HomeMy WebLinkAbout1996-10-07 (Regular) Meeting Agenda•
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0CTo8£R 7, #996
R£GULAR CITY COUNCIL M££TING
ORDINANCE# 45, 46, 47, 48, 49, SO, 51, 52, 53, 54
R£S0LUTION ~ ~9, 80, 81, 82, 83, 84, 85, 86
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY, COLORADO
Odakr ,. 1"6
I. Call to Oner
Tbc regular IIICding «die Eaglewood City Council -called 10 order by Mayor Pro Tem Habenicht at
7 :JOp.m .
2 .
Tbc UIYOCalioe -sr-by C-=il Mmlla Wiggins.
3 . i'WletfAI 11
Tbc Plcqe « AUegiacc -led by Ma,al' Pro Tem Habenicht.
4 . ..-c.n
l'laalt: Council Members Hathaway, Clapp, Wiggins, Habenicht, Vormittag, w...-.-
Abaeat: Ma)'O' Bums
A quonun -p,acal.
S. Mi.ta
Allo p,aeat: City Mualer Clmt
City AUorney BRltzDWI
AaillaDl 10 tbc City Maaqei-Once
City Clerk Ellis
Hausiag Specialill Nader
Hausiag FiUIICC Specialila Grimmea
Oinx:IOr Eltaly, Pllblic: Wolb
Maaqei-Si ....... Neigllbortaood 111d ~ Dcvdopmcnt
DiRlCIOr Oryglewicz. FilllllCial SelViccs
(a) COUNCIL MDmlEll HATHAWAY MOVED. AND IT W.AS SECONDED. TO
Al'PllOVI: TIIE MINUTES or TIIE llEGUI.All MEETING or SUTEMSIR 16. 1"6.
A)'a: Couaci.l Mcallas Hadlaway. V«miaag. Wiggins, Habenicbt.
W1g1111er.Clapp
Nays : Nia
Ablenl : Ma)'O' Bunas
COUNCIL UMSIEll HATHAWAY MOVED. AND IT W.AS SECONDED. TO Al'PROVI: THE
MINUTES Or 1111 Sl'l.clAL MIITINC OP SUTEMSU U. 1"6.
A)'a: Council Mcallas Hadlaway. V«miaag. Wiggins. Habcnichl.
Wagoaer, Clapp
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E.apewood City COIIIICil
October 7, 1996
Pagel
Nays :
Ablcnl :
Motion carried.
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Nooe
MayorBums
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(a) Effa Mac Marker, ExeculM: Dircaar ol Columbine Knolls Parts and Recreation
District praented to AU11iD Gomes and Steve Neyer, Chair and Vice Chair olEnglewood's Parts and
Rec:ralioa Commillion, tbe CPRA (c.alorado Parts ud Rec:ralioa AWJCi•ion) citation award for their
years o{ service on tbe Englewood Parts ud Rcaalioa C-millioa. She DOied that tbele two DICll have
shared the Chair and Vice Chair role for tbe pall twdve years, tbal tlley have provided kadcrship for the
other Commission members, inpul for their fdlow citizals and have gi\'CII countless hours of their time
and years o{ cledicaled service. Howe\'cr, Ms . Markcr llaled, that is not really why tlley were nominated
by a citiuo ol Englewood for this award. For one thing. she poin!cd out. tbe ciwion award n:quircs a
nomination from a citizen of tbe community and the award is a m:ognition of OUIStanding service to parks
and recreation within our Slate. She advised it is a highly coveted award and they deserve it. Ms. Mader
stated that tlley were IIOllllllllled for the ~ commitmeol tlley have made to put the pride and back
home feeling in Englewood. O>lorado. Bodi o{ these men. she nolal, fed strongly that community
inwlYemeat and a -o{ idcality is whal malia a city lillc Englewood worth living in. So, she
ODffllDCIIIOI , tlley decided IO bring -o{ tbe tnlditioas back. Steve Neyer decided IIC\'Cflll years ago that
Englewood needed to reffl'e or aare a ain.-lipling Cllalal. She said that he llCI it up, ad\'cn.ised
it, IOI tbe pmcs cloaatal wl IOI it judpd. TIie ~ is -in its sixth year and the Sln:,cU of
Englewood. slle llaled, are a ddigbl • Cbrila.-ud this program bas spurred many, many a bomcowner
to go tbal exua llep. Ms. Marker advilcd tbal AUlliD Gomcs took oa tbe fowtb ol July cddxation, as
COIis and compdition bad forced tbe City IO forqo this lldebralioa for many years . She said that Mr.
Gomes made all tbe raa o{ us wlllllleer aloag with bis Clllire family . He ended up putting on a 1994
fourth o{ July a:lclnlioa, wbicb -named oac o{ tbe tbrcc ~ in tbe IIIClRl area by tbe PRU, on a
sboellring .,...__ She advised Mr. Gomes ud Mr. Neyer -bodl ~ in forming
Englewood's -Culllnl Arts Ommillioa wl bodl have been 11roag supponcn ol tbe Englewood
1W11111Cr thealer program wbicb IJdls out -=ry year. Addi•icwaUy , sllc aa!ed, Mr. Gomcs bas nx:ca!ly
lakca oa tbe Englewood l'm'adc ad Mr. Neyer Im lldpal a -youth foolball lcague form . Sbe poin!cd
out tbal Mr. Gomcs -.-S E...-'s Citizm o{ tbe Year for 1996 for llis Mll1t widl tbe
Commillion wl 11111 dicy badi lldp out aad do YOhmcer Mll1t for muy, muy other IIC!ivilic5 in tbe
COIIIIIIIIIU!y . SIie «.iaed dial ii is cay to lole your idelltily wbcn you are living in tbe slladcM-ol Deaver,
bu! in Englewood we all ~ dial we liYC in a bome!owa. She renwtcd tbal tbe efforts made by thelc:
two IDCD SW--wl dial ddMI" dial fcdillg for !bousands o{ Englewood residcD!s wbo sit on tbe curb
o{ Broadway and dleer die local ICllools in die NoYemba-parade, who watch !heir lads OIi tbe llaF o{ tbe
Englewood Hip Scllool wl MIO cb'C Ille llffdS ol Englewood at Cbrilllllal WODdcriDg which ol their
neighbors -11111 priz.e lllis year. SIie llalCld 11111 Mr. Gomes and Mr. Neyer have made a very real ,
las!ing aJD!ribuuoa to Ille ci!ma o{ Eaglcwood lluougb !heir Mll1t on tbe Englewood Parts and
Rcaalioa C-millioa wl dial dicy aR lnaly dclelviDg o{ tbe CPRA cilalioa award. She said ii is a
plcaalre to pc !Ilea die award .... allO to II)' ....... to Jcndl Bladt tbe Dinlc:tor o{ Parts and
Rcaalioa and Carolyn Anallraai. MIO -Ille __.. ud is a very wluod ~ ia our IOcic!y as
well as in tbe --•ity. SIie offered lier CICJDll'llllla! to Mr. 0.-wl Mr. Neyer .
Mr. Gomes lbaakod CPRA for this boaor wl Carolyn ~ for llicking lier IICICl out w1
IIOIDilllliag tbem. He said be ~ allO lillc to ...... Jcndl Bladt for llis leadcnllip in die Parts
Dq,arlmcD!. He COll!mcn!ed tbal be CUDO! IMC CRldil -. for -=rytbiag tbal -said bcca1K wilhoul
bis wife Sbeila bdlilld bim, IO pc bim Ille moral IUppOlt, be could DOI do il. He IIIICd dial she is 011C
beck o{. nice lady.
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Octaber 7, ·"' PqieS
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COUDCil Member Hathaway requc&ICd that Council look at what they have hiSlorically funded the
Qimmission at. She pointed out that Council did, at one point in time. fund a full-time position, which is
now a put-time position. Perhaps, she said. they might want to look at CXllltinuing that funding in the
Clean, Green and Proud Qimmission sysaem . Nol necessarily for a position. but for the programs, which
she poinled out is what KAB (Kc,ep America Beauliful) is designed for anyway . She commenled that she
applauds the efforts of the cuncnt Clean, Green and Proud C-ommission Chairman and the Commission in
the fm tbal they arc doing the other things that KAB n,quila. tbal dley 11y to enlist as many
neigllbortlood ballir as they cu and things like dial. She llalOd that it is 11111 easy getting a buck out
of-oftbele peop1e. t11a1 it is \'el)' diffiaalt. like pullillg ledb. 1n fact.* said. she thinks that the job
sbe and Susan Van Dyke bad iDitially w \'el)' easy, bccallC they MR appn,acbod by Wasac Ma.,......... of Colonldo alkillg wllal they could do for us . Ms. Hadunway saicl they told them that there
w the llllltCI" of the Sl,000.00 iDitialion fee and Walle M•na(lll'ffl"IIC wrolC the cbcck. She DOied it has
been difficult for die Oe . ssioo since that point. She reitcnled that she applauds the Qimmission 's
dl'ons and '1aled that COUDCil sllould look al the bistorical funding to ICC if they can CXllltinue the funding
al least to that kvd. which she felt was only appropriale and would DOI leave the C-ommission out on a
limb.
(c) Briu Buzby, Policy Director for Cili7.ms to Save c.olorado 's Public Trust Lands, said
be wanted to give a \'el)' qllidt bactgnJuDd on Amcndmm« 16 wllich is on the llale-wide ballol this year
and deals with die Slale's Trust Lands. Tllis is an iauc that they 1111 IWUld on about a year ago. be
advilcd, and this W 011C G die lap Im fflCOIN!N'INll<ions that came OUI of Governor Romcr 's Sman
Gruwtll PIOcess. He saicl that was 011C mthe tlliap that ~ them the IDOll was that this was
cili7.ms acrDIS the Slale Cllllling OUI and OIIC of the bigcsa coaccms that they were seeing. as far as the
growth in c.olorado, -the klll r1-m their open lipMlC an:as that they valued. for the quality m life
and for raising their childRD . Mr. Buzby saicl they have worked and built a coalition m education groups.
a lol m local officials, environmcntal group1 and ballinea leaders across the SWc to pu1 this iauc in front
mvoters. He IUled this land was givca to us in 1176 when wc became a SWc and our Comlitutioo says
wc IICICld ID use this land to maximiz.e rncaue. At tbal point this land was used as the main souroc of
.-for our public ICllool sy11m1. wllicll w jlllt getting IWUld. He said that we have now been
ICCillg a lolmtllis lwl beiag ud forde\clapmc11 purpollS, whereas in the pat the land was hiSlorically
UICIII for agrialllwal ad puillg lcws. Additioaally, a lol of cities and municipllitics as well would
lealC tllis lad ID w for liikilt8 or bilwig trails wl cili7.ms were becoming COllllrmed abOUI proposed
alclmdac lladl. 11111.-w •••• IIYI tbal you nccdcd to lll9Ximi1JC -tbey WCRD 't
1111c ID lla\le dleir wiae llead • dais iauc. It 1111 been an iauc that a lol of cducalors lla\le been
ooaccned ._•.a . .-a lol ma-. land 1Will be pu1 up for~ wlleR die ac111a1 fistal
iapac:t ca die ICllooll, dtle ID auwdilll ha tllis del. rlo:p C t, .-Id CX(iec,d die -aaiag imo the
ICllools . So, lie aaled, dlis w-ofdle opponuilics wlleR all dlclc 111111p1 .. toerSller and pu1 this
iauc in ftoat fl~ dlis ,-,. \Vllcre dley wauld aJ111iac to UIC land to .... ._ for the
scbools, but it would allD add adlcr iaucs to tallc lllblnl values. open lipMlC ud wildlife concerns into
considc:ration • well • die filcal m.-:t that any del.eloF t may lla\le oa a local public ICllool , to
make sure dial ICllools -lllle ID pnMlk die bell cdllcaliaa paailllc for dleir cllildren. Mr. Buzby said
dial that is a \'el)' quiet IIICtgroud wl lie wauld be glad to -any qllCUIIII. He said a lllllplc
ICIIOlulion may lla\le beat iachlded ill c-:il's padlcl widl infonulbOII oa this isalc. He alked for
Couacil'1Clldol"1 C C GIiiis illitialiw. He DilDd dial tlley-talkiJII IOa variety of city council 's this
efflliag acrDIS die Daivs IICltnl-, llecw dley -leaden ill dlcir CD 'ties Tllal it is \'el)'
important wl tllere is a lol ID lllillk .,.. tliis declioa )GI', tllere -a lol m ~ and this is one way
folks ca look 111P wl ICC MIIII you dlilk oa this isalc. He aid he -.Id appm:iate Council 's
cndonrmenl « this iauc.
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Ea&iewood City Coaacil
Odaber 7, 1996
Pqe6
(a) A proclamation dcclariag the week orOclobcr 6 through 12 , 1996 as Fire Prevention
Weck -Cllllllidered.
COUNCIL MEMSER BA111AWA Y MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK OF OC1'0•ER 6 THROUGH 12, 1996 AS mtE PREVENTION WEEK IN THE CITY OF
ENGLEWOOD.
Motion carried.
(b)
considcrcd.
A:,a:
Nays:
Mlleal :
Council Members Hathaway, Vorminag, Wiggins. Habenicht,
Wagoia,Clapp
None
MayorBuras
A pmdamarioo declaring the 11111111h orOclobcr 1996 as Crime Prevention Month was
COUNCIL MEMSER BA111AWA Y MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
MONTH OF OC1'0•ER 1996 AS CRIME PREVENTION MONTH IN THE CITY OF
ENGLEWOOD.
A:,a:
Nays:
Ablent:
Motion carried.
Council Members Hadlaway, Vormillag. Wiggins, Habenicht,
Wagoia,Clapp
None
MayorBums
Mayor Pro Tean HabeDicbl pRIICllled the pnx:lamarioo to Crime PreYentioo Officer Nancy Pderson .
(c)
Molllll.
A pmdamarioo declaring the moadl orOctabcr 1996 as Brast Cancer Awarcnc:ss
COUNCIL IIIDOD BA111AWA Y MOVED, AN9 rr WAS S&CONDIED, TO PllOCIAIM THE
MONTII OF OCTONa 1"6 AS UEAST CANCa AWAUNESS MONTH.
A:,a: ~ Mr:allas ltalllany. Vmmillag. Wiggins. Habcaichl, w...-,. Clapp
Nays : None
Mlleal: Mayor e.r.
c.ou.:il Maaber ltalllaMy ....... dial c-:il 11:ad the pnx:laeMioo IO Dr. William E. Jobe with
Radiology lmagillg wllo is 1-.1 ill die City or Eaglewood ill the Fim lntermle Bank building. She
m1e11 t1ia1 lie is -or the beaOII expens ill die lllllioa on 111a11 caacer alld bis wife jusl reccnlly passed
nay rn. lllall caacer. Dr. Jobe. Ille alMICld. llas ellablished a beedaeion in his wife 's name. As it is
M Englewood baed busi-. Ille fdt it _.... be appn,priae IO 11:ad lllc pruclamaaioo to 11111 location.
(d) A pmcfaeefioa claclarilla die day or<>aaller 9. 1996 as Naberal Dimtcr Awareness
Day.
COUNCIL IIUDU BA111AWA Y MOVED, AND IT WAS S&CONDltD, TO PROCLAIM THE
DAY OF OCTORa t, 1"6 AS NA11JIIAL DISAS'na AWAUNESS DAY.
A:,a: CGuacil Mr:allas Hadlnay, Voniiaag. Wiggins. Habcaichl,
w...-,.Clapp
Nays : None
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l:apwON City Caucil
Octaller 7, I "6
Pqe7
Ablcnt:
Mouoo curied.
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Mayor Bums
(c) A pmc:lamMion declaring the week of October 20 through 26, 1996 as National Business
Womco 's Week was coasidered.
COUNCIL MEIDER BA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM 1UE
WEEK. OF ocroaa JI THROUGH 26, 1"6 AS NATIONAL auslNESS WOMEN'S WEEK IN
THE CITY OF ENGUWOOD.
Ayes: Oluacil Members Halhaway, Vormittag. Wiggins. Hlbcnicht.
Wagoner, Clapp
Nays: None
Ablcnt: Mayor Bums
Motion curied.
Mayor Pro Tcm Habeaiclll pa--.1 the pnx:lamation to Shirley Richards, Prmdcnt and Holly Glciforst,
Second Vice Plaideal. oftbc ~ Business and Professional Women's Orpnizalion.
(f) COUNCO. MEIDER BATBAWA Y MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH llEGUT JORN nRNSTllUM, ID'S U:Tl'ER OF U:SIGNA TION FROM 1UE
CLEAN, GUEN AND PllOUD COMMISSION.
Ayes: Cancil Members Halhaway, Vormittag. Wiggins. Habenicht.
Wagoner, Clapp
Nays : None
Ablcnt: Mayor Bums
Molion carried.
(g) COUNCIL MEIDER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH DEEP UGUT DON FULLERTON'S LETI'ER OF RESIGNATION FROM
THE ENGLEWOOD WA'nll AND SEWER IIOAltD.
Motion c:arried.
Ayes: Oluacil Melllbers Hadunway. Vonaiaag. Wiggias. Habenicht.
w...-,,Clapp
Nays : None
Ablcnt: Mayor Bums
Couacil Mealllcr Hadunway ....... 11111 WC lelld ID ...,iicalion, in lipt of the fact 11111 Couacil needs
to do bolnl ud commiaion appoi_, ayway, to Mr. Gray Clark . SIie aid lhc armmcs Don
Fullcrtaa bas a ,_ for amac a bim. 11111 11111 lhc feds Couacil Delldl to interview him a well .
9 . ....lleariea
No pulllic lleariDg -ldlodulod befoR Council .
10. C....qmu
COUNCIL MEIDER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS II (a) (I) THROUGH (w) ON PIIIST HADING.
(a) AppnM 1111 Finl Readiag
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Eqtew• City C-'I
Odlllel' 7, '"' ....
(i) COUNCll. Blll. NO . 49 , INl1lODUCE> BY COUNCIL MEMBER
HA1HAWAY
A Blll. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. I , OF 11IE ENGLEWOOD
MUNICIPAL CODE 191S PERTAINING TO GENERAL LICENSE PROVISIONS AND RE-
ENACllNG A NEW atAP1El I.
(ii) COUNCll. Blll. NO. 50, IN11lODUCED BY COUNCll. MEMBER
HA1HAWAY
A BW.. FOR AN ORDINANCE REPEALING Tl11.E S, atAP1ElS 2A, AND 28, OF 11IE
ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO AMUSEMENTS. PUBLIC DANCES AS
WELL AS AMUSEMENT DEVICES AND RE-ENACTING A NEW atAP1El 2, AND WIDCH
REMOVES AMUSEMENTS FROM ORDINANCE NO . 2S, SERIES OF 1996 WHIOI PERTAINS TO
11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO .
(iii) COUNCll. Blll. NO. S l, IN11lODUCED BY COUNCIL MEMBER
HA1HAWAY
A BDJ. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. 4, OF 11IE ENGLEWOOD
MUNICIPAL CODE 1915 PERTAINING TO POOD VENDORS AND RE-ENACTING A NEW
<llAPTl!R 4, AND WHICH REMOVES POOi> VENDORS FROM ORDINANCE NO . 2S, SERIES OF
1996 WHICH PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD,
COLORADO.
(iv) COUNCll. Blll. NO . S2, IN11l0DUCED BY COUNCIL MEMBER
HA1HAWAY
A BW.. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. 12, SECTION 8, OF 111E
ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO ARBORIST AND ENACTING A NEW
<llAPTl!R 14, AND WHICH REMOVES ARBORIST FROM ORDINANCE NO. 2S, SERIES OF 1996
wtDOI PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD,
COLORADO.
(v) COUNCIL Blll. NO. SS, IN11lODUCED BY COUNCIL MEMBER
HA1HAWAY
A BW.. FOR AN ORDINANCE APPROVING AN INll:ROOVERNMEKrAL COJIITRACT BETWEEN
11fE STA'm OF COLORADO AND 11IE CITY OF ENOLEWOOD, COLORADO, RELATING TO
11fE LAW ENFORCEMEHT ASSISTANCE FUND (LEAF) PROGRAM .
Ayes :
Nays :
Allleat :
(b)
C.ouacil Members Hadlawly, Vormittag, Wigins, Habeaicbt, w...-,,Clapp
Nae
Ma,o,Bums
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Ea&tew ... City C111111eil
Oc:tD11er 7, 1996
Paget
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Thcrc were no ilemS submitted for approval on second reading .
11 . o....._,a,,,n tillllaMIModau
(a) Appnl\'C on First Reading
(i) Housing SpecialiSI Nestler pn:scnled a recommendation from the Englewood
Housing Authority IO adopt a bill for an ordinance approving the sale of six Project BUILD propenies. He
staled that this is a request IO sell properties they ~ acquiftld for the project BUILD program. Mr.
Nestler advised that they are dispencd IIOWld the City, they will be building new homes on these sites
and they will be sold at maJ\et value . He said that IIIOll of them are under construction at this time .
In response 10 Council Member Vormittag, Mr. Nestler advised that 4801 South Grant Street is Wider
contract.
The City Clerk was asked 10 read c.ouncil Bill No . U by title:
COUNCIL BILL NO. U . INTitODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING TIIE SALE OF SIX PROPERTIES . WHICH WERE
DEVELOPED FOR TIIE MBUILD" PROJECT, ON TIIE OPEN MARKET .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (l) • COUNCIL aD.L NO. 41.
Ayes : c.ounci1 Members Hathaway. Vormittag. Wiggins. Habenicht.
Wagoner, Clapp
Nays: Nolle
Abaeat : Mayor Bums
Motion carried.
(ii) Housing Finance Spocialilt Grirnrnca prar:nted a RICOIIUflClldll from the
Englewood Housing Authority IO adopt a resolutioll appn,viag an applicalion for Community
De\dopment Block Grant funding. She advised tllll tbcy are requemng the annual application 10 be
submitted 10 Arapahoe C4unty for the 1997 funding of die Community Dndopment Block Grant
Program in order IO further the City's rehab program, to continue our Broadway Coniclor Project
Devdopmeat, which is a housing rq,l1nl'IClll pragmn. and to fund the Housing Audlority's Family Self
Sufficieocy Program . So, she DOied, it is their annua1 request to be able to apply for the funding, that the
funding is allOmllically raerwd in die City's-. but we still ~ to apply, spelling out exactly how
the funds will be Uled .
The resolution was assigned a number and read by title:
RESOLU110N NO . 77, SERIES OF 1996
A RESOLUTION BY TIIE CITY OF ENGLEWOOD AU11fORJZING TIIE HOUSING AU11IORITY
OF TIIE CITY OF ENGLEWOOD, COLORADO TO FILE AN APPLICATION WITH ARAPAHOE
COUNTY FOR A 1997 COMMUNITY DEVELOPMEm BLOCK GRANT TO FUND TIIE HOUSING
REHABILITATION PROGRAM. TIIE BROADWAY CORRIDOR PROJECT AND ASSIST WITH TIIE
FUNDING FOR l1fE FAMILY SELF SUfflCIENCY PROGRAM .
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October 7, 19'6 •-.10
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COUNCU.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ii) -RESOLUTION NO. 77, SERIES OF 1996.
Ayes : Council Members Hathaway, Vonninag, Wiggins, Habenicht.
Waggoner, Clapp
Nays : None
Absent: Mayor Bums
Motion carried.
(iii) Director Eslerly presented a recommendation from the Depanmenl of Public
Worts 10 award, by motion, a contract for Santa Fe landscaping. He advised lhat Slaff recommends
awarding a construction contract and the amount shown on the Agenda needs to be revised to
$458,125.70. Mr. Estaty staled tbal they recommend the contract be awarded to Landlcch Landscaping,
Inc. for the c::onstructioa of Soulh Santa Fe Landsl:aping Phase I . He noted Council previously approved
funding for Santa Fe lanchcaping, tbal the total design was compldcd in Sepcember of this year and it is
estimated to allil a total of S2.2 million. The Tri-Cities group has prioritiud landscape impnwemeots to
med available funding and, a1thougb we are funding this project, this is in fact a Tri-Cities project we are
carrying out. He staled tbal four bids wen: received on Sq,tember 25"' of this year lhal are detailed on the
attached bid tabulation. Biel documents that -prepared allowed for delc:tion of wort if the bid
exceeded project funding. be advi&ed . The low total bid that they received was over $780,000.00. They
reduced the IICIOpC of the project and recommend deleting consuuction of the relaining walls and
aaocilkJd earth wort al the Hampden illlelChange portion of the project . He stated this will reduce the
aJllb1ICt _. by $322,000.00, to the 10Cal award tllat they are l'CCOIIIIIIClldng . Adequate funds for this
project are available wilh the approwd buqet of the Sanla Fe landlclping that they ha\'C ICl aside for
City beautificalion. He said tbal for a lillle a10R clarific:aliaa, dlcir funller illlelltion with funding lhat
llas already been through lllllll of the review pnxlCli for die 1997 e.dtct . -.Id provide $200.000.00 for
addilioaal lanchcaping. So, be noted. they expa:l 111 -...... au-die ~ IICXl project be to
.--die raaining wall project al Hampclell . He aid lie ..... lie pad Ill -uy qllCllioni.
c-i1 Mcaber Vonniuag asked iftbis is pan ahlle 1500.000 00 .. -_. 6-CDOT.
DindDr Ellerly said thal Ibis $500,000.00 is die-* .. <DOT W ..._.. for I C 4 . 11 wen on
S... Fe . Mr. Vormiuag asked if that alto_..._ afk Lllllaal ..t .._ ._ Mr.~·
__. 11111 all of this wort is within the City off'.alll" ,.i all C a, asa... c:-, i..s He said dial -•dlis wen is in the City ofLittlctaa. 11111 ii .... al .. 0., c...k C..al *"-' Vmaiaag
..... iL ia dlal c:a1C. they will DOI gel uy flldlis-,. •._I C 4 I 0..-Ellerly said dial
lie will ID IIIIC* to the slalcment tllll Ibis is• w ily w-,. ...... • <DOT'1 ~ dial is
....... llcle. He CIOIIIIIIClllcd tlull he is -._ will lie.._,.... ..... -... of die Tri-
Clliel + t and funding for tllole plajlas will lie,;..,..._ Tie --. ,..;.:a 11111 CDOT 11as
m S... Fe ic.elf' is the hltcrdlaqc al S... Fe all ...... all az+ib I Ill 11117 . Aldiaap.
Dindar Ellerly IIOtad. they are Clltildy M7llill die cily .. fll die C., fll i...... lie ellpllCled tllat we
aay .._ _ i-.as in doing whatever is~ Ill aallc 11111 Ille.~. -all -..... to be.
c-il Mcaber Wagoaer commented tllat tllcle is a lat fll differmoe baMlal die eagi-'s estiw
ad die law bid. He allied if he just pdcid or if it is a bad tiae IO bid I d ;api-,. Dil'CICIOr Eaerly
...-dial tllcle is a lot of differalce ud tllat he -• M'C dley can uswer any al thoee questions. He
aid dial the CIIIDalhanc 's fall badL politiaa is dial dley ldiad aa COit estimaling numbers thal wm:
pnMdad • llalldanl COit CICimatiag aulllllen by die Dqm1mcnt olTIUlpOl1a7ion and they did not wort
in the CIIIC of Ibis law bidder. He said they can led IIIIC* ud forth • all the individual bid ilCIIIS too, bul
really their expei ience is lhat the individual bid items are DOI • accurate • the total bid estimate. And of
COW11C, he noted, they really missed the total bid estimaie. lhat ii is very far oft'.
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Ea&tewood City Couacil
OctolJer 7, 1996
Pa,:e ll
Council Member Waggoner asked ifwc should re-bid or what would Director Esterly's recommendation
be.
Director Esterly said no. that what he believes wc have here is that this is what the value of the wort is
and that wc do not have enough money pu1 aside to do everything that wc asked for. He noted that the
process that they went through was to actually have the consultant design the entire project, which at their
estimating standards that they have used is al S2 .2 million. which already tells us that that is more like a
$3 million project. He advised that, using those numbers for the individual components, wc pared down
the bid package based on those estimates to Uy and hit $500.000.00.
In response to Council Member Waggoner. Director Esterly confirmed that it is their recommendation
that wc award it with some significant deletions of ponions of the package that arc clearly definable and
perhaps least of the overall intcrCSl of the entire Tri-Cities group too.
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT WITH LANDTECH LANDSCAPING, INC. IN THE AMOUNT OF $4511, 125. 70
FOR SANTA n: LANDSCAPING.
Motion carried.
Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht,
Waggoner, Clapp
Nays: None
Absent: Mayor Bums
(iv) Manager Simpson presented a rcoommcndation from the Office of
Neighborhood and Business Dcvclopmcnt that Council set a public hearing on November 4lh to consider a
bill for an ordinance revising design guidelines for large retail businesses in Englewood. Mr. Simpson
said he is available for questions.
Mayor Pro Tcm Habenicht, after looking al the Agenda, oommcntcd that they arc rccommcnding, not just
the public hcaring, but 1h11 Council pass the council bill on first reading. Manager Simpson said they
would like Council to set the public hearing and approve the ordinance on November 4"'.
As there was some confusion, City Attorney Brotzman clarified that Council has been asked to pass this
council bill on first reading tonight, but they would then have a public hearing and. at the next meeting
immcdialcly following that, Council would have second reading.
Council Member Hathaway asked if. in csscncc. this oouncil bill rcf1ccts almost all of the provisions of
original Fon Collins ordinance that they all asked for infonnalion. Manager Simpson said that for a
significant part it docs. He advised that there have been small changes, that those arc primarily to rcOcct
more of the lllllW'C of our cxistellClc hcrc in Englewood. Prablbly the biggcs& change is that the square
foot.IF requircmcat, ofwllcn thcsc really apply , has been reduced . It is -11 20,000 square feet. It also
sugg,csas lhll this ordillWlC be considered • • guicldinc for redcffloplDcnl projcds. Whcrd,y, he said, if
you have • project liUCb • a Trolley Square or King Soopcrs that is enlarging. and this is also addressed in
the zoning ordinance. that if it adds on a oenain percentage that these might be considered to be a
rcdevclopmcnt project and would be considcrCld to be a guideline. That would be something that the
Planning Commission felt was imponant in that insaancc. Additionally, the Fon Collins ordinance for
example. bad where facades exa,cd 100 feel in length would be required to have some: articulalion occur,
this ordinance requires thal articulalion occur in 7S feel . One additional provision that kicks into place
here is thal the Fon Collins ordinance rcquiral that no more than SO% of the pllting be placed between
the llrCICt and the front facades of the building and this ontinance would permit no more than 70% and the
remaining 30% be on the sides or to the rear of the buildings .
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Easkwood City C111111Cil
October 7, 1996
Pa,:e 12
Council Member Hathaway asked if that was primarily based on the layout of the Cinderella City site,
Planning and Zoning's recommendations after looking at that. Manager Simpson said no. that is based
OD sugc,tions from the Planning and Zoning c.ommillion to be mmewbat IIIOR realistic: from
Englewood's penpcc:tM OD \Vbelc puking nay cxx:ur with these kinds of' projects. He stated he says it
from that mndpoint that thcR wen: some Planning Commissioners that were very intercsled in taking a
look at comumcr shopping paacms. He DOied -people said that they would not want to go to a place
\Vbelc thcR-a lot of parting OD the side or at the rear, they want to be able to part out front. So, he
advised, the sugestioa -made to place 70% and 30% to the sides and to the rear . He said it was a
compromise polition to acc:omplish that. It docs also permit the Cinderella City site plan, as it is currently
being clisc:usscxl, to be able to move forward .
The City Clerk was asked to read Council BiU No . S3 by title:
COUNCIL BILL NO . S3, INTRODUCED BY COUNCIL MEMBER HA 1lfA WAY
A BILL FOR AN ORDINANCE AMENDING Tl11.E 16, CHAPTER S, BY CREA TING A NEW
SECTION 2S, AND AMENDING Tl11.E 16, CHAPTER 8, SECTION I . OF 11fE ENGLEWOOD
MUNICIPAL CODE 1915 ENTl11.ED DESIGN STANDARDS AND GUIDELINES FOR LARGE
RETAIL ESTABLISHMENTS.
COUNCO. MEDER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (iY) -COUNCO. 81LL NO. 53.
Motion c:uriod.
Ayes: Council Members Hathaway, Vormillag. Wiggins. Habenic:ht,
Wagoner, Clapp
Nays : None
Allaeal : Mayor Bums
COUNCO. MEM8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PU8UC
IIEAIUNG ON COUNCO. 81LL NO. 5.J l'OR NOVEM8ER 4, 1"6 AT THE REGULAR
COUNCO. MEE11NG AT 7:JI P.M.
Ayes : Council Members Hathaway, Vormillag. Wiggins. Habcaidlt.
Wagoner, Clapp
Nays : None
Allaeal : Mayor Bums
Motion c:arricd.
(v) Manager Simpson pRSClllCd a l'CCOIIIIIIClld from the Office of
Neigbborbood ud Busiw De\ elop-nl to adopt a bill for an onlinw:e revising child care zoaing
issues. He Maled thal llaff' m:ommcnds that Council applO\'C OD fim reading this council bill wllic:h
pnlllC*l aD ama..tmmc to the Comprehensive Zoning Onliaw:ie • it pertains to daycan: in n:sidential
zone dillricls and to IChedulc a lOCOlld ud fiaal reading to appnwe this amendamll OD November ,•.
Council Member Hadlaway med if it -'t uue thal they wa111 a public: hearing on this ~ as well .
Manager SimpDI said that yes it would be a public: hearing OD Ncwcmbcr ,•. as he undenlaads it. Ms.
Halha,oway pointed out that Council docs not do IOCOlld readings OIi the ame night as public: a-rings, that
they Clllblishod a policy of doing it at the following mceliag. Mr. SimpDI aJIIUIIClllCd that that is why
be needs bis very bdpftd llaff'bere to mill him to Fl him duougb tbcle thinp.
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Eastewaed City CoallCil
October 7, 1996
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Mayor Pro Tcm said then Council will vote on this issue on first reading tonight, requesting that there be
a motion to hold the public hearing on the 4• of November and then tbcR would be a second reading
following another meeting. City Auomcy Brotzman clarified that following the November 4'" meeting
would be second reading on Nowmbcr 1glh_
Council Member Hathaway ack-iedFd thal tbcrc 1IWffl: some people in the audience tonight that she
MS sure would be coming down for the public hearing. She lllid her only oonccm she bas about this is
tbat ya she undcntands thal 2lOlling is by lllbln: dilCrimiulOly, howeYer she wondered if we UC not
IIOIIICWhal setting up a claa situtllion wllcR people tbat bappcll to own a child care rcsidcncc in R-1-A arc
paying a S7S .OO fee, wbcn:as -in R-2-A or R-3-A uc not required to do that because they uc not
alllSiclcral a CIOllditionaJ IIIC. She llated sbc would lillc to CIICIOUngC staff, before the public hearing, to
work with the people thal uc in the audicacc this Cfflling, because they uc the cxpcl1S in the child care
busiDCII as far as she is coocemod and mmc olthem uc in R·l·A. Council Member Wiggins said that is
as far as she is COllllCl'DCd. She lllid she would just like to suggest that staff look at some of those concerns
before the public bearing if they can.
Mayor Pro Tcm Habenicht asked that Manager Simpson explain how the Conditional Use would wort on
this. Mr. Simpma Slated that Conditional Use. as with any Conditional Uac within the l.oning Ordinance,
requira an application to come fonvard, a polling of the requca and notification to adjacent property
owners. He lllid that at that time a public hearing is set with the Planning Commission to hold a
Conditional Use bearing and they have an opponunity to amc before the City Planning and Zoning
a,mmission to request the Conditional Use to be bcanl. He explained that tbcrc will be criteria within
the .loning Ordinance as it pertains to Conditional Uses. it will ~ to be considcrcd, it will be an
opportunity for raidcnts in a particular neighborhood to lland and either ICStify for or against a particular
Conditional Use. The Planning Commission then bas the ability to make the final decision on that .
Mayor Pro Tcm Habcnicbl lllid that if this is passed on first and ICCOlld reading as it is pRICIIICd here,
anybody wllo lllppem to Uft CJIIC • this particular time would ~ to apply for a Clllllditional USC to be
pcrmicted. Ma-,er Smploa lllid thal thal is com,ct.
The City Cleft-asked IO sad Couacil Bill No . S4 by title :
COUNCIL Blll. NO. S4, ll'mlOOUCED BY COUNCIL MEMBER VORMrITAG
A Blll. FOR AN ORDINANCE AMENDING TITLE 16, CHAP'mR.S 4 AND 8, OF 1llE
ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO 1llE REGULATION OF HOME DAY
CARE FACllJTIES IN 1llE R·l·A 1.0NE DISTRICT .
COUNCIL MEM8ER VORMITTAG MOVED, AND rr WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Y) • COUNCIL alLL NO. 5'.
COUNCIL IUMKll WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND
COUNCIL IIIU. NO. 5', av DELETING SECTION lM-2 AS rr Ht.Ans TO R-1-A, SINGLE
PAMILY RESIDENCE DIS11UCT.
Mayor Pro Tcm Hllbellicbl asked Couacil Member Wagoner to explain what that docs. Mr. Waggoner
llated that it CSIClllially keeps the R-1-A Z.onc DiSlrict the same as it is now, free from any child care
facility .
Mayor Pro Tcm Hllbellicbl Slated thal she would like to apcak to the amendment. She stalCld thal she will
be VOUD1 api• the amcadment. Sbc lllid she believes thal there -a n:a1 CODCCl1Cd dl'ort. tbat she
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I Ii I .,~ I '1 IJflJfjflli JJJli 111,Jlifllllil !If I~ I I ~ 1: ,J 11 I I I ti 11 '· E i. -.~ I ~11, ,' t I :: ~ .. t t ... t .1111.I fa.I· -~~ .. -
.. ...., ,.,. I !"!' I ..• ill'~'iJ ·11•1 J.PffPUi~. I i ~ !, ~1 '1rl l !r l•'•,~!1·r•r·
fii~g fiil fii '111'lt!l1;11 11~· 1tfJllJ 1l1l•i r111J r11• 'II f rlrl{lJt 1li!I 1:~,!1•,1111}1
,,11 11' 11 !li1Il1lt11w "lfii 1'!i,1
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c~t le ctE ll·Jilf 7 ll · JJirJ J' f l"ffi'Jf J·!J J J· 1-1: lif.li' : .J-f ::i1J 'rf•:tl .. 1 ~ 1' •t11s I jl·1.1 111• .. !lr'I I! I f f IIJ lrJlf !• .1 a. 1H rltrt laf ~a I ]f~.if :l~fl ! 1(ttr;1a.1 ·
IE ! i i ·11 rt I gt f I! r 1.1, . ti Ir I~~ s; ',' ( 1.
I .. Jf1 R»a. i 1 t • .•1"1ft.J f · •(sJt .;t lstl 1!JH~ Ja Ir i f. it t' 1 ' -9"1 1 ~ ~l I
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Ea&lewoed City c..dl
Octellcr 7, 1"6
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(vi) Direclor Olyglewicz and Cily Clerk Ellis presented a nx:ommeodalioo from the
Cily Clerk's Office to adopt a raolulioo teaing a dale for the recall election. Mr. Giyglewicz dd"mcd to
Cily Clerk Ellis to addn:a die ....-raollllioa. Ms. Ellis advilDCl Council thal • the recall pelilions
~ been dDemed lldlicielll Couacil is beillg IIIUd to Id a dale for the recall dcc:tioo. Per Cbaner, she
explained, the eleclioa aua be Id aaywlicR bdwcen December 21• and Fdlruary 3n1 _ After looking at the
caleadar, taking into aimida'alioa llolidays wt various lhinp, J-,y 14, 1997 is the dale the City
Ciak 's office iuec cwm Miag II CGacil's dill:relion . She advilDCl lllat die Election Commission bas
ddaminal thll the mail llallol eleclioa ~ is in the best illlaat of our citiz.ens, and they have held
thll belief tor quite a wllile --Ms. Ellis IIIICd they arc llking thll a mail ballot dcc:tioo be Id in www._ Mtb die Colorado Municipal Elec:tioe Code and just tac w part of the Uniform Election
Code, Seclion 7 .5 for Mail Ballot Elections to f'acilitatc this~-lfCouncil approves that, she
noted, Paragon SysCeml will facilitate the~-Sbe advised that Paragon med to be Hocckle 's and
thal they ~ the abilily IO do this.
Council Member Clapp said she understood that this election cannot be held at the llllllC time as the
munici ... election . Sbe asbd if that is correct. Ci1y Clerk Ellis explained that the Novembers• election
is not a munici ... election, but tbal it is a general stale election and per the Charter the election cannot be
held Mtb that dcc:tioo .
The raollllioa -aaiped a number and read by title:
RESOUmON NO. 71, SERIES OF 1996
A RESOUmON SETI1NG A RECALL ELECTION BY MAIL BALLOT Wl11ilN 11fE CITY OF
ENGLEWOOD, COLORADO.
COUNCO. MEIRU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA rnM II (a) (ft) -lll!.SOLU110N NO. 71, SERIES OF 1"6.
Ayes : Council Members Vormiaag, Wiggins, Habenicht, Waggoner, Clapp
Nays : NOiie
Allllaia: Coacil Mealier Hadlaway
Mllem: Mayor ...
(b) Appruwe OIi Secoad Radiag
There -DO items Ulllliacd tor approval OD IIICIOlld reading
12 . Gwral Diec I
(a) Ma,or's Clloicle
Mayor Pro Tea Halaic:lll did m 1111M uy ..acn to briag bdiR Council .
(b) c.c-:il Meaben Clloice
(i)
I . He asbd Cily Maaqer Clart wbeR we arc II OIi aanic:ipll mlid WIIIIC . He said be is aware thll
llaft" 11M been aearclliD1 this itale. City Altoney Bnllzaan respoadod. advising that llaft" is lliU
working on this itme, and thal should be going bact IO Clean. Grmi and Proud. He llaled it is jllll a
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ll\ill ~ I S8i I ~ Iii~ 11111~ ffJffl~ Jifl ~,1
i,[JI! 9 1 1;~ ! s f tr .. f ,Ur ~1n1' ~, U . i! !~~1,ra l ff •ill la ( 1111 JIJ,I g 11,~11! lfil [
'Jl1i1f t ·· 111 t'f ,.r 1!~! 11!flir i ll1f~il I,!
r -1 !II IP i IJ a. I ll i I f i. if B i· m ~ r jl !11 1 ,i•i I tr 1
1 1r1
--~ 1 • '• -~ r1·l1 ~ I J•t _
!iiijll 'Jl!i 11 !11'i lli1it f 1(1111 i!l! ,1 1 ~~,i JI, r . 1 r , , 1 t 1 ,1• 1111 iii!
IJ·'fl! I 11 fl 1J1J l1tlJ l 1111 !;(1 fJJJ :t ~ B Ji 1~1,1• IJfi! ,,,?1~ '111 . rt I f I· a i' l . f i . i i r ~ I I c:; ~ l
if ·, ·fy ti 1· 1~ I ~;;,r l!I IL r-1 · lfi•~!i I 1~! ;1 11ft i!!J: !11111 ir! r ~,,~, s I lii 1i(r 11 i,1 i!t
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Oa.a, 7, '"' ••ee 11
individuals ue City Mau,er C1art, City Altorney Brotzman. EMS Coordinator Ulrich and Chief Building Official Stia .
Couaci.l Member HalJin.ay aod if lhc Mayor wu menlioaed in lhc original complainL She said she
thought be Ml. City AllorDey Bn11mian said that it WU in lhc ~ immunity action . He said if be is be would IIIOYe tliat be be defeadcd also.
COUNCO. JIUMaq IIATIIAWAY MOVED, AND IT WAS SECONDED, TO ALLOW 1'111:
CITY TO DERND AGAINST TIO CLA1Ms ftu:D av 1'111: HORTONS IN 1'111: RDERAL
AND STATE COIJlt'l'S, INCUJDING 'l'IIE DERNSE AND 'l'IIE BOLDING HARMLESS OF
THE CITY EMPLona LISTED IN 1'IDDl oma.u. AND INDIVIDUAL CAPACfl1ES.
Motion curied.
Aya; Couaci.l Members Hathaway, Vonnit1ag, Wiggins, Habenicht, Waaoacr.Clapp Nays : None
Allaeat : Mayor Bums
15. ~
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
OCTOBER 7, 1996
7:30P.M.
