HomeMy WebLinkAbout1987-10-19 (Regular) Meeting AgendaREGULAR CITY COUNCIL MEETING
OCTOBER 19 . 1987
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1. Call to order.
2. Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
OCTOBER 19, 1987
7:30 P.M.
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3. Pled9e of all~iance.
4 . Roll call.
5. Kinute..
of October 5, 1917.
(Plea .. liait your pr•••ntation to
t. c uni ion
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City Council AgendaQI"" 1,0 j ~ J J /~
October 19, ~987 ',.(t tf" I fJ J) 6Y Page 2 _ ,. .JJ-((1 J 1 CJ 1 " ~ ~/~~ ~, ~ ~~ qt; rJIY ~ iJ-1 oJf pr
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9. Consent Agenda.
(a) Minutes of the Englewood Housing Authority aeetings of
July 29, August 26 and septeaber 4, 1987.
(b) Minutes of the Urban Renewal Authority aeeting of Sep-
teaber 2, 1987.
(c) Minutes of the Liquor Licensing Authority aeeting of
Septeaber 16, 1987.
(d) Minutes of the Planning and Zoning coaaission aeeting of
Septeaber 22, 1987.
~ Ordinance relating to the operation of a cable televe-
sion systea within the City of Englewood and declaring
an eaerge;g/P ;'
(f) Ordinanc.raaending Title 7 of the Englewood Municipa~~~
. Code, relating to dOCJS and cats • ~ 1-' #k'r~ #'!..Jt;...,
.• ~~rdinance approving a l/2 cent sales tax increas~ eflfcr~=) •.. J.,
"' tive Deceaber l, 1917. ./ v~
(h) Ordinan~;4roving an agr...-nt with the Colorado
Health Departaent for an air aonitoring station at
CUsh i ng Parkl
(i) Ordinan c~c~rt i fying the aill levy.
11. Ordina nces , Resolut ions an4 Mot i ons .
( )
(b ) ,,
(e)
on o opt a Bill tor a n Ordtnane
r rvlc lya . ~Ab
rtaent of C
t or a n Ord i nanc e v a c
a Oown tovn a va lo
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City Council A9enda
October 19, 1987
Pa9e 3
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t lr',;;~)j .. .,_.....tion troa tho _.,,_nt of pUblic worU to ~~l v adopt a Resolution approvin9 the appropriation of funds
in the ..aunt of $15,000 for installation of an all-red
pedestrian pbaae aiqnal at zaat Da~th and South
DovniftCJ. //~ ~~'*'~
12. City Kana9er•• Report.
13. city Attorney•• Report.
14. General Discussion.
(a) llayor• • Choice. .~ I
(b) council ...-,.r•• Choice. ~ ... ~~
~~JI ~ (i) / ~tion to adopt a Resolution in support of
I the •aatter Air• CU~P&iqn .
.C " " J;ln) J,~j,f'~ 15 • Adj ourftiMJ't.
AK/ab
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1. tall to Order
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EIR£WOOD CITY CCUICIL
Ellll.£WOOD, AIAPMI»£ CCUITY, cot.OUDO
letular Session
OctoMr lt, 1117
The regular ... ting of the Englewood City Council was called to order by Mayor
Otis at 7:33 p.•.
2. Invocation
The invocation was given by Council Mellber Vobejda.
3. Pleqe of Allettance
The Pledge of Allegiance wa s led by Mayor Otis.
4. IDll tall
Preset~t: Council .....,_rs Htgday, Van Dyke. Vobejda, Koucek,
Btlo, Bradshaw, Otts
A QUOru. was present.
Also preset~t :
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City Mlftager McCC*II
Ctty Attorney DeWitt
Assistant City Man r Vargas
City Clert Crow
D, TO
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Englewood City Council Minutes
October 19, 1987 -Page 2
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(a) The Ca.aissioners of the Career Service Board, Jo Ellen Turner, Tom
F;tzpatrick, Kathy Poknki, Janet Kerzic, and Chairman Harry Fleenor, ad-
dressed Council relative to Agenda IteM 11(1) -A Bill for An Ordinance relat-
ing to the Career Service SysteM. They expressed their opposition to the pas-
sage of the Bill which would, in essence, nulify the Board's right to modify
discipline i~osed by the City Ad.inistration. Stan Damas, Legal Counsel to
the Board, stated his support of the position expressed by the Commissioners .
He also pointed out 1 technical defect in the proposed ordinance, stating the
ordinance was not consistent with Charter require~~ents as to the number of
days in which the Board could su~it its objections.
7 . lon-schecluled Visitors
(a) Howard McGregor, Greater Englewood ChUiber of Co..erce, thanked
Council Metlber Van Dyke for her participation at the Candidate ForUIII on Oc -
tober 13, 1987.
Mr. McGregor reiterated his state~~ent ude at the previous Council meet -
ing relative to budget cuts and the Challber's opposition to the sales tax
increase.
(b) Michael Wolfe , Ca..ander of the Englewood Police Reserves, stated
there appeared to be a nullber of inconsistencies in the 1110unts reported to
Council by the a~inistration froa the actual costs required to .. intain the
Reserve Depart.nt. He provided Council with nUIIber of hours worked by the
Reserve in 1116, as wll as related costs. He encouraged Council to retain
the Reserve Officers in their current capacity.
(c) Gary Kassen, President of Englewood Pol ce Benefit Associa on,
spoke concerning the proposed IOdifications to the Career Service Syst . Mr .
Kassen stated oppositions to the IOdtftcations on his behalf as well as th 55
pollee officers he represents.
(d) Villi .. Nicholls, 3455 South Corona, stated he was an honorary
ber of t Reserve Officers. He c nted there was no way the City can sav
80ney by eli•lnatlng t res rve officers . They have been doing a serv c for
th City and would ltk to con In
8.
(g)
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Englewood City Council Minutes
October 19, 1987 -Page 3
Mayor Otis requested that Consent Agenda Item 9(e) be withdrawn from the Con-
sent Agenda.
COUNCIL MEJIBER BRADSHAW NOVm, COliiCIL MEMBER BILO SECONDm, TO APPROVE CON-
SENT AGENDA ITEMS 9 (a), (b), (c), (d), (f), (h), AND (i).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Minutes of the Englewood Housing Authority meetings of July 19,
August 26 and September 4, 1987.
Minutes of the Urban Renewa 1 Authority meeting of September 2,
1987.
Minutes of the Liquor Licensing Authority meeting of September 16,
1987.
Minutes of the Planning and Zoning Ca..ission meeting of September
22, 1987.
Withdrawn .
Ordinance No . 56, Series of 1987, amending Title 7 of the Englewood
Municipal Code, relating to dogs and cats.
Withdrawn .
Ordinance No. 57, Series of 1987, approving an agreement with the
Colorado Health Department for an air .onitoring station at Cushing
Park.
Ordinance No. 58, Series of 1987, certifying the •ill levy .
Ayes:
Nays :
Abstain:
Absent:
Council Mellbers Higday, Van Dyke, Vobejda, Kozacek,
Silo, Bradshaw, Otis
None
None
None
Motion carried .
The following action wa s taken on withdrawn lteas :
(e) COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL ME ER BRADSHAW , TITLED :
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Englewood City Council Minutes
October 19, 1987 -Page 4
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FROM THE INHABITANTS OF THE CITY OF ENGLEWOOD; AND FIXING THE TERMS AND
CONDITIONS THEREOF; AND PROVIDING FOR THE CALLING AND HOLDING OF A
GENERAL ELECTION UPON SAID QUESTION, THE TERMINATION OF THE RESULT THERE -
OF, AND FOR THE EXECUTION AND DELIVERY OF SAID FRANCHISE ACCORDING TO ITS
PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELECTORS AT
SUCH ELECTION SHALL HAVE BEEN DETERMINED TO HAVE BEEN AFFIRMATIVE FOR THE
GRANT OF SAID FRANCHISE, AND DECLARING AN EMERGENCY.
Asssistant City Manager Vargas explained the necessity of removing the United
Cable TV franchise question frOM the ballot of the general •unicipal election ,
stating the franchise question will be scheduled for 1 special •unicipal elec -
tion as required by Charter. He reco..ended that Counc i 1 Bi 11 No. 62 be
tabled and at 1 later ti11e Council could deter~~ine the date of said special
election. It was confirlled that the related expenses of 1 special elect ion
would be borne by United Cable TV .
COlJICIL ...0 IUDSIWI IIDYm, COlJICIL ...0 VM DYKE SECCII)£1), TO TABLE THE
MnEI llm£FUIITELY.
Ayes:
Nay s:
Abstain :
Abnnt :
Motion carried.
Council Metlbers Higday,
Btlo, Bradshaw, Otis
None
None
None
Van Dyke , Vobe j da , Koucek ,
(g) COUNCIL BILL NO . 63 -INTRODUCED BY COUNCIL MEMBER VAN DYKE,
TITLED:
A BILL FOR AN ORDINANCE AMENOUIG TITLE 4, CHAPTER 4 , SECTIONS 4 5,
ENGLEWOOD UICIPAL COO£ 1915, REFLECTING AN INCREASE Of SAlES USE
TAX IN THE CITY Of ENGLEWOOD BY ONE -HALF CENT OM EACH DOLLAR FOR A TOTAL
CITY SALES TAX Of 3.501 OM EACH DOlLAR .
COUIICIL VM DYKE M¥0, COUIICIL ._. IUDSHMf ~.
COUIICIL IIU •· ll . 0 scusston ensued. Council r ozac
oppost on to the 8111, st ating there are other way s to balance lh
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Englewood City Council Minutes
October 19, 1987 -Page 5
Abstain: None
Absent: None
Motion carried.
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After state.ents by Council Metlbers relating to their position on the sales
tax increase, the vote results on the Council Bill as a.ended were:
Ayes: Council Metlbers Higday, Van Dyke, Bilo, Bradshaw, Otis
Nays: Council Metlbers Vobejda, Kozacek
Abstain: None
Absent: None
Motion carried. It was clarified that the Bill as a.ended would be con -
sidered again on Nove.ber Z, 1987.
COUNCIL MEMBER HIGDAY ASKED TO BE EXCUSED FROM THE MEETING AT 9 :06 P.M.
10. Public Htartnt
No public hearing was scheduled.
11 . 01'41 nances, leso 1 ut 1 ons and llot 1 ons
(a) "-Yor Otis, stating he did not agree that the City Charter gave the
Career Serv ce Board the r ight to .edify discipline, chose to sponsor Council
Bill No. 67 .
COUNC IL BILL • 67, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE :
A BILl fOR AN ORDIIAICE ~lNG TITLE 3, ENGLEWOOD MUNI CIPAL CODE 1985,
RELATING TO THE CAR£ER SERVICE SYSTEM.
MYoa OTIS IMO, CGUIICIL .,_. IILO ~. PASSME Of CGUIICIL IJLL NO.
17, SOilS Of lM7. Council .....,_rs Kouc k, Bradshaw, and Vobe jda stated
their oppos1l on to l Bill .
A1fs : Council rs Van Oyk , Bilo, Otis
s : Council rs Vobejda , once Bradshaw
Absll n :
t : Council r H gday
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Engle.ood Ci ty Council Minutes
October 19, 1987 -Page I
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COUNCIL MOllER KOZACEK IIOYm, COUNCIL ..a.ER YOBEJOA SECONDm, PASSAGE OF
COUNCIL BILL 110 . 70, SERIES OF 1987.
Ayes: Coun cil Me.bers Van Dyke, Vobjeda, Kozazek, Bilo,
Bnd shaw, Otis
None Nays:
Ab s h i n: None
Counc il Me.ber Hi gd ay Ab sent:
Moti on carried.
(c) COUNCIL BI LL NO . 71 , I NTRODUC ED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE MEND I NG TITLE 4, ENGLEliOOD UICIPAL CODE 1985 ,
BY CHANGING CHAPTER 7, PERTAINING TO IMPOSING AN EMERGENCY CHARGE UPON
TELEPHONE EXCHANGE ACCESS FAC I LITIES WITHIN THE CITY OF ENGLEliOOD , TO TITLE 4 , CHAPTER 8.
COUIIC il ....a IUDSHAII IIOVED , SU.O IY COUIICil ....a KOZACEK, PASSME OF
COUIIC il llll •• 71, SERIES Of 1M 7.
Ayes : Council Me.bers Van Dyke , Yobjeda, Kozazek , Bilo ,
Brldshaw, Otis
NIJS: None
Abshin : None
Council .....,.r Higdly Abset~t :
Motion carrted .
(d) City ,..n~ter NtCCMI presented a rec:~at ion fro. the Deput.ent
of Public Worts to adopt a Resolution approving the appropriation of funds in
the a.ount of Sl5,000 for installation of an all -rtd pedestrian phase signal at East Dart.uth and South OcM!ing .
RESOlUTIO.. 110 . 30
SERIES Of IM7
A RESOlUTIO.. MOOING Tit£ 1M7 IUIJG£T .
COUIICIL .._. VM DYU MID, COUIICil
usown• •· JO, SERra w 1M7.
Ay S! C 1
Br s
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Absh 11:
Abset~t : r H veta t on carr ssed pl uu
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ttr to br
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SU.O, TO AHIOVE
OZIZ , 8 lo,
• th S I C ton.
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Englewood City Council Minutes
October 1 g, 1187 -Page 7
14. &eneral Discussion
(1) Miyor 's Choice
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Mayor Otis did not have any •atters to bring before Council.
(b) Council Me.ber 's Choice
(i) Council Me.ber Bilo presented a reco.endation to 1dopt 1
Resolution in support of the •aetter Air• cupaign . He also co.ented con -
cerning an ordinance he will soon be proposing concerning this sa.e •1tter.
RESOLUTIOif NO . 31
SERIES Of 1987
A RESOLUTIOif ENDORSING THE METROPOLITAN AREA •&ETTER AIR• CAMPAIGN AND URGING
ENGLEWOOD RESIDENTS TO SUPPOR T THIS CAMPAIGN BY LIMITING THEIR DRIVING AND WOOD BURN lNG.
CCUICIL ..,_. IILO IIOYED, CCUICIL .,_. IUDSHAII SECCJII)m, TO APPROVE
IESOLUTICII •• 31, SOlES OF 1M7.
CCUICIL ..,_. lOZACEl 110¥0), CCUICIL ..,_. VM DYlE SECCII)[D, TO NOD
IESOLUTJCII •• 31 II SECTICII 3 TO IUD •111( MYOI _, .,_.S OF CITY CCUICIL
ASIC THAT AU I£SIDDfrS IESTIICT --ESSDIJIAL 11DC1t -·· C11 Hl8t POLLUTJCII DAYS.
Vote on the -ndlle-nt to Resolut fon No . 31:
~s: Councfl ..._rs Van Dyke, Vob jeda, Kouzek, Bflo, Bradshaw
Na~s: Ni~or Otis
Abstain : None
Absettt : Council r H gday
Mot on carried.
Yot on olut on
Ay s:
tl
31 u --"' Councfl
8rad1 Van Oy , Vob jeda, ozaz , Silo,
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Entl.-ood City Council Minutes
October 1 t, 1187 -Page I
15 . AdJ~t
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CCUI:IL ..0 VM DYU IIOVED TO-..... The •eti ng adjourned at 9 :22 p.•.
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Thomas R. Fitzpatrick
3155 South Acoma Street
Englewood , Colorado 80110
TO : ~ayor ~en~ 0 1~ a.c ~ ~lewcod C ty Council
TH~ Clty ~an a e r Andy 'c own
is r toq e£ted that the f ollow~n~ na..-ed ers ns oe
e ll~t of sc h~d· 1 d visit r~ t s pea dur ng
f ct b er Cvuncil
e res nt ~8 c~re r s r\ ce d ~ro .
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DATE: _October 19, 1987 __
MY PElSOII MY SP£M Cll MTTElS liB,_--n. FOl A MIIIIM OF FIVE
...,.ES. EACH SUCH P£15011 SHDULD Sllll THIS PUILIC COIIEifT IOSTEl, STATUI&
liME, AIIDIESS, _, TOPIC Of CGIIEIIT.
THOSE P£UIIS -WISH TO SP£M Ill FAYOl OF Ol Ill OPPOSITICII TO A PUBLIC
1011•, SHIIULD st• THE APPLICMLE PUBLIC 1011• IOSTEl.
PLEASE PI lifT .
TlfiC
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1. Call to Order
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EII&LEWOOD Cln COUIICIL
EII&LEWOOO, ARAPAHOE COliiTY, COLORADO
Regular MHttng
OCTOBER 5, 1987
The regular ~eting of the Englewood City Council was called to order by Mayo r
Otis 7:34 P·•·
2. Invocation
The invocation wa s given by Council ~r Bilo .
3. Pledge of Allettance
The Pledge of Allegiance was led by Miyor Otis .
4 . Roll Call
Present:
Absent:
A quo~ wa s present .
Also preset~t :
S. II Illite
Council ~rs Van Dyke, Koucek, Bilo, Bndshaw,
Otis
Council Melllbers Htgday, Vobejda
C ty ft r McCCMI
Acttftg City Attor..ey Reid
Assistant City Manager Vargas
Acting 0 rector R ns, Ca..uftity Develo nt
City Clerit Crow
KtOa:D, TO
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 2
COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEJeER IILO SECOIIDED, TO PROCLAIM THE
WEEK OF OCTOBER 18 -24, 1987, AS IIATIOIIAL IUSIIIESS WOREJI'S WEEK.
Ayes: Council MeMbers VAn Dyke, KozAcek, Bilo, BrAdshAw, Otis
NAys: None
AbstAin: None
Absent: Council MeMbers HigdAy, YobejdA
Motion curied .
Ms. SlAttery received the signed procla..tion fr~ MAyor Otis, and took this
opportunity to announce the selection of Marj Nicku., TotAl Business Syst .. s,
AS W~n of the YeAr. Ms. Nicku. WAS introduced and congratulated.
7 . Non-scheduled Ytsttors
(a) Howard McGregor, representing the Greater Englewood Cha.ber of C~-
.erce, infor.ed Council thAt the Cha.ber's Board of Directors had .. t and re-
viewed the City's proposed 1988 Budget . He stated that the Board WAS rec~
.. nding that the 1988 Budget be reduced by five percent which would cover the
four percent shortfall and leave A sull urgin for the next three years,
during which ti .. increased business activity will result in increased tu
revenues .
(b) Donald L. R. S.ith, 3165 South Sherun Street, addressed Council
( regarding two u .. s:
1) It• 90 Cll47 (dogs) His uin concern was that vicious dogs, guard
dogs, and protective dogs were all under the s-restrictions and that
prov ision were not .ade to recognize that trained aniuls should not re -
quire to be •zzled.
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2) It• 9(h) CB 63 (Sales l Use Tax Increase). He stressed that if
Council did not COIIPlY with the Chlllbers ' rec~ndation to reduce the
budget by ftve percent and if Council chose to increase the sales tax,
that action should not be effective until after the end of January . To
ulte It effective before that tl• would cause further deterioration of
th tax base u people would undoubtedly shop elsewhere. He offered sug-
9 sttons on budget cuts regarding paving districts, contractual strv cts
and reven incrusts. He also SUCJ91Sted 1 ring the sale s ta bet n
n and t nd of J nuary t n an effort to 94Jntratt IIOrt busin ss .
( ) oc ...
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ttons
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y of his cal -
o r . C
, COUIICIL YM 0 , TO
t, 1117 AS • IleA'S L1 ITY • OUI
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 3
Abstain: None
Absent : Council MewOers Higday, Vobejda
Motion carried.
9 . Consent Agenda
Council ~r Kozacek requested that Consent Agenda lt .. s 9(d) and 9(h) be
withdrawn fra. the Consent Agenda.
Cotll:ll MERIEl 8RADSHAII ROVm, CCUI:Il _,.EI IILO SECCimD, TO APPIOVE COII-
SEJIT MEJI)A ITEMS I (a) TMIOUGH (k), EICLUDI. l(d) and (h).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
( )
(d)
Minutes of the Board of Career Service Meeting of May 14, 1987.
Minutes of the Liquor Licensing Authority ... ting of Sept..O.r 2,
1987
Minutes of the Planning and Zoning Ca..ission ... ting of Sept.-ber
15, 1987
Withdra.n
Ordinance Mo . 50, Series of 1987, approving annexation of property
in Suppl ... nt 131, located north of County Line Road and west of
South Holly Street, to the South Arapahoe Sanitation Dis trict .
Ordinance Mo . 51, Series of 1987, approving the txclusion of prop -
erty located just north of East Orchard Road and west of South
University Boulevard fr011 Suppl ... nt 132 to the South Arapahoe
Sanitation District.
Ordinance Mo. 52, Serits of 1987, approving annexation of property
tn Suppl..eftt 133 for Curtis Park to the South Arapahoe Sanitation
District.
Wlthdr.-
Ordinance Mo . 53, Series of 1917, providing for a Quit Clat• Died
correcting the legal description of property previously transferred
by adow Gold Dairies, Inc .
Ordinance . 54 , Series of 1917, vacating certain rlghts -of·way in
an area bounded by Engl wood Parkway, AcOIII and U.S. 285/H.._,.n .
Ordinanct . 55 , Series of 1987, vacating certain rights -of-way in
a 321 foo s r p at the northeast corner of Girard Aven and Elati
Str
A rs V n Dy , oz c , I lo, rad
rs H gd y, Vobe jda
ll R litO, 1 Ill 0 :
7, C PT lA,
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 4
Council Member Kozacek pre sented infonaation concerning research he had done
relative to trained animals . He felt the ordinance had .erit with the excep -
tion of the requir~nt in 7-lA -8 .5 paragraph A stipulating that guard or at -
tack dogs be MUZzled . He further explained the ordinance with reference to
vi cious dogs versus trained dogs and the licensing provisions.
COUNCIL MERIEl KOZACEl IIOVED, CCUICJL MaiO IIADSHAif SECONDED, TO MEIID COUN-
CIL BILL 110. 47 AS FOLLOIIS: SECTICII 3 , 7-1A-8.5 D£LETIN8 MOlDS •IIJZZLED Nm•
FROM PAU&IWH A. Cll PAlE 3.
Ayes : Coun c il Me.bers Yan Dyke, Kozacek, Bilo, Brad shaw,
Otis
Nay s: No ne
Ab sta i n: Non e
Ab se nt : Council Me.be r s Hi gday , Vobejda
Moti on carr i ed .
COUNCIL MERIEl IILO IIOVED, CCUICIL IIOeEI KOZACEl SECONDED, TO APPIOYE COUNCIL
I ILL 110. 47, SEIIES OF 1117, AS MEJIKD.
