY
AND CONCRETE UTILITY ENTERPRISE FUND.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) {iv) -COUNCIL BILL NO. 14 ON FIRST READING.
COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL
BILL NO. 14 TO READ THAT WITHIN A 24 MONTH PERIOD WE WILL RE-EV ALVA TE TO
SEE IF THE CITY CAN TAKE ON ADDmONAL LI.ABILmES.
Council Member Waggoner questioned whether 24 months would give Public Works enough time to
really review it get it staned. gel enough money. and cn1er into projects in order 10 sec what the atreas
will be . He said he seems like it should be a little longer than that. Mayor Bums asked if staff had any
comments on whether that is a rc:ison:ible lime or IIOl. Director Esacrl) noted 1ha1 the longer that period
of umc is the more opponunity ~· have to do it. He said they WCluld ha\'e consuucted one project. under
the program, over the next two ye:irs and they would have the infonnation from that available . Mr.
Esterly stated that their comfon level goes up more and more as they assemble a grc:11cr volume of
statistics. but wc can enhcr do u in 2.i months or 36 months . Council Member Clapp stated that she is
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Eactewood City CIMlncil
April 21, 1997
Pace 12
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thinking that we are on the verge of a few things as far as development and she is hoping that our ta." base
goes up . She opined it may do it that quickly . Council Member Vormiuag commented that be understood
her point Director Eslerly sratcd that the longer they wait.. the mon: information they will have. but they
can easily do it in two years. or aJWSC. he pointed out. in two years they may decide they just want to do
a cursory evaluation and wait another year. Council Member Clapp agreed they could. But.. Mr. Esterly
noted. in two years it brings it to CVCf}i>ody's attention and we are looking at it again. Mayor Bums asked
if CVCl)'OIIC was comfonable with that
Vote raultl OIi die -d-t:
Ayes :
Nays :
Motion carried.
Council Members Vonnittag. Wiggins. Habenicht.. Waggoner. Clapp.
Burns
None
Council Member Habenicht Slated that she has had one other question . Regarding the input from the
public bearing. she said. there seemed to be some concern about whether or nor the opting out option was
n:illy an opting out option. She swcd she would like to have that clarified by the City Attorney for the
n:cord. because lhcrc wen: some people that thought that it n:illy was making it mon: like not an option.
Because if you transferred the propcny you would have to pay all the time back. whctber or not the
propcny cunc up to the SlaDdard. She said they wen: suggesting that that may not be legal and she was
wondering if City Attorney Brotzman could address that. City Attorney Brotzman advised that it is
absolutely legal to do that and practically it makes you make that choice at the beginning. rather than
rolling the dice. seeing when: your concrcu: goes in the future and if it is cheaper to go with a utility . you
simply do that and make your back payments. It is a n:11 practical format of having everyone join the
utility unless you simply want to take care of ~-our concmc:. Council Member Habenicht said the: point
that was made that was diffen:nt from that not that somebody could come in or go out at will. but "-as
when the property actually did change hands and the new property owner. in order to be: in it. would have
that onus . City Attorney Brotzman advised 1ha1 at closings that is going 10 be: an issue: all the lime:.
Depending on whether it is the buyer"s or seller's market that's who is going 10 have to pay to bring
concn:tc up to standard. He opined that mos1 people are going to opt into the concrete: district at the time
the: house is sold. Tilat.. he noted. is going to be an issue: at all those closings. which is who is going to
take care of the concrete: at that lime . Well then. Ms. Habenicht said. her question is it isn't either/or
bringing it up to standard or paying the back payments. that if it is still up to standard they still ha\·e to
pay the back payments. City Attorney Brownan said that if he was the attorney. repn:sc:nling somebody
b~ing the property, he would be taking care of that issue rather than leaving it out then:. He pointed out
that they still have: the option. that you could negotiate to stay out of the concme district at that lime. You
could do that, he: noted. but practically closing agents are going to have that issue: taken care of and you
arc going to bring that back up to speed. Council Member Habenicht advised 1ha1 a couple: of people: have
approached her and said that they felt that really. truly was like: fon:ing them into it now. and that the: opt
our option was not n:illy an opl out opuon . Ci!)• Attorney said what that means is the Concrete Utili~· is a
rc::illy good idea to be: in and you shouldn ·1 opl our. He: stated he: is not saying rh.11 it is not a good idea to
be in the Utility, but it is still an option .
Council Member Vonninag said he could gi\·c: an example of a 480 I South Gram. which is a brand new
home:. they ha\•c: brand new concn:re tlic:rc: and if they didn't want to join. bcc::iusc they only c:.'q)CCI to live
there for two years. that would be a good c:.~mple. TIICn rhc: new homeowner 111.11 comes in and says do I
"ant 10 get this thing c:iught up or rm only going to be hen: live years and the concrete: is all sull brand
new . that's when: be was saying you get inro those lhings right there. Bui the homeowner roday , he
commented. should just join and pay his S25 a yc::11 versus down rhc: road for rhe new homeowner. He
said RIOSI of the concn:te is 20. 30 yc:irs old. bur rhis house: is brand spanking new concrete and they
\\Ould be: rhc: people: who would wanr 10 opr out of it .
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Eapewood City Council
April 21, 1997
Pace 13
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Council Member Habenicht staled that sbe voted against this the first first re:iding, and this is the sec:oad
first reading and she fdt they bad taken a lot of public: c:omment and most of it sccmcd to be more
favor.Ible than not fawr.ible. She opined that with the addition of the n:view in two years she lhnugbt sbe
c:ould vote for it Ms. Habenicht said she knows that there are a lot of people who are still feeling
uncomfortable with it. but that sbe felt that the majority of people who came forward wanted to have it
Mayor Bums asked if there were any Olher c:omments or questions.
Voce re.la oa motion to approve Caucil BiU No. 14 u amaded:
Motion c:arried.
Ayes: Council Members Vonninag, Wiggins. Habenicht. Waggoner, Clapp,
Bums
Nays : None
Mayor Bums noted that the ordinance passes on first reading. that there will be a second reading after the
amendment change also.
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(vi) Mayor Bums noced that this Agenda item is a recommendation from the
Library to adopt a bill for an ordinance approving a c:ontrac:t for a food and beverage service c:an for the
Library.
Council Member Waggoner advised that be just needed some additional clarification as to who is going to
be responsible for damage to pn,peny or books if c:off'ee or drinks are spilled in the Library. Director
Long advised that the c:ontnlCI specifies that the vendor c:onc:essionaire has a sizable Ul5W'IIICe policy to
cover any major damage. He noted that any damage to individual books or items. if they ocx:ur. would
probably be absorbed by the Library. lbe same way they absorb them now if someone lakes them home
and reads them in the bathtub or their dog chews them up. Mr. Long stated they do not foresee that being
a major problem.
As the Council liaison to the Library Board. Cauncil Member Habenicht commented that the Board has
discussed this qui1e a bit. She said she c:an assure Council that the Library Board tnembers probably can:
more about what happens to the books than almost anybody else. Ms. Habenicht noted that she has never
seen a group tha1 gc1s into their thing as much as Library Board people. A lot of it was discussed and a
survey was done of the public and they also did a five year plan of how to improve the Library. how to
bring more people in and how to do better sen,ce. One of the things that kept coming up was that this
was a new and emerging kind of service to provide. Ms . Habenicht stated that it son of puts us on the
cutung edge. but :uso in competition with other groups that are doing this. She said she cannot begin to
tell Council how sincere and conc:emed Librar,• Board tnembers are. lliey have really asked these
questions and put Director Long to the test on 1h1s one and he has really come forward with addressing all
those concerns. Council Member Habenicht ad\1Sed that she believes. having set 1hrough a lot of those
diSCUSSIORS. !hat those c:onccms arc: met.
Director Long commented that one of the hardest sdl jobs they had to do was to the Library staff'. bec::luse
librarians are trained to keep the books away from that type of thing. So now. he noted. they are hanng to
do a dill'erent kind of mind set. He said this is something that )'OU see popping up in other libraries. you
see it popping up in book stores like the Tattered Cover. It is basically an ambiance. a fnendliness type of
issue . So. he advised. that is tJie reason they arc going to try it and they talked to the vendor and said we
will uy this and hope it will work. it may not \\Ork. but we hope it will .
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April 21. "" .....
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c-il Mlllller Varmiaas aud wllae it will F · Diredor Long ldviled that • you walk in the front
dDar ii will llc ld,jlc:alt io the left. Mr. Vormiaq med if thal is wllae the used, for sale. boots are. Mr .
..... .... :,es. dley will sllift dime ll'Cllllld a liUle bit tbal it will be in the ronn of a very Dice looking
lmlda. TIie .--u 11111 will be doing dlis bad the c:oncession at Mt<luiR's for about six mombs.
CouaciJ Member Vonniaag med if they will swt this after the August opening. Director Long said no,
they will So allead ud swt it prior to tbaL He advise that the concasionaire is well vcned on the fact
that -are l(liag to be c'-1 for a IIIOlllh.. so be knows tbal going into it Mr. Vormiaag CIIIIIIIICDted that
it -like IO him I.bat they -.Id waDl to open tbal up with the big grand opening. Mr. Long noted
they may baYC a grand opening and it may be a grand reopening afhis c:onceaion mo. But that be waald
prefer that they wauld ID allead and do it rather than waiting.
CouaciJ Member Habenicbt pointed out that if they do find out that it is really Fin& to be terrible. thal it
is a mess and -can't take cue of it, then it -.Id be better to find that out before the grand reopening
when cwsything is fresh and new apin. Director Long said that is a good point and he advised that tbe
contract does allow for a 30 day cancellatioo on either put
Mayor Bums noted they put this out for bid last year and they didn't get a bid. He asked Mr. Long bow
be happened to book up with MJH. Director Long explained that he was contacled by MJH. that he has a
relative that worts for the City and he had bard about it through this relative and he gave him a call.
Mr. Long said let's talk. they walked through it and he pve him a copy of the request for bid. He went
back and studied it and talked to his insurance agent about it made a couple of minor modifications and
he is real excited. Mr. Long said he calls him about every week wanting to know when they will start
Council Member Vormittag asked ifhe will be bringing in brand new equipment Director Lons
explained that it is basically the same equipment tbal he had u far II lhc c:oft'ee maker and this type or
thing. He advised that it is not going to be piu.a or f"rench fries and they will still have a sip on the door
that you can't brine your own food in. very similar to what theaters do, so that people aren't bringing in
french fries. pizza and that kind of thing.
Council Member Vormittag commented that he is looking forward to lhc opening.
Council Member Waggoner asked City Attorney Brotzman ifhe had looked at the imurance policy he has
and ifbe is satisfied that we are adequalcly covered. Mr. Brotzman stated absolutely, that this actual
concessionaire agreement except for a few minor iuues. is the same CIIIICICSlionaire agreement u the one
at the golf course .
COUNCIL BILL NO . 36 , INTRODUCED BY COUNCIL ME.'1BER WAGGONER
A BILL FOR AN ORDINANCE AIJTHORIZING A CONnACT FOil TifE ENGLEWOOD PUBLIC
LIBRARY FOOD AND BEVERAGE SERVlCE .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGE:'(DA ITEM JO (a) (vi) -COUNCIL BILL NO • .16 ON nRST READING.
Ayes : Council Members Vormi1u1, Wigins. Habenicht , Wagoner, Clapp.
Bums
Na~·s : None
Motion carried .
Dirc:ctor Long thanked Council on behalf of 1hc Lib~·. lhc Library Board and bopellllly the public.
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Eapewood City C1N111cil
April 21, 1997
Pace15
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COUNCD. MEMBER WIGGINS MOVED, AND rr WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (II) (I), (Ii) ud(Ui) ON SECOND READING.
(b) Approval of Ordinances OD Scamd Reading
(i) ORDINANCE NO. 26. SERIES OF 1997 (COUNCll. Bll.L NO. 27,
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE APPROVING SUPPLEMENI' NO. 130 TO TiiE S0U11{GATE SANITATION
DISTRICT CONNECTOR'S AGREEMEl'IT wrrH TiiE CITY OF ENGLEWOOD, COLORADO FOR
nm INCLUSION OF LAND Wl11DN nm DISTRICT BOUNDARIES.
(ii) ORDINANCE NO. 27. SERIES OF 1997 (COUNCll. Bll.L NO . 28,
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE AtmfORIZING AN IJlrlBGOVERNMENT AL AGREEMENT FOR AN
EASEMENl' FOR IMPROVEMENTS ALONG nm S0U11{ PLATTE RIVER CHANNELIZATION
PROJECT BETWEEN 11IE COLORADO WA'IB CONSERVATION BOARD OF 11IE ST ATE OF
COLORADO AND TiiE CITY OF ENGLEWOOD. COLORADO .
(iii) ORDINANCE NO . 28. SERIES OF 1997 (COUNCIL BILL NO . 29.
INTRODUCED EY COUNCll. MEMBER WIGGINS)
AN ORDINANCE ENACTING A NEW TI1l.E S. CHAP1cR 24, OF TiiE ENGLEWOOD MUNICIPAL
CODE 1985 ENTITLED TATIOO ESTABLISHMENTS AND AMENDING Tl11.E 7, CHAP1El 6E,
SECTIONS .
Voce raultl:
Motion c:inied.
Ayes : Council Members Vonnittag, Wiggins. Habenicht. Waggoner. Clapp,
Bums
Nays : None
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COUNCD. MEMBER CLAPP REMOVED AGENDA ITEM 10 (c) (Iii) FROM THE CONSENT
AGENDA.
COUNCD. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (c) (i), (Ii) ud (iw) ON FIRST READING.
(c) Resolutions :and MOlions
(i) RESOLlITION NO . .&I SERIES OF 1997
A RESOLlITION ESTABLISHING FEES FOR TATTOO ESTABLISHMENTS LICENSES UNDER
Tl11.E S. CHAPTER 24 . OF111E ENGLEWOOD MUNICIPAL CODE 191S .
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Enctewood City Council
April 21, 1997
P:age 16
(ii) 1997/1998 OFFICE SUPPLY CONTRACT WI1lf CORPORA'Ic EXPRESS.
(iv) CONTRACT Will{ MACDONALD EQUIPMENT COMPANY IN 1HE
AMOUNT OF $39,077.00 FOR 1HE PURCHASE OF A TRUCK MOUNTED HYDRAULIC LOADER
AND DUMP BODY .
Vote ,-Its:
Motion carried.
Ayes : Council Members Vonniaag. Wiggins, Habenicht, Waggoner, Clapp,
Bums
Nays : None
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(iii) A recommendation from thc Depanmen1 of Public: Works IO approve. by
motion, thc pun:hase ofa Till Cab Truck from Bun Chevrolet in thc amowu ofSJl.739.12 was
considered.
Council Member Clapp said Iha! in going lhrough lhe bids they all looked pretty normal . But. she asked.
wouldn'l thc uuck be a more valuable pun:hase ifwilhin Ille cab iuclfwc ofl'ered air. Dil'CCIOr Eswly
advised Ibey aiuld go back and cvalua&c lhal if ii needs IO be cvalualcd. bul Iha! be was not prepared IO
answer lhal question righl now . Ms. Clapp asked if he knew how much ii would cost. Mr. Esu:rly 5laled
be bad no idc:a al :all . Ms. Clapp commented that she is just curious as ii adds value IO Ille uuck and for
lhc comfort lcvcl having lhal added IO Ibis partic:ular uuc:k . Dil'CdOr Eswly said he docs not have lhal
infomwion available. bUI Iha! he could get lhal information and get ii back IO her. Ms. Clapp staled she
would really like IO sec wbal lhal would a,st, IO sec if we could ofl'cr !hat
Mayor Bums asked wbal thc time faclor is on !his purchase. Dil'CCIOr Esterly advised Iha! we arc a1rady
beyond thc 30 days Iha! was staled in lhc bid. so he would hope Iha! ~· would hold ii for another two
weeks .
Council Member Waggoner asked if they should go ahead and approve ii and jUSI have Dirccaor Esterly
take a look a1 i1 and if be lhinks it is nca:ssary be can jUSI have ii added. Mayor Bums said he lhouglu be
could. be didn ·1 know wh,· not . D1rcaor Esu:rly swcd thal he would C.'<pcc:t the supplier would not object
to us adding a fc:irurc like lha1 10 the vdlicle. Council Member Clapp said yes they would be adding to
and she opined ii would rc:dly be a benefit for !hose employees using the truc:k . She commcnlaf these
summers arc vcr,· hoc and this is a wort uudt oul lhcrc. This. she noted. is 1he firsa one she has ever
lookcd at vc~· closely and she was just kind of miff'cd 1ha1 it wasn ·11herc. Council Member Waggoner
notcd ii is probably going IO depend on how many other uucks he 's got air conditioning in . Dil'CCIOr
Esterly said that tlus one. if it had air conditioning. might be a prime choice. Council Member Clapp said
she would like 10 sec lha1 ~ Mr. Esterly advised that they can visit the enurc issue abou1 ,·chicles
lhat arc or arc not air conditioned in the nec1 . Council Member Clapp stated 1ha1 would be grc:11 .
Mayor Bums said wasn ·1 ii a question whether we could pass it. Council Member Clapp said pass it and
then review air. Council Member Waggoner noted 10 give Director Esterly 1hc authority to l'CVICW air.
Ms . Clapp said yes .
COUNCIL MEMBER CLAPP :\IOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT WITH BURT CHEVROLET IN THE AMOUNT or SJl.739.12 FOR A 1997 TILT
CAB MEDIUM DUTY TRUCK.
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Englewood City Council
April 21, 1997
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Ayes: Council Members Vonnittag, Wiggins, Habenicht, Waggoner, Clapp,
Burns
Nays: None
Motion carried.
11. lleplar Apda
(a) Approval al Ordinances on First Reading
(i) Neigbborbood Development Coordinator Graham presented a recommeadalion
from die Dlpanmeal olNeigbborbood and~ Da<elopment ID adopt a bill for an ordinance
approriq a eemponry moralOl'ium oa permits and liczmcs in specific indusuiaUy zoned an:as. He said
be is ;qw iag lbe tempOnJy monlllrium on permits and liceases for the area identified on lbe
..,..,, ..... ID dais Council Commuaicalioa . He llaled lbe an:a is bounded on the north by Yale, lbe south
by Dann..dl. tbe east by Delaware and the west by Santa Fe Drive . Mr. Graham advised that staff' has
Sllldied die South Broadway area for the lasl year and has identified lbe area shown on the auachmeat as
an area wich some major development implications for South Bl'Olldway and Englewood OYerall. He Sllllal
they ue requesting. with this ordiaanc:e. additional time IO IIUdy chat are;i and bring back ID Council some
=ommendaaioas for rezoning and .ateveiopmenl al that area. Mr. Graham advised that they identified
three Council goals from last year, the community dialogue. quality of life and economic goals. that all
relate to this request. The request specifically is establishing an eight month 1emponuy suspension or
moratorium on issuance of permits and granting of licenses within that area.
The City Clerk was asked 10 re:id Council Bill No . 33 by title:
COUNCll. BILL NO . 33, INTilODUCED BY COUNCll. MEMBER HABENICHT
A BILL FOR AN ORDINANCE ESTABLISHING A 1B,1Jl()RARY SUSPENSION OR MORATORIUM
ON n1E ISSUANCE OF PERMITS AND 1llE GRANTING OF LICENSES FOR nlE PROPERTY
LOCATED BETWEEN YALE ON 11IE NORTII. DELAWARE ON nlE EAST. SANT A FE ON nlE
WEST AND DARThtOUlH ON lliE SOUl1t FOR A PERIOD OF EIGHT MONTHS .
COUNCD. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCll. IILL NO. "·
Council Member Vorrnittag asked if this is l()ing lo interfere with lbe work being done on the Englewood
Depot. as far :is getting permits . He commented that they are working on 1ba1 project OYer there and he
was sure the)• would need 10 get a permit or something. Unless. he said. they work it out where that is ilOl
affected by this panicular council bill . CGuncil Member Waggoner :iskcd if they weren ·1 alre:idy ismed a
pennit on that. Mr . Vonnittag :ach·ised that there might be olhcr work coming along the line . Mayor
Bums said he would lbink funher permits would be required if there was more work done on that sire .
Mr. Graham advised that the intent of this bill is 10 res1rie1 pennits and licenses on industrially zoned
propeny in the area idenufied. He said he believes that was on multi•fanuly zoned properly.
Council Member Vonninag stated he would just like to make ii clc:ir. for the record. that the Depot
project that is going on alre:idy, would not be affected by this .
Mayor Bums noted this is defined by a geographic:11 arc:,. noc by the use . City Anomey Brotzman said
yes. SO they would need 10 :idd 1ndustnal .
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Eactewood City COIIIICil
April 21, 1"7
Pqell
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COUNCU. MEMBER IIAIIENICBT MOVED, AND rr WAS UCONDED, TO AMEND
COUNCU. BILL NO. 33 TO ADD THE WORD INDUSTRIALLY ZONED PROPERTY.
Cowlcil Member Wagoner akcd iftblt would get you where you aeed to be. Couaci1 Member
Vormiaag said yes.
Ayes:
Nays:
Council Members Vormittag, Wlgim. Habenicht, Waggoner. Clapp,
Burns
Noac
VOie raala • die aodoll ID appl'llft Cwil 11111 Na. 33 • •1all1il:
Ayes: CowiciJ Members Vormiaa&, Wigim. Habeaiclll, Wagoaer, Clipp.
Bums
Nays: Noac
(b) Approval of Ordinaaca OIi Second Radillg
Then: wen: ao additional items lllbmined for appnwal on IJeCOlld reading. (See Apnda Item 10 -COIINlll
Agenda.)
(c) Raolutions and Motions
(i) Blllillcss COllllllllllity c-dinllar Sc:ibelli praen&ed a remmmenclllion from
tbe Depu1meal ofNeipborbood 111d Blllillcss De\'elllllme"' to adapl raalulioas appn,viq buli-.
~ UICCllliwl. He IIDfld tbey did dilcull Ibis maaer cluriq die Sludy Salioa 111d Couaci1 m
the raoluliam befiln lbem. Mr. Scibelli advised dial die """'""" .... ~ ia die ,.,. ....
for rua Olla Corponlioa 111d Omai DevelapmcDl dinlcdy ndlec:l die '*'1elnp ...__ policy
rec a mmc • dN¥lm premlled duriaa Ddy seaion toalghl
Mayor Burm IIOICd dial tbey also bid I Study Seaioa OIi Ibis OIi J-, 13*.
(I)
Agreement -considered.
The raolutioa WU usiped I IIIIDllr ud rad by tide:
RES0U1"0N NO. 49, SERJES OF 1997
A RESOLUTION AlTIHORIZINO A."'I INCENTIVE PAYMENT AGREEMENT BETWEEN n1E
FIRST DATA CORPORATION AND 1HE Cl'JY OF ENGLEWOOD POil FIRST DATA'S NEW
BUSINESS FACILl'JY TO BE LOCATED AT 750 WEST HAMPDEN. IN 1HE crrv OF
ENGLEWOOD. COLORADO .
COUNCU. MEMBER VORMrrTAG MOVID, AND rr WAS UCONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) (I) -RESOLUTION NO. 49, SEalD Of 1"7.
CCJIIDCil Mllllber Habeaicbl akcd iltberl is a time lilllil oa Ibis. Mr. Scibelli llaled lbll wllll ii
CGlllliald wilhill lllc acaual ....-m 11 a pnMlioll. for wllll dley CIII a claw blck 111•w. lir 1111 pay
back oldie pnlPDled c:Nalyll. He aaed for City AllOnly BftllZmla's usillaacc ia explaiai• lllil • ..
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Ell&lewood City CouDCil
April 21, 1997
Pap19
did not have the apement in front of him. City Attorney Brotzman said be would look duougb the
apement and poiated out tbal ii always bu lbc tcrminalion provision. Council Member Habenic:hl
asked if this goes with lbc curreat OWDCr oflbc property, tbal it doesn't move with lbc property. Mr.
Scibdli Slated dial -camcL
Couocil Member Wagoner qualioaed wbctbcr lbcre ~ be a lime limit on when be baa to have this
done also. Mr. Scibdli said be bdicved that Ibey included that in lbcre.
Couocil Member Habcnic:bt llaled we are not going to pm this 111d lbcn 20 years from now DOtlling baa
been done 111d Slllllllbocly will pull up lbc agreement and say you cxcmptal m 20 years ago. Mr. Scibelli
said DO, thal -not lbc inteDt. Ml. Habenic:hl llaled she undcnlood thal WIS not lbc intent. but thal she
just WODdered if we were proleClal.
City Attorney Bl'OIZmlll poialed out tbal Ibey ICIUa1ly have ICWl'a1 pn,Yilioas, in puagnpbl fiNlr 111d
me, talking the taxes tbal have to be paid 111d when Ibey have to be paid. City Attorney Bl'Olmllll
advised that paragraph nine talks about whit will blppcn if you f'lil to meet your capital ilMIUllellL
Basic:ally, be DOied, it requires reimbwsemenl to 1bc City .
Mayor Bums asked if lbcre were Ill)' other questions .
Voce raults:
Motion c:uried.
Ayes : Council Members Vormiuag, Wiggins. Habenicht. Wagoaer, Clapp,
Bums
Nays : None
(2) A resolution approving lbc OMNI Inr.zotive Apeemcnl W11
The resolution -laipcd :i number 111d rad by title :
RESOLt.mON NO . 50. SERIES OF 1997
A RESOLt.mON Al11lfORlZING AN INCDmVE PAYMENT AGREEMENT BETWEEN OMNI
DEVELOPMENT CORPORATION AND 11IE CITY OF ENGLEWOOD FOR OMNI DEVELOPMENT
CORPORATION'S NEW BUSINESS FACILITY 10 BE LOCATED AT 750 WEST HAMPDEN, IN
11IE CITY OF ENGLEWOOD. COLOR.ADO .
COUNCU. MEDER VOIIMfff AG MOVED. AND rr WAS SECONDO, TO APPROVE
AGENDA ITEM 11 (c) (I) (2) • U.SOLUTION NO. 51, SElllES OP 1'97.
Motion carried.
Ayes : Council Members Vormial&, Wigi111. Habenicbl.. Wagoacr. Clapp,
Burm
Nays : None
(ii) Ncipborbood Dewlopmelll Coordinator Graham pracmed I recommendation
f'rom lbc Depuunent of Nci1hborbood 111d Blllima DewiopnleDl to adopl I raollllioa approviq the
South Broadway Action Plan ol 1997. He explained lhll.. on the 111111Cr of lbc South Bl'Uldway Action
Plan. Ibey b1\'C ancmpccd 10 summarize whll WIS aiout a 25 .. IC document into lbaul duec pqcs. in
order IO pve Council lbe distilled YfflMIII olwhll lbcy lamed after IIINliq with b!!si HI I ud ......
for the 1111 yar. The idea oltbe concep1 i&. thll I~ are building on lbe Comprcbellsivc PIIII tbal WII
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Ea&tewood City Council
April 21, 1997
P:acelO
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passed in 1979. He said they wanted to point out which pans of those wc are still building on. The
suarqies as praented are a colllinualion of what they pracnted in Study Sessions. twia: previously, to
Council. He pointed OUl that they built on themes ol compatibility. COIIUllWUCllion community pride.
Tbcy haw subscqucndy added lnllSpOrtation. economy and urban dcsip as c::alqOrics. in order to bdp
Counc:il WJdenland wbic:h 11J11ep11 each ol these lbings are serving. He said what tbcy hoped tbcy haw
done is identified ways 10 revitalize South Broadway. Mr. Graham advised that tbcy haw presented this
IO Council in this outline fonn because they tbink this leaws the Oexibility in the plan. He DOied that
many or these ilCIDS will be rmimed to bcllh the Plamling Commission and City Council for f'unbcr
discussion as they go forward with implenmlling them. So. be pointed out. this is only the beginning He
explained that the plan is inrcndcd to be a dlRe to five year work program. Each or the ircms are
prioriliml in the action llble in the blclt. be noted, giving Counc:il some idea or which ones they will be
SW1ing with, which ones will follow and so fonh. He commented that. as with the ten year program
Public Works was presemina mrlier, the dara are somewhat anificial. that tbcy an: not sure tbcy can
rally aa:omplisb this all in five yan. 8111 for purposes of budgeting and priority selling it was llldlal to
coach it in those terms. Mr. Giabam advised that they think this is a balance in prac:tic::il SUlllegy . He
said there will be implementation dfons in the fonn or orclinaDca before Council in two weeks. if tbcy
find this acceplable, and they will be seeing those pretty much continually for the next several yan.
Counc:il Member Vormittag swed be just wanted to cle:ir one thing up, that this is basically giving Slafl'
clireclion by passing this. Mr. Graham responded that that was comet. Mr. Vormittag said it is not doing
lll)'lhins. it is just giving Slafl' dir=ion to IIIO\'C in this way . Mr. Graham answered yes. that if Counc:il
belicws the ilCIIIS liSled represent thc major concerns for revilalizing South Broadway and if Council has
read through the action SICpS. and agrees that those are the aeps Council would rake to revitalize South
Broadway. they would like Council's 111ppOn. Tbcy will then bqin wonting on those lbings. be said, and
they will be assiping Slafl' time and requesting money in the capual improvement projeas. So. be noted,
Council will be seeing them and they will be cross referencing this sa~ing this was one or the ilmlS
praented in the Concepts. SU'alegies and Actions .
Council Member Habenicht said if something comes bd'oR Council and you would say it ftts in with the
South Broadway Action Plan under compalibiliry. uanspona&ion and economy . Bul all al a suddca wc
start IO get some feed back f'l'om the community that this is not somahing thal they Wllll. She wanted to
know if wc will be held hostage by doing this. City Anomcy Brotzman said no. Mr. Graham explained
thal a policy document is intended to make sure that wc :ire on the same pqe, that swr UDdersWldl wllal
Council is uying to accomplish and Council sees the l'Old map Slafl' has laid out as to oow Sid intends to
achieve that. He noted that staff' feels it will help give Council some benchmarks of what they can expect
sulfto accomplish if Council provides the n:sourccs and Slafl'timc.
Council Member ftibcnicht noccd that there were three public hc::lrings 31 the Planning and Zoning level
and there: were: changes addressed :11 e:icb one . She asked Mr. Graham if be thought this was a significant
enough pica: that it should ha, -c :inothcr public hc:uing or if he: thought that just about everything bas
come out. Ms . ftibcnicht st:1ted that if it were an ordinance kind of thing she knows she would ask for a
public hc::lring. but she is not sure that they need 10 this time. Mr . Graham opined that lhcre was adequate
public hc::iring :11 tbe three public hc::lrings before the Planning and Zoning Commissaon . Mayor Bums
said plus any ordinances ha,·e to be noticed wilb public hc::lring. :11 botb the Planning Commission and :11
the Ciry Council. lo implement the pl:in .
Council Member Waggoner :lll.:cd al this in any way e."cludes the Downtown Development Authority
DiStnct. Mr. Graham said that xtu:illy there was one corr=ion he "ould like 10 note. Under the lint
bullet on Concepts ~-did sa~· =te four new rc:i;ion:ill~· idcnufl:ible commercial dislricts and that. be
suted. should be three new diStncts. four total . He :id\ised that this plan addn:ssa :ill ol the :are:as :iJong
Broadway e.,ccpt for 1.hc EDD A D1unct . He 5,11d 11 " lus undmtandin1 1h31 they are still preparing :i
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Eapewood City Council
April 21. 1997
Pase 21
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specific plan for their clillric:t. They would eventually go through the Planning Commission process and
bring that forward for Council's consideration. Council Member Waggoner asked if they can make this
all inclUSM so that that docsn 't have to come back and approve a separarc one. Mayor Bums said he
dido 't thinlt so, that the Downtown Dewlopment Authority is a lqlll'llle corporatioo from the City of
Englewood ud he did not think we could include their plans in this. They have a separalC plan that they
are complding and. Mayor Bums noced. that he thought the whole idea all along was to fold that into the
Comprehensive Plan o{ the Ciiy along with evesything else we are doing. But. Council Member
Waggoner DOied. this talks aboul communily pride. transportation, economy, urtJan design.
COtllJIIWlicati compalibilily, coacepu, that there is no reason tbal plan CID 't be a pan of our approval of
any Strllegic South Broadway Aclion Plan. Mayor Bwns said he tbought we could incorporate those
same conc:epcs and evenauaUy adopt the plan of the Downtown Development Authority . Mr. Graham said
yes. tbal in f'acl in some cases the SU'llegies here an: extensioas ol the 1979 Plan for the downtown area,
tbal they bad identified some of these SU'llegies ll tbal ti.me. but only for the downtown area. He
commented tbal be thinks wbll we have done is expanded tbal and aid some of these suaregies worked
and we need to use them in new districts as well.
Council Member Habenicht asked Council Member Wagoner if be was suggesring tbal Council approve
the Englewood Downtown Development Plan bcf'on: they know what it is. Mr . Waggoner said he was not
suggesting that He was suggesring if there is something in that plan that they don 't like it should fall
Wider these guidelines ud they should be able to conuol it Ms. Habenicht pointed out Council would do
tbal anyway . Mr. Waggoner lllled if it is e.,cluded, you don 't Council Member Habenicht asked what
Ibey -14 do if there was a dil'aenl need in a panicular area. Mayor Bums commented that he thought
Ibey were doing apples ud onn,es here.
Director Simpson sugared there an: a lol o{ conc:epcs within the Souah Broadway Aclion Plan that do
address a lol ofpriacipals dial an: focused oa downlown . liawewr, he pointed out. the EDDA has been
engaged. probably for a year, IDd they contimae to wort on tbal. He noced Ibey have a IOI of conc:epts that
they may feel an: highly appropriate for their panicular Disuict and defined specifically for the District.
Mr. Simpson Slated be .uald think it may be -i.at inappropriate for us 10 be adopting these for them .
He opined it would be fonllalmin& 9000. that be has n:cei\·ed a dnft for review finally and that is
somewhat more encouraging. So. be said. he does think they will be seeing something, but that he would
not think it was appropriate to adopt with this .
So. Council Member Waggoner said. they need to change this to lhR:c new regionally identifiable
commercial districts. Director Simpson stated they CID say tbal. but actually he feels this plan n:ally does
contemplate tbal there an: four cbaracter districts all along South Broadway. which does include the
do"ntown area. Council Member Wagoner asked if they should leave it as i1 is. Din:ctor Simpson said
yes .
Council Member Vonnima asked iftbcn: ,.-as anythin1 tbal was in their proposal venus ours. if he has
been able to look at 1L that would come ·10 a head here or are they really apples and we are re:illy oranges.
Di.n:ctor Simpson aated he can 't respond 101hat adcq11:11ely . because he hasn '1 fully finished lhe m ·iew.
He said he would say 11w they have had an opponunity 10 review our plan and he has 001 n:c:eived any
feedback on that Wilh tbal. he noted. and also since Ibey an: not here n:pn:senting anythin1 1onighL he
"ould make a presumption tba1 we are :ill ri&ht. Council Member Vonnitta& :isked if Director Simpson
saw any major conflicts hen:. Mr. Simpson staled then: are no contlicu as he has heard it.
The resolution was assigned a number and re:id by title :
RESOLlITION NO . '1. SERIES OF 1997
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Englewood City Council
April 21, 1997
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A RESOLUTION APPROVING 1lfE •soU'llf BROADWAY ACTION PLAN OF 1997" AS AN
AMENDMENT TO n1E MAS'IER PLAN FOR nlE CITY OF ENGLEWOOI:>, COLORADO,
ENTITLED -nm 1979 COMPREHENSIVE PLAN (MASTER PLAN)".
COUNCB. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (ill • RESOLUTION NO. 51 , SERIES OJ 1997.
Motion carried.
A~: Council Members Vonnittag, Wiggins. Habenicht. Waggoner, Clapp,
Burns
Nays: None
Director Simpson commented that stafl' ,ally enjoyed -ting on this plan and they really do appreciale
the opportunity to help tbc revitaliDtion of Enpcwood and this is a really run and significant project. He
notal they look forward to being back bd'ore Council over tbc next several years on this one.
12. General Discuuioa
(a) Mayor's Choice
I . Mayor Bums swed that he had tbc pleasure of visiling Bishop School this morning during their
morning assembly, which is held about once a month. He said he learned more about their reading
program and an an program. There is a large tumoYer in the school population and about 75% oftbc
students qualify for suppon in their school lunch program. he noted. Mayor Bums said tbc kids suffer
from a lack of rcsourccs in a lot of respects. but they have some wonderful programs at tbc school. The
an program had 700 entries and that is about twice as many an pieces as there are kids in tbe school. The
Rotary Club, of which Mayor Bums is an honorary member. has a wonderful reading program O\'CI' there,
he said. with about 3 i"/o panicipation. About 97% now are actually reading, he said. and their goal is to
have al least 70% read at least 20 books of 25 pages or more each by the end of the year . Mayor Bums
said one child had read 300 books. He said the program has enormous panicipation and is very
competitive and the kids are really into iL He congratulated the Rotary Club for this dl'on. Ma~'Or Bums
spoke to Anita Boswonh. the administrator of the program. who is having trouble aettina publicity for the
program and suggested that Community Public Information Officer Puncerelli might be able 10 assist her.
2. Mayor Bums thanked ~ne for panicipating in the mrcat on Saturday with stafl' and Council
and the public . The first half of the day was al Flood Middle School and the second half was here in the
Community Room . He said he feels it was really wonhwhile and Council recei\"ed a lot of input from tbe
citizens on ii. It 1s hard \\'Ork doing this kind of thing. he commented. but it is very beneficial .
3. Ma~·or Bums said he saw something over the weeltcnd regarding the Colorado Humane Society
having :a problem \\ith their loc:ition . He :asked about the conlr:act we ha,·e "ith them for animal control .
Council Member Wiggins said they indicated there was no problem with us at :all .
Council Member Clapp said we may want 10 watch that. though. because if they have a problem \\ith the
other one ii may be a problem for us . Mayor Bums agreed that ii is something 10 watch .
(b) Council Member's Choice
(i) Council Member Clapp :
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EasJewood City Council
April 21, 1997
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l. She cxpn:sscd cona:m that Council Members' Cboia: was taken oil of the agenda for Study
Session. Ms. Clapp staled there may be. at times. some things that Council may want to discuss at study
session rather than at a regular session. but they are not left with lhaa option. She said she 'lll.'CIWd like to
rec:omider putting that on the agenda.
Mayor Bums said he feels that is a clcccnt question . He feels Council 1w been spending quite a bit of
time oo ilmtS at the Study Scssion and they l'Ulllling out of time a lot, with Council comments.
City Manager Clark said std'lw been evaluating that and at last week's City Manager's meeting they
decided to experiment with this. He said be undentands that, in the history of study sessions. they started
out as a City Manqcr's Study Session and maybe over the years it bas blended into almosl an infonnal
Council meeliag. We were also DOCiciDg. be said, that -oftbe thinp lhat were coming up under
Study Seaioa -also coming up on the rqular agenda, so they Mff: coming up l'lll.;ce . Also, be
advised. tbey are uying to compact -issues into tbc Study Session, be said, and ~t with lhat
for a wbilc. If CowiciJ wanu to IO back. they will IO back. be said. but tbey would like to ~· this for a
while ud -bow it works . For example. IOllipt they were able to aet aa Exec:utin Session out of the
ny, tbe pensioa issue out oftbe way ud some discussioa on cconomic dewlopment incenli\'es. be said,
and even tlw -preaiJII it to Fl in ~ on time. He explained tbal was the reason behind this, lhat
they were bopina to speed up Study Sessions.
Council Member Vormiaq COIIUIICIUed that. It times when they are done at. for instance. ten minutes
after Ille hour. and there is not time to go around to everyone. then don't start it. If there is time to have
Council's choice wbcn they Fl clone early and know they can get pretty much around the 1able. then they
should do it. be opined.
On the other band. Mayor Bvns said. if you h:i,·e SOIIIClhing !hat could be raised at the Council meeting,
rather than Study Session. you 11'0Uldll 't ba\'C to take Study Session time. He said he feels Council
Member Clapp has a point. IOD!Climes there are things !hat you don't want to raise at the general Council
meeting.
Council Member Vormittag said it could be left as an option. if there is something someone really wants
to say it could be added on at the end for just that one member. Mayor Bwns :igrced. suggesting !hat the
member could lee him know ahead of time and 1hen he can just c:ill on him or her .
Council Member Habenicht said if it isn 't broke. don't fix it . She said she has been on Council for Dine
yean and it h:ls always been this 1111y since she has been ~. She said she has IIC''er seen it be a
problem. If there is time. she said. they do it. if there is not time they take it O\·er. but the option is there if
it is something they really have 10 do. and it doesn 't have to go throup all of these formalities . She said
she feels it has been working ,.-ell and cloesn · 1 have any prublem leaving it there.
Council Member Clapp said she h;is seen Council waive it before. when they run out of time. Ma~·or
Bwns just says they are out of 1ime. sorry .
Council Member Vonnittag conunentcd that it has only been once or twice where he actua!ly wanted to
state something 1here and he just let Mayor Bums know tl1.1t he wanted to go first on Council members
choi ce .
Mayor Bums said if they would lee him know, he wouldn ·1 need 10 eo to every chair and ask .
Council Member Vonnm:11 m1cd if a Council member 1w somcthin1 impon:int ~ can Just lei Ma,or
Bums know and you C111 be the nna one .
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Council Member Habenicht commented that what they could do it just raise thcir band.
City Manager C1artt said we will just put it back on. • that will be a lot easier.
Mayor Bums agr=d they could just put it back on and be wiU ask. by a show of bands. who wants to say
something.
2. Ms. Clapp said there were a couple of collllDCIIIS made as to affordable housing. and one was in
rcfcrencc to all'ordable housing as to the ddinition from the Mayor's Caucus. The other was made in
n:fercncc to all'onlablc housing through the Housing Authority . For her own knowledge and infonnation,
she reqUCSlcd Mayor Bums to provide wbocvcr is intaalcd information as to thc definition of affordable
housing for CKh of thole di8'crent cnlities.
Mayor Bums said affordable housing is DIOR of a descriplivc term of a whole myriad of programs that you
can initiate in order to assist people in purchasing housing. It is not really an exact definition, that comes
on a program by program basis. he said, because you may quality for a a:nain benefit. or a a:nain
program, based upon an income guideline. HUD commonly uses a pcrccmagc of median income in the
community on their qualifications. Tony Hernandez, the HUD rcpracntative. likes to talk about
all'ordable housing as the whole concept, the whole breadth of housing and bow it c:an be afforded in
different income c:atcgories. he said. Mayor Bums fdt tllat, to Mr. Hernandez, it is more or less a concept,
it is not a definition that has c.uct terms . The idea is to get away from welfare type implic:ations, be
opined. as far as housing is concerned.
Council Member Clapp said she noticed that the Housing Authority kept bringing that up at the Town
Meeting and she would like to know what WIS meant by that. Mayor Bums said be can get her some
more informalion on that. but it is more a concept than a program .
3. She said she has a couple of letters that were given to her. She said she rccci~ more than a
couple. but these two spccific:illy asked that these be entered into the rccc:d. She said she bad not bad a
chance to copy them and asked that the City Clerk give her a copy .
Council Member Wiggins asked what the letters arc in regard to . Ms. Clapp responded that one is a letter
to City Council. so Council should get copies oftbem • well . Mr. Wiggins said that if they arc going to
be entered into the record. he would like a copy . The other. she said. is to thc City Manager and City
Council Members. so she will provide those for cvaybody.
(Clerk 's note : Two letters were entered into the record. A letter dated April 19 . 1997 from David
Thomas. 4151 South Delaware and a letter dated April 19 . 1997 from Ruth Thomas. 4065 South a--
Street. I
.a . She stated that she was just a little bit confused on the retre:lt in the afternoon . She said it wu
her undersaanding that they were to have dcpanment he:lds and Council . She said she was curious u to
why the Housing Authority WIS included.
Mayor Burns responded that. for the last SC\'er:il yc:irs. the Housing Authority staff. by contract.
adminisaen the BUILD program . The Rehab Lou propam is the same way , he said. When Paul
Malinowski was there, City Manager Clark "ould talk to him :ind have him sit in on sessions with the
City stall' almost as if he was :i stall' member. Mayor Bums e.'lpl:iined . It was mainly bel:aulc of the cJoK
"'Ork101 relationship between the Housma Authority and the City O\·er the years and because the prov,ims
arc :idminisaercd under con1r.ict with the Hous1n 1 Authority . He commented that if you arc aoina 10 talk
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Enckwood City Council
April 21, 1997
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about these programs, you really have to have the staff there . Janet Grimmett has been a City employee
throughout, for insaance, and she is becoming a Housing Authority employee, he said.
Council Member Clapp said she feels we should also have Harold Celva there representing Englewood
Downtown Development Authority for revitalization of the City, since be is a big pan of that and the
downtown area. Mayor Bums said that is a point Ms. Clapp continued that the next time we do that we
should make sure that everybody wbo is going to be a part of the conversation or have a band in what is
going on should be allowed to participate.
Mayor Bums related that. two meetings ago, be aacndcd an EDDA meeting about the draft of the
downtown plan. He felt it was pretty exciting aad that something could really evolve from that and be
would like to see that working relationship develop again between the City and the EDDA, even though
their plan has lagged behind the City planning, he said he feel that they have something there and that it
could be pretty exciting.
(ii) Council Member Waggoaer exprased concern about the portable restroom that
-tipped over and not reacted to. He said he would like to -Waste Management ciled for that
problem and for not responding .
Council Member Vonninag said be would DOI have said to ciie diem if Ibey had cleaned it up faslcr. but
feds Ibey should be cited for not cleaning it up when tbcy tlna lamed aboul it.
~ Burm said there is a real concern aboul beiag called aad ,._....a110 do mmeduq lboul it aad
lbcn jusa DOI having it done . He said he feels Ibey deleMld a INaer lapoaK tllan lbal.
Cily Maaaa Clark said they knew this was comilla aad 4---• 1111s -as He ad lie MUd the
Safely Senoic:es IWf to look into setting up a llleelin& WIIII Ww t b I m I IO llll ._ ._ Mon:
......,namy , he said. he is going to ask them to look IMO Ille ,_..hey al,.... .. all al die pon1111e pally
peap1e oa aotJc:e that. if we do have a spill. there will be a._"-fDr ~ 11P.., wllal 111ppea11
aftenwlnl wbctber our Hazmat people go out. 1'1111 ...... be _, C C I .c. lie ad. ~ dley lad IO .,
• aad c:lean it up . In addition to talking with Ww M I ._ die IIICldal. dley wall talr.e :a
lomc II wllal happens in the future. he said.
CoanciJ Member Habenicht said that alJ al thaR tllillp 1ft Ullplllllk !Jul -do -II to our citizens.
apeaally the children. that we never have a situalioa wllcre a r..ty 1181 to put up with dus for three
days. She said she would like to think that if they doa ·1 .-e caft al ii npa away that -~ bring our
Hazmll ou& and bill them. She said she thi'*5 we were all tacn aback ~ that.
Council Member Wiggins agreed. allowing that he does not think it qualifies as hazardous lllllerial. but
Wute Management should lia,·e had a backup c:mw come out and c:le:ln it up. reahz.ing you c:an 't put it
down the drain. TI1ey dc:il \\ill, it all day long, he said. adding that we did look a li1tJe foolish on that
one.
Council Member Waggoner said it may be hazardous. rec:alling that lhe cities of Englewood and Littleton
paid quite a bit for dumping hazardous material at the Lowry Landfill . He opined tha1 ii was nothing
other than what spilled ou1 omo the streets . He said he reels people learn through citations and be feels a
citation should be issued on this one.
Council Member Habenicht requested that tJie Mayor. on behatr of tJie Council. write a letter to this
woman. thanking her for bringing this to our attention and 1elling her how muc:h we appreciate it and that
we will be doing evc~thing we c:an to be sure this doesn 't happen ag:iin .
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April 21, 1997
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Council Member Vormittag agrml., adding lhat it should be a letter from the City Manager apologizing
for the run around she got, -though it was kind of a catch 22 silllllion.
City Manager Clark said he thinks Waste Management owes her an apology letter. too. and we will do
what we can.
Mayor Bums felt it was n:al unfonunarc lhat she bad to come clown and read this litany of hassle lhat she
bad to go through for thRC days. City Manager Clark said he will lake care of it and will draft a letter for
Mayor Bums' sipaaurc. He said !here aR a lot of c:ompanics in lhat business and if Wutc Managcmcnt
c:m 't come out and get it then they need to be put oa DOliclc lhat they ba\'C X amount of time to do it. or
we will get somebody to do it 111d charge them far iL
Mayor Bums added that, with our ecoaomic: clevelopll*lt projects. !here will be a lot of those around.
City Manager Clark agreed. adding that kids like to tip them . This has been unacceptable and we all
looked foolish on this one and we need to lake whalc\'Cr srcps to make sure it docs not happen apin, he
said.
(iii) Council Member Habenicht :
I . She said we were very succ:essful moving toward Light Rail in the Southwest Corridor primarily
because we worked so bani as a tc:1111. with swf working with swf. and Council working the political
pica:. She opined thaL based on the session on Saturday and people asking for action. there is a lot of
e.~ICIIICllt and potClltial for this Museum of Ourcloor Ans doing some son of panncrship with the City of
Englewood. She said she would like 10 sec us working in tandem with the swf. working from the swf
position and working together with the political angle of il She said she mentioned to City Manager
Clark lhat she was going to bring ii up and asked if she is comet that be clocsn 't have a problem with
that.
City Manager Clark said he did noc tm-c a problem with it. but we should be sensitive to our dc\ldopcr,
also .
Council Member Vormittag :iskcd if a meeting could be set up with tbem so we could get to know each
other. He said be feels that the majori~· of Council is inacrcsted in them aimin& and it is only right that
we set clown with them to sec what they aR interested in. He asked City Manager Clark if SO!DClbiq
could be set up in the near future . maybe after the dec:tioa so the seventh counc:il person can be iJMllwxL
Mayor Bums said that is a good idea and that we should SlUdy the best approach. opining lhat it is a pretty
good idea.
Council Member Habcnichr said she would sure like to be involved in that. Mayor Bums said he is surc
she will .
2. She opined that there was some e.-u:ircmcnr ,cncraled on the c:lc:ul iL fill ir. paint it idea. The
people that were tbcrc. she said. w-cre 3Slting for action from Council and she feels it is somctbinc we
could stan acting on rc:iJ fast . She suggesacd direct.in& rhc C1an. Green and Proud Commiaioa to look al
possibly pulling together some son of prov,am like Ibis. but not with the onus of just dumping it on them
without any ocher rcsourc:es. bur asking that ma)ilc tllcy lake a lc:id in pulling in the whole community .
Ma~"bc sclec:ting an arc:i or doing :a time line of dift'crcnt .,_ wbcft we could all get behind tbem. mayllc
throw in some rcsourc:cs. e\"CD if~· need a small budCCt of S 1.000 or so 10 CCI it &oinc. She felt we
should ar leas1 get this one SWtcd bcc:lusc that zoninc and cadc issue was so bic .
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Englewood City Council
April 21, 1997
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Mayor Bums agreed that it WIS a good idea and said he would really like to sec that also. One other thing
about that meeting. he thought might be interesting. is that he understands that Littleton. once a month,
bas a SIUdy Session out in the neighborhoods. They go out to a school or whatever away from City Hall
and he felt that is an intercsliog idea. Counc:il Member Habcoichl agreed.
3. Ms. Habenicht lhaoked staff. the citizens and Council for all their work on the South Broadway
Action Plan. • well as the boards and commissions. especially our Planning and Zoning Commission.
She reminded Council that it got staned with the Quality of Life subcommittee that we established from
within City Council. She said she would like to -thll ~lished or re-inslihded, either with the
same membership or new membership, to stan working on the zoning issue. The woman who addressed
us on the pona potty, she said, commented that Code Enfo~ will come in and they will talk about
bow high )'OW' grass is, wbilc she has human wure in her guucr. Ms. Habenicht thought maybe that was
what Council Member Clapp was addressing. that maybe if there WIS a citizens group helping to
clctmninc what codes are of prinwy imponancc al that time. maybe we could stan that process together
with swfworkiog with Council .
-l . She asked Council if they would suppon her attending the annual Colorado Municipal League
Cooferenc:c. AJ the CML reprcseorativc to the Policy Committee. she said. they also have their annual
meeting there. She said it is an imponaot thing to continue to be a pan of, thcrdor she asked for
Council's S11ppon for her representing the City al that She said she underslands that the budget is as
high as it would ever go, and it probably won't be that high at all, based on different aspectS of iL
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE
COUNCU. MEMBER HABENICHT TO ATTEND THE CML SNOWMASS VILLAGE
CONFERENCE JUNE 19'7 AT A COST NOT TO EXCEED A SIOOO.
Council Member Wiggins commented that he will vote against this. Wilh all of the coafcrcnces COUDCil
Member Habenicht has bcco to, he said. he has never had her come back and brina anything to Couocil
that has been beneficial that he has derived from it. Even though she represents the City on O.!L. he docs
not feel we have ever bcncftted from it. He said he knows that she said the IIChllOlting she bas done witb
other people has been the thing. but he docsn 't agree.
Ayes : Council Members Vormittag. Habenicht. Waggoner. Clapp. Bums
Nays : Council Member Wiggins
Motion c:irricd .
Mayor Bums commented that he will be bringing something like this before them also. as he likes to
attend pan of it. One thing he has really gotten out of these confcrcnccs is the attorneys · section. but also
lhe olhcr sections. on finance and pensions and thing like that. he said. that he drops in on. He rccallod
dropping in on a session about purchasing that was helpful. Mayor Burns noted we :ill have our own
rewards from these things.
(iv) Council Member Wiggins :
I. Referring 10 the Museum of Outdoor Ans. he said he has heard them talk about it but he has not
seen anything. He said he knows nothing 3bout these people . He agreed with Council Member Vonoiaa,
that they should get together with these people. :as he would like to see what it is that the)' want 10 put iJuo
our city.
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Enclewood City Council
April 21, 1997
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Council Member Habenicht said that makes sense. Council Member Waggoner said Ibey have some good
information packages.
2. He Slid they are llying to push the claa it. fix ii and paint it. and that is fiae, but WC should set
aa example, each of us. by our bumble abodes. He said if wc are going to tum it over to Clean, Green and
Proud, don't jUSI talk about it. but live it
(v) Council Member Vormiaag:
l. He asked if wc need a motion if wc are going 10 do something like this. for the money. to go to
Clean, Green and Proud. He said be would like to be able to say that Council would approve. for example,
Sl,500 if they came up with a plan and a project. He said it is only fair that Ibey come up with a plan and
a pn,ject before Couacil approves the money. He asked Council Member Habenicht if they could use her
home as the first e.umple of the fix up, paint up, trim it project. She said '"you bet".
Council Member Waggoner said we should take, for iDSWICC. an eight block area and jUSI assist those
people in lbal area to do their own clean up, paint up and fix up, only you make a big deal out of it You
get lhem IOgetbcr just like neighborhood watch or something. be opined, and promoce the idea and. if you
have to, maybe lhe City can provide a dump lrUck to haul things away . He feels tbal is lhe ide:i tbat
should be expn:ssed and the program lbal Clean. Green and Proud sboulcl pursue.
Council Member Vorrniaag asked if Council Member Waggoner is willing 10 come to one of their
meetings to sraae bis opinion. Mr. Waggoner responded affirmatively.
2. He complimenled Council Member Clapp on lhe job she did on that concre11: thing ,.;th the two
ye:irs . He said n,·o years from now, with the possibility of Cinden:lla City going gung-bo over then:, you
could say we want to look at this in two mon: yean. Who knows. be commented. things could chaase,
you can always throw mon: money inlo that project for concme tbat won '1 need to be fixed for five or six
ye:irs ya, but aa le:151 ii will swt aa:umulaliag interest .
3. The Linleton Community Music Associalion. be said. did DOI get appl'OYed to be in our Fourth al
July Celebration. A letter in the Council packets expressed their disappoinuncn1 and Council !\.1cmba'
Vonninag asked City Manager Clark 10 cbeck into why Ibey were DOI inviled.
Council Member Wiggins said perhaps Nancy Pelerson could give a little insight into this sinaalion .
Mayor Burns wd be doesn't know and asked iflhcy \\'CIC included lasl year . Council Member Vonaiaq
thought they wcre . Council Member Wiggins md. Since ii was addressed 10 Englewood. Lilllcton and
South Subwtlan. that apparenlly all 1bn:e entities ha,·e decided DOI to use this outfit. maybe he ought to
check wilh lhem and Nanc:y Pelerson for some iM1gb1.
Council Member Vorminag asked if Slaff' could find out. since we have absolutely no idea wh~· Ibey
wcren '1 selected .
Council Member WiggiM noted it isjUSI one individual person asking. not the band .
Council Member Habenicht suggcsl that. since Mr . Vonni11a1 has an interest in lhe Fourth of July
Celcbnition. tba1 be liaison with the Council on lhaa and be 111\'0l,-ed a lillle bit on lhaa . Council Meamer
Vorrniatag asked if Ibey are appointin1 him 10 do IJus . Ms . Habenicbt said sbc thought lhaa would be
great. She said she knows with 1he Par.Ide Associauon 11 helps 10 ~'C a liauon there from lhe school
disanct ud lhe Ciry Council .
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Afrtl 21, 1997
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Council Member Vormittq llked City Muqer Ouk for bis opiJlioa CHI Mr. Vormilllg's -'wig wilb
City Sidon iL Mr. Ouk aid be ii IIOt m wbat City Sld'il claillg CHI it. cxcepl for tbe Neigbbolboocl
WIICh people. He llid Mr. Vormiaq is c:a1lillly Mlalmc. ldding dial llal1iDg wilb last year we were
aaemptiag to sprmd tbe respomibility out duougb tbe Linleloa 11111 Englcwaod COIIUIIUDilies. Most of
dial dl'on. be raid. Im bem comillg &om Neigbborhood Watch 11111 our umal support role from Safety
Scrvic:cs. He nalJed tbat last year WC bad reprcsclltalMS from Littleton 11111 Englewood. He said be will
get tbe illfanmlioo IO Mr. Vonaiaag.