1. Calltoorder. f/;30~
2. Invocation. /,1)~ .
3. Pledge of Allegiance. ~
4. RollCall. /,~) /~SILJ:JJf.)
5. Minutes.
a. Minutes from the Regul• City Council Meeting of September 16, 1996 and the ~/,-{)-/ ~"~ml~~~ (Jff'f,-0-1 ~ ~~{ . )
6. Scheduled Vi ors. (PINN your . to.., fMIUIN.)
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Effa Mae Mak•, Executive Dnc:tor of C........ Knolla Parb and Recreation
District, • hale auttle*s ..._,11i1n Ill 11i1Sn af ,_ ... P la•
........ lleblel wil be ...... to award Austin Golw and Stew Neyer,
Chair and Vice Chair of Englewood's Parb and llacrNlion Commiuion, •
citation from the Colorado Parb and llecrNliol. Aseaciation for their
outstanding contributions to the •li'ichinent of the communily's rac:rutional
quality of life.
-~ the Englewood Clean, GNen, and Proud Cammisslan will
present an OVW'View of the Conr-"11fm's acc:ompli.timellta and request
financial consideration for future •udeaYors. •! I
•ian Buzby, Policy Director for Citizens to Save Colorado's Public Trust Lands,
will be present to eddresa Council ,....-. the Public Trust Lands Campaign.
7. Non-Scheduled Visitors. (PINN limit your prnentation to five minutes.I
a. ~l(i'/ 8/:,e.JJA~O I Ml!MUI!_ Ml,'/NIIP£A?... ~J/6/lt!"11l)IJA,L CJ/tl.(U/
.-: If,-._.. C tn,_. ... ...., .............. ..., .. Cllrefl tf 1fOlll-al ........ .._.., ................... ,...
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Cityc-ilAlellda
0ctmer 7, 1"6 ,.2
8. Communications, Proclamations, and Appointments.
a. t1/#~~-J
~~-!)-! b.
Proclam~~e;~;~~A the wHk of October 6-12, 1996 as Fire Prevention
Week.,,~~
Proclam~ ~~~~-the month of October, 1996 as Crime Prewantion
Month.,. ~"1/
Proclamation declaris.:month of ober, 1996 as lrNat Cancer
Aw-Month.
Proclamation declaring October 9, 996 as Natural Diuatar Aw••-Day.~
Proclamation declaring the J',~ '!!_ October 20 through 26, 1996 as Nadanal
......_.Womm'aWeek. ~'
Letter from John Fernstrum, Ill indicati
Clean, GrHn, and Proud Commission.
Letter from Don Ful
and Sewer Board.
9. Public Hearing. (None scheduled)
ff
10. Consent Agenda.
om the Englewood Water
/JbnJ ~-~-/ a;.J,,b~~°:"A!tst,,'19!/1'7~~ //)~ tl/.11) -rr . ~-r-ai:~"'~~~of~Senriceatoadopta
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/I It. LJ. , /1.J bill for an ordinance amending the Nction of the Englew,ood Municipal
L [,)tr .,, Code pertaining to Gerwal Uc:enaing provisions, and ranoving this
section from the licensing moratorium. ITAFF IOUIICE: ....
Gl,glewla, ..... of,._ .........
ii. Recommendation from the Department of Financial Services to adopt a
bill for an ordinance ame11di11g the Nction of the Englewood Municipal
Code pertaining to Amusement licensing, and ranoving this Nction from
the licensing moratorium. ITAFF IOUIICE: .... GI "'9wla, Dnctor of .............
iii. Recommendation from the Department of Financial Services to adopt a
bill for an ordinance amending the Nction of the Englewood Municipal
Code pertaining to Food Dealer licensing, and removing this section from
the lic:enaing moratorium. ITAFF IOUIICE: Frft Gl"'9wla, Dhclor of
Flnmlalal ......
..... .... ff,-._. • ._..,_. ... ....., ............. ....., .. Cllyell W, 1a•(1U..MN>11 ............ .._. ....................... ....
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City Council Aletm
Octaber 7, 1"6 .,.3
iv.
v.
Recommendation from the Department of Financial Services to adopt •
bill for en ordinance emending the section of the Englewood Municipal
Code pertaining to Arborist licensing, end removing this section from the
licensing moratorium. STAFF SOURCE: Frri Gtyglewicz, Director of
Financial ServlcN.
Recommendation from the Department of Safety Services to adopt • bill
for en ordinance approving • contract with the Colorado Department of
Transportation for Lew Enforcement Assistance Fund CLEAFI grant
funding. STAFF SOURCE: lclb ...... lafaty lervicN Dlvlalarl Chief.
b. Approve on Second Reeding.
IY
11 . Ordinances. Resolutions, and Motions.
a. Approve on First Reading.
Recommendation from the Englewood Housing Authority to adopt a bill
for en ordinance approving the sale of six Project BUILD propert~·
STAFF SOURCE: ...... 11111"'1111. ••• 111N INIWD al BIA. ~~y NE€;r/..l/L
ii. Recommendation from the Englewood Housing Authority to adopt • () · J-/Jr; resolution approving application for Community Dev9lapmet,t Block Grant
KJ,Je /JAal /. . I !J'ndi!'Q. ITAFF IOUIICU:,... ............. Id.US .......... .
_TT~ ll'-z?~ GtltNMtt, ....... FlnMoe lp1 IE 1. ~
t)I n, ~·, _ iii. Recommendation from the Department of Public Works award, by motion,
1 /ltfffM'lf. -• contract for Senta Fe land9caping. Staff f9CClll'lfflellda awarding the bid IJntJi ft-O -/ to the low bidder, Lendtech Land8caplng, Inc., in the amount of
v'f't 14!Llll.9i' ITAFF IOUIICE: a.a......,, ...... ef Plllllc Wotb~~.11u,
f~f';IJl.5. -, ---"'t)
iv. Recommendation from the Office of Neighborhood and ....,...
(! 81J.6'!> -f1BJJ ~ -()-/Development to adopt • bill for en ordinence ,.,,... deeign guidelines for
,, large retail businNses in Englewood. ITAIF IOUIICE: .... -. , 1111,
t;-~.,; ~':':::~~~~¥~&,;._ .. a~J
0 ~ v:-~~~theOfficeof~and....,...
{!,,,:,,,-~ t/-~ -/ Development to adopt• bill for en ordinence revieing child care zoning
(N ys :w~e,~ ,IU~)ssues. ITAFFIOUIICE;~•eaaas&*tl II. l -U~
fJf141J,""dtuc.) ~~t~~t/Va?~t#srJ) ?'
l)f setting • date for • recall election. ITAFF IOUIICII: Ftau* ~ . ~-s.: r-, DINctar,,, ,.. ............. Lou ......... Clly Clelll •
~-,;: N*''1l'liilt'/)
b. Approff Second Reading.
diJurJ.J~-1/-/ ~-~e. 7Aiii:itWMS w. 1!I"" -/-..... .... N,_._. • ...__, .... ...., .... ..._, ............... .._.., ........................ ,...
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City CGundl Aallllla
Octaber 7, 1"6
hle4
12. General Discuuion.
a. Mayor's Choice.
. .
b. Council Members' Choice.
13. City Manags's Report.
• •
tUJnJ /. ; • Recommendation to go into Executive s..ion ifNMdiat9ly ~ y.. .
7 r' f/1-()-· regular City Council meeting to diSCUS,pending real estate matt ... {)~
,t'{titft O
14. City Attorney's Report.
a. Motion to defend against the claims filed by the Hortons in the Federal and
IJrJLJJ /_..JI / State ~.t_includlng the defenN and the holding lwmlNs of the City
7 ,rv 1rv-employees Vl+IM"~~a: and individual~-~
~j~
The following minutN were tranernitted to City Council between 09/13/98 • 10/03/98;
• Englewood Housing Authority ......... of July 31, and August 28, 1198
• Englewood Public library Board meeting of August 13, 1 IH
• Englewood Liquor Licensing Authority fflNting of September 4, 1198
1 ........... ,.. ..... ......, ...... ...., ..... ........................... _ ......
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
OCTOBER 7, 1998
7:30P.M.
1. Call to order. fJ 3 Of'k/
2. Invocation. IA/~ .
3. Pledge of Allegiance. ~
4. Roll Call. /, ~} / IJJou,J-{&tLJJ&)
5. Minutes.
a. Minutes from the Regular City Council Meeting of September 18, 1998 and the
/,-O-/ §·a1c~m1M·l'!Qof ~23~~~
r,-0-1 ~ Os~ { · J
8. Scheduled Vi ors. (Please I your ation to ten minutes.)
a.
b.
c.
Effa MN Marker, Executive Director of Columbine Knolls Parka and Recreation
District, •1111 Back a..i.1111 AeetNliec. 8(111111111 ef Faalt:ille llal a •
ftec1cclioc: Bisliiet will be preacnt to award Au9tln Goma and Steve Neyer,
Chair and Vice Chair of Englewood's Parka and Rccrution Commiaion, a
citation from the Colorado Parka and RacrNlion Aaociallon for their
outstanding contributions to the enrichmant of the community's rccrNtional
quality of life.
IJW,~ of the Englewood Clean, Green, and Proud Commiaion will
present an overview of the Corm:tuion's acc:ompli..t.n:Mts and r9QU8St
financial consideration for future .-.vars. ·! •
Brian Buzby. Policy Director for Citizens to Save Colorado's Public Trust Lands,
will be present to addren Council regarding the Public Truat Landa Campaign.
7 . Non-Scheduled Visitors. (Please limit your presentation to five minutN.)
tt. ~l~i'Y U,e.JIAR.O I M~,u._ Ml,Y1'./Jlll£K-~N6/tt!6,l,/1()~ CJI/J,U/1
.._ .... If,.. ...... ....., wl ..... ...., ............ ..., .. Cllr.,, .. ••O'DMII»• ............ ..__., ...................... ,...
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' Oty Cauncil ..
Odaber 7, 1996
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8. Communications, Proclamations, and Appointments.
4/#~-()-1 a .
a;µ. y-()-1 b.
Of;i//-~-1 c.
a;;, ~~-/d.
I.I#~-()-/ e .
ProclamAt'~8!~!~ the week of October 8-12, 1996 as Fire PNverdion
WNk.,,~'11
Proclam&~~~~ the month of October, 1998 a Crtme Prwandan
Month.,. ~«r/
Proclamation decl~the month of , 1998 a._. Cancer
Aw••wwwMonlh.
Proclamation declaring October 9, 998 a.....,......._ Am ... Day.~
Proclamation declaring the~ !' October 20 through 28, 1998 a National
..._.Waman'aW .... ~
UJJpt1,~
I.J#t"!I ~g.
( /~ r.,..:~-1
Letter from John Fsnatrum, Ill in" di"icat~
Clean, Green, and Proud Commi11ion.
Letter from Don F~rg his f'Nignation om the Englewood Water
and Sewer Board.
I)
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9. Public Hearing. (None scheduled)
~
10. Consent Agenda.
tJff1I /,-b-1 a~'tJ'::,~0'JtiJ:!rn>"JAMuu //)~ tl/.11)
· ~~~~~~-of~ s.vic:Ntoadopta
II It Ji. , /IJ bill for an ordinance-•• the NCtion of the Englewood Municipal
L [.)1r •n Code pertaining to 0.-. Ucanalng provisions, and removing this
MCtion from the licelllilig marllarium. ITAfF IOUIICE: Frank ................................
ii .
t/,11-51)
OJI
Racomrnendation from the Dlpa.111.ent of Financial Services to adopt a
bil for an ordinance -•• the Wliorl of the Englewood Municipal
Code pertaining to ArnuNment ....... and ranoving this NCtion from
the licensing moratoiium. ITAPP IOUIICI: ,_. GI , ... wlcz, Dia-of
Fll•NllallenltDSI.
e~,
•
iii. Recommendation from the Depar;n.ent of Financial Services to adopt a
bill for an ordinance amendilig the Wliorl of the Englewood Municipal
Code pertaining to Food Deller llcallil19, Ind rwnoving this MCtion from
the lic:enaing moratorium. ITAPP IOUIICI: ,_. Gly ... wlcz •...... of
P'll•IClal .. 4ta11 • •
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Qty Council Apnda
October 7, 1996
Paae3
iv.
v.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance amending the section of the Englewood Municipal
Code pertaining to Arborist licensing, and removing this section from the
licensing moratorium. STAFF SOURCE: Frank Gryglewicz, Dnctor of
Financial hrvlca.
Recommendation from the Department of Safety Services to adopt a bill
for an ordinance approving a contract with the Colorado Department of
Transportation for Law Enforcement Assistance Fund ILEAFJ grant
funding. STAFF SOURCE: lob Moen, Safety .. .._ Dlvielml Chief.
b. Approve on Second Reading.
ff
11 . Ordinances, Resolutions. and Motions.
a. Approve on First Reading.
(!_g)h/·! ~ ~_;;·-/ Recommendation from the Englewood Housing Authority to adopt a bill
for an ordinance approving the sale of six Project BUILD propert~·e
STAFF SOURCE: ....... ~1111; ... cdw BIia.CG of a..-.
~OYAIE~rllfiL_
ii.
/J.mJ-11 Off' /ri)-1
Recommendation from the Englewood Housing Authority to adopt a
resolution approving application for Community Development Block Grant
funding . STAFF IOUIICES: ,_. 1111111• 1111. la11adcc B1r1111r ef !IIA,
...,_ G,;mnwtt, Houlil'II Flnw:e Specidat. ~
/11,fl/,d -iii.
~/,-0-1
Recommendation from the Department of Public Works award, by motion,
a contract for Santa Fa landscaping. Staff recommends awarding the bid
to the low bidder, Landtach Landscaping, Inc., in the amount of
14!1&99.'f STAFF SOURCE: Chaltee Eawty, Dnc1or of Pulllc: Wods~.1114, ~~,.,,;.s. -. ---"1:J
iv. Recommendation from the Office of Neighborhood and BusinNa
{! 8.f./55 -fJB)_j ~ -()-/Development to adopt • bill for an ordinance revising daign guidelines for T, large retail businasw in Englewood. STAFF IOUIICE: llabart llmpeon.
-/ Manager of Nil ............ and •••n,:,}!•~~ ~
od. ~l,-0 v.~~t1'~/~~~ -&,;uJ~_.'
r!c,,r_~ -1/Jpi t/-~ -/ ~evelopment to adopt• bill for an ordinance revising child care zoning
I
l
OJ ys · WK:,t-,fl(VJ~)ssues . STAFF IOUIICE; ~·· ........ , 111 ... toc.c)~
t1filt ~;J,~u.J ~~m-=tY~t/tlV.-~~t,...91) . t
7R setting a data for• recall election. STAFF SOURCES: Frank~
f-1 Director of Financial S.wtcea, and Loucrtahla Ella, City a.ti.
1J: 11*'!1/'•ltY)
b. Approff Second Auding.
JJJufjJ ,J.-1/-/ 1T ~ ~-
(li5:j~ ~ ..... -/-
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........ H,-..,.a...a.lllyadllllll-.,.W.• ......
................................. n..11,-.
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City Council Aaenct.
October 7, 1996
Pap4
1 2. General Discussion.
a. Mayor's Choice.
• •
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b. Council Members• Choice.
13. City Manager's Report.
l'1SM:1' '--/1_1a. Recommendation to go into Executive Session immediately follow;~ }he . -rr"" -"'Cltveou ... _ .. ........, ___ '"_-v~
r'"1.tt 0 14. City Attorney's Aes,ort.
a. Motion to defend against the claims filed by the Hortons in the Federal and
l1IJLJj /_ / State Cou~including the defense and the holding harmless of the City I,..,,,-()-._ ,.., ___ ;-....,·-~~,,.,_
~IS/"~Y-{!,/)ta.r . -~
Adjo~3~
The following minutes were transmitted to City Council between 09/13/96 -10/03/96:
• Englew00c1 Housing Authority meetings of July 31, and August 28, 1996
• Englew00c1 Public Library Board meeting of August 13, 1996
• Englew00c1 Uquor Licensing Authority meeting of September 4, 1996
--·-..... -. .. __ ... ____ .. a,..,,_,,. ... ...._ .. .................. ., .................... n..,-.
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ENGLEWOOD CITY COUNcn.
ENGLEWOOD, ARAPAHOE COUNTY, COLOJlADO
....... 5--
I. Call • O'*r
Tbe regular meeting oftbe Eaglewood City Council WIICIIJed foonlerby Ma)WBuraaar 7:32 p.m.
2.
..
TIie Pled,e of AIJeaiance -led by Mayor Bwns.
4 . ...Call
Praent: COUIICiI Mealiess tfadiaway, Capp, Wiaim. Habenicht.
V01111iaac, w.,.._.., Bwns Abeeot: Naae
AflllllltlmWllpraent
, ......
6. Set C h • V11i11n
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Eaglcwoocl City Council
Sc9te1Dbe1 16, 1996
Pagel
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(a) A pmc:lameCion decllriaa die midi afOctaber, 1996 • Knipas of Columbus Mentally
Hanclic:apped Driw 1111111111 w cwidered.
COUNCD. MDDU BATBAWAY MOVED. AND ff WAS DCONDU, TO l'llOCIAIM TID
MON'IB o• ocro•• ·-AS DIGIITS o• COLUMaUS MENTALLY BANDICAl'nD
DIUVE MON'IB IN TID CffY O• DGL&WOOD.
Ayes: Coacil ........ lfllllaway. Voraiaag. Wi,aim. Hallaiclll,
w..-,.0app.a.r.
Nays: Naac
'l1le IIIIICion Cllried.
(b) COUNCIL IIIDDD BATBAWAY MOYD. AND ff WAS SECONDD, TO
ACCEPT WITH aaarr A unu JIIOlll ll'LIS SC01T INDICATING m
ll&SIGNATION l'llOII nm DGL&WOOD Cl.LUI, GaDN AND l'llOUD COIOIISSION.
Ayes: Coacil ........ lfllllaway. V--., Wigial. Hallaiclll, w.,...,0app.eur.
Nays : Naac
'l1le IIIIICion c:uried.
COIIIICil Member lfllllaway oae 1: ~ 11111 dlil imparioe will leaw die Clea. 0-ud Pnlud
CommilPOD swo people mt ud..,.... a quiet iamew _. so flll dlCle ud OSbcr v.aat
pcllit.-.
(c) COUNCD.IIDIBllBATBAWAY IIOVD,AND ffWASS&CONDU, TO
ACCD'TWITB aaarr A UTnll noM llOGU SHOOP INDICATING BIS
ll&SIGNATION l'llOII nm DGLEWOOD ft.ANNING AND ZONING COMMISSION.
Ayes: Coacil ........ llldiaway, Vonaiaa& Wigial, Hallaiclll,
w.a-,. Capp. ...
Nays: Noae
11le IIIIICion Cllried.
(d) COUNCIL IIDIBll BATBAWAY IIOVD, AND ff WAS S&COlaD. TO
ACCD'TWITB aa;arr A UTnll JIIOlll .llll&Y alCIIIIOND INMCATING-
USIGNATION ntOII nm ENGUW009 IJWN IIDISWAL Au IIIOiiffY.
A,a: CoacilMlllllln.......,, v..,,.., W...,1111 ...
w.....-.0app.a...
Nays: Noae
11le maliclll Cllried.
9 ............
(a) COUNCD. IIIUD&a BATBAWAY IIOVD, AND rr WAS DCONDU, TO
OPEN A PuaLIC DAmNG TO GATIDa PVaLIC INl'IJT ON nm fllOPOIIED 1"7
auDGn ,oa nm CffY o, DGLEWOOD.
A,a: Coacil ........ ffldiaway. VoraiSSal, w--. H1111M-111Ca1..
w.....-.0app.a...
Nays : Noae ne ..... carried_.,.. ,-lic 1-ill ...
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Englewood City Council
September 16, 1996
Pqe3
All talimooy WIS pen under aadL
Dlnc:tar Gl)'llewicz. Depm1melll afPIDw:ill Semcea. pnwided Proalaf Public:adon c:atifying tbal
notice af tbe public i.riq WII pablilbed in tbe Eqlewood Herald OIi September 5, 1996. He 1111111d that
tbe pmpaa aftbe public i.riq ii to pdaer public input oa tbe 1997 Budpt for tbe City afEqlcwaod.
He IIIYiad tllll Coucil W11 pen tbe Budpt Oil Auplt 29, 1996, per tbe Cbancr, and a nlb'eal with
Council and all ii IClleduled filr tbe 21* af 5ew*11 .. ,er. Mr. Glyslnicz aid tbe rell'clt WII IO ICbeduled
in Older to NCeiw prior public input and .... .-ry c:hallFI. dial lime.
Ma,ar a.. llbd iftbere WII ...,._ preall wllo wwld lilie ID ...... Council iepnlills Budpt
ileaa. ,._. WII _, oae.
COUNCIL JIIDla< WAGGOND IIIOVD. AND ITWAS SECONDED. TO CLOD 11m
PUaLIC IIUmNG.
Ayes: c-:il ...._. llldlaway, VCllllliaag. Wigim. Habeaicb1.
w.....-.Cllpp.a...
Nays: Naae
1'1le molioa carried and tbe public bearing c:lmcd.
10. C...qeada
COUNCO. MDDI.Jl BATBAWAY MOVED. AND IT WAS SIECONDIED. TO APPROVE
CONSENT AGIENDA ITIEMS 11 (a) (I) AND (II) ON l'IIIST HADING.
(a) AppnM CJD Pint Radilla
(i) A CONS'l1lUC'l10N CONl'RACT W1111 JORDY AND COMPANY IN 11E
AMOUNT OF 176.915 POil CITY HALL RES'l1tOOM RENOVATION .
(ii) RESOUmON NO. 75, SERIES OF 1996
A RESOU1J10N AMENDINO 11IE APPROVED 1996 BUDGET AND APPROPRIATING MONIES
POR 11E CITY OF BNOLEWOOD, COi Oil@<>.
c-:il ....._. llldlaway, Vonaialrc, WigiM. Habaliclll, w._...,0app..._
Naae
COUNCD. JIIDla< BATBAWAY MOVED. AND ITWAS SECONDED. TO APnOW
CONSENT AGUDA ITIEMS 11 (II) (I). (I), (Ill). AND (1¥).
(b) AppnM -Secaad Readiaa
(i) ORDINANCE NO. 40, SERIES OF 1996 (COUNCIL BILL NO. 33 ,
INl1tODUCED BY COUNCIL MEMBER HAnlAWA Y)
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Englewood City Council
Seplembcr 16, 1996
Pagc4
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AN ORDINANCE APPROVING Tiffi WHOLE COST OF Tiffi IMPROVEMENTS MADE WITIDN
PA VINO DIS11UCT NO. 35 (NAVAJO) IN Tiffi CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING Tiffi APPORTIONMENT OF Tiffi COST TO EACH LOT OR
TRACT OF LAND IN SAID DIS11UCT; ASSESSING A SHARE OF Tiffi COST AGAINST EACH
LOT OR TRACT OF LAND; AND PRESCRIBING Tiffi MANNER FOR Tiffi COLLECTION AND
PAYMENT OF Tiffi ASSESSMENl'S .
(ii) ORDINANCE NO . 41. SERIES OF 1996 (COUNCil. Bil.L NO ."·
nmtODUCED BY COUNCil. MEMBER HATIIAWA Y)
AN ORDINANCE AMENDING Tl11..E 8, CHAP1ERS 2A AND 2E. OF Tiffi ENGLEWOOD
MUNICIPAL CODE 1915 PERTAINING TO LIFE-SAFETY REQUIREMENTS FOR EXISTING
IDGH-RJSE BUllDINGS.
(iii) ORDINANCE NO. 42, SERIES OF 1996 (COUNCil. Bil.L NO . 45 ,
INTRODUCED BY COUNCil. MEMBER HA TIIA WAY)
AN ORDINANCE AU11iORIZING AN INTERGOVERNMENTAL MEMORANDUM OF
AGREEMENT BETWEEN Tiffi STA TE OF COLORADO DEPARTMENT OF TRANSPORTATION
AND TIIB CITY OF ENGLEWOOD, COLORADO FOR Tiffi TRANSFER OF LAND FOR Tiffi
SOtnli WINDERMERE STREET IMPROVEMENTS .
(iv) ORDINANCE NO. 43, SERIES OF 1996 (COUNCil. Bil.L NO . 46,
INTRODUCED BY COUNCil. MEMBER HA TIIA WAY)
AN ORDINANCE AU1110R1ZING AN INTERGOVERNMENTAL CONTRACT BETWEEN Tiffi
STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND mE CITY OF
ENGLEWOOD. COLORADO PERTAINING TO REPLACING WATER MAINS IN WITHIN mE
LIMITS OF 11iE PROJECT KNOWN TO COOT AS MBELLEVIEW NORTif'.
Ayes :
Nays :
COUDCil Members Hadla,ny, Vonninq, Wigins. Habenicht,
Wagoner. Clapp. Bums
None
The motion carried.
II . O...__,I ldNlaMM..._
(a) Appnl\'C OIi Fint Reading
(i) City Manqer Clartl asked Council to Clllllider I resolution audloriz:ing ID
amcndmcnt 10 the boundaria of the Anpabne Councy Emerprilc 1.oiit. He said the prC1C111 zoac pretty
much suaddlcs Sanla Fe Drive lluoup En&Jewood, Sheridu IDd Littleton . He rmrred to the updlled
deveJopmcnl plan for tllll EIIIClprie 1.oiit wbidl -iaduded ia Council 's packet. sayiq we -.Id like
10 expand it 10 include the Ciaderdla City site IDd the Bnlldway corridor. R.clariq 10 the IOCIOlld pa,c
of the lllff mcmonndwn. Mr. Clark said basically u entcrprile 11011C delipalion brinp with it
invallllCDI laX crcdill. -busi-facility laX crcdill. bakb i-,uce laX credits. laX credits for
contribuuou IO child Clft. Clducalioa IDd uainia& laX crcdill lDd clip,ility for I varicly of Small
B~ Adminillrllioa (SBA) propan. He offered IO 1111wer ~ ha Council. sayilla dial we
-.Id like IO move forward Willi this ud IUbmil it to the SClle for flllal appn,val .
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Englewood City Council
Seplembcr 16, 1996
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -RESOLUTION NO. 76, SERIES OF 1996.
RESOLUTION NO. 76, SERIES OF 1996
A RESOLUTION APPROVING 1lfE ARAPAHOE COUNrY ENmRPRISE ZONE UPDATED
DEVELOPMENT PLAN .
Mayor Bums c:ommallCld tbal the new .-facililics tax CRdit aiuld be a significant item if it is
available for Cinderdla City and med if it -.Id. indeed. be available for the Cinderella City
Rcdcwlopmenl. City Manqel' Clark rapoaded tba1 it is bis undcnlanding tbal all of tbe1e would be
available and an: rdaled to the Stale income tax. Mayor Bums med if there is a limit on that. opining
that it is 2S% of the mvestmcnl Mr. Clark Slid be is unmn: bow tbal worts but will find out and present
it back to Council.
Mayor Bums asked if this forms a plan for redcYdopmcnt with regard to South Broadway. City Manager
Clark responded affirmaliwly.
City Manqel' Clark verified bis c:oaunenu rcprding the new business facility tax credit with BusillCSS
Community Coordinalor Scibelli. Mr. Scibdli swcd, also, tbal all of the tax CRdits mentioned relate to
the Stale of Colorado inc:omc tax obliptioas and an: tax credits that qualifying businesses in the
Enterprise z.oae arc eligible for.
Mayor Burns asked aboul the tax CRdit available on is,... of cxpenditwes to renovate vacant buildings.
Mr. Scibelli said that would also apply toward a Stale of Colorado income tax obligation lhat a busi11CSS
might haw.
Council Member Habcaic:bl said that several mootbs ago the Transportation Committee of Englewood
Focusing on T-.ow, orpclllibly the EcoMmic Del.dlJl'fflC ... Committee. met with Senator
Blickcnlderfer and --1 ocber people 10 talk about the poaibility of expanding the Ealerprilc z.oae into
the Cinderella City "*'11dlJl'•D1 area. At that ti-. lbe llaled. there seemed to be a .-,al aJ111e111US
from lhat group that this would not be advisable or plausible or even applicable . She asked wllll Im
cbanpd.
Mr. Scibelli cleacribed. in .-,al. ID CMMCW of the plan to put it inlO I better COnlCXl to respond to her
question. The an:a ~ • the A,apaboe County Ealerprilc 1.oae. be advilal -illCIOl'pClf8led for the
cities of Englc-.ood and Sbcridu bldt in ~ of 1990. and a year lalcr portiom of Litdeton were
included in the Ealerprilc Z-. The City of Englc-.ood Im llelved • the adminillntor for this an:a .
The 1.1C111C allowl for a variely of Sllle income tax credits for qualifying ... r 1111 and. be said. the
purpoae for bis being before COUIICil IOllipa ii becaue -walll to retain the zone for Englewood.
Sheridan and Linlctoa since the tax caedits arc i...,nant for hlli---and • an expansion tool.
The City of Englewood in panicular ii CWTClldy utilizing thole in our indumial and manufacturing hue
• a Sb'OIII RfCDlm tool and a IOOI IO allow the cxparllioa ud cralion of additioaal pri-,y jobs within
the City. Mr. Scibelll adviaml tllll-ofthe individual tax CRdill include a 3% ilMlllmnl tax credit
for ilMlllllelll in oc,iaipmerM of all kinds. 6-Olllllll'*II IO heavy equipmcnl. Allo. there ii a tax credit
for the rcbabililalion of vacam bllildinp. a S,00 eaplDyoe tax credit for bath new ud cxpandin1 bllliw
facilities. a $200 per~ credit IO~ wllo provide qualified bcalth iauance covera,e to
their cmployeea. and. also, I new and excitiq tax c:nldit for cxpeaditu,a rclaled IO jab trairlina -This
applies allo IO ICbool to wort or ICbool to career .,......_ wllidl will be praaJled widlia the crrtirc
Arapahoe Caunly Enterpriae Z-. Mr. Scibclli pnilld die .,......_ aying they 1R cxcdlent
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opportunities for expanding the skills of the work force . Senate Bill 96-193. just this last April . required
each of the Sta1e's sixteen enterprise zones to submit the development plan. Mr. Scibelli said he believes
om development plan meets the bill's fom basic: objectives. He said they were asked to describe the extent
to wbic:h the tax credits were being used over the last six years. Also, they were asked to provide an
opportunity for enterprise zone expansion requests . The City of Englewood, he stated, bu, via this plan,
requested tha1 Cinderella City and the South Broadway corridor be inc:hided in an expanded Arapahoe
County Enterprise .zone. The City of Sbericlan. he added. requested an expanded sec:tion of Federal
Boulevard be inc:luded in the plan. 1be plan also establishes goals for the future dfec:tiveness of the zone
and it spec:ific:ally asks us to review bow two distress factors relalal to the seven census tracts within the
mne . The two distress criteria included the per capita income of less than S 11.116 and the unemployment
ra1e be grea1er than 7 .1,e;. relaled to the 1990 census data.
Reviewing the fom objectives. Mr. Scibelli said that. of the eleven census tracts. there are seven that
qualify and meet the per capira income and the unemployment criteria. He said he believes we have made
a good argument in this plan to include all of the census tracts as eligible for continuation in the zone by
vinue of the fac:t that economic development does not occ:ur in a checkerboard fashion. He feels the thrust
of the argument to retain all census tracts within the zone is the unified approach to job retention and the
expansion of businesses and the c:reation and retention of primary jobs within the zone as a whole .
Mr. Scibelli addressed the three goals that we are required to CSlablish to measure the future efJec:tiveness
of the zone. First. the aggregate job expansion for the enterprise zone. which inc:ludcs 25 new jobs a year
for the next four years. Second. annual growth in new investment and equipment is to exceed 10"/o over
the previous year's tow. annually, for each of the four consecutive years. He said this is an extremely
important measure of annual growth and vitality within our community and Mr. Scibelli believes that by
expanded use of the enterprise zone we will be able to see, not only the expansion of the new investment
in equipment in manufac:turing opentions. but also the expanded growth of our industrial base and the
expansion of pril'IIIJY jobs. wbic:h is really wbal the enterprise zone benefit is all about. Finally. the
annual growth in sales revenue is to exceed 5% over the previous year's revenues for each of four years .
Mr. Scibelli reiteraled tha1 we are looking II the inc:lusion of the South Broadway corridor. wbic:h is a
retail corridor, and the inc:lusion o(CinderdJa City. wberdly the measwemcnt of inc:reased growth sales.
lax revenues. c:an be achieved. 1be expanded 111C by the retail community of the enterprise zone benefits
c:an help us realize that benefit. he said.
Mr. Scibelli addressed Council Member Habenic:ht 's original question with regard to what has changed to
make this feasible now . He said approximalcly two years ago an applic:ation for inclusion of Cinderella
City was submitted to the Department of Local Affairs. At tbll time. the request was for the second floor
of Cinderella City. wbic:h was dominated by offac:c: usage . The argument was that it was not retail and
inclusion would serve to expand the economy . He said it is bis understanding that the application did not
get to the formal review process with the Stale and it wu recommended that the timing was wrong for
tbll kind of an applic:ation . The approach today, he advised. is different because the Stale has invited us
to include those areas which we believe would be helpful in expanding the local economy . Also. there are
several tax c:redits that are espcc:ially beneficial to retail CSlablishments. He mentioned the $500 tax credit
for new job c:reat.ion. for wbic:h a retail establishment is eligible, and other benefits ~iously mentioned
by City Manager Clark . Mr. ScibeUi explained that we have included both Cinderella City and the South
Broadway corridor from downtown IO the Littlelon border becaUle the opponuaity wu presemed to us,
and because we believe it can be another vallllble economic: tool for Englewood.
City Manqcr Clark asked Council Member Habcnic:ht what the time frame -oa the EFOT action . She
responded tbll it wu around March. 1996 . Mr. Clart said there wu quite a bit o( legisl#ioa going on 11
that time and he docs not recall receivilla aay infonaaaioa oa this in paniadu. He said there were -
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September 16. 1996
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people in the legislature who bad wanted to do away with enterprise zones all together, and there was a
general sense tbal municipalities should go into a holding pal1em on enterprise zones until they saw what
kind of legislation came out of it He wondered if the recommendation she spoke of was related to that
Council Member Habcnicbt asked if inclusion of the South Broadway corridor, and the CindcRIJa City
site in the cntcrprisc mnc dnelopmeot plan for the county, preclude mixed-use housing dcYelopment in
either area. or make that cliffiadt Mr. Scibclli responded tbal it really does not He explained that it is a
bcocfit, or cnbaocerncot. to the business community, existing or propoled, and that it really is neutral with
regard to fulurc residenlial propenics.
Council Member Habenic:bt said she thinks she originally brought the idea of enterprise zones to
Eoglcwood ycan qo, • she is very supportive. She also asked if temporary employment services in the
Broadway corridor will have ID c:1Jcct OD the employment related bcocfits. Mr. Scibclli responded that he
docs not believe the employment figures will be effected. The disuess factor. he said, is related to
uncmploymeol and that does not relate directly to temporary employment. Also. per capita income is
usually OD an annual basis. He does not feel that temporary employment really getS capcured in the two
broad distress criteria.
Council Member Habcnicbt said the City Council and the City of Englewood have taken a lot of heat for
dragging their feet OD Ciodcrclla City negotiations and agreements. She asked if this is not advantageous
and fawrablc to the private IICCIOr to go with an enterprise 1.0DC, since Cinderella City bas gone dark. Mr.
Scibelli agreed. adding that it is one more enhancement for the future development of Cindcella City that
will allow additional tax CRdits as pan of the development that will occur there .
Council Member Habcnicbt asked if inclusion of this will preclude a developer from doing mixed use
housing. Mr. Scibelli said it will not have any effect and hopes that it will be an incentive for the
development of the area. including mixed use housing.
Council Member Clapp said that the map docs not show Broadway going all the way to the Littleton
boundaries. She asked if that is "'""'biog tbal we have pr.-tbal hasn't been included yet. Mr.
Scibclli said that is comet. CUll"Clllly the cntcrprisc mnc only includes the downtown area to Yale
Avenue . The area to which she is referring is not cunently illdudcd in the enterprise zone .
Council Member Halbaway fell since CCIIIUI tnlCl ~7 includes Cioderclla City and the General Iron
Works site. it would be an iwerall iocealivc for u,oac lookiq • •ti-family bousing or rerail
dcvdopmcnt, bccausc it gives ample opponuoity for any kind ol development . Mr . Scibclli agreed that
the distress criteria speaks particularly well in that area .
Mayor BUIIII said he gets the impression tbal enterprise zones have not been Ulcd very much in the p111
and Ibis is an aacmpt to try to ac:cdcratc tbal uac . He asked bow the public will be made aware tbal these
bcocfits are available . He said there is currently a lot ol illlCrell in localing in Englewood and this seems
like a golden opportunity to uac this tool to help these bulincues .
Mr. Scibclli said there are ICVeral specific vcbiclcs for piling the wont out. The Busincss Development
NcMleaer will be coming OUl every two moatbs and will falure illformaaioo on the tax credits and
relaled changing lqillation. 111c ~ bas a maifula till ol -twen1y.fivc buodral. be said, and
includes all indullrial and rerail addrcucs in Englewood. Cumndy, 1 IIIIUlufacnarer 's round table is
bein1 formed and that will be .-a • 1 vebiclc for comn••lcaeioa . 111c Chamber ol Commerce bas been
prvvidcd with I dnft ol I bfochurc that spells OUl the existing tax CRdits and thole tbal will be fued in M
• resu.11 orse 96-t9J .
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Mayor Bums asked about the South Suburban Board of Realtors. Mr. Scibelli said that would be an
excellent vehicle, one which they bad not considered.
Council Member Waggoner asked if the whole census tract is in the enterprise :zone. or just a portion of it.
Mr. ScibeUi responded that be is comet. Cinderella City does DOI fil neatly into one ca11U1 tnlCl, nor does
the South Broadway corridor. Mr. Wagoner clarified tbal. although this talks about ca11U1 tracts. not all
al the property in lhal callUI tnct is in the enrerprie mne. Mr. Scibelli c:oncumd. Mr . Waggoner asked
what eft'ect putting the South Broadway expllllion area in an enraprilc zone will bave on the residential
properties on the other side al the alley alf al Broadway. Mr. Scibelli said be bdieYes there is cleuly an
orientation in the revitaliDlion in a aJIIIIIIClcial area to its adjacent residenlial pn,pertiea. By providing
the additional tax credits to small RUilers along lhal corridor. we hope lhal it will enhance the business,
perhaps 1e1W a1 an incen1M to renov11e -al the vacant baildinp that an: there. Mr. Waggoner
aked if)'OU cu change iaidcntial to business became it is in an CDlaprile zone. Mr. Scibelli said no ,
you could not. ii would take a zone change. Mr. Waggoner clarified lhal an enterprise zone designation,
theraore, does DOI bave an effect on residential properties. Mr. Scibelli agreed that ii does not. without a
zone cbange.
Council Member Habenicht asked if it effects in any way lhe ease or difficulty of gelling a :zone change .
Mr. Scibelli said ii does not. became ii is a land use issue thal rally isn 'I relaled to tax credits. She asked
if raidcnlial property ownen who an: included in the enterprise :zone along South Broadway will have
aay aJDCe1111 a1 to bow that will negatively impact lheir property value or residential quality of life. Mr .
Scibelli raponded tbal they would not.
VIiie ..-au oe IIGdoa ta .,.n,we Reulutioa No. 76:
Ayes: Council Members Hathaway. Vonnillag, Wiggins, Habenicht.
Waggoner, Clapp, Bums
Nays: None
The molion carried.
Mayor Bums CX>lllllletlled lhal lllaff did an excellent job on this report.
(ii) Dira:u>r Gryglewicz presented a recommendation from the Depanmcnl al
Financial Services to adopt a bill for an ordinance appn,ving credit cnhanc:emcnt for the Marks bonds. He
explained that Wellaord Malts WCII Corponlioa wants to rdinance a portion al their boadL aat to
exceed SI 1,200,000 . He Slaaed thal lhae are the bonds that originally financed the Malts project.
Wellaord is asking for penniaion to proceed with this and in a,ajunc:1ion with this ordinaacc. they will
need a short special meeting to be held a Met from tonight for second reading III they will be 1111c to
close on their bonds prior to the cxpinllion al their letter al credit. Mr . Gryglcwicz advi..t thal this
action is not under the proYiliclal al TABOR and is DOI an oblip&ion al the City al Englewood. He said
lllaffrecommendl approval al this bill for u ordinaacc.
Responding to Mayor Bums. Mr. Gryglcwicz CXJDflnncd this is an old indullrial developmclll mauc
bond .
Council Member W...-, alUd if there would be a COIi to the City. Mr. Gryglewicz said the City al
Enpewood will ac:t1lally be billiJI& the Wellaord for our ti• and drort.
Council Member Hlbenidll alUd if this in aay way dredl die City 's bondin& c:aplbility . Mr . Grypwicz
said it does not a1 ii is not u obliplion al the City al Eqlewood.
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Englewood City Council
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In raponse to C4uncil Member Waggoner, Dira:tor Gryglcwicz advised that they have ag,ecd to pay the
CDlt.
The City Clerk was 8*ed to rad Council Bill No. 47 by tillc:
COUNCil. Bll.L NO. 47, INTRODUCED BY COUNCil. MEMBER HATIIAWAY
A BILL FOR AN ORDINANCE AU'IHORIZING l1IE ISSUANCE AND SALE OF 1HE CITY OF
ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS
APAR'IMENTS PROJEC'I) SERIES 1996 IN 11fE AGGREGATE PRINCIPAL AMOUNT OF
SI 1,200,000, TO REFUND PRIOR BONDS OF 1llE CITY AND TO PROVIDE FINANCING FOR
RESIDElfflAL FACll.lTIES FOR LOW• AND MIDDLE-INCOME FAMILIES AND PERSONS;
RATIFYING CERTAIN AC110N HERF:I'OFORE TAKEN ACKNOWLEDGING 1HE USE OF A
PRELIMINARY AND FINAL OFFICIAL STATEMENT AND l1IE EXECl1110N AND DELIVERY
BY 1llE CITY OF A CERTAIN INDEJlrnJRE OF TRUST, LOAN AGREEMENT, AMENDED AND
RESTATED LAND USE RESTRICTION AGREEMENT. BOND PURCHASE AGREEMEm', SUCH
BONDS AND CLOSING DOCUMENTS IN CONNECTION 1HEREwmt; MAKING
DETERMINATIONS AS TO "LOW· AND MIDDLE-INCOME FAMILIES AND PERSONS." AS TO
l1IE sumCIENCY OF REVENUES AND AS TO 01HER MATI'ERS RELATED TO 11fE
RESIDENl1AL FACil.ITIES TO BE FINANCED REPEALING ACTION HERETOFORE TAKEN IN
CONFLICT HEREwmt.
COUNCD. M&MaER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ii) -COUNCD. aJLL NO. 47.
Ayes: Council Mcmbcn Hadlaway. V.miaq. WigiM. Habeaicllt,
Wagoaer, Clipp, Bllms
Nays: Noec
The mocioa carried.
(I) COUNCD. MUaU BATIL\WAY MOVU, AND IT WAS
SECONDO, TO sn A SPECIAL CITY COUNCD. IIIUTING ON HPTUDD u. "" AT
6:tl P.M. ,OR TIU SECOND HADING or COUNCD. IIILL NO. 47.
Ayes : c.-il Meallerl Hadaway , Vonaillal, Wigia Halleaidll. w...-,. Clapp. a..
Nays : Noec
The IIIOlioo carried.
1bcrc were DO additiollal ilCIDI l1lbauaed for approval on lllCllllld radi91. (See ,\,-la Item 10 (b) •
Colllcal A,eada.)
12 . Gwral Pia: llfr
(a) Mayon Cboice
I . Ma,or Bini .... dllldlcywercwwideiilllypl...a111111d ... .,. 11111 we alllailled Sl .5
milliaa. ia Ille c;.,._ Ca I • • .Appniprilliw ia Wllh)...,. llr ftnl lwliac llr c•1111,cti•
oldie ....... ClllridDr lipl rail . lie COP 9 1 dlll dlis W a llirty ..U -of .-y, but a
wry bia ilea. becw llr Ille llnt lime we uw lad.._. Clllllnaed by Ille l'ednl .--_ He
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Englewood City Council
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noCcd that it has led to a great deal of<:elcbration at RTD . Mayor Bums said that Mayor Webb spoke out
about it and that it was reported in the press that Secretary of Transportation Federico Peila called Senator
Mart Hatfield from Oregon. chairman of the Conference Commiuee, and lobbied him for this money . He
advised that the Senate did not have any funds in it 's appropnations bill for this, the House did. and the
Conference Committee came through with half as much as the House appropriated. He stated that the
important thing was jllll to get the funds, so this is a veiy big item for us . Next year. he commented, he
has been advised RTD will be asking for something like $30 million. He said Scott Recd, the RTD
51ri<csrnan, c:aUed him lut Wednaday and said it is impoltant because they ask you two euential
quellioal. Mr. Reed adviled him that they ak first ifwe have a flalJ flmdiq gnnl agRCIIICIII. which we
have, and the !leCllllld qucslioa is if we have bad a prior year approprialion. If you have to say no you are
in trouble and we can -say yes when the maaer comes up next year, 111 it is veiy important Also, he
adviad they bad the mid point design for the line, which wu brougbt to the City lut week by the RTD
sraf( and he undaslands that is being cin:ullled through the Public Works Department. He said RTD is
moving right along on this, that they have twenty new engineers working on the final plans. which he
undenlands are supposed to be completed by next spring and the pn:ss is reporting that they may even
stan construction, which would be infrastructure. by next spring. Mayor Bums commented that you can
really begin to see that this is going to happen and so he is very thrilled about it.