Ayes: Council Me.be r s Yan Dyk e, Koz ace k, Bil o, Brad sh aw , Ot is
Nays : None
Abstain : None
Absent : Council Me.be r s Higda y, Vobejda
Motion carried .
(h) COUIICIL .... UZACEl IIDVED, COUIICIL .... IUDSIIMI smlllll, TO
TAILE TO OCTOIO 11, 1117, CCUICIL IILL •• 13, SOlES OF 1117. I~ 1Y
CCUICIL .... VM DYU, TITUD z
A BILL FOR AN OROIIWICE M OlD I NG TITLE 4 , CHAPTER 4 , SECTICIIS 4
5, ENGLEWOD U ICIPAL COD£ 191 5 , REFLECTING M IIICREAS£ Of SALES
MD USE TAX IN THE CITY Of ENGLEWOO BY ONE -HAlf COlT C. EACH DOL ·
I..Aa FOR A TOTAL CITY SALES TAX Of 3 .501 Cll EACH DOLLAR .
Ay s: Counci l
oth
rs Van Oy • Kouu , Btlo, Bradstl ,
10 . ru.t t c ar 111
ll. ONt
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 5
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legislation which requires the reassess.ent of all property to a 1985 valua-
tion and established li•its for any property tax increases. The ..aunt cer-
tified to us by the state was $1,557,267 in property tax revenue. Mill levies
must be reduced accordingly in order to not exceed the li•its of 5.5% plus
2 .5% allowed on new construction. Current •fll levy for both the General Fund
and Debt Service Fund is 11.892. The •ill levy on 1987 assess .. nts due and
payable in 1988 will be 6.607 (4.909 General Fund, 1 .698 Debt Service Fund).
The Mill levy for the Downtown Develop.ant Authority has been reduced fra. 5.0
to 3 .267 to ca.ply with the sa.a provisions.
COUNCIL BILL NO . 69, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE.
A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLE-
WOOD, COLORADO, FOR THE YEAR 1988 AND ESTABLISHING A MILL LEVY FOR THE
ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY.
COUIICIL MEMIEI IUDSIWf ROYm, COUIICIL lOBEl IILO SECCIDED, TO APPIOVE COlii-
Cil llll MO. II, SEIIES OF 1187.
Ayes: Council Melbers Van Dyke, Kozacek , Bllo, Bradshaw ,
Otis
Nays : None
Abstain: None
Absent : Council MeMbers Hlgday, Vobejda
(b) City Manater Mc:COIIIft presented a rec-.sat ton fi"'OI the Director of
Engineering Services to award a construction contract for COftCrete Replacaent
Progr , 1117 Revhed . He reiterated the Mad to rebid this provr and
stated that by btddtng the second tt•, the City had realized a savings of
approx .. tely $7 ,000. Mr. Mc:COIIIft reca tnded the .... rd to the low bidder, E l
J COftCrete In the ..,_t of S39,915.30 . He stated that S41 ,000 had beefl allo -
cated In t Public IJJProv t Fund for this provr .
CCUICIL IIMD, CCUICIL .,_. lOUCEl SletiiiO, TO c•-
STIUtTI• CCIITWT f. CCIIICI£TE IUUCDmfT PIGIIM ,_ 1•7 HYISO TO ( I J
CONCmE 1• TME ...,. Of $31,115 .30.
AytJ : Cou t1 rs Van Oy e, Konce , 8 to, r dsh w,
Otis
Council rs Hlgda~. Yo Jda
•
I .
(
•
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 6
north of Cinderella City. The area will be secured . Mr. Frank Rogers, Air
Pollution Control Special 1st, Colorado Depart~~ent of Health, responded to
specific questions of Council about the site location and the use of informa-
tion to be derived from the proposed MOnitoring. It was pointed out that the
agreement betveen the Air Control Division of Colorado Depart~~ent of Health
and the City of Englewood will be for as long as the arrangement is agreeable
to both parties.
COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE -
WOOD AND THE AIR POLLUTION CONTROL DIVISION OF THE COLORADO DEPARTMENT OF
HEALTH FOR AN AIR MONITORING STATION TO BE LOCATED AT THE SOUTH END OF
THE NEWLY ACQUIRED PROPERTY WEST OF CUSHING PARK AND EASTMAN AVENUE .
COUNCIl MEMBER KOZACEK MOVm, COUNC ll MEMBER IRADSIWI SECOIIDm, TO APPROVE
COUNCIL llll NO. 68, SERIES OF 1917.
Ayes: Council MeMbers Van Dyke , Kozacek, Bllo, Bradshaw,
Otis
Nay s: None
Abstain : None
Absent : Council MeMbers Higday, Vobejda
Motion carried.
JZ . City Manattr 's Report
pr sented a r ca..endatton for passage of a bill for
nt with United Cable TV, and providing for a
franchls with Un ted Cable TV . He explained this franchise uld be subject
to a public vot • Becaus of the tIM ~~tr od necessary to cons._.te the
agr aus of the City Charter restrict on of th nu.ber of elec -
held 111 Hh1n a 12 IIOftth ~~trlod, "'"· CCMt stated tt was
put on t ballot for the .un clpal elec on to be h ld
Th re ore , an ncy claus has be n Included In the
,
I .
Englewood City Council Minutes
OCTOBER 5, 1987 -Page 7
•
• •
FACILITIES, AND FIXTURES NECESSARY FOR THE MAINTENANCE AND OPERATION OF A
CABLE TELEVISION SYSTEM FOR PRODUCING, RECEIVING, TRANSMITTING, AMPLIFY-
ING, DISTRIBUTING, AND SELLING AUDIO, VIDEO, AND OTHER FORMS OF ELEC -
TRONIC OR ELECTRICAL SIGNALS AND THE RIGHT TO TRANSMIT THE SAME TO AND
FROM THE INHABITANTS OF THE CITY OF ENGLEWOOD; AND FIXING THE TERMS AND
CONDITIONS THEREOF; AND PROVIDING FOR THE CALLING AND HOLDING OF A
GENERAL ELECTION UPON SAID QUESTION, THE TERMINATION OF THE RESULT THERE -
OF, AND FOR THE EXECUTION AND DELIVERY OF SAID FRANCHISE ACCORDING TO ITS
PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELECTORS AT
SUCH ELECTION SHAll HAVE BEEN DETERMINED TO HAVE BEEN AFFIRMATIVE FOR THE
GRANT OF SAID FRANCHISE, AND DECLARING AN EMERGENCY .
COUIICIL IIEMU IUDSHMI IIOVED, COUIICIL IEJeER VAll DYlE SECCII)ED, TO APPROVE
COUIICIL IILL 110. 12, SEIIES Of 1117. Council ~r Bilo stated his concern
over the e.ergency clause attached to this Council Bill, but he did state he
would support passage of the Bill .
Ayes : Council Mellbers Van Dyke, Kozacek, B1lo , Bradshaw,
Otis
Nay s: None
Ab stain : None
Ab sent: Council Mellbers Higday, Vobejda
Motion carried.
13. City Attorney's leport
Ms . Reid did not have any .. tters to br ing before Council.
14 . leneral Discussion
(a) Mayor's Choice
MYOI OTIS IIDVtD, CCUI:IL .,_. IILO SU.O, FOI THl tin TO JOII _, PM-
TICIPATt MITM COlOUDO -ICINL UMUl II A •n MAIIST TRECCIIIIIICATI.
DOEIUUTIOI _, UTt PIOCHDI-.
Ayes : Counc 11
Nays :
Abstain :
Abs n
ton carr ed .
(b) (I)
Otis
None
Counctl
Coun 1
rs Van Dyke, Kozace~, Bilo, Bradshaw,
rs Hlgday, Vobejd
r's Chotc
Council pr s nttd a ch c: to th Engl Cfty Council r011
th ngl Hou tng Authority In th ..ount of Sl3,67t .7 . Mr . Kozac
ph n for th the proJ cts of th Housing
A thortly and
(b) ( 11) Cou r ' C tc I .
-
•
•
•
• •
Englewood City Council Minutes
OCTOBER 5, 1987 -Page 8
Mayor Otis requested the City Clerk to read into the record of this .. ettng a
letter fra. Council ~r Ja..s L. Htgday, Jr., concerning the proposed ap-
point.ent of Rtck DeWitt as City Attorney.
RESOLUTION NO. 29
SERIES OF 1987
A RESOLUTION APPOINTING RICK DE WITT AS CITY ATTORNEY FOR THE CITY OF ENGLE-
WOOD, COLORADO, AND DETERMINING HIS SALARY FOR THE REMIII)£R OF 1987.
COUIICIL MEMEI lOZACEl IIMD, COUIICIL ...U IILO ~. PASSME Of 1£50LU·
liON 110. 29, SEII£5 Of 1117. Council Mellber lozacek objected to the reading
of the letter into the record until after a .otion and second had been .. de.
He disputed certain stat .. nts lllde in Council .....,.r Higday's letter, and
further stated his support of the appointlent of Mr. DeWitt as City Attorney.
Council ~r Van Dyke stated she could not support the resolution to appoint
Mr. DeWitt as Ctty Attorney unless Council would consider placing Mr. DeWitt
on a stx-.onth contract -.tch would allow ..-.rs of the future Council to
evaluate the needs of the Ctty Attorney 's office. With such a change, she
would support the resolution . Council Metlber Bradshaw stated she would sup -
port the resolution and clarified several points •de tn Council Mlllber Htg -
day 's letter . She further stated that any appotntlent Council Mites are Mde
at Council 's pleasure and do not need to have a tt• stipulation placed upon
th•. Council Mlllber Bilo stated he felt tt would be wise to select Rtck
DeWitt and asked everyoM to s..,ort Mr . DeWitt 's appotnt.nt . Mayor Otis
called for the vote :
Ales :
lays :
Abstain :
Absent :
Mot t on carried .
15 . Altj...-.t
COURCtl Mlllbers Kozacek, lilo, Bradsh•, Otts
COURC t1 Mlllber Van Dyke ...
COURCt 1 s HtfCky , Yobejda
COUIICIL IUI-1111 IMID TO •••• T t ng adjourMd tt I : 16 p ·•·
r
I
•
• •
9
ENGLEWOOD HOUSING AUTHORITY
Board of Commissioners
Regular Meeting
.July 29, 1987
The Regular "-Rting of the Englewood Housing Authority
Boerd of Co~issioners w&s celled to order &t 6140
P·•· on .July 29, 1987, et St-an Center, 3333 South
Lincoln St •• Englewood, Coloredo, 80110, by Tho••• .J.
Burns, Ch&ir•an.
"--bers Present1
"--bers Abs nt1
Also Pres ntc
C~IS
NT AOIIENiliA
04AIRI'AN
I
Tho••• .J. Burns, Che r-n
Gery L. ozecek, Co~issioner
Bredley Zieg, Co-iasloner
Alan "· Fe1nste1n,
EMRCUtlV 0 rector
"•r y A. Ryen
ecordang et•ry
I
-•
• •
EHA BOC Regular Mtg
07/29/87
III.
IT WAS MOVED BY GARY KOZACEK TO APPROVE THE MIN.JTES OF THE REBULAR
I'IEETING OF THE ENBLEWOOD HOUSING AUTHORITY BOARD OF C0191ISSIONERS
HELD .JUNE 24, 1987, AS PRESENTED. THE 110TI ON WAS SECONDED BY BRADLEY ZIEG .
Ay-a ... .,. ..
Abstain.cta
Ab-nta
IV.
v.
Vl.
Burns, Kozacek, Ziwv
No~
No~
Pai-r
There -.re no vasitors sch~ul~ to attend the Rwvular
,.._tli"'Q of' the E1"1Ql-.ood Hous I"'Q Author ty Board of'
co .. issio~r• held this date.
The EM utave 0 rector report~ thet the &tate of'
Colorado Hi~v Depart-nt ha lnd ceted to the
"ctli"'Q Darector of' Co-.unatv O.velop-.nt th•t lt pl•ns
to relocate eleven ~bile ho loceted n the ~b le
hoee par et D•rt~uth and Santa Fe. 8r ef' dit~euss on
eneu.ct rtt9•rdi1"1Q the lllp t this -.ov 1110uld heve on
HA •nd the COB& f'und t•rget~ to be used by
f'o replac ... nt of' ~b le ho ....
A.
Dl a on.
I .
•
•
,. •
EHA BOC Regular Mtg
07/29/87
B. Resolution No. 3, Series of 1987, -Dissolution
of Pvtty Cash Funds and lncreasv of Section 8 ~~~-f~!!~-~~~0 -E Y~~----------------------------
IT WAS I'OVED BY CO'II'IISSIONER KOZACEK TO PASS RESOLUTION NO. 3, SERIES
OF 1987, DISSOLVING THE CENTRAL ADtUNI STRATI VE OFF ICE, PUBLIC HOUSING
AND MINTENANCE PETTY CASH FUNDS. IT WAS FURTHER RESOLVED TO
INCREASE THE FUND L I"IT OF THE SECTION 8 EX. PETTY CASH FUND TO
•100.00. C0f9'1ISSIONER ZIEG SECONDED THE MOTION.
Ayes a
~v••
AbstAined I
Ab-nta
Burns, KozAcek, Ziev
None
None
PAI-r
C. Resolution No. 4, S.raws of 1987, -ApprovAl of EY _~gz _Bw~l~-e~l ~-~ nu _ nu _tw~g ~
t'Q!l~
IT WAS fCJYED BY CO..ISSIONER OZACE TO PASS RESOLUTION NO ... , &ERIES
OF 1~, ~ OF REVI D FY '87 PUa..IC HOUSING OPERATING
BUD&ET, AND a.tiT SUCH REVISED OPERATI BUOoET TO HUD.
COW.I8810N£R dE6 COCJED T MOTION.
Av-sa
NAv••
AbstAinech
Ab .. nta
Burns, oz.c:e , awv
None
lAred th
D.
C I ied.
I .
-
EHA BOC Regular Mtg
07/29 /87
•
• •
fro• f&•ilies -til"'Q 50-of the condition. .. t
by the Bo&rd. The Ex~utive Dir~tor •t•t.ct
th&t he ~uld like to aub•it th ... &pplic&tions
to the R~&b Lo&n Co .. itt .. for &pprov&l. The
u.. of • re•l .. t&te brok~ave fir• to h&ndle
the -rketil"'Q of" the &.k~ Av.nue hou--•
d1scuss .ct. The Ex~utive Dlr~tor -s told to
•ub•lt the t~ &ppllc&tions he had r~elv.ct to
the R~ab Loan Co .. ltt .. for r•vieM.
D1•cu••1on ensu.ct concern ng r ent•l of this
un1t i.e.r rent ll"'Q to • low-inco .. f&•ily
~ll"'Q a handtc&p-acces•tble unat versus
rent anv for a fa1r rk•t rent . Al•o dascu•~•
opt1ons avaalable for f"ananctl"'Q th1s un1t Nath
possable donation to the Engl~od Housanv
O.velop .. nt Corporation and u of" Rental Rehab
Proo fund• for ehabalttataon.a pay off" of"
tha s uni froe Sa.:~n Cent• ~rve &nd donation
to E Nl th u of R nt&l Rehab funds f or
reh.tl.
Dlr
order
tor
to
-s dar~t.ct to davadlt
ate the v Ant l•nd
I .
: EHA BOC Regular 11tg
07/29/87
•
• •
IT WAS l'tOVED BY CO..I&SIONER BRADLEY ZIE& TO APPROVE THE EXPENDITURE
OF FUNDS FROI1 THE SII'tON CENTER RESEAYE IN THE APKJU!tT OF S2000.00
FOR THE REHAB WORK NEEDED AT 21M WEST WARREN AYENUE AND S~.OO IN
ORDER TO SECURE A LE&AL SURVEY SEPARATIN& THE LOT WITH THE HOUSE ON
IT FRa.. THE VACANT LOT AT THAT ADDRESS. CO..I&SIONER KOZACEK
SECONDED THE r«lT I ON.
Aye••
N.ysa
Absteinech
Ab .. nta
Burns, Kozecek, Z1eg
None
None
Pal-.r
The Cheir .. n declared the ~tlon carried.
CHAINw. 8URN8 !'tOYED TO DIRECT THE ElEaJTIYE DIRECTOR TO O.TAIN
FINMICIN& FOR A l'tORT8A8E «* THE fW:PERTY LOCATED AT 21M WEST WIISUEN
AYEMJE FRCM FIRST INTOSTATE 8MieC OF Qlll £M10D WITH THE I.NJ€RBT,_,IN6
TO F lAST INTERSTATE 8MieC OF OR FMJOD THAT THE OR fMJOO HOlMll ..
AUTHORITY WDUL.D a.JNIWCIE£ THE l'tOR PAVItENTS «* THIS PACPERTV IN
THE E\o4ENT THE ......aTY IS MSI TO THE HOlMll ..
DEYEL T ~TIC*. c:GWtl-1 V CCN1ED
r«lTION.
Ave-a lurne, oz • Zi eg
... y • ne
Abh Ntdl ne
Ab Pel
Th c
I
-
EHA BOC Regular Mtg
07/29/87
•
• •
F. Letter from Swedish Medical Center Regarding
eQ!~n!!~!_e[QR~[!~-~gyi~i!iQn~-----------------
IT 1M& f'llY£0
LEO BUTIERREZ
Execut1ve Director Feinstein reported that an
appraiser wa• located Mho MOuld develop the
current •arket value of the properties offered
for •ale by s..dish "-dical Center as well as
the cost to rehAb the properties and
subsequently deter•ine Nhat the .. rket value
MOuld be after rehAb. The City of EnglRMDod
Rehab Staff MOUld also develop Mhat they
deter •ine the co•t of rehabbing the units to
be. The appraisal infor .. tion MOuld be
available at the next board ... ting for the
CO .. I5Sioners to .. ke a decision on a counter
offer to Swedish "-dical Center for the ..
propttrt1es.
The appraisal sought MOuld offer the folloNing
1nfor•at1ona ( 1) Nhat rehab MUrk IS needed in
ordttr to br1ng all p ropert1e. up to codeJ (2) a
sales c oMpar ison, (3) offer three coMparable•
based on three coMparable nelghborhoodsJ (4)
obta1n t ransfer ta x 1nfor•t1on (~) sub•1t
operating e xpenses.
COfW'IISSIONER BRADLEY Z l£8 TO APPA0YE THE HIRIN& OF
PfHPERTIES AND REPORT
RESULTS OF' THIS APPRAI
~IML. ON T DISH f£DICAL. CENTER
TO THE BOARD AT T AUOUBT f£ETIN8 THE
C I TV OF WOOD HAB STitiFF AND E.HA STAFF TO DETEMI
THEA THE WATER AND
LOTS. 18 TO
LOTS.
RENTS D ON T UNITS , AND
L I 8 TAPPED TO T VM:MT
OR APPRAISALS ON VACMT
fCJTION .
c
.,.
••
•
I •
-•
• •
EHA BOC Regular Mtg
07/29/87
Co~issioners thAt prudwnce rwquired the
trAnsfwr of thw S.Ction 8 EK. OpwrAtinQ Rwswrve
to Si~n Center. Thw A~unt to bw trAnsfwrred,
S55 0 900 MAS thw a~unt dwtwr•ined by thw
AccountAnt And confir~ by thw FY'86 Audit to
bw the Section B EK. OpwrAtinQ R--.rvw AS of
12/31/86.
!:_lg!I~
IT WAS NJVED BY COI'tMISSIONER BRADLEY ZIEG TO APPROVE THE TRANSFER OF
THE SECTION B EX. OPERATING RESERVE IN THE AI'WJUIIT OF S55,900 TO THE
SIMON CENTER RESERVE. C~ISSIONER GARY KOZACEK SECONDED THE I'WJTION.
AyW S I
NAys1
AbstAined•
Abswnt1
Burns 0 I<OZACWk 0 ZieQ
No!W
No!W
P•l-r
The Chair-.n dwclared thw ~tion carried.
IT WAS I'WJVED BY C09tiSSIONER GMY KOZACEK THAT THE CHAIRfotAN OF THE
ENBLEW0oD HOUSING AUTHOR I TV BOARD OF C09t I 88 I ONER8 ENTER INTO THE
,_,IAiBEI'£ltJT AORED£NT WITH THE EN9LEW00D HOUSI..:J ~T
CORPORATION. C09tiSSIONER BRADL Y Z IEB SECONDED THE I'CJTION.
Aywsa
NAyea
Abstained•
Ab nta
VII.
Vll f.
Burns, ozacw , 'ev
No!W
No!W ··-
lAred thw -ot on car ted.
..,, u ly
f t 071 I •
-
•
•
• •
. ..
EHA BOC Regular Mtg
07/29/87
IX.
x.
A. Q2~1••i2DI~-~-QbQ1~•
B. Dir~!Q~~._QhQi~•
Nothing pr ... nted ~or •lth•r eo .. issioners' or
Di r ~tor 's Choic• at this Me.ting.
IT WAS ...:JV£0 BY ~ISSII:»ER GARY I<OZACEK THAT THE REBULAR I'£ETIN6
OF THE ENBLEWOOD HOUSING AUTHOR I TV HELD .JULY 29, I 'M7, BE AD.JOUANED.
CHAIRttAN THm'IAS .J. BURNS SECONDED THE NJTION.
Av-•
Nays a
Abstained a
Ab .. nta
Burns, l<oz ac• , Z t~
None
None
Pai-r
nt. 0\a i r-n d~lared th• -ting adJourned at 9ao:5 P·•·• w.dne.day, .July 29, 1987.
I •
-
•
• •
EHA BOC Regular Mtg
07/29/87
I X.
X.
A. ~~1••1RnR~·:_QbQl~•
B . Vl~~12~:._ChRl~•
Nothing pr• .. nt~ ~or •lth •r Co .. i••ion.r•' or
Dir.ctor's Choic• •t thi• "--ting.
IT WAS NJVED BY ~ISSIONER GARY KOZACEK THAT THE REBULAR I'EETINB
OF THE ENBLEWOOD HDUSJNB AUTHORITY HELD .JULY 29, 1987, BE AD.JOURNED.
CHAIRI'tAN T~S .J. BURNS SECONDED THE MDTIC»>I.
Av-•
HAv••
Abateli'Wda
Ab .. nta
Burn., oz•c• , Z•-o
Non.
Non.
P•l-r
The D'le1r-n d.cler~ ttt. ... t no edJouri'Wd et 9aOS
P·•·• w.dn.adey, .July 29, 1987.
r•t• v
•
•
I •
II.
IJ I.
rv .