4. He asked for Council's suppan in going IO tbe lntcnlldonal Coafen:nce of Shopping Ccalen in
Las Veps wilb City Muqer Clark. Mr. Clark said be is looking right -at going Tuesday moming
11111 comillg back Wednesday night 11111 is IIOt plumin& OD aacodin& tbe full coafermcc. He tboqbl
maybe An Sc:ibelli &om Neigbborboocl aad Businas Development is planning CHI piag IO tbe full
caafClence.
Council Member Vonniuag said Council will get a repon from him on the conference.
Mayor Bums asked what be inlends to accomplish from this. Mr. Vonninag Slid be will find out about
tbe malls aad learn • much as he can about lbcm.
Council Member Habeaic:bt Slid she daiDks this is a aood idea in terms of tbe f'aCI tbat Sid' Im to act like
Sla1fand can't say a lot oftbe tbings tbatuelededofficial who ,oes along can say. Workin& •• tam
lbat way CID be w:sy bencfic:ial. she Slid. Sbe said she bas 11C11 Mr. Vonnittq Wfflt in a siblllioa like
this and she feels be will really pay attelllion IO what is goin& on . He bis _. asked IO be a pan of any
kind of conference or lll)'lhin& like that 11111 she feels bis cledicatioa is there and lbat be Im taken, &om
the ~ bqinnin1 a llnllll iDla'al in tbe iedewiopmall of Cinderella City aad bringing in the
businesses tbat tbe COIIIIDUllity bas bem alkin& for . She opined that be CID -Ill _.. claillg tbat.
co~cn. MEMBER IIAIIENICBT MOVED, AND IT WAS SECONDO, TO APPROVE TBE
EXPENDITURE or NOT TO l:XCUD S1480 FOR co~cn. MEM91:R VOllM?ITAG TOH
A PART or TID DELEGATION ll'ROM ENGLEWOOD AffENDING TID ICSC
CONFERENCE.
Ayes: Coancil Members Vormittaa, Habenicbl. Waaaae,. Clapp. Burns
Nays: Coucil Member Wiginl
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(a) City Manqer Clark praenled the Cinderella City Activily Repon. He llid lie lffllCd
the IChcdulc 11111 .. a copy to Equilablc. in that we an: about a -.th belund ICbedule froa wllal we
ori&inally submitted last -th. He said be kcpc the September I~ date iDtact • a larpl cmc. Al far•
the ICllc tcnninaaioa. he said. he belic\,:s Lens Craftcrs bas bem tcnniDlled ud •. ue in tbe pn1C1C11
al closln& tbe 111n. There is DOlbiD& new widl rcprd to Wards. be raid. and be ad\ucd Couacal tbal be
included in tbcir packets -pna clippings reprdiq tbcir dctcriontina financial lihlllion.
COUIICII Member Wigim aid tbcrc WB an arlidc in the Roclcy Mountain News this IIIOnliq lbout bow
in the bole Wards is.
City Manqcr Clark aid tbcrc is IIOlbiD& new wilb rcprd to tbc CII\ ll'OIIIIICDtal clanup or widl
Mcn:anulc. He advllld be bad a a.tan& •1th Mlllcr/Kitcbcll lalt week ud cxpr...a C111r iam wilb
rcprd to the PUD IUbnullal . A lot of tbal delay . be raid. 11 rclaled to the padina plln ud dllre ue -
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Eactewood City Council
April 21, 1997
Pace JO
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engineering issues that Ibey are still in tbe process of soning through. One is whether or not to have an
devalal putting structure and Ibey are a1sn dealing with the engineering issues of the retaining wall tha1
surrounds Im lower putting deck along Hampden and Elali and what kind of implications tha1 bas on the
fill, be said. They simply can't take: tbe deck down without the walls falling in so that will require some
additional engineering and may have some implications on their fill.
So that staff doesn't become a go-between with Council and Millcr/Kitcbdl, we have scbcdulcd
Miller/Kitcbdl to meet with Council at the May 12• Sludy Session. be advised. and will p a status
repon OD when: Ibey are OD evaything with n:gard to tenant recruitment, getting the sight plan approved
and so forth.
Mayor Bums commented that be went to the Anlplboe Mayon and Managers Breald'ut Friday and there
was another presentation by Rm. Cal Mandia. the general manager, said that the funding for this year
for the Rm Light Rail Project is now in the U. S. Senate. In the Appropriations Committee they had
asked for $41,SOO.OOO, the House recommended Sll.S00,000. They an: attempting. primarily through
Senator Campbell. to raise that aumber and Ibey an: fairly confident that Ibey will be able to do so . Mayor
Bums said Ibey are ready and willing to assist the lobbyists and staff if Ibey need letten for that and so
forth. but it looks fairly positiw that Ibey can keep on track for the project as Ibey l1IO\IC ahead. Their
schedule. be said. is a little bit ahead of the full funding grant agreemcnL
Council Member Vonniuag said every time we look at these it says RID Light Rail Station completed
December 1996. He asked City Manager Clark for any activity that may be negatiw or positi\'e on this. so
it just doesn't say complete and that's iL If there is activity going. money going up or money going down.
or whatever. be said be would like to be kepi abreast of it.
City Manager Clark said. addn:ssin1 the intergOVCmmcntal agreemenL that right now we don ·1 really
have anything else going with RTD with regard to this specific site. As far as the funding. he stated, we
will continue our dialogue with the lobbyislS.
Mr. Vonniuag said Rm Light Rail just CO\"Cl'S ~ng. If there is something going on. whether it is
positi,1: or negati,·e. be said be -.Id like to be informed about it.
Mr. Clark said lhaL with funding. we will do it throu&h separate channels with regard 10 keeping Council
informed on where Ibey are oa tbe fundin& le\1:1 .
Mayor Burns said another thins Ibey came down and talked aboul was enhancing that stop. though it may
be real e:irty 10 talk about that now. but to Fl \'Olumcer supplies and labor and ideas to enhance and
design the Slop so it isn '1 just the normal concrete and a little shelter thing that RTD nonnally would do.
Council Member Vonnittag said that is pe:11. and he opined that if we bear that we can say sun: we think
that is a gn::11 ide:i. we will give you Englewood's suppon as a Council .
Mayor Burns said be would also like 10 know what has been done on that because it takes a couple of
yean to Fl people prepared and do some planning. They ga,1: us several examples at a meeting -.i
months ago. be said. of some really rcmark.~ble enhancements they have done in Southern C.llifomia and
other places to some of these light rail Slops .
Council Member Habenicht said we ha,1: had a group 1ha1 has been meeting with RTD representatives
based on the dcsip of that Slop and that money that was designated. in terms oflbe enhancement. And.
she noted, when Suzie Grace was "i1h us. she was 1be one 1h31 was son of worlting with the RTD sulf.
She said at the dedic:ition one of the board mcmben SUUC51cd that we Fl together with C.11 :\lanella ud
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En&lewood City Council
April 21, 1997
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make sun: that that piece doesn't get IOSL She said perhaps we need to make sun: we have a staff person
who is designated to work on that. to maybe pull the people and R'I'D staff together, and perhaps our
R'I'D represeotatMs. to make sure that we are still following through on that. She feels there were at
leasl two meetings with communiry memben and Ciry staff' and R'I'D representation on that. so we need to
make sun: it doesn't fall through the cracks.
(b) City Manager Clark RqUCSted a Performance Evaluation. He re:id from a memo in that
rqard that be respectfully n:ques15 Ciry Council to conduct a City Manager's Performance Evaluation at
the earliest possible date, rather than wait until the next cycle, which would be at the end of July or
August. He said he has two reasons for this n:quest. 1be first is, that it is imponant that be continue to
enjoy Council's support and confidence• be works on the various issues facing the community and make
sun: that be is wortiog in the dim:lioa llllt Council wants him to. It is also essential that we maintain a
collaborative dialogue. be said. particularly when differences of opinion aria:. He said he refers to some
of the events of the last 30 to 60 days. Sa:oodly, he said. his employment agreement requires that we do
this every six months and we n::illy haven 't done it C\lery six months since he has been here. He stated
that committing ourselves to a once every six months dialogue ensures that potential problem are:is are
addressed fonhrightly, rather than. if there is a problem out there. it festers under the surface. A strong
foundation, be said. for a Council Manager partnerlhip, is forged and sustained through a mutual
agreement on what the goals and expeclations are for the Ciry Manager. In addition. he said. he recently
came across an article that appeared in Public Management on this issue. which he attached to Council's
copies of the memo and feels~-will find enjoyable reading. He thanked Council for their consideration
of this request.
Council Member Vonninag asked if they can put that on a study session agenda or in Executive Session .
Mayor Bums agreed.
Council Member Waggoner said 'Q,-C all have a tendency to forget when things are due and ii ought to be
scheduled every six months at an off Study Session and if ii is scheduled that way then we don 't forget iL
Mayor Bums agreed that ii "u a good suggestion .
(c) City Manager Clark said he wants a little more direction on the Museum of Outdoor
Arts. but prefaced thal with telling COla:il where we are at. He said "-e have had some meetings with the
folks over lbere and what we :ire doing is wortillg OUl the financial pro forma on what the operations and
maiolCllallce costs would be if they do -to lbc City aad lben also what lbc pro rata share of the cost of
carving out five to 1en acres of the Cinderella Ciry site is. He said ~· had a meeting with them last week
and we are jointly dcYelopins lbese nlllllben 111d llley have provided us some numbers on tbaL He DOied
they indicated at laSI week 's meetin1 tbal they are looking at Olher locauons. which we knew . He said he
thinks what Council is asking 1s lhat we put togelher -rype of a study session to get aaiuainted with
them and maybe we can ha,·e some of this~ that we have been working with them on.
completed at that time and !hen have them come over . He asked if lhal is "'hat Council would like for
him to do. or do they also want a C.>unciVstalf team . He asked. if that is the case. who would they like on
that team.
Council Member Vormi1tag said lets just get to know them and hear what they have. We may be pulling
the horse before the cart since Council Member Wiggins may not be in favor of this at all . he said. Leu
;cc and bear what they ~-e to offer and then see the number on what ii would cost for them 10 come.
Mayor Bums said in the mean time "-e mip1 get these packets of infonnatioa on what !hey are about.
Ciry Manager Clark said he "ill do tbal and then we can get something tosether with tbem.
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April 21, 1997
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d) City Manager Clark said he also is tcntalively planning to go to that CML Conference but he
needs to c:ome back a day early on the 2,.. He said he would like to c:oonlinate rides with members of
Council who are going as a way to bold down expenses.
14. City Atton,ey'1 Report
(a) City Attorney Brotzman reminded Council that they previously discussed property next
to Centennial Lake and the pwchue oC 30 feet of shore buildup. He asked for authoruation for $18,000
for that 30 feet.
Council Member Vormiaag asked where the IIDIC)' will come from. City Manager Clark said it will
come from fwld ba1ange_
Council Member Waggoner said he thought we were going to try to obtain that whole property . City
Attorney Broczman said he will do a full recommendation to Council, but right now we can't affi>rd the
full property . We do need to shore up and lake care of the 30 feet. he said. as there is an offer out in
Sheridan and there is a request for &IIIICXllion and thole are real tentaliw. He c:ommented that we don't
know what the price will be for the full piece of property, but right now their asking price is too high. We
are not asking to condemn at this point. we are just simply asking for authorization to purchase it. be
~lained.
Council Member Waggoner asked if the 30 feet is back in the walCI', because they excavated back about
that far . Mr. Brotzman said we·u ga 30 feet dry.
City Anorney Brotzman said this will ban to come back to them by ordinance for authoriution to go
fornvd.
COUNCU. MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO LET THE CITY
A TIORNEY AND STAFF AUTHORIZE TRI. PURCHASE or THE JO PEET FOR THI. EAST
SHORE SUILD UP AT CENTENNIAL I..AKL AND IEXPLOU ADJACENT PROPERTIES AS
WELL
!\lotion c:arried .
A~: Council Members Vormiaaa, Wigins. Habenicht. Wagoaer, Clapp,
Bums
Nays : None
(b) City AUomey Bruzman asked Council if they WUl to &O forward with the Execuli'YC
Session on April 21• to disc:uss a penonneJ matter.
Counc:il Member Vormittag said that is the one he was talking about where they could do City Manqer
Clark 31 the same time . Council Member Wiggins was not in favor of that.
City Anomey Brotzman said they also ha, e May 5"' whidl is a replar Council meeting ni&hL but at that
mectmg the Sllldy Session is SCI up for compensation review for the Municipal Coun Judge aad the City
Attorney . He asked if they want 10 add the City Manager to tbal lill.
!\layor Bums noted a compeoation miew is difl'cn:m hm a perforaucic C\alllllion. City AUomey
Brownan said dial is ri&ht-
!\layor Bums commenled dial the 111\-c been dilcuuaag dial. by die 2ff"-~ •bought they may C\"ell have
a CODUICt for Cinderdla City. City An~ B~ .......... ..,. arc ...... dlal ldleale
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l:qlened Oty Coadl
April 21, 1997
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and rally pnaiD& lbr May 1• rllber tbln die 20"'. He advised dllt iflbey Fl it earlier Ibey will pl it Cd
IO c.oaacil.
CouDcil Member Varmials lllled if City Malpr Cwt's cvalullioD is Wlllal or wriUen. CouDcil
Member Wiginl advised tlllt it is ID oral dilCUllioa review.
CouDcil Member fflbeaicbt llid Mr. CJark is ukiD& lbr ID ewluation and sbc does 11111 lbinlt it sbould be
al dllt meeliq, but 11111111d CICIIIID lier dlll ...... Sbe allo feels lblt lbr the imetiq 0G die 21*,
lldaap it is.._ die Clll'lm lix CouaciJ memben, sbc -.Id .. tlllt die City Aaan.y 111d die City
Mampl' mipt be available ia caa dley llaw ...,__ Sontbi111 may came up tlllt we mipt want 111
... lbe llid, 111d it WGllld be llllplll lO llaw diem IVlillblc.
Mr. Vormiall lllled ifwe ae lllilll ID do 11111 llllmlll die 21*, lbell. ...,._. a.. Nlplllldlld
adimalively, Dd llid i. ...-willl CouaciJ ...... Hllleaidlt 11111 it .... ,;.a be die CouDcil.
CouDcil Member fflbellicbl llid yes. but llaft people llalldm& by ia cae we aeal illfonu&iaa.
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-CHAMBER OF COMMERCE
May 5, 1997
Mayor Bums, Members of the Council :
The Board of Directors of the Greater Englewood Chamber of Commerce supports the intent of an
ordinance to restrict the sale or purchase of stolen goods.
However, the current Council Bill 31 as proposed, appears to unduly rcatrict many lawful businesses, and
is unclear as to who must comply with its provisions. This lack of clarity will surely lead to the ordinance
being uaed to harass legitimate businesses, who will have absolutely no idea bow to ~ly, or for that
matter if they ue even required to comply .
First in the definition of Sccoodband Property, you have apparently dehl>erately excluded such items as
boats and boating supplies, fishing equipment, automobiles, statuary and paintings, hardware and tools,
compressors, lawn mowers, auto parts, tires, clothing, locks and safes, camping equipment, and many other
items . However, you indicate that "Any item which is marked with a serial number" is to be covered by
the law .
Which is it then?
I . Are those items, many of which have serial numbers, included in the ordinance, or not?
2. What does the phrase "includes but is not limited to ........ " in your definition of secondhand property
mean? Does that mean that today it is included, but tomorrow it is not, depending upon which police
officer, city official, or misinformed resident comes into the buaineu?
3 . Can we assume that a uaed clodiing store is DOI covered, as long u they don't aell "bools" and "fun"
which ue listed? Can they aell uaed lhoes?
4 . Shall we uaume that every auto repair garage in Englewood who imtalls a used part (which will have
a serial number) is DOW required to become a licensed IC"A"AIOCSbancl dealer?
5. Shall we usume now that every other busineaa who buys and resells uaed goocla, IUCh u Andenon 's
Vacuum, Englewood Lock and Key, A+ Computers, Mountain Miser, Englewood Rmlal, Bec:br's
Appliance, all used car loll, and many odiff similar busineues who aell uaed goods occalioaally must
become a licemed IICCODd band dealer?
6. You have defined antiques u being 100 years old: so we muat Ulllllle tbat an antique store which also
sells 90 year old stuff, or depreuion era memorabilia, or WWII era memorabilia will have to be licensed as
a second hand dealer.
7. By the way , is there a big market thelC days for stolen typewriters, pbonognpba, record changers and
turntables?
8. Since "tools" are not listed at all, does that mean that a tool store can aell a used compreu« on
consignment? (The ordinance prohibits conaipment sales by IICCODd band dealers)? Is it your inlent to
make all consignment sales of used aoods illepl? This is DOI clear.
770 West Hampden. #100 •Englewood.Colorado 80110 • (303) 789-4473 • Fax (303) 789-0098
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What is clear, is that Ibis auempt to regulate stolen goods traffickiDg should be tabled until it can be done
in a different fashion, one that does not seem to require every business in Englewood who occasionally
sells used goods to be subject to the intrusive requirements of this ordinance.
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May 5, 1997
Mayor Bums, Members of Council :
The Board of Direc1on of the Grealff Englewood C1wnber of Commerce ii extremely coaccmed about the
m:ent actioos by city government which seem to be part of a genenl at1ack oa F.nglewood'1 buaineu
COIIDlllllity.
We 111Je you to reject the-datioa of Englewood's Plmmillg and 1.aain& C.Cw1w11 ·wioa to fORlC
trmponry labor services to relocate or go out ofbuaiaeu in F.aglewood. Tbeae hvrineeaa provide ~
eq,loyment to Englewood residents and eaadial terVicel to Englewood bar± MN! N.
Blaming these buaineuea for lbe prublrm aloaa Bnledway, or in the adjacmt neipbodloocla, ii imc:curm
and abm1sighled. They have hem operuecl, u far u -know, in a lepl falhioa. If illepl activities are
occuning, Ibey should be dealt with quietly and c:caiA ady in accocdw:e with existing laws.
Englewood buaineael auppon efforts to uppade and improve oat~; hut for these cfforll lo be
1111CCC11fill, we must atop acapeaoatina viable ba11ic • wl wk lopdNer ID idcmify and aolve lbe ial
problems which affect Englewood acigbbodloodl.
President Board of Direc:lon
Greater Englewood Chamber of c:c.mace
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770 West Hampden. #100 •Englewood.Colorado 80110 • (3m) 7~73 • Fax (3m) 789-0098
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COUNCIL COMMUNICATION
Date I Agenda Item I Subiect Possession of
IO a vi intoxicating liquor in public May 5, 1997
Initiated By I Staff Source
Doug Clarie, City Manager City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1992, City Council approved Council Bill 47, amending the Englewood municipal Code to
allow possession of liquor in public during special events, with fonnal approval from the
governmental entity owning or controlling the premises.
RECOMMENDED ACTION
Staff seeks Council support for the attached bill for an ordinance providing clarification to the
section of the Englewood Municipal Code pertaining to alcoholic beverages in public places.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Liquor Licensing Authority has received an inquiry from South Suburban Park and
Recreation District regarding alcohol consumption and sales in Comersto, ! Park and the
miniature golf course. Currently, the Englewood Municipal Code calls for the governing entity
controlling the premises to make this determination. In the case of Cornerstone Park and the
miniature golf course, this would be South Suburban Park and Recreation District, even though
the properties are located in Englewood.
The proposed amendment to the Englewood Municipal Code would grant the Englewood Liquor
Licensing Authority the authority to make this detennination.
FINANCIAL IMPACT
There would be no financial impact on the City as a result of this ordinance.
LIST OF ATTACiMENTS
Letter from Sout 11 Suburban Park and Recreation District
Response to S. Suburban from City Attorney
Proposed bi II for an ordinance
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILl,POR
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3C, SECl'ION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 WJUCH PERTAINS TO POSSESSION OF
INTOXICATING LIQUOR IN PUBLIC.
WHEREAS, the City of Eqlewood pnerally probibita CClll8UlllptiaD of alcabol in a
public place .. that term ia dallned in the Bnp,wood llrmicipal Code; and
WHEREAS, the Englewood Municipal Code WM ammded in 199'Z to pnmde 11D
eumption to the pneral rule; and
WHEREAS, the intent of the -ptiOD .... to allow alcabol iD pab1ic plw when
IUCb an evmt goes tbroup the formal procedure of olainm1 a apec:ial nmta permit
from the En,tewood Liquor Lireallins Authority; and
WHEREAS, the proviaiona of the Liquor Code provide tbe Enpwood Liquor
Licenaing Authority with powen and nspomibilitia to determine aecurity .-,
need size of premiNs and other relevant ~; and
WHEREAS, the ammdment prop....t proridea the clarificatian required to allow
conaumption of alcohol for a apec:ial -t with the proterti,aa• let fartb iD tbe Liquor
Code provided to the Englewood Liquor Lirealin1 Authority;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sertkm 1. The City Council oftbe City of ......... Colando...., apprwee
amendins Title 5, Chapter 3C, Sec:timl 3, oftbe ....,,_.11,micipel Code 1985 to
read u followe :
5-3C-3 : UNLAWFUL TO POSSESS OPEN CONTAINER OF INTOXICATING
LIQUOR IN PUBLIC :
A. It eball be unlawful far any penan to baYe m bit pa11111M111 or under bia
control in any public place any intcmc:atins liquor in any ccmtainlr of any
kind OI' deacriptiOD wbic:b ia D0t ...... GI' Oil wbic:b the teal ia braun.
B. It eball be unlawful far any penan to haft in bit pa11111M111 or under bia
control any intomatins liquar in 11117 CODtainer of any kind or cleacriptiaD.
which ia not eealed or Oil wbic:b the eeal ia brobn, in any vehicle m tblJee
areu acceuible to the driver and .,.....n of Aid Yebicle wba each
vehicle ia in a public place.
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Thia subaection shall apply to posseuion of intoxicating liquor in a vehicle,
in areas of the vehicle accessible to the driver or pusengers, when such
vehicle in a public place.
G. S.emptliaa. The 18, el"IIBI.W eatit, awaiag er eeMPeHiag llfte premieee
ma,-allew '-eeae-ptlillll efaleehelie lse.er..-llll llfte premieea Mtlsjeet M .._e pre, ieiaae ef law.
C. EXEMPl'ION: THE ENGLEWOOD UQUOR IJCENSING AUTHORITY
MAY GRANT A SPECIAL EVENTS PERMIT UNDER THE PROCEDURES
SET FORTH IN THE IJQUOR CODE.
D. Definitiona. For purpmm of this Section:
CONTAINER
PUBLIC PLACE
SEAL
Includes, but ia not limited to any decanter,
bottle, can, jar, thermos bottle or jug.
Property either owned or controllecl by a
pvernmental entity, and shall include any
place opm to the pneral public, either free or
by payment of an entrance fee, any sidewalk,
street, alley, parkmc lot, park, poolroom,
field h-. stadium or ball park.
Includes the nplar and CJricinal tu aeal
applied by order of the United Stat.es
pemment over the cap of each and every
container of intoxicating beverages.
Introduced, read in full, and puaed OD first reading on the 5th day of May, 1997.
Published u a Bill for an Ordinance on the 8th day of May, 1997.
Tbomu J . Burna, Mayor
ATTEST :
Loucrishia A. Ellia, City Clerk
I, Loucrishia A. Ellia, City Clerk of the City ofEqlewood, Colorado, hereby certify
that the above and foregoinc ii a true copy of a Bill for an Ordinance, introduced,
read in full, and puaed on first readinc on the 5th day of May, 1997.
Loucrishia A. Ellis
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City of Englewood
April 29, 1997
Kevin Greene, Manager of Reaeation Facilities
South Suburban Park and Recreation Oistrid
6631 South University Blvd.
Littleton, C0,80121
Dear Mr. Greene:
~ S. Elali Slreel
Englewood. CoiaradO 80110-230~
Pia. (303) 792.2300
(303) 782·2301
FAX (303) ilt-1125
The attached memo is Englewood City Attorney Dan Brotzman's response to
your letter of April 16, 1997 concerning alcohol in South Suburban Parks located
in Englewood.
Please call me if you have any questions.
Sincerely,
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BRENDAJ .CASTLE,CMC
Deputy City Clerk
enclosure: Memo dated April 24, 1997
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This subsection shall apply to po881!811ion of intoxicating liquor in a vehicle,
in areas of the vehicle acceuible to the driver or passengers, when such
vehicle in a public place.
G. 8-empRaa. The ,e, eftlllleMal _.., 8'ffliag er eeMPelliag tlhe premieea
ma, allew '-eaaelllllptia ttf aleehelie he, eragee • lhe premieee 1ttlsjeet te
the pNuiaiam eflew.
C . EXEMPl'ION: THE ENGLEWOOD LIQUOR LICENSING AUTHORITY
MAY GRANT A SPECIAL EVENTS PERMIT UNDER THE PROCEDURES
SET FORTH IN THE LIQUOR CODE.
D. Definitions. For purpoaes of this Section:
CONTAINER
PUBLIC PLACE
SEAL
Includes, but ia not limited to any decant.er,
bottle, can, jar, thermoe bottle or jug.
Property either owned or controlled by a
pvenunental entity, and ahall include any
place ope to the pneral public, either free or
by payment al an entrance fee, any sidewalk,
street, alley, paraD( lot, park, poolroom,
field home, atadium or ball park.
Inc1udea the replar and aripaal tu aeal
applied by order altbe Ullited States
pvenunait Oftl' the cap of each and every
container al intcmcatins beverapa.
Introduced, read ill full, and pMNd CID 6nt reedia, CID the 5th day of May, 1997 .
Publiabed u a Bill for an~ CID the 8tb day al May, 1997.
Tbomu J. Burna, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City of En,lewood, Colorado, hereby certify
that the above and foresoina ia a true copy of a Bill for an Ordinance, introduced,
read in fllll, and paued OD flnt readiq OD the 5th day of May, 1997.
Loucriabia A. Ellie
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MEMORANDUM
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Brenda Castle, Deputy City Clerk
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FROM : Dan Brotzman, City Attotne~ ';1
DATE: April 24, 1997 l l;
TO :
REGARDING: Liquor Comumption in South Suburban Pub within the City oC
Englewood Boundariea .
The City of Englewood prohibits the poewaion or control of any infwicatin1 liqum-in any
public place, in any type oC container, which is not Naled or in wbida the -1 is broken
E.M.C. 5-3C-C (1985). Public place does include the South Suburban Pub. (See E.M.C.
11-4-1, E .M.C. 5-6A-l and E.M.C. 16-8-1)
There is an e:a:emption provided under E .:M.C. 5-3C-3<C). The uemption is being taken to
the Englewood City Council on tint reading May 5, 1997 for clariflc:ation. The -ption
wu to allow for apecial evmta u cle&ned under the Liquor Code to be allowecl after
permission wu obtained from the Englewood Liquor Licenain( Authority.
Once clarified the answer to South Suburban'• questions would be that alcohol will not be
permitted in a park without the specific approval oC the Englewood Liquor Licenaing
Authority for special eventa.
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04/161 97 WED 08: 09 F.U 303 798 3030 Su lla s..:.;t:RBAS
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SOUTH SUBURBAN PARK AND RECREATION DISTRICT
6631 S. Univer1ity Blvd.
April 16, 1997
City of Englewood
City Clel1t's Office
Attn Brenda Castle
3'00 S. Elati St
Englewood, co 80110
Dear Brenda,
Littleton, CO 80121
The South Suburban Par1t and Recreation District owns and opel'lt8$
Cornerstone Par1t property located at the comer of Belleview and Windermere in
the City of Englewood. With the opening of the ball fields and now tho! miniature
golf course, several questions have arisen regarding the use of alcohol in the
par1t.
I am requesting assistance in answering the following questions as it Nill enable
us to respond to inquiries and comply with the City of Englewood rules pertaining
to the use of alcohol. I would request a written response so that this information
might be kept on file in our office for future reference.
Spec.1ic:ally:
1. Is alcohol, beer or wine permitted to be brought into the par1t and consumed?
ie. Someone attending a baseball game or a picnic at one of our future partc
shelters.
2. Can alcohol, beer or wine be brought into the par1t and sold to the general
public? ie. Special events like the July "'5 celebration .
?. Can alcohol, beer or wine be brought into the pal1t and given awa)•? ie . A
private party renting the miniature golf course and providing lunch to guests.
4 . Can alcohol , beer or wine be provided by a sponsor of a baseball tournament
to be given away to participants at the tournament?
As you can see, there are a variety of questions relating to this islue. Your
assistance would be moat helpful and greatly appreciated. Thank you for your
help .
Sincerely ,
Kevin Greene
Manager of Recreation Facilities
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BY AUTHORITY
ORDINANCE N0.2L.
SERIES OF 1992
COUNCIL BILL NO. 47
INTRODUCED BY COUNCIL
MEMBER GULLEY
Ai.~ ORDINANCE AMENDING TITLE 5, CHAPI'ER 3C, SECTION 3, OF THE
ENGLEWOOD :'.'tfUNICIPAL CODE 1985, RELATL.~G TO INTOXICATING BEVERAGES.
WHEREAS, due to a request for a permit system to allow the consumption of alcoholic
beverqws in certain City facilities and after the investigation of an ad hoc committee who
investip.ted the possibility of the City issuing permits in City recreation facilities, the
Enclewood City Council amended Title 5-3C-3-C, with the passap of Ordinance 29, Series of
1990; and
WHE:!{EAS, prior to the passage of Ordinance 29, Series of 1990, the Englewood lfunicipal
Code 1985, stated that it was unlawful for any person to have in his possession or under his
control in any public place any intoxicatinc liquor in any container of any kind or description
which is not sealed or on which the seal is broken; and
WHEREAS, the City Council wishes to reinstate the prior
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tjon '. Title 5-3C-3, of the Englewood lfunicipal Code 1985, is hereby amended to read
as follows :
5-3C-3 : u"NLA \VFUL TO POSSESS OPEN CO?lo"T.\L~R OF INTOXICATING LIQUOR IN
PUBLIC :
A. It shall be unlawful for any person to have in his possession or under his
control in any public ,-Fk PLACE any intoxic:atinc liquor in any container of
any kind or description which is not sealed or on which the seal is broken.
B. It shall be unlawful for any person :o have in his possession or under his
control any intoxic:atinc liquor in any container of any kind or description,
C.
which is not sealed or on which the seal is broken, in any vehicle in those :ireas
accessible to the driver and passeni9rs of said vehicle when such vehicle is in a
public place.
This subsection shall apply to possession ofintoxicatinc liquor in a vehicle, in
areas of the vehicle accessible to the driver or pauencen, when such vehicle is
in a public place.
EXE~IPTION: THE GOVER.'r.wl.E..~.~ ENTITY OWNING OR
CONTROI.LrnGTHE PROfiSES }IAY ALLOW THE CONSIDfPTION OF
ALCOHOLIC BEVERAGES ON THE PREMISES SUBJECT TO THE
PROVISIONS OF LAW .
C. D. Definitions. For purposes of this Section:
CO~"T.-\l~ER Includes, but is not limited to any decanter,
bottle , can, jar, thermos bottle or ;q.
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COUNOLCOMMUNICATION
REGARDING: C.B. 47, Series of 1992 -Amending Title 5-3C-3 -Intoxicating
Beverages.
FROM: Rick DeWitt, Cty Attorney
DATE: November 10, 1992
At one time Englewood had an ordinance prohibiting consumption of alcohol
in public places which was repealed approximately one year ago and since that
time we have had numerous occasions to cite for open containers.
One major problem area is the Gothic Theatre -during the summer months we
found numerous violations of open container and we were powerless to enforce the
violations. Another problem area is the neighborhood adjacent to Belleview Park
-the participating teams know they can not drink in the park so they drink in
the street next to the park.
Englewood Police Officers are now using the State Statute pertaining to
"consumption" in public (12-47-128, I. h), but this Statute deals with
consumption and we may run into a problem proving consumption without some
form
of chemical tat or on-sight cbservation. It should also be noted that this
Statute does not apply to 3.2" beer.
It is recommended that the Cty Council pus an ordinance prohibiting
consumption of alcohol in a public place ..
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PROCLAMATION
WHEREAS , the Congress and the President of the United States have designated May
15th as Peace Officers Memorial Day, and the week in which it falls as Police Week; and
WHEREAS , the members of the law enforcement agencies within the State of Colorado
play an essential role in safeguarding the rights and freedoms of the citizens of the State of
Colorado; and
WHEREAS , it is important that all citizens know and undentand the problems, duties
and responsibilities of their law enforcement agencies, and that members of our law
enforcement agencies throughout Colorado recognize their duty to sene the people by
safeguarding life and property, by protecting them against violence or disorder, and by
protecting the innocent against deception and the weak against oppression or
intimidation; and
WHEREAS, the law enforcement agencies within the State of Colorado have grown to be
modem and progressive, and unceasingly provide a vital public service; and
WHEREAS , the General Assembly calls upon all citizens of the State of Colorado and
upon all patriotic, civic and educational organizations to obsene Police Week and Peace
Officers Memorial Day;
NOW THEREFORE, I , Thomu J . Burns, Mayor of the City of Englewood, Colorado,
hereby proclaim the week ofMay 11th tbroup &be 1'7tb.111'7, as:
POLICEWEEK
and I urge all citizens of Enclewood, Colorado to join in the commemoration of police
officers, put and present, who by their faithful and loyal devotion to their responsibilities
have rendered a dedicated service to the City of Enclewood and, in doin( so, have
established for themselves an enviable and endurin( reputation for preaervin( the righta
and security of all citizens
and May 15, 1997 is hereby proclaimed:
and I urp all citizens of Englewood, Colorado to l'eCOIJ1ize thoee police officers who have
made the ultimate sacrifice or who have been diubled in the line of duty.
GIVEN under my band and seal this 5th day of May, 1997.
Tbomu J . Burm, Ma,or
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COUNCIL COIIIIUNICATION
Data
May 5, 1997
10 a
INITIATED BY
Department of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
STAFF SOURCE
Subject
Amend Bill for an Ordinance,
Concrete Utility
Charles Esterly, Director of Public Works
To reallocala the cost and resporllibllly of maintaining the City's concrelle infrnlruc:ture.
This topic has been dilcuaed numerous times since itw ftrat pi-*d lo Council in 1988, including a
citizen/staff Concrete Task Force, and most recently, dilc:uaed at the study aeaion on Decembel 2nd, 1996.
The Bill for an Ordinance was paued on first reading on March 3"', folowed by a Public Hearing on April T".
RECOIIIENDED ACTION
-
Staff recommends Council approval of the addition of a provision that would require Council ID further evaluate the
level of city participation in the eona. Utility within twenty.four months.
BACKGROUND, ANAL YIIS, AND ALTERNATIVES IDENTFED
Section 11-38-1 of the Municipal Code makes it lhe l8Sponaibilily of__., property owrs ID maintain the concrelle
curbs, gutters, and sidewalks adjacent lo their property . The City is responsible tor main1llining all remaining
concrete: returns, catch baaina, croapena, concnlll alleys, and lllley •llralices.
The Concrete Utility will provide a IOlt of "concrelle Insurance" at a reaonable cost (SS ID S7 per quarter for a
typical residential property) and a c::onv.nient way ID pay (IIS% of the INa could be collectlld wilh the waller &
sewer bills). The City would c:ontribula it's .._. of the r.. jult lb -, pr;v.. owner.
In this proposal. a portion of the INa tor concrelle on comer piap1111N would be emnpad. Thia IW.lb in a
reduction in fees ID comer p1ape111N which the City in general would pay tor. N. the Oecenmr 2"" study aeaion,
staff was directed ID evaluate the feasibility of offllnng a 50% W1plan VS a 7°" WlpliOII tor 1hNe properties .
FINANCIAL ... ACT
Approximately $567,000 in fNa would be collectlld NCh yes, of which the City ovara11 would pay $174,000 and
individual property owners would pay $393,000.
UST OF ATTACHIENTS
Amendment to BiU for an Ordinance
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLFOR
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COUNCILBILLNO . 14
INTRODUCED BY COUNCIL
MEMBER VORMITTAG/
HABENICHT
AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO .
THE PURPOSE OF THIS ORDINANCE IS TO PROTECT THE PUBLIC HEALTH,
SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE
FEDERAL AND STATE LAWS WlUCH REGULATE THE CONCRETE UTILITY
BY CREATING IN TITLE 12, A NEW CHAPTER 8 -CONCRETE UTILITY AND
CONCRETE UTILITY ENTERPRISE FUND .
WHEREAS, in order to promote the public health, safety, and welfare by
controlling the coata of concrete replacement and repair within the City of Englewood,
Colorado; and
WHEREAS, to eatabliah a Concrete Utility and Concrete Utility Enterpme Fund to
reallocate the cost and responaibility of maintaining the City's concrete
infrutructure; and
WHEREAS, 11-38-1, E .M .C. makes it the responaibility of f!!Very property owner to
maintain the concrete c:urbB, gutters, and aidewalb adjacent to their property; and
WHEREAS, the City ia reeponaible for maintaining all remaining concrete:
returna, catch buina, c:roupana, concrete alleys, and alley entrances; and
WHEREAS, the Concrete Utility and Concrete Utility Enterpriae Fund will pnmde
a type of "concrete inaurance" at a reuonable coat ($5 to $7 per quarter for a typical
residential property) and a convenient way to pay (9", of the re.. could be collec:ted
with the water and sewer billa); and
WHEREAS, the City would contribute its share of the fees just like any private
owner; and
WHEREAS , this new Chapter will provide for a portion of the concrete fees on
comer properties to be paid by the City; and
WHEREAS , the Englewood City Council finds that each owner of a lot or parcel of
real property within the City, should pay for the use and the availability of'use of the
Concrete Utility and Concrete Utility Enterprise Fund; and
WHEREAS , there will be a fee imposed for usen of' the Concrete Utility for the
replacement and repair of concrete u described in thia Chapter; and
WHEREAS, such fee will be bued upon the amowat of' c:oncnte attributable to the
property punuant to thia Ordinance;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Se!;tion 1. The City Council of the City of Englewood, Colorado hereby approves the
creation of a Concrete Utility and Concrete Utility Enterprise Fund by adding a new
Chapter 8, to Title 12 of the Englewood Municipal Code 1985, which shall read as
follows :
12-8: CONCRETE UTILITY AND CONCRETE UTILl'IY ENTERPRISE FUND:
12-8-1: DEFJNrrlONS:
BACK OF WALK:
CORNER PROPERTY:
IMMEDIATELY ADJACENT:
INFRASTRUCTURE CONCRETE:
SIDEWALK:
THE EDGE OF A SIDEWALK
IMMEDIATELY ADJACENT TO THE
PROPERTY LINE.
A LOT/PROPERTY AT THE
JUNCl'ION OF AND ABUTl'ING
UPON, TWO (2) OR MORE
INTERSECl'ING STREETS HAVING
AN INTERIOR ANGLE OF
INTERSECl'ION OF NOT MORE
THAN ONE HUNDRED THIRTY·
FIVE DEGREES (135°).
NEAREST TO, BUT NOT
NECESSARILY TOUCHING.
CONCRETE THAT IS NON-
ADJACENT TO PROPERTY LINES .
<E .G. CURB RETURNS, CROSSPANS,
CONCRETE ALLEYS AND ALLEY
ENTRANCES).
CONCRETE SIDEWALKS WHICH
ARE CONSTRUCTED FOR THE USE
OF PEDESTRIANS AND WHICH
ARE LOCATED BETWEEN THE
ROADWAY OR CURB AND PRIVATE
PROPERTY LINES.
12-8-2: RULES AND RBGULA'ftONS; AIIENDIIBNTII:
RULES AND REGULATIONS OF THE CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND MAY BE ALTERED, AMENDED , OR ADDED TO
FROM TIME TO TIME BY APPROVAL OF THE CITY COUNCIL. SUCH RULES
AND REGULATIONS, TOGETHER WITH ALL AMENDMENTS, SHALL BE
AVAILABLE FOR INSPECl'ION AT CITY HALL.
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12-8-3: CONCRETE UTILITY:
A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY
MANAGER, EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS
CHAPTER.
B. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE
MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND. THE CITY MANAGER OR HIS
DESIGNEE MAY PRESCRIBE FORMS, RULES AND REGULATIONS IN
CONFORMITY WITH THIS CHAPTER; FOR THE ASCERTAINMENT,
COMPUTATION AND COLLECTION OF THE FEES AND CHARGES
IMPOSED IN THIS CHAPTER AND ANY FUTURE RESOLUTIONS OF
THE CITY COUNCIL; AND FOR THE PROPER ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER. THE CITY MANAGER MAY
DELEGATE THE ADMINISTRATION OF THIS CHAPTER OR ANY
PART THEREOF, SUBJECT TO THE LIMITATIONS OF THE CHARTER
AND CODE, TO DULY QUALIFIED DEPUTIES AND AGENTS OF THE
CITY MANAGER. THE CITY MANAGER SHALL BE EMPOWERED TO
MAKE DETERMINATIONS AS TO PROPER RESOLUTION OF DISPUTES
ARISING FROM THIS CHAPTER, SUBJECT TO APPEAL.
~ SCOPE:
A. ONLY CONCRETE CURBS, GUTl'ERS, SIDEWALKS, DRAINAGE
FACILITIES, AND OTHER ASSOCIATED CONCRETE LOCATED
WITHIN THE RIGHT-OF-WAY OF A PUBLIC STREET, BETWEEN THE
BACK OF SIDEWALK ON ONE SIDE OF THE STREET AND THE BACK
OF SIDEWALK ON THE OTBEJl SIDE OF THE STREET, IS ELIGIBLE
FOR COVERAGE UNDER THIS CHAPTER. GENERALLY, CONCRETE
BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY
LINES) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPTIONS
MAY BE ALLOWED AT THE DISCRE'nON OF THE CITY MANAGER OR
HIS DF.SIGNEE .
B . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT EUGIBLE
FOR COVERAGE UNDER THIS CHAPTER.
C . THE UTILITY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO
PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID
PROPERTY; FEES FOR NON-ADJACENT CONCRETE, BUT WITHIN
THE ABOVE DEFINED LIMITS , WILL BE PAID BY THE CITY.
D . THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE
UTILITY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED
ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE
ADJACENT TO CITY FACILITIES.
E . MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS UIIAINS THE
RESPONSIBILITY OF THE CITY.
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F . THIS CHAPTER DOES NOT APPLY TO NEW CONCRETE, ONLY
MAINTENANCE OF EXISTING CONCRETE.
12-8-5: AUGMENTS· DOES NOT REPLACE EXISTING PROVISIONS:
A . THIS CHAPTER IS INTENDED TO AUGMENT EXISTING PROVISIONS
OF THE ENGLEWOOD MUNICIPAL CODE BY PROVIDING FOR AN
ALTERNATE MEANS OF FUNDING REPAIRS . OWNER'S
RESPONSIBILITY UNDER 11-3B-l OF THIS CODE DOES NOT CHANGE .
B . EXCEPT AS AMENDED, EXISTING LAW DOES NOT CHANGE.
12-IMI: USER FEES:
A. THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND
WITHIN THE CITY A CONCRETE UTILITY FEE. THE CONCRETE
UTILITY FEE SHALL BE REVIEWED ANNUALLY AND SET FROM
TIME TO TIME BY ORDINANCE OF THE CITY COUNCIL AND SHALL
BE BASED UPON THE AREA OF CONCRETE IMMEDIATELY
ADJACENT TO THE LOT OR PARCEL.
B . ALL MONIES RECEIVED BY THE CITY UNDER THIS CHAPI'ER SHALL
BE PLACED IN A SEPARATE ACCOUNT AND EXPENDITURES
THEREOF SHALL BE MADE ONLY FOR THE PURPOSE OF:
1. CONSTRUCTION, INSTALLATION, REPAIR, MAINTEl'lANCE ,
IMPROVEMENT, REPLACEMENT AND RECONSTRUCTION OF
PUBLIC CONCRETE IN THE CITY AND ALL OTHER FACILITIES
NECESSARY TO ADEQUATELY PROVIDE FOR
TRANSPORTATION IN THE CITY.
2 . FUNDING OF ALL COSTS, INCLUDING BUT NOT LIMITED TO
ADMINISTRATIVE COSTS, STUDIES, EQUIPMENT,
CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS,
AND SYSTEM IMPROVEMENTS, NEEDED TO COMPLETE THE
STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO
BRING THE CONCRETE WITHIN THE RIGHT-OF -WAY OF THE
PUBLIC STREETS INTO COMPLIANCE WITH ALL STATE AND
FEDERAL REGULATIONS AND THE REQUIREMENTS OF THE
CITY AS CONTAINED HEREIN.
3. REIMBURSING OF OTHER CITY FUND DIVISIONS FOR
EXPENSES INCURRED IN THE OPERATION, REPAIR AND
MAINTE:'<JANCE OF THE CONCRETE WITHIN THE RIGHT-OF-
WAY OF THE PUBLIC STREETS. ALL REIMBURSEMENTS MUST
BE PROPORTIONAL TO SERVICES RENDERED BY OTHER
DEPARntENTS, AND , LIKEWISE, PROPORTIONAL CREDITS
SHALL BE RECEIVED FOR SERVICES RENDERED TO O'l1IER
DEPARTMENTS BY THE CONCRETE UTILITY .
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C. THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF
ESTABLISHMENT OF A CONCRETE UTILITY USERS FEE OF SEVEN
AND EIGHT-TENTHS CENTS ($0 .078) PER SQUARE FOOT OF
CONCRETE PER ANNUM.
D. THE CITY MAY PLEDGE CONCRETE UTIUTY ENTERPRISE FUND
FEES COLLECTED UNDER THIS CHAPTER, AND THOSE
ANTICIPATED TO BE COLLECTED, TO THE RETIREMENT OF THE
PRINCIPAL AND INTEREST OF REVENUE OR GENERAL OBUGATION
BONDS ISSUED BY THE CITY FOR FINANCING ANY OF THE
ACTIVITIES OF THIS CHAPTER.
E . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND
FEES COLLECTED UNDER THIS CHAPTER, AND THOSE
ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER
PUBUC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE
UTILITY PROJECTS.
~7: CITY CONTRIBtrnON FOR CORNEil PBOPBll'l1B&
A. THE STREET ALONG WHICH THE LOT OR PARCEL IS LEGALLY
ADDRESSED, OR STREETS PARALLEL OR NEARLY PARALLEL
THERETO, SHALL BE DESIGNATED AS PRIMARY FRONTAGES,
EXCEPT WHERE THE OWNER HAS NO ACCESS TO THE ABUTTING
STREET, WHICH SHALL BE DESIGNATED AS A SECONDARY
FRONTAGE.
B . STREETS PERPENDICULAR OR NEARLY PERPENDICULAR TO
PRIMARY FRONTAGES WILL BE DESIGNATED AS SECONDARY
FRONTAGES .
C. THE CITY WILL CONTRIBUTE 70., OF THE FEE FOR SECONDARY
FRONTAGES, BASED ON THE AREA OF CONCRETE THEREOF.
12-8-8: 'mllPOBAllY DBIIP'nON FOR CONCIIBTB UNDD WAIUlANTY •
PAB'nAL BBDUCl"ION IN FD&
A . CITY ORDINANCE 11-38-9, E.M.C ., REQUIRES CONCRETE
CONTRACTORS TO WARRANT THEIR WORK FOR TWO YEARS
FROM THE DATE OF COMPLETION . ANY EXISTING CONCRETE
COVERED BY THIS TWO YEAR WARRANTY, OR ANY FUTURE
CONCRETE NOT CONSTRUCTED BY THE UTILITY IIUST BE
COVERED BY A WARRANTY AND WILL BE TEMPORARILY
EXEMPTED FROM UTILITY FEES FOR THE WARRANTY PERIOD.
8 . ONCE THE CONCRETE WARRANTY EXPIRES, THE TEMPORARY
EXEMPTION WILL EXPIRE, AND THE OWNER WILL BE REQUIRED TO
RESUME PAYMENT OF FULL FEES. THE FEE WILL BE PRORATED TO
THE DATE OF THE EXPIRATION .
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C . THIS TEMPORARY EXEMPTION WILL BE ALLOWED ONLY FOR THE
AMOUNT OF WORK ACTUALLY CONSTRUCTED (I.E. THE ENTIRE
PROPERTY IS NOT EXEMPT, ONLY THAT PORTION OF THE
CONCRETE ACTUALLY BUILT).
12-8-9: BILLING AND PAYMENT OF FEES:
A. THE CONCRETE UTILITY FEES SHALL BE BILLED AND COLLECTED
WITH THE QUARTERLY WATER AND SEWER BILL FOR THOSE LOTS
OR PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND
COLLECTED SEPARATELY AS FOR THOSE LOTS OR PARCELS OF
LAND NOT UTILIZING CITY WATER AND SEWER UTILITIES.
B. . THE FEES CHARGED IN EACH BILLING PERIOD ARE EFFECTIVE
UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN
ADDRESS OF THE UTILITY USER SHOWN ON THE RECORDS OF THE
CITY'S UTILITIES DEPARTMENT.
C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY
PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS
AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL.
12-8-10: DELINQUENCY AND COLLECTION:
A . DELINQUENCY SURCHARGE. FEES LEVIED IN ACCORDANCE WITH
THIS CHAPTER SHALL BE PAID WITHIN THIRTY (30) DAYS FROM
THE DATE OF BILLING TO THE CITY. IF THE BILL IS NOT PAID
WITHIN SIXTY (60) DAYS AFTER BILLING, IT SHALL BE DEEMED
DELINQUENT WHEREUPON A TWENTY-FIVE PERCENT (25%)
SURCHARGE SHALL BE IMPOSED FOR COLLECTION SERVICES.
B . NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL
BE A LIEN UPON THE BILLED PROPERTY FROM THE DATE SAID FEES
BECOME DUE UNTIL SAID FEES ARE PAID. THE OWNER OF EVERY
STRUCTURE OR PREMISES SHALL BE LIABLE FOR THE FEES, WHICH
LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY BY AN ACTION
AT LAW OR SUIT TO ENFORCE THE LIEN. IN THE CASE WHERE THE
TENANT IN POSSESSION OF ANY PREMISES PAYS THE FEES, IT
SHALL RELIEVE THE PROPERTY OWNER FROM SUCH OBLIGATIONS
AND UEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK
PAYMENT FROM A.'ff PERSON OTHER THAN THE PROPERTY
OWNER. NO CHANGE OF OWNERSHIP SHALL AFFECT THE
APPLICATION OF THIS CHAPTER, AND THE FAILURE OF ANY
OWNER TO DISCOVER THAT HE PURCHASED PROPERTY AGAINST
WHICH A LIEN FOR FEES OR SURCHARGE EXISTS SHALL IN NO WAY
AFFECT HIS LIABILITY FOR SUCH PAYMENT IN FULL . SAID
DELINQUENT PAYMENTS, AND THE LIEN CREATED THEREBY,
SHALL BE ENFORCED BY ASSESSMENT UPON THE PROPERTY AND
PREMISES SO SERVED AND CERTinCATION THEREOF TO THE
COUNTY TREASURER FOR COLLECTION .
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12-8-11: DEFERMENT PROVISION:
A . ELIGIBLE PROPERTY OWNERS SHALL BE ALLOWED TO DEFER
PAYMENT OF FEES UNTIL TRANSFER OF OWNERSHIP TO
ANOTHER PERSON. ALL BACK FEES, PLUS INTEREST AT A RATE
DETERMINED BY COUNCIL RESOLUTION SHALL BECOME DUE AND
PAYABLE WITH TRANSFER OF OWNERSHIP.
B. PROGRAM ELIGIBILITY IS DETERMINED BY THE ENGLEWOOD
HOUSING AUTHORITY, ACCORDING TO FEDERAL STANDARDS
INCLUDING VARIOUS FACTORS SUCH AS AGE, DISABILITY, INCOME
LEVEL, AND THE ASSETS OF THE OWNER.
C . APPLICATIONS WILL BE SUBMITTED TO THE ENGLEWOOD
HOUSING AUTHORITY, WHO WILL PROCESS ALL APPLICATIONS
AND DETERMINE ELIGIBILITY.
E . APPLICATION FOR DEFERRAL CAN BE MADE AT ANY TIME .
12-8-12: VOLUNTARY NON-PAR'nCIPATION PROVISION:
A . OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY (NOT PAY
UTILITY FEE) AND FUND ALL REPAIRS PERSONALLY
B. OWNERS WHO CHOOSE TO OPT-OUT OF THE PROGRAM MUST
EXECUTE A VOLUNTARY NON-PARTICIPATION AGREEMENT.
1. THE AGREEMENT WILL STIPULATE THAT IN ORDER TO
RE-ENTER THE UTILITY:
a. ALL BACK FEES MUST BE PAID IN FULL.
b . ALL CONCRETE MUST BE BROUGHT INTO COMPLIANCE
WITH CITY STANDARDS , (I .E. REPAIRED) AT OWNERS
EXPENSE .
C. THE AGREEMENT WILL ALSO STIPULATE THAT THE AGREEMENT
WILL BE FILED WITH THE COUNTY CLERK AND RECORDER. AND
WILL SERVE AS LEGAL NOTICE TO ANY FUTURE PURCHASER, OR
OTHERS WITH A CURRENT OR FUTURE FINANCIAL INTEREST IN
THE PROPERTY.
D .
E .
NON-PAYMENT OF FEES WILL BE DEEMED A DELINQUENT
ACCOUNT AND WILL NOT BE CONSIDERED AS A GROUND FOR NON-
PARTICIPATION IN THE CONCRETE UTILITY PROGRAM. (I .E .
VOLUNTARY NON-PARTICIPATION REQUIRES AN AFFIRMATIVE
ACT TO "OPl'-OUT" BY EXECUTING AN AGREEMENT, A PROPERTY
OWNER MAY NOT JUST REFUSE TO PAY THE FEE).
THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR
AI .L REPAIRS <OPTING-OUT OF FEE DOES NOT CHANGE
RESPONSIBILITY TO MAINTAIN CONCRETE).
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12-8-13: ADMINISTRATIVE REVIEW AND APPEALS: ANY OWNER WHO
DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO
THIS CHAPTER, OR WHO DISPUTES ANY OTHER
DETERMINATION MADE BY OR ON BEHALF OF THE CITY
PURSUANT TO THIS CHAPTER, MAY PETITION THE CITY
MANAGER FOR A HEARING ON A REVISION OR MODIFICATION
OF SUCH CHARGE OR DETERMINATION NO LATER THAN
THIRTY(30) DAYS AFTER HAVING BEEN BILLED FOR SUCH
CHARGE OR AFTER HAVING BEEN NOTIFIED OF SUCH
DETERMINATION. THE CITY MANAGER MAY CONDUCT SUCH A
HEARING HIMSELF, OR AT HIS SOLE DISCRETION, MAY
DESIGNATE AN OFFICER OR EMPLOYEE OF THE CITY AS A
HEARING OFFICER WITH AUTHORITY TO HOLD SUCH
HEARINGS. FURTHER APPEAL MAY BE MADE TO THE DISTRICT
COURT AFTER A DECISION HAS BEEN MADE BY THE CITY
MANAGER OR HIS DESIGNEE OR AFTER ONE HUNDRED AND
TWENTY (120) DAYS IF A DECISION HAS NOT BEEN RENDERED
BY THE CITY MANAGER OR HIS DESIGNEE.
Section 2. Safety Clau,ea The City Council, hereby finda, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is neceuary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bean a rational relation 1D the proper
legislative object sought to be obtained .
Section 3. Severabjlity If any clauae, sentence, paragraph, or put of this
Ordinance or the application thereof 1D any penon or circumstances 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 persona or circumstances.
Section 4 lnGQQtiatePt Ordjpansea All other Ordinances or portiona thereof
inconsistent or confticting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conftict.
Section 5. EIIec;t of tePNI or modjfiutjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance aball not release ,
extinguish, alter, modify, or change in whole or in put any penalty, forfeiture, or
liability, either civil or criminal, which shall have bNn incurred under such
provision, and each provision shall be treated and held u atill remaining in force
for the purposes of sustaining any and all proper actiona, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, u well aa for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actiona, suits, proceedings, or prosecutions.
Section 6 . fen<x . The Penalty Provision of E .M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Section 7. Within twenty-four month• the City Council 1hall
re-ernluate thi1 is1ue to see if the City can take on additional liabilities.
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Introduced, read in full, and puaed OD fint reading OD the 3rd day of March, 1997.
Published u a Bill for an On:linance on the 6th day of March, 1997.
A Public Heariq WU beld CID April 7, 1997.
Amended and reintroduced, read in full, and puaecl u amended cm the 21st day
of April, 1997.
Amended and reintroduced, read in full, and puaed u amended on the 5th day
of May, 1997.
Publiabed 88 •-Wed CID the 8th day of'llay, 1997.
Tbomu J. Buma, Mayor
ATTEST:
Low:riahia A. Ellia, City Clerk
I, Loucrilbia A. Ellia, City Clerk of tbe City of Ea,lewoocl, Colorado, hereby
certify that the abaft and foresoinl ia • true copy of the amended Bill Par All
Ordinance, reintroduced, read in full, and puaed u amended on tbe 5th day at
May, 1997.
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COUNCIL COMMUNICATION
Date Agenda Item
May 5, 1997
10 a ii
INITIATED BY STAFF SOURCE
:.
Subject
Ordinance to Create Paving District
No . 38
Department of Public Works Char1es Es1llrly , Directer of Public Works
COUNCIL GOAL AND PREVIOUS COUNCL ACTION
Council included these streets in various phases of the proposed 10 year Paving Plan, and approved Resolution
No. 40 on March 17 , 1997, declaring the City's intent to form Paving District No . 38.
RECOMMENDED ACTION
Staff seeks Council consideration of an ordinance creating Paving District No. 38 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Since 1956, the City has been improving its s1r9els to meet minimum City Standards through paving improvement
districts. During this period, some 30 districts have been completed, improving approximately 99 miles of streets
and 43 alleys.
