HomeMy WebLinkAbout1996-05-20 (Regular) Meeting Agenda•
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REGULAR CITY COUNCIL MEETING
MAY 20, 1996 /./. /. /. y:<.. 25, 26
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RESOLUTION# 48, 49, 50, 51, 52, 53, 54, 55, 56
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 20, 1996
7 :30 P.M.
1. Call to order . 7 .'_% ~
2 . Invocation. /)J'1r
3 . Pledge of Allegiance. ~
4 . Roll Call . VJ -/ { !R£{-..,AJr : I/A-UJJ1e 11r)
5. Minutes.
OffJ 6-o-l a. Minutes from the Regular City Council Meeting of May 6, 1996. W ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Mayor Burns, on behalf of the Clean, Green, and Proud Commission, will honor
Waste Management of Colorado for its sponsorship of and assistance with the
1995 Good Neighbor Days. Dean Vander Baan, President of Waste
Management, will accept the award .
b. Mayor Burns, on behalf of the Clean, Green, and Proud Commission, will honor
the Safety-Kleen Corporation for its sponsorship of and assistance with last
year's Household Hazardous Waste Drop-off Program. Greg Gallagher, branch
manager, will accept on behalf of Safety-Kleen.
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d.
Mayor Burns, on behalf of the Clean, Green, and Proud Commission, will
present Englewood firefighters Miles Kubly and Mark Stout with an award for
their invaluable assistance with last year's Household Hazardous Waste Drop-
off Program.
Lisa Lacey, Western Division Public Affairs Manager of Safety-Kleen, will
present to the City of Englewood a certificate of appreciation.
,.._ no1e: If yo11 haw a dlubility and need auxiliary aidl or 9vic:a, plwe IIGlify the City el E .. ,awl (762-2415) .a
lellll 48 hours in advance el wt.. ISYic:el are needed. 1-* ,au.
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City Council Agend.i
May 20, 1996
P.ige2
7. ~~n~d~. (Please limit your presentation to five minutes.)
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8. Communications, Proclamations, and Appointments.
· Board of Adjustment and Appeals.
a Letter from Jean Christman indicati~ner resignation from the Englewood
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9.
10.
Puff ring. (None scheduled}
Consent Agenda.
a. Approve on First Reeding.
i. Recommendation from the Department of Public Works adopt a bill for an
ordinance establishing assessments for Concrete Replacement District
1995, and approve property owner notification of assessments. Council
is also requested to set a date for a public hearing to gather citizen input
on Concrete Replacement District 1995 a~~ssments. STAFF SOURCE:
ChalN e.t.ly, Dnctor of Pubic Worb.(,1)1~
b 0/'fd lrtJ-1
AP.P.rove on Se~ond _Reapi~. . .
-UJ~ /AJ.H)U. ~ dJ}~_ /0 {r I ~ II
i. ~uncil Bill No. 21, settf"1 forth-procedures to appdnt hearing officers
and regulations for review by the hearing officers. W4Pl9
ii. Council Bill No. 24, approving a Joint Funding Agreement with th1 U. S.
Geological Survey for a gaging station at Union Avenue and the Suuth
Platte River.
iii. Council Bill No. 25, prohibiting tobacco use by minors.
iv. Council Bill No. 27, approving an Intergovernmental Agreement with the
City of Thornton for rotomilling services .
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
i.
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Recommendation from the Department of Parks and Recreation to
approve, by motion, the construction contract for Centennial Lake 66"
Storm Sewer Outfall Rehabilitation Project. Staff recommends awarding
the bid to the low bidder, U.S. Contractors, in the amount of
$42,941.00. TAFF SOURCE: Jen .. •all. BlialW of Pub alll P/l,UfTJ(_ E.YE(LV
RcetMIICill.
l'lwe nale: If you hne a tlillllllly and ..... adlary al*•---. .... allf¥ .. Cllr el T .. 811 (76M4U) al
lealt 48 houn in advance al wha'I ..._ .. ......_ n..,-.
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City Council A8ffl(la
May 20, 1996
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ii. Recommendation from the Department of Financial Services to adopt a (! f!:1:,-;2( bill for an ordinance establishing a temporary suspension or moratorium of
/Jbl) J t,;-o-( certain m iscellaneOUS business licenses for a period Of SiX months/} h LL ,rGC STAFF SOURCE: Frank Gryglewlcz. Director of Financial Senric:n.~
iii . Recommendation from the Office of Neighborhood and Business
( /).M-_JIJ Development to ad9Pt a bill for an ordinance approving proposed
{/fr" 7 amendments to the Comprehensive Zoning Ordinance relative to Planned
().8}A ,J /. -{)-/ Unit Developments. STAFF SOURCE: Bolt C,, ::~ of /ll/t.t-~"
-7 r" IP Neighbomood and ..._. Devaloprnmt. , • ~'1/
b. Approve on Second Reading.
~J '1 :> i. Council Bill No. 26, approving an Intergovernmental Agreement for the A!f7j; ~, A'7, i 5 _0 -/ -/ 1996 Arapahoe County Community Development Block Grant Program .. •-----c,,v;
apf C Hff llAJ : !JI 1u10
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice .
13. City Manager's Report .
14. City Attorney's Report.
f1ffi 1,-0-1 a. Recommendation to go into Executive Session to discuss a personnel matter.~
Adjournment. f/~
The fo~es were transmitted to Council from 05/03/96-05/16/96:
• Englewood Parks and Recreation Commission meeting of April 11 , 1996
• Englewood Planning and Zoning Commission meeting of March 5, 1996
• Englewood Housing Authority meeting of March 27, 1996
• Englewood Liquor Licensing Authority meeting of May 1 , 1996
..... note: If you hne A clllbillt)' wl ftNd _..., Aida or-*-, plwe IIOlify Ille City of Et .... lllood (762-2415) ill
..... hours lnAdvanceof whal ____ ........ n..llyau.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON SCHEDULED Vl81TOR8
DATE: MAY 20, 1911
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NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME. ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 20, 1996
7 :30 P.M.
1 . Call to order. 7 .'_% f"1/
2. Invocation. !)).ltJ'r
3 . Pledge of Allegiance. ~
4. Roll Call. ~ -/ ( 4-R£r-JJr : /IAl!ieJJ1e11r)
5. Minutes.
OfPd 6-o-l a. Minutes from the Regular City Council Meeting of May 6, 1996. I)}~
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
a. Mayor Burns, on behalf of the Clean, Green, and Proud Commission, will honor
Waste Management of Colorado for its sponsorship of and assistance with the
1995 Good Neighbor Days. Dean Vander Baan, President of Waste
Manegement , will accept the award.
b. Mayor Burns , on behalf of the Clean, Green , and Proud Commission, will honor
the Safety-Kleen Corporation for its sponsorship of and assistance with last
year's Household Hazardous Waste Drop-off Program. Greg Gallagher, branch
manager, will accept on behalf of Safety-Kleen.
C. Mayor Burns, on behalf of the Clean , Green, and Proud Commission, will
present Englewood firefighters Miles Kubly and Mark Stout with an award for
their invaluable assistance with last year's Household Hazardous Waste Drop-
off Program .
d . Lisa Lacey, Western Division Public Affairs Maneger of Safety-Kleen, will
present to the City of Englewood a certificate of appreciation.
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,.._ note: If you have a diabilty and nad ..._, aids or---. plwe ftlllify the Cily of &••waad (762-2405) It
lealt 48 hows in Mlvmce of when Nnice-needed. n.-,-.
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City Council~
May 20, 1996 ,.2
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8.
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10.
~~n~~-(Please limit your presentation to five minutes.)
11---~~
Communications, Proclamations, and Appointments.
Letter from Jean Christman indicati
Board of Adjustment and Appeals.
Puff ring. (None scheduled)
Consent Agenda.
a. Approve on First Reading.
i. Recommendation from the Department of Public Works adopt a bill for an
ordinance establishing assessments for Concrete Replacement District
1995, and approve property owner notification of assessments. Council
is also requested to set II date for a public hearing to gather citizen input
on Concrete Replacement District 1995 a~~ssments. STAFF SOURCE:
Chartes Esterly. Dlractor of Public Won.a.(,J) "1~
b lpfd lrf)-l ¥.P.rove on Se~ond _Relljli~. . . -w~ ~tTIJ)~_ /Otr1~t1
i . .fl!buncil Bill No. 21, settf" forth procedures to appo(nt hearing officers
and regulations for review by the hearing officers. wJ::19
ii. Council Bill No. 24, approving a Joint Funding Agreement with tht U. S.
Geological Survey for a gaging station at Union Avenue and the S..1uth
Platte River.
iii. Council Bill No. 25, prohibiting tobacco use by minors.
iv. Council Bill No. 27, approving an Intergovernmental Agreement with the
City of Thornton for rotomilling services .
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
i.
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Recommendation from the Department of Parks and Recreation to
approve, by motion, the construction contract for Centennial Lake 66"
Storm Sewer Outfall Rehabilitation Project. Staff recommends awarding
the bid to the low bidder, U.S. Contractors, in the amount of
$42,941 .00. TAFF SOURCE: Jeuu• • I, BliwlUU of Paub •• PII..EPTJl. !9E(Li./
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fleawlic.l. o
Plew nolll: If ¥OU lane a clubilty wl need amillary ailk o,---. ..... Ullltify the Oly el E al DINI (762-2415) a
least 41 Ian in adnnce el when...__......_ Thali ,-.
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City Council Apnm
May 20, 1996
Pagel
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ii. Recommendation from the Department of Financial Services to adopt a
(! f3I; .J( bill for an ordinance establishing a temporary suspension or moratorium of
/JIJJJ., J {;-()-( certain miscellaneous business licenses for a period of six months//h L.t. ,rGC STAFF SOURCE: Frank Gryglewicz. Direc:tor of Financial Services.~
iii. Recommendation from the Office of Neighborhood and Business
{' /)..11,_JIJ Development to adopt a bill for an ordinance approving proposed
[/fl, 7 amendments to the Comprehensive Zoning Ordinance relative to Planned
1),,:)/ut /·-()-/ Unit Developments. STAFF SOURCE: Bois c,,::~ or/ANt.J;.t.;KII/M ,r"' "' Neighboltlood and ....... Development. , , ~
b. Approve on Second Reading.
tJil,I..J: 1!) i. Council Bill No. 26, approving an Intergovernmental Agreement for the h7J:~,--i 5-0-/-/ 1996 Arapahoe County Community Development Block Grant Program.··~;
Off CM,,SrJ;AJ : &ur.)
12 . General Discussion .
a. Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
Off' 1,-0-1 a. Recommendation to go into Executive Session to discuss a personnel matter.~
Adjournment . f:/A,
The fo~es were transmitted to Council from 05/03/96-05/16/96:
• Englewood Parks and Recreation Commission meeting of April 11 , 1996
• Englewood Planning and Zoning Commission meeting of March 5, 1996
• Englewood Housing Authority meeting of March 27, 1996
• Englewood Liquor Licensing Authority meeting of May 1 , 1996
Plw note: If you haft a dlubillty and need anillay aids • ---. pae-notify the Oty of fnalewood (762-2405) a
lust 48 "-9 in .clvmce of when tenices .-e .-did. Thank you.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 20, 1996
7:30 P.M.
Call to order i7.!J_'5~
Invocation. (jj.J1F
Pledge of Allegiance. ~
Roll Call . (? -/ { 1)/pelfr: l/!8#/l(!llrj
Minutes.
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a. Minutes from the Regular City Council Meeting of May 6, 1996. W~
Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Mayor Bums, on behalf of the Clean, Green, and Proud Commission, will honor
Waste Management of Colorado for its sponsorship of and assistance with the
1995 Good Neighbor Days. Dean Vander Bean, President of Waste
Management, will accept the award.
b. Mayor Bums, on behalf of the Clean, Green, and Proud Commission, will honor
the Safety-Kleen Corporation for its sponsorship of and assistance with Int
year's Household Hazardous Waste Drop-off Program. Greg Gallegher, branch
manager, will accept on behalf of Safety-Kleen.
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d.
Mayor Bums, on behalf of the Clean, Green, and Proud Commission, will
present Englewood firefighters Miles Kubly and Mark Stout with an award for
their invaluable assistance with last year's Household Hazardous Waste Drop-
off Program .
Lisa Lacey, Western Division Public Affairs Manager of Safety-Kleen, will
present to the City of Englewood a certificate of appreciation.
,.._ no1e: If,-a.. a cllllllllywl .... .....,lidl• ..... ,.._aly .. Cllya E -1DIIIOU-M1S)• ........ hOln In advace of ..... ____ ......_ 111111k ,-.
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City Council Agenda
Maly 20, 1996
Page2
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7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes.)
8. Communications, Proclamations, and Appointments .
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~-,· Letter from Jean Christman indicati
Board of Adjustment and Appeals.
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9 . Public Hearing. (None scheduled) y
10. Consent Agenda.
a. Approve on First Reading.
i. Recommendation from the Department of Public Works adopt a bill for an
If) £2,J-ordinance establishing assessments for Concrete Replacement District
LJ.:ff't, 1995, and approve property owner notification of assessments. Council
I _ J is also requested to set a date for a public hearing to gather citizen input
on Concrete Replacement District 1995 assessments. STAFF SOURCE:
Mi'!dfAJ.'fllTrlliJflt,....,· Director of Pubic Worts. /A.t;;.· · .
~"9-1~. Approv~cond Readi ~ ;,;, · / (/
i. Council Bill No. 21, setting flJrln procedures to hearing officers
and regulations for review by the hearing officers.
ii. Council Bill No. 24, approving a Joint Funding Agreement with the U. S.
Geological Survey for a gaging station at Union Avenue and the South
Platte River.
iii. Council Bill No. 25, prohibiting tobacco use by minors.
iv . Council Bill No. 27, approving <111 Intergovernmental Agreement with the
City of Thornton for rotomilling services.
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
~fro-l Recommendation from the Department of P•ks and Recreation to
approve, by motion, the construction contract for Centennial Lake ee·
Storm Sewer Outfall Rehabilitation Project. Staff recommends awarding
the bid to the low bidder, U.S. Contractors, in the amount of
$42,941.00. ,M~-~RCE: Jeuual • I. BluacllW uf Plib illd ~
........ Su~
Plwe IIOII: If,-i..a ....ally wl .... ...., ......... plwaMllly .. Cllyel I 9!1 Nl(JU,,Mll)II ....... ._... .. ...._ ...... _.._ ........... ,...
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City Council Agenda
May 20, 1996 ,.3
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/IJ j__. 2+,J ii . Recommendation from the Department of Financial Services to adopt a
l.,,f;lfr 11" LJJ -/ bill for an ordinance establishing a temporary suspension or moratorium of
f/1-U certain miscellaneous business licenses for a period of six months.
STAFF SOURCE: Frank Gryglewicz. Director of Financial Services. ~
f'rhl-_j 1 iii. Recommendation from the Office of Neighborhood and Business
~ Development to adopt a bill for an ordinance approving proposed
I. / amendments to the Comprehensive Zoning Ordinance relative to Planned ep-O-Unit Developments . STAFF SOURCE: .. 9'1fP.Clll, -of
Neighborhood ... ...._ Development.M~.~
pprove on Second Reading.
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(}) J::/f:. ..,,.'{ ,.....~ouncil Bill No. 26, approving an Intergovernmental Agreement for the
/i1£rAIV : k= \rapahoe County Community Development Block Grant Program~
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12. General Dis~
a . Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report .
/a; Rec~mendation to go into Executive Session to discuss a
Lt _,,.......o --1"
Adjournment . .!./ILl)A.__ [': ( ~
The following minutes were transmitted to Council from 05/03/96-05/16/96:
• Englewood Parks and Recreation Commission meeting of April 11, 1996
• Englewood Planning and Zoning Commission meeting of March 5, 1996
• Englewood Housing Authority meeting of March 27, 1996
• Englewood Liquor Licensing Authority meeting of May 1 , 1996
Pleae noll: H you haw a diubility wl need -a.y _.or---.,.._ lllltify ._ Clly of Etlll1wood (762-2405) at
lelllt48houn in advanceof when Nrvices_...._ n..kyou.
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ENGLEWOOD crrY COUNCll.
ENGLEWOOD, A&U'AIIOE COUNTY, COLOIIADO
l. CaMtaOnler
Tbe regular meeling of die Eaglewood City Coullcil -c:alled to order by Mayor Burm at 7:39 p.m.
2 . 111-=adea
Tbe inwc:alioa -IMO by Coullcil Member Wigim.
3.
The Plect,e of Allegiance -led by Mayor Bums.
4 . a.aeaa
Council Members Halbaway, Clapp, Wiggins, Habeoicbt,
Vmmiaag, Wagoner, Burm
Ament: Nolle
A quorum -praeat.
5. Mi.ea
Allo pramt: City ........ Clark
City Aaanlcy Broczman
Allillut to 1be City Mulpr Grace
City Clerk Ellis
Neighbodlood 111d Busi.-Dewlopmelll Mulpr SimplOII
Neipbodlood Community Coonlillltor Grabam
Director Fonda, Utilities
City Labor Coumel Semple
PlaaniJlg Community Coonlillltor Stitt
Division Cbid'Moore
(a) COUNCll. MJ:DU HATHAWAY MOVED, AND ff WAS SECONDED, TO
APPROVE THE MINUTES or THE UGUI.All MUTING or AnlL 15, 1"6.
Ayes : Council Members Hadaway, Vormittag. Wiggins, Habeaicbt.
Wagoacr. Clapp. Burm
Nays: Nolle
Motion carried.
6 . Sclledaled VilifDn
(a) Tom Buclcller, die llkllllC)' ~ die Eaglnood Police 8CDCfit Awcillion,
addraled Council repntiDg A.-bem 11 (a) (ii) • eo-:il Bill No. 21 . He aid dlis Couacil Bill
c1ea1s with 11ae appca1 pnrm 11111 bclriD& amcer pn,cea 111at is -beiDa ..,.i,ua1 a die Caner
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l.a&lewood C ity Couacil
May 6, 1996
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Service Board as a result of the recent Charter ameodmenL He said, as a liuJe bit of background. a clnft
of this ordinance was provided 10 the Association for c:ommenlS and they made mmc c:ommenlS to stall'
and virtually everything they aJIIIIIIClded on was chanp1 in ODC way OI' 8IIIJlla basic:alJy coasislal with
their request excepl one thing. He advised that that one thing is specific:ally pangnipb E. oa pqe me of
the ordinance. which clcals with the authority of the bearing officer when the bearing officer bean an
appeal . Attorney Buc:scber said the Cbancr provides and bas always pn,vicled. C\'CII when ii was a C-
Scrvice System. for what is c:aUed in the Charter a merit system of anploymeal in the City of Engk:wood.
He advised that is in the current Charter Section 138 :2 . He stalal that lbe purpoae of baviag a merit
system is fundamentally 10 make sure that the City of Englewood bas the IIIOll MIii =t = I caployecs
performing services for lbe City and it's ciliz.cns as possible. He said lbe Clllner lilll various tlliap dial
are parts of that merit system. The Charter, be pointed out, says you wiU ~ oa lbe basis of merit and
ability , you wiU promote on lbe basis of merit and ability. there wiU be uaining to unpn,we paformaDce.
and there wiU be job rclaled appraisals and a system for evaluating merit and ability . ADd be added that ii
says that no employee sball be subject lo discharge except for just cause. Mr. e..:bcl-QO!DIIICIMfd dial
just cause is a term of art in the employer/employee business in both the privalc and lbe public sec&or. He
said it has a very long history and includes various things. Some of the most importaDt of wbic:b are
having evidence of wrong doing or poor wort performance, providing the proper procedures bdOR
discipline. letting the employee know Iha! the employee has engaged in miscoaduct. providing for
progressive discipline, generally a concepl associaled with just cause. He maintained that 8IIIJlla concept
associated with just cause is whether the punishment fits lbe crime. He said the reason that is there is to
prevent an employee. who may have violated some minor rule, from getting tcrminaled for that when that
may be the only blemish on the employees long work record . He noced that tbat is what the concept of
punishment fits the crime is and tbat bas long been a pan of just cause in both the public and privale
sector . He opined that one of the things tbat pangnipb E does is ii removes tbat pan from the concept of
jUSl cause and it is no lonp going to be a factor in the bearing officeR decision . He said tbat it says ii
very specifically by saying if the bearing officer finds tbat there is a factual basis for the allc:ptioas that
led to the discipline, then the bearing officer simply does not bave the audlority IO cbanF the discipline.
Attorney Buescher reminded Council that be bad made lbe QO!DIIICIII thal OIIC of the things thal just cause
prevents is severe discipline for minor offenses. He said, for example, not wearing your scalbell in
violation of a City rule . He said be can probably hear IDOSl of Council thinking tbat none of the
appointing authorities in the City of Englewood would do something like that and be said maybe they
won't. However, he noted. that what they will do , based on bis experience in clcaling with cities,
Englewood and many others in the metropolitan UQ, is say there is an allegation that an employee has
engaged in theft, a very serious offense and in the process of investigating that allegation they find that
the employee has engaged in theft and also find that the employee has violated some other rule for
example not wearing a seatbelt He Slated that when that employee is disciplined both of those rule
violations will be written up. He commented that that is simply a guarantee. it happens all the time and
he said ii could be argued that if ii isn 'I done that way that the appointing authority is not doing his or her
job . He stated that given that scenario then of an employee that is accused of theft and accused of not
wearing their seatbelt gclS fired. II then goes to the bearing officer, the bearing officer bean all of the
evidence and concludes that the employee did not engage in theft. but oonc:ludcs that the employee did fail
10 wear their seatbelt. He Slated that the be:o.ring officer has no cboia:. under the language of this
ordinance but 10 sUSlain the termination, that 's it. end of story. He noted that in good faith the city made a
delerminalion that there was theft. but as ii turns out the bearing officer was not persuaded by the
evidence . And be noted that even though the only offense left is something minor, like not wearing a
scatbelt. the employee is terminated . He said a slight variation on that, and be commented that it is sad to
say that these types of things also go on by employers in this aJUDUy and in this UQ, is that the
investigation into the theft charge leaves the appointing authority saying well I'm not sure we really got
that but we've got the employee on failing to wear the sealbelt. So, be maintained. they wiU fin: lbe
employee alleging theft and failing to wear the ICllbclt, becausc: C\'CII if they can't provc the theft the
employee is gone because they can prove the employee dicln 't wear the sealbell. Mr. Buachcr stalal the
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Eapewood City C011acil
May 6, 1996
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result of this ordinance is to -from the merit syslClll of this City a significant pan of just cause
which the Charter requires . He said they do not believe that that is in the intcn:st of the employees or of
the citm:ns to allow that to happen. He said when the current language was sent over to him a few days
ago in pn:panlion for this meeting tonight, the c:ovcr lcUer poinled out that the Cbancr used to provide
for modificalioa and since that was repealed that means that obviously City Council would not want to
adopt PJll!dhing that bad just been repealed by the citm:ns. He said the logic sounds good but the facts
arc WR!llg. He maintained that the Charter language tbat was repealed in what used to be Section 138:4
pangnph H did not talk about specific:ally modifying or not modifying. that it just talked about just cause.
And be said dial the ordinance in front al Council bas that idenlical language in it in paragraph A. So be
mailllained that the concq,t that was in the Charter that was n:pealcd. as put al this total rmsion of the
sys1em. did DDI specifically say the modification would be allowed by the bearing officer if the bearing
officer a,ncJuded tbat the penalty was too SC\'CrC for the crime. He said then: is nodling in that vote that
.,_.aiu Council from saying we are png to U1C ra1 just cause here and we are png to allow those
bearing officers, if they are convinced tbat it is an inappropriale penalty, to say no tbat employee
sbouldn 't ba\lC been fire or sboulcln 't ba\lC bClcn given a thirty day suspension or whatever it may be
because tbat is not consistent with jusr cause . Mr . Buescher 5lalcd they ask that Council not approve the
language as CWTClllly worded, that they expressly allow the bearing officer to make tbat modification
which is consistent with jUSI cause. One other point be said. is that be bas dealt with vinually C\'CI)'
municipal jurisdiction in the metropolitan area over the past twenty years in one form or another,
representing either employees or associations, and this is to his knowlc:dge the only such provision that
exists in any of those cities that have merit systems, that have can:cr service or civil seJVice or merit
syslelllS. Englewood. be said. would be the only city that would have tied the bands of that neutral body
tbat is suppose to determine wbelber there bas been just cause for imposing the discipline. Attorney
Bucscber staled tbat OD behalf of the Englewood Police Aslociation be asked tbat Council not approve the
ordinance worded in that way, tbat Council amend it to allow modification by bearing officers if the
bearing officer believes tbat the evidence so WUTIIIIIS and OD tbat basis then ba\lC a sys1et11 tbat is
consistent with the just cause provisions al the Charter.
7. N-91edaled Vlliton
(a) Helen Brundage. 4140 South Huron SIRICt. said she bas lived there about 24 years and
bas played golf at the Englewood course since its inception. She said OD May 3n1 she went to the ll)lf
course to play and was asked for her Englewood identification and she did not ba\lC an Englewood CU1TCllt
card as it bad expired. Therefore:. she said, she was classified as non-resident even though she bad
adequate identification as she bad her drivers license and passpon with her. It did not make any
dilferc:nce she said. it was not acceptable. Ms. Brundage said there -many mends with her who aJUld
identify her. Bob Burgener, Jack Poole. Edith Romans and so fonb. She said her question is is Englewood
so strapped for money that it needs two dollars from a little old lady in golf spikes to make things come
out even. She said she thinks it is unfair that Englewood makes citizens get an Englewood identification
card lo participate in the activities of Englewood. She said she thinks that the City Charter probably SlateS
that all Council members must be residents of the City of Englewood, therefor she respcctfull if all
of Council. this evening. bm: their Englewood identification card. Council Member Vormittag and
Council Member Hathaway said they have their cards. Mayor Bums advised that the City Manager bas
her name and address and wiU be responding to her inquiry. She said nothing was acceptable for her
except her Englewood identification card. She said her paapon got her into third world countties but it
could not get her into the Englewood Golf Course. She said she really wonders if Mrs. Habenicht is
qualified to serve on Council this evening as she docs not bm: her card. Council Member Habenicht
produced her card. Ms. Brundage thanked Council.
(b) Linda Cohn. 30S 1 South Marion Street, said she bas practiced law in the City al
Englewood for about 16 years . She said she echoed Ms. Brundage's frustralion because~ time she
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goes to the rec center her card bas expired or is lost or something. But she said tbal is not why she is
here. She said she has laken a look at the PUD tbal Council is laking a look at toaigbt. Mayor Burns
advised that Council will be conducting a public bearing OD the PUD this ~g. Ms. Brundqe said she
knew that. but because she was not sure she could stay that long so she wanled to giw Council her
lhoughls. Mayor Bums assured Ms. Cohn she can speak. but that be just wanled to remind her she was
not in the public bearing if she wants to speak now . Ms. Cohn said that what she was llJUck by in looking
at this is just the lack of public input until we pt to the very end of the PUD . She said when you arc
talking about ,-iag a half acre or more and when she looked at this PUD plan there is 1111 public input
until the very end. She poiDled out we have Slaff' looking al plans. we have plw being oompleted, then
they go to 7.0lling and she said she thinks we have to have the public input a lot earlier in the proc:as. She
said she guesses she is looking al panicularly the Cinderella City redevdopment and she thinks tbal we
nccd to look al wbat public input is going to be if Cinderella City would be treated as a PUD . She said she
thinks it is rally unfair to the dcYeloper as wcll as the citizens of Englewood to not have the public input
until we have all of !bell: plw drawn. we have everyone Id in wbll they want to do and we baYen 't bad
an opponunity to talk about what this land is going to be used for. She said basically in the PUD you arc
able to allow anything that would be allowable anywhere in the City . She said she thinks that we nccd to
loot al what impact thal bas OD the different communities around the PUD site and she thinks tbal we
nccd to do it earlier in the proocss so that clevdopcrs and owners arc not spending great deals of money in
doing somccbiag that the citizens of Eaglcwood arc going to object to. She DOied that she thinks we nccd
to have the citizen input c.artier to proccct the citi7.CIIS as well as to proccct the developers so tbal eva)'ODC
knows wbeR we are coming from. everyone knows bow to shape !bell: plw and we have City Slaff' doing
an awful lot of shaping of !bell: plw and she said she is not ICleiq any citiml input. Ms. Cohn said that
when she looks at the illllelll pan of the SlatlllC OD PIF -of the Oldiaance -have several pans of
inlalt.. basically !boll: arc all fine illllellls. bul sbe said sbe does DOI -anything in here that provides for
public input. She said she would just ask the City Couacil 10 lake I look at this. not pass this ordiaaace
toaigbt bul to wait until the May 20*' date. nicll is her ......... of wbea they are aaually to pass iL
look at the islue of bow we arc going to bave c:itual ~at• earlier point in time. She said if you look
at P1F three public input is at the end. P1F -public input is at the end and P1F eight public input
is at the end. She noted that Englewood is a -ii -111111 we do DOI bave a lot of pieces of land that dais
is going to apply to and -need to rally look at bow --going to ilMJlvc the citizens ud allow them
-real input .
Mayor Bums advised that Council has alrady ldlodlaled ar public ..uags oa Cinderdla City, which
arc going to occur actually befOR the formalized City pnaa pnx:,eads. Two this moatb ud two next
month and those will be announced shortly. He said be lllillb Council can ask Slaff' to addras the
question Ms. Cohn raised. al the public bearing nm llley mike C0111111C111S iailially.
(c) Cheryl Hutchison. a --3FDI with Af'SCME for the Englewood Employees
Association. said she is here to talk again about the appals process !bat is going in and about the bearing
offia:r and what they have the rigbl to do at the bearing. She said that they 1111 loap bave die rigbt to
modify, which was sweet very well by Mr. BUCICber dais ~g. so she said she will not lake a whole loc
of time. But she said she does need to say !bat they feel the same way. that die bearing offia:r should have
the right to modify . She DOied tbal ifwc arc hiring c:ampelCDI bearing olfia:rs, which --of the
reasons that we went to this type of system. we have to giw the faith to the bearing offia:r that they will
do exactly what they arc hired to do and !bat is to find the rigbl -uc.
8.
(a) COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH UGUT JOSEPH a. IIAllTMAN'S LETTER 01' RESIGNATION l'ROM THE
CLEAN, GREEN AND PROUD COMMISSION •
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Motion carried.
(b)
coasideraL
Ayes: Council Members Halbaway, Vormittag, Wigins, Habenicbl,
Waggoner. Clapp, Burns
Nays: Nooe
A prodalDlfion declaring May 23, 1996 as Arbor Day in the City of Englewood was
COUNCR. MEMIIER HATHAWAY MOVED, AND ff WAS SECONDED, TO APPROVE A
PllOCLAMATION PROCLAIMING MAY 23, 1"6 AS ARBOR DAY IN THE CITY or
ENGLEWOOD.
Ayes:
Nays:
Motion carried.
Council Members Hadiaway, Vormittag, Wigins, Habenicht,
Waggoner, Clapp, Burns
Nooe
Mayor Bums presented the proclamation to the DireclOr of Pub and Recreation Jerrell Black.
(c) A proclamation supporting the re-naming of the greeoway along the South Plaltc River
through Arapahoe County as the Mary Carter Greenway was a>asidered.
COUNCR. UNANIMOUSLY MOVED AND SECONDED, TO APPROVE THE
PROCLAMATION SllPl'ORTING THE ~NAMING 01' TIIE GHENWAY ALONG THE
SOUTH PLATTE RIVER THROUGH ARAPAHOE COUNTY AS THE MARY CAll'nR
GREENWAY.
Mayor Burns commented dall Mary Caner was dedicMI IO dlis pnijecl alld llllfilrtimalcl pwed my
wbilc in office as the Mayor of Bow Mar.
Ayes: Council Members Hadaway, Vormittag, Wigins, Habenicbl,
Waggoner. Clapp, Burns
Nays: Nooe
(d) A procl•matioo declaring the week of May 12 duougb II, 1996 as Eoglewood Lions
Club Weck. in honor of the o,pnizarioo's.,.,. IIUIMl'lal)', was coasideral
COUNCR. MEMBER BATBAWA Y MOVED, AND ff WAS SECONDED, TO PROCLAIM THE
WEEK or MAY 12 THROUGH II AS ENGLEWOOD UONS CLO WOK.
Motion carried.
Ayes: Council Members Halbaway, Vormittag, Wigias, Habellicbl,
Waggoner, Clapp, Bums
Nays : Nooe
Mayor Bums noted be bas been allied to aacad their apec:ial lunch on the 7o*' anniwnary 811d the formal
praenratioo of the proclamation will-• dial lime.
(e) A proc:l•me«ion declariDa die week of May 12• duaup the I .. as Nalioaal Police
Week and May 15• as Pace Oliczn Memorial Day .
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COUNCIL MEMBER RA THAW A Y MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK or MAY 12 THROUGH II IN ENGLEWOOD AS NATIONAL POLICE WEEK AND
SPECWICALLY DESIGNATE MAY 15, 1"6 AS PEACE OfflCERS MEMORIAL DAY.
Motion carried.
Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht,
Waggoner, Clapp, Bums
Nays : None
Mayor Burns presented the proclamation to Division Chief Moore.
9. Pablic Huri•c
(a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON PROPOSED
AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO
PLANNED UNIT DEVELOPMENTS.
Ayes : Council Members Hathaway , Vonnittag. Wiggins. Habenicht,
Waggoner. Clapp. Bums
Nays : None
Motion carried and the public hearing opened.
All lCStimony was given under oath.
Ncighbomood Community Coordinator Graham. presented a proposal to amend the Englewood Municipal
Code by eliminating the PD provisions and adopting a new Planned Unit ~ dilUict. He stated
the proposed new PUD process would occur in three Slagel. An applicanl who pn,po15 to build a
signific;anl project will first contact Slaff with a description al the project. Slaff will give them an initial
response ol what provisions of Englewood policies. ordinances. desip llaDdards. and III ronh, apply.
After that. he stated. the developer can choose whcCbcr or not to make a significanl commillllelll al funds
by optioning the property or by paying for extensive engineering or an:hilCCIW'al designs . He advised that
in the next state or the process. the applicant would go ror the approval or a district plan. A district plan.
he noted. is a rezoning. unlike the current process and that is one or the main distinctions. He stated you
must meet the criteria ror a rezoning in order to get the approval al a district plan. And the district plan
becomes the benchmark 10 measure the rest or the process by . It establishes the land uses. establisbcs the
approximate locations or the major uses. the access poinlS. and a whole list or things that are specifically
listed in this ordinance. The third Slllgc is the site plan stage. At the site plan stage. you 'U be getting an
even greater level or detail . At that point, he stated. the developer has made a commitment to do all or the
design standards for the buildings. the building racadcs. the landscape plans. all of the survey work, and.
you 're looking at pretty much the full set or development plans. Mr. Graham noccd that the reason it
progrcssc:s this way is that it is intended to mirror what the developer has to do to develop a project. you
stan off with the concept, you get an initial buy-in lo the concepc and you go to the district plan. He stated
that if the Planning Commission. through public hearings. and City Council approve the district plans,
you can proceed with the site plan . Mr. Graham noted that ii is possible to take the district plan and the
site plan through concurrently, that they are two separalC decisions. You lad the approval al the land
uses first. then you get the approval of the specifics that are listed in the site plan. Consequcndy, he
explained. in the case or a project that wanted to be rut uadled. they would still handle it in the two pan
process. district plan. site plan • district plan level o{ details lint, site plan level or details DCXL He said
they think that this is the tool thal gives you significan& -about the kind al clevdapmeat. and the
quality ol deYdopment. in Engnood and dial this is the tool dial the Plaaain& Oneieioe wdl in
Older to evalualC the projects. Mr. Graham COIIUIICllled dial in J-,y they .._ ~ wida Ille
Planning Commission and submitted a clnft ol the ordinance and bad two hearings dial were cb'OCed to
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May 6, 1996
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discussing just the planned unit cleYdopment ordinance. He stated that they believe they have addreaed
all of the Commissions a,nccms and the Commission bas supported this bill with a unanimous wee of
approval, asking Council to aJlllidcr adopting this ordinance. Mr. Graham clarified thal a PUD pa you
two things, it describes a pn,cell where you get your land IIIC and your spec:ific site pwll approwed, and it
describes the submittal requiremenls. He added that it tells you what level of documenca&ion you .ml at
what stage in the proa:ss . He Sllled that they an: asking Council to take the public c c mmc..., and to
scbcdule a vote for May '1.0*'. to adopt this that would take dl'ect thiny days after publicalion
Mayor Burns asked Mr. Graham to address the queslion 1h11 Linda Cohn rmed earlier about wbCD public
input ocaus and wbcthcr ber pen:eplion that it's wry late in the pn,cess is aa:untc. Mr. Grwm opined
that there an: opportunities to take -public aJllllllalll if we wanted to iJllert ~ like that here.
He stated that be wanted to first addns where the public would have an opponunity to COIIIIIICllt in the
bi.II IS it is written . Mr. GnJwn explaiDad that al each lla,e of approval, be)'oad the pl'C1lluning llqe,
there is public input. that the Planning Commission bearings on the district plan would include an
opportunity for the public to m'iew the plam and comment in public bearing. He added that Council
approval of the district plan would also provide another opportunity and the Planning Commission phase
of the site plan and the Council phase of the site plan approval would be third and fourth opponunitics for
public comment. Mayor Bums noeed that that is a pretty normal proa:ss. Mr. Graham commented that
that is a significant amount of public comment. One question, he noced. that comes to mind is bow early
can you submit a conceptual plan for review when you ' re still working out whether or not they ' re meeting
the basic standards of the City, that it may be premature.
Mmaiier of Neighborhood and Business Daelopment Simpson noeed that be wanted to expand on this a
little bit. He stated that they really did wort towards a series of goals in the promulgation of this
ordinance . He assured Council that one of them. IIIOll certainly, was to ensure citi7.m input. He noted
that this is the first time they have beard Ms . Cohn's aJllllllalll and that is wry interesling to Slaff'. Mr.
SilllplOII advised that Slaff' feels that this is not only a _._ process, but that it acblally provides for
greaaa levels of opportunities to talk. becam you 're Ible to have a series of public bearings with the
Planning Commission and City Council. just IS you do today. on all the remnings. He opined that
because of the nature of PUD's thal you will have the opportunity to have the clevcloper really engage in a
public dialogue with the neighborboods on this. He said the only thing be might suggest is if there is
really significant COIICffll that wbal migbl help is thal there would pombly be an opportunity to provide
for slightly mon:: citizen input than you cumatly haw on anything -by requiring the clevcloper to talk
with the citizens or the neighborhoods that may be al'ected in advance of an accepcance of an application.
Mr. Simpson said you could call it a neigbborhood meeting. but that would really be quite a bit lllllR. and
that 's not unheard of. Responding to Mayor Bums. Mr. Simpson noted that it is not unheard of IS a
formalized process, that it would be an additional step above . He noted they were keeping it in line with
other similar processes here in Englewood. but that would be a pmsible option that Council could consider
on this. Council Member Habcoicbt asked where that would go. Council Member Waggoner said prior to
the district plan. Mr. Graham advised that Slaff' would be willing to wort out the details of the
notification ami and insen a provision into this document requiring a neighborhood notification meeting
if that's Council's wish .
Mayor Bums asked how other members of Council felt about this . Council Member Habcoicbt stated she
thought that would be good and Council Member Vormittag concumd. Council Member Wiggins stated
that what is going on is Slalldard operlling pn,cess and be did not ~ we were having a problem with
it.
Mayor Burns noted that the queslion addrewd the citi7.m iaput isale. and it migbl be somecbing Council
would like todo. He said the Hausina Audlarity isdoiq this right-on its planjlllt nonb of the amce .
Mr. Simpson said that ya they are and be commented thal in w ways wbal they are aagaring here is
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very similar to thal process. they aR holding Uiat naghborbood IIICIClillg on that block. 111d this would
mimlr tba1 kind ot direction. Council Member Habe11icbt said tba1 IIOUlldl 1111111 uc1 Mayor Bwm said be
thinks it is a 1111111 idea. Council Member Wagoner asked if it cauldll 't jull be c::zlled a public review
fOIWll, or somc:cbing like that. Mr. Simpson said perbapl a nagbborllood mee&ing, neigbborllood IIICIClillg
requimnenL
Mayor Bums said he had ano1bcr queslion about the site plan. He nolcd that he remrmbcred 1bcn: were
different levels of'rmew 111d asked ifit is swl'dr:laminllion of'baw far that needed to go . Mr. Graham
raponded tbal tbcrc --opportullilics for flexibility in the process. He noted thal if the Planning
Commission makes tbal decision. if Planning Commiaion decided ii-·, necaary for lbcm to review
the site p1an. they could nw the formal site plan review uc1 requat dial swr do thal pan of' the review.
City AIIOrDey 8w clarified dial the Planning Commieion CID make a recommenclacion to Council
to waiw the site plan review, Council aaually does the waiving of'tbe site plan Wider the aumit one.
Council Member Hathaway asked if the final decision lbcn would n::sl with Planning and l.oning after
they request that Council would waive ii. City AIIOrDey Brotzman said no. that if you waive Ille site plan
review . the site plan would then be reviewed by swr. Council Member Hathaway said oh. but only
internal.
Council Member Habenicht asked if tbcrc isn 't a public hearing process with that site plan revicw and if
that wouldn 'I be taking away anolbcr opporlUDity for the public to review that plan. Mr. Graham
answered that if you weal for the site plan waiver it would reduce the number of' times it went before the
public in a public bearing selting.
Mayor Bwm asked if it was anticipated that you may have occasiw wheR you ·u have a site plan thal is
so simple that it jull isn ·1 worth i;peadillg an awfid lot of'u-going through levels of' review . Mr.
Graham said yes. that they think the Planning Commisioa is in the polilion to make that kind of'
decision. Mayor Bums said. but tbal. as our City AIIOrDey said. would be a recommeadalion to Council.
Mr. Graham said yes. Mr. Simpson nolcd that Council is the final authority on tbal.
Mr. Simpson a>mmcnlcd that this is a tool meant to provide for City Council to able to review a variety of
different kinds of applications as they come forward O\'CI' tbe years. He noted tbcrc may be times when
you have a projca that is so significantly oomplcx that you're going to have to have all levels and not have
it concurrcnt. and have aU Ille public bearings poaiblc. ~. tbcrc may be times wbca you have a
very simple PUD ooming through in which ii will be your clcsirc to rally facilitate it bClc:aulc ii is
dcsinblc. but one tbal is simple and suaighl forward tbal you could waiw IOIIIC of' lbae OIICIOUS
requirements.
Council Member Habenicbl said she would be curious to"-bow many PUD's they expect to go
through the City in a year 's time . Mr. Graham said not very many, prubably a baadful. hWO, tbrcc. He
said he tboughl tbcrc have been thirty-nine PD's on the boob. 111d Ille lrigcr-differcnt lban it will be
for the PUD . He said pcrhapl thirty-nine in a doun years .
Council Member Habcaichl said she fdt she would ahways rather err on the fad of' havina to do ICJIIN'fbiag
a little bit routinely rather than to take the chaacc tbal it mipt precmpt tbe public's opportullity to
panicipate. She staled she would like to ICC tbal changed.
Council Member Hathaway conuncated tbal tllis will be oa a C11C by C11C basis anyway, ID you'd 111-,s
vocc on lbc right to waiw it.
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forward with the development community and the applicant to make sure that they arc very clear on
where we arc coming from .
Council Member Habenicht staled that maybe it would be vcry helpful to have a stalemclll like that at
various trigger points in this ordinance so that it is clear all the way through that thcrc is DOI some
approval that they have gained that means that it is toral approval . She said that might be a good
statement to place in a different ponion of it for that reason.
Mayor Bums staled that what he thinks Ms. Habcllicht is gelling aa a little bit is the concept of vested
rights. He said there have been some bills floating in the lcgislalure this season about that. He asked City
Auomcy Brotzman if that kind of legislation was passed. if it would sort of supcrimposc itself over this
ordinance. Mr. Brotzman advised that we have designed this to mesh with that legislation that is out
there.
Council Member Hathaway asked iflhcrc is a way to include that. though. as pan olthe original
language. perhaps in the wbcrcas(s). City Attorney Brotzman said sure . Ms. Hathaway said if lhcrc is
some way to state that City Council is the ultimalc: review body. because the wbcrcas(s) state that there is a
three-way process and all this review criteria. etc. but nowbcrc docs it say that City Council has the final
word. Council Member Habenicht stated that is a good idea.
Mr. Graham advised that they can add that in time for the May 20111 bearing, if they accept that .
Mayor Bums said be thinks that is a little different issue than the vested rights. He said he is DOI sure
what legislation finally got passed up there. but he asked where the vested rights commonly kick in. City
Attorney Brownan answered that there were scvcral bills. one of tbosc: basically said that as soon as you
pass it thou shalt DOI lake away . Mayor Bums asked City Attorney Brownan if he was talking about the
Council. Mr. Brotzman said yes. once the Council passes it. Mr. Brotzman said there was another oac
that basically affected our reversion clause and we actually modified our rcversioa clause. He said he is
DOI sure where that bill is. Council Member Hathaway said that she docs DOI think it has passed. Mr.
Brownan said we had a two year reversion clause and that required a three year reversion clause so we
substituted a three year reversion clause to mesh with the State lcgislation.
Mayor Bums said okay. but he wanted to emphasize that Council action is what really triggers it.
Council Member Habenicht staled that in the next statement it says that the PUD District plan. ""the
Planning and Zoning Commission shall make a rccommcndation to City Council for final action." She
asked if that means that something won't son of end in Planning and Zoning at any time. that they have
to move it forward . She said if it isn't in the PD right now that something could just son of DOI be passcd
forward by Planning and Zoning and so it would just die there and Council would DOI have to deal with it
She asked if this is now something clifrcrcot .
Mr. Graham said it is mandatory unless an applicant withclRw their application. the Planning and Zoning
Commission would need to Rmmmcnd either for City Council approval or against it.
Mayor Bums asked if they recommend against the applicant iflhey could advaDcc to the Council . Mr.
Graham said yes a project can advance even with a ncptive l'CICOIIIIIICII from the Planning
Commission.
Council Member Hathaway said 1h11 this would require that even widl a neptM rrmmmcodllioa flam
Planning and Zoning that it c::omcs to Council anyway .
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EqlewlNNI City C•ncil
May 6, 1'96
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Mr. Graham said no, be thought they could Slop the process II tblll poinl
Mayor Bums said be did IIOl lhink you could fora: an ,ipplicul IO a,nlinue IO appeal apiml their will.
Council Member Habenicht said lhen sbouldn 'I tblll word be may illSICad of shall. City Aaomcy said no ,
111111 you want the process from the City side IO sball. the applicant always bas the right not IO. They cu
always wilhdnw on their side. but you want the City to be fon:ed to process Ibis. And. be said, this is
what this does, is ii f'orc:es the process to go fornnl.
Mr. SimplOII said lbal Pluaiag and Zoning amls to act as a fact fiading body for Council . He explained
this is so lbal wbedlCI' they make a aeplM dellial or 8flPIUYII Council will have the Findings al Fact if
and when an applicanl COlllimlcs bwanl.
Council Member Clapp said she is llill a lialc Clllllfiacl as IO wbcre the public iDpul C10111es in. Sbe said as
she rads on page dus.. -dlnJu&b four. the oaly put wbcrc she sees public input would be
neigbborbood orpoizations on four. She said ii kind cl seems like that sbould be defined a little bit
clearer and lbal should maybe come up~ l1WO and duec.
Mr. Simpmn said he thought 111111 is what they were talking about earlier, 111111 based on Ms. C.olm's
aJIIUIICIIIS they would wort IO illCOIJIC)llllC a neigbborbood llleeliag requirement ialO this early prc-
applicalioo ponion. He explained lhal what Ibey would do is prior IO the City accepling an applicalion of
a PUD . the deYeloper would prubably be RlqUiral to bold a neigbborbood meeting and find OUl lbal public
illpul. He said as Council Member Hathaway bad meDCiooed, it would be kind of a a,ncepcual staF-He
said 111111 is somedaing Ibey will pul in here, ii is IIOI in there IODight.
Council Member Clapp lllbd why the deYeloper would do dlll. Mr. Simpmn adviml lbal City Slaff' will
be in lllnllllecr to take and liseen to lbal input. but ii is ping IO be the requiW dial dial cbdopa'
prCSCDl the conc:qll. if you will.
Council Member Habenicht lllbd iflhey would sort cl pay for il
Council Member Hathaway said yes, it would be on their money, illSICad cl ours 11111111 poilll. because
Ibey have 1101 e\'CII applied 10 us al that point IO proceed further with the development.
Mr. SimplOII said lhat in a ral simple way you could look al ii as p,iag out into the neigbborbood. staff
would make sure lhat a proper l'IOlificalion oa:umd in acconlance with cvaylhing die lhal bu been put
into place io this clocumenl He said from lhat notific:#ion the deYeloper amls IO say this is what I am
proposing in your neigllbortlood. lbal they WIDI to do a raoniag and this is Mil it is p,iog to be. He said
the neigbborbood cu lhen say we lillc ii or we think you si-ld cbaqe ii or we think you DCCCI to go
away . Mr. Simpmn said staff will bear dial illpul and die developer will have 111111 opponuaity al 1ba1
time 10 say 111111 lhis is p,ing to be a tough baalc and I will go away or I think I cu ~ to their
requiranents or cvaylhing is wonderful and we'll make a Dic:c lialc family out of this neighborbood. He
said it is an opponunity to find out lhal input II a ¥erY early ... He said Ibey did IIOI include it as they
did IIOl lhink about lbat. lhat Ibey were keeping ii ¥erY much uniform with the cunem procellCS we have
today .
Mayor Bums fdl 111111 we sbould IIOI lolc sigbl cl the fact lbal tbr illllUcc: this onlinance requires the
Pluaing and Zoaiag Commision to formally ClDDlider the dillrict plan II a public beariq and anytime
you have a public bearing you have citizen input. He added tlllll wben you have dlcle mecliltp bdbn: the
Pluaing and z.ooing Commision and City Council Ibey are always llllljec:l to cilizien i11p111. dial is why
Ibey are public bearings .
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Ea&tewoad City C011acil
May6, 19"
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Council Member Habenicht asked if this kind of PUD. like a half acre or more. would be coasidcred in an
R-1-A zone for example. Mr. Graham advised that this ordinance cloan 't mallc any djmoaioas betwn
any of the ordinances. He said that you can build R-1-A type PUD's and request that that go into an R-1-
A neigbborbood. He pointed out that what you have to coasicler is tbat it sli11 bas to meet all of the
requirements for rezoning and typically lboe are tbinp like a najor cbuF in the infrastructure, change
in adjacent land use and other najor cbuFs to the City are slill the ailaia for adopling any rezoning.
He stated it is this ordinance • a 2IODC dislricl and all of the iq,•latioas tbat pan any raoning,
together, tbat make up the PUD procas.
Council Member Habeaic:bl lllted dial ...... is givillg bcr -ClOIICICrD and imybc sbe just 1-.15 to be
reassured, is tbat on pqe tine when it says pcrmillllld -. die PUD dilll'ic:t plan sllall permit any use
which is a permitted 111e in any 210DC dislric:I of lllc City. Mr. SiJlll*lll llaled dial the goal rcally a,mes
down to again tbat this is mealll to allow the City of Eaglcwoad die appllllllllity to review applic:alioos as
they a,me forward . He said be does not belic\'C any of us are so omnipalenc dial -~ wbal is going to
happen in the next 30 to 50 years. He said ~ may be housing types. housing opportunities or
commerc:ial types or commerc:ial opportunities out theR that may be enlirdy appn,priale but this piece of
legislation allows is the opportunity to make that request. He said -don't have to appruw: a request but
it allows some person to make a request. to (XJIIIC forward to say I have an idea and whedlcr it is R-1-A or
8-2 or an 1-1 is not the point. What it is. he poinlcd out. is you can come forward with an idea for a land
use at a localion that may not have been permitted olberwise in our zoning ordinance. He said it allows
for Ocxibility and creativity, but again it only allows that flexibility within the COIIICXt of the public review
process. citizen input and finally Council review . He c:ommemm thal theR are many. many, many
safeguards and -have put anolber one into place tonight. He said be feels rally confident that Council
is going to have that public review ability.
Mr. Graham said be wanted to add to that that typic:ally what you thim about in this process is that it
pes you the tools to address your aJIICICnlS. He Sllled it pa the PluniDg Commission a cbaDcc to
recognize a polmlial impact and to request that the dcvdopcr respond to that impact by designing -
son of mitigation strategy. Mr. Graham DOied that -do not cum:ady have this kind of IOOI on the books
to give them the ability to say tbat no -think that impacts IOO much. -need to add this kind of falure
to the projed to mitigate that impact.
Council Member Habenicht said that sbe still bas a little: bit of a,nccm if-are oaly cxpccting to see two
or tine of these a,mc through a year and if for example anething might come through on an R-1-A
Disuicl. She advised that -bad a lot of conc:ems with cbuFs they were uying to make theR and the
people were rally coming forward and sometimes it talics lime for the people to c:atcb on that ..,......bing
is happening. She commenlcd that the word doesn't set around CYCD though -try it four and five times
and dill'ereal ways. Ms. Habeaic:bl said sbe pmes sbe would still like to keep that process go one. two.
tine and that sile plan might be llllllldbing that -give aathorizalion somcwherc down the line for -
City Council to write a blank c:bcck when it might be something that the community might waat to a,me
back and look at. She said she would like to see tbal site plan just have to go through each lime.
Mayor Bums stated that be does not agRC. He said be thims that -have enough Ocxibility in .._. He
saidbetbougbthc_in.._earlierdlerequimaealsforthe-.lzoaingcbanae.likethecbuF
ciraimstances and c:ompliance with ClllllplmensiYC plan and those sons of things. Mr. SimplOll said that
ailaia is Id forth within die staDdanls thal apply to all raoainp and it is in die very beginnina of thal
Cbaplcr. Mayor Buras said that dlen in other wocda you would have to make dlOlc sbowiDp bdbre you
would Fl any cbuF of zoning me. Mr. ~ said that will be put of die Fiadiqs of Fact. Mayor
Buras IIIUd if the Findings of Fact is requiled by the Plwiill& Commillion and if it is in this onlinaDce.
Mr. Simplon said yes .
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Ea&lewood City Council
Mayti, 1996
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Council Member Waggoner said be wanted to follow through a litdc bit with Council Member
Habcnicbt' s conc:em on page three. pangnph cl. permitted uses. He said if be is reading this a>nectly
this would allow for a dc\'dopcr to pwdmc five. six. scvm or eight homes in the R-1-A district and if
C\/Crything were approved by City Council, to place on those lOIS a litdc shopping complex. He asked if
tbat is comet. Mr. Simpson 5laled yes. the potential is ccrtainly ~-But. be said be wanted to offer the
alternative view. because be said be feels it is necessary to coasidcr. He explained tbat if me or six bomes
were bought the potential is also lberc to c:reate something tbat is rcsidauial in chancier, as it would meet
the c:oosistcocy iequimncat with the comprdlcnsive plan tbat may have ocberwilc not bcCD pcnaillal or
tbat WC have DOl c:onsidcred today and tbat may \'Cl)' well fit bcaulifully inlo tbal ncipborboocl He said
be thinks what Mr. Waggoner is describing would mc;n: likely be called a spot zoning and would tberdorc
DOl be permitted and ccrtainly DOl recommended by Slaff. Council Member Wagoner said but tbesc wise
old owls sitting up here c:ould clcfinitcly appnM iL Mr. Simp11111 said that is why they OOUlll oa Council
so scrongly. because they arc wise.
Mayor Bums DOlcd tbat they still haven 't allowed any input by the citizens in this hearing.
Council Member Clapp said she bas one ocher quick question . She asked if there is a potential oa that
particular one to open up the door to a lot of zoning varianQCS coming before Council. Mr. Graham said
he wanted to say first off that a variance is a vc,y specific term as it is used related to zoning, which is
conceptually different than rezoning. He asked Ms. Clapp if the question she is asking is if this opens up
the door to many rczonings. Ms. Clapp said yes. Mr. Graham said he thinks this would be staff's
prcfcrrcd :zone district in any instance al a vc,y complex request because it gives them more tools to
address conccms than any of the ocher zone districts on the books. He said that is to say they get to sec
more of the information in a more prcdictablc way. He advised tbal lberc haven't bcCD \'CIY many
rczonings in Englewood since the Qllfflll map -adoplcd and because Englewood is larJdy built out be
said be docs DOl foresee a lol al rezoning ~ in the lulurc. He said lberc arc a couple al sipificant
sites tbat we arc all awan: of. some made available by Santa Fe c:oosuuction. the Cinderella City site, and
pOlClllially some oa South Broadway . He noted lulc sites. several acres would be the most likely
candidates for PUD zoning and people that arc currcndy building duplexes would -go through this
process. it is a 1o1 al wen.
Mr. Simpson said 10 funhcr discuss that just a linlc bit, be said be agrees with C\/Crything Mr. Graham
said. He noted this allows the City of Englewood the ability to deal with a variety of complex issues in a
much more thoughtful, a>ffi!>rchcnsiVC manner . He said to address Ms. Clapp's issue directly. that it will
be very OOSlly and time consuming for the average developer to aJ111C through with this process and it will
be very unlikely to sec that many . Unless. he added. this can be applied to the difficult issues that arc out
lberc. Mr. Simpson said they feel lberc arc some difficult issues and properties localed within Englewood
and that Council will sec some al them over the IICXI few years. Certainly. be noted. Cindcrclla City
comes to mind right off. but tbal is DOl the only one . He said you have reclcvelopmcnt potcatial along
South Santa Fe that is going to continue to be a neccaary ua to focus on and to consider. He said wc arc
currcntJy consiclcring South Bioadway. He COIIIIIICllled tbal ~maybe some real opportunities to 111C
some of this crealive ability to look • land IIIC along tllal llreldt. Mr. SimplOll s&IICd lberc will be a
development opportunity at Gcocral Iron someday and be IIIMll lbcy bclicve it may have a real application
lberc. He said they just believe thal it will DOl be applied in a haphuanl manner, but rcally rather focused
toward those areas that arc moll in need al focusing on thoe a,mplex issues .
Council Member Habenicht asked what would be the tigblat time frame thal IC)!l!Cfbing c:ould be wodlcd
through this pl'l)QCII. from the point al filing the applicalion. when: they pay the rec. to final approval.
Mr. Graham explained thal lberc arc two scenuiol. the couec:utive, sequential proccss and a c:oacumnt
process. He said gi\'Cn Council's CWTCDI requirements for ~g a public bearing and the pilblicllion
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En&lewood City Council
May6, 1996
Pace 15
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requirements it takes about six months lo get through a Council process. He swcd they SWted in January
with this in front of the Planning Commission and the earliest this can be affective if Council accepts the
May 20• is June 20111 approximaldy. He said the same process is nca:ssary for a rcmning. So be said.
right now ii will take six months if it is CODCWTCDI and lwic:c lhal amount of lime if it is amseculive. Mr.