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• •
ENGLEWOOD HOUSING AUTHORITY
August 26, 1987
The Regular ..._tlng o~ the Engl-..ood Housing Authority
Board o~ co .. issioners Mas called to order at 61~ P·•·
on AuQust 26, 1987, at Sieon Center, 3333 South Lincoln
St., Engl-..ood, Colorado, 80110, by Tho-• :J. Burns,
Chalr-n.
Also Pr
Tho-• :J. Burns, Chair-n
Bradley Zleg , Vice Ohalr-n
Norl-n Pal-r, eo .. tawloner
Ray J. Berlin, eo .. tawioner
Gary L. ozace , eo .. saaioner
Alan "· Fe nstetn,
• utive Dsrector
W. rt
&up..-vaaor
I
•
• •
EHA BOC R•gular "--ting
08/26/87
v.
VI.
Th• Ex.cutiv• Dir.ctor not~ th• inclusion o~ th•
"obil• Ho-R.tlab Status R-.,ort b-vinning .. ith this
Board "--ting Pack•t. Bri•~ discussion •nsu~
r-varding r ... arch into acquisition o~ th• .abil• ho-. ~or this proj.ct. It ... s not~ that th• Stat• Division
o~ Housing, Mho ~und~ this proj.ct, has c•rtain
r~ir--nts Mhich th• .abil• ho-. acquir~ ~st -.t.
No oth~ qu .. tions conc•rning th• status r-.,orts
contai~ in th• Dir.ctor's R-.,ort ... r• ~orthco•ing.
Th• Ex.cutiv• Dir.ctor ••plaln.d that th•
apprai .. r r•vi~ all th• prop•rti.. and
••pr•s~ th• opinion that th• ar•a in Mhich th•
prop•ru.. ar• locat~ ls so~at d-.,r .. ~ .. 1 th
a pot~tial ~or r•vitallzation b.cau.. o~ its
c~tral location. No structural or ~oundation
a~.cts -· ~ound by th• apprai .. r, but h• did
r.co~ that tN EHA obtain an •ngl,..rlng
inspection r-.,ort prior to purcha.. o~ th ...
properu ...
Discussion ~ r-vardlnv the di~~~~.. ln
annitlon 0~ ·Rw.e Work n..cttnv do~· tMit .... n
Mhat the appralser d••-d neeciMI r-.,a rs and Mhat
the hous • nv ~thor ty d••-d nec: .... ry to br lnv
the structure up to code. Robb 8hor t, the R.tlab
Superv sor, stated that it -s the standard
prKh • o~ the EHA to r..,abll ltate propert ..
br nv nv thee up to coa rather than adopt a
•bandald ..,.,roKh• t r-.,a rs. It ... s th•
prof onal opinlon of tM Rehab Sup rv so that
hou h etate of
ld t b 0 t
eub nt
be the t
•
-•
• •
EHA BOC Regular KReting
08/26/87
IT WAS 110VED BY BRADLEY ZIEG TO AD.J~ TO EXECUTIVE SESSION AT THIS
POINT OF THE REOULAR I'EETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD
OF COI'W11 SSI DNERS HELD AUBUST 26, 1987. NORLEEN PALI'ER SECONDED THE l'tOTION.
AyRSI
N.ys1
Abstai "-Ch
Ab-nt1
Burns, ZiRQ, Pal .. r, S.rlin
No,.
No,.
Kozac•k
IT WAS l'tDYED BY NORLEEN PALI'!ER TO LEAVE EXECUTIVE SESSION AND RETURN
TO THE REGULAR I'EET I NG OF THE ENSLEWOOD HOUSING AUTHOR I TV BOARD OF
CO..ISSIONERS HELD AUBUST 26, 1987. BRADL.EY Z IE& SECONDED THE l'tOTION.
Av•••
N.ys1
AbstahlRd1
Ab-nta
Burns, Z RQ, Pal .. r, S.rlin
No,.
No,.
ozac•
Th• Chaar-n d larttd th• .c>tlon carrittd.
B.
•~ d scuswton rRQardlng th• r•asons ~or clo•tno
th• EHA • • Wa 1 uno LL• t •nsuttd.
lan
I
•
• •
EHA BOC Regular "-wtinQ
08/26/87
C. L•tt•r 'fro• F-Accountant RegardinQ S.Ction 8 EIC.
~-~~ting_8··-~~~£--------------------------------
Discussion regardinQ th• plac ... nt o'f Section 8
EIC. Ad•inistrativ• F.. r ... rv• 'funds in th•
Section 8 .....,. Construction lnv-t-.nt pool
•nsu~. A l•tt•r 'fro• th• EHA's ., .. accountant,
Rob•rt 3. Sylv-t•r, r~u-t~ that th• Stat•
HousinQ Law b• r•vt~ in this r~ard. Th• Stat•
HousinQ Law -s r•vt~ And it -s d•t•r•i~
that rath•r than plac• th• Section 8 EM. Ad•in F ..
in j.apardy by th• u .. o'f qu-tionAbl• 'financial
practic•s, t~ u.. o'f th• 'funds in A •housinQ
r•l•t~ activity• <i.•. th• purcha .. o'f low-inco ..
housinQI would b• ~r• prud•nt.
IT WAS 110YED BY NlRLEEN ~ TO RESCIND THE ftOTION PASSED AT THE
EN8LEWOOD HOUSINB Allll«JRITY BOARD OF COteUSSIOIERS PEETINB HELD Jl.LY
1!9, 1'187. • .•To APPROYE THE TRANsFER OF THE SECTION 8 EX. OPERATINB
RESERVE IN THE AfCJUifT OF eS!5,900 TO THE SII10N CENTER RESERVE. • •••
AND ALLOW THE SECTION 8 EX. DPERATINB RESERVE IN THE AIOJNT OF
eS!5,900 TO REMAIN IN THE SECTION 8 EX. DPERATINB RESERVE ACCOUifT FOR
FUTURE U8E IN A HOUB INB RELATED ACT I VI TV. RAY 8ERL IN SECONDED THE ftOTION.
Ay-•
Neysa
Abstal~a
Ab .. nta
Burns, Zt~. Pal .. r, hrl in
No~
No~
Kozac•
~ Die r .. n declar~ th• ~t on c arr ~.
D.
I
-•
• •
EHA BOC Regular "tg.
08/26/87
VIII.
IX.
EHA
Nlth R~ort f'or
discussion ~nth •nding 07/31/87 not~
conc•rning n.t op•rating
Th• Ex~utiv• Dir~tor point~ out that th• R~eb
Financial R~ort r•f'l~t~ incr•ased activity in all of' th• R~eb progra ...
L•tt•rs f'ro• th• Dir~tor of' Progr.. 0p•rations
Division at HUD's O.nv•r R-oionel Of'f'ic• conc•rning
Af'f'ir .. tiv• Fair Housing "-rk•ting Plan R•vi..,.. of' Si~n C.nt•r and S.Ction 8 Ex ..... r• not~ Nith bri•f' discussion
~-IUKUUI~
A. ~ 1U llDWt • ..:._Q!Ql~•
Norl-n Pai-r IIUQQ .. t~ that
arrang-nt b• -nt to Brady
Nishing hi• a ~y r~ov•ry.
a g•t-.... 11 f'lo.,..r
Franklin "epl ..
The Ex~utl~ Dir~tor lndlcat~ that th• EHA had.
under the "Annual Ad,tust-.nt Factor" r-oulatlons. rttqUest~ an lncr•a-an contract rttnt f'ro• HUD
f'or 81~n Cent.r r..,ts. HUD responded by cut t ng
th• contr t ,...,, r~•tYWd by the EHA f'or 81 n
Cent.r by eso p.r unit p.r ~nth. Th• • ut ~
D r tor atat~ that the EHA • respond ng to this
pot..,hal loaa of' by obta n ng • l"tlMMber of'
• tll t he Denv.r "-tro ar
ldaa And p ave h u ngt
ang f HUD' prat I
~u.•ta • aon of
I .
•
• •
EHA BOC R~ular "to
08/26/87
The Executive Director relayed a request ~ro• the
owners o~ a ~ourplex in Englewood that the EHDC
assu.. the ~rtoaoe loan on this property. The
unit is in need o~ approxi .. tely Sl0 0 000 rehab per
unit. The Executive director stated that i~ the
EHDC assu~ the ~rtvave loan on thi• property
and secured rehab ~und• throuoh the Rental Rehab
Provra•, this ~ourplex could provide sub•idized
hou•tnv to ~our elioible ~ .. ilies on the Section 8
Ex. MAlting list. It MA• suvoested that a orant o~ S20 0 000 ~ro• Section 8 Ex. reserve to the EHDC
MOuld provide the EHDC with the neces•ary ~und•
to .. tch a Rental Rehab loan in order to rehab
thi• ~ourplex. Concern MAs expresaed over the
restoration o~ •hard dollar vrants• to the EHA
upon the transfer o~ title or re~inancing o~ any
property acquired ~ro• the EHA in order to prevent
the depletion o~ EHA re .. rve ~und•.
IT WAS fCNED BY BRADLEY ZIEG THAT THE EHDC RESTORE PMY .wtD DOLLAR
GRMITS TO THE EHA WHEN, lPON THE TRANSFER OF TITLE OR REFINANCINB OF
PMY PRCPERrY ACQUIRED ~ THE EHA, THE EHDC ~IZES A PROFIT t»> THE
f"NPERTY. RAY IIERLIN SE[DIG)ED THE NJTJt»>.
Aves•
Nev••
Ab•tairwch
Absent•
8urns, Ztev, Pal~. Berlin
Noww
Noww
kozace
IT WA8 .V NDRl..EEN PM..JER TO 8RMT S1!0 ,000 ~ SECTION 8
EXI BT IN& FUm TO THE EHDC FOR THE REH1W OF A FlJURPLEX AT
3167-73 80UTH LINCOLN 8 T WITH THE STIPULATION THAT AU. tWtD COBT8
CONTR 18UTED EHA ON 1!'91 o-1 e SOUTH 81118100< RE lfaJRS£0 TO THE
EHA I.PON OR I OF ~RrY AT 1!'91o-te SOUTH
l'tOTION .
LOAN TO T CITY
ltn
lered th I •
-
•
•
• •
~ EHA BOC Regular "tg
08/26/87
x.
IT WAS I'«<VED BY NORLEEN PAU£R TO AD.JOLJAN THE REGULAR PEETINB OF THE
ENaLEWOOD HOUSING AUTHORITY HELD AUGUST 26, 1987. RAY BERLIN
SECONDED THE NJT ION •
Ay-•
NAys•
Abstai!Wdl
Ab-nt1
.. rns, Zieg, P•l-r, hrlin
NDIW
NDIW
Kozec:•k
Th• D1Air-n d~l•r.ct th• -.otion carri.ct. Th• R.Qul•r
"--tlng o~ th• Engl-.ood Housing Authority h•ld August
26, 1987, edJourn.d •t 9145 P·•·
~~---
R.cord ng S.Cr•t•ry
-7 -
I .
•
• •
SPECIAL I'£ETIN6
ENGLEWOOD HOUSING AUTHOR I TV
BOARD OF COI9tiSSIDNERS
SEPTEMBER 4, 1987
7a00 A.".
Tho-• ;r. Burns, Chair .. n
Bradley Ziev, Co-issioner
Gery L. Kozac.ac, Co-issioner
Ray Berlin, Co-issioner
Discussion -.s centered on the contracts as developed by Housing
staff. T .. nty-t.o contracts .. redeveloped on prop•rti .. owned by
&..dish ,..cHcal Center Foundation. Costs .. re developed based under
four cat-vorl•••
l. Propertt.. needing reheb Offer price equals
e.
eppraised price l .. s Robb Short's reheb .. tt .. te.
There .. r• t .. lve propert1 .. under this catevory.
Propertl ..
values.
ct..olit&on
under this
llllhere
Offer
costs.
catevory.
reheb costs
prlc• equals
There .. re
••ceeded property
land valu. l .. s
elQht propertl ..
3. Vacant Land Offer pr ce equals land price -
stated 1n &.edish 's -l11ng price. One property in
tnts catevory.
411. Vacant land •ith paved parking lot -Offer pric•
equals &.edlsh •s -• ling price 1.. costs to r...,ve
pa~t. One property &n th&s c at ry .
_g
oz
I
-
•
•
• •
Special EHA ...,_ting
Hltld 09/04/87
Next d i scussec:t -s
locat~ at 2107 W..t
of $75,000 and th•
crit•ria as d•v•loped
an off.r to purcha.. th• singl• f .. ily hou ..
S.k~ Av.nu.. n,. discussion r-ver~ th• off~
feet that the f .. ily .. t all of th• purcha ..
by the Board.
!LILL.l.JL~
IT WAS NJYED BY RAY IIEALIN THAT THE 0BU:WDDD HDUBINB AUTHORITY
ACCEPT THE PURCHASE OFFER OF e7S,OOO.OO fWJE BY THE ZAYI'LA FMILV ~
THE KlUSE LOCATED AT 2107 W. BAlCER IWE. BARY KOZACEK SECONDED THE
..:ITI~.
Av-s•
Nays I
Abstain.d•
Absent•
Burns, Zt-v, Kozac•k, S.rlin
Norw
Norw
Pal_.
Th• cheir-n cMc:lar~ the .,tlon carri~.
lULL.l.JL~
IT WMi fCNED .V IMRY KOZACEK TO M.JOlJAM THE SPEC 1M.. P1EET INB OF THE
fllll! EMDOD HDUBINB AUTHDRITY 80MD OF a...I-II»EAS HELD BEP~ 4,
1987. •-..rt ZIEB EIXINDED THE ,_,TI~.
Av-s•
Nays I
Mtateln.ct•
Mtaent1
llurns, Zt-v, Kozec8, Bltrhn
Norw
Norw
Pal_.
n. 0\air-n cMc:lar~ the .,tlon carrlM. The &p.cial ..._u,. of tM E,.IMIIOOCI HDuai,. Authority 8oerd of eo-,_ orwra held a.pt.-.r 4, 1987 edjourfWd at 9•30 ••••
I •
-•
• •
ENGLEWOOD URBAN RENEWAL AUTHORITY
September 2, 1987
I. CAll TO ORDER.
9 8 .
The regular meeting of the Englewood Urban Renew1l Authority was called to order 1t 5:35 P.M. by Vi ce Chainaan Ruth Cole .
Members present: VinDyke , Cole, Keen1, Mcintyre, Minnick, Totton
Hinson , Altern1te Member
Hinson , Acting Executive Director/Executive Secretary
Members absent: Voth
D1ugherty, Alternate Me.ber
Also present: Legal Counsel Mirlin D. Oppena1n
Director of Engineering Services Densel Ragland
Harold Stitt, Assist1nt to EURA Director
Penny Dietrich, EDOA Executive Director
City M1nager McCown
II.
Vice Chainaan Cole stated that th Hlnut s of August 5, 1987 were to be con -sidered for approval .
Minnick IIOved:
Totton second.O : Th Mtnut s of Augus 5, 1987 be pprovtd as vrttt n.
AYES :
NA S:
ABSENT :
ABSTAIN :
HI.
"
Cole, M nnick, Totton, VanOy ne
Voth
na , Intyre
d .
In y , M tc T t
• • • • •
1 •
0 A ort y on
on .
...
0
I •
•
• •
Mr . Voth entered the meeting at 5:50 P. M.
Mr. Opperman was excused from the meeting at 6:00 P. M.
Ms . Daugherty entered the meeting at 6:10 P. H.
• * * • • * * * • *
Minnick moved :
Keena seconded : The Author ity come out of Executive Session :
AYES: Keena, Mcintyre, Minnick, Totton, VanDyke , Voth, Cole NAYS: None
ABSENT: None
ABSTAIN: None
The motion carried.
Mr. Voth as su.ed the Chair.
IV.
Hr . Voth asked for a motion on the possible assignment and assu~tion of the
Redevelopment Agreement between the EURA and S. Bud Brady and Brady Develop -
ment Corporation to McCullough Associates, ltd.
Totton moved:
VanDyke seconded: The Author i ty approve the assignment and ass~tion of the
right s nd responsibilities of S. Bud Brady and the Brady
Dev lopment Corporation in that Agree.ent for Disposition
and R d v lopment with the Englewood Urban Ren al Authori -
ty dat d Nove.ber Z, 1983 . Said assign.ent and assu.ption
wi ll p rta i n only to the area kn~ as Trolly Square, that
area bound d on the north by We st Floyd Avenue, on the
south by Engl od Parkway, on th west by South Bannoc
Str et , and on the ast by Sou h Broadway .
r , H n lc , To on, V nOy • Voth , Cole , n
T 110 t n c rt
• 2 •
I .
V. ENGLEWOOD MARKETPLACE
Final Plans
•
• •
Mr. Don Slack, Slack & Associates Architects, entered the meeting.
Ms. Marj Nickum, Mr . and Mrs. Roger Robohm, Mr. and Mrs. len Rivkin, and Mr . and Mrs. Gary Christopher entered the meeting.
Mr . Hinson introduced Mr. Don Slack, architect for the Trammell Crow Company, who will be constructing the Englewood Marketplace.
Mr. Slack presented the Final Plans for the Engle wood Mar ketplace, and noted
that he has tried to address all of the concerns that were expressed by the
Authority following their consideration of the Preliminary Plans on August 5.
Mr. Slack stated that he had met with Mr . Hinson, Mr. Stitt, and Ms. Ragland
to further clarify and discuss these concerns. Mr. Slack stated that the
developer wants to have the site paved by Thanksgiving time to enable con -
struction to proceed during the winter months, to meet the projected opening
of the anchor stores in early 1988. Mr . Slack stated that leases have been
signed with Children 's Palace, Pier I Imports, Ponderosa Restaurants, and
Checker Auto Parts . They are negotiating a lease with another company for use
of a 12,000 to 15,000 square foot space . Mr . Slack pointed out that the
buildings in the Englewood Marketplace will be oriented to U. S. 285 . A walk -
way to South Ac~a Street on the north side of the Pier I structure has been
i nc luded in response to the Authority 's suggestion. Mr . Slack discussed the
exterior finish of the buildings, and the colors proposed for use. Pier I
w1ll make use of a lot of glass in their building, with the other buildings
using brick as th basic material with stucco trim . Mr . Slack also pointed
out that the design of the Pier I building is their corporate prototype .
The design of the par lng lot his been .adified, and th point of access his
been widened to allow one lane i ccess ind wo lanes for exiting purposes. Ad -
ditional handicapped parking spa c s hav b n Indicated on the parking plan,
also . M . Slac stat d tha th er wi ll be ans for p destrlan circulation
i nto and out of the Mar tplace , s hown a thr point s from the east and north .
Hr .
pi
t o b used for th d v lopmen , not i ng ha
ndlv1du al lt t rs with t nt r nal ill Ina ion
• J
•
I .
•
• ..
stocking area . There possibly will be a controlled exit from the store at the
rear of the building to comply with building and fire code requirements. He
stated that he would be happy to check with Children's Palace personnel
regarding the possibility of an entrance at the rear of the structure, but
cautioned that he would not offer much hope that this would meet with their approval .
Mr . Rivkin addressed the Authority and expre ss ed his concern that the design
of the Englewood Marketplace is such that everything to the east i s "iso -
lated ". He asked what wi ll happen to the land between South Acoma Street and t he Broadway /Aco ma all ey i n the 3400 blo ck.
Ms . Keena as ked how the pede s trian walkway on the north side of the Pier I
si t e align s wi th the walk -through on the west side of South Broadway, were
that to be projected thro ugh to South Acoma Street . Hr . Slack indicated that
th er e wou l d be approx i mat el y a 150 foot off -se t i n the alignment . Hr. Slack
agreed that there is need for conne ct i on to the South Broadway shopping area
across South Acoma and the vacant area between South Aco.a and the alley . He
i ndicated that the developer s hav e made prov isi on s at three different po i nt s fo r ped es tr i an access from th e nor th and ea s t .
Marj Nickum sta t ed her opinion th at the proposed developme nt wi ll shut off
access to an d from t he Trolley Square development as wel l as Sou th Bro adw ay .
Hr. Slack no t ed t hat prospecti ve merchants want a Hampden add r ess for t heir
stores. There f ore, the de ci sion was made to orient the struct ures to U. S.
285 wi t h the r ear of t he structures abut t ing the Engle wood Par kwa y . Mr. Slack
stated t ha t there will be building signs fac i ng bo t h U. S. 285 and Engl od
Parkwa y, an d there will be display windows on the buildings along Engl ewo od Park way .
Ms . Ni cku s t ated th at she fel th locat i on of th po nts of ped stri an ac -
cess would encour age "j ay wal ing •. Mr . Slack dis agreed with thts con t en t ion,
and po i nted out th proxi•t ty of th proposed access poin t s t o Intersection cross-al s.
• 4 •
I .
-
•
•
• •
Tenant s are i nterested in the site only if they would have visibility from
Hampden /U.S . 285 . Mr . Slack stated that the design of the Marketplace has not
precluded pedestrian or auta.obile access to and from the site . Mr . Slack
also stated that he felt a viable development on this site will generate addi -
t i onal develop.ent and leasing activity in the surrounding areas .
Mr . Christopher asked if the developer planned to try to sign the develop.ent
under the existing Sign Code. Mr. Slack stated that the site would be signed
i n accordan ce with the existing Sign Code provisions.
Mr . Rivkin again addressed the Authority and asked what the plans are for the
land on the east side of South Acoma Street; is this going to be an "island"?
Mr. Hinson discussed the background of the develo~nt fro. the ti .. of the
initial Agree.ent for Disposition and Develo~nt with Mr. Brady to the time
when the Authority had to put Mr . Brady into default and request proposals
from other developers for the portion of the area Mr. Brady had not developed.
The Authority received several proposals for this area, two of which were very
siMilar in design, and both of which oriented the structures to the Ha.pden
frontage. Neither developer indicated an interest in the property to the east
side of South Acoaa Street . Once the Englewood Marketplace develop.ent is
establ i shed , it will be logical to put the South Acoaa Street site out for
pr opo s als again .
Mr. Ri vkin stated that the developer of Englewood Marketplace .ust .. ke i t
easy for pedestrians to .ave fr oa east to west, and that there .ust be so.e
pr ov isi on for access at the cent er of th e proposed develo~nt . Mr . Ri vkin
s tated that the ".ud hole " on South Ac oma .ust be cleaned up , al so .
Ms. Daugherty asked about the pede s trian acc es s to Trolley Square, and asked
if the bus stop could be .aved closer to that point of access . Mr . Sl ack
s tated that the bus s top at its present location is central to the total
d e v e lop~ent , both th e Englewood Marketpla ce and Trolley Square .
Mr . Voth thanked the bus i ne ss people froa Broadway for their attendanc e , and
sugg es ted that the Author i ty go i nto Execut i ve Ses s ion to further discuss the fi na l Plan s .