The costs of these improvements ant borne by both the adjacent property owners, through special assessments
levied for work done adjacent to their prope!11es, and the City , through monies budgeted in the PIF for street and
alley intersection work, incidental storm sewer construction, right~-way acquisition, fence relocations, etc .
At the 1983 Budget Retreat. Council approved a ten-year paving dlltrict program to bring all streets. not incluaed
in previous districts . up to City Standards . PropoNd paving district streets W9f9 presented to Council as an
accumulation of recommendations from several .... : requests from citizens, petitions , requests from business
or industrial property owners . requests from Council, nlYiN of pat districts, nlYiN of maintenance pro:>lems and
costs, and physical inspections. Prior to inclusion in the list, strNts showing signs of distress were tested for
thickness of asphaltic concrete and basecourse to detllrmine the approprial8 action requi1'11d . StrNts not meeting
minimum City Standards were proposed for reconatruction and auessment Streets that were found to meet City
Standards were not proposed for paving district inclusion, but rather, win be included in a City ovenay-sulcoat
program where no auessments are levied.
The streets proposed for inclusion in Paving District No . 38 are strNIII that have not previously been construdlld
to minimum City Standards . and, from testing results, require total reconstruction .
Due to delays, the 10 Year Plan wu revised in 1998 ; the strNta propoMd for Paving District No . 38 are now in
Year 7 of the revised plan, scheduled for construction in 1998 . The 5 YUi capital Construction Plan for 1997
included funding for Paving District No . 38 in y_.. 1997 and 1998, with actual construction in 1998. This
schedule allows time for the Colorado Department of Transportation (COOT) to c:omplm the construdion of the
Navajo truck route pnor to the construction of Paving District No . 38 , • many of the ~ diltlict llrNla ..
contiguous with that construction .
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FINANCIAL M'ACT
Paving Oillrlct No. 38 is act,eduled for canslNdiDn during lhe IUlfflS and fall ct 1998. Funding for the City's
portion ct lhe project. in lhe amount ct ijjplc»dn.ey $520,000, is budgad In lhe 1997 and 1998 PIF.
eonstrucllan funding for lhe Ml I I Etle portion, in lhe ijjpiOlclli-amount ct IIIQ,000, .. need ID be provided
by 11w Cly flam 11w GerWai Fund blllnCe. ralmblnlllle t,raugh ••r I ..... ID lhe affed9d propertiell and wll
be due wllh praperty tma in 11w 'fW 2000, CII' flam a band Illa. The •r I I nant IDlal .. be appiOJCimatlllY -saeo.ooo. whlCh inCluda legal fNa, w111111geuc1a • .:.. llffllllnll lhe prajlct llllal m 11,380,000.
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DIUFI' 4123197
BY AUTHORITY
ORDINANCE NO. _
SERIES OF 1997
A BILL FOR
COUNCil. BILL NO. 38
INTRODUCED BY COUNCil.
MEMBER _____ ~
AN ORDINANCE CREATING PAVING DISTRICT NO. 38, IN THE CITY OF
ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND
INSTALLATION OF STREET PAVING, CURB, GUTTER, SIDEWALK, AND
STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY
INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION
WITH THE DISTRICT.
WHEREAS, the City Council ofEnclewood, Colorado pursuant to the Charter,
Chapter 2 of Title 11 of the Municipal Code oftbe City, and laws of the State of
Col crado, hereby finds and determines that there emt a necessity for the creation of
Paving District No . 38, in the City (the "Diatrict"), and the construction and
inst:).!lation of street paving, curb, gutter, sid-alk, and storm drainage
improvements, together with necesaary incidentals, within the District; and
\''HEREAS, the City Council has determined to proceed with the creation of the
District and the construction of the improvements within the District, as described in
Resolution No . 40 , Series of 1997, puaed and adopted by the City Council on March 17,
1997;and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1 Crretior g(the QWrict. That a special improvement district for the
removal and replacement or new conatruction of the improvements hereinafter
described, is hereby created and eetab iiahed in accordance with the City Charter,
Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the State of
Colorado, and shall be known and designated u "Paving Diatrict No . 38". All
proceedings, heretofore taken and adopted in connection with the Diatrict are hereby
ratified, approved, and confirmed.
S,:ct,ion 2. Rngjgn,:jpg Plam apd &aectftceUme. That the engineer's reporta,
toge: :ier with the preliminary detaila, specificationa, estimates of coat, mape, and
schedules attached or appended to said reports, are hereby approved and adopted.
Section 3 . QWrict Bmmd•n. The Diatrict ahall be located within the corporate
limits of the City and shall be comprised of all of the real property adjacent to which
t ne curb, gutter, sidewalk and paving do not meet City standards, which real property
may be assessed with the cost of the improvementa . A list containine the addrelles of
said real property is attached hereto u "Exhibit A.
Section f . Deer:rimter r#Jmrro,enwde.
(a ) The proposed Diatrict ahall include all of the real property ftontiq or
abutting on the street betwNn the termini hereafter described,
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. Paving:
Concrete:
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40'width,8"base,3"asphalt
30'width,8"baae,3"asphalt
24' width, 8" base, 3" asphalt
20· width. s· base, 3• asphalt
32'width,6"base,2"asphalt
Monolithic curb, gutter & walk 6"
Monolithic curb, gutter & walk 4"
Vertical curb & ptter
8" Concrete "V" Pan 4 Ft. wide
8" Concrete Street Paving
4" Curbwalk I
6" Curbwallt I
$54.25 F .F .
$40.75 F .F .
$32.50 F .F .
$27.00 F .F .
$32.50 F .F .
$33.00 L.F.
$30.00 L.F .
$16.25 L.F .
$23.50 L.F .
$72.00 F .F .
$31.00 L.F .
$33.00 L.F .
No 1U111eS11ments will be made for curbs, gutters, and sidewalka in
place which conform with the plans and specifications for the proposed
improvements and which are acceptable to the City.
Property owners are specifically referred to the schedule of proposed
assessments which will be on file in the Office of the Director of Public
Works, from which the appronmate amount to be assessed against
any particular lot or parcel of property may be determined.
Ses;tign 5 . !1tttWPi rii&I A11tboriMJ. The removal and replacement or new
construction of the improvements described above in and for the District, and as
shown by the plans, specifications, and mapa approved and adopted by the City
Council, is hereby authorized and ordered, the material to be used in the removal and
replacement or new construction of said improvements to be in accordance with such
plans, specifications, and maps.
Ses;tign 6. A tmS q(Cqm. The probable total c:oet of the improvements to be
removed, replaced. or constructed within the Diatrict is $1,380,000; it is propoeed that
the City of Englewood will pay appronmately $520,000 of said total cost. The balance
of the total cost which is not paid by the City of Eqlewood will be aueued against the
real property located within the District and specially benefited by removal and
replacement or new construction of the improvements. The appronmate amounts to
be assessed against said properties on a front foot, linear foot, or square foot buis
shall be as more particularly set forth in Resolution No.40, Series of 1997; said unit
costs are incorporated herein by specific reference .
Ses;tign 7 . PPYIDf'Dt g(A-m,nte. The coats of the removal and replacement
or new construction and installation of the improvements, lea that
portion which is paid by the City, ahall be aueued by ordinance upon
all the real property within the district hued upon the beneftt
conferred by the improvements upon each parcel of realty within the
district. If the u aeu ment is not paid in full within the period of time
set forth in the u se11ment ordinance, the amount and time of
payment. and the rate and time of payment of interest ahall be
determined by the City Council u aet forth in the UHAment
ordinance .
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BY AUTHORITY
ORDINANCE NO . _
SERIFS OF 1997
COUNCIL BILL NO . 38
INTRODUCED BY COUNCIL
MEMBER _____ ~
A BILL FOR
AN ORDINANCE CREATING PAVING DISTRICT NO. 38, IN THE CITY OF
ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND
INSTALLATION OF STREET PAVING, CURB, GUTTER, SIDEWALK, AND
STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY
INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION
WITH THE DISTRICT.
WHEREAS, the City Council of Englewood, Colorado pursuant to the Charter,
Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of
Colorado, hereby finds and determines that there emts a necessity for the creation of
Paving District No. 38, in the City (the "District"), and the conatruction and
installation of street paving, curb, gutter, sidewalk, and storm drainage
improvements, together with neceaaary incidentals, within the District; and
WHEREAS, the City Council baa determined to proceed with the creation of the
District and the construction of the improvements within the District, as described in
Resolution No. 40, Series of 1997, paued and adopted by the City Council on March 17,
1997;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1 Crntton a(tbo QWrW That a special improvement district for the
removal and replacement or new coDltruction of the improvements hereinafter
described, is hereby created and establilhed in accordance with the City Charter,
Chapter 2 of Title 11 oft.be Municipal Code of the City, and the laws of the State of
Colorado, and shall be known and designated as "Paving District No . 38•. All
proceedings, heretofore taken and adopted in connection with the District are hereby
ratified, approved, and confirmed.
Section 2. &icfren:bar Plana gd Srri ..... *fme . That the engineer's reports,
together with the preliminary details, specificationa, estimates of coat, maps, and
schedules attached or appended to said reports, are hereby approved and adopted.
Section 3 . l)l*1d Bmmden, The Diltrict ahall be located within the corporate
limits of the City and shall be comprised of all of the real property adjacent to which
the curb, gutter, sidewalk and pavinl do not meet City standards, which real property
may be aaaeued with the coat of the improvements. A list containing the addreuN of
said real property is attached hereto u "Emibit A.
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Sm;tion 4 . Pee liflhm Q(Jm1nv, w+.
(a) The propoaed District ehall include all of the real property fronting or
abutting on the street between the termini hereafter described,
including the real property within one-half ( lfl) block of euch etreete
and avenues. Adjuetmente for the 888ell8ment of coete will be made
for irregular and odd-ehaped lot& and parcele of property.
Cb) The improvement& to be conetructed or inlltalled are ae follow,:
Op
(1) Neceuary grading and ucavation, with 8" compacted gravel
baee coune and 3" uphaltic concrete surface, concrete walka,
curb and gutter where not already inlltalled or not meeting City
etandarde; together with appurtenanc:ee and incidentals on the
following etreete and avenue&:
From
W . Radcliff Ave .
W. Stanford Ave.
W . Thomu Ave.
S. Beverly Dr.
S. Windermere St.
S . Windermere St.
S . Windermere St.
W. Tufta Ave.
Cul-de-eac ± 600' E. ofNav~o
Cul-de-eac ± 330' E. ofNav~o
S . Garden St.
W. Thomu Ave.
Cul-de-eac ± 220' S. al S . Garden St.
S. Windermere St.
W. Prentice Ave.
W. Thomu Ave.
W. Quincy Ave .
S. Windermere
Thomu Ave .
W. Tufta Ave.
S. Hickory Lane
(2) Neceuary grading and ucavation, with 6" compacted ,ravel
hue courae and 2" uphaltic concrete aurface, concrete walb,
curb and gutter when not already inatalled or not meeting City
etandarda; together with appurtenancee and inciclentala on the
followin1 streets and avenuea:
Op Fmm To
S . Emel'IIOD St. E. Girard Ave. E. Hampden Ave.
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(3) Neceuary grading and ucavation, with concrete atreet pavin&;
topther with appurtenancea and incidentala OD the followinc
atreete and avenue&:
Fmm To
W . Jefl'enon Ave . S . Cherokee St. Alley E . of Cherokee
( c) Prior to the removal and replacement or new conatruc:tiOD al the
improvement& within the propONd diatrict, affected property ownen
will be allowed a apecified time period in which to have &aid
improvement& removed and replaced or conatructed on their own
initiative.
( d ) The probable total coat of the improvementa to be conatructed and
installed within the Diatrict ia $1,380,000.
( e) The probable amount of the total -i of &aid improv....-ta which the
City ahall pay ia approzimately $520,000.
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( f) The balance of the total cost which is not paid by the City will be
assessed against the real property specifically benefited by the
improvements. Probable costs per front or linear foot for said
improvements are as follows:
Paving:
Concrete:
40' width, 8" base, 3" asphalt
30' width, 8" base, 3" asphalt
24' width, 8" base, 3" asphalt
20' width, 8" base, 3" asphalt
32' width, 6" base, 2" asphalt
Monolithic curb, gutter & walk 6"
Monolithic curb, gutter & walk 4"
Vertical curb & gutter
8" Concrete "V" Pan 4 Ft. wide
8" Concrete Street Paving
4" Curbwalk I
6" Curbwalk I
$54.25 F.F.
$40.75 F.F.
$32.50 F.F.
$27.00 F .F.
$32.50F.F.
$33 .00 L.F.
$30 .00 L.F .
$16.25 L.F.
$23 .50 L.F.
$72.00 F.F.
$31.00L.F.
$33.00 L.F .
No assessments will be made for curbs, gutters, and sidewalks in
place which conform with the plans and specifications for the proposed
improvements and which are acceptable to the City.
Property owners are specifically referred to the schedule of proposed
assessments which will be on file in the Office of the Director of Public
Works, from which the approximate amount to be aaeesaed against
any particular lot or parcel of property may be determined.
Sed;jop 5. Im1•»1'ffl'11!11A••st-t-The removal and replacement or new
construction of the improvements deec:ribed above in and for the District, and as
shown by the plans, specifications, and maps approved and adopted by the City
Council, is hereby authorized and ordered. The material to be uaed in the removal
and replacement or new construction of said improvements is to be in accordance
with such plans, specifications, and maps.
$ectiop 6 . & ml g(fgp. The probable total coat of the improvementa to be
removed, replaced, or constructed within the District is $1,380,000; it is propoeed that
the City of Englewood will pay approximately $520,000 of said total coat. The balance
of the total cost which is not paid by the City ofEn,l-ood will be uRUed apimt the
real property located within the District and specially benefited by removal and
replacement or new construction of the improvements. The approximate amounts to
be assessed against said properties on a front foot, linear foot, or aquare foot buis
shall be as more particularly aet forth in Resolution No .40, Series of 1997; said unit
costs are incorporated herein by specific reference.
$ectiop 7. Ppymept g( & ma . The coats of the removal and replacement
or new construction and installation of the improvementa, less that portion which is
paid by the City, ,hall be aueued by ordinance upon all the real property within the
district baaed upon the benefit conferred by the improvements upon each parcel of
realty within the district. If the auessment is not paid in full within the period of
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time set forth in the 8.11111!88ment ordinance, the amount and time of payment, and
the rate and time of payment of interest shall be determined by the City Council u
set forth in the aaaessment ordinance.
Section 8. Jlmllil. The City Council hereby finds and determines that the
improvements proposed to be removed and replaced or coutruc:tecl will confer a
special benefit upon the real property within the District and a general benefit upon
the City u a whole.
Sec;tiqp 9. Sne:ehfHSy. If any one or more aec:tiom or parta of this Orclinance
shall be ad.judged unenforceable or invalid, such judpent shall not affec:t, impair
or invalidate the remaining proviaiona of this Ordinance, it beinf the intention that
the various provisions hereof are aeverable.
Sec;tiqp 10. Rs ' . All ordinances, or parta thereof, inconaistent or in c:ontlict
with this Ordinance are hereby repealed to the ut.ent cmly of such inc:onmt.ency or
conflict.
Sec;tjgp 11 . PIPHi,UTIDdlPtt4f&Defe . Thia Ordinance, after ita final
pusage, 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. At or about the time of publication of thia Orclinance, a copy of this
Ordinance ahall be provided to the County Aaeslor and the County Treasurer of
Arapahoe County and to the Diviaion of Local Government in the Department of Local
A1fain of the State of Colorado. Thia Ordinance shall become effective thirty (30)
days after publication following final puaage.
lnb'oduced, read in full, and puaed on tint readill( OD the 5th day of May, 1997.
Publiabed u a Bill for an Ordinance OD the 8th day of May, 1997.
Thom.u J . Burm, Mayor
ATTEST :
Loucriabia A. Ellia, City Clerk
I , Loucriabia A. Ellia , City Clerk of the City of Eqlewood, Colorado, hereby certify
that the above and fofflOUl( ia a true copy of a Bill for an Ordinance, introduced,
read in full, and puaed OD lint reacfinr OD the 5th day of May, 1997.
Loucriahia A. Ellis
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PPI Situ-ID
1971-3S-3-23-032 HAMPDENA VEEIS I
1971-35-3-23-033 EMERSONSTS3475
I 971-35-3-23-034 EMERSONSTS;435
1971-35-3-23-037 EMERSONSTS3401
1971-35-3-23-031 iCLARKSONSTS3426
1971-3S-3-24-001 EMERSONSTS3444
1971-35-3-24-009 EMERSONSTS;.446
1971-35-3-24-012 HAMPDENA VEE9SS
1971-35-3-24-013 EMERSONSTS3496
1971-3S-3-24-014 ~OADDRESS !J
2077-03-2-02--011 CHEROKEESTS3610
2077-03-2-02--012 CHEROKEESTS3612
2077-03-2-02-013 ICHEROKEESTS3620
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Name aad Addrea
Columbia HealthOne LLC
4643 s. Ulster St #1200
Denver, CO 10237-2IS3
Columbia HealtbOoe LLC
4643 S. Ulster St #1200
Denver, CO I0237-2IS3
Columbia HeabhOne LLC
4643 s. Ulster St #1200
Denver, CO 80237-2153
Craic Hospilal
3425 S. Clarbon St
• CO IOII0-2111
Craig Hospital
3425 S. ClarbcJa St
Enalewood, CO IOI 10-2111
Columbia Hea1tbOoe LLC
4643 S. Ulster St #1200
Denver. CO 80237-2153
!Columbia HealthOne LLC
14643 S. Ulsler St #1200
Denver, CO 80237-2153
Columbia HeallhOne LLC
14643 S. Ulsler St # 1200
Denver, CO 10237-2IS3
!Columbia HealthOne LLC
14643 S. Ulster St #1200
Denver, CO 80237-2153
Columbia HeallhOne LLC
4643 s. Ulster St #1200
Denver, CO 10237-2IS3
JnesR.Sullivm
3610 S. Cherokee St -CO 801 I0-3S26
~imocby G. Creedon
3612 s. Cherokee St
IED&lewood. co 80110-3526
~ A . .t Betty J. Joyce, 1T TEN
3910 s. Galaplao St
CO 80110-4523
Papi
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PPI Situ-ID
2077-03-2-02-014 ~HEROKEESTS3630
2077-03-2-02-015 CHEROKEESTS3638
2077-03-2-02-016 icHEROKEESTS3642
2077-03-2-14-017 11'1:'"!""'D"ONA VEW262
2077-03-2-14-018 OIEROKEESTS3644
~11YDITCH
INOADDRESS
2077-03-2-14-019 CHEROKEESTS36SO
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Michael B. Febervlry
3630 S. Cherokee SL
Englewood, CO IOI 10-3526
Glen D. Werner
3638 S. Cherobe SL
Englewood, CO IOI 10-3526
Maxine M. Molner .t Linda L. Unpr, IT Ten
3642 S. Cberabe SL
Englewood, CO IOI 10-3526 ..
Mike Lee Cooper
252W.~Ave.
Englewood, CO IOI 10-3535
John H . .t Joyce W"11e, IT 1cN
3105 S. Gilpin SL
Enalcwood, co 80110-3022
·--, v, -
Utilities Depa1ment
~S.Ellli
-. CO 80110
~J.Conb
!4021 S. Fa SL
,_ CO IOI 10-4562
IGlmview L m
4300 W"llldemme SL
2077-09-1-00-001 WINDERMERESTS4300 CO I0110-SS39 _ ... __
% Vm Sdmk Propllty Maaaaement
7730 E. Bellmew Ave. #210
2077-09-1-00-022 RADCLIFFAVEWl401 CO 80lll-260S
Loae Star Plywood .t Door Corponlioa
42S Airline Dr. #200
2077-09-l-00-03S WINDERMERESTS4460 ~oppell, TX 7S0l9-460I
Windsor lndutries, lac.
13Sl W. StmfardAve.
2077-09-1-00-037 STANFORDAVEW13Sl '-CO I0110-SS33
12077-09-1-00-031 STANFORDAVEW1301
Windsor IDdullries, lac.
13S I W. Stmfard Aw.
CO •110-5533
Noyea .t Lab Lailld Lilbillry Compmy
4590~5L
2077-09-1-00-041 WINDERMERESTS4590 -CO •110-5541
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12077-09-1-00-04 7 RAOCLIFF A VEWl300
2077-09-1--00-048 RAOCLIFFA VEWl252
~077-09-1-00-069 WINDERMERESTS4550
2077-09-I -00-070 STANFORDA VEWI 582
2077-09-1-00-073 ~OADDRESS
2077-09• l-00-074 ST ANFORDA VEWl401
2077-09-1-00-075 WINDERMERESTS4390
2077-09-1-00-076 NO ADDRESS
207 7-09-1-16-006 TUFTSAVEWl510
COOT LOTS
ALONG CURVE
20 77 -09-1-16-010 TIIOMASA VEW1515
20 77 -09-1-17..00. ~ARDENSTS4640
20 77 -09· 1-I 7-005 ~ARDENSTS4650
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0
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Na•eudAdd,-
W-mclsor lnduslries, Inc.
1351 W. Stanford Ave.
Englewood, CO IOI 10.5533
Windsor Industries, Inc.
1351 W. Stanford Ave. -CO IOl 10.5533
Lone S... Plywood & Door Corporation
425 Airline Dr. #200
CoDDeU. TX 75019-4608
Windsor lnduslries, Inc.
1351 W.SlmlfordAve.
Enatewood. co 80110.5533
Windsor lndullries, Inc.
135 I W. Staaford Ave . -. CO IOI 10.5533
DMH l'raplrlia U.C
1401 W. Slafanl A¥&. ,_ co .,,o
R.maad Ille.
14390 "---St. CO IOI 10.5539
Rmaadlnc.
14390 W'~ St. ,_
CO IOII0.5539
~oe R. & BlrtJaa A. Zyllcra, IT 'JEN
ISIO W. Tufts Ave. -CO IOl 10.5538
-------r--va ··--r---
2000 s. Holly Slr9CI
Denver, CO I0222
AIIII: 1'1111 Fonm ···------· % Daniel F. H-,.
1495 W. Thoma Ave. ,_
CO IOI 10.5577
1-ua--r. ·--
510 Powdlrban Dr.
Mon-. CO IOU2-1422
Oiarla C. H-,.
3322 W. Aklaba Ave.
Lilllllola. CO IO 123· 7924
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PPI Sita-m
~077-09-1-17--006 GARDENSTS4654
12077-09-1-17-015 GARDENSTS4660
2077-09-1-17-022 TI.JFTSA VEW1470
l20ii-09-l-l 7-023 'nfOI.• •"' • VEW1493
20ii-09-1-23-013 11fOMASA VEWISOO
2or. -09-1-23-005 rtlfOMASA VEW1480
20T.'-09-l-23--006 11fOMASA VEW1470
20;--09-1-23-0 II l'IOADDRESS
207i -09-l-23-012 WINDEJlMERESTS.1610
2077-09-1-24-001 NAV AJOSTS4501
2077-09-1-24-002 ~OADDRESS
20,-09-1-24-003 NA V AJOSTS454 I
20 , -09-1-25-002 STANFORDA VEWIJ 12
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Na-udAdd..-
u
Garden Lane Wareboules
4654 S. Garden Lo.
Eqlewood, co 80110-5541
Harold Ausfabl, et al.
~WIIIOIILn.
~ildema, CO 80123-2902
~ cl: A11unta Bcmmi, IT TEN
12111 s. Harlan St.
II • co I0227-3617
r--'""··-.r
1% Good Decal Co.
1495 W. 11lomas Ave. ,_
CO IOI 10-5577
J M cl: J lnYellmmll, Inc .
1495 W. 11lomas Ave . -. co 80110-5577
Mildred G. cl: Mary S. Harr, IT TEN
6111 s. Elizlbeth St.
,,_._ CO IOl22
L T R PlnDenbip
1470 W. 11lomas Ave. -CO IOI 10-5544
~ cl: Vqiaia Nelllpn, IT TEN
ft675 s . W'mdermm'e St. -CO IOI 10-5542
Veme S. cl: Miry Porter, ITTEN
1460 W. Tufts Ave. -• CO IOI 10-.5536
H&BEaeerprila
4501 S. Navajo St.
Ellpwood, CO IOI 10-5529
H cl: B E.-prila
~501 S. Navajo St.
CO IOI 10-5529
Ullilld Macbilla Inc .
14541 s . Navajo St.
CO IOI 10-5.529
Wiadlar ........ Inc .
13.51 W. Slafard Aw . -• CO IOI IO-m3
Plp4
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·,
PPI
AV AJOSTS4520
AV AJOSTS4SOO
AVAJOSTS4SOO
077--09-l-26-G02 WINDEllMEllESTSSO
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ames L. Popish & Jemmie M. Holtz
70 Cresdxoolt Dr.
orrison. co 80465-2232
IDdullries, Inc .
1351 W. Slafard Ave.
CO IOl 10-5533
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COUNCIL COMMUNICATION
Date AgendaNam Subject
May 5, 1997 BIii for an ordinance making
10 a i i i changes to Title 3, Chapter 8,
Firefighters' Pension Fund and
Permanerrt OlsabililY Benefits.
lnitialad 3y Staff Source
Adminlstnltlve Sen/ices Department Martin Semple, Attorney at Law
Financial Services Denartmerrt
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This bill for an ordinance makes changes Title 3, Chapter 8, Firefighters' Pension Fund and Pennanent Olsability
Benefits. City Council discussed these changes to the City Code at an executive session on March 17. 1997.
RECOMMENDED ACTION
Staff recommends City Council approve this bill for an ordinance .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Prior to January 1, 1997, the State of Colorado paid for, and administered the statewide death and disability
program for police officers and firefighters. All death and disablllty premiums for police officers ar.d firefighters
hired after January 1, 1997, must be funded by the employee, entity, or some combination to the two . In
conjunction with these changes, staff researched other City of Englewood disability related benefits which led to
the changes made by this biU for an ordinance.
This bill for an ordinance addresses the fifty-fifty split of the cost to fund future firefighters death and disability
premiums. and the cut-off date for eligibility for the twenty percent (20%) disability discussed below.
Under 3-8-1-2 of the City of Englewood Code, a firefighter "Who, as a result of Injury or Illness, is rendered
pennanently disabled, there shaU be paid to such officer, out of the "Self-Insurance Fund", definoo in Title 4,
Chapter 3, Section 7 , of this Code, a monthly benefit equal to twenty percent (20%) of his/her base salary plus
longevity, which he/she was earning at the time that he/she inalrred such disability. Such payment shall be in
addition to any benefits payable to the firefighter from the statutory Firefighters' Pension Fund .· This benefit is
administered by the Firefighters' Pension Board.
Also , 3-8-2·2-B provides that the "firefighter must, at the time of his/her appllcatlon therefor, be permanently
disabled from perfonning the duties of any occupation for which the firefighter, by reason of his/her education ,
training and experience, would be capable of performing but for the injury or Illness involved .• This language has
led to various conclusions and interpretations. The language "for which the firefighter, by reason of his/her
education , training and experience . would be capable of perfonning but for the injury or IUness involved" has
been removed.
The standard in determining whether a firefighler quallfles for the twenty percent benefit is addnlssed In the
proposed 3-8-1·2-C . The standard is the same• that UNd by the State Board In determining pennanent total
disability and requires an Independent medical verfflcallon of the dlublllty ~ be provided by a physician
designated by the City . Hopefully, these changes will clartfy the undards in awarding this supplemental benefit.
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FINANCIAL N'ACT
Tllef9 are no present and direct tlnanclal lmpeclS reganllng these Code changes.
UST OF ATTACHMENTII
Copy of bll for Ill ORlnll'ICe
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 40
INTRODUCED BY co~
MEMB£R_; ¥
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION l, SUBSECTION
2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO
FIREFIGHTERS' DISABILITY BENEFITS.
WHEREAS, for all firefighten hired on or after January 1, 1997, the State of
Colorado has mandated that the contribution toward the cost of death and disability
pension benefit shall no longer be paid by the State of Colorado, but shall be paid
through the local jurisdiction; and
WHEREAS, Section 31-31-811 (4) of the Colorado Revised Statutes requires that the
determination regarding the assessment for the cost of death and disability pension
for firefighters hired on or after January 1, 1997 shall be made at the local level; and
WHEREAS, pursuant to Section 31-31-811 (4) of the Colorado Revised Statutes,
representatives of the City conferred with representatives of the firefighters
regarding how funding of the death and disability pension for firefighters hired on
or after January 1, 1997 ia to be assessed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes
the amending of Title 3, Chapter 8, Section 1, Subaection 2, of the Englewood
Municipal Code 1985 to read as follows :
3-8-1-2: PERMANENT DISABILrrY BENEFlTS:
A . Ia ar8er M a11pple111eai .ase ineeme ef-, ~r, whe, aa a ,eNlti ef injw,
er i1111e1111, IN ORDER TO SUPPLEMENT THE INCOME OF ANY
FIREFIGHTER HIRED ON OR BEFORE DECEMBER 31, 1996 WHO, AS A
RESULT OF INJURY OR ILLNESS, i1 rendered permanently disabled, there
shall be paid to such officer , out of the "Self-Insurance Fund", defined in
Title 4, Chapter 3, Section 7, ofthia Code, a monthly benefit equal to twenty
percent (20'll,) of his/her base wary plus lonpvity, which he/1he wu earning
at the time that he/she incurred such disability. Such payment shall be in
addition to any benefits payable to the firefighter from the statutory
Firefighters' Pension Fund .
B . In order to be eligible to receive such payment, the ftreftghter must, at the time
of his/her application therefor, be permanently disabled from performiq the
duties of any occupation. fer uhieh Ille &.eAsh••, II, PHHft efhialher
etl11eaMe11, 1rai11ie1 •ti ewpel'i•••, •••~ N .,.le ef pea 1Js1 · 1 Mat fer
the i11j11P) er illeeea iauelsetl . la aleNFE 0
• I whelher •, ftrelahkr ie N
permane1111, tliaalslell, 811) .tiNltili., 1 •ti •J laawa ill;•r, er iHaeN,
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"hieh pre elli11te!I t.he iiretigMer11' e111:pl9"fflent with the Git,, shall he
!li11regar!le!I.
C . THE STANDARDS APPLIED BY THE FIREFIGHTERS' PENSION
BOARD IN DETERMINING WHETHER A FIREFIGHTER IS
PERMANENTLY DISABLED FROM PERFORMING THE DUTIES OF
ANY OCCUPATION AS SPECIFIED IN SUBSECTION B SHALL BE AT
LEAST THE SAME AS THOSE STANDARDS APPLIED BY THE STATE
BOARD IN DETERMINING PERMANENT TOTAL DISABILITY AND AN
INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST
BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY.
G. D. Payment to the firefighter of such benefits shall continue on a monthly basis,
11ubject to the following conditiona:
1 . Payment of such benefits shall cease upon the date that the firefighter
would have been, but for his/her disability, eligible to receive normal,
nondisability retirement benefits from the Firefighters' Pension Fund;
2 . Payment of such benefits shall cease should it be subsequently
determined that, by reuon or retraining, improvement in condition, or
for any other reuon, the firefighter is no longer permanently disabled
from performing the dutiea of any occupation for which he/she is
qualified; and
3 . There shall be deducted from the amounts payable hereunder an
amount equal to any income earned by the firefighter as a reault of
personal service11 (either as an employee of another or on his/her own
behalf).
D. E. The Firefighters' Pension Board is hereby granted the authority and
jurisdiction to iuue regulations, not inconsistent with the terms hereof,
designed to carry out the purpose ofthia Section, and to hold hearings, take
evidence, receive information and to make final and binding decisions,
awards and reaolutions respecting the eligibility of firefighters for initial
and continued payment of benefits hereunder.
E . F. The monthly amounts neceuary to pay the permanent diaability benefits
previously awarded shall be transferred from the Firefipten' Pension Fund
to the Self-In1urance Fund. The balance of funds remaining in the Penaion
Fund after all current recipients have ceued receiving 1uch benefits, will be
used to reduce the unfunded liability in the Firefighters Penaion Fund.
Future awards will be paid directly from the Self-Insurance Fund.
G . FOR FIREFIGHTERS HIRED ON OR AFTER JANUARY l, 1997, THE
CONTRIBUTION REQUIRED BY SECTION 31-31-811 (4), C .R.S ., SHALL
BE ASSESSED EQUALLY AGAINST THE CITY AND SUCH
FIREFIGHTER SO THAT FIFTY PERCENT (50%) OF THE
CONTRIBUTION REQUIRED BY THE STATE SHALL BE ASSESSED
AGAINST THE FIREFIGHTER AND FIFTY PERCENT (50'JI,) SHALL BE
ASSESSED AGAINST THE CITY.
Introduced, read in full, and paaaed OD lint readini on the 5th day of May, 1997 .
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Pubiished u a Bill for an Ordinance on the 8th day of May, 1997.
Thomas J. BUJ'll8, Mayor
ATTEST:
Louc:riahia A. Ellia, City Clerk
I, Louc:risbia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foreguin, ia a tnJe copy of a Bill for an Ordinance, introduced,
read in full, and paaaed OD fint reading OD the 5th day of May, 1997.
Loucriahia A. Elli•
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COUNCIL COMMUNICATION
Data Agendallam ~ Subjeet
May 5, 1997 Bill for an ordinance making
10 a iv changes to Title 3, Chapter 7,
Police Officers Pension Fund and
Permanent Dlsabilitv Benefits.
Initiated By Staff Source
Adminislrallve Services Department Martin Semple, Attomey at Law
Financial Services ,_,
COUNCIL GOAL AND PREVIOUS COUNCL ACTION
This biH for an ordinance makes changes Title 3, Chapter 7, Police Officers Pension Fund and Permanent
Disability Benefits. City Council discussed these changes to the City Code at an executive session on Marett 17,
11197 .
RECOMMENDED ACTION
Staff recommends City Council approve this bill for an ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Prior to January 1, 11197, the State of Colorado paid for, and administered the statewide dellttt and diSability
program for police officers and firefighters. All death and disability premiums for police officers and firefighters
hired after January 1, 1997, must be funded by the employH, entity, or some combination to the two . In
conjuncllon with these changes, staff reseached other City of Englewood disablllly related benefits whidl led to
the changes made by this bill for an ordinance .
This bill for an ordinance addresses the fifty-fifty split of the funding for future police officers death and disability
premiums, and the cut-off date for eligibility for the twenty percent ~) supplemental disability discussed
below.
Under 3-7·1·2 of the City of Englewood Code, a police officer "Who, as a 19SU1t of injury or illness, is rendered
permanently disabled, there shall be paid to such officer, out of the "Self-Insurance Fund", defined in Title 4,
Chapter 3 , Section 7, of this Code, a monthly benefll equal to twenty percent (20'llt) of his/her base salary plus
longevity, which he/she was earning at the time that he/she incurred such disability. Such payment shall be in
addition to any benefits payable to the police officer from the statutory Police Officers Pension Fund." This
benefit is administered by the Police Officers Pension Board.
Also, 3-7-2-B provides that the police "officer must, at the time of his/her application therefor, be permanently
disabled from perfonning the duties of any occupation for which the police officer, by reason of his/her education,
training and expertence, would be capable of performing but for the Injury or Illness involved." TIiis language has
led to various conclusions and Interpretations. The language "for which the police officer, by reason of his/her
education, training and experience, would be capable of performing but for the injury or illness involved" has
been removed .
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Tbe llandan:t In dlMrmlnlng whether • police offlcllr qualllles for tha twenty pen:enl benefit is llddr••• d In tha
popoaed 3-7-2-8. The llandan:t la • • minimum tha ume • tllal 11111d ~ tha State Board In delelmlnlng
permanent teal dlUblllly and ,..._ an llldapel .. medlcal Wl1llcallon of Ille dlublllly IIIUll be provided ~
a phyalclan ....... by tha City. Hopefully. thele dlangN wll clarlfy tha ltandards In awanlng 11111
supplemelUI banefl.
FINANCIAL .. ACT
Thare .. no pr9Nlll and dlred tlnanclal lmpac:ls regarding 11111N Code dlanges.
L.18TOFATIACHIIEN18
eopy of 1111 for an onlnance
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ORDINANCE NO.
SERIES OF 1997
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 41
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE OFFICER
PERMANENT DISABILITY BENEFITS.
WHEREAS, for all police officers hired on or after January l , 1997, the State of
Colorado has mandated that the contribution toward the cost of death and disability
pension benefit shall no longer be paid by the State of Colorado, but shall be paid
through the local jurisdiction; and
WHEREAS, Section 31-31-811 (4) of the Colorado Revised Statutes requires that the
determination regarding the assessment for the cost of death and disability pension
for police officers hired on or after January 1, 1997 shall be made at the local level;
and
WHEREAS, pursuant to Section 31-31-811 (4) of the Colorado Revised Statutes,
representatives of the City conferred with representatives of the police officers
regarding how funding of the death and disability pension for police officers hired on
or after January 1, 1997 is to be assessed ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the amending ofTitle 3 , Chapter 7, Section 2, of the Englewood Municipal Code 1985 to
read as follows :
3-7-2: PERMANENT DISABILITY BENEFITS:
A . 111 artl.er ta 11tppl@111@11tl ihe ineeme ef -, peliee aflieer re,-.11:w ef hire tlak
er !lf)nt1ie11 plMl ;;he , ae a ,1111111• ef ~-, 11P illee•, IN ORDER TO
SUPPLEMENT THE INCOME OF ANY POLICE OFFICER HIRED ON OR
BEFORE DECE!\IBER 31 , 1996 WHO, AS A RESULT OF INJURY OR
ILLNESS, is rendered permanently disabled, there shall be paid to s uch
officer, out of the Self-Insurance Fund defined in Title 4, Chapter 3 , Section 7,
of the Englewood )lunicipal Code 1985, a monthly benefit equal to twenty
percent (20%) of bis/her baae salary plus longevity which he/she wu making
at the time that he/s he incurred such disability. Such payment shall be in
addition to any benefits payable to the officer from the statutory Police
Pen sion Fund or the City's Police Pension Plan .
B . In order to be eligible to receive such payment, the officer must, at the time of
his/her application therefor, be permanently disabled from performing the
duties of any occupation. fep whieh lhe aflieer , 11, PHHII ef hialhe,
e•h1eatitH1 , ll"einiar .a e•,efte11ee , •••Ii IN .. ,.1.ie ef ,elfarains, ~-· ra,
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lhe ill;m, er i:Hnee11 ill, 111, eti. Ill tie~Plllillillg whelher an, 11flieer is 111
peP1111111ent1, tliaahleti, a tliaahilil, 111141 1111, lm11-m;11r, 11r illne11e 11 hieh
pre tmiReel the eflieer's empla,meM wiih ihe Si.,, ehaH he MaregllNetl.
C. THE STANDARDS APPLIED BY THE POLICE PENSION BOARD IN
DETERMINING WHETHER A POLICE OFFICER IS PERMANENTLY
DISABLED FROM PERFORMING THE DUTIES OF ANY OCCUPATION AS
SPECIFIED IN SUBSECTION B SHALL BE AT LEAST THE SAME AS
THOSE STANDARDS APPLIED BY THE STATE BOARD IN
DETERMINING PERMANENT TOTAL DISABILITY AND AN
INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST
BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY.
6-:D. Payment to the officer ofsuch benefit! shall continue on a monthly buia,
subject to the following conditions:
1. Payment of such benefit! sball ceue upon the date that the officer would
have been, but for his/her disability, eligible to receive normal,
nondisability retirement benefit! from the Statutory Police Pension
Fund or the City's Police Penaion Plan;
2 . Payment ofsuch benefits shall cease should it be subeequently
determined that, by reaaon of retraining, improvement in condition, or
for any other reason, the officer is no longer permanently diaabled from
performing the duties of any occupation for which he/she is qualified;
and
3 . There shall be deducted from the amount! payable hereunder an
amount equal to any income earned by the officer u a rNUlt of penonal
services (either u an employee of another or on hialher own behalf).
D.E. The Police Penaion Board is hereby ,ranted the authority and juriadiction to
issue regulationa, not inconaistent with the terms hereof, designed to carry
out the purpose of this Section, and to hold hearinp, take evidence, receive
information and to make final and binding deciaiona, awards and
resolutions respecting the eligibility of officers for initial, and continued,
payment of benefits hereunder.
F . FOR POLICE OFFICERS HIRED ON OR AFTER JANUARY 1, 1997, THE
CONTRIBUTION REQUIRED BY SECTION 31-31-811 (4), C.R.S., SHALL BE
ASSESSED EQUALLY AGAINST THE CITY AND SUCH OFFICER SO THAT
FIFTY PERCENT(~) OF THE CONTRIBtmON IS REQUIRED BY THE
STATE SHALL BE ASSESSED AGAINST THE OFFICER AND FIFTY
PERCENT C~) SHALL BE ASSESSED AGAINST THE CITY.
Introduced, read in full, and passed on fint reading on the 5th day of May, 1997.
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Published u a Bill for an Ordinance on the 8th day of May, 1997.
Thomas J. BW'llll, Mayor
ATTEST :
Louc:riabia A. Ellia, City Clerk
I, Low:riabia A. Ellia, City Clerk m the City of Eqlewoocl, Colorado, hereby certify
that the above and foregoing ia a true copy ma Bill for an Ordinance, introduced,
read in full, and puaed an &nt reading an the 5th day of May, 1997.
Loucriahia A. Ellia
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COUNCIL COMMUNICATION
DATE: May 5, 1997 AGENDA ITEM SUBJECT: Temporary Morato-
10 a V
rium on permits and licenses
INITIATED BY: Neighborhood and Business STAFF SOURCE: Mark Graham, Neigh-
Development Office borbood Development Coordinator
COUNCn. GOAL AND PREVIOUS COUNCIL ACTION;
Council Goals:
In 1996, Council committed to providing adequate opportunity for community dialogue on
significant community development issues. Consistent with that goal, staff is working closer
with residents on neighborhood-related issues. The industrially zoned property affected by this
Ordinance is directly adjacent to established residential areas that also experience significant
impacts from South Broadway. Assuring residents of compatible land use or development, re-
quires that staff study the impacts of different kinds of use and development in the defined area
and may require changing permitted land uses and/or development standards. This request is
consistent with Council's conunitment to maintaining or improving the quality of life in the
community , and also with creating opportunities for fJCOIICllllic deftlopment .
Previous Council Action:
The proposed moratorium on permits and licenses was considered on first reading April 21 .
The proposal has been amended to include only Industrially zoned property within the desig-
nated area .
RECOMMENDED ACTION;
Staff recommends that City Council approve the Ordinance establishing a temporary suspen-
sion or moratorium on the issuance of permits and the granting of licenses within the ideolified
area .
BACKGROUND, ANALYSIS, AND ALTERNATJYU IDENTIFIED;
At City Council request, staff initiated South Broadway smdies in May , 1996 . Staff summa-
rized the concepts, issues, and strategies for improving Soulh Broadway in the South Broad-
way Action Plan (SBAP) 1997 . The conceptl, issues and suarqies of the SBAP were wani-
mously approved by Enalewood Plannioa and Zonioa Commission on February 19 , 1997 . City
Council unanimously approved Soulh Broadway Action Plan Concepcs, Strategies and Actions
at the April 21 , 1997 City Council meeting .
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The proposed Industrial Zoning Moratorium Ordinance is necessary to provide time for staff to
complete a study of existing and potential land uses on Industrial zoned land bounded by Yale
Avenue on the nonh, Dartmouth on the south, South Santa Fe Drive on the West and Delaware
Street on the east. The defined area is identified as a major redevelopment opportunity with
potential impacts on Broadway and the adjacem neighborhoods in the South Broadway Action
Plan.
In 1997, staff initiated efforts to discover the e~ of enviromnenlal hazards associared with
redeveloping the industrial property in the defined area. SCaff n:quires additiooal time to con-
duct environmental assessments and evaluate appropriale actions for addressing site conditions.
Staff is also working to locate funding for buard assessment and remediation in the event that
is required .
FINANCIAL IMPACT;
No new license or permit revenue will be received for the defined area for eight months. It is
difficult to predict the value of that loss.
LIST Of AT[ACHMENTS;
Bill for Ordinm:e u amended
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ORDINANCE NO. _
SERIFS OF 1997
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BY AUTHORITY
ABILLFOR
COUNCIL BILL NO. 33
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR
MORATORIUM ON THE ISSUANCE OF PERMITS AND THE GRA.'ITING OF
LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH,
DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON
THE SOUTH, FOR A PERIOD OF EIGHT MONTHS.
WHEREAS, the current zoning for the property located between Yale on the North,
Delaware on the East, Santa Fe on the West and Dartmouth on the South, ("property")
a description of which is attached aa Exhibit l, is antiquated and needs to be updated;
and
WHEREAS, the City Council desires staff to pursue environmental concerns aa
well as funding for remediation of any environmental hazards; and
WHEREAS, staff will need sufficient time to review and work through the possible
rezoning of the "property" and environmental concerns; and
WHEREAS, the Englewood City Council deema it neceuary to coordinate the
review of the rezoning and environmental reaearch of the "property" and finds it
appropriate to ceaae permitting and the granting of licemee until the review and
revised zoning baa moved through the planning and zoning proceaa; and
WHEREAS , the revisiom to the zoning will help to protect the public health, safety
and welfare within the City's zoning limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Secti on 1. The Englewood City Council eatabliahes a temporary 1uspenaion or
moratorium on the iuuance of permita and the granting of liceDllel as to the
industrially zoned portions of the "property" described in Exhibit 1.
Section 2 . The Englewood City Council directs City 1tafl'to develop appropriate
recommendatioD1 to Council , within eight montha, to be conailtent with thia
Ordinance for the "property" described in Exhibit 1 and llhall provide
recommendations aa to the environmental remediation and zoning of such property.
Section 3 . The Englewood City Council finda the proviaiona of thia Ordinance are
temporary in nature and are intended to be replaced by subsequent legialative
enactment. Thia Ordinance shall terminate on February 5, 1998.
Introduced, read in full , and amended on firllt reading on the 2111t day of April,
1997 .
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Reintroduced, read in full, u amended and pueed OD fint reading OD the 5th day
of May, 1997.
Publiahed u amended u a Bill for an OrdiDanc:e OD the 8th day of May, 1997.
'lbomu J. BW'DII, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City ofEqlewood. Colorado, bm'eby cstifJ
that the above and fonaoinl is a true copy of an amended Bill for an Ordinm,
introduced, read in full, and puaed OD fint readinf OD the 2lat day of April. 1997.
Loucriabia A. Ellia
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COUNCIL COMMUNICATION
DATE : Moy 5. 1997 AGENDA ITEM SUBJECT: Sale of Properties
10 a vii developed for Project BUILD
INITIATED BY : City Manager/Housing STAFF SOURCE : Jerry Nestler. Housing
Authority Specialst
COUNCIL GOAL AND PMVIQUS COUNCIL ACTION;
The City Council has allocated $500.000.00 from the General Fund for Project BUILD. The
money is to be used to purchase existing residential properties and develop new housing stock
according to a policy approved by the City Council.
RECQMMINHD ACTION;
To pass an ordinance approving the sale of the following properties developed for the BUILD
Project: -4101 South Acoma Street. 2135 West Adriatic Place. 3239 South Logan Street. 3736
South Inca Street and 37-40 South Inca sir.et. The Properties wil be sold for no more than
seven percent above the appraised value. and no less than seven percent below the
appraised value.
JACKGRQUNP. ANALYSIS, MP ALJIINAJJYA IPMDDIPi
In 1990. City Council recommended a~" be ins1ituted In Englewood whereby newly
cons1ruc:ted. single family homes replace seriously dilapidated or obsolescent homes. New
homes would also be built on vacant land. This recommet ldation has also been incorporated
into the draft CompiehellSive Plan for the City.
QNANCIAL IMPACT;
The developed properties are to be sold to private parties who have their own financing. The
City funds that were used to purchase and develop each property wit be returned to the
BUILD fund when the property Is sold and the new loan Is closed .
UST OF ATIACHMJNTS;
Proposed bill for an ordinance .
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ORDINANCE NO. _
SERIF.8 OF 1997
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BY AUTHORITY
A BILL FOR
OOUNCil. BILL NO. 85
INTRODU~CIL
MEMBER~~"""""""N-1""'"'"-"'=-~
AN ORDINANCE APPROVING THE SALE ON THE OPEN MARKET OF FIVE
PROPERTIES, WHICH WERE DEVELOPED FOR THE "BUILD" PROJECT.
WHEREAS, the Englewood City Council allocated $500,000 from the General Fund
for Project BUILD; and
WHEREAS, in 1990 the Englewood City Council recommended a program be
imtituted whereby newly constructed, llingle-family homes are built to replace
seriously dilapidated or obBOlete structures, or are built on vacant lots; and
WHEREAS, five such developed prc,pmties are ready to be BOid to private parties
who will secure their own financing, thereby replacing the City funda used and
returning them to the BUILD fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Se<;tion 1 Approval ill hereby civen for the sale of five properties which were
developed for Project BUILD. Said propmtiea will be aold to private partiel who lball
aecure their own financing and the City fanda, which were uaed to purcbw and
develop aaid propertia, lball be retuned to the BUILD fund. 1be sale priee ill to be the
fair market price hued on appraiaal plua er miDua aeveo percent (7'1>).
$e<;tiqp 2 The followin& t* ope.UN to be aold are properties which were developed
for Project BUILD:
1. 4101 South Aama StrNt
2. 2135 West Adriatic ..._
3 . 3239 South Lopo Street
4 . 37:6 South loca Street
5 . 3740 South Ioca Street
The sale of these propertiea lhall require the ~ to qree by aeparate
document u follow •:
1 . The purchuer ahall be the oc:cupuat.
2 . The pun:h&Nr ahall oot own any other reaidmm on the date al tranafer cl
deed to the above propertiea.
3 . The property may oot be rented by the owner durinc the fint three (3)
yean of ownenhip.
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Sed;iqp 3. 'l1le Mayor and the City Clerk are authorised to esec:ut.e the proper form of
de.t for tbe COllYeyBDCII oftmae properties punuant to Section 71 oftbe Englewood
City Chart.er.
Introduced, read in full, and paaaed on tint reading on the 5th day of May, 1997.
Publiahed as a Bill for an Ordinance on the 8th day of May, 1997.
Thomas J . Bum.a, Mayor
ATTEST:
Loucriabia A. Ellis, City Clerk
I, Low:riahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foreaoinl ia a true copy of a Bill for an Ordinance, introduced,
read in full, and pauecl on tint reading on the 5th day of May, 1997.
Louc:riabia A. Ellia
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
COUNCIL BILL NO . 26
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT
BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF
THE COLORADO DEPARTMENT OF TRANSPORTATION , OFFICE OF
TRANSPORTATION SAFETY (COOT OTS) TO RECEIVE OCCUPANT
PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT
FUNDING FROM APRIL, 1997 THROUGH JUNE, 1998, FOR THE PROMOTION
OF SEAT BELT AND ClilLD SAFETY SEAT USE IN COLORADO AND THE
ENFORCEMENT OF LAW IN THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Department of Safety Services has submitted a
letter of intent to the Colorado Department of Transportation, Office of
Transportation Safety to receive Occupant Protection Twilit Campaign Federal
Highway Safety Grant funding from April, 1997 through June, 1998, spanning both
the 1997 and 1998 federal fiscal years, for the promotion of seat belt and child safety
se · .t use in Colorado and the enforcement of laws pertaining to Ulle of occupant
protection restraints, pursuant to Section 42-4-236 through 42-4-237, Colorado
Re ·.rised Statutes; and
WHEREAS , Colorado Revised Statutes Sectiom 42-4-236 and 237 , require the use
of child restraint systems and safety belt systems in motor vehicles; and
WHEREAS, federal highway safety funds have been made available to the State
under Title 23 U .S .C . Section 402 for increaaing the enforcement and education of
safety belt and child car seat use in Colorado; and
WHEREAS , the Colorado Department of Tranaportation, Office of
Transportation Safety is responsible, under SectiODll 24-42-103, 43-1-103(2), 43-1-105
and 43-4-402 C.R.8 . and Title 23 U .S .C. Section 402 to adminiater the funds for that
purpose; and
WHEREAS , the COOT OTS has created the Occupant Protection Twist Campaign
to encourage local authorities to increase the use of safety belts and the use of child
restraint systems by the state's children by providing grants of Title 23 U .S .C.
Section 402 federal highway safety funds to local law enforcement to aid in the
enforce ment and education of safety belt and child car seat use in Colorado ; and
WHEREAS , the St.ite is authorized to allocate the occupant protection
enforcement mini-grant funds by contract to local authorities (cities and countin);
and
WHEREAS , the federal hichway s afety grant funds are anticipated to cover two
federal fiscal years and the parties desire to Contract for that entire two year term,
provided that the second year of that term ia made 1ubject to the availability and
budgeting of federal funds for that purpoae ; and
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WHEREAS, the total budgeted amount for Occupant Protection Twist Campaign
Contract with the City of Englewood is in the amount of $6,.00; and
WHEREAS, the City of Englewood undentanda that the project Contract term
covers parts of two fiacal years (1997 and 1998) and that this Ordinance is intended
to approve the participation and obligation of Engl-ood for both fiacal years,
subject to the availability of federal funding for the 1998 fiacal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AP, FOLLOWS:
Sectjgn 1. 'lbe interpvemmental contract between the State of Colorado, for the
use and benefit of the Colorado Department of Transportation, Oftic:e of
Transportation Safety (CDOT OTS), and the City of Englewood, a copy of which
marked Emibit A, and ia attacbed hereto and incorporated herein by reference
known as the Occupant Protection Twist Campaign Contract NA 26, is hereby
approved by Englewood City Council.
Soc;tigp 2. 'lbe Mayor and City Clerk are hereby authorized to sign and atteet aaid
Contract on behalf of the City of Englewood.
Introduced, read in full, and paased on fint readin( on tbe 21at day of April, 1997.
Published u a Bill for an Ordinance on the 2'th day of April, 1997.
Read by title and paased Oil final reediDc OD the Mb day of llay, 1997.
Publiabed by title u Ordinance No.~ Serie1 of 1997, on tbe Mb day of May,
1997 .
Thomu J. Burns, Mayor
ATTEST :
Loucriebia A. Ellia, City Clerk
1, Louc:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and fonaoilll ia a true copy of the OrdiDaDce paased on ftnal
reading and publiabed by title u Ordinance No .~ Seri• of 1997.
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DEPARTMENT OR AGENCY NUMBER: __ _
CONTRACT ROUTING NUMBER:-----
CONTRACT
THIS CONTRACT, made this day of , 199_, by and between the State cf
Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation
-· Jfety, 4201 East Arkansas Avenue, Denver, Colorado 80222 hereinafter referred to as the State or "COOT
OTS" and the City of Englewood, for the use and benefit of the Englewood Police Department, 3615 S . E:.;ti
Street, Englewood, CO 80110 hereinafter referred to as the Contractor.
WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number
~oo , Appropriation Code 303, Org . Unit 9815, Contract Encumbrance Number 9115, GBL NA26, and FEIN #
846000583, for the financial obligation of the State under this Contract for the 1997 federal fiscal year, ending
9/30/97 . New numbers must be assigned and sufficient funds encumbered effective 10/1/97 for the financial
obligation of the state under this contract for the 1998 federal fiscal year, ending 9/30/98; and
WHEREAS, required approval , clearance and coordination has been accomplished from and with
appropriate a1;;encies ; and
WHEREAS, sections 42-4-236 and 237, C .R.S. (1996 Cum . Supp.), require the use of child restraint
systems and safety belt systems in motor vehicles, under the conditions described therein ;
WHEREAS , federal highway safety funds have been made available to the State under Title 23 U.S .C .
Section 402 for increasing the enforcement and education of safety belt and child car seat use in Colorado;
and
WHEREAS . the Colorado Department of Transportation (COOT), Office of Transportation Safety (OTS)
is responsible , under sections 24-42-103, 43-1-103(2), 43-1-105 , and 43-4-402, C .R.S., and Title 23 U .S .C .
Section 402 to administer those funds for that purpose; and
WHEREAS, the COOT OTS has created the Occupant Protection Twist Campaign . to encourage local
authorities to increase the use of safety belts , and the use of child restraint systems by the state's children by
providing grants of Title 23 U .S .C . Section 402 federal highway safety funds to local law enforcement to aid in
the enforcement and education of safety belt and child car seat use in Colorado; and
WHEREAS , the State is authorized to allocate the occupant protection enforcement mini-grant funds by
contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the
implementation of local programs developed by the local authorities for occupant protection enforcement; and
WHEREAS. the federal highway safety grant funds are anticipated to cover 2 federal fiscal years, and
the parties desire to Contract for that entire 2 year term, provided that the 2nd year of that term is made
subject to the availability and budgeting of federal funds for that purpose;
WHEREAS , the Contractor has submitted a Letter of Intent to accept such federal highway safety grant
funds and to perform such enforcement work, pursuant to the terms of this Contract; and
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WHEREAS , the Contractor has available the technical ability to properly perform the project and to
address the occupant protection enforcement objectives of the COOT OTS; and
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WHEREAS, this Contract is executed by the State under authority of 29-1-203, 24-42-103.
43-1-103(2). 43-1-105, and 43-4-402. C .R.S .. and Title 23 U .S.C. Section 402, and by the Contractor under
sections 29-1-203 and 30-11-101 , 31-15-101 C.R.S . or home rule charter, as applicable, and the attached
resolution .
NOW THEREFORE, it is hereby agreed as follows :
1. The Contractor's Letter of Intent. the COOT OTS Contract Management Manual dated October 1.
1994, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, Band Care incorporated herein
by this reference as terms and conditions of this contract. The Contractor acknowledges that it has received
copies of the COOT OTS Contract Management Manual, the Application Guidelines. and the State Highway
Safety Rules . The Contractor shall comply with all terms and conditions of this Contract. In the event of a
conflict between the terms of this Contract and the terms of the incorporated materials, the following priority
shall be used to resolve such conflict:
A. State Highway Safety Rules; then
B . COOT OTS Contract Management Manual and Guidelines ; then
C . This Contract; then
0. Attachments A , 8 , C , in that order; then
E. Letter of Intent.
2 . The Contractor shall carry out the program and shall perform the activities which are specifically
described in the contract and are generally described in Attachment A (collectively , "the project").