(b) Council Member's Choice
(i) Council Member Hathaway :
I. She passed out to Council a copy of an anicle from this week's Nalioa ·s Cities Weekly regarding
group home siting and the fact that there are two dift'erent mayor 's that have pleaded with Congress to
allow a little more flexibility in where they are sited and how many can be sited in a particular area . Ms.
Hadulway said she would like to suggest that we COIIIICt the two -,on. Mayor Baltlua Fahey of
Edmollds. WllhingtOn. and Mayor Rita Mullins ol Palaline. UliJlois . She said it is obviously not jllll our
problem and she would like to have us coollCI thoK mayors IO -if their prublcms are similar to ours,
llow they are dealing with them and whether they feel like they are piling anywhere .
2. She said she would like to have a billOly from Code Eaorc ..a the City Maaeer's office
repntillg I raidenl by the-of Royce Rallbins wllo iwa. 3100 Solllll 8-Jdt. ~. she
adviml. lie bas an CJD-llling clog pniblcm and -. tllorou&blY 6-nled widl the City 's ~-Ms.
Hadulway lllled she wouldjlat like to know wbal the City's i..-bas been•'° this point.
3. She stated she has bad an inquiiy from Mr. Gene Giea-repnling a pawnsbop problem with
an Eqlcwood pawnshop . He has some questions as to the City's lepl clefinitioa ol lou sllamng and
wbethcr a tnullaCtion which oa:umd at an Englewood pawnshop, in which he and his son were inwlwd.
COllllilW:S loan sharking. She advised that Mr . Gleason would just like to know our policy on 5IOlco
goods laws that per11in to pawnshops.
4. She said she was going through some files at the flower shop and found a copy of an Enpcwood
Citizen from 1978 . She provided Council with copies of it because there were -veiy illlelaling
thinp in there . One being an anicle on an election scheduled for TUClday. September 19*' for the
Dowmown Development Authority. as to whether they should exill or not. Appaready, she noted. they
have been in exillCDCC for eighteen ycan. She poillled out odler aniclca ol merat. Ms. Hadulway
advilcd that she would allo fCIIWlld I copy IO the Clcu. Gftlell ..a Proud Co-million as it 111b about
the citizens rapouc in 1971 IO the oco cycle plu dial we -eeulllisbi• in the City ol EaaJewood.
She DOied they found out dial it w tine lilw the illilial CllpNUlioe tlley bad ucic:ipe!ed from
EnaJcwood raiclents. So she noted. appareDlly Eapcwaod bas beat nitydina for many , muy ycan.
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Englewood City Council
September 16. 1996
Pag,c II
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(ii) Council Member Vonniuag:
I•
I . He said that his mother-in-law died lasl Tuesday and be offered his appreciation and llwlks to
cveiyone for the flowers.
2. He advised that al 4810 South Grant somebody illegally dumped tree limbs and stuff'. He said
that it is a lot more than be can throw away in his trash so be asked that the City take care of it.
•••••
Mayor Bums, on behalf of Council , expressed their condolences to Council Member Vormittag and his
family. Mr. Vormilllg thanked him .
(iii) Council Member Wiggins staled that al 2840. 2860 South Elati Ibey are still
having puking problems. He advised that Catastrophe Raloration Services double park and block the
street. He rcquellCld that Mr . Stanley· s crew cruise the area periodically during the day when Ibey are
doing business and make sure that Ibey don't block the street.
13 . City Muaser'1 Report
(a) City Manager Clark advi9ed that be received correspondence from Jerrell Black who has
been working with the Cultural Arts Commission. He staled that the Commission has asked that Council
designate a council member as a liaison to that Commission.
Council Member Hathaway advised that Ibey also n:,quesced one for Puts and Rec. EDDA and different
other ones too. She asked if all of the liaisons were going to have non-voting status. City Manager Clark
said that it is his understanding that Ibey are non-voting. Council Member Wiggins said that be had read
in IOIIICbody • s DOies that Ibey would not be voting. Mayor Bums commented that he did not think Ibey
oould expand their voting capacity as Council established the Commission by ordinana:.
DilQlllioa ensued .
COUNCll., •Y CONSENSIJS. NAMED COUNCO.. MEMSIR llillNICBT AS CITY COUNCO..
UAISON TO THE CIJL TIJRAL ARTS COMMISSION.
14 . CkyA....._,.,.,....
(a) City Attomey BIOUlllall said Council should have rec::eived his letter to Mr. Sadler
reprding the abatement and procedure that be bas before bim . He said be would like to make sun: that
be bas all of our procedures lined up. He rcquellCld a motioa to aJllliw with the abNcmcnl including
the pouible taking of the property. Responding to Mayor Bums. Mr. Brotzman clarified that be is talking
about the Horton property.
COUNCIL MEMSER BA TBA WAY MOVED, AND IT WAS SECONDED, TO AUTHORIZE
THE CITY ATTORNEY TO CONTINIJE THE LEGAL ACTIONS REGARDING MR. SATHER
AND THI: BORTON PROPERTY.
Aya: Council Melllben Halll8way, Vonainaa, Wiu,m. Habaudll.
Waaa-,. Clapp, Burns
Nays : Noec
Tbc IIIOlioa carried.
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Mayw 8una aid dial• .... ID lllllaliaa • ii wrililll ID all rldle ...... rldle Caap:aiollll
llclcptn dial bave bellD • all lCIM in die lipl rail. He .... dlll lie will allo write ID Sec:n:lary Pela
ad Mayw Webb, wllo 1111 bellD way llelpfill • R11> ia illlwm:i. R1t> ID mppalt iL
•••••
c-:il Member Vcniitlal .... dill.,.._ aipl dley wae FUii ID Lialclon. ID die Higbline
Caal. He .... if ft'll,-e wllo-ID p ...... ia dleir-.
15 . ~
COUNCU. MDRD WIGGINS MOVED TO AIUOUU. 1'llc mee1i11a ad,jounled • 8:24 p.m .
..
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ENGLEWOOD CITY COUNCU.
ENGLEWOOD, AllAPABOE COUNTY, COLOllADO
S41 •lier 23, I"'
1. Call • Or*r
The special meeliag fl die Eqlewood City Couacil -c:allDd IO order by Meyor Burns• 6 :08 p.m.
2. .___
The i1M1C11ion -giffll by Council Member Wigins.
3. f'lellme fl Allepewe
The Pledge" Allcgiuce -led by Mayor Bums.
4 . ..c.u
Present: Couacil Members Helbney, Clapp, Wiggins. Habenicht.
Vormittag. Waggoner, Burns
Absent : Nooe
A quorum -present.
5.
A11o present: City Maupr Clerk
City Aaomey BnllZIIIU
Aaillaal to tbe City Mampr Grace
City Clert Ellis
Dueclor Gryslcwicz. Fimaciel Scrvica
COUNCU. MUDD IIATBAWAY MOYD, AND rrwAS SICONDU, TO APPaOVI
COUNCU. alLL NO. '7.
(1) A..-OIi SecDlld Radiq
(i) ORDINANCE NO. 44 . SERIES OF 1996
COUNCU. Bn.L NO. 47 , INTRODUCED BY COUNCU. MEMBER HA111AWAY
A Bn.L FOil AN ORDINANCE Al1IHOIUZING 11E ISSUANCE AND SALE OF 11E CITY OF
ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE ltl!FUNDING BONDS (MARKS
APAR'JMmoll'S PROJECT) SERIES 1996 IN 11E AOGREOA11! PRINCIPAL AMOUm' OF
SI 1.200.000. TO REFUND PRIOR BONDS OF 11E C1'1Y AND TO PROVIDE FINANCING FOR
RESIDENT1AL FACILfflES POil LOW-AND MJDDLE.INCOl,E FAMILIES AND Pl!ltSONS ;
RATIFYING Cl!JlTAIN ACTION HERETOPatE TAKEN ; ACICHOWLl!DOINO 11E USE OF A
PRELIMINARY AND FINAL Ol'l'lCIAL STATI!MENT AND 11IE EXEClmON AND DELIVERY
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s,edlll City c:-u Mada&
Sepl hr 23.1"'
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BY nm CITY OF A CERTAIN INDEN11JRE OF TRUST, LOAN AOREEME!ff. AMENDED AND
RESTATED LAND USE IU!S'l1UC110N AGIU!l!Ml!Nl', BOND POllOIASE AOREEME!ff. SUCH
BONDS AND CLOSING DOCUMENTS IN CONNECTION 1HBREWffll; MAKING
DETERMINATIONS AS TO"LOW-AND MIDDLB-INCOME FAMILIES AND PERSONS," AS TO
nm sumCIENCY OF REVENUES AND AS TO O'l1tl!ll MA'n'l!RS RELATED TO nm
RESIDENTIAL FAcn..rrms TO BE FINANCED; RBPl!ALING AC110N HERETOFORE TAKEN IN
CONFUCT HEJtEWml
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A,-: Cowil....._......_,, Vonaiall. w-...-. lfll . k,
w...-.Capp.a..
Nays: Naa
COUNCIL MDISD WAGGONU MOVED TO ADIOUllN . TIie .............. M6 :09 p.m.
~dr!i:.
CityClen
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I N T E R
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To:
From:
Subject:
Date:
Church Renewal Committee
Rex Martin
Outside voice survey
August 19, 1996
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MEMO
We have used only fifty-two (52) of the survey responses for our statistical analysis .
These responses were completed satisfactorily and, in my opinion, give us a good sampling of the
neighborhood surrounding Mayflower Congregational Church. It is obvious &om the survey that
our neighbors are most concerned about child are and neighborhood issues.
The attached report provides the responses to personal interviews and mail-in survey
questionnaires. Over 5,.A of the responders think our church should be involved in some type of
child care program . The "Mother's day out" category seems very popular. Amazingly, over 65%
of the responses asked for Town Hall meetings and 54% said they would panicipate in such
meetings .
Those interviewed who said they were active or a member in another church represented
44 % of the responses, and 31 % said they had no aarrent church affiliation . I have to believe that
those who did not answer either way don't belong to or are not active in any church .
The most important of church functions in rank order are :
Sunday morning worship 13 .5%
Special evening services 13.5%
Social events 13.5%
Bible study groups 11.5%
Music 9 .6%
Sermons 9.6%
Child care during services 7. ,.A
Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed
all that important. I should add that only four responders noted a desire for music outside of the
traditional music (Contemporary -3, Country Western -l ).
Six of those interviewed would like to be added to our mailing list and three would like a
visit from our pastor. These names and addresses will be given to Clyde.
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MAYFLOWER CONGREGATIONAL CHURCH
SURVEY REPORT
1. What sefVices do you think Mayflower should consider providing to the nelghbortlood ?
•• Child care after school II 17.31%
b. Mothers day out child care 13 25.00%
C. Child care during day a 15.38%
30 57.811%
d. Town hall meetings 34 85.38%
•• Use of Church facilities for
community events 11 21 .15%
f. Outreach programs 3 5.77%
g. Youth group activities 7 13.46%
2. What services would you use and/or support?
•• Child care after school 7 13.48%
b. MotherS day out child care 12 23.08%
c. Child care durtng day 7 13.48%
26 50.00%
d. Youth group IICtivltles 5 11 .82%
e. Town hall meetings 28 53.85%
f. Concerts 7 13.48%
3. Current church participation
a. Active or member In other
church 23 44.23%
b . Not ac:tlve or member In other
church 18 30.77%
C. No response 13 25 .00%
4 . Importance of church activities
a. Social events 7 13.48%
b. Bible study groups 8 11 .54%
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C. Sunday momlng worship 7 • 13.48%
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d. Music
•• Worship other than Sunday
f. Child care during services
g. Sennons
h. Pastoral visits
Special evening serviceS
5. Would Uke to be on our malling 11st
II. Would lb a viii from cu pestor
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7
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1.12%
1.92%
7.89%
1.82%
3.85%
13.46%
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I N T E R
0 F F I C E
To:
From:
Subject:
Date:
Cluch Renewal Committee
RexMartin
Outside voice survey
August 19, 1996
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MEMO
We have used only fifty-two (52) of the survey responses for our statistical analysis .
These responses were completed satisfactorily and, in my opinion, give us a good sampling of the
neighborhood surrounding Mayflower Congregational Church. It is obvious from the survey that
our neighbon are most concerned about child care and neighborhood issues .
The attached repon provides the responses to personal interviews and mail-in survey
questionnaires. Over 57% of the responden think our church should be involved in some type of
child care program. The "Mother's day out" category seems very popular. Amazingly , over 65%
of the responses asked for Town Hall meetings and 54% said they would participate in such
meetings.
Those interviewed who said they were active or a member in another church represented
44 % of the responses, and 31 % said they had no current church affiliation . I have to believe that
those who did not answer either way don't belong to or are not active in any church.
The most important of church functions in rank order are :
Sunday morning worship 13 . 5%
Special evening services 13 .5%
Social events 13 .5%
Bible study groups 11.5%
Music 9 .6%
Sermons 9 .6%
Child care during services 7 . '79/e
Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed
all that important . I should add that only four responders noted a desire for music outside of the
traditional music (Contemporary-3, Country Western -1).
Six of those interviewed would like to be added to our mailing list and three would like a
visit from our pastor. These names and addresses will be given to Clyde .
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MAYFLOWER CONGREGATIONAL CHURCH
SURVEY REPORT
1. What NrVlces do you think Mayflower should consider providing to the neighborhood ?
•• Child care after school 9 17.31%
b. Molhel'S day out child care 13 25.00%
C. Child care during day a 15.38%
30 57.19%
d. Town hall meetings 34 85.38%
•• USe of Church facllltles for
community events 11 21.15%
f. Outreach programs 3 5.77%
g. Youth group ac::tlvllies 7 13.46%
2. What services would you use and/or support?
•• Child care after school 7 13.46%
b. MolherS day ou1 child care 12 23.08%
C. Child care during day 7 13.46%
28 50.00%
d. Youth group lldlvlles 5 1.92%
e. Town hall meetings 28 53.95%
f. Concerts 7 13.46%
3. Current churCh paltlclpatlon
•• Adlve or member In olher
church 23 44.23%
b . Not active or member In olher
church 11 30.77%
C. No response 13 25.00%
,. Importance of churCh adlvllles
•• Social evenlS 7 13.46,.
b. Bible study groups I 11.54,. t • C. Sunday morning WOl'lhlp 7 13.46%
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d. Music 5 8.82%
•• Worship olherthan Sunday 1 1.92%
f. Child care during services 4 7.81%
g. Sermons 5 8.82%
h. Pastoral vlslls 2 3.85%
Special evenng services 7 13.48%
5. Would Uke to be on our mailing list 8
8. Would .. a visit from our pator 3 ..
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N T E R
0 F F I C E
To:
From:
Subject:
Date:
Church llenewal Committee
RexMartin
Outside voice survey
August 19, 1996
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MEMO
We have used only fifty-two (S2) of the survey responses for our statistical analysis .
These responses were completed satisfactorily and, in my opinion, give us a good sampling of the
neighborhood IW1'ounding Mayflower Congregational Church. It is obvious fi-om the survey that
our neighbors are most concerned about child care and neighborhood issues.
The attached report provides the responses to personal interviews and mail-in survey
questionnaires. Over S1% of the responders think our church should be involved in some type of
child care program. The "'Mother's day out" category seems very popular. Amazingly, over 65%
of the responses asked for Town Hall meetings and 54% said they would panicipate in such
meetings .
Those interviewed who said they were active or a member in another church represented
44 % of the responses, and 31 % said they had no cunent church affiliation . I have to believe that
those who did not answer either way don't belong to or are not active in any church.
The most imponant of church functions in rank order are :
Sunday morning worship 13 .5%
Special evening services 13.S%
Social events 13.S%
Bible study groups l 1.S%
Music 9 .6%
Sermons 9 .6%
Child care during services 7 . 7%
Pastoral visits and regular worship services othff than on usual Sunday schedule were not deemed
all that impor-.ant. I should add that only four responders noted a desire for music outside of the
traditional music (Contemporary -3, Country Western -1 ).
Six of those interviewed would like to be added to our mailing list and three would like a
visit from our pastor. These names and addresses will be given to Clyde.
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MAYFLOWER CONGREGATIONAL. CHURCH
SURVEY REPORT
1.
What lefVlces do YoU ~ Mayflower should consider Pf'OYldlng lo lhe neighborhood ? •• Child care after SChool II 17.31% b. Mothers day out chlld ca,e 13 25.00% C. Cllid care during day a 15.38%
30 57.H,(,
d. Town hall meetings 34 85.38% •• Use of Church fac:Wtles for
community events 11 21.15% .. ,. Outreach programs
3 5 .'77%
g. Youth group ac:tiv11ies
7 13.48%
2.
What 1eMCes WOUid YoU ... and/or SUppo,t?
•• Child care after SChool 7 13.48%
b. Mothers day out Child care 12 23.08%
C. Chld care during day 7 13.48%
29 50.00%
d. y-,. group 8CllvlUes
5 1.82%
e . Town hall rneetii,us 28 53.15% ,. Conc:erts
7 13.48%
3. Current dlurch ~
•• Active or member in OCher
dlurc:fl
23 44.23%
b . Not ac:llve or member In other Church
115 30 .77%
C. NorNponae
13 25.oo,r,
.C . lmPC>rWQ of chun:h ac:tJv&s
•• Social events
7 13.48%
• b . Bible study groups e 11.54 .. i. C. Sunday fflOming worship 7 13.48%
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d . Music
e. WOtShlp other Ulan Sunday
f. Child care durtng servtc:es
g . Sermons
h. Plllloral Vlslls
Spedaf even1ng servtc:es
5. Would like to be on our mailing IJst
8. Would like • vtsl from our pator
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5
2
7
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3
1.92%
1.92%
7.89%
1.82%
3.15"
13.48"
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0 F F I C E
To:
From:
Subject:
Date:
Church Renewal Committee
llexMartin
Outside voice survey
August 19, 1996
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MEMO
We have used only fifty-two (S2) of the surwy responses for our statistical analysis .
These responses were completed satisfactorily and. in my opinion. give us a good sampling of the
neighborhood IUff'OUDding Mayflower Congregational Clurch. It is obvious &om the survey thzt
our neighbors are most concerned about child care and neighborhood issues.
The attached report provides the responses to personal interviews and mail-in survey
questionnaires. Over S7% of the responders think our cbun:h should be involved in some type of
child care program . The "Mother's day out" category seems very popular. Amazingly, over 65~'.
of the responses asked for Town Hall meetings and S4% said they would participate in such
meetings.
Those interviewed who said they were active or a member in another church represented
44 % of the responses. and 31 % said they had no current church affiliation. I have to believe t1w
those who did not answer either way don't belong to or are not active in any church .
The most important of church functions in rank order are :
Sunday morning worship 13.5%
Special evening services 13.5%
Social events 13.5%
Bible study groups 11.5%
Music 9.6%
Sermons 9 .6%
Child care during services 7. ,-;1,
Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed
all that imponant . I should add that only four responders noted a desire for music outside of the
traditional music (Contemporary-3, CounuyWestem -I).
Six of those interviewed would like to be added to our maiJ.ina list and three would like a
visit from our pastor. These names and addresses will be liven to Clyde .
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CORRECTION
THE PF.ECED !N G c cc:...·wE. IT CR ELANK Fa..J.,WE HAS EE=:'!
F.EW!Cfi OFiL.i 5:: T .J.SS U F.E LEG/£/LITY .J.,VD
ITS !MA GE A,=.c~.::;s /,W,WEDIA TE!. Y HEREAFTE.=..
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MAYFLOWER CONGREGATIONAL CHURCH
SURVEY REPORT
1. What 5efVic:eS do you think Mayflower should consider providing to the neighbomood ~
•• Chld care after school 9 17.31%
b . MotherS day out child care 13 25.00%
c. Chld care during day a 15.38%
30 57.69%
d. Town hall meetings 34 65.38%
e. USe of Church facilities for
community events 11 21.15%
f. OutreaCh programs 3 5.77% ..
g . Youth group activities 7 13.46%
2. What se,vices"would you use and/or support?
•• Child care after school 7 13.46%
b. MoChers day out child care 12 23.08%
C. Child care during day 7 13.46%
26 50.00%
d. Youth group ac:tlvllies 5 9.62%
e. Town hall meetings 21 53.15%
f. Concerts 7 13.46%
3. Current church pal1lc:lpatlon
•• Adlve or member in olher
c:hurCh 23 44.23%
b . Not active or member In other
dlurd'I 16 30.77%
C. No response 13 25.00%
4 . Importance of c:hurCh ac:tivllies
•• SodalevetU 7 13.46% .;
b. Bible study groups 6 11.54% ..
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C. Sunday morning worship 7 13.46%
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d. Music 5 9.82%
•• Worship olherlhan Sunday 1 1.la
f. Chld care during semces 4 7.8ft
g. SennOnS 5 1.82%
h. PaslOfal vlslls 2 3.15%
Special evenrlQ se,vic:eS 7 13.4"t
5. Would like to be on our mailing list e
I. Would like a viii from our pastor 3
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
WHAT:
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MEN:
7:30 PM
A -IIIIIJ •Hing al..,._. Cbun:11 ID:
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
WHAT:
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WHO:
7:30 PM
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
WHAT:
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WHEN:
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7:30 PM
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
A mill., •111 ••_.,aw a.n:11 ID: ...................... , ........... . ....................
Open.._afaa ma lclllan-ana••lal* ..
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
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Opan .._ GI earn unk lllan •1111 n11&1 LDIS
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
A+ lalt ••llng•M J9 rCIIIRIIID:
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PM
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PII
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MAYFLOWER CHURCH
SECOND MONDAY NIGHT TOWN MEETING
OCTOBER 14, 1996
7:30 PII
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Mayor, City Council&. Manager
Englewood City Hall
3400 South Elati Street
Englewood, CO 80110
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Subject: 1997 Budget Request for the
Englewood Clean, Green &. Proud Commission
Dar Mayor, COW1Cil &. Manager,
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As one of the fifteen COWICil appointed Commissioners of Englewood's Clean, Green&.
Proud (COP) Commission, I would like this opponunity to shire the 1996 COP
accomplishments with you, and to request continued financial and staff support from the City
in 1997 . It his been my pleasure to serve the Englewood community through the Clean,
Green&. Proud (COP) Commission since 1994. The Commission wu formed by City
COW1Cil in 1991 u an affiliate of the national "Keep America Beautiful" campaign and our
commission his enlisted considerable volunteer participation and provided direct and
increasing services to the community since 1991.
Most Englewood residents know COP from our nine days of attended collections. Good
Neighbor Days, Household Material (paint/oil) Roundup, and the Leaf and Tire collection.
The general emphasis of these programs is to encourage responsible reuse , recycling and
disposal . Attended collections are also opportunities to provide written information about
these subjects to participants.
Community events such as the Glad blg+thon are also opportunities to make the point that
we all share responsibility for keepin& our community clean. Hundreds of school children
annually participlle in the campaign to pick up litter from public places. Service groups have
also participlled in this event to live blclt to the community.
What many Englewood residents s may no know is 1hll in 1996 COP IOlicited raources and
organized vohdeers for five lllljor community pn,jeell noc eve11 COUlllin& our fund raising
events. Hundreds of hoUleholds were directly .-I by our pn111m11 and hundreds of
volunteers pllticipaled in these civic ICtivities. CGP Commillioam and City llaff coordinate
volunteers and other raoun:es to provide neipbadlood and COlmlunity activities. In 1997,
COP plans to expmd our OUllelch in the community followinl the Keep America Beautiful
educational model.
Clean, Green and Proud (COP) proposes to continue the six yes tndilion of raising
community awll"eneSS on issues of civic pride and resource con. \'Ilion. CGP will continue
to seek donations from individuals and companies to accomplish the pl of maltin&
Englewood a better place to live and work. In order to provide an estimared S33,62S worth of
these services to En&tewood in 1997, the Clean, Green and Proud Commission requests City
of Englewood funding in the amount of SI I ,S2S.
The CGP Commission provides direct aervices to Englewood in the following activities :
Geed Neipbor Days are held on the three Sllurdays in May when nei&hbors get
tasether to clean out buements, Illies, yards and alleys . Englewood residents are
provided reduced fees at the Trash Tl'llllfer facility. COP volunteers provide
marketing and education for the event and administer a S 10,000 tipping fees pant
from Waste Manaaement. Inc. Volunteers peer residents and request a nominal co-
Clean , GrNn & Proud Commilllon • Clly " Eng!Nood
3400 Solih E .. 1 Stl'Nt • Englewood, CO I0110 • (30:I) 712.2341
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l.cttcr to Ena)cwood City Council from Clan, Orem .t Ploud C-itsion
payment. Other volunteers help residents unload lheir debris. Volunteers are also
watching for items to recycle and sell at the CGP community pnge sale.
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Good Neighbor Days replaced a costly spring cleanup program where residents were
pennitted to place appliances, COIISlnlCtion material, yard debris, furniture and other
materials It the curbs in front of lheir homes. That activity cost the City tens of
thousands of dollars annually. In 1996 the Good Neighbor Days event grew enough
to use the entire $10,000 grant from Waste Management. 1996 wm also the first
year for requesting co-payment for the service to be able to expand the number of
households served.
BCMUellold lluanlNI Material...._,. were c:onducted twice in 1996, in July
and Seplember. More than 180 houleholcls were served. Residents brought an
average of IO pllons per car of products that are difficuh to dispose of properly,
including paint, thinners, oil, paoline, anlifreeze, and car batteries. New this year,
was the effort to educate Englewood residents about Olher appropriate recycling and
disposal methods that are available year round.
The Roundup is the most expensive single activity that CGP coordinates.
Nevertheless, improper disposal is many times mcwe expensive. For example,
disposing of a SS pllon drum of med oil from non-commen:ial sources costs COP
about SlOO. A SS pllon *11111 found in III alley com $500 to test and then upwards
ofS2,000 to remove. Some boulehold ca-ic:als may find their way into sanitary or
storm sewers and the City may incur pollulian conaol costs. Co-payments for the
Roundup exceeded the ~ SS per whicle 90 that over SI 000 was raised in co-
payments in this activity.
Lear A Tin C 11111111 will be offered• bar camecutive Saturdays this fall.
CGP m amounced dlis acavily far tM ... two Sllurdays in October and the fint
two Sllurdays in Nowmber CGP provides this ..vice in c:oopention with City of
LittlelOII IO the ...... oflla* U... ad Eapwoocl. The direct disposal COS1S
of this activity are paid by *-leavma leaves or tires. Promotional costs are
incuned by the 0-ieian.
The GIN .... A-Tlla is canducled • part of a llllional c:anpaip duriJI& Eanh
Week. The Glad Company provides the trash hip and the Commission enlists
volllllleelS to accept the blp and the responsibility b orpnizina a neipborhood
baled trash pick up activity. This hands-on project is symbolic of what can be
accomplished when we all "pitch in."
The Alley Clluap Demonstration Project is new for 1996 and intended to enlist
nei&hborhood volunteers on a Samrday in October to "lake back" alleys that have
been overtaken by debris and nealect-Thanks to a donllion by Laidlaw Systems, the
activity will expand CGP's ability to aerve the community without expmding our
budpt request.
The Enpwood community benefits from our activities in 111111y ways. We help residents
enjoy and enhance their neipborhoods, we work with titians to protect the storm and
sanlwy aewer systems by facilltlti111 proper disposal of paints and oils, and we aid the City
enforcemtnl staff by reducing the number of yard and alley complainls .
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The Clean, Green and Proud Commission proposes 10 expand its educadonal efforts 10 the
Englewood community in 1997. The Commillion is considerina the opportunities for
providing the Keep America Bauliful curriculum 10 11'1& schools in nspome 10 requests
received for usistance on issues of approplWe disposal, reme and recyclq.
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Successful completion of our 1996 IClivitia demomla*5 our 131*ity 10 organize events
benefiting Englewood. The --.;es UNd democ.s111a our lbili1y 10 build community and
provide the services in COS1 eft"ec:1ive ways. In our amual report 10 '"Keep America Beautiful"
(the parent orpniza1ion of Clem, Green and Proud Commission), we documented that in
1996 for every SI of local &owmment support &iven 10 COP, SI worth of benefus are
mumed 10 the community. JUS110 recap bow we lllmCbed raoun:es:
• COP collec:1ed co-paymea11 for Good Neighbor Days 10pther wi1h SI 0,000 grant
increae the number of boulebolds ICCOIIIIIIOdlfed
• COP coUec:led co-paymeall for HOUllbold Hamdous Malerial Roundup
ofl'leain& almalt 25% of the dilpoul collS
• COP pases llon& our COS1 for 1ires disposal ll the Leaf and Tire collec:1ion
• COP held a community pnge Ille wi1h hims culled &om Good Neighbor Days
• COP bolled Olher ftmd raisins ICtivi1ies included selling soda ll the
Enpwood/Lildelon July 4 Community Festival and hosting III annual aolf
tour.-it
COP ac1ivi1ies are _ _.., ....... -ally drma. Community educllion
c:ampaips for recycq and municipal IOlid W8lle collec:1ion are plamed. Commillioners
Slafl'ed boodls • the "On Soudl Broadway" nelpborbood pdlllinp and addrmed the
Neipborhood Wlleh poups pn11110Ci111 a clemer, pwl' and prouder &lpwood. COP
received lipificant and positive .... CCM111t in 1996 and dilcmad ,..._. illues in the
1eaas 10 the edilor paps of the &lpwood Henld. COP w 1+ 1111 ~ • the Founb of
July Celebiibiii and wiU be 1+....-I •the..--. &lpwood Parade. In lha.t, the
Commission is III ac1iw and posi1ive force in the COllllllunity and ·+-a pod
invel1lnenl in Enpwood's fulu.e.
Plew help 11110 con1inue this impal1lm wort, by providina the City prapol1ion of ft.nds IO
conduct Clean, Green and Proud IClivitia in 1997.
Sincerely,
~'1)~
AM Nabholz, Chair
En&Jewood Clean, Green and Proud Commission
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Citizen• to Save Colorado'• Publlc Truat Lande
11so .... ltlMt. lull 220 • Denwr,co 80202• (101)171-317111111 • Pa(303)17W7IO
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...,_.., c11a1r BACKGROUND INFOR~TION ON AMENDMENT 16
lqAllmer -
Co-Cllatra
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What arc the 11bHc &ruat •u•tT
• When Colorado became a 1tate in 1176, the federal 1ov_emment . 1ranted 4.6
million 1urface and mineral acru to be mana,ed for vartou1 tru1t purposes .
• The majority of the revenue 1oe1 to the school trust, which benefits public
Jt-12 education.
• Colorado's Constitution currently requires the State Land Board to "secure
the maximum pouible amount" of revenue from manqement of the state
trust lands.
What 1, &be Colorado State •••• Board?
• The Land Board coulsta of three full-time commi11lonen, appointed for six
year terms by the Govemor and confirmed by the Senate. The board serves u
the 1ole trustee for the state trust lands.
Row 4° the aubUc KhPAI• beACQt from tbe ppbUc tryst lands?
• In 1876, the acltool trust wu the sole source of income for Colorado's public
schools. In 1994-95, income from the manqement of Colorado'• public trust
lands wu $1 .7 milllon, leas than one-third of one psceat of the 1tate'1 S3
billlon public education bud1et.
• Revenua from the we of achool tna1t lands cuDOt be llled to buy aew
land1, but are placed lato a permanent 1cltool fand, m...,ed b7 the State
Treuurer. Tllere ii aow approximately $229 million in the fund. Only the
interest from the faad, not the fund Itself, can be used to 1Neefh public
1chool1.
6°• m c,11rad1'1 11bUc ton •1141 at du?
• Driven by a 120-year old Coa1tltutloaal mandate to mulmize revenue, and
without authority to buy land, the Land Board coatiaa• to aell and develop
public tna1t lands. This la often In conflict with the dalre& of local
1ovenunent1, cltlzeu, and school dl1trict1. Over 1,000 acres of public trust
lands have been 1old in 1994 and 1995 alone . The development of these lands
contributes to unconuolled 1prawl and the 1011 of qricultural lands that help
preserve open apace.
• Of the orialnal 4.6 mlllion surface acres of public tru1t lands, about 3 mlllion
acres remain.
• ne 011anlzatloaal structure of the Land Board bu been cltaracterized In a
study conducted by the Natural Raourcu Law Center at the Unlvenlty of
Colorado u ·unwise and . .. unworkable.• Becaue of tills structure, the Land
Board 11 lteld iccountable to no one.
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What arc some c11mg1cs or thr11&1nc4 DYbUc &tA•t lands!
• In the Colorado State Forest, located at the headwaters of the North Platte
River adjacent to two wildemeu areas and the Rocky Mountain National Part,
a Califomia developer taraeted 4,200 acres for a .new 1ti area, 700 condos and
150 homes . ·· ·
• In Colorado Sprin11, developers proposed a lu1.ury home development on a
640-acre forested open space parcel, known u Section 16, that provides major
recreational trail linta1es betwMJ.1 Colorado Sprin1& and Manitou Sprin11.
• In Routt County, the Land Board sold off several 35-acre parcels of land
bi1torically leased for qriculture, over the objections of the County
Commiuionen. .
• In the Denver metro reaion, plans by the Land Board to crate a bou1ina
development on the 26,000-acre Lowry Ranae property have alarmed school
officials of the Cherry Creek School District over the impact it will have on
local 1choois.
Who arc Citiun• to Saye Colorado'• bblic Im•& '••41!
• Led by Govemor Roy Romer, Citizens to Save Colorado'• Public Trust Landa is
a .coalition of educaton, envlronmentall1t1, local officials, and bu1ine11 leaden .
• Chan1in1 the mi11ion of the Land Board wu one of tbe top
recommendations to come out of Govemor Romer'• Smart Growth proce11 .
The coalition evolved from this procea1 and bu worked IO craft Amendment
16 and qualify the initiative for tile November 5 election.
What will AmcndmCQt H 41? Jt will •••
• Require tile Iona-term atewarclllllp of Colorado'• pablic 1n11t luda, by
reco1nizin1 that lon1-term econoalc productivity 11 depeadeat upon
protectiq and enbancin1 beaaty, natural valaea, open apace ucl wildlife
habitat.
• Direct the Board to prevent 1lpiflcaat 1011 of lud -..
• Create a 300,000-acre atewardlbip trust. The tnaat wCMlld be let up daroup a
statewide nomination process. Thia would pnaerve Colondo'1 molt precious
public trust lands for open apace and wildlife habitat .for flature 1•eratiou.
• Set up a more representative Board that Includes aeabenhlp with
representatives from natural re1ource conservation; qrinlt11re; education;
local 1ovemment and land use planniq; and a cld&en at t111e.
• Generate more money for education by allowba1 the Sute Treamer to use
money In the public school fund to invest in school di1trict bond luua, loan
money directly to 1chool districts, and eahance tile credit of achool district
bond i11u11.
• Benefit local school districts by u1urin1 that re1ldentlal, commercial and
Industrial development on public tna1t lands wlll not flartber crowd them or be
a financial drain. Provide local school• ace•• to pablic tnaat lands for
. bulldlna sites and outdoor education.
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AMENDME~T 16: Q and A
l • Wbat 11 Ameadment 16!
Aeed-t 16 would c-,e tu mt1Uoa of dt• State Board of Lad
Coami•ioa.. from tbat of MC'Drinl "muimam rev•-· froa die
-, .... , of die etate'1 J ailli~ -of pablic tnalt luda, to -of
cnatiD1 •coalilteat nvea•• ovw ti-. Ia today', IINvy powtb
climate i• Colando, die audit• i1 011tclated. TIie lead ooaaiMioa ..
a three-member, 1ov .. or-appoiatecl board awvma lill YNI' taaa ••
bave been obliptecl to Mll lead off to tbe M,ia.t bidder, -y Ii-ia
oppoaitioa to local lad -polici•. TIie al• of pablic lrlllt llacll Ml
beea iacnuiq, iaclaia1 ..,.. dlu 1,000 acna aold ia 1994 ad 1995
·· aoae of wllida -critical opea apace parcell. TIie anmd-t
wOllld curs• .... bNrcl to ...... .. trut ..... ia -Y• ..... couarve
tbeir loq-term valae.
2 • Wbat are tlte pultllc trust •••••T
Colondo'1 pllblic trut lacla ... pvn to die .... by tlll ledll'al
pvera-t at 1tatelloocl primarily to ,._. .. iaooae to 1-,port it,
public 1elaool1. Of tbe oripaal 4.6 million -. J aillioa _. today.
l•c:o-from die rev•ue ......... by . daa pablic .. tnlt ludl
coatribllte aboat Sl.7 cillioa towanl tit• etate'1 .....i ~ of SJ
billion for pllblic 1ebool1 {I•• tban oae-tbird of -,...,. 1lle lad
boanl l'UMI N¥aM off die pablic tnlt 1acla l,J ._.. _. .. oil,
111, arula1 ad l9CIUliOD, ead by Nlliaa off ,-oala.
J • Will Aae .. aeat 16 rNace 1dtNI f•••l•tT
No. Scliool cliltricta .. ,...a_. a Clrtaia .-of ,-.,..u
.,._., bJ .. 1epa1a1we aac1a ,-. aicb ii aot .,.._... by
rev•-,_. ... froa die ,altUc 1ra11 ...... ...,_. fNa ..
Pablic Trut Lucia will CNtiaM to nppa.-1 die filca1 ...... ..
Coloreclo 1ebool1. TIie An11f-t -Id nab die lr1llt -'-eficial
to lcbool di1trict1, however, by nakiaa die trut'1 ,-nmmt ,....
available to buy or ,....... local acbool diltriot ._., • to ....
lous to acbool dillricta. Facla for capital iav..._. la Nllool1,
aapecially daON ia nara1 .,.., wllere property val.. .. loww, an
difficalt to -by .
4 • Will Aneada•t H llelp preaene tlle paltllc trait la•••'
Y•. a.... 295,000 ead 300.000 -of die aoat critical ,.... of
re•l•iaa ,-blic trut ..... .... ... ....... tllloap • .........
aoclutioa procea, to be protec... ia a .......... trut. TIie ..... ia
llla trait .... IIOI ... availallle for .... TIii Acx C C ..... ....
promote better w of all ... lnlt ..... for tllair a., ...
prodactivity. TIie MW _.... .,.... allow die ...,. _. ....._
la deterniaiq bow beet to lloQ ,-.re revaa.. • •' ,._.. ..
1tate'1 qrioal1 .. 1 lteritap _. MtllnJ lleuty .
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CC CO) llJNTY (l ~
PUBLIC TRUST LANDS
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Amount of Public Trust Land (surface acres): 40,165.82
Rank: 29 out of 63
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Decrease of Public Trust Land since 1993-94 (surface acres): 157.76
Public Trust Lands Open For Recreation (surface acres): 0
Under High for Development (surface acres): 24.704
Location:
-Buckley in Aurora: 62.67 acres on Buckley Rd., South ~ 6th
-Eagle Guieb: 640 acres
-Lowry : 4,• acres East ~ Aurora Reservoir
-In Littleton: 1.485 acres near Littleton Blvd. and Prince I .
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EDITORIALS
Preserve Colorado's lands
Back in 1876, the feder-
al aovernment pve
the new state of Colorado
a birthday pment: 4.6
million acres of public
trust lands.
For a time, manqe-
ment of that property
provided the only aource
OUII VIIW: of fllDdl !or Colondo's
lt'alllalrtollea public 1Cbool1. Today,
...... ,.,.. however. the public ttuat
......, 1anda con~triabout ----· S25 millioll) nnually
(IIIOlt of which coma from OD
proceeds of prior Illa). In c:aae, 125
million ii leu than one-bait of ~ percent
of the ltlte'I $.1 billion educatioD ~
Nevertheleu, all tbete years later, Colo-
rado'• constitution 1ti11 madatea that the
three-member, ~-appoimed State
Land Board obtain the "mmmum pouible
amount" of reftllue from the maacemmt
-or ule -of the trutt Juda.
That means, aw Gov. Roy lamer, that
the board ii coaatitutioaall required to Nil
foreau , recreation area and open apace "to
the m,hest bidder." In fact. men dllll a
third of the lad srated to Colando bu
been sold, with 8.000 aaa auctiaDed al in
1994 and 1995 alone.
Romer wanta to cbaF !he .,.iam. He
arlllft that the Swe Land Board lbauld be
liven the latitude to take naa-maaetary
factors into account u it IIIIIMlpl the re-
. . public tnllt lada. ~ lbowd have ... broader pur-
poae," be Mid. one that would inchade
enc~ Iona-term a,ria<unl actmty ,
maintainmc the stability of niraJ communi-
tin. prelefflJII wildlile habitat and "the
beauty of Colorado in certain lutina ways."
An initiative to accompliah all this by
c:hanaina the wordina of the 1tate c:onatitu-
tion wilf appear on the ballot in N~.
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Alli.A.IP A.IHI (Q) 1E
(C (Q) lUNT'JY {) §
PUBLIC TRUST LANDS
Amount of Public Trust Land (surface acres): 40,165.82
Rank: 29 out of 63
Decrease of Public Trust Land since 1993-94 (surface acres): 157.76
Public Trust Lands Open For Recration (surface acres): 0
Under Hip for Developmmt (surface acres): 24,7M
Location:
-Buckley ia Aurora: 62S1 acres on ~ Rd., Soulll ~ ~
-Eagle Guida: ... acres
-Lo.·ry : 4,111 acres Ult ~ A•ron Reservoir
-In Littlecoa: IAIS acres --UUlelon Blvd. amd Prilltt
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Citizens 'to Save Colorado'aP.ubllc Trust Landi
15SO 11111a IIIHt • Sula 220 • DenV9r, CO 10202 • (303) 573-3171 d 15 • ,. (303) 913..S~~o.
Honorary Chair
RoyAomer -
Co-Chair•
Dan Allctlle
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Orpnlzation (tf •)'): -------------~~--
.. nu. (If any): ----------....-----------
Addi.-. _______________________ ~
Phone: ----------,_ ----------
Your help• a CDll1lllon member ol Otlzaw to Saw Cdanldctl P\Mc 'INll lallda 11
the by to WINNING thla tmportant dttan tnfttllllYe: 'l1we .. _.... Wayt )'Oil ,
can cantrtbule to the c:mJltton. ,..... Ill• llnow an the fDJlowlna llt ""1lllt ya11 •
~to helpWln tha can.-ian and poled apan ...... '
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. -WJt1t,w • laltlrta a. edltar of my llxal MWlf F
-..... •m•lbatkwt ID OIIIINta 5all9 ca.. ..... We 'INlt lalll.
-l'NMdlnan•11benNpllmtolhec:a1, •rfar .......
..:..·Halllnt•halaperty . .. ,
_ c.11na ta tnww1 ClllaW tn Ille cm, J "F
· _ Pt Hll•tt an a1k1e In ar .. •llllNI MUillltlll ..
_ Taidl'I ID laca1 p.-~ GOUid llllp wlh the c:at p ...
-~~blllaat\ll'8dlafl'1llwll ..... -
-Puttwta a lawn. In my yad
-on. Cpllille delcltbe~
'nwlk )'OU for .-111,. the c:ampllp Your euppart wll hllp p'OIICt Calarac:lo'I
open lpllcel tor future ..,..tlanl and prol8d .. 1119'11 Nal)llln• ~ 1M
ltall.
PINN md tHl bm blCk 81 IOOI' • pmllbl& '1111 •1..-, ..... sn-a7ID.
Pai4 IJDr Iii, Cl1lsen1 to la.,. Cnlorado 't MIN TNII Lu.te • Dee Wll9r, T--
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WHEREAS ...
WHEREAS ...
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Relohdiall
Amendment 16: Public 1'nllt Landi
CoJondo 's future peatly dependl on bow well we protect our open spaces
and wiJdemeas areu. which comrllute to the DllUrll beauty and bollllliful
wildlife that make Colorado aecond to none;
.Population ,rowtb and urban sprawl poae real lbreala to our quality of life
and the quality of life we will pus on to our cbildren and their cbildren;
When Colorado became a Stale in 1876, die i*rll ,OWIIIIIIIIII pared
4.6 million surface and mineral ac1U of land for a ll'lllt to provide for pu* education. Colorado's pmmi COllllilutioall clirectM ii to "lecure
the muimum possible amomu" of meaue from tbele IIDdl. wbicb bu led
to the selliq off of o• 1.6 million of dlele precious pablic tnllt acrea to
the hilhest bidder.
