HomeMy WebLinkAbout1987-12-21 (Regular) Meeting AgendaCITY COUNCIL -REGULAR MEETING
DECEMBER 21, 1987
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1. Call to Orde r
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EN&LEVOCJO CITY COUNCIL
ENGLEVOOO, ARAPAHOE COUNTY, COLORADO
Regular Session
Dlc-.btr 21, 1187
The regular ~eting of the Englewood City Council was called to order by Mayor Otis at 7:30 p .•.
z. Invoc at i on
The invocation was given by Council Me.ber Vobejda.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mlyor Otis.
4. Roll Call
Present : Council Metlbers Hfgday, Van Dyke , Vobejda, Kozacek , Bilo, Bradshaw, Otfs
Absent : None
A quoru• wa s present.
Also pres nt :
5. Mfnute
C f ty Mlnager McCown
Cfty Attorn y DeWitt
Assistant Cfty Manager Varga s
Cfty Clerk Crow
Dtr ctor Fonda, Ut f lftfes
4cti"9 Director Ro.an s, C
tfng Dfr to Fr n, F n
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Englewood City Council Minutes
Deca.ber 21, 1987 -Page 2
COUNCIL MEMBER HIGDAY MOVED, COUNCIL MEMBER BILO SECONDED, TO BRING FORWARD
CONSENT AGENDA ITEM 9(j) -COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER OTIS, REINTRODUCED BY COUNCIL MEMBER HIGDAY.
Ayes : Council Members Higday, Van Dyke , Vobejda , Koza cek, Bilo , Bradshaw , Oti s
None
None
None
Nay s:
Ab s ta i n :
Ab s ent :
Motion ca r r ied .
COUNCIL MOllER HIGDAY NOVED, COUNCIL MDIIEI IUDSHAII SECONDED, TO TABLE COUN -
CIL IILL NO. 67 -A COUNCIL IILL FOI M OIIDIIIMCE NIEJIUNG TITLE 3, ENGLEWOOD
MUNICIPAL CODE 1985, RELATIM TO THE CAREER SERVICE SYSTEM.
Ayes: Counc il Metlbe r s Higday, Van Dyke, Vobejda, Kozacek,
Bi lo , Br ad shaw, Otis
None
None
Nays:
Abstain:
Absent:
Motion carried. None
The following shte.ent was ode by Council Met!ber Hlgday concerning this action :
"The purpose of tabling thfs ordinance 1s to await the decision of Dis -
trict Court In the cue of the Ctty of Engle..ood vs . Career Service Board
and John L. Leydon In which the central Issue Is whether or not th Ca -
reer Service Board has the right to .adify the disciplinary actiOfts taken
by this a~inlstratiOft. ~is actiOft should not In any way be tak~ as a
policy state~~ent Oft l*aalf of City Coc.ncfl that we now believe the Board
hu suc h a right In COfttrldtcttOfts to previous written and verbal legal
opinions on this subject. Rather it fs a statet~tnt that Intend to
ta e no furth r action, fon.al action on this utter until the court cas s s ttled ••
6. "'-·•chMuled Vhttors
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HI
and lOft, Just "· re pre nt to iY a
t at Oft for the ir participation fn t r c of t ou
Na\r ... 'Yir ZJ • J 7 •
• 45
7
FOR
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Englewood City Council Minutes
Dec .. ber 21, 1987 -Page 3
Absent: None Motion carried.
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Mr. Luebbers was presented with the resolution and awarded a round of applause.
Ms. Rand! l. Wolf, who also participated In the rescue of the children, was
unable to be present. A resolution ca..endtng Ms. Wolf was considered.
RESOLUTION NO. 44
SERIES OF 1987
A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COMMENDING RAHOI L. WOLF FOR HER BRAVERY AND HEROISM IN THE RESCUE OF TWO CHILDREN.
COUNCIL MOllER ICOZACDC MOVED, COUNCIL MDIIEl IUDSHAW SECOfi)ED, APPROVAL OF RESOLUTION NO. 44, SERIES OF lt87.
Ayes: Council Metlbers Higday, Van Dyke, Yobejda, Kozacek,
Nay s:
Abstain:
Absent :
ptotton carried.
Btlo, Bradshaw , Otis
None
None
None
7. loft-scheduled Visitors
(a) Marj Nlcku., President of Cir81ter Englewood Chlllber of C rce,
presented plaques of apprechtton fr• the Chlllber to Mayor Otis , Mayor Pro
TM Bradsha w, and Council .....,_rs Htfday and Vobejda . M • lllfcku. UPNSSed
appr c ht ton of the Chlllber for the dedi cat ton to the Engl c n ty
sh by th se outgoing -..btrs of Cfty Counctl .
tca t
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Englewood City Council Minutes
Dece.ber 21, 1987 -Page 4
COUNCIL MEMBER BRADSHAW MDVm, COUNCIL MEMBER KOZACEK SECOfiiED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) THROUGH (1). It was noted that Consent Agenda Item
9(j) had been brought forwarded and acted upon previously. See Page 2 of these minutes for that action.
{a)
(b)
{c)
{d)
{e)
(f)
{g)
(h)
(l)
Minutes of the Englewood Housing Authority meeting of October 28 and Nove.Oer 11, 1987.
Minutes of the Board of AdjustMent and Appeals meeting of November 4, 1987.
Minutes of the Urban Renewal Authority meeting of November 4, 1987.
Minutes of the Downtown Deve 1 OPMent Authority meeting of November 10, 1987.
Minutes of the liquor licensing Authority meetings of November 18 and December 2, 1987.
Minutes of the Election Com.ission meeting of November 19, 1987.
Minutes of the Planning and Zoning Co.ission Meting of November 24, 1987.
Minutes of the Public library Advisory Board Meting of DeceMber 8, 1987 .
Ordinance No . 68, Series of 1987 , approving the proposed revised Standard Connector's Agree.ent .
Ayes : Council Mellbers Higday , Van Dyke, Vobejda , Kozacek , Bilo, Bradshaw, Otis
None
None
None
Nays :
Abstain :
Absent :
lion carried .
10 . Public Near tnt
publ c h arfng wa s scheduled .
II • Or4 t nances , leso 1 ut tOM 1M 11ot tOM
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Englewood City Council Minutes
Dec .. ber 21, 1987 -Page 5
Nays:
Abstain:
Absent:
Motion carried.
Bilo, Bradshaw, Otis
None
None
None
(b) Stu Fonda, Director of Utilities, presented a reco.endation from
the Water and Se.er Board to adopt a bill for an ordinance approving the ex -
clusion of property described in Supple.ent No. 112 to the Southgate Sanita -
tion District . This ordinance excludes 2.117 acres from the District, has no
financial i111pact upon the City, and 1s reco.ended by the Water and Sewer Bond .
COUNCIL BILL NO . 80, INTRODUCED BY COUNCIL MEMBER HIGOAY, WAS READ BY TITLE :
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 112 TO SOUTHGATE SANITATION
DISTRICT 'S CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD EXCLUDING LAND FROM THE DISTRICT .
COUNCIL JOIEI MUiDAY MOVm, SEC~ IY COUIICIL MOllER KOZACEX, COUIICIL IILL NO. 10, SERIES OF 1187.
Ayes :
Nays :
Abstain :
Absent :
Motion carried .
Council Metlbers Higday ,
Bilo, Bradshaw, Otis
None
None
None
PLAT Of TH
Rl AU 0
Van Dyke, Vobejda , Kozacek ,
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Englewood City Council Minutes
Decalber 21, 1987 -Page 6
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COUNCIL MERIEl BRADSHAW MOVED, COUNCIL MEMBER VAN DYKE SECONDED, APPROVAL OF
RESOLUTIOtl NO. 46, SERIES OF 1t87. Council Member Kozacek stated he would
abstain fro. voting due to his business connections with the applicant.
Ayes : Council Me.bers Higday, Van Dyke, Vobejda, Bilo, Brad -
Nays :
Abstain :
Absent:
Motion carried.
shaw, Otis
None
Council Me.ber Kozacek
None
(d) Acting Director R~ns presented a reca..endation fra. the Planning
and Zoning Co..ission to adopt a resolution approving the final plat for An1le
Subdivision and an agree.ent relating to right -of-way for South Navajo Street .
The Final Plat has been reviewed and approved by the Technical Review Co..it-
tee. A public hearing was held on Septe.ber 15, 1987; the Co..tssion reco.-
11ends its approval . The Co..ission further reca..ends that the City enter
into the agree.ent with Nr./Mrs. Angle relative to the i~rov ... nts to South
Navajo Street in order for the right -of-way to be acquired across the Angle
property in accordance with the Master Street Plan. Discussion ensued rela -
tive to the agree.ent, surface drainage, width of roadway, etc .
RESOLUTION NO. 47
SERIES OF 1987
A RESOLUTION ADOPTING THE FINAl PlAT FOR ANGLE SUBOIVISIOtl.
CCIUIICIL .,_. UZACEit IIDWD, COUICIL .,_. VGILiaA KCCIIID, AlfiGVAL OF I£SOLUTI ••• 47, SDIU If 1.7.
~es : Counct1 ....._rs Htgday, Van Dyke, Yobejda, ICozac k, ltlo, Bradshaw, Otts
1oM
1oM
lla,ys :
Abstatn :
Absent :
Matton carrttd . 1oM
A TH GOl C r ., I .
Englewood City Council Minutes
Dec•ber 21, 1!187 -Page 7
Nays: None
Abstain: None
Absent: None
Motion carried.
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(f) City Manager McCown presented a rec~ndation to approve a luse
agree.ent with First National Bank for use of property east of City Hall to be
utilized as a city parking lot. The agree.ent as negotiated is a three-year
agree.ent which could be auta.atically renewed for successive one-year periods
with a rental rate of $1,000 per year paid on a per .anth regular basis. Mr.
McCown explained that the City would be responsible for the property tues;
however, it is probable the Assessor would grant a tax exe.pt status. The
City would be responsible for the i11prove.ents utilizing City crews for the
work. Thirty -five .are spaces would be acquired, uking 169 total nu111ber available.
COUNCIL NOlO IILO IIOVtD, COIIICJL .. EI lOZACEl S(CCII)£0, TO APPIOVE THE
LWE AIIEDIEJIT WITH THE FIIST IIATI~ INK OF EMLEWOOD FOI USE OF THE lAII)
WT OF CITY HALL FOI DIPLOYEE , .....
Ayes: Council Metlbers Higday , Van Dyke, Vobejda , Kozacek ,
Bilo, Bradshaw, Otis
Nays : None
Abstain : None
None Absent:
Motion carried.
(g) Acting Director F,.....n presented a reco.endation fi"CCII the Finance
Departlltnt to award the laundry and dry cleanift9 services for 1918 to ltwik Way
Cleaners. Four bids •re received . Those bids •re evaluated based upon
costs, facility inspections, equfp.tftt, turftaround tt ... quality of servtce to
the City. The lowst btd fn costs 1s not reco••ftded as the best btd based on
previous expertence with the vendor for the past two/three years, i.e., ser -
vice, btlling problMs. The Fh,lftee O.,.rt..nt reco.ends that the bid be
awarded to Kwtk lla~ Cleaners. The City Attorftey set forth the requfre..nts of
Council seltcttng a bid other than the la.est bid.
COUIICIL NOlO IUDSIWf IMID, COIIICIL ICOZACEl SU.O, TO TN(
liD FOI TN( ltll l.AIIIIIY -DIY CUMI• SOVICU TO ICIIIIC Y -~u
Ay s: Cov n rs H19Cf'f, Y Oy , v
8tlo, radsh , Otis
N ys :
Ab tatn :
Ab nt.:
on etrrted .
1 • City n ""'' leport
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Englewood City Council Minutes
Deca.ber 21, 1987 -Page 8
Chief Holmes expressed his apprechtion for Council's support of the
Police Department during the past several years. He proposes that a change be
made in the weapons to be used by the Police Officers co.encing in 1988,
1110ving fr011 a 38 to a 45 caliber weapon . The officers have indicated their
interest in this change by 90S of the. agreeing to rei.Ourse the City for the
purchase of the weapons by ~ans of payroll deductions. The initial purchase
of the weapons and necessary leather accessories would be funded out of the
1988 budget utilizing funds which had been eanurked for a pol ice car and
reMOdeling of the Ernie Anderson Rooa. Discussion ensued.
COIIICIL ~El KOZACOt IIOVED, CCUICIL 110110 IUDSIWI S£COII)ED, THAT CITY
COIIICIL EJICOUIME THE CITY IWIMDEJfT TO APPIOVE THIS NOVE TOIWtDS THE 45 CAL-
liER SEMIAUTOMTIC WEAJIOII.
Ayes: Council Mellbers HI gday, Van Dyke , Vobejda, Kozacek ,
Btlo , Bradshaw, Otis
None Nays :
Abstain : None
Absent: None
Motion carried.
13 . City Attorney's leport
Mr. DeWitt advised Council of a clat• in the a.ount of 1410 of Rhonda
Troestler whose daughter was Injured during a Parks and Recreation outing last
s~r. T chi• has been dented by the chi .. unav-nt . Mr . DeWitt
stated It s-...d appropriate to PlY the clat•, not necessarily to ~tt
liability but to resolve the dtffe~es that exist n the situation . He
asked Cou l 's direction In this utter .
ICOZAtOt IMII, CGIIICIL , TO APf'IIIDW( THE
TO FMI.T M TO KTTU THE MnD.
s : C t1 rs Hlfday, Van 0 • Vobejda, ozac ,
ltlo, lradsh • Ot s
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Englewood City Council Rinutes
Deca.ber 21, 1gs7 -Page g
(b) Council Me.ber's Choice
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( i) Council "-ber Koucet wished to recognize the Englewood
Para.edics for their response to a sttuatton at Fairlanes Belleview Bowling .
He congratulated th .. on their extra effort.
15. AdJoun.ent
CCIUICJL ~ HIIDAY IIDYED TO...... The IIHting adjourned at 8:41 p.•.
~-#~ ty er
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STATE OF COIDRADO
COUNTY OF ARAPAHOE
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I, Patricia B. Crow, City Clerk, in and for the City of
Enqlevood, in the State aforesaid, do bereby certify the attached
verbatia record of a portion of tbe regular City Council ... tinq
of Deceaber 21, 1917, aa a true and correct record a• the ....
appear. upon the recorda of ay office wbicb are in ay cu•tody.
Given under ay band and official .. al of the City of Enq l evood thia 6tb day of January, 1911.
city clerk, city ot Enq1evooa
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YERIATI" TIMSCIIPT OF A POITION OF
CITY CCUICIL NEETI. OF DECEJIIEl 21, 1987
RE: TABLING OF COUNCIL BILL MO. 67, A COUNCIL BILL FOR AN ORDINANCE AMENDING
TITLE 3, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO THE CAREER SERVICE
SYSTEM.
Bilo :
Cler :
Your Honor, In the Interest of tl .. I would like to deviate frOM
the agenda slightly and call It .. 9(J) forward.
Second.
All votes have been cast, your Honor. let the record show seven
ayes .
Otis: tlon carried. It .. 9(J).
Higday: I ~ve to table Council 1111 ID. 67 .
Brads Second.
0 s : Pl as vote .
Cl All vot s ave cast, yoyr Honor. l t t Ord S s
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whether or not the Cireer Service Baird his the right to modify the
discipliniry ictions tiken by this id.inistrition. This iCtion
should not in 1ny WIY be t1ken IS 1 policy stite~nt on behilf of
the Ci ty Council th1t we now believe the Baird his such i right i n
contrldictions to previous written 1nd verbil legil opin i on s on
this subject . R1ther it is 1 stite.ent th1t we intend to t1ke no
further 1ction, fon.al 1ction on this .atter until the court cise
is settled . •
Ot is: Th1nk you .
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AGENDA FOR THE
REGULAR NEETLNC OF
THE DCLEWooo CITY COUNCIL
DECEMBER 21, 1987
7:30 P.M.
c
1. Call to order.
2. Invocation.
3. Pledqe of alleqiance. 1t
4. Roll call.
5. M inu tea.~1 f 1 ~C
Mi nutea of the regular .. etinq f Dec.-be 7, 1987.
"/·' ..e, """' ··~ 6<.-ttl"
r -Scheduled Viaitora. (Plea .. li•it your preaentation o ten •inutea .)
r. Phillip w. Ll.lebbere and llancU L. olf v ill be prea-
en to r c eive reeolutiona of appreciat ion of their r a-of t o younq children.
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City Council Agenda
December 21, 1987
Page 2
9 Consent Agenda.
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(a) Minutes of the Englewood Housing Authority meeting of
October 28, and Noveaber 11, 1987.
(b) Minutes of the Board of Adjustaent and Appeals meeting
of November 4, 1987.
(c) Minutes of the Urban Renewal Authority meeting of Novem-
ber 4, 1987.
(d) Minutes of the Downtown Develop .. nt Authority aeeting of
Noveaber 10, 1987.
(e ) Minutes of the Liquor Licensing Authority aaetings of
Noveaber 18, and Deceaber 2, 1987.
(f) Minutes of the Election co .. ission aeeting of November
19, 1987.
(g ) Minutes of the Planning and Zoning co .. ission aeeting of
Noveaber 24, 1987.
(b ) Minutes ot the Public Library Advisory Board .. eting of
Deceaber 8, 1987.
(i) OrdinanJ pproving the propoeecl revieecl Standard Con-
nector's Agre ... nt.
(j) service Syst ...
10. Public H ring.
1 • Ord n ne a, solutions and Motlona .