3 . The Contractor shall submit timely reports to the State detailing the performance of each one of the 8
"enforcement waves". as described in Activity # 3 of Attachment A , according to the contract specifications
and reporting criteria described in Attachments A and B .
4 . Projed fyndjng proyjsjons . The total budget amount authorized by this Contract for the actual costs
of the project work is $800 per wave. as described in Attachment C . The State shall pay this total budget
amount. as provided herein.
a. Stata's total share (1997) $2,400
b. Stata's total share (1991) $4,000
4 . A. Provided , that if Contractor does not perform any one or more of the 8 "enforcement waves", as
described in Activity # 3 of Attachment A and within the specific dates provided therefore . according to the
contract specifications and reporting criteria described in Attachments A and B. then the Contractor shall not
be reimbursed for any wave or waves that it did not so perform. Provided, further. that the State's obligation
for the total share for federal fiscal year 1998 shall be contingent upon those federal funds being appropriated .
budgeted , and otherwise made available to COOT OTS therefore, and the Contractor shall not perform any
part of the 1998 federal fiscal year services described herein until COOT OTS provides written notice to the
Contractor that the 1998 funds are available . Any such work performed by the Contractor without that notice
shall be at Contractor's sole expense and shall not be reimbursed by COOT OTS .
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4 . 8 . The Contractor has agreed to provide the services and at the rates and on the terms as described
herein as needed to satisfactorily perform and complete the Contract work for a term spanning both 1997 and
1 S98 federal fiscal years , subject to the availability of funding. Funds are currently available and encumbered
for the work for the 1997 federal Fiscal Year in the amount specified above, but no funds are currently
encumtered for the 1998 federal Fiscal Year. The State, unilaterally, has the right to increase the amount of
available funds under this Contract. In that event, the State will notify the Contractor thereof by Funding
Letter. The Funding Letter will be in a form substantially equivalent to that in Attachment D , and it shall not be
deemed valid until it shall have been approved by the State Controller or such assistant as he may designate.
4 . C . The State shall use the occupant protection mini-grant funds exclusively to pay 100% of the actual
costs incurred by the Contractor for the project work up to the State's maximum share amount of 100% of
$2,400 TOTAL. Provided , however, that the State's maximum share shall not exceed the amount of $2 ,400
for any reason, including if the Contractor voluntarily pays more than the minimum amount required of the
Contractor under this contract, unless this contract is supplemented in writing to that effect prior to the
incurring of any cost in excess of the total budget amount.
4 . D. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind
services exceeding its contract amount requirement in order to establish the project on a permanent basis,
provided that it is expressly understood that any such voluntary payment or services shall not increase the
State's maximum share under this contract .
4 . E. If the Contractor incurs project costs which exceed the budget amount without first obtaining an
approval in that amount by written contract amendment, the Contractor shall be solely responsible for the
payment of such excess costs.
4 . F . The State's share of the total budget amount will be provided solely from the occupant protection
enforcement mini-grant application funds . Any obligation of the State under this Contract is contingent upon
occupant protection enforcement mini-grant application funds being available for this Contract and upon the
Contractor carrying out the eight scheduled enforcement waves .
4 . G . The State will pay the Contractor for the State's share of actual costs incurred on a monthly basis ,
subject to prior review and approval by the State of wor1( performance and pursuant to payment procedures
contained in the COOT OTS Contract Management Manual. The Contractor shall maintain an itemized ac-
counting of all billings and other records to support all costs charged to the Contract and shall present same to
the State upon request .
4 . H. The obligation of the Contractor for all or any part of the payment obligations set out herein shall
only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of
the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's
obligations described herein have already been legally appropriated through 9/30/97 by the Goveming Body
for the purpose of this Contract. Continuation of this project through June 30 , 1988 will be solely dependent
on available federal funds in fiscal year 1998 .
5 . The effective date of this contract shall be the date the Controller of the State of Colorado approves
this contract. or such later date specified herein . The Contract shall begin after April 1, 1997 and terminate on
June 30, 1998 .
6 . The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must
meet all applicable State and Federal requirements and must be approved by the Office of Transportation
Safety prior to execution by the Contractor.
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7 . a) Termjnatjon Pue to Loss of fyndjng. The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the
purpose of contracting for the services provided for herein . Therefore , the Contractor expressly understands
and agrees that all its rights , demands and claims to compensation arising under this Contract are contingent
upon receipt of such funds by the State . In the event that such funds or any part thereof are not received by
the State, the State or Contractor may immediately terminate this Contract.
b) Iermjnatjon for Cause . If, through any cause, either party shall fail to fulfill in a timely and proper
manner the obligations under this Contract, or if either party shall violate any of the covenants , agreements or
stipulations of this Contract, the non-breaching party shall thereupon have the right to terminate this Contract
for cause by giving written notice to the breaching party such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination . In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other
material prepared by the Contractor under this Contract shall, at the option of the State, become its property,
and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above , the breaching party shall not be relieved of liability to the non-breaching party
for any damages sustained by the non-breaching party by virtue of a breach of the Contract by the breaching
party , and the State may withhold any payments to the Contractor for the purpose of set off until such time as
the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching
party .
c) Termjnatjon for Conyenjence . Either party may terminate this Contract at any time that it determines
that the purpose of the distribution of monies under the Contract would no longer be served by completion of
the Project. Such party shall effect such termination by giving written notice of termination to the other party
and specifying the effective date thereof, at least twenty (20) days before the effective date of such termi-
nation .
8. The Contractor shall adopt a resolution substantially in the form presented by the State, which
approves this Contract, and authorizes a signatory to execute this Contract. A copy of such resolution shall be
attached to and made a part of this Contract.
9 . INDEPENDENT CONTRACTOR RELATIONSHIP . THE CONTRACTOR SHALL PERFORM ITS
DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER
THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE. OR SHAU BE
DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR
AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE ANO THAT THE STATE DOES NOT
PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION , EXPRESS OR IMPLIED , TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE
AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) ANO
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL
BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEES AND AGENTS .
10. The Special Provisions are attached hereto and hereby made• part hereof aa terms
and conditions of this contract .
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11 . The Local Agency/Contrador shall be cognizant of and fully comply with all federal
requirements applicable to the performance of the Work, and/or applicable to any proc:urement
for the Wortt. under this federally funded contract. Such requirements include TIiie 49, Code of
Federal Regulations, Part 18, unless other applicable federal requirements are more specillc and
therefore supersede the provisions of 49 CFR Part 18. Part 18 requirements include, m1bm4
Jjmjtatjon :
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a) the Local Agency/Contractor shall follow applicable procurement procedures, as required
by section 18 .36(d);
b) the Local Agency/Contractor shal request and obtain prior COOT approval of dWlgN to
any subcontracts in the manner, and to the exlllnt reqund by, applicable provisions of
section 18.30;
c) the Local Agency/Contractor shall comply with section 18.37 concerning any subgranta;
d) to expedite any COOT approval, the Local Agency/Contractol"s attorney, or other
authorized representative, shall also submit a leller to COOT certifying Local
Agency/Contrador compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
e) the Local Agency/Contractor shall incorporate the specific contract provisions described
in 18 .36(1) (which are also deemed incorpolated herein) into any subcontract(s) for such
services as terms and conditions of those subcontrads .
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IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed
by their duly authorized officers the day and year first above written .
City of Englewood
Contractor:----------Position : Thomas J. Burns, Mayor
Contractor: _________ _
STATE OF COLORADO
ROY ROMER, GOVERNOR
By __________ _
MATTHEW A. REAY, MANAGER
TRANSPORTATION SAFETY ANO
TRAFFIC ENGINEERING BRANCH
Position: Al Stanley, Safety Services
APPROVED AS TO FORM :
City of Englewood
Daniel L. Brotzman, City Attorney
ATTEST : ATTEST :
City of Englewood Chief Clerk
Loucrishia A. Ellis, City Clerk Oepal1ment of Tra,sportation
CLIFFORD W. HALL
Controller
AfPROYALS
GALE NORTON
Allomey General
BY------------~ BY-----------~ BARRY B. RYAN
Auiltant Attorney General
Civil Litigation Section
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GEORGE MCCULLAR
Controller
Department of Transportation
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Attachment D (Contract Funding Letter)
Date :------
TO: Director Allen Stanley
Englewood Police Department
SUBJ: Contract Funding Letter
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In accordance with Paragraph 4 . A. and 4 . 8., between the State of Colorado, Department of
Transportation (COOT) and the City of Englewood covering the period of April 1, 1997 through June 30,
1998, the undersigned commits the following funds to the contract:
The amount of funds available and specified in paragraph 4 . C. is increased by $4,000 to a new total funds
available of $6,400 to satisfy orders, or to complete the perfonnance of wort<. under the c.lntract.
Paragraph 4 . C . is hereby modified accordingly.
This funding letter does not constitute an order for services under this contract.
Thia funding letter is effective upon approval by the State Controller or such assistant as he may
designate .
State of Colorado:
Roy Romer , Governor
By : _________ _
MATTHEW A. REAY , MANAGER
TRANSPORTATION SAFETY AMIJ
TRAFFIC ENGINEERING BRANCH
APPROVALS :
FOR THE STATE CONTROLLER
Clifford W . Hal
By : _________ _
Stale Comroller or Deligr,ee
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I . nis cac1Xt 111u111-be -valid aul ii aa111anc -_... i,,, mc C-lcr of Ille Saale olColwadoor _. -•Ille .. ,--. Tllil
,...,,,_.. it a,plicablC' io .. ,. coacnct ia¥0h,ao1 die pa,-ca1 of 1DOH:, by chc Swc.
FUND AVAILABILITY
2. Fi11MC1~ Nli1auoas of tbc Sease ol Colorado payable alacr 11w unnt fiaal year arc coatiaacn, u,-f1111Mt1 for 111.a, ,.,.,... Nia& .,,,.,,.... ........
aad 01llletw11C llladc ••·a.lM&c .
BOND REQUIREMEST
J. fr this COllll'KI in•ol•a dtc,.,.... o( .... IUII faftJ I ....... dollars fo, die COIISlneliN. ffKlioa. repaa,. aaiMcaucc. OI' iafca, ...... el ay .......
-. llridsc. •i-1. ··-•· caca•oaioe .... ..., ,-lie -ror dlis s ..... Ille --· 11cr--., -111c pcrf-of..,. _, --• ••-net. d•I~ ucc•1e ...t •1;...,, oo Ille S-oll",cial •• will lip Ille-. a ..... ••ff"ocietu -----_,, oo lie --i,,,
..Wofflcialiaapc••l----•--llalrellklOIOl_pc,_..,. .. _e1 __ Sea_1llallllcMlyc_..,•...,. .. _ _.,._,;_.,,...Ille, • .., .. ,.,r-·---·-----irlllc-orllis--rail .... ,,., r.-.
a.-. ma1eri1l1 .1cam hire. IIISlalallCc. ,....i,.ioa. ,,...... ... odler 1-,plia ..... c.......a It!' MdlCOIIU'ICIOfOI' Ilia allcoalnclel'ia ,...,.,.... eldle..,.,
coatractc-4 ta he done l)r fails 10 pay •Y PffN11 wN -,plies mW maclliaay. 100l1. or ........ ,•• •lie ptOMC"u1ioll of Ille worll: die IINWIY •ill ,.y 1M..., •
• ...... INN oceca1n1 tM .... speciflN HI dill: Nlllll aoaclMf w11D illl&ffll a11M,...., .... ,o caa ,a ....... IJtdeu 111Ctl .._. .. cuc:M&CL dch-.tH IN
IIIM.•clai.,ia(a•oror111c---.----• •.-_al-•,.._ A-,ilidw-·•-•·---,.,-
101k T-ollk Swcof~-, •-4• U.. ela-. n..--ilill~widl CIS Jl-26-106.
INDEMNlnCATIO!II
4.. Telk __ .., law ... _ _.._.,, ______ 5-iu..,._...t ............ -,-all-..
........ .-i;.,. .... _ ..... _..,._..,_., _ _,,,_ __ ·_·_, ______ ..,, .. ___ 1u..,.._
...._, I ws.•...,_,__ .... _eldlia-,.
S.11a ___ .....,_.. .. __ .,_.el .. C:......4 17 I Aa-,flf57.a ____ ..,.._ _ _..,.. ......... ____ .....,_,.....(Clll~--...... ..,, ....... CWar. ..... 0,,...,-~Mlila,-""' 16.
lffl.,,_ ___ ,.._.,.,,_.._ ...... ~ .... ,__., .. ·-.,.... ............ _ . ., ... _ .. _ ...... ........,
(a)'ne-wlllw&d I ...... _,.....,_ • ..,._._ re,_..__,_..._...._ ..... ..._-.
..tlal_lllipa._, .......................... _ ....................... ..,.__ ........... .. ..,,.,.. _____ qi,_........................ ... ............... _ .......... ~ ...,.,.. ............. -..s............... ,..... _.,.., ........ ., -...... ,.,............. n.-..-·-· .............................. .. w1w ... ,_....,, .. --...._ ......... ...,.....,._ I I •. ..._
(ll)Tlle-wilLiaal I 111 I ••a I .. .....,.. ...... .., •• ......,., .. _, __ .,..._...,._ ..
-i..-*nlioara ,z ;w .......... _...., ..... _........, ... __._......__,,.--,.,.........._ ......
cc1n.--•wiU ... •acll-.. .... a.+ ·.,., ...... _...._. .. .,..-.........._ .......... -•
..... ,. ..... in ........... .., .. __............................ . ., .. _.. . ......
e-... ONtr. Eq.i o,. .. ,,-Am...iw-.-A,ril 16. lffl ... ., .................. ..._Ollalll., .. a..-.
c•>n. __ .._ ___ .. ...._ • ..,......,. ..,.....,....,.._.. a.r ...... ~-AalclliollMliellet A,riZ
16. Bffl. •3'!' , ................ Ol*net•a..a-.a,._ ...... _ .. ,___ ... ...._ ..... _._.., ..
_....,.,_,. ... 1111.nz.et•O.-..•llil--.-.. ...,...i · I I •-~ ... ---. ....... --
l«lA._-,.,ui•wiU ___ ~---,..ali(IMC..'1111 .............. ia--...... _, ... .......
r.--.1up ,ft_. ...................... ...-.,o1 .. -. ......... ..,.,_._..,._, __ o1_ ......... _
....... ..., Ol'lfl!I. Of....,,.
Cf) A._ .,..,ui ... a .. ......,..._-. lllll'lol wiU --. ..._ illcill, __,., __ 1111 -S el-, aa..._. a --•• ditm _______ _,,_ ... ...,.,.., ...... ,........, .. _. • .., __ -. ............ ....,
ar -.1,.10 com ... ,•, -•r-·--IO lie dllC--,.
-6-ACOll .,._,,.,
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(S) In the cvcn1 of the conuac1or · s non•compliaace wilh rM noa~iKriminalion clauses ot this cor.tracr or wi1h any of HCII nllcs... rcplaaioa.L or ordcr1..
.1hi1 contnc• ma,· be canceled. 1ermina1ed or suspended i• •Mk o, ia pan aad the conarxaor may be dec lared incli&ible fo, f1111bcr Saaac canuacu in
accordance wiob pn,cedures. au,harizcd ia Eucuaivc Onkr. EApaal Opponuaiay and Affinnaoi•• Action or April 16. 1975 -die nola. n:pla&i-. or
orders promulfaacd ia accordance thctcwida. and sucfl Cllbct sant1ions u may be impowd and remedies as may be invoked as prowidcd i• Eacani•c Order.
Equl Oppanuaity MIii Arfmnaaiwc Aaicm ol April 16. 197S. or 11J nola. r&pwions. or orders promulsll&d ill accarducc dlcrswilll. or u oabcr,wise
provided by law.
C'l 111e coa11ac1or wiU include die pn>¥isioas of .......... (al •-P (II) ia every sub-con:raca aad subc0Mn<10r purc-order ualcu eaempccd by
.. 1cs. rcpl11ions. or onlcrs issued...,.._,. EUCllliwc °'*'· E4al Opponlllliay -Arfirma1i.., Acaioa or April 16. 197S. IO 11w -b pro,,isiou will
lie billdiq •poll ucb sabcOlllnClor or-· '111c-wiU aa1rc -IClion widl ICapcct 10 uy sub-c-nc1•1 or pu,cllaw onlcr u Ibo c-.cuaa
a-,-..,. direct. as a -ol a,f....,;.1-",....... illclaollills ....._. for --c-pliancc: pntwi*d. ........... -ill ... ._ die <OlllnCIDr
--. ;n..,lvcd in.or i11brcaocacd witll. liaipc1aa. wi*dlc--or¥Clldoruaresull orlllClldi1CCUNbydlc-.1ascnc1.1Mcaa11ac1or
,aay ....-die SlaM ol co1...-io-ialo-" liliplioD 10 pNIIICI 11,e imcral of Ille Saaac of ColorMo.
COLORADO LUOR PREFERENCE
!\a. l'NM11ioasol0S 1-17-101 A 102 , • ....,.._ af C:-.--applicalllc 1011&is-1rae1 if poalllic -willlill lllc s------
att f-•• -• ia,-. IIJ S... f-.
t, . .._ ......... _. '•• poallUc injocl i1 ••-••-.•--lllall be a1-..apn:1-apiu1 •----
;a ... IIU nr furct;ft C'9111Mtr ,...11e1 tlw prdc'fnce: riwn r.,......""' die iU&C cw fOft'iJn co.a,,,. i• wtuctl Ille -·residca& llidda' i1 a ....... If ii ii..,___. 117
,he: oll1n:-n:"f'O!l"lllr fur a•&hb .. 1M 1114 llaal ~aaacc .... dab ~:uNt .lie-~· c.-.n,"' «ftw.: ~=· fclkr•I f.:;Dds •hicb would odlcrw11e be a,:ail*c or ... w
o .llct'WiH IN ......... widl ··~ ·, f ef,..,., .... -.111111ecw ..aa IJc ............ IMtl oal: 10 &lie UICM ncccuuy. pNYCal ..... ol ..... ,. •• IO c1_ .. _,..;..,_ · casa.,,.,0, .. 1021
GDIERAL
,. 111 laws af .. S-tlC.---• .... _ ...--....---IIO applied ia .. -.. lioe U-. --., .. -. Aay---tldlia ____ ....,__., _____ ,_ ....... .,_,_;.loialllN)'•---
ia_ ia .................. -.-............. ....._. .. _ ..._ .....,.._._,,..........,.... .... .,..,_ -_. ............ .,-.-...-............... ..-._.._.. ........ ., ......... .._..,_"......._ .__ __ ,..,., _______ .., .. __ e1 .. __...;a ___ ........ e1 ... _____ _
couaa is ca,ulc ol c&ee'IIINNI . ·
I.Allll_.,.. .. ,..._e1 ... _ .. c--_.....,. __ • ..,..... ......... _.._ ...... ___ _ _____ ... ____
,.n....----_,-,...._c:u...-. ... &_cao-, .. c:...,.11111-1-as1..._.,.&_~e1-0111a1. ----"---·..-. . ... ,.. ....... ___ .. ........._ __ .....,_ ... .,,__ .......... _______ ......, ....... _
'IIIT11IISSWIIIQOF ........ -----c----,11111 ..... -.
,_ .. AC fl!C
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J9!l •SJ.•1-1t.M
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STA ft Of C'OUlaAIIO
aoTaOMD.GO
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COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT OBJECTIVE PLAN
State Program: Public Ways Contracting Agertcy: Englawood Police Department
State Sub-Program: Transportation Safety Project Coordinator: Diredor Allen Stanley
Problem Solution Plan: Occupant Protection ~ntract Period: E"9clive date through 6/30/98
broject # NA26 HSP# ~ask#
pbjedlve :
Englewood Police Deparlment: To encowage local law enlorcemenl .,,an to agg,w;Ally enlolm occupant ,_. i.s
willlin Ille City of Eng-«ICI llllough a CIIINlinalion of m..... ---publiC educallan , -effallS and
pe,forming Ille aclivilies described in the Apptoved Occupant P1'0ladlan Twill C...-gn Corhct •
IIUfflfflarized below.
T•k
Activity I Activity O..Crtptlon
1 Provide law enforcement per-,net within the City of Englewood for overtime enforcement of Colorado's
occupant restraint laM. with an emphasis on the primary child passenger law as stated in the Approved
Occupant Protection TWIST Campaign Contract.
2 Encourage the City of Englewood ofllc:ers to i.-trafllc citations for violations of Colorado's occupant restraint
laws , where officers determine in !heir judgement that IUch citations are wa,ranted.
3 Participate in eight (8) designated enfolcemenl -(when panonnel available) within the following lime
frames :
~1-22117 11123-27117 1115-11117 10/17-21/17 1/11-ZOIII 2/13-17111 "24-21111 S122-2tllr
"Should .... c:twlge, ,_ agencr will be ........ --paNlble.
' Condud informal pre & post enfolcement saf9ly bell usage surwys of 100 driv9rs anc:1100 OUlboarc:t pa11rge,s
to be compleled on COOT prinl9d forms and submitted within 7 days of the conclusion of each -·
5 Submit an Adlvity Evaluation Repon provided by COOT (viii fax) to Marian Fisher (303) (757-9453). FAX: (303)
(75i-9051) and/CK Mairi Nellol, (303) (202-0383) by 5:00 p.m. the day lfllr doing the scheduled etlbcemall
wave . See repor1 ~ balow :
i.t21/17 113117 1121117 1C1121117 1127111 2/14111 5111111 112111"
"Should ... change. ,_ agencr will be nolllled ---poeelble.
6 Inform local news media of scheduled special uf9ly programs and uf9ty belt/child uf9ty Nat
compliance in all fatal crashes .
7 Provide each m«*>rilt contacted dunng :t~ :!-;atgn with a COOT -provided ufilty brochure .nd/or Oltw safaly
material .
8 Commit at lent one law enbcement ofllc:er to aDlnd a_.~ MIiian al a COOT-
designated tranng • on or befol9 9i30/97
9 The summary repor1 (!9p01111d by the Offlca of TIWIIO(ll1alion 5-ty) WIii be baaed on informalion contained in
the Ac:IIY,ty Evaluation Repon ~ after each-· This inbn.iai, will -• qua"'1y rapol1I and
the final repo,1 .
---------may ,oi lle ....
{.gUI l'Clffll .1 IQI
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COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT EVALUATION DATA
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Activity t Evaluation OeiCI iptiu,'I
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IAnrwmrimlltlllv every other month (beg ii ining in April), the
Contractor shall conduct enforcement waves and submit
lenfbra!lfflllnt summary reports to the Offlce of Transportation
Safety in accordance with the Occupant Prollldion 'TWIST
Campaign Contract These Enbcement Summary Reports
. state all activity ac:compli8hment -niquinld by Contract
NA26 during the reporting period.
Upon completion of all Occupant Prullldio,i 'TWIST
1Carnnaia·1 n enforcement aclivily, the El9HD0d Polee
Depu1ment will submit eight (8) ~ Evaluation Reports
or before 4129197, 613197, 8126197, 1°'28197, 1/27198.
4198. 515/98 , and 6/2198 in accordauce with the Occupant
Prol8ction 'TWIST campaign guidelines.
No payment for costs incuned during the reporting period will
be reimburled by the Offlce of TraillP()l1allon Sar.ty until
Evaluation Repor1S and c:laim l'llimbursen*1t forms
have been received. (19fer lo claim reimbursement
guidelines in Ille COOT OTS Contract Management Alanual).
Type of
evaluallon
Performance
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Quarterty/Final
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COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT FINANCIAL BUDGET
PROJECT# NA26 • Englewood Police Department
BUDGET AUOCATION FOR HSN TASIW
Cost cataaory OTS(S) Aaency(S) Total(S)
Personal Services S6 .400 -0-$6,400
Operatina expenses
Travel expenses
Capital equipment
Other
Totals S6 .400 -0-$6,400
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES -0-LOCAL $6,400
BUDGET ALLOCATION FOR HSP# TASIW
Coat cateaory OTS(S) Aaencv(S) Total($)
Personal Services
Operating expenses
Travel expenses
Caoital equioment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF ): STATES LOCALS
BUDGET AUOCATION FOR HSP# TASIW
Coat cataaory OTS(S) Aaencv(S) Total($)
Personal Services
Operating expenses
Travel expenses
CaDital equipment
Other .,
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCAL I·
TOTAL BUDGET OTS($) Apncy(S) Total($)
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10 b ii
ORDINANCE NO. _
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE ENACTING A NEW TITLE 5, CHAPI'ER 21, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED BODY PIERCING
ESTABLISHMENTS AND AMENDING TITLE 7, CHAPI'ER SE, WITH THE
ADDITION OF A NEW SECTION 6, ENTITLED BODY PIERCING.
WHEREAS , the Englewood Municipal Code does not currently licenae or regulate
body piercing establishments; and
WHEREAS, the Englewood City Council has set the goal of improving the business
and residential quality of life in the City; and
WHEREAS, the licensing of body piercing establishments protects the health,
safety and welfare of the public; and
WHEREAS , the City wishes to esclude qualified medical practitioners performing
body piercing for specific medical purposes; and
WHEREAS, the City requires body piercing establishments to operate in
accordance with applicable municipal laws and state statutes; and
WHEREAS, the City requires body piercing establishments to operate only at the
licensed location; and
WHEREAS, the City requires the license holder to comply with all reasonable
conditions to prevent a nuisance, and preaerve the health, safety and welfare of the
community; and
WHEREAS , the City requires the liceme holder to have comprehemive poeral
liability insurance to protect the public &om any harm cauaed the liceme holder; and
WHEREAS , the licenae holder ia not allowed to perform body piercini on any
minor or person under the influence o{ alcohol or drup to protect thoae persons &om
harm; and
WHEREAS , the City doea not allow the transfer ofthia license tc another location or
person ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORAI>O, AS FOLLOWS :
Sec;t;ipp 1. The City Council of the City of Encl-ood, Colorado enada a new Title 5,
Chapter 21 , entitled Body Piercinc Eatablishmenta which 1hall read u follow1 :
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CHAPI'ER 21
BODY PIERCING ESTABLISBMENTS
SECTION:
5-21-1: Definitions
5-21-2 License Required
5-21-3: Application for License
5-21-4: Special License Requirements
5-21-1: DEFINITIONS: : IN ADDfflON TO THE DEFINITIONS LISTED IN
E. M. C. 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS
RELATING TO THE LICENSING OF BODY PIERCING ESTABLISHMENTS,
THE FOLLOWING TERMS, PHRASES, WORDS, AND THE DERIVATIONS
SHALL HAVE THE FOLLOWING MEANINGS :
BODY PIERCING:
BODY PIERCING
ESTABLISIDIENT:
DECORA'l1VE JEWEUlY
OR OTIIEll DEC0RA'110N:
ANY METHOD OF CREATING AN
OPENING IN THE HUMAN BODY,
INCLUDING BUT NOT LIMITED TO THE
EAR, EYEBROW, GENITALS, LIP,
NAVEL, NOSE, OR TONGUE, FOR THE
PURPOSE OF INSERTING ANY
DECORATIVE JEWELRY OR OTHER
DECORATION.
ANY CORPORATION, COMPANY,
PARTNERSHIP, OR INDMDUAL THAT
OFFERS OR PERFORMS BODY PIERCING
FOR ANY FEE, CHARGE, OR
REMUNERATION OF ANY KIND .
INCLUDES, BUT IS NOT LIMITED TO
BARBELLS, BEADS, CHAINS, CLASPS,
EARRINGS, RINGS, SPIKES, STUDS, OR
TUSKS .
5-21-2: LICENSE REQUIRED: IT SIW.L BE UNLAWFUL TO OPERATE A
BODY PIERCING ESTABLISHMENT IN THE CITY OF ENGLEWOOD
WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR QUALIFIED
MEDICAL PRACTITIONERS IN THE NORMAL COURSE OF THEIR
PRACTICE. TlllS LICENSE IS REQUIRED IN ADDfflON TO ANY OTHER
LICENSE REQUIRED BY THE CITY OF ENGLEWOOD MUNICIPAL CODE.
5-21-3: APPLICA'l10N FOR LICENSE: BODY PIERCING ESTABLISHMENT
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPl'ER 1 OF TIUS
TITLE .
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5-21-4: SPECIAL LICENSE REQUIREMENTS: IN ADDITION TO ALL OTHER
PROVISIONS OF THIS TITLE, THE FOLLOWING SPECIAL REQUIREMENTS
APPLY TO THIS LICENSE:
A. LICENSE HOLDERS ARE REQUIRED TO OPERATE IN
ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND
STATE STATUTES .
B . THE PREMISES MUST BE MAINTAINED IN CLEAN AND
SANITARY MANNER AT ALL TIMES .
C. ALL EQUIPMENT USED FOR BODY PIERCING MUST BE
SANITIZED IMMEDIATELY BEFORE AND AFTER USE .
D . A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH
CUSTOMER. THE NEEDLE MUST BE DISPOSED OF
IMMEDIATELY AFTER USE.
E. THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH
CUSTOMER WITH WRITI'EN INSTRUCTIONS REGARDING
THE AFTERCARE OF BODY PIERCING.
F . LICENSE HOLDERS MAY PERFORM BODY PIERCING ONLY AT
THE LOCATION SPECIFIED BY THE LICENSE.
G . LICENSE HOLDERS SHALL COMPLY WITH ALL REASONABLE
CONDITIONS NECESSARY TO PREVENT A NUISANCE AND
PRESERVE THE HEALTH, SAFETY AND WELFARE OF THE
COMMUNITY.
H . THE LICENSE HOLDER SHALL AT ALL TIMES HA VE
COMPREHENSIVE GENERAL LIABILITY INSURANCE , WITH A
MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR
BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) PER OCCURRENCE AND
AGGREGATE .
I . THE LICENSE HOLDER SHALL NOT ALLOW ANYONE TO
PERFOR.\f BODY PIERCING ON ANYONE WHO IS UNDER THE
AGE OF EIGHTEEN (18) UNLESS WRl'ITEN PERMISSION IS
OBTAINED FROM THE MINOR'S PARENT OR LEGAL
GUARDIAN . THE WRITI'EN PERMISSION MUST BE SIGNED BY
THE PARENT OR LEGAL GUARDIAN AND KEPT AT THE
LICENSED PREMISES FOR THREE (3) YEARS FROM THE DATE
THE BODY PIERCING IS PERFORMED .
J . THE LICENSE HOLDER SHALL NOT ALLOW ANYONE TO
PERFORM BODY PIERCING ON ANYONE WHO IS UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS .
K . BODY PIERCING ESTABLISHMENT LICENSES ARE NOT
TRANSFERABLE TO ANOTHER PERSON OR LOCATION .
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L. ALL PERSONS PERFORMING BODY PIERCING MUST BE OVER
THE AGE OF EIGHTEEN (18).
M . NO PERSON SHALL PERFORM BODY PIERCING WHILE UNDER
THE INFLUENCE OF DRUGS OR ALCOHOL.
N . ALL PERSONS PERFORMING BODY PIERCING MUST BE
SUPERVISED BY THE LICENSE HOLDER.
Section 2. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6E, by the addition of a new Section 6 , entitled Body Piercing, which
shall read as follows:
7.a:.8: BODY PIERCING:
A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM
BODY PIERCING ON ANY MINOR IN THE CITY OR ITS POLICE
JURISDICTION EXCEPT WHE..~ WRITI'EN PERMISSION IS
OBTAINED FROM THE MINOR'S PARENT OR LEGAL
GUARDIAN. THE WRITl'EN PERMISSION MUST BE SIGNED BY
THE PARENT OR LEGAL GUARDIAN AND KEPT AT THE
LICENSED PREMISES FOR THREE (3) YEARS FROM THE DATE
THE BODY PIERCING IS PERFORMED.
B . ALL PERSONS PERFORMING BODY PIERCING MUST BE OVER
THE AGE OF EIGHTEEN (18).
Section 3. License Fee : License fees for this Chapter shall be determined and
set by City Council in accordance with 5-1-8 of this Code.
Sectigp ,. Lic:enw required: It ahall be unlawful for any penon to act u a
body piercing establiahment without fint procuring a licenae. All provisions of
Chapter l, of this Title are applicable u well u thoae apec:ial provisions listed
below .
Section 5. The Englewood City Council establiabed a temporary suspension or
moratorium of certain miacellaneoua buaines1 licemes for a period of lix months
with the passage of Ordinance No. 25, aeries of 1996 and now removes the following
licenses from the moratorium :
Body Piercing E1tabliahment Licen1es .
$ection 6. Safety CJauae1 The City Council, hereby find1, determines , and
declares that this Ordinance ia promulgated under the general police power of the
City of Englewood, that it ia promulpted for the health, safety, and welfare of the
public, and that this Ordinance ia neceuary for the preaervation 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 1D the proper
legislative object aoqht to be obtained .
Sec;tiop 7. 5cvcrabiJjty If any clause, ffntence, panll!"llph, or part of this
Ordinance or the application thereof 1D any person or circumatancea ahall for any
reason be adjudred by a court of competent jurisdiction invalid, auch judpaent
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shall not affect impair or invsliclate the remainder of thia Ordinance or its
application to other peraona or circwnatances.
S@c:tion 8 ~GODeilf:ent Ordjpapcee All other Ordinances or portions thereof
inconaistent or conflicting with thia Ordinance or any portion hereof are hereby
repealed to the extent of such inconaistency or conflict.
S@c:tigp 9. Effiw:t of ....,..., QI' modjficatjop The repeal or modification of any
provision of the Code of the City of Eqlewoocl by this Ordinance lhall nat release,
eJttiquiab, alter, modify, or c:hanp in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which lhall have hem incurred under such
provision, and each provision lhall be treated and held u still remaininf in force
for the purpma of auataining any and all proper actiona, IUitll, proceedinp, and
~ for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpme of auataining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, IUitll, procee•Hnp, or ..-utaom.
Sedim 10. Ewltx-The Penalty Provision ofE.M.C. Section l+l lhall apply to
each and every violation of tbia Ordinance.
Introduced, read in full, and puaed on fint readin, on the 21st day of April, 1997.
Publiabed u a Bill for an Ordinance on the 24th day of April, 1997.
Read by title and paaed OD final reading OD the 5th clay of May, 1997.
Publiahed by title u Ordinance No._, Series of 1997, on the 8th day of May,
1997.
'nlomu .J. Burm, Mayor
ATTEST :
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City of Eapewoocl, Colorado, ._.,
certify that the abcffl! and foretaial ia a trae capJ of the OrdiaaDce pMNd OD ftna1
reading and publiahed by title u Ordinance No. _, Series of 1997.
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ORDINANCE NO .
SER.IF.S OF 1997
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BY AUTHORITY
COUNCIL BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER VORMITl'AG
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF
ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN
RETURN FOR SAND/SALT, HOT IIIIXED ASPHALT, OR CRUSHED
AGGREGATE MATERIALS .
WHEREAS, the City of Englewood owns, operat.ee and maintaim a milling
machine utilized to remove the uphalt or conc:nte surface from roadways for the
purpose of overlaying new uphalt or concrete; and
WHEREAS, the City of Englewood currently provides rot.omi1lina lm'\'ic:es to the
Cities of Westminster and Littleton in ucbanp for paint atripinc and concrete
work; and
WHEREAS, this agreement provides the City of Thornton with rotnmilling
services by the City of Englewood in esc:hance for Englewood's choice of sand/salt,
hot mixed aaphalt, or crushed aare,ate; and
WHEREAS, the citir.ena of both the City of Englewood and the City of Thornton
benefit from such an agreement; and
WHEREAS, the City Council of the City of Englewood, Colorado authorized such
agreement with the pusa,e of Ordinance No. 29, Series of l!KM, Ordinance No. 28,
Series of 1996 and Ordinance No . 22, Series of 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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Sed;igp 1. The interpenunental .,....._t with l"Np8Ct to an agreement between
the City of Tbornicm, Colorado and the City of Enclawood. Colorado for an nchanp
of the City of En,lewood's rot.omilliD( Nrvicea to the City of Tbomton in return for
sand/salt, hot miDd uphalt, or crushed aanpte materiala, attached hereto u
"Emibit A," ia hereby accepted and approved by the En,lewood City Council.
Ses;tigp 2. The Mayor ia authorized to ewute and the City Clerit to att.eet and -1
the Agreement for and on behalf of the City of Enpewood, Colorado.
Introduced, read in full, and paued on tlnt readinc on the 2ht day of April, 1997.
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-INTERGOVERNMENTAL AGREEMENT BE'IWEEN
THE CITY OF TIIORNTON AND THE CITY OF ENGLEWOOD
FOR. THE EXCHANGE OF GOODS AND SER.VICES
THIS AGREEMENT is entered into this _ day of 19 _, by and
between the City of Thomton. a Colorado municipal corporation. (hereinafter refened
to as "Thomtonj and the City of Englewood, (hereinafter refem!d to as "Englewood;.
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well
as Sections 29-1-201, ft HQ., and 29-20-105 of the Colorado Revised Statutes authorize
and encourage governments to cooperate by contracting with one another for their
mutual benefit; and
WHEREAS, Englewood owns, operates and maintains a milling machine utilized
to remove the asphalt or conaete surface from roadways for the pwpose of overlaying
new asphalt or concrete; and
WHEREAS, Thomton wishes to utilize said milling machine for use in
maintenance of the streets located within Thornton; and
WHEREAS, Thomton and Englewood desire to contract with one another for the
exchange of goods from Thornton for use of Englewood's milling machine; and
WHEREAS, this Agreement will be of use and benefit to the citizens of both
Thornton and Englewood.
NOW, TiiEREFORE, THE PARTIES HERETO, FOR. GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFIOENCY OF WHICH IS HEREBY
ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS:
A. RESPONSIBILITIES OF ENGLEWOOD
1. Englewood shall make available to Thornton its milling machine during
the period between June l, 1997, and July 1, 1997, inclusive, for the
purpose of milling approximately twenty-&ve thousand eight hundred
sixty-three (25,863) square yards of asphalt at a depth of one and one-half
inches.
2. Englewood shall perform, at all times, all repairs and maintenance to the
milling machine necessary, including the time periods in which the milling
machine is being used in Thornton.
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Published u a Bill for an OrdiDaDce OD the 24th day of April, 1997.
Read by title and pMNd OD final reading Oil the 5th day of May, 1997.
Publiabed by title u Ordinance No ._, Seriea al 1997, OD the 8dl day al May,
1997.
Tbomu J. Buru, Mayor
ATTEST:
Louc:riabia A. Ellia, City Clerk
I, Low:riabia A. Ellia, City Clerk of the City ofEnclewood. Colando. hereby
certify that the above and fore&oiDI ia • true copy al tbe Ordinance pMNd Oil final
reading and publiabed by title u OrdiDame No. __. Sariea of 1997.
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-INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF THORNTON AND 11IE CITY OF ENGLEWOOD
FOR 11IE EXCHANGE OF GOODS AND SERVICES
nn5 AGREEMENT is entered into trus _ day of 19_, by and
between the City of Thornton. a Colorado municipal corporation. (hereinafter tefexred
to as "Thornton1 and the City of Englewood, (hereinafter iefened to as "Englewood;.
WHEREAS, Section 18(2Xa) of Article XIV of the Coloiado Constitution, as well
as Sections 29-1-201, ~ BQ,,, and 29-20-105 of the Colorado Revised Statutes authorize
and encourage governments to cooperate by oontracting with one another for their
mutual benefit; and
WHEREAS, Englewood owns, operates and maintains a milling machine utilized
to remove the asphalt or concrete surface from roadways for the purpose of overlaying
new asphalt or concrete; and
WHEREAS, Thornton wishes to utilize said milling machine for use in
maintenance of the streets located within Thornton; and
WHEREAS, Thornton and Englewood desire to contract with one another for the
exchange of goods from Thornton for use of Englewood's milling machine; and
WHEREAS, tlus Agreement will be of use and benefit to the citizens of both
Thornton and Englewood.
NOW, 1HEREFORE, 1HE PARTIES HERETO, FOR GOOD AND VALUABLE
CONSIDERATION, nlE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS:
A. RESPONSIBILITIES OF ENGLEWOOD
1. Englewood shall make available to Thornton its milling machine during
the period between June l, 1997, and July 1, 1997, inclusive, for the
purpose of milling approximately twenty-five thousand eight hundred
sixty-three (25,863) square yards of asphalt at a depth of one and one-half
inches.
2. Englewood shall perform, at all times, all repairs and maintenance to the
milling machine necessary, including the time periods in which the milling
machine is being used in Thornton.
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3. An employee or contractor of Englewood shall operate the milling machine
for Thornton, at locations and specifications directed by Thornton during
the above specified time periods. If a contractor of Englewood is used to
perform the work hereunder, that contractor shall be required by
Englewood to indemnify the City of Thornton, it's officers, and employees
from and against all liability, claims, demands, and expenses, including
court cost and attorney fees, on account of any injury, loss, or damage,
which may arise out of or are in any manner connected with the work to
be performed under this Agreement, if such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in
part by the negligent acts, errors, or omissions of the contractor, or-any
officer, employee, or agent of the contractor.
4. Englewood shall make available to Thornton the milling machine at the
time specified above. Cost of both delivery to Thornton and return to
Englewood shall be the responsibility of Thornton.
S. Englewood shall maintain, at its own expense, during the term of this
Agreement, Worker's Compensation Insurance as required by the Labor
Code of the State of Colorado, Employer's Liability Insurance, Commercial
General Liability Insurance, and Automobile Liability Insurance with
minimum combined single limits of not less than 5600.000 per occurrence.
The insurance required above shall be provided through Englewood's
participation in a governmental insurance pool (ORSA). Englewood shall
cause any contractor of Englewood to procure and maintain minimum
insurance coverage listed herein.
B. RESPONSIBILITIES OF THORNTON
1. Thornton shall reimburse Englewood for the use of the milling machine by
the provision of goods that are nonnally purchased by Thornton to be
identified by Englewood &om the following items:
2.
a) sand/salt
b) hot mixed asphalt
c) crushed aggregate
The value of the goods supplied to Englewood by Thornton shall be equal
in value to the cost of milling twenty-five thousand eight hundred sixty-
three square yards of asphalt one and one-half inches deep. The value of
the above is S0.40/square yard. In the event the amount of roadway milled
is less than or more than the above, the value of the goods provided to
Englewood by Thornton shall equal the yardage milled times $0.40/square
yard.
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3. The goods shall be delivered to Englewood by the vendor of the goods
once the milling has been completed and the total amount and nature of
the milling has been calculated. Once the amount has been calculated and
agreed to by both parties, Thornton shall complete a vendor purchase
orde!' for the goods selected by Englewood in the amount of the value of
the milling as calculated in Section 8.2. above.
4. Thornton shall be responsJ.ble for all traffic control and material removal
at the site of the milling work and any other work not associated directly
with the operation of the milling machine itself.
C. ASSIGNMENT
This Agreement shall not be assigned by either party without the prior written
consent of the other.
D. NOTICE
Any notice required or permitted by this Agreement shall be in writing, and shall
be deemed to have been sufficiently given for all purposes if sent by certified mail
or registered mail, postage and fees prepaid, addressed to the party to whom
such notice is to be given at the address set forth below, or at such other address
as has been previously furnished in writing, to the other party or parties. Such
notice shall be deemed to have been given when deposited in the United States
Mail. The notice shall be sent to:
City of Englewood
Street Operations
2800 South Platte River Drive
Englewood, CO 80110
c/o Wayne Oakley
City of Thornton
Street Operations
9500 Civic Center Drive
Thornton, CO 80229
c/o Mason Staub
E. PARAGRAPH CAPTIONS
F.
The captions of the paragraphs are set forth only for the convenience and
reference of the parties and are not intended in any way to define, limit or
describe the scope or intent of this Agreement.
INTEGRATION AND AMENDMENT
This Agreement represents the entire agreement between the parties and there are
no oral or collateral agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the parties. U any other
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provision shall be affected by such holding, all of the remaining provisions of this
Agreement shall continue in full force and. effect.
G. WAIVER OF BREACH
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A waiver by any party to this Agreement or the breach of any term or provision
of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
VENUE
This Agreement shall be governed by the laws of the State of Colorado, and any
legal action concerning the provisions hereof shall be brought in the County of
Arapahoe, State of Colorado.
This Agreement shall terminate at such time as the conditions stipulated herein
are complete or upon 10 days advance written notice, whichever occurs first. In
the event the Agreement is terminated by the issuance of advance written notice
of intent to terminate, each party shall be compensated by the other for the goods
and services provided.
COMPLIANCE WITii LAW
The work and services to be performed by the parties hereunder shall be done in
compliance with applicable laws, ordinances, rules and regulations.
ADDmONAL DOCUMENTS OR ACTION
The parties agree to execute any additional documents or take any additional
action that is necessary to carry out this Agreement.
L. INDEPENDENT CONTRACTOR
The parties hereto agree that the employees, contractors, and sub<ontractors of
one party are not in any way to be construed as employees of the other party and
as such each are independent contractors. Notwithstanding any provision
appearing in this Agreement, all personnel assigned by Englewood to perform
work under the terms of this Agreement shall be, and remain at all times,
employees or agents of Englewood for all purposes. Further, all personnel
assigned by Thornton to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Thornton for all purposes.
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M. GOVERNMENTAL IMMUNITY
The parties hereto understand and agree that Thornton and Englewood, their
officeIS, and employees, are relying on. and do not waive or intend to waive, by
any provision of this Agreement. the monetary limitations or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity
Act, c.R.S. 24-10101 et seq., as it is from time to time amended, or otherwise
available to Thornton and Englewood. their officers, or employees.
N. AUTiiORITY
The parties hereto warrant that the signatories below have full and lawful
authority to execute this Agreement on behalf of Thornton and Englewood.
DONE AND SIGNED ON THE DATE ABOVE FIRSI' WRlTI'EN BY:
CITY OF TiiORNTON
Margaret Carpenter, Mayor
ATIEST:
Nancy Vincent, City Oeric
APPROVED AS TO FORM:
Margaret Emerich, City Attorney
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CrTY OF ENGLEWOOD
Mayor
ATI'EST: ..
City Oerk
APPROVED AS TO FORM:
City Attorney
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
COUNCIL Bll.L NO. 36
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A CONTRACl' FOR THE ENGLEWOOD
PUBLIC LIBRARY FOOD AND BEVERAGE SERVICE.
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WHEREAS, the Englewood Libnuy wiabea t.o make ita patron's visit t.o the Library
more eajoyable by providinc them with a basic aelectiOD of food and beverages; and
WHEREAS, the Eqlewood Library Board and Libnuy ataft' have reaearched
various ways of improving the O\'erall ambiance of the Library u well u ways t.o
attract additional WNml t.o the Library; and
WHEREAS, a number of other neighborinc library sywtema have already entered
int.o this service and it ia alao becoming quite popular in boobtorea; and
WHEREAS, the conc:euionaire of the Food and Beverage Service t.o the Engl-ood
Library will provide basic aamplea of coffee, teaa, aoft drinb, aweet rolls, etc. for
sale t.o Library patrons; and
WHEREAS, the Contract apecifiee that the C-ODceNiODaire will pay the City a
monthly fee t.o CO¥er the cost of providinc the space and electricity nec:eaary t.o
provide this service with all other profita belonginc t.o the Conceesionaire;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS:
Sectim 1. 'lbe City Council o( the City o( Enpewood, Colorado hereby authoriw
the Contract for Eqlewood Public Library Food and BeYerap Service attacbed bento
as Exhibit A.
Introduced, nad in full, and puNd OD ftnt readinc OD the 21st day o( April, 1997.
Publiahed as a Bill for an Ordinance on the 24th day of April, 1997.
Read by title and puaed Oil ftDal readin, OD the 5th day of May, 1997 .
Publiahed by title u Ordinance No._, Series o( 1997, OD the 8th day oCMay,
1997.
'lbomu J. Buma, Mayor
ATTEST :
Loucriabia A. Ellie, City Clerk
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I, Low:riabia A. Ellia, City Clerk al the City af Eqlewood, Colando, hereby
certify that tbe aban aad ....... ia. true copy altbe ~ ....... IDal
readinc ud publiahed by title u OrdiDaDce No. _, SeriN al 1997.
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CONTRACT FQR ENGLEWOOD PUBLIC LIBRARY FQOQ I BEVERAGE SERVICE
THIS contract, hereinafter called 'Contract', made and entered into this day of~ 1997, by and between the
CITY OF ENGLEWOOD, a Colorado municipal corporation. hereinafter referred to as 'City', and MJH Enterprises, Inc.
hereinafter referred to as 'Concessionaire';
WITNESSETH:
WHEREAS City and Concessionaire desire to enter into an exclusive use Contract for the management of the Food &
Beverage Service located at the Englewood Public Library;
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter, the parties hereto agree as follows :
Section 1. STATEMENT OF INTENT.
The purpose of this Contract is to provide limited food and beverage services to the public and staff members using the
Library.
Section 2, GRANT.
The City hereby grants exclusive use to Concessionaire the portion of the Library designated by the Library Director or his
designee for this concession , located at 3400 South Elati Street, Englewood, CO 80110 , for the purposes of serving food
and beverages, !JQ1 inc!udling alcoholic beverages.
Section 3 OPE~ATION .
Proposed food and beverage operations shall be allowed within the public and staff areas of the Library. Nothing herein
gives Concessionaire any nght to interfere with or participate in the operation of the Library as a library.
Section 4, TERM OF CONTRACT.
a. The City hereby grants to Concessionaire the right of exclusive concession privilege pursuant to the tenns of this
Contract for a term of SIX MONTHS commencing on ___ , 1997, the date of this Contract, and ending on __ ,
1997, unless the term of the Contract is terminated as hereinafter provided.
b . Following acceptacle operation of the service by the Concessionaire by the City, the City shall extend this Contract
for a period mutually agreeable to both parties but not to exceed 3 years.
Sec:ion s USE OF LIBRARY FOR CONCESSION.
a. The Concessionaire shall have the right to use the designated area for the purpose of serving food and/or
beverages, not including alcoholic beverages, for consumption by the Library public and staff. However, nothing in
this lease shall be construed to authorize that which is prohibited under United States, State or local law, ordinance.
code or regulation . Concessionaire shall operate in a careful. safe, quiet, orderly, and businesslike manner.
Concessionaire shall not use or permit the premises to be used for any purposes that is prohibited under the laws of
the United States. statutes of the State of Colorado, or ordinances, regulations or codes of the City of Englewood.
b . Concessionaire shall provide food and/or beverages. not including alcoholic beverages , in the Library through the
use of a stand . Said stand shall be in the form of a safe and standard food service appliance that is portable and
lockable when not in operation. Use of a stand shall not interfent with the operation of the Library. Service to the
public and staff in the Library shall be reviewed by the Library Director or his designN on a regular basis.
Sections . EXCLUSIVE RIGHT.
a. City hereby grants to Concessionaire the right to the des ignated area in the Library to operate a food and beverage
stand .
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b. The City and Ubrary reserve the right. and grants this same right to any and all other City and non-City groups, to
bring in food and beverages from other outside sources tor any meetings or functions using the Ubrary Conference
Rooms. However, any such food items shall not be sold or otherwise distributed either outside or inside of the
Library.
c. The City and Ubrary reserve the right to allow non-profit organizations such as the Friends of the Library to conduct
periodic "Bake Sates· or other fund-raising efforts to benefit the Library or other City department.
d. The Concessionaire shall operate consistent with the atmosphere found in a public library.
Sll.lign.1. MENU SELECTION.
The Concessionaire shall provide a public menu listing available food and beverage items along with current pricing.
Concessionaire reserves the right to modify the contents of the menu and the prices of those contents to meet its needs
subject to the final approval of the Library Director or his designee.
Section a HOURS OF OPERATION.
a. The Library is open to the public on the following days and times:
Monday through Thursday 10:00 a.m. -9:00 p.m.
Friday and Saturday 10:00 a.m. • 5:30 p.m.
Sunday• 1 :00 p.m. • 5:00 p.m .
• The Ubrary is closed on Sundays from Memorial Day through Labor Day and on Easter Sunday
The Library is closed on designated City holidays.
b. The Concessionaire shall operate the food and beverage service within the above days and times as agreed upon
between the Concessionaire and the Library Director or his designee.
c. Proposed changes by the Concessionaire to the hours of operation of the food and beverage service shall be made
in writing to the Library Director or his designee . Changes in hours of operation may be modified upon written
approval from the Library Director or his designee.
~-OPERATION. MAINTENANCE. RE?AIR AND REPLACEMENT.
a. The Concessionaire shall be responsible for the operation, maintenance, repairs and replacement of food and
beverage stand unless such cost is due to negligence or other acts by the Library or City. City shall make every
effort to protect the proper of Concessionaire after hours, but it shall be responsibility of Conceaaionaire to properly
secure his property at the end of each business day.
b. The Concessionaire shall be responsible tor any and all damages to the Library or to Library and/or City property
result ing from improper use of the food and beverage service by Concessionail'9 or its deaignee.
c. Concess ionaire may temporarily close the toed and beverage service for deaning, repair, and/or maintenance to the
food and beverage stand under a mutually agreed upon schedule. City rnervn the right to temporarily close the
Library as may be necessary to implement changes in its operation or physical antL
d. Concessionaire shall supply a pan, mat, or other method to prot9ct carpet for floor of Libr1ary from grease. food, or
spills . subject to approval of Library Director or his deaignee.
Section 10 . PAYMENT, UTILITIES AND FEES .
The City agrees to provide a designated space within the Library to the Conc:eaionai1'9 at no charge other than the
monthly utility fee of $25.00 per month to cover the coat of providing an electrical outlet and power neceua,y to operate
the food and beverage service. All profits from the operation of the food and beverage MMCe shall 1'9fflain the proper1Y
of the Concessionaire .
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Section 11. JANITORIAL SERVICE AND TRASH REMOVAL
a. The City shall be responsible for the reasonable cost of trash removal and janitorial service for the Library.
b. The Concessionaire is responsible for daily cleanup associated with the operation of the food and beverage service ..
At the close of each business day, Concessionaire shall bag all trash daily for removal by City janitorial staff.
c. Concessionaire shall periodically remove food-related trash (e.g. empty cups) from public areas of Library (e.g.
floors, tables, chairs) in order to maintain acceptable appearance of factlity.
Sec;ion 12. PARKING FACILITIES.
The City shall maintain at its own expense all parking related to the Library. Concessionaire shall park in an area mutually
acceptable between Concessionaire and Library Director or his designee.
Section 13. SIGNS AND PROMOTIONS .
a. The City and the Concessionaire shall share proportionately as may be previously determined and mutually
agreeable in the cost of installation and maintenance of any sign or signs at the Library promoting the food and
beverage service service, and containing language that is mutually agreeable.
b. All marketing, advertising, promotion materials, and signage to be used by the Concessionaire shall first be
submitted to the City for its approval.
Section 14. PHYSICAL FACILITY AND EQUIPMENT.
a. The City agrees to provide space and electrical power for the operation of a food and beverage service.
b. The City may, at its detennination. relocate the Concessionaire to another area of the Library, depending on the
spacial and/or operational needs of the Library . In such case. the cost of relocating the electrial power tor the
operation of the food and beverage service shall rest with the City.
c. Concusionaire shall be provided access to Staff area facilities • e.g . water and sink, as may be necessary to conduct
operations. Any blockage of sink drains created by the Concessionaire shall be remedied at the cost to the
Concusionaire.
Section 1s. THEFT AND DAMAGE SECURITY.
The Concessionaire is responsible for the obtaining of theft and damage insurance covering all equipment, food and other
supplies and personal property of Concessionaire. Such policies shall contain no right of subrogation against the City .
The C.:incHSionaire shall provide a copy of the policy to the Library Dir9Cl0r or his designee.
Section 1s. PERSONNEL
a. The Concessionaire will not discriminate against any employee or applicant for employment because of race . color,
re ligion , sex. sexual orientation, or national origin and will comply with the Americana with Disabilities Act. The
succHSful Concessionaire shall adhere to acceptable affirmative action guidelines in selecting employees and shall
ensure that employees are treated during employment, without regard to their race, color, religion . sex, sexual
onentation, or national origin. Such action shall include , but not be limited to, the following: employment. upg'7:21Q,
demotion, or transfer, recruitment or recruitment advel1ising; layoff or termination, rates of pay or other forms or
compensation: and selection for training, including appremlceship.
b. The ConcHSionaire shall at its own expenn employ such qualified personnel u may be nec:nsary for the operation
of the food and beverage service and shall requil9 aU personnel to be dean, polite, and courteous 1n their
transactions with the public.
c. The Conc:euionail9 shall give training, personal supervilion and direction to the aaf9 operation of the food land
caverage stand. and when absent keep competent penonnel in charge .
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d. The City shall not be responsible for the wages or salaries of any employee or representative of the Concessionaire,
nor for any debts, liabilites or other obligations of the Concessionaire.
e. Neither the Concessionaire nor the employees of Concessionaire who perform services pursuant to the Contract
shall be considered employees. servants or agents of the City of Englewood as a result of the performance of
services under the Contract.
t. Violence or acts prohibited by law committed by Concessionaire or employees of Concessionaire shall cause
immediate termination of the Contract.
g. Concessionaire shall provide the City with the names and emergency phone numbers of all employees, and must
notify City in writing if any of these employees are terminated.
Section17 . LICENSES AND PERMITS.
Concessionaire, at its own expense shall secure any and all licenses and permits for the operation of a food and beverage
service within the Library. These are to remain in force during the duration of this Contract.
Section 1a. COMPLIANCE WITH STATE AND CITY HEALTH CODES.
Concessionaire shall keep all concession areas in a safe, clean and sanitary condition at all times and shall comply with all
state. county and city health laws relating to the dispensing of food and beverages.