Amendment 16 would mandate that the Stare Land Board cbaJl&e Ila
mission from seDiq off our precious open space to aettq polidel which
would produce "ralolllble and comiltent" income owr time and create a
special 300,000 acre ateY."ardlhip tn11t to protect Colorado's prildne acres
for future pnerations; ·
Amendment 16 would llelp ICbooll ,enaare more maue o• the Jona
term and allow fllnda to be loaned to pooNr ICbool dillricla for bnflcti•p
or to paramee or pun:bue ICbool dilUict boadl;
NOW lHERER>RE. Be it raolYed, attonalY llldonea
Amendment 16 on the No..._,. blDot wbicb would protect
Colol'ldo's an:e open apaces and.,..,,.., public tn11t llnda from
further deYelopmml: and.
further raohed, adlortm a propa to
inform the public of 11s auppon for Affllllltnnt 16 and IIIJIII diem to lend
their individual and collectM aupport for die,_.. of Amel $WN 16.
Pleue retim ttis form to: Cllzerw to Save Cokndo's Nile TNll IAnda
15]0 Blake Snet. Sule 220
Denver. CO 80202
(]03) 573-3871 ext.315
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if I•• Hf I 1•1 111 9 111 1
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Citizens to Save Colorado'• Publlc Trust Landa
1130 Blala Snet• Sulla 220 • Denwr, CO 10202 • (303)17Wl71 1111 • Fa(303)173-3710
,norary Cllalr
,yAolMr -
:a-Cllalra
Ill Allcllil .........
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Sepwnbet 23, 1996
Dar Metro Area Mayer,
Thank you far allowing me to SDelk at your Metro Mayon Caucus meean, Jut -· ·
Friday. As I mentioned, tbe Co)ando Coaatitutioa currentl}' requires the State
Land Board to maxinrize revenue &om ltllC 1IUlt lands, witbout reprd far the
lon1-te.nn value of tbe land.
It is critical to our future that we deYelop a wa_y to manaae these lands for the
lon,-term benefit of Colcndo. Members of 1be enviroamental, education,
agncultural community, business leaden, community leaders and others have all
come toaethc:r to take action. ·
Concerned citizens &om all over Colorado have joined me in ID effmt to n=form
the Constitution tbrouab Ama¥bneat 16, wbicb will be on tbis November's ballot.
I would be honored if~ would mmwt tbis ca; effan. Your support is
important to tbe succas of dlil ~-I bape ,-be a part of this c:mical
effort. 1be Colcndo Maicipll Letpe llils llnlldy eadaned and I have
included a copy of die ldicle tblt appeaed in dleir September DeWllelta'.
Alllebed to dlil llllllr ii• eaclarWlll bllL I~ yoa to fill it out and
remm it to die campeip I .-laawl 11111 die Mello .llaJID Clucas ii lllo coasiderina ID arpenaaeeJ .......... wllicla woaJd be YW1 llelpful M well
Pleue feel fnle to ca1111ct die,.,,...... alice It (303) 573-3711 with my quemcaa. 'l1lat ,. far ani+Phla ... malll ~ du UllpCll1llt cilia
efbt.
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Amendment 16: Enhancing Open Space ·
Preservation Efforts T"" Colondo Mwu,ip,J
lie schools . About $25 million WU of the initiative is deemed to be of
Leque supports the pas-generated ;n FY 94-95 for public p-eatest importance in tmDS of pre-
saae of Amendment 16, an schools. serving the lona-tcrm quality of life
initiative that proposes to Approximately 60,000 acrea of in Colorado, especially coasiderina
reform the S1l'UCtUl'e of the State sute lands have been idemified 11 that open space is beina lost to
Land Board and broaden the consti-being "urban" in cbarlcter. Some of development at an alarmiq rare in
tutional mandate govenun1 millions the more heated comrovenies about some pans of the state.
of acres of state-owned lands the use and developmem of Stale This open space component will
located tbroupout Colorado . lands have ariseD on tbae tncu. for . complement etf'onl at the municipal
Analysis
example near ManitoU Sprinp and level to achieve the ame purpose,
Steamboat Sprinp. to comerve ap;cukural and ranch
This proposal is, at least in pan. a A few of the more promiDellt Cea-lands, and to maimain physical Mp-
product ofQov. Roy Romer's tures of the IDCUlft are: &ration between comimmities. Open
"Sman Growth and Development" • it cbanaa the mission of the apace praervalion bu emerpd at
initiative. It is board from or oar the top the apada for more
bom of pneral .. maximizina rev-md more municipalities as an
concern about the enue" to ''produc· iDc:nlum1 number of cities and
preservation of ma reuoaable towns are earmarkma IUes for open
open space, dis-md c:aaaiatmt apace pracrvatioa, calliq fbr uais-
puies over the income over cm:e from the Grat Outdoors
sales of stare cimc"dsoqb Colorado nu for dlia parpoae, mc1
lands for deYelop-varioaa 11111111; foqina relaliOlllbipl with aatioaal,
ment in IOIDC • Nqairea tbe -and local illlCl CCIIIISWDC)'
areas of the swe, board 1IO -aide poups.
and the idea cbat 300,000 acra for Orber upecll of tbe illitialive cbai
die coaaritutioaal Ille primarily u are of the pW muaic:iplJ iaaat
provisions cur-Gplill lplCC; iDchade • proviliaD .. woald
reatly aovemm1 • c:baqea tbe require die illlCl board 1IO camply
the State Land compoam.-of wi11l local illlCl ._ Nplaciam md
Board are simply archaic . tbe board from plaaa iD m-p,1 _. lads and a
The measure cJlaqes the basic tine paid to six vol11111111r IDllllbln ~--widl local around Nies tlw direct the adminis-appointed by the IOVWDCr. and aownimmr aplrilac9111 ,...
!ration of over 3 million acres of • provides variOIII apeciftc metb• 111119d OIi die board.
sure-owned llDd localed throuahout ods to expand tbe IIIIDDlr iD wbich
Colorado, most of wbich ii held in tbe stare lands and tbe moai• For IIION ~ or ,o lad
lrUSt to support K-12 education. derived tbcrefrom CID Uliat scboola. your peno,u,I AflllO",,,. ~
Prescmly, tbe land board pnerates Municipal interests tWUIOltel IO 1M t:ay1llip 111/;Nor
rcveaue from surface leua for •an· of A"'°""'6N 16, COU1et CIIINnl
cultural and ruchiq operations, oil For many of die propamm of ID Sow ColorMO Publ/.c 1Jwt
111d ps royalties, iDtemt illcome, Amendment 16, includiq die aov· Ullllb. (JOJ) S1J-Jl11
wl tbe occuioaal ouuipt sale of emor himlelf, lbe prllllUDllll llp•
property. The board opemes with a ment in favor of die illirillm ii tbl
linll•·minded constitutional man-permanent let uida of II laut 10
date to "muimize revenue" for pub-percent of .... -owaed 1-la f'or
open space . Tllis panicwlr f'llmre
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PROCLAMATION ,*~
WHEREAS, fire deaths due to smoke inhalation outnumber fire deaths due to ~~
burns by more than two to one; and
WHEREAS, smoke detectors are our first line of defenae against fire, research
shows that having a smoke detector cuts our risk of dying in a fire nearly in half; and
WHEREAS, even though 90% of U.S. Homes have at least one smoke detect.or, estimates
show that about one-third of all homes that have fires have smoke detec:tora that ant not
working, usually because of dead or missing batteries; and
WHEREAS, the National Fire Alarm Code requires smoke deteetora outaide each
sleeping area and on each level of the home and recommenda teatinf smoke detectors at
least once a month; and
WHEREAS, a smoke detector that isn't working can't protect us from deadly smoke and
fire; and "Let's Hear it for Fire Safety: Test Your Detectors!" is an important message to
communicate to our community; and
WHEREAS, the Englewood Safety Services Department, Fire Division is dedicated to the
safety of life and property from devastating effects of fire; and
WHEREAS, those members of the fire service are joined by other concemed citizens of
Englewood, as well as businesses, schools, service clubs and organizations in their fire
safety efforts; and
WHEREAS, the local efforts of the Englewood Fire Division are supported by the
activities of organizations such as the American Burn Association, the American Red
Cross, the Congre11ional Fire Services Institute, the Fire Marahala Aaaociation of North
America, the Intemational Allociation of Anon Inveatiptora, the Intemational
Aalociation of Fire Chiefa, the International Allociation of Fire Fiptera, the
International Aaaociation of Black Profeuional Fire Fiptera, the National Auociation of
State Fire Marshals, the National Fire Protection Aaaociation, the National Volunteer Fire
Council and the United States Fire Administration;
NOW THEREFORE, I, Thomu J . Burns, Mayor of the City ofEn,lewood, Colorado,
hereby proclaim the week o{Oalllar ... .....,... .........
,ms JIIISYDft'IONWDll
which commemorates the great Chica,o Fire of 1871 , which killed 250 peraona, left 100,000
homeless and destroyed more than 17,400 buildinp. And call upon the citi&ena of
Englewood, Colorado to participate in fire prevention activities at home, work and ac:hool
and to heed the message : "Let'• Hear it for Fire Safety: Test Your Detectors!" as the 1996
Fire Prevention Week theme 1u,reata.
GIVEN under my hand and aeal this 7th day of October, 1996.
Thomas J . Burns, Mayor
·a Pt1r'\teJ on Recydea Paoer :..._
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PROCLAMATION
WHEREAS, the vitality of our nation depends on how eafe we keep our homes,
neighborhoods, and communities, because crime and fear diminish the quality of life for
all; and
WHEREAS, people of all ages must be made aware of what they can do to protect
themselves, their families, neighborhoods, and workplaces from being harmed by
violence, drugs and other crime; and
WHEREAS, the personal iajury, financial 1088, and community deterioration resulting
from crime are intolerable and need to be addre88ed by the whole community; and
WHEREAS, effective crime prevention programs excel because of partnerships among
law enforcement, other government agencies, civic groups, schools, and individuals as
they help to rebuild a sense of communal responsibility and shared pride; and
WHEREAS, crime prevention initiatives are more than self-protection and security, but
must promote positive alternatives to delinquency and drugs among young people and
emphasize the power of youth to better communities;
NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood, Colorado,
hereby proclaim tbe ....ta alOatialla' 1111 as:
in the City of Englewood and call upon all citizen,, SoVemmental agencies, public and
private institutions, and businesses to increue their participation in our community's
prevention efforts and thereby promote rood citizenahip.
GIVEN under my hand and seal this 7th day of October, 1996 .
Thomas J . Burns, Mayor
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·e Printed on Recyc l•c "aoer = •
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PROCLAMATION
WHEREAS. it is known that several hundred women will be diagnosed with breast
cancer thi s year and far too many deaths will occur from this disease : and
WHEREAS , early detection could spare as many as one third of those lives ; and
WHEREAS , re search shows that a very small percentage of Colorado women are
getting screening mammograms in accordance with national accepted guidelines ; and
WHEREAS. many agencies and health care professionals have joined together to
encourage Colorado women to become aware that they are at risk and to check with their
doctors about thi s devastating disease and about the need to get a mammogram :
NOW . THEREFORE, I, THOMAS J. BURNS, Mayor of Englewood, Colorado.
proclaim October, 1996 as
BREAST CANCER AWARENESS MONTH
in the City o f Englewood . Colorado.
GI VEN under my h and and seal this 7th day of October , \996 .
Thomas J. Bums, Mayor
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PROCLAMATION {'
WHEREAS, the United Nations declared the decade of the 90's u the International
Decade for Natural Diaaater Reduction; and
WHEREAS, the goals of the Decade and the American Red Crou in ita community
diauter education pro,ram are:
To significantly increase community disaster education by:
• Delivering education and training activities deaiped to raiae the level of
public preparedneaa;
• Targeting special segments of the public, npecially thoee at ll'Uteat riak;
• Collaborating with the media to improve community preparedneu and
response; and
WHEREAS, neither ll)Vernment nor voluntary emerpncy response orpnizationa can
be everywhere helping everyone who needs usiatance immediately followin1 a cliaaater;
and
WHEREAS, there are preparedneaa actions people can take to increue their chances of
survival and ability to cope in a ranse of diauter 1ituationa; and
WHEREAS, became individual citizens, familiea and neipborbooda are always the
tint line of protection in a diauter, people have a reapouibility to learn about the hazards
they face and bow they can prepare for them; and
WHEREAS, the City of Enslewood Department of Safety Servic.. baa implemented a
Community Emerrency Response Team Pro,ram;
NOW THEREFORE, I, Tbomaa J. Burns, Mayor of the City ofEqlewood, Colorado,
hereby proclaim tbl4ilr., .......... __
in the City of En1lewood, Colorado and encoun,e all En,lewood citiwll and buaiww to
promote this International Decade for Natural Diauter Reduction.
GIVEN under my hand and aeal this 7th day of October, 1996.
Tbomaa J . Burm, Mayor
T ·e Pron te d o n Rec ycled ~ac:e< ~ -
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PROCLAMATION
WHEREAS, the Englewood Buainesa and Professional Women's Organization
strives to elevate the standards for women in buainess and in their professions, aa well as
to promote the interests of business and professional women; and
WHEREAS , the Englewood Buainess and Professional Women'• Organization
strives to bring about a spirit of cooperation among buainess and professional women of the
United States and to extend opportunities to business and profeuional women through
education along the lines of induatrial, scientific, and vocational activities; and
WHEREAS, working women of the United States comprise over 5()'ll, of the
employed population of this country, and they contribute substantially to the sound working
st ructure of our nation; and
WHEREAS, it ia the desire of this Council to honor America's working women who
are devoting their time, talents, and energy to aaaiat other women to achieve the
recognition and respect they deserve in the business world;
NOW THEREFORE, I, Thomu J. Burm. Mayor of &be City of Englewood,
Colorado , do hereby proclaim the week oto..a.r• • up II, 1111 •:
N1tl•al h±••W-'aWeell
in the City of Englewood, Colorado and urp all citizem to join in the observance by living
their support to this organization, itl memben, and the working women of thia community
not only during this week, but through the weekl that follow.
GIVEN under my band and Hal this 7th day of October, 1996 .
Thomu J . Burn,, Mayor
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~ Coloado IOllO
July 17.1996
11le H.rmmble 11lomls' 1. Bums
Mayer. C-11:y ofEapwood
Maabal ofdae Eapwood City .CoaDc:il
)400 s. Ela SINet
&pwood Colando IOl 10
Oar Mr. Burm aad Mlmhm ofeo-:il:
JUL I 9
It is with Npet I idxm yo11 I•~ ID accept my appo" I +" ID die~
Clem. Olem aad Ploud Conwriseim I•._.. .. City Camacil lpl*oved my
DOMiNriaa. bowew:r dlll ID aiNIII& claap ill my....,... I will be'mlJle ID deYOIC
1beDIC y ..,.f,-IObeacmerilP:t' ..... ID .. C fW-
SiDcawly.
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3265 So . Race St. I 6
TO:
Englewood. CO 80110
September 17, 1996
Mr. Doug Clark. City Mamaer
Englewood City Council /
Members of the Englewood Water and Sewer Board
FR.OM: Don Fullerton
SUBJECT : Raignllion from the Enpwood Water and Sewer Bolnl
It ii with great resret that I 1111 ammittiac my raipation to the W..-and Sewer Bolrd.
I haw bid the opportunity to mve on this board for 1pp1oximllely 26+ yean and haw
enjoyed that opportunity immalllly. (I WU appointed for my fint ............ City
Coumil member in 1967) It bu been a privilege to haw bid this mocialioa with 10 mny
fine citizens of Englewood .
I ltl'On8IY recommend the appointment of Mr. Gray Clark as my replacement I know
0ray very we0, appreciate bis eaainees ina background and bis um interest in becomins a
active member oftbis board . Gray bu visited the Board on one occuion and was
impiessed with the work we acc:omplilb for the City. I know the decilion ii the
raponsibitity of the City Council but I hope you wiD pe Gray your comidenllion .
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COIINCI WL MD PIIEVIOUI COIN:IL. M:nON
...... •for• Olllll•m app,o.ti,g
cllangll lo TIie 5, a..-1
(Qlnlrll) ........... ................... ........
a..,
1'11111111 for• Oldlnance m*8I c:llangla to TIie 5, a..-1 .... ca, Cella,_,,___ 8111 Cllapllr' flam
.. fflfe! IIW llcllllea rnorllOflum elllallll bf lie CIJ Coundl.
Atlle lllyt, 1• 11u11r Nlliorl, llaff...._. ...................... Coundl. OnJune 3, 1•.
1119 Cly Council INd Ind PIiied Od•m 25, ..._ fll 1W 011 IIIII ....... 1'1111 Onlnlnce Wllllllllliid 1119
fflClflllDrtum lo run flam June 10, 1• 1o Dlolnlllll" 10, 1•.
RKORZEIDB> ACTION
8laff Wllftllllll Cly Council approve 81111111 for• ........
UCKGROUND. MM.ftll, MD ALTBINATIVD Wirilu
TIie 5, Cllaillll' 1 -parl flllle ................. OIi June 10, 1-. TIie pnwlllol• In a..-1 ..
..... In 11111n _, applJlo al llcllllea 111111d under TIie 5. Tilll9 .............. niide lolhla
Cllapllr'. TIii IIIOll llglllk:llll dllllge II 1119 IWlllll' In lllhlclh fNI .. • 2 7 Piid. Fw wa be,..... Ind
• .., Cly Councll l9ICIMlon.
Nollanlllhea .... ldlllllled.
PINNICIM. .. ACT
1'1111 a._,doel llCII In ............ Genlrll fund ......
LIIT OP AffACIZEtTI
Copr ... 1111 for• .....
Copr of propwd TIie 5, a..-1
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
ABILLPOR
OOUNCU. BILL NO. '9
INTRODUCED BY COUNCIL IIJQQlBR ______ _
AN OIDINANCB ltBPBALING T1TLB 5, CIIAPl'Bll l, or THB ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO GENERAL UCENSE PROVISIONS
AND D-BMACTDfG A NEW CIIAPTD 1.
WHEREAS, the Englewood City Council establiahed a temporary •uapenaion or
moratorium of certain miscellaneous bmin .. licenaea for a period of •iz mcmtha
with the passage of Ordinance No. 25, aeries of 1996; and
WHEREAS , the moratorium or temporary IIUSJ)l!D8ion of miscellaneous business
licenses included General License Proviaion1; and
WHEREAS, the provisions in Chapter 1 are pneral in nature and apply to all
license& iBBued and eatablished under the other proviaiODI of Title 5;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
So;tjpp 1. The City Council of the City of Enpewood, Colorado hereby amends Title
5, Chapter 1, of the Enclewood Municipal Code 1985, by repealm, ad~
Chapter l, to read u follow•:
CIIAP'IDI
GENERAL PIIOYBONBAPPUCAIIUC 10 ·---· '111AT IIU8T OBTAIN A UCBNIE OR PBIIMIT
8EC110N:
5-1-1 : DEFINITIONS
5-1-2: UCENSE OR PERMIT REQUIRED
5-1 -3 : DUTIES OF CITY UCENSING OfflCER
5-1-4 : APPLICATION FOR UCENSE
5-1-5 : DETERMINATION OF UCENSE OR PERMIT FEES AND TERM OF
UCENSE
5-1-6 : TRANSFERS AND CHANGE OF LOCATION FOR UCENSES
5-1-7 : UCENSE OR PERMIT AVAILABLE FOR INSPECTION
5-1-8 : HEARINGS, ORDERS AND APPEALS
5-1 • 1: DEFINl'l10N8: FOR THE PURPOSE OF THIS TITLE AND CODE IN
ALL MATTERS RELATING TO THE UCENSING OR PERlll'M'ING OF ANY
BUSINESS, THE FOLLOWING TERMS, PHRASES, WORDS, AND THEIR
DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN:
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cnTUCIINIINGOfflCBB
OR LICEN8ING <>nlCD:
LICENSE:
LICENSE BOLDER:
MANAGER:
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'lbe employment of one or more penon1 for
the purpoee of Ul'IWIJ a livelihood, activiti•
of penom to improve their eccmomic
conditions and desiree, and pnerally
related to c:ommen:ial and induatrial
enrarementa.
'lbe City llaDapr of the City of Bnpewood,
Colorado, or the duly appointed delipee.
To carry CID or tab put in the operatiCID of a
.,.___ Al-ta, -plo,eN in their
capacity u apnta, or other reprwmtativ• of
any IDtity dOUlf baainNa in tbia city llball be
penGDally reapamible for compliance with
tbia title. A licenae or permit need not be
obtained for each branch of an Ntabliabment,
if the bu.-and brancma are operated
leplly u GDe buain .. euept u required by
any other chapter in tbia title.
Written permiuiGD to punue or carry on a
buain .. IUbject to tbia Title.
A penon who baa the authority to mpp in a
~ requind to be licmaed by tbia Title.
An incliridual who ...... clincta,
npemw, ~ and edwiniwww the
acta and tramKtiCID8 of the ..... -
_.._ta of my eetaNf+ at pwaal by
tbia Artide•wbo. ...... Ilia ---adiaa. ..... -... sdrHstsn
the d'ain of any aucb weN++ at
Writtaa pw"mialiaD to panae or carry CID any
~ DOt aullject to Ii_., ..... tbia
Title • apeciftcally aduded ,._ okatninr
• ----pwmt by .... Code, 'fttle,
ordin-.... •tat.e. ........ law.
A.,._ who baa tbe audwaity to ...... in a
---nquind to be__. • pwwait by tbia
Title.
1-1°11 LICENIIE OR PmUIIT lmQUIIISDI IT 8IIAU. BB UNLAWPUL l'OR
ANY CORPORATION, COMPANY, PARTNSR8111P OR INDIVIDUAL
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TO ENGAGE IN ANY BUSINESS WITHOUT A LICENSE OR PERMIT AS
REQUIRED BY THIS TITLE.
1-1-S: DUTIES OF crrY UCEN8ING OfflCER:
A. THE LICENSING OFFICER SHALL COLLECT ALL APPLICABLE FEES,
AND ISSUE LICENSES AND PERMITS IN THE CITY'S NAME TO
PERSONS QUALIFIED UNDER THE PROVISIONS OF THIS TITLE
AND SHALL:
1 . PROMULGATE AND ENFORCE ALL REASONABLE RULES AND
REGULATIONS NECESSARY FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS TITLE.
2 . PREPARE AND PROVIDE FORMS NECESSARY TO ISSUE
LICENSES AND PERMITS.
3 . REQUIRE APPLICANTS TO SUBMIT ALL AFFIDAVITS AND
OATHS NECESSARY TO ADMINISTER THIS TITLE.
4 . NOTIFY APPLICANT OF ACCEPTANCE OR DENIAL OF
APPLICATION AND STATE IN WRmNG THE REASON(S) FOR
DENIAL .
1-1-4: APPLICATIONFORUCENSE:
A . EACH APPLICANT REQUIRED TO PROCURE A LICENSE OR PERMIT
UNDER THE PROVISIONS OF THIS TITLE SHALL SUBMIT AN
APPLICATION FOR SUCH LICENSE TO THE LICENSING OFFICER. THE
APPLICATION SHALL:
1 . BE IN WRITING, USING FORMS PROVIDED BY THE LICENSING
OFFICER. THE FORM SHALL INCLUDE A SIGNED AFFIDAVIT
BY THE APPLICANT INCLUDING:
i . THE NAME OF THE LICENSE OR PERMIT HOLDER, AND
THE NAME(S) UNDER WIUCH THE BUSINESS IS
CONDUCTED.
ii . THE ADDRESS AND THE SPECIFIC ACTIVITY TO BE
CONDUCTED .
iii. ANY INFORMATION REQUIRED BY ANOTHER CHAPTER
OR SECTION OF THIS TITLE.
2 . INCLUDE OTHER INFORMATION WHICH THE LICENSING
OFFICER SHALL FIND REASONABLY NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE.
8 . THE APPLICANT SHALL SUBMIT ALL APPLICABLE FEES TO THE
LICENSING OFFICER PRIOR TO A REVIEW OF THE APPLICATION, SAID
FEES SHALL NOT BE REFUNDED.
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C. THE LICENSING OFFICER HAS THE AUTHORITY TO DENY, SUSPEND,
OR REVOKE ANY APPLICATION UNDER THE FOLLOWING
CONDITIONS:
1. THE LICENSE OR PERMIT WAS OBTAINED BY FRAUD,
MISREPRESENTATION, OR FALSE STATEMENTS.
2 . THE LICENSED OR PERMITTED ACTIVITY IS A PUBLIC
NUISANCE AS DEFINED BY ORDINANCE OR STATUTE .
3 . THE LICENSE OR PERMIT WAS ISSUED IN ERROR.
4 . UPON GROUNDS PROVIDED BY ANY OTHER CITY
APPLICATION REQUIREMENT, ORDINANCE, STATE
STATUTE, FEDERAL LAW, OR REGULATION OF THE CITY,
STATE, OR FEDERAL GOVERNMENT.
5 . THE APPLICANT IS IN DEFAULT OF ANY INDEBTEDNESS OR
OTHER OBLIGATION DUE THE CITY .
6 . THE PROPOSED USE OF ANY PREMISES FOR WHICH THE
LICENSE IS SOUGHT IS NOT AUTHORIZED BY ZONING,
BUILDING, HOUSING OR OTHER REGULATIONS .
7 . FAILURE OF THE LICENSE HOLDER TO SUBMIT A NEW
APPLICATION BEFORE THE EXPIRATION OF A CURRENT
LICENSE .
D . AN APPLICANT, WHEN DENIED A LICENSE OR PERMIT, SHALL NOT
ENGAGE IN THE BUSINESS FOR WHICH A LICENSE OR PERMIT IS
REQUIRED .
5-1-5: DE'IDIIINA110N OF UCENBE OR PBIIIIITftm AND 'ID1II OF
LICENSE:
A . THE CITY COUNCIL SHALL DETERMINE AND SET BY RESOLUTION
ALL FEES REQUIRED UNDER THIS TITLE .
B . UNLESS OTHERWISE SPECIFICALLY PROVIDED, A LICENSE OR
PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE. NO
REFUND OF ANY PORTION OF THE LICENSE FEE SHALL BE MADE .
5-1-8: 11tAN8l"EB8 AND CIIANGB OP LOCA'l10N 10ll LICBNIIB&
A . UNLESS OTHERWISE SPECIFICALLY PROIDBITED, A LICENSE OR
PERMIT HOLDER HAS THE RIGHT TO TRANSFER THE lJCENSE OR
PERMIT TO ANOTHER PERSON OR LOCATION AS PROVIDED :
1 . THE LICENSE OR PERMIT HOLDER REQUESTS A TRANSFER
FROM THE LICENSING omCER; AND
2 . TRANSFEREE MEETS ALL CONDfflONS REQUIRED BY TIUS
TITLE ; AND
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3 . LICENSE OR PERMIT IS SURRENDERED; AND
4 . THE LICENSE OR PERMIT HOLDER OBTAINS WRITl'EN
APPROVAL FROM THE LICENSING OFFICER.
B . UPON APPROVAL OF THE TRANSFER THE LICENSING OFFICER
SHALL COu.ECT A TRANSFER FEE AND ISSUE A NEW LICENSE OR
PERMIT FOR THE UNEXPIRED TERM OF THE TRANSFERRED LICENSE
OR PERMIT.
1-1•7 UCENIIE OR PDIIIT AVAILAJll,E FOil lN8P&C'l10N: THE LICENSE
OR PERMIT HOLDER SHALL MAKE THE LICENSE OR PERMIT
IMMEDIATELY AVAILABLE TO ANY PERSON FOR INSPECTION AT ALL
TIMES.
5-1-8: IIEARING8, ORDEB8, AND APPEALS:
A. WHEN A CITY OFFICIAL REPORTS A VIOLATION OF THIS TITLE,
CODE, LAW, STATUTE, OR ORDINANCE, THE LICENSING OFFICER
SHALL ISSUE A PROVISIONAL ORDER TO COMPLY.
1. THE PROVISIONAL ORDER, AND ALL OTHER NOTICES ISSUED
IN COMPLIANCE WITH THIS TITLE, SHALL BE IN WRITING,
SHALL BE SERVED AS PROVIDED IN THE ENGLEWOOD
MUNICIPAL CODE, AND SHALL NOTIFY THE LICENSE OR
PERMIT HOLDER OF THE SPECIFIC VIOLATION(S). IF THE
LICENSE OR PERMIT HOLDER CAN NOT BE SERVED IN THIS
MANNER, THE PREMISES MAY BE POSTED.
2 . BEFORE THE PERIOD OF COIIPLIANCE EXPIRES, AS NOTED IN
THE PROVISIONAL ORDER, THE LICENSE OR PERMIT
HOLDER OR THE CITY MAY SUBMIT A WRITTEN
APPLICATION FOR HEARING. THE LICENSING OFFICER
SHALL ORDER A HEARING AFTER REVIEWING THE
APPLICATION .
3 . THE LICENSING OFFICER SHALL ORDER A HEARING WITHIN
FOURTEEN (14) DAYS OF THE RECEIPI' OF THE APPUCATION
FOR A HEARING .
4 . THE LICENSING OFFICER SHALL MAKE A FINAL DECISION IN
WRITING, THIRTY (30) DAYS AFTER THE CONCLUSION OF
THE HEARING .
B. THE LICENSING OFFICER SHALL HAVE THE AUTHORITY TO REVOKE
OR SUSPEND LICENSES AND PERMITS, TO EXTEND THE TDIE FOR
COMPLIANCE, TO GRANT A NEW HEARING, AND TO CHANGE,
MODIFY OR RESCIND ANY RECOMMENDATION OR ORDER .
C. WHEN THE CONDUCT OF ANY LICENSE OR PERMIT HOLDER, AGENT,
OR EMPLOYEE IS SO HAZARDOUS TO THE PUBLIC HEALTH, SAFETY
AND GENERAL WELFARE AS TO CONSTITUTI A DANGD TO
HEALTH , SAFETY, AND WELFARE OF THE PUBLIC OR GIVE RISE TO
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AN EMERGENCY, THE LICENSING OFFICER SHALL HAVE THE
AUTHORITY TO SUMMARILY ORDER THE CESSATION OF BUSINESS
AND CLOSE THE PREMISES OR TO SUSPEND OR REVOKE THE LICENSE
OR PERMIT. UNLESS WAIVED IN WRITING, WITH TEN (10) DAYS
AFTER THE ISSUANCE OF THE SUMMARY ORDER, THE LICENSING
OFFICER SHALL CONDUCT A HEARING. THE UCENSING OFFICER
SHALL MAKE A FINAL DECISION IN WRITING, TIURTY (SO) DAYS
AFTER THE CONCLUSION OF THE HEARING.
D. ANY LICENSE OR PERMIT HOLDER AGGRIEVED BY A FINAL DECISION
OF THE LICENSING OFFICER SHALL HAVE THE RIGHT TO APPEAL TO
AN INDEPENDENT HEARING OFFICER APPOINTED BY THE CITY. A
WRITTEN APPEAL MUST BE FILED WITH THE CITY MANAGER
WITHIN TEN (10) DAYS OF THE FINAL DECISION BY THE UCENSING
OFFICER.
1 . THE APPEAL SHALL INCLUDE A COPY OF THE ORDER OR
DECISION OF THE LICENSING OFFICER AND A STATEMENT
BY THE LICENSE OR PERMIT HOLDER SETTING FORTH THE
BASIS OF THE APPEAL.
2 . THE CITY MANAGER SHALL FIX A TIME AND PLACE FOR
HEARING THE APPEAL AND SHALL GIVE NOTICE TO THE
APPELLANT AND LICENSING OFFICER.
3 . THE INDEPENDENT HEARING OFFICER SHALL BE LIMITED
TO A DETERMINATION AS TO WHETHER THE LICENSING
OFFICER'S FINDING WAS ARBITRARY AND CAPRICIOUS.
4 . THE FINDINGS OF THE INDEPENDENT HEARING OfflCER
SHALL BE GIVEN THE APPELLANT AND THE LICENSING
OFFICER.
5 . IF THE INDEPENDENT HEARING OFFICER MAKES A
DETERMINATION THAT THE LICENSING OfflCER'S FINDING
WAS ARBRITARY OR CAPRICIOUS, THE LICENSING OFFICER
SHALL FOLLOW THE PROCEDURES AND HAVE THE POWERS
SET FORTH UNDER PARAGRAPHS, A, B, AND C, OF TIDS
SECTION TO MAKE CORRECTIONS AND ISSUE A NEW FINAL
DECISION .
E . NO CIVIL OR ADMINISTRATIVE ACTION SHALL BAR OR PREVENT
PROSECUTION IN MUNICIPAL COURT FOR ANY VIOLATION OF TIDS
CODE.
$ec:tion 2. Wm c1au111 The City Council, hseby ftnda, det.ermin•, and
declares that this Ordinance ia promulpted under the pnenl police power or the
City or Enelewood, that it ia promulpt.ed for the a-Ith, safety, ud welfare m the
public, and that this Ordinance ia n-.ry for the prwervatiOD m a-Ith and
safety and for the protectiOD m public con•enience and welfan. Tbe City Council
further determines that the Ordinance bean a ratiODal nlatiOD to the proper
lepslative object IOUlht to be obtained.
5@c;tigp 3. S.ytrahility If any claw, aentace, puacraph, ar part m tbia
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Ordinance or tbe application tba'8GI 1D 11111 ,._ or cin:wutall-abaJl for any
reuan be alijudpcl by a comt at~ jmildidion in•alicl. aada joqment
lhall not affect impair or in•alidat.e die remainder at tllia ~ or ita
application to other-pel'ICIDI or ~.
Sestim f Jna,;pte,pg Qrdinenme All .._. Ontinncx ar paniam tbenaf
incmliateat or caaflictint with tllis Onliunce • ay pmtima banaf _.. benby
repealed to tbe at.mt at nch IDcme'rtzncy or ecmlict.
Sertim A Bffe:& I(,.,,, PE eedtficeMm Tbe ...,... • modiflcaticm at any
prvviliaD attbe Code at tm City at.,..._ b., tllis Onliunce lhall aat nleue,
atiJtpilb, alt.s, modify, or c:b-. in whale or in pat ay ,-alt)', bflitm-e, or
liability, eitbar cml .. crimiaal, wbida ...... baft .,_ mcmnd --l1lCb
pnmaian. and each )ll'OriaiOD lball be tnMed ad 111111 • atiJ1 remainin1 in force
for die purpaeee at IUStainin, 11111 and all .....-acticma, IOiu, procNdinp, and
prmecutiam for tbe ...,_t oftbe pmalty, bflitwe, or liability, u well u for
die pmpme at auataininl any jaqmmt, decne, • crier wbicb can • may be
rendered, mt.end, • made in aach adkma, mita, pl'D a 11 dinp, or proNCQtiam.
Sertim 6. Eaalg. Tbe Pmalty Ptovilian at B.K.C. SectiaD 1+1 lhall apply to
each ... eftl')' yiolatiOD ol du ~.
lntroduced, read in full, and puNd on tint raadins on tbe 7tb day of October, 1986.
Publiabed u a Bill r.. an Ontinmm on tbe 10th day ol October, 1986.
ATTEST:
Loucriabia A. Ellie, City Clerk
I, Loocriabia A. Ellia, City Clert attbe City at ...... CellndD,--, Cll'tily
tbat tbe above and farlaainl ia a true eapy at• Bill for an Onlbaanm, inaa d1c11l,
nad in full, and,.._. on tint Nediq cm tbe 7tb-, olOdallar, 1111.
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COUNCIL COI.IINCATION
Om ~--8-,.ct
Odober7, 1188 •for• ..,,....nc, onll•a
applO\rlng chalges lo TIiie 5,
10 I tt a....,2~and
l9fflOVtng .. a..--from ...
ffllll'llllllum .
lnlll*dBy I,.. ......... -of Flnanclal ServlcN Dnclol'
COUNCL GOAL AM> PREVIOUS COUNCL ACTION
This blN for• onllnance makes changes to TIiie 5, Clllll(w 2 of Ille Cly Code, and ramoves 11111 a...., from
Ille rnllcellaneous llcetllN rnorlllortum In Ille City of Englewood. This 1111 for ordlrwlC8 wll allow Ille City's llalf
· to l'NIIIM lallng Contractor llcetllN.
At the May 8, 1188 •udy Nlllon, uff dllculNd Ille propoeed moralOrtum wllll Ille Council. On June 3, 1•.
the City Council rud and paalld Ordinance 25, Series of 1• on flnlll rudlng. This Ordinance 9llllblllhed the
moratorium to run from June 10, 1• to December 10, 1•.
RECOMMENDED ACTION
Staff recommends Cly Council approve 11111 1111 for • ordinance .
IIACKOROUM>, ANAL va•, AM> AL TEIINA1M58 ID!NffllED
Tille 5, Chapter 2 was part of the fflOflllOftum tllal began on June 10, 1•. MUM18111111C811Ns .. ~
to ensure thll qualNled pet9Clnl provide amu11ffllla and pullllc ... lo lie pullllc. TIie dalgN made lo 11111
Clllll(w lndude removing replative .,....., ce.tglng how,._ .. ._mined and-. removing
conbadldoly language, ..novtng Artic:IN A and I and lr1coq10J11ll111g tlllm lnlo one Clllpler, •wall• clNnlng
up the language and terms UNd.
A ......... llcerlN for._ II nee: 111 lfl due lo the llnc:lion 11111 ecllvlly ha on young people and
poalble crtmklal ecllvlty (e.g. gambling) thll may,_..., tllll ecllvlty II not ........ TIie IIClla ......
managers of emUNment 8llabliltllMnla be reglll1 rad to...,. lndlvlduala wllll uildlllnlllle beclgfoundl ..
ICfNlled from 11e1ng Involved 1n 11111 llcerlNd ecllvlly. Pnwlllol• of 11111 .._ mo lndude the cay 1n1pect 111e
premlles of public dMc8I and bells to ...,. Ille safety of Ille public.
No alematlves were Identified .
FINANCIAL .. ACT
The City of Englewood colleded sues 1n lfflUNffleftt 11ce1we ... 1n 1111.
UST OF ATTACHMENTS
Copy of • bll for an onllnance
Copy of propoNd Tille 5, Chapter 2
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
A IIILL l'Oll
OOUHCIL BILL NO. 50
INTRODUCED BY COUNCIL ....... ~~~~~~
AN oaDINANCB UPIW.ING 'l'ITLB I, CIIAP'l'Bl8 IA, AND 2B, OP TBB
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AMUSEMENTS,
PU8UC DANCBS AS WBLL AS AIIU8BIIBNT DSVJCl:s AND D-BNAC'fflfG A
NEW CHAPTER 2, AND WHICH REMOVES AMUSEMENTS FROM
OIIDIMANCS NO. 115, nau:a OP 1111 WHICH PBRTAINB TO 'l'IIB
MORATORIUM OF UCENSES IN THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood City Council eatabliahecl a temporary IUBpMWOD or
moratorium of miscellaneoua buainNa liceDN8 for a period of m months with the
passage of Ordinance No. 25, aeries of 1996; and
WHEREAS, the moratorium or temporary 1uapemion included amuaement
licen1e1; and
WHEREAS, amueement licen-are required to enllUl't! that qualified penona
provide amueementl and public dances to the public; and
WHEREAS, the chanpl made to tbil Chapter include removing repetitive
language, changing bow r.. are determined and Ht, removing CODtradictory
language, removing Articles A and Band incorporatinc them into on Chapter, u
well u clarifying the laquap and terms uaed; and
WHEREAS, a eeparate liceme for amuaemeota ia n-.ry due to the attrac:tiOD
thi1 activity bas on )'OWll people and the potential for criminal activity (e.1.
gambq) that may result wt-tbil activity ia not n,ulated; and
WHEREAS, mana,en of amUNment enabliebmenta are J'9liatered to enaure
individuals with bacqrounde that praent a danpr to cbildnn are ecreened from
being involved in tbil licenaed activity; and
WHEREAS, the City lball inapect the premiNa for public dances and balla to
enaure the wety of larp ptberinp of the public; and
NOW , THEREFORE, BE IT ORDAINED BY fflE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
5cf;tign 1. The City Council al the City al Enpewoocl, Colorado hereby amenda Title
5, Chapter 2A and 28, of the Eqlewood MUDicipal Code 111116, by repealiq and re-
enactin1 Chapter 2, to read u followa :
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SBCnON:
5-2-1: Definition•
5-2-2: Liceue Required
5-2-3: Applicaticm Far ~
5-2-4 Special Ccmditiou Alld llelltrictiou Of 'lbe ~
1-1-1: DD'1Nffl0N8: IN ADDfflON TO DIE DBl"INITIONS LISTED IN
E. M. C. 5-1-1, AND FOR TIIB PURPOSE OF TIDS CODE IN ALL IIAT'l'BRS
RELATING TO THE LICENSING OF AIIUSBIIBNT BSTABU8IDIENTS AND
PUBLIC DANCES AND BALLS, THE FOLLOWING TERMS, PllllASES,
WORDS, AND THE DERIVATIONS SHALL HAVE THE IIBANINGS IIEllEIN:
AIIU8DIENT DBVICB(8):
A plw er NteNi,.,_t at aae locatian
where AD illclmdual, aNOCiatiOD,
pu111a'sbip, -.,any, er cmparatian
maintains men tbaa 8ftem (15) amuement
devicea.
A plaw er Nt1btisb....,.t at aae locatian
where AD iadMdual, aNOCiation,
putnwabip, -.,uy, er cmparatian
maintains tiftem (15) er fewer amuement
deviea, eitbs • a IOle ~ er ia
cmqUDdicm with ... other buaiaaa.
Any device wbicb, upcm iDlaticm al • coin,
llluc, ..._, platll • dilc, er paymmt al•
camidaraticm diNcdy tberaia, may be uaed
by the paWic ... aatllrtailmeat, er
--t, tbat ........... test al lkill,
eitber ... t11 .. ..,..., .......... not
nciateriDI I _.., and abal) iDdwle, but Dot
be limitad 1111, pool tablea. lDOCllrm-tabla,
fOOlball tablea, lllctrcmic ..... and piDball
macbiaee al-, kiacl and ~ption.
All1.J8BIIBNT BIITAN •RB¥BN'l'l AD amwt arcade, amwt -•.
itiaeraat abow, pablic a-or ball, bowliDs
alley, circus, carnival, or lhoatiq pllery.
PUBUC DANCE. PUBUC BALLc Any a-when actmiwon can be bad by
the pablic......., witb .. wit.bout the
pa,-t al .... with .. wilbaut the pm,:baae,
II a 11 JIIDII .. pawmtaliaa al. tic:bt or
.... and uyotherdaam .......... by club
_....,...., -tic:bt, iDYitaticm ..
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other system open or offered to the public
generally.
PUBLIC DANCE BALL: Any premises open to public dancing for gain
or to which the public iB admitted upon
payment of 11D admiBBion fee, membenhip
fee or for a c:harp of IIDY kind lllld
description, or IIDY hall or academy in which
cl-in dllllcing are held lllld imtructiom
in dllllcing ,iven for pay.
1-1-Z: UCENSE BBQUIRED: IT SHALL BE UNLAWFUL FOR AN
AMUSEMENT ESTABIJSHMENT TO ENGAGE IN BUSINESS
PRIOR TO OBTAINING A LICENSE FROM THE LICENSING
OFFICER.
1-1-3: APPLICA110N FOR UCBNIE:
A . THE APPUCATION FOR AN AMUSEMENT ESTABLISHMENT
LICENSE SHALL BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 5, CHAPl'ER 1.
B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO
PROVIDE THE FOLLOWING :
C. MANAGER(S) LICENSE :
1 . ALL MANAGERS OF AMUSEMENT ESTABLISHMENTS
MUST BE LICENSED. LICENSES WILL BE ISSUED BY
THE LICENSING omCER.
2 . WHERE ANY LICENSE HOLDER HAS A CHANGE IN
MANAGER OR MANAGERS OF IDS/HER
ESTABLISIDIENT, AND A NEW MANAGER HAS NOT
PREVIOUSLY BEEN APPROVED AS A MANAGER BY
THE LICENSING omen. IIEISRB SHALL BE
PRESENTED BY THE HOLDD OP A LICENSE OR
SHALL PRESENT HIMSEI P/HDSELF TO THE omcE
OF THE LICENSING omen FOR A BACKGROUND
INVESTIGATION.
1-M: SPECIALOONDn10NIIAND.......,...OI' 'IBUC'Dla IN
ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPT'Ell l OP
THIS TITLE , THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY:
A. INSPECTION . BEFORE A UCICNSB IS GRANTED, FOR A
PUBLIC DANCES OR BALL, THE PRDCISBS DESCRIBED IN
THE APPLICATION SHALL BE IN8Nci"IW. A UCICNSB
SHALL NOT BE ISSUED UNTIL SUCH TDIB AS TRE
APPLICANT DEMONSTRATES THAT SUCH PBBNISES ARE IN
COMPLIANCE WITH THE ENGLEWOOD IIUNICIPAL CODE.