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City Council Aqenda
··December 21, 1987
Page 3
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~ 1(d) Reca..endation froa the Planninq and Zoninq Coaai••ion
~~ ~0 to adopt a re•olution approvinq the final plat for Anq1e
.{11 -:.tf.,, Subdivbion and an aqre ... nt relatinq to riqht-of-way
Y" lr ~ ,.() for south Navajo Street. "l:'~jt/~
,.. 1f 4~ fe1 Reco-endation to adopt a reaolution a.endinq the Golf...,_ .. .L ~' r Cour•e Fund and the Central Service• Fund. Nt~j;/dY ~
"t>~l((f) Reca..endation froa the City Manaqer to approve a lea•e
f'l' , 0 r aqre ... nt with Fir•t National Bank for u•~_%-property {iL l 1 eaat of City Hall a• e city parkinq lot. "/~~
tV t1' (q)
f/C "IJ· 0
Recoaaendation froa the Finance Depart.ent to award the
laundry and dry cleaning .. rvicea for 1911 to Xwik Way
cleanen. A52~~1k7~
/l.t.· I 1) U
dy ccovn
City Manager
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ORDINAI'CE NO.
SERIES OF 1987--
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BY AI.JTHORITY
COOOCIL BILL NO . 67
INTRC1XJCED BY COOOCIL
~arrs
REINl'RCtX.OD BY
CCA.N:IL ~ HIGDAY
A.~ ORO~ AMENDING TITLE 3, ENiLEl«XD r-tJNICIPAL CCDE 1985, RELATING TO 'mE
CAREER SERVICE SYSTEM.
WHEREAS, the City COUncil feels that the Charter provision concerning
the powers and duties of the career Service Board under disciplinary appeals
are cleur and concise; and
\\,lEREI\S. to clarify certain ordinance provisions concerning the ~s
and dl ies o! the career Service Board under disciplinary appeals, COOncil
desires to d Titl 3, EHC 1985;
1, Tl~, BE IT CRliU'NfD BY niE CITY cn.N:IL CF 'mE CITY CF
X>LD 'niAT:
~)SE~ions o 3. b. and c. of T1 1 3, Olapter 1, section 4,
1985, are hereby to read f ollows :
3-l-4:
o. 1ce Board
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Section 2. Subsection A of Title 3, 0\apter lN, section 9, Englewood
·lw1icipul Code 1985, is hereby amended to read as follows:
3-lN-9: DIOCIPLINARY APPFM..S
A . Subject Matter of appeal. A full-tine, permanent, classified
loyee JT\aY a~ to the Board to review his disciplinary
sus :.ens ion, disciplinary de!ootion or disciplinary discharge. 'll1e
Board shall hear the ett>loyee' s disciplinary appeal with respect to
only whe her his suspension, demotion, or discharge was for cause
which relates to the perfoznance of duties, personal concilct, or any
other factor detrincntal to the City and/or any other just and
reasonable cause. IN 'mE f..VfJf1' 'llrAT CAUSE IS roJND f'C({ DIOCIPLINE 1
THE ~ SHAlL tCI' KDIFlC CE AL'l'm 'mE DIS::IPLINE SEUX:TED BY 'l1iE
CITV ~Ww:;ER 00 HIS DESI~.
Introduced, read in full, and not passed on first reading for failure of
a!finnative vote he 19th day of October 1 1987.
ion ~ by Co.mcil.tnan Higday and apprCIIIed to reconsider on the 3rd
d.l}• 0 No\ICI'i:lC r , 198 7 •
ad in full, and passed on first reading oo the 17th day of
Bill foe 111 crdinance on the 25th day of Noll'elllbe.r, 1987.
on final readl.ng on --day 0
__ I ser es o 1987, on _day
" Piijeni L. Otu 1
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1. Call to Order
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EIRDIOCID CITY C:C..Il
EIREMDOD. AIAPAfl)( CGIIITY. COI..OUDO
l!tular Session
Dec:lllllar 7. 1N7
..
The regular ~ting of the Englewood City Council was called to order by Mayor Otis 7:30 p.•.
Z. Invocation
The invoc ation was given by Council Me.ber Vobejda .
3 . PlM .. of Allegiance
The Pltdge of Allegiance was led by Mayor Otis.
4 . Roll Call
Council .....,.,.s Van Dyke, Vobejda, Kozacek, Bflo, Bradshaw, Otis
Absent:
A quo as present .
Also present :
s.
City Manater McCown
City Attorney O.Witt
Asstst&~~t City Man r Varvas
City Clert Crow
Executive Director Hinson, Urban R n al
Authority
0 rector uhn, Parks and R cr at on
r rldstl
r H 1
, TO
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Englewood City Council Minutes
December 7, 1987-Page 2
6. Pre-scheduled Visitors
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(a) Walt T0110oka, 143 West Po.ers Circle, littleton, spokesperson for
the Greater Englewood Challber of C~rce, discussed the resolution approved
by the Cha.oer regarding the RTD/Urban Nass Transit SW Corridor. Council MeM-
ber Bilo took exception to the Cha.ber's position concerning the SW Corridor,
stating to lose the SW Corridor would negatively i~act the City of Englewood
and we could lose the federal funding if co..unity support is not forthco.ing
for the SW Corridor. Council .....,_r Bilo stated he could not support the
resolution of the Cha.ber. Council "--bar Kozacek felt there was validity to
SOlie of the points in the resolution, but felt the Santa Fe Corridor should be
completed . Council Nellber Van Dyke concurred that there were valid points in
the resolution but stated that the citizens, Council, busines~n. etc ., all
have to be .,,.e educated on the SW Corridor. She was not in a position to
support opposftion to the SW Corridor. Council Nellber Bndshaw c~nted that
she thought the resolution was .,re in opposition to House Bill 1249 than to
the corridor. She stated that for the benefit of Englewood , the SW Corridor
i s needed and should be supported. Nr . McCown explained the confiict betllfeen
the SW and SE Corridors . Nr . Tc.oolta responded by clai•ing the ridership
would not support the SW Corridor, that there was not enough population. He
stressed that House Bill 1249 is 1 packave deal and if approved by the lf9is ·
lature, will have to "live with it and pay for t .• He stressed that it 1s
IIIPortan to look for the .,st viable corridor . Council r Koucek
reiterated that if the Chlllber wished to oppose House Bill JZ49 for funding reasons, he would then support such a resolution .
COUNCIL NINO 1UDS1W1 MMD, CCIUICIL _. UUCD. TO l£t£1W£ TN( I£SOUJ -
TJCII FlOit TN( &IE.AT[I ORlWOD QIQWEI IF CMB KE.
Ay s: Council ...._rs Van Dy e, Vobe jda , ozacek, Bfl o, Bradshaw, 0t is
7.
I)'S :
Abstain :
Abs nt :
to car 1
Council r HtgcMy
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Englewood City Council Minutes
Deceaber 7, 1987 -Page 3
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to ~rk vith the Urban Renewal Authority's staff to present for Council's con-
sideration on Dec~r 21, 1987, a Use Tax Revenue Bond Issue under a guaranty
of a note signed by the Ur-hn Renewal Authority. He explained that there
would be no outlay of funds by either the City or the Authority for seven
years, there would be an opportunity to refund the outstanding Urban Renewal
Authority bonds eli•inating the debt early on the assu.ption that the revenues
increased above projections. Discussion ensued and it was suggested that
other alternatives be explored before Mking this decision.
COCKIL MOllER VM DYI£ IIDVED, COUIICIL .,_. IUDSIWI SU.U, TO RECEIVE
THE REQU£ST Of THE UIIM RDIOMl AIITIIIIITY FOI FUITIIEI CCIISIDEIATJM.
Ayes: Council Me.bers Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis
None Nays:
Abstain : None
Council Me.ber Htgday Absent:
Mot I on urri ed .
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Referring to Agenda It .. 7(a) above, Council "'-ber Kozacek called for a point
of order regarding the rKonsideratton of Council lill Mo. 67, stating that
based on the Rules of Order and Procedures, adopted by Council On Septetlber 4 ,
1984 , Section I -Reconstderatton, stipulates that a •tion to rKonstder .ust
be de by one of the prevail tng stele. Therefore, Council "'-ber Hlgday had
no rig t to •v• to rKonstder . He further stated that Section M -He Votes,
stipulates tat tn case of a tte in votes on any proposal, the proposal shall
be co stdered lost. City Nauter Mceo.t explained that the previous City At -
o y ad gtv th s Counc11 u opinion, about a different but s •ilar Mt -
e , t a •any r could bring up any issue at uy tt•. • A copy of t op n o as r quested .
8 . ec-.ntcations w ,_,_ttOM
Hallatln , stating d d not w s to
loard of Adjus~t and Appeals , a
to S .-.appo n t IS I
IILO • TO (I
uc . I to,
n •
r H td Y
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Englewood City Council Minutes Dec~ber 7, 1987 -Page 4
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
( )
(j)
Minutes of the Bo1rd of Cal"ftr Service Co.issioners •eting of Septe.ber 9, 1987.
Minutes of the Housing Authority -.eting of Septellber 30, 1987.
Minutes of the Downt«*n Develor-ent Authority ~ting of October 14, 1987.
Minutes of the Parks and Recreation Co.ission ~ting of October 15, 1987.
Minutes of the liquor licensing Authority -.eting of October 21, 1987 .
Minutes of the Public library Advfsory Board ~ting of Novl!llber 10, 1987.
Minutes of the Planning and Zoning Co.ission ~eet i ng of ve~Cer 10, 1987.
Ord i nance No. 65, Series of 1987, approving the 1988 Agree.ent for
Library Services betwen the Englewoct Public library and t e Arapahoe Library District.
Ord1nance No . 66, Sertes of 1987, approv i ng the annexation of prop -
e r t y i n Supple~ent 135 for Parcel •c• to the South Arapa oe Sa Ita · tton Dis tr i ct Connector 's Agree..nt .
Ord i nance . 67, Series of 1987, approving the exc l us ion of
property described in Suppl-.ent 134 for Parcel •s• fro. t e Sou Arapahoe San i tation District .
A s: Councf1 ......,.rs Van Dyke, Voa,.jda , Kozace , BOo, lrldsh , Otis
I)'S!
Absta t n :
Abs t :
tton carr i ed Council r Hfgday
10 . Publ c arfnt
pu 1 ic 1 1ng u c ul ed .
11. solut OM w
I
Englewood City Council Ntnutes
Dece.ber 7, 1987 -Page 5
Absent:
Motion carried.
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(b) City Ninager McCOIIM presented a reca.endation fro. the Parks and
Recreation Ca..ission to adopt a resolution establishing annual fees for the
Englewood "unicipal Golf Course. He confirwd that the Parks and Recreat ion
Ca..ission had reviewct all fee schedules for the recreation progr• and were
reca..end i ng the go 1 f course fees be increased as set forth in the proposed resolution.
RESOLUTION NO. 38
SERIES OF 1987
A RESOLUTION ESTASLISHING AIIIJAL FEES FOR THE ENGLfWOOO biCIPAl GOLF COURSE.
CCIUICIL 11E111E1 IUDSIWI IIOVED, CCIUEJL 11E111E1 IILO SEC.O, TO AM1iCW£
l£SOWTIOI •· 31, SEIJES OF 1•7. Council "-ber Btlo ca.ented that he
uld support this resolution but that he wanted the ca.ents which had been
de at the study session forwarded to the appropriate Board and depart•nt .
Counc 1 Mellber Bradshaw concurred, stattng the •per hour• costs need to be
considered; she also suggested a change tn the philosophy of costs recovery .
AYes: Council "-bers Van Dyke, Vobejda, Kozacek , Bflo, BradshMf, Otis
11oM
11oM
Nays :
Abstain :
Absent :
Not ion carrfed . Council "-ber Htgday
(c) The rec nd at ton fro. the City Nan19er 's offtce to adopt resolu -
tions conc~trning a ll w19e tncrease for •n19erial , supervisory and confiden -
tial loyees for 1918 was preset~ted for COfiStderatfon .
RESOt.UT I • 39
SERIES Of 1987
A
NSATION PlM SYSTEM FOft 'f £RAL SERVICES
-•• L .. .,.,.,. COlOIADO . £RS OF
I .
Englewood City Council Minutes o.c.-.r 7, 1187 - , ... 1
Nays :
Absh i n :
Bndshaw, Otis
None
None
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Absent :
MoHon curied.
Council Naber H1gdiY
RESOLUTION NO. 40
SERIES OF 1987
A RESOLUTION FOR A CCIWENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY
EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD.
COliiCIL lOBEI IILO NDYED. COliiCIL ~EI YM DYKE SECCII)£0. APPROVAL OF
RESOLUTICII 10. 40. SEIIES OF 1N7. It wu stated that the sa• c~nts 111de
by Cou nc il Metlbers B1lo and Kozacek concerning Resolution No. 39 applied to
this Resolution.
~es :
Na ys:
Abstain :
Absent :
ton carried.
RESOlUTION NO. 41
SERIES Of 1987
Council Nabers Van Dyke , Vobejda, Kozacek , Bilo ,
Bradshaw, Otis
None
None
Cou ncil Naber H1gday
A RESOLUTION FOR A CCitPENSATICII PlM SYST£JII FOR fWWiERIAL AND SUPERVISORY
PLOY£ES Of THE FIRE DEPARTMENT Of THE CITY Of ElfGLEl«))O .
CCUI:Il ...U IILO NDYED. COUIItll ... IM M£ SU.U. APPIOYAL Of
•noLUTICII 10 . 41, SEIIU OF IN7. Agatn , 1t was stated that the s-COli -
n s ud by Council rs B11o and Koza ce k concerning Resolut ion . 39
appl i ed to til s Resolution.
to
Ay s: Council "--btrs Van Dyke, Yobejda, Kozacek , Btlo,
Bradshaw, Otis
ay s:
Absta n:
A t :
. 42
1
Co uncil
,. M£ SlO-ED. APNO¥ Of
Van 0y , V da. oz • 811o , I • •
Englewood Ctty Council Minutes
December 7, 1987 -Page 7
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Absent: Counc t1 Mellber Higday
Motion carried. Council Mellber Bilo stated he appreciated the efforts and the
work of the .. nagerial, supervisory and confidential e.ployees. He stated he
hopes the econ011ic situation i11proves so that it .. y not be necessary for
Council to take sa.e of the drastic .. asures which have been considered.
(d) A resolution establishing annual salaries for Council appointees,
certain staff of the City Attorney's office, Municipal Court Judge and Associ-ate Judges for the calendar year 1988 was considered.
RESOLUTION NO. 43
SERIES OF 1987
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATIORNEY,
ASSISTANT CITY ATTORNEYS, PARALEGAL, UICIPAL COURT JUDGE AND ASSOCIATE JUDGE S FOR THE CALEJilAR YEAR 1988.
COUIICrL ..U YM DYU IIDVED, COUIICJL .,_. IUDSIWI Kc.m, FOI APPIOYAL
OF l£SOLUTriJI •• 43, SOI£5 Of 1M7, WITH THE SALMr£5 TO rii:UDE A n; 11M(
rMClEAS[ AS FOUOIIS:
ern IWIMO $11,310 ern An.-v seo. 110
urcrPAL CUT Mil( $11,310 ASSrSTMT ern Ano.EY $10,111 ASSrSTMT ern Ano.EY ~ $l3,111
PAUl £IAl $31,173
TH£ SAlMY Of THE ASSGCIATt ....U F11 THE tllmMI Y£M 1-SHALL IEMII AT
$250 P£1 DAY. Before the vote •s talteft It was conftrad that the Associate
Judges 110uld not receive a n; Increase . Counctl ....,_r Kozacek c~nted that
at any tt .. the City Council deels it necessary due to ftnanctal hardships or
decreased revenues, the foregoing W198 Increases could be withdrawn or changed.
Ayes: Councfl Mlllbers Yan Dyke, Vobe jda, Bilo, Bradshaw,
Otis
Nays : Council "'-bar Kozacek
Abstain : None
Absent : Council .....,_r Htgday
ton carried. Council ....,.r Kozacek stated he voted In opposition u h
did not f 1 t pay Increase was justified for the .. na rtal staff.
12 Ctt1 01 r's ~
tsed Counctl that t lease for the •lnlature golf cours
for consideration at t Dec r 21st tlng .
13 City Attorney 's Report
t p
(a) l
(b) l
(c) l
nttd t foll tng h1ndouts for Council 's Info~
u t of O.vtd A. hlds
u of Jerrald and Jer1ld Heinrichs
tllty of City for fatl~ to exttngul h fire outs
•
ton:
City
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Englewood City Council Minutes
Deceaber 7, 1987 -Page 8
li•its
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(d) lease infor..tion on Trolley Square King Soopers property.
14 . &eneral Discussion
(a) Mayor 's Choice
Mayor Otis did not have any .atters to bring before Council.
(b) Council Me.ber's Choice
There were no additional .atters to consider.
15. Adj~t
COUIICIL ...U IUDSIWf IIDftD TO ..... The .. ttng adjourned at 9:05 P·•·
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DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO
Case No. 85CV1306, Division 4
MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY
CITY OF ENGLEWOOD, a Colorado home rule city,
Plaintiff,
vs.
ENGLEWOOD CAREER SERVICE BOAkD and
JOHN L. LEY DON,
Defendants.
Defendant Englewood Career Service Board (•Board•), by
and through ta attorneys, Caplan and Earnest, respectfully
requests leave of tbe Court to au~t auppl ... ntal authority
1n support of ita poaition tbat tbia action under
Rule 10 Cal (4) abould be cUaai .. ed. Defendant Board urgea
the following additional grounds in oppoaitlon to
P a intlff 'a Petit on:
P a1ntlff baa conaiatently ar9ued that tbe ordinances of
the Clty of Englewood, apeeifically aubaectiona 3-1-40 J.b.
and c. of tb !n9levood Municipal Code, probib t tne Board
f:o 1110d fyutg tb diaaiaaal rec:o.~endatioft iapoaed by tb
Cb f of Po 1c under tbe facta of tb • eaae. OD October lt,
1 7, a propoaed orcS n&nee ... nding aubaectiona 3-1-J .b.
d c. a a tted to tbe C ty Council for firat r a d1ng.
d ordinanc fail d on f1rat r ad1n9.