Section 1s. INSURANCE AND INDEMNIFICATION.
a. Concessionaire shall be required to have sufficient property, liability, and workers compensation insurance and to
provioe the City with copies of the Certificate of insurance.
b. Concessionaire shall at Concessionaire's own expense keep in full force and effect during the term of this Contract
sta!IJ!ory Workmen's Compensation coverage.
c. INDEMNIFICATION: Concessionaire agrees to indemnify and hold harmless the City of Englewood. its officers.
employees, insurers. and self-insurance pool, from and against all liability, claims. and demands, on amount of injury,
loss or damage, of any kind whatsover. which arise out of or.,. in any manner connected with Concessionaire, if
such injury, loss. or damage is causea in whole or in part by the act. omission. or other fault of Concessionaire. or
any officer or employee of Concessionaire. The Concesaionaif9 agraes to investigate. handle, respond to, and
provide defense for any such liability, c!a1ms . or demands at the sole expense of Conc:euionaire, and agrees to bear
all other costs and expenses related thereto. including court costs and attorney fees, whether or not such liability,
claims or demands alleged are groundless. false. or fraudulent.
d. INSURANCE: Concessionaire shall procure and maintain, at its own cost. a policy or policies of insurance sufficient
to insure against all obligations assumed by Concessionaire pursuant to this Contract.
1. Concessionaire shall procure and continuously maintain the minimum insurance coverages listed below, with
forms and insureers acceptable to the City of Englewood. In the cue of any ciaima-made policy, the necessary
retroactMt dates and extended reporting periods shall be procuf9d to maintain such continious cowrage.
a) General Liability and ProductsiCompleted Operations Insurance with maximum limit of $1 million per
occurrenca/$2 million annual aggregate.
bl Fire and Extended Coverage Insurance shall be pfOlllded by the City on the Library. Conceasionaire shall be
solely responsible for secunng and paying for insurance COYerage on thoH improvements and contents
belonging to Concessionaire located in the Lilrary . Conceaionaire her9by exina waives any cause of
action or right of recovery which Conc:euaonan may tw.fter haw IQ&inlt the City for any tou or damage
to Library or to any contents or ,mp~ ther9IO belol lgi ig to either party, caused by In or explosion.
c) The policies requif9d above shall be erldotNd to include the City of Englewood and the City of Englewood's
officera and emptoyeea u additional nur9d. Every palicy reQUir9d above anal be primary insurance. and
any insurance c:amed by the C,ly of Et iglewood. itl offlcen. or Ila en,poyw. or carried by or provided
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through any self-i nsurance pool of the City of Englewood shall be excess and not contnbutory insurance to
that proYlded by Concessionaire.
d) The Ce!'tificate of Insurance provided to the City of Englewood shall be ~ by the Concaslionaire 's
insurance agent u evidenc:e that policies providing the required c:overagN. coi ldiliol ia. and minimum limits
are in lull force and etlect. and shall be reviewed and approved by the City al Et iglewood prior to c:omrnet ice-
ment of the Contract. No other form of Certiflcate shall be used. The C8f1ificale __. identity this Contnld
and shall provide that the coverages afforded under this Contract shall not be canceled. twfflW\ated, or
rnal9nally c:,anged until at least 30 days prior written notice has been giYen to the City of Englewood. The
completed certificate of insurance shall be sent to:
Purchasing Department
City of Englewood
3400 South Elati Street
Englewood, CO 80110
A certified copy of any policy shall be provided to the City of Englewood at its request.
e) The parties hereto understand and agree that the parties are relying on , and do not waive or intend to waive
by any provision of this Contract. the monetary limilalions (pr99ently S1 million per occurrence and $2 nillion
aggregate) of any other rights . immunities. and protections provided by the Colorado Govemmental
Immunity Act, C.R .S. 24-10-101 et seq., as from time to time amended, or otherwise available to the parties.
their officers, or their employees.
2. A certificate evidencing said insurance policy shall be kept on file with the Purchasing Department of the City
of Englewood and shall have a provision that the same shall not be altered, amended, or canceled without first
giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indemnify
the City for any claims brought against the City because or on account of Concessionaire's operation .
ssct;on 20 . FIRE OR NATURAL DISASTERS.
In the event fire or natural disaster renders the Library and its concession facilities inoperable. and such concession
fac:lities are not open and operable within a period of'thirty (30) days from the time of such disaster, Concessionaire has
the right to terminate this contract with the City under Section 22. Termination of Contract. contained herein.
Section 21 . TENANT RECORDS.
Concessionare shall provide the City with a monthly sales report, broken down by day.
sec:;on 22 . TERMINATION OF CONTRACT .
a. This Contract may, at any time, be terminated by either party upon thirty (30) days written notice to the other without
cause
b. The parties may terminate the Contrad by giving th irty (30) days written notice of a vio lation of this Contract. citing
specific examples therein .
Section 23 . DELIVERY ANO REMOVAL UPON TERMINATION .
Concess ionaire will deliver the premises at the termination of this Contract in u good condition and state of repair u when
rece ived , except for ordinary wear and tear or loss or damaged caUMd by an act of God. Upon termination Conceuion-
aire shall have the right to remove any supplies or personal property belonging to or installed by the operator, subject ,
ho-ver, to any valid lien or daim which City may have for unpaid INI. Provided allo lhat if said removal cauus any
damage to the premises , said Concessionaire shall repair the same in a proper and satisfactory manner at its own
expenu.
Section 24 . NOTICES .
All notices . demands and communications hel9Under shd be peraondy HfV8d or given by certified or regilrer.d mail,
and:
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a. If intended tor City, shall be addressed to City at
City of Englewood
Attention: Library Director
3400 South Elati Street
Englewood, CO 80110
with a copy to:
City of Englewood
Attention : City Attorney
3400 South Elati Street
Englewood, Colorado 8011 O
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b. If intend.a tor Concessionaire, shall be addressed to Conc:euionaire at:
MJH Enterprises, Inc.
995 East Otero Avenue
Littleton, CO 80122
c. Any notice given by mail shaU be deemed delivered when deposited in a United States general or branch post office.
addressed as above, with postage prepaid, or when served personally at the applicable address.
Section 2s . ENTIRE CONTRACT.
This Contract, together with the exhibits attached hereto:
a. Contains the entire Contract between the parties; and
b. Shall be governed by the laws of the State of Colorado
The successful Concessionaire shall have no right or power to assign or transfer this Contract. except by prior written
permission of the City of Englewood.
Section 26 . SEVERABILITY
If any clause of provision of this Contract is illegal, invalid or unenfon:eable under pruent or future Jaws effective during
the term of this Contract, then and in that event. it is the intention of the parties hel9to lhat the remainder of this Contract
shall not be att~ed thereby . It is also the intention of the par1iN to this Contract that in lieu of uch clauN or provision of
this Contract that is illegal, invalid or unenforceable. there be added u a part of this Contract a clauN or pl'OYilion u
similar in terms to such illegal, invalid or unenfolCHble clauN or provision u may be poaible and be legal, valid and
enforceable.
Sactjon 21. CAPTIONS
The caption of each Section is added u a matter of c:orw.lielice only and shall not be c:onaider9d in the construdion of
any provisio n or provisisions of this Contract.
Sgtjgn 28 . BINDING EFFECT
All terms, conditions and covenants to be OCNN9d and perfotmed by the pa,1IN her9IO shd be applicable to and binding
upon their resplC"j ve heirs. adminiatratorl, euc:utors, "ICCNIOfS and mignl.
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IN WITNESS WHEREOF, the parties twrwto have hereunlD Nl their hands and seals as of this day and year first above
written.
CllY OF ENGLEWOOD, COLORADO
"City"
Tom Bums, Mayor
l\TTEST:
City Clerk
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BBSOLUTION NO._
SERIES OF 1997
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A BBSOLUTION FOR A SUPPIZMENTAL APPROPRIATION OF THE 1997 BUDGET
FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain
additions to the 1997 Annual Budget which were not included in the original 1997 Budget as
adopted on November 18, 1996;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sectjgp 1. The City of Englewood 1997 Budget ia hereby amended u followa :
CONBEBVA110N TRUST FUND:
Soun;e of fund•:
Fund Balance
Uw o{ F11nde·
Big Dry Creek Bike Path Project
Recreation Center Roof Project
Total U1e8 of Funds
$60,000
$&0,000
rAmm
$60,000
Sectjgp 2. The City Manager and the Director of Financial Services are hereby
authorized to make the above cbanps to the 1997 Budpt of the City aC Enp,wood.
ADOPTED AND APPROVED thia 5th day of May, 1997.
ATTEST :
Tbomu J. Burm, Mayor
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellia, City Clerk for the City of Eqlewood, Colorado, hereby certify the
above ia a true copy of Reaolution No ._, Series of 1997.
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COUNCIL COMMUNICATION
D• Aaendlllllln Sullject
Mey 5, 11187 SUppl1menlal appiapriallon of
C-.vation Truat Fund -to
10 C i fund the City's partian of the Big Dry
CrNk Bike Palh and fund the
Recnllllon Centar roof l'lflliad'
llllllaadBy I Frank -
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Cltv of-Financial SeNlc:a DndDr
COUNCIL GOAL NtlJ PREVIOUS COIINCI. ACTION
The Council apprwed the 1987 Budga on tlnal rwedlng by appruvlng Or*-80, Series of 11188 on final rNdlng
Nowmber 18, 111811. Council hn supportad the RecrNllon Departmanrs lffol1I to provide the ci11Dn1 of ~ with 1
Yllity of rKrNtion and leillA ldlvlllel. City Council dilculMd the Big Dry CrNk Blu Palh project It I study INlion on
March 17, 11187. No funds -appopiillted fof the Recr9111on C..... roof project in 11187 b«aUH the pn,ject -
scheduled to be compllll8d in 11198, but -not compltad until 11187.
RECOMMENDED ACTION
Staff l9CClffllMlldl the City Council appro119 the lltlched rllCllullon app,oprilltlng funds to fund the City's portion of the Big
Dry CrNk Bike Peth and the RecrNllon Center roof prajectl. The original 11187 Budga did not include thNe prajectl.
CONIERVATlON TRUST FUND:
Soyrca pf EYDIII
Fund Balance
YIM pf fynds:
Big Dry CrNk .. Pllltl Prajec:t
Recr9111on C.. Roof Prajec:t
Total U.. of Funds
NO.CICIO
14(),000
mggg
N0,000
The City of Eng!Nood ii 1'9qUnd by City Chaltar to -u.t ........ do not aald llgllly adopllCI app,apnllllol11.
The altac:hed r9IOlution approprilltll funds to -tllllt the City of EnglNood complies wlh ..... ,Ntrtdloill gcMrMIII
local budgeting. No other ...,..._ -idenlllled .
FINANCIAL IMPACT
This 1upplemental epproprilltion wil r9duce the ConWWlllon Truat Fund --S fund ....,_ by N0,000.
UST OF ATTACHMENTS
PropoMCI rwolullon
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USOLUTION NO. _
SERIF.s OF 1997
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A RESOLUTION ESTABLISHING FEES FOR BODY PIERCING LICENSES UNDER
TrrLE 5, CHAPTER 24, OF THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, the City Council of the City of Englewood, Colorado has amended the
Englewood Municipal Code with the passage ofC.B. 30, Series of 1997, by deleting the
reference to license fees; and
WHEREAS, license fees are more appropriately set by Council resolution on an annual
basis; and
WHEREAS, this resolution establishes licenae fees for Body Piercing Licenses;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sec;tjon 1. The City Council of the City of Englewood, Colorado hereby approves the
following fees for Body Piercing Licenses:
A . Body Piercing License Fee
Application Fee
$50.00 Initial/Annual
$10 .00 paid in advance
ADOPTED AND APPROVED this 5th day of May, 1997.
ATTEST : Thomu J . Burm, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucriahia A . Ellis, City Clerk for the City of Engl-ood. Colorado, hereby certify the
above is a true copy of Reaolution No._, Series of 1997.
Loucriahia A. Ellia
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COUNCL COMMUNICATION
.,. Agelldlllln 8ullject
May 5, 11117 Relolution ellabllllllng .... for
10 C ff TIiie 5, Cllapler 24, FeN for Body
Plerdna Ell ......... Ucerw ......... ., I Frank -
ltlffSource
of Flnanclal Services Ohc:tor
COUNCL GOM. AND PMVIQl,a COUNCIL ACTION
T1lil l'IIOlutlon establllhes fees for tllllOO licenses. Eublllhlng fees by l'IIOlutlon II recpred by TIiie 5, Chllpler
1.
Al Ille May I, 11111 IIUdy NIINJII, staff dlaculNd Ille pn,poNd manlDftum wlh Ille City Councl. On June 3,
11111, Ille City Councll l'Nd and pawd Ordinance 25, ..,._ of 11111 on tlnll l'Ndlng. 11111 Onll•ice
wtallllhed Ille moralOrlum to run from June 10, 11111 to Declmbel 10, 11111. Councll adal*d Onlnance 55,
..,._ of 11111 exlendlng a. moratorium until Aprll 10, 11117 . On Febnllry 11, 1117, Cly Councl approved on
ftnl l'Ndlng a 1111 for an onll•ice exlendlng Ille mcnlortum 1111111,Mr 10, 1117. Council approved on ftnl
rNdlng Illa MW..._ under TIiie 5, Chapter 21 of Ille Cly Coda on Aprll 21, 1117.
IIECCJSSEIDIED ACTION
Slaff l'8CDfflfflalldl Cly Councl approve Illa l'IIOlutlon .
UCKCIIIOIN), Wl.fta, AND ALTEIINATIVD IIBIIZ L
No..._.,. bNII prwtou11y wtallllhed lirlCl 111111 a MW ...... Fw ..... by ......... .., allow Cly
Counc:l lmlllly In ....... and lllllng .....
No alamallvel ... ldenlllled.
PINHICW. .. ACT
No fNI..,. collecled for 111N8 11canNs In 11111. FeN ..... • falloa:
lnlllal/Annual Body Plan:lng Eltalllilllmenl lJcaMe FN: l50.00
Application Fee (paid In advance): 110.00
UIT OF AffACHMENTII
Copy of rNOlullon
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COUNCIL COMMUNICATION
Date Agenda Item Subject
May 5, 1997
10 C fii
Water Line Extension at S.
Windermere & Union Ave.
STAFF SOURCE INITIATED BY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
Council approval of the Agreement with Randall & Blake, Inc. and the City of Englewood for a
water line extension on S. Windermere St. and W. Union Ave .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department has to relocate and upsize two water mains that are being affected
by the S. Windermere improvements. The 27" raw water line from Union Ave. Pump Station
and the 16" treated water line that services the Centennial area are affected .
The Colorado Department of Transportation installed a new 36" raw water main and a 24"
treated water main under the railroad tracks and South Santa Fe Blvd. Englewood now needs
to extend these mains to South Windermere Ave. where they will be connected during the
upcoming Windermere Improvement Project. The attached Agreement will enable Randall &
Blake , Inc. to construct the water line extension .
The 24" treated water main and the 36" raw water main will be installed by Randall, Blake, Inc.
(RBI). RBI is the contractor who was awarded the Colorado Department of Transportation
(COOT) Project named "Windermere, Belleview North." Englewood staff has reviewed RBl's
proposal, and has determined that the "Thomas Piping Proposal" by RBI is fair and consistent
with the previous bid for the COOT Project . The Colorado Department of Transportation will
not allow other contractors to enter project limits during construction due to liability reasons.
If the Utilities Department waited to install and tie into existing mains after RBl's project was
complete , several large areas of new asphalt, and curb and gutter would have to be excavated
and replaced. This would not be financially feas ible alternative and leaves the City at
substantial risk for a longer period of time because the old lines under Santa Fe Drive and the
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railroad would remain in commission substantially longer. It is projected that the entire project
will be completed by November 1, 1997.
FINANCIAL IMPACT
Quote for the installation and materials for the Englewood Water Transmission lines is
$191,308.50. Funds are available in 09-04-1'3311 .
UST OF ATTACHMENTS
Ordinance
Agreement with attached Quotation Sheet
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BBSOLUTION NO. _
SEIUF.S OF 1997
A BBSOLUTION AUTHORIZING AN AGRRRMBNT WITH RANDAU. 6 BLAD, INC.
FOR THE CONSTRUCTION OF A WATER LINE EXTENSION LOCATED AT SOUTH
WINDERMERE STREET AND WEST UNION AVENUE FOR THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Utilities Department bu to relocate and upsize two water
mains that are being affected by the South Windermere improvements; and
WHEREAS, the 2T' raw water line from UniOD Avenue Pump Station and the 16" treated
water line which aervicea the Centennial area of the City are affect.ed; and
WHEREAS, 'l'be Colorado Department of Transportation installed a new 36" raw water
main and a 24" treated water main under the railroad tracb and South Santa Fe; and
WHEREAS, the City now needs to extend tbeee maina to South Windemlere Avenue
where they will be connec:ted during the upcoming Windermere Improvement Project; and
WHEREAS, the 24" treated water main, and the 36" raw water main will be inatalled by
Randail A: Blake, Inc. (RBI) who is the contractor who wu awarded the Colorado
Department of Tranaportation (COOT) Project named "Windermere, Belleview North";
and
WHEREAS, COOT will not allow other contracton to enter project limits during
construction for liability reuona; and
WP._EREAS, if the Englewood Utilitiee Department waited to install and tie into mating
mains after RBl's project wu complete, several larp areu of new upbalt and curb and
gutter would have to be ezcavated and replaced; and
WHEREAS, waiting would not be a financially feuible alternative and leavee the City
at substantial risk for a longer period of time becauae the old linee under Santa Fe and the
railroad would remain in commiuion 11\lbatantially longer; and
WHEREAS, it is projected that the entire project will be completed by November 12, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Agreement with Randall A: Blake, Inc. for the conatruction of a water line extension
located at South Windermere and Weet Union Avenue, attached hereto u Exhibit A.
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5w;tiep 2. Sgtiqp S. The Director of Utilities ia authoriwl t.o eucute the Agreement for an
OD behalf of the City of Enclewood, Colorado.
ADOPl'ED AND APPROVED thia 2lat day of April, 1997.
Tbomu J . BUl'ILI, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk for the City of Encl-ood, Colondo, hereby certify the
above is a true copy ofReaolution No.__. Seri• of 1997.
Louc:rubia A. E1lia
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AGREEMENT
This agreement, dated is by and between Randall & Blake,
Inc., herein called Contractor, and the City of Englewcod, herein called Owner.
THE PROJECT:
Water Line Extension on S. Windermere SL and connection at W. Union Ave. (See attached
bid).
SPECIFICATIONS :
All applicable sections of COOT Windermere, Belleview North, HB 0852-075 .
THE CONTRACTOR AGREES AS FOLLOWS :
Furnish, in strict accordance with the specifications , Special and Gerwal Conditions, and at
the unit process shown on attached bid datad Febnay 25. 19&7 , all labcr, materials,
supplies, tools, services and equipment necessary ID camp• the pra;.c: described above.
Pay all costs in connedion with above paragiapti wtw, due .
Save harmless the Owner from claiml and mec:tw,ic'1 lienl therwof.
Complete project in a timely manner based on nuuaily agreed schedule .
Maintain wonunen's compensation and liability irsnnce in an amount equal to or greater
than 1'9Quired by Colorado law.
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Perform all wor1< in accordance with OSHA standards and protec the wor1< of constNc:tion
adequately and properly by lights, barriers, supports, signs and guards so as to avoid injury or
damage to persons or property.
To warranty the wor1< against defects of materials or workmanship fer a period of one (1) year
after acceptance by the Owner.
Comply with all applicable federal, state and municipal laws and/or ordinances and
~ulations effective wherw the wor1< is to be pe,formed .
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THE OWNER AGREES AS FOLLOWS:
Pay to Contractor far such work as campllted by the end of uch month at the unit prices set
forth in this agrNffl8f1l
Such pay, las 10"9 retainage, will be paid by the 1 f{-al the~ month.
· Pay a1 ratainage within 60 calandar dayl al c:a,ipleliarl and ax:aptaa by the Owner.
GENERAL PROV1SIONS:
CITY OF ENGLEWOOD:
BY--------------
RAN0ALL & BLAKE. INC . (RBI)
By:~A\,~ '
Title: __________ _
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RandaJI & Blake. Inc. (RSI)
.i901 S. 'Nlndermerw St.. LilllelDn. CO 80120
Fhcne ::o:;.795.;.5a2 Fax 303.795.3249
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Quotation
Prajec: E~QMCcd 'Namr Transmislicn lln• Summa,y By: 9ruca Hamm~
Lacallan : wn,cm-:"hcma -;;.,.,,. Cara: Fee. 2 . 1997
1111m I Bid 11am I Quantity · Unit Pric:a Total
1 · 48" Ste Cang I 22 ·LF $299.00 ! sa.:1a.oo ,
357 ·1..c $139.00 I $49.623.00 -
, :e..i. S,.350.00 ' !'i a5o .oo ·
1 EA Si'.350 .00 i Si'.850.00 '
1 EA S,.!50.00 : S'i 350.00 '
5224.00 ' s.i 92!!.C O
S89 .00 S:!2.218.0 0
s ;.4"' : ::99. 3end 1 e..i. S:.200 .00 ' 54200.CO
1 e..i. s:.:oo 00 ' s2.:oo .oo ,
1 e..i. S:.:00.00 I s2.:oo.oo '
11 :.i· =~::emv '/arve a. Va,.ve :ex , E,,\ SS .3:0.00 ss.:::o.o o
1~ Soli ~tc:xcne 1 LS S750.CO S7:0.00
$114 .00 s:.:ae.oo
14 .;.4• ::;: :o :s-SINI lnsuama ""rans. C.:iucino : 1 e..i. s 1.:oo.oo S1.2CO .O O
1 e..i. S6.Z:O .OO ss. ~~c .oo
16 Va,ve ::x C.:mci-, ·e..i. $130 .00 ' S'.30 .00 ·
• I :w ·: · · 14 Oeg. :end 54200.00 sz.:oo .oo :
1 a :w :.:. · 12 :eg. aend , •e..i. S:.200.00 I s2.:oo .oo
19 .z4·,: "."aacinc; Saade ri::.ao : S7'5.00 !
20 6" -.c::n g V a,ve 1 .e. .. sa,o.oo , SS '.0.00
2'. = ;c: . 3ena 2 'EA $230.00 : S.:60.00 :
10 ,e..i. $"4 .00 $ol40 .00 I
23 36" : IF '.C 21 SIN! 1119111. ,tlllllllon C.JUC1115i 1 1 I E,,\ S'..7'00.00 ' S1.7'00 .0 0 ·
24 -35" :1F c:. :3 I -. Si' 3'.400 :
25 36" • • ·, /4 Oea. 3end I 1 ,e..i. : Si'.850 .00 I S7 .!50.00 :
26 36" :.:. • 12 0!9: Sena I 1 IE,,\ : Si'.3!0.00 I Si' 350 .00 '
27 '36" J! :::ec:. 3end I 1 iE.o\ I Si'.a!O .OQ I S, 3!0.00 :
28 1 O" Stte:cn HBP (GtaainG Cl I 20 1TN SIS.OD · S1 .!00.00 ·
29 -C.i r.: :.amc •N14' w• (M1108-:1 I 22 1SY I $.&4.(JQ : $924.00 :
30 •c ~r:: 1 ~ull9r /M609-1 r-2 Sc. 11Bl I 15 iLF I S1200 1 $180.00 1
31 C.:nc:m Sic:eweill 4" i'hlcx I 10 1SY 537.00 ! S3'i0 .00 :
32 Mocmnacn 1 ILS I $.& 000.00 , : s.i 000 .00 .
33 :Trait.c •:.;nrot Sell.la 1 :e..i. S1!5.00 i $155.00 I
34 'Tvae II 5amc:idft $10 .00 1 s.&50 .00 I
35 'Tvc• J. S,Qns 53.00 1 S~S0 .00 I
311 T vc• : .Sians 25 :~ s:i.~o , S87 !,J I
37 'Bar.t!I $330.00
I ,TOTAi. S111.l0L511 '
CONOITICNS ..lNC i::<C:.USIONS :
8acldl l aeccn~ Ml =• naave ~ --.cs. UWOUl'MI lie QOne tiv e,.,gaw,oca 'N-& RSI.
Na P-ataaon• S.ir,ey,ng 11 ,nduded. Pwtannanca lond ac!uded (llld 1.5%)
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WEST UNION A VE. WATER LINE IMPROVEMENTS
SPECIAL CONDmONS:
I . Work covered under this contract shall be pe:ior:ned afte:-Thomas prop~ wate:-
line mension and Colorado Dept. ofTransporwion (COOT) Projec: No . HB 0352.075 •
Englewood Wate:-Lines are completed.
2. West Union Ave. will be closed during consuuc:ion. Tne conu:ic:cr will be
responsible for the traffic control. A traffic control plan must be submitted to CDOT and
COE (City ofE."lgiewood) for approval. CDOT contaet is Gary Prentic: at i5i-98S6 and
the COE comae: is Ladd Vo5try at 762-2Sl l.
3. Inte:TUprion of water service must be approved by COE Utilities Deparc:ent.
Twelve wmr se:vic:s will be a1fec::ed by the 24" wue-line tie-in. The Comr:sc::or will be
responsible :'or coordination with the aft'ec:ed C'.:stomers.
4. Tne existing 16"' and 2r water lines c:mnot be out-of-service conc:um::t!y.
5. The connection of the new 36"' line to the existing 2r 6ne shall be compie:ed
simultaneously with the connection under CDOT Project No . HB 0852.075 at uymn Sta.
103+05 .
6. Since the 16"' water line is the main transmission line to a portion of the Cty, Uld
the 2r water line is a ~w wuer supply line, it is amicipued that all wodc requirina the
shutting off of water shall be for a period of time not to ecceed 48 houn.
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THOMAS PROPEllTY WATER LINE EXTENSIONS
SPECIAL coNDmONS:
1. COE Utilities Dept. will obtain BNSF Railroad Lic=ise and pay all associated
costs as deemed neassary by railroad.
2. COE has completed a limited subsur&ce stUdy fer :he permanent euement loc::ned
north ofThomas Plating Company, copy included, and has the fellowing consauc:ion
requirements.
Within the 30' permane::t asement. the top 4' of soil shall be ex=vated and smc:kpiled in
the ara indic:lted on the plans. This mmrial will be utilized u baddiD and the surplus
material pner:ated by the i,ipe and beddint will be smcltpiled on-site. The smclcpile of
surplus nmerial will be Id on-site md become the COE·s responsibility.
3. The J(j wmr !me is raw war md me.me will aot be bydrosmic timed or
cilU fiemd
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GENER.AL coNDmONS
1. The Contraetor awarded the COllb'ICt shall schedule a preconstruction meeting prior to
beginnin11 work. A1 the preconsauciion meeting, the Contraetor shall furnish the COE
Utilities Depanmenl with a consuuction schedule indicating the planned dales of rk
for e:sch bid item. Except for inclement weather or other circumstanCes beyond the
Contraetor' s control. the Contraetor will be expected to perform on schedule.
2. The Contraetor is responsil>le for the protection of the work. Aey damage to adjacent
utilities or other improvementS due to the Contraetor' s operations will be repaired at
the Contraetar's expense.
3. Permits -The Contraetor is required to obtain all other necessary permits .
4. Utilities u shown on plan and profile sheets are plotted from the best available
information.
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COUNCIL CQMMUNJCATIQN
Dale: A,eada Item :
May 5, 1997 10 C 1v Pllrdullc ofFonl Pickup Tnact
lllitialed By:
of Public WCllb
COUNCO. GOAL AND PREVIOUS COUNCO. ACDON
No pawiaal caam:il acliaa .....
BCOMIIUNDD AC110N ... ____ ._......... 7 D$E .......... .., ............. ofa
19'7'-l,O ......... .,..,~11711fllll!IIIIOlilA"'1il FM
~-----..................... ..,. Amlllaylllc. of c...... .......
IIACKGaOUND, ANALYSIS AND ALTEIINATIVU IDltN'IUIED
11ae GolfMai-.:e DivilioD c:urready 1111 a 1916 Fonl 150, wllida w clue to be rcplacod ia 1993.
11ae cuneat w:bic:le W lleld over lbr 3 )all clue ID law llliJcllF and D eqiDe rdluild.
FINANCIAL IMPACT
FUDds are available ia tbe 1997 Capilal E• ii t Peplw e t Pull (CEPP) lbr tbe truck. T'bil :nact
lllllll be upgraded ID CWlplWid .....a .. ID aeet ColaradD fleet emilliOM requiremcall. 11ae COil
bftakdowD for tbe :nact ii • fDlloM:
Ford 150 tnd Sl3,194.00
5.4 Utrunginc Sl,190.00
3 .73 Par axle $45 .00
GVW $50.00
% Toa uppade Sl,5M.OO
3 Qrliplp;CNG 14 12000
TCIIII Cllll7 $20,113.00
TIie CNG CIDIMlliaa will emllle • to naive a..-ha die Cloweraw'108b ofEw&Y c-... ofappn,xiWlySl.500.
LIST OF AlTACIIENTS
Natural Fuels IDc:eMiws
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MEMORANDUM
To: Daw: Lee, Mmlacr of()pm Space
Froa: Pit White, Flcct ~
Ode: April IS, 1997
Rcplacnnait of Unit 713S
I~ mmrncrd 1bat 1Jlllt 713S Is rcplacal wida a 1997 Fanl F-250 a per SIIIC Sp-lfll:Mkw #
0704lyyyS4m. This wldde baa bem bdd CMr 3 ,art,-die ll:llldlded ,· n dllC ad Im
readied die cad oflls CICODClllic life. The rcplacancm wbidc wiD lie a dediclled. ( ...... lbded). CNG
equipped wilidc. The lllllds to replace lhc w:ludc an: lhlD die CERF llmd IDII Ir die CNG apdm,
($4120), an: Ima die PIF 8md.
The Fcdrnl Clclll Air Aa nqulrcs dial 30 paamt of-Cllllrllly lldal IIDct w:ldc:la Ill 1991, 50
paam of wlliclcl ID 1999, IDII 70 pcrc:ml Ill 2000 ac clma allaaMlw llr:IL '111c City Im aide a
.,,.,.._ ID ac CNG IDll 111: baft bem pnlKlhe Ill aatem11 wlliclcl •· By G11ft11C11iD1 dlil
wbidc a 1997 WC wiD be elisRilc IJr I CIiia rdlac Illa dlc Sae ofCaianillD ad die AillnMnic fad
llldllllly llr JS ,__ ofdle caawnim ca& 1'1lil wlll 'allW dlc 8aacill1 ...... of aaweii ... die
wlddc ID apcra OD CNG. We lllo wiD recdw a c:rall. Ir I allra low aaillka wlddr. lbat 111: cm ac
ID cldr I pmmac of a lllnMiwc kl 1'dliclc. I ...... ar IO .a ID ....... '11111 wiD allow.
w lcdlilily ID wlak:lc rcpllffll ns a Ian ,-s.
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NATURAL. Incentive,
FINANCIAL INCENTIVES FOR ALTERNATIVE FUELS
A combination of Federal. State and local legislation alf~ the provision, use and c:t1st of aaemattve fuels ,
which in all cases include natural gas as a transportation fl.,.I. The following summary Is ottered for inlorrna-
tlonal pu.,:oses only; Natural Fuels Corporation can provide c:t1pies of and/or SCUl'C8S for the le;islation for
review by affected panlH.
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Alternative FuelS Flnanclai
Incentive Program
C-overr.or's Offlca of E.'18~
C.insarvauon (OEC)
and
Alternative Fuels lndusU'y
Matc:,ing Patties
Qualified fUtl/$/Vehlt:!a: Any fuel lir.ec in the Colorado Dept. of Publlc Health &
E.'1Vironment (COPHE-,, Air ?odution C.intrcl Division Qualilyjng utter of c1'fl;l11
Altemativ11 Fuels. lnc:!udes nan;ral gas. pn:;:ane (L?Gi, elec:ric:ty, methanol (SS·
100~.J. etl".anol (85-10~.J. hy~en. Eac."I alternate fuel rrur. have a Matc.":ir,g
Pany providing sa~. of funding in order for rebates to apply.
Venic!es may be conversions, if the altema!lve fuel system is on the Ccnvr.sfon
Equipment QUlllitlcation List maintained by CDPHE. or the vehic!es or tngit:as may
be purchased from the man.1ac::urer of re=ra if they are e.=A or C.lRB c:anlfied.
,,.,_. amount: The cash retlate is the lO'IIW of the c:alc.llated reba1a percantaGt
(up to Su~. of trie cost of the alternate fuel r,stem. wnetner a =nvenicn or a tac::ry
opllan), orthe Per Venic!e Fiecate Cap of $1,!00 for ligl1 duty vehides. ~.!CO tor
a;t,t ~ tr\leks, $3,!00 !or medium ~ tNcks and $8,000 fer heavy a.Jr/ tr.;c!<s .
The rebate perc~e is :tie total of any of :tie following which~ to lhe vehic!e :
Base Ccmmerc:'.alizaticn (fer alternate fuel vehides acquired during calendar Years):
Outing 1995 1!~.
Curing 1996 1 O~.
Curing 1997 !~.
C.immerc:al Vehicle: s~.
Hi;h Mileage vehicle : S~.
Dedicated AFV
IL!::v:
OEM :
UlEV:
s~.
!~. ,o~. ,o~.
(P\iblc or pnvm sector flNt)
(>80.000 miles/yr for LOV1 or >30 ,000 ITilu.'yr tor all
other vehicts)
(Mono.fuel; no gasoline capatility)
(lnnerendy low tnission vehide)
(Ort;inll ~ment ~
(Ulra low lfMlion vehicle)
Please ccntac:: OEC at (:!O:!) ~20-4292 or an lhmate fuel Industry rnatc."llng party
for acciticnal intormalien and avdability. Na1urat gas indulUy coruc:: C.,lcrado Oil
& a.s Association (COGA) (303) H 1--0382..
Adcitional incentives detailed on reverse .
NATURAL RJE.S cci.i:oRATION
5855 Stci;=letcn Dr. N. Denver, CO 80216-3:l :2 303•322•~ Fax 303•322•4644
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Federal E,-gy Polley Beginning June 30, 1993, businesses and indMlllals may deduct a maxinun or
Act of 1992 $2.000 from their taxable income the incremental cost of allematlvt fulled vehicles
(AFVs) over gasolne and dllStl vehicles, lncluclng the cost of c:onvtrSlon. for
vthldts up to 10,000 pounds gross vehldt wtlgll (GVW). Dtcb:tlons al SS.000
for vehices between 10,000 and 26,000 GVW, and $50,000 for vthic!es over
28,000 GVW are also includtd in the /tC. Futlng llllllon inl1alllllol,a have a
dtcb:!lon ctllng of $100,000.
Colanlda Homa Ill
n-1111
(Colorado Reviled
StalUIN 111a 39 Artlcle
22_ Pait 5 (39-22-51&))
Colorado Homa Ill
18-1111
(CRS 39-27•202(5(a)))
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Authorized, but not tuncled; are low interest loan programs for meeting AFY casts,
indudlng potenllal programs where conversion costs can bt paid for from full cost
savings. Also lncludtd in the Id are provisions for state malChklg funds for bus
fleets.
The first substanllal flnanclal Incentive tor the Ult of ....,... futltd Y9ticltl
(AFVs) is includtd in HB 1191 in the tam, of an inuNtmenl tax crd. The crd
is 5 percent of the vehicle purchast prtc:a up ID a IIIIXlmun of 50 pen:ert al the
OEM fuel system option or conversion cost. The bll lPl)IIN only to vthlc!t
purchases, not to existin; vthiclts in a llttt. The crd ii availlDle to tiu......
beginning July 1, 1992; lndlvlduals may begin to take adYaragt of the crldl for
tax years beginning on or aftar July 1, 1994. The crd expns .lily 1, 1998.
Thia bll tnaCttd a road ,_.. tax tumpdon It the fuel pump for natural gu or
IQuifltd ptlr'Oltum gas. In lltu of paying tax on a per galon basil (CUff91'111y It
1.22 per ;don tor guolnt), Colorado owners al gaseoua.futled Ytl1ic!tl are
IIQlnd :a purdlUe an arn,a1 tax dtcal. DtCIII (porated over ttlt calendar
year) costs .,. as follows: tor ve111c1e1 wilh graa ve1*:1e •lgtw (GVW) bttwffn 1
and 10.000 bl. · $70; 10,001 • 11.000 bl. · S100; and over 11,000 lbs. • S125.
The flnanclal savli'igs ID Y9tliclt w lncn • 11 wlh hlghlr' llftlll millgt:
vtnidN using 500 gallons of ,_,,.. gll per .,.. would pay the equivlltnl al
$0.14 per gallon (tor the S70 dtcll); Ille same wl*=lt using 1000 gallons per.,..
wculd pay the *"lvalera al $0.07 per ga,icn.
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COUNCIL COMMUNICATION
Date 5/ 5/97 Agenda Item Subject Pun:haN of Howard
Prtcellower
10 C Y
INITIATED BY Parka and Recreation Department STAFF SOURCE Jerrell Black, Director of Parka
And Recreation
Dave LN, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Approve the pun:h .. of a 1117 Howard price 180 15' mower.
Council Approved the pun:haN of a Howard price 180 15' mower In 1990.
RECOlalENDED ACTION
Staff l'ICHlmHdl ........ .., ............ pun:lme of the rotary -From Colorado
........ ., wt.
BACKGROUND,ANALYSIS,ANDALTERNATIVESIDENTIRED
PrNantly, the Parka Department IIIOW8 ....... turf araae with a Howard Prtca 15' mow..
It -pun:haNd In 1• and ha l'NClled the and of .. UNful ... The Fleet
Admlnletrator, Pat Whltll, l'ICommenda '9placlng the unit.
The Howard Prtca mower traV9le at a high epNCl. llllowing the mowing CNW ID kNp ID
their mowing achedule. Thia would be 11w third Howard Prtca 1IO 15' mower the Parka
Department ha pun:haNd. The unit hae proven ID be rallable and eafe.
ThrH bidden were contac:tad, and thlN ratumecl answel'I. Colorado General Equipment
Company raturned the low bid.
FINANCIAL IMPACT
Tha low bid was $53,704.00 and the pun:haee of thla equipment would be covered by
CERF.
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UST OF ATIACHIENTS
Bid documents
Specitications
Bid tabulation
Technical assessment
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CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BID ITEMS(S) -15 FT. ROTAJW MO'.!'!ER BID OPENING: March 31,199711:00 a.m.
BID
No. Bidder PRICE Remarlcs/Exceot/ons
1 Colorado General Equipment
1777 Brighton Rd. $53,704.00 NONE
Henderaon,Co.80840
2 Mlle High Turf Equipment
1901-C Leroy Drive NOBID
Northglenn,Co.80233
3 L L Johnaon Dlatrlbutlng Co.
4700 Holly StrHt $54,998.00 NONE LISTED
Denver, Co. 80215
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15_11_rolary_mower_TAB
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Minimum Specifications for 15 ft. Rotary Mower
Engine Turbocharged diesel, Minirrun 90 horse power, Ucpt cooled, 12
volt system, Cydcne air cleaner with pre-cleaner, Spin on oil filter, Waa separata-
with spin on filter and drain
Gauges
Oil Pressua
Tadt, Hot.m'leter, Engire Wat. Temp., Fuel, Hyd. Fluid Temp.,
Safety PAJSt meet ANSI & OSHA approved roll over pra1llc:ici I System
Standards, Must be •street legal" with all applicable lig1ting & safety felll.ns, Seat
belt, Slow moving vehicle emblem, Flashing hazard lig,ts. AD applicable safety
features fa' unit tc meet a6T8r1t standards.
Drive System Hydrostatic Closed loop with high capacity oil ccolel" aid
adequate reservoir capadty fer cccling & 1'11NM1, Equipped with fillration sysmm
sized fer the unit
Mow Capacity 14.5 acralhcur with maxinun overall Widlt1 d 15 S-
Seat Cornpresscr ccntrolled air ride suspension
Castar Wheals Pneunl&ic roam ftllld
Tires Hv, t1c.wt1m1 ut type
Mowers Hyaaulically driwn nay mowas. RNr' dildage dldcs.
Hydraulically opaad raiN & lower
Stwtng
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COUNCIL COMMUNICATION
Date Aaeacla Item Subject: Beneficial Use
May S, 1997 10 C Yf 10 Yard Dump Truck Purchase
INITIATED BY STAFF SOURCE
LIE WWTP Supervisory Committee Stewart H. Fonda, Utilities Director
Jim Tallent -Operations Division Manager
COUNCIL C-OAL AND PREVIOUS COUNCIL ACTION
Council approved the capital replacement of one ten yard dump truck in the 1997 budget.
RECOMMENDED ACTION
The IClion aeconunended is to approve, by motion, the purchase of one new ten yard dump truck from
Transwest Trucks. Inc. in the IIDOUllt of$S6,271, which includes recommended options.
BACKGRC UND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Ten yard dump trucks are used to transport grit and debris removed from the UE WWTP influent flow . This
material is taken to landfill for disposal. These units occasionally serve in beneficial use, plant maintenance,
plant operations, and grounds-keeping capacities. This purchase is being recommended to replace units
according to current vehicle condition, age and the attached rq,lacement ICbedule.
Competitive !:>ids were solicited and the technical evaluation and purchase recommendation is attached .
nNANCIAL IMPACT
The cost of this expenditure will be shared SO/SO by the Cities of Englewood and Littleton.
LISTOF ATTACHMENTS
I . Capital Outlay Request
2. Replacement Schedule
3. Bid Proposal Tabulation
4. Technical Evaluation
S. Recommendation for Purchase
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OPERATING CAPITAL OUTLAY REQUEST
! Department or Fund: 11-03 I Division : Beneficial Use
Descriplion of equipment or object expenditure:
(Must be more than $IOO and .... than $5,000)
10 yard, tandem axle dump truck (1 ea)
Explanation of neccesity or benefits of this expenditure:
11-03-44121
Units scheduled to be retired are 1989 models (#8358-#8359). Two units were anticipated to
be replaced, however need of four total units is not necessary and recommended to reduce
fleet to three units total.
Total costs of placing
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Estimated Costs Unit Cost Total Cost
Purchale Price 65,000 65,000
lnstalalion NA NA
Total 65,000 65000
Less Trade-In 0
Total Net Cost 65,000
Annual Oc,eratina Cost
Total First Year Cost 65,000
Is this expenditure nec:essa,y because of increased personnel?
No
Recommendation for equipment displaald:
City auction or separae auction
(#8358 and #8359 to be replaced)
Approximate date of purchase:
Summer 1997
List and describe similar equipment in department:
The facility currently owns four, ten yard, tandem axle dump trucks for hauling grit and rags to
landfiR. Fleet will be reduced to a total of three units with this replacement.
(#8358 and #8359 to be replaced)
Purchasing Agent's Comments:
City Manager's Review: Approved : __ Not Approved: __
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Vehicle
Number
8358
8359
8368&
8369
8445
new
8426
8427
8428
8429
8432
8418
8419
8430
8441
8444
new
8556
Vehicle
Number
8438
8439
7!'219e
M:\98vfeplc
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11-03
BENERCIAL USE EQUIPMENT REPLACEMENT SCHEDULE
Description, Replacement
Model Estimated
Description Year Replacement Division
Date
10 Yard DumP-lntl. 1989 1997 B.U.
10 Yard DumP-lntl . 1989 1997 B.U.
Ram Eject 1980 1997 B.U.
Tractor/Trailer
Manure Spreader, John 1995 2003 B.U.
Deere 785
Jcl-n Deere 780 Manure 1988 1997 B.U.
Screader
John Deere 4450 Tractor 1987 1997 B.U .
10 Yard Dumo-GMC 1990 1999 B.U.
10 Yard DumP-GMC 1990 1999 B.U.
One Ton Pick-up. Chevy 1991 2000 B.U.
East Push Trailer 1988 1998 B.U.
East Push Trailer 1988 1998 B.U.
East Push Trailer 1988? 1999 e.u.
Lowboy Trailer 1994 2004 B.U.
Loader, Front End, Volvo 1995 2010 B.U.
Pica Trailer 1983 1998 Maint.
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OPERATIONS VEHICLE REPLACEMENT SCHEDULE
DNcrtption, Raplacermnt
Model Estimated
Description v ... Raplacemant DiYi9ion
0..
1995 2003
1995 2003
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• CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BID ITEMS(S) -53,220 GVW TANDEM AXLE DUMP TRUCK
Bid Opening Date: April 2, 1997 11 :OOa.m.
I Dump nNIN Air
Truck lllrrota Cond.
0 Bidder OPTION OPTION
1 Trana ... t Trucks, Inc.
PO Box 1IOl8 $54,132.00 $172.00 $117.00
Denver, Co. 80211 EACH EACH
2 Burt Chevrolet
1200 S Broadway
Englewaad, Co. 80110 -.
J Rocky llln. lntn1 Trucks
3280 Brighton Blvd. $11,417.00 $100.00 $781.00
Denver, Co. 80211 EACH EACH
4 Mountain Statn Ford Truck• $11,948.91 $15.00 $825.00
5025 Vaquez Blvd. $59,294.91 $85.00 $825.00
Denver, Co. 80211 EACH EACH
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Low1:m1•.
Engine
OPTION
$1,084.00
EACH
INCLUDED
INCLUDED
INCLUDED
Remarb/Exceptlon•
SEE EXCEPTIONS
$108,254.00 FOR lWO
NOBID 4
SEE NOTE
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$112,834.00 FOR lWO
SEE EXCEPTIONS ';
$113,896.82 $118,589.82 (OPTIONS)
53220GVW DUMP TRUCK . TAB .-.
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Technical Evaluation
April 10, 1997
53,220 GVW Tandem Aue Dum
cation
1997 Tandem Axle Dump Truck equipped with all manufactures Yes
standard eauinmmt and ontions.
I. Meets all applicable Federal and Slate standards. Yes
2. Be eauinoed with cab assist entrv bandies and lteDS. Yes
3. Tilt hood. liberidass with fenders . Yes
4. Dual mimn. 7"x 16". Ya
5. Electric~ windsmeld wipers. Ya
6. Standard instrument panel with all applicable gauges, including hour Yes
mellr and air c1-ratriclion ..,..,__
7. Power air cab YCDlilation and beat Yes
8. AM-FM radio. electricallv tuned. Ye,,
9. Air ,..,.._,•ion hillh back drivers seat Yes
10 . Noa susmmion DUSellllel' bucket seat Yes
11 . Standard cab trim and insulation oackue. Yes
12 . Vacuum formed Ooormats. Yes
· 13 . Rillhl and left band sun viJon. Yes
BrabS""'...,
I. Air svstem. cam 1V1!e brakes. Yes
2. Aulamatic slack adi1111Crs, &mt and rear. Yes
3. Air . 13 .2 CFM minimum. Yes
4 . l=.....innml. with a Bmdix AD9 air diver. Yes
s. Moisture ..;.,,,,,,._ aulamalic and heated. Yes
6. Brake system to .-all applicable safety standards and Ya
Emu.
I . Turboc1111r11mdicsel. 21S 11mU H.P . minimum. Ya-21S HP
2. Sinale. wn=.1 R.H. tailnine. Yes
3. Orv 1Y11C air cleaner. Daaaldaon brand. Ya
4. 1000 watt block beater. Ya
S. Cold swting aid. Ya
I. Dual batteries . ISOO amm. Ya
2. 100 amn alternator . Yes
3. Tachometer and ""ai"" alarm. Yes
4. Electrical cucwts an to be motected with circuit lnakcn. Ya
5. All wiring for auxiliary lighting (dump box, CIC .) to be of standard Ya
siz.e for the voltage requirements, all coanections to be soldaed wilh
beat shnnk. and all lighting to be of standard IIIAllllfal:tur and mee1 all
annli,,able standards.
I. 6 soo.i auuxnauc Alli,ioa MD 3 560P
2. E wuh an awalwv oil cooler .
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Mtn IDln ·1 Mtn Stale5 Ford
Yes Yes
Yes Yes
NI• Yes
Yes Yes
Yes Yes
Yes Ya
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Ya
Yes Yes
Yes Ya
Yes Ya
Yes Yes
Ya-230HP Yes-230 HP
Yes Ya
Ya Ya
Ya-12SOwaas Yes
Ya~ No-Air Intake
Healer
Yes-llS0amm No-96amm
Ya Ya
Ya Ya
Ya Yes
Ya Ya I·
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Front Axle
I I. 14,600 LB e&""ritv front axle. I Yes I Yes I Yes
I 2. 14,600 LB front sus,-,•ion. Multi leaf. I Yes I Yes I Yes
Rear Axle
I . 40,000 LB Eaton sirurle fflO!!l!d axle. Yes Yes Yes
2. 40 .000 LB canacitv rar ..,..,.,,,,.ion. S2". HcndricltJoo !Vnl!. Yes Yes Yes
3. Ratio : 1--' 7.17 . 6.50 6.S7 Ya
Chauis
I. 174"wheelbue. IOl"CA. 170"CE. Yes 170 177
2. 80,000 mi vield ---steel &ame with reinforccmml. minimum. Ya Ya Ya
3. Standard ... _ .... ; ... ..i Ya NI• Ya
4. SO /US) ... 11 .... L.H. Sia> fuel tank. Ya Ya II Ya
Wmcls and Tiles
I. 22 .Sx7.S 10 bole. bub ,,;1.nr..t Accuride OCT steel dilc. from. 22 .Sx8.2S 22 .Sx8.2S 22 .Sx8 .2S
2. 22.Sx1 .S 10 bole. bub ,,;1.nr..t Accuride OCT steel dilc. rar. 22.Sx8.2S 22 .Sx8 .2S 22 .Sx8 .2S
3. Michelin I JR 22.5 H (16 ply) ndial tubeless premium highway uad, Yes Yes Yes
front.
4. Michelin I JR 22 .S G (14 ply) ndial tubeless higbwaylrletion block Yes Ya Yes
uad,rar.
s. s ...... wheel and tiJe (&ont) to be sunnliod Yes Yes Fronl/Rar
I I . Solid color exterior-white Yes Yes Ya
2 Interior-addle Ya
n. ...... Bodv
~ Wmm Wmm Wmoo FMDtier
I . 13' dump body of std. width to tit supplied cbusis (inside dim . to be Ya Yes Yes Yes
a min. of84").
2. I nno sills shall be T° -I" beam or S1JUCtUra1 cbumel. Yes Yes Yes 8inch
3. Cross manben shall be 4" -r beam or SUUClUral cbumel. Ya Yes Yes No
crou --4 Floor shall be cons!IUC10d of at least 3/16" hi-tmsilc steel, widi a Ya aa,pt JS mcb Yes aa,pt I S inch Ya-IS Yes
maximum of one seam ttwo piece), supported by crou manben on 12" cmlen, inlllrlaced oenlen, inlllrlaced inch
cenlcn. If a middle seam is to be considered direct lllppOl'l. lhe aoss under.------manben are to be inter•WO\'m or laced through lbe long sills, making withnocemcr wilhnocemcr
lbe whole suiMlructure flush . --S. The sides shall be COIIS1rUCted of minimum of IO pup steel and haw 9 inch radius 9 mchradius 9inch 4 inch
a 2" radius where the floor meecs lbe sides . radius radius
6. The top ml shall be boxed and lbe bad and lailpte shall be higher Yes Yes Ya Ya
lban lbe sides, nwumwn of 6 inches, with lhe &ont and rar double
111..-..d for side board extensions .
7. f.;;iaate shall be double .,,,;na with of&et h;na-. Yes Yes Yes Ya
8. Sba1l haw full pcnmeter box bracing and include borizolllal and Yes· 6 panel Ya -6 panel Yes-six NI
vertical hn,,ina as well . ... .....
9. Combination stop. tum, and running ligbls shall 1,e _. in the Yes Yes Ya Yes
comer posll. Comer posll to be full lqth. full bolster type . All liahll
shall ~ to ICC and Federal DOT nplatims, wilh all e1ec:uica1
OI D 111"1YJN to be soldcml With lat shrink. I·
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DumnBodv
10. Cab shield sball be of indullly ltalldud full, per OSHA CFR 29-Yes Yes Yes Yes
1926.601 (6) comttuctioa manual #2207 oocupalional sa&:ty and '-1th
ADV . The City of Englewood will be iaformm in detail prior to any
lllOUDl u to bow mueh of lbc cab-lbc shield will CO\IW.
11 . Shall haw ID in-cab elecaic --iDdicauJr lillht Yes Yes Yes Yes
12. Shall be 1111Dpped with a bade-up alum and caafonn to SAE Yes Yes Yes Yes
llamlard J997b C1us C IOIIDd le\oel 97db (A).
13 . Shall be ecppped with 36" minimum IDti-uil mud flaps (ao Yes Yes Yes Yes
-----).
14. Four..-ladda-llllQlled oa ~ fnmt oa bodv . yes-fold down Ya-fold down Yes Yes
IS . Hoilt ii to be a ...-ac1U11 ~ !ill bout, all biap poim llbaD be Yes Yes Yes Yes
alt lubrialed. a_. NTEA
16. Body IUpplllU lball be pn,vidDd and be.....-to IUIIPJlt ID Yes Yes Yes Yes
-1-t.r iaa miaml .....itinn far .._..is.
17. "Hot abift" PI'O with --oa Aulo. Yes Yes Yes Yes
II. !llinat.. wlw b DOWW 11P OIi baist. Yes Yes Yes Yes
19. Hydraulic tank, pump, bmm, and i111ine lilt« to IDllel recplinmmls Yes Yes Yes Yes
afbaiat ad durnn.
IllmmBndvPaim
I . a...... bodv to be . lll'imllll bmn milllinA. Yes Yes Yes Yes
2. Finish color ii to be white ad be af a mn to resilt 1111t and-· Yes Yes Yes Yes
3. Paint bnnd, type, and numbs ii to be aupplied. Yes Acrylie-1 Acrylic Yes --Mama
I. Compida apntor (3 oapies). pmu. and mw. -1& .. to be Yes Yes Yes
.....&wt (truck and bodv).
Cllllllimo
I. Hestad Mimn. Y...Sln Y...SJOO Yes-S6S
2. AirC .. Yes-Sl17 Y...s711 Yes·S6lS
3. LI)\· Emillim Enmna Yes-SlOIO ...... iaduded
4. Any ads applicable _......._.. llamlard oplicm . Yes-S70 No No
lpCll mimlr-$30
rai..t 4" n,a(.$4()
s. Sia"~ •• of bid cartificalioa No Ya No
6. Unit hue bid price. 154,132 SS6,'14 SS6,941 .91
cw->
SS9.29UI
(Fnllllilr)
7. Unit price with nu•rnrNl!ded opoom $56,271 SS7,29S $57,631 .91
cw-> •
SS9Jl1U1
(Froalilr)
8. Estimatod dajW!l'V time. ISOdmi 1so-60-120-
0 Nl • Noc lndicatad
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UTILETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
2111D s. ,,_ ..... Dnw
Eng!Nmd. ~ IOl10
(3031112-2900
MX1'12-2120
• •
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MEMORANDUM
To:
From:
Date:
Dennis Stowe, Plant Manager ~
Jim Tallent, Operations Division~
April 11, 1997
•
Sabject: Technical Evaluation ml Recommendation for Pun:hue of one 10 Yard Dump Truck
A request for bid wu sent to four vendors to purcbue one ten yard dump truck for the Littleton/Englewood
W astewatcr Treatment Plant Three vendors responded to this request.
Submittals were reviewed ml a technical evaluation baa been completed. All units are technically acceptable.
I recommend purcbuc of one ten yard dump truck &om Trwwat Trucb, Inc. in the amount ofSS6,271.00.
This purchase sball include the following:
• Ten yard dump truck
• Caterpillar 3116-230 HP BEUi low emi1POD en,mc
• Heated side mimln
• Air conditioning
• Raised 4 inch cab roof
• 2 each -8 inch apot mirron
Total
$54,132.00
$1,080.00
$172.00
$817.00
$40.00
$3000 rtrna
Please charge this purchaac to account number 11-03-44121 fortbe LIE WWTP.
JT/fmc
Cc: Pat White, Fleet Administrator
Betty Goosman, Buyer m
Dorothy l.eaCln
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COUNCIL COMMUNICATION
Date Agenda Item Subject
May 5, 1997
INITIATED BY
Utilities Department
·-10 C vff Purchase of Dump Truck
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval, by motion, of the purchase of one, new ten yard tandem dump truck from
Transwest Trucks, Inc. in the amount of $56,255.00.
BACKGROUND, ANALYSIS, AND Al TERNATIVES IDENTIFIED
The proposed ten yard tandem dump truck is used for hauling dirt and fill material for main
breaks, routine water and sewer line maintenance and to install and repair sections of the City
Ditch . The ten yard truck is an upgrade from the current five yard truck. The existing truck is
inadequately sized for required jobs. The purchase is being recommended to replace units
according to CERF replacement schedule.
Requests for Bid were sent to four vendors; three responded :
Transwest Trucks, Inc .
Burt Chevrolet
Rocky Mtn . International Trucks
Mountain States Ford Trucks
$54,132 .00
No Bid
$56,417 .00
$56,948 .91
(Options for heated mirrors, air conditioning, raised cab roof, 2 -a· spot mirrors and a low
emission engine increased the base bid $2,123 .00 to $56,225.00).
FINANCIAL IMPACT
Transwest Trucks , Inc. is the recommended bidder at $56,225.00
The Utilities Department budgeted $20,000 .00 and $36,760.00 is from the CERF Fund for a
total of $56 ,760 .00 for this piece of equipment. In the 1997 Budget, the $20,000.00 was
allocated under #09-04-44121 for the upgrade to a ten yard dump truck.
LIST OF ATTACHMENTS
B id Proposal Tabulation
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CITY OF ENGLEWOOD BID PROPOSAL TABULA noN
BID ITEMS(S) • 53,220 GVW TANDEM AXLE DUMP TRUCK
Bid Opening Date: April 2, 199711:GOam.
I .,.,.. ..... ,..
Tnd ..,,..,. Cwtd.
0 Bidder ~ OPJJOlf
t T,....w.et Trucka, Inc.
PO Box 1IOII 184,132.00 $172.00 $117.N
Denver, Co. 80211 EACH EACH
2 Burt Chevrolet
5200 8 Broadway
Englewood,Co.80110
3 Rocky Mtn. lntn1 Trucka
3280 Brighton Blvd. $51,417.0I 1100.00 $781.00
Denver, Co. 10211 EACH EACH
• Mountain Statn Ford Trucb $51,941.91 $11.00 1121.00
5025 Vaquez Blvd. 159,294.91 $81.00 $125.00
Denver, Co. 11211 EACH EACH
t...8119.