Cole .oved:
en a seconded: The Urban R n al Authority go in t o Executtv Ses on on
the Final Plans for the Englewood Marketplace .
Minni e , Totton, Y nOy • Yo h, Col ,
H
n
Th .o on carr td.
na, ln yre
• • • • • • • • • •
: Th U b n A n 1 Auth rtty out of
A E To ton , V nOy , Yo h, Col , lnt , Mtnn c
on . I . •
ABSENT: None
ABSTAIN: None
The motion carried .
VanDyke moved:
•
• •
Totton seconded: The Englewood Urban Renewal Authority approve the Final
Plans for the Englewood Marketplace with the following stipulations:
AVES:
NAYS :
ABSENT :
ABSTAIN :
1. The Architect is asked to explore the possibility of a
rear entrance to Children's Palace .
2. The Architect is asked to discuss with Children's Pal -
ace ad•inistration the possible placement of display
windows on the south and east corners of the Chil -
dren's Palace structure .
3 . The points of pedestrian access be iMProved with
lighting and landscaping to •ake these accesses invit -
ing to pedestrians .
VanDyke, Voth , Cole, Keena, Mcintyre, Minnick , Totton None
None
None
The motion carried.
Hr. Mcintyre pointed out that the display windows on the rear of structures
will have to be secured to guard against break -in s and vanda11s•.
Mr s. Cole expressed co nce rn about the appearance of the rear of the bu sinesses
in the 3400 block of South Broadway , and s uggested that the Broadway .. rchant s
should be encouraged to undertake i~rov nt on their properties .
VI. FIIIMCJAL REPOlTS
nvest nt R port
Expenditure R port
Hr . not drawing down th funds as r apidly I
Hr . Totton d scuss th e p nd1 ur s
y hav b n on lh job . M . Ragland point d
ing h ld fro th ir pa nts.
Authority with a copy o 1 tt
taln r u , and ha
•
I • •
•
• •
allowed to substitute securities in lieu of the actual dollar retainage. Hr.
Hinson stated that at the last meeting, it was the consensus of the Authority
that holding the retainage was a motivation to the contractor to complete the job in a timely manner .
Mr. Minnick sugge sted that the staff reiterate the Authority's position that
holding the retainage is a motivation for ca.pletion of the job. Ms . VanDyke
suggested that the same response be given as was previously given on this request.
Ms. Ragland asked that the EURA staff check with legal Counsel on the sub -
sti tution of securities in lieu of retainage . Mr . Hinson stated that he would do so.
Mr . Totton stated that he felt the 1~ retainage was a protection to the Au -
thority. Ms . Ragland suggested that it is a protection in event the general
contractor does not pay sub-contractors and clai•s are filed on the project .
Mrs. Cole asked for an explanation on their co.pl1int about the project en -
gineer. Ms. Ragl1nd st1ted that this project engineer is 1 ~er of the
Mclaughlin Water Engineers tea•, 1nd th1t i t is his responsibility to Mike
sure that the job is constructed in accord1nce with the specific1tions . Brief discussion ensued .
Minnick moved:
Totton seconded: The Urban Renewal Authority direct the staff to respond to
RBI that the 1~ retain1ge will not be reduced, and that
securities In lieu of monetary retalnage will not be approved .
AYES:
NAYS : Voth, Cole, Keena, Minnick, Totton, VanDyke None
Mcintyre
None
ABSENT:
ABSTAIN:
The motion carried .
VIII. RELOCATION 1Etu£ST
oyce rsch
Col 110 :
n s cond
• 1 •
I .
•
• •
AYES :
NAYS:
Cole, Keena,
None
Mcintyre
None
Minnick, Totton, VanDyke, Voth
ABSENT:
ABSTAIN :
The motion carried.
IX. CERTIFICATE OF COMPLETI ON
Silo
Mr. Hinson stated that the Silo Store has been constructed in co.pliance with
the requirements of the Assign.ent Agree.ent, and has requested fro. the Au -thority a Certificate of Completion.
Mr . Mcintyre entered the meeting and took his place with the Authority .
Mr . Hinson stated that Silo has also requested a Quit ClaiM Deed from the Au -
thority for the portion of South Jason Street that will be vacated . This has
been discussed with Legal Counsel Benedetti . Mr. Hinson stated that Silo will
grant to the City of Englewood an utility ease.ent and the Quit Clai M Deed
wi ll be retained by the staff until the easement docu.ents are signed and f i led wi th the Ci ty .
Ms . VanDyke asked how Silo was doing business -wi se, and inquired about the
reasoning back of the reorganization of the co.pany . Mr . Hi nson stated that
he under s tand s that Silo i s doing pretty well on the s ales since opening , and
that the reorganization is that Cyclops Corporation will not be the parent
company, and that Silo , In c. will be the corporation for all Silo outlet s.
Totton 110ved :
VanDyke se conded : The Urban Renewal Authority approve the i ssuan ce of a Cer -
t i f i cate of COMpletion to Si lo , and the Is suan ce of a Qu it
Cla i • Deed for the west side of South Ja son Street upon
r ecei pt of an ut i l i ty ease.ent fro. Silo.
AYES:
NA YS:
AB SE NT:
ABSTAI N:
Kee na ,
None
None
None
ln ty r , Minn ic k, Totton, VanDyke , Voth , Col t
Br ie dfs uss on nsu
VanOy .a d:
na cond d : Th I •
-•
• •
AYES: MciNtyre, Minnick, Totton, VanDyke, Voth, Cole, Keena NAYS : None
ABSENT : None
ABSTAIN : None
The motion carried .
XI. LINCOl PIOPEITIES OF COLORADO
Hr . Hinson stated that Ms. Mary Anne Shube of Lincor Properties, is still pur -
suing prospective tenants for their site, and has one or two leads which look
pro.ising. However, the Schedule of Perfor.ance calls for preli•inary plans
on the site to be su~itted by Septe.ber 15, and this will not be possible
because an anchor tenant has not been signed. Ms. Shube has suggested that
they will, hopefully, have a better idea of a reasonable ti .. schedule by the
end of the month. Hr. Hinson stated that the staff would have a reca..enda -
tion of the a .. ndMent of the Schedule of Perfor.ance at the next regular meeting.
XII. LANSUIT UPDATES.
Hr . Hinson stated that In addition to the Physical llht•slcal case, there will
be a case on the valuation of the Hirsche property . There Is also a .. tter of
settling the clal•s of Individuals who clal• an interest in the Little Dry
Creek right -of -way . Wagner 's Dinettes has also filed suit against the Au -
thority asking for relocation benefits, to which our legal counsel has filed a response .
XIII. DEMDLITION.
Mr . Hinson asked Ms . Ragland to report on the de.olttton of the old King
Sooper 's building . Ms. Ragland stated that at the t t .. the box cu lvert wa s
constructed and the King Sooper 's Building was constructed over the culvert ,
the points wre the building foundation crossed the culvert was rebarred and
dowled In, but was not grouted l n . Extr ... care has been taken by the deeloll -
tion con tractor i n re.ovtng the foundat i on , and an Inspector has bten on si t e full-tf .. to wat ch th proceedings .
Mr . Totton asked for further l nfor.at t on on the apar t .. nt house cl a l• aga inst
RBI . Mr . Hinson asked that th is be discussed In Ex cuttve Session .
Minnick -oved :
Totton s cond : Th Author ty 90 Into E cut v
AYES : Mlnn c , To ton, VanOy , Voth, Colt, NAYS : Non
ABSENT : on
ABSTAIN : on
Th -at on c rr1
• • • • • • • •
T Urb n
n , In yr
ut
I .
•
• •
AYES: Totton, VanDyke, Voth, Cole, Keena, Mcintyre, Minnick NAYS: None
ABSENT: None
ABSTAIN: None
The motion carried .
XIV. LITTLE DRY CREEK FINAL PLMS
I>OWntown Area
Mr. Hinson stated that bids on the construction of the Downtown Area of the
little Dry Creek l~rov~nts are to be received on Sept.-bar 22 or 23, and a
special .. eting has been scheduled for Septe.ber 30 to award the contract for construction of the i~rove.ents.
XV. NISCELLANEOUS.
Mr. Totton suggested that the Broadway .. rchants who were in attendance be
sent a letter thanking th .. for the ir input. Mr . Hinson stated that he would write such a letter.
Mr. Minnick inquired about the soil stockpiled on the west side of Broadway
along the Creek. Ms. Ragland stated that the t-.porary channel work was de -
leted fro. the RBI contract and given to Flatiron, and the sotl ts a result of
that work . She stated that the staff has received an inquiry fro. a contrac-
tor who has expressed interest in the dirt and would haul it off tf he could get it for free .
~. Totton noted that with the higher water caused by the rainy weather this
last week, sand has washed down over soil at Shenaan . Ms . Ragland stated that the contractor will have to re.ove this .
Mr . Voth asked about a projected date fort openfng of South Shenaan Street .
Ms . Ragland stated that the staff will be rot .. llltng on South Broadway within
the next k, and paving on Bro ay aftd " fs projected to be done shortly thereafter .
T re be ng no further tN.tslness to c
ourntd at 8 :30 P. M.
. ) .
fo t Authority, t
I . .
•
• •
ENGLEVOOO LIQUOR LICENSING AUTHORITY
SEPTEMBER 15, 1987
The meeting was called to order at 7:30 p.m. by Chairman Styes.
Present: Mclaughlin, lunders, Styes
Absent: Waddell, Boar~n
The Chairman declared a quorum present .
Also present: Charles Grimm, legal Counsel
Patricia Crow, City Clerk
• • • • •
MCLAUGHLIN MOVED, SECONDED BY lUNDERS, TO APPROVE THE MINUTES OF SEPTEMBER 2, 1987.
Ayes :
Nays :
Absent :
Motion carried .
Mclaughlin, lunders, Styes
None
Waddell, BoardMan
• • • • •
The application for 1 Change of Corporate Structure of Mini Mart, Inc ., d/b/a
Mini Mart 1895, at 4696 South Federal Boulevard, was considered .
LUNDERS MOVED, SECONDED BY MClAUGHliN, TO APPROVE THE CHANGE OF CORPORATE
ST RUCTURE OF MINI MART , INC ., D/8/A MINI MART 1895 .
Ayes : Me laughlin, lunders , Styes
Nays : None
Absent : Waddell, Boardlnn
Motion carr ied.
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MCLAUGHLIN MOVED, SECONDED BY LUNDERS, TO APPROVE THE RENEWAL OF EL MAOEROS,
4595 SOUTH SANTA FE DRIVE (HOTEL/RESTAURANT LIQUOR LICENSE WITH EXTENDED HOURS) TO EXPIRE OCTOBER 16, 1988.
Ayes: Mclaughlin, lunders, Styes
Nays : None
Absent: Waddell, BoardMan
Motion carried.
LUNDERS MOVED, SECONDED BY MCLAUGHLIN, TO APPROVE THE RENEWAL OF PADDY BOOTS,
5180 SOUTH BROADWAY (HOTEL/RESTAURANT LIQUOR LICENSE WITH EXTENDED HOURS) TO EXPIRE OCTOBER 18, 1988.
Ayes: Mclaughlin, lunders, Styes
Nays: None
Absent: Waddell, BoardMan
Motion carried.
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LUNDERS MOVED, MCLAUGHLIN SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER THE
APPLICATION OF METRO OIL COMPANY DBA VICKERS 12353, AT 4596 SOUTH BROADWAY FOR
A FERMENTED MALT BEVERAGE LICENSE (3 .ZS BEER OFF -PREMISE).
Ayes : Mclaughlin, lunders, Styes Nays: None
Absent: Wadde 11 , Boardllln
The Chalnaan declared the .otlon carried and the publ ic hearing open.
Roll Call:
Present : Mclaughlin, lunders, Styes
Absent: Waddell , Boardllln.
The Chalnaan declared 1 quoru. present .
The applicant was represented by Jon Stonbraker (Supr ... Court 19517) of Dill, Dill I McAllister .
Max Scott, Oedipus , Inc ., was present to present pet itioni ng/surv ey result s.
Th foll lng exhibits r entered into the record by the City Cl rk :
J. z.
3 .
Ctty Exhtb t A -Application and all suppor lng docu.en
Ctty Exhlb t B -Publish r's affidavit
City Exhibit C -Map outltntng th destgnattd boundaries, proposed site and e lstlng st•llar outlets
M s. Cr stattd that the City Clerk's office had not r celvtd any calls or
wrl n protest cone rntng th approval of this 1tc ns
Chat n Sty s a
ppl c lon; no on
Into th ol"d . WI h
t prot st th s
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The following witnesses, duly sworn, were called by Attorney Stonbraker on
behalf of the applicant:
3
Ti.athy Leff, 350 East Bellwood Drive, Englewood CO, 1 resident of
the defined neighborhood.
Ray Silva, 4220 South Pennsylvania, Englewood CO, a resident of
Englewood, but outside the defined neighborhood.
Both witnesses stated they were at least 18 years of age on July 29, 1987,
that on occasion they purchased 3.21 beer; were faMiliar with the existing
J.ll Beer outlets, and were of the opinion that the needs and desires of the
neighborhood were not currently being Met and that they were desirous that the
application be approved.
Max Scott, Oedipus, Inc ., duly sworn, testified as to the survey results of
the petitioning done by his fin1 on behalf of the applicant. Mr . Scott stated
that of the 1,046 doorknocks, representing 1001, 499 qualified contacts were
Made; of those contacts, 223 signatures were obtained favoring issuance, 131
signatures opposing . There were 145 qualified contacts who did not sign the
petition for various reasons. Based on "Needs and Desires Criteria,• 63 .031
of the qualified contacts were in favor of the issuance of the license, 36 .971
were opposed. Mr. Scott stated this was a typical response for a 3 .2
off.pr .. tse survey report. Mr . Scott responded to questions of Authority
...C.rs and counsel concerning a •typical" response and other Matters relative
to th petitioning procedure .
The survey report, .. rked Applicant Exhibit 2, and the acco.panytng petition s,
Marked Applicant [xhibits 21, 2b, 2c, and 2d, were entered into the record .
Ch1in11n Styes 1g1tn called for anyone tn protest of the application . As
there w1 s no one present, Mr . Scott was excused.
Att
lnt
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It was noted for the record that no one had appeared in opposition to the issuance of the license.
The Authority recessed into Executive Session at 8:37 P·•· The public hearing
was reconvened at 10:05 p.m. with Mclaughlin, lunders, and Styes present, Waddell and Boardman absent.
lUNOERS MOVED, MCLAUGHLIN SECONDED, TO DENY THE APPLICATION FOR THE 3.2
OFF -PREMISE liCENSE APPLICATION. THE TOTALITY OF THE EVIDENCE PRESENTED SHOWS
TWO OTHER 3.2 OFF-PREMISE ESTABLISHMENTS WITHIN THE DEFINED NEIGHBORHOOD AND
WITHIN 1,000 FEET OF THE PROPOSED APPLICATION, AlSO ONE 3.2 OFF -PREMISE
liCENSE ON THE EDGE OF THE DEFINED NEIGHBORHOOD . THEREFORE THE NEEDS AND
DESIRES OF THE NEIGHBORHOOD ARE NOW BEING SUFFICIENTLY MET. It was clarified
before voting that an •aye• vote ~ans to deny the approval of the
application, 1 •nay• vote kills the .ation.
Ayes: Mclaughlin, lunders
Nays: Styes
Abstain: None
Absent: Waddell, Board.an
The Chair..n stated that based on the above vote record, the .ation carried and the application was denied .
Mr . Stonbraker inquired as to the Board 's position on .ations to reconsider .
He was advised the Authority would consider such 1 .ation, because the
evidence in this cue showd the needs and desires were not being •t and the
applicant had established 1 pri .. facie case for granting the license and
there were no protestors. Mr . Stonbraker ~sted ten days to subalt a
-atlon to reconsider stating In his opinion the action of the Board Is
contrary to Colorado hw and requested perwhston to subait a brief and uk
the Board to reconsider tts posttton based on the authority to be subaitted.
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holding fund, when the City receives the bill fro. Oedipus after the public
hearing, the bill is paid out of that escrow holding fund . She further stated
that at the ti~ the application is received by the Authority, it ts clarified
whether or not the applicant is satisfied to have Oedipus conduct the survey.
Mr. Stonbraker again asked the Board to reconsider its position or to withdraw
the .otion denying the application.
After discussion ..angst the Authority ..-bers, Mr. lunders •ade the following
stat~nt:
THE MOTION THAT WAS MADE BY MEMBER LUNOERS BEARS DISCUSSION AND MR . LUNOERS
WOULD LIKE TO CALL THE MOTION BACK ON THE FLOOR AND ASK FOR ANOTHER VOTE ON
THE MOTION PREVIOUSLY PRESENTED. The previous .otion was read by City Clerk
Crow. It was again stated that an •aye• vote is to deny, 1 "nay• vote, siMply
kills the .otion. Vote results on the reconsidered .otion were:
Ayes: lunders
Nays : Mclaughlin, Styes
Abstain : None
Absent: Waddell , Boardun
The Cha1~n declared the .olton dented, the application will be further
considered on October Zl, 1987 at 8:00 p.•. when this public hearing will be
reconvened.
Mr . lunders .. o. the following stat ... nt :
• I .. not satisfied with the evidence presented tonight. I feel it
is inco.plete and further Investigation of evidence, 1 feel, ts
warranted . I would ltke to know, at thts point, the population of
the defined netghbo~ •• •
Mr . Rogers supplied that tn for-.tton · approxt .. tely 5,500 people with
approxt .. tely Z,ZOO holies, z.s resfdel'lts per holle.
Lund rs continued,
• let 's put t ord , 5 ,500 peopl •
con l'lu "'
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Discussion ensued concerning voting privileges of the other two -..bers who
were absent during this public hearing. It was decided that Mr. Waddell and
Mr. Boa~n should listen to the electronic tapes of this .. eting if they
wished to vote on the issuance of Metro Oil 's 3.21 Beer Off-pre.ise license
when the public hearing is concluded. Mrs . Crow was instructed to contact Mr .
Waddell and Mr. Boa~n to uke the necessary arrang ... nts.
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The .. eting adjourned at 10 :30 p.•.
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CITY OF ENGLEWOOD PLMNIN& All) ZOIUN& COIIUSSION
SepteMber 22, 1987
I. CALL TO ORDER.
The regul1r meeting of the City Pl1nning 1nd Zoning Co.mission w1s tilled to
order by Ch1irm1n C1rson 1t 7:00 P.M.
Members present : B1rbre, H1nson, Jolk, M1un1ke1, Mulhern, Russell, C1rson
Rom1ns, Ex -officio
Members 1bsent : Allen , Such
Also present : Senior Pl1nner Hirsch
II. APPROVAL OF MINUTES
Septeiber 15, 1987
Ch1lnatn C1rson st1ted th1t the Minutes of Septa.ber 15, 1987 were to be con -
sidered for 1pprov1l.
M1Un1ke1 IIOVed:
B1rbre seconded: The Minutes of Septa.ber 15, 1987 be 1pproved 1s written .
AYES: Barbre, H1nson, Maun1ke1 , Mulhern, Russell , Carson
NAYS: None
ABSTAIN: Jolk
ABSENT: Allen, Such
The 110tton wa s approved .
Ill. CAS( fll-17
Ch1ina~n Carson stated that the Issue before the Planning C~isston Is a pro -
posed prelt•lnary subdivision pl1t for the Angle Subdivision . Notice has been
given to adjoining property owners by Certified Mail. He asked for a 110tion
to open th Public Hearing.
lh rn 110 ed :
H nson cond : Th Pu ltc artng on cas 111 -87 o n •
Jol , un lh rn, Russ 11, Barb , C ron
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Barry Shields
4960 South Fox Street -was sworn in, and stated that he is president of Angle
Tree Company. The property is owned by Charles and
Rosetta Angle. At the present time, the property is
being used as a tree service company, which is in com-
pliance with the Comprehensive Zoning Ordinance. Mr.
Shields testified that Mr. Tom Francis, President of
Winsor Industries, has approached Mr. and Mrs. Angle
regarding the purchase of approximately two acres on
the east of South Navajo Street extended for the ex-
pansion of his business. Mr. Shields stated that it
is his understanding the City plans to develop South
Navajo Street from West Oxford Avenue to West Tufts
Avenue in the early 1990's. Mr. Shields testified
that the property owners 1re willing to dedicAte the
right -of -way for South Ntvtjo Street from Sttnford to
Radcliff to the City at this time, and in return for
the dedication of ltnd fro. the property owners, he
understands that the City will pay for the improve-
~nts to the street. Mr. Shields sttted th1t he fur -
ther understands that, depending on the closures of
intersections crossing South Stnta Fe Drive, the State
might contribute funds to the City which would be used
for the 1~rove.ent of South Navajo Street. Mr .
Shields stated that if the pl1t is tpproved, the prop -
erty owner would not expect the i~rove.ent of the
street i.-edlately, but the plttting of the property
would tssure 1ccess to the two 1cre site which Mr .
Francis hts expressed interest in.
Mr . Ctrson tsked if th re re questions fro. the Co..ission of Mr . Shields.
Mr. Maunake1 as d at lots M . Frtncls wa s inter sted ln. Hr . Shields
stated that Mr . Francis has expr ssed interest in lots 1 and 2 on the east
s de of the property . Th right -of-wty for st Radcliff Avenue , which bor ·
d rs the property on th nor h, is already dedicated and there 1s acc ss on
h south fro. his property tch fronts on st Stanford Av nu . Mr . Sh elds
s ated th1t lo 8 on lh nort st corner of t s te is currently letsed to
itz Ra11ro d Ti C tny .
Sht .ld s lted hat h has r d
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Mr. Carson asked if anyone in the audience wished to speak in opposition to
the proposed subdivision. No one spoke in opposition.
Ms. Susan Hirsch was sworn in, and addressed the agreement with the City on
the improvement of South Navajo Street. The usual procedure is that a proper -
ty owner dedicates the right-of-way, and is responsible for •aking the iM-
provements to the street, also. This is a very expensive undertaking for the
property owner. The improvement of South Navajo Street is necessary for traf-
fic circulation between Tufts and Oxford, and the paving May be advanced on
the overall Paving District timetable. The City also needs to install a storm
drain in this area, and in exchange for the dedication of the right-of-way,
the City of Englewood will make the iMProve.ents and place the street in a Paving District.
Ms. Hirsch stated that Lots 3, 4, and 5 of the proposed subdivision cannot be
developed until there is access fro. South Navajo Street.