I .
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of variant language in an amended act to have meaning iden-
tical to the former language violates the rules of statutory
construction. People~~. 5 P.2d 249 !Colo. l93ll.
The same rules govern construction of ordinances as are
applied to statutes. Gomez~ City of Sheridan, Colo.,
611 F. Supp. 230 !D. Colo. 1985).
The language which was proposed to be added to
subsections 3-1-40 3.b. and c. would have amended the ordi-
nance to eliminate the power of the Board to modify or alter
the discipline imposed by the City. Despite the proponents'
characterization of the proposed amendaent as a clarifica-
tion of the existing ordinance, the added language clearly
changes the law. Under the ordinance currently in effect,
the Board enjoys broad authority to determine whether a
d1sciplinary action imposed by the City is supported by just
cause. Well-established rules of statutory construction
require that subsections 3-l-40 3.b. and c. be read in con-
j nction with other'proviaiona addressing the duties and
powers of the Board. Beating and Plumbing Engineers, Inc.
v, B. J. Wilson Co.i Inc., 698 P.2d l364 !Colo. App. liiiT.
under subsect1on 3-N=!OTBl of the Englewood Municipal Code,
the Board is empowered to issue a decision which states •the
appropriate rule, sanction, relief or denial thereof.•
Because the proposed ordinance prohibiting ~dification of
d1aciplinary .. aaurea imposed by the City severely restricts
tne Board's power to order the appropriate relief, the pro-
posed amen~nt represents a change in the law, rather than
a c ar1f1cat on of the existing ordinance. See, Bar 70
Enterpr1seaf ~ v. Toaco Co2~·· 703 P.2d lii' !Colo:-
! 85 >: Peop e ~ Bire;-lli P. 149 (Colo. 1912>.
Tb C1ty Council rejected the att.-pt to change the law
•• pro 10 d n the existing ordinance. Defeat of the pro-
~ d am n nt represents a aeter.Unatioo by th Council
ex1at1ng subsections 3-l-40 3.b. and c., 1cb
ard ith broad po era to deterain juat cauae,
1ta n ot regard n9 tb po era of tb loard. In
tin9 any statute, th ot n of tb la nv bo y
aae rta1n d and 9 v n effect. lnqraa ~Cooper,
d 131 4 <Colo. 1915>.
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City accepted the Board's action without challenge. In
addition to the cases cited in Defendant Board's Brief pre-
viously submitted to the Court, see, In the Matter of the
Appeal of Jerald ~ Va~ghn, !! al. v. Jack L. Glaab¥; et al.
11975), attached to th1s Mot1on.
In addition, the authority of the Board to modify
discipl1nary actions is consistent with judicial interpreta-
tion of subsections 3-l-40 3.b. and c. In Charles Reynolds
~ ~ hing .~ City of En~lewood, Civil Act1on No. 33287,
D1v. 2, t e D1str1ct Court or Arapahoe County found that
under the 1969 Englewood Municipal Code, the Board may
affirm, modify or reverse the City Manager's action
dismissing employees. The relevant provisions of the 1969
Code are essentially identical to those at issue in this
case.
It was not until the Board acted to .adify the ter-
mination of Defendartt Leydon that the City directly
challenged the Board's authority. If the City wishes to
effect a change in the existing powers of tbe Board, the
proper course is to present an ... n~nt for consideration
by tne appropriate legislative body, tbe C1ty Council. The
C1ty used th1s course once, and it failed in its attempt to
have t e la changed. The City cannot properly attempt to
accompl1sh the s ... end by seeking a judicial 1nterpretation
of the ex1st1ng ordinances wbicb is entirely at odds with
th ntent expressed in the ordinances, tbe past practices
of tne Board and the City and with prior judicial interpre-
tatlon. In the future, the City .. y present additional
· nts to the C ty Council, but such ... nC..nts would be
pres d o operate prospectiv ly. COLO. REV. STAT.
-4-0 : £xotlc Co ns, Inc. v. Beacoc, 699 P.2d 930 IColo.
S l . etroactlV leg1alat1on-ia generally not !avored.
~~~= ~ ~ Cb a cal Co., 676 P.2d 1215 (Colo. ~p.
_,_
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Civil Service Co .. ission, 604 P.2d 1186 (Colo. App. 1979).
The purposes of the disciplinary review procedures provided
in the Englewood Municipal Code and the interests of judi-
cial economy would be well Hrved by an Order affiraing the
Board's action.
Defendant Board respectfully requests that the Court
affira the Board's decision and disaiss the Plaintiff's
Rule 106(a)(4l Petition. Alternatively, the Board requests
an expedited hearing at which u-it would be allowed to
present oral argu.ent on the affect of the City's proposed
aaendment to change _the Board's authority.
Respectfully su~tted,
By:Rl~~~
Attorneys for Defendant
Englewood career Service
Board
1301 Spruce Street, Suite 300
Boulder, Colorado 10302
(303) 443-1010
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CERTIFICATE OF MAILING
I HEREBY CERTIFY that true and correct copies of the
above and foregoing MOTION POR LEAVE !0 SUBMIT SUPPLEMENTAL
AUTHORITY were placed in the United States .. il, postage
prepaid, this \?t~ day of Noveaber, 1987, addressed to
the following:
Sander N. ~arp, Esq.
Jtarp ' Dodge
1100 Stout Street, Suite 470
Denver, Colorado 80202
City Attorney
City of Englewood
3400 South Elati Street
Englewood, 'Colorado 80110
-s-
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MEHO ;·
•.. I,
.:t'(. ·, .• ,,
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o "l
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TO: Career Service Board 1-lembers
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Bev Bjugan, Secretary Career Service Board
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FROM: 1 Nancy U. _ReiC\_, Acting City
!: I DATE:· October 7, 1987
I 1 •
RE: Amend~ng the Cafeer
·'
I
Service
... !: ··.· !·
,: : ..
Attorney
.... ·I . ,
syst.em .• . I :.·
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.!. ·· .. ··· .
By request of the City Council I am forwarding to you a copy of a
proposed ordinance Amending Title III of ' the Englewood r~unicipal ~1
Code 1905 relating to the Career Service Board for your
consideration pursuant to Section 138:1 Englewood Municipal
Charter ..
This is scheduled for fhat readin9 October l9 ,· 1987 and ~~
reading November 2, 1987. J' ;I
~Jl7r:)
.: I ' .. ...
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City Council J.Sembera
Andy 11cCovn
Peter Va._r9aa
Hel pevi rt
••
£XRXI1T l
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or.nn~l:E NO.
SCRIES OF 1907--
•
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DY J\llrnoRIT'i
A BILL FOR
COONCIL DILL NO. 67
IN'mCXlUCED BY COONCIL
~ll:l-mER ------
J1.N ORO II~ AHO~I~ TITLE 3, I!NG:L&·OX> KltUCIPAL COOE 1985, nELATI~ TO '111E
CARmR 5ERV4C!: SYSTD·I.
\l!tiJU:.AS, the City Council feels that the Charter provision concerning
the po.~ers ancl duties of the career service Board under disciplinary appeals
are clear and concise; and
\:t~. to clarify certain ordinance provisions concerning the powers
and duti~ of the Career service r.oard under disciplinary appeals, Council
desires to am!nd Tlt1e 3, DC 1985;
HCl7, 'ni!:REFORC, EE'IT ~BY 'mi: CIT'i COONCn. OF THE CIT'i OF
ElG.!lDD, ~. THA.T:
Section l. Scbsections o 3. b. Md c. o! Title 3, ~te= 1, Section <,
~1~ !l!."'Llci?AJ. Code 1985, are hereby etended to read as fo lows:
3.b. To hecr disciplinary appeAls f~ any !ull-ti.rle permanent
c ass !1~ e::"?lOY" with respect only to whether that c;op1oyee'a
..... ....,.,.ion, ~ion, or~ was for c:.use "'hich relates to the
-!o.."":':IIL"~Ce o! 0,:.-i•, per.cnal ~. o:-any other f-=tor ~i.,.-,t&.l
to • C.iey ar-4/~ &."fY ot.hc Just anc5 reuonc1e ca:se. :N n:t !:11::::1'
':'!~ ~S!: :.s Felt~ PeR DlSCil'Lll:E, 'niE !CWO 5JW.L NO:' l·a>::FY 00 1.!:.-""!:R
':'!:: D!S::Y...DC sn.t:::l':D ll't '!11£ C!'n' ~ 00 R!S DESIQo;::::.
1n• a hurin9 o!! eer (w th dlm::r.atnble l!:>ility b
a CN) to fi.n4irl9s a.nd 1" :icr.a to t.he
am~lf&.l w1 to 41scipllnary • ala .-.d i:
QW.L TKIS t.I'PO~ rt CQ:sTRUt:O AS ~ , IE
EXa:SS cr nmt c;wm:o TO THt CAAI::I:lt S!:Mct
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Section 2. Subsection A of Title 3, Chapter lN, Section 9, Engleo..ood
~~ici~1U Code 1905, is hereby amended to read as follows:
3-lN-9: DISCIPLmMY APPEALS
A. Subject f.lc1tter of appeal. A full-tilll!, permanent, classified '
enployee 11111y appeal to the Doard to review his disciplinary
suspension, disciplinary demotion or disciplinary discharge. 'Dle
Board shAll hear the enployee ,. s disciplinary appeal with respect to
only whether his suspension, dlnotion, or discharge was for cause
which relates to the performance of duties, personAl conduct, or any
other fliCtor detri~~ental to the City arit1/or any other just anti
reliSOil&ble cause. lN 'l'UE EVEln' 'lHM' c:.\USE IS FOlK) Fen DISCIPLD~,
nn:: DOMI> SllhLL rm rmU'Y ~ AL'l't!:R nm DISCIPLINE SI:UX:TED BY nm
CITY l·IANAGER en filS DESI~. .
IntroC.lced, read in full, and passed on first reading on the 19th day of
October' 1987.
Published u • Dill for 11n Ordinance on the 21st day of O::tcber, 1907.
Attest:
Pa-:.ncu H. craw, Cl.ty Clerk
!, Pa~icia n. Crew, City Clctc o! the City o! !:n~Jl~, Colc::acb,
hL-eby ce.."'ti!y t.~t the lllxMI and fClnCJI)ing ia a true capy of a Bill for 11n
O:'di.."WIC:e, in-:...~. reAd in full, and pu...s an !!.rst ~ an the 19th
~Y o! 0:--...c:be:', l9S7.
fa :.ne a H. cro:;
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IN AND BO'ORt THt CARttR StRVICt BOARD
IN AND rOR THt CITY or tNGLtwOOD
STATt Or COLORADO
Case No. ------
IN THt MATTtA Or:
THt APPtAL Or JtRALD II.
VAUGHN, RICHARD A. Wll.-
BOURNt, CHAALts U\'NOLDS
and JOHN L. WIJIIG,
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Pet It loners , )
VI.
)
)
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JACK L. CLASBY, Chief of Pollee )
of the Englewood Pollee Oepen-)
ment and ANDY McCOWN, Cltr )
Manager of the City of tnole-)
wood , end KI:U.S WAGGONER, )
Actin; City Manaoer fat the City )
or tnolewood on at about O.C:e•-)
ber l, 1974, concernlno dlaclpU-)
nary acuona. )
)
lt .. pondentl. )
THtst MATTW heve co.e bef
fiNDINGS Or rACT,
CONCLUSIONS AJIID
DtCISIOH
the Cateer Senr ce loerd oft
City o! tn;lewoocl aa e11 ·~al of 0 KlPlln..., AcU011" by the Petl\1011 1
p rt ant 10 t • CMtt and Ordinancu of t City of tftcl • T Pe-
v!d WcCa:l. The ~••POll-
•• • t lr • I I •
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The Pelllioners were at ell times Pt!rtinent hereto patrolmen in the
Poll e e Department oln the claaslfied service of the City of Englewood, Colo-
redo . Pr i or to December 2, 1974, Petitioner Vaughn had been employed In
the Eng lewood Pollee Depertment approximately seven (7) years : Petitioner
We lbourn e had been employed approxtmetely five (5) years : Petitioner Wing
had been employed approximately lour (4) yeen and eight (B) months; and
Pet itioner Reynolds had been employed approximately three (3) yean end
nine (9) mont h a . All were or should have been aware of end familiar with
t he rules e nd r egulations of the Englewood Poll e e Departm ent e nd the perti-
nent munici pa l ordlne ncea , I ncludi n g t h e out lined procedures for vri evenc es
which were In effect I t the time In question In the Pollee De pa rtm e nt and
the city.
further , 11 e ll 1111111 penlne nt hereto R.es pondent leek L. Cl u by wu
the duly appo nted Chief or Pol c e of the City of Engl ewood ; Respond e nt Andy
McCown wu the duly a ppointed City N e ne;e r or the Cuy of tn;l-ooc!; e nd
Rnpondent kella Wevvone r wu the Acun; City Ma na;lt' In the City Mene;er's
eb11nce on 01 about O.c r .1, 111 4 .
In ~ov of lt74 Nerlye Dllre n, 1 r e poner from t tn;IIWOOd
tiC1 Wit ,. Uonw V e~hn end PetiUonet We i·
a ao tbet • • c t e • -•-
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Neither Petitioners Vau9hn nor Welbourne con&ulted their superior
officers concernlnQ their Qrlevances and complaints prior to the Interviews ...
being t a ken and neither made any attempt to air the grievances and complaints
through the available procedures within the Pollee Department or as established
by the t nglewood Munlclpel Ordinances.
As e result of the Interviews herein referred to, newapeper ertlcles
appeared In the tn;lewood Herald Sentinel on November 21, 1974 end Novem-
ber 28, 1974, wherein these PeUllonera ware aubatenUelly correctly quoted
concerning their complaints and ;rlevences as told by them to the reporter.
Petitioners Vaughn end Welbourne entlclpeted that thei r comments were to
be printed when they ware made Lo the reporter,
Subseque'V to theaa evenu the Appointi ng Authority by letter of
December 2. 197 4 reprimanded Petit ioners Vaughn end Welbourne end re-
rnlnded them of proper procedures to follow In the future. Petitioners
Vaughn and Welboume. flied their "Appeal of Disciplinary Act•on • which u
,
ln e!fec:t a properl y flied ;rievence under our procedures , re~uut ln g that
the Lett era of Reprimand be revo eel e nd axpun;ed from the r records.
The Board further Uncle that as e ruult of one of the nterv aw•
re!t ned to rein tbove, l'etmon r Rtynolda wu contacted by t same
rep:me•, Marlys Duran, who req ested en Interview Wllh bl • l'tUUon
F:_,.no as i r•ntecl the lnterv ew '"li&Jnv t
IOU 101 " ceuon 1
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1974 as he anticipated or should heve enttclpated the)• would be.
Petitioner leynolds, elthou9h aware of the 9rlevance procedures
evalleble to him, did not attempt to proceu hll complaints or 9rlevancea
throu9h those channels In an effort to aeek Improvement or to simply be
heard be lore elrln9 his !jrlotvencea In the public press.
Thereafter, the Appalntinv Authority, by letter of December 2, 1974
reprimanded Petitioner Reynolds end reminded him of the proper procedures
to follow In the future. The Letter of Reprimand waa delivered to Petitioner
Reynolds on December 3, 1974 by the Chief of Pollee. Said letter, dated
December 2, 197-C, hed been forwarded to the Chief of Pollee for delivery
to Petitioner Reynolda on December 2, 1974 but , since that date wu • dey
off for PetltJoner fleynolda, the leuer could not be end wu not delivered
to him until the followlnv dey, December 3, 1174. The feet of the letter
end of the reprlmend heel, however, been repaned In the Denver Post on
December 2, 1974 end Petitioner Reynolda wu aware of lu utstenc:e before
lis actual delivery to tw..
Petitioner Reynolda wu envered by the repr mend, wh ich he felt wu
unt at, end by the feet thet be heel read of the raprhund In the newspaper
1or to 111 del very to Ilia. A. • rt~ult of hla enter. he, on Dec-ber 3,
lS74 , nth pruence of tbe Chi ef ot Pollee end another aupe cw otf.lc:w,
a::: anc! apolte to t Chia.f In a ••on• which wn dJaraapectful end ina
IIIII e. H I IC\JOftl end II
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c r. .. •• r Jt ol ,
•p·~~·~·c ·~'~•••••••
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City Manager, with the approval by phone of Respondent McCown, Issued,
In the late afternooa of December 3, 1974, 11 Letter of Suspension to Petitioner
Reynolds, suspending him from the l:nglewood Pollee Department for thirty
(30) calendar days.
During the day of December 3, 1974, Petitioner Reynolds , after re-
ceiving the reprimand end prior to the end of hla shift et 3:00p .m., heerd
rumors eround the Pollee Depertment of some Impending discipline to be
leveled eveinst him. However, he wes uneble to confirm whet might be
ebout to lleppen and none of hla .superior officers Informed him of the Impending
eclion. The Chief of Pollee hed decided to ewell the formel letter from
Acting City Meneger Weggoner before confronting Petitioner Reynolds with
his dJ&clpllnery et:Uon of suspension.
Stnce the pepen from ect ng City Neneger Waggoner hed not errived
et the Police Department by 3:00p.m., the end of Peutloner lieynolds shUt,
end tllerefcre could not be delivered to him, thla l'etiUoner wu told the: he
could go hoae but wu eaked 11 he would be evelleble 11 home so the: he
co ld be celled wheo the pep•• arrived from Acting City Meneoer Weggoner.