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ADnmoNAL AMUSEMENT QEYJCIS . ALL APPLICANTS
AND HOLDERS OF AMUSEMENT CENTER oa AIIUSDOCNT
ARCADE LICENSES SHAU REPORT TO TIU LICENSING
omCER THE ADDfflON OF ANY AIIU8ICIIDIT DEVICE OR
DEVICES TO THEIR PREMISES WITIIDf fD IWWW (15) DAYS
OF SAID ADDfflON AND TENDER TO TIU UCDIBING
OfflCER AT THAT TIME THE RBQUIDD Pa POR EACH
ADDfflONAL AMUSEMENT DEVICE POR TID aDIAINDD
OF THE ORIGINAL LICENSE PERIOD. TIIB PD IS NOT
PRORATED OVER THE PERIOD THE DEVICE IS PUT INTO
SERVICE. REPLACEMENT OF A DEVICE WITH ANOTHEll
DEVICE IS NOT CONSIDERED AN ADDfflONAL AIIUSDIICNT
DEVICE.
Sec;tim 2. Liceme fw for thia Cbapur ahall be determined and Nt by City
Council in accordance with E.M .C . 5-1-8.
Sec;tipp 3. The Englewood City Council eltabliabecl a temporary IIU8J)l!Uion or
moratorium of certain miacellaneoua busineu licenNS for a period of lilt months
with the passage of Ordinance No. 25, aerie11 of 1996 and now remove11 the following
licensea from the moratorium:
Amusement License Fee1:
Amu1ement Arcade
Amu1ement Center
Amusement Device(1)
Amuaement Eatabliahment
Billiard• and Pool Table
Bowling Alley
Carnival,
Circusea
Itinerant Showa (other than carnivala or cin:uaea)
Shootiq Galleria
Public Dance, Public Ball
Public Dance Hall.
Sec;tion '· Safety CJeHHI The City Council, benby ftnda, determin•, and
declare• that thia Ordinance ia promulpted under the pneral police pc,ww of the
City of Englewood, that it ia promulpted for the a-1th, aafety, and welfare ol the
public, and that thia Ordinance ia n-.y for the ..-nation ol a-Ith and
1afety and for the protection ol public coaYeDience and welfare . The City Council
further determine11 that the Ordinance beara a rational nlation to the proper
legialative object IOlllht to be obwned.
Sec;tigp 5. Scvcrehiljty If any clauae, -•ce, parqraph, or a-t ol thia
Ordinance or the application thereof to any penon or circumatancea ahall for any
reuon be a~udged by a court ol compet.ent juriadiction invalid, aucb judptent
shall not affect impair or invalidate the remainder ol thia Ordinance er ita
application to other penom or ciraunatancea.
$ec;tipp 6 loCODIPIW't Or4iD1DCII All adllr-Ordinucea ar partiana thereof
incon1i1tent or conflictin1 with thia Ordin-er any partiaD ber..ot .,. benby
repealed to the e:dent of auc:h inc:onaiat.mcy or conflict.
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Sec;t,igp 7 Bffest qf ,..,,, w mmHflcetipp 'lbe repeal ar modification of any
proviaiCID of'the Code of the City of Eqlewoocl by this Ordinance aball DOt releue,
extiDpiah, alt.er, modify, or cbaap in whole ar in pat any pmahy, fwr.iture, or
liability, either civil or c:rimiDal, wbicb aball haft bem iDmrred ander auch
provision, and each proviaiCID aball be trNted and held • still rem•inin1 in force
for the purpcw of auatainiq any and all ....-lldiODa, lllita, ...-,;np, •nd
prmecutiom t'or the enfcnement of the pawty, forfeiture, or liability, • well u f'or
the purpoee of autainini any ~t, decree, or arder wbicb can ar may be
rendered, mt.end, or made in llacb lldiODa, auita, pr D c_..lnp, or ,._tiam.
Semm A. Elm.lJu. 'lbe Pmalty PtutiaiOD of B.11.C. SectiaD l+l aball apply to
each and fNerJ m•tion of tma Ordinance.
Introduced, nad in full, and puNd CID flnt reediq CID the 7tb clay of October, 1996.
Publiabed U • Bill far an Ordinance CID the 10th clay of October, 1996.
'l1Mau J. Burns, Mayor
ATTEST :
Louc:riahi• A. Ellia, City Clerk
I, Louc:riahi• A. EW., City Clerk of the City of Bnpwood. Colando, hereby certif'y
that the above and fonaoin, ia • true copy of a Bill far an Ordinance, introducecl,
read in full, and puaed OD ftnt readinc CID the 7tb clay of October, 1996.
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Odober7, 1198
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COUNCL co1•11.NCAT10N
10 a Ht
Fm
N for an emerge11ey onllnance
IIPPIOWIII c:11angN to TIiie s.
Cllapler 4 (Food DNlels) and
fMIOWlll lhll a..-from 1h11
morllDllum.
COUNCL GOAL AND PIIEVIOU9 COUNCIL ACTION
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This bill for an onllnance malra manges to TIii 5, a.., 4 of 1w Cly Code, and 1M10ves this Chapter from
the miscellaneous llcllW l'IIOl'IIDltum In 1w Cly of El.......-. Thll 1111 far onllnance _. allow the Cly's llaff
to resume IU&*'II Conlraclor llcllW.
M 1h11 May 8, 1198 lludy ...ion, aff ......... prapaeld mora10rtum wllll lhll Councl. On June 3, 1198,
the City Council !Nd and peaed Onlnance 25, 8ertes of 1• on t1M1 INdlng. This Ordinance Nlabllslled the
moratortum to run from June 10, 1• to Dlclmbel 10, 1•.
IIECOl•IENDED ACTION
Staff IIICOIMMlllds Cly Councl approve this bll far 81'1 Ol'dlllMCI.
BACKGROUND, ANAL ftla, AND ALTEWTIVD IDENTFIED
TIiie 5, Chapler 4 -pert of the fflOllllortum tllal blgarl on June 10, 1118. Food Vendor llcllW are reqund
to.,.... lhllt oni, quallled vendors wllll edaqla ....._ and other,...._. pn,vlde food NIYicllS to
the public. Changes Include ...,dlig llcenllng lo food vendols on prtvale praperty, dalglng 1h11 manner In
wtlicll fees are c1•n11111ec1 and 181 by Councl, and~..._ edw111111,o be 111111 off ....... an Ice awn
vendor's vehlde Is II rNt ..
A ........ llcera for food dNllrs ls 119CIIH,Y due lo 11111 ln.-::t this dvlly ma,,_. on 1w publc's hNIII
and safely If na1 l9gUlllad. Food Vendors llclnlll heve ............ lhllt l9ql*9 addllonal ..._
l9qUir'emenls. HNIIII code compllaia ls lnduded lo.,... ... food 1an1S eald are_,. far pubic
consumption. Food vending Is an lndMdulllad dwlly, 10 ._..._. .. unique to 1w ....,_ and
lher9for9 only valid for lhll loc:alon ... forlll In .. llcera, 11111' Is ................. .
Insurance Is reqund bec:ala this bullnW can poee llglllllc:n 111k of....,_..~ and.._ to the pubic.
The llcera ,...._ vendors of Ice Cl9MI from wlllclea 11111,o ..._ adverllllng lo.._.. .. ln.-::t on the
public by Mlllng hours of operllllon and ~ vendols lo tum off ..... acMltilti,o ..... the velllc:le Is ..
INt.
No alemetlves .... ldenUfied .
FINANCIAL _.ACT
The City of Englewood colleded 1125.00 In food vendors..._,._ In 1115.
L.18T OF AnACl•IIINTa
Copy of a 1111 far an ordlnanca
Copy of prapoead TIii 5, Cllllpler 4
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
ABILLIOll
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL ,....,,,~~~~~~-
AM OBDIKAHCB DPBALING Tft'I.& 6, CIIAPl'D 4, a, TBB BNOLBWOOD
MUNICIPAL CODE 1986 PERTAINING TO FOOD VENDORS AND RE-
BNAC'nNG A Nn C11AP1D" AND W111CB 8DIOVl8100D vVSN-moa-•
FROM ORDINANCE NO. 26, SERIES OF 1996 WIDCH PERTAINS TO THE
IIOltATOIIIUII OP UCIII 11 I DI TBB cm a, DIGl.8WOOD. CXJLOUDO.
WHEREAS, the Englewood City Council eatablilbed a t.mporuy avapenaion ar
moratorium of certain miKell._. buaiw licmw far a period of m mODt.ba
with the puaa,e o(Ordinance No. 26, Nl'iea of 1996; and
WHEREAS, the moratorium or temporary napennon of food vendon licemN;
and
WHEREAS, a aeparate liceme for food vendors ia neceuary due to the impact thia
activity may have on the public's health and aafety if not recuJated; and
WHEREAS, due to the unique upects oft.ma activity, additional liceme
requirementa are included; and
WHEREAS, health code compliance ia included to innre that food i~ aold are
aafe for public c:onaumption; and
WHEREAS, due to the individualized upect of food veadinc, thme Ii-are
unique to the buineu and therefore only valid for the location Nt forth in the liceme;
and
WHEREAS, due to health and aafety concerna related to thia liceme, the licmae ia
granted to the ori,uw licenae holder only and not traufenble; and
WHEREAS, the nature of thia buainNa impo191 a hiper riak al pbyaic:al utjury
and illneu to the public, therefore, prool of innrance ia required for tbia liceaae; and
WHEREAS, ice cream Al• from vebidee uaia, audible advertiaiq may be
deemed a public nuiaance, the impact ia OD the pablic: ia minimiw by hours al
operation and requirementa in thia Chapter; and
WHEREAS, the houn of operation alao impoNd are to protect the afety al cbildren;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sed,igp 1. The City Council cl the City al Enpewood, Colorado hereby ammda Title
5, Chapter 4 , of the Enpewood Municipal Code 1986, by rapealia, and re-mactinf
Chapter 4 , to read u foUow1 :
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I II i i I I ji!;i ;;ii~~
tf I i I ii!E,= (if.ff~
i I I · l•si ii!fr .. ~t:c! ! -cll .
Iii'" tH ~ if lJff}fl iffli 111i If•' 111rr [~ ff!f ff ,, ,,, 'JI ,,,rfJ11 f1ff lrl'l liss ~
,,1 ,.~!fi1~ fI 1fJ!:1· . ~If ,;~J1 I liil f
·1l•I rft,'f II' (!J .. r ~~'"-
rfft'f f1r•,f,f }11!f
tf f' ~II I rtJ,tr fr f.lifi Sam; • , .. ~ J ·Iii
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VEHICLE:
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part thereof ill open t.o the uae cl the public for
purpoeea of vehicular travel or the entire
width of every way declared t.o be a public
street or bipway by any law ofthia State or
any ordinance of thia City.
Every device in, upcm or by which any penon
or property ill or may be tnnaported or drawn,
irre9pec:tive of the aource from wbicb the
power t.o propel aaid ~e may come and
irrNpec:tive of the number of wbeela of Aid
vehicle.
1-4-1: UCENSE IIBQUIIIBD: IT SlW.L BE UNLAWFUL FOR A FOOD
VENDOR TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A IJCENSE
FROM THE IJCENSING OFFICER.
M-3: APPLICA'l10N FOil LICBNIIB:
A. THE APPIJCATION FOR A FOOD VENDOR LICENSE SHALL BE
MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5,
CHAPI'ER 1 .
B . IN ADDmON THE APPLICANT SHALL BE REQUIRED TO
PROVIDE THE FOLLOWING :
M-4: 8PBCW. OONDfflONBAND IIBB'l1UCl10N8 OF I..K2Nllm: IN
ADDmON TO LICENSING CONDmONS SET FOR IN CHAPTER 1 OF TIDS
TITLE, THE FOLLOWING SPECIAL PROVISIONS SHAU. APPLY .
A INSJJBANCB BFAUIIID: LICENSE HOLDERS ARE UQUIBED
TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE :
1 . ALL MOTOR VEIUCLES USED IN THE OPERATION OF
THE LICENSED BUSINESS SIIAIL BE INSURED UNDER
THE LAWS OF THE STATE OF COLORADO .
2. COMPREHENSIVE GENERAL LIABILITY WITH
A IIINIIIUII COMBINED SINGLE LDIIT OF
LIABILITY FOR BODILY INJURY AND
PROPERTY DAMAGE OF ONE HUNDRED
THOUSAND DOU.ABS (Sl00,000.00) PER
OCCURRENCE AND AGGREGATE .
FAILURE TO IIAINTAIN SUCH INSURANCE OR TO SHOW
SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR FAILURE
TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH
EVIDENCE ON REQUEST SHALL BE CAUSE FOR IIIIIEDIATE
REVOCATION OF THE LICENSE
B. IJCENSES GRANTED UNDER THIS CHAPTER ARE NOT
TRANSFERABLE .
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C . ICE CREAM &\I ,ES· ICE CREAM VENDORS USING VEIDCLES ON
CITY STREETS MUST OBTAIN A FOOD VENDOR LICENSE -
STREETS AND SIDEWALKS AND SHALL COMPLY WITH THE
FOLLOWING ADDfflONAL REQUIREMENTS:
1 . HOURS OF OPERATION ARE PERIIITl'ED BETWEEN
NINE O'CLOCK (9:00) A.M. AND SUNSET.
2 . ANY AUDIBLE ADVERTISING SUCH AS MUSIC, CHIMES,
VERBAL ANNOUNCEMENTS OR OTHER SOUND MUST BE
TURNED OFF WHILE THE VEIDCLE IS AT REST .
D . HEALTH CODES LICENSE HOLDERS ARE REQUIRED TO
OPERATE IN ACCORDANCE WITH APPLICABLE MUNICIPAL
AND STATE HEALTH REGULATIONS AS ADMINISTERED BY
THE ARAPAHOE COUNTY TRI-COUNTY HEALTH
DEPARTMENT.
E. LOCATION LICENSE HOLDERS MAY VEND ONLY IN THOSE
AREAS SPECIFICALLY SET FORTH IN THE LICENSE.
Sectim 2. Licemee fees for thia Chapter lhall be determined and aet by City
Council in accordance with 5-1-8 ofthia Code.
Sectim 3 . 'Ibe Englewood City Council eatabliabed a i-porary auapmlion or
moratorium of certain miacellaneoua buain-lic:eD8N for a period of m mantha
with the puaace of Ordinance No . 25, amea al 1996 and now _. the followiq
licen-from the moratorium :
FOOD VENDOR LICENSF.S .
Sectim , Wm CJ•v•u 'Ibe City Council, berebJ ftnda, deteraiw, and
declarea du& thia Ordinance ia promulpt.ed under tbe ,.....i potic,e ..,... al tbe
City al Enil-ood. dllt it ia prcmulpt.ed far tbe bNlth, uflty, and .... al tbe
public, and du& thia Ordinance ia n~ for tbe ..-,vatian al bNltb and
safety and for tbe prot.ectian al public -venience and welfare. Tbe City Council
further determinee that tbe Ordinance bean a ratianal relatian to tbe proper
legislative object aought to be obtained.
Sw:tim 5. S..yarahjljty If any clauae, -tence, parqraph, or part of thia
Ordinance or the applicatian thereof to any .....-or cin:umlltancea lhall for any
reuon be adjudpd by a court al cmnpetent juriadiction invalid, IUCb judpent
shall not affect impair or invalidate tbe remainder al thia Ordinance or ita
application to other persona or cireumstancea.
Sec;tipp 6 loCODlilYPt OrdiPIDGII All other Ordinances or portiana thereof
inconsistent or conOictinc with thia Ordinance or any portian hereof are hereby
repealed to the extent of such inconaiatency or conflic:t.
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Soc;tioo 7. Effest pf' ._,1 Al' moclific,tjgp The l'llpNl er modificatiOD of any
proviaiCID of tbe Code of tbe City of.,.__. by dlia Orclinuce aball lllllt rel•-.
atinpiah. alter, modify, er c:baap iD whale er iD pat ay penalty, bMtwe, or
liability, either civil OI' crimiDal, wbic:b lhall baft bem iDcarnd ander-IIUch
proYiaiCID, and each proriaion lhall be trNt.ed and bald • ltill rn,•iaia1 iD force
for tbe purpcw of n8WIUDI ay ad ell Jll'IIPII' ectiana, aaita, pra c_,inp, and
prwec:utiona for tbe ~t oftbe peulty, bllitme, er tiebility, • -1 • for
tbe purpaae of 11U8WJUD1 ay judpamt, dec:rN, er crdlr wbic:b can er _, be
rendered, mtered, er mede iD IIUCb ec:tiam, lldta, Pl'D IINl!inp, • Jll'ONCIIUCIU.
Soc;tioo 8. bD.a)u. The Penalty ProrieiOD of E.11.C. 8ectim 1+1 aball apply to
each and every violation of dua Ormunce.
Introduced, read in full, ad pMNd CID flnt reedins 1111 tbe '1th day of October, 1996.
Publiahecl U a Bill for 9D Ordinence CID tbe 10th day ofOdaber, 1996.
n.-.. .J . Barna, ...,..
ATTEST :
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Bllia, City Clerk of tbe City of g.,I' •ood. CabadD, ._., oatify
that the above ad fonpins ia • true capJ of• BiD far en~ adHNhwd,
read in full, end pueed CID flnt nedins 1111 tbe '1th day ofOdaber, 1111.
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COUNCL COIMNCATION
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Odober7, 11M18
10 a 1v
Frank
COIINCL GOAL AND PREVIOUS COIINCL ACTION
8mject
N for an emerge11c.y ordinance
adding C-.14 (Albortlls) to
Tltle 5 of the Cly Code, and
r9IIIOVlng ... Chllpl9r from the
moraklrtum.
This bill for an onllnance adds Chapter 14 lo Tltle 5 of the Cly Code, and i-.noves arborill llceraN from the
milcellaneous llcanles moratortum enacted In the Cly of Englewood. This bill for ordlnm allows Cly uff to
-illulng arborllls llceraN.
M the u.y e. 11M18 lludy Nlalon, un diKIIINd the pn,poaad mora1ortum w1111 the Counc:11 . 0n June s. 1•.
the Cly Counc:11 !Md and paaed Ordinance 25, Serles of 11M18 on tlnal rudlng. This Ordinance ellallllalled the
moratorium to run from June 10, 11M18 to Dacamber 10, 11M18. On August 11, 11M18, uff and Counc:11 met to
dllaa 1h11 Chllpler.
RECOMMENDED ACTION
Staff recommends Cly Counc:11 apprvve 1h11 bill for an ordinance. This ac:lior'I creales • new a.s-, 14 under
Title 5 of the Cly Code. Previously, arborllls..,. llmnNd under aiapa. 12 of Title 5. This new d'8pler ello
makes dlenges to how fees ere delennl11ed, inllnncl levels. and GIiier' mklor cllanges.
BACKGROUND, ANAL.ftll, AND ALTBINATND IDENTl'IED
Title 5, Chapter 12, (ertlortlt llcermes ere cunena, Included In 11111 Cllllplec, ... pert of the morllklltum 111111
began on June 10, 11M18. Al'1lorllla llceraN .. reqmed to enlln 111111 trN trimming and GIiier' releled edlvllles
ere performed by quellfied penons This ordinance aNles • new aiapa. 14 under TIiie 5. Onlr minor cllanges
regarding the manner In which fees ere 8llatlllllled, lnuance levels, and updating GIiier' minor llems lleve been
made to this Chapter.
A separate license for erbortm Is ll8CNNIY ...._ of the lnllerenl 111k eaeocleled wllll the Nl'llce erbortm
provide to the public. TIie Cly FOl'eller or GIiier' deelglialecl ~ ,_ the duly and ll8CNNIY bec:kQr'ound to
detennlne If an eppllcanl Is quellfted to offer 1111..vtce to the public. The 111111n of lhll llclllN ,.......
Insurance pnMllol• bec:allN of ... 111k to prape,IJ and penons. This ... ,...... ... llcaMed arborill to
supervise .. wort done by IIOl'Mlcelad penons In 1111 or her chelge. The llcerwe holder la qullllfted In the car.
and maintenance of tr'NS, and ""'9fore el wort lllould .._ be done by the llclllN holder or under the llclllN
holder's super,lslon to pro(ed the public.
FINANCIAL _.ACT
TIie City of Englewood collected $450.00 In arborill llclllN fNs In 1"5.
UIT OF AnACHMENTa
Copy of • bill for an ordinance
Copy of prapoaed Tltle 5, aiapa. 14
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
ABIU.l'Oll
COUNCIL BILL NO. 52
INTRODUCED BY COUNCIL ...... _____ _
All oaDINANCB IIBPULINO fflU I, CIIAP'ID 11, IBCTIOM I, OP 'l'RB
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AllBOBIST AND
mucnNG A MSW CIIAPl'D 1'9 AND WIIICB DIIOVD AD08l8'I' ftOII
ORDINANCE NO. 25, SERIES OF 1998 WHICH PERTAINS TO THE
IIOltA'l'OmtJII OP UCDllll llf '1'118 CITY OP BNOLSWOOD, OOLOllADO.
WHEREAS, the Eqlewood City Council Ntabliabed a t.emporuy ll1UplllWOD or
moratorium of certain miac:ellaneoua buain-lieeuee for a period of m mODtha
with the puup al Orclinance No. 25, aeriea of 1998; and
WHEREAS, the montaium or temporary suapenaiOD inclwled afllOrist ticmNs;
and
WHEREAS, afllOrista a«er a neceuary, but often timea clanproua aervice to the
public; and
WHEREAS, due to the inhenmt riak auociated with thia aervic:e, a aeparate
liceme, after testiq, ia -,y to emure only qualified penom parform thia
service to public; and
WHEREAS, the City FCINllter or other deaipated -pla,ee baa the ..-uy
background to test and to determine if applicant. are quali6ed to o&r tbia aemee to
the public; and
WHEREAS, the nature of thia aervice requirea ODly qualified penona and
therefore no transfer of thia liceue ia allowed; and
WHEREAS, the nature ofthia aervice ia IUCb that utjury to property or penom ia a
serious consideration, and therefore inauranc:e ia required; and
WHEREAS, the licemed arboriat, beiDc qualified in the care and maintenance of
treea shall not allow anyone under bia or ber cbarp that ia not a licenae holder to
perform the aervicea of an arboriat without beiDa under the lic:enae holder'• direct
1upervi1ion; and
WHEREAS, thia proviaion protecta the public from unqualified penom
performing the aervicea of an arborilt;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiop 1. The City Council of the City of Enclewood, Colorado hereby npeala Title
5 , Chapter 12, Section 8 , of the Enclewood Municipal Code 1985, and macta a -
Chapter 14 , which ahall read u followa :
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CHAPl'ER 14
AllBOIU8T
SECTION:
5-14-1 : Definitions
5-14-2: Licenae Required
5-14-3: Application For Lic:enae
5-14-4: Special Conditiom And lleltrictiom Of Licenae
5-14-1 : DEFINl'l10N8: : 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 ARBORISTS, THE FOU.OWING TERMS,
PHRASES, WORDS, AND THE DERIVATIONS SHALL HAVE THE MEANINGS
HEREIN:
ARBORIST A SPECIALIST IN THE CARE AND
MAINTENANCE OF TREES. FOR THIS
CHAPl'ER AN ARBORIST ENGAGES IN
THE RELATED ACTIVITIES FOR A FEE,
CHARGE, OR OTHER COMPENSATION.
&-14-ll: UCENSE RBQUIIIBD: IT SHALL BE UNLAWFUL FOR AN
ARBORIST TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A LICENSE
FROM THE LICENSING OfflCER.
6-14-1: APPI.ICA'110N POil LICDIIBz
A . THE APPLICATION FOR AN ARBORIST IJCENSE SHALL BE
MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5,
CHAPl'ER 1 .
B . NO LICENSE SHALL BE ISSUED WITHOUT THE WRl'M'EN
APPROVAL OF THE CITY FORESTER OR OTIIBll DESIGNATED
EMPLOYEE WHO SHALL nRST BE SATISFIED OF THE
COMPETENCY OF THE APPLICANT TO ENGAGE IN SUCH
BUSINESS BY ADMISSION OF AN ORAL AND WIU'ITEN
EXAMINATION CONDUCTED BY THE CITY FORESTER OR
OTHER DESIGNATED CITY EMPLOYEE. AT IDS OR HER
DJSCRETION, THE CITY FORESTER OR OTHER DESIGNATED
EMPLOYEE MAY ACCEPI' SPRAYING AND TRDOIING
LICENSES FROM OTHER JURISDICl10NS AS PRDIA FACIE
EVIDENCE THAT THE APPLICANT HAS SATISFACTORILY
COMPLETED ENGLEWOOD LICENSING REQUDlEIIENTS.
a-1... IIPBCW. OONDl'l10N8 AND BDnUC110NII OP LICDIIBz IN
ADDITION TO LICENSING CONDfflONS SIT FOR IN CHAPTER l OF TIDS
TITLE, THE FOU.OWINO SPECIAL PROVISIONS SHALL APPLY .
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A. INSURANCE REQIDREP : LICENSE HOLDERS ARE REQUIRED
TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE :
1. ALL MOTOR VEHICLES USED IN THE OPERATION OF
THE LICENSED BUSINESS SHALL BE INSURED UNDER
THE LAWS OF THE STATE OF COLORADO.
2. COMPREHENSIVE GENERAL LIABILITY 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.
FAILURE TO MAINTAIN SUCH INSURANCE OR TO PROVIDE
SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR
IMMEDIATE REVOCATION OF THE LICENSE
B. TRANSFER ARBORIST LICENSES ARE NOT
TRANSFERABLE.
C . SUPERVISION OF WOllK. THE LICENSE HOLDER SHALL
SUPERVISE AND BE RESPONSIBLE FOR ALL WORK DONE
UNDER THE LICENSE.
$ec;tiqp 2. Liceue Fee: U-,._ far tm a..,.., IMII • ......... and
set by City Council in~ with 5-1-8 aftllia CW..
Sec;t,iqp 3 . Licenw required : It ... •_..... tar-,,._ ID act• an
Arborist without fint procurinc a~-Al pawl · afa..,.., l , aftma Title
are applicable u well u thNe apacia1 poc · · _.. W...
$ec;tigp f . The En,tewood City C-.:il -t I" t 1 a Q ., I p uim or
moratorium of certain ~U-....._~tar a ..... af Ilia acmtba
with the pauace of Ordinance No . 25, .._ al 1111 _. --die faUowinf
license, &om the moratorium:
Arbori1ta LicenHI.
Sec;t,iQQ 5. S,f..t,y C!tllYI The City Council, blnby ftadl, .w-iw, and
declaree 1hat thil Ordinance ii pramulpted under tbe ........ police ,_.. af tbe
City of Encl-ood, 1hat it ii pramulpt.ad for die health, uflty, ad -lfare al the
public, and that thil Ordinance ii neceNarJ for tbe ~atiae al Malth and
1afety and for tbe protection al public convenience ad welfan. The City Council
further determinee that die Ordinance bean a rational relation to tbe proper
legislative object aought to be obtained.
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Sec;tign fi. Sexetthility If any claut1e, NDtence, parqraph, or part of this
Ordinance or the application thereof to any per.-or cirewnltancea aball for any
reuon be acljudged by a court at competmt juriadiction invalid, aucb judpient
ahall not aft'ec:t impair or invalidate die remainder at thia Ordinance er itll
application to other penona or circumatan-.
Sec;tjgp 7 lnmnN ... t Ot4iPIPCII All atmr Ordinancea ar partiana thereof
inconaiatent or conflictinl with this Ordinance er any partiaD bereaf an hereby
repealed to the utent at such incomiatllncy or coaflic:t.
Sec;tign 8. Efl'w:t pf rereeJ cw: mA4ific,tjgp Tbe repeal er modificatiOD al any
provision of the Code of die City of Bnpewood by tbia Ordinance aball not nleue,
utiDfuiah, alter, modify, or chup in whole er in pat 11DJ ,-.It:,, bfeitun, or
liability, either civil or criminal, which aball haft II-. iDcurnd uader such
provision, and uch provision ahall be treated and beld u Btill remaintn1 in force
for die pmpoaea at auataininc any and all prapw adiaaa, aaita, pra -tinp, and
proaecutiODB for the enforcement of the penalty, bliitun, er liability, u ...U u for
the purpoee of •uatainin.s any judpaent, decrN, er orclar which can er may be
rendered, entered, or made in such adiaaa, suits, proceeclinp, or proaecutiona.
Sec;tiqp 9 . feulty. Tbe Penalty Provision atE.11.C. Sedion 1-4-1 aball apply to
each and every violation of this Ordinance.
Introduced, read in full, and pMNd on tint reedbts cm the 7tla clay at October, 1996.
Publiahed u a Bill rar an OrdiDance cm the 10th clay atOdiabar, 1116.
ATTEST:
Loucriahia A . Ellia, City Clerk
I, Loucriahia A. Ellia, City a.rt at the City at........_., Colorado, banby certify
that the above and f'onlOml ii a tnae copy at a Bill rar an OrdinaDce. batrod...s,
read in full, and pa8Nd cm tint l'Ndilta cm the '7tb clay atOct.obar, 1191.
Loucriahia A . Bllia
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COUNCIL COMMUNICATION
Date Agenda Item Subiect
10 IV Law Enforcement Assistance
October 7, 1995 Fund Grant
lnitiAted By Staff Source
Bob Moore,
Safety Services Department Safety Services Division Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has approved the City's participation in the LEAF Grant program for the past five years .
RECOMMENDED ACTION
Staff seeks Council support for a bill for an ordinance approving the Law Enforcement Assistance
Fund (LEAF) contract L-05-97, enabling the City of Englewood to enter into a contract with the
Colorado State Department of Transportation, which grants the City money to be used by the
Department of Safety Services for DUI detection and enforcement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed ordinance would allow the Department of Safety Services to accept LEAF grant
money for use in the detection and apprehension of DUI drivers within the City of Englewood.
The Englewood Police, in accordance with state motor vehicle laws, and with the preservation of
life and property in mind, actively investigates DUI violations with the intent of removing drunken
drivers from the City 's streets. Acceptance of LEAF grant money enables the department to
enhance its DUI enforcement efforts by allowing the department to pay for and dedicate more
officers and equipment to this apprehension effort .
At the present time, apprehension efforts are dependant on officers attempting to detect the DUI
driver between assignments . LEAF grant money would allow the department to hire officers, on
an overtime basis, specifically to detect and apprehend DUI drivers.
The passage of this ordinance should have no long-range impact on other City departments. The
ordinance is a requirement of the grant process.
FINANCIAL IMPACT
No financial impact to the City would occur. Local agency match funding required by the grant
would consist of existing "in kind" previously budgeted resources.
LIST OF ATTACHMENTS
Proposed Ordinance
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ORDINANCE NO. __
SERIES OF 1996
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BY AUTHORITY
AIIU.IOA
CDIJNCII.IIIU.NO. 56
INTBOD'UCBD BY COUNCll..
ICTW
AR OBDINANCB APPIIOVING AN INTDGOVDIOIIINTAL CONTBACT
BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLBWOOl>,
OOI.OUDO, DLATING TO TBa LAW DIOaCIDIINT AIIIIBTANCS ,mm (IMP)
PROGRAM.
WHEREAS, the Ea,lewood Deputmmt al s-ty SerrieN haa IUbmitt.ed u application
to the Colorado Deputmmt of Hipwa:,a, Ollce alTnmpanation Safety, for ftmdiq to
conduct a pro,ram under the Law Emorcemmt Aautance Fund (LEAF) for the prevention
of dnmbn driving ud the enforcement of lawa partaiDiDs to the driviq under the
influence of alcohol and clrup; and
WHEREAS, purauant to '3+404, C.R.S., the State ia autbori&ed to allocate LEAF funda
by contract to local cities and counties to benefit the bealth ud ufety of penom in Colorado
by the implementation of local pnlll"&IDI developed by tbNe local autboritiea far drwabD
driviD1 prevention and law enforcement improYementa; ud
WHEREAS, the total budpt amount autharmd by the camnct far the actual c:aata al the
project work ia $50,000 with the State'• muimum lhan from LEAF • $15,000 or 3011, and
the City', lhan aa 135,000 or 7()'lf,; ud
WHEREAS, the Eqlewood Department of s-ty SemCN haa IMilabJe tbe t.edmical
ability to properly perform the project u cleacribecl in the applicatiGa ud to addnu the
LEAF objectives of the State Lesillat>.ue;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sgtigp 1. The interpenrmental Cllllfnl:t W-the Sta• alColando, far thew and
benefit of the Colorado Department ol 'l'ramportat:ia, om. al 'l'nmpanalioD Safaty, and
the City al Enel-ocid. far the Eqlewood Depanmmt al Saflty a.mo., CPaliN
Department), a copy ofwbich marbd Emibit A, ia dadled ..._ and iDcalparatad blnin
by reference known • L-05-97, ia benby appr'Oftd by Baalawaod City Coaadl.
Sed;igp 2 . The Mayw and City Clerk are hanby audlariDd to ap and at&el& said
Contract OD behalf of the City ofEqlewood and the lnpwood Dlputmmt alSdlty
Services.
Introduced, read in fllll, M paaaed OD tint J"Ndinr the 7th day al October, 19N. I .
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ATTEST:
LOllcriabia A. Bllu, City Clerk
I, Loacriabia A. Bllia, City Clerk oltbe City of......_., Colando, blnby Cllltify that tbe
abovli and~ ia a tru copy of a Bill for a~. iatalMNllld, rwl ia fall, and
paued OD ftnt readiq Oil tbe _ day of 1998.
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DEPARTMENT OR AGENCY NUMBER: L.05-97
CONTRACT ROUTING NU-ER:----
CONTRACT
THIS CONTRACT, Made this day of , 1996, by and between the State of
Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation
Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222-3406 {hereinafter refenecl to as "the
State; and the City of Englewood, for the Englewood Police Department. 3615 S. Elati Street,
Englewood, CO. 8011 O {hereinafter refenecl to as "the Contractor").
WHEREAS, authority exists in the Law and Funds have been budgeted, appn:,pria1ed and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
-Number 403 , Appropriation Code 304, ORGN 9817, Function Number 9586, GBL Number OSLE and
FEIN Number 846000583-F; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the Legislature has created the Law Enforcement A.saistance Fund {LEAF) for the
prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and
WHEREAS , LEAF has been established to provide funds to aid in the prevention of drunken driving
and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and
WHEREAS, pursuant to §4~. C.R.S., the State is authorized to allocate LEAF funds by
contrad 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 drunken driving prevention
and law enforcement improvements ; and
WHEREAS . the Contractor has aubmillled a LEAF project funding Application, which has been
approved by the State ; and
WHEREAS , the Contractor has Nlatllilhed a qualified program, conaiatent with current State
Highway Safety rules at 2CCR 602-1. to coonll ... afb1s to prwt drunken driving and to enforce laws
pertaining to driving under the influence of alcohol and drugs within Ila jurisdiction; and
WHEREAS . the Contrador has available the 119c:hnical ability to properly perform the project as
described in the Approved Application and to addrNI the LEAF objectives of the Legislature; and
WHEREAS , this Contrad is exec:ulled by the Stale under authortty of 29-1-203, 43-1-106 , 434402
and 403 , and 24-42-103 CRS, and by the Conlractor1nienection129-1-203and ~11-101, 31-15-101
CRS or home rule charter, as applicable , and the attached rwsolution.
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NOW THEREFORE, it is hereby agreed as follows :
1. The Contrador's Approved LEAF Application, the LEAF Contrad Management Manual dated
August 1, 1992 and LEAF Application Guidelines dated July, 1992, the State Highway Safaty Rules at
2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference • terms and
conditions of this contrad. The ContradOr acknowledges that it has received copies of the LEAF
Contract Management Manual, the Application Guidelines, and the State Highway Saf9ly Rules. The
Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict belween
the terms of this Contrad and the terms of the incorporated materials, the following priority shall be UWS
to resolve such conflid:
A. State Highway Safety Rules; then
B: LEAF Contrad Management Manual and Guidelines; then
C. This Contract; then
D. Attachments A, 8, C, in that order; then
E. Approved Application.
2 . The Contractor shall carry out the program and shall perform the activitiel which are specifically
described in the Approved Application and are generally described in Attachment A (collectivety, "the
project").
3 . The Contrador shall submit quarterty repor1s to the State detailing the performance of this
Contrad according to the reporting criteria described in Allllchment 8 .
4. Prpject Fyndjng Prpyj8jons. The total budget amount authorized by this Contrad for the actual
costs of the project work is $50,000, as described in Atlachment C. The State and the Contractor
shall participate in the payment of this total budget amount, as provided herein.
A . State's maximum share (from LEAF)
8. ContradOr's share
TOTAL AMOUNT
$15,000 (30%)
$35,000 (70%)
M0,000 (100%)
The State shall use LEAF funds exclusively to pay for 30% of the actual costs incurred by the
Contractor for the project work up to the State's maxlnun share amcurt of $15,000 (30% of
$50,000). Provided, however, that the State's maximum stwe lhall not 8XCNd the amount of
S 15,000 for any reason, including if the Contractor volunlarily pays more than the rnnnum malCh
amount required of the Contractor under this contract. unlea this contract is suppiemallld in writing
to that effect prior to the incurring of any COit in ..... of the total budgat amount
The Contrador shall provide a minimum rnalch lhlre of $35,000 (70% of $50,000), ellher in
payment of actual costs incuned for the project work or in the performance of iMCind NMCN on the
project, which reimbursement be directly related to the enforcement of laws pertaining to driving
under the influence of alcohol or other drugs.
Page 2 of 7 pages
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It is anticipated that the Contractor may voluntarily provide either payment of actual costs or
in-kind services exceeding its minimum match requirement in order to establish the project on a
pennanent basis, provided that it is expreuly understood that any such voluntary payment or
Nrvic:es shall not increase the State's maximum share under this contract. ·
In addition, if the Contractor fails to provide the total amount of ill minimum match share the
State's obligation to pay ill percentage share shall be reduced in direct proportion to the extent of
such failure, so that the State's obligation will be reduced $30 for each $70 (30%-70%) the
Contrador fails to provide. Upon notice from the State, the Contractor shall repay the State any
amount that was paid by the State and that a aubaequent audit determines the Contractor exceeded
the State's percentage of obligation under this contact
If the Contrador incurs project coats which exceed the Attachment C budget amount without
first obtaining an approval in that amount by written contract amei ldment, the Contractor shall be
solely responsible for the payment of such exceu coats.
The State share of the total budget amount will be provided solely from LEAF funds. Any
obligation of the State under this Contrad is contir igent both upon LEAF funds being available for this
Contrad and upon the Contrador providing its minimum share.
The State will pay the Contractor for the State's share of actual coats incurred on a monthly or
quarterly basis, subject to prior review and approval by the Stale of work perfonnance and pursuant
to payment procedures contained in the LEAF Conlract Manual. The Contractor shall maintain an
Itemized accounting of all billings and other records to support an coats chaged to the Conlrac:t and
shall present same to the State upon raquest.
The obligation of the Contrador for al or any part of the paynwlt abligationl Nt out twain shall
only extend to monies duly and lllwfuly apprapa 1•1 d for the purpme of thil Connet by the
Governing Body of the Contrador. The ConlractDr henlby repr--,11 and W8fTWIIS that the monies
to pay for the ContradOr's obligations deacrl:,ed __, have alrNdy been legally appraprlalld by the
Governing Body for the purpose of this Conlrllct.
5. The effective date of this contract ahall be ttw dam the Colltrollet of ttw SC.. of Colorado
approves this contrad. or such,..... dam specill9d Mntin. The Contract ahall begin~ 1, 1887,
and shall terminate on December 31, 1997.
6 . The Contractor agrees that any aubconlrac:a enllr9d into by the ColllracW under ttlil Connet
must meet all applicable Stale and F....., -----and must be apprOV9d by ttw Office of
Transportation Safety prior to execution by ttw ConlractDr.
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7. a) Ieanioat;on Pue to Loss of funding. The parties hereto exprNSly 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 Con-
tractor 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
tenninate this Contract.
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b) Termjnat;on 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 setoff 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) Itrrnioat;on for Conyenjence . Either party may tenninate 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 lilf1'nnation by giving wrffllln notice
of tennination to the other party and specifying the effective date thenlaf. at !eat twenty (20) days
before the effective date of such termination .
8 . The Contractor shall adopt a resolution substantially in the fonn prwntad by the State, which
approves this Contract, obligates the necessary local monies to pay for Ila share of costs or in-kind
services and authorizes a signatory to execute this Contract. A copy of such rNOlution shaft be
attached to and made a part of this Contract.
9. The Contractor shall perform its duties hereunder a an i11depe11dent conlrador and not • an
employee. Neither the Contractor nor any agent or employee of the ContradDr shall be dNmed to
be an agent or employee of the State . The Contrac:tor shall pay, when due, al reqund employment
taxes and compensation (and show proof of such insurance) and unamployment compenution
insurance in the amounts required by law. and shall be solely reaponeible for the acla of the
Contractor. its employees and agents.
10. The Special Provisions are attached hereto and her9by made a part hereof as terms and
conditions of this contract.
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IN WITNESS VVHEREOF. the parties hereto have caUNd the foregoing cantract 1D be executad by
their duly authorized officerl the day and year first above wrttlen.
City of Englewood
Contractor.~ri:iiiiiiiiiiiiiiioc""""~ POlitlon: llayorD11U1111B•r1m
Thomas J. Burns, Mayor
Contractor:--------POlitlon: Chlaf#Sherftf
APPROVED AS TO FORM:
City of Englewood
AtlDmey
Daniel L. Brotzman, City Attorney
ATTEST
City of Englewood
Clertc
Loucriahia A. Ellis, City Clerk
STATE OF COLORADO
ROY ROMER, GOVERNOR
By ___________ _
MATTHEW REAY
Branch Manager
Transportation Safety &
Traffic Engineering Branch
ATTEST
CIIWClerk
Depar1ment of Transportation
APPROY4!S
CLIFFORD W. HALL
State Controller
By _________ _
GEORGE MCCULLAR, Conlroler
Department of Transportation
By U ... M ___ 'l __ a. ___ ll'l ___ M _______ _
A•f11ant Nltotrwf General
Civil Lllipllan Section
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I COLORADO DEPARTMENT OF TRANSPORTATION .
_ IrBU' CONTRACT ATTACBNEN'l' A
L.ol-87: To incaue and improve the enfarcement d the lawa pertaining 1D lllcahol and drug l'9lal9d
nfflc °""'1H1 within the City d EnglNood by parfaming the activlliN delcrlled in the Approvad
Application and summarized below.
1
2
3
4
Provide ot'llcenl through out the """ d this contract to perform DUI enforcement duties
nd activities within the City d Eliglewaod • Dt8cl in the AppfOV9d Application.
Conduct at last two IObrialy c:hedcpointa or saturation patrols during 1997. Thia can be
in cooperation with a nearby agency, the Stall Plllral or IOlely by the Englawood Police
Oepanment.
Englewood Police Dapar1ment wi1 be activlly involved in TJte ,,,_, la On/ DUI
nforcement pubic ...,...,11 campaign by tllking the INd in at least one of the joint
efforts and raport back the l9qUNtld data in a timely manner to COOT.
Make all rwonable .nartl 1D incrw111 the DUI alcohol and drug relaad a"911s within the
City of Englewood by 5% from the 1998 level.
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I COLCIIWIODIPARTaNTOFTIIANIPOIITATICIN
. I,BI\I' CON'l'RACT A.ffACJINl!MT B
FF Project• L-OS-17 -S1uJ1••ood ~lioe Dapart:aellt
1). Each quarter the ConlractDr.,.. IUbmit • ,-port 1D tt. Ollce ofTran1portation Sallty In
accordance with the LEAF Conlract Mmiagernent Manual. The Qumllrty Rapor1a wa ..... al activity
accomplilhmenls a raquinld by Conlract Nwnber L-05-87 dlmg tt. NPQ1111ig pertod. The
EnglNood Police Department wa UN the provided LEAF Grant ............ paclcage when
compliig data and submllliig tt.19qUnd '9P()r1a. Al r9Clpiela .. be raqund 1D UN tt. lOftwar9
• eo that the Staa. can balllr' manage the LEAF prognm.
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2). No payment for COit lncuff9d during the raportilig period wa be nlimburNd by the Office af
Traneportation Safety If IUCh Qlallrty Reports are not Cll'l9llt or .. not compled Uling the LEAF
Grant Manager software program.
3). Upon completion of all LEAF activity the Englewood Police Dllpal1n.nt wa lUbmit a Final Rllport
In accordance with the LEAF Contract MllnagerMnt Manual.