Mr. Mulhern asked what incentive the State would have to contribute funds that
would be used on South Navajo Street. Mrs. ROMans stated that the extent of
their interest would depend on the nUMber of intersection crossings on South
Santa Fe that are closed. South Navajo Street is necessary to provide a
north/south route for industrial traffic in the area.
Mr. Hanson noted that in Mr. Shield's presentation, he had .. ntioned the pos -
sibility of a cul -de -sac on West Radcliff Avenue. If there is to be a cul-de -
sac, should there be 1 provision for additional right -of -wa~ for the turn -
around shown on the plat. It was deter.ined that right -of-way for the cul-de -
sac would not be required to be dedicated.
Ms . Russell asked if a budget had been developed for the iMProv ... nt of South
Navajo Street . Ms . Hirsch stated that she understood the developMent was
projected for 1992 or 1993, and that the applicants plan to ask that the t•-
prov nts be accOMPlished at an earlier date tf possible .
Mr . Mul rn asked tf Mr . Shields was are that Lots 3, 4 , and 5 could not be
sold or developed until South Navajo Street ts developed. Mr. Shields stated
that he fs are of thfs. Mr . Shields stated that . Kahl had SUf91Sted that
the property rs request the inclusion of the ri9ht -of-way tn a pavtng dts -
rtct tn 1990 . He noted that the property own rs wfll also have the respon -
sfbfl ty of paving th rfght ·of-way along s R ltff Avlftu..
Cfty
T Publ c on Ca ll 17 cl
Maun a, "'· u 11, C rs
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Mulhern moved:
Barbre seconded: The Planning Commission approve the Preliminary Plat for
Angle Subdivision with the following conditions:
AYES:
NAYS:
ABSTAIN:
ABSENT:
1. An agreement with the City concerning the dedication
and improvement of South Navajo Street through this
property be signed by all parties prior to final plat approval.
2. Lots 3 -5 cannot be sold prior to the improvement of
South Navajo Street through this property.
Jolk, Maunakea, Mulhern, Russell, Barbre, Hanson, Carson None
None
Allen, Such
The motion carried.
IV. LMDSCAPE ORDINANCE CASE 115-87
Mrs. Romans stated that copies of the staff analysis of the suggestions sub-
mitted by the Chamber of Commerce were given to the Commission at the meeting of September 15.
Hr. Carson suggested that each suggestion fro. the ChaMber be discussed and a determination Made.
The first suggestion of the ChaMber, regarding §16 .4·18 a (1), was considered .
The Co..ission felt that the proposed deletion was unjustified, and that this
particular section should r.-.in in the ordinance .
The second suggestion pertaining to §16.4 ·18 b (1) (a) wa s considered. Ms.
Hirsch stated that this provision is difficult to enforce, and could result in
probleMs because of "sel ctive enforc ... nt•. Mr . Hanson suggested that con ·
centratlon should be on a chang of "use• rather than a change in "ownership"
to trigger co.pliance with the landscape provisions . Mr. ~lhern asked
wh ther the ca.pllanc notice would bt directed to the tenant or the property
o r . He noted that a tenant will not be Inclined to co.ply with there ·
qulr n s, and tha th landlord, f not ifi ed of th n c ss ty to co.ply,
ould only incr as th r ntal rate to th tenant . M . Mulh rn s tated that i n
opinion, co.plianc t th landscape ordinanc s h r ponslb 11 y of
prop r not r pons i 1 y or th n n •
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Romans stated that the staff is concerned about the "selective" enforcement
matter, and noted that it is extremely difficult to determine when a property changes owners.
Mr. Mulhern suggested that the "change of ownership" and "change of use" are
two sides of the same coin, 1nd th1t perhaps the two provisions could be com-
bined in some way. Mr. B1rbre 1sked if the "ch1nge of ownership" would 1pply
if the ownership were to rem1in within the sa.e fiMily.
Mrs. Rom1ns discussed the possible developaent of 1n "administrative variance"
which could 1pply to a number of situ1tions wherein there is no possibility
that a property owner could comply with provisions of 1n ordin1nce. She sug-
gested the st1ff could work with 1 property owner or ten1nt to get so.e com-
plilnce. Mr. Mulhern st1ted th1t this 1ppro1ch could "•Ike a lot of sense,
but doesn't reilly solve the probleM of when the l1ndsc1pe co.pliance is triggered. •
Ms. Russell st1ted that she thought Mr. Mulhern's suggestion that the two pro-
visions be co.bined w1s 1ppropriate.
Mr. Mulhern suggested that perh1ps the sales t1x license forMs could be
MOdified to cont1in 1 st1te.ent 1sking whether the s1les t1x 1pplicant w1s
renting the property or hid purchased the property.
Mr. M1unakea noted that several properties have been vacant for 1 period of
ti.e; if these properties had been landscaped, who would have been responsible
for the .. intenance of this landscaping. Mr . Hanson stated that the property
is owned by so.eone, and the property owner is the responsible party for .. in -
ten•nce of the landscaping.
It was the consensus of the Ca..ission that this issue should be considered
further at a study session.
Suggestion 13 on §16.4 -18 b (l)(d) was considered, and was approved .
Sugg stion 14 on §16.4 -18 b (2) was considered . It was suggested that the
staff rewordift9 be Modified by addift9 the word "lot• so that ft reads ... Sl x
101 of the LOT area . Further discussion ensued. Mr . Jolk suggested that per ·
haps the 101 figure should be on the perl .. ter figure rather than the total
acreage of a large site. Mr . Carson suggested this provision also be con ·
s d red at a study session.
r . Maunak a xcu ed ht
S st on S rt
tha this provision
landscaping pro td
H r ch st ated t
lf frM th
l t f ng propos d by th s a
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Suggestion 18, §16.4-18 c (2), was considered. The Commission agreed that this provision does need further study.
Suggestion 19, §16.4-18 d (1) was considered. This section was modified to require 5~ living material.
Suggestion 110, §16.4-18 d (2) was then considered. The word "square" will be
lined for deletion; the section was then approved.
Mrs. Romans stated that there is nothing on the agenda for the next Commission
meeting scheduled for October 6, and suggested that the C~ission could study
the Landscape Ordinance further at that Meeting.
Mr. Jolk stated that someone in his neighborhood cut down an elm tree and a
pine tree, and had the wood cut for firewood. So.eone fro. the City ca.e out
and infor.ed this gentleman that he had to have this wood hauled off iMMedi -
ately; that he could not stock it on his property. Mrs. Romans stated that
there is 1 prohibition against storing el• wood on any property in the City because of the el• tree disease.
Y. FINDU•s OF FACT CASE 119 -87
Chairman Carson stated that the Findings of Fact for Case 119-87, a Condition-
al Use for a Minute Lube station at 4890 South Broadway, were to be considered for approval.
Barbre 110ved :
Mulhern seconded: The Findings of Fact for Case 119 -87 be approved as
written .
AYES: Mulhern , Russell, Barbre, Hanson, Carson NAYS : None
ABSTAIN : Jolk
ABSENT: Mauna ea, Allen, Such
Th 110tion carrttd.
Chain.an Carson stated h Findings or Fac for Case 22 ·87, a conv ntenc
store at 3101 Sou h Bro day, r to con id r d for approv11 .
o F t f u
AYES : • Han on, C r on
U h , Uft a
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VI. PUBLIC FORUM.
Mr. Carson noted that there was no one in attendance to address the Commission
in Public Forum.
VII. DIRECTOR'S CHOICE.
Mrs. Ro.ans stated that the Subdivision Regulations, as revised, will becoMe
effective on October 9, 1987.
Mrs. Ra.ans stated that the Planning Ca..issioner's Handbook is very out -of -
date . Copies of sections that were in neld of revision were given to the At -
torney's Office soae ti.e ago, but they have not had ti.e to address this is-
sue. Mrs. Ra.ans suggested that the Planning staff •ake whatever changes they
can, and that this be discussed with the Ca..ission at a study session.
Mrs. Romans stated that she would schedule the study session on October 6 for
Conference Roo. A.
Mrs. Ra.ans stated that the City Council approved the State Highway Work Pro -
gra• as reco..ended by the Planning Ca..ission, and did not change the priori -
ty list reca.ended by the Ca..tssion.
VIII. CORMISSIOIEI'S CHOICE.
Mr . Carson -.lca.ed Mr. Richard Jolk to the Ca..ission . Mr. Jolk was ap -
pointed to fill the vacancy created by the resignation of Mr . Magnuson .
Mr . Carson asked about the ru.or he had heard that the Englewood Housing Au -
thority is purchasing so.. of the houses owned by Swedish Medical Center .
Mrs. Ro.ans stated that EHA has aade an offer to Swedl$h for all of the
properties.
Mr . Jol asked if the Co.pr hens 1ve Plan was pretty co.plete and enca.passlng .
Mr . lhern stated that i t ts •co.prehens1ve•. Mrs . Ru sse ll and Mr . Carson
both 1nfon.ed Mr . Jolk that the Ca.prehenslve Plan will be considered for
r vision.
T re being nothing further to co.. before the Ca.luton, the e t lng was
d cl ared adjourned at 9 :05 P·•·
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OODIIWCE NO.
SERIES OF 1987--
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BY Al1l'HORITY
CXXJNCIL BILL NO. 62
:rN1'R!lX£ID BY COOl'CIL
~amm BRADSHAW
Atl OODINAOCE REPEALIN:> OODINAOCI: NO. 4, SElUES CF 1980, RElATING TO THE
OPCRATIOO OF A CABLE TELEVISIOO SYS'ml \ii'nfW THE CITY CF FliGLEH:XD, MD
SUII·U TTWG TO TilE QJJ\LIFUD ELIX:'1'00S CF THE CITY OF ElG.EHXX> THE ~IOO
OF TilE CITY OF EllGI'..IlnD GMNI'WG A FRAOCHISE TO ~I'lm CABLE CF CQLCIW)(),
I'm GlXX:LSSOI'lS, TIWlSFrnEES, AriD ~IQlS, TO ERfX:T, 00~, OPERATE MD
l·IAII'Il'J\Itl IN, ~. l\UH:i, ACRa3S, AI!OIE, ~At«>~ Tim S'mEETS, ROIWS,
I!ICil\11\YS, vrllULS, 1\LLEYS, VI!IDUCTS, DRIDGE5, SIW·W.KS, PUBLIC IJl'ILITY MD
CJnirn PUilLIC 1':.\SDU'lll'S , PUIILIC HAYS NID PUilLIC PLAC&S MD O[l)ICATIOOS MD
ru:sr.R\fl\TICllS Ill TilE CITY OF ElX:iLIUX:D, 00111 AS !Ol W CUS'l'flCE At«> AS MAY
or: au:ATI'D 00 CSTAI3LISH[l) OORIN:> TliE TCR!I OF SAID F".<AlOU:SE; ANY PCLES,
lliRCS, C.\GLES, Nll'IN'UIS, ANC:l'mS, GUY UI.RES, LINES, ~. UAVEXJUIDES,
lliXlOO.l'lD CCIWITS, I·WD"D.ES MD CJniCR TELLVISIOO, Ali>IO CR ELEX:TRICAL
cal!X.CIUlS, ~, ~mn'lrr, FJtLILITICS, MD FI.X'ruRES NOCESSARY r<::R
Tin:: f.l,\I!mlW At Cl'ERl\TICl~ or A C.\DLE TCLLVISI l SYSTCI f"CR PJUXX:IN:>,
rux:r:rvnx::, T:WlSIITTING, AIIPLITYING, DismiJ:lll'Il«i, MD SILLIN:> AUDIO,
VIDID, ' ICR PCRIS OF IUX:mCtliC 00 I:I.JX:TRICAL SIQW.S At«> THE RIGHT TO
m; S::r.' T1 $."11-n:: A.."'D IiUI Tin:: nlliADITAtll'S CE nn:: CITY CF IN:il.ElUD; At«>
r.Dtnl:: 'nlf ':"rn!·J!j lD OOlDITI " 'nmRIDF; MD P~Ill> FOO TilE CALLIN:> MD
ta..Dll OC CIJ Cl'..o::TICN l SAID ~IOO, nn:: TCRf·UNATIOO OF THE
, '-~:' ~ Tllr: C<IDfl'Im 1\tl> III.IVmY OF SAID FRN«:::USC
ITS r>nOPOSID TI:X , IF nn:: r-ESULT OF SOCH Wl'E CF THE
T SOCII wrri SIU\LL 111\VE BC:l OE'l'DtUNED TO IUWE ~
'1111': GWn' OC SAID F1W IISI:, Atl> DOCLAAI.1'l> Nl ~.
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tD-1, ~, BE IT CRlA.INID BY THE CITY' O::UCIL <F 'lliE CITY' <F
E2G.a"«X:D, COI.CRlUlO, 'llfAT:
Section 1. At the next regular llllrlicipal election to be held in the
City of Fhgl-m on NcM!ntler 3, 1987, there shall be and hereby is
sutr.Utted to a vote of the qualified electors of the City of Fhglewood the
CJUeStion of granting United cable of Coloraro the franchise hereinafter set '"'
forth.
Section 2. 'llle voting IIIIIChines and paper ballots for said election
shall carry the following designation which shall be the sui:Jnission clause:
SUAIL TilE OOALIFIID ~ <F THE CI'IY <F t>Gao:D GRAN!' A
FIWCITSE TO WITED CABLE <F CD.<IWlO?
Each elector voting at said election and desirous of voting for or against
said franchise shall indicate his choice by depreuing the apprq>riate
oountcr at the voting IIIIIChine which indicat• the word "For" or "Against"
or by the apprcpriate marking~ paper ballots, loh!re used.
Sectaon 3. 'llle following is the franchise to be voted ~ at the
next qenerl\1 A.ln i c i pal e lection:
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1. SIIORT TITLE
This franchise shall be known and may be cited as the United
Cable of Colorado Franchise.
Mountain States Video, Inc. commenced construction of a
Cable Television System in Englewood pursuant to Ordinance No. 4,
Series 1980, by which Council granted a cable television permit
to such company. Such ordinances have been ruled invalid by the
Colorado Supreme Court.
The purpose of this Franchise is to confirm Mountain States
Video, Inc.'s, or its successor in interest United Cable
Television of Colorado, Inc.s (hereinafter Company or
Franchisee), right, privilege, and authority to construct and
maintain its Cable Television System in the streets, alleys,
easements, and other public ways and places of the city. The
Company's use of the streets, alleys, easements and other public
ways and places of the City from and after passage of Ordinance
No. 4, Series of 1980, for said purpose is hereby approved,
ratified and confirmed.
2. DEFINITIONS:
For the purposes of this Franchise, the following terms,
phrases, worda and their derivations shall have the meaning given
herein. When not inconsistent with the context, words uaed in
the pr aent tense include th future, words in the plural numb r
inclu~e the singular number, and words in the singular number
inc lud the plural number. Th word •shall• is always mandatory
and no mer ly directory. ~o rds not d fined shall be given the r
c ommon and ordin ry mean i ng.
A. BASIC
CAB L
C . CA
CA
-1 -
different
ra ,
c • or
ona Pol cy Ac
I •
D . CITY
•
•
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the origination, receipt, transmission, and
distribution of voices, sound signals, pictures,
visual images, digital signals, telemetry, or any
other type of closed circuit transmission by means
of electrical or light impulses, whether or not
directed or originating signals or receiving signals
off the air.
is the City of Englewood, Colorado.
E . COUNCIL -is the City Council of Englewood, Colorado.
F. FCC-is The Federal Communications Commission and
any legally appointed , designated or elected
agent or successor.
G. FORCE ~~JEURE -shall mean, without limitation the
following: acts of God, strikes, lockouts or
other indust r ial disturbances, acts of public
enemies, orders of any government of the
United States or of the State of Colorado, or
o f any of their departments, commissions,
agencies, or officials, failure of vendors to
a upply equipment on a ti.ely baa1a, ather
and any other cause or event no reaaonably
wi hin the control of the Franc 1
F CHIS
y
I. HI
ny
h
J ,
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•
•
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fees, leased channel rentals, advertising
revenues,and all revenues received by the
Franchisee from the resale of programming or
other services; provided that Gross Revenues
do not include the following:
1. Any sales or use taxes or other taxes on
services furnished by the Franchiee imposed
directly upon any Subscriber or User by the
state, City or other governmental unit and
collected by the Franchisee on behalf of
said governmental unit; or
2. The revenues of persons or entities,
inc luding affiliates of Franchisee or any
entity in which Franchisee has a financial
interest, who provide programming or other
services to the Franchisee and also to the
cable television industry in general; or
3. The revenues of persons or entities,
including affiliates of Franchisee or any
entity in which Franchisee has a financial
interest , who lease channels or other
spectrum space on a leased basis from the
Franchisee, but not excluding from Gross
Revenues channel rentals received by
Franchisee; or
4. The revenues of an affiliate of the
Fr nchisee , or an entity in which
Pr nchi e has a !inanc1al interest,
. s .
7.
d r1v d from ita conduct of th buain •• of
providing security and alar• aerv1c a to
r a d nts and other users within the City;
provid d that all ch nnel rentals or other
s uch paym nts to b p id to Franchl& by
sa 1d !filiate or nt y for use of th
ranchia 'a CATV Syat in conn ction with
such a curity nd l r buain •• shall
nclud d in Gross ~ v nu ' o r
0
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•
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K. MULTIPLE DWELLING UNIT - a building including more than
four (4) separate residential units.
L. PERSON -is any person, firm, partnership, association,
corporation, company or organization of any
kind.
r-1. PUBLIC AGENCY -shall mean an agency which is supported
wholly or substantially, by public funds.
U. PUBLIC, EDUCATIONAL AND GOVERN!·IENTAL (PEG) CHANNELS -
shall mean those channels which, by the terms
of this Franchise agreement are required to be
kept available by the Franchisee for partial
or total dedication to public access including
local orga nizations, educational access, or
local governmental access .
0. SALES OR USE TAX -means any sales or use taxes or other
taxe s on services furnished by the Franchisee
iMpo sed directly upon any Subscriber or User
by the state, City or other governmental unit
and collected by the F ranchisee on behalf of
said government unit.
P. STAFF CABLE TV co~miTTEE -is a committee consisting of
t ity sta ff a ppointed by the City Manager.
Q. STATE-OF-TIIE-AR'l' !>YSTEfl -s hall nean one which is as
advanced a s the current state of production
techno logy will allow, excluding exp rimental,
p i l ot or d monstrat on systems .
R. an a person or organization whose
pr m1a r physi cally wired to r c iv any
ran n1aaion from h System.
S. SUBSCRIBER S·RVIC DROP-sh 11m an s uch xt naion
wir 1ng fro h Franchi& e distribution lin s
to a Subscrtb r•a building or pr mia a .
T. T CH ICAL MIL
construe
r nchis
a and rd
U. US R -d •
or
-4 -
0
(1) mil of
chann 1 a a
ion and/or
as a ubscri r,
r al. I • •
......
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3. GRANT OF NONEXCLUSIVE REVOCABLE FRANCHISE.
A. There is hereby granted by the City to the Franchisee a
nonexclusive revocable, in accordance with the Charter
and ordinances of the City, Cable Television System
Franchise for the right and privilege to construct,
erect, operate and maintain, in, upon, along, across,
above, over and under the streets, alleys, easements,
public ways and public places now laid out or dedicated,
and all extensions thereof, and additions thereto, in
the City, wires, cables, underground conduits, manholes,
poles and other television conductors and fixtures
necessary for the maintenance and operation in the City
of a CATV System for the interception, origination, sale
and distribution of television, radio and other
communications signals on the terms and conditions set
forth in thi s Franchise , subject to the licenses and
permits required by the Charter, Municipal Code, and
applicable rul es and regulations of the City, as
amended. I t is no the intention of this section to
grant rights or privileges that are beyond or in
addi tion to the title, power, and authority of the City
to grant, and now rr nty or representation is made
conce rning any such rights or privileges or the City's
power or author1ty to grant the same .
B •
c .
1. nd
11
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2. This Franchise shall be construed as a whole so as
to give consistent, harmonious, and sensible effect
to all of its provisions.
3. Upon the effective date of this Franchise, the
provisions of this Franchise shall supersede any
provision of the Englewood Municipal Code
specifically pertaining to cable television in
existence on the effective date.
D. Execution, effect1ve date, and duration of franchise.
1. This Franchise and the rights, privileges and
authority qr nted hereunder shall take effect and be
in force ron and after the effective date of this
Franchise as specified in this section, and shall
continue in force and effect for a term of 15 years
thereafter.
2. Within fift en (15) days after approval of this
Franchise by vot of such persons residing within
the City s ar ntitled to vote upon the granting
of this Fr nch1s , th Franchisee sh 11 signify its
acceptanc of his Franchi& by executing this
Franchis . The City shall concurrently x cute this
Franchi se ,nd the Mayor of the City and any oth r
neces ry or prop r officials of the City re h reby
authoriz d and d1rccted to s1gn his Franch s in
the n m h C1ty , and h Ci y Cl rk 11 h reby
authoriz d1r ct d to t at o th a , und r
seal of Ci y, nd to do all th1nga n c asary or
h d l1v ry th1s Fr nchia , nd for fully
carry1nq ou s
3.
4.
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circumstances beyond the Franchisee's control. Any
forfeiture or ter~ination of this Franchise shall be
subject to procedures set forth in Section 28 of this
Franchise.
F. Any franchise granted hereunder shall be subject to the
right of the City:
1. To repeal the same for misuse, nonuse , or the
failure to comp ly with the provisions of this
Ordinance, o r any other local, state or FCC rules
or regulations subject to procedures set forth in
Section 28 of this Franchise.
2. To requir prope r and adequate extension of service
to all entities requesting service whic h are located
within the City in areas with a density of
seventy-five (75) "potential" Subscribers, per
Technical lllle or qreater. The Franchisee shall
continue to Make orderly ext nsion of service with
all du and reasonable diligence to any current or
futur dr ,s of he Ci y not currently served by a
cable syst m.
Notwithstanding any other provi 1on herein, 1f th
density 1s 1 ss than e1g ht (8) households ( xcluding
multipl dw lling units) per 1,000 feet of
distribu 1on c ble len~th, as measured fron th end
o th .r st c iv di r1bu ion cabl , Fr nchiae
ah<tll allow,.d o charq an installa 10n
aurch u 1 to Fr nch1s 'a cost of 1natall 10n
and a 1 Mon hly serv1c Franchla
ah 11 Councll o such 1al r
-7 -
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on an annual basis of any recomputation of these
differential rates .
Notwithstanding the foregoing, if installation of
cable service to any potential subscriber requires a
Subscriber Service Drop in excess of 150 feet,
Franchisee shall be allowed to charge an
installation surcharge equal to Franchisee's cost of
installation.