A: tbet p0 n:, Peuuon..-lleyoolda heel heerd rWDon of whet might be hep;~en
lng, but DO one Jn euth«iry bed ~fronted "'-wltb l feet of ll.la auaPift-
llon. ~ n t request -• -de bye aupenor oUlcer the: he be eve leb e
111 e few ceU, Pe:tt oner Ref d1, .au ely en; • end lc ID ~onel
A.a • r
D ref~
IJe
e to I e Chief Ill I pr; a
0.1~11181'11.
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spondent Clasby recommended his termination. Respondent McCown, after
Investigating the charges made by Respondent Clasby, wrote Petitioner
Reynolds a Letter o( Termination effective at 3:00p.m. on December 3, 1974.
Petitioner Reynolds properly flied his "Appeal of Disciplinary Action"
requesting that his Letter of Reprimand, Suspension end Termination be
revoked and expunged from his record end requesting that he be reinstated
to his employment with beck pey.
Prior to the events of November end December, 1974, Petitioner
Reynolds had received no disciplinary action In his capacity as • petrolmen
with the tnglewoocl Pollee Depertment end had been • satisfactory employee.
The llollrd finds his actions end attitudes expreued, as outlined herein ,
were contrary to t!s usual prior conduct end attitudes In the department .
Wllh respect to the Appeal of Petitioner Wtn;, the llollrd ftnds that
subsequent to the receipt by PeUIIoners Welbourne end Ve u;hn o f t h e :...:tars
of Reprimand, PeUUoner Win; .. ked Mayor James L . Tey lo: I! e nythl n ; h ad
bHn d i scuued et City Council ~cemtnv the Pollee Ofbc en Ac:-.Jve Coe U-
t on or the newspaper anJclee to wh.lc:h we have refei'Ted. A venera! d ls -
c:u u on e n siled Ml.w-n P.Ut onar Wtnt and Wayor Ta y lor wl\lch l .. t e d
e ppr oaU..tel y tl\lrty (30) llln t e•.
Altar 11.1 1 c:onv•••Uon• wit Wayw , Petluone r Win re l\lt'n to
PoUc:e :>e ;ae rtan t ••• be ••• e t • de• lo t eq a d ,_ alMI • •
para e l t e l e pbone cell to t PeutJOft
u e or
II 00 •·•· a lld II 0 •·•· M Dec 411•1M•
l u t ed a llllll ol bll 0 ) to tw
T o IU fell poll oW
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In the Immediate area of the desk from which Petitioner Wing made the phone
cell. S91. Wallace wu doing stetlsUcel work 111 his desk In the odjolnlng , ..
ortlce end OHJcer Grey was occupied during pert of the relevant period of
lime In making en accident report with three citizens, all In the same room
from which the cell wes made,
Out of the approx.tmete twenty (20) minutes of phone conversation,
S!ll. Wallace overheard approximately three (J) sentences or phrases and
Otrlcer Grey overheard one or two sentences or phrases. A repOrt of the
snatches or conversation overheard by Wellece and Grey was made to the
Clllel of Pollee,
Prior to Dec-ber J, 1!174 Petitioner Wing has had several dhclpll-
nary act ons, lncl~lng suspensions from the tnglewood Pollee Oapertment.
On December 6, 1174 the City Meneger upon the rec:ommendetlons
ot Rupondent Cluby, directed • Letter of Term netlon to Petit oner Wing.
!he decJsJon to tenalnete Petitioner Wing was Preclpltetad by the telephone
conversation. Although l'eiiUoner Wing's record o! personnel act ions wu
g1v n much w ght Ia the decision to tem.lnete IWa, no such dects on wo~ld
have bee., ade but tor the telephone C:Oftverut on with l'eUUoner Vaughn
on :lee: l, 1174 .
rd Uncle QO C:Oiftpelent w.ldence conc:em ng 1 te ep e call
10 • JIIOn • JIOIMI
Cluby'e r -enclet on lord • nal 0: Pallo •
'• Letter of Te to J
Ia ...
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At this hearing It was stipulated, and the Board ao finds, that the
pertiea were all properly before the Board. The Board finds thia hearing to
have been granted end held with 111 pouible diapatch for the protection of
the parties.
Petitioner John L. Wing's termlnallon was ef!ectlve 11 the end of his
ahl!t on December 6, 1974. Petitioner Charles Reynolds' term lnetlon wu
ef!ecuve 1t the end of his shift on December 3, 1974.
The Board concludes as follows :
All proper edmlnlltrauve procedlltel required or the penlu have
been properly completed through this helrlnv.
The PeUtlonera, and each or them, have been affatded and have
not been denied eny or their Conathutlonel rtvhu.
The Respondents, by the r ectJons In these matters he e not uceeded
their Juruo1ct1on.
The evidence evppons the Aeapondent 'a Lett era of Ae;mman.d 11
cti~ cted to Petltlonera a1111bn , Welbow!le and ~ynolds.
The Peu on AeYt~olds, by 1 IICllona on Decea r l, 1174 1 ed
c! ar spect tor t • honty ol a 1 nora, dl1c:ovnesy to hia te
orueera, , end lee old.ltc:'P ne. Hta conduc:1 w11 d e tnae 11•
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Pelltloner Wing would not hfiVe been terminated but for these pertlculer
chergea. . ..
TH&RErORE, IT IS THE DECISION Or THIS BOARD that the Appeal
or grievance of Petitioner Vaughn ia denied end the Letter of Reprimand
directed to him atencll. The vrievence of Petitioner Welbourne Ia dented
and the Letter of ltepdaencl directed to hi• atanda.
lT IS THE rUitTHEII DECISION Or THE lOUD that the Appeal of the
Petitioner lleynolda •• to hla Letter of lleprtaencl ia denied end the Letter of
Reprimand atenda; '-ever, the Letter of T-ineUon ia reveraed end the
Petitioner ia reinetetecl. The Suapenaton of Petitioner lteynolda ia hereby
modlfled to ltfteea OS) calender deya cooa•eacinv Dece•ber 4. lt74; f~
the date of the c:o.pJeUon of the Suapenalon Petitioner lleynolda h relnateted.
with full beclt pey end beneltta.
The Appeel of Petitioner Wing Ia vrentec!, the Letter of Te:t:~lna:Jon 1a
reversed. end he ia hereby relnateted •• of the date of hla Terr:Unat1on With
fuU beck pey end bea.Uta.
Thla decJiion rendereclthia Z1th dey of Tebrvary. IS75.
C.Uttll SDVJCE aoAIID-CITY or DIGUWOOD
c.f!d .. ~JL'f?t;-
VlCt-GIIAIAMAJf
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MEMORANDUM ...
TO: Rlcbard Lortg, Director of Persomtel
FROM : ADdy McCown, City Manager •• ..
DATE : Febnaary 28, 1975
SUBJECT: REINSTATEMENT OF OFFICERS WING AND REYNOLDS
The Career Service Board ba1 ordered the retD.tatemeftt of Officers
John L. WIDg ud Charles Re)'Dolds to Pollee Officer Ftnt Cla11 of
the City of Enclewood Police DepartmeDt. ID.Jbe pse of Pmcer RevDolda
the 30 dav stem without pay previously ordered wa1 reduced to
15 days to oom.meDce
Pleue make sun to follow up on the paper work oo both of the1e
ot!lcers to iuure that they receive all back pay due to them ud that
their reiutatemat 1a eflec:tfve immediately. In the cue of omcer
Re)"Dolds the supeuloo without pay would calculate to 1'\UI from
December 4, 1174, thi'OUJh December 18, 117(.
..
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A.:n "£Cgp
Cit)' M:a~~apr
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( rLAIIlllffS' £XII:BIT A
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IN TilE DISTRICT COUR 'f IN Al\0 I'OR
TilE COUNTY OF AAAPAIIOE
STATE 0~ COLORADO
C I" 11 Act ion No.-~-~.!.!.., J!.i .~.!
CHARLES RHHOI.DS and JOliN
L . WINC,
Plaintiffs,
"'·
TilE CITY OF EHCLEWOOD, A Nunl ·
c ipal Corporation; A~DY McCOWN,
City H~n•c•r for the City of
[nllewoo4 ; IELLS WACCON£111., Act ·
ln1 City Hana1er for tho City
or fnllrwoo4 on or about Deer•·
bor'l, 1974 ; an4 JACK L. CLASIY,
Ch of of 'ollce, l!nllewoo4 'o ·
lice Drpart•rnt,
Do fondants : •.
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AN ORUI:R Dl SliOI .V I !IIC
T[~II'ORARY RESTR ,\ I !Ill NC
OR.DU AIID DI S~IIS S INC
-~
Tho ebo11o entltle4 actloa c .. n1 on r ~cu :~rly fo r
erotofore Clh4, to 4 l uohc
an4 •1•• •• •• • a c t oa, was au
lltl ..... ,. All of \ • eo .. c I,
or u .. '" rra ,e ct • ,ar: tJ a 4
ro u l"fhU. . , •• I It ,ar \les ill ., ... ' rt,
... t c r .,, •• •••• t • ,, •• , •• , .. ,
•• , orr u • c ., ,. ly tno ... , .. .,,. ,., ,, , ... ,
,,,.
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tutcd ~n opJ>C~l pursu~nt to the l"nch·wood r.ity Ch:ortcr :on d
the or.linonce provisions rehtin& to the view of disdplin ·
~ry •atters as contained in Section S·l ·ll .of the 1~6~ [n·
J:lC!\•"OOd •lunicipal Code.
l. That said appeal wos ti•ely filed ""d on od·
~ersary hearina has been set by the Career Servi~e no•rJ
Cor January IS, 1975 .
;H~er Servi~e 1\o~rd of tho City
pursuant to the authority ~on ta lneJ In Its
City Charter and In Section S ·l ·ll(f) of the 1969 Enalc ·
..-ood Mun icipal Code .. y order the o(Cil·•ance, •odif\ca.Llon
or reversal of the nana&or's action in Jis•issina sold e•·
The Court further finds that the re•edles
and procedures prpvlded by charter a nd ordinance •eet the
essential ra4ulreaents of ~ua process required under the .•
Fourteellth Aaend-nt to the Unit ed States C,.,nstitution;
nttlEFOll, lt 1 hereby ORD ~·~~ that the
teaporary rcstraln l n& ardor heretofore I ssued on Dccc~~er
lht, JIU u 12:00 """• t.o •1141 tho nH,h ercby \"Ita·
t•L, a•t as i de, and dlasolved;
oret.y I a, d salsaed a t P l a at f!'a cost.
t • l • Jr• ••Y el Jan a ry, A.D. lllJ at
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IN AND lltFORt THt CARttR StRVICt ICARD
IN AND FOR THt CITY Or tNGLtwOOD
STATt or COLORADO
Cue No. _____ _
IN THt MATTtR OF:
THt APP'tAL OF JDALD II.
VAUGHN, RICKARD A. WJ:l.-
IOURNt, CKAIILts III:YNOLOS
oneS JOHN 1.. WING,
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Petltlonen, )
VI,
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JACIC L. Cl.ASIY, Chief of P'ollce )
of the tnel-ood P'ollce O.pan -)
ment end ANDY WcCOWN, Clly )
Mer~oeer of the City of tnele-)
wood , olld ICil.l.S WAGCON £I', )
~In; City Mona .. r for the City )
of tnel~ .., or ·~ Dece111-)
b«r l. !174, coocemtnc c=hcapll-)
n ary act!oal , )
)
Reapon.denu. )
Ctry o! latl...-.! u
rtNDINGS OT FACT,
CONCLUSIONS AND
DtCISION
PWI..-et to the C rurt a n.:$ Ore! an 1 of t City o! ~1.....-1 . ':lie P'•-
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Petitioner Wino would not have been terminated but for these p~~nlcular
charoe1.
THI:IItrOIIt, IT JS THE: DI:CJSION Or THIS IOAIID that the App .. l
cw orlevonce of Petitioner VOU9hn II denied and the Letter of Reprimand
d~rected to 111111 stallds. Tha trlevence ol Pell~oner Welbourne Is denied
end the Lener ol lleprt-nd directed to hi• 11end1 .
lT JS THI: rUIITHtll DI:CJSJON Or THI: 1~110 that the App~~al of the
Petitioner lley-lda e1 10 hie lAtter of llepflr,..nd 11 denied and the Letter ol
lleprlr~~ond atond1 ; t-ever, the lAtter ol Ter~~~lnallon II ravened and tha
the dote of the co.pletlon of the Su1pen110n PetJtloner lleynolda Ia relllstatecl,
wltll f11ll MCII pay efld Mftafill.
1M ~I of Petltlofter Wlnt II erented, lha Letter ol"rermlnaUOft II
revereed, ond he Ia ..._..,. ~natated •• of the date ol Ma TemaJna:lon Wltll
full Nell ~Y end llooMftu.
11tJ1 declal .. ,..._ed thll.l._hh doy o! rebrua,.,. 1175. -CAIIUJI SaMet toMtl -CITY Of DI~OOD
H . l. UAU
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RESOLUTION NO . ~
SERIES OF 1987
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A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COMMENDING PHILLIP W.
LUEBBERS FOR HIS BRAVERY AND HEROISM IN THE RESCUE OF TWO
CHILDREN.
WHEREAS, on November 21, 1987, Justin Luebbers, aged 7,
observed from a window that two children had fallen through thin
ice into a pond at 1900 E . Girard Avenue; and
HHEqEAS, PHILLIP W. LUEBBERS, alerted to the danger by his
son, rushed fro~ the apartment he was visiting and dived into the
pond withou regard to his own personal safety; and
\-l!lEREAS, PHILLIP W. LUEBDF.RS rescued the two children from
the frP~zing wa er, thereby averting a tragedy;
NOW, THEREFORF., BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF E'GLEWOOD , COLORADO,
THAT the City Council of the City of Englewood does comm nd
PHILLIP W. LUEBBERS
for hi~ h~roism and does ~xpr as ita appreciation for h s br v ry
on r half of all the ci izens of th City of ngl wood.
ADOPT D A 0 APPROVED h 2ls day of 0 cemb r, 1987.
htnc
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Color • \o .. _,
ll. Crow, C! rk
Ci 'I
c y
yor
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RESOLUTION NO. ~
SERIES OF 1987
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A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COMMENDING RANDI L.
WOLF FOR HER BRAVERY AND HEROISM IN THE RESCUE OF TWO CHILDREN.
WHEREAS, on November 21, 1987, two children had fallen
through thin ice covering a pond at 1900 E. Girard Avenue; and
\~HEREAS, RAND I L. WOLF, alerted to the danger, rushed to
the pond and, without concern for her own safety, plunged into
the freezing water to assist in rescuing the two children; and
WHEREAS, RANDI L. WOLF used her training as a nurse to
administer first aid to the two youngsters thereby averting a
potential tragedy;
flOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TilE
CITY OF ENGLEWOOO, COLORADO,
THAT the City Council of the City of Englewood doe s commend
RANDI L. WOLF
for her bravery and does express its ~ppr ciation for her heroism
on behalf of all the citizens of he Ci y of Englewood.
ADOPTED AND APPROVED the 2lb d y of 0 cember, 1987.
Euq
Pa rlcla H. crow, cl y cierk
I, Patricia H. Crow, Ci y Cl rk
Colo , h r by c r lfy h abov il
o . ____ • r1 o 1 87.
p
Is, Mayor
Ci y o
copy o
ngl woo ,
solution
ti. Cruw
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9 A
ENGLEWOOD HOUSING AUTHORITY
October 29, 1997
The R~ular "--ting of th• Engl.wood Housing Authority
Board of co .. tssion.rs was call~ to ord•r at 7a1~ P·•·
on Octob•r 28, 1997, at Si.an C•nt•r, 3333 South Lincoln
Str•e t, Engl.wood, Colorado, 90110, by Bradl•y Zl~,
V1ce Chair111an.
l'1t!tM) r s Ab n t 1
T V\
Bradl•y ~,~, Vtc• Chair•an
Norl-n Pal-r, Co .. tssio~r
Ray J. rl1n, eo .. ss1o~r
Tho-• J. Burns, Cha•r-n
G ry L. OZAC• • Co .. lssio~r
Alan "· F•anst•an, EM~. Da r~tor
"-ry A. Ryan, R ordtng Secr•tary
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H BOC Regular Mtg .
10/2 8/87
IV .
v.
VI.
There we r e no visitors scheduled or unscheduled Mho
attended the Regular ,...eting o'f the Engl.-,od Housing
Authority Board o'f Co~issioners held October 28, 1987.
Oc c upancy, Maintenance, and Housing Rehab Status Reports
noted with brief" discussion on the Occupancy Report.
DI SCUS§!~_!!t~§
A. Reso l u tion No. ~. Series o'f 1987, Approving Publtc
~~~~ng _QQ~~~!ing _~~gw!_fQ~-EY~Dft~---------------
IT WAS MOVED BV NORL E N
1987 , APPROVING PU lC PAI...J'ER TO APPROVE RESOLUTION NO.
HOUSING OPERATING BUDGET FOR
:5, SER IES OF
PROJECTS NO.
31, 1988 AS
C048-AND C048-3 FOR
SE NTED. RA J. IN
Aye I
N y s :
Ab s tat da
b s n :
Th Va
Th Va
FISCAL YEAR ENDING DECO.BER
SECONDED THE MOTION.
n d c l red th -otaon ra4t(l.
th I •
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,, HA 8 0C h egu la r Mtg
1 ;1/28 187
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c. ~~~!iQD -~-~~~-~Q~£0~~~-EY _~~-QQ~~~!ing _~~g~!