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COLORADO DEPARTMENT OF TRANSPORTATION
I,BU CONTRACT ATTACBNENT C
I.-05-97 -bg1ewood Po1ice Dapar1::aant
.... ol fundl
TOTAL
LEAF
II0,000 111,000
IXPWI
C•IDlr T ....
...... Services U0,000
o,eraMng eiipeiw ~
Capllal equipment ~
T--~-~
TOTAL U0,000
Local
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Sale of properties
October 7, 1996 11 a 1 developed for Project BUILD
Initiated By St.ff Sources
Paul Malinowski, Exec. Director of EHA
City Manager/Housing Authority Jerry Nestler, Housing Specialist
COUNCIL GOAL AND PREVIOUS 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.
RECOMMENDED ACTION
To pass an ordinance approving the sale of the following properties developed for the BUILD
Project: 2033 West Baltic Avenue, 4138 South Bannock Street, 2914 South Elati Street, 4070
South Lincoln Street, 401 West Oxford, and 2398 West Warren Avenue. The properties will be
sold for no more than seven percent above the appraised value, and no less than seven percent
below the appraised value.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1990, City Council recommended a program be instituted in Englewood whereby newly
constructed, single family homes replace seriously dilapidated or obsolescent homes. New
homes would be also built on vacant land. This recommendation has also been incorporated into
the draft Comprehensive Plan for the City .
FINANCIAL 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 will be returned to the BUILD fund
when that property is sold and the new loan is closed.
LIST OF ATTACHMENTS
Proposed bill for an ordinance.
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BY AUTHORITY
ORDINANCE NO . _
SERIF.S OF 1996
A IIILL J1'0R
comrm.. BDL !10. 48
INTRODU~CIL ,.,, ..... ~-=11---:;:a,,-
A!I 08DDIA!ICB APPBOVJ!IG TBB &&LS OP SIX PltOPD'lU8, WRICH WDI:
DEVELOPED FOR THE "BUILD" PROJECT, ON THE OPEN MARKET .
WHEREAS, the Englewood City Council allocated SII00,000 from the General Fund for
Project BUILD; and
WHEREAS, in 1990 the Englewood City Council l'IICOIIUlleDde a prCJll'UD be instituted
whereby newly c:onatructed, single-family homea are built to replace aerioualy dilapidated or
obeolete ltruc:turw, or are built cm vacant Iota; and
WHEREAS, 1ix 1uch developed propertiN are ready to be eold to private putiea who will
eecure their own financing, thereby replacing the City funde Uled and returning them to the
BUILD fund ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
$ec;tion 1 Approval ia hereby pven for the Ale of m propertiea which were developed for
Project BUILD . Said propertiea will be aold to private putiea who eha1l NCUn1 their own
financing and the City f\mde, which were ued to pun:baN and develop Aid propertiea, llhall
be returned to the BUILD fund. The Ale price ii to be the fair market price bued cm appraisal
plus or minue aeven percent (711>).
$ec;tigp 2 The followin, propertiN to be IOld are properti• which wen developed for
Project BUILD:
1 . 2033 Weat Baltic Avenue
2. ,'138 South Bannock Street
3. 291, South Elati Stnet
,. .070 South Lincoln Street
5 . ,01 Weat OJd'ord Avenue
6. 2398 Weat Warren Avenue
The eale of th-propertiee lhall require the purc:b.-to ap'N by Npante document u
follow,:
1 . The purchuer lhall be the occupant.
2 . The purchuer lhall not own any other reaidence cm the date of tranafer of deed to
the above propertiel.
3 . The property may not be rented by the OWDel' durinc the 6nt three (S) yean of
ownenbip.
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Sertioo a. '11ie Mayor and the City Clwlt are autbarised to ewute the proper bm at deed
for the CODYeyaDCe at~ propertiea punuant to Sectian 72 at the....._ City a.art..
Introduced, read in full, and .....-1 on tint l'Ndins on the 7tb dq afOetiabw, 1986.
Publiabed u a Bill far an Ordiaaaat on the lOdl day afOetiabw, 19N.
ATTEST:
Louc:riabia A Ellia, City Clerk
I, Loucriabia A Bllil, City Clerk at the City af ........ C ......... llawy catit:, tbat the
above and foretaats ii a true copy ol a Bill for an Ordmance, imaUhCld, read iD full, and
paNed CID flnt nadin, Oil the '71b day at Octolier, 1818.
Loucriabia A Ellia
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COUNCIL CQMMUNICADQN
DATE: October 7, 1996 AGENDArnM SUB,JECJ': 1997 Comnmnity De-
11 a ii
velopmeM Block Grw
INIDA 'Im BY: Housina Authority of die Sl'Aff SOUltCE: Paul Malinowlki, Eucu-
City of En&lewood live Direc:lor; Jmet Grinneu, Housilla Fance
Specialist
COUNCIL GOAL AND PREVIOUS COUNQL ACIJON;
~: Housina
Prcvjou1 Action: City Council bu appro\'ed resolutiona 1IO file CDBG lfPlicllionl IIDlllly since
1977. In addition, die City Council appro\'ed die eucilballof• ......... waal Aareen1ent
between die City ofEn&lewoocl and Anplboe County by,... ofOl'llinace m, Series of 1994
coverina die participation in die Anpahoe County CDBG Enddena• Prasram for ftmdln& years
199S throup 1997 .
RttQMMPIQEQ ACIJQN;
Staff seeks Council support for a resolution IO apply for a 1997 CCJIIUIUlity De..ao, a Bloct
Grant (CDBG). Fundina levels for 1997 are not yet 8¥lillble, 11111 it ii W iJ MI t .... ru.tilrs
level will be close to the 1996 CDBG awud, whic:11 wa $215,191.
The &dml cmHl fmmm consias of die followilll objec:dwa:
The Erulement Pro&ram provides lflllS to units of local .,..._ 11111 mt.n COUTlliel IO meet
housina and community developmerl needs. 'Ille primary abjecdve of• propa ii• dewl-
opment of viable urban comnainltles by:
1) providina decent housin& Ind a IUillble livilll llffll'OIDII•; Ind
2) expandina economic opportunities, principally for penons of low-Ind moder•
income.
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The objective of the Program is achieved through a program developed by the local government
which is designed to give maximum priority to those activities which will benefit low-and moder-
ate-income families or which will aid in the prevemon or eliminllion of slum or blight. The re-
quest for funds may also include activities which are designed to meet other urgent development
needs in the community which pose a serious and immediale threal to the health or welfare of the
community if other financial resources are not available.
The activities that will best serve the objectives of the program will be delermined by the local gov-
ernment.
Funds, which are approprialed annually by the Conareu for thil proanm, are alloc:a&ed by stalU·
tory formula to each entitlement area. Anplhoe County ii • approved emitlement .._ The
grant funds are dillribuled on a fornmla basil ID participllina cities within Anplhoe County.
In order to receive funds from the 1997 Anplhoe County CDBG Program, the local govemmeill
must submit an applicadon. Since the program ii noncompetitive, the County will evaluale the
applications based on compliance with the Nllional Objecdvea.
The J..&al. Prpmm Objec;tiyg·
For fiscal year 1997, a multi-project CDBG applic:alion ii bein& proposed. Funds are being re-
quested to support the City's CIOllliming Housin& Rehabililalion Project and the Broadway Corridor
Project and also to provide funds for the Family Self Sufficiency Program sponsored by the En&le-
wood Housina Authority with the followin& estimad amounts:
I) $150,000 to rehabilitale 15 low-income housing units sc:lllered throughout the
City;
2) $50,000 to demolish and rebuild I low-income housin& unit in the Broadway Corri-
dor Project area;
3) $10,000 to suppon Family Self Suff'aclency
4) $40,000 for direct monitorina and general adminiltl'llion.
Funding will allow the COMilmlion of the Housin& Rehabilitation and Broadway Corridor Projects,
and will assist with the fundin& for the Family Self Sufficiency Pqnm apomond by the &ale·
wood Housing Authority.
ONANQAL IMPACT;
The existin& employees in the Housina Division are available to •minister lhe prosnm, and their
salaries and benefits are part of the City's CIOlllribulion IOWad fundin& lhe Housins Rehabilitation
and Broadway Corridor Projects . The City will utilize a portion of lhe COBO funding ($40,000)
to partially off-set the cost of those salaries and benefits.
YSJ QF .\TIACHMEN[S;
Resolution •
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·~ntnan OPBMGUIWOOD MJ'l'809!1NQ'l'IIS IIDIJIIDIG /
AUTHOBITY OF THE CITY OF ENGLIWOOD, COLORADO TO FILE AN
.... flllDII Wl'III WNar:la OOUlft'I' J0a A 1llr oa•'1Jatl
PJVKWPMSNT BLOClt ~ TO FIJJG)~USING RBBABILITATION
...... ta ..... AYOG +aa AIID.tllllrWllll '11111
FUNDING FOR THE FAMILY SELF SUFFICIENCY PROGRAM.
WHEREAS, Enpewood City Council bu appro¥9d CDBG ~ "-1977 wl
approYed the euc:utiOD ofotm ID..,._.tal Acr-t with tbe ...... of OrcliuDce
No. 37, Series of 1991 covwm, tbe City'1 puticipatian ill tbe Anpaboe County CDBG
Entitlement Prop-am for ftmdinc yean 199'l throacb 19M; wl
WHEREAS, the Eqlewoocl City Council i1M*Wed ,_.... ofOnlillace No. 89, Seriel of
19M, authorising the aecution of an ID~ Ac, a rt....._ tbe City of
Eql-oocl and Arapahoe County coveria, participetiOD ill tbe Anpaboe County CDBG
Entitlement Prop-am for fimdini yean 19915 throacb 1117; wl
WHEREAS, the Arapahoe County Community Develapmmt Bloc:k Grant Prop-am
provides grantl to putic:ipaan, municipalitiea to meet bouams ad -unity
development needl; and
WHEREAS, to compete iD the Arapahoe County Community l>ewllopment Bloc:k Grant
Prop-am, local government. muat aubmit an application; and
WHEREAS, the City of Ensl-ood bu ~ a notice of ftmd availability; and
WHEREAS, the Houainc Authority of tbe City of Enalewood, Colcndo delirN to apply for
tbeN fundl throup the Arapahoe County 1997 Community ~-t Bloc:k Grant to
fund the HoU1in1 RebabilitatiOD Prop-am, The Broadway Corridor Pnject and Uliat with
the fundinc for the Family Self 8dlc:iwy Plepoam ill tbe City of Bapwoocl;
NOW, THEREFORE, BB IT RBSOLVBD BY '11D CITY COUNCIL OF Tim CITY OF
ENGLEWOOD , COLORADO, THAT:
Sectim 1. The HOUlins Autbarity of tbe City of....._., Calando ia....., atllariaed
to file an applicatiOD for an Arapahoe County 1997 C-.UDity DI, 11,....t Block Ormt to
fund the HOUlinc Rehabilitation Plepoam, tbe Broadway Canidar Project ad Uliat with
the fundinl for the Family Self Sufflc:imcy Plepoam ill ad a tbe City of .........
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Sec;tigp 2. The Mayor and City Clerk are authorized to aip and attNt all n-.ry
form•, documents, uauranc:ea and certificationa for the Community Development Block
Grant for and on behalf of the City Council and the City of Eqlewood.
ADOPl'ED AND APPROVED tbia 7th clay afOctaber, 1986.
ATTEST :
Louc:riabia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Cl.it fCII' the City of Enpewood, Colorado, benby certify the
above ia a true copy of Reaolutian No._, Seri• of 1986.
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1997 CQID1I'l'!' DEVELOIND'l' BLOCK GltAl1'r UPLZCM'IOR
l. Name of Proposed Project: Housing Rehabilitation Project
Project Address: various addresses within the City of Englewood
Amount of 1997 CDBG funds requested: _$_1_90 .... ,._o __ o __ o ____________ _
Total cost of project: _$ __ 4_0J.._,._o_o_o __________ _
2. Applicant (s) :.....;;;.C_i t""yo......;o;;.;;f;.....;;;En~g""l""e"'"wo_o-d ___________________ _
In the case of a multi-organizational application, names of other
applicants: not applicable
If applying on the behalf of another entity, name of that entity:
not applicable
3. Chief Official of applicant:
Name Thomas J. Burns Title __ Ma ...... y __ o_r ________ _
Mailing Address 3400 S. Elati Street
City/Zip Englewood, co 80110 Phone __ 7~62--~2~3 ... o __ o _______ __
4. Designated contact person for this application:
Name Janet Grimmett Title Housing Finance Specialist
Mailing Address 3460 s. Sherman St, Suite 101
City/Zip Englewood, CO 80110 Phone_ .... 7~61--_6;;.;;2~0 ... o _______ __
S. Type of activity or project (select one from A through L and one
subgroup, if applicable) : Please review the attached list of eligible
and ineligible activities.
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A.
B.
c.
D.
Acquisition or Disposal of Real Property
Public Facilities and Improvements of:
Senior Centers
---Handicapped Centers
---Homeless Centers
Youth Centers
---Neighborhood Facilities
---Sidewalks
___ ,arlr.inf Facilities
Solid Waste Disposal Facilities
---Flood Drainage Facilities
---Water or sewer Facilities
SUNU
,art., ltecreational Facilities
Clearance and Demolition
Providing Public or Community Services tor:
Senior Services
---Handicapped Services
---Hoaeless Services
Youth services
::::: Transportation Services
Substance Abuse Services
---aattered and Abused SpomH
::::: lllployaent TrailU.119
CriM AMareness
::::: lomi119 Services
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__ Tenant/Landlord Counaeling
E. Removal of Architectural Barriers
F. X Rehabilitation
_x_ Single Faaily Residential __ tall.ti-Faaily Rousing
__ Low-Incoae Public Rousing Inergy Efficiency Iapro-ts
__ Other Publicly-owned Residential 'aiiildings
Publicly or Privately owned CC1111Nrcial/Ind\1strial = Acquisition -for Rousing
G. Code Enforcament
H. Historic Preservation
I.
J.
K.
L.
6.
Economic Development Assistance to Private For-Profit
Entities
Planning
Administration
Other -please describe: ______________________________ _
Indicate which one of
benefit (as described
check an objective
administration.
the national objectives your project will
in the application guidelines). Do not
if the activity is for planning or
A. Low/Moderate-Income Benefit
X
Area Benefit (not designed for a specific individual
providing benefit to an entire locality)
Limited Clientele activities (Ex: Seniors, handicapped
persons -benefits one defined group of
individuals)
X Housing activities
Job creation/retention activities
B. Elimination or Prevention of Slums or Blight
Area basis
Activity to complete an urban renewal project
Spot basis
c. Urgent Need
~-Urgent need activities
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D. Please describe how this project meets national objective
requirements.
7. Description of the project: The Housing Rehabilitation Project
provides affordable rehabilitation loans to low and moderate income
homeowners scattered throughout the City of Englewood. CDBG funds are
blended with monies provided by a bank consortium through a line of
credit to make below market interest rate loans for up to a 20-year
term. The interest rate could be as low as zero percent depending upon
the income of the family. The program enables low and moderate income
families to live in safe, sanitary and decent housing units that meet
or exceed the Section 8 Existing Housing Quality Standards.
A. General project goals: To rehabilitate 15 single family
residences for low or moderate income families within the City of
Englewood.
B. Quantifiable performance standards: To reduce substandard
housing by 1%.
c. Explain how the project has been coordinated with any local
community development planning process or other agencies, as well
as any citizen participation that took place in the development of
the project.
Housing (development and/or rehabilitation) is one of the top
five priorities of the Englewood City Council .
D. Describe how the project will be implemented, including other
entities or subcontracts that will be involved.
The Housing Rehabilitation program is a continuing program which
began in 1977. The additional funding will serve to continue the
existing program. Policies and procedures an already in place
and the program will by handled by existing staff. No
subcontracts or other entities will be involved. General
advertising for the rehab program will be done to encourage the
participation of minority and waaen-owned bu.in••• enterprises
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through articles and announcements in newspapers of general
circulation. Even though a waiting list currently exists,
articles and news stories will be placed the Englewood Herald and
the Englewood Citizen advertising the availability of the Rehab
Program. Loans will be available to finance the necessary work
items. The terms of the loan will vary from a zero percent
deferred loan to a blended rate loan amortized up to a maximum of
20 years. All loans will be secured by a lien filed on the
property. All units will meet the Section 8 Existing Housing
Quality Standards upon completion of the rehab. The following is
the work priority order: ll life threatening or safety problems;
2) handicap retrofit; 3) energy conservation; 4) elimination of
potential code problems; and 5) general property improvements
(GPI). GPI cannot be financed with CDBG funds. Applications will
be taken on a first-come, first-served basis with priority given
to emergency situations. Initial eligibility and work
specifications will be determined and prepared by existing housing
division staff. Loan approval will be handled by the Rehab Loan
Committee made up of 3 non-staff persons. One member is appointed
by the Englewood Housing Authority Board of Directors; one member
is appointed by the bank consortium; and, one member is appointed
by the Mayor. Loan closings and construction monitoring will be
handled by staff. Construction funds will be disbursed from
individual construction escrow accounts held at one of the banks
within the consortium. The homeowner will have an approved
contract with an eligible contractor following all normal contract
procedures. Funds are disbursed to the contractor after an
inspection is made and accepted by the homeowner, City Building
Dept., and the Housing Construction Specialist for the EHA. No
funds are advanced to the contractor. No more than 80% of the
funds approved for work items will be disbursed. Final
disbursement will be made to the contractor after final acceptance
by all parties and lien waivers have been received from the
contractor.
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8 , Are 51% or more of the people served by this project of
low/moderate income status? X Yes No
A. Estimated percentage ..... .....;;;.1~0~0 ............... %
B. Cite data for low/moderate-income analysis, including census
tract and block group (see Attachment 1 for HUD census data).
C.
Direct client services
If this is a direct client service such
rehabilitation, or job creation/retention,
low/moderate-income eligibility is determined.
as housing,
explain how
Eligibility is determined by a face to face interview. The
applicant must supply proof of annual income including, but not limited
to, wage stubs, employer's statements, SSA, SSI, and VA verifications,
AFDC, OAP verifications, bank statements, and any other verifications
needed to substantiate any other liquid assets such as stocks, bonds,
etc.
9. Project will primarily serve residents of:
or incorporated municipalities X One
(which'?°Englewood )
more
Unincorporated Arapahoe County ====: County-wide
A. Percentage of service recipients residing in unincorporated
Arapahoe County: -0-%
B. If this is a County-wide project, explain how it will help
residents living in unincorporated areas.
not applicable
10. Management Capability
A. Describe overall staff capability and experience in
implementing this project and managing federal funding.
Janet Grimmett, Housing Finance Specialist, has over 15 years
experience administering various federal, state and local housing
rehabilitation or homeownership programs; and, Steve Ozburn, Housing
Construction Specialist, has over 21 years experience inspecting single
family homes, writing work specifications, and monitoring residential
rehab projects through to the completion stage.
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B. Please indicate the amount of any CDBG funding your
organization has previously received from Arapahoe County, as well as
the amount of any such funds still remaining.
1993: $249,787.00 Remaining: -o-
1994: $265,531.00 Remaining: -o-
1995: $236,577.00 Remaining: -o-
1996: $215,791.00 Remaining: $180,791.00
C. List the names, titles, mailing address, and phone numbers of
the following persons who will have responsibility for managing the
project if the grant is awarded.
1. Project Manager (responsible for overall grant administration)
Paul Malinowski, Executive Director, Englewood Housing Authority,
3460 s. Sherman St, Suite 101, Englewood, CO 80110
2. Project Coordinator (responsible for day-to-day ectivities)
Janet Grimmett, Housing Finance Specialist, 3460 s. Sherman St,
Suite 101, Englewood, CO 80110
3. Fiscal Officer (responsible for financial administration)
Claudia Thomas, 3400 S. Elati St, Englewood, CO 80110
11. Is your organization a:
Non-profit (type _________________ ~
For profit --x---Governmental (type_Mun __ i_c~ipa __ l ________ _
Other (describe ______________ _
If a non-profit organization, please •tt•ch "ll)ropri•t• tax status
certification.
12. Attach a line item budget for the proposed project using Form 12.
Include total project cost and all funding sources.
13. Attach a project timeline using Fora 13.
14. If the project includes any physical i.aprov ... nts, till out and
attach Form 14, complete with estillated coats.
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COLUMN A
..... u. ..........
Alliwilia
A. ........ ~ ...
by l'rionly(~ ..... ,
&I .. lliaa
.......i
8. ,,... Al:livilioo. Lill by
Priarily (~ _., alojocliw) ... ,, .. lliaa
Di!N ...... W--. ........... ~
MIMlioo ........
~·Mlffllia
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J:DDIIT B
!'CR( 12
COIDIN B COI.tNf C
....... T ... C.tltiat .... .,c:mo,..
lm•AIIMIJ~C-.......
C...D)
S,1,000 S 10.000
145.000 s JG.GOO
SJ00.000 SU0.000
S40l.OOO ......
~
S40l.OOO ··--
COLUMN D
c-..,.. o..111,,1 (~ .,.....,
s 41,000
S IS.000
1150.000
DIJMO
DIJ.000
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~Lll, 11111,---~l :-r-ti-___ _Jit
l,1 111 ~.11.n,tt-11 ____ JJ
s ~rw,1.pm-,ti-" t--'t--_-_-_-_-_-_-_J_JI
I J. 1111 -1
; iLl 11:-1111,: :t: ____ Ji
~ . :: 111 -t
j 1 .... ,1 ---~! -1
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Activity Description Number of Unit
Units or Price
Size
Source of Estimat•=-----------------
Date of Estimate:
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Total
Cost
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TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE STATDENTS AND DATA IN THIS
APPLICATION ARE TRUE AND CORRECT, AND ITS stJIIIISSI<* RAS BEEN OOLY AUTHORIZED
BY THE GOVERNING BODY OF THE APPLICANT. WITH TRIS sualISSic»r, 1IE ALSO AGREE
TO FOLLOW ALL RULES AND UGUIATI<*S GOVERNING CDBG nJNDING.
SIGNATURE, CHIEF OFFICIAL SIGNATURE, CHIEF OFFICIAL*
Thomas J. Burns
NAME (TYPED OR PRINTED) NAME (TYPED OR PRINTED)
Mayor
TITLE TITLE
October 7, 1996
DATE DATE
*Additional signature required only in the case of •mu1ti-or9anizational •
applications. If this is a •multi-or9anizationa1• application, the chief
official of each entity makin9 application must sign. Attach an additional
sheet if necessary.
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October 7 , 1996
INITIATED BY
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COUNCIL COlaUNICATION
111 111
STAFF SOURCE
Subject
,... Cannct fDr Sarllll Fe ......... ...,....
Department of Public Works Chuck Early. DndDr' of Public Wortca
COUNCIL GOAL AND PREVIOUS COIMCIL ACTION
Council approved RelOlution No. 1e. Sela of 1998, IIPt:NQPlillting fundl for Santa Fe Lanmcapi11g .
RECOMMENDED ACTION )'F':{D
Staff recommends Council award. by motion, I construction contract in the amount r:f ~.70 «. •• ch
LM .. 11. Inc. for the construc:tion of...... I: t Pl g R r. -.,r hM review9cl the
quallllcallons of the low bidder, Landtllch Lmldlcapi11g, Inc .• and tlndl them accaptll>le .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED
The Cities of Englewood , Sheridan , and Uttleton identlllld the need ID enhance improvements along the South
Santa Fe Corridor . The "Tri Cities group WIS formed ID implenwlt theN impi01191Mnta .
De Leuw , Cather & Company WIS retained by the Colorado Department of Tl'III IIP(ll1lllion ID complell llndsclpe
design . At Englewood's request, COOT agrNd ID fund design for the --. conidor, including landlcllped
medians in Highway 285 from Cherokee to Hu,:on. This design wa conipllad in Sepllmber, 19118. and is
Ntimnd to cost approximately S2.200,000u;Qe Tri C-. group hal piiorttiud landscape improvements to meet
available funding. i ?-.?-..,.,.. ..
FINANCIAL .. ACT
ThirtNn contractors purchllNd plans and apecillcaliol11 for tNI projlct. The beM bid price indudN coeta
aaocia9d with landscllped medians on SH 285 from Huron lo a.aic.. Four bids ... ,---and opened
on Seplembet 25 . 1998 • dellliled in .. llltached Bid Propoul Tabulation . The Engineer's &lirlwe, snpered
by coors design consultant is considerably below .. bids 19Ceiv9d .
The City 's bid documents..,. structured ID allow deletions of portions ofwortt if bid UCNds prqect funding .
Staff recommends deleting .. construction of modular concr9III retaining walls and MIO ciald W1l1work at the
Hampden Interchange . This brings the contract amount down by $322,892 .30 ID 1417,111.70.
Adequate funds for this project .,. available within the approved budgets for Santa Fe Landscaping and City
Beautification .
UST OF ATTACHMENTS
Contract Form
Bid Tabulat ion
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CONTRACT
CITY OF ENGI.ElfOOD, COLORADO
TRIS CONTRACT and agreement, made and entered into thi•--1~•-_____ da.y
of __ -'PSTPI ........ ------~· 19 If by and between the City of SDglewood, a
municipal corporation of the State of Colorado hereinafter referred to .. the
•city•, party of the fir•t part, and
-----------------· hereinafter referred to•• the
•contractor•, party of the •econd part . WITNBSSBTH , coanencing on the
____ ___.5._th _______ day of ---•IIPTPI-.--P---· 19....11 , and continuing
for at lea•t ten (10) day• thereafter the City adverti•ed that •••led
proposals would be received for furni•hing all labor, tool•, aupplie•,
equipment, material• and everything nece•••ry and required for the following :
PROJECT: l9Jffll MID D HFIWI DYi I
IIHBREAS, propo••la pur•uant to ••id advertis-t have been received by the
Mayor and City Council and have been certified by the Director of Public llorka
to the Mayor and City Council with a recommendation that a contract for aaid
work be awarded to the above named Contractor who wa• the lOW9at reliable and
re•pon•ible bidder therefore, and
WHBRBAS, pur•uant to ••id re~tion the Contract ha• been awarded to th•
above named Contractor by the Mayor and City Council and ••id contractor i•
now willing and able to perform all of ••id work in accordance with .. id
adverti•ement and hi• propo•al .
NOW THEREFORE, in consideration of the conpen9ation to be paid the Contract,
the mutual agreement• hereinafter contained are •ubject the terms
hereinafter •tated:
A. contract P9CWP1Dt1 : It i• agreed by the partie• hereto that the
following li•t of instrument•, drawing• and doculllent• which are
attached hereto, bound herewith or
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incorporated herein by reference conatitute and ahall be referred to
either•• the contract Document• or the Contract and all of aaid
inatruments, drawing•, and document• taken together aa a whole
conatitute the Contract bet-...n the partiea hereto and they are••
fully a part of thi• agreea.nt •• if they -re aet out verbatim and in
full herein:
Advertiaement of Notice for Propoaala
Propo-1
Contract (thi• inatr,aent)
Perforaance Payment Maintenance Bond
Receipt, Rel••••, Waiver of Claima
Special Proviaiona
General Ccmditiona
Detailed Specificationa
Plana and Drawing•
B. Scopa cf Work : The Contractor agree• to and ahall furniah all labor,
toola, aupplie•, equipment, material• and everything neceaaary for and
required to do, perform and complete all the work deacribed, drawn,
aet forth, ahown and included in aaid Contract Do~nta.
c . Il[JQI of Performance : The Contractor agree• to undertake the
performance of the work under thia Contract within ten (10) daya from
being notified to conmence work by the Director of Public Worka and
agr••• to fully complete aaid work within ti111e limita/dat•• detailed
in Section 2, Special Proviaiona, plua auch extenaion or extenaiona of
ti111e ••maybe granted by the Director of Public Work• in accordance
with the proviaiona of the General Conditiona.
D. Il[JQI of bYIDIPt: The City agr••• to pay tha Contractor for the
porformance of all the work required under thia contract, and the
Contractor agree• to accept•• hi• full and only compenaation
there(ore , auch aum or auma of money•• .. y be proper in accordance
with the price or price• aet forth in the Contractor'• Proposal hereto
attached and made a part hereof, tha total estimated coat thereof
being l'9PI IPIPIIP Un:t 11111 ffl!JIIF UD -Pl 1111D' PP dpllar• IP4 IIYIID'I SMl&I · <ltl7,lll,7Pl ·
E. Appropriation cf Pupdf: At preaent, lt17 «Ill, 7P haa been appropriated
for the project . Hotwitbatanding anything contained in thi• Agre-nt
to the contrary, in the event no funda or inaufficient funda are
appropriated and budgeted by the governing body or are otherwiae
unavailable by any meana whataoever in any following fiscal period for
which appropriations were received without penalty or expense except
aa to tho•• portions of the AgreellleJlt or other amount• herein for
which funda have already been appropriated or are otherwiae available .
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The City eb&ll i-41.ately notify Trll'ffl'I HfflOPJW, g. or ita
aeeign-of euch occurrence in the .-t of euch teraination.
F. Coptract 13Pd1PS= It i• agned that thie CODtract eb&ll be binding on
and inure to the benefit of the partiu bereto, their beire,
exec:utore, adlllinietratore, uaipa, and eucceaaore.
nr lfITIDSS WBDmP, the partiea baw caUNd tbeN p~ta to be aigned
peraonally or by tbeir duly autborind offic:en or ~ta and tbeir Hale
affixed and duly atteated tbe day 1111d Y9AZ' firet aboft writtm.
Thie Contract ia mcuted in t COUDtuparta.
CITY OP llmLDOOI>
by Na=-yo---r------------
Party of the Pirat Part
ATTEST :
City Clerk Contractor
Approved ae to form: by "'Part-.-y-o""'f...,tiii_.....,,S_ec:_aad_....,j""art ___ _
City Attorney
ATTEST :
Secretary
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SOUTH SANTA FE LANDSCAPE -PHASE I
BID PROPOSAL TABULATION
SEP1Bl8ER 25, , ...
Bidder/ Plan Holder BaeBld Bond
Engineer's Estimllle $530,000.00
LANOTECH LANDSCAPING $780,292.00 y
URBAN FARMER $807,710.00 y
HAMON CONTRACTORS $852,485.00 y
RANDALL/ BLAKE $858,177.00 y
LOW BIDDER: LANDTECH LAND8CAPl'tG
Ramarb
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CQUNCU. COMMUNICATION
DATE: October 7, 1996 AGENDA ITEM SUBJECT: Amendment of Com-
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prehcnsive Zoning Ordinance
INITIATED BY: Office of Neighborhood STAFF SOURCE: Rohen Simpson, Man-
and Business Development ager of NBD
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Council Goal : Quality of Life, E.conomic Development
Previous Coupcjl Actjon: City Council bas previously discussed in study session, the Ft. Col-
lins Ordinance establishing standards and guidelines for the development of large format retail
businesses. City Council requested NBD and the Planning Commission to consider imple-
menting similar standards and guidelines IS pan of the Comprehensive Zoning Ordinance .
RECOMMENDED ACTION;
Staff requests that City Council schedule the proposed "Larae Format Retail Design Standards
and Guidelines~ tar pilllic llllllilll al lllll'Oftl • Nau la "· 19'6.
BACKGROUND. ANALYSIS. AND ALJ'ANATIVU IQIN •at •EO;
The proposed standards and guidelines on Iarse format mail businesses will provide staff, the
Planning Commission, and City Council additional opponunities to ensure quality development
of large fonnat retail outlets within the City of Enalewood. The proposed staodards and
guidelines address facets of development such as architeciural variety, scale of the proposed
development in relation to surroundin& development, pedestrian and bicycle access as well as
motorized vehicular access, and mitigation of negative impacts .
The redevelopment of the Cinderella City Mall area, IS well u redevelopment of areas along
South Br.:>adway. is of great interest and concern to members of the City Council, the Planning
and Zoning Commission, and to staff. The trend to "bia box" development bas frequently re-
sulted in bland , unaunctive expanses of concrete Walls with DO vuyq architectural fealures
to break the monotony of imposina suucnues. The proposed standards and pidelines allow
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wae format mail coostruction.. but 1bc desip will mw to meet apecific quality llaDdards and
pidelines.
FINANCIAL IMPACT;
Enamnem of 1bc propolCd desip llaDdards and pidelines for wae format mail outlets will
not require any fimncial outlay on 1bc put of 1bc Cily. Riper quality dcvelopmem can, how-
ever, result in increased cu revenues for 1bc Cily.
IJST Of AJTACIIMEN]'S;
Bill for Ordinance
Slaff Repon IOR 96-04
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ORDINANCE NO. _
SERlES OF 1996
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BY AUTHORITY
A BILL FOR
Alf OBDINANCB AIIBNDDfG Tft'LB 11, CIIAPl'D I. BY CIBATING A NEW
SECl'ION 25, AND AMENDING fflLE l&. CHAPl'D a, SBCTION 1, OF THE
.....-000 IIUNICIPAL CODS 1111 SN'l'l'ftm DIIIIOlf 8TANDA8DS AND
GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS.
WHEREAS, the City of Englewood faces a future of c:banp and community
renewal; and
WHEREAS, this ordinance aerves to introduce new regulations reprding desip ·
standards and guidelines for lup format retail buain-; and
WHEREAS, Thia proposal provides the opportunity to brin, forward ltanclanh and
guidelines that will ensure that development of I.up format retail ~-fit with
the expectationa and needa of the community; and
WHEREAS, the ltanclanh and guidelines are intended to encourap development
that contributes to Englewood u a unique place by reOec:tinc ita phyaical cbaracter
and adding to it in appropriate wayt; and
WHEREAS, larp retail developmenta depend OD hip vilibility from major public
streets; and
WHEREAS, larre development dNip cleterminel much of the cbaracter and
attractiveness of ~r at.Net -pea in the City; and
WHEREAS, marketiq interesta of many c:arpontioaa, -with ltrODf input by
professional desipen, can be potentially cletrimmtal to community upiratiODa and
sense of place when they result in muaive iDdmdual deYelapmmta that do not
contribute to or integrate with the City in a poaitive way; and
WHEREAS, these ltanclanh and guidelines require a buic lewel of an:bitectural
variety, compatible acale, pedestrian and bicycle acceu, and mitiptiOD of ne,ative
impacu; and
WHEREAS, the ltandarda are not intended to limit creativity, but rather are
intended to serve u a uaefu1 tool for desi.p pro(Naianala ...,.ct in site apecific
design ; and
WHEREAS, th-ltanclanh and guidelinN apply to all -projecta that iDclude a
retail development of 20,000 or man aquare felt u a 1119-by-riabt or within a plumed
unit development without equal or more ltrinpnt mail deaip ltandarda and
ruidelines ;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
$et;tion 1. The City Council of the City of Englewood, Colorado hereby approves
amending Title 16, Chapter 5, by creating a new Section 25, of the Englewood
Municipal Code which shall read u follows :
16-6-25: DESIGN STANDABD8 AND GUIDELINES FOR LARGE RETAIL
ESTABLISBMENT8:
A . PURPOSE. THIS SECTION IS INTENDED TO SET STANDARDS FOR
RETAIL DEVELOPMENT WITH COMMUNITY-WIDE OR REGIONAL
IMPACTS TO ENSURE THAT THE PROPOSED DEVELOPMENT FITS
WITH THE EXPECTATIONS AND NEEDS OF THE COMMUNITY, AND
TO ENCOURAGE RETAIL DEVELOPMENT THAT CONTRIBUTES TO
ENGLEWOOD AS A UNIQUE PLACE BY REFLECTING AND ADDING
APPROPRIATELY TO ITS PHYSICAL CHARACTER.
THESE STANDARDS AND GUIDELINES REQUIRE A BASIC LEVEL OF
ARCHITECTURAL VARIETY, COMPATIBLE SCALE, PEDESTRIAN AND
BICYCLE ACCESS, AND MITIGATION OF NEGATIVE IMPACTS . THE
STANDARDS ARE BY NO MEANS INTENDED TO UMIT CREATMTY;
IT IS THE CITY'S HOPE THAT THEY WILL SERVE AS A USEFUL TOOL
FOR DESIGN PROFESSIONALS ENGAGED IN SITE SPECIFIC DESIGN IN
CONTEXT WITH SURROUNDING ENVIRONMENT.
B . APPLICATION AND PROCEDURE . THESE STANDARDS AND
GUIDELINES APPLY TO ALL NEW PROJECTS THAT INCLUDE A
RETAIL DEVELOPMENT OF 20,000 OR MORE SQUARE FEET AS A USE-
BY-RIGHT OR WITHIN A PLANNED UNIT DEVELOPMENT WITHOUT
EQUAL OR MORE STRINGENT RETAIL DESIGN STANDARDS AND
GUIDELINES . ALL REDEVELOPMENT PROJECTS OF 20,000 OR MORE
SQUARE FEET SHALL USE THIS CHAPTER AS A GUIDELINE ONLY.
'STANDARDS' ARE MANDATORY . 'GUIDELINES' ARE NOT
MANDATORY, BUT ARE PROVIDED IN ORDER TO EDUCATE
PLANNERS, DESIGN CONSULTANTS, DEVELOPERS AND CITY STAFF
ABOUT THE DESIGN OBJECTIVES DESCRIBED HEREIN . THE
STANDARDS AND GUIDELINES ARE INTENDED TO BE USED AS A
DESIGN AID BY DEVELOPERS PROPOSING LARGE RETAIL
DEVELOPMENTS IN USE-BY-RIGHT ZONE DISTRICTS OR IN
PLANNED UNIT DEVELOPMENT ZONE DISTRICTS THAT IIAY BE
PROPOSING RETAIL DEVELOPMENT WITHOUT APPROPRIATE
DESIGN STANDARDS . THIS SECTION IS ALSO INTENDED TO BE USED
AS AN EVALUATION TOOL BY THE CITY STAFF AND THE PLANNING
AND ZONING COMMISSION IN THEIR REVIEW PROCESSES .
THE PLANNING AND ZONING COMMISSION IS EMPOWERED TO
GRANT EXCEPTIONS TO THE MANDATORY STANDARDS UNDER
THE FOLLOWING CIRCUMSTANCES :
1. THE STRICT APPLICATION OF THE STANDARD WOULD
RESULT IN PECULIAR AND EXCEPTIONAL PRACTICAL
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DIFFICULTIES OR EXCEPl'IONAL AND UNDUE HARDSHIP
UPON THE OWNER OF THE AFFECTED PROPERTY; OR
2. THE ALTERNATIVE SITE PLANNING AND BUILDING
DESIGN APPROACH MEETS THE DESIGN OBJECTIVES AS
STATED IN THE STANDARD, EQUALLY WELL OR BETl'ER
THAN WOULD COIIPUANCE WITH THE STANDARD; AND
3. IN EITBB1l OF THE FORBGOING CIBCUIISTANCES, THE
EXCEPTIONS IIAY BB GIWffBD WITHOtrr SUBSTANTIAL
DETBDIENT TO TBB PUBUC GOOD.
AESTHBTIC CIL\JlACTEll
1. FACADES AND UTDIOR WALLS:
GUIDELINE: FACADES SHOULD BE All'l'ICULATED TO
REDUCE THE MASSIVE SCALE AND THE UNIFORM,
IMPERSONAL APPEABANCES OF LAllGE RETAIL BUILDINGS
AND PROVIDE VISUAL INTEREST THAT WILL BE
CONSISTENT WITH THE COIOIUNITY'S mENTITY,
CHARACTER AND SCALE. THE INTENT IS TO ENCOUllAGE
A MORE HUMAN SCALE THAT ENGLEWOOD RESIDENTS
WILL BE ABLE TO IDENTIFY WITH THEIR COIOIUNITY.
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STANDARD :
a . FACADES GREATER THAN 75 FEET IN LENGTH,
MEASURED HORIZONTALLY, SHALL INCORPORATE
WALL PLANE PROJECTIONS OR RECESSES HAVING A
DEPTH OF AT LEAST 311, OF THE LENGTH OF THE
FACADE AND EXTENDING AT LEAST 20 PERCENT OF
THE LENGTH OF THE FACADE . NO
UNINTERRUPI'ED LENGTH OF ANY FACADE SHALL
EXCEED 75 HORIZONTAL FEET.
b . GROUND FLOOR FACADES THAT FACE PUBLIC
STREETS SHALL HAVE ARCADES, DISPLAY
WINDOWS, ENTRY AREAS, AWNINGS, OR OTHER
SUCH FEATURES ALONG NO LESS THAN 60 PERCENT
OF THEIR HORIZONTAL LENGTH.
llffli1c:lian1 1 w.._......,.. ......
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An ,m a::r-; felll.lt'el sue, a II.-,,.,._'°"' f/1-..........
for any tacac:1 aDumng a IIUDliC ...
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2. SMALLER RETAIL STORES:
GUIDELINE: THE PRESENCE OF SIIALLEll B.ETAIL STORES
GIVES A CENTER A 'FRIENDLIER' APPEARANCE BY
CREATING VARIETY, BREAKING UP LARGE EXPANSES, AND
EXPANDING THE RANGE OF THE SITE'S ACTIVITIES.
WINDOWS AND WINDOW DISPLAYS OF SUCH STORES
SHOULD BE USED TO CONTRIBUTE TO THE VISUAL
INTEREST OF EXTERIOR FACADES . THE STANDARDS
PRESENTED IN TIUS SECTION ARE DlllECTED TOWARD
THOSE SITUATIONS WHERE ADDfflONAL, SMALLER
STORES, WITH SEPARATE, EXTERIOR CUSTOMER ..
ENTRANCES ABE LOCATED IN PRINCIPAL BUILDINGS.
STANDARD:
WHERE PRINCIPAL BUILDINGS CONTAIN ADDfflONAL,
SEPARATELY OWNED STORES WIDCH OCCUPY LESS THAN
TWENTY THOUSAND (20,000) SQUARE FEET OF GROSS
FLOOR AREA, WITH SEPARATE, EXTERIOR CUSTOMER
ENTRANCES: .. THE STREET LEVEL FACADE OF SUCH STORES SHALL
BE TRANSPARENT BETWEEN THE HEIGHT OF
THREE FEET AND EIGHT FEET ABOVE THE
WALKWAY GRADE FOR NO LESS THAN 80 PERCENT
OF THE HORIZONTAL LENGTH OF THE BUILDING
FACADE OF SUCH ADDfflONAL STORES.
b. WINDOWS SHALL BE RECESSED OR BE EXTENDED
AND SHOULD INCLUDE VISUAUY PROIIINENT
SILLS, BAYS, OR OTHER SUCH FORMS OF FRAMING.
3 . DETAIL FEATURES:
GUIDELINES: BUILDINGS SHOULD HAVE AllCHITECTUllAL
FEATURES AND PATTERNS THAT PROVIDE VISUAL
INTEREST AT THE SCALE OF THE PEDESTRIAN , REDUCE
MASSIVE AESTHETIC EFFECTS, AND RECOGNIZE LOCAL
CHARACTER. THE ELEMENTS IN THE FOLLOWING
STANDARD SHOULD BE INTEGRAL PARTS OF THE
BUILDING FABRIC, AND NOT SUPERFICIALLY APPLIED
TllDI OR GRAPHICS, OR PAINT.
STANDARD :
BUILDING FACADES SHALL INCLUDE A REPEATING
PATTERN THAT SHAU INCLUDE AU THllU OF THE
ELEMENTS USTED BELOW . AT LI.AST ONE or THESE I ELEMENTS SHALL UPEAT HORIZONTAUY. AU
ELEMENTS SHALL UPEAT AT INTEllVALS or NO MORE • THAN THIRTY (30) FEET, EITHEll BORIZONTAUY OR
VERTICALLY . .. COLOR CHANGE
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b. TEXTURE CHANGE
c. MATERIAL MODULE CHANGE
EXPRESSION OF ARCBITECTUBAL OR STRUCTURAL BAY
THROUGH A CHANGE IN PLANE NO LESS THAN 12 INCHES
IN WIDTH, SUCH AS AN OFPSET, REVEAL, OR PROJECTING
RIB.
structural bay layout
Expreuian of Arcbitecanl or Struaaral Bay.
4 . ROOFS :
GUIDELINE : VARIATIONS IN ROOF LINES SHOULD BE USED
TO ADD INTEREST TO, AND UDUCB THE MASSIVE SCALE
OF, LARGE BUILDINGS . ROOF nATUUS SHOULD
COIIPLEIIENT THE CHARACTlll OF ADJOINING
NEIGHBORHOODS .