Graham advised lhal the other clement lo add is ii depends a IOI in the dcvdopmcnl process on how
responsive the developer is to staff comments and bow long Slaff takes to respond. He said assuming a
pretty optimum response of a couple weeks for Slaff to respond, a couple weeks for the engineer arcbileds
or dcvdopcr to respond. and if you have 10 go through veiy many cycles of lhal. you add months IO the
process.
Council Member Habenicht said 1h31 the olbcr question she has is with running the district and the site
plan process concuncnlly. She asked if it is uuc that you aJUld ha\'C a hypolbclical situalion that you
could have public input jUSI OD the clislricl plan and but DOI OD the site plan. Mr. Graham n::sponded DO,
lhal a,ooeplllally yoll would lake CDIDIIICDl5 OD the cli5lriCI plan and comments OD the site plan al the
Planning Commission meeting and the Council meeting. So lhal you would. be said. be taking comments
OD IWO separate issues. and they would separately and you would VOIC separately. Council Member
Habenicht questioned whclbcr Council aJUld opt 10 say that they do DOI want to take site plan oommcnts.
Mr. Simpson said no . Ms. Habenicht asked if that is going to be a Slaff thing. Mr. Simpson and Mr.
Graham said no. Ms. Habenicht asked if the site plan thing will only kick in if it is sequential, DOI if ii is
a,ncurrcnt. Mr. Graham said be thinks what Ms . Habenicht is asking is if the Planning Commission can
review a site plan and a district plan at their first meeting and m:ommcnd that Council waive the site plan
review, lbcn Council would only take a,mmcnts on the diSlriCI plan. He said that if Council aa:cptcd
their recommendation 10 waive the site plan. they a,uld ccnainly do that. Mayor Bums oommcnlcd lhal
before Council would make a dctcnnination whether 10 waive ii Council would have an opponunity for
public a,mmcnt. Mr. Simpson said that is cornet.
Mayor Bums asked if there were any ocher questions ol staff al this point. Being none be asked if anyone
in the audience wished to comment fiarthcr. Mayor Bums explained that this is an open public hearing
and the purpose is to solicit citizen comments. in addition lo Slaff COIIIIDCDIS .
Harold Cclva. Director of the Englewood Downtown Dcvclopmcnt Authority. said be has a qUCSlion and
one suggestion. The question. he said. is regarding the public input. He said be goes very much along
Ms. Cohn's a,mmcnts on that. He opined that ii is well and good lo have the public input. Mr. Cdva
nolcd that we have here somewhat of a nebulous, undefined process for public notification. The DRT, be
said. is also responsible for rcfcnals as appropriate. He staled lhal he thinks the PD ordinance that is to
be repealed. and the PUD ordinances in other local jurisdictions. ha\'C posting. He said he thinks lhal is
one additional fonn of public notificalion. wbcrc the propcny is posted for a specific number of days prior
to a public hearing. He said he docs not sec that. Mayor Bums asked if that was CUI out of this ordinance.
Mr . Graham said that requirement a,mes out oC the rcmning requirements rather than this specific
district requirement. so it would still be a rcquiJemcnl.
Mr. Celva said his other suggestion is he would like 10 sec somedaing in the verbiage. wbcrc they arc
talking about spccilics of the buildings. such as OD page ten puagrapb F. wbcrc they arc talked about
gross floor areas. finished floor elevations. heights, etc. be would like 10 sec some more delail in relation
10 building materials if possible.
Mayor Bums asked if lhcrc was anyone dsc that wished lo speak.
Council Member Vonninag asked if they a,uld add IODICthing like lhal into this. Mayor Bums llid he
did DOI koow if ii is approprialC IO pul building materials into MIii is CSSCDlially a 7.0Diq ordinance. Mr.
Simpson advised lhal in all llCIUality they believe they ha\'C addrelled lhaL OD ilem q they ditcu-s odier
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Eapwood City Cwllcil
May 6, 19'6 ... ,
clements such as archileCIUlal conc:epcs. building elevalioas. facade tJalmcDls, exterior building lllllaials
as .-ry 10 emblish bow the propwd PUD ud ID oa. He said it is their goal ud expeclatioa tbal
with the PUD Council ~ haw the oppodUllity to review dlllle clclilal kinds 1:4 qualities 1:4 w1lln
clcsip. He said it is a ~ tbiDg with bim allO aad ID be ~ be certain tbal tbal .wJc1 be aiming
fonward.
Council Member Habenicbl asud if the City Anoney c:aa ldl Council wbae the c:larificllioa 1:4 dial
posting ootific:ation is. City Aaorncy BRIIZmall adYilm 111M dial will be at the beginning l:4the maiDg
ordinance, it is in the Comprebcmiw: z-in& Onliawe, Tide 16. Ms. fflbmicbt said then that is DDt
being repealed in any way. Mr. Bniumaa said •. Ms. ffllleaicllt awwneed then lhat -it will be
required oo any PUD . City Aaorncy BRIIZmall said rigllt or oo any pablic beariDg oo any la.Oiling.
Mr. Sinlploo said as they ...a earlier there is a iaia l:4&adiap that haw 10 be made. but in addition to
that there is • pruce11 lhal is oudined tbal polliDg. aacific:llioa ud that is all in place ud has llllt been
adjulll:d with this.
There -no one dsc present to speak to the issue .
COUNCll. MDDER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUaUC IIL\IUNG TO GATIRR CITIZEN INPUT ON PllOPOSED AMENDMENTS TO THE
COMPUIUNSIVE ZONING ORDINANCE ULA11VE TO PLANNED UNIT
DEVELOPMENTS.
Ayes : Council Members Hadlaway, Vonaiaag. Wigins, Habeaicllt,
Wagoner, <llpp. Bins
Nays : N«-
Motioo c:anied ud the public bearing claNd.
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COUNCll. MEDER HATHAWAY MOVED, AND rr WAS SECONDU, TO APl'llOVE
CONSENT AGENDA ITEMS It (a) (I). (i) • (ii) ON flllST aEADING.
(a) Appl'O\'e oo Fint Reading
(i) COUNCll. Bn.L NO . 24, IH11l0DUCED BY COUNCll. MEMBER
HATIIAWAY
A BILL FOR .AN ORDINANCE AUTHORIZING .AN INl'EROOVERNMENTAL AORl!EMElff
BETWEEN 11iE UNl11:D STATES DEPARTMEm' OF 11iE INl'ERIOR GEOLOGICAL SURVEY
AND 11iE CITY OF ENGLEWOOD . COLORADO ENTJ1l.ED "DEPARTMENI' OF 11iE INl'ERIOR
GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES
INVESTIGA 110NS. •
(ii) CONnACT Willi FARIS MAOIINERY COMPANY IN 11iE AMOUNT
OF S68,7IO .OO FOR PURCHASE OF A S11tEET SWEEPER.
(iii) COUNCll. Bn.L NO. 27, IH11lODUCED BY COUNcn. MEMBER
HATIIAWAY
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E•&lewood City Coaac:il
May 6, 1996
Pa&el7
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A BILL FOR AN ORDINANCE AuntORIZING AN Dffl!JlOOVERNMEm'AL AGREEMENT
BETWEEN nm CITY OF TIIORNroN, COLORADO AND nm CITY OF ENGLEWOOD,
COLORADO FOR AN EXOIANGE OF 1llE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES
TO 1llE CITY OF 1HORNTON IN llE1lJRN FOR SANMAL T, HOT MIXED ASPHALT, OR
CRUSHED AOOREGA~ MA'IBUALS .
Voteraala:
Ayes :
Nays :
Motion carried.
Couacil Mcmbal Hadaway, Vormiaag, Wigim. Habenic:bl,
w...,..., Clapp, Bur1II
N«-
COUNCll. MEMBER BA111AWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS II (It) (I) aN(li) ON SECOND READING.
(b) Approye on Secoad Reading
(i) ORDINANCE NO . 17, SERIES OF 1996 (COUNCll. Bn.L NO. 13,
INTRODUCED BY COUNCll. MEMBER HA1HA WAY)
AN ORDINANCE APPROVING 1llE RENEWAL OF AN Dffl!JlOOVERNMENT AL AGREEMENT
BETWEEN nm CITY OF ENGLEWOOD. COLORADO AND 1llE CITY OF SHERIDAN,
COLORADO WHEREBY ENGLEWOOD Wn.L PROVIDE nm CITY OF SHERIDAN WJ11{
VEHia.E MAIN'IENANCE .
(ii) ORDINANCE NO. II. SERIES OF 1996 (COUNCn. 81U.. NO. 14,
INTRODUCED BY COUNCIL MEMBER HA1HAWA Y)
AN ORDINANCE APPROVING 1llE RENEWAL OF AN Dffl!JlOOYERNMENT AL AGREEMEJiff
BETWEEN nm CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD PUBLIC S0100LS
WHEREBY nm CITY OF ENGLEWOOD Wn.L PROVIDE nm ENGLEWOOD PUBLIC SCHOOL'S
WJ11{ VEHia.E MAINTI::NANCE .
Ayes : Couacil Members Hadaway, Voraiaaa, Wigim. Habeaicbt.
Wagoner, Clapp, Bur1II
Nays: N«-
Molion carried.
11 . Ol"llillwa, R111I lielll ail Maiem
(a) Approye on Finl Reading
(i) Direc:lar Fonda plelellllld a 19CI 1 Siew 6-die DlputW afUtililia
so approve, by mouon. a mDdard aareemcns wi:11 eamp, o.--a McKee. 1ac. for 121111y, 11P01t, ....
jNafalioaal design. biddiD&. ud CDIIISrUCtioa arvicel for die Allea ,. ... ,,_ lapro, tr He llid
tbey aR fflClOIDmending tbe conuacs and, altbouah £11i1 ... Olll die clllip Md CIIIIISnlClioa m I
lllil only --tbe pn:limilllly en,iaeerina delip palliclll af die clllip. He ...... lie lie daiD& dial
bec:aue there aR .-.al proc:ellel dial :be eqimer will eYllume .... dlea lie will ~. CXlllbacS
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Enclewood City C1N1ncil
May6, 1996
Pa,:e 18
for the remainder of the engineering work. after we know what process we are going to choose. Which,
he opined, is a more efficient way of doing it.
Mayor Burns concluded that means we are not doing construction services or that son of thing. Mr.
Fonda said no, but that they have set up the contract to cover the whole thing so they can just go back and
fill in the appropriate negotiated prices later.
Council Member Waggoner said he is not sure whether it is appropriate to Slick it in the contract
somewhere, but be asked that Mr. Fonda please make sure that the engineer addJesses taste and odor
problems that we have had with our water. Director Fonda noted that be thinks the processes that we are
looking at should greatly improve them and that we are also going to be evaluating a potentially different
filter material. He said if those look feasible they will be back to Council to let them know what the trade
offs are. Mr. Fonda assured Council Member Waggoner that they are looking at that dwing the
preliminary design ponion. Mr. Waggoner commented that be gcU more calls on the taste and odor than
be does on giardia or cryptospordium.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A
STANDARD AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. FOR STUDY, REPORT,
AND PRORSSIONAL DESIGN, BmDING AND CONSTRUCTION SERVICES FOR THE
ALLEN FILTER PLANT IMPROVEMENTS.
Motion carried.
Ayes : Council Members Hathaway, Vonnittag. Wiggins, Habenicht,
Waggoner. Clapp. Burns
Nays: None
(ii) City Labor Counsel Semple presented a recommendation from the Department
of Administrative Services to adopt a bill for an ordinance ding fonh procedwes to appoint bearing
officers and rqulations for review by the hearing officers. He said this ordinance bas been presented I()
Council is a result of amendments to the Chaner that were i--by the voters on November 7, I 99S .
ADmg other things that repealed the Career Service Baanl and the audlority tbal the Career Service
Baan1 bad with regard to disciplinary bearings. The reviled Cbaner provision requires the City Council
to appoint bearing officers with binding authority to bear disciplinary appeals and also llllhoriz.es the
Council to set up the SWldanls for review and the authority ol the bearing officer in tbose inllanc:a. He
said tbere are a number of items that he would briefly like to touch on. panicularty to rapood to the
comments that were made by Mr. Buescher on behalf ol the Police Benefit Association. First of all, he
advised. the 138 : 3 (b) of the Chaner sets out the Slandarcls and authoriz.ation for the action that be just
referenced. And sec::ond. he noted, that the framcwort for this panicular ordinance is what in fact was
changed in the Chaner itself and there were two major chan1e5 in the Chaner. Mr. Semple explained
that otlC was for binding arbitration in interesl issues in the collective bargaining process and it provided
thal the arbitrator would have to c1-between the City position and the union position . He corntDCDtcd
thal there would be no modification. no authorization to modify either one of tbose positions. And, be
said. consisrcnt with that the second major change that went with it was to eliminate the Career Service
Board. and the authority of the Career Service Board. and have hearing officers appointed by the Council
to deal with disciplinary issues. He pointed out that the section that was changed was not the secliOD tbal
was referenced by Mr. Buescher, the just cause saandard. He said tbal just cause saandard is still in affect.
it was unchanged. He advised thal what did change. and he said apparently be did not review it for one
reason or anodler. but it is referenced in the communicalion to Council from Ms. Buthlome. is wua -
138:4 b olthe old Chaner. He Slated that spccifically the Cbancr ~ authority to the Career Service
Board even wbcn it found just cause to modify the discipline. Mr. Semple advised tbal that -abolisbed
by a voce olthe people on November 7, 199S . He said be thinks tbal-the poilll tbal-madc and be
referenced it in the letter that Mr. Semple sent to him on behalf of the City . TIW the proposals be bad
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rcferena:d as amending the original draft. that we took into aa:ount just aboul everything that he had
n:qUCSlcd, but did uut think it was approprialc to include in an ordinance something that had been
abolished by a VOie of the people. the modification provision. and that is the main Slalldard. He said be
thinks there a couple of other items that need to be addressed. One be said is like a good advocate but
whatever, be gave Council an cxtrcmc example that could not oa:ur under the ordinance that has been
drafted and presented to Council tonight. Bccausc. be said. one of the changes that was made, and it was
the intention of the original draft but it was clarified much more precisely in the revision, was done as a
result of the comments that be made and is in section B I of the ordinance itself. It specifics. he said, that
the appointing authority has to do a number of things in the notice of discipline. among other things it
says is must specify the ofl'cnscs in EMC § J-IM-4 wbicb is or arc the basis for discipline. He stated that
that section of the c:ode is unchanged also and it lays out is what COllllitutes just cause. In fact, be said,
just cause is defined in the c:ode itself and tbcrc is a list of specific disciplinary infractions that constitute
cause for termination. He noted that what is specified bcrc is tbal it is not enough for the appointing
authority to dream something up and say bey I didn't -a scat bell we're going to fire him for that or
because that is in combination with something else. Mr. Semple noted that under that section of the c:ode
you could not fire somebody for not wearing a scat bell that's just an example of it. 'There arc very
specific, rather insignificant infractions specified in there. he pointed out. He explained that there arc a
whole series of procedures in the c:ode itself that continue in effect and that have to be read in combination
with this. He stated that EMC§ J-IM-5 says that before discipline can be taken there has to be a meeting
with the employee, the employee has to be given the .-.s, an investigation has to occur and all of the
factual information has to be made available to the employee even before any action can be taken. He
stated that EMC§ J-IM-6 lays out a set ofproccdurcs for comctive action. even before discipline is
taken. and EMC § 3-1 M· 7 lays out the procedures when disciplinary action has to be taken. So, be
commented. the concept that he talked about of progressive discipline is already built into the code and
continues in alrcct. All of those sections. he noccd. have not been changed by this. He stated that bottom
line on this is that the ordinance is a balanced ordinance in view of the changes that were made by the
voters in November. He reiterated that the revision is based on the comments that Mr. Buescher presented
on behalf of the Police Association. and it specifics tbal if the bearing officer finds that the specific cause
that has to compo,t with the srandards that arc laid out in EMC§ 3-IM-4. that if one of those grounds for
termination is found then the action of the appoiming authority has to be upbcld. 'The other chute that
was made was that if in fact the bearing officer finds tbal one of those puunds was not present which be
said is a standard for tennination. then the discipline has to be n:vened and tbcrc would not be a
modification either way . Mr. Semple stated that it is in line with what you find in binding aibilrllioo in
the other section of the Charter and we think it is fair, that it is consistent all of the procedural due
process rights arc still in place, the just cause standanl is in place and the authority of the bearing officer
is consistent with what was put into the Charter in November.
Council Member Habenicht queslioncd wbctbcr it would have made any sense to have done a Charter
amendment that would have precluded the Career Service and to have left the modification language in
tbcrc. Attorney Semple said not the way the Charter changes came about in this illllallOC. bcc:aulc the
balance in it was that tbcrc wu going to be binding aibitration for impusc issues and tbcrc would be a
binding bearing officer. But. he said, the whole point WU tbal both of those individuals would have a
specific: lianctioa which was to make findings. but the notion of exercising the discn:tion tbal the City or
managemc:nl has to exercise. that that's a function that remains with the City and with management not
with the bearing officer.
Council Member Habenicht stated that her recollection, and she asked for City Attorney Brotzman's belp
with this, wu that when the vocc went to verify to keep modification in tbcrc. when it was with the Career
Service Authority, was something lakcn very separately and apan in terms of wbcrc the people actually
voted to suppon modification. City Attorney Brotzman said that is right. Ms. Habenicht said she was
wondering if it was indeed the intention of the people. when we were changing the Career Service Board
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May 6, 1996
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because we are replacing ii widl something, and she assumed dial maybe Ibey were thinking dial we were
going 10 rq,lace ii widl something oompanble. Attorney Semple said be can '1 really rcspood IO dial ocher
than 10 say dial thc: revisions dial -made -clearly disallled by all thc: panics dial -ill\'Ol-1.
He SlalCd dial be knows dial from thc: Ci1y 's point oCthc: view dial iaue was one tbal -fairly
significanl. because ii bad been publicly disallled quile a number o( times. C\'CII before thc: final version
came down .
Council Member Habenicht said thc: ocher question dial she bas. in ICnDS o( thc: commenlS tbal were made
c:arlicr, was bow many cliffCfflll jurisdictions have a bearing officer 11111 do modificalioo? She asked if
dial is consistent. is lbat often dooe or is that not often dooe? Mr. Semple advised dial ii wries, and be
felt. widl all due respect. dial Mr. Buescher's comment was -,what overly broad. He said there are
jurisdic:tions in thc: metropOlitan area dial do not allow for modific:alion in c:onnection widl actions such as
Ibis where you have hearing officers, dial thc: hearing officers simply don '1 have dial kind of authority.
He advised dial whal Ibey have authority IO do is make findings of fact and thosc are usually binding OD
either thc: city c:ounc:il , civil service board or whaicver it might be:. But. he: added. the: notion that hearing
officers have authority IO modify discipline is not cspec:ially common in this process .
Council Member Habenicht said thc:n the: scenario widl the: seal bell is not at all possible widl the: way this
is writlen now . Mr. Semple said no, thal it is just not a standard that would be: applicable under the: code
provisions.
Mayor Bums said dial was one of his c:ona:ms that you could essentially load up the: number of
complaints and have one dial was rather illJIOCIIOIIS. thinking if you lost the: others you could slill severely
discipline on the: remaining one. Mr. Semple answered dial the: way EMC§ -3-18 is written is dial for
each offense. lets say there are four offenses. the: appointing authority is going IO have IO specify for each
one of those offenses what the: discipline is. So be said. let's say if one is drugs they say dial would
conslitule termination and the ocher one is -safety violation and Ibey say dial comlilUICS termination.
So dial each one specifies dial either. here's thc: discipline for dial or else say for all four lumped IOplher
here's what the disciplinary action is. He said in dial case you would have IO prove all four in order IO
susrain the: disciplinary action, if you lumped it IOplher. Citing the example Mr. Buescber gave o(theft
and a safety violation of not having a seal belt. be said if the appointing authority simply said for thosc
two the guy is fired . He said be thinks the problem you would run into trying IO prove it is if one o( them
isn't present then half the: cause dial you are trying IO justify isn't pramt and you would have IO rdalC
each one of them back to the: sections of the: code. He SlalCd you are not going IO be: able IO relalC thc: seal
bell violation to one and four as the: grounds for lerminalion. it 's just not present
Council Member Vonninag said let's go down IO f. right below dial one where you can lake it IO a judge
and a judge can juslify it. where be wu talking on 11 e here widl a seat belt and a theft. He said if he: was
found innoa:nt of the: theft. and from what he was saying he: would still be: fired, and if he took it IO f, to a
judge. then he asked if it is right dial the judge wouJdn 't say he would be: fired over a seat belt. Mr.
Semple said the: standard there would be if he: was able IO show dial the: standards within the code itself
bad not been met. namely the: seat belt. Mr. Vormiuag CXIIIUIICl1ted dial he: felt dial is their way out. right
there, of the: whole dling. He said if Ibey can go IO a judge and the judge can go one step further and be
could solve the problem. if the guy wu found innocent of dlis theft problem and slill bad the seat belt
thing lingering over him. be said he thinks the: judge would be: more than understanding and be would not
lose his job over dial.
Mayor Bums said yes. the: appeals standards are set fordl .
The City Clerk was asked to read Council Bill No . 21 by title :
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Englewood City Council
May 6, 1996
Page 21
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COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE AMENDING TrnE 3, CHAPTER IN, SECTION 9, OF TIIE
ENGLEWOOD MUNICIPAL CODE l 98S CONCERNING DISCIPLINARY APPEALS.
COUNCll. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (Ii) -COVNCll. Bll.L NO. 21.
Ayes : Council Members Hathaway, Vormittag. Wiggins. Habenicht.
Wagoner, Clapp. Bums
Nays : None
Motion carried.
(iii) Planning Community Coorclinalor Stitt presented a recommendation from the
Office of Neighborhood and Business Development to adopt a resolution approving the final plat of the
"Chicken Ranch Estates" Subdivision . He explained that this is a recommendation from the Planning
Commission to approve a subdivision by resolution for the "Chicken Ranch Estates" which is a
subdivision located on the west side of South Huron Street in the 4300 block . He said the subdivision
itself is the creation of five lots out of what currently consists of three parcels. Mr. Stitt advised that on
those three parcels arc a total of ninctccn dwelling units . He stated that Mr. Nestler is the joint owner of
this property and has rcqucstcd this subdivision to csscntially eliminate a significant number of --
conforming units and also to create one building site. Mr. Stitt noted that this property is zoned R-1-A.
Thal all of the lots proposed in this subdivision will conform to the R-1-A zone district SWldarcls. with the
exception that there arc two lots that will have lllUClW'cs that do not meet the side yard ldback
mjllircmcnts. He Slated that as the Slaff reviewed lbc propoals it was their position that that is a minor
price to pay for the elimination of a IUbstanlial number of-.a>aforming lots and also to crearc cmc new
building site in the City. He said baled oa dial aad baled on 1bc cvidcnce presented at 1bc public bearing
before the Planning Commillioa. tllcy arc lllqllCllillg dial Council approve this p,.-1 IIUbdivisioa .
Council Member Hadlaway askcd if wc are okay oa lbc fact that on the original drawing it sbowl din
acccss and parting and -yoa are iq,laciltg ii will! jUll pave!. Because. she said. she "-dial tllere
was some qucslion awhile bKt • to wllal • -iapavious swface" is and what was requum aad whedler
WC can go with gravel on lap of din • u illlpCl'\'iolll surface or not. Mr. Stitt said WC have allowed
gravel as a dust free swface for partillg aad ill fact dial oftm works better as a less impcnncablc swface
than asphalt or concrcle. Ms . Hadlaway said Ille ,....... to make sure we arc being consistent with what
wc have done previously. Mr. Stitt said yes .
Council Member Waggoner noted that four of thole lots arc &Cling to have access on to Huron Street. Mr.
Stitt said that is correct. Mr. Waggoner asked wbcrc lbc access is for loC one. Mr. Stitt advilcd that loC
one has a. he believes. thirty fOOI wide casemeat that runs due north to Quincy. Mr. Waggoner said it
shows an eighteen foot wide acccss. Mr. Stitt said okay lbcn cigbfecn feet and that lbcrc is u acccss
casement for that property that has existed. He said that plltiadar property will increase in size as a
result of this subdivision, but the access will not change as a result of this subdivision.
Council Member Waggoner asked if there arc not ocher lots that acccss that cacmcnt also. just north of
there. Mr. Stitt said not to his knowledge . He said if you look at the applicant's exhibit thal shows lbc
property there is one lot that accesses thal due north of the subject property. Mr. Waggoner asked if it is
part of the loC two of the Hasting subdivision. Mr. Stitt said ya. Mr. Waggoner asked who maintains il
Mr. Stitt replied that it is a private casement. a private access. and. although he was not sure who
maintains it. Mr. Stitt said it is not the City .
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l.n&lewood City Council
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COUNCll. Bill. NO . 21, INTRODUCED BY COUNCll. MEMBER WIGGINS
A Bill. FOR AN ORDINANCE AMENDING 1T1l.E 3, CHAPTER IN, SECTION 9, OF lllE
ENGLEWOOD MUNICIPAL CODE 1985 CONCERNING DISCIPLINARY APPEALS.
COUNCB. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITI.M II (a) (Ii) -COUNCD.. BILL NO. 21.
Ayes: Council Members Halhaway. Vormittag. Wiggins, Habenicht.
Waggoner, Clapp. Bums
Nays: None
Motion carried.
(iii) Planning Community Coordinator Stitt presented a reamunendation from the
Office of Neighborhood and Business Development to adopt a resolution approving the final plat of the
"Chicken Ranch Estates" Subdivision . He explained that this is a recommendation from the Planning
Commission to approve a subdivision by resolution for the "Chicken Ranch Estates" which is a
subdivision located on the west side of South Huron Strcct in the 4300 block . He said the subdivision
itself is the crcalion of five lolS out of what currently consists of three parcels. Mr. Stitt advised that on
those three parcels arc a toeal of nineteen dwelling units. He stated that Mr. Nestler is the joint owner of
this property and 11115 requested this subdivision to essentially eliminate a significant number of non-
conforming units and also to create one building site. Mr. Stitt DOied that this property is zoned R· l ·A.
T1w all of the lots proposed in this subdivision will conform to the R-1 ·A zone district standards, with the
cxceplion that there arc two lots that will have suuctura that do not mcct the side yard SClback
requirements . He stated that as the Slaff reviewed the proposals it was their position that that is a minor
price to pay for the elimination of a substantial number of non-conforming lots and also to create one new
building site in the City. He said baled on that and bued OD the cvidcacc praeDl&ld aa the public bearing
before the Planning Commission. they arc requesting lhal Council appruwe this prapmal IUbdivision .
Council Member Hathaway asked if WC arc okay OD the fact lhal OD the origiml drawing it sllows diJt
access and parking and now you an:: replacing it withjusl pavcl. 8eca&. Ille aid.* "-lhal there
was some qualioD awhile back as to what an "impervious surface" is ud wllal was leqllired ud wllclber
we can go with pavcl OD top of din as an impervious surface or not. Mr. Stia said we U\'C alkMed
gravel as a dull me surface for parting and in fact lhal often WOlb baler • a lea illlpcnaclblc surface
than asphalt or ooncrctc. Ms. Hathaway said she wanted to make sure we an:: beillg c:oaislem with wbaa
we have done previously. Mr. Stitt said yes .
Council Member Waggoner noted that four of those lots arc going to have aa:a& OD to Hwoa Stnlet. Mr .
Stitt said that is comet. Mr . Waggoner asked when: the access is for lot one . Mr . Stitt adviled lhal lot
one has a. he believes. lhiny foot wide casement that runs due north to Quincy . Mr. Waggoner said it
shows an cigblcen foot wide ac:c:as. Mr. Stitt said okay then cighlecn feet and that there is u aa:css
casement for lhal property that has existed. He said that particular property will increalc in si7.I: • a
result of this subdn-ision. but the access will not change as a result of this subdivision .
Council Member Waggoner asked if then: arc not other lots that acccss that casement also.jull non1a m
there . Mr. Stitt said not to his ii-ledge. He said if you look at the applicant's exhibit lhal shows the
property then: is one lot lhal acc:eucs that due north of the subject property. Mr. Wagoner mod ifit is
pan of the lot two of the Hasting lllbdivision. Mr. Stitt said yes . Mr. Waggoner mod wbo IUinlaias it.
Mr . Stitt rq,licd that it is a privalc cucmcnt. a private aa:ess, and. although he was not sure wbo
maintains it, Mr. Stitt said it is not the City .
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Council Member Vormittag asked how do Ibey get to tbal property, to wbidl Council Mcmber Wiggins
raponded tba1 ii a,mes oll'Quincy. Mr. Vormittag asked why Ibey doa'ljusl sd1 tbal property with lot
me and rour and three and two . Mr. Ncst1er responded from the audieacc t11a1 it is no1 ours, that it is
eight feet from the neighbors. Mr. Stitt said it is a recorded__. to provide access to what will
become lot number one of this subdivision.
Council Member Waggoner asked if there is some sort of maintenance agreement. access agreemcnl or
easement agreement between the properties ilMIMld as to who maintains iL Mr. Stitt rapondcd tbal be is
not lilmiliar with tbal eucmcnt and sugmtal that Mr. Ncsller would be able to provide that information.
Council Member Habenicht asked how many raidcnls liw: there now . Mr. Stitt stated that there were
nineteen units there in a a>mbinatioo of fiw: or six stnactwes. Some of thole strudWa, be said, haw:
been demolisbed, so currently M are down to four or me dwelling units. and Ibey will all be single family
dwelling units at the a,mpletion of this subdivision pn,cas.
Mayor Bums asked if this literally was a chicken coop. Mr. Stitt said that is aimct.
COUDCil Member Habenicht asked if the people cunmtly living in these low rent units could be put in
touch with the Housing Authority . Mayor Burns said thal Mr. Nesder can talk about that as be has talked
to him about that before. Mr. Jeny Ncsller said the people haw: been giw:n almost six months DOlic:e and
Ibey haw: them in COlllact with the Housillg Audlorily and 1111111 of them haw: moved out of the
community, oae bought a hoUle and the reaailldcr 111\'C faad other housing in the Englewood area. He
said that adequate DOlic:e had been giw:n ud Ibey -liberal .,.. ptting out of their leases so Ibey
could find something and go there with fuads .
Ms. Habenicbl said she was 1111( IUL ..... i"I plllliac 1k ..... • Mr . Nader. but rather that perblps the
City could allill if aayoae -havillg 1111111111c 1oc11i111 ....... Ma,ar 8wm said that was a good
quellioa. lhll be just hlppcDed to be aAiag IO Mr. Nelda' -clly lboul lhll 111d WU told lhll Ibey haw:
addreaed thal.
Council Member Waggoacr asked lhll -.... wacr •_.access poiDts filr the prupaad
lots. Mr. Stitt said lhll the Ollly pnipaed lol ... will .. .._ -is pnipaed lol ...-er-· All ..
other lots haw: individual aervice liDcs ud. lie beliewl. illdmdull -liacs. He said 1o1-• a
water line that is in that cigblem foot _... • • -point in the fubue wben lol four is clevelaped
a new service line will be inllalled from HulOa to lol oae through an eacmcnt. He said lhll Im been
reviewed by the Utilities Depanmenl 111d Ibey appnMd it.
Mayor Bums asked how mucb of this is new construction. Mr. Stitt responded that there will be oae new
house built on proposed lot four . Lots one. two . three, and five. be said, haw: existing homes on them .
Mayor Bums asked if the homes arc being remodclcd. Mr. Nesder said not CX1cDSiw:ly, just Clbiacby,
carpet. paint and things of that sort.
Mayor Bums asked if the lots OD Huron already haw: ICICCII to the llreet. Mr. Nader said Ibey do haw:
access. Mr. Stitt said the proposcd subdivision really docsn 'I chan,e the cin:'lmllanc:a for loll oae, two,
three and four .
The resolution wu assigned a number and read by title :
RESOLtmON NO . 47, SERIES OF 1996
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Ea&lewood City Council
May6, 1996
Pai=e13
A RESOLUOON APPROVING 11iE SUBDMSION OF PROPERTY LOCATED ON 11iE WEST
SIDE OF 11iE 4300 BLOCK OF SOlJl1I HURON STREET.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (ill) -RESOLUTION NO. 47, SUUES or 1996.
Council Member Wiggins said he wboleheanedly ...-wilh il
Motion carried.
Ayes: Council Members Halhaway. V-mag. Wiggins, Habeaicbt,
Wagoaer, Clapp. Bums
Nays : None
(iv) Mayor Bums said 1h11. although be would be abstaining from the WIC on this
item. he would like to rad the beading. After reading the beading of the bill, he said that he will abslaiD
because be is tbc chairman of tbc Housing Aulhority Board.
City Attorney Brotzman pn:senled a recommeadalion from tbc Housing Authority to adopt a bill for an
ordinance approving an lnlergoYcmmenta Agreement for tbc 1996 Arapahoe County Community
Devdupmcol Block Gnmc Program. Mr. Bruczman said this is the traditional block grant prapam wbic:b
we ba\'C been cloillg for a number ofycars. He said it tracb tbc pmvious agrecmenlS for tbc block grant
program. They ~ brollcn this into three ..,._ pieces• rapaired now by the Slalc. but iD all other
aspec15 it ranaias tbc same .
Council Member Hal.baway said it is the same• whal we ~ CYCr applied for previously and we ba\'C
always. au)' year, specified wbal we -IIIUII IO U1C tbc specific panlS for m chis im 't Dy clift'erml iD
that repnl City Attorney BrotzlUII said that is correc:t.
The Caty Clelt -med to rad Council Bill No. 26 by title:
COUNCIL BILL NO . 26. INlllOOUCED BY COUNCIL MEMBER HABENIOfT
A BILL FOR AN ORDINANCE APPROVING AND AU11IOIUZING 11iE EXEOJ110N OF
INTER.GOVERNMENTAL SUBORANmE AGREEMEJln'S FOR 11iE 1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUINO RESOLtrnON
FUNDING BETWEEN 11iE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 11iE CITY
OF ENGLEWOOD.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. 26.
Motion carried.
Ayes: Council Members Hatbaway. Vormittag. Wigins. Habeaicbt,
Waggoner, Clapp
Nays : None
AbsWn: Mayor Bums
(v) Division Chief Moore pn:senled a nmmmendllioa from the Depanmeal of
Safety Servica to adopt a bill for an ordinance prohibiting lobacc:o UIC by miaan. He adviled that this
ordimma: basic:ally prohibits tbc poaession or c::omwnptioa of lobacc:o pn,ductl by uaderqe pen11111.
buically individuals age seventeen and under. Primarily in public plac:a. altboup be paillled • there
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arc some provisions for enfon:cmcot on privale pruperty. Mr. Moore swed it is a strict liability ofl'ense.
which means tllll intent is not a factor and schedule offillc is up to a $1()() and 24 hours of public service.
The City Clerk was asked to read Council Bill No. 25 by title:
COUNCil.. Blll. NO . 25 . INTRODUCED BY COUNCil.. MEMBER WAGGONER
A Bll..L FOR AN ORDINANCE PROHIBITING 1HE POSSESSION OF TOBACCO PRODUCTS BY
MINORS IN 1HE CITY OF ENGLEWOOD. COLORADO BY AMENDING TrnE 7. CHAPTER 6E,
OF 1HE ENGLEWOOD MUNICIPAL CODE wml 1HE ADDmON OF A NEW SECTION 8,
ENTin.ED Ill.EGAL POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS BY AN
UNDERAGE PERSON .
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM NO. 11 (a) (Y) -COUNCU. BILL NO. 25.
Council Member Habenicht advised tllll she bas bad a a,uple comments that were questioning it and
being against it. She said since the Herald anicle appeared. the commentary by Council Member
Waggoner, she bas not beard anybody complain about it. She commented that she thought tlte rationale
was quite well stated. very posilivc.
Mayor Burns said be feels the same way . He noted there bas been a lot of publicity in the last few months
about the lObaa:o industry. That be bas beard some stanling reports about the numbers of )'OUIII people
tllll arc starting to smoke pursuant to some of the advenising, especially geared toward them . Which be
swed be thinks is a real concern.
Ayes: Council Members Hathaway, Vonnittag. Wiggins. Habenic:bl.
Wagoner. Clapp. Burns
Nays : None
(b) Approve on Second Reading
There were no additional items submitted for approval on IOCOlld reading. (Sec A,eada llelll 10 -a-it
Agenda.)
12 . Gaeral Dilalllioll
(a) Mayor's Choice
I . Mayor Burns advised tllll be attended. with the City Maaager and Bob Simpson, the Craig
Hospital Interim Care Facility dedication on Friday, wbicb was quite impressive. He said they received
public comment and coogralUlaaions on behalf of our mil Chuck Esterly, Jim Blumenthal. Ben Greene
and Ladd Vosuy for the wort the City bas clone cooperating and coordinating with Craig Holpital on this
and be said be feels some real kudos sbould be exlCllded to the llatl' on this. He noted they were very
appreciative both publicly and by the coa11neat1 of Dennis O'Malley. the Director and llatl'. He said be
feels there should be ~ placed in their file. whether it be a leaer or whatever coaunendiag tbele
members of our llatl' for the excelleal wort they ~ clone oa tbal facility .
2. Mayor Burns commcnled lhll. • Council 11-. lnlm illfonnalion in their packets, Rm ii IDUII
to have a special ceremoay on Tllunday morning ll 11:00 a.m. ll the Gala Rubber Plant exlClllion of the
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light rail. He DOied that Secretary of'Tnwportation Federico Pala is going to be in MteDdal!R' to execute
the full fuDdiDg put agreement for the COllllnlClioa of the IOUthMll corridor light rail line. Mr. Bums
said be bopa-,-c:an make it boclllle it is going to be a fine caaioD. He oomD!C!MNI dial despite
what -of the collllllllisu and pundits tbillk, be tbillU tbis is going to be fuDdad and it is going to be
built He wuted to thank ewryonc for all of lbeir support on this. He --.I be hoped tbaa all of the
citizells of tbis City wbo leltilicd ~ the Rm board in tbis maaer c:an make dial meeting. because they
n:a1ly made • clitrercnce and be thiJlb tbal is wry imponaDL
3. Mayor Burm pn:sented the Housing Aulhority's annual paymcDl in lieu of taxes in the amount of
$16,1'5.97. He pw the cbeck to the City MalllFf to be appropriately deposited.
(b) Council Member's Choice
(i) A proclamation honoring Allllin Gomes• Englewood's Citi7.cn olthe Year for
1996 wa considered. Mayor Bums noted tbal Mr. Gomes will be honored next Monday night at a special
ocx:asion at the Malley Ceoter.
TIie resolution wa assigned a number :
RESOLt.rnON NO . 46, SERIES OF 1996
A RESOLt.rnON HONORING AUSTIN GOMES AS ENGLEWOOD'S CITIZEN OF TIIE YEAR FOR
1996.
COUNCll. UNANIMOUSLY MOYD AND SltCONDED, TO APPROVE ~LOTION NO. 46,
SERJU or •"'-
Ayes: C.oucil Members Ha&baway, Vormillag. Wigins. Habenicht, w...-,. Clapp. Banis
Nays: ..,_
(ii) Council Member Ha&baway :
I . COUNCll. MEDER HATHAWAY MOYD, AND IT WAS SECONDED, TO BOLD A
CITY COUNCll. STIJDY SESSION ON TIJESDA Y, MAY 7, 19M AT 5:.11 P.M. TO MEET WITII
UPRESENTATIVES PROM CLARION ASSOCIAffS.
Council Member Ha&baway said she is assuming that tbis is an opea meeling. Mayor Burm said that ya
it is .
Motion carried.
Ayes: Council Members Ha&baway, Vormiaag. Wigins. Habenic:bl,
Waggoner, Clapp, Bums
Nays : None
2. SIie said she wanted to add. rqanlina the Rm siping oa lbunday. that they did set up a
shuttle transpon from the Cinderella City silC whic:b sbauld pnM dial they UC intcratcd in camiDg tbis
way . SIie statcd they did make wry strict oommenb tbal it will be exuaaely limited partina don there
at Broadway and 1-25 . She said it is cxtmnely limited if you ID there ill the middle oftbe day uyway.
Sbe eacourapd -,yonc to part Ill Cinderella City and bus it don there. Council Member Vonaiaq
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said you c:ould go downtown and lake the llllin out. Ms. Hathaway said you c:ould take the llllin back out
to Broadway and 1-25 too. whic:bever woits.
3. She said DRCOG, last Wednesday night. did a study sasion on the pnipoal TIP, Tl"llllpllllalio
lmplOYCIDClll Plan. She said they 1ft: still maintaining the funding• a back-up funding tor Rm and
light rail. jusl iD case. Ms. ffldlaway added that there wen: also -additaa of pn,jecU tbal came
from Colorado Depanment ofTrusponation (COOT) regions one and four, but it does not totally CMlall
afl"ect anything dial we ~ currently in the plans. such as the widening on Broadway from Yale to FIO)'d
and also the U.S. 285/Broadway bridge. She said they 1ft: COlllinuing to maintain their politaa iD that
panicular plan. So, she llid. she does not think we~ uy woniesjusl yet She CXl!Dmc:n!ed tbat the
only thing that would c:haqe our swus in the particular plan would be if their quality coaformity findings
show that those two should be dropped and she said she can't imagine dial that would haw uy a8'ect one
way or the other, but it slill has to go through tbal review as MIi. She said she will keep Council
infonned iD case it does drop auywbere in ill llltlll. Mayor Bums said we will c:ertainly want to know.
Ms. Hathaway said -don 't want to lose it like -did two years ago .
(iii) Council Member Vormittag said be hoped to see Mayor Bums on Thursday, be
said he was going to uy to make it down there .
(iv) Council Member Wiggins :
I . He said be wanled to gave kudos to the Pub and Rccralioa Dcpanment as he asked them to
come out and help 511111,last graffiti in the neighborhood and they did and did a nice job. He wanted to
pass his thanks along to them .
2. He said he also wanted to thank Public Works. specific:ally Rict Kahm . He said he asked him to
check a situation iD the neighborhood. a water drain pniblem and Rict has takell care of tbal ID be aG'elal
kudos to them also.
3. He said be is wondering why he is setting ID mucll Sbdl" iD the mail, study sasion DDICI from
April I st. April 8th. April I 5th, April 22nd. here. I undenlllld why we 'd Fl the 29th. but be WOlldcn,d
why they 1ft: setting all this extra study session IIOICS.
Mayor Bums said be lhought they -rcqllClled by Council Member HabeDic:lll and be asked if dial is
right. Council Member Habenicht said no . She said we haven't been ftlCCiving study sasion IIOICS.
Discussion ensued and several Council Members CIOIICUfflld tbal tllcy receiwd several ICU of notes.
Council Member Wiggins said be is at a loss as to why they're Filing these . He c::ommeolCd dial be is
kind of setting the impression dial they' re setting in on an i!Mlliplion by Mn. Habenicht on everything
that 1s going oo Cinderella City . He c:ommenled on the cluplicllioa of all this paperwork. and if she's
going to run a private investigation into everything that 's going on. be said theft give lier the papawcxt,
but he does not want to see it.
Council Member Habenicht said she wanled to comment on tblt. she said • a matter of fXl that she had
asked for certain copies of study SCllion minutes and they were forwarded to her. She explained dial
when she asked for them she was told by Sue that she hadn't compleled all the minufa of the April
meetings yet. Ms. Habenicht said Council has not receiwd tbae )'el. tbat she tlliJlks this is the ftnt time
Council • s received these April study ICSSion minutes.
(v) Council Member Clapp :
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Council Member Hathaway aid yes. 11111 'MIil 1k ii_,.. ii..._, ---.... Cllllld be a
totally dilJerent situllioD -aay-,. a-.* ..... if· -... • .... lllles in die -al
shopping c:eatas, if it -baled•• pallillle-allllll parliClllar-. ae w .. an wllll die
ninety-three OIIC -baled ca.
Mayor Bums aid be ii .. an ..... He ..... Cily ....... a.t iftllae ii-....a..-bere
!bat we will '° duougll lO .. -..,..,..
Council Mclllber Hadiaway ..._ if it ii a aoat paial i( ia-. it's beia& llallllecl _..,•and dim turning...,..._..,. clewlaper. SIie llid ill adllr-* we aml lO know ............ value is, but
is tbere a lallgible value ill it• all. wllell all yaa're daillg ii llippiaa it CMr.
Mayor Bums DIiied he does not know 11111 dlat .-kl cbanp anything as far as ill basic value.
Council Member Wiggins asked wbat would they do. knowing the value and wbere would they go with it?
Council Member Hathaway asked if the value will change anything as far as the development is
concerned? She aid she is not sure it would. tllat when you're just flipping it from oac party to another.
and we' re just the mediator.
Council Member Clapp 5lalecl it might significandy change it and it might significantly cbangc the
negotiations ifwe find out we're not in the ballpa,t. Council Member Hathaway said okay.
Council Member Clapp explained that she is trying to do her own feasibility. and she needs to know in her
mind that this is the right thing to do as far as the negotilliom pan with Skip. She aid she does not
think that we're tbere yet OD the COlltr1ICII. She noted we're -"ing OD them and she wants to Dake sure
that the numbers are all right befoR she pa fonwanl with it She llalcd she would like to have a land
appraisal. a basic raw land appraisal. baled OD today's value. not a 93 value. She said she thinks that's
significant
Council Member Habenicht asked if it Cllllld be done upon the same basis that the prior one was done in
1993. and dim thll way it would be a c:onsilleal dlillg ID be able to c:ampare 011C to the other.
Council Member Habenicbl said that bued on that. and she thinks it a,ntaincd nwtet analysis.
a,mpuablcs. thll that makes -to her.
Council Member Hathaway said she thinks it was done OD a,mparables but she does not bonestly
remember.
Council Member Vormittag asked Council Member Clapp if she-malting a motion.
Council Member Waggoner asked why you would appraise it on bare. raw land, though. why not appraise
it for highal ud best 111e?
Council Member Hathaway aid she fJiouaht die a,mparablc llllp 011C WII done, that it WU a
axnbinalion al bipcst and best ... al a,mpallble land al that size in the metro auea.
Council Member Waggoner aid yes. he clicln't loak aa it tllll c:loll: .
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May6. l996
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I . COUNCIL MEMBER CLAPP MOVED. AND IT WAS SECONDED, THAT ALL 01' THE
CINDERELLA CITY DEVELOPMENT PUBLIC INPUT PROCESS 8E COMPUTED PRIOR
TO DEl'INING ANY TENANT MIX.
Mayor Bums llbd if lhere were any questions. He DOied tbaa Council talbd about this in one oC their
mecliDp recently.
Council Member Clapp DOied that that -last week and ii -sometbing !bat Council bad kind of
agnlCld upon . She said in talking wilb people in die cxiaumnity, lbal Ibey would like --,ancc. She
Slalcd !bat she docs not see as !bat would be any problem.
In response to Council Member Wigins. Council Member Clapp repealed ber Dllllion.
Council Member Hathaway asked if she -rd'aring IO die scbeduled public meetings. Council Member
Clapp said yes.
Council Member Hathaway pointed OUI that public input is also going 10 continue when Ille PUD starts.
Council Member Clapp said Iha! is correct and in response to Council Member Waggoner she confinned
tbal she is specifically lalking about Ille four meetings.
Motion carried.
Ayes : Council Members Hathaway, Vorminag. Habenichl Waggoner,
Clapp. Bums
Nays: Council Member Wiggins
2. Ms. Clapp said she did not know bow many council members are aware oflbc vandalism !bat is
laking place in area on tires. She said ii is quite significant and she wanted 10 inform Council of !bat fact.
3. She advised lhal she bas bad requesas wilbin Ille 4500 block of SOUlb Sberman for a ligbl in Ille
ccn1eroflbe block on Ille west band side. She .said that is in Ille middle ofChendyn Part and it is very,
very dark in lhal area. She said if Ibis is any indic:alion of wbal we ~ coming Ibis summer she said she
thinks we should look into putting a light lhere.
4. Council Member Clapp stated Iba! she made a R1Q11CS1 in regard IO numbers for Cinderella City .
She said she did receive an appraisal, which shc RqUClled back in Man:h. and in looking al !bat she nolCd
ii is a 93 appraisal . Ms. Clapp said shc is wondering al Ibis point if Ibey should not be looking al getting
a new appraisal based OD hue land. She COIIIIIICDled tbal ii just seenw IO ber !bat Ille 93 is an awful old
appraisal . She said you wouldn 't sell your house based on 93 figures. so shc questioned why would you be
looking al a 93 appraisal lo be building into our development there.
Mayor Bums nolCd lhal a IOI of things changed on lhal site since 93 in tenns of occupancy. Ms. Clapp
agreed.
Council Member Hathaway nolCd Iba! ii depends OD wbal buis you 'n: using for Ille appraisal as IO
wbelber you' n: using bcsl possible IIIC. whetber you' n: using Clllllpanbles, whetber you• n: using
surroundings.
Council Member Clapp stated she tbinks ~DI based on bin: land value .
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Council Member Hathaway said that if it's not what it was based on, it isn't going to do any good to do
one like tl-.at -. but they would have to check .
Council Member Clapp said that what she was getting at last week, and what she's slill trying to get at, is
bai<:llly finding out what it's worth, what the cllMloper is sinking into that land. to make sun: that we're
in the ballplrlt. Tut we 're getting the best value for that that we CIIII poSS1l1ly get.
Council Member Hathaway llked if she meant as far as development is conccmed?
Council Member Clapp said yes, as far as ewrything.
Council Member Hathaway CIOllllllCllled that what she was uying to say was that be is not sinking money
uuo raw land, because we're Oipping il But. she said, what you're talking about, what be ends up with at
the end, is it going to be worth it to the City for what we gave up .
Council Member Clapp said that's where she was going with it. the demolition.
Mayor Bums advised that the City doesn't own this site, except for the parking. at this point.
Council Member Hathaway noted that still that's a significant pan of a piece of land.
Mayor Bums said we' re facilitating it.
Council Member Vormittag asked ifwe are going to own it all?
City Muqer Clark Slated his only area of llOMllicln is how do you get it to the bare land Slllge, because
it's DIil bare land now . He noted the 93 appraisal took into 11CCOW11 the fact that there were building
UllpfOYClllelll there .
Council Member Clapp said you lake illlll aalOlllll the dcmolitioa, the salva,c value. you subtract
demolitioa, you add in salvqe value. all tbcle things, thele ...-rs. should wort. ud you should come
up with a ballpark.
City Muqer Clark said that if we do an appnial report. lllll sllOllld illcludc the demolition cost, or
should it assume that there 's nothing tllere. and there's jull bare lud7
Council Member Clapp said no, it slllouldD 't. She said sllc lhillb what Coullcil Member Habenicbl was
getting Ill is a good poinl. cx,mpuilta apples ID apples is good. ud we can go flam there.
Council Member Habmidll llid Ille .............. copy with her.
Council Mclllllcr Hadlaway aid ia allier_.. what would it have been worth ifllley 'd ---93
appnial balOd OIi DO .0. I ca it. SIie said sbe's right, if you take what tllll appnilll W. m
IChedule ia wbat it's IIUI ID Cllll ID deaolidl wl what they can get back oo SIIMIIC, dleolllally. )'OIi
ouglll to be 1111c to~ .. wida •....._dial would cloldy represent, in 96 dollan. .-ii .... IIM'C
been ia 93 11111d ii been a a:npld lile.
Mayor Barm llid lie is llill • -,_·re lduDc about the samc lhing. He Mlled if Ille is..._. ...
cnmking in die dcwolitioa CIIIII or •?
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May6, 1996
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Council Member Clapp explained you take the appraisal value and you swt taking all of the other factors,
whether it be a plus or a negative and you come up with a ballpark figure . And that sbould give you a
good idea of whether you 're getting good value out of your ncgoliations.
Council Member Hathaway said that in other wonts, if the value olthe property ends up being, say for
example, fifteen million clollars, and you don 't end up FUiDI that inlaDgiblc value olimpnwemcnll on
that property, oacc Skip is done, or whoever is done, then the City bas DIil raliml any net increalC in
value of that property to us .
Council Member Clapp noted it QDUJd .-a go in lbe bole, or it QDUJd be the other way in our fawr. She
said she does DIil have any idea.
Council Member Hathaway said lbe only problem with that putiadar philosophy is that you 're only
basing it on property tax appraisal value and wllal lbe City would reali7.e on that putiadar value. Sbe
commented that you 're DO( realizing what you wwld be getting in. for all those other taxes and other
intangible values. that you can't put into an appraisal . For instance, she said, sales and use tax. and that
son of thing. She said she does not know. She noted she is DIil sure the number's going to be a valid
number to use for anything.
Mayor Bums Slated he is still not sure this geu us any place. because the title transfers from Equitable to
the~. lbe City really doesn 't bold title to that. And. the one sc:cnario was that the title would go
directly from Equitable to lbe developer. So. he reiterated, he is DO( sure this tells you anything.
Council Member Habenicht Slated she thinks it 's appropriate to have the appraisal, and to have a more
current appraisal. and she thinks it could be done in the same way that this one was done. She said this
one did give appraisal. which bad an estimlled value given for bare land. This appraisal makes the
assumption that lbe site is entirely cleared and ready for new retail development.
Council Member Hathaway uked if she is reading from the 937
Council Member Habenicbl said she thinks that it makes perfcctly good sense to see wllll c:baqes there
might have been.
Mayor Bums said he is DOI sure it makes any sense at all .
Council Member Wiggins saatcd he cloesn 't either.
Council Member Hathaway med who's going to pay for it?
Council Member Clapp asked ifwe don 't have the money to ,ct an appraisal.
Council Member Hathaway said she is just asking. She asked if Ms. Clapp is sugating that the City
initiate an appraisal and Mr. Clark to pay for an appmsal on this puticular property?
Council Member Clapp said yes. 1be City should. She Slated she thinks this a,mes up to are we FUiD1
our money's worth out oltbere. She admowledpd that we don't owa the foot print. bowe\oer, she said,
we are taking some risks on this. we are putting monies into it and we nocd to make sure we are FUiDI
the 11101t out ot this cleYdopment. She said she thiau thll '1 jusl pan ot cloiltl pod buli-.
lllldcntanding lbe IIWllben and lllldentanding what you 're dcalin& with Md that is really all she' I ming
for .
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May 6, 1996
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Mayor Burns commenled that be feels some unclercunml ~ to continue to Ulldercut the development
we've been working on and be is not sure this piCS us anyplace.
Council Member Hathaway asked if this an official lllOlion to direc:t Mr. Clark to do an appraisal on the
Cinderella City property? Council Member Clapp said yes.
Council Member Hathaway suggesled Ms . Clapp make it in the form of a motion and Council can VOie it
up or down.
COUNCO. MEMBER CLAPP MOVED, AND IT WAS SECONDED, THAT THIS COUNCO.
DIRECT STAFr, CITY MANAGER CLARK. TO DO AN omCIAL UPDATED 1"6
Al'PllAISAL BASED ON RAW LAND AT TIO: CINDERELLA CITY SITE.
Mayor Burns asked if there WU any other discussion?
Council Member Vonnittag asked if that is all they want, just bare land?
Council Member Waggoner said be does not know how you split out what we own and what somebody
else owns, which is the problem.
City Manqer Clart said be is not sure about the appraisal basis, and be would want to talk to the
appraisal c:ompany finl and then outline what the basis, because it's bare land to be developed for what?
He noted thal's the only an:a he's bung up on .
Council Member Waggoner advised that Equitable owns the air rights, and we only own to a point twelve
fed. or tcD feet, ablftc an X on the sidewalk _. there.
City Manqer Clart asked for Council to bdp him OUl on this. He said Council lmic:ally wanrs a number
for bare land. ud then you want to compue it with • mllllller Oil the demolition?
Council Member Clapp said DO, not nec:asariJy . She aid sllc WIIIIS a awnbcr for bare land, ud wanlS to
see wbat Skip is pulling into this land, ud baled on dial. sllc can aime up with wbedlcr or not we're
Ftting good value~-In other words. she commented that ifbc's not pulling hardly anytbillg into this
in COlllplriDI to wbat the aarbt value is.
Mayor Burns said what be is getting al is bow can we give value for anetbing we don't own?
City Manger Clart said we can put a value on it, the problem is wbat are we valuing, wbicb piec:a. He
said, because be' s supposed to get the footprint, and then what is the basis of the appraisal, it's bare land?
Council Member Wiggins asked for what?
City Manager Clark asked if it is for four to five bundrod thousand square feet of retail.
Mayor Bums said be would guess that's right That that's 400,000 square feet of retail and cntcrtainment.
Council Member Clapp said but basically we're banding it to Skip to develop, so she's having a bard time
undermnding why it would DOI be significant.
City Manqer Clart aid what be is tlying to ftpn: out is wllae you fllclor in the demolition COil to get it
to bare land, because we can do an appraial for bare 1111d. He llked bow do you gct it to bare land, 111d
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then what do you then compare those numbcn with the bare land numbers. or how do those get factored
in?
Council Member Clapp said if you have demolition c:ollS. and alvqe c:ollS. she fdt you can add what
he 's sinking into the property, and compare it to what it's Mlltb and -if we're in the ballpark then:.
Council Member Waggoner stated we don't own Equilablc or Mercmtile.
Council Member Clapp said DO, but WC do have a Wiled illlereSl, and if those IIWllbers arc DOI in the
ballpark then that should be of c:oncem and wby area 'I they?
Mayor Bums said be does DOI know what the ballparlt is. and be asked Ms . Clapp what she means by a
ballpark?
Council Member Clapp explained that if the developer is DOI sinking in that much money then she wants
to sec . She said be' s not. basically, buying it from us. or from Equitable, so it would be significant to
know what it is worth and what be is putting into it.
Mayor Bums advised Ms . Clapp that what be gets back is a certain percentage of return on his invested
capital and his development budget is now forty-two million dollars. He explained that how that figures
in, as far as land value and that. is that you have to look at the entire picture of his invested capital and
what he gets back on it. DOI just isolating out the site and talking about bare land. He said be docs DOI
think that's going to ICII you that much .
Council Member Habenicht stated that in 1993, it sccmcd pnidcnt and wise to get an appraisal of that site.
She noted that when Council Member Clapp asked for an appraial of the site. this is what was pracnted
and it was done baled OD bare land, baled OD the 1993 llllnCl. She said she thinks it's well within
IQSIOlllblcness and being responsible to know what it is that we're dealing with ifwc have an appraisal
now. She noted she does DOI -any problem with how you have to say it was done. they were able to do
it. they were able to do it OD barc land, and this is a way thal we could have a c:ompari-. to know what
the value of the barc land is now• c:ompa,ed to what it was in 1993 . She reiterated that she docs DOI -
that then:' s a problem with that. and she thiaks it's only wile and prudent.