!:!QI!~
11 WAS MOVE D BY NORLEEN PAU'IER TO APPROVE THE SECTION B EX. VOlX:HERS
OP R~TI NG BUDGET FOR FISCAL YEAR ENDING DECE"BER 31, 1988, AS
P · 5 NT 0. RiW J. BERLIN SECONDED THE ~TI ON.
Ay s :
Nay _:
Absta1ned:
Abs nt:
Z i~, Pal .. r, S.rlin
Nonw
Non.
Burns, ozac•k
1 T WA 110VED BY NORLEEN PALI"'ER TO APPRoVE THE SECTION B NEW
CONSTRUCTION <SI"DN CENTERI OPERATING EIUOGET FOR Fl~ YEAR ENDING
DECEf'I BER 31, 1988 AS PRESENTED . RAY J. BERLIN SECONDED THE ~TION.
Z tt!Q, Pa t .. r, Berltn
None
Burns, oz •
Un
T va lf I •
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:'+1 , c:::.11J . ,..,.t-1
:;-... ,. 7
Thr· 2 nqle•-.ood Ho using Deve1 opm n t Corpora t1on
r Ci ,.,,, l ••d th t the EHA a 1 ter the Rent a 1 Rtthab
P, r• =l• .;,r Go 11 ~o-1 1 n£-s to ~nab 1 e th• HOC to use RRP
fLn -f or th p roJ ect l oc ated at 3167-73 South
I 1 '"=r·ln St. Tht r •a so fc·r t h 1 s ,-eques t w;as
b i'c ~u s th Jro Jec t .,,,u Jd 11ot f 1 na c1a11y
w1 1 h co r1 fert 'IPd paylftent 1 oan t a 3')(
r tF ovt>1 te n-).eil pPrHid. Th1s
f, om th•l "1': 1n nr t rate .,.o ld ble ~." t o •f~ ,. rft t 1 ona l l ow-1 o~r.e hou 1 9 1n
tf, l~y C ( • 91 "'D 'd.
... ~
""t t ~, ..
'''' Hi
1 nt
•'I( (
011v yo:~nc t•
I tn<oln.
l'tOT JON
the co mm1 a loners pt· s nt
s ao. at Rehab
llH"l
,, th
· 167 '/3 Sou th
I I WA . 1'11.l\lt-0 RV NURt HN PAl 11fH IU
PRUGRM uU I Dt I J Nt •, IN OHOf R Hf N f 1\1 I l HI'IB
LUON IN I
l)t ORAl ION
WI I H (I OX
I ttl Nw IUN 1
fHf I'ROf'fiH
1\v '"
N y 1
1:
AfWliJNr rw •Po, • 10 n•
I llfl lltf PRilrt RfV l 1\H 0 AT
(<"I ~I) ~Ht.l Nl) UHn !ll AAH
or t>t'O, 000 f)ll( AN A VAlli I
RIW J • llf At I N ( t}Nt 0 H
t. t 1 n II '·
Nr
N STRH l
I I N IN
VAN(.( Of
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tiiA /IIliC:
IIPqu 1.11 Mtl] 10/211187
VII,
VIII.
1)(,
HP statPd
the State
pa tures
thP-City
the ne11t
Ala111osa.
that the proqra111 is so success~ul that
is going to the ~bile ho~ park to take
and that Janet Gri~~~~~~ett and Robb Short o~
Rehab Dept. have been asked to speak at
Rental Rehab Progra111 ~~~&eting to be held in
fhP E~eecutive Director reportPd that Goals and
ObJPctive• ~or FV '98 ~st be approved at the
Annual ,_.tinct o~ the nql~od Housing Authority
Board of cn .. issioners to be held 1n F~ruary 1988.
fhe 111ater1als supplied at thi s 111eet1ng in October
NPre to aid the Co111111issioners an advanred planning
to accn~~~pl1sh sett.Jng the goals ~or FY '88 in a t•.,•ly •anner.
F I NANC;; I 1\1 Hf ~1
lengthy dac;cus"iJOn
rt> rvl• tot .. ublar
c •n hf"• u <I. fhe
OtAP le11 Una ts v
to HUU
~Pd reqard anq the operatang
and th • nner tn Whi ch t
of' th Pub I a Hous 1 ng
ed.
Th.,. I tt
requ t tn
.~r1dJ t 10o;1 I
u tton
lnw anrn
( .. RAt.
A.
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I:HA/flt It:
HP<JIII.II Mtq 10/?1:1/8'/
rhe EMecutive Director reported that h~ had
rp eived the Structura l Engineer's Report on the
eight structures in the SNedish ~ical Cent~r Four~ation properties Nhich the Englewood Housing
Author•ty had dee.ed 1n~easible to r~ab because o~
the I argp a-aunt of' -.orwy ~ed to rehab th-.
fhe orJQJnal esti•ates ~or structural repairs Mere
cn-.larr.d with the ne. esti•ates f'or structural
repair 1n li9ht o~ the Structural Engine@r's Report.
Thp HA had off" red Swedish ~l ea l C~nt~r Fou~atton • :::t3,h3() f'or th properties, nd Swedash ~d1 al C ntp Foundation countered the HA' of'fer
With a prt of' •7~5,000. It wa s the c ontention of
Swed1sh "edical Center oundation that the EHA had
attr JbutE"CI too ~ h to th co t f'or tt•• rehab of"
the unt t s NhJrh re not to b d...., I I shed. An
xt n 1ve r v••w and da us Jon of' th Stru tural
.ngtrwoe ' Report followed.
nd
th
A
th
th
I .
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•
•
• •
EHA /BOC
Re g ul a ~ Mtg 10 128/87
l(.
r!QI!~
IT WAS I'IOVED BY RAY J. BERLIN TO AO.JOURN THE REBULAR I'£ETIN6 OF THE
ENGLEWOOD HOUSING AUTHORITY BOARD OF COf9USSIONERS HELD OCTOBER 28,
1987. NORLEEN PALI'tER SECONDED THE NJT I ON.
Ayes:
N•ys :
Abstained:
Absent:
Z aeg, PAl-.r, Berlin
None
None
Burns, OZACIPk
The V1c• Ch•tr-n d~relariPd thiP .-otton c•rr11Pd •nd thiP
RIPI}ul•r ,...tino of" thiP Enol~PMDod Houstno Authority Bo•rd
of Co-ission.rs h•ld Octob•r 28, 1987 •dJourned •t 'hOO p ....
-?-
I •
I.
II.
II I.
•
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ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS
SPECIAL MEETING
NOVEMBER 11 , 1987
The SpeciAl ~eting o~ the Engl.-ood Housing Authority
BoArd o~ Co~issioners w•s CAlled to order at 7100 P·•·
on Nove•ber 11, 1987, by Chair•an Tho••• J. Buns.
Me.Oers Present: Tho••s J. Burns, Ch••r .. n
Bradley Z 1eg, V1ce Cha r .. n
R•y J. Berlln, eo .. iSSlOner
M l'lb rs Ab s ent: Norl-n Pai-r, Co-••••oner•
Gar y ozace~, CO-lSSaoner
• Arr1v d at 8130 p.M.
At o P r s n t1 Alan M. Fe1n t••n
M c ut1v 01 r tor
ACQUISITION OF
_Tt ; ---------
DISH I'EDICAL
wath a dlSCU SS lOn Of t
nt 1nfor .. t1on that
p 1
n
I
-•
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HAI BOr
S pec t al Mtg 11 /1]/87
IT WA S MOVED BY BRADLEY ZIEG TO ADJOURN TO EXECUTIVE SESSION AT THIS
POINT OF THE SPECIAL MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD
OF COMMI SS IONERS HELD NOVEMBER 11 , 1987. RAY J. BERLIN SECONDED THE MOTION.
Ayes:
Na y :
Abst•tn d:
Ab s en :
8u n , Z teg, Bvrltn
None
None
P I r, 'oza v
IT CUT.lVE SESSION AND T~ TO
T 1
HOUSING AUTHORITY BOARD OF
11, RAY J. BERLIN SECONDED THE
Burn , , t , Ber It n, P 1 r
Th H
al-
Hou
ll •
tt n art d.
I
•
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EHA /BOC
S p PCl~l Mt g 11/11/87
IT WAS
S WEDISH
ECEI'IB
Aye s :
Nay s :
MOVED BY
MEDICAL
3 1. 1987 .
t!QI!OO
BRADLEY ZIEG TO SET THE CLOSING DATE F~ H£ 21
CENTER FOUNDTION PROPERTIES F~ NO LATER THAN
RAY J. BERLIN SECONDED THE r10TION.
Burns , Z ieq, Pal~r, Berlin
None
Ab sta i ned: None
Absent:
ll.
ozacek
The Chairman declared he ~taon carraed.
The Boar d of co .. a ss a on.rs darectwd the E~ecut ve Dt rect~r to obta1n add1taonal infor .. tion on the
par~1ng lot; spec1f1ca ll y , the nature of the agr .... nt
between Swedish 11eda a1 Cen ter Foundation and s-d1sh
Ho s ptt 1 as to whether the gr .... nt wa s a lease , an
ora l agree~ent, e c.
Th ~• ut1ve
o f
counterpropos 1
Foundataon to
l
1 od Housa~
held D c ltlllb 2 ,
l J
a l so da r ted by the Board
th re ltor putt1ng the
SNedish Med ic al Center
date of after the n.~t
rd ting scheduled t o
AUTHORI Z ING AND
T NGLEW0oo
ICATION TO HUD F~
---------------
I •
•
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EHAI BO C
S pec ial Mtg 11/11/87
~Q!!~
I T WA S MOVED BY BRADLEY ZIEG TO ADJOURN THE SPECIAL I'£ETING OF THE
ENGLEWOOD HOUSING AUT~ITY BOARD OF Cllttf1ISSIONERS HELD NOVEMBER 11,
1987 . RAY J. BERLIN SECONDED THE MOTION.
Ayes:
Nays :
Ab stained :
Ab sent :
Burns, Zieg, Pal•er, Berlin
None
None
ozacek
The Cha1r••n declar&d
SpltC lal ..._ting o~ the
Board of co .. issioners
Nove~er 11, 1987.
the -.otlon
Engl-od
adjourned
carried,
Housing
•t 10: 15
and the
Authority
P·•· on
~-1~ Alan 1'1. Felnstean
xecu t1ve Directo r
I .
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BOARD Of ADJUSTMENT AND APPEALS
ENGLEWOOD COLORADO NOVEMBEl 4, 1987
9
The regular meeting of the Englewood Board of Adjustment and Appeals wa s called to order by Chairman Welker at 7:30 p.m.
Members present: Hallagin, Seymour, Fish, Lighthall, Doyle and Welker .
Members absent: Brown .
Also present: Dorothy Ro.ans, Staff Adv isor
Mary Alice Rothweiler , Planner
APPROVAL Of MINUTES.
BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES OF OCTOBER I4, I987 BE APPROV ED AS WRITTEN.
Board Melber Fish seconded the ~tton .
Upon a vote, a 11 s 1x -.bers present voted in favor of the 110t ion, and the
Chainnan ruled the Minutes of October I4, I987 were approved as wr itten.
APNOVAL Of fiNDUIQS Of FACT.
BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASE 25 -87 BE APPROVED AS WRITTEN .
Board r Fish secon ded the ~tion.
Upon a vote all six lltllbers present voted In favor of the 110t1on, and the
Chatnaan ruled the Findings of Case 25 -87 were approved as written .
CONTIIliED CASE.
Ralph Schalp Olds.ob11t
4732 South lroadway .
T
IS
lo
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th continued Case 124 -87, and
stf~ny .
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BOARD MEMBER FISH MOVED THAT A VARIANCE BE GRANTED TO RALPH SCHOMP OLDSMOBI LE
FOR PROPERTY LOCATED AT 4732 SOUTH BROADWAY , FROM All THE LANDSCAPING REQUIRE -
MENTS AND THE ENTIRE TEN FEET OF SETBACK REQUIRED IN THE B-2 ZONE DISTRICT.
THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE , SECTION 16 -4-12 E
Z b (1), DEVELOPMENT STANDARDS IN THE B-2, AND SECTION 16-4 -18 C Z e , LAND -SCAPE ORDINANCE.
Board Member Lig htha ll seconded the MOtion .
The members loc ked in their votes and gave their find ings as follows :
Mr . Seymour voted "no" because there was no justification for suspens io n of the Ordinance .
Mr. Hallagin voted "no" because the Ordinan ce s hould be upheld and the re wa s no cooperation frOM the owners.
Mr . Fish voted against the variance because the integrity of the Ordinan ce would be injured .
Ms. Lighthall voted against the application because there was no attemp at
meet i ng the Ordinance , and the Ordinance would be weakened i f the var iance were granted .
Mr. Doyl e voted against the variance because there fs 1111p l e ro 011 for so l ands cap i ng , and the Ordinance should be obeyed .
Mr . Welker s aid the variance would Injure the Code , and ti .. wa s g ven for an alternat i ve solution and none wa s found .
Wh n th e vot s r displayed, all six ...O.rs had voted "no• an d t e c ai an
s tated the var i ance was denied , and th appl ic an .us t co-ply w th t Or di nan c .
PUILJC HlAaJNI FOI CASl 121 ·17.
Sun Tae ICt•
2737 South Do.ntnt Street
' p
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home to go to work, and there would be in their opinion, no impact on the neighborhood.
Mrs. Kim said that they pick up and deliver to the dentists' offices . The
work in the lab consists of glazing, backing, grinding, casting and polishing
to make crowns. There would be a wax-burning furnace and a baking furnace
which are electric. Aurora permits this process in residential areas. There
would be no employees, no dangerous chemicals, and the process is similar to jewelry making.
Ms. Lighthall observed that Utilities would require a water meter and backflow
protection. Mrs. Kim said they were unaware of that, but would comply . She
said there would be no ch~icals or fla~es. She has been a dental technician
for ten years and there have been no proble.s. Mrs. Kim said there is a big
yard (1/4 of an acre), and there would be no traffic other than their own car . There would be no noise or fumes.
leon Miller, 2701 South Downing, was sworn in for testi.any. He stated he was
not actually opposing the request, but listed his concerns as venting , chemi -
cals, increase in traffic, noise, hazardous trash, fumes, further employees ,
and space . He noted there fs warehouse spilce iiVilililble in the ilru ilt rea -
sonable cost. He Silid if those concerns ilre ilddressed, he would only oppose the request if there is iln i~act on hi s house.
Bob Schroeder, 1100 East Yale, was sworn in for testiMOny. He stilt d he Wils
concerned that this varilnce, if granted, would bec011e 1 pen~~ilnent Vilrhn ce
thilt would continue even if these owners IIOved. He also wanted usuranc
there would be no outside appearance of 1 business --parking, sign or llter -
iltion in the house or other structures. He asked If extr1ordtnary fir or
lectrfcal hilllrds would affect the insurance r1tes . Mr . Welker ufd that restrfc Io ns could be put on the Vlriance .
Mrs . Kf• returned to answer SOlie of the questions . She nfd ther uld be
venting fr011 th butt~tnt, but only for the wax . Ther uld be 1 s 11 fan
to dir ct 11r to the outside, but no f._s or 110ke . There would be little
truh, and h y recy cle the gold . Th• only suppl fes to be stored uld
gold, w1x lnd a 25 pound b, of stone . They fnt nd to r strict hours, and
Will no ave ~loy s. hey hav alread,y reduced th volu.e of th r u n ss.
hat th y hav a fri nd fn Aurora
uld not r qu f r special w rf119 or
or t ld, bu no o
•
•
• •
the applicant to fill out a form identifying the home occupation and indicat -
ing that all conditions will be met. The Zoning Inspector would inspect the
premises to determine compliance. She listed some permitted occupa tions as
making silk flowers, crafts, bookkeeping, the sale of Avon products, and inte-rior design .
Steve Mulhern, 2715 South Downing StrHt, was sworn in for testimony. He
stated he was concerned about precedent and value . If improvements are made
to the property, it may always be used for business ; and it is possible that
the Building Division would require substantial changes to the structure . He
said the impacts on the neighborhood and the R-1-A zoning are unclear.
Leon Miller returned to ask if the applicant is currently operating on the Downing property.
Mr s. Kim said they are still at 3490 South Grant, but should move as soon as
possible. She said they would either have to find another lab s pa ce or move
into their base.ent. She said their process is si•ilar to cooking and would
have no more effect on the neighborhood . She said they had tried to find
other quarters, but they are expensive. She has started another business and no w only her husband will work in the dental lab .
The Chairman closed the public hearing .
BOARD MEHBER FISH MOVED THAT IN CASE 126 -87 , FOR PROPERTY LOCATED AT 2737
SOUTH DOWNING STREET , THE APPliCANT , SUN TAE KIM , BE GRANTED A VARIAH CE TO
PERMIT OPERATION OF A DENTAL lABORATORY AS A lOt£ OCCUPATION IN THE R-I -A,
SI NG LE -FAHILY RESIDENCE DISTRICT. THIS IS A VARIANCE FRON THE COMPREHENSIVE
Z lNG ORDINANCE, SECTION 16 .4-1: A, GENERAl RESTRI CTIONS IN ZONE DISTRICTS .
Board r Hallagin seconded the ~tion .
Th me. rs locked in their votes, and gave the ir f ndfng as follows :
Hr . Se~ur voted "yes• because there was no hazard .
r . Hallagln voted "no• because the request wouldn 't et th code , ra fi e
gh Increased, and th re should be no bus ln s fn the R·l A
·l ·A zon dtstrtct Is the ~st
hazard fr• t dental lab ; t
to be no hardship ,
• 4 •
I .
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When the votes were displayed five members had voted against the motion, and one, Mr . Seymour, had voted for it.
The Chairman ruled the variance was denied, and the basement at 2737 South
Downing was not to be used for a home occupation .
* * * • •
PUBLIC HEARING FOR CASE 28-87.