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STANDARD :
ROOFS SHALL HAVE NO LESS THAN TWO OF THE
FOLLOWING FEATURES :
a . PARAPETS CONCEALING FLAT ROOFS AND
ROOFI'OP EQUIPMENT SUCH AS HV AC UNITS
FROM PUBLIC VIEW . THE AVERAGE HEIGHT
OF SUCH PARAPETS SHALL NOT EXCEED 15%
OF THE HEIGHT OF THE SUPPORTING WALL
AND SUCH PARAPETS SHALL NOT AT ANY
POINT EXCEED ONE-THIRD OF THE HEIGHT
OF THE SUPPORTING WALL. SUCH PARAPETS
SHALL FEATURE THREE DIMENSIONAL
CORNICE TREATMENT. HVAC EQUIPMENT
SHALL BE CONCEALED FROM PUBLIC VIEW
THROUGH THE USE OF PARAPETS OR OTHER
SIMILAR SCREENING DEVICES. HV AC
EQUIPMENT SHALL BE PAINTED TO BLEND
WITH THE ROOF COLOR.
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b . OVERHANGING EAVES, EXTENDING NO LESS
THAN 3 FEET PAST THE SUPPORTING WALLS .
c . SLOPING ROOFS THAT DO NOT EXCEED THE
AVERAGE HEIGHT OF THE SUPPORTING
WALLS , WITH AN AVERAGE SLOPE GREATER
THAN OR EQUAL TO l FOOT OF VERTICAL
RISE FOR EVERY 3 FEET OF HORIZONTAL RUN
AND LESS THAN OR EQUAL TO l FOOT OF
VERTICAL RISE FOR EVERY l FOOT OF
HORIZONTAL RUN .
d . THREE OR MORE ROOF SLOPE PLANES.
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5 . MATERIALS AND COLORS:
GUIDELINE : D.TEBIOR BUILDING MATERIALS AND
COLORS COMPRISE A SIGNIFICANT PART OF THE VISUAL
IMPACT OF A BUILDING. TBEBEFORE, THEY SHOULD BE
AESTHETICALLY PLEASING AND COMPATIBLE WITH
MATERIALS AND COLORS USED IN ADJOINING
NEIGHBORHOODS.
STANDAJlD : .. PREDOIIINANT EXTERIOR BUILDING
MATERIALS SHALL BE HIGH QUALITY ..
IIA'l'ZIUALS. THESE INCLUDE, WITHOUT
LIMITATION :
(1,) BRICK
(2 .) WOOD
(3 .) SANDSTONE .
(4.) ffl7CCO
(5 .) OTBEll NATIVE STONE
(6 .) TINTED,TEXTUllED,CONCRETE
MASONRY UNITS
b . FACADE COLORS SHALL BE LOW
REFLECTANCE, sum.E, NEUTRAL OR EARTH
TONE COLORS. THE USE OF IDGH INTENSITY
COLORS, IIETALUC COLORS, BLACK OR n.uou:scarr COLORS IS PBOIIIBITED.
c . ROOF MA'IDIALS SHALL BE OF IDGR
QUALITY IIA'l'DIALS. THESE DICWDE
WITHOUT LDOTATION :
(1 .) IIETAL
(2 .) CONCRETE
(3 .) TILE
d . BUILDING TRIii AND ACCENT ABEA8 MAY
FEATURE BRIGHTER COLORS, DICLUDING
PRIMARY COLORS. .. PREDOIIINANT EXTERIOR BUILDING
MATERIALS SHALL NOT INCLUDE THE
FOLLOWING :
(1 .) SMOOTH-FACED CONCRETE BLOCK
(2 .) TILT-UP CONCRETE PANBLS
(3 .) PRE-FABRICATED STEEL PANELS
(4 .) POURED DI PLACE CONCRETE
8 . ENTRYWAYS : I •
GUIDELINES: ENTRYWAY DISJGN ICLDDN'r& AND
VARIATIONS SHOULD GIVS ORIENTATION AND
AESTHETICALLY PLIASJNG CIL\L\C'l'lll TO THE
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BUILDING. THE STANDARDS IDENTIFY DESIRABLE
ENTRYWAY DESIGN FEATURES.
STANDARD :
EACH PRINCIPAL BUILDING ON A SITE SHALL HAVE
CLEARLY DEFINED, IUGlll.Y VISmLE CUSTOMER
ENTRANCES FEATURING NO LESS THAN THREE OF THE
FOLLOWING: .. CANOPIES OR PORTICOS
b . OVEllBANGS
c . RECESSES/PROJECTIONS
d . ARCADES ..
e . RAISED CORNICED PARAPETS OVER THE
DOOR
f . PEAKED ROOF FORMS ,. ARCHES
h . OUTDOOR PATIOS
i . DISPLAY WINDOWS
j. ARCIUTECTURAL DETAILS SUCH AS TILE
WORK AND MOLDINGS WIUCH ARE
INTEGRATED INTO THE BUILDING
STRUCTURE AND DESIGN
k . INTEGRAL PLANTERS OR WING WALLS THAT
INCORPORATE LANDSCAPED AREAS ANDIOR
PLACES FOR SITl'ING.
WHERE ADDfflONAL STORES WILL BE LOCATED IN THE
PRINCIPAL BUILDING, EACH SUCH STORE SHALL HAVE AT
LEAST ONE EXTERIOR CUSTOMER ENTRANCE, WIUCH
SHALL CONFORM TO THE ABOVE REQUIREMENTS .
7 . BACK AND SIDE FACADES :
GUIDELINE: ALL FACADES OP A BUILDING WHICH ARE
VISmLE FROM ADJOINING PROPERTIES ANIWR PUBLIC
STREETS SHOULD CONTRIBUTE TO THE PLEASING SCALE
FEATURES OF THE BUILDING AND ENCOURAGE
COIOIUNITY INTEGRATION BY FEATURING
CHARACTElllSTICS SIMILAR TO THE FRONT FACADE .
STANDARD :
ALL BUILDING FACADES WIUCH ARE VISmLE FROM
ADJOINING PROPERTIES ANDK>R PUBLIC STREETS SHALL
COMPLY WITH THE REQUIREMENTS OF FACADES AND
EXTERIOR WALLS SECTION OF THESE DESIGN STANDARDS
AND GUIDELINES.
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D . SITE DESIGN AND RELATIONSIUP TO THE SURROUNDING
COMMUNITY
1. ENTRANCES :
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GUIDELINE: LARGE RETAIL BUILDINGS SHOULD FEATURE
MULTIPLE ENTRANCES . MULTIPLE BUILDING ENTRANCES
REDUCE WALKING DISTANCES FROM CARS, FACILITATE
PEDESTRIAN AND BICYCLE ACCESS FROM PUBLIC
SIDEWALKS, AND PROVIDE CONVENIENCE WHERE
CERTAIN ENTRANCES OFFER ACCESS TO INDMDUAL
STORES, OR IDENTIFIED DEPARTMENTS OF A STORE .
MULTIPLE ENTRANCES ALSO MITIGATE THE EFFECT OF
THE UNBROKEN WALLS AND NEGLECTED AREAS THAT
OFTEN CHARACTERIZE BUILDING FACADES THAT FACE
BORDERING LAND USES.
STANDARDS :
ALL SIDES OF A PRINCIPAL BUILDING THAT DIRECTLY
FACE AN ABUTTING PUBLIC STREET SHALL FEATURE AT
LEAST ONE CUSTOMER ENTRANCE . WHERE A PRINCIPAL
BUILDING DIRECTLY FACES MORE THAN TWO ABUTI'ING
PUBLIC STREETS, THIS REQUIREMENT SHALL APPLY ONLY
TO TWO SIDES OF THE BUILDING, INCLUDING THE SIDE OF
THE BUILDING FACING THE PRIMARY STREET, AND
ANOTHER SIDE OF THE BUILDING FACING A SECOND
STREET .
l'U I LI C S T ll ((T
Example of a development with customer mcrmces on all sides wbicb face a public IU'eCt.
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2. PARKING LOT ORIENTATION :
GUIDEUNE: PARKING AREAS SHOULD PROVIDE SAFE,
CONVENIENT, AND EFFICIENT ACCESS . THEY SHOULD BE
DISTRIBUTED AROUND LARGE BUILDINGS IN ORDER TO
SHORTEN THE DISTANCE TO OTHER BUILDINGS AND
PUBLIC SIDEWALKS AND TO REDUCE THE OVERALL SCALE
OF THE PAVED SURFACE. IF BUILDINGS ARE LOCATED
CLOSER TO STREETS, THE SCALE OF THE COMPLEX IS
REDUCED, PEDESTRIAN TRAFFIC IS ENCOURAGED, AND
ARCHITECTURAL DETAILS TAKE ON ADDED IMPORTANCE.
STANDARD:
NO MORE THAN 70 PERCENT OF THE OFF-STllEET PARKING
AREA FOR THE ENTIRE PROPERTY SIW.L Bl LOCATED
BETWEEN THE FRONT FACADE OF THE PRINCIPAL
BUILDING<Sl AND THE PRIMARY ABUTl'ING STREET.
3 . BACK AND SIDES :
GUIDEUNE : THE REAR OR SIDES OF BUILDINGS OFTEN
PRESENT AN UNATl'RACTIVE VIEW OF BLANK WALLS ,
LOADING AREAS, STORAGE AREAS , HV AC UNITS, GARBAGE
RECEPTACLES , AND OTHER SUCH FEATURES .
ARCHITECTURAL AND LANDSCAPING FEATURES SHOULD
MITIGATE THESE IMPACTS .
STANDARD :
THE MINDIUII SETBACK FOR ANY PRDIARY BUILDING
FACADE SHALL BE 'ffllllTY.FJVE (35 ) FEET FROM THE
NEAREST PROPERTY UNE. SCREENING WALLS MAY BE
PLACED CLOSER TO THE STREET SO LONG AS THE FACADE
IS IN COMPLIANCE WITH STANDARDS SET FORTH WITHIN
THE FACADES AND EXTEIUOR WALLS SECTION . WHERE
THE FACADE FACES ADJACENT RESIDENTIAL USES OR
PUBLIC STREET, AN EARTHEN BERM, NO LESS THAN 3 FEET
IN HEIGHT, CONTAINING AT A MINIIIUI(, EVERGREEN
TREES PLANTED AT INTERVALS OF 20 FEET ON CENTER OR
IN CLUSTERS OR CLUMPS, SHALL Bl PROVIDED .
4 . OUTDOOR STORAGE, TRASH COLLECTION, AND LOADING
AREAS :
GUIDELINE : LOADING AREAS AND OUTDOOR STORAGE
AREAS EXERT VISUAL AND NOIBI IMPACTS ON
SURROUNDING NEIGHBORHOODS . THESE ARIAS, WHEN
VISIBLE FROM ADJOINING PROPERTIES AND/OR PUBLIC
STREETS. SHOULD Bl SCUENED, UCl8UD OR ENCLOSED .
WHILE SCllEEN8 AND UCUSE8 CAN EfflC"l'IVEL Y
MITIGATE nm&I IIIPACTI, THE DLSCTION or
INAPPROPRIATI SCRDNING IIATSaJALS CAN
EXACIRBATI THE PSOBLIII . APPllOPmATI LOCATIONS
FOR LOADING AND OUTDOOR STORAGE AHAS INCLUDE
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AREAS BETWEEN BUILDINGS, WHERE MORE THAN ONE
BUILDING IS LOCATED ON A SITE AND SUCH BUILDINGS
ARE NOT IIORE THAN 40 FEET AP/Jff, OR ON THOSE SIDES
OF BUILDINGS THAT DO NOT HAVE CUSTOMER
ENTRANCES.
STANDARD : .. AREAS FOR OUTDOOR STORAGE, TRUCK
PARKING, TRASH COLLECTION OR
COIIPACl'ION, LOADING, OR OTHER SUCH
USES SHALL NOT BE VISIBLE FROM ABUTl'ING
STREETS. ..
b . NO AREAS FOR OUTDOOR STORAGE, TRASH
COLLECTION OR COIIPACl'ION, LOADING, OR
OTBEll SUCH USES SHALL BE LOCATED
WITHIN 20 FEET OF ANY PUBUC STREET,
PUBUC SIDEWALIC. OR INTERNAL
PEDESTRIAN WAY.
c . LOADING DOCKS, TRUCK PARKING, OUTDOOR
STORAGE, UTILITY METERS, HV AC
EQUIPMENT, TRASH COu.ECl'ION, TRASH
COIIPACl'ION, AND OTHER SERVICE
FUNCTIONS SHALL BE INCORPORATED INTO
THE OVERALL DESIGN OF THE BUILDING AND
THE LANDSCAPING SO THAT THE VISUAL
AND ACOUfflC IMPACTS OF THESE
FUNCTIONS ARE FULLY CONTAINED AND
OUT OF VIEW no11 ADJACENT PROPEllTIES
AND PUBUC STREITS, AND NO ATl'ENTION IS
ATl'RACTED TO THE l"UNCl'IONS BY THE USE
OF SCREENING MATERIALS THAT ARE
DIFFERENT no11 OR INPERJOR TO THE
PRINCIPAL MATIRIALS OF THE BUILDING
AND LANDSCAPE.
d . NON-ENCLOSED AREAS FOR THE STORAGE
AND SALE or ANY INVENTORY SHALL BE
PERMANENTLY DEFINED AND SCREENED
WITH WAU.S ANDK>R FENCES. MATERIALS ,
COLORS, AND DESIGN or SCRDNING WALLS
AND/OR FENCES AND THE COVEil SHALL
CONFORM TO THOSE USED AS PREDOMINANT
MATEIUALS AND COLORS ON THE BUILDING.
IF SUCH All&AS ARI TO BE COVERED , THEN
THE COVERING SHALL CONPORII TO THOSE
USED AS PBEDOIIINANT MATDIALS AND
COLORS ON THE BUILDING . I • 5 . PEDESTRIAN FLOWS:
GUIDELINB: PmSSTIUAN ACCa8IBlllTY OPENS AUTO-
ORIENTED DSVBLOPIIDITI TO fflS NEIGHBORHOOD,
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TIIEIIDY BBDUCING TRAfflC DIPACTS AND ENABLING
TBB DBVBLOPIIBNT TO PBO.IBCT A PRIBNDLID, IIORB
INVITING DIAGB. TBl8 DCl'ION Sl:TS POllTB STANDARDS
POB. PUBUC SIDBWALBS AND Dn'DNAL PBDISTBIAN
CIB.CULAffON BY8TDl8 '!'BAT CAN PROVIDE tJSD-
Jl'RIBNDLY PBDBlfflllAN ACCm .AS WSLL .AS PBDISTBIAN
SAl'BTY, SIIBLTD, AND CONVENIENCE WlTIIIN TBB
CBNTB1l GROUNDS.
STANDAB.D:
•• SIDBWALBS AT LBAST mmrr (8) PDT IN
WID'l'II 8IL\U, BB PIIOVIDBD ALONG ALL
8IDa OP 'l'IIB LOT THAT ABtn' A PUBUC
STUBT.
b. OONTINUOtJB Dft'D!fAL PBDISTBIAN
WALKWA"!B, NO Ll88 'l"BAII BIGHT (8) PDT
IN WIDTR. IIIAU. a novmm> P8011 THE
PUBUC SIDSWALK oa ltlGBT.OP-WAY TO
TBS PRINCIPAL CtJBTOIID DlftAMCB OP •
AU. RINCIPAL BtJltDINOI ON TBS 81TB. AT
A IIIMDIUII, WALKWAYI IIIALL OOIOIBCT
FOCAL POINTS OP PBDSlftL\Jlf ACl'IVH i
SUCH .AS, BUT NOi' Lllll'ID TO, TIWnl1T
8'l'OP8, l'1Wi CB0881NQB, BUILDING AND
8TOD DlftY POINTS, AND IIIALL PBATUU
ADIOINING LAMDICAPBD AD.AS THAT
INCUJDBI 'l'Ua, SDlJl8, DNCIIBS,
Pl.owD UD8, GIII01JND COVD8, OB. O'l'BD
8UCB IIATDIALS PO& NO L888 'l"IIAN PIFlT
(IO) PaCIDft' OP ft'8 LIMO'l'B.
c. IIDBWALD. N'O Ll88 'l"BAM 8 PDT IN WIDTR.
IIL\U. U PltOVIDm> ALONG TBS l'UU.
LINOTB OP 'l'IIB IRJILDDfQ ALONG ANY
PACAD& PIA'ftJIING A CIJll'l'OIID
SNTaAMCB, AND ALONG ANY FACADE
ABtJ'l'TING PUBUC PAIIDN'G ADAS. SUCH
SIDIWALIB 8IW.L BB LOCAftD AT LUST IIX
Cl) PDT PIOII TBI PACAD& OP TRB BUILDING
TO PROVID& PLANTING UD8 POR
POUN'DAffON LAIIDICAPIMG, UCSPT
WDD PIA'flJDI IUCB Al AICADB8 oa .
SNftYWAYI AD PAST OP 'l'IIB Pit.CADE.
d. INTD.MAL PBDanJAJI WALltWAYI
PllOVIDID DI OONJOIIIANCB 1ffl'II PART CB>
AIOVS IIIALL now,s WSATm
PIOftCTIOM PIA'flJDI IUCB Al AWNDIOI oa AIICADa 1ffl'IIDf TlllllTY CIO) l'DT OP
AU. CUITOIID INftAN'CII.
AU. Dft'DIW. PIDllftWlf WALltWAYI • •• IIIALL U Dll'l'INOIJIIII ntOII DalWfO
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SURFACES THROUGH THE USE OF DURABLE,
LOW MAINTENANCE SUUACB IIATEBIALS
SUCH /tS PAVDS, BBICD. oa SCORED
CONCUTB TO ENHANCE PBDBSTIUAN
SAPITY AND COIIPOllT, /tS WELL /tS THE
ATTRACTIVBNBSS OF THE WALKWAYS.
6. CENTRAL FEATUUS AND COIOIUNITY SPACES:
GUIDELINE: BUILDINGS SHOULD onn ATTllACTIVE AND
INVITING PIDBSTIUAN SCALE FEATUllES, SPACES, AND
AMENlTIBS. ENTRANCES AND PARKING LOTS SHOULD BE
CONFIGURED TO BB FUNCl'IONAL AND INVITING WITH
WALKWAYS CONVBNDNTLY TIED TO LOGICAL
DESTINATIONS. BUS STOPS AND DROP-Off/PICK-UP
POINTS SHOULD BE OONSIDDBD /tS INTEGRAL PARTS OF
THE CONFIGURATION. PIDBSTIUAN WAYS SHOULD BE
ANCHORED BY SPECIAL DESIGN FEATUllES SUCH /tS
TOWDS, ARCADES, PORTICO&, PEDESTIUAN UGBT
FIXTURES, BOLLARDS, PLANTER WALLS, AND OTIIEll
ARCBITECTUB.AL ILBIIENTS THAT DEFINE CIRCULATION
WAYS AND OUTDOOR SPACES, EXAIIPLBS OF OUTDOOR
SPACES ARE PLAZAS, PATIOS, COUllTYARDS, AND WINDOW
SHOPPING AREAS. THE FEATUBES AND SPACES SHOULD
ENHANCE THE BUILDING AND THE CENTEll /tS INTEGRAL
PARTS OF THE COIOIUNl'l'Y FABRIC .)
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STANDARD :
EACH RETAIL DEVELOPMENT SUBJECT TO THESE
STANDARDS SHALL CONTRIBUTE TO THE
ESTABLISHMENT OR ENHANCEMENT OF COMMUNITY AND
PUBLIC SPACES BY PROVIDING AT LEAST TWO OF THE
FOLLOWING: PATIO/SEATING AJlEA, PEDESTRIAN PLAZA
WITH BENCHES, TRANSPORTATION CENTEll, WINDOW
SHOPPING WALKWAY, OUTDOOR PLAYGROUND AREA.
KIOSK AREA, WATER FEATURE, CLOClt TOWEil. OR OTHER
SUCH DELIBERATELY SHAPED AREA ANM>R A FOCAL
FEATURE OR AMENlTY THAT, IN THE JUDGMENT OF THE
PLANNING AND ZONING COIIIIISSION, ADEQUATELY
ENHANCES SUCH COIOIUNITY AND PUBLIC SPACES. ANY
SUCH AREAS SHALL RAVE DIBBCT ACCBSS TO THE PUBLIC
SIDEWALK NETWORK AND SUCH FEATURES SHALL NOT BE
CONSTRUCTED OF IIATEIUALS THAT ARE INPERIOR TO
THE PRINCIPAL IIATDIAU3 OF THE BUILDING AND
LANDSCAPING.
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7. DELIVERY/LOADING OPERATIONS:
GUIDELINE: DELIVERY AND LOADING OPEBATJONS
SHOULD NOT DISTURB ADJOINING NEIGHBORHOODS, OR
OTHER USES.
STANDARD :
NO DELIVERY, LOADING, TRASH REMOVAL OR
COIIPACl'ION, OR OTHER SUCH OPERATIONS SHALL BE
PERMITl'ED BETWEEN THE HOURS OF 10:00 P.M. AND 7:00
A.M. UNLESS THE APPUCANT SUBMITS EVIDENCE THAT
SOUND BABBIEBS BETWEEN ALL AREAS FOR SUCH
OPERA'ftONS EPFECTIVELY REDUCE NOISE EYISSIONS TO
A LEVEL OP PORTY-PIVB ('6) DB, AS IIEASUllED AT THE LOT
UNE OP ANY AD.JOINING PROPERTY.
Sec;tigp 2. 'Die City~ altbe City ............ Colando banby approwea
amenclmc 'ntle 16, Chapt.s 8, SediaD l, alb,...__. llanicipal Code with tbe
i.naertion of the followmr deftnitiana iD alpbabetical order:
COLLECTOR STREET SYSTEM :
GROCERY STORE :
LARGE RETAIL
ESTABLISHMENT:
RETAIL ESTABLISHMENT
(alao known u Ntail lt.clft) :
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SHALL MEAN A SYSTEM OF ONE
(1) OR MORE COLLECTOR
STREETCS) THAT ALLOWS
TRAFFIC TO BE DISTRIBUTED TO
AT LEAST TWO (2) ARTE1llAL
STUETS.
SHALL MEAN A RETAIL
ESTABLISBIIENT PRDIAIULY
SELIJNG FOOD, AS WELL /tS
OTHER CONVENIENCE AND
HOUSEHOLD GOODS, WJUCB
OCCUPIES A SPACE OP NOT LESS
THAN POUR THOUSAND (4,000)
SQUARE PEET AND NOT IIOU
THAN TWENTY THOUSAND
(20,000) SQUAD PEET.
SHALL MEAN A RETAIL
ESTABLISHMENT, OR ANY
COIIBINATION OP RETAIL
ISTABLISIDIENTS IN A SINGLE
BUILDING, OCCUPYING IIORE
THAN TWENTY THOUSAND
(20,000) GROSS SQUARE PEET OF
FLOOR ADA.
SHALL KEAN AN
ESTABLISRIIENT IN WJUCH
SIXTY (IO) PBBCBNT OR IIOU or
TD GROSS l"LOOR AHA 18
DEVOTED TO THE SALE OR
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SUPERMARKET :
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RENTAL OF GOODS OR
MERCHANDISE TO THE
GENEBAL PUBLIC FOR
PERSONAL OR HOUSEHOLD
CONSUMPl'ION OR TO SERVICES
INCIDENTAL TO THE SALE OR
RENTAL OF SUCH GOODS OR
MERCHANDISE.
SHALL MEAN A RETAIL
ESTABLISHMENT PRIMARILY
SEU.ING FOOD, AS WELL AS
OTHER CONVENIENCE AND
HOUSEHOLD GOODS, WJUCH
OCCUPIES A SPACE OF NOT LESS
THAN TWENTY THOUSAND,
ONE (20,001) SQUARE FEET.
Sec;tiop 3. Stffb CJ•YHI The City Council, hereby ftnda, det.erminea, and
declares that tbia Ordinance is promulpt.ed under the pneral police power of the
City of En,lewood, dlll it is promalpt.ed for the bNlth, safety, and welfare al the
public, and dial dm Ordinance is -.ry for the sn-rvaticm of bealth and
safety and for the protectioD al public convenience and welfare. The City Council
further determinea that the Ordinance baan a ratimal relaticm 1D the proper
legislative object aoupt to be obtained.
Sef:tigp 4 SexcrahiJjty If any claw, NDt.ence, parqraph, or part of this
Ordinance or the applicatim thereof 1D any penOD or circumstanc:ea lhall for any
reuon be adjud,ed by a court al compatmt juriadiction invalid, IUCb judpaent
ahall not affect impair or invalidate the remainder al dm Ordinance or ita
applicatiOD to other penona or c:ircumstancea.
Sec;tigp 5 IDCODtieteot OrdiPIPCtl All c6a-Ordinucea ar partiana thereof
inconsiatent or conflicting with this Ordinance or any portim hereof are hereby
repealed to the extent of IUCb inc:amistency or conflict.
Sec;tipp §. Eft'a;t pf !llllMI pr mpdifjutipp The repeal or modification of any
proviaion of the Code of the City of Englewood by this Ordinance lhall not release,
extin,uish, alter, modify, or chanae in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, wbicb lhall have hem incurred under such
provision, and each proviaim lhall be tr.t.ed and beld u atill remainiDf in force
for the purpoaes of auataininf any and all prapll' actiODS, suit.a, .,.._.clinp, and
prosecutions for the enforcement al the pmaltJ, forfeiture, or liability, u well u for
the purpoae of auataininf any judplmt, decree, or order which can or may be
rendered , entered, or made in aucb actiODS, suit.a, pr,ceedinp, or proNCUtiODS .
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Sgtjgp 7 . Emaalb. Tbe Pmalt)' PrcmliOD of E.M.C. SeetiOD 1-4-1 aball apply to
each ud ..,ery \'iolatiaD of tbia Ordilwu:e.
Introduced, read ill full, ad puNd OD fint readiDc OD the 7th day al Oc:tober, 1996.
Publiabed U a Bill fw aD OrdiDallce OD the 10th day al Octiuber, 1996.
'l'llamu .J. Bunaa, lla:,w
ATTEST :
Louc:riabia A. Ellia, City Clerk
I, Louc:riabia A. Ellia, City Clerk alt.be City alEapwood. Colondo, banby certify
that the above ud fareaoinl ia a true copy al a Bill fw an Ordilwu:e, illtrocluced,
read ill full, ud paued OD ftnt readiDc OD the 7th clay al Odoba', 1996.
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Staff Report
To:
From:
Date:
Sabject:
Englewood Planning and Zoning Commission
Rohen Simpson, Neighborhood and Business Development Manager
October 1, 1996
PZC date: September 4, 1996
Larp Format Retail Desip Standards ud Gaideliaes
Eapwood Ceapraeuive Zoaia1 Ordiauce Ameadmeat OR-96-04
RECOMMENDATION
Staff recommends that Planning and Zoning Commission approve the Comprehensive Zoning
Ordinance Amendment OR96-04 for Large Format Retail Desip Standards and Guidelines and
recommend that the ordinance amendment be forwarded to City Council for final approval .
INTRODUCTION
Englewood faces a future of change and community renewal. This future presents some very
exciting opponunities but also some very serious concerns. In light of these opponunities and
concerns, the City staff has started work on updated regulatory tools to better deal with the
market place, improved development standards, and community expectations. Staff is
continuing efforts to revise the overall zoning ordinance, however, this pr,oposed amendment is
one ponion in what would be a revised set of Property Development Standards .
BACKGROUND/DISCUSSION
This proposal serves to introduce new regulations regarding desip standards and guidelines for
large format retail businesses . This proposal provides the opportunity to bring forward standards
and guidelines that will ensure that development of large format retail businesses fit with the
expectations and needs of the community .
The standards and guidelines are intended to encoura,e development that contributes to
Englewood as a unique place by reflectin& its physical character and addina to it in appropriate
ways . Large retail developments depend on hiah visibility from major public streets. In tum,
their design delCl'lllines much of the character and atttactiveness of major streetscapes in the city .
The marketina internts of many corporations, even with lll'On& input by professional desipers,
can be potentially detrimental to community aspirations and sense of place when they result in
massive individual developments that do not contribute to or intqra1e with the city in a positive
way .
These standards and pidelinn require a basic level of architectural variety, compatible scale ,
pedestrian and bicycle access, and mitiption of neptive impacts . The llaDdards are not
10/1196
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intended to limit aeativity. 'Ibey are intended to serve as a useful tool for design professionals
engaged in site specific design.
Staff bas previously mscussed the issUe of image and design in the c:oatnt of the recently _.. .....,..i uonne,elopm<Ol-· n.. ____ .... -...i
into one cbapta' with other zonina iqulalionS rclatin& to lan't« •pin&. fencinl, pmkin&, lotdin&.
end signage . The purpose of the regwatorY cbenFS end movin& them into one comprcbensive
cbaplCf is to ensure coordination of all the various rcaulelOIY ICdiollS tclatiD& to property
development · It is still fD1icipated tbel \,ndscfpin& will come {orMrd for PlaaDinl end Zonin&
commisSion consideration durin& t 996 .
cc: OR 96-04 File
\\s,,ds\.Clll.. .. -~.cil)'lllll .~·_..... ........... ,a.,c.doe
k.'+ ................ ,,c
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C. Aesthetic Character
I) Facades and Ellterior Walls:
GUIDELINE: Facades should be articulated to reduce tbe muaive scale and lhe uniform,
impersonal appearances of large retail buildinp and provide vu! imerest lbat will be coasistent
with the community's identity, chancier and scale . The inlmt is to eac:ounae a more human
scale that Englewood residents will be able to identify with tbeir community.
STANDARD:
a. Facades greatet than 7S feet in lenph. m-.red bormmtally, shall~ wall
plane projections or recesses havin& a deplh of at least 3% of 1be 1ength of 1be facade and
extending at least 20 percent of the length of the facade. No UIUlllanlpllld 1ength of any
facade shall exceed 7S horizmla1 feet.
b . Ground floor facades lbat face public llnlll lball have arcades, dilplay windows, entry
areas , awnings, or ocher such features alon& no lell dlaD 60 pm:mt oflbeir borizon1al
length .
p,ajecliona /-.,_. ..,.._ • ._.
20% o,,-...... will\ a -----,,, 3%a/ff-* ......
I I ro
AnomatnQ leatw'n IUc:fl aa lNM muat llltal eo... ofllllal .._.. lel,gll
for any facade abUtllng • puCIIC lll'Nt
INClllWOOO C-HINIM! ZONING OIIDWMCl OMIT
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2) Smaller Retail Stores:
GUIDELINE : The presence of smaller mail lfOles &iws a center a "friendlier" appearance by
creatin& variety, brakin& up large expanses, and expmdin& tbe ranae ofdle sile's activities .
Windows and window displays of such SIOres should be used to comribute to die visual interest of
exteriorc f'llcades . The standards presented in this section ae directed toward those situations
where additional, smaller stores, wilh sepanre, exterior customer emnnces are locared in principal
buildinp.
STANDARD :
Where principal buildings comain additional, ....-1y owned stares which occupy less than
twenty thousand (20,000) square feet of poa floor-. wi1h ,eparare, exterior customer
enlnllCeS :
L The SUwt level facade of such IIGla lball be llmlpaeDt between the height of three feet
and ei&ht feet above die walkway ande for DO las dlan 60 percent of the hori7.ontal
len&th of the buildin& facade of such additional stores .
b. Windows shall be recessed or be extended and should include visually prominent sills,
bays, or other such forms of hniq.
3) Detail F•tares:
GUIDELINES : Buildinp should have arcbillec:IUral f'alures and paaems dw provide visual
interest at the scale of the pedaaian, reduce masive aestbetic effects, and recopize local
character. The elements in tbe followin& llllldlrd should be imepal pans of the buildin& fabric ,
111d not superficially applied trim or papbics, or paint.
STANDARD :
Buildin& facades shall include a repablll p111e111 dw lball include all three of the elements listed
below . At leut one of lbese elements sball repeal horizlDalaUy . All elements lball repeat •
intervals of no more dlan lbirty (30) feet, eidler barimdllly or venically.
a. Color cb-,e
b. Texture cb-,e
c. ~ module cbmJe
Expression of architectural or IINCtlll'al bay 1brou&b a cbanp in pa-DO less dlan 12 inches in
width, such as III of'l'let, reva1, or projectin& rib .
structural bay layout
&preaion of Arcbitecanl or SlnK:lllral Bay.
__ c ___ _._,_l
I\ENO_OflSYSIDEl'liN9DIOa0lJN'I..ANIDEVCOOEIIAl(;lll£TAJLSTt>2 .DOC
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4) Roofs:
GUIDELINE : Variations in rooflincs should be used to add interest to, and reduce lbe musive
scale of, large buildinp. Roof features should complement the c:banCICr of adjoinina
neighborhoods.
STANDARD:
Roofs shall have no less than two oftbe followina features :
.. Plnpets coacealin& flit roofs and rooftop equipment such u HV AC 1111its &om
public view . The avenp bcipt of such panpets shall not exceed IS% of the
bcipt of the supportiD& wall and such panpets shall not• my point exceed
one-third of the bciabt of the supportiD& wall . Such pmpets shall re.ure three
dimens ional cornice treallllent HV AC equipment shall be concealed &om
public view tbrouah the ue of panpets or ocher similar-... devices.
HVAC equipment shall be paiDled to blend will! lbe roof color.
b . Overhangin& eaves, extmdia& DO less dim 3 feet pat the IUppOftina walls.
c . Sloping roofs that do not exceed the a-. beipt oftbe supportina walls, with
an averqe slope srearer dim or equal to I foot of venicaJ rile for every 3 feet
of horizontal run and less dim or equal to I foot of vertical rile for every I foot
of horizontal run .
d. Three or more roof slope planes.
_..........,. ....... _... ,12., ..... -......
Parapet Standards.
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5) Materials alld Colon:
GUIDELINE: Exterior building IIUIICria1s 111d colon c:amprile a significant part of !he visual
impact of a building. Therefore, !hey sbould be aesdlrCically pleuing 111d compatible with
materials 111d colors used in adjoining neigbbolboods .
STANDARD : .. Predominant exterior building materials shall be bigb quality materials .
These include , wilhoul limitation :
(I.) brick
(2.) wood
(3 .) ---
(4.) IIIICCO
(S .) other aalive 1111M
( 6.) tin1ed. leX1Ul'ed. coocrete Ill->' units •
b. Facade colors lball be low reflec1anc:e, subtle, neunl or eanll tone colors . Tbe
use of bigb intenSity colon. metallic colon, black or ftuoracent colors is
prohibited .
c. Roof materials shall be of high quality materials . These include without
limitation :
(1.) metal
(2.) concrete
(3 .) tile
d. Building aim 111d accent mas may feallare brighter colon, including primary colors .
e . Predominant exterior building materials lball DOI include die followin&:
( I . ) IIIIOCllb-faced CGIICllte block
(2.) tilt-up coocrete panels
(3 .) pre-labric-4 -· panels
( 4 .) pound in place coocrete
6) Eatrywayt:
GUIDELINES : Emryway claip elementl 111d vlrillioal should &ive orientaball md
aestMticallY pleasiD& cblndlr to die buildina, Tbe ...... idmlify clainble .aryway claip
fealum.
STANDAIU>: Each principal buildiD& OIi a sile lball llave dlsly deflaad. hiply visible CUIIGIDer llltnllCCS
fealurin& no Im dla dine ofdle followall :
L
b .
c.
d. ..
f.
I ·
h.
i.
Cmopill or ponicol
OvldlaP
~
Arcadal
lailld--..S....,.. ovw die door
,-.s roof Canm
Arcbel
Outdoor plliol
Dilplay wWows
---~~~·!"~ IIENO_CHISYS\DE~rv-..,....-·-----UTALITDUIOC
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j . Ardlitec:tural delails such u tile work 111d moldinp wbicb are ialeplled into
1be buildiaa llnlClllre IDCI dnip
k . lll1lepal plmlmn or wina walla lhlt incorpcne Im rtr..-a -llld/or pllces
forsiaia&,
Where additioaal scores will be localld in die priacipll buildiD&, eacb sucb aore lball bave • least
one awior customer enll'IIICe, wbic:h mall c:oaform to 1be abc,w reqairW.
7) llack ud Side Faadel:
GUIDELINE: AU filcldes of a buiJdin& wbicb are vilible hm adjoillina pn,peniel llld/or public
11ree11 should comn'bute to 1be Pleasina ICale ,-... oflbe buildiDa a1-.. ccmmunity
intqration by featurina cblnl:lllillics similar to .... hat facade.
STANDARD:
All buildin& fiada which -vill'ble from adjoiDiDa properties llld/or public llreell lball comply
with 1be reciwr-ents of Facades IDCI Ellllrior Walla IKlion abc,w oflbae Desip Slandarcls and
Guidelines .
UTAIL 11D UIOC
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D. She Desi&• Hd Relatloublp to tbe Surroundi•I c-munity
I) Eatraaces:
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GUIDELINE : l...ar&e retail buildings should feature multiple entnnca. Mu11ip1e buildia&
ennnces reduce walkina dist111ees from cars, flcilime pedeslriln and bicycle accea e-public
sidewalks, and provide convenience when certain entnnces offer_.., individual 111111a, or
identified deplnments of a store . Multiple ennnces also mitiple the effect of the Ullbnlbn walls
and nqlected areas that often characterize buiklina facades 11111 flee borderiDa 1111d -·
STANDARDS :
All sides of a principal buiklinl that directly flee mi lbuttin& public meet lball falure • leal cme
customer en.ranee. Where a principal buildina directly fices more 1111n two lbuaiaa public
streets, this requirement shall apply only to two sides of the buildina, inclucliD& the side of the
building facing t:,e primary street, and anodacr side of the buildin& fac:ina a llCOlld meet.
-.~oiiii.i~-·--,··-··-··-··~-------·-··-··-··-··-··-··-··-··-··-~ . ·<e....5 -......... .----.
,-. · --~ IIMLLIIUIIT'M. • .,. '· . ITORII Wfflf
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Example of a development with CUS10mer ena-ances on all sides wbich &cc a public screet.
BG.IWOCm COW11111 •• 1W ZONING OIIIOWI DIINT
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GUIDELINE : Parltin& areas should provide safe, convenient, 111d efficient acceu. They should
be clistn'buled around larae buildinp in order to sborten die dilllDce to ocher buildinp 111d public
sidewalks 111d to reduce die overall scale ofdle paved sumcc. lfbuildinp are loc:lled closer to
streets, die scale of die complex is reduced, pedestrian tnffic is _.....a. 111d ardlitectural
details take on added imponance .
STANDARD :
No more than 70 percent of the off-Slreel parkina area for die entire property shall be loc:lled
between the front facade ofdle principal buildina(s) 111d die primary lbuttina screet.
3) BKkSkla:
GUIDELINE: The rear or sides ofbuildinp often praem III lllllllnetive view ofbllllk walls,
loadina areas, storqe areas, HV AC units, prblp recepcacles, and adllr such fealures.
Architectural and landscapina features should mitiptc lhcse impacts.
STANDARD :
The minimum setback for any primary buildina facade shall be thirty-five (35) feet from die
nearest propeny line. Screenin& walls may be placed elm« to die 11ree1 10 Iona II die facade is in
compliance with Slalldards set forth within die Facades 111d Exterior Walls section. Where die
facade faces adjacent residential usa or public 11ree1, • ar1hea berm, DO lea 1111n 3 feet in
heiaJit, containin& ll a min'imum everpeen 1reeS planted • illtervals of 20 feet on c:emer, or in
clusten or clumps shall be provided.
4) o.tdoor 5aonp. T ..... C ........ •• LN111ai Alwl:
GUIDELINE : LoldiDa area 111d oadoor llllllp ._ aat vilual ad Doile illlpacll on
IUfflllllldin& aeipbomoods. 11---. ... villlle tom ...-. pnlpll1ies llld/or public
streetl, should be IJCl'lmld, recmed or mc:loled. Wllile 1C11m1 ad ._. C111 effectively
mitiple thne impaal. Ille lllec:liaa of illapprapria ICnaial ....r. CID a-=--e lhe
problem . Appr-opra loclliOIII for laadilla ad ........... iaclucle---
buildinp. where -dim -buildilla is loc..s on a lill 111d sucb buildiap are not mon than
40 feet apart. or on dlOII sides ofllllildinp 11111 do not MW~--·
STANDARD :
a. Areas for OUldoor llllnp, IIUdt pllUII, !nib colllcliaa or CCllllpaction,
loadiq. or odllr sucb -..u DOI be villlle tom .... llrNII.
b . No areu for outdoor llllnp, lnllt c:olleclioa or c11111pactioa, loadiq. or olller
such -..Ube loc..s wilbln 20 ,_ of ay public--. public lidawdt, or
internal padnhn way.
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Loadina clocb, truck parkina. ourdoor ....... ulillly ...-n, HV AC
equipment, !nib colllc:cion, lnlll Nlfflpldion, 111d olller NrVice funaiona shall
be incorpor-.cl inlo Ille 0¥Wall dlup of die buildilla ad Ille l•d1 .., IO
that die visual and ICOUldc lmpacta of llleae luDctialla .. flatly caminld and
out of view 6om .. prapenill ad public -. 111d DO lllllltion ii
aaracted to die llacliona by Ille .. of lCl'IIDlaa--11111 .. clifr.nm
tom or inferior to Ille principal..,_ of Ille buildlq ad ladlcape.
Non-aclolecl ... for ....... llld .a. of ay il--,y ..Ube
penn-1y dlftaad ad ICl.-d wida wllll ................ colon,
1111d dnip of ICl'laiaa walla aJl/or .._ad .. mvw lllall cabm IO dlOII
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l,1i1 ,1,11 JJJ!fi !f1{1f1 ii !,1111 ill . 'I t 1·!! ta ~111 ! ~1J1 ;~, fi'l 11 t~tJi ii!lf1 1· t 11,,1 1f1
llr •· 11,.1 ,111 1, r l•I ,r I It slli sJJa. *'8
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tlr I' IJ!f11Ji~J1! ~ 1·11, ·~ JlJ 1! SI l((f ~ ,-,111~. f ljl., }l
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6) Ceatral Fahlres ud ComaHlty Spaces:
GUIDELINE: Buildinp should offer aanctive and invitina pedestrian scale falures,
spaces, and 1111enities. Entnnc:es and pllltina loll lbould be -ftaured to be fimc:tionaJ
and invitin& with walkways -veniently tied to lo&ical desciuriclm Bus srops and
drop-oft/pick-up points should be considered u imqnl parts oftbe -fipntion.
Pedeslrian ways should be IIICbored by lpllCial clesip ....... IUCb U IIJWen, arcades,
porticos, pedatrila lipt fixtures, bollards, pllnlS walla, IDd Olher an:hillec:lunl elements
that define cimalllion -ys and outdoor spaces, exanplel of OUldoor apaces ae pluas,
patios, courtylrds, and window lboppiq -· 1be falma and apaces lhould enblnce
the buildin& and the cenler • intqnl pll1I oflbe c:ammunity &bric.
STANDARD:
Each retail development subject to time lllndllds lball -sribute to the establishment or
enblncement of c:ammunity 111d public: apaces by pnmdiDa • last two of the followiq:
pltiolseatin&-. pedestrian plua with bendles, ll'mlpllnllion c:enler, window sboppiq
wlllcw1y, outdoor playpound-. kiollt -. WMer fellure, clock tower, or Olher IUCb
deliberately shaped -and/or I foc:al fabn or -.icy thal, in the judplent of the
Pllnnin& and Zonin& Commission, adequllely enbanc:es lUCII c:ammunity 111d public
spaces . Any IUCb areas shall have direct -to the public: sidewaDt De!Wcn and IUCb
f'atures shall not be constrllCted of lllllerials lbll ae inferior to the principal lllllerials of
the buildin& and landscapin1 .
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7) Dellvery/Loadlq Operatiou:
GUIDELINE : Delivery and loading operations should not disturb adjoinin& neigllborhoods, or
Olher uses.
STANDARD :
No delivery, loadin&, ll'llh removal or compactiaa, or Giber such openlions shall be permiaed
between 1he houn of 10:00 P.M. llld 7:00 A.M. mleSl lhe applic:lnl submits evidence lbll lOUlld
blnien between all lleal for such operlliam efl'eaiwly Nduce noile -issiom to I level of 45
db, 11 measured • lhe lot line of my adjoiniq pn,peny
Dellaltiou:
Collector Slrwt s,,s-shall -1 Sysllem of one (I) ar -collecfar ._,) 1bll allows
traffic to be distributed to II least two (2) ll1erial SlreelS.
Grocery Slon shall lllCIII I retail Clllblilbmellt primsily 111ling food, 11 well II Olher
convenience and household goods, which occupies I space of not lea dlan fourlbousllld (4,000)
square feet and not more lban twemy ~ (20,000) square feet.
Large lwtail £stab/is,,_,. shall -1 retail Clllblilbmem, or my combimlion of nllil
esllblishments in I single building. occupying more dlan twenty ~ (20,000) pou square
fm of floor area.
lwtail £stab/is,-,,, (also known• ral IIIDl'C) mil ... •........_. in wllich sixty (60)
percent or more of lhe aroa floor -ii clevolled IO 1he sale ar renlal of aoocll ar madlmclise to
1he pneral public for per-1 ar bouNbold ~ ar to ,-ices iDcidamal to die sale or
rental of such pocll or merchmclile.