~
°""""
$1,Dl4.00
EACH
INCLUDED
INCLUDED
INCLUDED
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R~c_._.
SEE EXCEPTIONS
$108,aUOFORlWO
NOBID
SEE NOTE
$112,134.00 FOR 1WO
SEE EXCEPTIONS
$113,196.82 $118,519.12 (OPTIONS)
m21GYWIJUIIP lllUCltl~ •
( . . )
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SJ,.220 GJ/W TtlllMlrl .A.rl. D11111p Track
~ Two.(:?), 1997 T.adcm A:ilk DllmJ) Truda equipped widl all m-·fec:arcs mdlrd cquipmcn1111d
optiOIIS.
VI . !\.1c:s all applicable Federal and s-stlDdlrds. 1, Be equipped wilb cab mist c:mry baDcl1cs IIKl sq,s.
VJ . Till llood. 5bcrJlass wilb fmdcrs.
~-Dual :11imn. fl( 16".
I'!. Elec::ic 1'<111>-spced wmdshicld wtpcn.
A. Standard illm'umcD1 pand wim a11 appllcable puses. im:!udfq 11our mea:r anct air c1cmc:
rsriaicm gau~
""· l'oWC' air cab ~ and heat.
.A. AM-FM radio. cla:lric:llly l1IDed.
.;,. Air~ l2icb bade drivers 5CIL
..ro . Nall~ plSsaipr buc:m sea. vf I. Slllldard cal, a'im and imulalica pacbge.
¥1 2. V:1a111111 !brmal floor mm.
vfr Rislll and le1I bad SUD viscn.
B) Brue S:-,ic::i
,A . Air ~ ;:mi type tnla:s.
~-Amamaac slacll: adjus(e:'s. &one md rar.
I,. Air ccaq:ressa. i;;: CFM :nininwm.
"'4. Equi;:pal wilb a Bendix AD9 air ~. v,-. Mois;-.:re tjcc:a, auiauuc md baled.
l'.i . Bnkc $)'Slc:1 to mm all applicable safety DDdlrcls 111d 1eqaiaa.am.
Q~p .
;/ 1. Turbo dmpd dicsd. 21$ P'Cl55 H.P. miDillmm.
/.~. Sill&lc, 'IICl'lica1 IUl. tailpq,c.
~-Dr,· :ypc m clcwr. Dooaldsoa lnDd.
~-!OOO -block ccmr.
/-. Caic! smti::c aid.
D } Elcc;:QJ
/:. Dual !mrcrics. 1 SOO am,.."'S.
v':. I 00 mp alla::llar.
/:. Tx:iciac= aid cape alana.
./,4 . £Jec:;Qi crcms m io be ;,rua:ia1 widl clraiil lnllim.
'/,. Ail wr.111 !br nxillary !i&lnma ldmap-. .. , 111 i.a1 ....• 11r -~ riq-
uirc:czm. ail ~ to be IOldcral widl ... *ilk. IDII Ill llpdDa to be al Jlllldard
:mcWCR 111d :neec au JPPlic:ablc llaldlnl&.
E) T issiCII ~ 6 speed llllaCaic Alli5'II MD l'60P .f:. Eq~ widl :m ~ oil IXIOlcr.
F) Frai\,-Wc
v i. 14,600 LB~ hit Mic.
.,f:. !4 ,600 LB~ s»spc:mim. Multi Im£
r. u, -
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..... ,h.,, ,.,...,,., 1 vL •... v ...
G) Rc:ir Axle
.A. 40,000 LB Eaton siqle speed axle.
~-40,000 LB QPacity RaJ' suspc;ision. sr. HCtc:riWCIII type.
~. Ratio : l spcal. ur. i,, , ii
H) Chaw,
/,I . li4"wheelbasc. IOI-CA, 170"CE. '1;. S0,000 psi yield Sll'Cgth .ted fnme with rcinfcrc:c:icm. minimual.
"'· Sl;mc:ard bumpc:. paimaL IA . 50 (13S) pl]OII L.H. SlQ fad Wile.
n Whc:c!s• r:res1,>'s / ~-;:-~it~ :o ~ole. hub p~cxcd Aa:-.iride OCT me!~ tau.
-· ~-~ .o DOIC. IIIID D11Clled Accundc OCT s:eel disc:. rear.
,I\ :.ticbe!il111R ::.5 H Ci 6 ply) r:adial Nbc!css i,n:::Dium hilb"'IY uad. ltoDL /j. :.ticlldin 11 R 22 .! G (1.t ply) radial tubc!ess ili&llw;y lr.lCion blodc lrCld. I'll!'.
/5. S!*'C wheel 211d tire (!ran) to be Sllpplir-
J) Pa.int fnd Ii=icr
/J . Soli4_ coler em:ier-white
~ !Dte::er-~.
Kl DampBody ~ ~ ~ c"l" """'"-TIIN· v si./-
1. 1;· C:')"Reei dump body ofstci. wicllh to St ~li ed c:ltassis(lmlde 4lm. IO be a.mm. o(.J.-1.
2. Loar siils shall be ;--r be:lm er sna-.n1 c::mae1.
:; . C."aG ==bcrs sball be 4" ·r balm er SINClnl =-cl.
4 . l'loor sllall be~ otai lasl ;ilo !u-te:ISilc Sled. wldaa maxima afCIIC sem:i
( • I.I v
(?WO pic:c). sappmtai l,y C'OU mc:zibln Clll I:'° IZmG$. 1£ a lllidllk -ii IO bs =:miGlrcd
direc: ~ :ht C'llA mes~ :n :obs ::r-WC9C at 1.xed-. die lea& Si1IL =amc
me w11o1, suiHI:-= allSh. -
S. Tl:e sides .ball be c:cmsa-.-c:cd a! ::mimum of , o pqr ..i ad aw a!" n6:s ._ me
flocr .:er.s tile sides.
6. i1le :op !:Iii sllall be baxcd :m4 Ule !ICK IIMi tai.lple sllall be llillllr lllla die sides. =illim1llll
of 6 incics. with the !rent md mr double ~ fer 1idl bad m I cw.
i . T~ shall be daaolc XliDg wim cd!rc: !lills=s-
1. Siiall !lave lull pr.mete: ~ i:JrxillC 111d iDcude !tOl'imal ad .....i lnciDs • wa!.
9 . C~i:lum'.on siop. 111m. 111d l"QIIIUDI liglns sllall be :'11:181111 la die ancr ,ma. C.nc ;,cm
to cc fllll ic:1111L lull bolslcr ~ All liprs sllall oadlm ID ICC 11d Ftlllnl DOT !WI"
~ wilb all clcc:riQI cmncioas IO be soidcld willa -...
10. C3b shidd sbal1 be aiill4ullry DDdard 1111. pc: OSHA ~l!l-192U01 (') rmmw::im
:mziual •2.."07 oi:=p:mOll.2.I s:lfily lllld llll1tb ADV. Tllc C-11y ~ will be idmcld
ill dclil prior t0 any mOUDt u to bow :wdl of:hc cat, area die meld ,will CCMr.
l l . Shall ll.lllC m ~ c!ec:rie bocl)i-up indlcmr !ipt.
12. Shall lie cqllipprd wiUi :i back ·IIP alarm md c:lCD'lll to SAE llaldad "97b C!III C ICllllld
l-l 97db (A).
!3. Shall be~ widl 36• milli.11111111 ami-sail :zillli a..,& (DO ad<cti11mmr).
l4. four rung !adda :siounted <11 ri&llt ~ c:ia ~-
15. HCISI :s ro be a siDgJe x::nc !Mad 1.14 ~ all lli:lp poi:m mil be mti lllilril:lllli. ad
meet ~ pcrilrmance rcqwrcmcmL
l 6. Body SllppcllU sllall be ;in,vtded ml x adcl;'=e :o ,appmi III a;,iy bod)' ill a rlilld ;w-
inOII ~er sc:,.ia ~
17. ·Ha ,;!-.!tr 1'!0 wtr!I live po'wa' ca Auto.
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L) Paim
I. Qlap lalJ 11t be g »lad)" primal bdR paillliiq. / /
2. flld* calar ii ID lie .... ad bev/a padrlD nml 11111 .. -.
J .......... l)lpl,......... .......... /
M) Mllll8II /
1. Clllplecipcsa,r(Jaiplls).111111.ad_.. ..... ., ....... (lna..Sllady). /
N) OpdCIII
l.RlaldNlmn.
2.AsCeWah,s "'/s,uw/,~ N-t'
J.1-Eilillilll Eaailc,
4..AsfGllllrappllcallls O Gi ..... apdaa.
s CZ..•·,' ,J"~~ ~"'.-' ~ -~·s,_.,.,,,.,,,,..s At3c,-
7 tJ,11,-;J.:JIJ~j,w,l,Pf"~ ,/()I,-f.JO
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ITEM
NO.
1.
2.
3.
• •
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BID P~CPOSA!.
53,220 FT. GV"lf TANDEM AXLE COMP TROOt
Jqqg G,w:. 10pJc.cd~ i"'e, T J.J.o'1c.J
EST.
D£SCR.::?T:ON ~
53,220 :"::. GVW TANDEM
AXu: iA.°1'!? TRCC!<
Ai.: Con~tioi:i::ig w/'-"
!.ow ~nior: !:cqi:1e ~ ..
~ ot!ler applioule
a&lldac~ •~
opu-are to lie li•~
a10Q11 with costa
2
orncas
l
PRICE
EACH -.:,
s 51/132,."'
$ 111.-
$ s,2-
$ '°'(/-
8!0
~ ,,,
s5t/lJZ~
~1)82/r/~tw,
I
$ 31./ '"' "'
$ /t,,J'/ ...
s Zlz.f -
!sti::l&te-:i da~e of deli ver1 __ .;:~.,-e!.;.;..;..1'__.;/:....:S::..fl~C.,._~_.,_...;., _______ _
au. ~ r .o. B. en or mnr..,.,,,
2800 Seuth ilatt• River Drive
Enqlevocd, CO 80110
INVOICZNG tt.~S ~~ 3v Q..., j
PRICE QUO".;; :!RM !'OR~ DAYS.
actr.:oNs : t .s:, 1r,;,·, . f, ~, ,, f,#,o,-HP ,.,4.u1.
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DIile
Mays, 1997
INITIATED BY
Librarv Oeoartment
•
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COUNCIL COMMUNICATION
Agendllltem
10 C viii 1
I STAFF SOURCE
Hanklnnn
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
•
Subject
Award Contract for Library
R . Proiect
City Council previously approved Ordinance No. 61 , Series ol 1996, appropriating fundl for varioua l.ibra,y improvements. Staff
advised Council of the project status and funding requirements Ill the April 7, 1997 Study Seaion, and Council gave their preliminary
approval to proceed with soliciting bids for the conslrUction pheM ol the project.
RECOIIIIENDED ACTION
.......... Counel ~ by molon, a OOflltluctlon conlract In the amount ol 1333,500.00 to Alh & White Conllruc:llan
Collpenr. TIie ~ -*&t anallll lncludN .. a.. Bid (Main l.ln,y) and the two Alternates (Community Rooms and
Ollce ANM).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Library and Public Works staff have identified various improvements required for the Library, including:
• Replacement of existing Ceiling Grid & TIIN
• Replacement of existing Lighting Systems
• Replacement of existing HVAC System
• lnatallation cr1 ,-F"mt Sprinkler Syslem
• Repainting ol Library Interior
Staff has recommended that all of U-impn)v9rnenla be co.,,pleled III the ume time in order to l9dllCe the overall coeta ol doing the
project in pha8N and to eliminate additional cloeure ol the Ubrary to the public . The ecope ol the projec:I requirN the Library to cloN
on July 26"' with re-opening scheduled for the _. ol Augult 25"'. No Library met9rlala wil be due during the period that the Library la
c:loeed to the public. The City retained the NrvicN ol Eric Bal1czak An:hlllda to dlwlop plane and apecillcatiol•. Library and Public
Worka staff wOf1led cloeely with the architect to -a IUCCeNful project. Genelal COi11rac.10r1 -lnviled to submil quallllcation
applicalions. Eight contraclora -p19-appn,V9d to bid lhe project.
Five bids -~ for lhia projec:I • dalailed in .. alll:hed Bid Pn,poaal Tabullllion. TIie AldlllC:la Ellimae for lhe bae bid is
S304.000. The total Nlimaled com tor the ..,. projec:1-dlllalled below, a1ong w111 .. fundl availlble to c:omp1e1e the projec:I:
PIPitdGPR .,,....... 111111111 Fl.lllda
8aMBid 302,900 03-21 Ubrary Corridor Emnaion 5,000
Allematft 30,600 03-311 10 YNI Paving Plan 210,000
Pro,ect Administration 12,600 03-85 ayHalHVAC eo.ooo
AlbNtoe Abat..nt 6,000 03-74 ay Hallllllrary SpriNder9 40,000
Contingency & Earty Completion :ll.mK2 05-21 Ubrary Ca,pet Slaft "'-9,151
T Olal Project Coel 1311,IOD 05-22 Ubrary Cearlg I~ 25.5111
06-23 Ubrary NIie Fumilt*lgl 1,000
05-24 Ubrary 8111 Fumilt*lgl 20,000
05-25 ..... I.Inly ... ~ , .... ,..~ ......
UIT Of' ATTACl-ff'I
Bid T abulalion
Connel
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Bid time : 2:00 MSDT, April 23 , 1997
An:hileds Base Bid Estimate : $304 ,000
BIDDERS ATIEND
(PREQUALIFIED WALK
GENERAL CONTRACTORS) THRU --·----Co. P.0 ... 17
ic.. ..... co.,o. YE8 ...... --........
....... eo.t. Co. Inc.
1400 Oneida SI.
Denvel",CO I0220 YES
..... BrelrlS Sr.
322-1290. fax 322-9453
.JottJr and COlllf•ll'I
40 W . L.oulliana Ave
Denvel", CO 80223 YES
RanBowers
7~108, fax 74'M1159
-Goldall Corp P .O . Box338
Calla Rock, CO 80104 YES
Michaal Gokterl
eaa 8148, rax 688-8289
.. _hrs ................ Inc
12201-C2 E . Arapahoe Rd . YES Eliglawood, CO 80112
790-1814 Barry Himmelman
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ENGLEWOOD LIBRARY REMODEL
BID TABULATION
BID ALTERNATE ALTERNATE
ADDENDUM BOND BASE BID N0.1 N0.2
NOTED Community ATIACH Office Areas Rooms
RI
''<i •·• : :/':
m va NOZ,800 18,100 S22,l500 TO.T~ ·~li3,5()9
f . ...... ; i\, . .;: •/i:iJ:. i."->" I ··•. /\_.:; • .;;;;;.)>{
,
YES YES $312,982 $12,965 $30,760
r I 0
YES YES $339,226 .96 $14,882 $35,815
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YES YES $344,900 $14,900 $31,500
YES YES $365,391 ' $7 ,500 $30,000
Page 1 of 1
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COUNCIL COMMUNICATION
DATE: May 5, 1997 AGENDA ITEM SUBJECT: Comprehensive
Zoning Ordinance Amendment
11 a i
regarding Pawn and Auto Pawn
INITIATED BY: Neighborhood and Business STAFF SOURCE: Mark Graham, Neigh-
Development Offi~ borbood Development Coordinator Neigh-
borbood and Business Development Office
COUNCIL GOAL AND PREVIOUS COUNCll. ACTION;
~QQIL
Council has adopted quality of life goals consistent with improving the South Broadway area .
The proposed ordinance implements goals of the South Broadway Action Plan goals of im-
proving perception of Englewood as a safe and attractive place to live and for shopping and
entenainrnent.
Prcvjous ~ &Wm;.
Responding to citiz.en requests, City Council initiated South Broadway studies in May 1996 .
Citizens described their concerns with the decline of South Broadway and the associated im-
pacts on adjacent businesses and nearby residences. Staff hosted a series of meetings with
stakeholders including residents and businesses during 1996 to identify issues and strategies for
improving South Broadway in Englewood . Staff summarized the concepts, issues, and strate-
gies for improving South Broadway in the South Broadway Action Plan 1997 (SBAP).
The proposed Pawn and Auto Pawn ordinance is an implementation strategy of the South
Broadway Action Plan . Promoting the goal of "compatibility" the Action Plan directs staff to
"Develop land use reconunendations for compatibility of pawnshop[s] ... with neighborhoods ."
There are significant negative perceptions of Pawn businesses and concerns in the community
that Pawn businesses are concentrating on Broadway in Englewood . The proposed ordinance
addresses the issue using the zoning ordinance to establish distancing requirements for pawn
businesses . The effect of the distancing requirements is twofold . First, it limits the total mun-
her of pawn businesses lb.at can locate on Broadway specifically, and in Englewood generally .
Second , ir prevents a future concemration of pawn businesses.
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RECOMMENDED ACTION;
Neighborhood and Business Development staff recommends that City Council schedule a Pub-
lic Hearing on June 2, 1997.
BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED;
Both residents and businesses are concerned with the commercial vitality of South Broadway in
Englewood. There is a desire in the community to enhance South Broadway and to mitigate
the impacts of busincsscs perceived to be adversely impacting other busincsscs and nearby
residences. Pawn businesses on Broadway are perceived as a negative influence. In the South
Broadway meetings, citizens mentioned a concentration of pawn businesses indicated to them
that the area is in decline . Consistent with the idea of redeveloping the Broadway corridor, the
proposed ordinance would cap the number of pawn uses permitted on South Broadway in
Englewood.
The So111h Broadway Action P/an(SBAP) recommends a series of actions to revitalize South
Broadway . Both the Planning Commission and council have endorsed the 1997 plan to improve
Broadway . One of the recommended actions is addressing the issue of pawn shops and auto
pawn businesses. Several proposals to resolve citizen com were studied, such as: elimi-
nating pawn as a permitted use in B-2 Zoning, establishing a period for the businesses to relo-
cate, or establishing distance requiremcnls between pawn businesses. Staff met with comnm-
nity stakeholders including residents, business associations and pawn business owners to dis-
cuss the adverse perception of pawns and possible solutions. Based on those meetings, staff
recommends that Council establish distancing requirements to addresses the concerns of citi-
uns and pawn brokers.
Existing pawn businesses that do oot meet distancing requirements will become non-
conforming uses subject to the resuictions that apply to any non-conforming use. Businesses
may CODlimle at prescnl locations and transfer ownership unless discomumed for 180 days then
they could oot be re-established except in conformm:e with the new ordinm:e. Rcpreseara-
tivcs of Englewood pawn businesses are on record before the Planning Commission supporting
the outlined position .
FINANCIAL IMPACT;
None .
LIST OF A'ITACHMENTS;
Bill for Ordinance
Findinas of Fact
Staff Repon
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ORDINANCE NO . _
SE:uES OF 1997
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BY AUTHORITY
ABILLFOR
COUNCIL BILL NO. 48
INTRODU~WfCIL
MEMBER_~-~~~~-
AN ORDINANCE AMENDING TITLE 16, CHAPrER 4, SECTIONS 10, 12, AND 13,
OF THE ENGLEWOOD IIUNICIPAL CODE 1985, PROHIBITING
P ·'WNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS
I :TRICT; ALLOWING PAWNBROKDS AND AUTOMOBILE
P.-.'NNBROKERS AS PERMITTED PRINCIPLE USES IN THE B-2, BUSINESS
DISTRicr WITB DISTANCING REQUIREMENTS; AND ALLOWING
PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE 1-1
11'1DUSTRIAL DISTRICf AS PBRlll'1'TED PRINCIPLE USES WITH NO
RESTRICTIONS .
WHEREAS, the City Council of the City of Englewood, Colorado has set the goal of
improving the bW1iness and residential quality of life in the City; and
WHEREAS, the 1979 Englewood Comprehensive Plan aims to preserve and protect
the residential nature of the Englewood community; and
WHEREAS, the 1979 Englewood Comprehensive Plan aims to create a balance of
commercial uses to reflect the character of the neighborhood; and
WHEREAS, the purpose of the 1997 South Broadway Action Plan is to create a
balanced and vital commercial and residential environment in the South Broadway
corridor; and
WHEREAS , the citizens of the City have expressed concerns regarding the
concentration of pawnbrokers and automobile pawnbrokers in the Englewood
community; and
WHEREAS , the regulation of pawnbrokers and automobile pawnbrokers is
reasonable because of the opportunity such businesses offer to criminals for
disposition of stolen goods; and
WHEREAS, a concentration of pawnbrokers and automobile pawnbrokers gives
the public a perception of a decline in the economic health and quality of life in the
community; and
WHEREAS, the effect of the distancing requirements is two fold : first, it limits the
total number of pawn businesses that can locate on Broadway specifically and in
Englewood generally; and secondly, it prevents a future concentration of pawn
busineSBes; and
WHEREAS, this zoning recuiation i1 deaiped to protect the health, aafety and
welfare of the citizens of Englewood ; and I·
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WHEREAS, these factors create a reasonable basis to distinguish between
pawnbrokers, automobile pawnbrokers and other types of businesses under this
zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Se<;tjon 1. The Englewood City Council hereby amends Title 16, Chapter 4, Section
10, Subeection E, by the addition of a new Paragraph 8, which shall read as follows:
18-4-10: B-1 BUSINBS8 DIBTBICI':
E . Prohibited U11e11 .
1. Adult entertainment and service establiahmenta.
2. Manufacturing.
3 . Outdoor storage of materials, supplies and equipment on private
and public property.
4. The outdoor display, storage or sale of clothing or household
appliances, furniture or other items commonly used in a home,
whether on private or public property.
5. Warehousing of products or items not sold on the premises.
6 . Sale at wholesale.
7. Sales or service activity shall not be allowed from any temporary
structure or vehicle unless a building permit application has been
submitted for a permanent building or structure to replace the
temporary structure.
8 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS
DEFINED BY AND WIDCH ARE REQUIRED TO BE LICENSED
UNDER TITLE 5 OF THIS CODE.
Se<;tjon 2. The Englewood City Council hereby amends Title 16, Chapter 4, Section
12, Subsection C, by the addition of new Paragraphs 13 and 14 which shall read as
follows :
18-4-12: B-2 BUSINESS DISTRICT:
C. Permitted Principal U11e11. No building, structure, or land shall be used, and
no building or structure shall be erected, 1truc:turally 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 B-1 Business District.
2. Animal ho1pital1, kennell to be encloaed and rum endoeed by a fence
six feet (6') high .
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3 . Auction houses.
4. Automobile leasing.
5. Automobile sales at retail by a dealer licensed by the State of Colorado,
including services and accessories.
6. Drive-in eating or drinking establishments.
7. Adult entertainment ahall be permitted so long as it complies with the
following requirements:
a. No adult entertainment or service facility ahall be located on any
site unleu such site is not less than the distance limitation as
required by this Section.
(1) One thousand feet (1,000') from the location of another such
adult entertainment or service facility.
(2) Five hundred feet (500') from the boundary line of any
residential district defined in the Comprehenaive Zoning
Ordinance, as amended, including, but not limited to,
R-l·A, R-1-B, R-1-C, R-1, R-2-C, R-3 or R-4 or similar
residential zone district in an area acljoining the City of
Englewood, or any religious instituticm, public park, public
library, community center, or educational institution,
whether within or without the City of Englewood.
b. Measurement of Distance. All distances provided herein shall be
measured as follows :
(1) With reepect to the distance betwem a location for which an
adult entertainment or service facility ia propoeed and a
location where auch a facility uiata, the distance ahall be
meuured by followinc a atraipt line from the nearest point
of the property line of the propoNd liceued premiam to the
neareat point r:4the property line of the uiating licensed
premises.
(2) With respect to the distance from the boundary line of a
reaidential district or any religious institution, public park,
public library, community center, or educational
institution, the distance shall be measured by following a
atraipt line from the neareat point r4 the property line of the
proposed licensed premiaN to the nearNt point of the district
boundary line; or in the case of a religious institution, public
park, public library, community center, or educational
institution, the distance shall be meuured by following a
lltraipt line from the neareat point of the property line of the
proposed licensed premiaN to the neareat point of the property
line of a relilious institution, public park, public library,
community center, or educational inatituticm.
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(3) Where the proposed location of an adult entertainment or
service facility is a vacant parcel of land upon which no
permit has been issued for the construction of a building, all
distances shall be measured from the nearest point of the
property line of the land propoeed u a location for an adult
entertainment or service facility. Where the proposed
location of an adult entertainment or service facility is a
vacant parcel of land upon which a permit bu been isaued
for the construction of a permanent building for such use, all
distances shall be measured from the nearest point of the
property line u shown on the survey of such parcel of land.
8. Feed and seed stores (excluding the sale or storage of hay).
9. Food locker storage.
10. HOBpitals and convalescent homes .
11 . Mortuaries.
12 . Motels.
13 . P-ahepe llll4i aemul hmul •••·
13 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS .
A. NO PAWNBROKER OR AUTOMOBILE PAWNBROKER, AS
DEFINED BY AND WHICH IS REQUIBED TO BE LICENSED
BY TITLE 5 OF THIS CODE SHALL BE LOCATED ON ANY
SITE UNLESS SUCH SITE IS NOT LESS THAN THE
DISTANCE LIMITATION AS REQUIRED BY THIS SECTION .
(1) DISTANCE LIMITATION. THE BUSINESS PREMISES
OF A PAWNBROKER OR AUTOMOBILE PAWNBROKER
SHALL NOT BE LOCATED WITIUN TWO THOUSAND
FEET OF THE BUSINESS PREYISES OF ANOTHER
PAWNBROKER OR AUTOMOBILE PAWNBROKER.
B. MEASUREMENT OF DISTANCE. ALL DISTANCES
PROVIDED HEREIN SHALL BE MEASURED AS FOLLOWS :
(1) WITH RESPECT TO THE DISTANCE BETWEEN A
BUSINESS PREMISES FOR WHICH A PAWNBROKER
OR AUTOMOBILE PAWNBROKER IS PROPOSED AND
THE BUSINESS PREMISES OF AN EXISTING
PAWNBROKER OR AUTOMOBILE PAWNBROKER,
THE DISTANCE SHALL BE MEASURED BY
FOLLOWING A STRAIGHT LINE FROM THE NEAREST
POINT OF THE PROPERTY LINE OF THE PROPOSED
LICENSED PREMISES TO THE NBAllEST POINT OF
THE PROPERTY LINE OF THE EXISTING
PAWNBROKER OR AUTOMOBILE PAWNBROKER.
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(2) MEASUREMENTS BASED ON THE l':100' ARAPAHOE
COUNTY ASSESSOR MAPS SHALL BE DEEMED
ACCEPI'ABLE FOR TlilS PURPOSE.
14 . SECOND HAND STORES .
-W.. 15 . Recreational vehicles and boata, sales or leaae.
~. 16 . Residential uae : must conform to the development requirementa of
the R-3, High-Denaity Residence District.
i6. 17. Any similar lawful use, which, in the opinion of the Commission, ia
not objectionable to nearby property by reaaon of noise, odor, dust,
smolr.e, fumes, gaa, heat, glare, radiation or vibration, or ia not
hazardous to the health and property of the surrounding area through
danger of fire or explosion.
Section 3. The Englewood City Council hereby amends Title 16, Chapter 4, Section
13, Subsection C, with the addition of a new paragraph 16, which shall read aa
follows :
16-4--13 : 1-1 LIGHT INDUSTRIAL DISTRICT:
C . Permitted Principal Uses . No land shall be used or occupied and no structure
shall be designed, erected, altered, used or occupied, except for one or more of
the following uses :
1. Any uae permitted in the B-2 Busineu District excluding residential
uae except aa permitted in subsection C2, mobile home parlr.a . Each
permitted uae from the B-2 Zone District must a1ao comply with all the
restrictions and requirements set forth in the section establishing or
allowing the permitted use unless specifically modified by this Section.
2 . Mobile Home Parlr. Development, see Development Procedure and
Standards, subsections N and O of this Section.
3 . Manufacturing, proceuing and/or fabrication . The manufacturing,
proceuing and/or fabrication, aa enumerated and limited herein, of
any commodity except the following which are prohibited:
Abrasives, basic manufacture .
Alcoholic distillation.
Animal by-products, basic manufacture and proceuing.
Asphalt, manufacture and proceuing.
Bone blaclr., basic manufacture.
Carbon blaclr. or lamp blaclr., basic manufacture .
Charcoal, basic manufacture .
Chemicals, heavy or industrial, buic manufacture or proceuing.
Cinder and cinder bloclr.a, basic manufacture or proceuing.
Coal or colr.e, manufacture or proceuing.
Concrete and concrete products, manufacture or fabrication .
Deterpnta, aoapa and by-products, uainc animal fat, buic
manufacture .
Fermented fruits and veptable products, manufacture.
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Fertilizers, manufacture or processing.
Fungicides, manufacture.
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Guses, other than nitrogen and oxygen, manufacture.
Glass manufacture.
Glue and size, manufacture.
Grain milling.
Graphite, manufacture.
Gypsum and other forms of pluter bue, manufacture.
Insecticides, manufacture.
Insulations, flammable types, manufacture or fabrication.
Matches, manufacture.
Meat slaughtering.
Metals, extraction or smelting.
Metals, ingots, pip, sheets, or bars, manufacture.
Metal shredding, auto shredding and similar operations.
Oils and fats, animal and vegetable, manufacture.
Paints, pigments, enamela, japana, lacquers, putty, varnishes, whiting,
and wood fillers, manufacture or fabrication.
Paper pulp and celluloee, buic manufacture.
Paraffin, manufacture.
Petroleum and petroleum products, manufacture or proceuing.
Portland and similar cementa, manufacture.
Rubber, manufacture, or reclaiming.
Sawmill or planing mills.
Serums, toxins, viruses, manufacture.
Sugars and starches, manufacture.
Tannery.
Turpentine, manufacture.
Wax and wax products, manufacture.
Wood preserving by creoaoting or other pressure impregnation of wood
by preservatives.
4. Sale at wholesale or storage. The sale at wholeaale, the warehouaing and/or
storage of any commodity except the following which are prohibited:
a . Live farm animals.
b. Commercial explosives.
c. Above-ground bulk storage of flammable liquids or gauea, unleu and
only to the extent that the storage of such liquids or gauea ia dinic:tly
connected with energy or heating devices on the premiaes or to service
railroad locomotives .
5 . Sale at retail . The sale at retail of the following:
a . Hardware .
b . Any commodity manufactured, proceuecl, fabricated or warehouaed on
the premises.
c. Equipment, supplies and materiala (ucept commercial upl011ivea)
designed especially for use in a,riculture, mininc, induatry, buaineu,
transportation, building and other conatruction.
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6 . Repair, rental and servicing. The repair, rental and servicing of any
commodity, the manufacture, processing, fabrication, warehousing or sale
of which commodity is permitted in this District.
7. Contractor yard for vehicles, equipment, materials and/or supplies. A
contractor yard for vehicles, equipment, materials, and/or supplies which
complies with all of the following conditions:
a. Is properly graded for drainage, surfaced with concrete, asphalt, oil or
any other dust-free surfacing and maintained in good condition, free of
weeds, dust, trash and debris .
b. Ia provided with barriers of such dimensions that occupants of a<ijacent
structures are not unreasonably disturbed, either by day or by night, by
the movement of vehicles, machinery, equipment or supplies.
c. Is provided with entrances and exits 80 located as to minimize traffic
congestion.
d . Ia provided with barriers of such type and 80 located that no parked
vehicles will extend beyond the yard space or into the required
screening area if ~oining or adjacent to a residential district.
e . Lighting facilities are so arranged that they neither unreasonably
disturb occupants of adjacent residential properties nor interfere with
traffic .
8 . Greenhouse.
9 . Newspaper distribution station.
10. Parking and/or commercial ltorage of operable vehicles.
11 . Railroad facilities, but not including lhops.
12. School for training in occupational akilla, enrollment may be open to the
public or limited, may include dormitories for students and instructors.
13 . Terminal for intracity or intercity vehicles for movement of persona of
freight .
14 . Warehousing and/or storage .
15 . Recycling operations, including but not limited to the processing of
batteries, construction waste, food waste, glass, metals and/or alloys,
papers, plastics and tires which complies with condition a, as listed below.
Buy back centers that do not process recycled materials and store their
materials within an enclosed 1tructure or a roll-off' container, Nmi-trailer,
or similarly self-contained apparatua lhall be e:a:empt from thi1 aubaec:tion
C15.
a . The manufacturing of all materials lhall occur within an enclONd
structure. The ltorage of materiall may occur outlide of the ltructure
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providing said storage is in a roll-off container, semi-trailer, or
similarly self-contained apparatus. For operations not conducted
within an enclosed structure, see subsection Jld of this Section.
16 . PAWNBROKER AND AUTOMOBILE PAWNBROKER.
17 . Any similar lawful use which, in the opinion of the Commission, is not
objectionable to nearby property by reason of odor, dust, smoke, fumes, gas,
heat, glare, radiation or vibration, or is not hazardous to the health and
property of the surrounding area through danger of fire or e:r;plosion .
Section 4. Egjsting Pawnbrokers . Any pawnbroker or automobile
pawnbroker in existence prior to the effective date of this ordinance, but which does
not conform to the limitations established by this ordinance, shall be
nonconforming and subject to the following conditiona: The pawnbroker or
automobile pawnbroker shall be required to be registered with the City within thirty
(30) days of the effective date of this ordinance. A nonconforming use, allowed
pursuant to this Section, may remain 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
pawnbroker and auto pawn uses. No pawnbroker or auto pawn nonconforming use
shall be resumed 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.
Section 5. Safety Clauses The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is neceBBary 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 ID the proper
legislative object sought to be obtained.
Section 6 . Severahjljty If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof ID any pel'IIOn or circumstances ahall 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.
Section 7 Inconsistent Ordinances All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 8. Effect of repeal or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance 1hall 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 u 1till remaining in force
for the purposes of sustaining any and all proper actiona, 1uits, proceedinp, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in 1uch actiona, 1uits, proceedinp, or proaecutiona .
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Sed;jgn 9 . fmaltx. The Penalty Provision ofE.M.C. Section 1-4-1 ehall apply t.o
each and every violation of this Ordinance.
Introduced, read in full, and pused on first reading on the 5th day of May, 1997.
Published aa a Bill for an Ordinance on the 8th day of May, I997.
Thomas J . Burna, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced,
read in full, and pauecl OD first reading OD the 5th day of May, 1997.
Loucriahia A. Ellis
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COUNCIL COMMUNICATION
DATE: May 5, 1997 AGENDA ITEM SUBJECT: Comprehensive
Zoning Ordinance Amendment -
11 a ii Temporary Employment Services
INITIATED BY: Department of STAFF SOURCE : Harold Stitt, Planning
Neighborhood and Business Development Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Council Goals: • Create government/community dialog opportunities.
• Economic development
• Quality of life.
Previous Council Action :
There has been no previous Council action on this matter.
Previous Planning Commission Action:
The Planning Commission held a Public Hearing on the proposed temporary employment
services amendments on January 21, 1997 and continued to February 19, 1997, March 18, 1997,
and April 8, 1997. The Planning Commission voted to recommend the amendment of the
Comprehensive Zoning Ordinance concerning temporary employment services as follows :
A. Temporary employment services shall be prohibited in the 8-1 and 8-2 Zone
Districts .
8. Temporary employment services shall be allowed as a Conditional Use in the 1-1
and 1-2 Zone Districts, provided they comply with the following restrictions:
1.
2.
3.
Shall be located no closer than 1,000 feet to any residentially zoned area.
Shall be located no closer than 1,000 feet to any business establishment
licensed to sell liquor by the drink or by packqe.
Shall be located no closer than 1,000 feet to any public gathering facility,
school , playground, or park .
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Definition: Temporary Employment Services -Any person, firm , partnership, association
or corporation that maintains a central location where day laborers assemble and are
dispatched to work for a third party user.
RECOMMENDED ACTION:
Staff recommends that City Council set June 2, 1997 as the date for a Public Hearing to consider
the proposed temporary employment services amendment to the Comprehensive Zoning
Ordinance as recommended by the City Planning and Zoning Commission.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED :
At City Council request, staff initiated a study of the South Broadway corridor in May, 1996.
The concepts, issues and strategies of the South Broadway Action Plan were approved by
Englewood Planning and Zoning Commission on February 19, 1997 and by City Council on
April 21, 1997. As pan of the initial implementation steps of the South Broadway Action Plan,
staff has brought forward a proposed Zoning Ordinance amendment providing four alternatives
for the regulation of temporary employment services. These alternatives were:
l. Prohibit temporary employment services in the B-1, B-2 , 1-1 , and 1-2 zone districts.
2. Prohibit temporary employment services in the B-1 and B-2 zone districts
Permit temporary employment services in the 1-1 and 1-2 zone districts.
3. Prohibit temporary employment services in the B-1 zone district.
Permit temporary employment services in the B-2, 1-1 , and 1-2 zone districts.
4 . Prohibit temporary employment services in the B-1 zone district.
Permit temporary employment services as a Conditional Use in the 8-2 zone district
Permit temporary employment services in the 1-1 and 1-2 zone districts.
The Planning Commission 's deliberation centered on two major issues identified during the
course of the public testimony; 1) the impacts of temporary employment services on adjacent
residential areas, and 2) the compatibility of temporary employment services with the
commercial and retail uses in the 8-1 and 8-2 zone districts. The Commission's conclusions
were that temporary employment services have a high potential to generate negative impacts on
adjacent residential uses that are difficult to mitigate . Likewise they concluded that, in general,
temporary employment services are not compatible with the predominate commercial and retail
uses in the City 's business zone districts . The course of action prescribed was to prohibit
temporary employment services in the business districts and permit them in the industrial zone
districts with certain restrictions . The Commission recognized that because of the proximity of
industrial zone districts to residential zone districts and the sensitivity of residential zone districts
to the impacts associated with temporary employment services, Conditional Use review coupled
with specific distancing requirements was necessary to preserve the general public health, safety
and welfare .
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The staff has interpreted the recommendation of the Planning Commission as not providing a
"grandfather" clause for existing temporary employment services. As such, temporary
employment services pennittcd under the proposed ameN'lment would be required to submit to
the Conditional Use process.
FINANCIAL IMPACT;
The financial cost to the City of adopting the Planning Commission's recommendation is
difficult to determine due to the polmtial for takings litiplion. The direct loss of revenue is
limited to the temporary employment services liceme fees.
LIST OF AJTACIQIINTS;
Case Number OR 97-01 Scaff Report
Case Number OR 97-01 Findings of Fact
Bill for Ordinance
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F:IDEl'NilllD'(JaotJll'\IIC>AU.slPt.ANCXJMl,HXUIC:D.COMM\OI. 97~1 CC.DOC
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATIER OF CASE #OR-97-01 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO A PROPOSED AMENDMENT TO THE )
COMPREHENSIVE ZONING ORDINANCE )
REGARDING TEMPORARY EMPLOYMVIT )
CEm'ERS )
INITIATED BY:
THE DEPARTMENT OF
NEIGHBORHOOD AND
BUSim:S.S DEVELOPMENr
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLA.'INING A.""m
ZONING COMMISSION
This matter was opened for Public Hearing before the City Plumina and Zoning Commission
on January 21, 1997, in the City Council Chambers of the EnsJewood City Hall . No testi-
mony was taken on that dare, and the Public ffarinc WIS CODlinued to February 19, 1997 .
The Public Hearing was re-opened on that dare; no latimoay was received. and at the request
of staff the Public Hearing was continued to March 18, 1997. The Public Hearing was re-
opened on March 18, 1997 and testimony was received. The Commission comillaed the Public
Hearing to April 8, 1997 .
January 21, 1997 :
Commission Members Present:
Commission Members Absent:
February 19, 1997 :
Commission Members Present:
Commission Members Absem:
March 18. 1997:
Commission Members Present :
Commission Members Absent:
April 8. 1997 :
Commission Members Present :
Commission Members Absem:
Douglas, Dummer, Garfflt. Redpadi. Tobin, Weber,
Welker, Mason
Horner
Coale . Homer, Mason. Tobin. Weber. Welker, Douglas
Dummer.Garrett
Coale. Garrett, Homer, Tobin, Weber. Douglas
Welker. Dummer, Muon
Mason. Tobin. Weber, Welker. Coale, Dummer. Garrett,
Douaw, Horner
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Testimony was received from staff and from members of the audience. The Commission re-
ceived notice of Public Hearing, the Staff Repon, Comprehensive Zoning Ordinance, and ex-
hibits presented during the course of the Hearing, all of which were incorporated into and
made a pan of the record of the Public Hearing.
After considering the statements of witnesses, and reviewing pcnincm documents, members of
the City Planning and Zoning Commission made the following Findings and Conclusions .
FINDINGS OF FACT
1. TBA T this issue was brought before the Planning and Zoning Commission by the Dc-
panmem of Neighborhood and Business Dcvelopmcm as one step to implemcm the
South Broadway Action Plan.
2 . THAT Notice of Public Hearing was published in the Englewood~ on January 9 ,
1997.
3. THAT on March 18, 1997, Planning Coordinator Stitt presented testimony pertaining
to the history and purpose of the proposed amendment to address temporary cmplo.-·-
mcnt centers . Mr. Stitt offered testimony that the Comprehensive Zoning Ordinance is
a "permissive" ordinance, and uses that are DOl cited as specifically permitted arc con-
sidered to be prohibited. Further testimony elicited the fact that "temporary employ-
ment services" is oot cited as a permitted use in any zone district in the Comprehensive
Zoning Ordinance: therefore. this use can be considered to be prohibited. Mr. Stitt
testified to staff analysis of the issue, meetings with representatives of the temporary
employment service business. and with members of the nonh Englewood neighbor-
hood . Mr. Stitt offered further testimony regarding four alternatives the Planning
Commission could conside:: and recommend to City Council to address the issue of
temp0rary employment cemers . Mr. Stitt testified that staff recommends Alternative
#4, which will allow temporary employment cemers in the B-2 Zone District as a Con-
ditional Use. and allow such uses in the 1-1 and 1-2 zone districts as permitted uses.
Mr . Stitt 's testimony also cited requiremcms that would apply to all temporary cm-
ploymem ccmers approved as Conditional Uses. At the meeting of April 8. 1997, Mr.
Stitt's testimony was in response to questions posed on March 18"' regarding revenue
generation: comparative analysis of trc:UJDent of temporary employment centers by
Denver, Littleton. and Englewood: how businesses arc allowed to open without zoning
review; clarification and justification of proposed distance restrictions: clarification of
labor c:uegories: and standards for evaluation of performance by a temporary employ-
ment ccnrer .
4 . THAT on March 18*, testimony was received from Sandy Ostcma, Jessie Alsop, Carol
Tomasso, G.:rty Venard . Ron Gold, Reverend Clyde Mille::, Linda Whiacn. KMcssa
Lavery . Judy Dunlop. AM Nabbolz, and John Looze regarding problems the residential
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neighborhood has experienced with transients, littering, public inebriation, unsanitary
behavior, panhandling and verbal abuse, which they attribute to day laborers who re-
pon to temporary employment centers. All those testifying supported Alternative #1.
5. THAT on March is•, testimony was received from Carlene Walker, owner of Stand-by
Personnel, a temporary employment center. Ms. Walker testified it is her opinion the
proposed amendment, adopting Alternative #4 and establishing criteria for Conditional
Use approval, is a fair compromise -fair to residents and to the business people. Ms.
Walker responded to questions posed by members of the Commission regarding Stand-
by Personnel, noting that four restroom facilities arc provided -two for women and
two for men: that there arc eight staff on the premises of Stand-by Personnel, and this
office provides service to approximately 100 laborers daily . Ms. Walker also gave tes-
timony regarding behavior of tbe laborers she places, stating she will not send anyone
that is inebriated or has alcohol on their breath out to a job. Ms. Walker also testified
that this business is open from 5:00 a.m. to 10 p.m. daily; tbe majority of the laborers
have been transported to their assigned job sites by 9:00 a.m.: that she does not issue
temp0rary social security numbers; and has no control over laborers once they arc "off
the clock".
6. THAT on April s•, testimony was received from Crime Analyst Everhart of the De-
partment of Safety Services. regarding crime statistics in the subject area, and the City
as a whole.
7. THAT on April s•. additional comments were received from John Looze, Judy Dun-
lop, Jackie Gennaro, Beverly Baker, Ann Nabbolz. and Carol Tomasso regarding the
on-going problems with temporary employment centers and residems' concerns re-
garding the proposed ordinance amendment as too weak.
CONCLUSIONS
l. TIIA T notification of the Public He:iring was properly given in the Englewood Heml!i-
2. TIIAT temporary employment centers arc not compatible with and adversely impact
other permitted uses in the B-1 Zone District, a commercial/reuil zone district.
3.
4 .
TIIA T tempOrary employment centers arc not compatible with. and adversely impact.
residential neighborhoods whe:i located in close proximity .
TIIAT tempOrary employment centers should be allowed as a Conditional Use in the
industrial zone districts, with distance resnictions imposed .
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DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that temporary
employment cemcrs shall be a prohibited use in the B-1 and B-2 Zone Districts, and shall be
allowed as a Conditional Use in the 1-1 and I-2 Zone Districts, provided distance restrictions
are met between temporary employment cemers and residential zone districts, establishments
selling liquor either by the drink or by package , and public facilities , schools, playgrounds,
and parks.
The decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Commission on April 8, 1997, by Mr. Homer, seconded by Mr. Welker, which
motion swes:
Homer moved:
Welker seconded: TM Planning Commission recommend that tM Comprehmsive Zoning
Ordinance bt OlnOIIUd as follows:
AYES:
NAYS:
ABSTAIN :
ABSENT :
A. Tanporary Employfflffll ~nters shall bt prohibited in tM B-1
and B-2 ZoM Districts.
B. Temporary Employm4nt Carters shall bt allowed as a Condi-
tional Use in tht 1-1 and 1-2 ZoM Districts, provided they comply
with tM following restrictions :
1. Shall bt locaud no closer than 1. 000 Jett to arty residen-
tially -:.ontd area.
2. Shall bt locared no closer than J,000 Jett to arty business
establishment licensed to sell liquor l1y tM drinJc or l1y
packl!.ge.
3. Shall bt locartd no closer than J,000 Jett to arty public
ga1Mring faciliry, school, playground, or park.
Homer, Mason, Tobin, Weber , Welker, Cottle, Dummer, Garrett, Douglas
None
None
None
The motion carried.
These Findings and Conclusions are effective as of the meeting on April 8, 1997 .
BY ORDER OF THE CTrY PLANNING & ZONING COMMJSmON
Bill DousJas. Jr ., Chairman ---------
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Planning and Zoning Commission
Robert Simpson, Director of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
April 1, 1997
P.C. Date April 8, 1997
Subject: Comprehensive Zoning Ordinance Amendment Cue# OR 97-01
Establishing Standards and Replatiom for Temporary Employment
Senices
The following information is provided in response to the requests made by the Planning
Commission dwing the March 18, 1997 Public Hearing on the proposed regulation of temporary
employment services.
Q: A comparison of Police calls on all temporary employmenr service facilities.
A: This information will be presented by representatives of the Department of Safety
Services at the meeting on April 8, 1997.
Q: A comparison of Police calls in this neighborhood before Stand-1,y opened for business, and
after Stand-by opened for business.
A: This information will be presented by representatives of the Department of Safety
Services at the meeting on April 8, 1997.
Q: What revenues are reali:edfrom temporary employment centers.
A: License Fee -$100.00 Initial Application Fee
$50 .00 Annual Renewal Fee
$25 .00 License Amendment Fee
Property Tax -7.663 mills/dollar of usessed value. (A business with an usessed
property value ofS200,000 would gcneralC $1 ,532.60 in property tax for the City.)
Use Tax on purchase of commodities used by business. (This tax is typically not
collected.)
Q: A comparative analysis of regulations in Littleton, Dern~r. and Englewood on temporary
employmenr services.
A: The City of Littleton allows "unskilled labor balls"' u a permitted use in their
industrial zone districts, subject to a 1,000 foot distance requirement between any
two such uses . Unskilled labor ball is defined as any real property, or structure
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Temporary Employment Services
thereon, which are used, for the registration of or congregation of unskilled laborers,
and which laborers remain on or about the premises for the purposes of obtaining or
being transported to a job or job site. Unskilled labor is defined as non-clerical
laborers who, in general, are hired to do physical labor which does not require
advanced educational prerequisites.
The City of Denver does not specifically list temporary employment services but
considers them similar to an office use which is permitted in the business and
industrial zone districts. A use permit is required which triggers an administrative
review to determine zoning compliance. (Denver has experienced similar
neighborhood impacts associated with temporary employment services and has
utilized strict enforcement of their Nuisance Ordinance to eliminate or mitigate these
impact.)
Q: Whal are the ramifications of enforcing the Comprehensive Zoning Ordinance as cu"ently
written.
A: This will be discussed by the City Attorney at the meeting on April 8, 1997 .
Q: How and why is a prohibited use licensed to open.
A: There were no business or use licensing requirements at the time these uses began
operating in Englewood and thus no zoning review was carried out.
Q: Clarification/justification on no distance provisions between temporary employment services
in B-2 and the residential districts as compared to the industrial districts.
A: Adding distance requirements &om residential area would effectively bar temporary
employment services &om locating in the B-2 zone district. It is contradictory to, on
the one hand, permit a use, and on the other hand, place restrictions on that use that it
becomes essentially prohibited. If it is determined that the goal of the community is
to prohibit these uses in certain zone districts, then the district regulations should be
amended to specify this prohibition of use.
Q: Clarification of differences in labor categories, and what types of services are provided by
these temporary employment centers.
A: As provided by this ordinance, temporary employment services is defined as any
person, firm, partnership, association or corporation that maintains a central location
where day laborers assemble and are dispatched to work for a third party user. The
proposed regulations would apply to any establishment where laborers assemble and
are dispatched rather than to a specific class of laborers. A copy of the Temporary
Employment Services licensing requirements is attached to this memorandum.
Q: Clarification on the conditions the Commission will use to evaluate the performance of day
labor halls: police calls. neighborhood problems, what criteria will be used
A: A copy of the Conditional Use regulations, Section 16-5-21 of the Comprehensive
Zoning Ordinance is attached to this memorandum.
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REQUEST:
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Planning and Zoning Commission
Robert Simpson, Di.rector of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
March 14, 1997
Comprehensive Zoning Ordinance Amendment Cue # OR 97-01
Establishing Standards and Regulations for Temporary Employment
Services
Staff requests that Planning and Zoning Commission approve the proposed amendments to the
Englewood Comprehensive Zoning Ordinance which regulate temporary employment services in
B-2, 1-1 and 1-2 zone districts. These amendments are implementation steps of the South
Broadway Action Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission approve tile proposed temporary
employment Hrvices amendments which prohibit temporary employment Hrvices in B-1
zone district. permit temporary employment Hrvica as a Conditional UH in B-2 zone
districts and permit temporary employment Hrvices in 1-1 ud 1-2 zone districts subject to
distancing conditions.
BACKGROUND :
In early 1996, the City Council heard from residents who expressed concern about the general
condition and perceived decline of the South Broadway business corridor. Of particular concern
to the residents were the impacts associated with the combination of temporary employment
services, pawn brokers, retail liquor stores, and bars locating in close proximity to one another
and bordering on their neighborhoods. City Council's response to these concerns was to direct
the Department of Neighborhood and Business Development to study these neighborhood issues,
as well as business related issues, in the broader context of the entire South Broadway corridor
and to suggest appropriate strategies to address the concerns.
During 1996, NBD staff facilitated a series of community meetings to gain the residential and
business perspectives on the important issues within the South Broadway corridor. In addition,
the staff conducted a physical inventory , market analysis. and a land use analysis of the South
Broadway corridor as an adjunct to the community meetings . When taken together, this research
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C:ise # OR 97-01 page2
Temporary Employment Services
served as a basis for the South Broadway Action Plan and the subsequent Zoning Ordinance
amendments proposed to implement the Plan.
The staff analysis of the South Broadway background research confirmed that a common set of
the concerns were generally shared by all residents living adjacent to South Broadway.
Generally, these concerns were a high number of transients in the area, public drug and liquor
use and unsanitary health practices. The analysis also found that concerns expressed by the
Bishop School neighborhood about the negative impacts associated with temporary employment
services were commonly felt throughout the corridor as well . These impacts were related to the a
high number of transients in the area, public drug and liquor use and unsanitary health practices,
and were linked, in part, to the presence of a combination of businesses that individually, it was
felt, would not generate these impacts to the same degree as when in close proximity to one
another. Also, the residents stated that since most temporary employment services opened for
business earlier in the morning than most other businesses, the noise and congestion of
significant numbers of employees congregating in front of these businesses was also a legitimate
concern. The residents concluded that taken together, these impacts were threatening to their
personal safety and to the quality of life of the neighborhoods.
ANALYSIS:
Temporary employment services is defined as any person, firm, partnership, association or
corporation that maintains a central location where day laborers assemble and are dispatched to
work for a third party user.
The staff analysis of the regulation of temporary employment services began with a review of the
current regulations of the 8-1, 8-2, 1-1, and 1-2 :zone districts to determine the standing of this
use . To begin with, the Comprehensive Zoning Ordinance is a permissive ordinance. This
means that a use is permitted only if it is specifically listed in the regulations as a permitted
principal use. Temporary employment services are not specified as a permitted use in any of the
zone districts and thus must be presumed to be a prohibited use. Likewise there is no record of
any legislative or administrative determination having been made that temporary employment
services are pennitted in these :zone districts.
With this as background, the staff then reviewed a number of alternatives relative to the land use
regulation of temporary employment services. These alternatives range from maintaining their
current prohibited status in 8-1, 8-2, 1-1, and 1-2 :zone districts to permitting them in those
districts. The goal of the Department is to propose regulations that balance the needs of the
business and residential interests in the community and that are consistent with the South
Broadway Action Plan.
Having established that there are impacts associated with temporary employment services and
recognizing that a demand for this type of use or service exists in the community, the following
alternatives were selected for funher analysis as the most appropriate aiven the identified needs
of the community. They are:
I. Prohibited use in the 8-1. 8-2, 1-1, and 1-2 zone district .
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Case# OR 97-01
Temporary Employment Services
2. Prohibited use in the 8-1 and 8-2 :zone districts
Pennitted use in the 1-1 and 1-2 :zone districts.
3. Prohibited use in the 8-1 :zone district.
Pennitted use in the 8-2, 1-1, and 1-2 zone districts.
4 . Prohibited use in the 8-1 zone district.
Conditional use in the 8-2 :zone district.
Pennitted use in the 1-1 and 1-2 :zone districts.
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The first alternative, while consistent with this use's cWTCDt prohibited status is not consistent
with the preferred strategies of the South Broadway Action Plan which states that removing a
business from a zone along South Broadway would not be a preferred strategy if the business's
adverse impacts could be effectively addressed through a permit or license review process. The
second alternative maintains the use's current status in the 8-1 and 8-2 :zone district while
pennitting it in the, 1-1, and 1-2 zone districts. Like the first alternative, this alternative maintains
the use's current prohibited status in the 8-1 and 8-2 but is not consistent with the South
Broadway Action Plan's preferred strategy. The third alternative maintains the use's current
prohibited status in the 8-1 :zone district while pennitting it in the 8-2, 1-1, and 1-2 mne districts.
However, this approach fails to address the identified impacts associated with temporary
employment services. The fourth alternative is consistent with the preferred strategy of the
South Broadway Action Plan and meets the goal of the Department in tenns of balancing the
needs of business and residential interests of the community .
The preferred Alternative #4 would add the following provisions to the Comprehensive Zoning
Ordinance:
16-4-12: 8-2 Business District
E. Conditional Uses .
5. Temporary employment services shall comply with the following conditions :
a. The business shall be licensed by the City.
b. The business shall be located no closer than 1,000 feet to another temporary
employment service business.
c. The business shall be located no closer than 1,000 feet to a business
establishment licensed to sell liquor by the drink or by package.
d. The hours of operation shall be limited to 5:00 Lm. to 7:00 p.m .
e . The business shall comply with the Landscaping Ordinance, Section 16-4-18 ,
ofthis Title.
f. The Planning Commission shall annually certify that the use is in compliance
with all approved conditions . In the event the use is determined to be in violation
of the conditions, the Conditional Use shall be revolted.
16-4-13 : 1-1 Light Industrial District
C. Permitted Principal Uses.
16. Temporary employment services
L The business shall be licensed by the City .
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Case# OR 97-01
Tppponry EmpJqymept Services
b. The business shall be localed no closer than 1,000 feet to any residentially
zoned area.
c. The business shall be localed no elmer than 1,000 feet to a business
establishment lic:emed to sell liquor by die drink or by package,
cl. The business shall comply wi1b the landscaping Ordinance, Section 16-4-18,
of this Trtle.
The propmed ordinance proposes to "gnmcl&.1la" all existing temporary employment services
wi1b rapect to die dislancing iequinmeals but will subject them 1D compUm wi1h all of die
other CODditicm The dillaDCe will be nmnd by followina a lllaiabl line hm die nearest
point of a property line of die temporary employment .-vice 1D -point of die property line
of die specified me or mae dillrict.
r Name Address
Sand-By la:. of Deaver 2901 Soudl Broadway
Allied Fon=es Tempomy 3974 Soudl Broadway
Services
Labor F°mden of Colcndo Inc. S Wat Radcliff Awnue
Pealdoad la:. of Ammca 27S6Soudl •J
....,._. Senicel SJ*m1 2911 Soudl ·1
Laborit.ly 3'00 Soudl :'" • SIied
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
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COUNCIL BILL NO. ,1
INTRODUC~UNCIL
MEMBER JA,/
AN ORDINANCE AMENDING TITLE 16, CHAPl'ER ,, SECTIONS 10, 12, 13 AND
U. AND CIIAPl'D 8, SBCTION 1, OP TBB BNGLBWOOD IIUMICJPAL CODE
1985, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES
IN B-1 AND B-2 BUSINBSS DISTBICTS AND TO AUJ:)W 'l'IIIIPOIWrf
EMPLOYMENT SERVICES AS A CONDfflONAL USE IN THE 1-1 AND 1-2,
INDUSTRIAL DISTBlcr&, WITH DISTANCE UQUDlBIIBNTS.