Council Member Waggoner asked if they wut the 50.13 acres as a comparison to thal?
Council Member Habcnicbl said she thiaks it should be compared just exactly and dilu:dy to that. Sbc
c:ommcnted that she does DOI know if Council read this, but that she read it in its Clllirely and thought it
would be interesting to sec what this would be now and that she agrees with Council Member Clapp.
City Manager Clark asked ifhc remembered the appraial report's market value on the site c:om:ctly .
Council Member Habenicht said yes .
Council Member Hathaway asked if that 's for the full 50.13 acres, ifit is for the whole property? Mayor
Bums said it is for the whole property.
Council Member Habenicht said she was noticing that there seems to be some disc:omfon oa the pan of
the City Attorney . City Attorney Brotzman adviled that if the City is doing appraisals. and we're
appraising other people's property, that we should DOI be dia:loliq the numbcn for the price of IOIIIClbody
else's property. Council Member Hathaway asked m:n ifit is a 93 nwnber. City AIIOnley BIOCZIIIID aid
if be was Equitable. be did DOI think they would be real comfor1ablc with • appraising wut they own.
Council Member Hathaway said she undentands that. City Anomcy B101Z111a11 ldvillld t.bal Council
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oould disam it among thcmseMs and use our numbers for what wlue they bnc. He said be thinks
they're in litiplion right now over iaxcs and what their propaty's wwth. Mr. Bruczman said if its
wluable to kmw what tbal property's wonb. tbal's fine, but be did DOI lbink we wanl to get in a fight
with F.quillblc by disclosing what we think their property's -,ta.
City Manqcr Clalt said the only thing be wanled to say about the appraisal is 1h11 it is an cducaled
market wlue. He staled that appraisal in 93 let a market wlue and ao -Im -alnng and paid that
market wlue. So, be COlll..-r.cd. is the appraia1 valid or DOI valid? He noted an appraisal is only
wlidated until a buyer and seller get IIJFlber oa a price.
Council Member Clapp said that's also baled OD companblcs, and that type of thing. Sbe IIOfed that if
you put your house on the market, its baled OD companbles and the market place in your area, they bnc
guidelines that they go by OD things like that that are standardi7.ecl.
Council Member Hathaway said sbe thinks the difference is that you own your house and we don't own
this particular property. Council Member Habenicht stated that we ccnainly own parts of it. Council
Member Hathaway said WC OWII parts of il
Council Member Waggoner DOied you could still get an appraisal on the whole property, depending upon
what you want apprai9ed. He said that you 'w: got to haw: some ddinition of the area that you want to
bnc appraised and wbelher that includes the strip along 285, or what it might be, because, as near as be
can tell there isn't SO .Bl acra there Wider today's circumstances.
Council Member Hathaway said that she thinks that also included that north area parting lot that -
under a separate lease bold to IIIIDCbody else, and it's always been maintained as a sepante lease bold. so
you can't ew:a include that .
Council Member Waggoner staled that wbll be -told is there was about forty acres, but you can
ccnainly get an appraisal oa raw land. or raw land wlue for a specific; area.
COUDCil Member Vonnittag alUd bow mucla dial appnisal COIi? City Maaa,cr Cwt llid be did DOI
~. lhll lhll -a prdimiMry appraisal ftllOl1 we uwa 't been able to find. He adYiled dial Pim
Pepper onlenld 1h11 ftllOl1 OUl. c-il Melllber Vormiaag said you wouldn't wanl to pay muc:b more
than wbat lllll --.kl Cllll to do dais . Ma,or Burns llid it's got to be sewaal tbousud clollan.
Council Member w...,..-said be did BIil kmw wbal clsc went with this. Council Member Hathaway
llid it -quiet and dirty, .... ii COIi -,.
Council Member W...,..-said tlill wbat tlley bnc beR is DOI a w:ry extensive: appraisal. He DOied that
if you' re lookiDg for • IOlld appnisal. tlill wbat you bnc in thole few papers there is not a significant
appraisal.
Mayor Bums asked how long ii tab to .. die appnisal if wc onlenld one?
City Manager Cwt rapoaded 1h11 be -.Id wanl to bnc the appraisal lay out a scope and the appraisal
basis. and then bnc qreemeal in c-il oa lhll. bec:aus be is DOI sure what basis it used, so we're
ping to have to lay out the italC to the apprailcr. He llid wc have to say we' re getting this down to bare
land, and the uswnption of four ........ to five bulldred tbousud aquarc feet of retail. He aalted if that
is all Council needs or is there any odlcr killd ofbais tbal tlley need? He said thcn bring that back to
Council, llllkc sure that CYCl}body is oe lhe IIIIIC pqe as fir as lhe ape is. thcn lcl lbem ID CIUl and do
their appraisal.
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Mayor Bums QOIIIIDellled that be is CIODCCl'IICd tbal ifwc get iDIO aJlllract oegotilllioas with the developer
after the public procea lllld wc 're in the middle al lhal, and wc 're llill wailing for this appnisal. is tbal
ll)ing to bang up the Cllllll'Kt iqolillions?
City Maaapr Clark .... llalf will p it die utmoll priority, that they will stan on it I.-thing in the
momiag, if the Council ID clelires.
Mayor Bums said wbal )'OU waM to do is come lack with 8 ICIOpC al wort ID WC CUI clec:ide Oil exactly
what we want. Cily Maaapr Clat said ya. bee.-we Wint to lllllkc mn: everybody lllldenlandl what
is the exact appraisal basis beillg lad, and then tlley ID Cllll and do dial. Mayor Bums said yes.
Council Member Habenicht said lhllt sbe lhims it's ~ lhllt the appraisal makes the IIIUlllp6on
that the site is Clllirely clcaRd and ready for -retail cleul apNP4 or ready for new deYelopment.
City Manager Clark cx,mmented that the other option is jull giw: them the 1993 appraisal and say here,
update this, use the same basis. Council Member Habenidll said )el. Mayor Burns said that may be the
easiest thing to do, just to get it done. City Mu1Fr Cwt said lhllt would be quick and dirty . Council
Meanber Waggoner said that would be the f'aslat way to update the c:omparables.
Mayor Bums staled be would favor lhal, if that 's what wc' re going to do, because be thinks that we' re
going to get into so much time here.
City Manager Clark said bis only a,ncem is ifthey'w: placed the value in 1993 on it and if one aa:cpts
the !IUn'CY, then Equitable should not be gifting the site. Council Member Habenicht said it was baled on
hue land, and sbe thinks that's why )'OU 're bearing that. Cily Manapr Clar1t said okay.
Council Member Wagoner said be lhims tbele amc people are in business today .
Mayor Bums said that sinl:e WC only lnnlfcr the l'oalprint and we retain ownership al the parting. be llil.l
tbinb this is just ooofilsin& as the devil and be does not "-bow )'OU split it out after )'OU get it
Council Member Wiggins said lhll's her problem. sbe's asked for it IO. CUI sit there and play with it
all day, wbafcw:r she wants to do with it. Council Member Clapp aid )el lhll's all I want to do.
Cily Manager Clar1t asked what if we ask for a hue land and four hundred to fiw: hundred lholmnd
square feet or retail and what the footprint is 1IWOl1h. and w11a1 the rat al it· s -111. Council Member
Habenicht asked why do )'OU have to do all that. when we're jull asking for something simple? Mayor
Bums said because if )'OU cloa 't do that be thinks )'OU 'w: ,iull aot a wonblea piece al paper that does not
mean anything. Council Member Wiggins said be agreed with Mayor Bums. that it's goina to be a
wortbleu piece of paper, it ODIU two thousand dollan. and sbe W111t1 il Council Member Clapp aid Ille
does not -it that way.
Council Member Hathaway said not to mention the &ct lhllt it's under appeal to the -anyway and
what be -it as is a nebulous number.
Mayor Bums said he is not sure where we are al this point.
Council Member Wigina said we'w: ID' a lllOlion and a NCDad. lei's wte on it and end the clilcuaioo.
Mayor Bums asked for any llu1ber dilCllllion Bein& -be called for the wtc.
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Ayes : Council Members Vonnittag, Habenicht, Waggoner, Clapp
Nays : Council Members Hathaway, Wiggins, Burns
Motion carried.
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Mayor Bums 5laled the IIIOlion carried. He asked if Council understands. Council Member Wiggins said
no . Council Member Hadlaway said City Manager Clark has got to outline that now . Mayor Bums asked
if be is going to come back and outline? City Manager Clark said we 'll come back and outline it
Mayor Bums Slated that thafs why be Wied against it, because be wasn 't sun: what the outline -and
what we weR voting on.
Council Mcinbcr Waggoner sugpsted Slaff' take a look at the Justin Haynes appnlisal.
S. Council Member Clapp 5laled that she did n:a:ive some of the other figures that she requesaal
from Mr. Clark and she thanked him . She said she was just curious as to what source he got the figures. if
that was from developer or other? City Manager Clart asked which figures . Ms . Clapp said demolition,
environmental. City Manager Clart said that came from the developer.
Ms . Clapp advised that she has yet to n:a:ive grade and fill and remediation and salvage. She said she
was wondering at what point she can expect to n:a:ive those figures . City Manager Clark asked if she
meant grade, fill and salvage? Ms. Clapp said and remediation . She said it has been a few weeks . City
Manager Clart advised that we can ask the developer to come up with his best guess . The grading would
be a function of the site plan. depending upon the final site plan, how much grading goes in, grading and
fill, and salvage, normally what happens is that there 's a salvage credit when the demolition contract is
let. so we could see if the developer could come up with some type of numbers. but they may DOI
necessarily be reliable until we get clown right into the operation itself. Ms. Clapp said okay.
Council Member Waggoner said it is the remediation you are talking about. the demo, the environmental .
Ms . Clapp said yes , in a nutshell . She said she is trying to see what he 's sinking into the propeny .
City Manager Clart advised that in the n:medialion the developer wanted to do -additional studies to
get a -reliable number . He thought he had a number for environmental remedialion in the original
set that was provided. but that number is subject to change too. after be gets his study done.
Council Mcinbcr Clapp asked if they are looking at a week for some of this . Mr. Clart said they will ask
the developer to provide the best numbers be can. but it would probably be the end of next week, because
they are all in Vegas this week marteting the shopping center.
Ms . Clapp said that's right. okay . She said Council kind ol disamed last week some things that previous
developers had kind of brought to the table on propoals and she wanted to do some comparisons.
6 . Ms . Clapp said she just wanted to address Mayor Burns . She said this is not an Wider cumot,
these are things that she have been asking for for weeks. that she 5larled asking for some ol this
information as late as March 18th . Mayor Burns said he didn 't say anything about this information. Ms.
Clapp said no, well that he said he felt like there -an undercurrent going here. She said she jllll
wanted to make it clear that she wants to move forward with this. but she just needs this information for
her own satisfaction. Mayor Burns said that 's floe. that be docs DOI have any objection at asking for this
information. Ms . Clapp said okay, that sbcjllll wanted to make that clear, that she wun't SUR if that_
toward what she was asking or just in general. Mayor Bums said not at all .
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May 6, 1996
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Council Member Wiggins asked Mayor Burns if it was poaiblc for Ms. Clapp to go down and aee Mr.
Simploa and Ft all this informaaion from him III that she gets up to dale, and gets all filled in. Ms .
Clapp said she be more than happy to do that if she can do that. Mr. Bums said be does not know why
not. Thal be does not know what the normal process is.
Council Member Wiggins suggested that what Ms. Clapp does if she his a problem and needs to know
some of Ibis information. since he's budling it, she should go clown and ask him ti.. apecific things
that she needs to know, maybe be can gel it for her.
Ms. Clapp said she just doesn't want to leaw Mr. Clartoutofthe loop for one thing. Mr. Wiggins said
he's out of the loop and be felt it doesn't bolber him.
Mayor Bums said be does not think the City Manager ougbl to be ClOlllpldely OUl of the loop, but that -
have a c:bannel for communicalion -·vc cmblisbal before. He said be tbougbt that can be worbd out
between Mr. Clart and Mr. Simpson and be does not sec any problem with that.
Ms. Clapp says she does not have a problem doing it that way .
Ms . Habenicht said she just wanted to clarify that her understanding was that the way that Council gets
information is that they gel on the short tenn list, or ask the City Manager directly or City Attorney
Bl"OIZIIIID, if it's legal, and that's bow they access infonnation. She said she thinks this is information
that they all need.
Council Member Vonnittag said that be would like to sec a copy of it
Council Member Ha&haway said she though they agreed last week that everybody should gel a copy of
-,dlina. tbal's the major -why they ICplnted out the two short term lillS. the oae lhat is
speciftcal1y Cinderdla City and the one that isn't ~ Burns said be thought 111. Ms. Hatbnay said if
you gel it, and you don't want to read it. line. put it in the pile and recycle it. She said that is the way she
loms•it
Council Member Habenicht offered the example that she put some questions OD E-Mail to Mr. Broczman
and be sugested that they -qucslions tbal she should be rally pulling fonh Ill that all the CouaciJ
can know .
Council Member Ha&haway said that she felt CouaciJ also agreed that anytbing that went E-Mail would
also end up OD the short term list She said because they agreed awhile back tbal E-Mail is not the
cldinitivc ...-r. it's a method to ask the question. but it's not the definitive ...-r, and that it needs to
be hard copied anyway .
(vi) Council Member Waggoner:
I . He thanked everyone for their support on the tobacco use product ordinance. He said be thinks it
is a step in the right dinaion.
2. COUNCIL MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO SUPPORT
MAYOR BURNS AND COUNCIL Ml:MHR IIAal:NICBT'S ATRNDANCI: TO TIii:
COLORADO MUNICIPAL UAGUI: CONnUNCI: SClll:DULl:D JOR VAIL JUNI: 11n
THROUGH 22"" AND SUBSmlD TIO COST ,OR EACH IN TIii: AMOUNT Of SU.. 75.
Discussion ensued rcganling COSI of meals.
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May6, 1996
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Council Member Wiggins asked if two members need to go to tbc a>nfen:ncc. Mayor Bums stated that
they will not oeccssarily go to tbc same sessions . He said be will go to tbc City Anomey thing, which Ms.
Habenicht probably would not go to. Council Member Waggoner staled they run concurrent wort
sessions at most of the seminars be bas attended.
Fwtbcr discussion ensued regarding cost of rooms.
Motion carried.
Ayes :
Nays:
Council Members Hathaway, Vormittag, Habenicht, Waggoner,
Clapp.Bums
Council Member Wiggins
(vii) Council Member Habenicht:
I . She advised Council will be out of town for tbc next regular council meeting. She said she is
really interested in the Cinderella City development. and she is pleased 10 hear that Council will not be
finalizing anything until after the public input. She said she should be back the first of June. that she is
going 10 her daughter's graduation.
2. She staled she may not be able to attend Clarion study session meeting, she may be able to attend
pan of ii. She said she read Council Member Waggoner's questions and so she tacked some on herself
asking that they be forwarded. She said she will be attending a ~ service for someone who is very
clear to her. So she may be late.
Council Member Hathaway asked if she -.Id like to have the City tape the first ponioo of it, she said we
have bad that option llcflR. Council Member Habenicht said yes. Ms. Hathaway asked Executive
Assistant to tbc City Maaqer Sue Bradshaw to arrange that.
Council Member Halhaway said she would like to see. regarding the Clarion meeting~. tbc
memo being circulalat OB the Clarion ADOCiatcs information. Ms. Habenicht says she bas ii. Ms .
Habenicht said a lot oltbc copies are bid ud you can't really see whit the pictures look like. She said
she WCIII in to look at the origillals ud a she MS leafing through 011C she found 011C that really peaked
her interat. She asked AdminiltnlM Assistant Oeruudc Wdty to copy it for her. She said she looked
back in her packet and her packet did not have it. She said it was really interesting, that it is called the
Stanton project in Lakewood dated 1996, and it bad a long statcme11t in there about big box power retail
ud how ii was risky and there is a ~ coming. Ms. Habenicht thought that she would want to
make note of that and make sure -=rybody saw it. She said when she went to look back in tbc packet
Council did not get that one. She said Council got something called tbc Scranton propoul which was
clone in 1989 in Pennsylvania. She wanted Council to be a,pietl tbc Stanton proposal which is more
recent.
Council Member Hathaway said she cloesn 't oeccssarily want to be copied. that she would prefer that it be
made part of the packet that is being passed among Council. She said a long u she bas them available
tomorrow night as they are discussing things with Clarion she will be fine. She said all it is doing is
showing tbcir scope of wort which they out laid in tbc propoul they gave Council already.
3 . She thanked Council for supporting her trip to CML. She said like Mayor Bums said she thinks
it is imponant, that probably a lot ol tbc wort that we have been Ible to do with RID bas been through a
lot of the connections that tbc Council bas been Ible to clewelop through aacading tbne kinds ol tllillp.
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May6, 1996 ....
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She sugestal that any 01ber Council member 1h11 can pt away ud do IIJIDCfbing like that. that it is
rally • valid dliJlg to do aad very -unwbilc.
Mayol' Blll1II aid yes, 1h11 tbere has been a lot at --·ic:#ion ..._ the Olber Cllllllmmities that aw helped the City with RTD .
13 . City Maaaaer'• ....
(a) City Manqer Clark iec a r tad dint COIIPdl _. ill CIIIICUtiw aaiaa iwmwliaely
following the meeliDg IO dilcull a ral --.. ad die ral -mnDer is eat Cindinlla City.
comrcn. MDlll&R BATIIAWAY MOVU. AND ff WAS DCONDD, 111AT COIJNCIL GO
INTO D&C1JTIV& 51:SSION IMIDDIAnLY ,Ou.GWING TIU COUNCB. MUTING TO
DISCUSS A REAL l:STATI MATTIIL
Ayes: COIIDl:il MllnNls Hadla,ny, Vamillllg. Wigim. Habenicbl.
W...-r, Clapp. Harm
Nays: None
14. City Atteney'1 Report
(a) City Attorney Brotzman advaed that encloml in Council's packet is Attorney DiFak:o's
rqlOlt repnling Ms. Ostcma's complaint He aid 1h11 cloc:uaait is a public doa•men«, dint it does ID
through a delail through the complainl that-filed by Ms. Oltana. He said be woa't ID tluwp piece
by piece at that ClOll!plaint .__ it is rather detailed, it is nine ..... He llllled if anyaae in the public
wants a copy they can aw w. He aid be thim the conclusion is ralber ~ dial it did W dint
tbere ... 't a lcpl CXlllflic:t ilMlhed ill lllil. dint tbere is a polilic:al ..,_ dial .... be taDhlll in die
polilic:al m. Mr. ew mmm r nec d dint Mr. DiFak:o did a-, exllaliYe --.:It project dial be
thim -Ol!l w:ry well .
15 . MJ-
MAYoa .URNS MOYD TO AIUOUIIN. TIie ............ 10:12 p.a.
z&~tfl!i.
IC'ity Clerk
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Diana J. Wolfe
5819 S. Pearl St.
Littleton, co 80121
303-738-8518
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RB: Tonda Gatewood Daycare
1015 W. Standford Pl.
Englewood, CO 80110
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May 16, 1996
..... ~ .. I. · To whom it -Y concern: ·
Thia letter ia to inform you of my peraonal experience with Ma
Gatewood'• Daycare Practice.
I resided at her residence for 3 montha and during my tenoir
.,. ,. there I found no boatility or reaentment from her neighbors, to
. the contraey, · upon talking with her neighbor ahe waa highly
; regarded by~·her neighbors for the'' service ahe provide• in their
· coaaunity~ 1 -
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-·· '., l At no time . have I ever heard a c~laint in regard& to her
~;;Jc:laycare. ··1 ~;no longer live there ,"~bowever I do viait on a regular
,;-::. · _ i,ibaaia and ~·~t • with her neighbor•. To my knowledge there ia a
. · .... r b sre~t deal !_~y aa>ung Tonda and her neigbbora. . . . ·~ .. , ... , . -
·'·:·': :.'~·._'Bncloae i~-a1-buaineaa card if you have any queationa pl_ .. feel
·; free to cont~ct me.
~ I'".;,=;;:;_ Sincerely, ~ ;--. ·· .
. ,';'du,~,;_//J. ~··
Diana J. woft.e
Office Manager
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M1J 19,1996
To wlaom it my ooncem,
The folnnaa ii• 111•••1t • to the hip quality of dlild care provided by Tonda at her
..... Our ........ old--.,.. .............. about twoweeb. In tbe abort
-o1 .......................................... ....,.. ... in
oa Jncdoa widt ._ MW'V'OClllullry ..... receivirs _. ... -*'ad....., develop-
ills.,_ ... .,, ... .._ widl odllrcMlrail ...._.., NOliwils...-.,claJ care.
To -,dlll we ......... widl dlejobtlllt TCllllladoel widt aat CJIIIJ Joa but with
waydlild tlllt ...... ii a. care would bea vaybia ..... I C S .......... al
.,.., dlild ......... lowll ........ .., ............... u.,c..c...
11 .... _ ..................... .., ........ Aawt ll1 ... ....
iayday.,.oldlil ...... ilvay...,.•itwouldatmllleWIIIIID ....... cau:h
care CIIIIII'.
SiaceNly.
Gary T. Oibbl
JanioeF.
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May 16, 1996
To Whom it may concern,
Tonda Gatewood has been watching my children for three monthes. I
am very happy with her and plan on having her continue doing so. All the
children she watches are very happy and content My children have grown
to know and trust her, they would be quite upset if she could not continue
watching them. U you have any other questions pleue feel free to call me.
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April IClinger
761-5481
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Author: lhoffhinea at Englewood
Date: 5/17/96 02:34 PM
Priority: Normal
TO: dclark
TO: SBRADSHAW
TO: SGRACE
TO: DBROTZMAN
TO: LELLIS
Subject: Mary Ellia-Brown / 1015 w. Stanford Pl. day care
------------------------------------Meaaage Content•------------------------------------
PYI --
I received a call thi• afternoon from Ma. Gatewood (the peraon
about whom Mary Bllia-Brown i• complaining). She intend• to addr•••
Council Monday evening during the non-acheduled viaitora aection.
Subject:
Forward Header~---,,--~~~~~~~~~~~~~~~
Mary Bllia-Brown / 1015 w. Stanford Pl. day care
Author: STHOMPSON at BPD
Date: 5/17/96 9:36 AM
on Wedne•day afternoon May 15, 1996, I •poke with Mary Elli•-Brown in
the lobby at BPD. Mary proceeded to tell .. about her problem• with
her neighbor (behind) at 1015 w. Stanford Pl. Mary ••id the children
at that addre•• have been throwing thing• into her yard. Mary al•o
•aid there i• a day care at 1015 W. Stanford Pl. I advi•ed Mary I
would inve•tigate her allegation• about the day care and let her know
what I found.
On Thur•day morning May 16, 1996, I had a .. ••age from Mary ••king why
nothing had been done to cea•e the day care operation•. I re•ponded
to 1015 w. Stanford Pl. to •peak with Tonda Gatewood. Tonda ••id •h•
ha• been operating a day care at that re•idence for three year•. I
advi•ed Tonda that it wa• not legal to operate a day care in an R-lA
zone. Tonda •tated •h• would not cea .. her day care operation•
becau•e it wa• her only •ource of income. I left a copy of the zoning
ordinance and an application for a hoae bu•ine•• perait. I advised
Tonda that her application would not be approved but •be could •ubait
it anyway. I al•o advi•ed Tonda that after I returned to the office
and verified that a day care waa not allowed, I would be obligated to
i••u• her a •waion• every day •he wa• in violation. Tonda ••id •be
would never atop her day care operation• regardle•• of the nUllber
•uaaon• •h• receive•.
I returned to the office and reaearched the R-lA hoae occupation
ordinance and alao apoke with Harold Stitt who explained the hi•tory
of probl ... with that i••ue. I attempted to aake contact with Mary on
Thuraday evening but had to leave a .. •••ge with her hu•band.
on Friday morning May 17, I •poke with Mary and advised her of my
finding•. I told Mary that I would take appropriate action up to and
including a •UB1110n• to court.
Juat for info, thi• appear• to be the reault of a long •tanding
diapute between neighbor•. Nary told .. •he really doe• not have a
problem with the day care but would ju•t like the Tonda to leave her
alone. According to Mary, the Police have been called nuaerou• tiae•
for di•putea between ber .. lf and Tonda. Shouting -tcbe• bet-n the
two have occurred•• recently•• thi• aorning.
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Englewood City Council
3400 s. Elaai Saeet
Eflllewood, Colorado 80110
Dear Council Members:
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JEAN M. CHRISTMAN
2231 E. Ew-u A,_.
Eaalewood, Celendo •110
(313) 7'1-5181
May 8, 1996
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Plale accept my resignation from die Board of Adjustment and Appeals effective
immediuely followina die June 12, 1996 meeting. I have enjoyed aervin& die community u a
member of die board for die past two and a half years, but have penoaal commitmenu which
prevent me from serving my full tenn.
Sincerely,
Jean M. Christman
cc: Harold Stilt
John Smith, Chairpenon
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COUNCIL COlaUNICATION
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May20, 1996
10 ai
NTIATEDIIY STAFF SOURCE
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Subject
Concnlte Replacement District
1995 Asseument Ordinance and
Esiablishing Date for Public
Hearing
Depamait ol Public Woflla Chaltes Esterly, DireclDr of Public Works
COUNCL GOAL AM> PReVIOUS COUNCIL ACTION
Concrete Replacement Diltrict 1995 was aeal8d by Ordinance No . 18, Series of 1995, passed and adopted by
City Council on June 5, 1995 .
RECOIIIIENDED ACTION
Adopt a bill for an ordinance establishing assessments for Concrel8 Replacement District 1995.
Approve property owner notification of assessments and date for the public hearing on ~-
BACKGROUND, ANAL YIIS, AND ALTERNATIVES IJEN1FED
The purpose of this Dillrict ... for the construc:tion, inslallation, removal, and replalement ol curt,, gutllar, and
sidewalk no longer meeting City staldalds, IDgllw with nee 111• 'f iic:identall, on certain llrNla and avenues
within the Cly. CoMtnlction olthe Dillrictoccun9d belwNrl Augult. 1995 and December, 1995.
Resolution No . 37, Series ol 1995 declaring the inllnt ID 0.-ConcNa ~ Dillrict No . 1995 and
establishing • public hearing on the fol11aon ol eoncr.. ReplacelMllt Dillrict No. 1995 w adoplld and
approved on April 17, 19115. The public hearing on folnllllol, olConcNa ~ Dillrict No. 1995 was held
on May 15, 1995. Ordinance No . 18, 1995, c::rNling Concna ~ Diltrict No . 1995, waa paaed on
June 5, 1995 .
FINANCIAL .. ACT
Thnie-hundred thirty properties were included in Concrel8 ReplacMwlt District No . 1995. Ninety-four properties
were complell8d by homeowner permit, and 238 properties wll be Ill I II I Ii far the work.
Total costs for Concrete Replacement Dillrict No . 1995 ... folows :
Aaeuments
SemooA
$155,530.54
City Cost
SemooB
$341 ,200.00 $498,730.54
Total funds budgel8c:I for the City's portion of the District were $342,000 .00 .
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LIST OF ATTACHIENTS
Bill for an Ordinance ID establish m .. menta
Sample leaer notifying property owners of •wsments, and data and location of public hesing on
a11111menta
Sample leaer for Oeran9d A11111menta
Lilt of .... ,menta for lndMdual p!opeltiel
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ORDINANCE NO. _
SERIF.S OF 1996
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A BILL FOR
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COUNCIL BILL NO. 29
INTRODUCED BY COUNCIL
MEMBER _____ _
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
WlTIUN CONCRETE REPLACEMENT DISTRICI' NO. 1996 IN THE CITY OF
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE
APPORTIONMENT OF THE COST TO EACH LOT OR TRACI' OF LAND IN SAID
DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF
LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT
OF THE ASSESSMENTS.
WHEREAS, by Ordinance No.18, Series of 1995, paued on final reading and adopt.eel
on June 5, 1995, the City Council of the City ofEuglewoocl, Colorado, has c:reat.ecl Coacret.e
Replacement District No. 1995, within the City for the purpoae of comtruc:tm, and iluitaDing
paving, c:urb, ,utter, and 1idewalk improvements, together with ~ iDcidentab on a
certain 111:reet within the Diatric:t; and
WHEREAS, the improvements authorized by Aid ordinance have been IIUbatantially
complet.ecl, and the total COltl of IIUCb improvements have been reliably ucertaiDed; and
WHEREAS, an -ent roll has been prepared and a statement lhowing the total
COit of the improvements has been duly &led with the City Clerk; and
WHEREAS, from the ltatemeDt made and &led, it appean that the whole c:mt of the
improvements comtructed and ilUltalled within the Diatric:t ia *'96,730.54, ofwbicb amount
the City of Ea,-ood will pay 93'1,200.00, leaviac $155,530.54 to be .......S apimt the real
property within the Diatrict; and
WHEREAS, from lllid statement it alao ......,. that tbe City Cormcil has apportiaaed
a share of the whole COit to each lat or tnct al land within tbe Diatrict, iD acariaace with the
benefits to be derived by Aid property and in the proportiana and amounts --11y Nt bth
in "Emibit A• attacbed to thia Ordiunce;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
S@diAn 1. Couflnn•tiqp pf Anernmnt loll The whole coat and apportianment of
the 11111De, u set forth in the aueument roll, ia hereby approved and confirmed. Said
apportionment ia hereby declared to be in accordance with the apec:ial bena&ta which the real
property in the District will receive by niuon of the conatructioD and imtallatioo ol the
improvements. A share of 1aid COit ia hereby ___. to and upon each lat or tnct al land
within the District in the proportions and amounts u Nt forth in the u1111-t roll,
attached hereto u -Exhibit A•.
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Sectiqp 2. Payment pf A11rmcofl. 'l1u, 8118e88mentAJ shall be due and payable at the
office oftbe Direct.or of Finance of the City, OD or before November 8, 1996, in acc:ordance with
Section ll-2-7(C) oftbe Enclewood Municipal Code; provided that all auch uaeumenta may
be paid, at the elec:tioa oftbe property owner, in installment,,, with int.erelt u hereinafter Nt
forth. An allowance of 5'I, aball be made on all payment,, of -entAJ made oa or befiJre
Sept.ember 9, 1998, but not._....
Failure to pay the whale u1 v-,t an or befiJre November 8, 1996, shall be
conclusively c:oaaidend and held an electiaD an the part of all ,._. int.erNtecl, wbetber
under diaability or otbenriae, to pay in iaateD-,t.a. Additiaaally, -=b electiaD lball be
conclusively coaaidered to be a waff9I' of any ript to qUNtiaD the poww or jariadidiaD of the
City to comtrw:t the imaa.w-*-. the quality of the wart, the npJaritJ or ••ffl ar, of the
proceedinp, the validity or the~ of the 111 -*-· or the validity afthe lien
thereof.
In the event of an election to pay in innallmmtl, the u1 nmta aball be payable at
the office of the County Treasurer af Arapahoe County, Colondo, in ten (10) equal annual
inatallmenta of principal, the tint of -=b inatallmenta of priDcipal aball be due and payable
OD or befiJre the lat day of January 1997. Tbe n,meinder of the imitallmentw aball be due and
payable 11111:CeUively OD or before the lat day of January in wb year tbmeaftao rmtil paid in
full. Tbe tenth and lut imteUmmt aball be due and payable oa January l, 2I006. Inta.t an
the unpaid principal amount shall be at the rate oflix and ane-balfpercmt (6.H,) per
annum, c:ommencinc on the day followiDc the fint imt,eH-,t due date, and payable wb
year at the time of payinc inatallmmtAJ of w met.a. Tbe owner of any property not in
default u to any inatallmmt or payment may, at any time, pay the whale of the aDpaid
principal with accrued interest to the date of the nut a11 JDNDt imitaD-,t payment date.
Sedior s. Peo•Jgy k Defeylt or Nmpeywpt Pailun to pay any mateU-,t,
whether of principal or intenat, wbm clue aball caUN the whale of the mapaicl priDcipal to
become due and payable immediat.ely. Tbe whole amount of the aDpaid priDcipal and
accrued mtanat aball tha.a. draw inta.t at the rate eataNi+ed pmwt to Sectian 5-12-
108(2) and (3), c.a.s., until the date oftu aale, • prvrided by law. At any time prior to the
date of the tu aale, the owner may pay the amount al all unpaid in,tall-,ta with mt.at at
the penalty rate of -parcmt (1-.) per moath or fractiaD of a mantb, and all pm.W. and
com of collediaa accrued, and aball th8nuaNm be nnand to the riabt tberafter to pay m
inatallmmta in the w IDll!lW u if default bad not bem ......._
Secticr ,. Aewernent Ueo· Bemr:deticr All •• menu leried apimt the rNl
property in the Dutric:t, toptber-with all mterest tberean and pmaltiee ror default m
paymmt thereof, and all com in c:ollectia, the ume, aball camtitute, fnml the date of the
final publication of this Ordinance, a perpetual lim in the aevenl amoaatw uawecl apiDat
each lot or tract of land. Such lim aball have priority over all other lieu acept paeral tu
lieu and shall be eaforced in accordance with the .... of the State of Colorado.
Punuant to Section 31-25-522, C.R.S., a copy oftbia Ordiaaace shall be fUed with the
County Clerk and Recorder of the County wbereia wb lot or tract of land ...... ia located,
for recording on the land recorda al auch latl or lracta of land, and capiee of tbia Ordinana,
shall alao be filed with the County Tnuurer and the County"-'·
Stc;tigp 5 Arwemeote Aaioet Qivide,t or SuMiYided trw;t,. If any tract of real
property included within the Diatrict ia berNfter clmdad or lubdmdad into two or man IUCb
tract.a or parcell, the J>irector of Finance, with the auiltaace of the Diredm of Public Worb,
ia hereby authorized and directed to divide the a•nammt apinat IUCb tract in the ume
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propertion that tbe tract itaelf ia IUbdivided into two or more such parcels, and to certify t.be
reviled -ents to tbe County Treasurer.
Bedim 8 Sexv•bjljty. That if any one or more sections or parts of tbia Ordinance
llhall be IMijudpd unenforceable or invalid, such judgment shall not affect, impair, or
invalidate t.be remaining proviaiona of tbia Ordinance, it being tbe ·intention that tbe various provwons hereof are aeverable.
Bedim 7. Buoaler-All ordinances, or parts thereof, inconaiatent or in conflict
batewith are bat-eby repealed to the ntent only of such inc:onsiatenc:y or conflict.
Bedim 8. Bt1DAI· In -,lance with the City Charter and t.be Municipal Code of
tbe City, the City Council ahall hold a public bearing on tbia Ordinance, on Monday, .July 1,
1996, at 7:30 P.M. or at auch latw time as tbe City Council ia able to bear it in ita normal
course.
Bedim 9 PJ•bUrat;m IP4 Eft'11GW'fl Date. Thia Ordinance, after its final paaaage,
aball be numbered and recorded, and the adoption and publicaticm aball be authenticated by
tbe aipature of the Mayor and the City Clerk and by t.be Certificate of Publication. Thia
Ordinance ahall become efl'ective thirty (30) daya after publication following final paaaage.
Bedim 10. IW,a:ad AIHMrntDY· A Special Awment Deferral Procram ia
available to elicible citisena in Concrete Diatriet No . 1995, who meet the requirements.
Applicationll for the Special Auaament Deferral Procram muat be submitted by October 7,
1996.
lntrodw:ed, read in full, and puaecl on fint reading cm the 20th day of May, 1996.
Publiabed u a Bill for an Ordinance OD the 23rd day ofMay, 1996.
Tbomu .J . Burna, Mayor
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City of En,lewood, Colorado, bat9by certify
that the above and forecainc ia a true copy of a Bill for an Ordinance, introduced, read in
full, and paued OD fint reading Oil the 20th day ~ May, 1996.
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CITY OF ENGI.EWOOD
Concreta Replacement Dlatrict 1995 -AaNument Roll
1971-3,-2-02-019 N
LOTS 39-,o IIUt 10 IJ>LDfXU>
CARSCII, caAIIMI D 5 cr.TBllDIS A, J't ~
2735 s . ACC1a ft.
SNQLSIIOCD, CO 10110-1503
1971-3,-2-02-018 N
LOTS 37-3111Ut 10 IJ)LSlfXU>
WDhi, ICIIISTDI L 5 NclaJLLD', IICllml1' D, J't ~
21,3 •. ACC1a ft .
~. CO 10110-1503
1971-3,-2-02-013 N
LOTS 27-28 IIUt 10 IJ)LSlfXU>
BIUDGS, DAVID N 5 ftUSA L, J't ~
2785 S. ACC1a ST.
~. CO 80110-1503
1971-3,-2-02-012 N
LOTS 25-26 BLlC 10 IJ)LSlfXU>
GIIallT, N HIUtLDIS
2795 S . ACC10. ST.
~. CO 80110-1503
1971-3,-2-01-012 N
LOTS 23-2, BLlC 9 IJ>LSWIU>
1971-3,-2-10-002 N
W 1/2 or LOTS 1-3 IIUt 16 IDLSWDD
WAITS, ICSLLSY
2100 S. ACCIO. ST.
IDICLDIIOOD, CO 10110-1506
1971-3,-2-0t-025 N
LOTS U, ,1, Cl IIUt 15 IJ)I.&lfIU)
acaall, GRACI: R IJtDVOCAaLS LIVIIII: 'flllJft
3932 97TH PL.
'NSS'?NDISTKR, CO 10030-2630
1971-3,-2-09-017 N
LOTS 31 5 32 IILK 15 IJ>LSWILD
VANDSL, DI.IDI r
2865 S. ACCIO. ST.
IDICLDIIOOD, CO 10110-1505
1971-3,-2-10-0l, N
• 21 nor 23 ALL 2, IILK 16 IDI.DfII.D
AIIAGCN, Al.AN S 5 DKBIIA L, JT ~
2111 S. ACCIO. ST.
IDICLDIIOOD, CO 80110-1506
1971-3,-2-19-020 N
LOTS '5-'8 IILK 23 SPS&U 8Dlff ADD CIIUIICII
tarrLOlll:a COIIG:ll&CJ.TICIIAL CIIUIICII or ~, TD
3009 S . ACCIO. ST.
IDICLDIIOOD, CO 10110-1509
2735 S MXla ST
$507.26
27'3 S MXla ST
$357.21
2715 S MX'la ST
$910 .'3
2795 S ACc»a ST
$912.29
2798 S MXla ST
$616.60
2800 S ACQA. ST
$710.26
2801 S MXla ST
.330.59
2165 8 MX1a ST
,250 .26
2111 8 N::aa ST
'566.66
3009 S N::aa ST
,2,st1.2t
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Concrea Replacement Dlatrlct 1995 • Aueament Roll
1971-34-2-19-015 M
LOTS 35-36 BLlt 23 Sft&RS 8DlfY ADD
aan, CARI.OS II: ' SHELLD: It, J"t UN
3045 S. ACC10. ST.
&111:LSNOOD, CO 80110-1509
1971-34-2-18-031 M
LOTS 12-13 BLlt 2C SPll:mlS 8DlfY ADD
m•AIIICH, .JOHii D ' ROUSS, iau:s A, J"t UN
3046 S . .MX1Na. ST.
&111:LSNOOD, CO 80110-1510
1971-34-2-19-009 N
LOTS 25-26 BLlt 23 snzas 8DlfY ADD
aan, NIUUI.nt 1t
3017 I. ACC10. ST.
~. CO 10110-1509
1971-34-3-01-003 M
LOTS 5-6 BLlt 1 ms ADD
RALL, NACJt '1' , SAIIDltA N, J"t UN
2800 S. CIISIIOJtSS S'l'.
~. CO 80110-1421
1971-34-3-01-006 N
LOT 11 , N 23 rr 01' 12 BLlt 1 ms ADD
NII.I.Sll, DmA DANN
495 II: . OXJOltD AVS .
~. CO 80110-4733
1971-34-3-lC-012 N
II: 75 l"r 01' LOTS 23-24 BLlt 3 SQ UNLDIS 8DlfY ADD
SALAS, U.S'l'R M
3201 S. ACCla. ST.
~. CO 10110-2413
1971-34-3-14-009 N
LOTS 17-18 III.It 3 SQ UNLDIS aDlff ADD
lla:TII, STUUl'l' , ltMICIIA
3018 S. GIIAlft' ST.
~. CO 10110-1617
3045
3046
3017
3114
3142
3201
3231
S ACCIO. S'l'
$161.49
S ACCla. ST
.271.59
S ACCla. ST
'305 .74
S ACCla. ST
$183.14
S ACCla. ST
$695.49
S ACCIO. ST
.491.H
S ACCla. ST
'139.1'
1971-34-3-00-033 N 3273 S ACCla. ST
•c; A'1' N LINS 01' S 1/2 01' S 1/2 01' D 1/4 OI' -1/C , W LDII OI' ACCla. ST '1'B S
DAICIAO PAafllSUIIIP
2047 •. ~'l'OII C'1'.
ADIIClltA, CO 80014-1038
2077-03-2-13-014 N
LOT 16, N 20 l"r 01' 15 III.It 2 SNm.&a)CD R'l'S
LACOON't, NICHA&L D, SIIANNCII N, J"t '1'SII
3601 S . ACCIO. ST .
DIGLSWOOD, CO 80110-3655
2077-03-2-13-013 N
LOTS 13, 14 , S 5 l"1' or 15 Ill.It 2 m:I.DIOCD R'l'S
GU'fllllD:, DOOCI.AS .JOIDf , 'l'UUM N, J"t '1'SII
3605 S. ACOMA ST .
SIIQLDICOD, CO 80110-3655
3I01
3I05
'139.1'
S ACC1a. ST
'393.53
S ACCla ST
,119.20
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Concreta Replacement Dlatrtcl 1-· All I I I anent Roi
2077-03-2-27•011 M 3792 I ACCla. ff
LO'l'S 23•2C aut I 11AM, KILLI&S IIDWY HTS
lalfTClf , ~ W , VIRGINIA, JT DN
3511 S . ND.LIPS CIR .
~~. CO 10122·36CC .217.11
2077•03-3•02•02C M 3901 I ACCla. ff
LO'l'S n-ca aut 2 JM:ltSONS IIDWY HTS
aooKS. »-LIA
3901 S. MXlla ff. ~. co 10110-c620 ,1,20,.c6
2077-03•3•01-00C M 3926 I~ ff
LOTS 7-8 BUC 1 JM:ltSOlf8 8Dlf!' HTS
CATTSLL, LAJalEMCI: S
3926 S . ~ ST.
~. CO 80110-C621 .721.CO
2077•03·3-2C-001 M C200 S ~ ff
LOTS 1-C BUC 32 JM:ltSOlfS 8DlfY HTS
~ CREZJC BAP'l'IST CBtJRCR
C200 S. MXlla ST .
SNCLS1IOOD, CO 80110 $C86.08
2077-03-3-2C-002 M C218 S ~ IT
LOTS 5-6 BUC 32 JACKSONS IIDWY HTS
IIOB&RTS, WADIS L , PATRICIA G, JT DN
3681 &. OacJIAIID RD.
LITTLETON, CO 80121-305C $696 .05
2077-10-2-00-012 M C639 8 ~ ST
ll&G 330 ff N , 376 ff W OF 8S CCR OF 11W 1/C TRW 125 ff TH N 60 ff TR S 125 F
tJIIGUIIART , .JOIDf S
C6C1 8. ~ IT.
IDIGI.SIIOOD, CO 80110-5739 $529.16
1971-35-2-03-005 M 1111 S Atal&IUIT AVI:
LOTS 10-12 BUC 1 .JSWSTT P.AltK
ANDSRSON, MICHUL 8 ;, I.DIN A, JT DN
1111 S . ~T AVI:.
~. CO 80110-1711 •• ,3.79
1971•3C·2-02-011 M 125 W ....asT AVI:
LOTS 23-2C IILlt 10 IDI.DrIU>
DAVIS, ms r ' n.oasNCS A, JT DN
2796 S . IIANNOCX IT.
IDIGI.SIIOOD, co 80110-1515 •75.61
1971-lC-2-03-020 MV
LOTS 39-CO IIUt 11 IDLSWILD
80HAN, llllIAN P, IICNlfD L, JT DN
2737 S. IIANNOCX ST.
~. co 80110-151,
1971•3C-2-02-006 N
LOTI 11·12 IIUt 10 IDLSWILD
NaaaHALI., atJTII N , IIIAIIIClf, JT DN
27C2 I. IIANIIOCJC IT .
DllilLS1ICCX), CO 10110-1515
2737 I u-,cx ff
,,01.20
27'2 8 u-,cx ff
• .
I.
0
1 32xl
•
.. ------------------------
• •
,.
CITY OIF ENGLEWOOD
Concreta Replacement Dlatrlct 19N -Aa••ment Roll
1971-3,-2-03-018 H
LOTS 35-36 8Llt 11 D>LSWII.D
ll'ltAff , QI.at C r, CZRDDDS JI: , JT ftlf
7178 S . LINCOUf WAY
Lr:'1'LJl:'?ON, CO 10122-11,,
1971-3,-2-02-009 H
LOTS 19-20 8Llt 10 D>LSWII.D
~. NANCYJ
277, S . IIANNOCIC IT.
IDIQLDIOCID, CO 80110-1515
1971-3,-2-15-02, H
LOTS ,7-'8 III.IC 19 snsas 8IJllr ADD
DOlllll:Y, ftJUlT Ar, CAIIOLS A, JT DII
2901 I. IIANNOC1t 8T.
IDIQLDIOCID, CO 10110-1518
1971-3,-2-20-02, H
LOTS •5-U III.IC 22 snsas 8IJllr ADD
IPOClNDl, .JMII: 11:LIZABl:TH
P.O. BOX 261
~. co 80151-0261
1971-3,-2-19-005 H
LOTS 19-20 BLJt 23 snsas IIDlfY ADD
BAIIIIIIOLT, GARY D
3088 S . IIANNOC1t IT.
~. CO 80110-1521
1971-3,-3-03-023 MV
LOTS ,5-U III.IC 3 ms ADD
IANDOYAI., LOUIS r. KATIILSD, JT 'fD
3111 S. IIANNOC1t IT .
~. CO 10110-2,15
1971-3,-3-02-006 M
LOTS 13-1' III.IC 2 ms ADD
GIRAY, CIISRIS I r, :mao'l'ICllf, c:aut.al N, JT DN
3150 S. IIANNOClt IT.
DlaL&1ICOD, CO 10110-2,16
1971-3,-3-02-009 M
LOTS 19-20 III.IC 2 ms ADD
D.ISAM, CALVDI OTIS
,652 I . VIVXAN CT .
IC)IIRIICllf, co eo,65-1150
1971-3,-3-1,-003 M
Iii 7 n or 6 ALL , r. 5 8UC 3 I c; UNLDIS aDlft' ADD
&PPSUON, LSIL&Y
3212 I . 8AIINOCJt IT.
~. CO 10110
1971-3,-3-13-021 M
LOTS 19-20 8Llt 2 I c; UNI.DIS aDlft' ADD
ll»IC, IHIOU YtJN
2207 & • DAllDOJTII Cill.
~. CO 10110-3053
27,9 S BANNOCK IT
,,7,.31
2n, S 8AlalOClt IT
$128.73
2901 I llu.x:K IT
$'85.16
3009 S IIAl9IOClt IT
$507.26
3088 I 8AlalOClt ST
,2,5.78
3111 S IIAl9IOClt IT
$593 .90
3150 I IIAl9IOClt IT
$533.50
317' I IIAl9IOClt IT
$217.11
3212 S IIAl9IOClt IT
$Hl.79
3215 I IIAalOClt IT
'211 .'1
,.... . .,,.
..
I • •
0
'32 x l
•
.----------------------~--
•
·, •
(,
CITY OF ENGLEWOOD
Concrete Replacement Dlatrtct 1195 -Aa•N•ment Roll
1971-34-3-14-004 M
S 18 FT OF LOT 6 ALL LOT 7
ZIEGLER, PERRY A , SUSAN II:,
3230 S . BANNOCK ST .
11:NGI.11:WOOD, CO 80110-2418
3230 S IIAIMXK ST
, N 13 rr or LOT 8 IIUt 3 S G DNLINS 8Dlff ADD
JT Tat
1971-34-3-14-006 M
S 6 FT OF 10 ALL 11-12 BLK 3 S G DNLIH8 BDlff ADD
11:Pll:N, RALPH C , VIBGINIA J, JT Tat
5213 S. IJIONTON WAY
ll:Nl:Lll:1iOOD, co 80111-3822
1971-3,-3-13-016 M
LOTS 21-22 ABBOTT& SOB 2ND FLG
ANTHONY• 11:LLA ta&
3265 S . BAIINOClt ST.
ll:Nl:LS1ICOD, CO 10110-2,17
1971-34-3-13-015 M
N 6 1/2 FT or LOT 18 ALL LOTS 19-20 A880T'l'S SOB 21'D FLG
YOONG, Al.Vll:NI: 8
3271 S . BANNOCK ST .
ll:Nl:Lll:1iOOD, CO 10110-2,17
2077-03-3-26-018 M
LOTS 39-,o BI.IC 30 JM:ltBQIS 8Dlff HTS
LARSll:lf, LAltllY D , MMlY .JO, JT Tat
,235 S. BANNOCK ST.
ll:NCI.SIIOOD, co 10110-,,07
2077-03-3-25-005 M
LOTS 9-10 BI.IC 31 ~ 8Dlff HTS
CASll:Y, DIC , l.AUltA, JT TD
'236 S . IIANNOCJt ST.
11:N1:LS11COD, co 10110-,,oe
2077-03-3-25-008 N
LOTS 15-16 BI.IC 31 JM:KSQlf8 8Dlff HTS
STUSm, IIANDALL C , P~ G, JT TD
4260 S . IIAIINOCIC ST.
11:N1:LS11COD, co 10110-,,oa
2077-03-3-26-015 M
LOTS 32-33 BI.IC 30 .DCKSONS 8Dlff HTS
PADILLA, Dll:BltA A , P&AS&, NUl'ftlA C
4263 S . BANNOCK ST .
DIGI.SIIOOD, co 80110-,,07
2077-10-2-30-008 M
IIUKLSHJUaf, BNaY C
,&70 8 . IIANNOCJt ST .
ll:Nl:LS1ICOD, CO 80110-5718
2077-10-2-29-012 N
LOT 12 IILK 6 Gall:ll:MI SUB 211D FLG
.. YU, IICNAU> It
,,11 S . IIAIINOCIC ST .
ll:IICILll:1IOC, CO 10110-5717
t501 .32
32'6 S IIAIMXK ST
t836.5'
3265 8 IIAIMXK ST
t166.'9
3271 8 IIAllllOCK ST
t6o .5,
,235 8 IIAllllOCK ST
,1111.12
,236 S IIAllllOCK ST
,,o,.u
,2,0 S U..oc::K ft
.312 .23
.279.55
'670 S UaalOCX ft
,1,0,0.u
'611 8 U1a10C1t ft
'132.N
'
I • •
0
'32 x l
•
•
0
•
CITY OF ENGl.£WOOO
Concreta Replacement Dlatrlct 1195 · Au••ment Roll
1171-35-2-08-002 M
LOT I U S 3 ff III.It 1 KDaI.& DOff PAD
CJNafS, DANUL
1211 S. BATSS PICY.
~. CO 80110-1758
1211 & MDS Pia
2077-10-3-20-008 M 701 W 11KLI.SVXSW AV&
W 133 ff 01' S 163 ff LOTS 7-8 U I 5 ff 01' LOT 8 JILK 1 vtleiaLAU. S08
111UQHT, J KSN'1' 5 LOTTIE LS& IIAllDl&ft IDl'nl&ll ll&ALff, 'l'Jt8T
4321 W. 44TH AV&.
D&NV&Jt, CO 80212-2302 $477.06
2077-08-3-03-034 M
LOT 4 BLIC 44 CDffDINDL ACUI 7TB n.c:
BOD&, l'RANCSS I
3384 W. CDHMIQO AV&.
~. CO 80110-6312
1171-34-2-04-017 M
LOTS 35-36 IIUC 12 IDLSWIU>
IPRDaa.S , J&AIINSTT& M
2751 I. CH<OKS& ST.
~. CO 80110-1418
1171-34-2-15-011 M
LOTS 21-22 IILK u snaas BDWr ADt>
TONIUIIO, aoc;sJl R 5 IIOU, IJIAllCII A, JT TU
2116 S. Cdl.OIC&& ST.
~. CO 10110-1423
1171-34-3-04-017 M
LOT 5 DNRY ADD TO Dll:LSIIOCD
IIATHAJOJ, ll&RITA L
3143 I. CDPCWSK ST.
~. CO 10110-2326
1171-34-3-04-013 M
LOT I UDY ADD TO Dll:LSIIOCD
11M>UICR, DAVID L 5 SUSAN It, JT TU
3171 I. OiSPCWSK IT.
~. CO 80110-2326
1171-34-3-04-012 M
LOT 10 HDGlY ADt> TO ~
DUNBAR, MIUUAN L 5 I.OBSL, LAllllmlCI: M,
1336 I. ZSPIIYJt CT.
LAKSMOOD, CO 80232-5358
1171-34-3-13-012 M
LOTS 11-13 ABIIOT'l'S ltJ8 2ND rI.Q
SWAYZS, KJIUSL
28352 SIW)Olf tOJN'1'AIN DR.
CONil'l:R, CO 80433-1622
2077-03-3-20-016 M
N 112 or LOT 32 ALL 33-34 m.at 20 oJJ1CUC111 IDft m
ITDII:, NMIGIE I
4161 I. CDIIOK&I: IT.
~. CO 10110-4613
3384 W CPPNNIQO AV&
.810.33
2751 S Cii&iv.)I(&£ IT
$75.68
2116 S CDIIOlCSI: ST
,128.73
3143 I C HIKm l'1'
•405.11
3171 I WWW& l'1'
3175 I C :&IIIOICSI: ff
.270.51
3210 8 • ...... l'1'
.... 41
4111 I C HliitOal l'1'
,,s1.SJ
..
I
•
•
• I•
•
CITY OF ENGlEWOOO
ConcN19 Replacement Dlatrtct 1995 -AH••ment Roll
2077-03-3-27-023 M
N 23 FT OF I.OT C7 ALL LOT CB BLlt 29 .JM:ltSOIIS BDlfr HTS
IVES, Ja:ITH
C201 S . CHEROKEE ST.
~. CO 80110-C615
2077-03-3-27-021 M
N 23 FT OF LOT U ALL U BLlt 29 JM:aONS BDlfr HTS
BRONN, I.SO V 5 CYN'l'IIIA 1QN, JT ftN
1316 N. CASTLSWOOD DR.
ll'RANltTOIIN, CO 10116-9010
2077-03-3-27-020 M
LOTS u-,2 5 S 2 rt or C3 BLlt 29 JM:ICSClfS BDlfr HTS
BOS'l'RCIM, RICRAII.D A 5 SUSAN Q, JT TSN
C221 S. CHSROKEI: ST.
~. CO 80110-C615
1971-3C-C-16-029 M
LOTS 39-CO 5 POR VN::. ST ADJ BLlt 8 IIAN'l'RORN
!COTO, PAUL Y
767 S. QRAn ST.
DENVER, CO 80222-2329
1971-35-2-23-0C5 M
I.OT C7 BI.IC 2 ARAPAHOE ACRES StJB
MIUOI, LS& R
1310 S . CCIIQISLL AVS .
~. CO 80110-3008
1971-35-2-17-010 M
LOT 10 BI.IC 1 UAPAIICS ACRSS SUB
CCltLl:Y • DCNNSI.L
1313 S. ccmaLL AVS .
IDIQLSIIOOD, CO 10110-3007
1971-35-2-17-016 N
LOT 16 III.IC 1 UAPAIICS ACIISS SUB
IISI.CII, nsDRICK J 5 8IRI 8, JT ftN
1'21 II:. CORNSLL AVS.
SNCI.DIOOD, CO 10110-3009
1971-3C-2-22-023 N
I.O'l'S u-ca 8Llt ' • Q HANLIN& ADD
JIMISON, SRIC A 5 IINl8AJI~ R, JT ftN
COC If. COIQISLL AVS •
SNCI.SNOOD, CO 10110-1C53
1971-35-2-23-0CO M
LOT C2 III.IC 2 ARAPAHOS ACIISS 8UB
NOI.K, NIU\TIIA A
3021 8. COIQISLL CIR .
IDIQLSIIOOD, CO 10110-3012
1971-35-2-23-039 N
I.OT C 1 8I.K 2 AIIAPAIICS ACIISS 8UB
aAS'l'SCAR, KAIIDI J
3025 8. COIQISLL CIR.
~. CO 10110-3012
C201 S CIISIIOICS& IT
$158. 98
C217 S CIISIIOICS& IT
$335.66
C221 8 CHKBOKEJ: ST
$C80.73
32C3 8 CLARKSON ST
1310 S COIINSI.L AVS
$1,787.91
$1,718.92
1'21 S ~LL AW
$1'1.09
COO W ~LL AW
$1,311.CI
3021 8 ~LL CIR
$323.19
3025 8 ~LI. CIR
$297.15
,.. 7,124
..
I
•
•
• •
CITY Of ENGI.EWOOO
Concreta Replacement Olatrlct 1995 • AaNament Roll
1971-35-2-2C-002 M
L0'1' 5 BI.IC 5 AIUU'AIIO& ACIIZS SUB
PSNftLOlf, .JOHN E
3029 S. CORIQ:LL Cill.
~. CO 80110-3075
1971-35-2-07-010 M
S 63 l"1' 01' L0'1' 7 , If 8 l"1' or L0'1' 6 IILK 1 V TXPNNf 8Ua
USLl:Y, .JOSSPRna: A
2875 S. CORONA ST.
~. CO 80110-1719
1971-35-2-07-009 M
ROBLl:S. (ZRAlU)() M ' aoa ANNA L, JT ffll
2885 S. CORONA ST.
DICLE1IOOD, CO 80110-1719
1971-35-2-21-009 M
T!.'.l'l'S 17-18 BI.IC 8 EVANSTON 8Dlff ADD
Mll;(lll:LL, DAVID J , I.CINIA L, JT ffll
·~.'.nl S . HIGHLAND DR.
LIT'?t.11:'l'ON, CO 80120-3908
19'1-35-3-19-001 M
LO::S 1-2 BI.IC U SVANSTOIIS 8Dlff ADD
DtJ'l'T, .JOUPRna: D
3302 S. ccaotlA ST.
~. CO 80110-2827
1971-35-2-23-009 N
L0'1' 10 IILK 2 AMPAIIOS ACIIZS 8UII
DnR, CRAIG D
1321 11:. DARDIOUTII AW.