Sl,pe,_., mil WI Nllil embliwnent prmarily llllina food. II ..0 II adllr conwailnce
and houlebold pods. wllicll occapies I space of llCll lea dim.--,. ...... -(20,001)
square feet .
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA1TER OF CASE IOR-96-04 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO AN AMENDMENT TO THE COMPRE-)
IIENSIVE ZONING ORDINANCE TO )
IMPLEMENT LARGE FORMAT RETAIL )
DESIGN STANDARDS AND GUIDELINES )
)
INITIATEDBY: )
Nelpborbood wl ...... _ )
Dnelopmmt )
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CrrY PLANNING AND
ZONINGC~ON
Commission Members Present:
Commission Members Absent:
Garrett. Shoop. Tobin, Weber, DouaJu, Dummer
Horner, Mason. Redpath
This matter was beard before the City Plannina 111d Zoaiaa C'.ommiu10n on Sepccmber 4,
1996, in the City Council Chambers of the EnaJewood Cily Hall .
Testimony was received from staff. The Commission recmed aocice of Public Hearin&, 11111
the Staff Report, which wen: incorporarcd iDro 111d made a put of die record of the Public Hearma .
No public was presem to ratify on this issue .
Ahr considerina the swemems of die wi1nesses, 111d reviewiDI die peniDelll doaamencs, the
members of the City P1annina 111d ZoaiDa Commission made die lollowiDI Findinp 111d Con-
clusions .
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QNDINGS Pf fACT
TBA T the proposed amcndmems to the Comprehensive ZoniDI OrdiDance were initi-
ated by the Office of Neiplborbood 11111 Buaineu Dnelopmem ll die direaive of
Enalewood City Council.
TBA T notice of the Public Hearina WU publilbed in die fnrlnPod llmld on Aupst
22, 1996 .
DRAFT
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3. THAT Dincfor Simpson -.:ified IO die IIIIUre and iDrent of die paoposed um-¥¥11
to die Comprebemive l.Gllias O.dinwe, dlll beina establiabmem of IIIDdarda al
pidelina io auure bip qaalily _. dnelopmem projects u well u ndewq
projects.
4. THAT.,«-WII iD
IINl!idDJelD.
C e ID .... ill aapport of or in opposition IO tbe p,:apcwl
1. THAT aocice of die Public Harias wu properly liven by p.lblicarioa iD tbe fak:
mm llmld on Auamt 22. 1996.
2. THAT die PwmiDa aad Z01U111 Commiuion deteimiued die paoposed amewtme ... will
establiab iWldards and 11•idelinea for Larae Formt ltecail ~ aad redevelop-
ment projeca in die City of Eapwood, and will be used 10 aume quality projects in
die City of Eapwood.
11IDtD'OltE, it is tbe decilion of 1111 Cily Plllmilll ml Z01U111 Coma,ipigp dial tbe Com-
pnbemive Zoaina OntialDce lbauld be .......... IO ewt I .. f 16-5-8, Desip Slmlarda
aad Guidelines for Larp a.D ... ,.,.,.,, 111d .--+er ...,.._ NCliom of die
Cmnprebemlve Zoaina Onliawe 41P10piiiaely.
1be decision WU racbed upon I ¥all OD I malioD aade M die ..... of die Cily Plaaaina
aad Zoaina Commiuion on ..., •+r 4, 1996: by Tallia. aa Ml by ~. wllic:b mo-
doll lllla:
1. •17tae llllltdards tmtl pltldl,a wlY IO llll NEW pro/«11 M ""*"'-41 ,.,,,;J ..,.,_
op,,w,,I of Z0,000 Of' IIOf'f .,.,,. ,., Ill 41 ,,,..,,,.,.,,. _. ... 41,,..., Mil ....
a,,,,w,,, wi"""6I .,,.,i o, _., ,,,.,,_ ,_, ... --.it lfl MIi ""'*""°· ALL
REDEVELOPMENT PltO/aCl'S OF Z0.000 QI IIOU $QUAil£ FEET IIIML USE
TIDS CHAnD AS A GUID6UNE OM.l'. S..lfl --. .. •
2. ~ Jl, 12: AIIWlld l"fll*-CMI IO ,f/1«.11J',.,., ... 100'.
J . ~ J2, IJ, Slatltlnl: ... _.,, ••Im ..... al....,_ •Gil• .
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The voce:
AYES:
NAYS:
ABSTAIN :
ABSENT :
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Tobin. Dummer, Weber, Shoop, Gam:tt. Douslas
Nam
Nam
Muon. Homer, Redpath
The motion carried .
These Findinp and Concluliom are effective u of die meecin& on 5etM11Jhcr 4, 1996 .
BY OllDEll OF THE crrY PLANNING a ZONING COMMISSION
Rohen Mason. Chairman
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COUNCIL COMMUNICATION
DATE : October 7, 1996 AGENDA ITEM SUBJECT: Day Care in
u. y Residential Zone Dislric:ts
INITIATED BY : Office of Neighborhood STAFF SOURCE: Harold Stitt ,
and Business Development Planning Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Quality of Life , &:onomic Development
The issue of day care in residemal zone diluicts came to die aaemion of City Council as a
result of a code enforcemem action taken apinst a day care provider operating wilbin the R-1-
A Zone District. Subsequent to that action, aeveral day care providers requested that City
Council consider amendina the mning regulations IOVCl'IIUII day care in die residemal zone
districts . On June 3, 1996, in response to Ibis issue, City Council impoled a six month
montorium on further code enforc::anm actions apinst such home day-care facilities, and
directed staff to prepare amendmelllS regu1atiog such activities in die City of Enalewood .
RECOMMENDED AC[ION;
Staff reconunends that a NIii&: ...... • d1 f P f 1,r Mou I 4. •• a, consider the
proposed amendment to the Comprehensive l.oaina Orctinm:c penaining to home day-care in
residential zone dislricts, and to approve said llllffllbnents.
BACKGROUND, ANALYSIS, AND ALJANADYA Pl£N11DFnQ;
Home day-care is currently allowed u a home occupaaion in all residenlial distticu excep1 die
R-1-A . The staff, in reviewina the home day care 1ilualioa c:ily-wide, provided die Plamlin&
Commission a comprebenlive amendme• addreuina home day care in all reside.-itl 11a
districts and not just the R-1-A Zone Dillrict.
The proposed amendments are bued on the current Stale of Colorado Depanmeut of Human
Services , Division of Child Care nales reaulatina c:bild care boma. nae rqulatiom defme
three type s of home day care : family child care home, inf'anl/toddler home , and larp day care
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home. The numbers of cbilclren that may be cared for vary with each category, with the "large
child-care home" allowing a mal[imum of 12 cbilclren. The propoeed amendme.-would allow
"family child-are homes" and "infanl/tocldler homes" as a Conditional Use only in the R-1-A
District. The amenctmeor would also allow "family cbild-care homes" and "infant/toddler
homes" as a home occupation in the R-1-8, R-1-C, R-2, R-2-C, R-3, and R-4 Zone Dillricls.
The .. mac child care-home"' similar to what the l.oaina Ordinance curready cJallifies as •
"small child-are cemer" and would be alloMd only as a Conditional Use in the R-1-8, R-1-
C, R-2, R-2-C, R-3 and R-4 Zone Dislridl. COlldidoaal Uses ue approwd by the Planning
and 1.oning Commi11ion after a Public lfariD&, public no1ice being pven by way of publilbed
nolice and posting of the subject property. The l*opoeed •mendmeab also include definitions
for each of the three types of day cue flcilitiel.
The Planning Commission held a Public HariD& on the proposed amemments on August 20,
1996. However, no one attended the lfariDa either in favor of or in opposition to the
proposed amendments. The PwmiDI Commiuion VOied, 1bt in favor, two in opposition, one
absent, to recommend approval of the proposed ammtma••·
FINANCIAL IMPACT;
The revemaes to be realiz.ed by die Cily from Comilklaal Uae application feel ($75) ue minor .
lJST Of AJTAQIMINTS;
Bill for Ordinance
Staff Report c..e IOR-96-03
Findinp of Fact for c..e IOR-96-03
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TO: Planning and Zoning Commission
TIIRU:
FROM:
Robert Simpson, Manager ofNeipborhood and Business Development ~
Harold J. Stitt, Plannin& Community Coordinator
DATE: August 20, 1996
SUBJECT: Proposed home day care amendments to lhe Comprdlensive Zoning Ordinance
REQUEST;
City Council bas directed the Staff to prepare a set of amendments which address lhe replation
of home day care facilities in the City of Englewood.
RECOMMENDATION;
The Office of Neighborhood and Business Development recommends that lhe Planning and
Zoning Commission approve the proposed day care amendments.
BACKGROUND AND ANALYSIS;
This request from City Council is the result of a code enforcement action taken apinst lhe
operator of a day care home located in the R-1-A Zone District. After lhe issuance of the Notice
of Violation, the operator, Tonda Gatewood, approached City Council requestina that lhe Zonina
Ordinance be amended in some manner to allow home day care in lhe R-1-A Zone Dislrict. In
response to Ms. Gatewood's and other day care 5 request, City Council placed a
moratorium on all enforcement action apinst existin& care homes in lhe R-1-A Zone District
and directed Neighborhood and Business Development taff to review lhe situation and prepare
a recommended course of action.
In raponse to Council's c:oncem and '!_CJuest Staff propote to permit home day care only as a
Conditional Use in lhe R-1-A Zone District. In addition, amendments P'opmed for odler
residential mne districts are intended to make lhe home day care regulatiom comilfent with
current state regulations.
The amendments are based on the current Colorado Department of Human Servica, Division of
Child Care rules reaulating child care homes. lbae regulations define three types of home day
care : family child care home, infant/toddler home , and larae day care home.
A. A family child care home is defined as a type of family care home that provides less than
24-hour care for 2 or more children on a rqular basis m a place of residence . Children in
care are from different family households and are not related to the carepver. A family
child care home must comply with lhe followina regulations:
1. Care may be provided for 6 children from birth to 16 years of aae with DO more than 2
children under 2 years of qe.
2. Care also may be provided for DO more that 2 additional children of lchool IF
anendina full-day school.
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A large child care home is the equivalent of what the Comprehensive 1.oning Ordinance
identifies as a small child care center. The name of this type of facility wu changed by the
Division of Child Care to mo~ accurately reftect the residential nature of the use.
PROPOSED AMENDMENT;
The folio~ arc the specific sections for which day care amendments arc pn,poscd. The
proposed additions arc in bold upper case text and the propotcd deletions arc in IIMI •••
text.
16-4-2: R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT:
0. Conditional Use: Provided the public interest is fully protected and the following use is
approved by the Commission:
1. FAMILY CIDLD CARE HOME OR INFANTffODDLER HOME.
2. Dependent care centers: Structures used u educational institutions, migious
institutions or public facilities. existina at the time of the cmctmcnt of this Ordinance,
may be converted for use II dcpcndcnt care centers. (Ord. 8 Series 1993)
16-4-3: R-1-B, SINGLE-FAMILY RESIDENCE DISTRICT:
M. Accessory Buildings And Permitted Accessory Uses:
5. Home occupation: Occupations customarily incidental to the principal usc u •
residence when conducted in the IIIDC dwellina, provided that the following
conditions arc met:
i. FAMILY CHILD CARE HOME OR INFANT/l'ODDLER HOME~
... II••• fer Illa ... 1f w .. fe• (4) #J#na .., N , ...... • • ••• .........
N. Conditional Uses: Provided the public interest is fully protected and the followina use is
approved by the Commission:
1. LARGE CIDLD CARE HOME Qi&• ... •••• linnll 1kilt -11•11 .....
iv1 (i) le tizr1l,r1 (Iii) 111iltr.. Accessory play equipment sball be located in rear
yard.
16-4-4: R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT:
M. Accessory Buildinjs And Permitted Accessory UICS:
S. Home occupation: Occupations customarily incidental to the principal usc u a
residence when conducted in the lllllC dwellin&, provided that the following
conditions arc met:
i. FAMILY CHILD CARE HOME OR INFANTffODDLER HOME~
... ••• fer Illa•• 1f w .. fe• (4) 1llilt.•.., k1 , ...... ••ii••• ....... ; ...
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7. Home occupation: Occupations customarily incidental to the principal use as a
residence when conducted in the same dwelling, provided that the following
conditions arc met :
i. FAMILY CIDLD CARE ROME OR INFANTffODDLER ROME~
a&N hem, fer ta,, ... ef ea, le fellF ~4) ahil .. R ~· lie ,,_..Ii•• ha••
eaa11pMiaa.
16-4-9 : R4 RESIDENTIAL/PROFESSIONAL DISTRICT:
M. Accessory Buildings And Permitted Accessory Uses :
5. Home occupations: Occupations customarily incidental to the principal use as a
residence when conducted in the same dwelling, provided that the following
conditions arc met:
i. FAMILY CHILD CARE ROME OR INFANTffODDLER ROME~
aBN he•• fer lh1 NN af aa, le felll' ~4) ahil.a IIMY 1,e p111ni11eli a& a ha&11
eaa11pMiea.
16-8-1 : DEFINITIONS :
FAMILY CIDLD CARE ROME -A CIDLD CARE FACILITY TRA T
PROVIDES LESS THAN 24-HOUR CARE FOR 2 OR MORE CHILDREN ON A
REGULAR BASIS IN A PLACE OF RESIDENCE. CIDLDREN IN CARE ARE
FROM DIFFERENT FAMILY HOUSEHOLDS AND ARE NOT KELA TED TO
THE CAREGIVER. CARE MAY BE PROVIDED FOR 6 CIDLDREN FROM
BIRTH TO 16 YEARS OF AGE WITH NO MORE THAN 2 CHILDREN UNDER
2 YEARS OF AGE. CARE ALSO MAY BE PROVIDED FOR NO MORE THAT 2
ADDITIONAL CHILDREN OF SCHOOL ATI'ENDING FULL-DAY SCHOOL
RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE
PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION
ARE COUNTED AGAINST THE APPROVED CAPACITY.
INFANTffODDLER HOME· A CHILD CARE FACILITY THAT PROVIDES
LESS THAN 24-HOUR CARE ~ FOR CHILDREN WHO ARE BETWEEN
BIRTH AND 3 YEARS OLD IN A PLACE OF RESIDENCE. THE CAREGIVER
MAY RA VE NO MORE TRAN l CHILD OR FOSTER CIDLD BETWEEN 3
AND 6 YEARS OF AGE. IF THERE IS l CAREGIVER, THERE MAY BE A
MAXIMUM OF 4 CHILDREN, WITH NO MORE TRAN 2 CHILDREN UNDER
12 MONTHS, INCLUDING THE CAREGIVER'S OWN CHILDREN. IF THERE
ARE 2 CAREGIVERS CARING FOR THE CIDLDREN AT ALL TIMES WHEN
CHILDREN ARE PRESENT, THERE MAY BE A MAXIMUM OF 6 CHILDREN
BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE TRAN 3 OF THOSE
CHILDREN CAN BE BETWEEN BIRTH AND l YEAR OLD, INCLUDING THE
CAREGIVER'S OWN CHILDREN.
LARGE CHILD CARE HOME • A CHILD CARE FACILITY THAT PROVIDES
CARE FOR 7 TO 12 CIDLDREN WHO ARE NOT RELATED TO THE
CAREGIVER IN A PLACE OF RESIDENCE. CHILD CARE MAY BE
PROVIDED TO CHILDREN FROM 24 MONTHS TO 16 YEARS OF AGE.
CARE MAY BE PROVIDED TO NO MORE TRAN 2 CHILDREN UNDER 2 IF
H.\OllOUPIBOAJU>SIPLANCOMM\Ol.96-olSll.OOC S
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE IOR-96-03
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO AMENDMENT OF THE COMPRE-
HENSIVE ZONING ORDINANCE ON
HOME DAY-CARE IN RalDENTIAL
ZONE DISl'RICTS
INITIATED BY:
OFFICE OF NEIGHBORHOOD
AND BUSINESS DEVELOPMENT
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING C()MMJSg)N
Commission Members Present : Shoop, Tobin, Weber, Douglas, Dummer, Homer, Red-
path, Mason
Commission Members Absent: Garrett
This matter was beard before die City Plannin& and ZooiDa Commission on August 20, 1996,
in die City Council Chambers of the Enalewood City Hall.
Testimony was received from staff. The Commission received notice of Public Hearing, and
die Staff Rq,on, which were iDcorponted imo and made a put of the record of the Public
Hearing.
No public was present to testify on this issue.
After considering die swemems of the witnesses, and rmewmc the pertinent documems, die
members of the City Plannina and Zonina Commission made the f'oUowm& Findinp and Con-
clusions .
1.
2 .
flNDINGS Of fACT
TBA T the proposed ~ to die Comprebemive Zoain& Ordinance were initi-
ated by the Office of Neipborbood and Businea Developmcnl at the directive of
Enalewood City Council.
TBA T nocice of the Public Hearing was published in the f,plpqqd llmld on Aupst
8, 1996 .
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3. TBA T Planning Community Coordinator Stitt leStified to the nature and intent of the
proposed amendmcnls rcprding home day-care, which would allow •flmily child-care
homes" and "infant/toddler homes" IS a Coaditioaal Use in the R-1-A 7.one District;
would modify verbiage rcprding home day-care in remainina residemial zone districts
to comply with wording of Seate rqulations; allow ·Larae Child-Care Centers" IS a
Conditional Use in R-1-B, R-1-C, R-2, R-2-C, R-3, and R--i :zone Districts; and bring
the definitions into compliance with Seate repwiom.
4 . THAT no one WIS in IUCDdance in support of or opposition to the propoeed amend-
ments .
WNCLUSIQNS
1. TBA T notice of the Public Hearing wu properly given by publication in the EDak:
~ Hmld on August 8, 1996.
2. TBA T the Planning Commission determined that the proposed amendment of the Com-
prehensive Zoning OrdiDancc will provide the opportunity for home day-care in all
residential districts, and bring restrictions on home day-care into conformance with
State regulations .
DECISION
THEREFORE, it is the decision of the City Plannina and Zonina Commission lbat the Com-
prehensive Zoning Ordinance should be amended to allow •flmily child-care bomes" and
• infant/toddler homes" as Conditional Use in R-1-A, to c:Jrmae verbiap in remainiDI raiclen-
tial zone districts regarding home day-care to comply wi1b Seate rqulalic.m, and to modify
definitions to comply with Stare rqulations.
The decision WIS reached upon a vote on a motion made at the meetins of the City Plumina
and Zonina Commission on Aupst 20, 1996, by Horner, seconded by Tobin, wbicb motion
states:
1M Pl4nning Commission recommend approval of the propoud tllM1ltbnotts to 1M Co,np~-
hensive Zoning Ordinance on holM day-can as sn fonh in Case IOR-96-03.
AYES:
NAYS :
ABSTAIN :
ABSENT :
Dummer , Horner, Shoop, Tobin, Weber, Muon
Redpath, Dou1las
None
Garrett
The motion carried .
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Tbcse Findings and Conclusions are effective as of the meetina on Aupst 20, 1996.
BY ORDER OF THE CITY PLANNING A ZONING COMMJS.flON
Vice-Cbainnan
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
A BILL FOR
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ES I I--AIIBNDDfO 'ffl'LS 11. CBAPID8, AND a, OP THB
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION
a, IIOIIB DAY CAD l'Am.11118 llf 'l'BS ~1-A r.oNB DJ8'1'1DCT.
WHEREAS, day care homee located in the R·l-A Zone District approached City
Council requesting that the Zoning Ordinance be amended in aome mumer to allow
home day care in the R-1-A Zone District; and
WHEREAS, the Englewood City Council Reaolution No. 52, Seriee of 1996,
establi1hed a policy to ceue IOJllDI enforcement for day care buain-in the R-1-A
district that were licenaed by the State of Colorado and operating prior to June 3, 1996;
and
WHEREAS , thia limit to zoning enforcement ii eft'ective from June 3, 1996 through
October 21, 1996 and only appliea to the prohibition of a day care buainNI in the R-1-A
and not to other proviliona of the Englewood Municipal Code; and
WHEREAS, City Council directed the Neighborhood and BuainNI Development
Staff to review the 1ituation and prepare a recommended courae of action; and
WHEREAS, thi1 Ordinance would permit heme day care u a Conditional Uae in
the R-1-A Zone District; and
WHEREAS, theae amendmentl are bued on the curnnt Colondo Department of
Human Services, Divi1ion of Child Care rulea re,ulating child care hcmea;
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, Colando hereby approvea ~ :~:~~·=:~:==-~-:: .. .
composed of certain quiet, low-denaity reaidential areu of the City. The
regulations for thil Di1trict are deaigned to 1tabilize and protect the e11ential I
characteri1tic1 of the Diltrict, EXCEPI' FOR CERTAIN CONDfflONAL ~
WHICH ARE CONTROLLED BY SPECinC LIMITATIONS GOVERNING THE
1
SIZE AND EXTENT OF SUCH USES and to promote and encourap a 1uitable .
environment for family life . To th-encla, development ii limited to a relatively
~Mol"wl'III{[, ' nuaUoo, ud """"""" -on Umilod bdi<ally ., ,ln1lo-family . I
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Section 2 . The City Council of the City of Englewood , Colorado hereby approves
amending Title 16, Chapt.er •. Section 2, Paragraph 0, of the Englewood Municipal
Code to read as follows :
16+1: R-l0 A, SJNGLE-FAMILY RESIDENCE D18'11UCT:
0 . Conditional U11e: Provided the public interest ii fully protect.eel and the
following use is approved by the Commission:
1. FAMILY cmLD CARE HOME OR INFANTfl'ODDLER HOME.
2 . Dependent care centers: StructurN uaed u educational institutions,
religious institutions or public facilities, mating at the time of the
enactment of this Ordinance, may be converted for uae u dependent
care centers.
Section 3 . The City Council of the City of Englewood, Colorado hereby approves
amending Title 16, Chapter •. Section 3, Paragraph Ill, Number 5, al the Englewood
Municipal Code to read as follows :
16+3: R-1·8, SINGLE-FAMILY BB8IDENCE D18'11UCT:
M . Accessory Buildings And Permitted Accessory Uses:
5 . Home occupation: Occupations customarily incidental to the
principal use as a residence when conducted in the same dwelling,
provided that the following conditions are met:
i . FAMILY CmLD CARE HOME OR INFANTfl'ODDLER
HOME .• t,-, -e h1me fir the -•-te femo (6) ehiUr• •. , lie,... ... -• h••• ····--
Sectign 4. The City Council of the City al Enalewood, Colorado hereby appl'OYeB
amending Title 16, Chapter,, Section 3, Paracrapb N, Number 1, al the En,lewood
Municipal Code to read u followt :
16+3: R-1-8, SINGLE-FAMILY RESIDENCE Dl8'l1UCI':
N . Conditional Ullt!S : Provided the public inta.t ii fully protect.ed and the
following use is approved by the Commillion :
1. LARGE CWLD CARE HOME : Qhil• -e _.,., Small ehil•
eare eenMr Nf\ieg &,e (5) te Neloe (18) 1hiU1e. Accellory play
equipment shall be located in rear yard.
Section 5 . The City Council of the City ofEnpewood, Colorado hereby approves
amending Title 16 , Chapt.er •.Section•. Chapter Ill, Number 5, al the Enpewood
Municipal Code to read u follows :
I ..... : R-1..C, SINGLE-FAMILY RBSIDBNCB DIBTIUCf:
M . AcceBBory Building• And Permitted Acceuory Ullt!S :
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5. Home occupation: Occupatiom customarily incidental to the
principal UN u a residence when conducted in the aame dwelling,
provided that the following conditiom are met:
i. FAMILY CHILD CARE HOME OR INFANT/l'ODDLER
HOME. t.-,-heaefrrtlte-•-•--(e) lhil••.., lie ....... -• lli1a1 ..........
Ses;tion 6 . The City Council of the City alEnpewood, Colorado hereby approves
amending Title 16, Chapter,, Sectian ,, Chapter N, Number 1, of the Engl-ood
Municipal Code to read u follows:
I...._.: ll-1.C, SJNGLB.FAIIILY IIIIBIDBNCB D1B'1'R1CT:
N . Conditional u-: Provided the public interest ia fully protected and the
following UN ia approved by the C-ommiNioo:
1. LARGE CHILD CARE HOME: Sllil. -....... Baell elliH NH
~ Nl"ftlll fiue (i) ti •ehe (II) ellil•re11. Acceuory play
equipment lhall be located in the rear yard.
Ses;tign 7. The City Council of the City alEn,l~. Colorado hereby approves
amending Title 16, Chapter,, Section 5, Chapter N, Number 5, of the ~ood
Municipal Code to read u followa:
lM-1: ~I MEDIUII-DBNBITY BB81DENCE DIS'DIICT:
N . Acce11ory Buildinp And Permitted Acceuory u-:
5 . Home occupatiom: Occupationa c:uatcaarily incidental 1D tbe
principal wie u a residence when conducted in tbe -dwellin1,
provided that the follawin( conditiom are met:
i . FAMILY CHILD CARE HOME OR INFANTfl'ODDLER
HOME . 6..,_ .......... ___ ...... m+n.
-, lie ........ a .. _, 1111,,ti,11 .
Soc;tiqp 8. The City Council of the City al.,.__, Colando banbJ approves
amending Title 16, Chapter,, Section 5, Chapter 0, Nuablr 1, altbe EDpwood
Municipal Code to read u follows:
0 . Conditional Uae : Provided the public intereet ia fully pratec:ted and tbe
following uaer are approved by the CommiuiOD, aeept for tlMae pvu.p
homes which are required by State statute, the follawin( proviaiom apply:
1. LARGE CIULD CARE HOME. Baell ellil• -_ .. , rervinc fwe
(i) '8 •• e (II) 11lil•re•. Acceuory play aquiJamt lball be located
in the rear yard.
Soc;tiqp 9 . The City Council of the City al Enclewood, Colorado hanby 8ppr'Ofte
amendinr Title 16, Chapter,. Section 6, Chapter II, Nlllllblr 5, altbe lnpnood
Municipal Code to read u follows :
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11-M: &-1-C MEDRJM-DENBITY RE8IDBNCE DIB'l1UCI':
M . Accessory Buildinp And Permitted Acceuory UBe&:
5. Home occupationa: OccupatillDII cuatomarily incidental 1D the principal
uae u a residence when conducted in the same dwelling, provided that
the following conditions are met:
i . FAMILY CHILD CARE HOME OR INFANTfl'ODDLER
HOME . .•.-, -heme fer the -er-• fw (6~ ehil.._.., lte ,....._ • • h1me ••.,.ti•a.
$ect;jgn 10. The City Council of the City of En,lewood, Colorado hereby approves
amending Title 16, Chapter 4, Section 6, Chapter N, Number 1, of the Engl-ood
Municipal Code to read u follow,:
11-M: &-1-C MEDRJM-DENBITY BB8IDENCE DIB'l1UCI':
N. Conditional Use : Provided the public intereat ia fully protected, the
following UBe& are approved by the Commiuion, ncept for those IJ'OUP
homea which are required by State Statute, the followm, proviaiona lhall
apply:
1. LARGE CHILD CARE HOME . Small ehilll -eater •"BIi fi,e
(51 • ... e1.e (111 ehiHr•. Accellory play equipment lhall be located
in the rear yard.
$ect;jgp 11. The City Council ol the City of Englewood, Colorado hereby approves
amending Title 16, Chapter 4, Section 8, Chapter 0, Number 7, • the Eqlewood
Municipal Code to read u foUowl:
1~ R.s, IIIGII-Dll:IBTY IIBIIIDBNCE DIB'l1UCI':
0 . AcceNory Buildinp And ~tt.ed Acceaory u-:
7. Home occupation : Occupations cultomarily incidental to the
principal -u a Naidence when conducted in the same dwellin1,
provided that the followm, conditions are met:
i . FAMILY CHILD CARE HOME OR INFANTtrODDLER
HOME . .t. lie, _, h1m1 fer the -•-•fa• (61 ......
• ., lte pe,..._11 • • hlme •••••ti1a
$ect;jgp 12 . The City Council • the City • Eqlewood, Colorado henby approvea
amending Title 16, Chapter 4, Sectian 9, Chapter II, Number 5, mthe Bnflewood
Municipal Code to read u follows :
M . Accessory Buildinp And Permitted Acceuory u-:
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5. Home occupations: Occupations c:uatomarily incidental 1D the
principal uae u a residence wbm candw:ted in the ume dwelling,
provided that the followinc canditiona are met:
i. FAMILY CIULD CARE HOME OR INFANTfl'ODDLER
HOME. .t.-, -h-e fer the -fl w • ,._ (6) ehil,rea
_, ............ 1a •• , ....... .
Sectim 13. 'l1le City Council oftbe City ofBqiewood, Colando, hereby~
amendinc Title 16, Quipt.w 8, Section 1, oftbe 11:apewood Municipal Code with the
inlertion of the followinc deftnitiona in alpbabetical crier:
FAMILY CHILD CARE HOME:
INFANT/l'ODDLER HOME:
.5.
A CIULD CARE FACILITY THAT
PROVIDES LESS THAN 24-HOUR
CABE FOR 2 OR IIORE CHILDREN
ON A REGULAR BASIS IN A PLACE
OF RESIDENCE. CHILDREN IN
CABE ARE FROII DIFFERENT
FAIIILY HOUBBHOLDS AND ARE
NOT RELATED TO THE
CAREGIVER. CARE IIAY BE
PROVIDED FOR 6 CHILDREN
FROII BDlTH TO JI YEARS OF
AGE WITH NO IIORE THAN 2
CHILDREN UNDER 2 YEARS OF
AGE. CABE ALSO IIAY BE
PROVIDED FOR NO IIORE ftlAT 2
ADDfflONAL CHILDREN OF
SCHOOL AGE ATl'ENDING FULL-
DAY SCHOOL. RESIDENTS OF
THE BOD UNDER 12 YEABS OF
AGE WHO ARE ON THE
PBENJSBS AND ALL CHILDREN
ON TBB PRBlll8BS POR
8UPBIMSION ARE COUNTED
AGAINST THE APP1lOVED
CAPACITY.
A CHILD CARE FACILITY THAT
PROVIDES LESS THAN 24-HOUR
CABE OllLX FOR CHILDREN
WHO ARE Bfl'WUN BlllTB AND
8 YEABS OLD IN A PLACE OF
RBSIDENCE. THB CAREGIVER
IIAY HAVE NO IIORE THAN 1
CHILD OR FOSTBR CHILD
BBTWDN 8 AND I YBAR8 OF
AGB. IF THBllB 18 1 CAUGIVER,
THBU IIAY BB A IIADIIUII OF ,
CHILDREN, WITH NO IIORE
THAN 2 CHILDREN UNDD 12
IIONTIIS, INCLUDING THE
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LARGE CHILD CARE HOME:
CAREGIVER'$ OWN CHILDREN.
IF THERE ARE 2 CAREGIVERS
CARING FOR THE CHILDREN AT
ALL TIMES WHEN CHILDREN
ARE PRESENT, THERE MAY BE A
MAXIMUM OF 6 CHILDREN
BETWEEN BIRTH AND 3 YEARS
OLD, AND NO MORE THAN 3 OF
THOSE CHILDREN CAN BE
BETWEEN BIRTH AND 1 YEAR
OLD, INCLUDING THE
CAREGIVER'S OWN CHILDREN.
A CHILD CARE FACILITY THAT
PROVIDES CARE FOR 7 TO 12
CHILDREN WHO ARE NOT
RELATED TO THE CAREGIVER IN
A PLACE OF RESIDENCE. CHILD
CARE MAY BE PROVIDED TO
CHILDREN FROM 24 MONTHS TO
16 YEARS OF AGE. CARE MAY BE
PROVIDED TO NO MORE THAN 2
CHILDREN UNDER 2 IF OLDER
smLINGS ARE IN CARE .
RESIDENTS OF THE HOME
UNDER 12 YEARS OF AGE WHO
ARE ON THE PREMISES AND ALL
CHILDREN ON THE PREMISES
FOR SUPERVISION ARE
COUNTED AGAINST THE
APPROVED CAPACITY.
Sec;tigp H Safety Cl1uu1 The City Council, hereby finds, determioea, and
declare• that thia Ordinance ii promulpted under tbe poeral police power or tbe
City or Englewood, that it ii promulpted for tbe bealth, Afety, and welfare or tbe
public, and that thil Ordinance ii n-,,y for tbe ..-nation or health and
ufety and for the protection of public convenience and welfare. The City Council
further determinea that the Ordinance bean a rational relation to tbe proper
legillative object aougbt to be obtained.
Sec;tigp 15. SexcrebiUty If any dauae, 1ent.ence, pua,raph, or part or this
Ordinance or the application thereof ID any pel'IOll er cireumltancea ahall for any
reuon be adjudged by a court of competent juriadiction invalid, IUCb jud1JDent
,hall not affect impair or invalidate tbe remainder of thia Ordinance er itl
application to other penona or ciffumatancea.
$ec;t,jgp 16 lpGQQ•jlfcpt OrdiPIPC:CI All atha-Ordinancea er portiona thereof
incon1i1tent or conflictin1 with thia Ordinance er any portion hereof are hereby
repealed to the extent or aucb inconaiatency or conflict.
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Sertior 17 Effect q[,...,.. gr mpdifi&e&iAP '1be repeal er modification of any
proriaian oft.be Code of die City of En,lewood by tbia ~ llball not releue,
ntinpiah, alter, modify, or c:hanp in whole er in .-rt an:, pmalt:,, fwreitwe, or
liability, either civil er criminal, wbicb llball bPe a,-incurnd ader auch
proviaion, and each prcmaiaD llball be tnated aad beld • lllill nm•inin1 in force
for the purpw of nstuninc an:, aad ell praper ediw, eaita, ..-a ceedinp, and
proeecutiou for tbe enforcement of tbe penalty, foafeiture, er tiallilit:,, • well u for
die pmpme of neteiniDr an:, judrmmt, dacrN, er ..._ wbieb can er me:, be
rendered, entaecl, or made in ncb adiona, eaita, ..-a c_,inp, er prwutiou.
Sectim 18. flaalu. '1be Penalty Prori8iaD ofB.11.C. SectiaD 1-4-1 lhall apply to
each and ever:, yjoJation of tlua ~-
Introduced, read in full, aad paaed CID tint nadinr CID tbe 71h day of Oet.ober, 1996.
Publilbed U • Bill fer UI Ontiunce CD tbe 10th day of October, 1996.
ATTEST:
Louc:rishia A. Ellis, City Clerk
I, Loucrisbia A. Ellia, City Clerk of tbe at:, of ......... Calando, _...,. certif:,
that the above aad fonpinr ia a tn. cap:, of• Bill far an Ordimmoe, in.troclaced,
read in full, and pueed CD tint nadinr CID tbe 71h U:, ofOct.ober, 11118.
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COUNCL COMMUNICATION
.,.. Agenda ....
Odober7, 1118
NTIATEDBY
City Clertt's offlce/Electlon Commlllion
11 a vi
STAPF SOURCE .
Louatshla A. Ellis, City Cler1IIElec:tio Commlaion
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood partlclpad wllh Arapahoe County In condudlng mail ballot eledlons in 1193 and 1195.
RECOMMENDED ACTION
By resolution set Tuelday, January 14, 1197, a the elate for the rllC8II election and designate that the election be
conduded by maH bllllol In accordance wllh the Colorado Munlciplll Elec:llon Code of 1115 and the Uniform
Elec:llon Code of 1112 Article 7.5 (Mall Ballol Elec:llons). In accordance wllh the EnglewoOd Charter the nlCIIII
elec:tion can be held between December21, 1118 and Febnlary 3, 1197. Aftertaldng lnlo consideration legal
holldays and council meetings I am ~ndlng 1tlal Council NI the elec:tion for TUNdey, January 14, 1197.
The Elec:llon Commission agrees that ... In the bat 1111 ...... of the ...... of El~ to conduc:l tlle 19Ca11
election lhrougtl the mall bellOI procedures. Paragon Sytlems Group has tlle alllllly to facllltale tlle mail ballot
election.
$20,000 has been set aide for elections In tll8 1117 Buclgel .
If Council Member Hlllhaway Is l9Called by • majority vote, the office Is dNmed vecenl and shell be flied et en
election celled by Council not .._ then eo uys nor men then 120 uys after the na11 elec:tion. Addl6onelly,
Ellglewood's general munlc:ipel election Is ldleduled for Novembel 4, 1197.
Elllmllled COit of tll8 Rec:ell Elec:llon Is $10,000. If election costs for 1197 eJICNd tll8 budgliled amount, Council
wll be med to approve • supplement.
UST OF ATTACHMENTS
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State of Colorado
County of Arapahoe
City of Englewood
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CERTIFICATE OF SUFFICENCY
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, pwsusrt to Colorado
State Statutes 314503 (4), do hereby certify as follows :
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A. Petitions were circulated to recall Rita Hathaway from the Office of City of Englewood
Council Member District I.
B . For recall the petition must be signed by registered electors, who would be entitled to
vote for a successor of the ina.l'nbent sought to be recalled, numbering at least 25% of the
registered electors voting for all the candidates for the elected officer's respective office in the
last preceding general municipal election. Therefole, 319 signatures were required.
C. Recall petitions were filed with the City Clerk's office August 16, 1996. It was
-.mined that they were insufficient. The Recall Committee was given the opportunity to
an the petitions per State Statute 314503 (3) (c).
D . On September 3, 1996 a Notice of Protest of Recall Petition was filed with the City
Clerk's offiat by Rita L. Halhaway.
E . On September 4, 1996 cured petitions were filed with the City Clerk's office and on
September 5 , 1996 the cured recall petitions were deemed sufficient at that time. The City
Clerk's offiat determined that ther9 were 332 valid signatures.
F . On September 12, 1996 a Protest , ._ i ig was held to determine the sufficiency or
insufficiency of recall pMitions filed with the City Clerk's office .
G . On September 17, 1996 the written Determination was made that the petitions were
sufficient.
In witness whereof, I have hereto affixed my lignahn and the official Seal of the City of
Englewood this 1st day of October, 1996.
SEAL
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Bl80U1l'IONNO. ~
SERIEs OF 1996
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A UM(,lfflOlf asrmro A ... ,AU macnoN n IIAIL IW.IDI' WH&ih '1'111:
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, petitiom far the recall al Council Member Rita L. Hatba-y W9'e
circulated, a IUfficieDt number of aipatuna aMained, and Mid petitiam WW"e filed with
the City Clerk'• Office ol the City of EDClewood, Colando, Oil Au,ut 16, 1996; and
WHEREAS, on Sept.ember 3, 1996 a Notice al Pruteat of Recall Petition WU filed with the
City Clerk'• office by Rita L. Hathaway; and
WHEREAS, cured petitiom were then filed with the City Clerk'• afflce OD Sept.ember 4,
1996 and were d-.d aufticimt OD S.--15, 1996 by the City Clerk; and
WHEREAS, a Pruteat Heum, wu held to det.ermine the autlic:iwy or iuufficieney of
the recall petitiom OD September 12, 1996, and a written Detsminatian -made OD
September 17, 1996 by the City Clerk that the petitiOll8 were iD fact llldlicient; and
WHEREAS, the Election CcamiNiOD of the City ofEqlewood .,.._ that it would be iD
the beet iDtereat of the elec:ton of Eqlewood to concluc:t the recall electiOD throu,b mail
ballot procedures; and
WHEREAS, iD accordance with the EDClewood Charter, the rec:all elec:tiOD may be held
between December 21, 1996 Uld Felinwy 3, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sec;tign 1. 'lbe recall electiOD far Council Member Rita L. Hathaway llhall be Nt for
January 1', 1997.
Sec;tigp 2. 'lbe recall electiOD lball be belcl by mail ballot proced-and CODductecl iD
accardance with the Colando llanicipal ElediaD Code ol 19615 and the
UDif-Eleeticm Code ol 1912 Article 7 .15 Cllail Ballat Eladiaaa).
Sw;tiqp 3 . Parqon S,.... Gnup lball be Nlec:ted to facilitate the mail ballot
election.
ADOPl'ED AND APPROVED thia 7th day ol Odober, 1996.
ATTEST : 11acau J . Burm, Mayor
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Cln far the City olBnpwood, Colando, benby cartif)' the
above ia a true copy al ReaolutiOD No . _. S... ol llN.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
OCTOBER 7, 1996
Call to order. 7:~ ~
Invocation. U}~
7:30P.M.
Pledge of Allegiance. ~
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4. Roll Call. ~ ~/ / ~IJ'LRl/9
5. Minutes.
a. Minutes from the Regular City Council Meeting of September 16, 1996 end the
Sp9c)al Cit Council Meeting f September 23, 1~9 . J2 • °'ij . f/lj_~-.i-1{' ~ -~ ,..~~ 'ii)
6. sct:£~:d Visitors. ease limit you resentati:lto t ~Ifie~
a. Etta Mee Merker, Executive Director of Columbine Knolls Parks end Recreation
District, ... Deflk ill1FtlaJdl, Reereatio11 9peciall1c of PtRJtldll1 Paki aid
-Aac•aafioo Di•ftict will be present to award Austin Gomes and Steve Neyer,
Chair end Vice Chair of Englewood's Parks and Recreation Commiuion, a
citation from the Colorado Perks and Recreation Association for their
outstanding contributions to the enrichment of the community's recreational
quality of life.
b. A representative of the Englewood Clean, Green, end Proud Commission will
present en overview of the Commiuion's ace ishments and req~st , \.
financial consideration for future endeav /~').(ID (,. ~....)
c. Brien Buzby, Policy Director for Citizens to ve Colorado's Public Trust Lands,
will be present to address Council regarding the Public Trust Lands Campaign .
7. Non-
Plw nale: If you haw ,1 lllalllllly ..a .... ....., ... • .... ,.._aillfr .. Cllyf//111" •-C7U-W)al
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City C-il Apllda
Oct-,7,1"6
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8. Communications, Proclamations, and Appointments.
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ii.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance amending the section of the Englewood Municipal
Code pertaining to General Licensing provisions, and removing this
section from the licensing moratorium. STAFF SOURCE: frank
Glyglewlcz. Director of Financial ~icN.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance amending the section of the Englewood Municipal
Code pertaining to Amusement licensing, and removing this section from
the licensing moratorium. STAFF SOURCE: frank Glyglewtcz. Director of
Financial hrvlca.
iii. Recommendation from the Department of Financial Services to adopt a
bill for an ordinance amending the section of the Englewood Municipal
Code pertaining to Food Dealer licensing, and removing this section from
the licensing moratorium. STAFF SOURCE: frank Gryglewlcz. Director of
Financial hrvlca.
P1we naer. If ,au hne I tlMINllty wl nwl-.lllary ... •---. ..... ....., .. (II¥ el I ~1 •II OU-MM) II .............. _...,,.._....__ ............. ,...
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City Council Agenda
October 7, 1996
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iv. Recommendation from the Department of Financial Servic~s to adopt •
bill for en ordinance emending the section of the Englewood Municipal
Code pertaining to Arborist licensing, end removing this section from the
licensing moratorium. STAFF SOURCE: Frank Gryglewicz, Director of
Financial Services.
v. Recommendation from the Department of Safety Services to adopt • bill
for an ordinance approving • contract with the Colorado Department of
Transportation for Law Enforcement Assistance Fund (LEAF) grant
funding. STAFF SOURCE: lob Moore, Sat.ty hNices Divlaion Chief.
b. Approve on Second Reeding.
faY
1 1. Ordinances, Resolutions, end Motions.
a. Approve on First Reeding.
b. Approve on Second Reading.
"-11011: If,-, haft a lillllllly wl .... --.,Y ... •---. ... MIiiy .. Clly., I JI M C7U-W)II
lalt41hounllladva11Ceol ................. 111116,-.
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City Council Apnda
October 7, 1996
Paae4
12. General Discussion.
e. Mayor's Choice.
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b. Council Members' Choice.
13. City Manager's Report.
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!J&..lJ /A }l· f.ecornmendation to go into Executive Session immediately following t vrr Lt ({I-U I regular City Council meeting to discuss pending real estate matters
14. City Attorney's Report.
a. Motion to defend against the claims filed by the Hortons in the Federal and
J State Courts, including the defense and the holding harmles~ / ftff/_,,,o..,I emplo:t;.:~~I and individual capacities. ,v~
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The following minutes >.c:::smitted to City Council between 09/13/96 • 10/03/96:
• Englewood Housing Authority meetings of July 31, and August 28. 1996
• Englewood Public Library Board meeting of August 13, 1996
• Englewood Liquor Licensing Authority meeting of September 4, 1996 ~~
......... ff,-..... a6allllly _. .... ...., .............. ..., .. Cir_, I '1 •• C,U.MIS)II ............. .._. ...................... ,...
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OCTOBER 21, 1996
REGULAR CITY COUNCIL MEETING
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