WHEREAS, the City Council of the City of Englewood, Colorado bu aet the goal of
improving the business and residential quality of life in the City; and
WHEREAS, the 1979 Englewood Comprebemive Plan aima to create a balance of
commercial uses to reflect the character of the neighborhood; and
WHEREAS, temporary employment services are not CUl'NIDtly a specifically
permitted UBe in any zone diatrict in the City; and
WHEREAS, the Eqlewood P1anninf and Zanin, Commiaion bu found that
Temporary Employment Servicea are not a wie which ia compatible with or similar to
other 1191!11 in B-1 or B-2 diatric:ta; and
WHEREAS, many induatriea utilize the Nl'Vicell of temporary employment
services u a source of employea which makm an industrial diatrict the prefened
location for such uaN; and
WHEREAS, the citizem of the City have up..-d conc:erna n,prding the
location of temporary employment Nrvicee in the En,lewoocl community becauae of
the large numbers of employMB concrecatini; and
WHEREAS, the very early and late houn of operation of temporary employment
services affect the quality of life of adjacent residential and buain-neighborhoocla;
and
WHEREAS, the Planninc and 7.oninc Commiaaicm found it appropriate to deal
with other i11ues such u boun of operation u part of an individual conditional uae
hearing; and
WHEREAS, diatancin, requirementa of one-tbouaand feet in the industrial -
between specified buaineA would help alleviate the NCODdary effects created by tbeae
buaineue s ; and
WHEREAS, public bearinp were held by the Eqlewoocl Planninf and 7.oninc
Commiaaion on January 21, 1997, February 19, 1997, Man:b 18, 1997 and April, 8, 1997;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
$es;tign 1. The Englewood City Council hereby amends Title 16, Chapter 4, Section
10, Subsection E, by adding a new Paragraph 9, which shall read as follows:
16-4-10: 8-1 BUSINESS DISTRICT:
E . Prohibited Uees.
1. Adult entertainment and service establishments.
2. Manufacturing.
3 . Outdoor storage of materials, 1111ppliea and equipment on private and
public property.
4 . The outdoor diaplay, atorage or aale of clothing or houaehold
appliances, furniture or other items commonly ueecl in a home,
whether on private or publie property.
5 . Warehousing of products or item• not aold on the premises.
6 . Sale at wholeaale.
7 . Sales or service activity aball not be allowed from any temporary
atructure or vehicle unlea a buildinc permit application bu been
1ubmitted for a permanent buildinc or etructure to replace the
temporary atruc:ture.
9 . TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND
WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF
THIS CODE.
Sectign 2. The Englewood City Council hereby amends Title 16, Chapter 4, Section
12, Subsection F, by adding a new Paragraph 7, which aball read u followa :
16-4-12: 8-2 BUSINESS DISTRICT:
F . Prohibited Uees.
1. Manufacturing.
2 . Outdoor atorap of materiala, aupplin and equipment on private
and public property.
3 .
,.
The outdoor diaplay, atorage or aale ofbouaebold appliances,
furniture, or other itema COIIUIIOllly uaed in a home, whether on
private or public property.
Warebouaiq of products or itema not aold OD the pnmiaN.
5 . Sales at wholesale.
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6 . Sales or service activity lhall not be allowed &om any temporary
structure or vehicle unless a building permit application bu been
submitted for a permanent building or structure to replace the
temporary structure.
7. TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND
WIUCH ARE REQUIRED TO BE LICENSED UNDER fflLE 5 OF
THIS CODE.
Sed;igp 3. The Englewood City Council hereby amenda Title 16, Chapter 4, Section
13, Subeection J, with the addition of a new Paragraph l(d), which lhall read as
follows:
16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT:
J. Conditional Uses. Provided the public intm.t ia fully protected and the
following uaes are approved by the City Planninc and 7.onins
Comminion and City Council:
1. Uses.
a. Automobile wrecking yards and junk yards.
(1) Any automobile wrecking yard or junk yard opened after the
effective date of tbia Ordinance lhall be on a parcel or
IMljoining pan:elB of not less than one acre but not to eueed one
and one-half (1 1/1) acres.
(2) Any automobile wrecldng yard or junk yard approved
punuant to the provisioaa of tbia Ordinance or any mating
automobile wreckiq yard or junk yard upanded under the
proviBioaa of tbia Ordinance, lhall be Nt back no leu than one
hundred ftfty feet (150') from the boundary line of any
residential scme district.
(3) Any automobile wreckiq yard or junk yard approved
punuant to the proviBioaa of tbia Ordinance shall be end-',
on ita perimeter with a solid, nODtrauparent vertical wall or
fence with a minimum beipt of ,m feet (6') and a muimum
of twelve feet (12') meuured &om sround level. Fences of
woven wire or chainlink materials shall be prohibited.
(4) Any automobile "Teckinc yard or junk yard approved
punuant to the proviaioaa of thia OrdiDanee and all yards
uiating OD the effective date of thia Ordilumce lhall comply
with Chapter 10, Title 5 of the Enclewood Municipal Code, u
amended, entitled Auto Wrec:kinc and Junk Yards, and all
other applicable cod• or orwlina-.
(5) Any automobile wnckinc yard or junk yard which ia
licenaed by the City ofEqlewood OD the eftective date oftbia
Ordinance shall be deemed to be an apprcmid yard wbetbar or
not it bu a minimum area of one KN, and IUCb yard may be
eiq,anded onto abuttiq property, provided that such apudad
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yard conforms to the requirements of this and any other
applicable codes or ordinances.
b . Amuaement establishments including, but not limited to billiard
halls, bowling alleys, coin-operated games, dance halls,
electronic or video games, night clubs, outdoor commercial
recreational facilities, pool halls, or skating rinks.
c. Recycling operations, including but not limited to the processing
of batteries, conatruction waste, gl111111, metala and/or alloys,
paper, plastics and tires, excluding food waste, automobile
wrecking yards and junk yards as cited in subeectiOD 16-4-13Jla.
Buy back center11 that do not proc:eu recycled materials and store
their materials within an enclosed structure or a roll-off
container, semi-trailer, or similarly self-contained apparatus
shall be exempt &om this subsection Jlc.
(1) Any recycled material manufacturing opened after the
efl'ective date of this 1ubeectiOD Jlc shall be located OD one or
more contiguous parcel(a) which total area aball not be leas
than one acre.
(2) The manufacturing and lltorqe of all proceued and
unproceaaed materials shall be enclosed with a solid,
non-transparent vertical wall or fence with a maximum
hei,tit of ei,tit feet (8') OD the parcel(a) fr'llltage and twelve feet
(12') OD the parcel(•) side and back boundari•. Fences of
woven plastic, wire or chain link shall be prohibited.
(3) The stoclq,i1inc of all proc:eaaecl and un..--l materials
shall not exceed the height of the wall or fence.
(4) No more than aeventy five s-a,nt (75'1,) al the parcel(1) total
size may be utili&ecl for the ltonp ofprocHaecl or wqmm111d
materials .
(5) All recycled material manufacturiq buain•-operatinc
under a conditional use proviaion shall be subject to yearly
administrative compliance review of the adopt.eel conditiona.
d . TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY
AND WHICH ARE REQUIRED TO BE LICENSED UNDER
TITLE 5 OF TIDS CODE, SHALL COMPLY WITH THE
FOLLOWING REQUIREMENTS IN ADDfflON TO THE
PROVISIONS OF 16-5-21 E.M .C.:
(1) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY RESIDENTIAL ZONE
DISTRICT.
(2) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY ESTABLISHMENT
SEWNG ALCOHOL BY THE PACKAGE OR DRINK.
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(3) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY PUBLIC GATHERING
FACILITY.
(4) WITH RESPECT TO THE DISTANCING REQUIREMENTS
IN THIS SUBSECTION BETWEEN A BUSINESS PREMISE
FOR WIDCH A TEMPORARY EMPLOYMENT SERVICE IS
PROPOSED AND ANOTHER USE, THE DISTANCE SHALL
BE MEASURED BY FOLLOWING A STRAIGHT LINE
FROM THE NEAREST POINT OF THE PROPERTY LINE
OF THE BUSINESS PREMISE OF THE PROPOSED
TEMPORARY EMPLOYMENT SERVICE TO THE
NEAREST POINT OF A RESIDENTIALLY ZONED
DISTRICT OR THE PROPERTY LINE OF THE SPECIFIC
USE LISTED .
5ec;tiqp , The Englewood City Council hereby amends Title 16, Chapter 4, Section
14, Sublec:tion I, with the addition of a new Paragraph 4, wbic:h lhall read u follows :
16-4-14: 1-2 GENERAL INDUSTRIAL DISTRICT:
I . Conditional U11e11 . Provided the public intereat ia fully protected and the
following WM! ia approved by the Commiuion:
1. Dump . (See Chapt.ir 16-5 of this Title, General Regulationa .)
2 . Amuaement eatabliahmenta including, but not limited to, billiard
balla, bowling alleya, coin-operated cam•. dance balll, electronic
or video cam•, Dipit cluba, outdoor commercial recreatiaaal
faciliti•, pool balla, or akatiq rinb.
3 . Rec:yclinc operatiau, iDcludiq but not limited to the ..-m, of
batt.eriea, conatructioD wut.e, II-,...._ ad/or .UO,., paper,
plutica, and tirN lball meet coaditiaaa a 1:broacb e, M liltad below .
Food wute, aut.omobile wrec:ldn, ,arda and jaak ,arda u cited in
nbeectioo 16-4-13Jla of this Chapter are aduded. Buy blldt cm..,.
that do not sn-rec,cled materiala and aton their mat.aiala
within an endoNd ltructun or a roll-off' CGD&ainer, ~-trailer, or
limilarly aelf-contained apparatua lhall be -pt 6-this
s ubNction 13 :
a. Any recyded material manufacturiD( opmed after tbe
effective dat.e of this IUblectiOD 13 lball be located OD -or
more CODtipoua pareel(1) which t.otal ana lhall not be•-
than ODe acre.
b. Tbe manufacturiq and atorap of all proc1111d and
unproc1111d materiala lball be wloNd with a llllid,
non-tramparmt vertical wall or &nee with a muimum
beipt of cqbt feet 18 ') OD tbe paRel(1) frontap and twelve feet
(12') OD the parcel(1) aide and beck bouadariM. ,_ al
woven plutic, wire or chain link lball be prohibited.
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c. The atockpiliag of all procesaed and unproce11ed -teriala
eball not -=-I tbe height of the wall or fence.
cl No more tban 18Y81lty five perc:mt (75'1,) of the pucel(a) t.otal
Ilia may be utiliwl for the storap of pro c nH1l or unpnm111 d
material•.
e . All recycled material manuf'acturine bum-operatin,
under • conditional WIii proriaiClll aball be aubject t.o ,-rly
administrative compliance review of the adopted caaditiCllla .
4. TEMPORARY EMPLOYMENT BUSINBSSES AS DEPINED BY
AND WHICH ABE llEQUIBBD TO BB UCBNSBD UNDER TITLE
5 OP THIS CODE, SHALL COIIPLY W1TR TBB POLLOWING
BBQUDBIIBNTS IN ADDfflON TO THE PROVISIONS OP
16-5-21 E.11.C.:
A. SHALL BE LOCATED NO CLOSBB 'l"IIAN ONE
THOUSAND nET PROII ANY BBSIDBNTIAL 1.0NE
DISTRICT.
B. SHALL BE LOCATED NO CLOSBll 'l"IIAN ONE
THOUSAND nET PROII ANY BSTABUSIDIENT
SELLING ALCOHOL BY THE PACKAGE OR DRINK.
C. SHALL BE LOCATED NO CLOSBll TBBN ONE
THOUSAND nET PROII ANY PUBUC GATHEBING
FACILITY.
D. W1TR RESPBCT TO THE DISTANCING BBQUlllEIIBNTS
IN TIDS SUBSEC'l'ION MNDN A BUBINBSS PBBIIISES
POR WHICH A TBIIPOa.\&Y IDIPLOnmNT SERVICE IS
PROPOSED AND ANO'l'IISlt U8B, THE DISTANCE SHALL
BB IIBASUUD BY POU.OWING A S'l'llAIGBT LINB PROII
THE NBABBST POINT OI' TBB PBOPIDLTY UNB OP THE
BUSINBSS PBEIIISBS OP TBB PBOPOSBD TBIIPORARY
BIIPLOYIIBNT SDVICS 'l'O TBB NBAllBST POINT OP A
USIDBNTIALLY ZONBD DISTBICT oa THE PBOPDTY
LINB OP TBB sncmc USB IJSTBD.
Semm 5. The BDpwaod City Council_...,__. Title 16, Cbapt.w 8, SectiaD
1, with the additim of a mw deftaitiaa, wbicb allall rwl • llllan:
PUBUC GATIDJUNG PACIUTY IS LDll'ID 'l'O SCBOOLS, PUBUC
PAIUEB, PUBLIC DCRIAflON
CDTD8 AND PUBUCLY
mBNTIPISD OPBN SPACES.
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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 aought to be obtained.
Sec;tign 7. Sexerability If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof 1D any penon or circumstances ahall 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 penons or circumstances.
Sec;tign 8 1nGODeieteot Ordjpapc;es All other Ordinances or portions thereof
inconsiltent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such incomiatency or conflict.
Sec;tign 9 Effec;t of n,peal or modjtjc;atjop The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance lhall not releue,
emnguiah, alter, modify, or chanp in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which ahall have hem iDcurred under such
provision, and each provision ahall be treated and beld u 8till remaining in force
for the purpoees of 1uataining any and all proper ac:tione, nita, proceeclinp, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpose of 8UltainiDg any judgment, decree, er order which can or may be
rendered, entered, or made in such actione, euita, proc:winp, or prosecutions.
Sec;tiop 10. fmalty. The Penalty Provieion ofE.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and pulled on fint reading on the 5th day of May, 1997.
Published u a Bill tor an Ordinance on the 8th day al May, 1997.
Tbomu J. Burm, Mayor
ATTEST :
Loucri1hia A. Ellie, City Clerk
I, Loucriahia A. Ellie, City Clerk of the City of Eqlewood, Colorado, hereby certify
that the above and forepinc ii a true copy al a Bill b a Onliauce, introduced,
read in full , and pauecl on fint reading on tbe 5th day allby, 1997.
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COUNCIL COMMUNICATION
Subject
May 5, 1997
11 a fif
Frank
cm. GOAL N#IJ PREVIOUS COUNCL ACTION
This proposed bill for .. ordinance adds a new Tille 5, Chapter 19 (Auto Pawnbrokers) to the City Code. This
license was not speclflcally Included In the moratorium.
Al the Maye, 1999 study session, staff discussed the proposed moratorium wilh the City Council . On June 3,
1999, the Cly Council read and passed Onilnance 25, Series of 1999 on final rudlng. Thia Ordinance
establllhed the moratortum to nm from June 10, 1999 to Decembet 10, 19911. Council adopted Oftilnance 55,
Sel1es of 19911 extending the moratorium until April 10, 1997 . On February 111, 11117, City Council approved on
ftrst INdlng a bill for and ordinance extending the moratorium 1111111 July 10, 1997.
City COunc:11 discussed this license wilh staff at the study wsion held on January 13, 1997 .
RECOMMENDED ACTION
Staff recommends City Council approve this bll for M ordinance.
BACKGROUND, ANAL.VS•, N#IJ ALTERNATIVES IDENfflllD
This Is a new license that mmn the provisions of pawnbroura. The ac.. w broun OUI from pewilbl-.S
llcerw to give the City more tlexlbillly In zoning for tlleN types of........,,.... This llclra w enac:lld In
l'8lpOllle to community concerns over the Imped tlleN Nlabliltll'nenl haw on the lllffOUllllng neigNloltloodl.
Also, tlle restrtc:tlve hours of opetlllion have bNn removed from this 1111 for M onllnalce. If City Councl .......
to place reatridlons on the hours of operlllions for this llcenN, • is recommeilded that this be done ttwougll a
condlllonal use zoning proc:ass similar to tamporw'/ employment anricas.
No alematlves were identlfted.
FINANCIAL. IMPACT
The license fee has not been set • required by Chaplw 1 of Tille 5. The reaolutlon l8lllng fNI la sdleduled to
go to City Council on May 11, 1997. No funds..,. colect«I In 1999.
UST OF ATTACHMENTS
Copy of the proposed bill for an onlnanea.
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ORDINANCE NO. _
SERIFS OF 1997
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BY AUTHORITY
A Bll.L FOR
COUNcn. BILL NO. 4'
INTRODU~OUNCll.
MEMBER A,/
AN ORDINANCE ENACTING A NEW TITLE 5, CHAPl'ER 16, OF THE
DGLBWOOD IIVNICJPAL CODS 1886 PDTAINIMG TO AUTOIIOBILI!:
PAWNBRODBS AND WHICH DIIOVES AUTO PAWNBROKERS FROM
OBDINANCB NO. 215, SDIIS 01' 1• WIDCB PDTAINS TO TBB
MORATORIUM OF UCENSES IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council established a t.emporary napenaion or
moratorium of certain milcellaneoua buaineu lic:enw for a period of llix months
with the pusage of Ordinance No. 25, series of 1996; and
WHEREAS, the moratorium or temporary lllUpl!Dllion included Auto Pawnbroken
licenses; and
WHEREAS, the license muat be conspicuously displayed so its validity can be
readily determined; and
WHEREAS , the license is specific to the location and license bolder due to IOIUD(
and criminal bacqround issues IIUl'l'Ounding this licenae; and
WHEREAS, the liceme requirea a bond to imure all ~ta contamecl in
this Title 5 and Chapter are followed and all c:uatomer property is retunaed by the
liceme holder; and
WHEREAS, the license bolder muat have illnraDce in an -t IAdllcient to
cover lmw that would otbenriN be borne by ...wawa al liaue bolder; and
WHEREAS , the license holder mun aullmit to a bai:qrolmd check to protect the
public from the pmaibility of dealiDc with lltolm aatomobilea;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sertim 1. The City Council of the City of En,lewood, Colorado hereby macta a -
Title 5, Chapter 16, of the Eqlewood Municipal Code 1985, entitled~
Pawnbrokers which ahall read u follows :
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CIIAPl'Ell 18
AUTOMOBILE PAWNBllOKEBS
SECTION:
5-16-1 : DEFINITIONS
5-16-2: LICENSE REQUIRED
5-16-3: APPLICATION FOR LICENSE
5-16-4: SPECIAL CONDmONS AND ~CTIONS OF THE LICENSE
5-18-1: DEFINfflONS: FOR THE PURPOSE OFTHIS CHAPTER, THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS SHALL
HAVE THE MEANINGS GIVEN HEREIN.
AUTOMOBILE
PAWNBROKER:
CONTRACT FOR
PURCHASE:
FIXED PRICE:
A PERSON REGULARLY ENGAGED IN THE
BUSINESS OF MAKING CONTRACTS FOR
PURCHASE OR AUTOMOBILE PURCHASE
TRANSACTIONS IN THE COURSE OF BUSINESS.
TIUS CHAPTER SHALL NOT APPLY TO NEW OR
USED AUTOMOBILE DEALERS UNLESS
SPECIFICALLY ADOPTED BY ANOTHER
SECTION.
A CONTRACT ENTERED INTO BETWEEN
AN AUTOMOBILE PAWNBROKER AND A
CUSTOMER PURSUANT TO WIUCH MONEY IS
ADVANCED TO THE CUSTOMER BY THE
AUTOMOBILE PAWNBllODll ON THE
DELIVERY OF TANGIBLE PERSONAL PROPERTY
BY THE CUSTOMER TO THE AUTOMOBILE
PAWNBROKER ON THE CONDfflON THAT THE
CUSTOIIBR, FOR A FIXED PRICE AND WITHIN A
FIXED PDIOD OF 'IDIE, NOT TO EXCEED
NINETY (90) DAYS, HAS THE OPTION TO
CANCEL THE CONTRACT AND RECOVER FROM
THE AUTOMOBILE PAWNBROKER THE
TANGIBLE PERSONAL PROPERTY.
THE AMOUNT AGREED UPON TO CANCEL A
CONTRACT FOR PURCHASE DURING THE
OPl'ION PERIOD. SAID FIXED PRICE SHALL NOT
EXCEED :
(1) ONE-TENTH (1/10) OF THE ORIGINAL PRICE
FOR EACH MONTH, PLUS THE ORIGINAL
PURCHASE PRICE, ON AMOUNTS OF FIFTY
DOLLARS ($50 .00) OR OVER; OR
(2) ONE-FIFTH (1/5) OF THE ORIGINAL
PURCHASE PRICE FOR EACH MONTH, PLUS
THE ORIGINAL PURCHASE PRICE, ON
AMOUNTS UNDER FIPTY DOLi.ABS ($50.00).
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FIXED TIME : THAT PERIOD OF TIME, NOT TO EXCEED
NINETY (90) DAYS, AS SET FORTH IN A
CONTRACT FOR PURCHASE, WITHIN WHICH
THE CUSTOMER MAY EXERCISE AN OPTION TO
CANCEL THE CONTRACT FOR PURCHASE.
LOCAL LAW
ENFORCEMENT
AGENCY :
ANY MARSHAL'S OFFICE, POLICE AGENCY, OR
SHERIFF'S OFFICE WITH JURISDICTION IN THE
LOCALITY IN WHICH THE CUSTOMER ENTERS
INTO A CONTRACT FOR PURCHASE OR A
PURCHASE TRANSACTION.
OPTION : THE FIXED TIME AND THE FIXED PRICE AGREED
UPON BY THE CUSTOMER AND THE
AUTOMOBILE PAWNBROKER IN WHICH A
CONTRACT FOR PURCHASE MAY BE, BUT DOES
NOT HAVE TO BE, RESCINDED BY THE
CUSTOMER.
POLICE DMSION: THE POLICE DMSION OF THE DEPARTMENT OF
SAFETY SERVICES FOR THE CITY OF
ENGLEWOOD .
PURCHASE: THE PURCHASE BY AN AUTOMOBILE
PAWNBROKER IN THE COURSE OF BUSINESS.
5-11-2: UCENSE BBQUIBBD: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OFFER OR PROVIDE THE SERVICES OF AN AUTOMOBILE PAWN BROKER
WITHOUT FIRST OBTAINING A LICENSE .
5-11-3: APPLICA'ftON FOB UCENSE: AUTOMOBILE PAWNBROKER
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPl'ER 1, OF THIS
TITLE .
5-18-4: SPECIAL CONDfflONS AND RES'l1UC'ftON8 OF TBE UCENSE: IN
ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE
FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY:
A. EVERY LICENSEE SHALL DISPLAY A VALID LICENSE IN A
CONSPICUOUS PLACE WITHIN THE AUTO PAWNBROKERS
ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS
ENTERING THE PREMISES .
B. LICENSE NOT TRANSFERABLE : ANY LICENSE ISSUED PURSUANT
TO THIS CHAPTER SHALL NOT BE TRANSFERABLE. ANY SUCH
LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER
PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE
LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A
PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN
PERCENT (10%) OR MORE OF THE STOCK OF A CORPORATE
LICENSEE HOLDING AN AUTOMOBILE PAWNBROKER LICENSE
SHALL RESULT IN TERMINATION OF THE LICENSE OF THE
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PARTNERSHIP OR CORPORATION UNLESS A WRITTEN
AMENDMENT TO THE ORIGINAL APPLICATION IS MADE .
C. BOND REQUIRED: AS PART OF THE LICENSING PROCESS, THE
APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A
SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION.
SUCH BOND SHALL BE CONDITIONED UPON THE FAITHFUL
OBSERVANCE OF THE REQUIREMENTS OF THIS CHAPl'ER AND
CONDITIONED UPON THE SAFEKEEPING OR RETURN OF ALL
ARTICLES IN PLEDGE BY SUCH AUTOMOBILE PAWNBROKER.
D. INSURANCE REQUIRED: AS PART OF THE LICENSING PROCESS, THE
APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE
INSURANCE FOR ALL PROPERTY THE AUTOMOBILE PAWNBROKER
HOLDS BY CONTRACT IN THE MINIMUM AMOUNT OF ONE-HALF
(lfl) OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF
DAMAGE OR DESTRUCTION. THE APPLICANT MUST PROVIDE THE
LICENSING OFFICER PROOF OF SUCH INSURANCE COVERAGE
BEFORE AN AUTOMOBILE PAWNBROKER LICENSE IS ISSUED.
PROOF OF THIS INSURANCE COVERAGE MUST BE PROVIDED EACH
TIME A REQUEST FOR A RENEWAL IS FILED WITH THE LICENSING
OFFICER.
E . BACKGROUND INVESTIGATION: APPLICANTS WILL BE SUBJECT TO
A POLICE BACKGROUND INVESTIGATION AS PART OF THE
APPLICATION PROCESS.
F . CHANGE OF OWNERSHIP OR MANAGEMENT:
1. AN AUTOMOBILE PAWNBROKER MAY EMPLOY A MANAGER TO
OPERATE THE BUSINESS PROVIDED THE AUTOMOBILE
PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS
OF THE BUSINESS, INCLUDING BUT NOT LIMITED TO, THE
AUTOMOBILE PAWNBRODR'S RIGHT TO POSSESSION OF THE
PREMISES, HIS/HER RBSPONSmII.ITY FOR ALL DEBTS, AND THE
AUTOMOBILE PAWNBRODR MUST BEAR ALL RISK OF LOSS OR
OPPORTUNITY FOR PROffl FROM THE BUSINESS.
2. IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR,
OR HOLDER OF MORE THAN TEN PERCENT (lOCJI,) OF THE
SHARES OF STOCK OF A CORPORATE LICENSE HOLDER,
PARTNER OF A PARTNERSHIP, OR MANAGER. DISCLOSURE IN
WRITING BY AMENDMENT TO THE ORIGINAL APPLICATION
FOR THE ISSUANCE OF AN AUTOMOBILE PAWNBROKER
LICENSE SHALL BE MADE TO THE LICENSING OFFICER.
3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO
AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE,
DIRECTLY OR BENEnCIALLY, IN THE OWNERSHIP OF ANY
LICENSED AUTOMOBILE PAWNSHOP, WHICH IS OWNED
DIRECTLY OR BENEnCIALLY BY A PERSON THAT AS AN ISSUER
OF A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION
12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT") OR IS
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AN ISSUER OF SECURITIES WIUCH IS REQUIRED TO FILE
REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO SECTION 15(d) OF THE ACT, PROVIDED THAT
SUCH PERSON FILES WITH THE COMMISSIONER SUCH
INFORMATION, DOCUMENTS AND REPORTS AS ARE REQUIRED
BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER
WITH SECURITIES AND EXCHANGE COMMISSION. SUCH ISSUER
SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON
MANAGERS, OFFICERS AND DIRECTORS OF SUCH ISSUER OF
ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS
OTHERWISE REQUIRED OF MANAGERS, OFFICERS AND
DIRECTORS OF CORPORATE AUTOMOBILE PAWNBROKERS.
4. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR
AMENDMENT OF THE APPLICATION, WIUCH FEE SHALL BE
DETERMINED BY THE CITY AND SET BY RESOLUTION. THE
NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED
AND INVESTIGATED AS REQUIRED IN SECTION 5-16-4(E).
G. REQUIRED ACTS:
1. AN AUTOMOBILE PAWNBROKER SHALL KEEP A NUMERICAL
REGISTER IN WIUCH SHALL BE RECORDED THE FOLLOWING
INFORMATION: THE NAME, ADDRESS AND DATE OF BIRTH OF
THE CUSTOMER; THE CUSTOMER'S DRIVER'S LICENSE NUMBER
OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM
OF IDENTIFICATION WIUCH IS ALLOWED FOR SALE OF
VALUABLE ARTICLES PURSUANT TO SECTION 18-16-103, C.R.S.;
OR FOR THE SALE OF SECONDHAND PROPERTY PURSUANT TO
SECTION 18-12-114 C.R.S.; THE DATE, TIME AND PLACE OF THE
CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AND
AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPl'ION OF
EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING,
BUT NOT LIMITED TO, ANY TRADEMARK, IDENTIFICATION
NUMBER., SElllAL NUIIBER., MODEL NUIIBBR., BRAND NAME, OR
OTHER IDENTIFYING IIARKS ON SUCH PROPERTY. THE
AUTOMOBILE PAWNBROKER SHALL ALSO OBTAIN A WRITl'EN
DECLARATION OF THE CUSTOMER'S OWNERSIUP WIUCH
SHALL STATE THAT EACH PIECE OF TANGIBLE PERSONAL
PROPERTY IS TOTALLY OWNED BY THE CUSTOMER., OR SHALL
HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE
FROM THE PARTIAL OWNER TO THE CUSTOMER., HOW LONG
THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY,
WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE
PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS
OF THE FINDING.
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2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE
TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM
SHALL BE RECORDED ON THE AUTOMOBILE PAWNBROKER'S
REGISTER AND ON THE CUSTOMER'S DECLARATION OF
OWNERSHIP.
3. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH
REGISTER AND ON THE DECLARATION OF OWNERSHIP AND
RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A
RECEIPT FOR THE PURCHASE TRANSACTION.
4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO
THE DECLARATION OF OWNERSHIP.
5 . SUCH REGISTER SHALL BE MADE AV AIL.ABLE TO ANY LOCAL
LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY
REASONABLE TIME .
6. THE AUTOMOBILE PAWNBROKER SHALL KEEP EACH REGISTER
FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE LAST
TRANSACTION ENTERED IN THE REGISTER.
7 . AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL
CONTRACTED GOODS WITHIN HIS/HER JURISDICTION FOR A
PERIOD OF TEN (10 ) DAYS FOLLOWING THE MATURITY DATE OF
THE CONTRACT FOR PURCHASE, DURING WHICH TIME SUCH
GOODS SHALL BE HELD SEPARATE AND APART FROM ANY
OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE
CHANGED IN FORM OR ALTERED IN ANY WAY.
8 . AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL PROPERTY
PURCHASED BY HIM/HER THROUGH A PURCHASE
TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE
OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE
HELD SEPARATE AND APART FROM OTHER TANGIBLE
PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM
OR ALTERED IN ANY WAY .
9. EVERY AUTOMOBILE PAWNBROKER SHALL PROVIDE THE
LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS,
WITH TWO (2 ) COPIES OF THE RECORDS , ON A FORM TO BE
PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT
AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED
DURING THE PRECEDING WEEK AND ONE COPY OF THE
CUSTOMER'S DECLARATION OF OWNERSHIP FORM SHALL
CONTAIN THE SAME INFORMATION REQUIRED TO BE
RECORDED IN THE AUTOMOBILE PAWNBROKER'S REGISTER
PURSUANT TO SUBSECTION 1 OF THIS SECTION. THE LOCAL
LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF
THE WEEK ON WHICH THE RECORDS AND DECLARATIONS
SHALL BE SUBMITTED .
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10. EVERY AUTOMOBILE PAWNBROKER SHALL PAY TO THE CITY A
FEE FOR EVERY TRANSACTION FORM . THIS FEE SHALL BE
DETERMINED BY THE CITY AND SET BY RESOLUTION .
11 . EVERY AUTOMOBILE PAWNBROKER SHALL, AT HIS/HER
EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH
MANNER AND BY SUCH METHODS AS MAY BE DETERMINED
FROM TIME TO TIME BY THE LICENSING OFFICER.
H . PROHIBITED ACTS :
1. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE
AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT
FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY
PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH
ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC
BEVERAGE OR DRUGS .
2. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE
AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT
FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY
PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF
OR TO HAVE BEEN CONVICTED OF LARCENY OR BURGLARY,
WITHOUT FIRST NOTIFYING THE DEPARTIIENT OF SAFETY
SERVICES. SUCH NOTICE SHALL NOT BE DEEIIED AS
AUTHORIZATION BY THE CITY FOR THE AUTOMOBILE
PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH
PERSON.
3 . NO AUTOMOBILE PAWNBROKER SHALL TAKE ANY TANGIBLE
PERSONAL PROPERTY FROM A CUSTOMER ON CONSIGNMENT.
4 . WITH RESPECT TO A CONTRACT FOR PURCHASE, NO
AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN
AUTOMOBILE PAWNBROKER MAY PERMIT ANY CUSTOMER TO
BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER
MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT
WITH THE AUTOMOBILE PAWNBROKER WHICH WOULD
RESULT IN THE AUTOMOBILE PAWNBROKER OBTAINING A
GREATER AMOUNT OF MONEY THAN WOULD BE PERMITTED IF
THE AUTOMOBILE PAWNBROKER AND CUSTOMER HAD
ENTERED INTO ONLY ONE CONTRACT FOR PURCHASE
COVERING THE SAME TANGIBLE PERSONAL PROPERTY.
5. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN
AUTOMOBILE PAWNBROKER SHALL VIOLATE THE TERMS OF
THE CONTRACT FOR PURCHASE .
6 . NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN
AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT
FOR PURCHASE OR PURCHASE TRANSACTION FOR ANY
TANGIBLE PERSONAL PROPERTY WHEREIN THE
IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER,
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BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER
IDENTIFYING MARKS ON SUCH PROPERTY HA VE BEEN
TOTALLY OR PARTIALLY OBSCURED.
7. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN
AUTOMOBILE PAWNBROKER SHALL ASK, DEMAND OR RECEIVE
ANY GREATER RATE OF INTEREST, COMMISSION AND
COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1/10)
OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS
THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFl'Y
DOLLARS ($50.00) OR OVER, OR ONE-FIFTH (1/5) OF THE
ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE
ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFl'Y
DOLLARS ($50.00). NO OTHER CHARGES SHALL BE MADE BY THE
AUTOMOBILE PAWNBROKER UPON RENEWAL OF ANY
CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE
EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT SHALL
BE VOID . ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS
BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE
OF TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID.
I. HOLD ORDERS AND SURRENDER OF PROPERTY:
1. ANY LAW ENFORCEMENT OFFICER MAY ORDER AN
AUTOMOBILE PAWNBROKER TO HOLD ANY TANGIBLE
PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY
OF ANY AUTOMOBILE PAWNBROKER FOR PURPOSES OF
FURTHER INVESTIGATION . A HOLD ORDER SHALL BE
EFFECTIVE UPON VERBAL NOTIFICATION TO THE AUTOMOBILE
PAWNBROKER. NO SALE OR OTHER IMP0Sffl0N MAY BE MADE
OF SUCH PROPERTY HELD BY ANY AUTOMOBILE PAWNBROKER
WlllLE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD
ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS
CHAPTER, AND ANY SALE OR OTHER DISPOSfflON OF THE
PROPERTY AFTER THE AUTOMOBILE PAWNBROKER HAS BEE.'J
NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A
VIOLATION OF THIS SECTION.
2 . IF ANY LAW ENFORCEMENT OFFICER DETERMINES THAT ANY
ARTICLE OF PERSONAL PROPERTY HELD BY AN AUTOMOBILE
PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY,
SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH
PROPERTY AND MUST PROVIDE THE AUTOMOBILE
PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER.
J . LIABILITY OF PAWNBROKER:
1. AN AUTOMOBILE PAWNBROKER WHO ACCEPl'S ANY ARTICLE
IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION
FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF
OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE
EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE
RECEIPT TO THE AUTOMOBILE PAWNBROKER BY THE
CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT
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THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE
CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE
AUTOMOBILE PAWNBROKER SHALL SELL SUCH ARTICLE TO A
TIURD PERSON, THE AUTOMOBILE PAWNBROKER SHALL
RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET
VALUE OF THE ARTICLE. THE LAWFUL OWNER MAY, UPON
PROOF OF IDS OR HER OWNERSHIP OF THE ARTICLE LOST OR
STOLEN, CLAIM THE SAME FROM THE AUTOMOBILE
PAWNBROKER OR RECOVER THE APPROPRIATE LEGAL MEANS
INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR
MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND
REQUIRED BY SECTION 5-16-4C.
2. AN AUTOMOBILE PAWNBROKER SHALL BE LIABLE FOR THE
LOSS OF TANGmLE PERSONAL PROPERTY OR PART THEREOF
OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE,
THEFT, BURGLARY OR OTHERWISE, RESULTING FROM IDS OR
HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO
IT.
Sec;tim 2. The Englewood City Council establilbecl a temporary suapenaian or
moratorium of certain mucel]an<JOUS busin .. licemN for a period of m months
with the pauage of Ordinance No . 25, aeri• of 1996 and now removes the following
license from the moratorium:
AUTOMOBILE PAWNBROKER
5es;tigp 3 Safety CltJIHI The City Coanc:il, ba-, ftnda, determinel, and
decJarea dllt this Ordinance ia promulpted UDdel' tbe paeral police poww or the
City or Englewood, that it ia promulpted ra.. 1m a-Ith, MIity, and welfare or 1m
public, and dllt this Ordinance ia n--,y filr tbe ..-.ation al health and
safety and for die protection or public conveni-and welfare. The City Council
further determinea that die Ordinance bean a ratiaaal relation to tbe proper
legislative object IIOUlht to be obtained.
Sec;tiop '-Severahility If any dame, ---. paracrapb, er part or thia
Ordinance or the application tbeniol' tD any penon er c:ireumataDce8 lball for any
reason be adjudged by a court al compet.mt juriadic:tion invalid, auch judp1ent
shall not affect impair or invalidate b remainder al this Ordinance er ita
application to other penona or c:irc:umatan-.
Sec;tiop 5 lomoeimmt Ordinanc11 All odllr Ordinan-er portiom thereof
inconsistent or confiictina with thia Ordinance er any pclltiaa hereof are hereby
repealed to the extent of such iDconlilteDcy or coaftict.
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Sectim &. Effst pf r:,pea1 qr modification The repeal or modification of any
pnrriaion of tbe Code al the City of Englewood by tbia Ordinance lball not release,
atinpiah, alt.er, modify, or clump in whole or in Jmt any penalty, farfeitun, or
liability, eitbm-civil or criminal, which lball have a-iDcarred under aucb
prcniaiOD, and each prori.aiOD shall be trated and held aa still rem•iain1 in fon:e
f'or the pari-al auataiaing any and all Jll'UPm' aetiona, Rita, pn,c-linp, aad
prwatiaaa f'or tbe enforcement oftbe penalty, forfeiture, or liability,• well• for
the parpae of auataiuing any judpaent, decree, or order which can er may be
rendered, mtered, or made in such acti01111, auita, procwinp, or pr-uwm•.
Sectim 7. bnaJ.tx. Tbe Penalty Provinon ofE.M.C. Section l+l lball apply to
each and every nolatioo of tbia Ordinance.
Introduced, read in full, and paal8ci OD fint reading OD the 5th day of May, 1997.
Publilbed U a Bill liJr an Ordinance OD tbe 8th day al May, 1997.
'lbomu J. Burm, Ma:,or
ATTEST :
Loucriabia A. Bllia, City Clerk
I, Loac:riabia A. Ellie, City Ciak altbe City of......,_, Colando, bmwby ~
that tbe abaft and fanpiui ia • tne copy of a am for an Onlirm, ~
read in full, and ,....SOD Int nadins OD tbe Mb UJ of llay, 1917.
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COUNCL COIIIIINCATION
.,.. Agallda ... Wlject
May 5, 1117 BIi for an ordinance 1111111lng TIiie
5, Cllapler 10 (Aulo Salvage and
11 a iv Recycled Malerlllls Vanis) of Ille
Clly Code and enacllng a new TIiie
5 Olaalar 10 to Ille Cllv Code.
...... By I Fram
Staff Soun:e
of Flnanclal Senlices Olrec::lor
COUNCL GOAL NIIJ PREVIOUS COUNCL ACTION
This proposed bll for• ordinance n,peals TIiie 5, Chapler 10 of Ille Clly Code and enacts a new TIiie 5, Chapler
10 (Aulo Salvage and Reeyded Malerlals Yards) 10 Ille Clly Code. This.._ wa Included In Ille maralonum,
and approval of 1111s ordinance .. IWIIOYe Ille .... fn>m Ille moralOrtum.
Al Ille May 8, 1118 study Nlllion, uff cllcn•ed Ille pmpoaect moralOrtum wlltl Ille Clly Council. On June 3,
1118, Ille Clly Council read and paaed Onllnance 25, s.tes of 1• on tlnlll l'Ndlng. This Onlnance
llltalllillled Ille moralOrtum to run fn>m J1a 10, 1118 ID Decillnlber 10, 1-. Council adopled Oldll•ICII 55,
Sertes of 1118 ex1e11dl111g 1he moralaflum 1111111 Apfl 10, 1117. On Fellrlay 11, 1117, Clly Council appioved on
tlrst ntadlng a bll for and ordinance exlaldlig Ille mcnlDltum 1111111,Mf 10, 1117.
Clly Council dlsci!DICt 1111s lcame w11t1 _,,•a study 98S1ion held on Febnlary 11, 1117.
IIECOOFTnDED ACTION
Staff recommends Clly Council appowe 11111111 far• odl•ICII.
IIACKGIICMN), MM.Ya. Mm ALTIIIIIATW WIFED
The moll ligl*-dlalle In tia w Tiie 5. a..., 10 II Ille c:1-ae In 1111a fn>m "Ad/o WnainD and Junk
Yards" to Au1o Salvage and "Rllqded ...... Y.._. llalnly, ma11111S made Include dNn up of 1lle language
In Ille llcllna and falffllllt.1g dlalgea 1D CDIIIOlm ..... _.of .. llcelw under TIiie 5. This lk:enN W
enacted In,...-to COINIIUlllly cancema OW91' .. illlpad9-............ have on .............
neigtlbomoodl.
No allematives W8f9 identified .
FWMCIAL. .. ACT
The liclnse fee has not bNn ... • ...... bJ Cl..-, 1 of TIie 5. The l9IOlullorl lelllng fees is 9dledlllllCI to
go to Clly Council on May 11, 1N7. The Clly colledad 1100 In 1118.
UIT OF AnAaPEIITS
Co,, of .. prapoeed 1111 far • onllnancll.
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
A IIIU. l'Oll
OOOIICIL BILL MO. 46
INTRODU~
NENBD...,~...,_....___.......aa~
AN ORDINANCE BEPEALING TITLE 5, CHAPTEll 10, OF THE ENGLEWOOD
MmOCIPAL ODDI -PmrrAINDIG TO AIJ'l'O MLVMJII AND DCYCLBD
11A1'ERIAI3 YABDS AND ENACTING A NEW CBAPTD 10, AND WIDCH
IUDIOQ8 ADIO ULYAOI: AND DQYCLBD IIA!'alAL8 YMIJS ftOII
ORDINANCE NO. 25, SEBIBS OF l911iWBJCH PERTAINS TO THE
IIOllATOalUII OP uamBBS Dr TBS a'l'Y OP BNGUWOOD, COLORADO.
WHEB.EAS, the ......... City Council eetebliebed a tampanry ..,.._ ... or
moratorium ar certain _...,_ bu.-liceaw 6r • period arm mcmtm
with the pauap aC anm-No. 25, .._ ol 1998; and
WHEB.EAS, the morat.orium or t.emporuy supemiaa iDdaded Geaeral Liceme
proviaiom of auto aalqp and recycled mataiala ,arda ~; ud
WHEB.EAS, thia activity ill licemed to adequately nplat.e admtiea _,.;ate,1
with thill liceme that peat1y impact the bealtb. uflty and well beiac ol the
surrounding neigbborboods and bueineaw; and
WHEB.EAS, thia liceme requires that the ...... balder eamply with apecia1
conditiom ud reatrictiaaa to maure that dlill actmty doea aot adftnel:, impact
•urrounding aeipborbooda and bo•win 1111;
NOW, THEREFORE, BE IT ORDAINED BY TBB Cl'lT OOUNCU. OF TBB CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Scs;ticm 1. 'lbe Cit:, Council olthe Cit:, ol .......... Colando--, NpNII Tide
5 , Cbape. 10, oltbe Bnslewaod llrmil:ipal Code UNl6, md __.. a -a...,._ 10,
which shall read u follon:
CIIAPl'Bll 10
SECTION:
5-10-1 : DEFINITIONS
5-10-2: LICENSE REQUIRED
5-10-3 : APPLICATION FOR LICENSE
5-10-4 : SPECIAL CONDfflONS AND RESTRICTIONS OP THE LICENSE
5-10.1: DBl"INITIONBI FOR THE PUllPOBE8 OF TIII8 CHAPTEll, THE
FOLLOWING WORDS AND PHllASES SHALL HAVE THE FOLLOWING
MEANINGS :
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ACCESS ROAD:
ADJOINING :
AUTOMOBILE:
AUTOIIOBILE
SALVAGE YARD:
CIUEF BUILDING
OFFICIAL:
PERMIT:
PURCHASE REGISTER:
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THAT AREA PRIVATELY OWNED AND
MAINTAINED AND SET ASIDE WITHIN AN
AUTOMOBILE SALVAGE YARD OR RECYCLING
YARD FOR USE AS A FIRE LANE OR AN
INTEB.IOR ROAD SYSTEM PROVIDING
VEHICUI.All ACCESS TBBOUGHOUT THE
AUTOIIOBILE SALVAGE AND RECYCLED
MATEB.IALS YARD OR RECYCLING YARD.
CONTIGUOUS, OR SEPARATED ONLY BY A
REAR LOT LINE OR SIDE LOT LINE.
ANY SELF PROPELLED, WHEELED VEHICLE
DESIGNED FOR TRANSPORTATION,
SHIPPING, OR RECllEATION USE, AND
COMMONLY PROPELLED BY AN INTERNAL
COMBUSTION ENGINE USING A VOLATILE
FUEL.
AN AREA ALONG WITH SUCH ACCESSORY
BUILDINGS AND STRUCl'URES AS PROVIDED
FOR IN THIS CHAPTBll, WHERE THE PROCESS
OF AUTOIIOBILE SALVAGE AND
DISIIANTLING OR 1HE STORAGE, SALE OR
DUIIPING OF DJ.SIIAN'lUCD, OBSOLETE OR
WRECKED VEHICLES OR PARTS THEREOF
PREVAILS. THIS TEllll DOES NOT INCLUDE
AUTOIIOBILE 8ALBS AIIBAS WIIBllE USED
CABS IN A FUNcnONAL CONDfflON, OR NEW
CABS ABE STOUD PBIOR TO SALE. ALSO, THE
TERII SHALL NOT INCLUDE ANY PUBUC
PLACE OF DIPOUNDIIENT OF ABANDONED OR
IIIPOUNDED AUTOIIOBILES.
THE CHIEF BUILDING OfflCIAL OF THE CITY
OF ENGLEWOOD, COLORADO, OR THE CHIEF
BUILDING OfflCIAL'S AUTHORIZED
DESIGNEE.
WRITl'EN PERIIIT ISSUED BY THE CHIEF
BUILDING OfflCIAL TO CONSTRUCT OR
ALTER ANY BUILDING, STRUCTURE OR
OTHER IMPROVEMENT IN OR UPON ANY
AUTOIIOBILE SALVAGE YARD OR RECYCLING
YARD.
WRITl'EN RECORD, ON FORMS APPROVED BY
THE CITY. ON WIUCH IS DPT AN ACCURATE
ACCOUNT AND DESCB.IPTION OF EACH AND
ALL OF THE AR'nCLBS PURCHASED, THE
PRICE PAID, DATE AND TIIIE OF PURCHASE,
AND THE NAIIE AND ADDUSS OF EACH
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RECYCLABLE :
RECYCLING YARD :
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PERSON MAKING A SALE TO THE LICENSE
HOLDER.
GOODS OR MATERIALS WHICH ARE NO
LONGER USABLE FOR THEIR ORIGINAL
PURPOSE OR SERVICEABLE IN THEIR
ORIGINAL STATE, BUT MAY BE REDUCED TO
THEIR ORIGINAL CONDfflON SO THAT THEY
MAY BE REPROCESSED AND USED AGAIN.
AN AREA WITH SUCH ACCESSORY BUILDINGS
AND STRUCTURES AS PROVIDED FOR IN TIUS
CHAPTER, WHERE THE SALVAGED GOODS OR
MATERIALS ARE BOUGHT, SOLD,
EXCHANGED,STORED,BALED,PACKED,
DISASSEMBLED OR HANDLED .
5-10-2: UCENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OPERATE ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD
WITHOUT FIRST OBTAINING A LICENSE.
5-10-3: APPLICATION FOR UCENBE. AUTOMOBILE SALVAGE YARD AND
RECYCLING YARD LICENSES SHALL BE ISSUED IN ACCORDANCE WITH
CHAPTER 1, OF THIS TITLE .
5-lM: SPECW.. CONDfflONS AND BB8'1111CDON8 OF THE UCENBE: IN
ADDfflON TO THE REQUIREMENTS OF CHAPTER 1 OF THIS TITLE, THE
FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY:
A. PERMIT TO EXPAND : IT SHALL BE UNLAWFUL TO EXCAVATE, FILL,
OR CONSTRUCT ANY BUILDING OR OTHER STRUCTURE,
INCLUDING ACCESSORY STRUCTURES, IN OR UPON ANY
AUTOMOBILE SALVAGE YARD OR RECYCLING YARD; OR TO STORE
MATERIALS, OR TO CONSTRUCT ENTRANCES OR PARKING LOTS,
OR SURFACE ANY A.REA, COMMENCE THE MOVING, STRUCTURAL
ALTERATIONS, CONVERSIONS, EXTENSIONS, ENLARGEMENTS,
ALTERATION OR REPAIR OF STRUCTURES, IN OR UPON ANY
AUTOMOBILE SALVAGE YARD OR RECYCLING YARD UNTIL A
BUILDING PERMIT IS ISSUED.
AN APPLICATION FOR A BUILDING PERMIT SHALL BE
ACCOMPANIED BY A COPY OF TIUS LICENSE AND BY TWO (2) COPIES
OF A PLAN OR PLAT , DRAWN TO SCALE, SHOWING THE
FOLLOWING IN SUFFICIENT DETAIL TO ENABLE THE BUILDING
DMSION TO ASCERTAIN WHETHER THE PROPOSED EXCAVATION,
FILL, CONSTRUCTION, RECONSTRUCTION OR CONVERSION,
MOVING OR ALTERATION IS IN CONFORMANCE WITH THE
PROVISIONS OF THIS CHAPTER:
1. THE ACTUAL SHAPE, PROPORTION, DIMENSIONS, PUBIJC
EASEMENTS OR RIGHTS OF WAY AND TOPOGRAPHY OF THE
SITE WHERE SUCH PROPOSED CHANGES ARE TO BE MADE ;
AND SATISFACTORY EVIDENCE THAT ACTUAL CORNERS OF
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THE LOT ARE SHOWN AND ARE ESTABLISHED ON THE
GROUNDS BY A CERTIFIED SURVEY MADE BY A REGISTERED
LAND SURVEYOR OR ENGINEER, SUCH ESTABLISHED
CORNERS TO BE MARKED BY PINS SET IN CONCRETE.
2. THE GENERAL SANITARY AND STORM DRAINAGE SYSTEM
WHICH SHALL BE SUBJECT TO APPROVAL BY THE CITY.
3. THE SHAPE, SIZE AND LOCATIONS OF ALL BUILDINGS OR
OTHER STRUCTURES TO BE ERECTED, ALTERED OR MOVED
AND ANY BUILDINGS OR OTHER STRUCTURES EXISTING ON
THE LOT.
4. THE EXISTING AND INTENDED USE OF ALL SUCH BUILDINGS
OR OTHER STRUCTURES AND LAND .
5. THE DIMENSIONS OF ALL YARDS AND SUCH OTHER
INFORMATION CONCERNING THE LOT OR ADJOINING LOTS AS
MAY BE ESSENTIAL FOR DETERMINING THAT THE
PROVISIONS OF THIS CHAPl'ER ARE BEING OBSERVED.
6 . THE LOCATION AND WIDTH OF THE ACCESS ROAD(S)
TOGETHER WITH THE SIZE OF THE STORAGE AREAS.
7 . ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE
BUILDING CODE.
8 . LOCATION, SPACE AND GENERAL LAYOUT : AUTOMOBILE
SALVAGE AND RECYCLING YARDS SHALL BE LOCATED ON WELL
DRAINED SITES AND SHALL BE SO LOCATED THAT ITS DRAINAGE
WILL NOT ENDANGER ANY WATER SUPPLY. ALL SUCH USES
SHALL BE IN AREAS FREE FROM SWAMPS OR OTHER POTENTIAL
BREEDL'IJG PLACES FOR INSECTS OR RODENTS .
1. ACCESS ROADS .
a . ACCESS ROADS, AS DEFINED AND REQUIRED BY THIS
CHAPTER, SHALL BE KEPT OPEN AT ALL TIMES AND FREE
FROM OBSTRUCTION AS FIRE LANES . SUCH ROADS MUST
BE KEPT GRADED AND DRAINED AT ALL TIMES.
b. SUCH ACCESS ROADS SHALL BE PROVIDED AS ARE
NECESSARY THROUGHOUT THE UCENSED PREMISES TO
INSURE ADEQUATE HEALTH AND nRE PROTECTION FOR
THE DISTRJCT IN WHICH THE YARD IS LOCATED; SUCH
ROADS SHALL BE PROVIDED ACCORDING TO THE
SPECinCATIONS HEREINAFTER SET FORTH, AND SHALL
BE APPROVED BY THE DIRECTOR OF SAFETY SERVICES
AND THE DIRECTOR OF PUBUC WORKS, OR THEIR
AUTHORIZED DESIGNEES.
c. THE MINIMUM WIDTH FOR TWO-WAY ACCESS ROADS
SHALL BE TWENTY FIVE FEET (25 '); FOR ONE-WAY ACCESS
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ROADS, THE MINIMUM WIDTH SHALL BE FIFI'EEN FEET
(15'). CURVES ON ALL ACCESS ROADS SHALL HAVE A
MINIMUM INSIDE RADIUS OF NOT LESS THAN TWENTY
FEET (20').
2 . INGRESS AND EGRESS FROM PUBLIC STREETS. THE LOCATION
AND SIZE OF DRIVEWAYS LEADING TO AND FROM THE PUBLIC
STREET TO ANY AUTOMOBILE SALVAGE YARD OR RECYCLING
YARD SHALL BE SUBJECl' TO THE FOLLOWING CONDITIONS:
a. NO PORTION OF ANY DRIVEWAY SHALL BE CLOSER THAN
THIRTY FEET (30') TO THE CURB LINE OF A STREET
INTERSECTION, NOR CLOSER THAN TEN FEET (10') TO A
FIRE HYDRANT, CATCH BASIN, END OF CURB RADIUS AT
CORNERS OR PROPERTY LINE OF AN INTERSECTING
STREET.
b. THE WIDTH OF ANY DRIVEWAY SHALL NOT EXCEED
TWENTY FIVE FEET (25') MEASURED ALONG ITS
INTERSECTION WITH THE PROPERTY LINE.
c. NO TWO (2) DRIVEWAYS FROM THE SAME USE SHALL BE
WITHIN THIRTY FEET (30') OF EACH OTHER MEASURED
ALONG THE DRIVEWAYS INTERSECTION WITH THE CURB
LINE .
3. OFF-STREET LOADING REQUIREMENTS. OFF-STREET
LOADING BERTHS OR FACILITIES FOR OFF-STREET LOADING
FOR ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD
SHALL BE LOCATED COMPLETELY WITHIN THE CONFINES OF
THE REQUIRED WALL OR FENCE SURROUNDING THE YARD .
C. SANITATION AND FIRE PROVISIONS:
1. WATER SUPPLY.
a. AN ACCESSIBLE, ADEQUATE AND SAFE SUPPLY OF SAFE,
POTABLE WATER SHALL BE PROVIDED TO EVERY
AUTOMOBILE SALVAGE YARD AND RECYCLING YARD.
b. ALL WATER SUPPLY FACILITIES, I.E., PIPES, VALVES,
OUTLETS, SHALL BE OPEN TO INSPECTION BY THE CHIEF
BUILDING OFFICIAL OR ANY OTHER DULY AUTHORIZED
PERSON .
c . THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY
TO SERVE ANY AUTOMOBILE SALVAGE YARD OR
RECYCLING YARD SHALL BE MADE ONLY AFTER EXPRESS
APPROVAL HAS BEEN GRANTED BY THE DEPARTMENT OF
PUBLIC HEALTH OF THE STATE OF COLORADO.
2. SEWAGE DISPOSAL. ALL SEWAGE DISPOSAL SHALL BE IN
ACCORDANCE WITH THIS CODE AND ALL PLUMBING IN ANY
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AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL
COMPLY WITH THE PLUMBING LAWS AND HEALTH
REGULATIONS OF THE CITY, COUNTY OF ARAPAHOE,
TRI-COUNTY DISTRICT HEALTH DEPARTMENT AND STATE OF
COLORADO .
3 . REFUSE DISPOSAL.
a. THE STORAGE, COLLECTION AND DISPOSAL OF REFUSE IN
OR UPON ANY AUTOMOBILE SALVAGE YARD OR
RECYCLING YARD SHALL BE SO MANAGED AS TO AVOID
HEALTH HAZARDS, RODENT HARBORAGE, INSECT-
BREEDING AREAS, ACCIDENT HAZARDS OR AIR OR
ENVIRONMENTAL POLLUTION.
b. MATERIALS OR WASTES SHALL BE SECURED UPON THE
LICENSED PREMISES IN SUCH MANNER THAT THEY
CANNOT BE CARRIED OFF THE PREMISES BY NATURAL
CAUSES OR FORCES.
c. ALL MATERIALS OR WASTES WIDCH MAY CAUSE FUMES,
DUST, OR ARE EDmLE OR ATTRACTIVE TO RODENTS OR
INSECTS SHALL NOT BE STORED OUTDOORS UNLESS
PLACED IN CLOSED CONTAINERS.