~. CO 80110-3039
1971-35-2-23-010 N
L0'1' 11 BI.IC 2 AMPAIIOI: ACIIZS 8Ua
P:muotf, JUDITH gQGS
1331 II:. DARDIOUTII AW.
DICI.E1IOOD, CO 80110-3039
1971-35-2-23-011 N
L0'1' 12 BI.IC 2 AMPAIIOE ACIIZS 8UII
UUJtN • DM'1' D
13U II:. DARDIOUTII AW.
DICI.E1IOOD, CO 80110-3039
3029 S CORNELL Cill
$1,133.58
2875 S CClllCNA ST
$1,H3.36
2885 S CCIICla ST
$1,292.28
306' S ccaaa ST
$U3.79
3302 S CClllCNA ST
$1,265.19
1321 • DAmllDll'III Aff
$2,'51.53
1331 • W>l'III Aff
$2,731.CO
13U
$1,250.CO
2077-08-C-09-0CO N C752 S ~ IT
S 3C .85 l"1' or L0'1' 6 U aG 8lf COR SD L0'1' TH D 5.5 ff ft a 10,.11 ff ft -I
talCADA, ntANCIS G
C752 S. DECA'1'0lt ST .
IDIGLDIOOD, CO 80110-63C5 $173.01
2077-08-C-09-0Cl N C760 S DSCA!Ua IT
THAT PART or LOTS 6-7 lmSC U aG • coa L0'1' 7 ft• 5.5 ff ft a 10,.11 ff T
DLLl:Y, DANN DUIIIIMC
C760 S. DECA'1'0lt ST .
~. CO 80110-63C5 '13'.J2
• .
I •
0
1 32 x l
•
-~------------------------
•
. ' •
CITY OF ENGL.EWOOO
Concret. Replacement District 1995 -Aawement Roll
2077-08-,-01-0,2 N 4762 SDI:~ IT
POa LOT 7 D&SC AS UG 10 l"r D or SW COll SD LOT TR D 28. 35 l"r 'ftl a 107. 37 r
CilltAINGZR, HAR1lY IC
4762 S . D&CATOR ST.
&NCI.&WOOD, CO 80110-6345 $32 .53
2077-08-,-01-043 N 4770 s DI:~ IT
PART or LOTS 7 5 8 DSSC AS aG 36. 88 l"r D or • COll LOT 8 'ftl a 115 . 23 l"r TR
SCHULTZ, JUDITH MIN 5 LOSSSSll, SLIZABSTR JOSSPBID, J't TDI
4770 S. DSCATOR ST.
&NCI.&WOOD, CO 80110-6345 $246.86
2077-08-,-01-044 N
'1'RM' PART or LOT 8 DSSC AS UG SW COil SD LOT TR D 36.88
SAI.AZAll, 8UatNI JAZZ 5 .JUI.SI: DY
4772 S . DSCATOR ST .
&NCI.&WOOD, CO 80110-6345
1171-34-2-06-001 N
LOTS 33-34 8LIC 3 TSIUlY ADD
ULIN, .JOHNNY J 5 D J AMANDA, J't TDI
P.O. BOX 10152
DSNVSR, CO 80250-0152
1171-34-2-06-007 N
LOTS 29-30 8LIC 3 Tl:lUlYS ADD
QIISDISR, NUllC A 5 IWTB N
2175 8 . DSI.AIIARS ST.
DIGLS1ICOD, CO 80110-1433
1171-34-2-14-011 N
LOTS 23-24 8LIC 20 Snuta IDWY ADD
COY, .JOYCI: D
11162 &. ~ AVS.
ADIIICaA, CO 80012-1210
1171-34-2-21-006 N
LOTS 11-12 8LIC 21 Snuta IDWY ADD
IIASll1,N, llICRAIID IIAIIDSN
3030 S. Dst.\1Gllm ST .
SNl:LSIIOCD, CO 80110-1438
1171-34-2-22-0ll N
LOTS 35-36 8LIC 4 S G R»CLDIS ADD
GI&SSN, Dalo D 5 PHYLLIS A, J't TDI
3053 S . Dst.\1Gllm ST .
~. CO 80110-1437
2077-03·2-03-003 N
LOTS 5-6 IILIC 1 SICSUITTS ADD
PAIIIISSS, IIQfAU)
336 W. IIANl'DSN AVS .
DIGLS1ICOD, CO 10110-2307
2077-03-3-20-005 N
LOTS 1-10 8LIC 20 .rms 8Dlff 11'1'8
SIGaTZ, JSIIA L
4134 S. DSLA1Gal: ff.
IDIQI.StlOOD, CO 10110-4550
4772 8 DS~ ST
l"rTHSS 115.23 l"r T
$117 .98
2863 S OSI.ADD ST
$131 .16
2875 S DSI.AJaU IT
$4'1.6'
2HO S D&ttau IT
$315.40
3030 S DCtau ff
$139.16
3053 S DSLAIIAD ff
$561 .26
3520 s DSI.\1laU ff
$577.00
4134 • Da.llllJIS ff
M02.ot
,....,.,,.
.,;
I •
0
•
•
• ,. -
CITY OF ENGLEWOOD
Concrete Replacement District 1995 -Aa .... ment Roll
2077-03-3-20-006 M ,1,0 8 DSLAJIABS ST
LOTS 11-12 8LX 20 JACKSONS m:JIIY HTS
AYALA, .JOHN F 5 CIIERYI. M, JT ftN
,1,0 S . D&I.AJllUIZ ST .
~. co 90110-,550 $907.,9
2077-10-2-0,-010 M ,370 S D&LA1IAlm ST
LOTS 20-21 8LX , WOLLDftlSURS IDlff HTS 2ND ADD 1IBN PLAT IS nLZD lmSC AS •G
IGI.LINC, 1IAm I. 5 JtJDITH a, JT ftN
,370 S. D&I.AJllUIZ ST.
~. CO 80110-56,3 $187.22
2077-10-2-20-001 M
LOTS 1-2 8LX 2 WOOllNNIS SU8
UGORDIS, NOUD A
,500 D&I.AlfAltE ST.
KMGI.SIIIOOD, CO 80110-56,7
2077-10-2-20-002 M
LOTS 3-, 8UC 2 IIOCQalfS SUB
SHODGUCZll, &t>ITH MIUlll
,510 S. DSLAJIABS ST .
SNGI.1:1100D, co 80110-56,7
2077-10-3-0,-007 M
LOTS 15-16 8LX 5 I.D:l.AND HTS
I.EVDIE • MMUC I.SJ:
2303 II:. DAll'D«XJTB AVE.
KMGI.SIIIOOD, CO 80110-3079
2077-10-3-13-007 N
W 133 FT OF LOT 7 III.It 3 lroRHIU SOIi
PAIUCll:ll, IIDIRY H .JJl 5 JOYCII: II:, JT TD
,886 8. Dll:I.AIGUQ: ST.
KMGI.SIIIOOD, CO 80110-6515
2077-10-3-2,-006 N
LOT 11 Dll:I.AJIARII: HTS
COlGIKJl, I.Aallr D 5 HANCII:, PAftICIA A
,880 s. WASHillGTON sT.
KMGI.SIIIOOD, CO 80110-6928
1971-35-2-20-005 M
LOTS 9-10 8IJt 10 W H 111:ffS 1ST ADD TO llYMl8TQI
CAI.AIIAN, 80BBIII: V 5 DffY A, JT ftll
3036 8 . DONNDIG ST.
ll:IICI.ll:1IOO, CO 80110-1735
1971-35-2-20-006 M
LOTS 11-12 III.It 10 W H •ns 1ST ADD TO llYMl8TQI
CIIOlfl'OOT, JOHN C 5 IIAIIUIIII. I., JT ftll
1733 CONCoaD ca.
l'OllT COLLINS, CO 80521-1101
1971•35·3-18-002 N
LOTS 3-, 8UC ,o ll:VMll'fQIS IDlff ADD
ICleall, GIISQOllY P 5 <:rm, UI'fA aacaa., JT ftll
3312 S . DONIIINC IT.
ll:NQl.ll:tllOC, CO 10110-2909
,500 8 DSLAJIABS ST
$99'.50
'510 8 DSLAJIABS ST
$1,3'6 .87
,770 S Dll:I.AlfAltl: ST
.290 .07
'886 S DKI.AIIUIII: 8T
.177.'7
5070 8 D11:LAD1111: 8T
.577.96
3036 S DCJlllfDlr; ST
$1,331.51
30'6 8 DCIIIIIING ST
,,50 .12
3312 S DCIIIIIING 8T
,1s1."
• .
..
I •
0
•
·--------------------------,
• •
(.
CITY OF ENGI.EWOOO
Concrata Replacement Diatrict 1995 -AaNament Roll
2077-02-2-0,-018 N
LOTS ,,-,6 BLlt 1 RIGGDIS S 8Dlrr R'l'S
~ • .Dltl:S L, CAIIOL J, JT DN
535 ftNNNOOD CIR.
&lll:I.SIIOCID, CO 80110-6123
3511 S DQIMDIC; ST
'352.33
2077•02-2-03-006 N 3560 S DCIIIIIDI!; ST
If '5 ft 01' S 77 1/2 ft LOTS 7-12 IILlt 2 DIACaJl8 USQ8 01' IWlt ,, SX STS VSIIOa
WIIJ.INCIICM, mR L , IIOLalA N, JT BK
3560 S. DOIINDIG ST.
~. co 80110-3150 •72,.15
2077-02-2-03-007 N 3570 8 DCIIIIIDI!; ST
N 12 1/2 l'T OF LOT 13, S 32 1/2 l'T OF LOTS 7,8,1,10,11, 12 IWlt 2 'fKAGZa8 U
DITZ, .JSl'l'Rl:Y J
3570 S. DONNING ST.
~. CO 80110-3150 •30,.01
2077-02-2-03-008 N 3510 S DCIIIIIJJIQ ST
S 25 ff 01' LOT 13 ALL OF U BLlt 2 DAGmtS USUB 01' IILlt , VSIIOa PL D ITS 5 V
l'CaBSS, LIDA MN:
2611 S. LDILZY CT.
DUVSll, CO 80219 •30,.H
1171-35-3-11-001 N
LOTS 1-2 11L1t 23 SVAIIS'fCIN a.r ADD
ICIUUl, JUCIIAIID LLO'lt> 5 L'l*S N, JT TDI
1000 S. SAS'!MAN AVS.
~. CO 80110-2811
1171-3,-3-0&-012 N
LOT 12 8Llt 1 tJHUaN S1JII
TAYLOR, DafAU> LS&
515 W. SAS'!MAN AVS.
DIGLSIICCD, CO 10110-2313
1171-3,-3-06-011 N
LOT 18 8Llt 1 tJHUaN SOB
BAlUUS, SANJSL IIIISff
3151 S . SLATI ST.
1000 S SA8'llall AVS
'1,371.00
595 W &U9all AVS
n,oo,.o,
3151 I SLAS'I ST
~. co 80110-231, ,s11.37 -----------------------
2077 -03 -2 -o, -o 12 N 3530 8 SLAS'I ST
LOTS 17-26 IILK 1 ~
l'DUIT NATL IIAIIIC OF SlCLSIIOCD I CLSYS'f'IIDST UALff DIYS8'ICa8
2001 CIIOClCSlt Ill).
11SSTLAICS, OH ,,1,5-6166
2077-03-2-17-013 N
LOTS 1-3 BLlt 11 ~
CONMff, IAN J, LDIDA L
3830 S. SIISJIIO.N ST.
~. CO 80110
2077-03-2-17-01& N
LOTS 12-13 IILK 11 ~
KlWl'INMllf, CHAal&S M ' umna A, JT !D
3115 I. IUATI ST.
~. CO 10110-35,.
,s11.21
3611 I SLA1'I ST
,1,111.71
.773.70
• .
..
I • •
0
'32xl
•
•
. ' -
'.
CITY OF ENGl.EWOOO
Concrel8 Replacement District 1995 -Asswment Roll
2077-03-3-05-004 M
LOTS 7-8 BI.It 5 JM:ICSONS BDIIY HTS
STANESCU, caa:ORGHJ: , &LENA, JT T&H
3924 S. EI.>.TI ST.
&NC;LDIOOD, CO 80110-4554
2077-03-3-05-011 M
LOTS 21-22 IIUt 5 JACJCSQIS 8DlrY HTS
UiftllT, GI.at & , Sll&n.A IC , .JOIDISOlf, ADI. IC .JR, JT Tat
3912 S. &I.>.TI ST .
~. CO 80110-4554
2077-03-3-05-012 M
LOTS 23-24 IIUt 5 JACltlOlf8 8DlrY HTS
IIIICIIIN, IICll&aT L , IAaJORI& J TJIDS'l'Z&S
260 CIIDINIQO CIJl .
~. CO 10110-6121
2077-03-3-29-021 M
LOTS 45-46 IIUt 27 JACJtSONS 8DWY HTS
DmalDIG , PATIUCIA J
4215 S . &I.>.TI ST.
&NC:LEMOOD, CO 80110-4558
2077-10-2-12-012 M
LOTS 23-24 11Ut 12 'IIOLLDINUIERS BDIIY HTS 21m ADD 'IIIIDf ~
r.oaars, .JC1111 I , IIAIIBAlt~ J, JT rat
4490 I. &I.>.TI ST.
~. CO 10110-5652
2077-10-3-22-009 M
LOT 9 8Llt 1 QOCIJlfDI HTS
nsna, JANICK M
5099 I. &I.>.TI IT .
DIQLE'IIOCID, CO 10110-6526
1971-35-4-17-008 M
LOT 21 8Llt 8 RANPDIDI HILLS 21m n.G
SMITH, CRAIC: W , AIIN& WII.SCII, JT Tat
2209 I:. n.oYD PL.
DIQLE'IIOCID, CO 80110-3132
1971-35-4-18-045 M
LOT 7 8LK 9 RANPDIDI HILLS 211D n.G
t«llffGCN&RY, .JOSEPH 8 , PATIUCIA M, JT ftN
2238 I:. FLOYD PL.
DIQLE'IIOCID, CO 80110-3133
1971-35-4-18-044 M
LOTS III.It 9 IIANPDIDI HILLS 211D n.G
DDIVER COIISUlVATIV& IIAP'l'IST 8DIDIAllY
P .O. BOX 10000
DDIVER, CO 10250-0100
1971-35-4-17-012 M
LOT 25 III.It I IIANPDIDI HILLS 211D n.G
NJ.TT&IOII, &LIZAUTH N
2309 &. FLOYD PL.
IDICLSIIOCO, CO 10110-3134
3924 S ~I ST
$1'4 .42
3982 S &I.>.TI ST
$212 .06
3990 S ~I ST
$835.65
4215 S ~I IT
$172 .52
4490 S ~I ST
IS rn.&D D&SC AS 8&
$125.69
5099 I ~I IT
'596 .69
2209 & nDID PL
'315.40
2231 & nDID PL
$499 .21
2261 & nDID PL
'313.71
2309 & nDID PL
ftH.57
..
I.
0
•
• •
,,
CITY OF ENGLEWOOO
Concrata Replacement Dtatrtct 1995 -A .. ••ment Roll
1971-35-,-11-0,1 M
I.OT 3 BUt 9 IIAMPD&lf HILLS 2ND l'LG
ACHl:Y, ~S'fAV V 5 ANXTA K, JT TDf
2338 I:. n.oY1) Pl,.
~. CO 80110-3135
1971-35-,-17-01' M
I.OT 27 BUt 8 IIAMPD&lf HILLS 2ND l'LG
SAND&ll8 , THClaS calln&I.L 5 DSJIIIA AIIN, JT TDf
2369 &. n,om PL .
IDIGI.SIIOOD, CO 80110-313'
1971-35-,-17-015 M
I.OT 28 BUt 8 IIAMPD&lf HIU.S 2ND l'LG
BU'1'Tl:RST1:IN, ARTHtJR F 5 DTH&llDIS, JT TDf
2399 &. n.oYD Pl,.
~. CO 80110-313,
1971-3,-2-12•003 M
LOTS 7-10 BUt 2 S Q IIAMLDIS ADD
STOSKA, HAltVSY J
2930 S . FOX ST .
IDIGI.SIIOOD, CO 80110
1971-34-2-11·018 M
ALL 37 5 S 1/2 OF 38 BUt 1 SQ IIANLIHS ADD
UAR Tl:CIINICAL INC
5201 S. MSAI)S ST.
LITTLSTON, CO 80123-17•3
1971·3•-3-06-009 M
I.OT 9 BUt 1 UHUfMf SOB
LAND, ROll&llT T 5 DIAN& R, JT TDf
31H a. rox ST .
~. CO 80110-2319
1971-3,-3-06•010 N
I.OT 10 8UC 1 tJHUGUI SOB
JllCICSON, STSIIJUlT A 5 .JOllDAII, WILLIAN C, JT TDf
6025 8 . &ATON UI.
LITTLSTON, CO 80123-3768
2077-03•2•18•015 N
I.OTB 1-2 III.It 20 SNCL&WOOD
COrr<, THClaS 5 NOma .JS.AN, JT TDf
725 HOOKSJl ST.
DSNVSR, CO 1020,-3204
2077-03-2-22•003 N
LOTS 5-7 , 11 5 n or I aLK 2 LOQAIIDALI
IIOff, 11:ARL L , lallY L, JT TDf
3728 I . FOX ST.
DICL&'NIOOD, CO 10110-3420
2077-03-3-06-002 N
LOTS •-5 III.It 6 JACIC8QfS aJlff ftS
S'l'OaN, JSUY a 5 DARLA JO, JT TDf
391' I. l'OX ST .
~. co 10110-,5,1
2338 I: l'LCm) Pl,
$325.53
2369 I: l'LCm) Pl,
$'71.83
2399 S l'LCm) Pl,
$317 .97
2930 S l'OX ST
$7'6.,2
29'7 8 FOX ST
$1,196 .76
3166 S l'OX ST
,,H.,o
317' 8 l'OX ST
.317.58
3633 8 l'OX ST
,o.oo
3721 I l'OX ST
,,o, . .s
391' I l'OX ST
tJU.11
~ '3111~
'
0
I •
•
•
•, •
..
CITY OF ENGLEWOOO
Concreta Replacement District 1995 • Aaeument Roll
2077-03-3-06-003 M 3924 S l'OX ST
LOTS 6-7 BLK 6 JM:XSONS BDWY HTS
IUVSRA, VERONrCA A
3924 S. l'OX ST.
~. co 80110-4561 $190 .57
2077-10-2-07-010 M 4397 S l'OX ST
LOTS 25-26 BLK 7 WOLI.alWSBIUtS 8DlfY HTS 211D ADD 1IIIDf l'IAT IS nIJa> DSSC AS UC:
PSIITSR, ~ 6i DNNSTH, JT '1'SN
1393 S. WYANDOT ST .
DIDIVSR, CO 80223-3322 $976.41
2077-10-2-08-013 M 4395 S QALAPAGO ST
LOTS 25-26 BLK 8 WOLLSNWIURS 8DlfY HTS 2ND ADD If 1/2 OF 7 6i S 1/2 OF 8
:t.sM:11, KANT FOSS 6i DAN Ii DONALD N
4395 S. QALAPAGO ST.
~. co 80110-5624 $424.42
2077-10-2-26-008 M
S 67 FT 3 IN OF LOTS 7-8 lC)RSS StJB
SWOU>T, DALI: M 6i RUTH A
4670 S. QALAPAGO ST.
~. co 80110-5631
1971-35-3-19-012 N
LOTS 24-25 III.It 41 SVAIIS~ 8DIIT ACD
DJINNI, RCaSllT I
1101 S . GIRAaD AYS.
~. CO 10110-2912
2077-01-3-05-021 N
LOT 12 III.It 20 CZIIT&WIAL Maa M> n.G
'NMMSJl, DAVID N 6 PAftICIA N, JT tD
3230 If. QaAIID AYS.
IDla.LSIIOCX>, CO 10110-6317
2077-01-3-06-023 N
LOT 15 IILK 45 CZlff&WIAl. Maa '7ft n.G
IRJNTSJl, IIAlllll:Y a 6i m.-. N, JT tD
3320 If . QaAIID AYS.
~. CO 10110-6319
1971-34-1-29-010 N
LOTS 6-8 IILK 4 IUI.I.llS ltJII DS 5/1
GISH, ICYl.l: I. 6i ANDUA a talfDI-GDN, JT ~
2868 S . c:aAN'1' ST .
~. co 80110-1613
1971-34-4-27-002 N
LOTS 3-4 BI.IC 8 nDIISJl ADD
NANISAU, ffRRI A
3412 S . GRANT ST .
SNGI.SWOOD, co 80110-2611
2077-10-4-21-010 N
LOT 10 IILK 2 ULI.SWOCD
WOOD, IIDIJ»aN N 6i CORINA P, JT ~
4905 I. QRAN'1' ST.
~. CO 80110-6121
4670 S QALAPAQO ST
$102 .01
1101 S GIRAaD AYS
$1,128.00
3230 If caAND AYS
$'12.06
3320 If QIWID AYS
S234.24
2161 S aaAll'1' ff
'304.75
3412 S aaAll'1' ff
SlH.20
4'05 S aaAll'1' IT
Sl,7H.10
• .
...
I • •
0
1 J2xl
•
• •
CITY OF ENGLEWOOD
Concrete Replacement Dlatrict 1995 -Aaaeament Roll
1971-34-3-211-001 M 203 W IIANIDSN AVI:
PORTIONS or JILK 1 CITY QARDDS 5 8UtS 2 5 3 NllLSDIS SOB 5 FLOOD ADD QILK 1 M
NORTHERN ICNGLEWOOD LDa'l'ED PAMIIKRSBIP I BRISTOL G:aOOP
400 ~RY ST. 1400
SAM l'RANCISCO, CA 94104-1229 $8,814 .08
1971-28-3-04-023 M 2381 W IIAllVAIID AVI:
w so FT or s 112 or LOT 2 JILK 3 IIOO'rllLA1DI amrs AIINKX
1IOIID&MNI' JERALD A
2381 W. HARVARD AVI:.
IDIGLSWOOD, CO 80110-1122 $397 .47
2077-08-3-12-003 M 5088 S IIOOKSlt ST
LOT 3 BLK 1S currENNIAL ACUS 21'D n.G
MSLCBIOR, WILLIAM C 5 .JOAN D, JT TSN
5088 S. BOOIICJ:R ST .
ENGI.SWOOO, co 80110-11325 $275.17
2077-03-2-20-007 M 37110 S llUIICIII ST
S 15 l'T or LOT 15 ALL LOT 1S N 20 l'T OF LOT 17 BLK 4 LOCANDAL&
BOl'IMAM, JOIDf W 5 CI.AIU J, JT TSN
37110 S. HtJROM ST.
&MGLSWOOO, CO 80110-3428 $184 .87
2077-09-1-00-045 M 4387 S llUIICIII ST
BSG 445 FT S 5 30 l'T W or n COR or n:c 9-5-SB 'l'R W 25S l'T TB 8 119 ft M/L TB
IICJ:Ll.&Y, WILLIAM A 5 SANDltA L, JT TSN
4387 S. BtJIIC1N ST .
DIC;l.SIIOCD, CO 80110
2077-09-1-10-0lS M
II 7S . ,2 ft or PLOT 1 IILK 4 r P amamtS allllff IITS
SPANPIMATO, LYNN N 5 CCIIICIIA, aICAIIDO A, JT 'rD
C525 S. BtJIIC1N ST.
DIGLSWOOD, CO 80110-51135
2077-09-1-10-015 M
PLOT 1 &X N 7S . 42 ft 5 D S 150 ft IILK 4 r P QQaDJI allllff ll'f8
SCBUL&ll, S'l'SPIIDI C 5 tall'l'DI, .mAllllS N, JT 'rD
4535 S . BtJIIC1N ST.
~. CO 80110-51135
2077-10-3-09-003 M
W 1 /2 LOT 3 IILlt 1 ICDSHL&a StJII
RAISCH, StJC&n R SR 5 CA'l'BSJlDa L, JT 'rD
4820 S . IIUIION ST .
~. co 80110-11441
$&05.H
C525 S IIUIIClf ST
,,o,.47
C535 S llUIICIII ST
$HS.St
'820 S llUIICIII ST
$221.U
1971-21-3-02-100 N 2000 W ILirr AVI:
N 85 . 5 l'T or LO'l' 19 &X TBS S 5 l'T IILK 1 SOUTHLAIIN QUDDIS A*IIX
RIST, ADAM M 5 MMlY A, JT TSN
29115 S. ltALSIGH ST .
DSIIVSR, CO 802311-2135 $219 .2C
2077-09-4-12-013 N 5010 S DICA Dll
LOT 4 lftl I TA.ICSJl AO&S 2ND n.G
DSWITT, G<AU> D JR 5 UVUILY J, JT 'rD
5010 S. DICA DR.
~. CO 10110-,,12 ,,01.n
I·
0
•
• •
CITY OF ENGLEWOOD
Concrete Replacement District 1995 -Aa•wment Roll
2077-04-l-00-028 M 3827 S INCA ST
8&G 356 l'T W 5 456 l'T N OF II& COR OF NII: l/4, TH N 58 l'T , TH 1f 133 l'T TH S 58
KNIGHT, SCOTT & 5 D&BRA R, JT T&N
3827 S . INCA ST .
KNl:I.l:1IIOOD, CO 80110-3406 $318 .02
2077-04-l-00-033 M 3857 S INCA ST
8&G 356 l'T 1f 5 290 l'T Nor II& COR or NII: l/4 TH N 50 l'T TH 1f 133 l'T TH S 50 l'T
BltALIC, MICHA&I. J 5 MIU\Y Dr, JT T&N
6563 S . ST&&I.& ST.
I.ITTI.&TON, CO 80121-2945 $1,139.25
2077-04-l-00-032 M 3861 S INCA ST
B&G 356 l'T W 5 240 l'T Nor II& COR 01' NII: l/4 TH N 50 l'T TH W 133 l'T TH S 50 l'T
IIIIAI.IC, MICHA&I. J 5 MARY IC, JT T&N
6563 S . ST&&I.& ST.
I.ITTI.&TON, CO 80121-2945 $1,132.92
2077-04-4-02-031 M 3985 S INCA ST
I.OT 9 BI.IC 2 I.Ol'l'RKDA SOB
MICHAUD, StJCZ!I& J 5 TDUR M, JT T&N
3985 S . INCA ST.
&NGI.&WOOD, co 80110-4530 $246.10
2077-04-4-02-019 M 4097 S INCA ST
I.OT 17 OXl'OIU) HTS 4TH l'I.G
HALVORSON, R08&RT 1f
4097 8 . INCA ST.
&IIGI.SWOOD, co 80110-4532 $478.88
2077-04-4-08-009 M 4170 S INCA ST
I.OT 9 BI.IC 2 OXl'OlU) HTS
l'OOlllfI&R, ARNOLD I. 5 .AIIIUIB&I I.&, JT T&N
U70 S. INCA ST.
&NGI.&WOOD, co 80110-4514
2077-09-1-l0-003 N
N 75 l'T ors 150 FT or PI.OT 2 auc 4 r P GtaaSU BDIIY HTS
&All'DfAN, AltTHOll I 5 TSDIA K, JT '!'SN
4520 S . INCA IT .
&NGI.&WOOD, CO 80110-5602
2077-09-4-02-013 N
I 50 l'T I.OT ll 5 N 25 l'T I.OT 10 III.IC ll RI.TS UltJB 2ND l'I.G
rAGL&ll , uaBAIIA J 5 IIOUllT D, JT '!'SN
4735 I . INCA ST .
&NGI.DIIOOD , co 80110-&408
2077-09-4·02·012 M
S 75 l'T I.OT lO III.IC ll 8&I.TI DIUII 2ND l'I.G
HLU.&Y, CllllISTOPH&ll WILI.IAN 5 &II.&U NICBI.&, JT DN
4755 S . INCA ST .
IDIGI.&l«)(X), CO 10110-6408
2077-09-4•02-0ll M
I.OT 9 8I.K ll KI.TS DSUII 211> n.G
DONAI.D, IIIWCS M 5 IIOGLIS A, JT '!'SN
4775 I . INCA IT .
DlaL&WOOD, CO 10110-&401
$323.24
4520 S INCA ST
$153 .52
4735 I INCA ST
$492 .25
4755 I INCA ST
$33&.33
4775 I INCA IT
,1,101 .15
,.... flot~
I •
0
•
• •
<.
CITY OF ENGLEWOOD
Concrete Replacement District 1995 -Aa•••rnent Roll
2077-08-3-13-002 M
I.OT 2 BI.It 15 CEM'1'ENNIAL ACIIKS 2ND l'LG
MARTIN, MICHAEL F 5 NANCY L, JT TEN
5040 S. IRVXNG ST.
SMGLSIIOOD, CO 80110-6327
2077-08-3-13·003 M
I.OT 3 BI.It 15 CEM'1'ENNIAL ACIIKS 2ND l'LG
PRICI:, RUBY L
5080 S. IRVING ST.
IDIQLEWOOD, co 80110-6327
2077-04-1-09-015 M
LOTS 45-48 BLK 7 LOGAIIDAl.&
TIUUll:Y, IIOBUlT It
3705 S. JASON ST.
IDIQLEWOOD, CO 80110-3407
2077-04-1-08-004 M
LOTS 13-14 BLK 6 LOGAIIDAl.&
CAMPBSLL, IUCHAIU) Q 5 IIZIIS& &, JT TEN
3754 S . JASON ST .
SNQLEWOOI), co 80110-3408
2077-04-1-09-010 N
LOTS 27-31 BLK 7 LOGAIIDAl.&
1«7SS&I.1aN, WILLIAM Q 5 AIMDA R, JT TEN
6198 S . LAlt&V%&1f ST .
LIT'l'LITON, CO 80120-2733
5040 S IRVINC ST
$610.48
5080 S IRVINC ST
$281.07
3701 S JASON ST
$784 .73
3754 S JASON ST
$889.23
3773 S JASON ST
$1,1'9.92
2077-04-1-00-041 N 3890 S .JJUIClf ST
'l'HAT PART or NS 1/4 S&C 4-5-68 D&SC AS aG 622 ft W 5 30 ft II OJ' a cxa or 8D
MARTIN, Sll&RIULL R
3890 S. JASON ST.
&lll:L&IIOOD, CO 80110-3410 $669 .65
2077-04-4•02-001 N 3900 S .JJUIClf 8'l'
I.OT 20 BLK 2 LOl'n&DA SUB
YOUNG, PAUL & 5 CCIIIIIU .JO, JT '1'&11
3900 8. JASON ST.
&lll:L&IIOOD, CO 80110-4535 ,1,313.63
2077-04-4-02-004 NV 3930 S .JJUIClf 8'l'
I.OT 17 BLK 2 LOl'n&DA SUB
NYSltIW, JJIICS W
3930 I . JASON ST .
&lll:L&IIOOD, CO 80110-4535 .951.59
2077-04-4-09-006 N 4140 S .JJUIClf 8'l'
I.OT 6 8Llt 1 OXl'Olm HTS
8UECHNER, VJ:CTOR H II 5 PAftICIA L, JT '1'&11
4140 8 . JASON ST .
IQIGLSIIIOOD, co 80110-4517
2077-09•1•03•004 N
I.OT 7 QODICY Aa&S
D&AY•lll:USCH, NAlllt
4301 I . JASON ST .
IQIGLSIIIOOD, CO 10110-5501
'315.40
'301 S .JJUIClf 8'l'
$0 .00
,..._ f7111M
• t
• .
..
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0
•
0
•
'·
CITY OF ENGLEINOOO
Concret. Replacement District 1995 -A••••ment Roll
2077-09-1-02-023 M
I.0'1' l 7 QUDICY ACRES
PHILLIPE , JAMSS CZORlZ
6«66 J:. l'AIR AVI:.
DIQLDIOOD, CO 10111-,,09
2077-09-1-02•018 M
I.0'1' 22 QUINCY ACRES
IBCMAN, JOUPR L
2755 J:. BATSS AVII:.
DIDIYSll, CO 80210-6«10
2077-09-«-02-001 M
N 75 F'r 01' LOT 1 BLK 11 BLTS as 2MD n.G
MILLER, GARY D 5 DANELLA L
«700 S . JASON ST .
DICLSWOOD, CO 80110-6«13
2077-09-«-09-015 M
I.0'1' 15 BLK 2 BOBAY HTS
SAUNDERS, RODRT J: , STACY L, JT TEN
3338 S. ALCOTT ST.
DICLSWOOD, CO 80111
2077-08-3-08-021 M
N 70 l'T OF LOT 12 BLK 50 CDITSNNIAI. ACR&S 9TH n.G
HANSON, ~RIJ:
so,1 8. JULIAN ST.
J:NCLJ:WOOD, co 80110-6328
2077-08-3-08-0«3 M
I.0'1' 8 11:X S 23 l'T BLK 50 CJ:N'RNNIAL ACll&S 9TH n.G
lltllff, KJ:VIN D 5 J:LIZAIISTH J, JT TD
50«6 S . JULIAN ST.
DIGLJ:IIOOD, co 80110-6328
'3«2 S JA80lf ST
$'36 .87
'379 S JA80lf ST
$508.92
«700 8 JASON ST
$1,058 .6'
'821 S JASON ST
$1,96'.SS
so,1 8 JULIAN ST
$70.57
50«6 S JULIAN ST
$'80 .53
2077-0«-«-10-005 M «163 I~ CT
I.0'1' 19 BLK 1 aoa tSADOn
catCT, EDITH I'
'163 S . ICAI.AtaTH CT .
DIQLJ:IIOOD, CO 10110-,,20 $366.3«
2077-o«-«-oo-o,7 N ,ooo 1 ~ IT
PART or a 11, UG AT A PT 30 l'T W or• CCR or IIUt 37 LOQllmAU:, -YM:Arm
MILLER, WILLIAM I'
505 CAllI800 RD .
LITTLJ:TON, CO 10123-2763 .66«.0«
2077-09-1-12-00« N «S«O I~ IT
LOT 13 HAINJ:8 ltJ8
rINDLAY, BAlUIAII~ J:
«5«0 S. ~TH IT .
DICLSWOOD, CO 10110-5610
2077-08-3-01-015 N
LOT 1 7 8Llt 50 ~ ACIISa ft'II n.G
DJ:HAaT, IHx.i.sY J
5036 ICUNI.\IID CT .
~. CO 10110-6329
,s71 .39
503' DDILNID CT
$2'75.H
..
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.,-------------------------
• •
..
CITY OF ENGI.EWOOO
Concrete Replacement Dlatrlct 1995 -Aa•••ment Roll
2077-08-2-09-011 M
LOT 10 8Llt 1 PLICASAN'1' VIn 211D l'I.G
~I.I., .roDI
,sos S . KING ST .
~. CO 80110-5332
2077-08-2-10-023 M
LOT , 8Llt 6 PLICASAN'1' VIn 211D l'I.G
OA!MIIN, l'BILIP a
,Ho S . KNOX CT.
Slll:LDIOOD, CO 80110-5335
,sos S ICDII: ST
$313.73
,Ho S IQIOX CT
$8'2.62
1971-35-3-21-015 M 3,51 S LAl'ADffS ST
LOTS 1-10 5 LOTS 35-36 5 LOTS 38-,a 8LIC SO 5 VAC AI.I.l:Y ADJ LOTS 1-10 5 39-,8
ANSJUCAN IIOU8DIG l'OONDATIOlf DIC Aflll: KIN&alLY A SNITH
P.O. BOX 12000
~. NS 39236-2000 $862.79
1971-35-3-28-012 M
LOTS 33-3, III.It SO SVMIS'l'Olf IIDWY ADD
RANSDll:I.I. , SIIAIICN a
3,59 S. I.Al'AYll:ffS ST .
ll:NGLll:IIOOD, co 80110-2926
1971-3,-,-07-007 M
LOT 12 5 Nl/2 OF 13 8LIC 3 IIOSII: ADD
ANDll:JlSON, LOllX
31,1 8. LINCOt.N ST.
Slll:LDIOOD, CO 80110-2536
2077-10-1-10-002 M
LOTS 3-, 8LIC ,2 S IIDlfY HTS
~. GUY 1f 5 ADIUAII' J
U06 S . LINCOt.N ST.
ll:llQL&1IOOD, CO 80110-5731
2077-10-1-10-006 M
LOTS 1,-16 IILlt ,2 S IDlfT HTS
NUlTDlll:Z, All'l'IIUll Q
7233 S. UNMIM: ST.
Slll:LDIOOD, CO 10112
2077-01-3-01-0,s M
LOT 13 8Llt '7 CDITll:*IAL ACD8 7'1'8 n.Q
PIIOYDIZANO, ftAlllt J .Ja
SOSO s . LDIDll:)f DR.
ll:llQL&1IOOD, CO 10110-6333
2077-01-3-08-0,7 M
LOT 1, IILIC ,7 Cll:llTalNIAL ACDS 7'1'R FLQ
LLOYD, DIUIRA Q
5060 s . LDIDll:)f oa.
Slll:LDIOOD, CO 80110-6333
2077-~1-3-01-006 N
LOT 16 8Llt , 7 CZ11Tmm aams 7'1'R n.a
LICHDII, DOLmSS A
5016 s. LDIDll:)f oa.
ll:llQL&1IOOD, CO 10110-,333
3,s9 S LAl'ADffS ST
$H2.s,
31'8 S LDICOt.N ST
$296.H
"06 S LDICQUI ST
$16,.,2
.. s, S Lna:x>UI ST
sco,.'°
SOSO s LDmDI m
$2A.S9
5060 S LDmDI DR
,,02.53
SOH S LDmDI Da
•2'7.'3
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CITY OF ENGLEWOOO
Concl'9ta Replacement District 1995 • All•••ment Roll
2077-08-3-08-007 M 5098 I LD1DSN DR
LOT 1 7 BI.It C 7 C3!ffDINIAL ACll&S 7TH n.G
c:ut.DNEa, DAvm IC 5 NAMCr S, JT ffN
5098 S . LDID&M DR.
~. co 90110-6333 $32,.5,
2077-09-1-15-oo, M C555 I LIPAN C'1'
PUT or LOTS C5-'6 5 PART or VAC cm ADJ, Dll:SC U UG M A ft 80 ft N or a C
WDIN, JtJDITR L
C555 I. LIPAN C'l'.
~. CO 80110-5511 $1,315 .16
2077-09-C-07-013 M C9C5 I LIPAN DR
PLOT 5 11HITAICll:ll StJ8
I.SOIIMID' IICBll:RT II:
C9C5 •. LIPAN DR.
~. CO 80110-6C25 .315 .&C
2077-oc-,-10-002 M ,120 8 LIPAN ST
LOT 21 RADS StJ8
lltJCXVALE, ICJCI'l'H r 5 CHll:RYL L, JT Tll:N
C120 S . LIPAN ST.
ll:NCI.l:IIOOD, co 90110-,,02 $282 .55
2077-0C-C-13-009 M C280 8 LIPAN ST
LOT 32 RADS SUB
LITCHFIELD, STll:Vll:N J 5 .JODI L , JT Tll:N
C280 s. LIPAN ST .
ll:NCLl:IIOOD, co 80110-,,0, $63c.3o
2077-09-1-00-056 MV C315 S LIPAN ST
UG 150 ft s or 1111: coa w 11, 1111: 11, ac 9-5-68 TR w 100 ft n a 60 ft n 11: 1
1111:ADLSY, ltANDAIIL J 5 TAIMI J, JT Tll:N
C315 8 . LIPAN ST .
IDIClLll:IIOOD, CO 80110-5506 .919.59
2077-09-1-00-062 M C325 S LIPAN ST
uc; 210 ft a or 1111: coa • 11, • 11, ac 9-5-18 n w us ft n s so ff n 11: 1
S'fMGIADOS, cacaca D 5 laaY JNS, .JT SN
C325 S . LIPAN ST.
IDIClLll:IIOOD, CO 80110-5501 .,,o.,5
1971-3c-,-o,-013 M 3191 S LOGMI ST
LOT 2C 8LIC 1 UIIIC ADD
1111:M)T, PSGGY A
2111C COJQlll:LIUS ST.
CONIRR, CO 80U3-91U '531.U
2077-03-1-0C-OOI M
LOTS 17-19 BLIC C HIGGINS DC QDNS
DAVll:Y, MAYBll:LLS S
3570 8. LOGAN ST .
SNQLDIIOOD, CO 80110-3731
2077-10-1-05-023 M
LOTS '7-'8 8LIC 37 S 8DlfY BTS YM: 5 1/2 ALI.SY ADJ
MlMINISTltM'OR or Vll:TS An'Aia8 I NUaI.1.8 A GICSTI
'2'2 S . PSNlfSYLVMfIA ST.
LITTLS'f<lll, CO 80121-2251
3570 8 LOC:alf ST
,221.53
'301 S LOGMI ST
.1,153.3' ...... ,,,~
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CITY OF ENGLEWOOD
Concreta Replacement Dlatrict 1995 -Aa•••ment Roll
2077-10·4•20-034 M
LOT 33 8LI{ 4 BSLI.SWOOD
D&RNBACH, I.ISAM
5542 &. CAI.11:Y AVI:.
I.ITTI.&TON, CO 80121
1971-35·2·16•022 M
LOTS 47•48 8LI{ 9 1f H D'l"l'S 1ST Alli> 'l'O &VMSTCN
PIZTlt%AIC, DONAI.D r JR
2901 S. NUtICN ST.
Dll:I.E1IOOD, CO 80110-1768
1971•35-2-23-003 M
LOT 3 8LI{ 2 ARAPAHO& ACll&S SOB
PI&IUION, DIC
P .O. 80X 472
CZOJtGKTONN, CO 80444•0472
1971-35-2•23·004 M
LOT 4 8LI{ 2 ARAPAHOE ACll&S SOB
PIERSON, .JUDITH DGGS
1331 & • DAR'1K>UTH AV&.
DfGLDIIOOD, CO 80110-3039
1971•35-3-14-005 M
LOTS 13-14 8LI{ 26 EVANSTON 8IJlff Alli>
STIWVS , 111:NRY D 5 MMlY &LII.Aa'l'B, JT ftN
32 68 S . MMlICN ST.
Dll:I.E1IOOD, CO 80110-2930
2077-03-3-07-042 M
LOT 12 8LI{ 1 OX•IICllf Uatm or 4/13
DASCHOl'SKr, TClNff 1f 5 TMl!'A S, JT BIi
705 1f. NASSAU 1fAY
Dll:I.E1IOOD, CO 10110-4538
4901 S LOCalf ST
$2,291.81
2901 S NUtICN ST
$1,209.34
3020 S NUtICN ST
$539.58
3030 S NUtICN ST
$1,598.48
3268 S NUtICN ST
$1,196 .56
705 W IIUMD 1fAY
$2,9H.32
1971-35-2-00•021 N 2909 I OGDDI IT
asc;; 504 . 74 n a: 5 11 . 45 n s or • cca or .., 1/ 4 or • 1/ 4 n 1 55 " nr a: 12
NaCOIIAN. DftlLSS1f r.
2909 S. OGDD IT.
~. CO 80110-1747 $313.73
1971-35·2·14·007 M
LOTS 15-16 III.It 2 EVANSTCII aJlff Alli>
IIAIID&ll, THtJalolNI H 5 NSI.LI: C
2954 S . OGDD ST .
DICI.DIOOD, CO 80110-1748
1971•35·2·14·008 M
LOTS 17-18 8LI{ 2 EVANSTCII aJlff Alli>
W&STrAI.I., DAVID A
2960 S. OGDDI ST .
Slll:I.ZIIOCX), CO 80110-1748
2077-04·4·12·012 N
LOT 4 IIUt 2 IIOU NSADClll8
NOaaIS, ADaialllS
1092 1f . oxrcm> PI..
Slll:I.ZIIOCX), co 10110-44a5
2954 8 OGDDI IT
$1,313.31
2960 8 OGlml IT
$771.12
1012 W CIKl'aaD PI.
$1,352.21
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CITY OF ENGI.EWOOO
Concreta Replacement District 1995 • Aa._.ment Roll
2077-04-4-10-011 M
LOT 13 BI.It 1 ROSS MEADOlfS
IOl'fANO, WXI.I.L\M F 5 TRDJJ:I.I.o, ltAHCNA D, JT TD
1121 W. OXFOIU> PL.
ll:NCLll:WOOD, CO 80110-4464
2077-04-4-12-014 M
LOT 6 BI.It 2 ROSS MEADOlfS
1111:LCH, CHRJ:STINII:
1122 W. OXFOIU> PL .
ll:lfCLll:WOOD, co 80110-4434
2077-04-4-12-001 N
LOT 7 BI.It 2 ROU MEADOWS
'IIALORSKI , SYLVll:Sftll r 5 MIIIIGADT A
1152 If. OXFOIU> PL .
~. CO 80110-4434
2077-04-4-10-009 M
LOT 15 BI.It 1 ROSS MEADOWS
1111:CTOR, LAIUtY ll , JMlll:TTII: L, JT TD
1171 W. OXF01U> PL .
ll:Nl:LE1IOOD, co 80110-4464
1971-34-4-15-001 N
LOTS 1-2 8Llt 7 RA1ITHOJIII
NMJL, 11:DWDf 11: 5 MIUUON L, JT TD
3200 S. l'SAltL ST.
~. CO 10110-2712
1971-34-4-14-023 N
LOTS 47-48 JILK 6 IIAlffllCmf
11:NCI'l"l' ' CiZIIAI.D DIii: II:
3201 S . PEAllI. ST.
~. CO 10110-2711
1971-34-1-30-019 N
If 50 F'1' OF 11: 1/2 or PLOT 5 YA!.& RII.L D II: 30 F'1'
ran:, IIOaltT L , SRml.SY C, JT 'SN
6350 Ir. MNISrill:U> AV&.
DDIYSlt, CO 10235-3053
1971-34-4-04-014 M
LOTS 25-26 IILlt 1 IIAlflt ADD
DAlllfALL, LELIA
3117 S . PDllfSYLVMfIA ST.
~. CO 10110-2715
2077-10-4-19-014 N
LOT 3 , If 1 n or LOT 2 JILK , aI.UIIIOCD
SLAftll, SI.I.IS 5 BAUAllk A, JT TD
1900 11:. Ci.AIU> PL. 1104
~. CO 10110-3151
2077-04-4-12-002 NV
LOT I IILK 2 IIOa ~
a&al.ICX, TIIQaS A 5 llll:LIII L, JT 'fD
1155 If. ftDICll:'!CN PL .
~. CO 10110-44'2
1121 Ir OXl'OllD PL
$941.67
1122 If OXl'()IU) PL
$1,489.82
1152 Ir OXl'OltD PL
$1,043.90
11 71 Ir OXl'OltD PL
$721.82
3200 S nML S'l'
tlH.49
3201 S ftUL ST
'3'4.57
2115 S ftlaSYI.VAIIIA ST
.1,191.23
3117 S .....U.VAIIIA ST
tlH.97
570 ~en
t4H .C7
1155 Ir ftIMCS'!CN l'L
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CITY OF ENGLEWOOO
Concreta Replacement District 1995 -AuNament Roll
2077-10-1-08-025 MY'
1f 50 rr OF LOTS 44-48 III.It 40 S IIDllr HTS
BAVES, DITH 8
12 I:. QUINCY AVJ:.
J:NGLJ:NOOD, co 80110-4644
2077-011-1-06-005 M
LOT 1 .JJ:NSJ:N StJ8 2ND n.G
DOANE, MSRLIH C 5 OPAL 1f, JT ftN
12011f. ltM>CI.IIT AVJ:.
J:NCI.l:WOOD, CO 80110-5527
11171-34-1-08-024 M
LOTS 41-42 8LIC 2 Kn.I.US SUB US 2/3
TAD, M J IDffJ:ltPRIDS
3682 S. GRAP& ST .
DJ:NYJ:R, CO 80237-10211
11171-34-1-08-021 M
N 1/2 OF 35 ALI. 36 8LIC 2 ICII.LIJ:S SUB MS 2/3
MMtia:Y, PHYLLIS ANN
27311 S . S ........ ST.
J:NCI.J:WOOD, CO 80110-1618
11171-34-1-08-0111 N
LOT 32, s 112 or 33 III.It 2 KII.LIJ:s soa as 2/3
ITDIAllT, PAUL 1f 5 WIINA I:, JT ftN
27411 I. IIIJ:JINlllf ST .
J:NCI.SIIOOD, CO 80110-1618
1971-34-1-07-007 N
LOT 11 5 N 1/2 or 10 5 I 25 ff or L~ ST llClf VM:,
ORAN, ROIIJ:llT L 5 JANJ:T r, JT '!DI
6711 I . l'RNIICLIH ST .
LI'!"l'I.J:TON, CO 80122-1313
1971-34-1-07-011 N
LOTS 3-4 8LIC 9 ANIIUIDAL&
HtJNlaTJ:, NIUC I: 5 UGDIA It, JT !DI
2778 I .......... ST.
J:NCI.SIIOOD, CO 80110-16111
11171-34-4-10-022 N
LOTS 43-U JILK 6 IIOB ADD
AIIDJ:RSON, NAllY I:
3211 I . IIIJ:lllaN ST.
DIGLSIIOCD, CO 80110-2614
2077-10-1-26-023 N
LOTS U-45 8L1C 58 I BDWY HTS VM: 5 1/2 ALI.SY liDJ
IIODGZlll , J:tlllAaD 1f 5 CIIUI.oTTJ: I:, JT TDI
4608 •. 8IIJ:lllaN ff.
12 I: QUDICY AVJ:
$1,719.16
12011f ltADCI.Xff AVJ:
$328.50
2715 8 am ST
$475.55
27311 I IDINlll ST
$265.84
27411 I SIIDNMI IT
$509.39
2754 8,.,..,.. ST
liDJ LO'l' 11 al.It 9 ~
$379.37
2788 8 ,_. ST
$258.06
3211 8 ........ ST
$92.12
4609 8 Im ST
DIGLSIIOCD, CO 80110-5818 $335.72
11171-28-3-02-075 N 2315 8 ~ ff
N H " or • 110 " or LO'l'I 11-u u • 5 " rca WD al.It 1 10DT11LMM ama
IIACDCNI, DJ:LaUl'l' L , Qelal, NMIGID'l' N, JT !DI
2315 •. 'l'J:.Jtlll 1'1'.
~. CO 10110-1042 $221.tl
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CITY OF ENGLEWOOD
Concreta Replacement Dietrtct 1115 -AN11ament Roll
2077-01-2-10-031 N
LOT 10 11Ut 5 PL&A8AIIT VDW 2la> n.G
IIUtlllOD, a.aft LS1IOY C CAIIOID MM, J'f BIi
3300 W. 'l'IJITS A.VS.
~. CO 10110-5331
2077-10-2-2&-00t N
LOTtlClaa-
aan.ao'f, NICIIMl, S C SBIIIINID L, J'f BIi
'15 W. l'JIIICM A.VS.
~. CO 10110-5'41
1971-21-2-11-00& N
LOTS 37-31 IIUt II IRDIDNI ft8
JDa, ALICS N
21'7 W. 1a11D11 A.VS.
~. CO 10110-10,9
1971-3C-1-02-009 N
LOT 1 IIUt 1 YALS --
...._DINI, IClln'll A C ..aY J, J'f BIi
1702 2ftll A.VS CT.
GaSSLSY, CO 10&31-Ct51
1971-3C-C-15-017 N
LOTS 33-3C IIUt 7 IIA1l'lSlall
DUDMff, AlalSTB •
3255 I. waaUKm:* ft.
Sll:t&IIOCID, CO 10110-2727
1971-35-C-Ol-011 N
LOT 11 IIUt 2 ~Cit -
CIIAl'IN, VIOL&T I
3295 I . WILLIMII IT.
IMQLSIIIOC)D, CO 10110-3037
Pnnlld: 5111111 4:40:50 PM
3300 W ~I AVS
,ss,.31
'15 W l'JIIICM AVS
,u7.51
21'7 W ..... AVS
2709 I 1a88DC1'CM ft
,2,cst.n
3255 I 1a88DC1'CM ft
,22,.5'
3295 I WIIIUW IT
.7&0.53
Grand Totill : $155,530.54
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ORDINANCE NO. _
SERIES OF 1996
• •
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AMENDING TITLE 3, CHAPl'ER IN, SECTION 9, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 CONCERNING DISCIPLINARY
APPEALS .
WHEREAS, the Englewood City Council placed on the general election ballot of
November 7, 1995, a propoeed Englewood Home Rule Charter Amendment which
modified the Englewood Career Service Syat.em; and
WHEREAS, the City, the Englewood Emplo,-Auoc:iation, the Englewood
Firefighters Auociation and the Englewood Police Benefit Auociation worked
together in propoaing language to chanp the Englewood Home Rule Charter
regarding the Career Service Syat.em; and
WHEREAS, the voters approved the Charter Amendment; and
JP bi
WHEREAS, this change repealed the duties and powers of the Career Service Board
and provided that in matters of cliac:iplinary appeala the City Council will appoint
hearing officers to hold hearinp and make findinp and determinationa; and
WHEREAS, the Englewood Home Rule Chart.er Section 138:3 (b) requjrea that
appropriate ordin•nc:ea be enactecl governing the ltandarda and procedures with
respect to auch appeala, the heuinp to be caaduc:ted and the atandarda to be applied by
the appointed hearing officer and any applicable Coult review of IUch deciliona;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectim 1. The City Council of the City olEnpwood. Colorado 1-ebJ approvea
amending Title 3, Chapter IN, Section 9 o{ the Eqlewood Municipal Code to read u
follows :
3-IN-9: DISCIPLINARY APPBALS :
A. Subied; Matte[ g(Appea). A full-time, permanent, claaaified employee may
appeal to._ ae..1 A HEARING omen to review a A cliac:iplinary
euapenaion , cliac:iplinary demotion or cliac:iplinary ducharp. The A...
HEARING OfflCER ehall hear the employee'• diaciplinary appeal with
reapect to only whetherw THE 1uapenaion, demotion, or cliac:barp WU for
cauae which relate. to the performance of duti•, ~ conduc:t, or any
other factor detrimental to the City and/or any other juat and -.Ille
cau,e.
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B. Allpeal Proc;ec:lures .
1. Notice of Adverse Action. Concurrently, or in advance of action to
suepend, demote or dismin an employee, an appointing authority
shall notify an employee of the action being taken, tihe rHHM t'er tihe
aellillll ..W ill. amlieiea• lieMil fer -lilll'IIMlllii111, SPECIFYING
THE OFFENSE(S) IN SECTION 3-lM-' WHICH IS (ARE) THE
BASIS FOR DISCIPLINE, the emplayee'a right of appeal, and the
manner in which the appeal may be initiated. Failure of the
appointing authority to give timely notice shall have the effect of
delaying the action until proper notice ill given but shall not
invalidate the action.
2. Time Limit for Appeal. The appeal by an employee lhall be made
within seven (7) working days after receipt of the notice of adverse
action or of the oc:c:urrence of the event giving riae to the appeal.
3. Method of Filing Appeal. Appeal shall be made by filina a written
request for a hearing. Such request shall be filecl with the~
Serviee Bearli eee,..., CITY CLERK within the prescribed time
limit .
C . APPQJNTMENT OF HEARING OFFICERS .
1. THE CITY COUNCIL SHALL APPOINT A PANEL OF QUALIFIED
HEARING OFFICERS TO HEAR DISCIPLINARY APPEALS AND
MERIT APPEALS UNDER THE CAREER SERVICE SYSTEM
PURSUANT TO ARTICLE 138:3(a) OF THE CITY CHARTER.
2. QUALIFICATIONS OF HEARING OFFICERS. HEARING
OFFICERS SHALL HA VE DEMONSTRABLE ABILITY IN LABOR
AND EMPLOYEE RELATIONS MATl'ERS AND SHALL HAVE
EXPERIENCE IN HOLDING HEARINGS AND MAKING
FINDINGS ON EMPLOYEE RELATED ISSUES. IT IS PllEFERilED
THAT THE HEARING OFFICERS HAVE A LAW DEGREE AND BE
ADMITTED TO PRACTICE LAW IN COLORADO OR ANOTHER
STATE. PERSONS WHO ARE ON THE APPROVED lJST OF
LABOR ARBITRATORS FOR THE AMERICAN ARBITRATION
ASSOCIATION OR MEMBERS OF THE NATIONAL ACADEMY OF
ARBITRATORS ARE PRESUMPl'IVELY QUALIFIED FOR
APPOINTMENT.
3 . THE COUNCIL SHALL APPOINT AT LEAST THREE (3)
HEARING OFFICERS TO THE APPROVED PANEL OF HEARING
OFFICERS. THESE APPOINTMENTS SHALL BE FOR A PERIOD
OF ONE YEAR WITH THE RIGHT TO BE REAPPOINTED BY
THE COUNCIL ON AN ANNUAL BASIS.
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4. WHEN REQUEST FOR A HEARING BEFORE A HEARING
OFFICER IN CONNECTION WITH A DISCIPLINARY APPEAL IS
FILED WITH THE CITY CLERK, THE CITY CLERK SHALL
IMMEDIATELY NOTIFY THE CITY COUNCIL AND THE
COUNCIL SHALL APPOINT A HEARING OFFICER FROM ITS
PANEL TO HEAR THE APPEAL IN QUESTION.
D . HEARING PROCEDURES .
+. 1. Scheduling of Appeals. The Bem er Hearing Officer ehall schedule
appeaht A HEARING IM.r«e .. e within thirty (30) days AFTER
NOTIFICATION THAT HE/SHE IS APPOINTED AS HEARING
OFFICER, un1eu a longer time ia agreed to by the partiee, giving due
c:onaideration to the availability of Be•li me....,. er THE Hearing
Officer, the availability of the partiee, the complentiee of the epecific
cue, -4 the :uarlllaali efthe Bea.Ii . The~ .. Hearing Officer
ehall iuue ite A decision within twenty (20) days of the conclusion of
the hearing.
e. 2. Poetponementa. Poetponementa may be granted only for good cause.
Scheduling of cuee will initially attempt to accommodate the neede of
both partiee in arranging their acheclulee and making adequate
preparation. Poetponement beyond the echecluled date will only be in
recopaition of unforeseen and unavoidable circumatancee.
6. 3 . Subpoenas. Subpoenae for attendance at hearinp may be iaeued upon
requeet of the partiee. The requeet for a subpoena must contain the
names and ~ of those to be IUbpoenaecl and the reason for the
~ty of such a subpoena. Requests for subpoenas and for
production of any boob, records or papen pertinent to the hearing
ah.all be made to the Git,,• d . • ..._.. S.. :ilea •u HEARING
OFFICER at least~ nrtEEN (15) da:,a prior to the hearing date
and must be ...ved at least~ FIVE (5) da:,a prior to beariq. The
._. b ·FR•• Hearing Officer lhall HAVE AUTHORITY TO
iaaue aubpomu. The Municipal Court aball enba lllllpw,a1 by
compellinc attendance.