Construction was commenced by Franchisee under City
Ordinance No. 33, Series of 1967, after it obtained
the neces sary perMits and approva l of the FCC and
other agencies. Franchisee completed construction
of the CATV Sy s eM within the then existing
boundaries of the City. Franchisee is presently
construe ing i n areas of the City currently under
development. rranchisee shall continue to
diligently pu r sue construction of the CATV System,
but if by reason of Force Majeure it is unable, in
whol e or 1n par , to carry out its obligations under
thi s ranch1se, i shall not b deemed in default
dur1nq h continuation of such inability to
perform.
3. To cs a 11 h re sonabl standards of service nd
qual1ty of nroduc ts and to prevent un j ust
diRcrimln , 10n 1n servic or r~tcs by class of
sub cr1b r
4. to
5.
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5. TERRITORIAL AREA INVOLVED: This Franchise relates to the
present territor1al l1m1ts of the City and to any area henceforth
added thereto during the term of this Franchise (ordinarily
co-extensive with the city limits of the City of Englewood).
6 . LIABILITY AND INDEMNIFICATION:
A. The Franchisee shall, at its sole cost and expense,
fully indemnify, defend and hold harmless the City, its
officers, boards, commissions and employees against any
and all claims, suits , actions, liability and judgments
for damages arising out of the Franchisees activities
under this Franchise.
B. The Franchisee shall pay and, by its acceptance of this
Franchise, Franchisee specifically agrees that it will
pay all damage s and penalties which the City may legally
be required to pay as a result of the granting of this
Franchi se . The e damages or penalties shall include,
but shall not be 11 ited to, damages arising out of
copyright infr1nq e n s, unau horized taking, royalty
paym nts, th Fr nchis e's f ilure to co.ply with the
provision s of f d r l, stat or local statute,
ordinance or regula 10n and all othe r damages arising
out of the install on , p~rat1on, or aaintenance of
the CATV Sys au horized here n, whether or not any
ac or omission co lained of is au horized, allowed, or
proh bited by thl ranchis , w1th he exception of PEG
Channel o r leas d ch nn 1 llabil y •• provided for in
ct1on 638 of h C bl Act or daaagea ariaing out of
h n gllq nc h Cl y, i a aq n a or aploy •·
o.
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might have against the Franchisee under the terms of
this section .
E. The Franchis ee shall maintain and, by its acceptance of
thi s Franchise, specif ically agrees that it will
maintain, throughout the term of this Franchise,
liability insurance insuring the City and the Franchisee
with r egard to all damages mentioned above in the
ninimum amount s of:
1. Five Hundred Thousand Dollars ($500,000) for bodily
injury or death to any person, within the limit,
hm1ever, of One llillion Dollars ($1,000,000) for
bodily injury or death resulting from any one
accident .
2 . Five Hundred Thousand Dollars ($500,000) for
property d mag resulting from any one accid nt.
3 . 'l'\10 Hundr ed Fif y Thousand Dollars ( $250,000) for
11 other yp s o f liability .
F. 'l'hc
G .
II.
-10 -
• c 1on nor ny d
r shall b cons ru
e und r th1 a
would
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9. COLOR TV:
The facilities used by the Franchisee shall be capable of
distributing color TV signals, and when the signals the
Franchisee distributes are received in color, they shall be
distributed in color where technically feasible.
10. SIGNAL QUALITY REQUIREMENTS:
Franchisee's product quality shall be in accordance with the
specifications and requirements promulgated by the FCC and shall:
11.
A. Produce a picture, whethe r in black and white or color,
that is undist orted , free from ghost images, and
accompanied with proper sou nd on typical standard
production TV se ts in good re pair , and as good as the
State-Of-The -Art allows ;
B. TransMit signals of adequate str ngth to produce good
pic tures with good sound at all outlets without caus1ng
c r oss-modulat1on in the cables or 1nterf ring with o t he r
electrical or elcctron1c systems ;
c .
D.
B.
sev n (7)
11 jf'u r i
1 -
so .
to Sub
quality
Cl 1c t1ona
nd local
nd
0
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be r~ceived a t any tine, and be staffed to allow
appropriate use of studio and of portable equip~ent.
D . Franchisee shall comply with any other agreements with
the City for the maintenance of buildings within the
Cit y .
E. All FCC regulation s sha ll be complied with regarding the
carriage of th e progra~ing o f any ex isting or future
televi sion broadcasting station which covers the City in
its principal broadcast~ng a rea. Franchi s ee's
distribut ion systeM sh 11 be capable of carrying at
lea s t fifty-four (54) channels on trunk cable
construction and have ~o-way communication capacity
when availabl in o h r syste~s o r affiliated s y s tems of
Franchisee within the 0 nver metro area, excepting any
c ab l e televisi on syst M cqui r ed by Franch1see after
the da t of th1s Franchise .
F. Th Franchi see hall p r1odically
G.
H.
facilit~es,
as advanc d as
technoloqy w1ll 11 w.
add1tional ch nn l
it
is
1
At
ny
ord r
0
y
I •
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12. P!10GRAl·l AL TERATION:
Subject to federal law, all programs of broadcasting
stations carried by the Franchisee shall be carried in their
entirety as received, with announcements and advertisements and
without additions, deleti o ns or alterations . Exception: The
foregoing restriction on programming alterations shall not be
a prlic able in any national or local emergency .
13. PAR CN TAL CONTROL DEVICC:
A device, parent guidanc e key, shall be made available to
r esiden ts at a cost of rn a erials plus hand ling charges, in
accordance with Secti on 62 4 (d)(2)(A) of the Cable Act.
14. CMCRGENCY USE OF FACIL ITI ES:
In th cas e o f any Cl y , s a t , local or national emergency
or disast r, th rranch1sc sha ll upon r e quest of the City
Council , City !tanager or h1s de s1gnated representatlve(s), make
available, to the ext ~n nee ss ry, it s facillties within
one-half hour or 1 ss o he C1ty for em e rgency use during the
m rgency or di s a s e r p r1od . Suc h u se shall be at no c os t to
the City.
15. OTHER DUSINESS AC IVI'l' Ir:S :
Thi Frnnchi
Syste~ os prov1~ d
other c rtificat , l ie n
h Fr nchisec by l .w .
16. SArETY
A.
t n)u r 1ea ,
c .
on ly t h o r a tion of a CATV
nd d oes n o take th pl c of any
, or n~r~1 wh 1ch miqht h r qu1red of
I •
•
•
D. The Franchisee shall maintain a force of one or more
agents or employees at all times and shall have
sufficient employees to provide safe, adequate, and
prompt service for its facilities. All subcontractors
employed by the Franchisee shall be bonded and trained
in their area of work .
17. NEW DEVELOPMENTS:
It shall be the policy of the City liberally to amend this
Franchise, upon application of the Franchisee or on City's own
initiative, when necessary to enable the Franchisee to take
advantage of any developments in the field of transmission of
television, radio signals and data transmission which will afford
it an opportunity to more effective ly, efficiently, or
economically serve its customers , provided, however, that this
section shall not be con trued to require the City to make any
amendment or to prohibi 1t from unilaterally changing its policy
stated herein.
18. CONDITIONS ON RIGH T-OF-WAY OCCUP ANCY AND USE:
A.
c.
10n nd distribution structures, lines and
r c ed by the Franchisee within the City
-1
y,
ng ••
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oth r •
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D. Any fixtures placed in any public way by the Franchisee
shall be placed in such a manner as not to interfere
with the usual travel on such public way .
E . The Franchisee shall, on the request of any person
holding a building Moving permit issu ed by the City
temporarily raise or lower its wi r es to permit the
moving of buildings . The expense of such temporary
removal or raising or lowering of wires shall be paid by
the person requesting the same, and the Franchisee shall
have the authority to require such payment in advance.
The Franchisee shall be given not less than forty-eight
hours' advance notice to arrange for such temporary wire
changes .
F . The Franchisee shall have the authority, upon reason ble
notice to the Staff Cable TV Committee, to trim trees
upon and overhanging the streets, alleys, easements,
sidewalks, and public ways and places of the City so as
to prevent the branches of such trees from com1ng in
contact with the wires and cables of the Franchisee,
except that upon a failure of the Franchisee to
adequately p rform at the op ion of the City, uch
trimming May be done by it or under its sup rviaion and
direc ion at he ex ense of Franchise •
G .
es are
ltS
encoura d to
rgrounchng
Wl
ll.
•or
I. oc: r,
loc
J. r
1.
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deternines that the public convenience would be
enhanced thereby.
2. llhere poles or other wire-holding structures already
existing for use in serving the City are avai l able
for use by the Franchisee, but it does not make
arrangements for such use, the City may require the
Franchisee to use such poles and structures, if it
determines that the public convenience would be
enhanced thereby and the terms of the use available
to t h e Franch isee are just and reasonable .
J . lfuere the City or a public utility serving the City
desires t o n a ke use of the poles or other
wire-holdi n g structures of the Franchisee, but
a c reenen he r e or with the Franchisee cannot be
re a ched, he Ci ty Council may require the Franchisee
to p rm1 such u s e for such consideration and upon
suc h t e r n!> as t h Council shall determine to be just
and r ea onable , 1 f the Council determines that the
u s e would nh nee h e public conven1ence and would
not undul~ 1n e r fe r wi h the Franch1see's
op r a 10ns .
1 9 . RI GHT S OP P 0 SUO SCRIBE£:5 :
A.
1naur d nd •11
•• p r o v 1 d 1n
a s
ny
631
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22. TRA:~SACTIONS AFl·'C CTING OWNERSHIP OR CONTROL OF FACILITIES .
Should Franchisee ever propose to sell the CATV business
govern ed by this Franch ise for cash or cash equilvant or where
ownership o r control of more than thirty percent (30~) of the
riqht of control of the Franchise is acquired by a person or
g rou p of persons ac ting in concert, none of whom own or control
thirty percent (30~) or more of such right of control, singularly
or collectively , the City shal l be notified and provided with the
name and financial information of the buyer except privileged
infornntion whic h has been provided the Franchisee pursuant to
the sale . Prior approval of the City Council shall be r equi red
for such a sale , which appr ova l shall not be unreasonably
withheld .
23. FILII~GS A
Copies of 1 1 pet1 1ons, applications and comnunications
sub~itted by the Franch1see to the Federal Conmunications
Co~ission, Secur1ties and exchange Co~ission, or any other
federal or state rcqulatory co 1sS10n or agency hav1ng
jur1adic ion in re p c o any na tera affecting CATV operations
au horiz d pursuan o thls Fr nch1s hall also b sub~1 ted
qu a to he C1ty counc1l and the Staff Cabl TV
24. CI7Y RICIITS REGULATIOU
A.
in
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Cit y shall maintain insurance covering this type of
a ctivity for the life of t h is Agreement .
D . The City shall h a ve the right to supervise all
construction or installation work performed subject to
t h e provision s of this Pranchise and make such
inspections as it shall find necessary to insure
compliance with the terms of this Franchise and other
p e rtinent p rovi sions of law.
C . The City shall have the right, in its discretion, to use
any part of it s PCG channels for the purpose of data
transmis s i o n as may be required for local governmental
use. Thi s u se shall b e sub j ect to any regulati o n s o f
the Pub l ic Ut i li t y Comm iss i o n (PUC) of Colorado and the
Fede r a l CoRmunica t ions C o ~issio n (FCC ).
F . Up on t e r mination o r can cel l a t ion o f thi s F ranchise , as
provided for herein , t he Ci ty sh all have t h e r ight t o
require he Franch1see to r emove a t i t s o wn e x pense all
por 1ons of he CA'fV System from all s t ree t s , alleys ,
easements an d other publ1c r1qhts -o f-wa y uithin the
City.
G . Th e City m,y qran any numb r of franchises for CA
Syst m w1thin the City ubject to 5 c t ion JB of th s
·ranchis wlt hou pr Judie to this Franchis , and
co-x ist n w1th th1s Fr nchia . 'l'he 5 aff Cabl TV
Co~~i ee will no ify Fr nchise of any applica 1on
and/or rr nchise qr nted by h Ci t y .
25 . 11AP5 , PLA'r5 A! 0 f t:PORT5.
A. The Franc~1
lOS
D.
sh 11 hl
pla
C1 y Cl rk tru
1ng and propo
and
d
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C . The FranchisPC shall ke ep on file with the City Clerk a
current list of its stockholders and other persons that
have a financial in terest in the Franchisee .
26. PAYf.ICHT OP F IU.IICJII Sf: FCE.
A. ro r the reason t hat the streets to be used by the
Franchisee in the operation of its CA'rv System wi thin
the boundaries of the City are valuable public
prope rt ies acquired and maintained by the City at great
expense to it s taxpaye rs, and that the grant to the
Fran c hise of the use of said streets is a valuable
p r operty r~ght wit hout which the Franchisee woul d be
required to invest substantial capital in right-of-way
costs and acquisitions , and because the City will incur
costs in r gulating and adninistering the Franchise, the
Franchis c shall pay to the City an amount equal to five
percent (5 ~) o the Franchisee 's annual gross revenue s
as defined in th~s Franchise. The amount of the
rranch1se f e sh~ll h subject to review upon any change
in t he Jur1sd1c 1on of the FCC to r egulate such fees or
the FCC r gulat1ons relating to such fees .
c .
0.
and any oth r costs or penalties
nt to this Franch1se shall be pay bl to
uar erly bas1s . S id paym nts shall b
hP. C1ty financ office . The Franch1se
1 te and accurate , verified st ten nt
during he p r1od for which said
is nd Bald payment shall b
han for y-five (451 d ys
qu rt r when du
nt th
rul • or
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28 .
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1~. tlo acceptilnce of .:~ny payment by the City shall be
c ons trun d il5 release of or in satisfaction of any claim
th C i ty Riqht have for further additional sums payable
under the terns of this Franchise or for any other
perfornance or obligation of the Franchisee hereunder.
In the event that any payment is not made when due, the
Franc~isee shall be subject to the penalty provided
herein.
r . If Franchi see fai ls or refuses to pay the fee imposed
within the tine prescribed herein, a penalty of ten
nPr ent (1 0 ~) on the unpaid balance shall be assessed by
the C1ty against such Franchisee, and the said fee,
toqe ther \li h th penalty assessment and interest at the
pr vailinq r nte sha ll be, and hereby is declared to be,
~ debt due and owi ng from said Franchisee to the City
ann sub)ect o collection by an action at law brought by
the C1 y 1n any cou rt of coRpetent jurisdiction for the
purpos o such collec tion .
G. 'e pa1d by t e Franch1see to the City under th1s
ect1on shall b considered 1n addition to and exclus1ve
of any and all no n-discriminatory taxes, business
l1c na fe s or other 1 v1e a or assessments which are
now o r wh1 ch nny hereatter b author1zed by the 1 wa of
th Un1t d ~tat , Stat of Colorado , or City.
0
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4) evades any of the prov~s~ons of this Franchise or
practices any fraud or deceit upon the City.
B. No Franchise termination proceeding based upon violation
of a material provision of the Franchise shall be
commenced without formal written notice to Franchisee of
the alleged violation and a 90-day period following such
notice in which Franchisee may cure the violation. If
the violation cannot reasonably be cured within 90 days,
Franchisee must submit a plan for curing such violation
for approval by the City.
c. The termination and cancellation permitted by this
section shall be by ordinance duly adopted after 90
days• written notice to Franchisee that Franchisee has
failed to cure he violation in accordance with
Subsection (8). This shall in no way affect any of th
City's rights under this Franchise or any provision of
law. In the event that such teraination and
cancellation depends upon a finding of fact, such
finding of fac as made by the City Council or its
representative hall be conclusive. Provided, however,
that before th1 Franchise aay be terminated and
canceled und r his section, the Franchisee •ust be
provid d with an opportunity to be heard befor the C ty
Council in a pu lie hearing.
o. Any dec1 sion of he City Council pursuant to th s
s ction shall b subject to rev ew in a court of
competent JUr~sd ction.
29. CITY'S RIGHT 0
Th
Ci y in
party.
to oppos interv ntion by h
o which h rranch a 1a
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its unconditional acceptance of this Franchise and
promise to comply with and abide by all its provisions,
terms, and conditions. Such acceptance and promise
shall be in writing duly executed and sworn to, by or on
behalf of the Franchisee before a notary public or other
officer authorized by law to administer oaths.
B. Should the Franchisee fail to comply with subsection A
above, it shall acquire no rights, privileges, or
authority under this Franchise whatever.
32. RATES.
33.
A. While federal legislation, the Federal Co .. unications
Commission, or he State of Colorado preempt the
regulation of rates of the Franchisee for the service
provided for in this Franchise, this Franchise shall not
regulate rates for services provided by Franchisee.
Provided, that any such legislation or regulation shall
not relieve the Franchisee of any of the other
obligations, rights, or duties imposed upon it by the
granting of this Franchise and providing that should
such r gulation b removed, the City reserves the right
to r qulate ra es in accordance with federal law or as
the par ies may mutually agree.
8. No ac ion shall b tak n by the City Council with
reap ct o th Pranchis e•s rates under thi s sect on
il he Franchis has been giv n reasonabl not ce
ot and an opportun ty to be heard by th Council
w r rd h r to.
1.
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un d ertaken, Franchisee and the City Council shall
mutually agree to a designated period of time during
the week for which Englewood requires priority use
o f cable cast time. Franchisee shall make a
dili ge nt effort to insure cable cast of City
proqrams ~1 i thin a reasonable time and at a
reasonabl e hour.
2 . Fou r (4) yea r s f ollo wing Franchise approval, the
F r anc his e sha ll prov i de to the City one separate
chan nel f o r the programming by the City and/or its
~eoiq n ees o f PEG a ccess information. Said channel
shal l b a va il a b l e t o the City and/or its designees
o n a p r iori t y bas 1 s o f sixty (60) percent of all
op~ra ion tiRe whi c h s hall include sixty (GO)
pe r c nt of ~pri n i m e ~ (no untain time). Ci t y may
a~ rov e u e o f th is PE G channel for additional
purposes by t he Fr a nc h i see upon written reque s t of
Pranchisce . Said cha nnel s hall be wit h in t he
Franch1se •s curren t 5 4 c hanne l ca pac1ty, e .g .,
Channel 2 0 .
Franchisee shall
d sign ted by t h
for th
chann
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Associat1on . ~ithin 30 days after appointment of
both a rbitrators, the arbitrators shall commence a
hearing on installation of an institutional network
based uron the factors set forth in this Section 33
(C). The arbitrators sha ll render a decision no
lat e r that 60 days following commencement of
arbitration. Parties shall jointly share the cost
of a rbitration. If the arbitrators determine that
Fr ~nchisee is required to build an institutional
network , such network shall be in place and
operational no later than two years following the
decision of the a rbitrators.
2 . T h e dec1s1on of the arbitrator& shall be final and
bind inq upon t he parties . Notwithstanding the
for qoing, ei t her the City or Franchisee may seek
judicial relief of the decision of the arbitrator s
if (i l one o r nore of the arbitrators is
unqualified, (11) the arbi trat ors did not proceed in
an exp d1t1ous nanner , o r (iii) b sed upon the
r cord , one or nore of the arbitrators abused th ir
discretion. In the event a court of competent
)Url d1c 1on dct rn1n s that on or ROre of th
bo e f ctors h a occu rred, s uch court may ord r the
rb1 ra 1on procedur r p at d and 1s u t1nd1ngs,
or I r ~d d1r c 10n , Wlth cost o suit to b
rd to the pr v ail1nq par y.
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app ropri ate equipAent for the public use . This system
shall be reviewed by City Council on recommendation of
the Staff Cable TV Committee required under this
Franchise . Cost of maintenance of the studio and
equipment (both ~ain studio and portable) shall be borne
by Franchisee. Fees, if any, charged for the use of
studio or equip~ent must be comparable to other similar
fees in the Denver ~etro areR.
F. Franchisee is encouraged to e~ploy a program and
production director to promote public use of the PEG
access channels and to advise such users. Franchisee
shall provide necessary training of public and City
personnel and other interested persons for use of the
equipnent provi<l C. under this section.
G . Franchisee shRll provide one free service outlet and
basic services , to all public and parochial school
locations w1t h1n the City limits and at designated City
locations during the life of this Franchise.
11 . City Counc1l shall determ1n violations of thi s sect1on
upon the reco . ndations of the Staff Cable TV Committ
aft r hear1n , 1 uch h a r ing is requested by the
l'ranchise •
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on e hundred dolla r s ($100.00) per day for each day
violn tion o ccurs or continues .
2 . For failure to test, analyze and r eport on the
performance of the CATV System following a request
pur s uan t t o t h i s F ranchise , the Franchisee shall pay
t o t he C i ty o ne h undred dollars ($100 .00) per day
for e ach d ay, o r part thereof, such noncompliance
c ontinues .
3 . For f a ilure o f Franchisee to comply with tech n i c a l,
operatio n n l o r maintenance standards , Franch ise e
s hall pay to th e City five hundred d o llar s ($5 0 0 .0 0 )
pe r day for each day, or part thereof, t ~at such
noncompliance con tinues .
4. For fa i lur e to prov i de equipment or s e rv ice s
spec i f ied in t~is Franchise, unl e ss t h e City Cou ncil
sp c1fically app r o ve s s uch a c ha n ge b y o r dinance ,
the Franchis e sh 1 1 pay to the Ci t y fi v e hundred
dollars ($5 00 .00) pe r cla y fo r each day , or par t
t hereof , th de iciency continues .
D . No l1qu1dated damages ag in t Fr nch1s
c .
un S c t 1on 3 5 hall b conm need without formal
writt n noti c o Fr nchi ee o! alleged v1olation and a
n1nety (90) d y p r1od following such notice in wh1ch
Franchi m y c ur th violat1on . I! t h v1ol tion h a
no b n cur d Wl h t n th nin ty (90) days l1qu1d ted
da a q a will b s d ft r a h ar 1 n b or~ City
Counc 1l.
e llqu1da d
o pay
n d r y r
$S ,OOO .OO .
CO l V a
d 0
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connection c~arqes paid by him based on a formula of an amount
equal to the initial installation and connection charges paid by
Subscriber divided by thirty-six (36) and multiplied by a number
equal to thirty-six (36) minus the number of months the
Subscriber has been on the system. This refund will not be
required if such cessation is due to Force Majeure.
33. COflTUlUITY OF SI:RVICE l1AllDATORY.
A. It shall be the right of all Subscribers to continue
receivinq service insofar as their financial and other
obliqntions to the Franchisee are honored. The
Franchisee shall use its best efforts to ensure that all
S ubscribers receive continuous, uninterrupted service
rc ardless of the circumstances.