4. FIRE PROTECTION.
i. ALL AREAS SHALL BE KEPI' FREE OF LITTER, RUBBISH AND
OTHER FLAMMABLE MATERIALS.
ii. FIRE EXTINGUISHERS SHALL BE MAINTAINED, THE
NUIIBER, KIND AND LOCATION OF WIDCB SHALL BE
APPROVED BY THE DIRECTOR OF SAFETY SERVICES OR
THE FIRE MARSHALL.
D. GENERAL REGULATIONS :
1. EVERY AUTOMOBILE SALVAGE YARD oa RECYCLING YARD
SHALL BE ENCLOSED ON ITS PBllDIBTD WlTR A SOLID,
NONTRANSPARENT VERTICAL WALL oa FENCE WITH A
MINDIUII HEIGHT OF SIX PEET (I') AND A IL\DIIUII OF
TWELVE FEET (12') MEASURBD FROII GROUND LEVEL EVERY
GATE FOR A.'"Y SUCH YARD SHALL BE OF SOLID
NONTRANSPARENT CONSTRUCTION OF NEW oa USED
MATERIAL IN REASONABLY GOOD CONDfflON. EACH SUCH
GATE SHALL BE THE SAIIE HEIGHT AS THE WALL oa FENCE.
THE LICENSE HOLDER SHALL MAINTAIN ALL WALLS, FENCES,
AND GATES IN GOOD CONDfflON.
2. WALLS, FENCES, AND GATES SHALL NOT HAVE ANY SIGNS,
POSTERS, OR OTHER ADVERTISBMBNT EXCEPT THAT NBBDED
TO IDENTIFY THE LICENSED BUSINESS .
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3 . MATERIALS SHALL NOT BE STACKED SO THEY ARE VISIBLE
ABOVE THE SURROUNDING WALL, FENCE, OR GATE FROM
GROUND LEVEL.
4 . ALL OPERATIONS, INCLUDING TEMPORARY STORAGE, SHALL
BE CONFINED TO THE INTERIOR OF THE LICENSED PREMISES.
5. THE STORAGE OF ALL RECYCLABLE MATERIALS OR
AUTOMOBILES SHALL BE CONDUCTED IN A SAFE MANNER.
6 . ALL OPERATIONS SHALL BE CONDUCTED IN A MANNER THAT
DOES NOT EMIT ANY OBNOXIOUS OR DANGEROUS NOISE, ..
VIBRATION, DUST, HEAT, GLARE, RADIATION, ODORS, FUMES,
GAS OR SMOKE BEYOND THE BOUNDARIES OF THE LICENSED
PREMISES.
7 . THE LICENSE HOLDER SHALL NOT ALLOW ANY MATERIAL TO
BE BURNED ON THE LICENSED PREMISES.
8 . ALL CHEMICALS AND FLUIDS, INCLUDING BUT NOT LIMITED
TO GASOLINE, OIL, TRANSMISSION FLUID, BRAKE FLUID, AND
RADIATOR FLUID SHALL BE DRAINED AND STORED IN
COMPLIANCE WITH THE PROVISIONS OF THIS CODE AND
APPLICABLE STATE AND FEDERAL REGULATIONS. THESE
PROVISIONS DO NOT APPLY TO VEHICLES IN PROPER
OPERATING CONDITION.
9 . ALL BATTERIES SHALL BE STORED IN A MANNER THAT
PROTECTS THE PUBLIC FROM FIRE, FUMES, LEAKAGE, AND
ANY OTHER HAZARDS .
10. ADVERTISDlG SIGNS MUST NOT FLASH OR CAST GLARE ON
ANY SURROUNDING RESIDENTIAL AREA OR CONFLICT WITH
ANY TRAFFIC CONTROL DEVICES .
E . MANAGEMENT A.'JD OPERATION: THE LICENSE HOLDER, MANAGER,
OR OTHER PERSON IN CHARGE OF THE LICENSED PREMISES SHALL:
1. KEEP A WRITTEN PURCHASE REGISTER, ON FORMS
APPROVED BY THE CITY. THE REGISTER SHALL BE OPEN FOR
INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE
CITY AT A.'ff REASONABLE TIME .
2 . MAINTAIN THE LICENSED PREMISES IN A CLEAN, ORDERLY
AND SANITARY CONDfflON AT ALL TIMES.
3 . ENSURE ALL THE PROVISIONS OF THIS CHAPTER ARE
COMPLIED WITH AND ENFORCED. • •
Se,;tigp 2. The Eql-ood City Council eatabUlbed a temporary aupeaaioa or
moratorium of certain milcellaneoua buain-li-for a period of ah moatbl
with the puaap of Ordinance No. 25, Mri• of 1997 and now removea the foUawiq
liceDM• from the moratorium :
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Automobile Salvage and Recycled Materiah Yards Licenses.
Section 3 Safety Clauaea The City Council, hereby finda, determines, and
declares that this Ordinance ia promulpted under the general police power ar the
City aC Englewood, that it ia promulpted for the health, safety, and welfare al the
public, and that this Ordinance ia n-.ry for the preaervation of a-Ith and
safety and for the protectiC111 of public convenience and welfare. The City Council
further determines that the Ordinance bean a rational relation 1D the proper
lepalative object IIOUlbt to be obtained.
Sec;tigp '-Seuubjljty If any clauae , -•ce, parqrapb., or put of this
Ordinance or tbe application tbmeol' 1D any ~ or circ:umatancet1 llball for any
reuon be adjudpd by a comt al C1111Dpetmt juriacliction invalid, auch juqment
llball DCJt affect impair or in•alidate the remainder al this Ordinance or ita
applicatiCJ11 to other penom or cin:umstancet1.
See;tiqq 5 IomrNsert OrdiPIPSII All other Ordinances or partiau thereof
inc:omiatent or conflictinc with diia OrdiDaDce or any portion hereof are hereby
repealed to tbe utent of such illconliatmcy or c:oaflict.
Sed;ipp 6, lff'IGt g( ,...1 gr modifisatign nw repeal or moclific&tion of any
provisiOD oftbe Code al the City al Eqlewood by tbia Ordinance aball not release,
extinguiah, alter, modify, or cbanp in whole or in put any penalty, forfeiture, or
liability, either civil or criminal, which aball have hem incurred under auch
provision, and each provision aball be treated and held u atill remaining in force
for the purpmM al auataiDing any and all proper actiom, auita, proceedinp, and
proaecutiODB for the eafonlement al the penalty, forfeiture, or liability, u well u for
the purpme of auatainiDc any juqment, cleaw, or order which can or may be
rendered, entered, or made in auch actiona, mita, proceedinp, or proaecutiona.
See;tiqq 7. EmaaJ.u. 'l1'e Penalty Pruviaion alE.11.C. Sectian l+l llball apply to
each and every violatiClll al this OrdiDaace.
Introduced, read in fall, and paued Oil Int rudiq CID the 5dl day al May, 1997.
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Publiabed u a Bill fi>r an Ordinance OD the 8th clay of llay, 1997.
Tbomu J. Suma, Mayor
ATTEST:
Louc:riabia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of En,lewoocl, Colondo, hereby
certify that the abo9e and fan&ainl ill a true copy of a Bill fi>r an Ordinance,
introduced, read in full, and puaed OD flnt readiq Oil the 5th clay ofl(ay, 1997.
Louc:riabia A. Elli.I
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COUNCIL COMMUNICATION
0... A4lellda 1111111 Subject
May5, 1997 Bil for .. ordinance removing Tille
5, Chapter 12. Sedlon 4 pertaining
11 a V to pawnbrokers from the City Code
and adding • new TIiie 5, Chapter
15 to the Cly Code. This wll also
l'llfflOV9 pawnbrokers from the
~ In the City of -
........ By I Frank=.
StaffSOURe -of F"inanc:ial Sefvic:es Olrec:tor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This proposed bill for at ordinance repeals Tille 5, Chapter 12. Secllon 4 of the City Code and re-enacts • new
TIiie 5, Chapter 15 (Pawnbrokers) to the City Code. This will nimove this license from the moratorium.
At the May 8, 1998 study session, staff dlSCIISled the proposed moraloftum with the Cly Council. On June 3,
1998, the Cly Council rud and passed Ordinance 25, Senas of 1118 on tlnal rudlng. This Ordinance
established the moratonum to run from June 10. 1998 to Decembel 10. 1118. Council adopted Ordinance 55,
Series of 1998 extending the mcntonum until April 10, 1117. On Febnay 11, 1997, Cly Council approved on
first rudlng • bill for and ontlnance extending the fflOf1lloc1um until July 10, 1997.
City Council dlsaassed tllla llcllnN ... aff • the IIUdy S8ll6on held on January 13, 1997.
IIECOIIIIENDED ACTION
Slaff recommetlds City Council approve tllll bll for .. Cllllnanc:e .
UCKGROUND, ANALYSIS, AND ALTEIINATND IDENTFIED
Thll llcllnN -recanlly enacted lnlo Cly Coda, so ,.. dlangN oa.111an formatting have IINn made. This
lk:llnN .. enacted in l9IP)IIN lo communlly CDnCllffll 0¥91'the Impact IMN ...._lilllmenls have on the
SUITOUlldlng neigtltloltlood and bulinasNS.
Allo, the l'IIStrlc:IMt l'lourS of operalioll have been r9fflCMd from this bll for .. onlnlnce. If Cly Council deslrN
to place r9llrictlons on the hours of operations for tllll llcenN, I II r•commended that tllll be done ttlrough •
condltlonal UM zoning procesa similar to temporary ernploymenl NfYlces.
No allematlves wera identlfted .
Fl'MNCIAL .. ACT
The license fae hu not been set as required by Chapter 1 of Tille 5. The l'NOlutlon llltlng fees is sdleduled to
go to City Council on May 11. 1997. The amount c:ollec1ea in 1118 ... $12,000.
UST OF ATTACHMENTS
Copy of the proposed bll for an ordinance.
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
AN ORDINANCE REPEALING TITLE 5, CHAPTER 12,JiECTION 4, OF THE
IINOLBWOOD IIUNICIP.AL CODB 191& PBRTAINDIG't-AWMBIIODBS AND
RE-ENACTING A NEW CHAPTER 15, AND WlDCH REMOVES
PAWMBIIOKl88 1'8011 ORDINANCB NO. 25, SDIBS OP 1988 WHICH
PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF
BNGLBWOOD, COLORADO.
WHEREAS, the Englewood City Council establiahed a temporary IU8peDllion or
moratorium of certain miacellaneoua bwrin-licenN9 for a period of lix months
with the passage of Ordinance No. 25, aeries of 1996; and
WHEREAS, the moratorium or temporary auapension included Pawnbrabn
licelllletl; and
WHEREAS, the liceD11e must be conapicuoualy displayed ao ita validity can be
readily determined; and
WHEREAS, the liceruie i1 epec:ific to the location and liceDlle holder due to IODiDg
and criminal background isluu 1urmundiog thil license; and
WHEREAS, the liceDlle requiree a bond to imure all requiremmta contained in
this Title 5 and Chapt.er are followed and all c:uatomer property ii returned by the
licenae holder; and
WHEREAS, the lic:eme holder muat have inmrance in an amount aufflcient to
cover lOIIIM!II that would otherwiae be borne by cut.omen of lic:eme holder; and
WHEREAS, the lic:eme holder muat submit to a bacqround cbec:k to prot.ect the
public from the pouibility of dealinr with ltolm ,oodl;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sgtigp 1. The City Council of the City of Enclewoocl, Colorado hereby -enda Title
5 , Chapter 12, Section 4, of the Englewood Municipal Code 1985, by repealin, Cbapt.m'
12 and enactinc a new Chapter 15, to read u followa :
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ORDINANCE NO.
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
AN ORDINANCE REPEAUNG TITLE 5, CHAPTER 12,~ECTION 4, OF THE
BNOLBWOOD lltJMICIPAL CODB 1985 PBllTAININd'1'AWNBROKDS AND
RE-ENACTING A NEW CHAPTER 15, AND WHICH REMOVES
PAWNBROIDIIIS ftOII ORDINANCE N0."215, SBB.IES OF 1998 WHICH
PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF
BNOLBWOOD, COLOllADO.
WHEREAS, the Englewood City Council establiahed a temporary IUlpeUiOD or
moratorium of certain miacellaneoua buaineu liceDN9 for a period of llix months
with the puaage of Ordinance No. 25, aeries of 1996; and
WHEREAS, the moratorium or temporary supenaion included Pawnbrokers
licenses; and
WHEREAS, the licenae must be conspicuously diaplayed so its validity can be
readily determined; and
WHEREAS, the licenae ia specific to the location and licenae holder due to zoning
and criminal background wues surrounding this license; and
WHEREAS, the licenae requires a bond to imure all requiremeota CODtained iD
this Title 5 and Chapter are followed and all customer property ia returned by the
license holder; and
WHEREAS, the licenae holder must have imunnce in an amount autlicient to
cover lOlllll!II that would otherwiae be borne by c:uatomen of licenae holder; and
WHEREAS, the licenae holder must submit to a bacqround c:heck t.o protect the
public from the possibility of dealing with stolen ,oodl;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Soctioo 1. The City Council of the City of Eqtewoocl, Colorado hereby ameoda Title
5, Chapter 12, Section 4, of the Englewood Municipal Code 1985, by repealiDc Chapter
12 and enacting a new Chapter 15, t.o read u follows :
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SECTION
5-15-1: DEFINITIONS
5-15-2: LICENSE REQUIRED
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CIIAPl'Ell 11
PAWNBROKERS
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5-15-3 : APPLICATION FOR LICENSE
5-15-4: SPECIAL CONDfflONS AND RESTRICTIONS OF THE LICENSE
5-15-1: DBl'INITIONS: AS USED IN TIDS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE MEANINGS INDICATED:
CONTRACT FOR PURCHASE:
FIXED PRICE:
FIXED TIME:
A CONTRACT ENTERED INTO BETWEEN
A PAWNBROKER AND A CUSTOMER
PURSUANT TO WHICH MONEY IS
ADVANCED TO THE CUSTOMER BY THE
PAWNBROKER ON THE DELIVERY OF
TANGIBLE PERSONAL PROPERTY BY
THE CUSTOMER TO THE PAWNBROKER
ON THE CONDfflON THAT THE
CUSTOIIER, FOR A FIXED PRICE AND
WlTHIN A FIXED PERIOD OF TIME, NOT
TO BXCBBD NINETY (90) DAYS, HAS THE
OPl'ION TO CANCEL THE CONTRACT
AND RECOVER FROM THE PAWNBROKER
THE TANGIBLE PERSONAL PROPERTY.
THE AMOUNT AGREED UPON TO CANCEL
A CONTRACT FOR PURCHASE DURING
THE OPl'ION PERIOD. SAID FIXED PRICE
SHALL NOT EXCEED:
(1) ONE-TENTH (l/10) OF THE ORIGINAL
PRICE FOR EACH MONTH, PLUS THE
ORIGINAL PURCHASE PRICE, ON
AMOUNTS OF FIFl'Y DOLLARS (15().00) OR
OVER; OR
(2) ONE-FIFTH (1/5) OF THE ORIGINAL
PURCHASE PRICE FOR EACH MONTH,
PLUS THE ORIGINAL PURCHASE PRICE,
ON AMOUNTS UNDER FIFTY DOLLARS
(15().00).
THAT PERIOD or TIME, NOT TO EXCEED
NINETY (90) DAYS, AS SET FORTH IN A
CONTRACT FOR PURCHASE, WITHIN
WHICH THE CUSTOMER MAY EXERCISE
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LOCAL LAW ENFORCEMENT
AGENCY:
OPTION:
PAWNBROKER:
PERSON:
POLICE DMSION:
PURCHASE TRANSACTION:
TANGIBLE PERSONAL
PROPERTY:
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AN OPTION TO CANCEL THE CONTRACT
FOR PURCHASE.
ANY MARSHAL'S OFFICE, POLICE
AGENCY, OR SHERIFFS OFFICE WITH
JURISDICTION IN THE LOCALITY IN
WHlCH THE CUSTOMER ENTERS INTO A
CONTRACI' FOR PURCHASE OR A
PURCHASE TRANSACTION.
THE FIXED TIME AND THE FIXED PRICE
AGREED UPON BY THE CUSTOMER AND
THE PAWNBROKER IN WHICH A
CONTRACI' FOR PURCHASE MAY BE, BUT
DOES NOT HAVE TO BE, RESCINDED BY
THE CUSTOMER.
A PERSON REGULARLY ENGAGED IN THE
BUSINESS OF MAKING CONTRACTS FOR
PURCHASE OR PURCHASE
TRANSACTIONS IN THE COURSE OF
BUSINESS. THIS SECl'ION SHALL NOT
APPLY TO SECONDHAND DEALERS
UNLESS SPECIFICALLY AOOPl'ED BY
ANOTHER SECl'ION.
ANY INDMDUAL, FIRM, PARTNERSHIP,
ASSOCIATION, CORPORATION,
COMPANY, ORGANIZATION, GROUP OR
ENTITY OF ANY KIND.
THE POLICE DMSION OF THE
DEPARTMENT OF SAFETY SDVICBS FOR
THE CITY or ENGLEWOOD.
THE PURCHASE BY A PAWNBROKER IN
THE COURSE or BUSINBSS OR TANGIBLE
PERSONAL PROPERTY FOR RESALE,
OTIIBR THAN NEWLY IIANUPACTURED
TANGIBLE PERSONAL PROPERTY
WHlCH HAS NOT PREVIOUSLY BEEN
SOLD AT RETAIL, WHEN SUCH
PURCHASE DOES NOT CONSTITUTE A
CONTRACI' FOR PURCHASE.
ALL PERSONAL PROPERTY OTHER THAN
CHOSBS IN ACTION, SECURITIBS, OR
PlllNTBD EVIDENCES or INDBBTBDNBSS,
WHICH PROPERTY IS DBPOSITBD WITH
OR OTIIBllWISE ACTUALLY DELIVERED
INTO nm P08SBSSION or A
PAWNBROKER IN nm COURSE or
BUBINBSS IN CONNBCTION WITH A
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CONTRACT FOR PURCHASE OR
PURCHASE TRANSACTION .
5-15-2: LICENSING REQUIRED: IT SHALL BE UNLAWF1.JL FOR ANY
PERSON TO OFFER OR PROVIDE THE SERVICES OF A PAWNBROKER
WITHOUT FIRST OBTAINING A LICENSE.
5-15-3: APPLICATION FOR LICENSE: PAWNBROKER LICENSES SHALL BE
ISSUED IN ACCORDANCE WITH CHAPTER 1, OF TlllS TITLE.
5-15-4: SPECW. CONDfflONS AND RESTRICl'IONS OF 'l1IE LICENSE: IN
ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE
FOLLOWING SPECIAL CONDITIONS OR RESTRICTIONS APPLY:
A . EVERY LICENSEE SHALL DISPLAY AV ALID LICENSE IN A
CONSPICUOUS PLACE WITHIN THE PAWNBROKERS
ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS
ENTERING THE PREMISES.
B. LICENSE NOT TRANSFERABLE : ANY LICENSE ISSUED PURSUANT TO
THIS CHAPTER SHALL NOT BE TRANSFERABLE. ANY Sl.iCH LICENSE
MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A
LOCATION OTHER THAN THAT LISTED IN THE LICENSE
APPLICATION . ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP
OR IN omcERS, DIRECTORS, OR HOLDERS OF TEN PERCENT (10%) OR
MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING A
PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE
LICENSE OF THE PARTNERSHIP OR CORPORATION UNLESS A
WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE .
C. BOND REQUIRED : AS PART OF THE LICENSING PROCESS, THE
APPLICANT SHALL FURNISH A GOOD AND sumCIENT BOND IN A
SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION .
SUCH BOND SHALL BE CONDfflONED UPON THE FAITHFUL
OBSERVANCE OF THE REQUIREMENTS OF TlllS CHAPTER AND
CONDfflONED UPON THE SAFEKEEPING OR RETURN OF ALL
ARTICLES IN PLEDGE BY SUCH PAWNBROKER.
D. INSURANCE REQUIRED : AS PART OF THE LICENSING PROCESS, THE
APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE
INSURANCE FOR AI.L PROPERTY THE PAWNBROKER HOLDS BY
CONTRACT, IN THE MINIMUM AMOUNT OF ONE-HALF (lfil OF SUCH
PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR
DESTRUCTION . THE APPLICANT MUST PROVIDE THE LICENSING
OFFICER PROOF OF SUCH INSURANCE COVERAGE BEFORE A
PAWNBROKER LICE:SSE IS ISSUED. PROOF OF THIS INSURANCE
COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A
RENEWAi. IS FILED WITH THE LICENSING OFFICER.
E . BACKGROUND INVESTIGATION : APPLICANTS WILL BE SUBJECT TO A
POLICE BACKGROUND INVESTIGATION AS PART OF THE
APPLICATION PROCESS.
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F . CHANGE OF OWNERSHIP OR MANAGEMENT:
1. A PAWNBROKER MAY EMPLOY A MANGER TO OPERATE THE
BUSINESS, PROVIDED THE PAWNBROKER RETAINS COMPLETE
CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BUT
NOT LIMITED TO, THE PAWNBROKER'S RIGHT TO POSSESSION
OF THE PREMISES, HIS/HER RESPONSIBILITY FOR ALL DEBTS,
AND THE PAWNBROKER MUST BEAR ALL RISK OF LOSS OR
OPPORTUNITY FOR PROFIT FROM THE BUSINESS.
2. IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, ..
OR HOLDER OF MORE THAN TEN PERCENT (10%) OF THE
SHARES OF STOCK OF A CORPORATE LICENSE HOLDER,
PARTNER OF A PARTNERSHIP, OR MANAGER; DISCLOSURE IN
WRITING BY AMENDMENT OF THE ORIGINAL APPLICATION
FOR THE ISSUANCE OF A PAWNBROKER'S LICENSE THEREOF
SHALL BE MADE TO THE LICENSING OFFICER.
3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO
AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE,
DIRECTLY OR BENEFICIALLY, IN THE OWNERSHIP OF ANY
LICENSED PAWNSHOP, WHICH IS OWNED DIRECTLY OR
BENEFICIALLY BY A PERSON THAT AS AN ISSUER OF A CLASS OF
SECURITIES REGISTERED PURSUANT TO SECTION 12, OF THE
SECURITIES EXCHANGE ACT OF 1934 (THE "ACT') OR IS AN
ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS
WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO SECTION 15 (d) OF THE ACT, PROVIDED THAT
SUCH PERSON FILES WITH THE COMMISSIONER SUCH
INFORMATION, DOCUMENTS AND REPORTS AS ARE REQUIRED
BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER
WITH THE SECURITIES AND EXCHANGE COMMISSION. SUCH
ISSUER SHALL FILE WITH THE LICENSING OFFICER
INFORMATION ON MANAGERS, OFFICERS AND DlllECTORS OF
SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY
AS IS OTHERWISE REQUIRED OF MANAGERS, OFFICERS AND
DIRECTORS OF CORPORATE PAWNBROKERS .
4 . THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR
AMENDMENT OF THE APPLICATION , WHICH FEE SHALL BE
DETERMINED BY THE CITY AND SET BY RESOLUTION. THE
NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED
AND INVESTIGATED AS REQUIRED IN SECTION 15-15-4(1:).
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G. REQUIRED ACTS :
1. A PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN
WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION :
THE NAME , ADDRESS , AND DATE OF BIRTH OF THE CUSTOMER;
THE CUSTOMER'S DRIVER'S UCENSE NUMBER OR OTHER
IDENTIFICATION NUMBER FROM ANY OTHER FORM OF
IDENTIFICATION WIDCH IS ALLOWED FOR SALE OF VALUABLE
ARTICLES PURSUANT TO SECTION 18-16-114 C .R.S .; THE DATE ,
TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR
PURCHASE TRANSACTION ; AND AN ACCURATE AND DETAILED ..
ACCOUNT AND DESCRIPTION OF EACH ITEM OF TANGIBLE
PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY
TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER,
MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING
MARKS ON SUCH PROPERTY. THE PAWNBROKER SHALL ALSO
OBTAIN A WRITl'EN DECLARATION OF THE CUSTOMER'S
OWNERSHIP WIDCH SHALL STATE THAT EACH PIECE OF
TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE
CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH
DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER
TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED
EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR
SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY
WAS FOUND, THE DETAILS OF THE FINDING.
2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE
TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM
SHALL BE RECORDED ON THE PAWNBROKER'S REGISTER AND
ON THE CUSTOMER'S DECLARATION OF OWNERSHIP.
3 . THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH
REGISTER AND ON THE DECLARATION OF OWNERSHIP AND
RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A
RECEIPl' FOR THE PURCHASE TRANSACTION.
4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO
THE DECLARATION OF OWNERSHIP.
5. SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL
LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY
REASONABLE TIME .
6 . THE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST
THREE (3 ) YEARS AFTER THE DATE OF THE LAST TRANSACTION
ENTERED IN THE REGISTER . ..
7 . A PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS • • WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN l lO) DAYS
FOLLOWING THE MATURITY DATE OF THE CONTRACT FOR
PURCHASE, DURING WIDCH TDIE SUCH GOODS SHALL BE HELD
SEPARATE AND APART FROM ANY OTHER TANGIBLE
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PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM
OR ALTERED IN ANY WAY.
8. A PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY
HIM/HER THROUGH A PURCHASE TRANSACTION FOR THIRTY
(30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING
WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND
APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY,
AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY
WAY .
9 . EVERY PAWNBROKER SHALL PROVIDE THE LOCAL LAW
ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2)
COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR
APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF
ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE
PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S
DECLARATION OF OWNERSHIP FORM. THE FORM SHALL
CONTAIN THE SAME INFORMATION REQUIRED TO BE
RECORDED IN THE PAWNBROKER'S REGISTER PURSUANT TO
SUBSECTION 1, OF TIUS SECTION. THE LOCAL LAW
ENFORCEMENT AGENCY SHALL DESIGNATE THE DATE OF THE
WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE
SUBMITTED.
10 . EVERY PAWNBROKER SHALL CLEAR, THROUGH THE CITY,
PRIOR TO RELEASE , ALL FIREARMS, OTHER THAN THOSE
WHICH ARE NEWLY MANUFACTURED AND WHICH HAVE NOT
BEEN PREVIOUSLY SOLD AT RETAIL .
11. EVERY PAWNBROKER SHALL PAY TO THE CITY A FEE FOR
EVERY TRANSACTION FORM. THIS FEE SHALL BE DETERMINED
BY THE CITY AND SET BY RESOLUTION .
12. EVERY PAWNBROKER SHALL, AT HIS/HER EXPENSE, KEEP
RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY
SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME
BY THE LICENSING OFFICER.
H . PROHIBITED ACTS :
1. NO PAWNBROKER, EMPLOYEE, OR AGENT OF THE
PAWNBROKER SHALL ENTER INTO A CONTRACT FOR
PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON
UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY
PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR
DRUGS .
2. NO PAWNBROKER, EMPLOYEE, OR AGENT OF THE
PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE
PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON
KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO
HAVE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT
FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES.
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SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY
THE CITY FOR THE PAWNBROKER TO ENTER INTO ANY
CONTRACT WITH SUCH PERSON.
3 . NO PAWNBROKER SHALL TAKE ANY TANGIBLE PERSONAL
PROPERTY FROM A CUSTOMER ON CONSIGNMENT.
4. WITH RESPECT TO A CONTRACT FOR PURCHASE, NO
PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER MAY
PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME
DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR
PURCHASE AGREEMENT WITH THE PAWNBROKER WHICH
WOULD RESULT IN THE PAWNBROKER OBTAINING A GREATER
AMOUNT OF MONEY THAN WOULD BE PERMITTED IF THE
PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE
CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE
PERSONAL PROPERTY.
5. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER
SHALL VIOLATE THE TERMS OF THE CONTRACT FOR
PURCHASE .
6 . NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER
SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE
TRANSACTION FOR ANY TANGIBLE PERSONAL PROPERTY
WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER,
MODEL NUMBER, BRAND NAME, OWNER'S IDENTIFICATION
NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY
HAVE BEEN TOTALLY OR PARTIALLY OBSCURED.
7. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER
SHALL ENTER INTO A CONTRACT FOR PURCHASE OR A
PURCHASE TRANSACTION WHEN THE PROPERTY, WHICH IS
THE SUBJECT OF THE CONTRACT FOR PURCHASE OR PURCHASE
TRANSACTION, IS OTHER THAN TANGIBLE PROPERTY.
8 . NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER
SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF
INTEREST, COMMISSION AND COMPENSATION THAN THE
TOTAL RATE OF ONE-TENTH (1/10) OF THE ORIGINAL
PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL
PURCHASE PRICE, ON AMOUNTS OF FIFTY DOILARS ($50 .00) OR
OVER. OR ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE
FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE ON
AMOUNTS UNDER FIFTY DOILARS ($50 .00 ). NO OTHER CHARGES
SHALL BE MADE BY THE PAWNBROKER UPON RENEWAL OF
ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN
THE EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT
SHALL BE VOID. ANY CONTRACT FOR THE PAYMENT OF
COM~IISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT
FOR PURCHASE OR TANGIBLE PERSONAL PROPERTY SHALL BE
NULL AND VOID .
I. HOLD ORDERS AND SURRENDER OF PROPERTY:
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1. ANY LAW ENFORCEMENT OFFICER MAY ORDER A
PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY
DEPOSITED WITH OR IN THE CUSTODY OF ANY PAWNBROKER
FOR PURPOSES OF FURTHER ~TIGATION. A HOLD ORDER
SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE
PAWNBROKER. NO SALE OR OTHER IMPOSITION MAY BE MADE
OF SUCH PROPERTY HELD BY ANY PAWNBROKER WHILE THE
HOLD ORDER REMAINS OUTSTANDING . A HOLD ORDER SHALL
SUPERSEDE ALL OTHER PROVISIONS OF TIUS CHAPTER, AND
ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFTER
THE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER
SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION.
2. IF ANY LAW ENFORCEMENT OFFICER DETERMINES THAT ANY
ARTICLE OF PERSONAL PROPERTY HELD BY A PAWNBROKER IS
STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER
MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST
PROVIDE THE PAWNBROKER WITH A RECEIPT AND CASE
REPORT NUMBER.
J . LIABILITY OF PAWNBROKER :
1. A PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE
OR CONTRACT OF PURCHASE TRANSACTION FROM A
CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO
TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION
OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE
PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF.
IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR
STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION
OF THE TITLE. IF THE PAWNBROKER SHALL SELL SUCH
ARTICLE TO A TIURD PERSON, THE PAWNBROKER SHALL
RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET
VALUE OF THE ARTICLE . THE LAWFUL OWNER MAY, UPON
PROOF OF HIS OR HER OWNERStDP OF THE ARTICLE LOST OR
STOLEN, CLAIM THE SAME FROM THE PAWNBROKER OR
RECOVER THE SAME BY THE APPROPRIATE LEGAL MEANS
INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR
MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND
REQUIRED BY SECTION 5-15-4(C).
2. A PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE
PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES
THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR
OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO
EXERCISE REASONABLE CARE IN REGARD TO IT .
Section 2. The Eqlewood City Council establiabecl a temporary 1uapemioa or
moratorium of certain miacellaneoua bwiinn1 liceDN8 for a period of ,is moatba
with the puaace of Ordinance No . 25, aeriea of 1996 and now remov• the followm,
lice111e1 &om the moratorium:
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Pawnbrokers.
Section 3 Safety CJau1e1 The City Council, hereby finds, determines, and
declares that this Ordinance ill promulgated under the general police power of the
City of Englewood, that it ill promulgated for the health, safety, and welfare of the
public, and that thia Ordinance ill n-.ary for the prae"atiOD of health and
safety and for the protec:tiOD « public convenience and welfare. The City Council
further determinee that the Ordinance bean a rational relation to the proper
legislative object 90Ulht to be obtained.
Secticp '-SexcnbiJity If any clause, sentence, parqraph, or part of this
Ordinance or the application thereof 1D any penon er circumstances 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 penons or circumstances.
Ses;tigp 5 lomnmlknt Ordj91pc11 All odier Ordinances or portions thereof
inconaistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the utent of such incomistency or conflict.
Sectigp &. Effc of repeal gr mgdjficatjgp The repeal or modification of any
provision of the Code of the City of Englewood by thia Ordinance ehall not releue,
ertinguish, alter, modify, or change in whole er 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 u still remaining in force
for the ~ « sustaining any and all propw actiona, auits, proceedinp, and
prosecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpoae of 1ustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actiom, IUita, proceedinp, or proeecutiona.
Secticp 7. f.e.ulty. The Penalty PnmaiOD « E .11.C . SectiOD l+l shall apply to
each and every violation of thia Ordinance.
Introduced, read in full, and pueed on &nt readinr OD the 5th day «May, 1997.
Publiabed u a Bill for an Ordinance on the 8th day «May, 1997.
'lbomu J . Burns, Mayor
ATT"£ST :
Loucriahia A. Ellis, City Clerlr.
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I, Loucriabia A. £Ilia, City Clerk mtbe CitJ «Enpwoocl. Colorado, hereby certify
that tbe above u11 fantainl ia a tnae copJ «. am 1ar -~ iDtroduced,
read in full, and puNd CID flnt reediac CID tbe 5th day«~' 1997.
Louc:riahia A. Ellis
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May 5, 1917
ln*-«1By
of Fmanc:lal SeNlces
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COUNCI. COMMUNICATION
11 a vi
Frank
COUNCIL GOAL AND PREVIOUS COUNCH. ACTION
Subject
BIN for an ordinance repealing TIie
5, Chapler 13 and re-enacting a
new TIiie 5, Chapter 13 of the Clly
Code. This will also remove
temporaiy employment
establlshmentS from the
moratorium In the City of
lewood
Staff loun:e
Director
This proposed bill for an ordinance repeals TIie 5, Chapter 13, and re-enads an new TIie 5, Chapter 13
(Temporary Employment) to the City Code. This will also remove this license from the moratorium.
At the May a. 19111 study session, staff discussed the proposed moratonum with the City Council. On June 3,
19111, the City Council read and puaed Ordinance 25, &!,tes of 1918 on final reading. This Ordinance
established the moratorium to run from June 10, 1918 to December 10, 1918. Council adopted Ordinance 55 ,
Series of 19111 extending the moratorium until Apnl 10, 1997 . On February 18, 1917, City Council approved on
first reading a bill for and Oftllnance extending the moratorium untU July 10, 1917.
City Council dlsCIISled this llcenle with staff at the study l8Slioll held on November 11 , 1918.
RECOMMENDED ACTION
Staff recommends City Council approve this bll for an ordlnanc:e .
BACKGROUND, ANAL \'811, AND ALTERNATIVES l>ENTIFED
This license was recently enacled Into Cly Code, so few changes Olher than formlltllng and inclusion of
requirements for waiting areas and restrooms for clients were made. These changes were made In response to
community concerns over the lmpacl cllenls of these establishments have on the surrounding nelghboriloods if
adequate facilities are not provided.
No altematlv11s were identified .
FINANCIAL IMPACT
The llc:ense fee has not been set a reqwed by Chapter 1 of Tille 5. The AISOlutlon Ntllng feel Is ICtleduled to
go to City Council on May 19 , 1997 . The amounl collected in 19111 was S500.
UST OF ATTACHIENTII
Copy of the proposed bill for an ordinance.
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ORDINANCE NO. _
SERIF.S OF 1997
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 42
INTRODUC~
MEMBER-----n--__. ___ ---"~
AN ORDINANCE REPEALING TITLE 5, CHAPTER 13, OF THE ENGLEWOOD
KUNJCIPAL CODE 1985 PBJlTAINING TO TBMPORARY BIIPLOYMENT
SERVICES AND RE-ENACTING A NEW CHAPTER 13, AND WIUCH REMOVES
TBIIPORAllY BMPLOYIIENT SDVICES FROM ORDINANCE NO. 25, SERIES
OF 199UVHICH PERTAINS TO THE MORATORIUM ON LICENSES IN THE
CITY of ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council established a temporary auapenaion or
moratorium on certain miac:ellaneoua business licenses for a period of 10: months
with the passage of Ordinance No. 25, series of 191 and
WHEREAS, the moratorium or temporary suapension included temporary
employment services licenses; and
WHEREAS, the City of Englewood desires to have all licenses in Title 5 of the
Englewood Municipal Code to be in essentially the same format; and
WHEREAS, the licensing renewal requirements have been removed and are
controlled by Chapter 1 of Title 5 ; and
WHEREAS, the nature of the buaineu includ• the -bly oflarp numbers of
people and the licensed premises must have adequate waiting areu; and
WHEREAS, the nature of the buain-includN the -.nbly of large numbers of
people, the licensed premiaM must comply with applicable building cod• regarding
sanitation facilities ; and
WHEREAS, repetitive and unnecessary language hu been removed; and
WHEREAS, the license is not transferable;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby amends Title
5 , Chapter 13, of the Englewood Municipal Code 1986, by repealin, and re--.c:tinf
Chapter 13 , to read as follows :
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CBAPTER13
TEMPORARY EMPLOYMENT SERVICES
SECTION:
5-13-1: Definitions
5-13-2: License Required
5-13-3 : Application For License
5-13-4 : Special Conditiom and Restrictions of the License
6°13-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE
FOLLOWING DEFINITIONS APPLY:
DAY LABORER:
TEMPORARY EMPLOYMENT
SERVICE:
PERSONS (NORMALLY, BUT NOT
EXCLUSIVELY UNSKILLED LABORERS)
WHO WORK AND ARE PAID ON A DAILY
OR SHORT TERM BASIS WHO RECEIVE
WORK ASSIGNMENTS OR ARE
DISPATCHED BY AN EMPLOYMENT
SERVICE TO WORK FOR A THIRD
PARTY, WHETHER PAID BY THE
AGENCY OR THE THIRD PARTY.
ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION OR CORPORATION THAT
MAINTAINS A CENTRAL LOCATION
WHERE DAY LABORERS ASSEMBLE
AND ARE DISPATCHED TO WORK FOR A
THIRD PARTY USER.
5-13-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON
OR ENTITY TO OFFER OR PROVIDE TEMPORARY EMPLOYMENT
SERVICES IN THE CITY OF ENGLEWOOD WITHOUT HAVING FIRST
OBTAINED A LICENSE .
5-13-3: APPLICATION FOR LICENSE: TEMPORARY EMPLOYMENT
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS
T I TLE .
5-13-4: BPECw. CONDfflONS AND RESTRICTIONS OFTBE UCBNBE: IN
ADDITION TO THE REQUIREMENTS OF CHAPTER 1 OF THIS TITLE, THE
FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY:
A . TEMPORARY EMPLOYMENT LICENSES MAY NOT BE
TRANSFERRED TO ANOTHER PERSON OR LOCATION OTHER
THAN THAT LISTED IN THE LICENSE APPLICATION .
8 . THE TEMPORARY EMPLOYMENT ESTABLISHMENT SHALL
PROVIDE A DESIGNATED WAITING ROOM IN THE LICENSED
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PREMISES TO ACCOMMODATE THE SEATING OF ALL POTENTIAL
EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER.
C . THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT
CAN PROVIDE AN OUTDOOR WAITING AREA WITH SPECIFIC
BOUNDARIES FOR POTENTIAL EMPLOYEES AND CUSTOMERS OF
THE LICENSE HOLDER.
D. THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT
MUST PROVIDE AND MAINTAIN RESTROOM FACILITIES IN
WORKING ORDER IN COMPLIANCE WITH THE UNIFORM
BUILDING CODE AS ADOPTED BY THE CITY OF ENGLEWOOD,
COLORADO WHICH ARE ACCESSIBLE TO THE ASSEMBLED DAY
LABORERS AWAITING DISPATCH.
E. ANY CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF
MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A
CORPORATE LICENSE HOLDER OR PARTNER OF A
PARTNERSHIP, REQUIRES A WRITTEN AMENDMENT TO THE
ORIGINAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY
EMPLOYMENT SERVICE LICENSE . THE AMENDMENT SHALL BE
SUBMITI'ED TO THE LICENSING OFFICER WITH THIRTY (30)
DAYS OF THE CHANGE OF OWNERSHIP.
A CHANGE OF OWNERSHIP AMENDMENT IS NOT REQUIRED IF
THE LICENSED TEMPORARY EMPLOYMENT SERVICE IS OWNED
DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER
HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO
SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE
"ACT") OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO
FILE REPORTS WITH THE SECURITIES AND EXCHANGE
COMMISSION PURSUANT TO SECTION 15 (d) OF THE ACT,
PROVIDED THAT SUCH PERSON FILES WITH THE
COMMISSIONER SUCH INFORMATION, DOCUMENTS AND
REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT
TO BE FILED BY SUCH ISSUER WITH THE SECURITIES AND
EXCHANGE COMMISSION . THE ISSUER SHALL FILE WITH THE
LICENSING OFFICER INFOR'.\IATION ON OFFICERS AND
DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR
INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF
OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY
EMPLOYMENT SERVICES.
Section 2. License fees for thia Chapter shall be determined and eet by City
Council in accordance with 5-1-8 ofthi1 Code .
Section 3. The Englewood City Council eatabliabed a temporary 1uapenaion or
moratorium of certain miacellaneoua buaineu lic:enN8 for a period of m months
with the paaaage of Ordinance No . 25, seri111 of 1997 and now rem-the following
licenses from the moratorium:
TEMPORARY EMPLOYMENT SERVICES LICENSES.
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Section 4 Safety CJau•ea The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necesaary 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 5 Severabiiity If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances 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 c:ircumatancea.
Ses;tion 6 Inamliatmt Ordinansea All other Ordinances or portions thereof
inconaister.t or conflictinc with this Ordinance or any portion hereof are hereby
repealed to the utent of such inc:onsistency or conflict.
Section 7 EffiM:t of RPUI or modifisation The repeal or modification of any
provision 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 pupoeea of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enfon:ement of the penalty, forfeiture, or liability, as well as for
the ~ of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suita, proceedinp, or proeecutions.
Section 8. fmaltI. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on &rat reading OD the 5th day of May, 1997.
Published as a Bill for an Ordinance on the 8th day of May, 1997.
Thomas J. Buma, Ma:,or
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foreaoin, ia a true copy of a Bill for an Ordinance, introduced,
read in full, and puaed OD &rat reactinc OD the 5th day of May, 1997.
Loucriabia A. lllil
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COUNCL COMMUMCATION
0.. Agendalllm Subject
May5, 1997 lllal6all to allow Stand By Persol•lel
11 C f
faur manlhs to ~ in .. Cly of
Eilglewaod wllhaut • PRII*' lclnse
• ..... br TIie 5 of the Cly
Cod9
........ lly I Frank G
StaffSource
-of F'inanc:lal Services Onctor
CCUIICIL. GOAL AND PREVIOUS COUNCL ACTION
N. Ille Maye. 1w Sludy INsion, staff discussed Ille proposed moralorium w1t1 Ille City Council. On June 3,
19N, Ille City Council read and passed Onilnance 25, Series of 19N on ftnal rudlng. This Onilnance
8ltablllhed the moratorium to nin from June 10, 11118 to December 10, 19N. Council adopled Onilnance 55,
Series of 19N extending Ille mcnlOfium until April 10, 1997. On February 18, 1997, City Council approved on
first reading• bill for and ordinance extending the moralonum until July 10, 1997.
City Council discussed this license wiltl staff at• study session held on FebfUary 18, 1997.
IIECOIRENDED ACTION
Slaff l'IIC::Offlfflllllds City Council approve Ille following motion: The new OMNlfS of Stand-By Pel"solNlel,
Oulsource lnlllmallonal, may opera wllhaut a proper llcllr1N in Ille City of EnglNOod, It its solll loc:alion It
2901 Soulll Broadway for a pertod of four mon111s from May 5, 1997 through August 5, 1997.
UCKGROUND, ANAL Y918, AND ALTEIINATNES IJENTIIIED
Stand-By p.._ .... -llcllnNCI .., .. Cly of Eiiglewood prtor to the mcnlorium being in place. The .... of
Stand-By took place while 11111 morlllOrtum was In place, and tllllrllbe Ille new OWMf' cannot bll llclnNd under
Ille moratorium, nor wil piapoeed zonng cllanglls allow Ille 9llabllstmllnl to bll llclnNd at its cur19111 locallorl.
Mr. Steve Cogswell l'llpfllMllltng 11111 new OWMf' of Stand-By alidl 1111 r:t City Councll at Ille l9gUlar fflNllnll on
April 21, 1997. Hll l'llqlllllbld 11111 City allow Stand-By to operale for four rnonlllS and 111111"1 CNIII oplfallal• in
Ille City.
The City Council may ntjeCl tNs propoul, and propoae anot1111r lhmatlvll wi1t1 a dlffllrllnt time frame and/or
conditions, or punue enforcllmllnl of Ille violation irMllldlatllly.
flNANCIAL .. ACT
The City collllc:ted $100.00 from Sland-8y in 19N.
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RESOLUTION NO .~
SERIES OF 199 7
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A RESOLUTION HONORING J[M AND JENN[E TAYLOR AS
ENGLEWOOD'S CITIZENS OF THE YEAR FOR 1997
v WHEREAS , Jim and Jennie Taylor have been long-time active and
dedicated residents -Jim for over 70 years, and together, as homeowners in
Englewood for 5 7 years ; and
v WHEREAS , Jim Taylor, described by friends as a "mayor of the people ," served as Mayor of
Englewood from 197 4 to 1980, providing a steady influence on Council, and acting as a mediator
and peacemaker during a time when there was much turmoil on Council; and
.,,,,.-WHEREAS , Jim was instrumental in Englewood's Diamond Jubilee celebration, and
Englewood's participation in the Centennial/Bicentennial; and
WHEREAS. Jennie Taylor has served as a strong support and le eling influence for Jim and
has dedicated herself to handling the domestic affairs for the Taylor family; and
WHEREAS , Jennie has played an important role in the community by serving as an active
volunteer at Porter Hospital and the Greater Englewood Chamber of Commerce ; and
WHEREAS, the Taylors have been active in many community organizations , such as the
Englewood School Board , the Englewood School PT A, the Lions Club, the Cherrelyn Horse Car
Committee, and the Englewood United Methodist Church; and
WHEREAS , even at times of great personal strife, the Taylors have taken the time to be
thoughtful , considerate, and appreciative of others; and
WHEREAS , the names Jim and Jennie Taylor are synonymous with community involvement, leadership, participation , and support;
NOW . THEREFORE , BE [T RESOLVED BY THE crn COUNCIL OF THE CITI' OF
ENGLEWOOD . COLORADO THAT
JIM AND JENNIE TAYLOR ARE NAMED
ENGLEWOOD'S CffiZENS OF THE YEAR FOR 1997
ADOPTED AND APPROVED this 5th day of May, 1997 .
Thomas J. Bums , Mayor
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RESOLUTION NO. ~If
SERIES OF 1997
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A RESOLUTION OFFERING STRONG SUPPORT FOR THE ENGLEWOOD HISTORICAL
SOCIETY'S "HISTORIC ENGLEWOOD SANTA FE DEPOT RESTORATION PROJECT"
WHEREAS , the Depot has been , and continues to be, an imponant pan of the community;
and
WHEREAS , the Englewood Depot opened June l, 1915 and seived passengers and freight
for the communities of Englewood, Sheridan, Petersburg, and Fon Logan until 1955; and
WHEREAS, The Englewood Depot has been listed in the State Register of Historic
Propenies for the State of Colorado; and
WHEREAS, in 1993, the Englewood Depot was marked for demolition to make way for
future construction on Santa Fe Drive, and in 1994, the Englewood Historical Society undenook
the sizeable task of saving the Depot and relocating it to its current location at Danmouth and
Galapago ; and
WHEREAS , the Englewood Historical Society plans to restore the Depot to its original
condition and make it home to the Englewood History Museum, and is interested in expanding its
site for sufficient parking and outdoor activities; and
WHEREAS, The Englewood City Council wishes to congratulate the Historical Society on
the substantial progress made on this project, and to offer strong suppon for continuation of the
Historical Restoration of the Englewood Santa Fe Depot Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO THAT
The City and the citizens of Englewood suppon with pride the Englewood Historical Society in its
effons to restore the Englewood Santa Fe Depot to its platt of honor in our community.
ADOPTED AND APPROVED this 5th day of May, 1997.
Thomas J. Bums, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A Ellis, City Clerk for the City of Englewood, Colorado, hereby ccnify the
above is a true copy of Resolution No. __ , Series of 1997.
Loucrishia A. Ellis
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REGULAR MEETING
THE ENGLEWOOD CITY COUNCIL
~ONDAY, MAY 5, 1997
7:30 P.M.
Call to order. vJ _: ~
Invocation. £1/Aijrr:
Pledge of Allegiance . ~
RollCall. It~
5. Minutes. t i 6-{} a. Minutes from the Regular City Council Meeting of April 21, 1997. /)~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Mary Dounay, Englewood Public Library Board Member, will be present to discuss the
Library remodeling project.
.,,.-,---b. Doug Cohn will be present to discuss 2no1 Hand Dealers Licenses . // -{f[J ":
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~n-M r -o· Proclamation declaring May 1 S" as Peace Officers Memorial Day, and the week of vrr ~.JI May 11-17, 1997 as Police Week. (}J~
9 . Public Hearing. (None scheduled) g
,.._ nola: If you haw a lltability wl 111111 _.., alck•---.,._....,, .. a,f/111-waoll(7U.W)al
lust 48 houn .In advMCe of when----......... l"-,-.
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City Council Agenda ~ 0 {l I ..-A-a~ ~ { "J / \
~y S, 1997 /, · · · ~l flh//.l__ A -:>'/ ~ Pap2 v._//( . • (__yvvv ,v~
fD ~" ~.~ ·-r._,-,tu / 11/J. tl 0---0w Conse~gen/Oa_ ~ IO °:-2 -~ --,,~V \;
{)f f ~ Approval of Ordinir;ce?on First Reading .
/lJ &: b f , ..,,J l i.:..--V Recommendation from the Department of Public Works to adopt a bill for an
C, /-f Of r-VJ,, ::.;~~i,:.::~d,:;.~~ov~ng~rete~tiltty-,ST~~F ~URC~~Charles
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Recommendat ion from the Department of Public Works to adopt a bill for an
ordinance creating Paving District No. 38. STAFF SOURCE: Charles Esterly,
Director of Public Works.
, / n iii. Recommendation from the Departments of Administrative Services and ~ 'TU. v Financial Services to adopt a bill for an ordinance amending the Firefighters '
~ d lr-0 Pension Fund and Permanent Disability Ben;fjtj, ~F~UR_CE: Martin -f r Semple,Attomeyatlaw. ?,~ 11 Uvv/~
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Recommendation from the Departments of Administrative Services and
Financial Services to adopt a bill for an ordinance amending the Police Officers
Pension Fund and Permanent Disability Benefits . STAFF SOURCE: Martin
Semple, Attorney at Law.
Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance, as amended, approving a
temporary moratorium on permits and licenses in specific industrially zoned
areas. STAFF SOURCE: Mark Graham, Neighbomood Community
Coordinator.
Cl,/f' :Jj vi,:... Recommendation from the City Manager's Office to adopt a bill for an ~ '7.3~
. (h~/A ../) ordinance amending the Englewood Municipal Code regarding liquor in th
f"U..r.r-U Parks . STAFF SOURCE: Doug a.., City Manager. /A)~
C,f;/1-3 CS-vii. Recommendation from the Englewood Housing Authority to adopt a bill for an
( o.J) ordina ce approving the sale of fiv Proj uild properti . STAFF SOURCE: vrr --u ; ~ er, Housing Specialist.
b . i;Jpr va rdina~s Second Readi . ,,. / ~ ~ ~ -I )-. $v-'-/' /J7J jJ / I~ i Counci l Bill o . 6 , approving an lnte.fc:ernmental Agreement with the
-r Colorado Department of Transportation, Office of Transportation Safety for grant
funding to encourage the use of seat belts and child restra int systems.
01J-lr ?Jp ii .
(JU:!]!_ iii .
{yJ_J 3 )-iv. -
Council Bill No . 30, creating a new Chapter in the Englewood Municipal Code
establish ing a license for Body Piercing Establishments.
Council Bill No . 32 , approv ing an Intergovernmental Agreement w ith the City of
Thornton for rotomill ing services provided in exchange for goods .
Co un c il Bill No . 36, approving a contract for a food and beverage service cart
for the Library .
Plwe 11111a: If,-. line a dublllty wl..., aalllary-* or..._, pl.-IIGlffy tM City el& ...... (7DMIS) II
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City Council Agenda !flJJf!JJ!J!~gJ
May 5, 1997 fW:.D
Pagejr:J /~ (_!, -/ ~ J
L{f~;,Q -Res~tions and Motions.
~_!;;I'· Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation of Conservation Trust Fund
reserves to fund the City's portion of the Big Dry Creek Bike Path and the
Recreation Center roof project. STAFF SOURCE: Frank Gryglewicz, Director of
Financial Services.
ii. Recommendation from the Department of Financial Services to adopt a
resolution establishing fees for Body Piercing Establishments. STAFF SOURCE:
Frank Gryglewicz, Director of Financial Services.
iii. Recommendation from the Utilities Department to adopt a resolution approving
an agreement for a water line extension on South Windermere Street and West
Union Avenue. STAFF SOURCE: Stewart H. Fonda, Dittctor of Utilities.
iv. Recommendation from the Department of Public Works to approve, by motion,
the purchase of a pickup truck for the Parks and Recreation Department. Staff
recommends awarding the bid to the low bidder, Academy Inc. of Colorado
Springs, in the amount of $20,883 .00. STAFF SOURCES: Jerrell Black, Director
of Parks and Recreation and Dave Lee, Manager of Open Spaces.
v. Recommendation from the Parks and Recreation Department to approve, by
motion, the purchase of a mower. Staff recommends awarding the bid to the
low bidder, Colorado General Equipment, in the amount of $53 ,704.00. STAFF
SOURCES: Jerrell Black, Director of Parb and Recreation and Dave Lee,
Manager of Open Spaces.
vi. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of a ten yard dump
truck. Staff recommends awarding the bid to the low bidder, Transwest Trucks,
Inc., in"the amount of $56,271.00. STAFF SOURCES: Stewart H. Fonda,
Director of Utilities and Jim Tallent, Operations Division Manager.
vii. Recommendation from the Utilities Department to approve, by motion, the
purchase of a ten yard tandem dump truck . Staff recommends awarding the bid
to Transwest Trucks, Inc. in the amount of $56,255 .00. STAFF SOURCE:
Stewart H. Fonda, Dittctor of Utilities.
viii. Recommendation from the Department of Library Services to approve, by
motion, a contract for the Library 's remodeling project. Staff recommends
awarding the bid to the low bidder, Ash & White Construction Company, in the
amount of $333,500.00. STAFF SOURCE: HR Long, Director of Library
Services.
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City Council Agenda
May S, 1997
Page4
11 . Regular Agenda .
a. Approval of Ordinances on First Reading. ~J
cµ. IL i. Recommendation from the Department of Neighborhood and Busi~ 7 ~JI '---0 Development to adopt a bill for an ordinance amending the Comprehensive
v r f IQ Zoning Ordinance regarding Pawn and Auto Pawn and to set a public hearing ?J I for June 2, 1997. STA~ Graham, Neighborhood Development
f H A 97 ffdt:!~~~1bo~n~u~;!s? J-, 31J
{! ~ L/1 j I 51 Development to adopt a bill for an ordinance amending the Comprehensive df!Jtf. V-U Zoning Ordinance regarding Temporary Employment Services and to set a
/Jfl ~~/tJ{/ public=.:~ f ne2 1997. STAFFSOURCE:HaroldStitt,Planning
. f/j ~.A/YU~ (t17 7: irv
/J fJ J1,. 1 I,/ , . Rec mm tion from the rtment of Fma~~ices tofadopt a bill for
~ '-f 7 an ordinan e adding a new section regarding Auto Pawnbrokers to the
Englewood Munici Code. STAFF SOURCE: Frank Gryglewicz, Director al te--0 Financial Services.
{!13,J.{/c;' iv . Recommendation from th Department of Financial Services to adopt a bill for
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,r1n ordinance repealing the "Auto Wrecking and Junk Yards" section of the
~nglewood Municipal Code and adding a new section entitled • Auto Salvage
and Recycled Material a s." STAFF SOURCE: Frank G,yalewicz, Director al
Financial Services.
~ cf3 v. Recommendation from the rtment of Financial Services to adopt a bill for
-0 an ordinance enacting a new section to the Englewood Municipal Code
regarding Pawn Brokers, and removing this license from the morf~
----IUHi~ 1.°~~CE: Frank G~~or of Financ" Servic'-733 · ~ /~ r
CJ/ t/J--v lt~~om~ from the Department inancial Services to adopt a bill for
./ an ordinance enacting a new section of the Englewood municipal Code -~-o regarding Temporary Employment Establi~s. STAFF SOURCE: Frank
Gryglewicz, Director of Financial Servic
b . Approval of Ordinances on Second Reading. · a--
c. Resolutions and Motions.
i . Recommendation from the Department of Financial Services to approve a
motion allowing Standby Personnel to operate in the City of Englewood for four
months without a proper license . STAFF SOURCE:~z, Director
/
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of Financial Services. ~ c.l!!_V ~· ~ Yx ~ -kl'-vfNl--rw-
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Qty C:-il Agend,I
Mays, 19'7
PapS
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Adjournment.~ CJ ·.~ ~
The following minutes were transmitted to City Council between 04/18/97-05/01
• Englewood Liquor Licensing Authority meeting of April 2, 1997
• Englewood Non-Emergency Pension Board meeting of January 14, 1997
• Englewood Firefighters Pension Board meeting of October 23, 1996
• Englewood Non-Emergency Pension Board meeting of October 8, 1996
• Englewood Firefighters Pension Board meeting of September 9, 1996
• Englewood Firefighters Pension Board Volunteer Special Meeting of September 25, 1996
• Englewood Joint Pension Board Special meeting of September 9, 1996
• Englewood Non-emergency Pension Board meeting of July 9, 1996
l'lwa 111111: H you hne a clllblllty wl ... ...., ... or---. ..... ...., .. City el I d _.C7U-W>II
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May 19, 1997
Regular City Council Meeting
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