!1. 4. Repwtatioo. Any party or.,._ appealin1 • Mia le•• ah.all have
the richt to be accompanied, repr.-ted or adYiaed by an att.anaey OR
REPRESENTATIVE. Any deaipated attorney OR
REPRESENTATIVE should file a notice of repraentatioD with the
CITY CLERK'S OFFICE u 800D u pouible after beill( IO deeipated,
BUT NO LATER THAN FIJITEEN (15) DAYS BEFORE THE
HEARING .
5. HEARINGS BEFORE THE HEARING OFFICER SHALL BE
CONDUCTED INFORMALLY. THE APPOINTING AUTHORITY
SHALL HAVE THE BURDEN OF PROOF BY A PREPONDERANCE
OF THE EVIDENCE. TO THE UTBNT PRACTICABLE, THE
RULES OF EVIDENCE IN CIVIL NON.JURY CASES SHALL BE
FOLLOWED. HOWEVER. WHEN NECBSSARY TO DO SO IN
ORDER TO ASCUTAIN PACTS APPICTING THE
SUBSTANTIAL RIGHTS TO THE PAllTIES TO THE
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PROCEEDING, THE HEARING OFFICER MAY RECEIVE AND
CONSIDER EVIDENCE NOT ADMISSIBLE UNDER SUCH RULES
IF SUCH EVIDENCE POSSESSES PROBATIVE VALUE
COMMONLY ACCEPl'ED BY REASONABLE AND PRUDENT
PERSONS IN THE CONDUCT OF THEIR AFFAIRS.
6 . THE HEARING OFFICER SHALL HAVE THE POWER TO:
A . ADMINISTER OATHS AND AFFIRMATIONS;
B . ISSUE SUBPOENAS FOR A'M'ENDANCE AND COMPEL THE
PRODUCTION OF BOOKS, RECORDS AND PAPERS; ..
C. RULE UPON OFFERS OF PROOF AND RECEIVE
RELEVANT EVIDENCE;
D . CALL AND QUESI'ION WITNESSES;
E . REGULATE THE COURSE OF THE HEARING;
F . HOLD CONFERENCES FOR THE SETl'LEMENT OR
SIMPLIFICATION OF THE ISSUES BY CONSENT OF THE
PARTIES; AND
G . DISPOSE OF PROCEDURAL REQUESTS OR SIMILAR
MATTERS .
7. EACH PARTY SHALL HAVE THE RIGHT TO PRESENT HIS/HER
CASE BY ORAL AND/OR DOCUMENTARY EVIDENCE, TO
SUBMIT REBUTl'AL EVIDENCE, AND TO CONDUCT SUCH
CROSS-EXAMINATION AS MAY BE REQUIRED FOR A FULL
AND TRUE DISCLOSURE OF THE FACTS . NO EX PARTE
MATERIAL OR REPRESENTATION OF ANY KIND SHALL BE
RECEIVED OR CONSIDERED BY THE HEARING OFFICER.
8. A HEARING MAY PROCEED IN THE ABSENCE OF THE
APPOINTING AUTHORITY. IF THE APPELLANT, AFl'ER DUE
NOTICE, FAILS TO BE PRESENT, OR FAILS TO OBTAIN AN
ADJOURNMENT, AND WITHIN FIVE (5) DAYS DOES NOT
PROVIDE GOOD CAUSE THEREFOR TO THE HEARING
OFFICER, THE APPOINTING AUTHORITY'S ACTION SHALL BE
PRESUMED TO BE VALID.
9. A PARTY WHO DOES NOT TESTIFY IN HIS/HER OWN BEHALF
MAY BE CALLED AND EXAMINED BY THE ADVERSE PARTY OR
THE HEARING OFFICER AS IF UNDER CROSS-EXAMINATION.
10. IF EITHER PARTY DESIRES A VERBATIM RECORD OF THE I PROCEEDINGS, THEY MAY CAUSE SUCH A RECORD TO BE • MADE, PROVIDED THEY PAY FOR THE RECORD AND MAKE A
COPY AV All.ABLE TO THE REARING OFFICER. IF THE OTHER
PARTY WISHES TO HAVE A COPY OF THE TRANSCRIPI' THEY
SHALL SHARE ALL COSTS FOR THE TRANSCRIPI'.
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11. THE HEARING OFFICER'S DECISION SHALL BE SERVED ON
EACH PARTY BY PERSONAL SERVICE OR BY MAILING BY
FIRST CLASS MAIL TO THE LAST ADDRESS FURNISHED THE
HEARING OFFICER BY SUCH PARTY AND SHALL BE
EFFECTIVE AS TO SUCH PARTY ON THE DATE MAILED OR
SUCH LATER DATE AS IS STATED IN THE DECISION.
E. STANDARDS TQ BE APPLIED BY HEARING OFFICER.
THE HEARING OFFICER SHALL MAKE DETAILED WRITTEN
FINDINGS OF FACT . IF THE FINDINGS OF FACT DEMONSTRATE
THAT ANY OF THE OFFENSE(S) SPECIFIED IN SECTION 3-lM_.
WHICH ARE STATED IN THE NOTICE OF ADVERSE ACTION ARE
PRESENT, THE HEARING OFFICER IS WITHOUT AUTHORITY TO
REVERSE OR MODIFY THE DISCIPLINARY ACTION IMPOSED BY THE
APPOINTING AUTHORITY AND SHALL ISSUE AN ORDER
UPHOLDING THE ACTION OF THE APPOINTING AUTHORITY. IF
THE FINDINGS OF FACT DEMONSTRATE THAT NONE OF THE
OFFENSE(S) SPECIFIED IN THE NOTICE OF ADVERSE ACTION ARE
PRESENT, THE HEARING OFFICER SHALL HAVE AUTHORITY TO
ISSUE AN ORDER SETTING ASIDE THE DISCIPLINARY ACTION. THE
HEARING omcER'S DECISION SHALL BE FINAL AND BINDING.
F . .rupICIAL REVIEW. THE HEARING OfflCER'S DECISION IS SUBJECT
TO JUDICIAL REVIEW WHICH CAN BE SOUGHT BY EITHER THE
EMPLOYEE OR THE CITY ON THE GROUND THAT THE FINDINGS OF
FACT WERE NOT SUPPORTED BY THE RECORD AS A WHOLE OR
THAT THE HEARING OFFICER FAILED TO FOLLOW THE
PROCEDURES HEREIN OR ACTED WITHOUT AUTHORITY AS
SPECIFIED HEREIN.
Sed;ion 2. Safety CJauu1 The City Council, hereby fioda, determines, and
declares that thia Ordinance ia promulpted under the pneral police paws of the
City of Englewood, that it ia promulptecl for the health, aafety, and welfare of the
public, and that thia Ordinance ia neceuary for the prNenation of bealth and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bean a rational relation 1111 the proper
legislative object eougbt to be obtained.
Section 3. Severabiljty If any clause, eentence, paragraph, or put of thia
Ordinance or the application thereof 1D any penon or circum1tance1 shall for any
reaeon be adjudged by a court of competent jurisdiction invalid, such judgment
shall not affect impair or invalidate the remainder of t.hia Ordinance or ita
application to other persona or circum1tance1.
Sed;ign f. Incoo•iateot Ordjnancea All other Ordinances or portiona thereof
inconsistent or conflicting with t.hia Ordinance or any portion hereof are hereby
repealed to the extent of such inconaiatency or contlict.
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Se!;tiqp 5 J!fJest g( J'IIN) er mpdifisatigp 'lbe repeal or modi&c:ation of any
proYiaion ortbe Code of the City or Eqlewood by tllil Ordilwu:e aba1l not releue,
eninguiah. alter, modify, or cbanp in whole ar in part any pmalty, forfeiture, or
liability, either civil or criminal, which aba1l have been inc:uned under 1Uch
provinon, and each proviaiCID aba1l be trNted and held • ltill rem•iaia1 in force
for the pmpmm of IU8teiniq any and all prapm-actiCIDII, IUita, proc--.tiap, •ad
proeec:utiona for the mforc:ement oftbe penalty, rotfeiture, or liability,• well u for
the pmpaee or IUateiniDs any judplent, decree, or order wbicb CUl or may be
rendered, entered, or made in ncb ectiaaa, auita, im-Winp, • ,--tiam.
Introduced, reed in full, and JIIINllli CID flnt nadiDI CID dla Ith U7 afllay, 1998.
Publiabed u •Billa an <>rmn-CID tbe Ida de7 alll.ay, 1998.
Reed by title and puaed CID fbw readiq CID tbe 30da U7 alllay, 1998.
Publiabed by title M Ordinance No. __, S... al 1996, CID dla 2lrcl U7 afllay,
1998.
ATTEST:
Louc:riebie A. Ellie, City Clerk
1. Loucriabia A Ellie, City a.tt afdla Ci&J a1w • ..., c.a.n.. ....._
certifJ duat tbe llbcmt ud ........ ii a tra..., alb 0. II ,_. _ laal
readiDI ud pabliabed by title -OnliuDee No. __, ..... af 1111.
Laud ti A.l:llia
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ORDINANCE NO. _
SERIFB OF 1996
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BY AUTHORITY
COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED STATES DEPAllTIIENT OF THE INTERIOR GEOLOGICAL
SURVEY AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED "DEPAllTIIENT
OF THE INTERIOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR
WATER RESOURCES INVESTIGATIONS."
WHEREAS, a stream flow pp wbich ia operat.ed and maintained by the U.S. Geolop:al
Suney (USGS) bas bem ill operation lliDce 1990 at Union Avenue and the South Platte Bmir;
and
WHEREAS, the informatim from the pp ia critical durin, low flow perioda to determine
if water muat be releued from aw8eld 8--voir; and
WHEREAS, the data provided by tbe PCiDs .tatim ia required by the State Water
Commiuimer ill order to mab ~ from Cbatfteld 8-rvoir durin, low Oow
aituatiom ill which iDaufflcient water ia available to meet pwnpin, demand• at Union
Avenue Pump Station; and
WHEREAS, tbe Enpewood Department m Utilitiew wbal'N ill the annual c:09t or operatmr
and mailltainial the wtatioo OD a l50 percent baaia, with tbe ~·inill1 l50 percent CODtribut.ed
bytbeUSGS;
NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectien 1 nae • I>eputmmt « tbe lntarior Oeaqical Su'"f Joint Fandinc Asr-mt
Pcw Waa. 8-IW lnflwtiptiOD•" attached u -s.billit A", with tbe Unitied Stat.
Departmmt mtbe batariar Qeolap:al Sunwy ie ba'lbJ waptad and aw-ond by the
..,.__ City c.ouacil. 'l'be Mayor iw autboriad 1lo _. and tbe City Clll'lt to attest and
wl the Ap-11mmt for and OD bebalffAtbe City fABnpewood, Colando.
Introduced, read ill full, and puNd OD tint nadinr OIi tbe Ith day fA llay, 1998.
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Publiabed u a Bill for an Ordinance OD tbe 9th day af May, 1998.
Read by title and puaed OD final readiac Oil tbe 20th day of May, 1998.
Publiabed by title u Ordinance No. __, Seriea of 1996, OD the 23rd day of~. 1996.
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of tbe City of IDpewood, Colando, hereby certify that
tbe above and forepiq ia a true copJ of the OnlinaDce puaed OD 8nal readia, and
publiabed by title u Ordinance No. _, Seriea of 1998.
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,-onn 9-t3ti<i uepaninltm u, ui• mlanor ""', uo
(R:V. "lie) Geological Surwy C09611500
.I Joint Funding Agnement
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the 1st day of October 1995 by the GEOLOGICAL SURVEY,
UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF ENGLEWOOO, party of
the second part.
1. The parties hereto agree that Stalject to the availabilily cl appropriations and in accoidance wilh !her rNpeClive aiihorties
there shall be maintained in cooperation for the operation and maintenance of streemflow gaging stations, South Platte
River at Union Avenue, herein after called the program.
2. The following amounts shall be contri>uted to cover all of the cost of the neceaa,y field and office work clrectly related
to this program, but excluding any bureau level general admiratralive rx acau,ting work in the olice of either party.
{a) $4,225.00 by the party of the first part during the period October 1, 1995
lo Septem,et 30, 1996
(b) $4,225.00 by the party of the second part during the period October 1, !!195
lo September 30, 1996
(c) Addm.i amounts by w:h party during the above period 0t IUCONding periods• may be dllemined by nuual
agrwement and set forth in an nchange of letters between the parties.
3 . Expenses incurred in the performance of this program may be paid by either party in confonnily with the laws and
regulations respectively governing each party, provided that so far as may be mutually agreeable al expenses shall be
paid in the first instance by the party of the first part wilh appropriate ntimbtnement thereafter by the party of the second
part. Each party shall furnish to the other party such statements rx reports of expendilins as may be needed to satisfy
filcal requirements.
4 . The field and office work pertaining to this program shall be under the direction of or subj9ct to periodic: n,view by
an authorized representative of the party of the first part.
5. The areas to be included in the program shall be detemined by nuUII agreement between the parties hereto or their
authorized representatives . The methods employed in the field and office shell be thole adopted by the party of the first
part to insure the reqund slandards of accuracy subject to modlic111io11 by nuual agreement .
6. During the progress of the work al aperatiol• of either party pet1aining to thil program lhal be open to the inspection
of the other party, and if the work is noc being carried on in a nuually lllliRda,y manner, either party may teminat•
this agreerner« upon 60 days wrilten notice to the other party.
7 . The original records resulting from this program wil be dapoaited in the olice of origin of thoae '9COlda. Upon rwqunt,
copies of the original records wil be provided to the offlce of the other party.
8. The maps, records 0t repOtts resuling from thia program lllall be made availlbl9 to the i:u,lic aa pron1Jlly aa poaille.
The maps, records or repOtts normally wil be ~ by the party of the f!rll part Howwer, the party of the NCOnd
part reserves the right to ptJ>lish the l'NUb of thia program and, I ._ ~ by the party of the hi part shall,
upon request, be furnished by the party of the first part, al COIi, imprweic,i• UlalJle b pwpoeea of raproduc:tion limilar
to thet for which the original copy waa praparect. The ,nape, r9COrda or rapor11 ~ by eilta party lhall contain
a statement of the cooperative rations between the parties.
9 . BiRing for this agreement will be rendered arinudy . Paymeru of billa .. due Mhin 60 days
after the billing date . If not paid by the due date, interest wll be charged at the c:urrwnl Treasury rate for -=ti 30-day
period. or portion thereof, thet the paymenl is delayed beyond the due dale . (31 USC 3717; Co,,41bohr General File
B-212222. August 23, 1983.). CITY OF ENGLEWOOD
GEOLOGICAL SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
~R'frJ,L
By Acting District Chief, WAD, Cokndo Dist.
(SIGNATURE & TITLE).
By ______________ _
By ____________ _
(USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED)
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE PROHIBITING THE POSSESSION OF TOBACCO PRODUCTS
BY MINORS IN THE CITY OF ENGLEWOOD, COLORADO BY AMENDING
TITLE 7, CHAPTER 6E, OF THE ENGLEWOOD MUNICIPAL CODE WITH THE
ADDITION OF A NEW SECTION 8, ENTITLED ILLEGAL POSSESSION OR
CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON.
WHEREAS, it is currently a criminal violation to sell tobacco products to any
pel'BOll under eighteen years of age in the City of Englewood; and
WHEREAS, children are finding it eaaier than ever to buy cigarettes or obtain
tobacco products; and
WHEREAS, Philip Morris, a well known tobacco company, bu taken the position
that "Minors should not smoke. Period.• It has also stated that there are many
activities that society dictates should be reserved for adults and smoking is one of
them; and
WHEREAS, Consumer Reports notes that teenagers form the "primary source• of
new smokers in the U.S., equaling the number of adults who give up smoking -or
die from it -each year; and
WHEREAS, the U.S. Center for Diaeue Control and Prevention indicates that
nearly every smoker began u a teenapr. For a poup of people in their 30'a who bad
been daily smokers at aome point-or still.,.. -15'1, atarted at ap 11 or under, 21'1,
lltarted at ap 12 or 13, 26'1, at ap 14 or 15, and 19'1, llt • 16 or 17; and
WHEREAS, tobacco products have been found to be buardou to individuals'
health; and
WHEREAS, the City Council of the City of En,lewood, Colorado bu it in the beat
interest of the health, safety and welfare of the citiama to prahibit the pm im of
tobacco products by minors in the City of Eqlewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tigp 1. The City Council of the City of Englewood, Colorado hereby approvea
amending Title 7 , Chapter 6E, of the Englewood Municipal Code with the addition of a
new Section 8 which aball read u follows :
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7C-8: 11..1..BGAL P08Sl!:88lON OR CONSUMPDON OF 'lUBACCO
PRODUCl'S BY AN UNDERAGE PERSON:
A. DEFINITION: FOR THE PURPOSE OF THIS SECTION THE FOLLOWING
DEFINITION SHALL APPLY UNLESS THE CONTEXT OTHERWISE
REQUIRES:
TOBACCO PRODUCTS MEANS CIGARETl'ES, CIGARS,
CHEROOTS, STOGIES, PERIQUES,
GRANULATED, PLUG CUT, CRIMP CUT,
READY RUBBED AND OTHER SMOKING
TOBACCOS, SNUFF, SNUFF FLOUR,
CAVENDISH, PLUG AND TWIST
TOBACCO, FINE-CUT AND OTHER
CHEWING TOBACCOS, SHORTS, REFUSE
SCRAPS, CUPPINGS, CUTl'INGS AND
SWEEPINGS OF TOBACCO AND OTHER
KINDS AND FORMS OF TOBACCO,
PREPARED IN SUCH MANNER AS TO BE
SUITABLE FOR CHEWING OR FOR
SMOKING IN A PIPE OR OTHERWISE, OR
BOTH FOR CHEWING AND SMOKING.
B. 1. ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE WHO
POSSESSES OR CONSUMES TOBACCO PRODUCTS COMMITS THE
ENGLEWOOD MUNICIPAL OFFENSE OF ILLEGAL POSSESSION
OR CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE
PERSON. ILLEGAL POSSESSION OR CONSUMPTION OF
TOBACCO PRODUCTS BY AN UNDERAGE PERSON IS A STRicr
UABILITY OFFENSE .
2. ILLEGAL POSSESSION OR CONSUMPTION OF TOBACCO
PRODUCTS BY AN UNDERAGE PERSON SHALL BE PUNISHED BY
A FINE OF NOT IIORE THAN ONE HUNDRED DOLLARS ($100.00).
THE COURT, UPON SENTENCING A DEFENDANT PURSUANT
TO THIS PARAGRAPH, IIAY IN ADDfflON TO ANY FINE, ORDER
THAT THE DEFENDANT PERFORM UP TO TWENTY-FOUR (24)
HOURS OF USEFUL PUBLIC SERVICE.
C. THE POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS SHALL
NOT CONSTITUTE A VIOLATION OF THIS SECTION IF SUCH POSSESSION
OR CONSUMPTION TAKES PLACE FOR RELIGIOUS PURPOSES
PROTECTED BY THE FIRST AIIENDIIENT TO THE UNITED STATES
CONSTITUTION.
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D . DURING ANY TRIAL FOR A VIOLATION OF PARAGRAPH B OF THIS
SECTION, ANY TOBACCO PRODUCT PACKAGE, BOX OR CONTAINER
WITH LABELING INDICATING THE CONTENTS OF SUCH PACKAGE, BOX
OR CONTAINER SHALL BE ADMISSmLE INTO EVIDENCE AND SHALL
NOT CONSTITUTE HEARSAY. A JURY OR A JUDGE, WlDCHEVER IS
APPROPRIATE, MAY CONSIDER THE INFORMATION UPON SUCH LABEL
IN DETERMINING WHETHER THE CONTENTS OF THE PACKAGE, BOX
OR CONTAINER WERE COMPOSED IN WHOLE OR IN PART OF TOBACCO
PRODUCTS.
Sec;tion 2. Safety CJ1»1t1 The City Council hereby finda, determinee, and
declaree that tbia Ordinance ia promulgated under the general police power of the
City of En,lewood, that it ii promulgated for the health, safety, and welfare of the
public, and that tbia Ordinance ia neceuary for the preaervation of Maltb and
ufety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object aought to be obtained.
Sec;tign 3 Sexor1biljty If any clauae, MDtence, parqraph, or put of this
Ordinance or the application thereof to any penon or circumatancea aball for any
reason be acljudpcl by a court of competent jurilldiction invalid, such judcment
aball not affect impair or invalidate the remainder of tbia Ordinance or its
application to other penom or circumatancee.
Sec;tion '-!nroneimmt Ordipaps11 All other' Ordinances or portiom thereof
incomiatent or conflictinc with tbia Ordinance or any portion hereof are hereby
repealed to the extent of such inconaiatency or contlict.
Sec;ticm 5 JJ!fftst g( .,...., m; modiflsation The repeal or modification of any
proviaion of the Code of the City of Enpwood by thia Ordinance ahall not releue,
utinfuiah, alter, modify or cbanp in whole or in put any penalty, forfeiture or
liability, either civil or criminal, wbich aball haff bem incurnd under aucb
proviaion, and each proviaian aball be treated and held u ltill remauun, in force
for the purpmee of •uatainint any and all proper adioaa, auita, prweedinp, and
proaecuti-for the enforcement of the penalty, br.iture or liability, u well aa for
the pus,-. of •uatainint any jwlcmet, decree or order wbicb can or may be
rendered, etered or made in auch actiom, auita, proc:eectinp or proaecutiom.
Introduced, read in full, and puaed on 6nt readin, OD the 8th day of May, 1996.
Publiahed u a Bill for an Ordinance on the 9th day ofllay, 1998.
Read by title and puaed on final readin, on the 20th day ofllay, 1986.
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Published by title u Ordinance No. _. SeriN of 1996, oo the 23rd day of May,
1996.
Tbomu J. Barna, Mayor
ATTEST :
Louc:riabia A. Bllia, City Clerk
I, Loucriabia A. Bllia, City Clerk al the City al ........... Colando, hereby
certify that the abo9e md fanpia, is a true copy al the OrdinaDce ,-eel oo tlnal
readiq md publiabecl by title u OrdinaDce No. _. Seriea al 1998.
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF
ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN
RETURN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED
AGGREGATE MATERIALS.
WHEREAS, the City of Englewood OWIUI, operates and maintains a milling
machine utilized to remove the uphalt or concrete l1ll'face from roadwaya for the
purpose of overlaying new uphalt or concrete; and
WHEREAS, the City of Englewood currently provides rotomilling services to the
Cities of Westminster and Littleton in exchange for paint striping and concrete
work; and
WHEREAS, this agreement provides the City of 'nlomton with rotomilling
services by the City of Englewood in euhanp for Englewood's choice of sancl/aalt,
hot miDcl uphalt, or crushed aggregate; and
WHEREAS, the citizens of both the City of Englewood and the City of 'nlomt.an
benefit from such an a,reement; and
WHEREAS, the City Council of the City of Englewood, Colorado authorized such
agreement with the pauap of Ordinance No. 29, Series of 191M, and Ordinance
No. 28, Series of 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS:
lO bfv
S@t:tigp 1. The intel'IO"emmental qreement with rwpec:t to an agreement between
the City of Thomton, Colorado and the City of Englewood, Colorado for an uchanp
of the City of Englewood'• rotomilling Nrvi-to the City of Tbomton in return for
sancl/aalt, hot mixed uphalt, or crushed aare,ate materiale, attached hereto u
"Emibit A," ii hereby accepted and approved by the En,lewood City Council.
S@t:tign 2. The Mayor is authorized to euc:ute and the City Clerk to attest and eeal
the Agreement for and on behalf of the City of Eqlewood, Colorado.
Introduced, read in full, and paued on tint readiq OD the 8tb day al May, 1996.
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Publiabed u a Bill form Ordinance 1111 the 9tb day ~May. 1996.
Read by title and paaed 1111 ftna1 rudiDf CID the 2iOtb day ~May, 1996.
Publiabed by title u ~No._ Seriea ~ 1996, CID the 23rd day ~May,
1996.
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clark ~the City ol ............. Colorado, hereby
certify tbat tbe abaft wl......, ia a"-eapy oldla 0. H mm pMNd CID ftaal
!'WWII wl paNilbed by tide .. Ordirm No. -a... ol 1118.
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON
AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND
SERVICES
THIS AGREEMENT is entered into this __ day of 1996, by and
between the City of Thornton, a Colorado municipal corporation, (hereinafter referred
to as '"Thornton") and the City of Englewood, (hereinafter referred to as "Englewood").
WHEREAS, Section 18(2}(a) of Article XIV of the Colorado Constitution, as well
as Sections 29-1-201, J:1.BSl·, and 29-20-105 of the Colorado Revised Statutes authorize
and encourage governments to cooperate by contracting with one another for their
mutual benefit; and
WHEREAS, Englewood owns, operates and maintains a milling machine utilized
to remove the asphalt or concrete surface from roadways for the purpose of overlaying
new asphalt or concrete; and
WHEREAS, Thornton wishes to utilize said milling machine for use in
maintenance of the streets located within Thornton; and
WHEREAS, Thornton and Englewood desire to contract with one another for the
exchange of goods from Thornton for use of Englewood's milling machine; and
WHEREAS, this Agreement will be of use and benefit to the citizens of both
Thornton and Englewood.
NOW lHEREFORE THE PARTIES HERETO, FOR GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUfflCIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS:
A. RESPONSIBIUTIES OF ENGLEWOOD
1.
2.
Englewood shall make available to Thornton its milling machine during
the period between June l, 1996 and July l, 1996, inclusive, for the purpose
of milling approximately twenty-six thousand seven hundred thirty-two
(26,732) square yards of asphalt at a depth of one and one-half inches.
Englewood shall perform, at all times, all Np&in and maintenance to the
milling machine necessary, including the time periods in which the milling
machine is being used in Thornton .
3. An employee or contractor of Englewood lball opera• the milling machine
for Thornton, at locatioflS and specifications dinctlld by Thornton during
the above specified time periocll. If a contracllDr ol Englewood la UNd to
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perform the work hereunder, that contractor shall be required by
Englewood to indemnify the City of Thornton, it's officers, and employees
from and against all liability, claims, demands, and expenses, including
court cost and attorney fees, on account of any injury, loss, or damage,
which may arise out of or are in any manner connected with the work to
be performed under this Agreement, if such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in
part by ~e negligent acts, errors, or omissions of the contractor, or any
officer, employee, or agent of the contractor.
Englewood shall make available to Thornton the milling machine at the
time specified above. Cost of both delivery to Thornton and return to
Englewood shall be the l'l!Sponsibility of Thornton.
5. Englewood shall maintain, at its own expense, during the term of this
Agreement, Worker's Compensation Insurance as required by the Labor
Code of the State of Colorado, Employer's Liability Insurance, Commercial
General Liability Insurance, and Automobile Liability Insurance with
minimum combined single limits of not less than $600,000 per occurrence.
The insurance required above shall be provided through Englewood's
participation in a governmental insurance pool (ORSA). Englewood shall
cause any contractor of Englewood to procure and maintain minimum
insurance coverage listed herein.
RESPONSIBILITIES OF THORNTON
1. Thornton shall reimburse Englewood for the use of the milling machine by
the provision of goods that are normally purchased by Thornton to be
identified by Englewood from the following items:
2.
3.
a) sand/salt
b) hot mixed asphalt
c) crushed aggregate
The value of the goods supplied to Englewood by Thornton shall be equal
in value to the cost of milling twenty-six thousand seven hundred thirty·
two (26,732) square yards of asphalt one and one-half inches deep. The
value of the above is S . .38/square yard. In the event the amount of
roadway milled is less than or more than the above, the value of the goods
provided to Englewood by Thornton shall equal the yardage milled times
$ . .38/square yard.
The goods shall be delivered to Englewood by the vendor of the goods
once the milling has been completed and the total amount and nature of
the milling has been calculated. Once the amount has been calculated and
agreed to by both parties, Thornton shall complete a vendor purchase
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order for the goods selected by Englewood in the amount of the value of
the milling as calculated in Section 8. 2. above.
4. Thornton shall be responsible for all traffic control and material removal
at the site of the milling work and any other work not associated directly
with the operation of the milling machine itself.
ASSIGNMENT
This Agreement shall not be assigned by either party without the prior written
consent of the other.
D. NOTICE
E.
F.
G.
Any notice required or permitted by this Agreement shall be in writing, and shall
be deemed to have been sufficiently given for all purposes if sent by certified mail
or registered mail, postage and fees prepaid, addressed to the party to whom
such notice is to be given at the address set forth below, or at such other address
as has been previously furnished in writing, to the other party or parties. Such
notice shall be deemed to have been given when deposited in the United States
Mail. The notice shall be sent to:
City of Englewood
Street Operations
2800 South Platte River Drive
Englewood, CO 80110
c/o Wayne Oakley
PARAGRAPH CAPTIONS
City of Thornton
Street Operations
9500 Civic Center Drive
Thornton, CO 80229
c/ o Mason Staub
The captions of the paragraphs are set forth only for the convenience and
reference of the parties and are not intended in any way to define, limit or
describe the scope or intent of this Agreement.
INTEGRATION AND AMENDMENT
This Agreement represents the entire agreement between the parties and there are
no oral or collateral agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the parties. If any other
provision shall be affected by such holding, all of the remaining provisions of this
Agreement shall continue in full force and effect.
w AIVER OF BREACH
A waiver by any party to this Agreement or the breach of any term or provision
of this Agreement shall not operate or be construed u a waiver of any
subsequent breach by either party.
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H . VENUE
This Agreement shall be governed by the laws of the State of Colorado, and any
legal action concerning the provisions hereof shall be brought in the County of
Arapahoe, State of Colorado.
This Agreement shall terminate at such time as the conditions stipulated herein
are complete or upon 10 days advance written notice, whichever occurs first . In
the event the Agreement is terminated by the issuance of advance written notice
of intent to terminate, each party shall be compensated by the other for the goods
and services provided.
J. COMPLIANCE WITH LAW
The work and services to be performed by the parties hereunder shall be done in
compliance with applicable laws, ordinances, rules and regulations.
K. ADDmONAL OC>CUMENTS OR ACTION
L.
The parties agree to execute any additional documents or take any additional
action that is necessary to carry out this Agreement.
INDEPENDENT CONTRACTOR
The parties hereto agree that the employees, contractors, and sub-contractors of
one party are not in any way to be construed as employees of the other party and
as such each are independent contractors. Notwithstanding any provision
appearing in this Agreement, all personnel assigned by Englewood to perform
work under the terms of this Agreement shall be, and remain at all times,
employees or agents of Englewood for all purposes. Further, all personnel
assigned by Thornton to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Thornton for all purposes.
M . GOVERNMENTAL IMMUNITY
The parties hereto understand and agree that Thornton and Englewood, their
officers, and employees, are relying on, and do not waive or intend to waive, by
any provision of this Agreement, the monetary limitations (currently $150,000 per
person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, C .R.S . 24-10-
101 ~-, as it is from time to time amended, or otherwise available to Thornton
and Englewood, their officers, or employees.
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N. AUTHORITy
The parties hereto warrant that the signatories below have full and lawful
authority to execute this Agreement on behalf of Thornton and Englewood.
DONE AND SIGNED ON TiiE DATE ABOVE FIRST WRlTrEN BY:
CITY OF TiiORNTON
Margaret Carpenter, Mayor
ATI'EST:
Nancy Vincent, City Clerk
APPROVED AS TO FORM:
Margam Emerich. Oty Attorney
CITY OF ENGLEWOOD
ATI'EST:
City Clerk
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Date
May 20, 1996
INITIATED BY
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COUNCIL COlmUNICATION
Agendallam
.U 11
STAFF SOURCE
Subject
Award Contract for Centennial
Lake Storm Sewer Outfall
Department of Parks and Recreation Jemtll Black, DinlctDr of Parks and Recreation
COUNCI. GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 1996 Conaervation Trust Fund, which included funding for "Cenllnnlal La1re loulh lhore
lllllprovemenla"
RECOIIIIIENOED ACTION
Staff 111C01ffl181 Ida Council award, by motion, a construc:tlon contract In the amount of $42,941.00 to U.S .
Contractors, Inc. for the construction of "Cenllnnlal Lalre Ir lloml ...., OUlfall Rahlll .... lNI Project".
Staff has investigated the low bidder, U.S. Contraclorl, and finds their experience and quallfteatlon1 acceptable.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFED
Improvements to the South Shore of c.n.nial Lake begar't In 1995 w111't grading and lhor9 mbilization . Grading
included construction of acc111ible pallll lo accammodla whNlchalrs lo tllhlng-. Shore llabllzP!11u
included placement of boulders along the 80Ulh lhor'e . The llllljorlly of 1h11 Mn ... accomplilhed wlll't City
forces .
A problem was oblenled at the outfall of the 98" IIDrm -that drains inlo the lllka. A 11Drm In 1995 caused
erosion problems and identllled the need lo lmpRM the outfall for the Nfaly of perk palronl. ~. the outfall
ii dangerous. a person may -inlo a hale at the oullat which • approadl, .... , I' deep. Pates and ReaNllon
has f9nc:ed this .. to kNP the pubic out
Muller Engineering Company was l..ined by the City to deV9lop plans and spaclllcatloi• for Ilia projact. utllllles
Storm Wel8r Fund and RecrNtion Services jalnlly partic:ipad In the dNign of 1h11 projact. Allmaa allgnmants
and construction ma111na11 ... CCllllidalad. The choNn allllrnative,..... the oulfllll pipe .. Into the lake.
The project includN iiatallatiOn of 24 flNt of•~ pipe, CClllllruction of a ccnna ........ and
rmalion of the outfall channel .......... exc:avalld wll be depodld on the ...a bank or .. lllka lo Nduce
ltNp llopN existing in 1h11 ... Thil alllmative maximizN ufety will't a coal ...... IOlulion.
The bid documanls Included an ...,.. lo place boulderl along the new lhor'e llne. It la recan11•1ded that this
Mn be complelled with 1h11 contract.
FINANCIAL .. ACT
Six bids were received and opened on May a. 11KNS at 2:00 pm• delailad in the llltached Bid Prapoul
Tabulation.
The approved budget for Centennial Lake South Shore lmprovwnenla in11KNS eont.valion Trwt Fund was
$105,000. Adequalll funds for this project ana available w111't1n that budget
LISTOFATTACHIIENlil
Conlnlel Form
Bid Tabulation
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CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this~ day of tsa.¥, l9li
by and between the City of Bnglewood, a municipal corporation of the State of
Colorado hereinafter referred to as the "City•, party of the first part, and
q s CAntr•stATI tos, hereinafter referred to as the •contractor•, party of
the second part. 'lfITRBSSBTH, COlllllellcing on the~ day of am.il, l9li, and
continuing for at least ten (lO) days thereafter the City advertised that
sealed proposals would be received for furnishing all labor, tools, supplies,
equipment, materials and everything necessary and required for the following :
PROJECT : Cent:mmial Lake H XDch ltoza lw Outfall aehabilit:at:ion Project
IIIIBREAS, proposals pursuant to said adverti•-t have been received by the
Mayor and City Council and have been certified by the City Bngineer to the
Mayor and City Council with a recoamendation that a contract for said work be
awarded to the above named contractor who was the lowest reliable and
responsible bidder th
erefore, and
IIHEREAS, pursuant to said recoaaendation the Contract ball been awarded to the
above named Contractor by the Mayor and City Council and said Contractor is
now willing and able to perform all of said work in acco:t"dance with said
adverti•-t and his proposal .
NOW THEREFORE, in consideration of the C0111p8118ation to be paid the Contract,
ehe mutual agre-nta hereinafter contained are subject the the teraa
hereinafter stated:
A. CAntr•st P9rHMDt1: It is agreed by the partiH hereto that the
following list of inatrwaenta, drawings and documents which are
attached hereto, bound herewith or
incorporated herein by reference constitute and shall be referred to
either as the Contract Docwnenta or the Contract and all of said
instruments, drawings, and document• taken together as a whole
constitute the Contract between the parties hereto and they are as
fully a part of this agre-t as if they were set out verbatim and in
full herein :
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
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Receipt, Release, Waiver of Claima
Special Provisions
General Conditions
Detailed Specifications
Plans and Drawings
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B. scope gt Wgrk: The Contractor agree• to and aball furniah all labor,
toola, auppliea, 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 Documenta.
c . Ienne gt Rftrfgnneose: The Contractor agreea to undertake the
performance of the work under this Contract within ten (10) daya from
being notified to ccxm.nce work by the Director of Public lforka and
agree• to fully complete aaid work within forty tixe 14s1 s•ieod•r
day& from the date of aaid notice, plua auch extenaion or extenaions
of time•• may be granted by the Director of Public Work• in
accordance with the proviaions of the General Conditions.
D. Ierma gf P•¥JD1nt: The City agree• to pay the Contractor for the
performance of all the work required under thia contract, and the
Contractor agreea to accept aa hia full and only compensation
therefore, auch aum or auma of money•• may be proper in accordance
with the price or price• aet forth in the Contractor'• Propoaal hereto
attached and made a part hereof, the total eatimated coat thereof
being Corty-two tbovaand nine bundre4 forty-one dollar•
($42 941 00) ·
E. Amor..,nriat"irui gf •uod•: At preaent, $42 241 oo baa bean appropriated
for the project. Notwithatand.ing anything contained in thi• Agr-t
to the contrary, in the event no fundll or insufficient fundll are
appropriated and budgeted by the governing body or are otherwiae
unavailable by any -ans whataoever in any following fiacal period for
which appropriations W9re received without penalty or expense except
aa to thoae portions of the Agr-t or other amount• herein for
which funda have already bean appropriated or are otherwiH available.
The City ahall iaaediately notify q s Cgptrastgr• XPS or it•
aaaignee of auch occurrence in the event of auch termination.
F . CAntr•st Bjpdjpq: It ia agreed that thia Contract ahall be binding on
and inure to the benefit of the partie~.hereto, their heira,
executora, adminiatratora, aaaigns, and' aucceaaora.
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IN lfITRBSS lfllBRBOF, the parti•• have cauaed the•• preaenta to be aigned
peraonally or by their duly authorized officer• or agent• and their aeala
affixed and duly atteated the day and year firat above written.
Thia Contract i• executed in~ c:ounterparta.
CITY OF DIGLSIQ)D
by Na""""yo_r ___________ _
Party of the Pirat Part
ATTBST:
City Clerk Coatrac:tor
Approved aa to form: by ""Part--y-o""! ..... thi.,......,,s-.-cona-...... , ... art__, __ _
City Attorney
A'l"l'SST :
S.c:retary
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CENTENNIAL LAKE ,._,NCH STORIII SEWER OUTFALL REHABILITATION MAY 8, 19116
81D PROPOSAL TABULATJON
Bidder / Pl8fl Holder Bale61a 1S81861aw/All 60ncl
Engineer's Estimate $30,705.00
1 U.S.Conlradolw $35,088.00 $42,941.00 y ..
1111
2 New Design Construction $37,123.00 $50,353.00 y
3 Parker Excavating $38,890.00 $48,340.00 y
4 Wycon Construction 185,971 .00 198,808.00 y
5 Diamond Col ltractil Ill $71,123.20 $80,258.20 y
6 P"*> Construction $94,810.00 $118,880.00 y
LOW BIDDER : U.S .~lnc.
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May 20, 1998
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CCXIIICIL. COIMINICATION
Agendalllm
11 aii
Frank
COUNCL GOAL AND PREVIOUS COUNCL ACTION
8ulljecl
BIi for an onlnancll pulling a
moralOrium on milclllaneous
llcerWN lnlo effect from July 7,
,. 7 1117
This bill for • on1nance ellablllhes a m1sce1aneous licenses moratonum In Ille Clly of Englewood. T1le Clly
Council has .. goals of Improving the business and resldenllal quality of life In Ille Clly. This bll for ordinance
will allow Ille Clly's staff time to review Its current licensing and zoning requlnlmenls. If applcable, staff will
make rec:ornmendallo to Council, and bring Ille necessary aclions to update Ille Clly Code. Also, staff will
review fees and procedurN reg8ldlng millcellllneous licensing.
Al Ille Maye. 1998 lludy NSliorl, staff dllculNd Ille proposed moratorium wllh Ille Council.
RECOMMENDED ACTION
Staff recommends Clly Council approve 1111s bll for an ordinance.
BACKGROUND, ANAL VSIS, AND ALTERNATIVES 1DEN11F1ED
Many of Ille Chaplen In Tille 5 of Ille Englewood Clly Code have not been revtewed or revised for some time.
The moratorium provides staff wllh Ille time to review this Tille.
City staff plans to fflNI wllh COIIClll'lled citizens, business owners, Industry repf9Nl1lalh,es, and Ille Englewood
Chamber of Commerce to gallNN' Input Into 1111s process If It II requaled.
Altematlvely, staff could '9View a-c:llaplers In Tille 5 wllhoul a montorium, bul tllerw II a rllk of bllllneael
being licllnsed 11181 would not olhelwlle be llcenNd after Ille l9Villonl .. made and the l1IOl'lllorlum llfted.
FINANCIAL .. ACT
Ounng Ille moralorlum period no llcllnNs wll be luued, nor wll llcenN fees be callecled. TIie amounl of loll
revenue should not exceed $5,000. Some of this loss may be made up after Ille moralOl1um and llcenllng II
resumed.
UST OF ATTACHMENTS
Copy of a bill for an ordinance.
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
A BILL FOR
//1,Ll
COUNCIL BILL NO. 28
INTR0DUC1'Jlf'J,OUNCIL
MEMBER --<'.
AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR
MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR A
PERIOD OF SIX MONTHS.
WHEREAS, the current miscellaneous business licensing procedures are
anti'IUllted and need to be updated; and
WHEREAS, City Council has directed staff to review and revise, ifnec:euary, the
miecellaneoua buainen licen&e11 for the City; and
WHEREAS, staff will need sufficient time to review and coordinate the
miscellaneous business licensing provisiona of the Englewood Municipal Code; and
WHEREAS, Council deems it n-.ry to coordinate the ~ of its
miscellaneous businesses licensee and finds it appropriate to ceue licensing until
the review and revised procedures are reviewed by the staff and City Council; and
WHEREAS, the Englewood City Council bas also directed City staff to review the
Broadway corridor zoning and appropriate usee for the corridor; and
WHEREAS, the City Council bu indicated that the study of the Broadway retail
corridor should be coordinated with the updating of licensing; and
WHEREAS, in order for the City to comply with the arsuments made in Or J:irnited
YI Cjty of End0llfll9CI, Case No. A86CV1243, the moratorium or temporary
suspension must apply to all miscellaneoua buainNs Ii-unlen speciftc
e:a:emptions can be legitimately let forth due to a &ndinc that a type ofbuainea abould
be e:a:cluded; and
WHEREAS, the revisions to the miecellaneoua bu.linen Ii-and the updating
of the Broadway corridor zoning will help protect the public health, safety and welfan,
by the preeerving the sound fiscal balance for the City in proviclinc municipal
services within the City limits; by maintaining a sound balance between available
public resources, facilities and services and the demands for such services; and
preeerving a safe, healthy, and sound environment within the City; and
WHEREAS, the citizens of Englewood and the City Council have determined that
revisions to zoning along the Broadway corridor are neceuary to promote,
coordinate, innovate, high quality plan to produce a well balanced corridor in the
City; and
WHEREAS, the current zoninr for the Broadway corridor ia not meetiq the above
criteria; and
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WHEREAS, the City Council finds that a m month moratorium or temporary
suspension of licensing ia necesaary to implement the licensing revisions and to
provide time for the Broadway corridor study; and
WHEREAS, the liquor licensing provisions adequately insure a needs and desires
testing of applicants and should therefore be uempt from thia temporary auapenaion
or moratorium; and
WHEREAS, aeuonal or one time buain-will not llignific:antly impact the
miacellaneoua business licensing or Z01UDf of the Broadway corridor and should
therefore be uempt from thia temporary suapension or moratorium;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT A TEMPORARY SUSPENSION OR
MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FROM
JUNE 10, 1996 TO DECEMBER 10, 1996, SHALL BE ESTABLISHED AND SHALL
COMPLY WITH THE FOLLOWING PROVISIONS:
Sectign 1. Said moratorium or temporary auapenaion of miacellaneoua business
licenses ehall include the following:
Amusement Arcade License.
Amusement Center License.
Amusement Device License.
Billiards and Pool Table License.
Bowling Alley License.
Carnival License.
Circus License.
Itinerant Show Lic:eme.
Public Dance License.
Mauap Therapy Clinic Licenae.
Musap 'lberapiat Licenae.
Musap 'lberapiat Clinic.
Adult Book Store Liceme.
Adult Motion Picture Theater Liceme.
Adult Danciq Eatablishment.
Contractor Licensing: Cius A,
Cius B, Cius C, Cius D,
Cius E, and Cius F .
Certificates of registrations for
electrical, plumbing and
plumbing/mechanical.
Automobile Wrecking or
Junk Yard Liceue.
Auction Houae License.
Itinerant Auctioneer License.
Ccmval-t and Keat Hmne
Licenae.
Police and Detective Seni-
(private ftrma) Liceme.
Direct Bel.liq License.
Pawnbroker License.
Arboriat Liceme.
Temporary Employment
Servi-Li-.
Food Vendor License.
Sectign 2. Said moratorium or temporary auapenaion of mi-ilaD80WI buainw
licensee shall not include the followinc:
Licenaee that will be umnpted rrom the propoeed moratorium include the
following:
Alcohol Beverapa (State and local control).
Chriatmu Tree Dealers (Seuonal).
Ooiq Out of Buainw, Fire, Smote and Wat. Damapd
Goods Salee (temporary in nature).
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Semm a. The Englewood City Council dinc:ta City staff to develop appropriate
recommend•tiolUI to Coancil, within m months, to be couutent with tbia OrctiuDce
and aball provide for an updating of tbe City lic:ensin, procedure for m.-0•,,_.
buain-lic:emN and aball provide rec:ommendetiom u to tbe zoninr of tbe
Broadw•y corridor.
Sectim 3. The City Council flDda tbe proYiaiana or tma Ordinm ue taaponry in
uture and ue intmdild to be npq,ced by aubaequmt lepletne ...-ctment tbe
temporary IIUIJ)8UiaD of airceP._ ~ U-u apecUlecl in tma
Ordinm which lbell ....... cm o.c.m., 11, 1918.
Introdamd, reed iD ftall, ead ......... tint nllllinc • tbe 2otb clay oflley, 1998.
Publiebed u • Bill ... -OrdiDaDee -tbe 23rd clay of lie:,,
ATTEST :
I, Loucriebia A. Bllia, City a.It oftbe City of ......... Celando, ._ certift
that tbe --........... ia. tne cap:, of. BiD ... -<>nliuDm, iatndwd,
read in ftall, and,...... cm tint nadiq cm tbe 20th clay of lie:,, 1111.
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COUNCIL CQIQIUNJCATION
DATE : May 20. 1996 AGENDA ITEM SUBJECT: Amendment of
Comprehensive Zoning
11 ai ii Ordinance
Planned Unit Development
(PUD) Ordinance
INrI1ATED BY: Office of Netghborhood STAFF SOURCE: Mark Graham
and Business Development Neighborhood Community Coordinator
com,cg, GOAL .AllQ PIISYIQQI CQUIICJL ,ACIJQN;
RmncQ Gotli
Community Interaction --Creating a development process where citizens can be notified
early of PUD development proposals and attend a public meeting about the proposed PUD
before the development application is submitted. The PUD process provtdes several
opportunities for the public to offer suggestions for improvtng a project and mitigating
impacts In public meetings and hearings. The proposed amendments create a process
that better responds to the market on routine requests.
Economic Development --Quality development helps Englewood promote itself as an
attractive place to do business. The PUD process not only assures the quality
development demanded by residents but is also market driven so it advances the City's
pro-business commitment
Pleylgw RmncQ Actkmi
City Council conducted the public hearing on the PUD on May 6, 1996. 1be Council
requested an amendment to Include a public meeting early In the revtew process. City
Council accepted the Ordinance for ftrst reading on April 1 and set the public hearing
date. The PUD Ordinance was d1scussed at the March 4. 1996 Council Study Session
when Council recommended minor changes and directed staff to bring the proposed
Zoning Ordinance Amendment forward to a regular Council meeting. Pr1or to Council's
Study Session. the Englewood Planntng and Zoning Comm1.uton reviewed the proposal on
February 6, and January 23, 1996 and voted unanimously to recommend approval of the
Planned Unit Development ordinance (as amended) to Council.
RljCOIQQRQ)p) ACDOff;
The bill for an ordinance is being reintroduced wtth the requested amendment for a public
meeting before a formal application for rezoning la accepted. Council is requested to
approve the ordinance as amended and schedule a vote for ftnal puaage on June 3, 1996 .
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MCIOPOmo>, NJALJIII, AID 61«TltlUJADD8 IPM1Vl&Pi
BACKGROUND--Under current provisions, Englewood requires developers of projects over
one acre or over four attached dwell1ng units to obtain a Planned Development (PD)
Overlay approval. The Issue Is often neither residential density nor land use but In most
cases the PD ts necessary to obtain site plan review and approval. The current PD
ordinance requires that Overlays be consistent wtth the underlying zone district. Based
on staff's assessment there are two Issues: First, the current PD process Is overly
complicated for reviewing site plans; and second, the current process Is not clearly
sufficient to permit new uses as a rezoning process. The first problem requires a new
property development ordinance for reviewing use-by-Tight site plans. Staff has begun this
new process. It Is anticipated to be before Planning Commission and City Council later
this year. The second problem Is resolved wtth the adoption of the proposed PUD
ordinance.
ANALYSIS--Staff recommends that Englewood develop zoning processes more appropriate
to development requests. Under the proposed PUD . large land area or complicated land
use proposals would be ~ In three stages by staff, and two stages by the Planning
and Zoning Comm188ton. and City Council. Pint, the proposed PUD process requires a
pre-application conference between staff and developers followed by a staff response to the
developer. lleoaad, staff. the Planning and Zoning Commission and City Council would
always review the PUD District Plan which establishes the permitted land uses. locations.
and development standards. Tldld, the propoeed ordinance also requires staff to review
all PUD Site Plans and gtves discretion to the Planning and Zoning Commi8sion and City
Council which may require their review of PUD Site Plans or authorize staff to complete
the rev:lcw or spedftc site plans.
The proposed PUD process provides for Increasing levels of detail as the review
progresses. while provtdmg timely answers to developers at speclfled lntervala tn the
process. The propoeed PUD process provides ftexlbllity to the Planning and Zoning
Commission and City Council to determine whether their review or the PUD Site Plan ts
desirable. The PUD rezoning process requires developers to deatgn their projecta to
mitigate impacts idenUfted by developers. staff, Planning and Zoning Cornrnteekm., C1ty
Council and the public. The new PUD process and crtterla, together With the exl9Ung
criteria for rezoning, ts sufficient to spcc1flcally review the land uaes and densities
approved on the PUD District Plan by the Planning and Zoning Commlalllon and C1ty
Council. A proposed PUD Site Plan must be consistent With a PUD District Plan and will
provide sufficient detail to assure that project impacts are adequately addressed.
mwrcw, QIPAC'fi
No funds are requested wtth this proposal.
UST Of' 4JTNCB!PR!1'1;
Proposed Bill for Ordinance
Staff Report Case # OR-96-2
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Staff Report
To :
Tbru :
From:
Date:
Suject:
REQUEST
&pwooci ........ and Zoaias Ce F F ·w:,n
Robert Simpton. Mmpr, Neipbol'hood and Bunea Deveqi ,_,,
Mark Graham. Neipborboocl 0--anity Coonlillllor
February 2, 1996
PC Dale: Flbnmy 6, 1996
l'laaaed Uait Dffll1paeat (PIJD) 1.w Dimtct
Eaalewood c-pn11---z..sOn11auceAa...._•,
Cue# OR 9'-02 (Conrinaed &om Jmmry 23, 1996)
The request before the Enalewood Plannina and Zonina Commission ii for the approval of a
Planned Unit Development (PUD) zone district. u revised. After your review, c:ommem and
approval staff'will forward the PUD ordinance to City Council for approval. Council approval of
the PUD zone district ordinance will amend Enpwood's Comprehensive Zoaina Ordinance .
Fmd attached a copy of the drift. miall Planned Unit Dewlopmeat mne district ordinance for
your consideration.
RECOMMENDATION
1. Staff' recommends that the £nalewoocl Pllnnina and Zonina Commission approve the
attached Planned Unit Development (PUD) zone disaic:t u an amendment to Enpwood's
Comprehensive Zonina Ordinance.
2. Staff'recommends that the Planniaa and Zoaina Commission recommend to Cay Council
approval of the zonin1 amendment.
BACKGROUND
The proposed PUD ordinance bu bem revilld in respome to Enpswood Planaina 111d Zoning
Conunission conunents at the January 23, 1996 Public ffarina. Std'bu added provilioas for
appeal. zoning and site plan reversion, desip c:oasideruioa, and model &ndiap. Std revised
other provisions.. incJudina : waiver ofmbmiual requirements and the authority ofdle Commission
to review both the PUD District Plan and by request. the PUD site plan . Other revisions ue
based on fbnher research into similar ordinanca of adjacent cities IDd COfflNllmQ receiwd from
other City depanments.
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lll:VISIONS
Six sipificant revisions are addrased in the revised PUD Ordinance. Those revisions are lilted
below with a brief' COllllllelllaly abaut -=IL
1. Almal-Appeals 10 -« decin• abaut a project may be made to t11e Plaanina •
Zaaial Commission (PZC). Appall 10 PZC ileciu1 oa PUD requiremeats may be
made to tbe Cay Council. Qy Council .._,..maybe app 1aled 10 tbe couru.
2. lmaioa OPJs. PUD Dilllict Plan maa11..n revwt to die previous zoailll two
years after Council approval iftbe Cily detea ...... diat DO ........ propal 1111 been
made to develop die site ac:con1iaa 10 die approwid PUD Dilllict PIia. Jlraarw ..a be
deemed to man approval oC a POD Site PIia or iam fl a Buildias Pwmit. Appli 1111
may request a one year atension The Pllaailis 111d Zoaiaa C N .... may deteimille
whether substantial propas ii evidenl bued OIi die ilNformalioa 111'..ad with die
application.
PUD Site Plan shall become null and void two years after P1anaina Commiaion approval
if the City determines that no subltantial pn,area hu been made to develop die site
according to the approved PUD Site Plan. Proareu shall be deemed to nan iuuaace of
a Buildina Permit widlin a two year period . Applicants may request a one year maemion.
The Plannina and Zonina Commission may detamille whether IUbstamial propas ii
evident bued on the iaf'ormalioa praaed widl die application .
3. Submittal Jlcquiremcnts. The authority to waive lllbmiual requiremeab is more c1earty
defined . On PUD Dillrict Plans and Site Plaas diat NqUire PZC review, sdmay oaly
make recommendaliom to die PZC to waive IUbmiaal requiremeats. The laal decilioa is
up to the PZC which may accept or revile dlOle requiremeab It their...,. For PUD
Site Plans requiJ'ina administrative review, al"may waive IUbmittal requinmelNls if they
determine that they are not applicable or otherwise unnec:euary for the miew of a
specific project . In both cues ad nut explain their decilion in writina to die PZC when
any submittal requirements are waived.
4 . Design Review . Staff"s authority to review daip iuues ii seated aplic:idy. Std'may
review architectural elevations and buildina materials. landlClpt plans 111d materials, and
may approve, condition approval on c:hanps. or deny plan approval if the cleaips or
materials are inappropriate.
5 . Qwncahip . A provision hu been added that requires aD contipoas property under one
ownership be included in a PUD application.
6. f"tndjngs for Apprgval . The PZC shall make findinp for approval of the District Plan 111d Site
Plan and may add others deemed appropriate bued on the information c:onrained in the
documents and statements at the public hearing.
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cc: aablrt Sil • 11111. ICM I"
Cae. Oil 96-01 file
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MEMORANDUM
~tyCouow·
Du. Brotzman,
DATE · City . May 15, 1986
TO :
FROM:
. C.B. 19 • PUD REGARDING·
CC :
DB/nf
Doq Clark
BobSimpaan
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SUFFICIENTLY DETAILED PLANS AND DESCRIPl'IONS OF THE
PROPOSAL, POR fffAPF TO MAD THE DETBBIIINATIONS
REQUIRED IN TIUS TITLE. TYPICALLY THE PRE-APPLICATION
SUBMITl'AL INCLUDES A SKETCH PLAN DRAWN TO SCALE
SHOWING STBUCl'UU ENVELOPES, AND BNVBLOPBS POR
NON-STRUCTUUD U8BS OF THE PROPBRTY SUCH AS
PARKING AND LANDSCAPING. A TRANSMITl'AL LETTER
DESCRIBING THE PROJECT AND LAND UBE SHOULD
ACCOMPANY THE SlUrn.al PLAN. AS A BBSULT OF THE PRE-
APPLICATION UVIBW, THE CITY SHALL:
A. INPORII THE APPLICANT IN WIUTING OF APPLICABLE
CITY POUCIES, PLANS, AND BBQUlllBIIBNTS AS THEY
APPLY TO THE PROPOSED DEVELOPMENT PROJECT; AND
B. REVIEW WITH THE APPLICANT THE APPROPRIATE
PROCBDuaBS Otn'LINBD IN THIS SBCTION AND WITHIN
THE ZONING ORDINANCE; AND
C. DISCUSS WITH THE APPLICANT THE APPROPRIATENESS
OF THE PRE-APPLICATION BBQUBST WlTB RBSPECT TO
THE POUCIBS AND RBGULATIONS SET PORTH WITHIN
THIS ZONING ORDINANCE AND THE COIO'BBBBNSIVE
PLAN; AND
D. DISCUSS WlTB TBB APPLICANT TBB l88UBS BBLATBD TO
LAND UBE, LAMD8CAPING CONCBPTS, AND OVBBAIL
PROIBCT DBSIGN; AND
E. DISCUSS Wl'l'II TBB APPLICANT TBB l8IUl:s IISLATBD TO
ANY AM'l'ICIPATBD DIPACT; AND
P . DAIIINB AND IIBYIBW WlTR TBB APPLICANT POSSIBLE
ALTBIUIATIVBS oa IIODIPICATIONS IIBLATBD TO THE
PROPOSED APPLICATION.
I. PIJD NPICPl80mlOOD WIING AND NO'l"D'ICA'l'I
A. WiiNG llllqlDm. 'l'IIS.APII.ICANl'IIIML IIOU> A
NMMNNJIIIIOOD WIING DI NXXllllMNCS Wil'II cm
NOCIIJIJIIIB'IOI-N'naa...aML-CWA
IOIDIAL PIJDAPl'UCA'IIONIIIAU.-ALCD'tm Bl''l'IIS
CITY.