Frank and Maxine Hartle
4673 South Pennsylvania Street
The Chairman opened the public hearing, sayi ng there was proof of publication and posting.
Dorothy A. Rouns, Acting Director of C~nity Develo~nt for the City of
Englewood, was sworn in for testi.any. She stated the applicant was request -
ing a variance to pen~lt the detached structure on the rear of the property to
be used for sleeping facilities. This is a variance from the Comprehensive
Zoning Ordinance, Section 16-4 -4 0 1, General Provisions in the R-1-C, Single
Family Residence District, which provision states "no structure or vehicle on
the same lot with the dwelling shall be used for residential purposes.•
Frank Hartle, 69g() South Del*f, was sworn in for test1110ny. He stated that
his daughter had purchased the ha.e which was listed by HUO as a three bedroo~
house, with two bedro011s in the uin house and one In the structure at th
rear. His daughter .aved to Hawaii after living In the ho.e . She wishes to
rent the property until she decides If she want s to live pen~anently in
Hawa 11. They spent two or three thouund dollars rei!Ode 1i ng the property,
r placing the bath and fixing th structure In the back. They had no
n ledge of the preceding probl .. s.
The property Is now leased to Mr . Pa Wtllla sand Ms .Jo Powers. Mr . Williams
co.l ed to helping so.eone full ti who Is a single parent with t boys .
H will take car of the wo..n, who has brain cane r; but h does want a sepa -
rate room, and took the outsld bedr0011. Thy eat all th lr als toge h r .
T c 11 lng In th detached unit Is 7.5 to • ght f h gh . The bu ldtng Is
l·shap d and wu one used as a ol living ar a . The kttch n h s n
r v and th r is a n sh r and bath . Th s ructu has ga h a and Is
car ed . It fs 1 ased for on y ar until th 11th o May, 1988, and th r s no r n , bl claus .
I .
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Laura Ramer, 4650 South Pennsylvania Street, was sworn in for testimony. She
said that this is a proud, friendly block. This particular property has al -
ways been a problem. The current occupants have four or five cars, and a
truck for the Denver Post. She sub.itted 18 statements of opposition from the
neighbors, including ones who •istakenly signed Mr . Hartle 's letters . She
said there is a pickup in the driveway which is never used , there are two
adults and two children, but •any cars. She did not understand the three -
bedroom listing because the previous owners lost the house becau se they
couldn't rent the rear unit.
Donald Bert, 4670 South Pennsylvania Street, was sworn in for testimony . He
said that many years ago the garage was converted for a .ather-i n-law apart -
ment. Traffic is now a probleM. There are sometimes as many as six cars and
trucks which are a hazard. He said he dislikes the unattached rental in the
rear, and the Realtor was told the rear unit could not be rented. He is mys -
tified how the present situation came about. Mr . Bert said that at 3:00a.m .
the occupants of the subject property begin work for delivery of the Post, and
there is screaming, yelling, filthy language, doors sla~ing and two -way ra -
dios blasting.
The Chairman declared a ten -•inute recess, and the meeting reconvened with the
same persons present.
Joseph Garrett, 41130 South Pennsylvania Street, was sworn in for testimony .
He said he is opposed to renters. The Police records show problems wi th this
property. Since he has been gone for the last several MOnths, ht was unaware
of the noises.
Mr . Hartle returned for testiMOny. He stated that they are no renting
property at the back separately. The entire property Is being ren d to e
occupants who operate as a single f•11y . Regarding th no! e , h said t e
occupants deliver forth Denver Post, so there is a truck th r f or tha pur ·
pose. The wOMan hash r own car . There Is an older car u d ford 11 ery an
a true , for a total of four vehicles , all belonging to th oc upan . T
Is a large carport, and t"' cars .,.. puked und r tha . T v lcl s
par d on th street.
l
lk r noted that r ntlng ts not an issue, It s
us d as sl ptng quar rs .
n lnco rpora
any urt r c
sta f r por
Th re r non
r ar u I ca
•
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RESIDENCE DISTRICT, WHICH PROVISION STATES "NO STRUCTURE OR VEHICLE ON THE
SAME LOT WITH THE DWELLING SHALL BE USED FOR RESIDENTIAL PURPOSES ."
Board Member Hallagin seconded the motion.
The members locked in their votes, and gave their findings as follows :
Mr. Seymour voted against the motion because the neighbors are opposing what seems to be a nuisance.
Mr. Hallagin voted against the motion because there should be only one struc-ture occupied on a site.
Mr . Fish said granting the variance would weaken the Code regarding single-
family dwellings, and there does not seem to be a hardship other than financial.
Ms . Lighthall concurred with the other ~rs.
Mr . Doyle said there should be no variance granted because the current use is
not appropriate for a single-f .. ily residence.
Mr . Wel er voted against the variance because there are recurring problems
with his prop rty, and the City recorded a state~~ent in the office of the
Arapahoe County Cl rk and Recorder saying the rear unit could not be used for
resid n ial purposes before the current owner bought the property .
n th votes re displayed, all six -..bars present had voted against the
var i anc , and the Chai~n ruled It wa s dented . He stat d th tenant may no
sl p in h r ar structure.
• ••••
I'UiliC HEM I FOI CAS( fH-17.
R.A.S lullfers, Inc.
Ap al
T d publ c arlng for Ca 29 ·87
• 7 •
I .
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RESIDENCE DISTRICT, WHICH PROVISION STATES "NO STRUCTURE OR VEHICLE ON THE
SAME LOT WITH THE DWELLING SHALL BE USED FOR RESIDENTIAL PURPOSES."
Board Member Hallagin seconded the motion .
The members locked in their votes, and gave their findings as follows :
Mr . Seymour voted against the MOtion because the neighbors are opposing what seems to be a nuisance.
Mr. Hallagin voted against the motion because there should be only one struc -ture occupied on a site.
Mr. Fish said granting the vuiance would weaken the Code regarding single -
family dwellings , and there does not seem to be a hardsh i p other than financial.
Ms . Lighth all concurred with the other members .
Mr . Doyle said there should be no variance granted becau se the current use is
not appropriate for a single-fa•ily residence .
Mr . Welker voted against the variance because there are recurr ng problems
with this property, and the City recorded a stateMent in the office of the
Arapahoe County Cler k and Recorder saying the rear unit could no used for
residential purposes before the current owner bought th prop rty .
When the votes wer e displayed, all six .. Mbers present had vot d against th
var i an ce , and e Chafnaan ruled 1 wa s d nfed . H stated th enan ay no sl p i n the rear structure .
MliC HEARl FOI CAS[ 121-17.
R.A.S l u11 dtr s, Inc .
Ap 1
• ••••
n d pu ltc h artng or Cas 129 -87.
7 •
tic n
Sa •
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of the opinion that very little further work was done, and a charge of S900
wa s excessive for the additional work done . He had made no attempt to hide
the work, in fact had asked the Inspector to come by, when the Stop Work notice was issued.
Mr . Shupe was of the opinion that Mr. Yoder was in a "bad mood" and had "ex -
aggerated" the seriousness of the situation at the time he issued the Stop
Work Order. Mr. Shupe added that metal studs are not like putting up a wall .
These studs were put in according to the plans which were in the hand s of the
Division of Building and Safety. He was aware that the Div ision states ten
days are required for review of a Building Permit, and the ten days had no t expired .
There were no other speakers in favor of granting the appeal .
The Chairman made the staff report part of the record, and a s ked 1f there w re any staff comments.
Walter Grod1tsk1, Code A0.1n1strator, was sworn in for testimony . He said the
central issue fs not revenue from a store, but publ ic safety and the Bui l di ng
Code. It is required that plans be subaitted and revi~d and approved before
work begins to insure that the publ ic safety is protected and he Cod es met .
The complete plans had no been sublitted ~en the Stop Wo r Order wa s iss ued ,
and the Building Pen.it had not been Issued . The par fes I nvolved i n the ap -
plicat io n for the Pen.lt were the City and th Design r . Mr . Shupe wa s not
ln vo l d . The Cfty tried to help with th tight sc hedu le and pe mitted a
limited amount of work to begin, and Mr . Shupe exceeded the llml stated . A
doub 1 e f is s llndard ~en a Stop Work Order Is lssu d , and Mr . Shupe Is awar of the standard p nalty .
•
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,. •
The pub lic he ar i ng was closed .
BOARD MEMBER FI SH MOVED THAT R.A.S. BUILDERS , INC . BE GRANTED AN APPEAL OF A
DOUBLE PERM IT FEE ASSESSED BY THE ENGLEWOOD BUILDING AND SAFETY DIVISION.
Board Me mber Seymou r seconded the motion .
Discus si on f oll owed .
Mr . Sey mo ur said there was only a co.mu nication probleM, and the intent of the
Code i s to pun is h those who avoid obta in ing a perm it . Mr . Hall agin sa i d con -
tractors are req ui red to have pen~its. Mr . Fish said the l imi ts were exceeded
after the Chi ef Inspe ctor had already bent over backwards to acconmodate the
appl ic ant. Mr . We l ker s a i d the contractor could not know when the permit
would be issued. A Stop Work Order always brings a fine . He sugge s ted that
the $900 could be red uce d . Mr . Hallag i n sa i d double fee s are s tanda r d .
The Members locked in the i r votes and gave the i r f i nd i ng s as fo ll ow s:
Mr . S eJ~~Qur vo t ed for t he app .. l. He n i d the i ntent of the code is not t o ass ess double fees for a ca..un ic at ion pr ob le..
Mr . Hallag i n o ed aga st the appe al, saying if the contractor works without pen11t, a do bl e ee l S st and ard .
Mr . Fis sa d r . r s ould have stopped th extra wor k, but the Stop Wor
Order was ••cess for a tolatlon ch was not willful.
a;a • s t appeal, sa i ng the Building Division did wha
o d If 110re h ltud ts need d, the Code should be
t f ne Is the non.al penalty for
1 u ohted, although t he fine s ex -al.
ur and r . f s , had vot -
r . Hallagln, Ms. l g t al l,
p al. T Cha n.an rultd
I .
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BOARD'S CHOICE.
There was none .
The .eeting adjourned at 10:45 P·•·
Sheryl Rousses, Recording Secretary
•
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•
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CITY OF ENGLEWOOD URBAN RENEWAL AUTHORITY
NOVEMBER 4, 1987
I. CAll TO ORDER.
~embers prese
!embers a se"
Also prese
11.
J II .
e E glewood Urban Renewal Authority was called to
ot a 5 :35 p .m.
l c
o ot1ng Alternate Me•ber
Services Ragland
o EURA Director
e Di rector of EDDA
e etings of October 7, 1987 ad
or 1ppronl .
, 1987 a d Oc ob r 22, 1987 b ap·
a Of e. o , Cole
I .
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Cole moved:
Mcintyre seconded: The Urban Renewal Authority approve and adopt Resolution
#19, Series of 1987, A RESOLUTION OF THE ENGLEWOOD URBAN
RENEWAL AUTHORITY ADOPTING THE 1988 BUDGET.
AYES: Mcintyre , Totton, VanDyke, Voth, Cole, Keena NAYS: None
ABSENT: Minnick
ABSTAIN: None
The motion carried .
IV.
Mr . Hinson reviewed the financial reports with the Authority.
V. TESTING SERVICES.
s. Ragland submitted revi s ed budgets for the tes ing serv i ce s for con s r ue -
JO n of the final phase of the l i ttle Dry Creek improvements . Ms . Ragla nd
s ated that through negotia ions with Mclaughlin Water Engineers, the i r proj -
ec ted budget has been reduc d from a proposed SZ10 ,000 to $189,900 . The En ·
gineering Servic s staff w1ll be assisting in the Inspect i on serv i ces , and
there is approxiMately SZJ,OOO in other funds available wh ich can be used for
thi s purpose. Hs. Ragland stated that construction Is scheduled to begin in
ove ber, 1987 and will ext nd through August, o 1988; t i nspection s r
v1 ces budget will cover ha period of ti~. Hs. Ragland s a ed tha bud ·
ge t 1ncludes funds to cover the p rlod of I bet n h open ng o
bi ds, and th .eetlng of the Aulhorit on October ZZ wh n de cision was
ad e on h improvemen s o be Mad , and th bid wa s ward d . Th r will b
so r d sign chang s, and the budg t lnclud s funds to cov r these exp nses .
• 2 •
•
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Discu s s ion nsu e
~1clntyre mo e
Totton and
Keen a seconde
•
• -
T e Ur ban Renewal Authority approve the budget for inspec -
tion ser ices for the final phase of the little Dry Creek
I~ ro e ents as follows :
c aughl in Water Engineers:
C l Tho..,pson
E g1n eer in g Services
0 er Funds A ai l able
F ~ s equ1red ro URA
$189 ,900.
$40,000.
$37,000 .
$266,900 .
-$23 ,000 .
$243 ,900 .
A ES :
NAYS : anD e. o , Cole. eena, Mcintyre
ABSE
ABSTAI
T e o •c c a ~r ·e:.
VI. ASS!
I .
•
• ..
Di sc ussion ensued . Mr. Voth sugge s ted hat if 2b is removed from this Agree -
me nt, that the Authority try to deduct this amount from any proceeds that
might be returned to JWM Properties from moneys on deposit with the courts, or
i f no moneys are due back from the courts, the Authority attempt to secure the
payment from Mr . Brady. Mr. Voth stated he did not feel this is something
that should be wr itten off by the Authority without an attempt to collect .
Keena moved:
Cole seconded:
AYES:
NAYS :
ABSENT:
ABSTAI :
Totton,
None
Minnie
None
The Urban Renewal Authority approve the Assignment and As -
sumption Agreement by and between the Englewood Urban Re -
newal Authority, S. Bud Brady and Brady Development Cor -
poration, and JWM Properties, Inc ., as amended with the
deletion of §2b on Page 2. However , the amount of
$7,152 .90 due the Authority sh all be deducted from any mon -
ey to be refunded which is on deposit with the Courts .
VanDyke , Vo h, Cole, K ena, M Intyre
The otion carried .
Mr . McC own as d wha would happen If the City Council did not approv he
assi gn nt of h Ground L as . Hr . Hinson stated that JWM Proper I s will
ass um th r s ponsib1l1t1 s o he Red velopmen Agree nt only If th gro und
l ase ass ign n is approved by City Council and the Redevelopment Agr e nt
as s1gnm nt Is approved b th EURA . If City Council does no approve the
ground 1 as assign n , and the assign nt and assu p ion agr nt do s no
go Into ff c , th Urban R n al Au horlty wi ll be subj c o pa n of
l asehold det nalna ton or Ph steal hi s cal .
VII.
nt for Dts po s o and
• •
•
• •
project . These for ms ave been reviewed with he EURA legal counsel, and
found to be in order . S aff recommends appr ov al by the Authority .
Brief di scussi on ensued.
Totton moved:
Cole seconded:
AYES:
lAYS:
ABSENT:
ABSTAIN :
VanDyke,
None
Min nick
No ne
The Urban Renewal Authority approve the Estoppel Agreement
and the Assignment of Developer's Rights under Agree.ent
for Disposition and Redevelopment between Englewood Market -
place Associates, Ltd ., and Wells Fargo Realty Advisors.
Staff is hereby directed to assure that all contracts,
elevations, and final plan designs as approved by the EURA ,
are signed off by TraMmel Crow/Englewood Marketplace Associates.
Voth, Cole, Keena , Mcintyre, Totton
The motion carried.
VI I.
Mr. Hinson stated that Tran.ell Crow represent~tlves s~ld they were interested
1n purchasing so.e of the accent lights that the Urban Renewal Authority has
in stoc . Mr . Hinson suggested hat In lieu of pursuing ca.pensatlon fro.
Engl ood Mark tplace Asso ci ates for the utility taps on the develoP~ent site ,
th y b as d to purchase ~ • nlau of 20 of the accent lights at the Author i -Y s cos . Discussion en su d .
Jnt r 110 ed :
Colt s co d d : Th Urban R n al Author ity ~uthorlze the salt of 20 ac c n
lt ghts at h Authority 's cost to Engl od Marketplace
Assoc 1 es and no s c ns at lon fro. th for utility ap cr dlts.
• Col , n~. In r • To on, V nOy
tc
T
• • • • • • • •
It t dl In
A c 1 I •
ABSE NT: Minnick
ABSTAIN: None
•
• •
The motion carried.
* * * * • • * * * •
Col e moved:
VanDyke seconded: The Authority come out of Executive Session.
AYES:
NAYS:
ABSENT:
ABSTAIN :
Keena , Mcintyre , Totton, VanDyke, Voth , Cole None
Minnick
None
The motion carried.
IX. RMDALL l ILAICE
Little Dry Creek Construction
Totton moved:
Cole seconded: The Urban Renewal Authority grant 18 weather days to RBI,
extending the completion date of the contract to December Z, 1987 penalty free.
AYES:
NAYS: Intyre, Totton, VanDyke, Voth , Cole, Keena Non
ABSENT: IUnn c
ABSTAIN: None
The ion ca rled .
X. LITTLE DIY CREE
Ou t le S"ui
na ftiOV d
Totton second d: Urban R n al Authority authorize sta to con tnu
o h ions wi h M Barbara Ho 1 haus rou 1 egal couns 1 .
• o h, Col , na, lntyr
)
I .
(
•
• •
Mr. Hi nson stated that he has t alked to represen t ~tives of Kutak, Rock & Camp -
bell, bod counsel; representatives of E. F. Hut t on; and Mr . Ron Myles on way s
to structure the refunding taking into conside 1ation Mr . Totton's suggestion
that the bond reissue include funds to pay off t he loan on the old King
Sooper 's site . Mr. Hinson cited expenses that are projected for the Authori -
ty, and pointed out matters for which there is no estimated financial factor .