D. In the event of a change of ownership, or in the event a
new operator ac u1res the Franchisee's system, the
Pranchisee shall cooperate with the City and new
rranc~is hol ee r or operator in maintaining cont1nu1ty
of serv1c o all Subscr1bers . During such period,
Franchisee shall b entitled to the revenues for any
period dur1nq wh1ch 1t operates the Syst m, and sh 11 b
entitled to r a onable costs for its a rv1ces wh n 1t n o
lonqcr operat s th Syste •
c . the syat A or
th
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at the local office of the Franchisee during regular
office hours.
3 9. SYSTE!! 'l'ESTING .
A . Tests and measurements to ensure compliance with
technical standards shall be performed in a manner that
is consistent with the provisions of The Cable Act and
Current FCC Regulations.
n. All tests and measurements required to be made by the
Franchisee shall be recorded, maintained and made
available upon request to the Staff Cable TV Committee.
C. \here t~cre exists evidence , which in the judgment of
he Staff Cable TV Comnittee casts doubt on the
reliability or quality of cable service, the Staff Cable
TV Conmittee shall have the right to require Franchisee
to perforR tests and analyses directed toward such
suspected 1nadeauacies. Franchisee shall fully
cooperate with th Staff Cable TV Committee in
o.
p rfor 1n~ such ests and shall prepare results and a
report, 1t requested, w1thin thirty (30) days after the
te s . ~uch r port shall include the following
1nfor at1on:
l. 'l'he na ur
pr clPltll
of the compl int or probl m w ich
d th spec1al t sts .
2. \Jha sys
3.
4.
!i. Any o r 1
analya1s
co ron n s w r tested.
and proc durcs Rploy d 1n
w 1ch such c laint or
0 • ld t a nd
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has reasonable grounds to believe that the complaints or
other evidence require that tests be performed to
protect the public against substandard cable service.
•rhe nur:~ber of tests shall be reasonably related to the
evi d ence of unreliability or poor quality found by Staff
Cable ?V Co~ittee.
40. FRANCHISE PU&LICA'l.'ION AND ELECTION COSTS .
The Franchisee shall assume the cost of publication of this
Franchise as well as election costs as required by law and such
is payable as required by law.
41. SEPAHABILI'fY.
If any section, subsection, sentence, clause, phrase, or
portion of this Franchise is for any reason held invalid or
unconstitutional by any court of competent j urisdiction, such
portion shall be deemed a separate, distinctly, and independent
provision and such holding shall not affect the v alidity of the
renaininq portions hereof.
4 2. AUTHORITY TO A!· I<D.
right to amend this Franchise by
agr ement upon giving th rty (30) days•
of its intention to do so and so long as
v1olate the inten o! this Franchi& and
Th City reserv s
ordinance at any ti by
notice to the Franchi&
such nncndMent do not
th ri~hts of Franchi contained h r in .
4 3. I:P'PEC'1' OF PHANCilif.JL
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4 4 . NO'riCES.
All notices provided for in this Franchise shall be in
writinq, sent by registered or certified mail, postage prepaid,
to the City and Franchisee at the addresses set forth below,
unless either party notifies the other party in writing of a
change of such address:
To the City: City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
To Franchisee: United Cable Television of
Colorado, Inc.
6850 South Tucson Way
Englewood, Colorado 80112
THIS AGitm.::ru:: T rnade and ente red into this __ day of
---------· 1907.
Ul ITL:ll CAIJJ,J-; 'fCI.EVIGIO OF
COLOaADO, INC.
Dy __________________________ _
Attest:
Cl'l'Y OF EUGLE\1000, COLORADO
Dy _____________________ __
Attest:
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Section 4 . The proper officials of the City of Englewood shall give
notice of said general nunicipal election, Wti.ch notioe shall be published
in the manner and for the lenqt:h of time required by l.w, and the ballots
cast at such election shall be canvassed and the result ascertained,
determined, and oertified as required by l.w.
Section 5. An emergency is declared for the welfare of the citizens
of the C1 ty of !:nglewood in that an election nust be held on the United
Cable franchise because of the recent ~rene Court decision on Camunity v. Heather.
Introdloed, read in full , and paalled on first reading on the 5th of <k:tober 1987.
1987.
Published as a Bill for an Ordinance on the 7th day of October, 1987.
Read by title and passed on final reading on the 19th day of Q::tober,
Published by title
dily o f O::tobcr, 1987.
Attest:
Patricia H. Crow, City Cterk
I, P tric 11.
ty tha f
f 11'\Al ro.dinq and publi
1 7 .
Ordinance Uo. _, Ser ea of 1987, on the 21st
fDJene L. Otis, Mayor
I .
ORDIN.W::E NO. £&
SERIES OF 19137
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BY AUTIIClUTY
CXXKIL BILL NO . 47
IN'l1UXOD BY O::UCIL
MEMBm Bll.O
Frn AN ORDUWJCL AMEM>Ir-K; TITLE 7, OIAPTER lA, ElG:.floOD MJNICIPAL COOE 1985,
RErAl'Ir-K; 'ro CATS AND rxx:;s.
I.I!EliD\5 , difficulties have been experienced in protecting the people
against a tacks by clogs and cats and properly con rolling guard or attack <bls ; and
IIIII:RE , Council considers i necessary to protect the health and
.1 M1" of thP c1 izens of this City against llfl>I'CII/Ok~ attaclts by <Dgs or ca s ;
, TIICJU:::P<:~m, BE IT <liDAlllED BY na:: CITY u ...... ._ .. ,.,..., .............. ""' ..... , 'nii\T: IL OF na:: CITY OF
so 1 tha
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ocx; 1wf am-1. of -~ apeeies, ~ of &elfr-A CARNI'I/OOOOS
lXJ·lESTICA'ITD f·Wf·lAL OF 'mE CANINE SPOCIES, CANIS FAMILIARIS AND THE
PRCIXJCT OF CAfiiS WPIS HAVI!'«i BErn BRED \"JITIJ CANIS FAMILIARIS. 'mE
POIJ:..Cl-UNG ARE EXCLUDED FRG! AND ARE tm A PART OF TliiS DEFINITIOO:
JACKALS; roxES; AIID RELATED ANTI·IALS; AND ~VES, CANIS UJPUS ALL CF
\IIIICII CGIE UITIUN 'mE PROVISIQJS OF SfL'TIOO 7-lC-3 EI-C ~
rxx:; rn CAT, 1-IALE: (tm liD1I'!'l>.ED) Any <Xlg or cat of masculine gender ~
which no nlternative surgery of the genital organs has been performed.
r:xx; m CAT, F'OW.E (NOr SPAYID) Any 00g or cat of the female gender ~
\lhich no alterTliltive surgery of the <}enltal organs has been performed.
GRIEVOOS OCOILY HARM BOOILY m.JIJRY \IUCH lN'.Q,VES A SU8STANTIAL RISK CF
DCATII, SilUOOS Pl:»WIDa' DISFIQJRMNr, CR PICmACTED Ia;S CR IIIPAIBttNl'
OF TilE RN::TI ~ OF ANY PART CR <.RiAN OF 'rnE OCOY.
FTIWO:: DIR.OCT<Jl Director of Finance -.o~Ut.fe ei~ Gl-Q -zrvnr a m:l
CITY LICOISit~ Cl"FICID . -
QJARD CR &.Tl'ACI ' ANY l'TACJ A P~, CR ACOU1RED EU
TI!P. PllRPOOE OC PA'l"RXLLN:i PJO>~ Al"1'.lacr:M:; ANY P~. Aim
ncwDED IS AIN. HAW PRf..VIOOSLY RESUI..'I'W m A
CQNICTI OF ITS TI OF Siri'IOO 7-lA-10 85.
~-
WM._It P1118111_.1tiocl•, bit.. ar-......... ._
i.U., --_. 3 , a. II d ... .--..... u. ....... .: ..,.
pA.l--.e ~.-~ otiiK thM
7-lA-2:
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7-lA-8.5: VICICXJS !X.X;S ; GUARD OR ATI'ACK r:x.x;s: -RE
lABELED AS : GUARD OR A'l'fACK DCGS .
A . ALL PERSONS O'INING , lli\RBORING , OR CClll'ROLL I NG GUARD OR A1TACK !X.X;S
m PRE;.U!JLS I'IITHIN TIIIS HUNICIPALITY SHALL CCNI'AIN SOCII rx:x;s IN AN
G.;ci,()SJ'D AREA FOR TilE PROT!X:TIOO OF PERSONS OR PROPERTY. TIIAT EOCT~ill AREA \/ILL CO·IPLE:I'CLY CO-JFINE 'fl!E r:x.x; IN A KENNEL , RUN , YARD
OR OI'IIER SPliCE l i!IIOI HILL AOIX_UATCLY PR<YrEX::T TilE GJ:liiERAL PUI3LIC ffia·l
Il'IADVER'ITNI' OR CJ\SUAL COITACT \llTII THLSC DCGS . UIID~ SOCII DCGS ARE Tl\1®~ CUI' OF 'fliE E1lCLOSCD AREl\, TilEY HILL BE fol:ftHlf1'D 1IR) IIElD 00 A
SUITABL::: Oli\IN OR PLACm IN A SUI'rAOLE CCNl'AltiD<, UtiDI:R TI-lE COOTI~L
OF A RESPCllSIDLE PERSOO , TO CNSURE PROl'IX'TIOO OF TilE PUI3LIC .
B . TI-IE OINER , OR OI'l-IER Prnsct~S IN OOITOOL, OF ALL PREl·USES ~ I·IHICH
GUAAO DCGS ARE 111\INfAINED SJIALL POST SIGNS 00 , OVER, OR NEXT TO ALL
EX'l"':RIOR DUIIDIN; DOORS, G.-\TES AND 0THr:R ENl'RANCES, Sl'ATING TIIAT
SOCH DCGS ARE OJ TilE PIID·USI:S . IF TilE ATTN:::K OR GUARO I)(X;(S) 00
SAID PIID-USLS ARE 0 ml 00 NAINTAINID TIIERIDl BY N.JY GUAru> 00
smJRITY SCRVICP., 'll!E SIGNS SIIALL AISJ OOITAIN 'll!E PlmE NaD3~ OF
SOCH SI:RVICE . NO AT!r'\Cl' OR Gllt\RD DCGS IIAY l3E IIAitlrAINrD m THIS
l·llNICIPALITY BY SOCH SCRVICE UNLESS TI-lE 'l'I:LI::P!r::.NE FOR ll!IICII SOCii
1llER I S P00Tm IS I·W ill:> DY RESP<X~SIIlLC PrnsootlEL 'n'il:lfl'Y-FOOR (24)
IKXJI'.S DAILY . SOCII SIGNS SHALL IlL POOTm m THE SAl-lE HANNI:R AT FJIOI
DRIVI.l Y CR ~ 111\Y TO SAID DUIIDll~ AND SIIALL BE BLACK
Da!DORED ll!TII TilE IK:F.DS "DDIARE -ATTACl<-QJ.:uiD !XX; 00 PRD.U:SLS"
IIR.I'M'I::l m Rm 00 A \IlliTE nACI\GIUJND. SOCii SIGNS SHALL l3E VISIBLE
c.
D.
I 'n!E PL'£:E OF POSTn¥:; TO TilE CURD OF TilE S'rnEET ABlrM'I!~ THE
SIGN, 00, DISTNQ OF FIFTY FEET (50'), IIUCHEVER IS THE~.
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CCX-ITAIN!·trNI' !IDJUIRE11ENTS; AND THAT THE PREMISES ARE PROPERLY POSTED
AS R.O;;lUIRFD ll~ PRn:::illiNG PARAGRAPH "B" OF THIS SOCTIOO .
TilE ANU.IAL CCNI'ROL OFFICER WILL MAKE A RE:1URN 00 THE APPLICATIOO
RIX'OODING 'mE lli\TE AND TIME OF 'IHE INSPOCTIOO AND tlllm!ER THE
PJIDUSES ARE IN CCl1PLIANCE U!Tii TliiS OODINAl'l::£. THE ANIJ.IAL CCNI'ROL
OFFICER HILL ALSO VERIFY Tlffi NA!1E AND DATE OF BIRT!i OF THE <l~ 00
PERSal IN CCNI'ROL, AND TliAT PERSa~1 S AOORESS AND PJ-DoiE Nlf1BER, IF
DIFFLRENI' FRCJ·1 'niE PLACE OF THE L<X:ATIOO OF' THE GJARD/ATTJlCJ< ocx;,
A:"ID nn::: S'l'RI:E:r AOORESS OF nn::: ocx; 1 s L<X:ATioo .
E. TilE RESULT OF TilE ANIJIAL CClll'ROL CFFICER 1 S INSPEX:'I'IOO ~JILL BE
IIDXRDill 00 THE APPLICATICJI. IF TilE ANIJ.IAL CCNl'ROL CFFICER
DJm;RUNTS TilE PRO-tiSES IPLY \liT!! THE OODINAl'l::£, THE APPLICATIOO
IITLL llC RL"ruRtiiD TO TI1I; CITY LICO ""TI«i CFFICER., lrK> ~JILL NOI'IFY THE
APPI.ICJWI' T:IAT TilL GJARD /ATTPCK PERI-UT IS READY TO BE PICJO:D UP.
A C<PY OF na:: OOIGIJW. APPLICATI I lliTii THE ANIMAL CCNl'ROL CFFICER 1 S
.~PROVAL llllXI!ES THE PEaUT. 'Jl!E CJUGIJIAL IS RETAINED IN TilE
LIWISI .-; OFFicrn I s RIX:'OODS.
IS ux::ATill DO NOr PASS
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G. APPROVAL DY THE ANll·!AL CCllTROL OFFICER ~lEANS THAT THE PRENISES
C01PLY \"liTH THIS ORDitWlCE. SUCII APPRCNAL ll-IPC6ES NO LIABILITY UPrn
TIIAT ANINAL CCNI'ROL OFFICER, THE CITY OF ENGI.El't:XX>, 00. MN OF ITS
J:l.1PLOYEES on AG1NI'S FOR MN VIOLATIOOS OF THIS OODINAICE, 00. MN
INJURY TO MN PERSa~ 00. Oll!LR LIVI~ TH~ 00. I:WWiE TO MN PROP~
RESULT~ IN ANY. DEFICIENCY 00 :U.1PERFEX:TIOO IN THE APPROVED
PRDIISES .
section 4. Title 7, Chapter lA, Englewood Hunicipal COde 1985, is
further C~rnen<Ed by adding a new sections 10 and 11 to read as follows:
7-lA-10: ATI'J\CJC BY ocx:; 00 CAT
1. TIIC OINER OF ANY. ocx; 00 CAT SIIAIL DC RESPOOSIBLE FCR MN ATI'l>C.K
CCUII'_LYI'Tl) BY TIIAT ocx:; OR CAT AGAINST ANY. PROPERT'i, REAL 00 PERSCNAL, LIVE 00.
It~IMATL, 00 ANY. !Ill·~ m::ING. UPOO m::I~ ~CI'ED TIIERIDF THE ~ IS
SUJ'..JIX:T '1'0 rn :mG PUtUSIII'D m I\CCORDI\!a \IT'l'll TIIC PO~TY SET FORni IN SEX:TIOO
1-4-1 OF ENGLIJO)O l!UNICIPAL COOC:, 1985.
2. PRIOR 1\Tl'J\Cl;.<;, IF NlY, OY '1'10: CAT on KNaiLI'lX>I: OF TI-lE ~~
or Tin:: /CAT OF AllY su::Jl ATI'J\Cl\S ARE t A DEFU~SE TO 00 AN ELENOll' OF TI-IC
OI'FTllsr. OF TI'J\Cl( DY / :r ffi A PRI:RJX:(JISI'l'E 1-'00 A ~CTI ; I IEVm, SOCH
:IA'I"l'ERS 111'\Y DE CCNSIDERID Til /1ITIGATI<l~ OR J\CDltWATI<ll PUNISIII'liNI'.
3. 1/I!Dl TIIC ATTJ\CK TilE OR CAT M:R'S PROUSJ::S, IT 1·1A'i BE
AU AFPIR·IATIVE DCFrllSE TilE 00 CAT HAS PROI'Il:T~ su::JI PIIDUSJ::S OR TI-IC
RESIDOll' · 50Cil PROUSI:s. IOn::vER, 1/IID TID!: ATI'l>C.K IS AGAINST A Pr.RSCt \liD
Orn:::RS TIIC .tlCR'S 00 RESIDENT'S PREl'liSLS TO <:XN:lOCT OUSINESS 00 A IAL
VI:;IT, ffi OY ItNITATIOl OF TIIC ffi RESIDOll', TIIERE IS A PRIMA FACIE
PRI:Sli-1PTI l TIIAT Till': <Jl CAT I rm Pnarn::Tit(; ITS PIIDUSES.
7-lA-11: DlT>'l'R I(ll I
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SlJEJI'l:T OF 'lUJ CCtNicriOOS OF ATI'J\CK NO!' RESULTING IN DFATH CR GRIEVOOS BOOILY
W\RM, 00 PROPERT'i DAMAGE OF FIVE HUNDRED DOLLARS ($500) CR tomE WITHIN A
'IU)-YE\R PERIOO, OR IS ~SIBLE FCR INFLicriNG DFATH CR GRIE\Ia.JS BOOILY
IIJ\ru-1 t.JPa~ A HLtiAN BEING, THERE IS A PRESl.l1PTIOO THE ocx:; CR CAT HAS VICIOOS
TINDrnciES AND PRESENI'S A CLEAR AND PREStNl' ~ 'ro 'l1lE SAFETY (l' 'l1lE
CITIZ~S OF DlGLElo:D. TillS PRESU'1PTIOO CAN OOLY BE REBJrl'ID BY .'EAR AND
CONINCING EVIDENCE 'ro Till CCNI'RAAY. UPCil THE <XXJRT'S DETERMINATI .N THAT 'l1lE ""
oo:; 00 CAT Pru::s!Nl'S A CI..CM CR PRESI!NI' !WlGER 'ro THE ~ OF I;·a ':l'o:D
CITIZfllS, TIU:: <XXJRT UILL ORDER THC Fl.JGLEl·o:D POLICE DEPAR'IMENI' TO DESTROY THE
ncx:; 00 CAT FOOTH\fiTII.
5. IF Till ocx:; 00 CAT IS NCil' <nlFINED IN THE ENiLD«Xl> ANIMAL SI-IELTER,
'l'IIC CITY t!AY PETITIOO TilE OlGLOo:D tlJNICIPAL <XXJRT FCR A Fml:BfiTH CRDER 'ro
POLICE DEPAR'lMEUl' 'ro SO CCM'lllE 'l1lE ANUIAL PrnDING Tim Cl11W·IE OF 'l'IIE
DLSTROCTICil I !CARING, AND COSTS OF 'l'IIE SAID CC'NFDID·IEllT \IIIL BE ASSESSID BY 'l1lE
:UtliCIPAL camT AT TIIC TmttiNI\TIOO 'l'IIE HEARING .
Introduced, read in full, and !"'15sed on first reading on the 21st day of
september , 1907.
Pubhshcd n D1ll or d.lnance on the 23rd day o Septentler, 1987 .
Read by tltl • , nnd sed on 5th day of tober,
1987.
Published r, 1987.
Rrad by 1 lt'! lind pas on final d.1 on the 19th y of Oct r,
l 07.
11 by 1 1e -. of 1 87 , on t 2ls y
r, 19 7.
rk
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CXXH:IL BilL 00. 63
:nmuxx;m BY COONCIL
MfHJER VAN DYKE
AN CIIDINNCE .AMEKJnli TITLE 4, OIAP'IU 4, SEX:TIOOS 4 .ml 5, EHiLEX:XD
f.UNICIPAL CXDE 1985, REFLEI:Tnli AN llCRFA'iE <F SALES .ml USE TAX IN THE C!Tl{
OF f:NiLJ:l·.c<D BY mE-HALF CENl' 00 EACH [.)(LI.AA ~ A 'lUl'AL C!Tl{ SALES TAX <F
3 • 5~ 00 EACH l)()l.LAA.
IIIDU'A'>, City Council finds it necessary to increase the city sales and
use tax to raise funds for rvices in the City of Engle.IOOd;
~. TIIEREF<JtE, BE IT amAINID BY TilE CITY caKIL <F THE CITY <F
ENGLfl·OO), CXL<»U\DD, TIIAT:
Section 1. Ti 1
r~cipal ooae 1985, l
Sect1on 4 , Subsection 2 , Engle.IOOd
IW'II(!ndc~ as foll
4-4-4 : SALES TAX IMF'Ca'D
4-4-4-2:
A.
SN..ES TAX LEV'/:
.LitF~!U ~ all sal o All it spec1fied in
, Wlthl.n boundari of he City, a tax , 'ro
...,."n"",.n•"-' 8iHMII-."*r~~., in aooordance with follOWUlg
.Ol incl
.l!
.4) ,, ........... ....
• 72
l.OO
$1.
1.
1.
V. U~lt. af ".1 IC/t!J'
.14
~
$ .OS
•• o
.01
t
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Section 2. Title 4, Chapte r 4, Section 5, SUbsection 1, Englewood
tunicipal Code 1985, is hereby amended to show the tax increase as follows:
4-4-5: USE TAX D·~:
4-4-5-1: TAX <lJ S'l'CRAGE, CXlJSIJ.P.I'IOO AND USE: 'lllere is hereby levied and
there shall be collected fran every person in the City, a tax upon the ,
privilege of storing, using or consuming within the boundaries of the City any
articles of tangible personal prqlerty purchased at retail fran sources
outside the corporate limits of the City . SUch tax, ro BEXXJ£ Ef'l''fl:l'IVE
8Bi!tllll'l: 1, 198', shall be payable to, and shall be collected by, the Director
• 1 of Fi~ in accordance \lith the following scheOJ.le: V L tt. I 19/tr 1 ()) Storage or Acquisition
Charges or Cost Tax
••11 illlllmMriiJ. aM
••19 tlllll ....... oil
•• !iii islllli~Mr~J .. ..
t U iwl'd'IIIIJ ~-~~
$ . 01 including $ .14
$ .15 including $ .4 2
$ . 43 including $ • 71
$ • 72 i ncluding $ • 99
$1.00 including $1.28
$1.29 including $1.57
$1.58 including $1.85
$1.86 including $1.00
no tax
$ .01
•• 02
$ .OJ
$ .04
$ .05
•• 06
$ .07
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Publis hed by title a s Ordinance No. _,
of October, 1937.
Atteet:
Patricia H. Crow, City Clerk
series of 1987, on the 2Bt day
~ L. 0t1s, Mayor
I, Patricia H. Cro.i, City Clerk of the City of Englewood, Colorac:k>,
hereby certify that the foi'eC]Oi119 is a true copy of the Ordinance passed on
final readi119 and published by title as Ordinance No. __ , series of 1987.