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B. PUBP08E. TBB NBIGIIBOIIIIOOD IID'l'ING IS INTENDED
TO BB AN OPPORTVNrl'YPOR TBB APPLICANT TO
DB8CBIIIB TBB PIIOPO&AL.AS WIIU..AS POllAIIBA
BB8IDBNT8 AND PBOPBlrn' OWNm TO onD INPUI'
ABOUT 'l'IIB PROPOSAL AN ll:AIILY 8TAGB. 'l'BB
APPLICANT 8IIALL BOLD 'l'BB Jla'l'ING AT A '111D AND
LOCA'l'ION MX1lPIIN a AND OONVINIDl'l' POil '11111:
POIILIC. TBB CftTIIL\LL-WWWdD AT'l'IIB
IIBETING. TBB CDT ........n'A'DVB IIL\LL PBBPABE
A WBn"l'EN IIBPOllT OF '11111: WUNG AND IMO COPIES
AVAILABl.a TO '11111: DRT ST.An, '11111: APPLICANT AND
TBB PIJIIUC.
C. IIADP NO'DCE. '11111: APPLICANT 8IIALL IIAIL
WBITl'EN NO'l'll"ICA'l'ION OF '11111: NBIGPROIIIIOOD
IIBBTING TO PBOPDTY OWND8 Wl'l'IIIN ftVII:
lllJNDBED l'BBTOP'l'IIB Wd&OP'IIIB PIIOPOaD
DEVELOPIIIBNT. NO'IU'ICA'l'ION SBALL • TO HiOFiilil
OWNBBS OP IIBCOIID AT'l'IIB AIIAPAIIOB COIJN'IT cu:mt
AND lllllCOBIJ8 Ol'l'ICB nlOM DATAAVMLARJa Wl'l'IIIN
NINBTY DAD Ba'OIIB IIAILING. 'l1IB APPLICANT IIL\LL
PROVIDE A IIAIUNG LIBTTO 8T.Aff AND C&itiVt '!BAT
LB'i IW wm 114na, VIA 'l1IB 1J8 fOSl'AL 8BRViCB TO
'11111: Ll8'l'BD AlllllPIMM AT UWl'l'n:N DAD PIIIOll TO
'l1IB NDIMIIOIIIIDOD mnNG.
I. PUD DISTRICT PLAN : THE APPLICANT SHALL SUBMIT FOR
CITY REVIEW A IIINDIUII OP FIVE (6) SBTS OP TIIB PROPOSED
PUD DISTRICT PLAN. A COIIPLBTB SUBIIITl'AL SHALL BB
AVAILABLE FOR REVIEW NOT LESS TRAN FORTY-FIVE ('6)
BUSINESS DAYS PRIOR TO TIIB RBGULAR PLANNING AND
ZONING COIOIISSION IIBBTING AT WRICH TIIB DISTRICT
PLAN WIU. BE SUBMITl'ED TO TIIB COIIMISSION.
APPLICATIONS SHALL BE DDDD COIIPLBTB ONLY UPON
SUBMITl'AL OP ALL REQUillED INFORMATION. REVIEW WILL
NOT OCCUR UNTIL THE APPLICATION IS COIIPLBTE. TIIB PUD
DISTRICT PLAN SHALL BE SUPPICIENTLY DETAILED TO
INDICA'n: THE GENERAL OPERATION AND APPEARANCE OP
THE DEVELOPMENT AND SHALL INCLUDII: Btrr SHALL NOT
NECESSARILY BE LDIITED TO, THE FOLLOWING:
A THE NAME AND LOCATION OP THE PROPOSED
DEVELOPMENT ; AND
B. THE NAMES, ADDRESSES AND PHONE NUIIBEBS OP TIIB
APPLICANTS, OWNERS, DEVELOPDS AND DESIGNDS OP
THE DEVll:LOPIIENT ; AND
C. DOCUMENTATION CONPllllllNG THAT THE APPLICANT
HAS LEGALLY SUfflClll:NT DITDll:8T IN TIIB PROPll:RTY
PROPOSED FOR DBVll:LOPIIDIT, OR IS THE DULY
AUTHOIUZED AGENT or SUCH A PSISON; AND
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H. A GENERAL INDICATION OF THE EXPECl'ED SCHEDULE
OF DEVELOPMENT INDICATING:
1. THE APPROXIMATE DATE WHEN CONSTRUCTION
OF THE PROJECl' CAN BE EXPECl'ED TO BEGIN; AND
2 . THE STAGES IN WIUCH THE PROJECT WILL BE
BUILT;AND
3. THE COMMON AREAS INCLUDING BUT NOT LDllTED
TO OPEN SPACE, DRIVE AISLES, PARKING AND
SERVICE AREAS THAT WILL BE PROVIDED AT EACH
STAGE;AND
I. OTHER INFOIUIATION DEEMED NECESSARY,
REASONABLE, AND RELEVANT TO EVALUATE THE
APPLICATION.
4. CITY REVIEW:
A. UPON COMPLETE SUBIIITl'AL, THE CITY SHALL REVIEW
THE PUD DISTR.ICT PLAN FOR COMPLIANCE WITH THE
PROVISIONS OF THIS CHAPl'Ell. THE CITY SHALL
FORW AllD WRITTEN RECOIOIENDATIONS TO THE
PLANNING AND ZONING COIIIIISSION AND SHALL
SCHEDULE A PUBLIC HEAB.ING WITHIN FORTY-FIVE
DAYS OF RBCEIVING A COMPLETE SUBIOTl'AL.
B. THE PLANNING AND ZONING COIIIIISSION SHALL
FORIIALLY CONSIDER TBB DISTRICT PLAN IN A PUBLIC
IIBAIUNG. THE PLANNING AND ZONING COIIIIISSION
SHALL KAKE THE FOLLOWING FINDINGS:
1. THE PUD DISTRICT PLAN IS, OR IS NOT, IN
CONFOIUIANCE WITH THE DISTB.ICT PLAN
REQUIREMENTS AND THE COIIPRBHBNSIVB PLAN;
AND
2. ALL REQUIRED DOCUMENTS, DRAWINGS,
REFEllRALS, BBCOIOIENDATIONS, AND APPllOV ALS
HAVE BDN llECEIVBD; AND
3. THE PUD DISTRICT PLAN IS CONBl8TINT WlTII
ADOPTED AND GENBBALLY ACCBPnD STANDAllDS
OF DEVBLOPIIBNT IN THE CITY OF DGLBWOOD;
AND
4. TBB PUD DISTRICT PLAN IS SUBSTAN'nALLY
CONSISTDIT Wffll THE GOALS, 08.IBCTIVD.
DESIGN GU1DBLD1D. POLicm& AND ANY Ol'IID
ORDINANCE, LAW OR ll8QUIBDDNT OF THE CITY;
AND
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ORDINANCB NO. _
SERmOF1996
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BY AUTHORITY
k. /!>ILL-rO~ ·
COUNCil. BILL NO. 19
l!ff!lODUCED BY COUNCil.
MBIIBBR HATHAWAY
AN ORDINANCB RBPBALING 'lTft.E 18, CHAPl'ER ,, RCl'ION 15, BNTlTLBD
PLANNED DEVELOPMENT DISTRICT OF THE ENGLEWOOD MUNICIPAL
OODB 1986 AND ENACTING A NEW Tffl.B 18, CIIAPl'BR 4, SBC'ftON 15,
ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT.
WHEREAS, the current Planned Development (PD) proceu ia overly complicated
and ia not sufficient to permit new uaea in the rezoning proceu; and
WHEREAS, a Planned Unit Development (PUD) proceu would be more
appropriate for a large land area or complicated land WM! propoeala becaWM! of the
three stage revi-of any propoeed development; and
WHEREAS, a Planned Unit Development (PUD) three staged review, with criteria
for approval, provides for a thorough review of all aapecta of the propoeed
development; and
WHEREAS, the propoeed Planned Unit Development (PUD) proc:eu provides
tle:lribility to the Planning and 1.oning Commission and the City Council in their
~ of a propoeed development plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
s.;tigp 1. The Englewood City Council hereby repeals Title 16, Chapter ,, Sectioo
15, entitled Planned Development Diatrict of the Enclewoocl Municipal Code, 1985
and enacta a -Title 16, Chapter ,, SectiOD 15, entitled Planned Unit Development
Zone District, which will read u fol1DW11:
16-4-15: PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT:
A . INTENT. THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
REPLACES THE PLANNED DEVELOPMENT (PD) DISTRICT IN THE
ZONING ORDINANCE TITLE OF THE ENGLEWOOD MUNICIPAL
CODE . PD DEVELOPMENTS APPROVED PRIOR TO JULY 1, 1996 SHALL
CONTINUE TO BE GOVERNED BY THE RESPECTIVE DEVELOPMENT
PLANS AND THE REGULATIONS OF THE UNDERLYING ZONE
DISTRICTS. REZONING APPlJCATIONS FOR THE PD ZONE DISTRICT
NOT APPROVED BY JULY 1, 1996, SHALL BE REVIEWED ACCORDING
TO PUD CRITERIA AND, IF APPROVED, SHALL BE DESIGNATED PUD.
NO ADDfflONAL PD DESIGNATIONS SHALL BE GRANTED APTER
JULY 1, 1996.
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THE PROVISIONS OF TIUS SECTION APPLY TO AU LANDS, USES,
AND STRUCTURES IN OR TO BE REZONED TO THE PLANNED UNIT
DEVELOPMENT (PUD) ZONE DISTRICT. THE PUD ZONE DISTRICT IS
INTENDED AS AN ALTERNATIVE TO CONVENTIONAL LAND USE
REGULATIONS . THE PUD ZONE DISTRICT COMBINES USE, DENSITY,
DESIGN AND SITE PLAN CONSIDERATIONS INTO A SINGLE PROCESS,
AND SUBSTfflJTES PROCEDURAL PROTECTIONS FOR THE
REQUIIlEIIENTS OF TIUS SECTION. THE PUD ZONE DISTRICT IS
SPECIFICALLY INTENDED TO:
1. PROVIDE DEVELOPMENT CONCEPl'S NOT CTl'HEKWISE
PERMITl'ED WITHIN CONVENTIONAL ZONE DISTRicrs; AND
2. ENCOURAGE FLEXIBILITY, UNITY, QUALITY URBAN DESIGN,
AND DIVERSITY IN LAND PLANNING AND DEVELOPMENT,
RESULTING IN CONVENIENT AND HAB.IIONIOUS GROUPINGS
OF USES, STRUCTURES AND COMMON FACILITIES; VARIED
DESIGN AND SITE LAYOUT; AND APPROPRIATE
RELATIONSHIPS OF SPACES TO INTENDED USES AND
ADJACENT PROPERTIES; AND
3 . PROVIDE THE OPPORTUNITY FOR UNIFIED DEVELOPMENT
CONTROL FOR A SINGLE PARCEL OR MULTIPLE PROPERTIES;
AND
4. ENSURE CONSISTENCY WITH THE ENGLEWOOD
COIIPRERENSIVE PLAN; AND
5. PROVIDE FOR THE PUBLIC HEALTH, SAl"BTY, INTBGBJTY AND
GENERAL WELFABB, AND OTHBilWISE ACBIEVB THE
PURPOSES PROVIDED IN THE PLANNED UNIT DEVBLOPIIBNT
ACT OF 1972, TITI.E 2', ARTICLE 87, COLORADO IlEVISBD
STATUTES 1973, AS AMENDED.
PURPOSE.
1. REQUESTS FOR ZONING OR REZONING TO THE PUD ZONE
DISTRICT SHALL BE FILED ON A CITY APPLICATION FOllll,
TOGETHBll WITH ALL PLANS, IIAPS AND ANY OTHBR
INFORMATION AS MAY BE NBCESSABY, REASONABLE AND
RELEVANT FOR REVIEW BY THE CITY. THE APPLICATION
SHALL BE AUTHORIZED IN WRITING BY THE OWNBR<S) OR AN
AUTHORIZED AGENT. APPLICATIONS YUST BE SUBIIITTBD
WITH FUS WIDCH SHALL BE ESTABLISHED BY COUNCU.
RESOLUTION .
2. PUD APPUCATIONS SHALL ONLY BE CONSIDBUD FOR
PROPBRTIBS GUATBll THAN ONB-BALP ACRE.
3 . PUD APPUCATIONS SHALL OENBL\LLY BB IN ACCORDANCE
W1TR THB STANDAllD8 FOR ZONING OR DZONING
PROVISIONS OF TBS ENGLEWOOD IIUNICIPAL CODS (S.11.C .),
TITI.E UI, CIIAP'l'Zll 3 OF TBS S.11.C ..
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C. PROCESS. THE PLANNED UNIT DEVELOPMENT ZONE
DISTRICT RZQUIRES THREE STAGES FOR PUD PROJECT REVIEW
AND APPROVAL : ll PRE-APPLICATION REVIEW; 2) PUD DISTRICT
PLAN REVIEW AND APPROVAL; 3) PUD SITE PLAN REVIEW AND
APPROVAL .
1. PRE-APPLICATION REVIEW: STAFF SHALL REVIEW
PRELIMINARY PROPOSALS AND PROVIDE WRITl'EN
RECOMMENDATIONS TO POTENTIAL APPLICANTS. NO
PROJECT APPROVAL IS IMPLIED OR GRANTED AT TIUS EARLY
REVIEW STAGE.
2. PUD DISTRICT PLAN: THE PLANNING AND ZONING
COMMISSION SHALL MAKE A RECOMMENDATION TO CITY
COUNCIL FOR FINAL ACTION ON A PUD DISTRICT PLAN
ZONING REQUEST.
3 . PUD SITE PLAN: PUD SITE PLANS MAYBE REVIEWED BY THE
PLANNING AND ZONING COMMISSION WITH A
RECOMMENDATION FOR FINAL ACTION BY THE CITY
COUNCIL OR MAY BE REVIEWED AND FINAL ACTION TAKEN
BY THE CITY'S DEVELOPMENT REVIEW TEAM (DRT) IF SUCH
AUTHORITY IS GRANTED TO THE DRT BY THE CITY COUNCIL
AS PART OF THE PUD DISTRICT PLAN APPROVAL.
4. DEVELOPMENT REVIEW TEAM: THE DEVELOPMENT REVIEW
TEAM <DRT) SHALL CONSIST OF REPRESENTATIVES PROM
CITY DEPARTMENTS AS REQUIRED BY THE CITY MANAGER.
THE DRT SHALL BE RESPONSmLE FOR REVIEWING
APPLICATIONS. THE DRT IS ALSO RESPONSmLE FOR
REFERRALS AS APPROPRIATE TO: GOVERNIIENT AGENCIES,
UTILITIES, NEIGHBORHOOD ORGANIZATIONS, OTIIBll
INTERESTED OR AFFECTED PERSONS OR ORGANIZATIONS.
D . PERMITl'ED USES. THE PUD DISTRICT PLAN SHALL PDIIIT ANY
USE WHICH IS A PERMITl'ED USE IN ANY ZONE DISTRICT OF THE
CITY, OR AS MAY BE PERMITl'ED THROUGH THE "SDIILAR LAWFUL usr DETERMINATION PROCESS IF ALLOWED IN THAT ZONE
DISTRICT WHEN SUCH USE IS PROVIDED FOR AND APPROVED IN
THE PUD DISTRICT PLAN AND WRITTEN STIPULATIONS.
E . PUD DISTRICT PLAN REQUIRED. APPLICATIONS SHALL BE
REVIEWED UNDER THE PROVISIONS OF TIUS CHAPTER AND
OTHER APPLICABLE CITY, COUNTY, STATE ANDIOR FEDERAL
REGULATIONS .
1. PRE-APPLICATION REVIEW : THE APPLICANT SHALL
REQUEST A PU-APPLICATION REVIEW WITH THE CITY PRIOR
TO FORMAL SUBMITTAL OF A LAND USE APPLICATION. THIS
REVIEW SHOULD TAD PLACE PRIOR TO ANY SUBSTANTIAL
INVESTIIENT, SUCH AS LAND ACQUI8JTION, Sffl AND
ENGINEDING DISIGN OR THE nBPAllATION or OTIISll
DATA. IT IS THE APPIJCANTS USPONSIBILITY TO NOVIDB
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SUFFICIENTLY DETAILED PLANS AND DESCRIPl'IONS OF THE
PROPOSAL, FOR fffAFF TO MAD THE DETBBIIINATIONS
REQUDlED IN TRIS TITLE. TYPICALLY THE PllE-APPUCATION
SUBMITl'AL INCLUDES A SKETCH PLAN DRAWN TO SCALE
SHOWING STRUCTURE ENVELOPES, AND ENVELOPES FOR
NON-STRUCTURED USES OF THE PROPERTY SUCH AS
PARKING AND LANDSCAPING. A TRANSMITl'AL LETTER
DESCRIBING THE PROJECT AND LAND USE SHOULD
ACCOMPANY THE SKETCH PLAN. AS A RESULT OF THE PRE-
APPUCATION REVIEW, THE CITY SHALL:
A. INFORM THE APPUCANT IN WBITING OF APPLICABLE
CITY POIJCIES, PLANS, AND UQUIRBIIENTS AS TREY
APPLY TO THE PROPOSED DEVELOPIIBNT PROJECl'; AND
B. llBVIEW WITH THE APPIJCANT THE APPROPRIATE
PBOCBDUU:S Otm.INBD IN TRIS DC'ftON AND WITHIN
THE ZONING ORDINANCE; AND
C. DISCUSS WITH THE APPIJCANT THE APPROPRIATENESS
OF THE PllE-APPUCATION RBQUBST WITH RB8PBCT TO
THE POIJCIBS AND REGULATIONS SBT PORTH WITHIN
TRIS ZONING ORDINANCE AND THE OOIIPRBHBNSIVE
PLAN; AND
D. DISCUSS WITH THE APPUCANT THE l88Ul8 BBLATED TO
LAND USE, LANDSCAPING CONCEPTS, AND OVDALL
PllOJBC1' DESIGN; AND
E. DISCUBS WITH THE APPIJCANT THE l8IRJD BBLATED TO
ANY ANTICIPA"l'BD IKPACT; .AND
F . BXAIIINE AND REVIBW WITH TBS APPLICANT P08SJBLE
ALTDNATIVBS oa MODIFICATIONS lla.ATED TO THE
PROPOSBD APPLICATION.
2. PUD NEIGHBORHOOD IIEBTING AND NO'ftPICAflON:
A . IIEBTING UQUDUm. TBS APPIJCANT SHALL BOLD A
NEIGHBORHOOD IDBTING IN ACCOllDANCS WITH CITY
PIIOCBDUU:S TO DBSCRIU fflBlll PROPOSAL BDOBB A
FORMAL PUD APPLICATION SHALL BE ACCBPl'BD BY THE
CITY.
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B. PURPOSE. THE NEIGHBORHOOD MEETING IS INTENDED
TO BE AN OPPORTUNITY FOR THE APPLICANT TO
DESCRIBE THE PROPOSAL AS WELL AS FOR AREA
RESIDENTS AND PROPERTY OWNERS TO OFFER INPUT
ABOUT THE PROPOSAL AN EARLY STAGE. THE
APPLICANT SHALL HOLD THE MEETING AT A TIME AND
LOCATION ACCESSIBLE AND CONVENIENT FOR THE
PUBLIC. THE CITY SHALL BE REPRESENTED AT THE
MEETING . THE CITY REPRESENTATIVE SHALL PREPARE
A WRITTEN REPORT OF THE MEETING AND MAKE COPIES
AVAILABLE TO THE DRT STAFF, THE APPLICANT AND
THE PUBLIC .
C. MAILED NOTICE . THE APPLICANT SHALL MAIL
WRITTEN NOTIFICATION OF THE NEIGHBORHOOD
MEETING TO PROPERTY OWNERS WITHIN FIVE
HUNDRED FEET OF THE PEBDIETER OF THE PROPOSED
DEVELOPMENT. NOTIFICATION SHALL BE TO PROPERTY
OWNERS OF RECORD AT THE ARAPAHOE COUNTY CLERK
AND RECORDS OfflCE FROM DATA AVAILABLE WITHIN
NINETY DAYS BEFORE MAILING. THE APPLICANT SHALL
PROVIDE A IIAILING LIST TO STAFF AND CERTIFY THAT
LETTERS WERE MAILED VIA THE US POSTAL SERVICE TO
THE LISTED ADDRESSES AT LEAST TEN DAYS PRIOR TO
THE NEIGHBORHOOD MEETING.
3. PUD DISTRICT PLAN: THE APPLICANT SHALL SUBMIT FOR
CITY REVIEW A IIINDIUII OF FIVE (5) SETS OF THE PROPOSED
PUD DISTRICT PLAN. A OOIIPLETB SUBIIITTAL SHAU. BE
AVAILABLE FOR REVIEW NOT LESS THAN PORTY-FIVE (45)
BUSINESS DAYS PRIOR TO THE REGULAR PLANNING AND
ZONING COIOIISSION IIBETING AT WIUCH THE DISTRICT
PLAN WILL BE SUBMl'M'ED TO THE OOIOIISSION.
APPLICATIONS SHALL BE DEEMED OOIIPLBTE ONLY UPON
SUBMITTAL OF ALL REQUIRED INFORMATION. REVIEW WILL
NOT OCCUR UNTIL THE APPLICATION IS OOIIPLETB. THE PUD
DISTRICT PLAN SHALL BE SUFFICIENTLY DETAILBD TO
INDICATE THE GENERAL OPERATION AND APPEARANCE OF
THE DEVELOPMENT AND SHALL INCLUDE BUT SHAU. NOT
NECESSARILY BE LIMITED TO, THE FOLLOWING:
A. THE NAME AND LOCATION OF THE PROPOSED
DEVELOPMENT; AND
B . THE NAYES, ADDRESSES AND PHONE NUMBERS OF THE
APPLICANTS, OWNERS, DEVELOPERS AND DESIGNERS OF
THE DEVELOPMENT; AND
C . DOCUMENTATION CONPlllllING THAT THE APPLICANT
HAS LEGALLY SUfflCIENT INTEREST IN THE PROPERTY
PROPOSED FOR DEVELOPMENT, OR 18 THE DULY
AUTHORIZED AGENT OF SUCH A PBBSON; AND
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D. AN AMERICAN LAND TITLE ASSOCIATION AND
AMERICAN CONGRESS ON SURVEYING AND MAPPING,
LAND TITLE SURVEY (ALTA/ACSM LAND TITLE SURVEY)
AND URBAN CLASSIFICATION; AND
E. A PUD DISTRICT PLAN, DRAWN AT A SCALE OF NOT LESS
THAN ONE INCH PER FIFl'Y FEET (r-50') ALONG WITH
NORTH ARROW, WRITl'EN AND GRAPHIC SCALE, OF THE
PROPOSED DEVELOPMENT. THE DISTRICT PLAN SHALL
BE OF SUFFICIENT DETAIL TO DETERMINE IMPACTS,
BOTH ON AND OFF SITE, THAT MAY REQUIRE
MITIGATION. THE DISTRICT PLAN SHALL ..
ADDfflONALLY SHOW OR STIPULATE THE GENERAL
LOCATION, ARRANGEMENT, EXTENT, AND CHARACTER
FOR THE FOLLOWING, WHERE APPLICABLE:
1. ADJACENT STREETS AND PROPOSED POINTS OF
ACCESS;AND
2. EXISTING ZONING AND LAND USE WITHIN AT LEAST
THREE HUNDRED (300) FEET OF ALL PROPERTY
BOUNDARY UNES; AND
3. THE EXISTING TOPOGRAPIUC CHARACTER OF THE
LAND AND EXISTING NATURAL FEATURES; AND
4 . LOCATION AND DESCRIPTIONS OF ANY EXISTING
UTILITIES OR EASEMENTS ON THE PROPERTY; AND
5. LOCATION AND SIZE OF PROPOSED LAND USE; AND
6. APPROXDIATE LOCATION AND HEIGHT OF
PROPOSED STRUCTURES REFERENCED TO LOWEST
FINISHED FLOOR ELEVATION OF THE STRUCTURE;
AND
7. PARKING PLANS INCLUDING; LOCATION, DRIVE-
THRU AND ACCESS POINT, STACKING, DRIVE AISLES,
STANDARD PARKING SPACE, DISABLED PARKING,
COMPLIANCE WITH ADA RBQUIRBKENTS, LOADING,
FIRE LANES, DIMENSIONS, QUANTITY OF PARKING
SPACES, AND INTERNAL CIRCULATION OF PARKING
AREAS OR STRUCTURES; AND
8. THE CHARACTER, AND APPROXIMATE LOCATION
AND DENSITY OF ALL DWELLING UNITS, IF
APPLICABLE; AND
9. THE APPROXIMATE LOCATION AND AREA OF OPEN I • AND RECREATION SPACE; AND
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10. IDENTIFY CONCEPl'UAL LANDSCAPE PLANS
INCLUDING TYPICAL MATERIALS OR CONCEPI'UAL
LANDSCAPING AND IRRIGATION CRITERIA IF
DIFFERENT FROM CITY OF ENGLEWOOD
LANDSCAPING ORDINANCE CRITERIA; AND
11. IDENTIFY TRANSITIONAL BUFFER AREAS
REQUIRING FENCING AND LANDSCAPING BETWEEN
INCOMPATIBLE USES; AND
12. IDENTIFY PEDESTRIAN CIRCULATION ROUTES
INCLUDING SIDEWALKS, BUS STOPS, BIKE PATHS;
AND
13. DIMENSIONS OF SEPARATIONS BETWEEN
BUILDINGS, STREETS, AND OTHER FEATURES; AND
1•. AREAS SUBJECT TO 5 YEAR AND 100 YEAR FLOODING,
RETENTION AREAS, DETENTION AREAS AND
SURFACE DRAINAGE; AND
15. SIGNAGE PLAN INCLUDING; LOCATION, SIZE,
ARCHITECTURAL ELEVATIONS AND
ILLUMINATION; AND
16. nRE HYDRANT LOCATIONS; AND
17. TRAFFIC PLAN DESCRIBING BXTERNAL
CIRCULATION OF VBRICLES BNTBRING OR LEAVING
THE SITE; AND
18. OTHER ELEMENTS SUCH .AS CONCEPTUAL
ARCHITECrURAL AND BUILDING DESIGNS, FACADE
TREATMENTS, AND BXTEBIOR BUILDING
MATERIALS, .AS NECESSAllY TO BSTABLISH HOW
THE PROPOSED PUD ZONE DISTRICf WILL RELATE
TO ADJACENT PROPBll'l'IBS; AND
F. A WRITTEN STATEMENT GIDIDALLY DESCRIBING THE
PROPOSED PUD AND THE IIARDT WIDCH IT IS
INTENDED TO SERVE; ITS ULA'ftONSIUP TO THE
COIIPREHENSIVB PLAN, AND HOW THE PROPOSED PUD
DISTRICf WIU, RELATE TO AJ>,lACBNT PROPERTY.
WHERE THE APPIJCANTS OIIJBCTIVBS ARE NOT IN
SUBSTANTIAL CONPOIUIANCB WITH THE
COMPREHENSIVE PLAN, THE STATDIBNT SHALL
INCLUDE THE CHANGED oa CHANGING CONDfflONS
THAT JUS'ftPY APPROVAL or THE PROPOSAL; AND
G . A GENERAL STATEMENT or THE ANTICIPATED UGAL
TRE.ATIIBNT or COIIIION OWNmlllP AND
MAINTENANCE or SUCH AU.AS, 11' APPLICABLB; AND
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H. A GENERAL INDICATION OF THE EXPECTED SCHEDULE
OF DEVELOPMENT INDICATING:
1. THE APPROXIMATE DATE WHEN CONSTRUCTION
OF THE P1lOJECl' CAN BB UPBCTED TO BEGIN; AND
2. THE STAGES IN WIUCH THE P1lOJECl' WILL BE
BUILT; AND
3. THE COMMON AREAS INCLUDING BUT NOT LDIITED
TO OPEN SPACE, DRIVE AISLES, PAKKING AND
SERVICE AREAS THAT WILL BB PROVIDED AT EACH
STAGE; AND
I. OTHER INPOBIIATION DDIIBD NBCBSSAJlY,
RBASONABLB, AND RELEVANT TO EVALUATE THE
APPLICATION.
4. CITY RBVIBW:
A. UPON COIIPLETB SUBIIITl'AL, THE CITY SHALL REVIEW
THE PUD DISTRICT PLAN POR COIIPLL\NCB W1TII THE
PROVISIONS OF TIDS CIIAPTD. THE CITY SHALL
PORWARD WRITTEN UCOIOIBNDA'ftONS TO THE
PLANNING AND ZONING COIIIIISSION AND SHALL
SCHEDULE A PUBLIC IIBAIUNG WITHIN PORTY-FIVE
DAYS OF UCBIVING A COIIPLBTB SUBIIITTAL.
B. THE PLANNING AND ZONING COIIIIISSION SHALL
JIOBIIALLY CONSIDD TBB DIS'l'IIICI' PLAN IN A PUBIJC
HBAltlNG. TBB PLANNING AND ZONING OOIOIISSION
SHALL IL\D THE JIOLLOWING PINDINOS:
1. 'l'RB PUD DIS'l'IIICI' PLAN IS, OR 18 NOT, IN
CONPODIANCS WITH TBB D18ft1Cl' PLAN
IBQUiaBIIBNTS AND TBB COIIPBSIISNSIVB PLAN;
AND
2. ALL llBQUIRBD DOCUIIBNTS, DRAWINGS,
RBnlUlALS, llBOOIOIDfDA'ftONS, AND APPIIOVALS
HAVB BUN DCBIVBD; AND
3. 'l'RB PUD DISTRICT PLAN 18 CON818'l'Dft' WITR
ADOPTED AND GBNDALLY ACCBPIBD STANDA8DS or DBVBLOPIDNT IN TBB CITY or BNOL&WOOD;
AND
4. 'l'RB PUD DIS'l'IIICI' PLAN 18 SUBSTANTIALLY
CON818TBNT WITR TBB GOALS. OIUSCTIVS8,
DDIGN OUIDSUND, POUCDB AND ANY O'l'IID
ORDINANCE, LAW oa DQUIRDDNT or TBB CITY;
AND
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5. WHEN THE PUD DISTRICT PLAN IS WITHIN THE
ENGLEWOOD DOWNTOWN DEVELOPMENT
AUTHORITY (EDDA) AREA, THE PLAN IS
CONSISTANT WITH THE EDDA APPROVED DESIGNS,
POLICIES AND PLANS .
C. THE PLANNING AND ZONING COMMISSION SHALL
FORWARD THE DISTRICT PLAN TO THE CITY COUNCIL
WITHIN FORTY-FIVE DAYS AFTER THE PLANNING AND
ZONING COMMISSION'S FORMAL CONSIDERATION OF
THE PUD DISTRICT PLAN, ALONG WITH A
RECOMMENDATION THAT THE DISTRICT PLAN BE ..
APPROVED , APPROVED WITH CONDfflONS, OR DENIED
· BASED UPON THE COMMISSION'S FINDINGS UNDER
(EX3)(B ) OF THIS SECTION.
D. UPON RECEIPT OF THE PLANNING AND ZONING
COMMISSION'S RECOMMENDATIONS, THE COUNCIL
SHALL TAKE ACTION TO APPROVE, APPROVE WITH
CONDfflONS, OR DENY THE PUD DISTRICT PLAN, TAKING
INTO ACCOUNT THE CRITERIA LISTED IN (EX3XB) OF
THIS SECTION . IF APPROVAL IS GRANTED, THE COUNCIL
SHALL ALSO DETERMINE WHO WILL HAVE APPROVAL
AUTHORITY FOR THE PUD SITE DEVELOPMENT PLAN .
E . THE PUD DISTRICT PLAN AND DOCUMENTS SHALL BE
EFFECTIVE THIRTY (30) DAYS AFTER FINAL COUNCIL
APPROVAL .
F . THE APPLICANT SHALL PROVIDE TWO REPRODUCIBLE
COPIES OF ALL SHEETS ON MYLAR WITH ORIGINAL
SIGNATURES IN INK. ONE COPY OF THE DOCUMENTS
WILL REMAIN ON FILE WITH THE CITY OF ENGLEWOOD,
THE OTHER WILL BE RECORDED AT ARAPAHOE COUNTY.
RECORDING FEF.S IIUST BE SUBll1TTBD WITH THE
DOCUMENTS AND THE DOCUIIBNTS SHALL INCLUDE
SIGNATURE BLOCKS FOR THE ARAPAHOE COUNTY
CLERK AND RECORDER.
F . AMENDMENT. THE TERMS, CONDfflONS, THE ADOPl'ED PUD
DISTRICT PLAN AND DOCUMENTS MAY BE CHANGED ANDIOR
AMENDED IN WHOLE OR IN PART FROM TIME TO TIME AS
PROVIDED IN THIS SECTION.
1. MINOR MODinCATIONS TO THE PUD DISTRICT PLAN . THE CITY
MANAGER OR HIS DESIGNEE MAY APPROVE MINOR
MODinCATIONS IN THE LOCATION, SIZING AND HEIGHT OF
STRUCTURES OR FACILmES IF REQUIUD BY ENGINEERING OR I OTHER CIRCUMSTANCF.S NOT FORESEEN AT THE TIME THE • PLANNED UNIT DEVELOPMENT DISTRICT PLAN WAS
APPROVED SO LONG AS NO MODmCATION VIOLATES ANY
STANDARD OR REGULATION SET FORTH IN THIS SECTION.
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2. MAJOR MODIFICATIONS TO THE PUD DISTRICT PLAN. MAJOR
MODIFICATIONS MAY BE MADE TO THE APPROVED PLANNED
UNIT DEVELOPMENT DISTRICT PLAN PURSUANT TO THE SAME
LIMITATIONS AND REQUIREMENTS BY WIUCH SUCH PLANS
AND DOCUMENTS WERE ORIGINALLY APPROVED AS PROVIDED
WITHIN THIS SECTION.
G. APPEAL -PUD DISTRICT PLAN. THE APPLICANT MAY APPEAL ANY
DETERMINATION OR ACTION TAKEN BY THE CITY UNDER THIS
CHAPTER TO AN ARAPAHOE COUNTY COURT OF COMPETENT
JURISDICTION AS TO WHETHER THE CITY COUNCIL'S FINDINGS
WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE
CITY COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE
CITY COUNCIL SHALL REVIEW THE MATTER AGAIN. SAID APPEAL
TO THE COURT MUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME
BARRED .
H. PUD DISTRICT PLAN REVERSION. PUD DISTRICT PLAN ZONING
SHALL REVERT TO THE PREVIOUS ZONING THREE YEARS AFTER
COUNCIL APPROVAL IF THE CITY DETERMINES THAT NO
SUBSTANTIAL PROGRESS HAS BEEN MADE TO DEVELOP THE SITE
ACCORDING TO THE APPROVED PUD DISTRICT PLAN.
SUBSTANTIAL PROGRESS SHALL BE DEEMED TO MEAN APPROVAL
OF A PUD SITE PLAN AND ISSUANCE OF A BUILDING PERMIT.
APPLICANTS MAY REQUEST FROM THE PLANNING AND ZONING
COMMISSION A ONE YEAR EXTENSION.
I. PUD SITE PLAN REQUIRED .
1. PUD SITE PLAN: AFTER oa CONCUUENT WITH THE REVIEW
OF THE PUD DISTRICT PLAN, THE APPLICANT SHALL SUBMIT
FOR CITY REVIEW A IIINDIUII or Jl'IVB (5) SBTS or THE
PROPOSED PUD SITE PLAN. A COIIPLBTE SUBlll'M'AL SHALL BE
AVAILABLE FOR REVIEW NOT LESS THAN 11llllTY (30) DAYS
AFTER FINAL APPROVAL BY THE CITY COUNCIL.
APPLICATIONS SHALL BE DBBIIBD COIIPt&TE ONLY UPON
SUBMITTAL OF ALL REQUlllED REVIEW DIPOBJIATION.
REVIEW WILL NOT OCCUR UNTIL THE APPLICATION IS
COMPLETE. THE PUD SITE PLAN SHALL INCLUDE THE ENTIRE
AREA APPROVED BY THE PUD DISTIUCT PLAN . THE PUD SITE
PLAN MAY CONSIST OF ONE oa IIOU STAGBS, PROVIDED
HOWEVER, THAT THE APPROVAL or ANY ONE STAGE IIAY BE
CONTINGENT ON IMPROVEIIENTS THAT INVOLVE <>THEil oa
ALL STAGES. THE PUD SITE PLAN SHALL BE SUPJl'ICIBNTLY
DETAILED AND SHALL CONTAIN SUCH INPOBJIATION AND
DOCUMENTATION TO FULLY INDICATE THE ULTIMATE
OPERATION AND APPEARANCE or THE PROJECT AND SHALL
INCLUDE BUT, NOT NECESSAlllLY BE LDIITBD TO, THE
FOLLOWING :
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A. ADEQUATE DESIGN OF GRADES, PAVING, GUTl'ERS,
DRAINAGE AND ACCESS POINTS ON ADJACENT PUBLIC OR
PRIVATE STREETS. PROPER AllllANGEMENT OF SIGNS,
LIGHTING DEVICES, LANDSCAPING AND STRUCTURES
WITH RESPECT TO TRAFFIC-CONTROL DEVICES, TRAFFIC
SITE DISTANCE AND ADJACENT RESIDENTIAL AREAS; AND
B. A STATEMENT OF ZONING AND LAND USE ON SUBJECT AND
ADJACENT PROPERTIES; AND
C . A PLAN FOR THE ADEQUATE TREATMENT OF ON-SITE ..
DRAINAGE TO HANDLE STORM WATER FLOWS, PREVENT
EROSION, PLANS TO MINIMIZE THE FORMATION OF DUST
DURING AND AFTER CONSTRUCTION, TO MINIMIZE
ADVERSE IMPACI'S OF DRAINAGE AND GRADING TO
ADJACENT PROPERTIES AND TO PROVIDE APPROPRIATE
TREATMENT OF EXISTING NATURAL FEATURES; AND
D. THE LOCATION, DIMENSIONS AND DESCRIPl'IONS OF ALL
UTILITIES OR EASEMENTS ON THE PROPERTY; AND
E . WITH MULTIPLE USES, PROVIDE A LAND USE SCHEDULE
LISTING PERMl'M'ED LAND USES AND THE AREA DEVOTED
TO EACH; AND
F. A PLAN SHOWING STRUCTURE LOCATIONS, GROSS FLOOR
AREA, FINISHED FLOOR ELEVATION, AND BUILDING
HEIGHTS. AND, ADEQUATELY IDENTIFING BUILDINGS,
PARTICULARLY IN PR0.1BCl'S WIIBD TWO (2) OR IIORB
BUILDINGS USE ONE STRBBT ADDRESS OR WHBlll: TWO (2)
OR MORE BUILDINGS ARE LOCATED ON PRIVATB STllBBTS
OR DRIVES. SITES WITH IIULflPLE BUILDINGS RBQUIRB
THE FOLLOWING:
1. THE INSTALLATION OF TBIIPORARY SIGNS
IDENTIFYING EACH INDIVIDUAL BUILDING AT THE
BEGINNING STAGE OF ITS CONSTRUCTION; AND
2 . THE INSTALLATION OF PERIIANENT IDBNTIPYING
SIGNS ON EACH BUILDING WIUCH WILL ALLOW
QUICK IDENTIPICATION BY BIIDOBNCY SDVICE
PERSONNEL AND VISITORS; AND
3. THE INSTALLATION OF LEGIBLE IIAPS AT THB 11A.1N
VEHICLE ENTRY POINTS A.NDl'OR SIGNS SHOWING
ALL PRIVATE STRDTS OR DlllVBS AND TIIBill "'
ALIGNMENT THROUGHOUT THE PRO.rBCT; AND I •
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G. PARKING PLANS INCLUDING: DRIVE AISLES, FIRE LANES,
PARKING SPACES, LOCATIONS, DIMENSIONS, SPECIALLY
DESIGNATED SPACES FOR LOADING OR THE DISABLED,
SCHEDULE OF REQUIRED AND PROVIDED SPACES,
COMPLIANCE WITH ADA REQUIREMENTS, AND PLANS OF
THE INTERNAL CIRCULATION OF PARKING AREAS OR
STRUCTURES; AND
H. A SCHEDULE OF DWELLING UNITS (IF APPLICABLE) BY
BUILDING, NUMBER OF BEDROOMS, AND DWEWNG UNIT ..
DENSITY BASED ON UNITS DIVIDED BY ACRES OF NET LOT
AREA REMAINING AFTER RIGHT-OF-WAY DEDICATIONS;
AND
I. A PLAN SHOWING THE LOCATION AND AREA OF OPEN AND
RECREATION SPACE, INCLUDING ADEQUATE AMOUNTS
AND SAFE LOCATIONS OF PLAY AREAS FOR CHILDREN AND
OTHER RECREATIONAL AREAS ACCORDING TO THE
CONCENTRATION OF OCCUPANCY IN RESIDENTIAL AREAS;
AND
J . THE FINAL LANDSCAPE PLANS INCLUDING MATERIAL
SCHEDULE LISTING QUANTITIES, SPECIES, COMMON NAME,
MINIMUM SIZE AT PLANTING, AREA CALCULATIONS FOR
REQUIRED AND PROVIDED LANDSCAPE AREA AND
IRRIGATION PLANS, INCLUDING DETAILS AND CROSS-
SECTIONS. THE PROVISIONS OF ANY SPECIFIC
LANDSCAPING CRITERIA APPROVED IN THE PUD DISTRICT
PLAN THAT DIFFERS FROM THE CITY OF ENGLEWOOD
LANDSCAPING ORDINANCE SHOULD BE CITED ON THE PUD
SITE PLAN; AND
K. A PLAN SHOWING FENCES, WALLS OR YEAR-ROUND
NATURAL SCREEN PLANTING AND LANDSCAPING WHEN
NECESSARY TO SHIELD ADJACENT llBSIDBNTIAL AREAS
FROM COMMERCIAL, INDUSTRIAL AND PARKING AREAS;
AND
L . A PEDESTRIAN CIRCULATION PLAN INCLUDING
SIDEWALKS, PATHWAYS AND INDICATING MATERIALS
AND DIMENSIONS; AND
II. A PLAN SHOWING DIMENSIONS OF SEPARATION BETWEEN
BUILDINGS, STREETS, AND OTHER FBA'n11lBS; AND
N . A PLAN SHOWING AREAS SUBJBCT TO FLOODING FROM A I • MAJOR STORK INCLUDING THE 5 YBAR AND 100 YBAR
STORKS, DETEN'nON AND UTINTION AllL\S AND
PROVISIONS FOR CONTROLLED REI KASS or WATER FROM
DETENTION OR RETENTION AREAS FOLLOWING A IIA.JOR
STORM; AND
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0 . A SIGNAGE PLAN SHOWING LOCATION, SIZE, MATERIAL
AND LIGHTING OF SIGNS INCLUDING SPECIFICALLY
ADOPl'ED REVIEW CRITERIA WHERE APPLICABLE; AND
P. PUBLIC AMENITIES THAT MAY BE INCLUDED IN THE
DEVELOPMENT PROPOSAL; AND
Q. OTHER ELEMENTS SUCH AS ARCHITECTURAL CONCEPI'S,
BUILDING ELEVATIONS, FACADE TREATMENTS, AND
EXTERIOR BUILDING MATERIALS, AS NECESSARY TO
ESTABLISH HOW THE PROPOSED PUD USES AND
STRUCTURES RELATE INTERNALLY AND/OR TO THE ..
NEIGHBORING PROPERTIES.
2 . CITY REVIEW.
A. AS STATED WITHIN THE APPROVED PUD DISTRICT PLAN
AUTHORIZED BY COUNCIL, THE PLANNING AND ZONING
COMMISSION AND THE CITY COUNCIL OR THE
DEVELOPMENT REVIEW TEAM (ORT) SHALL EVALUATE
THE PUD SITE PLAN FOR CONFORMANCE WITH THE
APPROVED PUD DISTRICT PLAN AND THE PUD SITE PLAN
CRITERIA HEREIN. THE REVIEWING AUTHORITY SHALL
REVIEW THE SITE PLAN AND SHALL MAKE THE
FOLLOWING FINDINGS:
1. THE PUD SITE PLAN IS, OR IS NOT, IN CONFORMANCE
WITH THE DISTRICT PLAN BEQUIREIONTS; AND
2. ALL REQUIRED DOCUIIENTS, DRAWINGS, llEFERBALS,
RECOMMENDATIONS, AND APPROVALS HAVE BEEN
RECEIVED; AND
3 . THE PUD SITE PLAN IS CONSISTENT WITH ADOPTED
AND GENERALLY ACCEPTED STANDARDS OF
DEVELOPMENT WITHIN THE CITY OF ENGLEWOOD;
AND
,. THE PUD SITE PLAN IS SUBSTANTIALLY CONSISTENT
WITH THE GOALS, OBJECTIVES AND POLICIES ANDt'OR
ANY OTHER ORDINANCE, LAW OR REQUIREMENT OF
THE CITY.
B . THE REVIEWING AUTHORITY SHALL RETURN ONE OR
MORE COPIES OF THE PUD S1TB PLAN TO THE APPLICANT,
MARKED TO SHOW APPROVAL, APPROVAL Wffll
CONDfflONS, OR DENIAL. THE DRT SHALL, WHEN THE
I SITE PLAN IS APPROVED, BUT NOT PRIOR TO THE
RECORDING OF THE APPROVED PUD D18'1'&1CT PLAN AND • DOCUMENTS, RECORD A COPY OF SUCH POfflONS OF THE
PLAN AS MAY BE APPROPRIATE IN THE OfflCB OF THE
COUNTY CLERK AND FILE A COPY WITII THE CITY.
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3 . MINOR MODIFICATIONS TO PUD SITE PLAN : THE CITY
THROUGH THE ORT MAY AUTHORIZE MINOR DEVIATIONS
FROM THE PUD SITE PLAN WHEN SUCH DEVIATIONS APPEAR
NECESSARY IN LIGHT OF TECHNICAL OR ENGINEERING
CONSIDERATIONS . MINOR DEVIATIONS SHALL NOT BE
PERMITl'ED IF ANY OF THE FOLLOWING CIRCUMSTANCES
RESULT:
A. A CHANGE IN THE CHARACTER OF THE DEVELOPMENT; OR
B. A CHANGE IN THE LAND USES; OR
C. A CHANGE IN THE GENERAL LOCATION OF LAND USES; OR
D. AN INCREASE IN THE MAXIMUM HEIGHT OF ANY BUILDING
OF MORE THAN FIVE PERCENT (5'1,); OR
E . AN INCREASE IN THE NUMBER OF DWELLING UNITS, OR IN
THE RATIO OF THE GROSS FLOOR AREA OF STRUCTURES
TO THE LAND AREA, OR INCREASES IN THE PROPOSED
GROSS FLOOR AREA WITHIN ANY PARTICULAR LAND USE
OF MORE THAN TWO PERCENT (ft); OR
F . A REDUCTION IN THE SETBACKS FROII PROPERTY LINES;
OR
G. AN INCREASE OF IIORE THAN TWO PERCENT (2'1,) IN
GROUND COVERAGE BY STRUC'l'UIU!:S OR SUBFACE
PARKING; OR
H . A REDUCTION BY IIORE THAN TWO PBltCBNT (2'1,) IN THE
LAND AREA DESIGNATED POil LANDSCAPDfG; OR
I. A REDUCTION IN TRB RAflO OF Off-d'lWI PAIIIDNG
AND LOADING SPACE TO GII088 FLOOR ADA OR NUIIBD
OP DWELLING UNlT8 IN S'l'llUcrou:s; OR
J . A CHANGE APTECTING TRB ACCBS8 PBOII AND TBBOUGH
PUBLIC RIGHTS-OP-WAY; PROVIDED, BOWBVD, THAT
CURB CUT LOCATIONS IIAY 81111T UNLBSS SPBCll'ICALLY
ESTABLISHED BY THE DISTRICT PLAN.
,. SITE PLAN AIIENDIIENTS: ALL PUD SITE PLANS APPIIOVED
AND RECORDED HEREUNDER MAY ONLY BE AIDNDED
PURSUANT TO THB SAIIE PROCEDURE AND SUBaCT TO TRB
SAIIE LIIIITATIONS AND REQUIREIIBNT8 BY WRICH SUCH
PLANS WERE APPROVED .
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J. APPEAL-PUD SITE PLAN.
1. THE APPLICANT MAY APPEAL ANY DETERMINATION OR
ACTION TAKEN BY THE CITY UNDER nus CHAPTER TO AN
ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS
TO WHETHER THE CITY COUNCIL'S FINDINGS WERE
ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE CITY
COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE
CITY COUNCIL SHALL REVIEW THE MATTER AGAIN. SAID
APPEAL TO THE COURT MUST OCCUR WITHIN 30 DAYS OR
SHALL BE TIME BARRED.
2 . THE APPLICANT MAY APPEAL ANY DETERMINATION OR
ACTION TAKEN BY THE DRT UNDER nus CHAPTER TO THE
PLANNING AND ZONING COMMISSION. THE PLANNING AND
ZONING COMMISSION SHALL MAKE A FINDING OF WHETHER
THE DETERMINATION OR ACTION OF THE DRT WAS
ARBITRARY AND CAPRICIOUS. IF A FINDING IS MADE THAT THE
DRT'S DETERMINATION OR ACTION WAS ARBITRARY AND
CAPRICIOUS THEN SUCH DETERMINATION OR ACTION SHALL
BE OVERTURNED. THE DECISION OF THE PLANNING AND
ZONING COMMISSION MAY BE APPEALED TO AN ARAPAHOE
COUNTY COURT OF COMPETENT JURISDICTION AS TO
WHETHER THE PLANNING AND ZONING COIIIIISSION'S
FINDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE
DECISION OF THE PLANNING AND ZONING COIOIISSION IS
FOUND TO BE ARBITRARY AND CAPRICIOUS, THE PLANNING
AND ZONING COMMISSION SHALL REVIEW THE IIAT'l'Bll
AGAIN. SAID APPEAL TO THE OOURT MUST OCCUR WlTRIN 30
DAYS OR SHALL BE TIME BAllllED.
3. NOTICE OF APPEAL. APPELLANTS SHALL FILE AN APPEAL
FROM A DRT DECISION ON A CITY APPLICATION FORII AND
SHALL SPECIFICAUY STATE THE BASIS OF THE APPEAL. AN
APPEAL SHALL BE FILED W1TIUN 15 DAYS AFl'ER THE FINAL
DATE OF A SPECIFIC DETERMINATION OR ACTION. NOTICE OF
AN APPEAL FROM A DECISION OF THE DRT HEARING SHALL
CONFORM TO THE MANNER IN WlUCR THE ORIGINAL NOTICE
FOR THE APPLICATION WAS GIVEN. THE APPELLANT SHALL BE
RESPONSIBLE FOR AU NOTICING MATERIALS REQUIRED IN
THE ORIGINAL APPLICATION.
stc;tigp 2. Safety CJau"' Tbe City Council, hereby ftnda, d-..minee, and
declares dut tbia Ordinance ia promulptecl Wider tba pneral police poww al tbe
City of Enclewood , that it ia promulptecl for tba bealtb, aafety, and welfare al tbe
public, and dut tbia Ordinance ia neceuary for tbl pnNrVation al a-Ith and
nfety and for tbe protection al public convenience and welfare. Tbe City Co-cil
further detenainea dut tba Ordinance bean a rational relation a, tba proper
lesialative object aou,bt to be obtained.
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Sec;tjgp 3 Severability If any clause, sentence, paragraph, or part of thia
Ordinance or the application thereof 1D any peraon or circumatancea shall for any
reuoo be adjudpd by a court of competent juriadiction invalid, such judgment
shall not affect impair or invalidate 1be remainder of this Ordinance or its
application to other peraom or circumstances.
Sec;tion '-1omneimrot Ordioaocee All other Ordinances or portions thereof
incomiatent or conflicting with thia Ordinance or any portion hereof are hereby
repealed to the extent of such incomistency or contlict.
Sec;tjpp 5 Effc qf J'IIIM'tl gr madificatipp The repeal or modification of any
proviaion of the Code of 1be City of Englewood by thia Ordinance shall not release,
emn,uiah, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have hem incurred under 1111ch
provision, and each provision shall be treated and held u atill remaining in force
for 1be purpoeea of suataining any and all proper actiom, IIUits, proc:eedinp, and
pl'OlleCUtiom for the enforcement of the penalty, forfeiture, or liability, u well u for
1be pmpoae of suataining any judgment, decree, or order which can or may be
rendered, entered, or made in 1111ch actiODll, suits, proc:-1inp, or pl'OlleCUtiom.
Sec;tjgn 6. &laaltx-The Penalty Proviaion of E.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and pused OD fint reading on the ht day m April, 1996.
Publiahed u a Bill for an Ordinance OD the 4th day m April, 1996.
A Public Hearinc wu held Oil May 6, 1996.
Amended, remtrodlKed. rw1 in full, and puaec1 Oil the 20th day «May, 1996.
Publiabed U ammded OD the 23rd day of May, 1996.
Tbomu J. Burm, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City m Bqlewood, Colorado, hereby
certify that the above and forepin, ia a true c:apy m tba unended Ordinm,
reintroduced, read in full, and pUNd OD the 211th cla,y al May, 1996.
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ORDINANCE NO. _
SERIFS OF 1996
BY AUTHORITY
COUNCIL d.L NO. 26
INTRODUCED BY COUNCIL
MEMBER HABENICHT
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AN ORDINANCE APPROVING AND AUTBOIUZING TID DBCUTION OF
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1996 ARAPAHOE
COUJITY COIOIUNl'l'Y' DBVBLOPIIBNT BLOCK GRANT PROGRAII CONTINUING I
RESOLUTION FUNDING BETWEEN THE ARAPAHOE BOARD OF COUNTY
COIOll88IONBBS AND THE CITY OF BNGLBWOOD. /
WHEREAS, the City Council approved the ell.eCUtion of an lnt.ergovernmental Agreement
between the City of Englewood and Arapahoe County by p888age of Ordinance No. 39, Series
of1994;and
WHEREAS, the Agreement related to the conduct of the Community Development Block
Grant Programs for Federal Fiscal Years 1995 through 1997; and
WHEREAS, the project by the City of Englewood known u the "Housing Rehabilitation
Project• bu been catqorized u a rehabilitation activity and the City of Englewood will
maintain documentation with the National Objective of HouaiD( Benefit activitiea; and
WHEREAS, the project by the City of Enciewood known u the Broadway Corridor
Improvement. Project bu been catqorized u a 1pecial activity for community-hued
development orpnisaticma activity; and
WHEREAS, the project by the City of Enpewood known u the "Eapewood Family Self
Sufficiency Procram• bu been catepriaed u a public Mrvice actiyjty; and
WHEREAS, the City al Eqlewood may proceed to incur coeta for dime prajecta u al June 1,
1996 un1eA 11UCb acceptance ii made c:ontinpnt under Sec:tiao 11-F., Labor Standarda, or
Section 11-G ., Environmental Reviews, u contained in the Subp-antee A,reement, and
IUbject to the City of Eqlewood receiving an official "Notice to iar-c1· from Arapahoe
County;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sec;tiqp 1. Tbe Subp-antee Acreementa for the 1996 Arapahoe County Community
Development Block Grant Prop-am Continuin, 8-lutian Fundia, are hereby acceptecl
and approved by the Enpewood City Council and the llaJW ii autbariaed to a.ecute and the
City Clerk to att.mt and -1 the Apeement for and CID b9balf al the City al Eqlewood.
Sec;tjqp 2. Tbe Subp-antee Apeementa for the 1996 Arapahoe County Community
Development Block Grant Procram Cootinuin, ReaolutiClll Fundia, are attacbed hereto u
Emibit A.
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Sec;tioo 3. The City Manager shall be autboriwl to further at.end the Subp-antee
Agreementa For The 1996 Arapahoe County Community Developm1111t Block Grant Prop'am
Continuing Reaolution Funding u needed.
Introduced, read in full, and puaecl OD flnt reamD( OD the 6th day « May, 1996.
Publiabed u a Bill for an Ordinance on the 9th day m May, 1996.
Read by title and paaecl on flml readiq on the 2l>tb day «May, 1996.
Publiabed by title u Ordinance No. __. SeriN m 1996, on tbe 23rd day m May, 1996.
Thoma J. Blll'DII, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
1, Louc:riabia A. Ellia, City Clerk mtbe City«.......,..., Colando, benby certifJ that
the above and foreaoinl ia a true copy m tbe Ordinance puaecl on tlnal rNdiDr and
publiabecl by title u Ordiaanm No. _. S... m 19118.
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTINUING RF.SOLUrION FUNDING
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This Agreement is made and executed this day of
............ ..---------~· 1996 by and between th• Board of County co .. 1ss1oners of th• County of Arapahoe, State of Colorado, for the
co .. unity Development Block Grant Proqraa in th• Coaaunity Services
Departaent (hereinafter referred to as the County) and TD Ciff OJ'
acu.nooo, a aunicipality in Arapahoe County (hereinafter referred to as
the SubGrant••> for the conduct of a Coaaunity Developaent Block Grant
(CDBG) Project for Program Year 1996.
I. ftUtOSB
The primary objective of Title I of the Housing and Co11111unity
Development Act of 1974, as amended, and of the Coamunity Development
Block Grant (CDBG) Program under this Title is the development of viable
urban communities, by providing decant housing and a suitable living
environment and expanding economic opportunities, principally for low
and moderate income persons.
The project by TIIB Clff 01' DGLDOOD known as the WUILY 8BLl'-
81JRICIDCY HOJBC'l' (Project) has been categorized as a •nLIC 8DVICU
M:'l'IVIff, and the SubGrant•• will -intain docuaentation with the
D'l'IODL OIIJaC'l'IVII of LDa'l'SD CLID'l'SLS WDI'l' activities.
The SubGrant•• aay proceed to incur costs for the project as of June 1,
1996 unless made contingent under Section II-F., i.bor Standards, or
Section II-G., Environmental Reviews, below, and/or subject to the
SubGrantee receiving an official 'Notice to Proceed' froa th• County.
II. WOU '1'0 BB CODLB'l'BD BY TD 80BGJtall'l'D
The following provisions outline the scope of th• work to be coapleted:
Project will employ case manager to provide service coordination, case
management, monitoring, and other supportive services to Englewood
Housing Authority tenants in order to help th .. ultimately achieve self-
sufficiency and financial independence.
A. •ayaeDt
-tis expressly agreed and understood that the total amount to be
~aid by the Grantee under this contract shall not exceed $10,000.
Drawdowns for the payment of eligible expenses shall be ude
against th• line itea budgets specified in attached Exhibit B
herein and accordance with performance. Expenses for general
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administration shall also be paid against the line it-budgets
specified in Exhibit Band in accordance with performance.
a. TiaeU.ne
The project will be completed by June l, 1997 unless this Agre-ant
is aodified by autual agre-ent.
c. •erroE11aace criteria
Project funding will accoaplish the following:
Prograa will -ploy case 11anager to provide supportive services for
approxillately 30 Englewood Rousing Authority tenants.