He questioned that it would be in the best interest of the Authority to pay
off the loan at this point in time, if in fact, the issue can be large enough
to accommodate such an undertaking. Mr . Hinson pointed out that proceeds fro m
any properties sold would likely have to be used to retire the bonds. Au -
thority advisors suggested that the loan with the Bank continue to be carried
by the Authority, and if need be , restructured at a later time . Mr . Hinson
sta ted that Mr. Myles has suggested that the property on South Acoma Street
could be a viable property in two or three years, and that the possibility of a hotel in Engle wood still exists.
Mr. Hinson stated it seems to be the consensus of people dealing in the bond
mar ets that the market is strengthening as a result of the proble.s on the sloe ar et.
Hr. Hinson st ated that he had been asked if he would be ava ilable to make pre -
sentations to prospective purchasers; this might entail traveling with the
bond consult ant s. He asked the opinion of the Authority on this issue . City
Manag r McCo wn su ggested that it is normal practice for bond underwriters to
pay for the expenses a s sociated with such travel. Discussion ensued.
X. LINCOR PROPERTIES OF COLORADO, INC.
Hr. Tot on as ed 1f any further progress had been reported on securing an an -
chor enan or t is si te . Mr . Hi nson stated that he understood the prospe cts
for one poss1ble a cor have •dl-.ed", but that the chances of signing Toys 'R Us a e I pro d.
Hs . VanO e as d if Ms. Shube had contacted Bonwlt Teller; sh understood they w re loo l g a s1 es In the metro area .
XI. TROLLEY ~ARE.
t·, re to bring In plan s o
info
r 's Club
Clu s rt
• 7 •
p 1 c
1 U td
r u o
I .
•
• •
XIII. ENGLEWOOD MARKETPLACE.
Mr. Totton stated that he had talked to the Superintendent of the Englewood
Marketplace Construction crew, and they will begin laying asphalt on the site on Friday, November 6.
XIV. MISCELLANEOUS.
The possibility of a Christ•as dinner was discussed . Mr. Mcintyre was asked
to look into the possibility of having the dinner at Pinehurst Country Club,
the costs, and .enu selections . Discussion ensued.
The meeting adjourned at 8:00 P.M .
.. 4~1f.,k~./j:
Recording Secretary
• • •
I • •
•
• •
ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3535 South Sherman -En 1e od CO 80110
Minut s
Nov mber 10, 1987
rd Pr nt: 8 s 111, Col m n, Cr n, Kal , P ndl ton, Toaoo
•rd mb r Ab nt: Ci nc io, Otis
Stdf Pr nt:
C ts d "biton:
Pen ny Die tri ch
r o thv O.lqut t , Dl k Hin n
od
OYt
Aut r1tv ard o f
:0 p.a. n v a-
D
0
I
Minutes
November 10, 1987
Page Two
•
• •
Mr. Boselli pres nt d the budg t, by four major categories: Personnel,
Commo dities, Contractual S rvices, and Capital Expenditures. He summarized
the items that w re con tained within each category . He also noted the funds
that must be s t a ide for the loan obligations of the Authority in 1988.
Discussion ensued. Mr. P ndleton moved, seconded by Mr. Boselli, to approve
the Proposed Budg t for 1988. Th motion was passed unanimously by voice vote.
On a third matt r, Mr. Bos 111 pres nted a proposal to identify future public
improvement projects for th Authority. And then, as funds are available, the
Authority can undertak th s projects as they fit into th redev lopm nt and
identifi cation of downtown Englewood. Ms. Di trich outlined on a map tb
diff rent ar as in th downtown district that have been enhanced by public
impro v ment : Englewood Parkway, South Broadway, Inca and Highway 285.
S ver l sugg stions w r add d to th li t of publi c improve.ent su estions.
Mr. 8os lli asked the Ex c utiv Dir cto r to obtain co t stiaat for ach
it a, and th n pr s nt this to th Board in De emb r. At that ti the Board
can prioritiz tho projects th y think most important to h lp th id ntifica-
tion and r dev lop nt of downtown En lewood.
~IRMAN'S REP T
die 1
c t ors.
sin n
h,av
r 1n
I .
-
(
Minutes
November 10, 198 7
Page Three
•
• •
Workshop -Ms. Dietrich noted that there were 32 participants at the two
wo rk shops abo ut window and merchandise display techniques. She was pleased
with the amoun t of participation.
Adverti si ng Pro gram -Ads are being placed weekly in the Englewood Sentinel.
One of the general ads will be used for tray covers at the Food Court in
Cinder lla City as well as table tents in that location. Also, the tray
cov r wa s app r op riate to insert into the Englewood and Littleton Sentinels.
Sh noted th cos t of the artwork for th one ad was used for 30,500 flyers/
pro tional pi ces .
18th Annual Englewood Parade will be Noveab r 14 at
y ar . The EDDA contribut es $750.00 t o the annual event
that brings thousands of people to downtown En 1 wood.
~~~~~~~Au~t~h7o~r~i~t4y -Update -Dick Hinson gave an update to th
to th s tatus of th various URA projec ts. Tra..ell Crow
parkin lot of their proj c t pav d b the nd of this w k.
construction of the Little Dry Cr k proj c t froa Sh r.an ea r to Clark-
n ls still two months behind sch dul . Also, the URA will try to r fund
bonds to create addi tional monies for th c onstruction of Little Dry Creek
nts in th downtown proje c t. Th bid w s approxi .. tely $600,000
r wha th y h d nticipat d. Until th bond ar r finan c d, th City
upport d th proj c t by allocating thi a dditio nal ney until th URA
th dditi nal lunda.
••
urt r tl
at Troll y quar b for
ti in Karch . Th r
All lnquiri 1
t J: 7 , •••
n
I • •
•
• -
DllilEWOCIO LIQUOR LICENSING AUTHOitJTY
Nove.ber 18, 1987
The meeting was called to order at 7:35 p.m. by Chainaan Styes.
Present: Waddell, Boardman, lunders, Styes
Absent: Mclaughlin
The Chairman declared a quoru• present.
Also present: Charles Gri .. , legal Counsel
Patricia H. Crow, City Clerk
• • • • •
9 f
MEMBER WADDELL MOVED , BOARDMAN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 1987 .
Ayes: Waddell , Boar~n . lunders, Styes Nays: None
Abstain: None
Absent: ~laughlin
Mot i on carried.
• • • • •
ME BfR BOA VED, M ER WADDELL SECONDED, TO APPROVE THE TELEPHONE POLL I LIE U OF THE REGULAR MEET! OF NOVEMBER 4, 1987 .
Ayes : Wadde ll, Boa~n. lunders, Styes ays : ne
Absta i n: ne
Absent : Laug lin
fo carr i ed . Results of the telephone poll are attached to these •tnutes .
• • • • •
al, C ang , l C ang of Corpor ate Structure of Htlda 's Cafe , Inc ., d a Hflda's as dfscuss ed .
o adv t corpor t
• • • • •
ll ro. l 0, TO R
I
Englewood liquor licensing Authority
November 18, 1987 -Page 2
a) Casual lounge
•
• •
Tavern liquor license 65 West Floyd Avenue Expires Dece.ber 19, 1987
b) Glass Bottle Liquors Retail Liquor Store 336 West Ha~en Avenue Expires Dece.ber 31, 1987
c) M D Phat"llacy Liquor Licensed Drug Store 2895 South Broadway Expires Dece.ber 31, 1987
d) Eagles Club Liquor license 3384 South Broadway Expires Dece.ber 31,
Ayes :
Nays :
Abstain :
Absent :
Motion carried.
Waddell, Boar~n. lunders, Styes
None
None
Mclaughl in
• • • • •
1987
MEMBER lUNOERS MOVED, MEMBER BOARDMAN SECONDED, TO APPROVE THE MANAGER REGISTRATIONS AS FOLLOW:
a) M 0 Phat"lllcy
2895 South Broadway
Joseph A. Kilker
b) Al 's Liquors
1090 s t Hlllpden
Cyn thia S. J nsen
Ayes :
Nays : Wadde ll, Boa~n . lunders, Styes
Non
Abstain : Non e
Absent :
Mot i on carried. laughlin
• • • • •
•
1)
b)
• • • • •
to t 7: ....
)
r ll,
I .
Englew ood Li quor Licensing Author ity
Novemb er 18, 198 -Page 3
* * * * *
The Chairman asked for roll call:
•
•
Present : Waddell , Boardman, Lunders, Styes
Absent : Mclaughlin
A quorum wa s present.
* * * * *
MEMBER LU DERS
OCTOBER 7, 1987,
3912 SOUTH 8
EO , MEMBER WADDE LL SECONDED, TO REOPEN THE PUBLIC HEARING OF
0 C SIDER THE APPliCATION OF YN , INC., D/8/A 3912 LIQUOR ,
A , F A Rf AIL LIQUOR STORE LICENSE. A es :
Nays : Waddel l, Board an lunders, Styes
Abs a t
1t
tlo
P 11 lyle, A ore a l a , as pr s n representing the applicant .
Ro r Good . A or y a La , wa s pres nt r presenting the protestors.
e no additional exhfbtts to be entered In o t e
I .
• l •
. l .
4 •
. .l c .
7 •
I
Englewood liquor licensing Authority
November 18, 1987 -Page 4
•
• •
Mr . Grimm inquired if both counsels wished the Authority to treat all the
petitions as one combined petition, or did the counsels wish they be treated
separately. Mr. lyle responded that he preferred the. to be treated
separately. Mr. Gri .. further inquired how the purification of the petit i ons
affect the original totals and percentages that appeared in the original
surveys frOM Market Services, Oedipus, the applicant's personal survey , the
liquor stores and the church. Swiers responded: Market Services, yes -179 ,
no -554, total 733, in percentages 241 yes, 761 no; Oedipus, yes -254 , no -
199, total 453, in percentages 561 yes, 441 no; liquor Stores, yes -0, no -
104, total 104, lOGS in opposition; applicant's personal survey yes -289 , no
-8, total 297, in percentages 97S yes , 3S no; church , yes -0, no -166, total 166 , lOGS in opposition.
Hr . Goodwin reiterated Oedipus ' percentages as 561 in favor , 441 aga i nst ; Market Servi ces 741 in opposition, 241 in favor .
Mr . Lyle was asked if he accepted the figures presented by Ms . Sw i er s and Mr.
Goodw i n . Mr . Lyle responded that he had not had ti .. to ca.pute th .. hi self,
but that he would assu.e they were correct and that he would acc ept a i nfonution .
Disc ussion ensued regarding the surveying .. thod used by Market Serv ices Ass oci ates , Inc .
'" ur t It II , I
•
•
.. •
Englewood Liquor Licensing Authority
November 18, 1987 · Page 5
Mr . lyle addressed the Authority with his closing cu..ents, requesting that the Authority grant the license.
Mr. Goodw in made his closing state.ent to the Authority, asking that the application be denied.
Mr . lyle rebutted stating that it is within the discretion of the Authority to
recognize that sufficient testi.any and evidence had been presented to either deny or grant the application.
The Authority retired into Executive Session at 9:55 p .•. ; the public hearing
was reconvened at 10:20 P·•· with four .e.bers present, Me.ber Mclaughlin absent.
MEMBER LUNOERS ~E THE FOLLOWING MOTION WHICH WAS SECONDED BY MEMBER WADDELL:
"BASED ON A PREPONDERANCE OF THE EVIDENCE THAT THE NEEDS All) DESIRES
OF THE NEIGHBORHOOD ARE NOW BEING MET, I MOVE TO DENY THE APPLICATION
FOR A RETAIL LIQUOR LICENSE FOR YN, INC., D/B/A 3912 LIQUOR.•
Vote results :
Ayes :
Nays :
Abstain :
Absent :
Waddell , Boa~n. lunders, Styes
None
None
Lauvhl fn
Chalnaan Styes for.ed both attorneys that the Findings, Conclusion, and
Order o A or y ld be available with in the required 30 days . He
stated his appreciation for t ig ly professional 81nner fn which each sid h d pres n d l s cas
ro
7.
by l r tc s ng • ortty 1
D TO CLOSE THE PUBLIC HEARl .
present lllllbers . The .. tfng was
s r uhr t lng of Dtc r 2.
)
•
• ..
ENGLEWOOD LIQUOR LICENSING AUTHORITY
TELEPHONE POLL RESULTS IN LIEU OF REGULAR MEETING OF
NOVEMBER 4, 1987
On Nove mber 4, 1987, the members of the Liqu or Licensing Authority were polled
by the Deputy City Clerk concerning i tems listed on the November 4, 1987
age nda wi th the following results :
1. Approval of the Change of Corporate Structure for Sk i pper 's Inc . dba
Sk i pper 's Seafood n' Chowder, 99g West Hampden Avenue, Englewood , Col orado 80110 :
Styes
Waddel l
Mcl aughlin
lunders
Board an
Aye
Aye
Aye
Aye
Aye
C a ge of Corporate Structure approved .
2.
3.
gardf g e rene al, na c ange l c 1 ge of corpora t e struc t ure for
!lda's, 4386 South Bro adw ay, t he Aut ori t y agre d o pos t one a d c1sion
1 t e o ber 18, 19 87 et lng, e dtng receipt of urt er
In o atton from the Police Depar t nt.
ro a of t following renewals:
Fa r lanes Belleview
49 0 Sou h F deral Blvd.
I .
Arap. Knights of Columbus
3800 South Windermere
Styes
Waddell
Mclaughlin
lunders
Boardman
Renewals appro ve d .
4. Approval of renewal:
Arap's Old Gun Shop
3866 South Broadway
Styes
Waddell
Hclaughl1n
Lunders
Board an
R ne~al appro d.
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Nay
•
• •
z
Club Liquor License
Expires December 31, 1987
Hotel/Restaurant w/ext hrs
Exp ires December 4, 1987
5. Approval of Manager Registra t ion for tro oil dba Vickers 12353, 459 6
Sou Broadway, Janet ing.
appro d.
•
• •
DIGLDIOOD LIQUOI LICEICSUI& AUTHORITY
DecMber Z, 1987
The meeting ~as called to order at 7:30 p.•. by Chairman Styes.
Present: Waddell, Mclaughlin, Boardman , Styes Absent : Lunders
The Chairman declared a quoru. present .
Also present: Charles Crt .. , Legal Counsel
Patricia H. Crow, City Clerk
• • • • •
MEMBER 80ARDMAH MOVED , MEMBER WADDELL SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 18, 1987 .
Ayes: Waddell , Boa~n. Mclaughlin , Styes Nays : None
Abstain : ne
Abs nt : Lun6ers Mot ion curled .
• • * • •
f"9 Sooptrs, 101 Engl Parbfay, respond d to
sttd ~ification of pr ses add ng 8 ' to t
LAUGHtl SECOND£D, TO AP
, 101 E 01100 P Y.
loa~n. laugtlltn, St s
* * *
* * • • I
tnglewood Liquor Licensing Authority
December 2, 1987 -Page 2
Nays:
Abstain:
Absent:
Motion carried .
None
None
Lunders
• • • • •
•
-
The letter from the State Liquor Enforce~ent Division regarding items that
retail liquor stores ~ay sell or distribute was received without action .
• • • • •
A curren list of liquor outlets in the City of Englewood was presented to the Authori t mbers.
• • • • •
I wa s agreed that unless necessary, no ~eting would be scheduled for
Dec r 16, 1987; all business will be conducted by el phone poll .
• • • • •
for 1988 was discussed; It wa s decided to r tain the
if sa.e of the -.etings uld have to be held in the
L rary Co f renee Roo.. The nights Council Cha.bers will not be availab l
o y ar : February 17, July 6, and Sept r 7, 1988.
• • • • •
Liquor Lfcens
the ,..
~nglewood Li quor Li censing Authority
December 2 , 1987 -Page 3
•
• •
bartenders to notify the police directly if probl .. s occur. Mr . and Mrs . Blizzard were excused .
The Renewal, Na.e Change, l Change of Corporate Structure of Hilda's Cafe , Inc ., dba Hilda 's was discussed.
MEMBER MCLAUGHLIN MOVED, MOIB£R WADDELL SECCII)£0, TO APPROVE THE CHANGE OF
CORPORATE STRUCTURE MD THE TRAD£ NME CHAMiE FRCif HILDA'S CAFE, INC., D/8/A
HILDA 'S TO HILDA 'S CAFE, INC., 0/B/A/ BLIZZAIIOS LOUNGE, INC ., UPON
CLARIFICATION OF NAME CHAMiE BY THE CITY CLERK.
~es: Waddell, Mclaughlin, Boanlllan, Styes Nays : NoM
Absta i n : NoM
Absent : lunders
Motion carr i ed .
MENSER BOAIOtAN MOVED, MOIB£R MADDEll SECCJI)(D . TO APPROVE THE RENn.Al Of THE
TAVERN LI CENSE FOR HILDA 'S CAfE, IIIC ., 4ll6 SOUTH BROADWAY .
Ayes: Wadde ll, Mclaughlin, Boanlllan, Styes
ay s:
Absta in: NoM
Ab se nt : l unders
Mot i on c ar r i ed .
• ••••
ED TO ADJOI... The .. ti"' adjoumed at 1 :4Z p.•. by
Appro
I .
•
• -
ELECTION COMMISSION
November 19, 1987
The mee t in g was called to order at 4:36 P·•· by Chairman Nilsen .
Present :
Ab sent :
Al so present:
Kollath , Watson, Nilsen, Crow
Bull
Ellis, Deputy City Clerk
• • • • •
Chai rman Nilsen discussed the suggestion that alternate judges receive a token
payment for their willingness to attend the workshop and availability to serve as a judge on very short notice.
Discussion ensued.
City Clerk Crow stated that the Co..ission had authorized a token pay.ent of
SIO.OO for t e alternate judges in the Regular Municipal Election of 1983 .