PatrlCla H. Crow
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ooonwo: NO. _j]
SrniES CF 1987
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BY AIJI'IDUTY
9 H .
AN OODilWCI: APPROVI~ AN 1\GREDIENI' BE'n'lEm 'mE CITY CF EMiLEHXD JIK) ntE AIR
PCLLI!l'IUI CCNlla. DIVISIOO CF TilE CCUJWlO DEPAR'IJIENI' CF HEALTIJ FOO AN AIR
I·DI:rn::Ril.. S'rATIOO 'ID BE ux:ATED AT THE &ul'H EK> CF TilE ND4.Y ~IRfD
P~ER'l'Y \.!CS"r CF CUSIUNG PARI< ArlO EAS'll-~ AVINJE .
\IJCU:AS, he Air Pollution control Division (APCD) of the COlorad:>
Dcpartl!lent of llealth desires to locate an air quality nrnitoring station at
the south end of the prqlert:y imnediately west of CUshing Park; and
\llllU:AS, the purpose of the m:nitoring station is to m:nitor and
.....,..,...,,""",t existlng pollution levels of nitrogen oxides, c:arba1 monoxide and
ozone in Enqlewood and the teorological conditions that are oond.lcive to
hi llu 1on concentrations; and
IIIIW.AS, t City COUncil is in full llCJI' t with this plan;
I I, Tl~, Ill: IT ClUl.\INED DY TilE CITY C::XUCIL CF TilE CITY CF onn , ca , noo:
l 7.
aqJ:-ee~~ent t the C1 t y of Dlqlewood,
Division of the COlorado Depart.nent of
hereby rDYed.
reby uthori
City Courcll and
to ugn and
City o
on irs nqont Shclayo
on
l h 0
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Published by title as Ordinance No .
of OCtober, 1987.
Attest:
Patricia 11. Crow, City clerk
_, Series of 1987, on the 21st day
Mayor
I, PatricHt 11 . Crow, City Clerk of the City of Englewood, Coloraoo,
hereby certify that the foreqo1.ng is a true ccpy of the Ordinance passed on
final reading and published by title as Ordinance No. __ , Series of 1987.
Patrl.ClA H. Crow
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1\GRIDIENI' FOR AIR Kl'll'IUUNG STATIOO
TillS AGREE1ENI', entered into the __ day of , 1987, is
between the CITY OF DJGLEllXD, COI.CWIDO, 3400 SOUth Elatl Street, Englewood,
Col oraoo 80110, and the AIR POLU1l'IOO CCNmCL DIVISICl~ (APCD) OF '!liE COI.CW\DO
DEPAR'll·IENI' OF l n::ALTH, 4210 East 11th Avenue, Denver, Coloraoo 80220.
\liirnEAS, the Air Pollution Control Division of the Coloracl:> Departnent
of Hea lth desires to locate an air roonitoring station in the City of Englewood
to doctrent existing pollution levels of nitrogen oxides, carbon IIDlOXide and
ozone in the ar a and the Meteoro logical conditions that are condJcive to high
nollu ion concen ra ions ; and
~IEM"AS, the City of Eng lewood is agreeable to the air nalitoring
station under certain terms and conditions .
tO I, TIII:RI:FCiill, IT IS I·IJitlALLY AGREED by and between the parties AS
follc:MS :
I. Re:spclrulibllJ.tles of the Coloraoo Department of llealth (APCD):
A . To 1 te, service , and rate an air roonitoring at tion at the
o.
c.
D.
sit shown on the ttached map and to Plaintain and calibrat au
quality and eorol ical nalitoring ~i t therein, at ita
coet and , so AS to proruce high q.Jality data that wlll
1.
2 .
J.
4.
5 .
air qul\llty and ooroloqical oond1 ions 1.n the
ot C1yo
C1 y , for i
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F . ·ro provide insurance for Colorado State errployees and their ll«lrk
in accordance with the attached sample certificate of Self-Insurance .
II. Responsibilities of the City of Englewood:
A. To provide free to the Colorado Departnent of Health (APQ)) a
parcel of land (described in the attached map nentioned in I.A.
above) sufficient to satisfy the APQ) IID'litoring requii"e~~e~ts
and Englewood zooing requirements for as long as the arrangement
is agreeable to both parties.
B . To Allow he APa> to prepare the goonds and site on wh ich the
IID'litoring station is to be located on to the following APQ)
ifica ions:
c.
o.
1. Cyclooe fencing with supporting posts secured i n cement to
enclose site and structures of monitoring station .
2. bu1lding to placed on t pedestals rroored 1n the qround.
3. t rl .leal r:a\itonng t IIDWlted on a
fOUI'Idll 1on suitable to afford s~ to the
""''••~~-wind and icing conditions
t1on, including
not to nt rf W.Lth
si by ~iti
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0
HI H!'INEss ~~F, the parties have signed this ~t as of the day ancl year set forth above.
Attest:
Patricia H. CroW, City Clerk
Attest:
-3-
CI'IY CF ~, C<X.clwlo
Dy------------~~~-----Ma:vor
AIR PCU.l1r!cw CC1fnQ. DIVISICN
CF 'llfE C'OO:IWx> r&AR'IMfNr CF HF.AL'lli
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<RliNNCE NO. ~
SERIES CF 1987
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CXXH:IL BILL NO. 69
~BYCXXH:IL
M9< BRADSHAW
..
9 I
AN <RliNNCE FIXn«; 'l1iE TAX LEVY IN MilLS lJP(JJ EACH IXLLAR CF 'mE ASSES5fD
VALUATICII CF AIL TAXABLE PIO>mTY WiniiN 'l1iE CITY CF EKiUHXJ>, CC'UJWX>, ~
'mE YEAR 1988 Nl> ESTABLISHTI«; A MILL LEVY ~ 'mE fl'«iLLKXD, CC'UJWX>, ~
nH1 DE.VD.CFMEm' ~ITY.
~. it is the <ilty of the City Council of the City of fh:Jlewcod,
Colorado, Wider the charter of said City and Statutes of the State of Colora-
do, to make the annual levy for City purposes for the year 1987, clJe and pay-able in 1988; and
\1~, the City Council has <illy considered the estimated valuation of
all the taxable property within the City and the needs of the City of each of
said levies and has determined that the levies, as hereinafter aet forth, are
Pl'qler and wise;
, 'llll:l'~, BE IT ~ BY 'l1iE CITY
<XUIWX> AS f'CU.QIS: IL CF 'mE CITY CF EHJLfJO.D,
Section 1.
and hereby ia lev1ed for the year 1987, and payabl as
year 1988, a tax of 4. 909 mills on the cklllar for
City of D'lgl , Color , and 1.698 IIU.lla on the
rvi Fund o t City o fngl , Color
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Introduced, read in full, and passed on first reading on the 5th day of
CXtcber, 1987.
1907.
Published as a Bill for an Ordinance on the 7th day of extcber, 1987.
Read by title and passed on final reading en the 19th day of extcber,
Published by title as Ordinance No. _, Series of 1987, on the 21st day
of extober, 1987.
Attest: &~gene L. Otis, Mayor
Patricia H. Crow, city clerk
I, Patricia 11. Crow, City Clerk of the City of &lglewood, Coloracb,
hereby certify that the foreqoing is a true ClC.t'Y of the Ordinance passed en
final reading and published by title Ordinance No. __ , Series of 1987.
Patr1cia H. era,
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C 0 U N C I L
DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Bill for an
Ordinance relating
INITIATED BY _______ C~1ut~yJMDA~nA~aae~r ________________________________ __
ACT I ON PROPOS ED ______ ....JRWiei.loc.~~~~owc ... wnd...._.ad~~.~oUID~.~o.t.u1 o.wnwoii.Jfi......I&Jthllllei.....K.B 1ul..J.l_fuou..r~A~n!...,;OII..!r:J~dw..i n!!la~n~ce!E,__
relttinq to the Ctreer Sery1ce Systtt
IAClliltOUND
At the Ci ty Council budget retreat, staff was directed to prepare a Bill for
an Ord i nAnce 111tnding Tttle 3 of the 1985 Englewood MunicipAl Code relat i ng to
th e Career Service Systea .
Th nAture of the ... ~t was to clArify existing language in the Englewood
Mun l ctpAl COCS. relating to the Career Service Board 's ability to .odify or
Alter discipl i ne . The ... ~t clarifies that •1n the evlftt thAt cause is
found for discipl i ne, the lo1rd shill not IOdlfy or alter the discipline se -
l ected by the City Min1ger or his deslgnet . •
n 11 ' 7 T t1 l
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A BilL FCR
<XXJOCIL DIU. NO. 67
INllUXX:fD ~. <XXJOCIL
MEMBm {1:4
liN OODINIINCE IIMIH)ING TITLE 3 , EN:ir.a·JXD MJNICIPAL CXDE 1985, RELATING TO 'lliE
CMIIIIt SBRVICB SY8'l'DI.
\IIEREAS, the City Council feels that the 01arter provision concerning
the powers and duties of the career service Board Wlder disciplinary appeals
are clear and concise; and
\li!EREAS, to clarify certain ordinance provisions ooncerning the powers
and cl.lties of the Career service Doard under disciplinary appeals, Council
desires to M~end Title 3, El·t: 1985;
NCJl, TlrnEF<JU::, BE IT ~ BY THE CITY' CD..H:IL CE' 'lliE CITY' CE'
ElG:.OJXD, ~.'mAT:
Section 1. SUbsections D 3. b. and c. of Title 3, 0\apt.er 1, Section 4,
englewOOd t-llnicipal Code 1985, are hereby artll!!nded to read as follows:
3-1-4: Rf:SIICNSIBn.I'lY ~ AlJ(INIS'l'RATIOO
o. Career service Board
3.b. To hear dieciplinary IIJPe&ls for: My full-t pemanent
cl sified C!ll1lloyee with reapect only to ~r that Clqlloyee'a
suspension, deni:Jtion, or diecharge was for cawe 14\.lch relat to the
perfot'l!lllnCe of dlties, peracnal ooncb:t, or: eny other factor detr t.rltal
to the City and/or er~y other just and reuaNible ca&.~M. IN 'niE EVI!IIl"
'111M' CJ\IJSE IS f'<XII) ~ DI~IPLINE, 'niE BOIW> StW:.L t«:7l' trt ~ AL'l'D.
'1111! DI~IPLINE SELOC'TtD BY '11tE CI'IY ~ ~ HIS DES~
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Section 2. Subsection A of Title 3, Chapter lN, Section 9, Englewood
~tunicipal COde 1985, is hereby arrended to read as foll~:
3-lN-9: DISCIPLTIUIRY APPEALS
A. Subject f·latter of appeal. A full-time, permanent, classified
e!ll'loyee may appeal to the Doard to review his disciplinary
suspension, disciplinary deltotion or disciplinary discharge. 'llle
Board shall hear the esrployee ' s disciplinary appeal with respect to
only whether his suspension, denotion , or diacharge was for cause
which relates to the performance of dlties, personal conduct, or any
other factor detrimental to the City and/or any other just and
reasonable cause. IN TilE E.V!Nl' TIIM' CAUSE IS Fa.H> ~ DISCIPLINE,
TilE 001W> SIWL tm t-IDIF'i ~ AL'mR TIE DISCIPLINE SELH:TI'.D BY Tim
CITY r.ww;m 00 IllS DESIGNEE.
Introduced, read in full, and passed on first reading on the 19th day of
<ktober, 1987.
Published as a Dill for an Ordinance on the 21st day of <ktober, 1987.
Attest: a.gene L. 0t1a, Mayor
Patricia 11. crow, CJ.ty clerk
I, Pa r Cla II.
hereby certify tha
Ordinance, in ,
day of r, 1 7 •
, C ty Clerk of thl Clty of Dv]1 , Colorado,
and fCIII:'eCJOing iJI a true oopy of a Blll for an
read in full, and puMCS on firat l'Ud1.n9 on the 19th
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DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Yacat ion of Certl in
Right -of-Way within
he Downtown Redevel Area.
INITIATED BY Ca.unity Develof!ll!!nt
ACTION PROPOSED ________ ~Ad~o~p~t~an~O~~~i~n~a~nc~e~~va~c~a~t~in~g~a~p~u~bl~i~c~ri~g~h~t~-o~f--w~a~y~-
within the Phase Ill Redevelop!!nt Area.
IACK&ROUII)
As part of the agree.ent for the develop!l!!nt of Phase Ill of the Downtown Re -
developMent Area with the Ross lnvest .. nt Group (Englewood ~rketplace Associ -
ates, ltd.), the Urban Renewal Authority agreed to request the vacation of the
rights -of-way within that area in o~er to .. xi•ize the develop!l!!nt potential .
The Phase Ill Area is that area which is bounded on the north and west by the
Englewood Parkway, on the east by South Aco.a Street and on the south by We st
Ha.pden Avenue /U.S. 285 .
Th va cation includes the rights -of -way in the 3400 block for the Aco.a/
Bannock alley, the Bannock/Cherokee alley and South Bannock Street. Also ln -
clud d s an east -west alley between Bannock and th Bannoc Che rok t alley In
Flood 's Addition, and a portion of th rlght ·of·wa y for We st Girard Av nue to
th south of th Engl od Parkway . An eas nt for th Uttl Dry Cr box
condul will b retain d in th s vacated rtght ·of ·WI Y·
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City Council approved Ordinances No. 54 and No. 55 at the regular meeting on
October 5, 1987 vacating the afore~entioned rights-of-way. However , one of
the rights -of -way pertaining to West Girard Avenue reca..ended for vacation by
the Planning Ca..ission was inadvertently a.itted fro. Ordinance No. 54 .
RECOIItEJIDATiotl
To correct the a.ission referred to above, the Ca..unity Develo~nt Depart -
ment rec~nds that City Council approve the following proposed street
vacation:
The for.er West Girard Avenue between the south right-of-way line of En -
glewood Parkway and the south right-of-way line of the fon~er West Girard
Avenue, said south right -of-way line being the north boundary line of the
undedicated portion of Lots 8 and 32, Flood 's Addition to Englewood ; and
the north boundary line of Lot 12, Block 1, City Gardens Subdivision .
Because the Urban Renewal Authority is involved in co~ation proceedings
against one of the owners of a property abutting a portion of the right -of -way
i n Phase Ill , it is requested that the effective date of the vacations be Jun e
1, 1989 .
gw
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OODINANCE NO.
SElUES OF 1987--
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BY AlmDUTY
A BilL FCR
CXUCIL BilL NO. 70
~IL
AN <»>DINANCE VJ\CAT~ RIGHl'-OF-WAY IN THE PHASE III AREA OF THE~
REDEVEU:I'Mtlll' AREA BaH>fD BY ElG.El«XXl PARIGP.Y, s:xmi J\CCK\ STREET, lHl
HAMPDEN/U.S. 285 , AIL IN THE roNlY OF ARAPAIIE, CITY OF ENGIDOD, STATE OF
CX>LCIW)().
~. as part of t he agreeuesat for the developtent of Phase III, the
E)lg la.o:xi Urban ReneWal Au hority has recpested that all rights-of-way wi thin
that area be vacated; and
\·IHEREAS, by vacating all rights-of-way wi thi n the area , the devel~
will be given maxinun freedan to develop the site wi~t constraints .inpJsed
by those rights-of-way ; and
\~IERFAS, Council previously vl/C ted four rights-of-way in the Phase III
are of the Dlgl Urban Renewal Authori y Plan, and there is one II'Ore
right-of-way u.ry to vl/C te in the Phase III area ; and
UHI:RFAS, v a ion of his remaining righ -of-way will not affect access
to the site or exi ng t to Little Dry Creek box c:onchit ; and
City Planning and ZOning asion Vl/Cation of
n III of the n.w. Plan t their August
IL r:R THE CITY aF
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Published as a Bill for an Ordinance oo the 21st day of October, 1987.
Fllcjene L. Otis, Mayor
Attest:
Patricia H. crow, City Clerk
I, Patricia H. crow, City Clerk of the City of Englewood, Colorado,
hereby certify that the aballe and foreC}Oing is a true COf:'IY of a Bill for an
Ordinance, introcU:ed, read in full, and pueed on first reading on the 19th
pay of October, 1987.
Patricia H. crow
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C 0 U N C I L
DATE
October 14 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
II~
SUBJECT ~nd Ordinance 45,
Series of 1987
INITIATED BY _______ C~i~t~y~A~t~to~r~n~ey~--------------------------------
ACTION PROPOSED ____ ~~~n~d~O~rd~i~n~a~nc=e~4~5~,-~~r~ie~s~of~1~98~7~,_t=o~ch~a~n~ge~C~ha~p~t~er~7--
of Title 4, entitled ·E .. rgency Telephone ~rvice Authority,•
to Chapter 8 Title 4
UCUICUI)
In April, 1987, Title 4 of the EMC 1985 was ... nded by adding a new Chapter 7
entitled •waste Transfer Surcharge.• Because of the lapse of ti .. fro. pas -
sage of the ordinance to receipt of the codifier 's replac ... nt pages for the
Englewood Municipal Code, another ... ~nt to Title 4 was included as 1 new
Chapter 7. Ordinance llo . 45, Series of 1987, should be ... nded to change the
E-.rgency Telephone Service Authority ... ~t to the Code fro. Chapter 7 to
read Chapter 8 .
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CR>INAOCE NO.
SERIES ~ 1987--
A BilL
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CXUCIL BilL t«>. 71
~
F'CR AN OODINANCE AMDI)IN:i TITLE 4, fHiLEHXD M.IUCIPAL COOE 1985, BY ~IN:i
OIAP'l'm. 7 , PmTAININ:i TO DI'OSIN:i AN ~ CWO: UPCJI 'lU.D'ID£ El(OWI:;E
NXESS FACILITIES \ll'lliiN 'mE CITY ~ ~, TO TITLE 4, c::HN"ft2\ 8.
\IIEREAS, to pr~ly n\llber the City Code and avoid &.~plication of
chapter nmtlering;
IT IS 'mERf2'CitE ~ BY 'l1tE CITY CXliCIL ~ 'l1tE CITY CE J!IG.I'li«Xl),
~.nM:
Section 1. ordinance No. 45, Series of 1987, is hereby lllll!l'd!d by
changing the chapter I\Uitler of ~ ~lephcroe Service Authority frcn
0\apter 7 to 0\llpter 8 •
rntroc:U:ed. read in full, and passed on first reading on the 19th day of
October, 1987.
Published u a Bill foe an (rdinance on the 21st day of OCtober, 1987.
iJIIj8ft8 L. Oil• , *Y«
Att
• City Ciii'IC
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C 0 U N C I L
DATE
October 19 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Traffic Signal at
Dart.outh and Downing
1 NIT 1 ATED BY ____ P:..:u::.:b:..:..l..:..;ic:.....;::.Wo;;.:r..::.k;.:;.s...:De:..::.~:..Pa::..:r-=tlle=n:..:t ____________ _
ACTION PROPOSED, _____ C::..;o::.:u~nc~i:..:l_a~p~p..:..;ro::..;v~a:..:..l...:o~f_t::..;h~e~R~e~s~ol~u~t..:..;io::..;n~ap~p..:..;ro~p~r~ia~t~i~ng~t~he
funds for the installation of an all-red pedestrian phase signal at
Dart110uth and Down i .
IAClUCIUIID
At the budget retreat on S.pte.btr 26, 1987, Council ordered the installation
of an all -red pedestrian phase at the intersection of DartiiOuth and Downing .
The existing signal equiPifnt cannot be progr...ed to include this phase .
equiPifnt including a controller and b&se .ounted cabinet will need to be pur -
chased and installed . Esti .. ted cost is $15,000 . Attached is a Resolution
transferring the 110ney f~ unappropriated surplus to Traffic Di vision Accoun
023823561 .
u n•
Coun tl pp v 1 o
ton of n ll -red
In hlh·
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RESOLUTION NO. J 0
SERIES OF 1987
A RESOLUTION AMENDING THE 1987 BUDGET.
WHEREAS, the City Council of the City of En9lewood,
Colorado, deairea to aake certain cha"9•• to the 1987 bud9et1
NOW, THEUFORE, U IT RESOLVED, by the City Council of
the City of En9lewood, Colorado, aa followa:
section 1. Tbe bud9et of the City of En9lewood,
Colorado, tor the tiacal year 1987 ba and hereby ia ... nded aa
followa:
source of Fund•
General P\Uid Unappropriated
Fund Balance
~lication of Fund•
1lc Worki--Tratflc
fl5,000
fl5,000
Section 2. The City Kana9er and Director of Finance
are hereby authOrlaed to aake the abO¥• chanqea to the 1987
b\adcJet of the City of &nvlewood·
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A ea '
, City Cle rk of the City of
reby c e 1 y tb h e aboVe and for•-
eolu ion Mo. , Sari • of 1917 • , • I .
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RESOLlJI'IOO NO.~,
SERIES OF 1987.
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A RESOLlJI'IOO ~ING '!liE METRCI'OLITAN AREA "BETTER AIR" CN-1PAI~ AND URGING
ENGLE.U.:XXJ RESIDDl!'S 'ID SUPPCRI' 'l'HIS CANPAI~ BY LIMITING 'I'HEIR DRIVING AND
\'0)0 13URNING .
I·IIIEREAS , Englewood residents are increasingly concerned about air
quality in their city and surrounding areas; and
\·IIIEREAS , during peak air pollution season , Noverrber through January,
Engleo.IIOOd and the surrounding region exceed clean air health standards for
carbon m::moxide pollution ; and
\IIIEREAS, Engl~'s altitude and winter terrperatures cause ~rotor
vehicles to operate less efficiently, to endt JOOre carbon monoxide, thus
contribu ing up to 75'1-of the carbon monoxide in the air, which adversely
affects the health of anyone breathing it; and
IJttrnF.AS, wood-burning s aves and fireplaces account for 15'1-of the
carbon xide pollu ion problCJ!I; and
IIIIEREAS, the he lth of the public and the econany of the tropolitan
area are a stake unless air pollution probl can re<ilced and
controlled;
, n~, BE IT RESCLvm BY 'I'HE CIT'i IL Ci' 'niE CIT'i Of'
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I, Patricia H. Crow, City Clerk of the City of Engl~, Coloraoo,
hereby certify the foregoing is a true copy of Resolution No. __ , Series of
1987.
Patricia H. Crow
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INTERVIEW SCHEDULE
PARKS AND RECREATION COMMISSION YOUTH MEMBERS
OCTOBER 19, 1987
5:10 p.a. Russell Hathaway
5:20 p.a. Donny Hoyt
5:30 p.a. Robyn Vanderleeat
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