D. aeportinq aequir-eats
1. Each SubGrant•• Drawdown Requ-t will include progress
reports for th• period for which payaent is being
requested.
2. Quarterly project reports will be due within 30 days
following th• end of each quarter (March 31, June 30,
Septeaber 30, Deceaber 31) until the Project is
completed.
3. Final Report is due 45 days after coapletion of the
Project.
4. Annual and Audit a.ports -Tbe official Annual Report and
Annual Audit for th• SubGrant .. in which both revenues
and expenditur .. for the CDBG Financial Projects
described herein are detailed. Due annually, not later
than June 30 of each year. ~
•. Laltor atandar4s (DaTis-.. coa)
It is deterained that:
Project does not involve activities which require compliance with
federal labor standards.
Project has been deterained to be an exeapt activity, and no
environaental action is required.
III. &U.a118IBILI!'IU or '1'IDI IVIIGltAll'1'Sa
&. relleral coapU.aace
Th• SubGrante• shall take all actions that are appropriate and
required of it to coaply with the applicable provisions of the
grant agr••••nts received fro• the U.S. Dapartaent of Rousing and
Urban Development (RUD) by th• County. Th••• include but are not
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limited to compliance with the provisions of the Housing and
Community Development Act o! 1974 (ACT) and all Rules and
Regulations, guidelines and circulars promulgated by the various
federal departments, agencies, administrations and co-issions
relating to the CDBC Program. Nore specifically, the SubGrant ..
and the County shall each take all required actions to comply with
the provisions ot 24 CFR Part 570, Title VI o! the Civil Rights Act
ot 1964, Title VIII ot the Civil Righta Act ot 1968, Section 104
(bl and 109 ot the Housing and COIIIIW\ity Development Act ot 1974,
24 CFR Part 85, Subpart It ot BUD'• Uni!or,a Administrative
Requirement for Grants and Cooperative Agr•-•nts, the regulations
applying to minority busin .. • enterprise, 24 CFR 570.904, the lead
based paint regulations 24 CFR 570.608 and 24 CFR JS, and with 0MB
Circular A-87, Cost Principl .. tor State and Local Governaenta.
Attached hereto as Exhibit A and incorporated herein by this
reference is a summary ot provisions associated with the co-unity
Development Block Grant Program which shall be followed by the
SubGrantee unless it is determined to be inapplicable.
Additionally, in accordance with 24 CFR Part 570, no -ployee,
o!ticial, agent or consultant ot the SubGrantee shall exercise any
!unction or responsibility in which a conflict ot interest, real or
apparent, would arise. Th• Subgrantee cannot engage in a federally
tunded contract with any entity registered in the Lists o! Parties
Excluded From Federal Procurement or Nonprocurement Programs. This
publication is available in Arapahoe County through the Housing and
Community Development Services Division.
a. supervision and Adainistrative control
As to any projects conducted during Program Year 1996, the
SubGrantee agrees, in accordance with Section III, paragraph A
above that the County shall have ultimate supervisory and
administrative responsibility, but the SubGrantee shall be
responsible tor the expenditure o! the tunds allocated tor its
projects or activities and tor the construction or perforaance ot
its projects or activities in compliance with all applicable
Federal laws and requirements relating to the CDBC Program.
c. •on-Appropriations Clause
The SubGrantee agrees that it will include in every contract it
enters, which relies upon CDBC monies for funding, a non-
appropriation clause that will protect itself and the County from
any liability or responsibility or any suit which might result froa
the discontinuance of CDBG funding for any reason. Because this
Subgrantee Agreement involves funds from a federal grant, the
tunding provisions of this Subgrantee Agreement, the federal grant
and the tederal statutes control rather than the provisions of
Section 24-91-103.6, c.R.S. with regard to any public work
projects.
D. SXpenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the
County's grant agreement, including those that are identified for
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the SubGrantee's projects and activities, shall be allocated to the
specific projects and activities described and listed in the grant
agreements. The allocated funds shall be used and expended only
for the projects and activities for which the funds are identified.
1. &qreeaent Chang••
No projects or activities, nor the aaount allocated therefor, aay
be changed without concurrence by the County and acceptance of the
revised Final Stat .. ent and/or Consolidated Plan by RUD, if
required. Changes aust be requested in writing and aay not begin
until a aodification to this Agre ... nt is fully executed.
r. Direct •rojects lllpervisioa aad adaiaistratioa
The SubGrantee shall be responsible for the direct supervision and
administration of its re11pective projects or activities. This task
shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrant•• shall be responsible for any
injury to persons or daaage to property resulting from the
negligent acts or errors and omissions of its staff, agents and
aployees. Subgrantee, within its legal ability to do so under the
Constitution of the State of Colorado and its home-rule charter (if
Contractor is a home-rule aunicipality) and without in any way or
aanner intending to waive or waiving the defenses or limitations on
damages provided for under and pursuant to the Colorado
Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the
Colorado Constitution, its home-rule charter or under the common
law or the laws of the United States or the State of Colorado,
shall indemnify and save harmless the County against any and all
damages which are recovered under the Colorado Governmental
I-unity Act and reduced to final judgeaent in a court of coapetent
jurisdicti <1 by reason of any negligent act or omission by
Subgrantee, its agents, officers, or eaployees, in connection with
the performance of this contract.
G. I11deanity
Because the SubGrantee is responsible for the direct supervision
and administration of its projects or activities, the County shall
not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The County shall have no duty or
obligation to provide any additional funding to the SubGrantee if
its projects or activities cannot be coapleted with the funds
allocated by the County to the SubGrantee. Any cost overruns shall
be the sole responsibility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it for
an approved projects or activities shall be used solely
for the purposes approved by the County. Said funds
shall not be used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any
approved projects or activities shall be sufficient to
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coaplete said projects or activities without any
additional CDBG funding.
•· Iaaara11ce
If the SUbGrantee's projects involvu construction activiti .. , any
Contractor it uses for said activitiu shall be required to provide
and -intain, until final acceptance by the SUbGrantee of all work
by such contractor, the kinds and ainiaua aaounta of insurance as
followa:
1. Coaprehensive General Liability: In the aaount of not
lua than $600,000 cOllbined ai119le liait. Coverage to
include:
a. Pr .. ises Operations
b. Products/Coapleted Operations
c. Broad Fora contractual Liability
d. Independent Contractors
•. Broad Pora Property Daaage
f. bploy••• as Additional Insured
9. Personal Injury
b. Arapahoe County and. the SubGrantee as Additional
Naaed Insured
i. Waiver of Subr09ation
2. Coaprehensiv• Autoaobile Liability: In the aaount of not
l••• than $600,000 cOllbined ai119le liait for bodily
injury and property ~9•· coverage to include:
a. Arapahoe County and th• SubGrantee as additional
MUied Insured
b. Waiver of SubrOC)ation
3. -layers Liability and Workers ca.penaation: Tb•
eontractor shall aecure and -intain aplOfeE''• liability
and Worker'• Coapenaation Inauranoe tllat will~ it
against any and all claiaa resulting froa injuri• to and
death of workers enpcJe4 in work ander any aantract
funded pursuant to this avr•••nt. c:a..raqe to include:
a. Waiver of Subrogation
4. Additional Naaed Ineured: All referenced inaurance
policiu and/or certificat. of inauranca aball be
subject to tb• followilllJ atipulationa:
a. Underwriters aball bav. no ricJbta of ~
aubr09ation against Arapaboe caunty or tbe
SubGrantH; it beilllJ the intent of tbe putt. tbet
the insurance polici• ao effected aball ll&'Ocec:t
the parti .. and be priaary ~ for any and all
loasu covered by the clucru.d 1-arance.
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b. The clause entitled •other Insurance Provisions•
contained in any policy including Arapahoe County
as an additional named insured shall not apply to
Arapahoe County or the SubGrantee.
c. The insurance coapanies issuing the policy or
policies shall have no recourse against Arapahoe
County or the SubGrantee for payaent of any
preaiuas due or for any assessments under any fora
of any policy.
d. Any and all deductibles contained in any insurance
policy shall be assumed by and at the sole risk of
the Contractor.
5. Certificate of Insurance: The Contractor shall not
commence work under any contract funded pursuant to this
agr•-•nt until he has submitted to the SubGrantee,
received approval thereof, certificates of insurance
showing that he has complied with the foregoing insurance
requirements. The SubGrantee shall also submit a copy of
the Contractor's certificates of insurance to the County.
6. Notwithstanding the prov1.s1.ons contained in this
paragraph (H) set forth hereinabove, the County reserves
the right to modify or waive said provisions for projects
or activiti-for which th••• provisions would prove
prohibitive. The SubGrantee understands, however, that
the decision to waive or modify those provisions is fully
within the discretion of the County.
I. aeaords
The SubGrantee shall aaintain a complete set of books and records
docuaenting its use of CDBG funds and its supervision and
adainistration of the projects. The SubGrantee shall provide full
access to the .. books and records to the County, the Secretary of
HUD or bis designee, the Office of Inspector General, and the
General Accounting Office so that compliance with Federal laws and
regulations aay be conf iraed. The SubGrantee further agr... to
provide to the County upon request, a copy of any audit reports
pertaining to the SubGrantee's financial operations during the term
of this agreement.
J. aeporthg
The SubGrantee shall file all reports and other inforaation
necessary to comply with applicable Federal laws and regulations as
required by the County and HUD. This shall include providing to
the County the inforaation necessary to coaplete the Grantee
Performance Reports in a tiaely fashion.
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The SubGrantee has submitted to the County, along with its
proposal, a description ot the work to be performed, a budget, and
a t i metable delineating the length ot time needed for each project
phase, if applicable, through the completion of the projects. The
SubGrantee shall comply with timetable tor coapletion of the
projects. The SubGrantee understands that failure to comply with
the tiaetable aay lead to a cancellation ot the projects and a loss
ot all unexpended funds, unless the County determines that there
are extenuating cirCW1Stances beyond the SubGrantee's control and
that the projects will proceed within a reasonable length of time.
The ti .. table' s implementation shall begin when the County provides
written notification to the SubGrantee to proceed .
L. ..labar._.t for bpea•-
The SubGrantee agrees that before the County can distribute any
CDBG funds to it, the SubGrantee aust subllit to the County'•
Rousing and co .. unity Developaent Services Division documentation
in the fora required by that Division which properly and fully
identifies the amount which the SubGrantae is requesting at that
time. The County shall have tan (10) working days to review the
request. Upon approval of the request, the County will distribute
the requested funds to the SubGrantae or directly to the
appropriate subcontractor or vendor as soon as possible.
•· Progr-Iacoae
All program income derived fro• the Arapahoe County Coaaunity
Development Block Grant Program received by the SubGrantaa will be
retained by the SubGrantee and will be dispersed for its approved
CDBG project activities before additional CDBG tund• are requested
troa the County. Following completion ot the SubGrantaa'• Arapahoe
County CDBG Projects, all program incoaa directly generated from
the use ot CDBG funds will be r .. itted to the County.
•· &ssat 11&Jaa9 ... at
Any single parcel ot real property under the SubGrantaa'• control
that was acquired or improved in whole or in part with CDBG funds
in axe••• ot $25,000 will either:
1.
QB
2.
Ba used tor an eligible CDBG activity, as datarained by
the County, tor a ainiaua ot tiva (5) years following
completion ot the SubGrantaa:s projects;
Ba disposed ot in a aannar that results in the County's
being reimbursed in the amount ot the currant tair aarkat
value ot the property less any portion ot the value
attributable to expenditures ot non-CDBG funds for
acquisition ot, or iaprovaaants to, the property.
Reimbursement is not required attar five (5) years
following coaplation ot the SubGrantaa's projects.
o. state and county Lav Coapliuaa
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All responsibiliti•• of the SubGrant•• enumerated herein shall be
subject to applicable State statutes and County ordinances,
resolutions, rules, and regulations.
•· .. •iroaaaatal a..t-
The SubGrant-aqr-. that no CDBG funda will be legally obligated
to any project activity before the County has coapleted the
environaental review procedures, aa required by 24 CFR Part 58.
If subcontract• are used on the projects, the SubGrant•• agr ...
that th• provisions of thi• agreeaent shall apply to any
aubcontract.
a. hapeaaioa or 'l'azaiaatioll
Thia aqr.-nt -y be au.pended or terminated by the County it the
SubGrant.. -terially fail• to coaply with any tera of this
aqreeaant. Till• aqreeaent -y alao be terminated for convenience
by autual aqraeaent of the County and the SubGrantee.
a. In the event that the Unit of General Local Governaent ahould
withdraw froa the county'• •urban County• deaignation, this
agreeaant shall terainate a• of th• termination date of th•
County'• CDBG grant aqreeaent with HOD.
'l'. Th• SubGrant .. certifiu that to the best of it• knowledge and
belief:
1. No Federal appropriated funda have been paid or will be
paid, by or on behalf of it, to any peraon for
inrluencing or atteapti119 to influence an officer or
aaploy .. of any agency, a lleaber of Congr ... , an officer
or aaploy .. of COngr•••, or an eaploy-of a llealMr of
congrua in connection with the awarding of any Federal
contract, th• aaki119 of any Federal grant, the aaking of
any Federal loan, the entering into of any cooperative
aqreeaent, and the extension, continuation, renewal,
... ndaent, or IIOdification of any Federal contract,
qrant, loan, or cooperative agreeaent; and,
2. If any fund• other than Federal appropriated funda have
been paid or will be paid to any paraon for influenci119
or attaapting to influence an officer or aaployee of any
a9ency, a lleaber of Congr ... , an officer or eaploy .. of
congrua, or an eaployee of a Neaber of Conqr••• in
connection with thi• Federal contract, qrant, loan, or
cooperative aqre-nt, it will coaplete and await
Standard Pora-I.LL, •oiacloaure Pora to Report Lobbyi119,•
in accordance vith its inatructiona.
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It it ia determined by HUD or other federal agency that the
expenditure, in whole or in part, for the SubGrant••'• projects or
activity waa improper, inappropriate or ineligible for
reimbursement, then the SubGrant•• shall reillbur .. the County to
the full extent of th• disallowance.
"· au~IBILrl'IU 01' ftB comm
&. LecJal Liability all4 ... pouiltility
Tile Parti•• recognize and understand that the County vill be the
goverrmental entity required to execute all grant agr....nta
received froa BUD pursuant to the County's requ-ta for CDBG funds
and that it will thereby becoae and vill be held by BUD to be
legally liable and responsible for the overall adainiatration and
perforaance of the CDBG progrm, including the projects or
activities to be conducted by th• SubGrantee. Accordingly, th•
SubGrant .. agrees that as to its projects or activiti-perforaed
or conducted under any CDBG agreement, the county shall have the
necessary adllinistrati ve control required to ... t BUD requireaenta.
•· •erfozaaac• all4 Coapli-ce lloaitoriag
Tile County'• supervisory and adainiatrativ• obligations to the
SubGrant•• pursuant to paragraph A above shall be liaited to th•
perfonaanc• of the adllinistrative tasks necessary to aake CDBG
funds available to th• SubGrantee and to provide a Monitoring
Specialist vbos• job it vill be to aonitor the various projects
funded with CDBG aonies to ensure that they coaply with applicable
Federal laws and regulations.
C. hportiag to IIUD
Tile County will be r-ponsibl• for confirming the caaplianc:e of the
SubGrant .. •s projects with applicable Federal laws and regulations.
Tb• County will further be r .. ponsible for ... 1ng that all
necessary reports and inforution, including tba Grantee
Perforaance Reports, are filed with BUD and other applicable
Federal agencies in a tiaely fashion.
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In Witn-• Whereof, the Partiea have cauaed thi• agre ... nt to be duly
executed thi• __ _
Witnua:
A~t:
Clerk to tbe Board
Donetta Davidson
day of-----------' 1996.
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8Ub1Jrantee: __ c_1t.v&,....q .. (.._.1D9_.,.1111WRA4am111mL---·.;..: ·.;..: ·.;..: ·.-:.:.:.:.:.:
:;:;~;:::::;:: ........ -By: _________________ .-·-·.·.·.·.·.·.· .........
Title=----------------------
Board of County co .. i••ioner•
Arapahoe County, Colorado
Polly PacJe, Cbairaan
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EXHIBI"r A
CO~NITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACT CLAUSES
scope of worlc 24 C.F.R. S 570.50J(b)(l)
Should be clear, quantified, with performance criteria built
in. Performance to include accoaplishment of the product,
method of accoaplishllant, tiainq, milestones and personnel
assigned. There should be a very specific budget, organized
by task as well as line item.
contract Administration 24 c.r.a. s B5.36(b)(lll
Procedures regarding all contractual and administrative
issues. This aust include procedures for changing the
scope, specifications, budget, or other provisions. Where
0MB Circular A-110 applies, see Attachment o, Par. J.c.(9).
Qnifo;m Administration 24 C.F.R. S 570.502
Compliance with the requirements of 24 C.F .R. Part 85,
sometimes referred to as the •common Rule. • Applicable to
grantees and subrecipients that -are governmental entities.
Subrecipients that are not qovernaental entities 1111st comply
with specified Attachllants to OKS Circular A-110.
Cost Principles 24 c.r.a. s s10.so2
Compliance with the provisions of 0MB Circular A-87 or
A-122, as applicable.
conflict of Intarast 24 c.r.a. s s10.&11
No employee, officer or agent of the subgrantee shall
participate in selection, or in the award or adainistration
of a contract if a conflict of interest, real or apparent,
would be involved. See also 24 c.r.a. s 85.36(b)(3) or ONB
Circular A-110, Attachment O, Par. J.a., as applicable.
RecordJceepina 24 C.P.R. S 570.50J(b)(2)
Describe records that aust be aaintained, including
eligibility, national objectives, financial, equal
opportunity, etc. See also 24 c.F.R. s 570.506.
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Reporting Requirements 24 C.F .R. S 570.503(b)(2)
Describe all reporting requirements necessary to verify
accomplishment toward meeting the project scope and to
demonstrate compliance with other requirements. See also
24 C.F.R. S 85.36(i)(7) or 0KB Circular A-110, Attachment H,
as applicable.
Patents and cocyrights 24 C.F.R. S 85.36(i)(8) • (9)
Include any applicable provisions regarding rights to
patented inventions and copyrighted aaterial resulting from
th• CDBG contract. Where ON8 circular A-110 applies, •-
Attachment o, Par. 4.h.
Ass•ss to Records 24 C.F.R. S 8S.36(i)(l0)
Ace••• by city/county, Coaptroller General, Secretary of HUD
and their representatives, to any record• relating to the
project. Where 0MB Circular A-110 applies, •••
Attachment O, Par. 4.i.
Retention of Records 24 C.F.R. S 85.36(i)(ll)
All records relating to the project aust be retained thr-
years after project audit/close out. Where 0MB Cl.rcular
A-110 applies, see Attachaant c.
proqru IncAN 24 c.r.a. s 570.SOl(b(l)
Description of all guidance on the disposition and ase of
progr .. income. s .. also 24 c.r.a. IS 570.500(&) and
570.504
ltDrfloo of Assets 24 C.F.R. S 570.503(b)(8)
Provisions regarding the return of axe••• funda and
requirements regarding the poat-closaout uae of real
property acquired or iapro..cl with CD8G funds.
ar11sb of contract 24 c., .•. S 15.36(1)(1)
Administrative, contractual and legal raaadiea in instances
of breach of contract, includincJ aanctions and pan<i••·
Where OMS Circular A-110 appliaa, ... Attachment O,
Par. 4.a.
t•mination 24 . C.F.R . S 85.36(1)(2)
For all contracts in axe••• of $10,000, description of how
and under what circumstance• a contract aay be ta%1ainatad
for caus~ and for convenience, including the basis for
settlement. Where 0MB Circular A-110 applies, •-
Attachment O, Par. 4.b.
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24 C.F.R. S 570.502
Compliance with 0MB Circular A-128 (State and local
governments) or A-133 (Nonprofits and higher education
institutions). See also 24 C.F.R. Part 44 and
24 C.F.R. S 85.26.
Lobbying 24 C.F.R. Part 87
No CDBG funds may be expended for lobbying purposes and
payments from other sources for lobbying must be disclosed.
Btliqious organizations 24 C.F.R. S 570.503(b)(6)
Limitations and conditions on the use of CDBG funds by
religious organizations. See also 24 C.F.R. 5 570.200(j).
Blfiant Aliens 24 c.r.a. s 570.613
Newly legalized resident aliens are not eligible to apply
for CDBG funded direct benefits such as services, jobs and
housing rehabilitation.
uniform Relocation Assistance and B111 Property Acquisition
Policies Act (Uniform Act) 24 c.r.R. s 570.606
Requirements for real property acquisition procedures and
benefits and services that anyone displaced must receive.
Bonding and Insurance 24 c.r.R. s as.J&(h)
Includa with construction contracts with estiaated co•t of
$100,00 or acre. RaquJ.ras bid guarantees (51 of the bid),
performance bond ( 1001 of the contract price) and payaant
bond ( 1001 of the contract price). Where ONB CiJ:cular
A-110 applies, see Attachment Band Attachaent O, Par. 4.c.
Labor standards 24 c.r.a. s 570.603
In all construction contracts over $2,000 (except for
housing rehabilitation of properties containing less than 8 .
dwelling units), Davis-Bacon Act and related labor standards
requirements apply. Use current wage rates applicable to
the project and HUD-4010 which includes all required
references. See also 24 C.F.R. S 85.36(1)(4), (5) and (6)
or 0KB Circular A-110 Attachment O, Pars. 4.e., f., and 9.,
as applicable.
Debarred Contractors 24 C.F.R. S 570.609
Prohibit, use of debarred, suspended or ineligible
contractors or subrecipients in any contract.
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Envirorunental 24 C.F.R. S 85.36(i)(l2)
For all contracts and subcontracts over s100;000, include
compliance with standards, orders and requir ... nts issued
under Section 306 of the Clean Air Act, Section 508 of the
Clean Water Act, Executive Order 11738 and environaantal
Protection Agency regulations at 40 C.F.R. Part 15. Where
OMS Circular A-110 applies, see Attachaant 0, Par. 4.j.
flood Insurance 24 C.F.R. S 570.605
For acquisition rehabilitation, or construction in spac.iial
flood hazard areas (as datecainad by FEMA), property aust
have flood insurance.
Energy Efficiency 24 C.F.R. 85.36(1)(13)
Compliance with aandatory energy efficiency atandards and
policies in State energy conservation plan isauad in
compliance with the Ener;y Policy and Conservation Act (Pub.
L. 94-163). s .. also 24 c.P.R. Part 39. There is no
equivalent provision in 0MB Circular A-110.
Lead-Based Paint 24 C.F.R. S 570.608
Prohibits use of lead-based paint in residential structures.
Requires notification of occupants. Provides for .
inapection, teating and ab&t ... nt in specified
circuastancea.
a,a,.stos EPA/OSHA
Where aabaatoa is praaent in property undervoi.nv
rehabilitation, Padaral z:equ~nts apply nganing worker
expoaura, abataaant procedures and diapoaal. Saa llotice
CPD-90-44 for further details.
Title Yl of the
Civil Rights Act of 19§4 24 c.r.a. s 570.&0l(a)
Compliance with P.L. 88-352. Applies to all projects.
Prohibits discrimination on grounds of race, color or
national origin. Covers both t _he delivery of, and the
participation in, all CDBG projects. s .. also 24 c.r.R.
Part 1.
Pair Rousing 24 c.r.a. s s10.,01cb)
. Compliance with The F.sir Housing Act. Prohibits
discrimination on the basis of race, color, religion, sax,
national origin, handicap or familial status in all
activitids in~olving the salad ce5tal or financing of
housing. Publ IC 1aw90-284 ind E .. ll tiJ
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QiscriJllination Prohibition 24 C.F.R. S 570.602
Under provision of Section 109 of the HCP Act of 1974, as
4111ended, discriJllination is prohibited on th• basis of race,
color, religion, national origin or sex. Also refers to
discrimination on the basis of bancticap and age.
QiscriJllination on the Basis or Handicip 24 C.F.R. Part 8
Compliance with Sec. 504 requir-nts. Covers prohibited
discrimination in employment, benefits and pro9r ....
Establishes requir ... nts for applying Unifo:cm Federal
Accessibility Standards (UFAS) (s-24 C.P.R. Part 40 for
UFAS) to contracts. Note that UFAS and ·ANSI Standards·
differ in important respects.
Age Discrimination 24 C.F.R. Part 146
Covers prohibited discrimination by recipients and
subrecipients in all aspects of assisted progr ....
Discrimination in £mploymant 24 C.F.R. S 570.607(a)
For construction contracts over $10,000, prohibits
discriJllination in employment by aaking Exacutiya Qrd•r 11246
and related provisions applicable.
Empl9YJ18nt. Training and Contrastina Qpportunitie1 24 c.r~a. s s10.&07(b)
Under provisions of Sactign l pf tbf IAMM\9 and Pcbtn
Qeulomant act of 19§8, J:9q11ires opportunitJ.•• for training
and employment of lower-incoaa penou aad opportmliU.. for
contractin9 vi th local fuaa • Appliu to all contracts .
Minority ausio••• lotarpri•• 24 c.r.a. s as.J&<•>
Covers required actions by recipient aad contractors to
secure participation of fiau owned and controlled by
ainorities, women and residents of labor surplus areas.
Where OMS Circular A-110 applies, s-Attachllant O,
Par. 3.c.(3).
Compiled by:
Office of Community Planning
and Development
Region VIII (Denver)
June 1991
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COLUNII A
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EXBIBITB
PROJECT BUDGET
COLOlllf B COLUNII C
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTINUING RESOLUTION FUNDING
This Agre-ent is made and executed this day of
, 1996 by and between the Board of County ""c,...oaa-... i-ss ..... 10_n_e_r_s_o_f.,.......,.th.,._•_County of Arapahoe, State of Colorado, for the
Coaaunity Developaent Block Grant Prograa in the co-unity Services
Department (hereinafter referred to as the County) and '1'D cxn o•
mlCILallOOD, a aunicipality in Arapahoe County (hereinafter referred to as
the SubGrantee) for the conduct of a Coaaunity Development Block Grant
(CDBG) Project for Program Year 1996.
I. •1JU10S•
The primary objective of Title I of the Rousing and Co11111unity
Development Act of 1974, as aaended, and of the Community Development
Block Grant (COBG) Program under this Title is the development of viable
urban communities, by providing decent housing and a suitable living
environment and expanding economic: opportunities, principally for low
and moderate income persons.
The project by '11111 c:z:n o• mlflLalJOOD known as the aovaJ:N amBILID'l'IOII
~ (Project) ha• been categorized as a amJIJ:LJ:D'l'J:OII acnnn, and
the SubGrantee will aaintain docuaentation with the DflODL Oa.TaC'l'IVa
of JIOV8J:N a .... J:'l' activiti ...
Th• SubGrantee aay proceed to incur coats for the project as of June 1,
1996 unless aade contingent under Section II-F., Labor Standards, or
Section II-G., Environaental Reviews, below, and/or subject to the
SubGrantee receiving an official 'Notice to Proceed' froa the County.
The following provisions outline the scope of the work to be coapleted:
Project will .illprove City's existing housing stock by providing low
interest loans and grants to low-inc:o .. homeowners for the purpose of
single faaily housing rehabilitation.
&. •ayaent
It is expressly agreed and understood that the total aaount to be
paid by the Grantee under this contract shall not exceed $78,595.
Drawdowns for the payment of eligible expen••• shall be aade
against the line it-bud9ets specified in attached Exhibit B
herein and accordance with performance. Expenae• for general
adainistration shall also be paid a9ainat the line ita bud9et•
specified in Exhibit Band in accordance with perforaance.
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The project will be completed by June 1, 1997 unless this Agreement
is aodified by mutual agre ... nt.
c. •erforaanc• criteria
Project funding will accomplish the following:
Provide loans and grants to Englewood homeowners for housing
rehabilitation.
D. aeportiJa9 aequir....ats
1. Each SubGrant•• Drawdown Request will include progress
reports for th• period for which payment is being
requested.
2. Quarterly project reports will be due within 30 days
following th• and of each quarter (March 31, June 30,
Septeaber 30, Deceaber 31) until the Project is
completed.
3. Final Report is due 45 days after completion of the
Project.
4. Annual and Audit Reports -The official Annual Report and
Annual Audit for the SubGrantea in which both revenues
and expenditures for the CDBG Financial Projects
described herein are detailed. Du• annually, not later
than June 30 of each year.
•• Labor 8taa4ards (Dans-Baaoll)
It is dater11ined that:
Project does not involve activities which require compliance with
federal labor standards.
•· briroaaalltal a 1vim
Sita-specific anvironaantal reviews aust be performed prior to
issuing a contractor notice to proceed for each hoaa rehabilitated.
III. au.a.IBILI'fIU o• na 8vacaall'l'D
a. •ai11eral coapliaDGa
The SubGrant•• shall take all actions that are appropriate and
required of it to coaply with the applicable provisions of th•
grant agra ... nts received from the U.S. Dapartaent of B0uai119 and
Urban Development (HUD) by the County. Th••• include but are not
limited to coaplianca with the provisions of the BouaincJ and
co-unity Development Act of 1974 (ACT) and all llul•• and
Regulations, CJUidelin•• and circulars proaulgataill by the various
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federal departments, agencies, administrations and commissions
relating to the CDBG Program. More specifically, the SubGrant••
and the County shall each take all required actions to comply with
the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act
of 1964, Title VIII of the Civil Rights Act of 1968, Section 104
(b) and 109 of the Housing and Community Development Act of 1974,
24 CFR Part 85, Subpart IC of BOD'• Uniform Adainistrative
Requirement for Grants and Cooperative Agra .. ents, the regulations
applying to :minority business enterprise, 24 CFR 570.904, the lead
based paint regulations 24 CFR 570.608 and 24 CFR 35, and with 0MB
Circular A-87, Cost Principles tor State and Local Governaents.
Attached hereto as Exhibit A and incorporated herein by this
reference is a summary of provisions associated with the co .. unity
Development Block Grant Progr-vbicb shall be followed by the
SubGrant•• unless it is deterained to be inapplicable.
Additionally, in accordance with 24 CFR Part 570, no -ploy••,
official, agent or consultant of the SubGrant•• shall exercise any
function or responsibility in vbicb a conflict of interest, real or
apparent, would arise. The Subgrantee cannot engage in a federally
funded contract with any entity registered in th• Lists of Parties
Excluded From Federal Procur .. ant or Nonprocur .. ent Prograiu. This
publication is available in Arapahoe County through the Housing and
Community Development Services Division.
a. Supervision and adaiaistrati•• Control
As to any projects conducted during Program Year 1996, the
SubGrantee agrees, in accordance with Section III, paragraph A
above that the County shall have ultiaate supervisory and
administrative responsibility, but the SubGrant•• shall be
responsible for the expenditure of the funds allocated tor its
projects or activities and for the construction or performance of
its projects or activities in coapliance with all applicable
Federal laws and requir .. ents relating to th• CDBG Program.
c. IIOa-&ppropriatiou Clause
The SubGrant•• agrees that it will include in every contract it
enters, which relies upon CDBG aoni-for funding, a non-
appropriation clause that will protect itself and the County troa
any liability or responsibility or any suit vbicb aight result froa
th• discontinuance of CDBG funding for any reason ... cause this
Subgrant•• ACJr••••nt involves funds troa a federal grant, the
funding provisions of this Subgrantee Agreeaent, th• federal grant
and the federal statutes control rather than the provisions of
section 24-91-103.6, C.R.S. with regard to any public work
projects.
D. a.penditure aestriatiou
All CDBG funds that are approved by BOD tor expenditure under the
County's grant agreement, including those that are identified for
the SubGrantee's projects and activities, shall be allocated to the
specific projects and activities described and listed in the 4Jrant
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agreements. The allocated funds •hall be used and expended only
tor the projects and activiti•• tor which th• funds are identified.
•· avr•--t CllaJacJ••
No projects or activities, nor the amount allocated therefor, aay
be changed without concurrence by th• County and acceptance of the
revised Final Stat-ant and/or Consolidated Plan by BOD, if
required. Changes aust be requested in writing and aay not begin
until a aodification to thi• Agr•-•nt is fully executed.
•· Direct ~ojeota 8UperTi•ion aad &daini•tration
The SubGrant•• ahall be r••pon•ibl• tor th• direct •upervi•ion and
adminiatration of it• r••pective project• or activiti••· Thia taak
ahall be accoapli•hed through the uae of the SubGrante•'• •taff,
agency and -ploy•••· The SubGrant•• •hall be r .. ponaible for any
injury to person• or dmge to property r••ulting froa the
negligent acts or errors and oaisaiona of it• •taft, agents and
-ploy•••. Sw:,grantee, within its legal ability to do •o under the
Constitution of th• State of Colorado and ita ho--rule charter (if
Contractor is a boae-rule aunicipality) and without in any way or
manner intending to waive or waiving the deten••• or limitation• on
damages provided tor under and pursuant to the Colorado
Governmental I11111unity Act (Sec. 24-10-101, et •eq. C.R.S.), th•
Colorado Con•titution, it• ho••-rul• charter or under th• cmmon
law or the laws of the United Stat•• or the State of Colorado,
•hall indemnity and •ave haral••• the County again•t any and all
damages which are recovered under the Colorado Governaental
Immunity Act and reduced to final judg.-nt in a court of competent
jurisdiction by r•a•on of any negligent act or oaiaaion by
Sw:,grante•, it• agents, officer•, or employ•••, in connection with
th• performance of this contract.
a. Incl-ity
Because the SubGrant•• i• reaponaibl• for the direct aupervi•ion
and adaini•tration of it• project• or activiti .. , the County ahall
not be liable or re•ponaibl• tor co•t overruna by the SubGrant .. on
any projects or activiti... The County aball have no duty or
obligation to provide any additional tundi119 to th• SubGrant .. if
it• project• or activiti.. cannot be coapleted with the funds
allocated by the county to th• SubGrant... Any co•t overruns •ball
be the •ole re•pon•ibility of th• SubGrant ...
1.
2.
The SubGrant•• agr••• that all fund• allocated to it for
an approved project• or activiti•• ahall be uaed aolely
tor th• purpo••• approved by the County. Said fund•
•hall not be u•ed tor any non-approved purpo•••·
Th• SubGrant•• agre .. that th• funda allocated tor any
approved project• or activiti•• aball be •ufticient to
coapl•t• aaid projecta or activiti .. without any
additional CDIG fundi119.
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If the SUbGrant .. •• projecta involvu conatruction activitiu, any
Contractor it ua•• for Aid activitiu aball be required to provide
and -intain, until final acceptance by the SUbGrantee of all work
by aucb Contractor, the kinda and ainiaaa aaounta of inaurance ••
followa:
1. Coaprebenaive General Liability: In the aaount of not
lu• than $600,000 aoabined aingle liait. Coverage to
include:
a. Preai ... Operationa
b. Producta/Ccmpleted Operationa
c. Broad Pora contractual Liability
d. Independent Contracton
•· Broad Pora Property DaaaCJ•
f. laploy ... H Additional Inaured
CJ. Peraonal Injury
ll. Arapahoe County and the SUbGrant.. •• Additional
lfaaed Inaured
i. Waiver of Subr09ation
2. Coaprebenaive Autoaobile Liability: In the aaount of not
1... than $600,000 COllbined ai119le liait for bodily
injury and property daaaCJe. Covera9e to include:
a. Arapahoe County and the SubGrantee H additional
lfaaed Inaured
b. Waiver of SubroC)ation
3. -loyen Liability and Worken caapenaation: '1'he
contractor aball aecure and Mintain aployer'• liability
and worker'• Collpanaation lnnrance that will pratect it
... iut any and all claim raultillC) froa injuriu to and
death of vorken enpcJ8d in work under any oantract
funded purauant to t!lia atr•••nt. ~ to include:
a. waiver of 8ubro9ation
4. Additional llued Inaured: All referenoet inauraw
polici-and/or certificat .. of inaurance aball be
aubjec:t to the followillC) atipalatioaa:
a. Vlldervriten aball haw no ripta of ncovvy
aularoption apinat Arapaboe county or tbe
hbGrantee; it beillCJ the intent of the parti• that
tile inaurance polici• ao effected aball protect
tile parti .. and be priaary cowr..-for any and all
loa ... covered by the deac:ribed insurance.
b. '1"be clauae entitled •ot11er Inauranae ~iaiona•
contained in any policy lnalUllinf Arapaboe county
•• an additional .....s inRnd allall not apply to
Arapahoe coanty or the 8uGrantN.
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c . The insurance companies issuing the policy or
policies shall have no recourse against Arapahoe
county or the SubGrantee for pa}'laent of any
preaiwas due or for any assessments under any form
of any policy.
d. Any and all deductibles contained in any insurance
policy shall be assumed by and at the sole risk of
th• Contractor.
5. Certificate of Insurance: The Contractor shall not
co-enc• work under any contract funded pursuant to this
agreeaent until be has submitted to th• SubGrantee,
received approval thereof, certificates of insurance
showing that be bas coaplied with the foregoing insurance
requireaents. The SubGrant•• shall also submit a copy of
the Contractor's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this
paragraph (H) set forth hereinabove, the County reserves
the right to modify or waive said provisions for projects
or activities for which these provisions would prove
prohibitive. The SubGrantee understands, however, that
the decision to waive or modify those provisions is fully
within the discretion of the County.
I. aecorcls
The SubGrantee shall maintain a complete set of books and records
documenting its use of CDBG funds and its supervision and
administration of the projects. Th• SubGrantee shall provide full
access to these books and records to the County, the secretary of
RUD or his design••, the Office of Inspector General, and the
General Accounting Office so that coapliance with Federal laws and
regulations .. Y be confiraed. The SubGrantee further agrees to
provide to the County upon requ .. t, a copy of any audit reports
pertaining to the SubGrantH's financial operations during the tera
of this agre ... nt .
.r. aeportiJl9
The SubGrant•• shall file all reports and other infonaation
necessary to coaply with applicable Federal laws and regulations as
required by the county and BUD. This shall include providing to
the County the infonaation necessary to coaplete the Grantee
Perfonaance Reports in a tillely fashion.
It. !'iaeli••••
The SubGrantee has subaitted to the County, along with its
proposal, a description of the work to be perfol"9ed, a budget, and
a ti-table delineating the lenqth of ti-needed for eacb project
phase, it applicable, through the coapletion of the projects. Tb•
SubGrantee shall coaply with tiaetable for coapletion of the
projects . The SubGrantee understands that failure to comply with
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the timetable may lead to a cancellation of the projects and a loss
of all unexpended funds, unless the County determines that there
are extenuating circwastances beyond the SubGrant••'• control and
that th• projects will proceed within a reasonable length of time.
The timetable's implementation shall begin when the County provides
written notification to the SubGrantee to proceed.
L. aeillbars-e11t for ----
The SubGrant•• agrees that before the County can distribute any
CDBG funds to it, the SubGrantH aust subait to the county's
Housing and Coaaunity Developaent Services Division docuaentation
in the fora required by that Division which properly and fully
identifies the aaount wbich the SubGrantee is requ .. tiJIIJ at that
time. Th• County shall have ten (10) working days to review th•
request. Upon approval of th• request, the County will distribute
the requested funds to th• SubGrantee or directly to the
appropriate subcontractor or vendor as soon as possible.
•· ~ogru J:ncoae
All program income derived froa the Arapahoe County Coaaunity
Developaent Block Grant Program received by th• SubGrant•• will be
retained by the SubGrantee and will be dispersed for its approved
CDBG project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrant••' s Arapahoe
County CDBG Projects, all program income directly generated from
the use of CDBG funds will be remitted to the County.
•· Asset llallaCJ-•nt
Any single parcel of real property under the SubGrant••'• control
that was acquired or improved in whole or in part with CDBG funds
in axe••• of $25,000 will either:
1. Be used for an eligible CDBG activity, as determined by
th• County, for a ainiaua of five ( 5) years following
coapletion of th• SubGrantH's projects;
QB
2. Be disposed of in a aanner that results in the County'•
being reiabursed in the aaount of the current fair aarket
value of the property 1-• any portion of the value
attributable to expenditures of non-CDBG funds for
acquisition of, or iJlproveaants to, the property.
Reimbursement is not required after five (5) years
following completion of the SUbGrant••'• projects.
o. 8tat• and cowaty Law coaplianae
All responsibilities of the SubGrantH enuaerated herein .shall be
subject to applicable State statutes and County ordinances,
resolutions, rules, and requlations.
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The SubGrant•• agrees that n o CDBG funds will be legally obligated
to any project activity before the County has coapleted the
environaental review procedures, as required by 24 CFR Part 58.
Q. 8altcoatracts
If subcontracts are used on the projects, the SubGrant•• agr-s
that the provisions of this agra ... nt shall apply to any
subcontract.
a. hapeasioa or 'l'uainatioa
This agra ... nt aay be suspended or terainated by the County it the
SubGrant-materially fails to coaply with any tar. of this
agreeaent. This agra ... nt aay also be terainated for convenience
by autual agreement of th• county and the SubGrantee.
a. In the event that the Unit of General Local Governaent should
withdraw from the county's "Urbai:i County" designation, this
agreement shall terminate as of the termination date of th•
County's CDBG grant agreement with HUD.
'I'. The SubGrantee certifies that to the best of its knowledge and
belief:
1. No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or
employ•• of any agency, a Member of Congress, an officer
or employ•• of Congress, or an employ•• of a Member of
Congress in connection with the awarding of any Federal
contract, th• IUlking of any Federal grant, the IUlking of
any Federal loan, th• entering into of any cooperative
agra ... nt, and th• extension, continuation, renewal,
amendment, or aodification of any Federal contract,
grant, loan, or cooperative agre ... nt; and,
2. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing
or att .. pting to influence an officer or .. ploy-of any
agency, a Member of Congress, an officer or employ-of
congress, or an .. ploy-of a Member of congress in
connection with this Federal contract, grant, loan, or
cooperative agre .. ent, it will coapl•t• and sulait
Standard Fora-LLL, "Disclosure Pora to Report Lobbying,"
in accordance with its instructions.
v. Disallowanca
If it is determined by HUD or other federal agency that the
expenditure, in whole or in part, for the SubGrant-•s projects or
activity was iaproper, inappropriate or ineligible for
reiaburs .. ent, than the SubGrant•• shall reiaburs• the County to
the full extent of the disallowance.
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r, •... POIUIIBILrl'J:U CW nB COUll'l'T
&. LecJa1 Liability ud a..po-U.ility
The Parti•• recognize and undaratand that the County will bathe
qovarnaantal entity required to axacuta all grant aqr.-nta
received froa BOD pursuant to the County•• raquaata for CDIIG funds
and tbat it will tharaby bacaae and will ba bald by BOD to ba
legally liable and reaponsiltla for the overall adainiatration and
performance of tba CD8G procJr ... , including the projec:u or
ac:tiviti-to ba caadw:tad by the SUbGrantaa. Accordingly, the
SUbGrantea ~ tbat u to ita projec:u or activiti-parforaad
or conducted under any a,ac; agr1w1nt, the County aball ba'Y9 the
waary adainiatratiw control required to wt BOD requir-.ita.
a. ~oreenoa ... Cclllpllaw lloait:orbg
'l'ba county'• auparviaory and adainiatrativa obligations to the
SUbGrant-purauant to paragraph A above aball ba liaitad to the
performance of the adainiatrati va tasks nacaaaary to aalc• CDBG
funds available to the SubGrant-and to provide a Jlonitorinq
Speciali•t vboaa job it will ba to aonitor th• various projacta
funded with CDBG aoni•• to anaura that they coaply with applicable
Federal lava and regulations.
C. a.ponbg l:o IIUD
Th• County will ba responsible for confirainq th• coaplianca of the
SubGrant-·• projects with applicable Federal law• and ra.JUlationa.
'l'ba County will further ba raaponsiltl• for ... ing tbat all
necaaaary reports and inforaation, including the Grantee
Performance a.ports, are filed with and other applicable
Federal aqenci• in a tiaely faallion.
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In Witn••• Whereof, the Partie• have cauaed thi• agreeaent to be duly
executed thi• ___ day ot -----------' 1996.
Witneaa:
Attest:
Clerk to t:ba Board
Donetta Davidaon
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SUbgrantee: __ <;_it11.Y1-,..1P11o(..._.11Jq .. 11,lwftPPd111a.aaL--.. · · .. · .. :-..,:-::::::::::
. :-:..it.:-:-:-:-
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By: _________________ ··;..'·;..';..····-·.·.·.· ........ . . . . . . . . .
Title:·----------------
Board of County ec-iaaioner•
Arapahoe County, Colorado
Polly Paqe, a.airaan
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EXHIBIT A
CO~NITY DEVELOPMENT BLOCIC GRANT PROGRAM
CONTRACT CLAUSES
Scopa of work 24 C.F.R. S 570.SOJ(b)(l)
Should be clear, quantified, with parformance criteria built
in. Performance to include accomplishllent of the product,
-thod of accomplishment, tiaing, ailastonas and parsorut•l
assigned. There should be a ve.ry spacific budget, organized
by task as wall as line item.
contract Administration 24 C.F.R. S 85.36(b)(ll)
Procedures regarding all contractual and adai.nistrative
issues. This must include procedures for changing the
scope, specifications, budget, or other provisions. Where
0MB Circular A-110 applies, sea Attachment O, Par. J.c.(9).
Qnifo;:m Administration 24 C.F.R. S 570.502
Compliance with the requirements of 24 c.F.R. Part 85,
sometimes referred to as the •common Rule.• Applicable to
grant-• and subrecipiants that ·ara ~ntal entities.
Subracipients that are not governmental anti.ties aust comply
with spacifi.ad Attachments to 0MB Circular A-110.
Cqft Principles 24 C.P.R. S 570.502
Compliance with the provisions of ONB Circular A-87 or
A-122, as applicable.
conflict of Interest 24 c.r.a. s 510.,11
No employee, officer or agent of the subgrant-shall
participate in selection, or in the award or adai.nistration
of a contract if a conflict of interest, real or apparent,
would be involved. s-also 24 C.P.R. S 85.36(b)(3) or 0MB
Circular A-110, Attachment O, Par. l.a., as applicable.
BfCprdkeepinq 24 c.r.a. s 570.50l(b)(2)
Describe records that aust be aaintainad, including
eligibility, national objectives, financial, equal
opportunity, ate. Saa also 24 C.F.R. S 570.506.
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Reporting Requirements 24 c.r.R. s 570.50J(b)(2l
Describe all reporting requirements necessary to verify
accomplishment toward ... ting the project scope and to
demonstrate compliance with other requirements. See also
24 C.F.R. S 85.J6(i)(7) or 0KB Circular A-110, Attachmant H,
as applicable.
Patents and copyrights 24 c.r.R. s as.J&(i)(B) , (9)
Include any applicable provisions regarding rights to
patented inventions and copyrighted 11&terial resulting fram
the CDBG contract. Where 0KB circular A-110 applies, •-
Attachment O, Par. 4.h.
Access to Records 24 c.r.R. s 85.J&(i)(lO)
Access by city/county, Coaptroller General, Secretary of HOD
and their representatives, to any records relating to the
project. Where 0MB Circular A-110 applies, see
Attachment O, Par. 4.i.
Retention of Records 24 C,F,R. S 85.J6(i)(ll)
All records relating to the project mist be retained three
years after project auclit/close out. Where 0MB Circular
A-110 applies, see Attacbaant c.
Proaram IncOM 24 c.r.R. S 570.SOJ(b(J)
Description of all guidance on the d.isposit.ion and use of
proc;rraa .income. See also 24 C.!',R. SS 570.500(&) and
570.504
Reversion of Assets 24 C.F.R. S 570.50J(b)(8)
Provisions regard.inc;r the return of excess funds and
requir ... nts regarding the post-closeout use of real
property acquired or J.aprond vith CDBG funds.
Breach of contract 24 C.F.R, S 85,36(1)(1)
Administrative, contractual and legal remedies in instances
of breach of contract, including sanctions and peMlties.
Where OMS Circular A-110 applies, ... Attachment O,
Par. 4.a.
Termination 24. c.r.a. s 85.36(1)(2)
For all contracts in excess of $10,000, description of how
and under what circwastances a contract 114Y be termiMted
for caus4 and for convenience, including the basis for
settlement. Where OHB Circular A-110 applies, see
Attachment O, Par. 4.b.
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24 C.F.R. S 570.502
Compliance with 0MB Circular A-128 (State and local
governments) or A-133 (Nonprofits and higher education
institutions). See also 24 C.F.R. Part 44 and
24 C.F.R. S 85.26.
Lobbying 24 C.F.R. Part 87
No CDBG funds may be expended for lobbying purposes and
payments from other sources for lobbying must be disclosed.
Raliaious organizations 24 C.F.R. S 570.503(b)(6)
Li.Jllitations and conditions on the use of CDBG funds by
religious organizations. See also 24 C.F.R. S 570.200(j).
Rasident Aliens 24 C.F.R. S 570.613
Newly legalized resident aliens are not eligible to apply
for CDBG funded direct benefits such as services, jobs and
housing rehabilitation.
Uniform Relocation Assistance and Real Property Acquisition Policies Act {Uniform Act) 24 C.P.R, S 570.606
Requirements for real property acquisition procedures and
benefits and services that anyone displaced must receive.
Bonding and Insurance 24 C.F.R. S 85.36(h)
Include with construction contracts vith est.iaatad coat of
$100,00 or more. Requj.res bid 911Uantees (51 of tha bid),
performance bond ( 1001 of tha contract price) and payaant
bond ( 1001 of the contract price). Where ONB Circular
A-110 applies, see Attachment a and Attachment O, Par. 4.c.
Labor standards 24 C.F.R. S 570.603
In all construction contracts over $2,000 (except for
housing rehabilitation of properties containing 1 .. s than 8 .
dwelling units), Davis-Bacon Act and related labor standards
requirements apply. Use current wage rates applicable to
the project and HUD-4010 which includes all required
references. See also 24 C.F,R. S 85.36(1)(4), (5) and (6)
or 0KB Circular A-110 Attachllent O, Para. 4.e., f., and 9.,
as applicable.
Debarred contractors 24 C.F.R. S 570.609
Prohibit~ use of debarred, suspended or ineligible
contractors or aubrecipienta in any contract.
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Envirorunental 24 C.F.R. S 85.36(i)(l2)
For all contracts and subcontracts over s100;000, include
compliance with standards, orders and requir ... nts issued
under Section 306 of the Clean Air Act, Section 508 of the
Clean Water Act, Executive Order 11738 and environmental
Protection Agency regulations at 40 C.F.R. Part 15. Where
0KB Circular A-110 applies, see Attachment 0, Par. 4.j.
flood Insurance 24 C.F.R. S 570.605
For acquisition rehabilitation, or construction in speci:al
flood hazard areas (as deteaained by FEKA), property auat
have flood insurance.
lo•rqy Efficiency 24 C.F.R. 85.36(i)(l3)
Compliance with mandatory energy efficiency standarda and
policies in State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub.
L. 94-163). Sea also 24 C.F.R. Part 39. There is no
equivalent provision in 0MB Circular A-110.
Lead-eased Paint 24 C.F.R. S 570.&08
Prohibits use of lead-based paint in residential structures.
Requires notification of occupants. Provides for
inspection, testin9 and abatement in specified
circwastances.
Asbestos EPA/OSHA
Where asbestos is present in property underCJOinCJ
rehabilitation, Padaral ~~ta apply r8CJardinCJ worker
exposure, abae-nt procedures and disposal. SH Mot.lee
CPD-90-44 for further details.
Title VI of the
Civil Rights Act of 1964 24 C.F.R. S 570.&0l(a)
Compliance with P.L. 88-352. Applies to all projects.
Prohibits discrimination on grounds of race, color or
national ori9in. Covers both t _he delivery of, and the
participation in, all CDBG projects. S•• also 24 C.F.R.
Part l.
fair Housing 24 C.F.R. S 570.&0l(b)
. Compliance with Th• Fair Housin9 Act. Prohibits
discrimination on the basis of race, color, religion, sex,
national origin, handicap or fUlilial status in all
activiti4s involving the s•l•A 1:ent.&.1 or financing of housing. Public 11W90-2M Ind E.u. UU(]"-I
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Discrimination Prohibition 24 C.P.R. 5 570.602
Under provision of Section 109 pf thf w;;p Act pf 1974, as
amended, discrimination ia ~hilaited on tha basis of race,
color, religion, national origin or aea. Also refers to
discrimination on th• basis of baadicap and aqe.
Discrimination on tb• IA•i• of
HandiCIP 24 C.P.R. Part 8
Compliance with Sec. 504 requ~nts. Covers prohibited.
discrimination in eaployaent, benefits and Pro«Jr ....
Establishes requireaenta for applying Unifoca Federal
Accessibility Stand&rds (UPAS) (s .. 24 C.P.R. Part 40 for
UFAS) to contracts . llote that UFAS and ·ANSI Standards•
differ in .important respects.
As• Discrimination 24 C.P.R. Part 146
Covers prohibited discriaination by recipients and
subrecipients in all aspects of assisted progr ....
Discrimination in Employmant 24 C.F.R. 5 570.607(a)
Por construction contracts over $10,000, prohibits
discrimination in employment by aalcing Exacutiye Order 1124§
and related provisions applicable.
Emplgymant. Training and
contracting opportunitit• 24 C.P~R. 5 570.607(b)
Under provisions of Sec:tlpn l pf tb, Bguainq and Urban
QeulAP91nt act of 19§8, require• opportuni.tiH for traininq
and -ployaent of lower-income persona and opportunitiu for
contracting with local fi.ala. Applies to all contracts.
Minority ausio••• lot1rpri1a 24 C.P.R. 5 85.36(•)
Covers required actions by recipient and contractors to
secure participation of fi.ala owned and controlled by
minorities, women and residents of labor surplus areas.
Where OMS Circular A-110 applies, s .. Attachment O,
Par. 3 . c . ( 3 ) •
Compiled by:
Office of Community Planning
and Development
Region VIII (Denver)
June 1991
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Mtlvillaa ......
,111 •• .... All!..-
TOTAL
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EXBIBITB
PROJECT BUDGET
COLONN 8 COLOIIN C
....... TalC..elU.. -elc:Dal ...... .... ,,...,~c .......
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4,CIDII 4,CIDII
14,CIDII 14,CIDII
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aDDIIIIDUII IIUJIIID mm
'1'0 TD C'IJWMUMfft D~ U.OCS 8Ul'l'
a,oaxm amamnn011 aeaw•wt
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Thia ADDDDUII IIUIIBER ONE IIOditi•• the Arapahoe County Coaaunity
Dev.lopaent Block Grant Agreeaent (•Agre-ant•) by and between Arapahoe
County (•county•) and the c:%ff cw aNLallOOD (•Subgrant-•), dated __
~~~~~~~~~~~~~~,1996.
IIIID.US, th• Agre-ant ( in Section III. B) , requir-that if any
su.bC)rantaa project involv-conatruction activiti-, then the Contractor
-lected by the Subl)rant•• IIU9t provide and -intain inauranca in the
aaounta -t forth therein; and
IIIIBRAS, pursuant to Section III. B.6, the Subgrantaa d-ir-that the
County vaiv. a portion of the inauranc• requireaanta of section III.B of
Agraeaant; and
WIIBREAS, the County agrw to the waiver a• noted herein.
HOW, THEREFORE, IT IS AGREED by th• County and th• Subgrant-..
follows:
1. 'l'h• Subl)rant-ahall require ita ••lectad Contractor to
provide and -intain general liability and property inauranca
in an aaount not 1-• than $100,000 by th• Contractor and to
provide and -intain autoaobil• liability inauranca and
vorlman' • coapanaation inaurance required by Colorado law.
Proof of auch inauranca aball be provided to the su.bgrantaa.
2. 'l'h• Subgrant-and th• County r-ffirll the proviaiona of
section III. P. , concerning adainiatration and indanification
concerning perforaanca of th• Agr...ant.
3. All other provi•iona of th• A,cJreeaent not inconaiatant with
thia Addendua lfuaber one are ~ffiraad.
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In Witn-• Whereof, the Parti-bav. cauaed thi• Addenclua to be duly
executed thia ----day of -----------' 1996.
Witneu:
Atteat:
Clerk to th• Board
Donetta Davidaon
SUb)rant_:_.....:Cao.i~tll,lyL..JlgUf ..... PR .. i..J,aMPQd, ___ .-.• -.••.••••.....
·.·.·.·.·.·.·.·.· ......... . ·.·.f·.··.·.·.· . . ·.·~·····
.·.· .. ·.·.·.·.· 8Y=--------------..: .... : ... : :-:-:-:-: . ·.·.·.·.·.·.·.·.· Title: ____________ ·_·_·_· .....
Board of County coaaiaaionera
.Arapahoe County, Colorado
Polly...,., Cbairaan
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This Agr•-•nt is aad• and executed this day of
, 1996 by and batveen the Board of County
"'c-o--i"'"s_a_i ... o_n_er_s_o_t,......th,....,...•-""C~ounty ot Arapahoe, State of Colorado, tor the
co-unity Developaent Block Grant Progr-in the Coaaunity Services
Departllent (hereinafter referred to as the County) and '1'D C%ff OJ'
DCU.allOOD, a aunicipality in Arapahoe County (hereinafter referred to as
th• SubGrantae) tor the conduct of a Caaaunity Development Block Grant
(CDBG) Project tor Progr-Year 1996.
I.~-
The primary objective of Title I ot th• Rousing and Cea.unity
Developaant Act of 1974, as aaendad, and of the Coaaunity Development
Block Grant (CDBG) Prograa under this Title is the developaant ot viable
urban co .. unitias, by providing decent housing and a suitable living
environment and expanding econoaic opportunities, principally tor low
and moderate income persons.
The project by '1'D Crl'T 01' BNI.BWOOD known as the UoaDlll&T COWPIDOR
JIDa09DBIITS fto.rBC'l' (Project) has baen cate«Jorizad as a D9C:DL
ac'l'TTJff l'Oa cc.-aa•I'l'I a&SBD D~ ORDJIID'l'IOIIB ac'l'ITiff, and the
SubGrantea will aaintain doc:uaentation with the llaTIGllaL 08JBC'l'IVS of
IIDG8IN mun• activities.
The SubGrant-uy proceed to incur costs tor the project as of June 1,
1996 unless ude conti.nqent under Section II-r., Labor Standards, or
Section II-G., !nvironaental Reviews, balov, and/or subject to the
SubGrantea receiving an official 'Notice to Proceed' troa the County.
Th• following provisions outline th• scope ot the work to ba completed:
Project will illprove City's existing housing stock by providing funds
tor extensive renovations to badly deteriorated si.nqla faaily owner
occupied ho-• which are unsuitable tor the City's recJUlar housing
rehabilitation prograa.
&. ••yaaat
It is expressly agreed and understood that the total aaount to ba
paid by the Grantee under this contract shall not exceed $35,000.
Drawdowns for the payaent of eligible expenses shall ba uda
against th• line it-budgets specified in attached bbibit B
herein and accordance with parforunca. Bxpenses for general
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adlllinistration shall also be paid against the line it-budgets
specified in Exhibit Band in accordance with perforiaance.
•• 'fillelin•
Th• project will be completed by June l, 1997 unless this Agreement
is IIOdified by autual agreement of the parti ...
c. ~oramaae critu-ia
Project funding will accomplish the following:
Provide loans and/or grants to one or aore Inglewood homeowners for
the purpose of extensive housing renovations.
D. a.portinq aequireaeats
1. Each SubGrantee Drawdown Requ .. t will include progr .. s
reports for th• period for which payment is being
requested.
2. Quarterly project reports will be due within 30 days
following th• end of each quarter (March 31, June 30,
September 30, December 31) until the Project is
completed.
3. Final Report is due 45 days after coapletion of the
Project.
4. Annual and Audit Reports -The official Annual Report and
Annual Audit for th• SubGrantN in which both revenues
and expenditur.. for the CDBG Financial Projects
described berein are detailed. Du• annually, not later
than June 30 of each year.
a. LaNr ataDdards CDaris-aaaoa>
It is determined that:
Project does not involve activities which require compliance with
federal la))or standards.
Environmental reviews will be perforaed by Arapahoe County upon
.. lection of individual sit•• in order to determine whether
environaental action i• required.
&. •edu-al Caapli-ae
Th• SUbGrantN ahall take all actions that are appropriate and
required of it to comply with the applicule proviaions of the
c;rant ac;r .... nta received fro• the o.s. Departaent of BouaiJII) and
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Orban Development (HUD) by the County. These include but are not
limited to compliance with the provisions of the Housing and
Co11J11unity Development Act of 1974 (ACT) and all Rules and
Regulations, guidelines and circulars promulgated by the various
federal departlllents, agencies, adainistrations and co-issions
relating to the CDBG Program. Nore specifically, the SubGrantee
and the County shall each take all required actions to comply with
the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act
of 1964, Title VIII of the Civil Rights Act of 1968, Section 104
(b) and 109 of the Housing and Co~ity Development Act ot 1974,
24 CFR Part 85, Subpart K of BOD'• Uniform Adainistrative
Requirement tor Grants and Cooperative Agre-ents, the regulations
applying to minority business enterprise, 24 CFR 570.904, the lead
based paint regulations 24 CFR 570.608 and 24 CFR 35, and with 0MB
Circular A-87, Cost Principles tor State and Local Governments.
Attached hereto as Exhibit A and incorporated herein by this
reference is a summary of provisions associated with the Community
Developaent Block Grant Program which shall be followed by the
SubGrantee unless it is determined to be inapplicable.
Additionally, in accordance with 24 CFR Part 570, no employee,
official, agent or consultant ot the SubGrantee shall exercise any
function or responsibility in which a conflict of interest, real or
apparent, would arise. The Subgrantee cannot engage in a federally
funded contract with any entity registered in the Lists of Parties
Excluded Fro• Federal Procurement or Nonprocurement Programs. This
publication is available in Arapahoe county through the Housing and
Co11111unity Development Services Division.
a. 811pervisioa aad adai.JlistratiTe control
As to any projects conducted during Program Year 1996, the
SubGrantee agrees, in accordance with Section III, paragraph A
above that the County shall have ultimate supervisory and
adainistrative responsibility, but the SubGrantee shall be
responsible tor the expenditure of the funds allocated tor its
projects or activities and tor the construction or performance of
its projects or activities in compliance with all applicable
Federal laws and requir ... nts relating to the CDBG Program.
c. lloa-appropriatioas Clause
The SubGrantee agrees that it will include in every contract it
enters, which relies upon CDBG monies tor funding, a non-
appropriation clause that will protect itself and the county from
any liability or responsibility or any suit which might result from
the discontinuance ot CDBG funding tor any reason. Because this
Subgrantee Agreement involves funds from a federal grant, the
funding provisions of this Subgrantee Agreement, the federal grant
and the federal statutes control rather than the provisions of
Section 24-91-103.6, C.R.S. with regard to any public work
projects.
D. 8llpeaditure aestriatioas
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All CDBG funds that are approved by HUD for expenditure under the
County's grant agreement, including those that are identified for
the SubGrantee's projecu and activities, shall be allocated to the
specific projects and activities described and listed in the grant
agreements. The allocated funds shall be used and expended only
for the projects and activities tor which the funds are identified.
•· &qre...at C11aJacJes
•o projects or activities, nor the aaount allocated therefor, aay
be changed without concurrence by the County and acceptance of the
revised Final Stat-•nt and/or Consolidated Plan by RUD, if
required. Changes must be requested in writing and aay not begin
until a modification to this Agre ... nt is fully executed.
r. Direct Projects SUperTision and &daiaistration
The SubGrantee shall be responsible !or the direct supervision and
administration o! its respective projects or activities. This task
shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any
injury to persons or damage to property resulting from the
negligent acts or errors and omissions o! its staff, agents and
employees. Subgrantee, within its legal ability to do so under the
Constitution of the State of Colorado and its home-rule charter (if
Contractor is a home-rule municipality) and without in any way or
manner intending to waive or waiving the defenses or limitations on
damages provided for under and pursuant to the Colorado
Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the
Colorado Constitution, its home-rule charter or under the coamon
law or the laws o! the United States or tbe State of Colorado,
shall ind..nify and save harmless the County against any and all
daaages which are recovered under the Colorado Governaental
Iaaunity Act and reduced to final judg ... nt in a court of coapetent
jurisdiction by reason of any negligent act or oaission by
Subgrantee, its agents, officers, or employees, in connection with
the performance of this contract.
ca. Indamaity
Because the SubGrantee is responsible for the direct supervision
and administration of its projects or activities, the County shall
not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The county shall have no duty or
obligation to provide any additional funding to the SUbGrantee if
its projects or activities cannot be coapleted with the funds
allocated by the County to the SubGrantee. Any cost overruns shall
be the sole responsibility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it for
an approved projects or activities shall be used solely
for the purposes approved by the County. Said funds
shall not be used for any non-approved purpoaes.
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2. The SubGrant•• agrees that th• funds allocated for any
approved projects or activities shall be sufficient to
coapl•t• said projects or activiti .. without any
additional CDBG funding.
•· naaur-ae
If the Su.bGrant••'s projects involv .. conatruction activiti .. , any
Contractor it uses for said activities sball be required to provide
and -intain, until final acceptance by the SubGrantee of all work
by such Contractor, the kinds and ainimm aaounts of insurance as
tollovs:
1. Coaprehensiv• General Liability: In the aaount of not
less than $600,000 collbined single li.ait. Coverage to
include:
a. Preaisu Operationa
b. Products/Coapleted Operationa
c. Broad Form contractual Liability
d. Independent Contractors
•· Broad Form Property Daaag•
f. Employees as Additional Inaured
g. Personal Injury
b. Arapahoe County and th• SubGrant•• as Additional
Named Insured
i. Waiver of Subrogation
2. Coaprehensive Autoaobil• Liability: In th• aaount of not
1 .. s than $600,000 coabined single liait for bodily
injury and property daaage. coverage to include:
a. Arapahoe County and th• SubGrant•• as additional
•aaecS Insured
b. Wai var of Subrogation
3. Employers Liability and Workers Coapensation: Th•
Contractor shall ••cur• and aaintain -.,layer's liability
and Worker's Compensation Insurance that will protect it
againat any and all clai.as r .. ultinq fraa injuriu to and
death of workers engaged in work under any contract
funded pursuant to this agr~t. coverage to include:
a. Waiver of Subrogation
4. Additional Naaed Inaured: All referenced inaurance
policies and/or certificatu of insurance shall be
subject to the following stipulationa:
a. Underwriters shall have no rights of recovery
subrogation againat Arapahoe county or th•
SubGrantee; it bei119 the intent of the parties that
the inauranc• policiu ao effected sball protect
the parti .. and be priaary coverac,• for any and all
lossu covered by the described inauranca.
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b. Th• clause entitled •other Insurance Provisions•
contained in any policy including Arapaho• County
as an additional named insured shall not apply to
Arapahoe County or the Sul:)Grant-.
c. Th• insurance companies issuing the policy or
policies shall have no recourse against Arapahoe
County or the Sul:)Grant-for ~yaent of any
pr-iums due or for any assessaents under any for11
of any policy.
d. Any and all deductibles contained in any insurance
policy shall be •••Wied by and at the sole risk of
the Contractor.
5. Certificate of Insurance: Tb• Contractor shall not
co-enc• work under any contract funded pursuant to this
agreement until he has su!aitted to the Sul:)Grante•,
received approval thereof, certificat-of insurance
showing that be has coaplied with the foregoing insurance
requir-•nts. Tb• Sul:)Grant-shall also aw.it a copy of
the Contractor's certificat .. of insurance to the County.
6. Notwithstanding the provisions contained in this
paragraph (H) set forth bereina!)ove, the County reserves
the right to modify or waive said provisions for projects
or activities for which th ... provisions would prove
prohibitive. Tb• Sul:)Grant-understands, bovever, that
the decision to waive or IIOdify those provisions is fully
within th• discretion of the County.
I. a.cords
The Sul:)Grant•• shall aaintain a coaplete .. t of books and records
dOCU11enting its use of CDBG funds and its supervision and
adainistration of the projects. Tb• Sul:)Grant•• shall provide full
access to th••• books and records to th• County, th• Secretary of
BUD or his design••, the Office of Inapector General, and the
General Accounting Office so that coapliance with Federal laws and
regulations aay be conf iraecl. Th• Sul:)Grant•• further agr•.. to
provide to th• county upon requ .. t, a copy of any audit reports
pertaininq to th• Sul:)Grant••'• financial operations during the ter11
of this agr•-•nt.
3. aeportiaq
Tb• Sul:)Grant•• shall file all reports and other info:r11ation
necessary to coaply with applicable Federal laws and regulations••
required by the County and BUD. This shall include providing to
the County th• inforaation necessary to complete the Grant••
Perfo:r11anc• Reports in a tiaely fashion .
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The SubGrant•• ha• •utaitted to th• County, along with its
proposal, a de•cription of the work to be performed, a budget, and
a tillletal>l• delineating tbe length of tiae needed for each project
phase, if applical:>le, throuCJh tbe coapletion of the projects. The
SUDGrant•• •hall coaply witb tiaetacl• for caapletion of the
projects. The SUl:)GrantN understands that failure to coaply with
the tilaetal>l• aay lead to a cancellation of th• projects and a lo••
of all unexpended funds, unl ... tbe County deterain•• that there
are extenuating cirC\1118tancu beyond the SUDGrant .. •• control and
that the projects will proceed within a reasonable length of tiae.
Th• tiaetal>l•'• illpleaentation shall begin vben the County provides
written notification to tbe SUDGrant•• to proceed.
L. a.iabar•Wllt for..,_. ..
Th• Sul)Grant•• agrees that before the County can di•tribute any
CDBG funds to it, the Sul)Grant .. aust subait to th• County's
Rousing and Coaaunity Development Services Division docwaentation
in the fona required by that Division vbich properly and fully
identifies th• aaount vbich tbe SUDGrant•• i• requ .. ting at that
tiae. Th• County shall have ten (10) working days to review th•
request. Upon approval of th• reque•t, th• County will di•tril>ute
the requ••ted funds to the SUDGrant•• or directly to the
appropriate •UDContractor or vendor as •oon as possil>le.
•· ft'Ograa Inaaae
All prograa incoae derived from the Arapahoe County Community
Developaent Block Grant Progra11 received by th• Sul)Grant•• will be
retained l>y the Sul)Grant .. and will be dispersed for its approved
CDBG project activitiu before additional CDBG fund• are requuted
froa th• county. Following coapletion of the Sul)Grant••'• Arapahoe
County CDBG Projects, all progru incoae directly generated fro•
the use of CDBG funds will be r-itted to the County.
•· aa-t 11aaa9 ... 1:
Any single parcel of real property under the Sul)Grant .. •• control
that was acquired or improved in vbol• or in part with CDBG funds
in excas• of $25,000 will either:
1. B• used for an eligil>l• CDBG activity, as determined by
the County, for a ainilnm of five (5) year• following
coapletion of the SUDGrant••'• projects;
ga
2. Be di•po•ed of in a aanner that ruults in the county'•
being reial>ur•ed in th• aaount of the current fair market
value of the property l••• any portion of the value
attrU:iutabl• to expendituru of non-C:OIIG funds for
acqui•ition of, or illproveaents to, the property.
lleiabur•-ent is not required after five ( 5) years
following coapletion of the SUbGrant .. •• projects.
o. atat• aad couty La• coapliaaoe
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All r .. ponsibilities of the SubGrantee enwaerated herein shall be
subject to applicable State statutes and County ordinances,
resolutions, rules, and regulations.
•• bTiro-e11tal &eTiew
The SubGrantee agrees that no CDBG funds will be legally obligated
to any project activity before the County baa c011pleted the
environmental review procedures, as required by 24 CPR Part 58.
g. aubaoa1:racts
If subcontracts are used on the projects, the SubGrantee agrees
that the provisions of this agreement shall apply to any
subcon1:ract.
a. hap ... ioa or '1'8Z9iaatioa
This agreement aay be suapended or terminated by the County if the
SubGrantee materially fails to COllply with any term of this
agr ... ent. This agreeaent aay also be ter.ainated for convenience
by autual agreement of the County and the SubGrantee.
a. In the event that the Unit of General Local Government should
withdraw from the County's •urban County• designation, this
agreement shall terminate as of the termination date of the
County's CDBG grant agr .... nt with BtJD.
'1'. Th• SubGrantee certifies that to the best of its JcnovledcJ• and
belief:
v.
1. No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or
-ploy•• of any agency, a Member of convr-•, an officer
or employee of Congress, or an employ .. of a ... ber of
Congress in connection with the avardincJ of any Federal
con1:ract, the aakinq of any Federal C)r&llt, the aakift9 of
any Federal loan, the enterinq into of any cooperati,,.
agre ... nt, and the extension, continuation, renewal,
aaendllent, or IIOdification of any Federal con1:ract,
grant, loan, or cooperative agr....nt; and,
2. It any funds other than Federal appropriated funda ha,,.
been paid or will be paid to any person for influancincJ
or atteaptinq to influence an officer or employ .. of any
agency, a lleaber of Conqr .. s, an officer or employ .. of
conciress, or an employ .. of a lleaber of Conqress in
connection with this Federal con1:ract, CJrant, loan, or
cooperative agr•-•nt, it will coaplete and sutait
Standard Fona-LLL, •Disclosure Pora to Report Lobbyinq, •
in accordance with its instructions.
Disallowaac•
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I! it is deterained by BOD or other faderal acJency that the
expenditure, in wbole or in part, for the SubGrantH'• projecta or
activity va• improper, inappropriate or ineligible for
rei.Jlbur....nt, then the SubGrantH ahall re.iaburse the County to
the full extent of th• diullovance.
&. Lepl Liabili~ u4 a .... uiltili~
Tb• Partie• recognize and understand that the County will be the
qovernuntal entity required to execute all qrant aqrewnta
received froa BOD pursuant to the County'• raquuts for CDIIG funds
and that it will thereby bee.,.. and will be bald by BOD to be
lecJ&lly liable and reaponaibl• for tile overall adaini•tration and
perfor.ance of the CDIIG procJr._, inclwU.nq the projecta or
activiti .. to be conducted by the SubGrantH. Accordingly, the
SubGrantee avreu that•• to ita projecta or activiti .. perforaed
or conducted Wider any CDIIG aqrewnt, the County aball bave the
necesaary adaini•trative control required to ... t BOD requireMnta.
a • ..-tozaaace ud Coapliuae lloaitoriag
'l'be county'• auperviaory and adainistrativ• obliqationa to the
SUbGrantee purauant to para4Jraph A aboye aball be li.Jlited to the
perforaance of the adainiatrative tuu nec:e•aary to aaJte CDIIG
tunda a,railabl• to tba SUbGrantee and to provide a llonitorinq
8pecialiat lfbOae job it will be to aonitor the varioua projecta
fm tad with CDIIG acmi• to ensure tbat tbey coaply with applicable
Poflrrnl lm and requlatioaa.
c. ~b-
1'119 Cowatf will Ille r1111111118ibl• for rmtirlli.JIIJ tbe coapliance of tba
a.Gralltee'• projecta with applicable Pederal lm and "9Ql.atioaa.
1'119 cuw.e, will furtber Ille rH, anaible for winrJ tbat all
8HIIHrJ r9POrta and informt ~on, includinrJ tba Grantee
llert...ace a.porta, are filed w1th IIOD and other applicable
...._..l ..,.nci .. in a ti.Mly tuition.
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In Witnea Whereof, th• Parti .. bave cauaed this ~t to be duly
executed this ___ day of ----------' 1996.
Witneu:
Atteat:
Clerk to the Board
Donetta Davidaon
. ....... . ·.·.·.·.·.·.·.·.· ·.·.·.·.·.·.·.· ........ ·.
SUbl)ralltee:_.....,lc;11,,1i11,1ty~.1,1Q1o1,,( ... 1Da .. 1o1l1o1rrnod1m11111111--: ;;..;: :~;...;-;.;:;.: ; \; < ......... . ·.·.·.·.·.·.· .. . . . . . . . . .
By: ______________ _
Titl•=----------------
Board of county co-etuioner•
Arapaboe county, COlondo
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EXHIBIT A
COMMUNITY DEVELOPND'r 8LOCX GRAlff PROGRAM
SeePa .of warJc 24 C.P.R. S 570.50J(b)(l)
Should be clear, quant.if.ied, with perfoz:aance criteria bu..ilt
.in. PerfoCl&DCe to iacluda accoaplu!aent of the pi:oduct,
-thod of accoapl.i•baent, tiaincJ, ailfftone• and personal
.. sic;ned. There should be a vezy specif.Le budget, oquuaed
by task as well as l~ itaa.
Caotrac;; 1aJ,ni1tratiqn 24 C.P.a. S 85.l&(b)(ll)
Procedw:as 1:egud.imJ all contractUAJ. and act-Jntstrati,re
J.s•ues. Th.i• mast Lael.Ilda proc:edm:u for chmu)inq the
scope, apecif.icat.iou, ~t, or otJler pro,,isi.ou. 1lhare
OIIB C.ircular A-110 appl.iu, •-Attac:baent O, Par. 3.c. (9).
Qni,fo:ga !drlo\1tration 24 C.P.R. S 570.502
Collpliallc:e vi.th the ~ts of 24 C.P.R. l'art 85,
soaat.iaes referred to u t1la •o-m lbal.e. • Appl.icable to
grantNa and nbncipJ.eats tbat an ~tal •titiu.
Sub~i.pients uat are not 1JOW9raaantal eat.it.Lea mat coaply
with •pecified At.tac:baallts to 011B CUclal.ar A-110.
(!Qllt, frf.g;i,pl,e• 24 C.P.a. S 570.502
Coapliaace with the prcwia.iona of OIIB CJ.rcul.ar A-87 or
A-122, .. appl.icable.
CAoflJ.st gf Jottaat 24 c.P.a. s 510.611
llo employee, officu or ..,.at of t1la nbgrantee aball
participate .in NJ.ec:tioa, or 111 ti. DUd or edelnt•tration
of a contract if a confl.ict of iate%ast, nal or ~t,
would be invohed. ... also 24 C.J'.R. S 15.36(b)(3) or OIIII
C.ircular A-110, Attac:baent O, Par. 3. a. , .. applicable.
IFagdknaina z4 c.r.a. 1 s10.50l(b)(2)
De•cribe recoJ:da that mast be Milltailled, incladiatJ
eligibility, national o:i::ti,re•, finaacial, equal
opportunity, etc. See 24 c.r.a. s 570.506.
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Reporting Requirements 24 C.P.R. S 570.S03(b)(2)
Describe all reporting requir ... nts necessary to verify
accomplishment toward ... ting the project scope and to
demonstrate coaplianca with other requir .. nts. See a:l.so
24 C.P.R. S 85.36(i)(7) or Olm Circ:ular A-110, Attacbaent B,
as applicable.
Patants and copyrights 24 C.P.R. S 8S.J6(i)(8), (9)
Include any applicable provisions regarding rights to
patented inventions and copyrighted aaterial resulting f:am
the CDBG contract. Where OIIB circular A-110 applies, s ..
Attachment O, Par. 4.h.
Ass••• to Records 24 C.P.R. S 8S.36(i)(l0)
Access by city/county, Comptroller General, Secretary of BOD
and their representatives, to any records relating to the
project. Where 0KB Circular A-110 applies, •ee
Attachment O, Par. 4.i.
Retention of Records 24 C.P.R. S 85.36(1)(11)
All recorda relating to the project mist ba retainad three
years after project aucilt/clo•e out. Where OIIB Circular
A-110 applies, ... Attacbaent c.
Prpqrg IDSPN 24 C.P.R. S S70.503(b(l)
Description of all CJUidance on tha diapoaition and ue of
program income. See a1•o 24 C.P.R. SS 570.500(a) and
570.504
24 C.P.R. S 570.50l(b)(8)
Provisions revardincJ tha return of excns funds and
requireaenta revardin9 tbe poat-cloaeout ue of nal
property acquuad or i.alp:ond with CDIIG funda.
lnach af Contrac:t 24 C.P.R. I 15.36(1)(1)
Administrative, contractual and le«Ja1 naedies in instADces
of breach of contract, iDcladi.AiJ aanctiona and penaltiea.
Where 0KB Circular A-110 appliea, ... Attacbllent o,
Par. 4.a.
t1m1nation 24. c.r.a. s 85.36(1)(2)
Par all contracts in exce•s of $10,000, dascription of bov
and under vMt cJ.rcuaatancu a contract aay ba teminated
for caus~ and for convenience, inclu.cliaq the basis for
settl.-nt. When OIIB C.Lrc:lllar A-110 applies, sff
Attachment O, Par. 4.b.
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24 C.F.R. S 570.502
Compliance with 0MB Circular A-128 (State and local
governments) or A-lJJ (Nonprofits and higher education
institutions). Sea also 24 C.F.R. Part 44 and
24 C.F.R. S 85.26.
Lobbying 24 C.F.R. Part 87
No CDBG funds -y be expended for lobbying purposes and
payments from other sources for lobbying must be disclosed.
Raliqious organizations 24 C.F.R. S 570.503(b)(6)
Limitations and conditions on the use of CDBG funds by
religious organizations. See also 24 C.F.R. S 570.200(j).
Rasidant u1101 24 C.F.R. S 570.613
Newly legalized resident aliens are not eligible to apply
for CDBG funded direct benefits such as services, jobs and
housing rehabilitation.
Yoito;m Relocation A11istanc1
and Boal Property Acquisition Rolicias Act ,unifogp Act) 24 c.r.R. s 570.606
Requirements for real property acquisition procedures and
benefits and services that anyone displaced mist recei.,re.
Bonding and Insurance 24 C.P.R. S 85.J&(h)
Include with construction contracts with estiaated cost of
$100,00 or aora. Raqluras bid vuarutaes (51 of the bid),
perfoaanc:• bond ( 1001 of the contract price) and payaant
bond ( 1001 of the contract price). 11bara OIIB Circular
A-110 applies, s .. Attachaent I and Attachaant O, Par. 4.c.
4bor standards 24 C.P.a. S 570.603
In all construction contracts over $2,000 (except for
housing rehabilitation of propartiu containinq lus than 8
dwelling units), Davis-Bacon Act and related labor st.Allda%ds
requir ... nts apply. U•• current wage rates applicable to
the project and HUD-4010 vhich includas all required
references. s .. also 24 c.r.R. S 85.36(1)(4), (5) and(&)
or 0KB Circular A-110 Attachaant O, Para. 4.e., f., and q.,
as applicable.
P•barrad contractors 24 c.r.a. s 570.609
Prohibit, use of debarred, suspended or ineligible
contractors or subracipiants in any contract •
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Environmental 24 C.F.R. S 85.36(i)(l2)
For all contracts and subcontracts over s100;000, include
compliance wi.th standards, orders and requirements issued
under Section 306 of the Clean · Act, Section 508 of the
Clean Water Act, Ezecutive Order 11738 and environaantal
Protection Agency regulations at 40 C.F.R. Part 15. When
0KB Circular A-110 applies, see Attachment O, Par. 4.j.
Plood In1uranc• 24 C.F.R. S 570.605
For acquisition rehabilitation, or construc:tion in spec:Jial
flood hazard areu ( as detez:ained by nKA) , property aDat
have flood insurance.
lo•rqy lttici•ncy 24 C.F.R. 85.36(1)(13)
Coapliance with aandatoey energy efficiency standards and
policies in State energy conservation plan issued in
coapliance with the Energy Policy and Conservation Act (Pub.
L. 94-163). s .. also 24 C.F.R. Part 39. There is no
equivalent provision in OIIB Circular A-110.
Lead-eased Paint 24 C.F.R. S 570.608
Prohibits use of lead-based paint in residential struc:turea.
Requires notification of occupants. Provides for
inspection, testing and abataaant in specified
ci.rcwastances. ·
Albw•tgs BPA/OSBA
Where asbestos is present in property undergoing
rehabilitation, Federal ~ts apply reqard.1.nq IIOrker
exposure, aba~t pz:ocedures and di.spo•al. See llotice
CPD-90-44 for further detLO.s.
Titl• u of the Civil Rights Act Pt 19§4 24 c.F.a. s 570.&0l(a)
Compliance with P.L. 88-352. Applies to all projects.
Prohibits discriai.n&tion on grounds of race, color or
national origin. Covers both t _he delivaey of, and the
participation in, all CD8G projects. See also 24 c.r.J.
Part 1.
Pair Housing 24 C.F.R. S 570.&0l(b)
. Compliance with Th• F.sir Rousing Act. Prohibits
discrimination on the basis of race, color, religion, sex,
national origin, handicap or fUlilial status in all
activities involving the s•led cent.al or financing of housing. Publ le hw90-2S4 and E .. uou--
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Discrimination Prohibition 24 C.F.R. 5 570.602
Under provision of Section 109 of the HCp Act of 1974, as
amended, discrillli.nation is prohibited on the basis of race,
color, religion, national origin or sex. Also refers to
discrimination on the basis of handicap and age.
Discrimination on the Basis of
IMdiSAP 24 C.F.R. Part 8
Coapliance with Sec. 504 requ~U. Covers prohibited.
discrillli.nat.ion in eaployaent, benefits and prQ9r ....
Establish•• requ~nu for appl:rincJ Unifoxm Federal
Acee• ibil.ity St&ndards (UFAS) (SN 24 C.F.R. Put 40 for
UFAS) to contracts. llota that U!'AS and ·ANSI Standards·
differ in important reapecta.
As9 Di1criaioaticn 24 C.F.R. Part 146
Covers prohibited d.iscriaination by recipients and
suhrec:ipients in all aspects of assisted programs.
Discrimination in Employmant 24 C.F.R. 5 570.607(a)
For construction contracts over $10,000, prohibits
d.iscriai.nation in eaployaent by uJcing lpc;utiu Qrdv 1124§
and related provisions applicable.
IPRlADIDt, Traµdnq M4
CAotrac;tinq Oppgrtuniti•• 24 c.r~a. s s10.&07(b)
Under provisions of S.CtJ.pn l gf Pl Bggi.nq and PdMn
PuwloPMot act of 1'§1, requires opportuniti.•• far trailwlf
and employment of lOM9r-1Dccae persona and opportllAitiaa for
contractinq with local f.1.au. Appll•• to al.l contracts.
llinqrity ausio••• Ent1rpri1• 24 c.r.a. s 85.J&<•>
Covers required actions by X9Cipient and contractors to
•ecure participation of f.1.au ovud and controlled by
ainorit.ies, women and n•idents of labor •urplus anas.
Where 0KB Circular A-110 appli••, •• Attac:haant O,
Par. 3 . e . ( 3 ) .
Compiled by:
Office of Community Planning
and Development
Region VIII (Denver)
June 1991
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UR•8f1'B
PROJECT BUDGET
COUIIIN A COUJJllf 8 COUJJllf C COUIIIN D ................... ....... ,....C.fllU.. .--fllcam._.. aeor._..c..i..,, _..._ .... Mllolly~C ........ ........ ,-o.r..o,
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·---~ m ChiWIIIMl'i'i ........... ar.aa& --
....-.T CfflPPJDCP WM 18 191M I
ftia ADDDIDUII IIUDD an IIOditi• tlle Arapalloe Comity C mi ty
.,.,,_lo,aent Block Grant J4rua1nt (•llp"n nt•) J,r and Ntvun kapaboa
county c•county•> and tile c:rn • --.-.. c•SUJll)rantN•>, dated _ ~-----------~,1,,,.
WRDDS, tile A9ZS11a1nt (in Section III.B), require8 tbat if any
8alagrantee project involv.a conatrac:tion ac:tivitiea, tll9n tu con~c:1:or
Nlected J,r tile Sul:IIJnntee mat praricla and aaintaJ.n inauranca in tile
aaaanta Mt tortla tberein; and
MDCII, parmat to Section III. a.,, tlle ..._..... ... ira tbat tlle
caanty wai"N a portion of the 1naannca ~ of Section III.B of
AIIZ"• nl:; and
WDDS, tlle county agrw to tu vaiwr u noted herein.
-. 'IIIDD'CaS, rr IS AGREED -tile County and tlle Sul:IIJrantN ..
fOllOlfll:
1. flM SllblJr&ntN aball require ita Nlec:ted contractor to
~icla and -1nta1n 99Mftl liability and praperty iDaurance
in an aaount not laa tban t100,ooo J,r tlle ~ and to
~ and •intain ntoaobile liability 1naunaae and
........ i:-.i wation 1Marance ~ J,r Colorado law.
ftoof of RCb iDaurance aball lie prorided to tile~-
2. flM 811bgrantee and tlle Collllty naff in tile IIC'Ori,ai-of
llection III.P., mrnia1J adainiat:ration and lndranlfiaation
mrnia1J perfrm of tlle llp"uarnt.
3. All otber proviaiona of tlle llp"rrarnt not inaonaiatent vit:11
tlli• Addendua 11\mber one are reafflzaed.
execated tllia ----day of ----------' 1,,,.
Atteet:
arz~-----------------------------~ Titles ______________________ ~
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Attat:
Clerk to the Board
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Board of c:aunty ca-et•ioners
Arapahoe County, COlorado
Polly ... Cbainan
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar SellNIII
Maylt, 1996
The regular meeting of lhe Englewood City CouaciJ -called 10 onb by Mayor Bums at 7 :35 p .m .
2.
The ilMIC'abOII -given by Council Member Wiggi111.
3 . PWte fl Allqiuce
The Pledse of Allegiance -1ec1 by Mayor Bums.
,. a.uc.u
Present: Council Members Hathaway, Clapp, Wiggias, Vormiaag, Wagoner,
Bums
Absent: CouaciJ Member Habenichl
A quorum -praent.
Also pracnt: City Ma-., Clark
City Attomey Brotzman
Assiltaal to lhe City Manqer Grace
City Clerk Ellis
Director Eltcrly, Pllblic Wens
Dueaor Olyglcwicz, Fiaucial Savicea
Ncigbborliaad 0-wmily ~ Graham
5 .......
(a) COUNCIL IIOMaD WIGGINS MOVED, AND IT WAS SECONDED, TO
APPllOVE 1111: MINUTl:S 0, 1111: UCUIAa IIU11NG Of MAY 6, 1"6.
Molioa c:anicd.
Ayes : Council Members Hadlaway, Vonaiaag, Wigias, Wauoaer. Clapp,
Bums
Nays: Nolle
Ablena : Council Member Habenichl
(a) Mayor Burm, on bebalf of die Clean. 0.... and l'loud Commiaioa, 1-cnd Ww
Maaag,:rnca1 of Colorado far ill lpOllllll'lbip and 1111i11aie widl die 1995 Good Ncipbar Days. He llid
tbal Walle Ma.....,._. llas lpDWnld Md a&nd 1111i11aie widl Good Ncipbar Days 1iacc 1993 .
Their 1995 dOllalioa of lrippiaa m IOlaliJta S 10,000, alloMd Ellglewood .___ 10 dilpOIC of
am•ndated lnllh free of charte.
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itri -'· f!s~f (•l!l'1'ilrf J ~5_,li. 1rll ,r,IJ i,1r11 ~ 1-,,~~ ~J~lf ;1•;1 iJ:,1,11J1i!~ 11~~1~ i ~il(, J l f I. ~r r lff ·trfl 1·f1 •~ !Jijl[ f ~~rf ~ ij., · 1i'il di~r 'i~.i h!!U !•lfJt I :tU
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E•&lewood City Council
May 20, 1996
Pacel
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Mayor Bums presented Miles Kubly with the cenificate, which he read in full . He olfeml Council 's
appreciation and thanked Mr. Kubler for his work.
Clean, Green and Proud Commission Chainll8R Ann Nabholz thanked Mr. Slout because she said he
keeps ew:ryone in line at the paint drop-off point. She said thal in fact he penonally makes them jump
into the dwnp&lers if they throw in the wrong cans.
Mayor Bums presented Mark Stout with the certifialte, which he read in full . He offmd Council's
appn,cialion and thanks to Mr. Stout.
(d) See Agenda Item 6 (b).
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Mayor Burm a,mmenled thal Council rally apprcciales the efforts on behalf of the recycling process in
Engle'IIWood . He said he hopes the effort COD&inues and thal he has a couple of paint cans he would like to
Fl rid of.
(a) Gary Kozacek , 1260 Wat Oxford, said be is rqlffSCDting the Englewood Youth
Football Association (EYFA), which is a ~th orpni7Jltion thal Reclalion dropped last year. He
advised thal a new non-profit organization has been formed and he is the acting commissioner of that
board. He explained to Council thal the Colorado Wildclls are doing a benefit game to benefit the EYF A
on Saturday. Due to the league requirements, an EMT 1111111 be prescnc during the game and Mr. Kozacek
asked if the City coold have their paramedicl praent during the pme. He said if they have to go out on
call they go out on call, just as they do during high school games . He advised that they will have a trainer
on the sidelines as well. Mr . Kozacek noted that Englewood Public Schools donated the field, the rdenlCS
have donated their time and the only expense left is having an EMT preaeat during the pme. He asked
the Council if they CXlUld see fit to have a paramedic aquad IIYlillble, • they are already on duly, during
the CYClling hours from 7:00 p.m. to approximltdy 9 :00 p.m. OD Sllunllly evening.
(b) Tonda Gatewood. 10 IS Wat Sluronl Place, ll.lled lhal she is a licenled claycare
provider in the R-1 -A 1.0IIC clilarict ud 1h11 she is DOI allowed to have a home CICCllpllion in 1h11 clillrict.
She aaeed she is a single mother of dUlle ~ ... 14, 7 11111 l . Ms. Galcwood adviaed dial this is
bow Ille malia her living. She said Ille 111d a dilPI* willl llcr aeipl,or wllo does aot like cllikna ud
the neigllbor called the police OD lier dli1-a tine Ii-. ... ,a,. SIie cxplaiaed dial dlis llappcallll OD
May 1,• wheD the IICigllbor tllmv and -lier felloc. tllcy .. illlo a clilpule. TIie aeipl,or called Ille
City and -. Ille aid. Ille Cily is "Yiltl to clme lier clDMt • of May 11•. Ms. Galewood ltlled 11111 s1ic
owns lier..._, her..,_. have lldped lier aad 1h11 lier Dad 1iOlbd for Ille Englewood FiR ~
for 22 years . She said Ille ~ rally like to keep her lioealc as this is bow she makes a livillg to
support her kids and home. Ms . Galcwood lllbmilled 1cttcn, ror the iecon1, r... her ~ fadiers 11111
neigllbors. She comlllCllled tllat Ille -.Id rally appncialc it if Council -.Id ftllld Ille 1cacr1 111d
c:oasidcr her request .
8. C....akatiw, Pred-...... lllNI Af•••tmeatt
(a) COUNCIL MEMBER HATIIAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH RIEGRIET JEAN M. CHIUSTMAN'S LE'JTER or USIGNATION PROM TIU
BOARD or ADJUSTMENT AND APPLUS.
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EaskwlllNI City C•acil
May 20, "" ....
Ayes :
Nays :
Absent :
Motion carried.
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Council Members Hathaway, Vormittag, Wiggins, Waggoner, Clapp,
Bums
None
Council Member Habenicht
Council Member Hathaway urged that Council look at making sure they include this with the June 24•
interviews. She pointed out that the Boant of~ and Appeals has a bud time operating even
short one member. Mayor Bums commental thal they need a pretty ll)Od voting lilrength on that board to
act.
9. Plllllic Barill&
No public llearillg -scbeduled before Coullcil .
10. C.....Aaeau
Council Member Hadulway llalcd lhll she will abstain from votillg on A,cada Item IO (a) (i) reprding
the COIICl'dc Jleplacrmeat Dillrict No. 1995 because she is in die ditlric:t.
COUNCB. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS II (a) (I) ON rutST READING.
(a) Appnwe on Finl Reading
(i) COUNCIL Bill. NO . 29 , INTRODUCED BY COUNCIL MEMBER
WIGGINS
A Bill. FOR AN ORDINANCE APPROVINO 11IE WHOLE COST OF 11IE IMPROVEMENTS MADE
W11111N CONCRETE REPLACEMEKT D1S11UCT NO. 1995 IN 11IE CITY OF ENGLEWOOD,
COLORADO; APPROVING AND CONl'1RMINO 11IE APPORTIONMENT OF 11IE COST TO EAOf
LOT OR TRACT OF LAND IN SAID DISTIUCT; ASSESSING A SHARE OF 11IE COST AGAINST
EAOf LOT OR TRACT OF LAND; AND PRESCRIBING 11IE MANNER FOR 11IE COLLECTION
AND PAYMENT OF 11IE ASSESSMENTS .
Ayes :
Nays :
Allllaia :
Ableal :
Motion carried.
Couacil Meaben Vormitlag, Wigjas. W...-r. Clapp. e.r. .._
Couacil Malller Hadlnay
Couacil Malller Habalal
Council Member Hadulway con : d ..., lllc lllppcM co own pn,perty included in the dil3ric:t and '°
therefore is mighc be pcnieMd • a ooaflic:C of incaaC.
In rcspODK CO Council Member Waggoner, Ciey A::oncy Brounwl adYiled thal Council Bill No. 29 aru
the public bearing b July I, 1996.
COUNCB. M&MBU WIGGINS MOVED, AND IT WAS RCONDl:D, TO APPROVE
CONSENT AGINDA ITEMS II (II) (I), 00, (Ill) aM(IY) ON SECOND HADING.
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Eapwaod City Couac:il
May 20, 1996
Pqe!I
(b) Approve on Second Reading
(i) ORDINANCE NO . 19, SERIES OF 1996 (COUNCIL BILL NO . 21 ,
INTRODUCED BY COUNCIL MEMBER WIGGINS)
AN ORDINANCE AMENDING 1111.E 3, CHAPTER IN, SECTION 9, OF 11iE ENGLEWOOD
MUNICIPAL CODE 198S CONCERNING DISCIPLINARY APPEALS .
(ii) ORDINANCE NO. 20, SERIES OF 1996 (COUNCIL BILL NO . 24,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE Al1IHORIZING AN Dn1!ROO\IERNMEHl'AL AOREEMENT BE1WEEN 11iE
UNITED STATES DEPARTMENT OF 11IE INl1!IUClll GEOLOGICAL SURVEY AND 11IE CITY OF
ENOLEWOOD. COLORADO EN1111.ED "DEPARTMENT OF 11tE IN1ERIOR GEOLOGICAL
SURVEY JOINT FUNDING AOREEMENT FOR WA'JBl RESOURCES INVES11GATIONS ."
(iii) ORDINANCE NO. 21, SERIES OF 1996 (COUNCIL BILL NO. 2S ,
INTRODUCED BY COUNCIL MEMBER WAOOONER)
AN ORDINANCE PROHIBITING 11IE POSSESSION OF TOBACCO PRODUCTS BY MINORS IN
11iE CITY OF ENGLEWOOD , COLORADO BY AMENDING 1111.E 7, CHAPTER 6E, OF 111E
ENGLEWOOD MUNICIPAL CODE WITH 11IE ADDITION OF A NEW SECTION I, EN1111.ED
ILLEGAL POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE
PERSON.
(iv) ORDINANCE NO. 22, SERIES OF 1996 (COUNCIL BILL NO. 27 ,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AlTl1fOIUZING AN OOD.OOVERNMENTAL AOREEMENT BETWEEN 11iE
CITY OF 11IORNl'ON, COLORADO AND 11IE CITY OF ENGLEWOOD, COLORADO FOR AN
EXOIANOE OF 11IE CITY OF ENGLEWOOD'S ROTOMILLING Sl!llVICES 1011IE CITY OF
lllORNl'ON IN RETIJRN FOR SAND/SALT. HOT MIXED ASPHALT. OR CRUSHED AGGREGATE
MA'JBllALS.
Aya:
Nays :
Ableal :
Motion carried.
ec-:il Meallcll Hadiawly. Vonailllg. Wigias. W....-r, Clapp, ...
No.
Couacil Member Hlbelliclll
11 . o..._,a,,,1 ..... ~
(a) A..,_-e oa Finl Reading
(i) Dindor Elfcrly pmalled I RICD ft'ioe ha die~ of PaJb
and Recrealioa to appnwc. by llllllioa, a COllllnlc:lioa ClllllnCt ia die__. olS42,9UOO 10 U.S .
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CClllbaCIOil for °'*"11ial l..allc 66" Slonn -OIJdilll P t t 'liWioe Pn,jDcl. He aid dley 1R .,. I.
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f fl f : I J i p I i f t~•1 -r ;o, • r ~ -, ~111f ~ n !I I f!ti•t ~ ~1-, h I I IJ·ti I ! U ~ flf P · ! ;1c1B ,1 ~! ! I 1l·l Ii;; 1J •IJ f •~! 11 I! i 111
11 f i 11 f!111:lil f Ill I
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EqiewON City C•ac:il
May 20, 1"6
Pqe7
ENACTING A NEW Tl11..E 16, CHAPTER 4, SECTION 15, ENTI1l.ED PLANNED UNIT
DEVELOPMENT WNE DISTRJCT.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ill) -COUNCIL BILL NO. 19 REINTRODUCED WITH TBE PROPOSED
AMENDMENTS ON FIRST READING.
Motion carried.
Ayes : Council Members HadlaMy, V«mittag, Wiggins, Waggoner, Clapp,
Bums
Nays : None
Absent : Council Member Habcnichl
(b) ApproYC Oil Second Reading
(i) ORDINANCE NO. 23. SERIES OF 1996 (COUNCIL BILL NO. 26 ,
INTRODUCED BY COUNCIL MEMBER HABENICHT)
AN ORDINANCE APPROVING AND AU'J1fORIZING 11fE EXECU'llON OF
INTERGOVERNMENTAL SlJBGllAtirraE AGREEMENTS fOR 11fE 1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING RESOLtmON
f1.JNDING BETWEEN TifE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND TifE CITY
OF ENGLEWOOD .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING AGENDA ITEM NO. 11 (II) (i) -COUNCIL BILL NO. 26 REGARDING
THE 1"6 ARAPAHOE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Mayor Bums llalcd that he will abslain from \'Oling oa this isalC because of bis position of Chairman of
the Housing Authority, u this is ~ much intcgnlled in die Housing Alllborities plan.
Ayes :
Nays :
Abstain :
Absent :
Motion carried.
12 . Geaenl .,__..
(a) Mayor's Choice
Council Members Halbawly, V«mittag, Wiggins, Waggoner. Clapp
None
Ma,-Bums
Council Member Habcnichl
I . Mayor Bums said be walllal to recopize thal since Council llad dlCir ... n:gular mecliDg we
have llad die siping of die lilll funding put ..,.... for die cxlClllioa of die llllllhwell rail line
through die llllllhwell Clllfridor. He said !hey 111111 die picalR of lltlllding tllll with I member of die
Presidenl's cabinet -Seamry ofTl'lllllpOltalio Foderico Pde who came to DaMr for that ceranoay.
Mr. Peftl reminded cwryoac thal dais is coalnlcl to lluiJd die liDC in inaemeals, thal die fllndiag 1111 to
come from Congras each year during CIOllllnlclioa ud tllll we mwe to be diliFIII, prasing die Congras
for die COlllinuod funding. Ma,-Bums said !hey plan to do thal. He commenred that be w hoping
they wouldn't have to tmd to Wasllillgtoa ewry ,-r. but he said he would pell thal die tmd is not -·
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Easkwood City Council
May 20, 1996
Pace I
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2 . Mayor Bums Slated that he had the pleasure of inslalling Austin Gomes as Citi7.en of the Year on
May 13 ....
3 . Mayor Bums noted that the City had the first public forum for Cinderella City last week and the
next one is Wednesday night Ill Englewood High School . He said they again encourage citizens to come .
He commented that he thought the citizens participated very well in the first one and he thought they
actually enjoyed it. Mayor Bums Sl8lcd that they look forward to the next meeting on Wednesday.
4. Mayor Bums advised that he received a aill at home this weekend, while he was out of town,
from the llq>-brother of Mike Sjaanlema He staled that Mr. Sjaardema was the firefighter who
unfortunately loll bis life in an accident at home . Mayor Bums said that he basn 't talked to the Slep-
blOther yet, that he plans to call him. Howewr, he advised, the step«oCher wanted to Id Council know
bow much the family appreciated CMrything the City had done for the family in recognition of this
trqcdy and thal the City had clone a first class job ofwoitung with the family .
(b) Council Member's Choice
(i) Council Member Vormiuag asked if City Manager Clark would take care of
Gary Kmaa:k's RqUeSt regarding paramedics. Mr. Clark said he will take care ofit at staff meeting in
the morning.
(ii) Council Member Wiggins:
I . He diRdcd a a,mment to Public Worts Director Escerly . He commented that he noticed in the
City ofUttleloa at the intersection ofU. S. Highway 85, commonly known as South Santa Fe, and Church
Avenue, on Sunday ~g. their lights are on four-way flash. He said this is just for infonnation, that
this is a major artery in the City, but they put it on four-way flash on Sunday night.
2 . He said he understands there have been -requests to the City Manager for~ notes of
CXlllllcil mcelings, where the City Clerk is taking notes and she does write them up and submit them to us,
and )'Ct the City Manager is getting l'ClqllCsb for ~m notes. He adviscd that he feds, after talking to
the City Attorney, that the City prooccd in the ame manner as they do when they make a RqUeSt to the
a>lll1 or the City Attorney for vedJatim notes, thal they be given the offer of being supplied a tape. He
llalcd thal this is much lais expensive. He said thal the time inwlwd IXllt wise and for Slaff time, he
feds. is getting out of hand. He CXIIIIIIIClllcd thal he still does not understand the purpolC for the ~m
notes. Council Member Wiggins aid thal he would n,cx,mNlld, if die ra1 of Council .....-, thal if
IOIIICbody willies to have ~ notes of a c:iouacil meelilla dial they be allowed to Fl a tape. Thea, he
said, if they want to seek IOIIICbody to make up a typewriuea form thal '1 fille. He pointed out thal in lepl
llllltCrl in QOUl1 the clcfendant is allowed to have notes. bul hc has to pay for that expense . Mr. WiggiM
llalcd 1h11 hc feds this is an undue expense apillll the City. He said he does not know how the ra1 of
Council feds. He asked if anybody else had any CID9IPICIIII OIi that.
Mayor Bums commented that at the first forum the Mayor Pro Tcm pit up and disagreed with the
developer speaking. He noted that she rad a verllalim tranlcript of the motion to not prepare our lill ol
tenants on the developer's contract until after the public IIICldinp. Mr . Bums said that hc talked to her
aftenwards and she 8CCUlcd him ol not following the rules and said that the Council had decided 1h11 the
developer would not apelk at these meelinp lllld that it violaled the rules that they -there and it -
bis fault. Mayor Bums said that QOIIIPlddy mrprilcd him as he does not ranember the City Council
decidiDg that the~ -not .... to .... these meetinp. He said thal. in facl. Ille ........ it
was the opposite. That the whole idea olllaving the pablic meetinp. lllld die OMS they told the pablic
they would hfte, ii ID the developer could explaia !Iii CC-.111111 the public could 1.:1 to it. Mr. Bwlll
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En&kwood City Council
May 20, 1996
Pa~9
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said that when he asked Clarion and Associates they said they wanted the developer there to explain their
COIKqll SO the public could respond to it. He said that he thinks that as the mcmben of the public worked
on site plans and so forth. that the rest of that sort of disappeared from their mind and they jusl got to
wort on what they wheR doing. He stated he does not think that it really made much difl'erenc:e. He
commented that perhaps he should have mentioned this at lludy ICllion, but he did not remember or if
any Council Member l'CIIIClllbeB, that Council made a rule that the developer would not speak. He said
he thought that at the meeting they had with Clarion that the Mayor Pro Tem was unable to be there.
Council Member Wiggins advised that the meeting was taped and she was giw:n a copy of the tape. He
said that Council Member Hathaway had apccifically med that the meeting be taped. He said if it is on
the tape, it is on the tape, but that he does not recall it either.
Council Member Hathaway said that she definitely remembers ClOIIIIUy to that. She staled that they
established that Skip definitely DCICdcd to be lheR, tbal he definitely DCICdcd IO speak because lllOIII of the
residents had never seen him in aa-. Mayor Bums said thal -right.
Council Member Clapp said she thought they had agreed on jusl keeping it shon. and that was the only
limitatioa they pul OIi it. Becauae. she staled, it WIS really going to be lugdy for the CIOIIUllllllity, not for
the developer, and they wanted 10 make sure that he -not taking IOo much of the time.
Mayor Burns said that -right and indeed he understood that it did go on for awhile with the developer
and so forth . He noted that he undenlands that Clarion radily agreed that C\'ellUlg that all of that should
be sholtencd up CXJDsidenbly with the next meeting in order IO gd to the cili:r.en panicipalion quicker.
Council Member Hathaway said that she also thought the consultants will shorten their presentations,
because of the fact that it -their first one out vi the hopper. their first time dealing with our group of
people.
Mayor Burns agreed. saying that it was a real tcsl nm. and he thought they all found out thal it got a little
long before they got to the citizens. So, he said. he anticipates that it will be shortened up alllliclenbly.
Council Member Wagoaer med what -on the tape? Council Member Hal--, said she did not
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Council Member Wiggins said that we are llill back to the ~ on the \'ffllllims .
Mayor Bums llllled tbal Ille did 11111 "-· that he hailllel IO alk City Council melllllen to pay for their
OWII. tbal it ... pmly expemiw to pay for IIUICripts. He said that Ille jull lhillb they sboulcl be
judiciously UICIII and lac did 1K11 ~ the whole purpoR vi baYiDa wrllalim lnllaipU either.
Council Member Hadlaway aslled if a 1De111bcr vi Ille pwlic ieque111 a wrllalim copy of City Council
meeting mi11111a, if they llllwe to pay for ii? City Anor.y BnlUman said yes. ulllell a wrbatim has
already been done. we would chqe copying CXIIII but not the lime IO do that. OtherwilC, he staled, they
would haw IO pay for the __.im.
Council Member Wiggins said all right thea. they will jull haw 10 lift with ii if thal is the way you want
to be. Bui he opined that it is getting out of llud and that he thinks the City Clerk takes-, copious
notes. Council Member Halhaway c:ommenled that she is niquired IO do it off the tape anyway.
3. He said that back to the \'CIY ~ of TUClday nipr '1 moeling whicb they all llllellded, he wanted
to tell Council that he -humiliated by the way that our Mayor Pro-Tem Alex Habeaichl acted thal
night. Council Member Wigins noted that Council had kind of agreed that they would not lpellk. He
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May 20, 1996
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said that when he asked Clarion and Associates they said they wanted the developer there to explain their
concept so the public could respond to it. He said that he thinks that as the members of the public worked
on site plans and so forth, that the rest of that sort of disappeared from their mind and they just got to
wort on what they where doing. He stated he does not think that it really made much difference. He
commented that perhaps he should have mentioned this at study ICllion, but he did not remember or if
any Council Member remembers, that Council made a rule that the developer would not speak. He said
he thought that at the meeting they had with Clarion that the Mayor Pro Tem was unable to be there.
Council Member Wiggins advised that the meeting was taped and she was given a copy of the tape. He
said that Council Member Hathaway had specifically asked that the meeting be taped. He said if it is on
the tape, it is on the tape, but that he does not n,call it either.
Council Member Hathaway said that she definitely remembers contrary to that. She staled that they
esaablished that Skip definitely needed to be there, that he definitely needed to speak because most of the
residents had never seen him in person. Mayor Bums said that was right.
Council Member Clapp said she thought they had agr= on just keeping it short, and that was the only
limitation they put on it. Because, she stated, it was really going to be largely for the community, not for
the developer, and they wanted to make sure that he was not taking too much of the time.
Mayor Bums said that was right and indeed he undentood that it did g.i on for awhile with the developer
and IO forth . He noccd that he under-..nds that Clarion radily agreed thal ~ng that all of that should
be shortened up a,nsiderably with the next meeting in order to get to the citil.CII participllion quicker.
Council Member Hathaway said that she also thought the consultants will shorten their preaentations,
because of the fact that it was their first one OUI of the hopper. their lira time dealing with our group of
people.
Mayor Bums agreed, saying that it was a ral test run. and he tboughl they all found OUI that it got a little
long before they got to the citil.Clll. So, he said. he alllicipllel that it will be shortened up <lOlllidenbly.
Council Member Wagoner asked wllal was OIi the 11pe? Couacil Member Hathaway said she did not
know .
Council Member Wiggins said that we AR llill blck IO the imlC on the verbatims.
Mayor Bums llaled tllal lie did aot "-· ... lie...._. IO all City Council .-nbers to pay for their
own. that it gets preay expellliYe IO pay for "-"I*, He said tllll he just thinks they should be
judiciously med and he did not "-the wllole purpoae of llavill& verllatim transcripts either.
Council Member Halhaway asked if a member of tlle ~ RlqllellS a YCltlllim copy of City Council
meeting minutes, if they have to pay for it? City Anonley 8nJlzman said yes, unless a verllatim has
already been done. we would charge copying ClOIIS but not the time to do that. Otherwise. he stated, they
would have to pay for the verbatim .
Council Member Wiggins said all right then. they will jUII have to live with it if that is the way you want
to be. But he opined that it is getting out of hand and that he thinks the City Clerk takes very copious
notes . Council Member Hathaway COIIIIIIClltcd that she is n:,quired to do it oft' the tape anyway .
3. He said that back to the very iaue ofTUClday nisbl'• meeting which they all llllellded, lie MIiied
to tell Council that he was humiliated by the way thal our Mayor Pro-Tem Alex Habenicht acted thal
night. Council Member Wiggins noccd that Council had kind of agreed that they would not lpCllk . He
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May 20, 1996
Pace 10
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said the Mayor covered it very well , that this had not bcco approved, it was only a letter of intent. yet she
got up there and read verbatim the whole thing. He Slaled that he fdt IO humilialed for C-ouncil and for
the City of Englewood the way she acted. Mr. Wiggins said that she had no courtesy al all to the people
who were trying to run the thing, Clarion. Then, he noted, after that she got up and paced the whole floor
back and forth like a cat stalking a prey and had no courtesy. He pointed out that if she -trying to
speak and he or any other pcr1c>n was walking around, distracting the people who were there, well that it
was a,mplctely out of hand and he said he was really CIIIIJanasml. Mr. Wiggins Slaled that he wanted to
censure her on record because he is very disgusted with that kind of action and he said he thinks she
knows it. He said he is just sick and tired of the way she acts al thcsc medings. He CX1111JDC11ted that he
still docs not undersland what she is trying to get al.
Mayor Burns CXIIIIIDCllted that it -a swprilc but that it happened. He said he -hopeful that they can
pnx:,ced at the next meetings without that IOrl of thing.
(iii) C-ouncil Member Waggoner stated that he thinks there needs to be more input
from the public, al the public forums, about tenant mix . He said he thinks one of the things that swted
the forums anyway was to try to find out what the people want as far as stores to shop in or actually what
they want in Cinderella City .
C-ouncil Member Hathaway noted that some of them did provide some of that. Council Member
Waggoner seated that some of them kind of pushed it off to the side and did more of the general layout
with the 2000 square foot stores. Ms. Hathaway agreed that some hedged around it. Mr . Waggoner said
he just thinks there needs to be more request for specific tenant mix .
Mayor Burns said that he tends to go along with that. that he would like to know more about what they
really want. what they would like to have as far as if they want a large merchandiser, who it might be.
Council Member Hathaway said it is her undcnlanding from Bob Simp1c>n and the discussion afterward is
dull the fil'II six thal were done at this last forum arc going to be put up al the next forum . She said that
might help, ralhcr than having the six that Clarion provided. 8ecaulc, she advilcd, that IDOll of the
people she tallled to after the meeting looked al the six that Clarion provided and said that none of lhclc
wort llcre really. She said she thinks that is why they got more llblolllcd inpuUillg in the public
aaaitics. die tna and lbdl'. beawllc they were looking at all of the other oaa dull Clarion provided.
She said she is hoping Wednesday's meeting will be a little bit ditrcrcnt. becaU11c they will have more
homclown Englewood ideas • oppmcd to ICJ!lldbing dull may have CIOIIIC from the cast Clllall-She seated
dull -Ille .... complainl she 1-nl -dull tllcy did DOI -uydliag from thc cast «-11. Mayor
Burns said lie tlwlb dull is a pod CXIIIIIIIClll.
City Manqcr Clark did not have any llllll1al to bring before C-ouncil .
14 . Cily Attaney'1-.,.
City Attorney Brotzman RlCOIIIIIICndcd that C-ouncil 10 into Executive Sasioa to dillCUSS a pclQlllcl
mane, which is the City Attorney's evaluation.
COUNCIL Mll:MaER HATHAWAY MOVll:D, AND IT WAS Sll:CONDll:D, fOR COUNCIL TO
GO INTO EXll:CUTIVE Sll:SSION IMMll:DIATll:LY FOLLOWING TRI: COUNCIL MEETING
TO DISCUU CITY A TI'ORNll:Y aROTZMAN'S EVALUATION.
Ayes : Council Malllen Hadllrny. Vorainag. WigiM. w...,_., Clapp,
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&apwoo.a City Couacll
May 20, 1"6
Pqell
Nays :
Absent :
Motion carried.
IS . AdjN...-t
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Burns
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Council Member Habenicht
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COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN. The meeting alljoumed at 8:12 p.m .
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JUNE 3, 1996
REGULAR CITY COUNCIL MEETING
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