He ber atson felt that they deserved at least S15 .00 . He.ber Kollath noted
t a she agreed, ho wever she felt it would not be equitable to judges serving
a full day o o ly receive SSO .OO. The Co..ission agreed .
T e City Cler stated there were nine alternate judges who attended the
wor s op and w o re a ailable on election day . At S10 .00 each this would be a S90 .00 exp nd t ure.
Ol TH ED, SEC ED BY WATSON , TO PAY THE ALTERNATE JUDCES A TOKEN PAYME T Of UO .OO .
Ay s : , at son, Nilsen, Cr
I S:
s
CU 'S [:
• • • • I •
•
• •
There was considerable discussion regarding the procedure for write -i n votes .
City Clerk Crow wondered if the COMMission would want to recommend that
Council piss an ordinance stipulating that no write-in vote shall be counted
unless five days prior to the election an affidavit of intent had been filed
with the Ci ty Clerk. The affidavit would indicate that the write -in candidate
was el i gible and willing to assu.e office. Ms. Crow stated that she had
recently attended 1 conference with approxi-.tely 60 City Clerks present .
When she inquired how •any cities had this restriction in their code, 30 to 40
indicated they did. Ms . Crow requested they send her 1 copy of their
respect i ve ordinances . She noted that this restriction was provided for in the State Statute (CRS 31-10-306).
Discussion ensued.
Chairman Nilsen stated that further action should wait until copies of the
ordinances fro. the various cities are received . She also suggested that the
City Clerk conduct 1 telephone poll of City Clerks in our vicinity to quest ion the• regarding the pros and cons .
CR MOVED, SECONDED BY KOllATH, TO TABLE THE MATTER OF WRITE-IN
CANDIDATE RESTRICTIONS UNTIL MORE INF~TION IS RECEIVED.
Ayes : Kollath, Watson , Nilsen, Crow Nays : None
Absent : Bu 11
•••••
• • • * •
l It provid t tS t n
.. . . . .
s 0 111
c
Ct
c
e
ags .
I .
•
• •
Ci ty Prec i nct 10 : Change fro. the Quincy Fire Statton to the Englewood
School Ad.fnfstratfon Building .
Ci ty Pre ci nct 12 : Reco.ended we use the Swedish Gerontology
facility for the next election, but look into All
Soul's Church as a possibility.
Ci ty Prec i nct 13 and 14:
The polling places were reversed for this election .
We need to •ke sure that City Precinct 13 is situated
at the Tufts entrance and City Precinct 14 1s located at the Fox entrance.
Ci ty Prec i nct 16 : This location is a real probl... The Ca..ission
requested that we atte.pt to locate another place .
City Clerk Crow advised the C-tssion that 1111 changes had to be •de by
Council Res olution 90 days prior to the election .
• • • • •
Me.ber Watson expressed his di sappoint.ent wit• the visual screen used In
reporting t he returns . He stated that he had rece i ved several co.pl a fn t s,
and he person all.r found the screen hard to read .
City Clerk Crow noted that this was the f i rst ti• we had used this •thod , so there uld be so.e th i ngs to be ironed out .
Discussion ens ued . The Ca..ission reca•1Rifld that so.eone be on hand to
announce t he prec i nc t vottng nullbers as t y are tfttered . They also sugge st ed usfng a pointe r .
• • • • •
VATS<* MOVED, SEC (II)£0 BY KOlLATH, TO ADJOI.. TM .. t i ng was ad jour"fted at 5:40 p •••
3 I . •
-•
• •
ElECTION CONMISSIOM
TELEPHONE POll RESULTS
DEC ERBER 9, 1917
On Decetlber 9, 1917, the ....,.rs of the Election Co.1ssion were
polled by the City Clerlt concemtng the approval of the Novlllber
19, 1987 •tnutes with the following results.
Nil sen
Bull
Crow
Kollath
Watson
Minutes approved.
Aye
Abstain
Aye
Aye
Aye
I .
-•
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CITY OF ENGLEWOOD PLAIIIIII& All) ZOIIIII& COIIUSSIOII
IDVEMIER 24, 1987
I. CALL TO Ota)ER.
I
The regul•r .eeting of the Englewood PlAnning And Zoning Co..ission wAs called
to order by Chiiraan Thad Carson At 7:00 P. M.
Members present: Allen, BArbre, Mulhern, Russell, Such, Carson
Ro.ans, Ex-officio
Members absent : Hanson, Jolk
Also prese : Senior Planner Susan Hirsch
II.
C 11 •n Cirson st•ted that the Minutes of the .. et1ng of Nove.ber 10 , I987,
re o be considered for approval .
Mu 1 rn .oved:
Barbre seconded: T e Minu tes of Novetllber 10, 1M7 be approved as wr t tten .
rn, Russell, Such, CArson
to car·rted.
JJJ. CAS( 125-17
ll, A11 • c
t t to be
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only matter to be considered by the Planning Commission during the course of
this Public Hearing is the division of the property into two or more lots.
Mrs . Romans stated that future use of any portion of the property for auto-
related purposes would require a separate public hearing for that specific issue .
Mr. Carson asked if the applicant was present.
Mr. David Jacobowskf was sworn in, and testified that he is the architect for
the prospective purchasers of proposed lot 1. Mr. Jacobowskf stated that th is
land has never been platted, and in order for any additional uses to be accom -
modated on this site , the land .ust be subdivided . Mr. Jacobowski testified
that the present use of the entire site is a bowling alley and the iccompiny -
i ng parking for that bowling alley. There is excessive parking for that par -
ticular use, and the property owner wants to .ake use of the additionil land.
His client wants to purchase the land designated as lot 1 if the propo sed sub -division is approved by the City.
Hr. Allen asked the location of the site Mr . Jacobowski's client is interested
i n. Hr . Jaco bowski stated that his client is interested in purchas ing the
northwest cor ner of the bowling alley site, which is designated as lot 1 on he proposed plat.
Hrs . Russell asked if the site is to be divided into only two lots. Hr .
Jacobo wski stated that two lots is the proposed division at this ti
r . Carson asked if there wa s an alley to the rear of the pr oposed lo . Hr . J acobowskt stated there is no alley.
Hr . Hul rn as ed if any por on of this site wa s in a flood pla i n. Mr . Jaco bow 1 r pl t ed 1n t n gat1v .
in the aud t nee o wis ed to s a 1
4740 South lipan Str t, was s rR tn and tes
ne.ds all bus ness
r of t propo ed us •
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The applicant proposed that the sidewalk be installed only along the lot 1
boundary ; however, staff is reco..ending that the four foot sidewalk be in-
stalled along both lots 1 and 2 to co.pl~nt the sidewalk that exists to the
north and south of these two lots.
Mr. Carson asked if Mr. Jacobowsk1 had read the reco..endat1on of the staff .
Mr . Jacobowski stated that he had not; he had been told about the reca..enda-
tion, but he did not have a copy personally. He stated that he 1s authorized
to agree to the install ation of the four foot sidewalk along both lot 1 and
Lot 2 on the Federal frontage. He stated that the Subdivision Plat would be
ame nded to show such a sidewalk for the full length of the site.
Mr. Mulhern asked if there was to be a separate drainage plan for lot 1, or
wou ld it dra i n across lot 2 as it appears to do at the present time . Mr.
Jacobowski stated that there were no plans to change the existing drainage
pattern. The site drains to the southeast.
Mr . Carson asked if anyone else in the audience wished to speak In favor of
the proposed subdivision . No one else spoke In favor .
Mr. Carson asked If any .e.ber of the audience wished to speak In opposition .
Mr . llbur Hall, 2924 est Chenango Avenue, was sworn in. He stated that hi s
property Is on the north side of the proposed develo~nt, and pointed out
at a 10 foo as n Is shown on the north side of the proposed lot 1; he
as ed if th is 1s corr ct . Mr . Hall questioned how fire protection could be
pro ided to th rear of the residential properties with only a 10 foot ease -
n . He sta ed t a t ere is approxtaately 50 feet between their rear prop -
r line and the bowl1 ng alley building at the present ti ... He e.phas1zed
t a 1 t propos d lo t is developed right up to the north property line,
uld preclud any rear access to the ho.es on the north.
eas nt s for the 8 Oltch, and Is not an ac-
no alley along the north side oft ling alley
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Mrs . lorena Oberley, 2954 West Chenango Avenue, was sworn in and stated that
she realized the issue before the Ca..ission was the division of the land, and
that she might be pra.ature to bring up the .. tter of business development on
the site. Mrs. Oberley stated that she is concerned about any business that
is to be built on this property. Mrs . Oberley stated that the property owners
in this area have had "a great view of the .auntains• and with new develop -
ment, this would destroy that view. Mrs. Oberley stated that she would object
to any building being constructed on proposed lot 1 . Mrs . Oberley testified
as to the probla.s the residential owners have dealt with over the years from
the patrons of the bowling alley, i.e., drinking, liquor bottles tossed into
the residential yards, partying in the parking lot, etc. Mrs. Oberley stated
that it seemed to do no good to lodge ca.plaints regarding the behavior of the
bowling alley patrons. Mrs. Oberley stated that she has lived at this address for 28 years .
Ms . Andrea Newport, 2974 West Chenango Avenue, was sworn in. Ms. Newport
asked how close the proposed building could be to their fence.
Mr s . ROMans stated that construction cannot be allowed in any ease.ent , and
the easa.ent for the Brown Ditch is shown as 10 feet in width .
Ms . Newport stated that 10 feet would be very close to their property , and she
doesn 't want to look out her kitchen window into the rear of a ca..ercial
bu1lding. Ms . Newport also testified as to the traffic proble.s on South
Fede ral , whi ch she felt would be ca.pounded by addit ional ca..ercial develop -
ent on the site. Ms . Newport also pointed out that the old Centennial Race
Trac has been developed, and the Centennial Shopping Center has been expan-
ded, so there is additional ca..erctal space available for prospective businesses.
r . Carson potn d ou that a .a.ber of the Ca..ission, Mr . Such, does liv 1n th1 s g n ral area .
r . S ch s ated that he does live in this neighborhood, and that he also as
s concerns regarding the proposed dtvelop.ent . He stated that he Is glad
o s t at r s d n s ar present to dtscuss their concerns .
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Mr. Greatorex stated that the insurance building Mr . Jacobowski referred to is
one story in height, and would not inhibit the view of the proposed develop -
ment from the south any more than his house would inhibit the view of the development from the north.
Mr . Carson asked if anyone else wished to address the Ca..ission. No one el se spoke a this time.
Allen moved :
Mulhern seconded: The Public Hearing on Case 125 -87 be closed.
AYES:
NAYS:
ABSTAIN :
ABSENT :
Mulhern , Russell, Such, Allen, Barbre, Carson None
None
Jolk, Hanson
The MOtion carried.
Mr. Such questioned that there was sufficient parking space for the bowling
alley to divide and sell off a portion of the lot . He noted that there are
times when there are several groups of bowlers at the alley that the parking
lot is full . He stated that he anticipated people would be park i ng in the
shopping center lo if a portion of the existing lot ts sold and cannot be used forb lers ' parking.
a he has been going to this bowling alley for IS years ,
i full .
Mr . Barbre stated a he could see no basis for denial of the request to ap -prove e proposed subdtvls on.
A
t at she could understand the posltton of the residents o
1r ~unlatn vtew, but the proposal ts all the regula -
1s t net to govern subdivision of property. She stated
tn opposition to the ,..quest.
ons
n co ld
I 11, All , Car I .
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ABSTAIN: None
ABSENT: Hanson, Jolk
The motion carried.
A lady in the audience asked if the proposed develo~nt couldn't be built further away than the 10 foot space of the existing ease.ent.
A gentleman in the audience expressed his opinion on the partying that goes on
in the parking lot now, and the need for additional lighting if the proposed development is approved.
Mr. Allen called the attention of the Chair to the fact that the Public Hear-
ing is closed, and ca..ents fro. the floor should not be elicited.
Ms. Russell assured the -..bars of the audience that the Co..ission Is not
giving th .. the "run-around" when they are told that they will have to attend
another Meeting to express their concerns on a proposed use, but this is the procedure that .ust be followed by the Ca..ission.
IV. PUBLIC FOIUN.
Mr. Carson asked If any -..bar of the audience wished to address the Co..is -
sfon on the previous •atter, or any other issue. No one addressed the COtlllissfon.
V. DIRECTOI'S CHOICE.
Mrs . Ra.ans stated that she had nothing to bring before the Co..tsslon.
VI. CIRRISSIOIII'S CHOICE.
Mr . Allen stated that he was not present at the last ... tfng, and asked at
had been done for the M.unakea f .. tly. Mr. Carson stated that a plaque was
presented to Mr . M.unakea shortly before his death, which he deeply apP~t
attd . The Ca..tsslon also sent a plant to Mrs . M.unakea following Mr . Maunak a 's death .
T er being nothing further to COlle before t Ca..tsston, the d cl ared ad j ourned at 7:55 P. M. t t ng as
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niHUTES
£HGL£UOOD PUBliC liBRARY ADUISORV BOARD
Decenber B. 1987
Th~ r~gular "~~ttng of the Englewood Public librery Rdut .. ry
Board was called to order by Chatman Bruc• Hogue at ?:JS p.n.
PR£S£HT: Bruc~ Hogue. Al Quetntence. Uirgtnte Johnaon. John
Peterson. Joe Rethburn. loia St•rltng
R£6R£TS: Betty Dounay. Gerold 5-.p-n. S.u Sinon
ALSO
PR£S£HT: Mrs. Barbera Hogue
Susan Uen Dyke. City Council R~r•aentettue
Sharon Uinkle. Director of librert••
Donna Gottberg. Recording S•cr•tery
Roll call was taken and • quorun dRcler•d pre .. nt.
lher~ w~re no scheduled or unacheduled ut•ttor•.
C hatr~n Hogue turned the ne•ting ouer to "•· Utnkl• for the
"•· U1n le gave background for th• J policy chenQ.e~eddition• to
be presented .
... ....., ....... .._. .... : The a-rd r.c-.ut• that the wording M changed
frOft "Can r· to •nay I"> on ttt. new booll_.k dtocu•eing u .. r
re•ponaabalaly for choic• of librery netertele.
ncwed by: John Pet reon
e ~d b\1: Rl Ouetntance
lher~ we bra f di cueeton.
Ptohon ra d.
e..rct ._......_ ttt. new Policy 19 r....,.cttng
Chotc of ltbrery ,..terioh.
to
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After dt sc ussion it was decided that the wording be ~ended in
paragraph 1 to add the word "necea-rtly" after the words "do not."
Molton carried following acceptance of friendly ftften~ent.
87-31 ftQJIOft: That the Boerd approve the propo.ed reutsions to
Poltcy 13 regarding Public Posttng~Oistribution of literature.
Moved by: lois Sterling
Seconded by: Al Qu.tntence
There was dascussaon on clerific.tton. It w.s suggested that the
word "necessaraly" be added to paregreph S and ~ragr~h 3 reed
"No anfor~tion prDftoting religion ••••
Mot1on carried following acceptance of friendly ~ndftent.
Director•s Chgice
Ms. Uinkle relayed a ftesaege fran Andy ftcDoun. City "-never.
requesting that the Board consider desien-ting Conference RoDft IZ
as the [rnae Anderson RDDft. The present Ernie Anderson RoDft in
the Palace/fire CDftplex will no longer be eueileble for public
use. The Board agreed that this suggeation w.a in order.
87-32 IliUM: That the Board ..-ec-nds that Confe..-ence RoDft IZ
1n the ltbra..-y be designated as the [..-nte Anderson RoDft.
Moved by: Joe Rathbu..-n
s~co nded by: Al Qu.antance
Jhere wa s discuss on and suggestions for the future .
Mob on carried .
M . U1nkle noted that the Arapahoe library District contract has
been app..-oued by City Council.
for the Board•s nfol"ftetaon. ther• will be a Holt~ party at the
1brary on Deceftber JO .
Ms . Ulnkle noted that with 1 new Council ~. beginning an
J nuary. daffe..-ent deper~ta of the City er• giuang ori•ntatton
nd ta u a -oraent d pr aentetione to Council. T library will
g1vco a pres•ntataon on J--y IJ end .... Ui,.l• aels '-d
"~ r to g ue he..-any perU..-nt inf--Uon they f 1 would b
en f1 lal to p en to Council at that tifte .
,..,
al
to de .. on
1 tU all in
end enJDYMl f01r r .
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As tnfor"atton , new non -fiction ~tertala are now circulated for
a 2 -Yeek period as opposed to a 1-week period.
Cha&rM§n's Reoort
There will be 3 vacancies on the Board aa of february 1. 1988.
Mr. Quaintance and Mr. Peteraon heve applied for reappointnent
and Mr. ~pson has stated that he doea not wiah to be
reappointed. A letter frOft the Ba.rd will be written to the
Mayor . supporting the re.ppoint..ent of nr. Quaintance and nr.
Peterson. Mr. Hogue then noted he will not be able to accept o 2nd ter" as Board Chat~.
Mr . Hogue distributed literoture on the upcOfting Public Librorv
Assoc&ation <PLA> conference in April of 1918. He w.nted "enbera
to be aware of what would be euail~le ot the conference ond
think about who "ight be willing to ottend. funda ore euail~le
for attendtng this conference end'or the ALA conference in "id
s ~e ~pen ding Council ~ou.l. ~ohn Peteraon expreaaed an
tnterest in attending the PLA conference.
Mcnbers' Choice
All the Board "~benJ congrotuloted Susan u.n Dyke on her
appo1n~ent to Mayor.
The Board thanked Ms . Sterling for aerving refreah..enta thia even1ng.
Al Quetnlance thanked Suaen for her aerutcea to the loerd.
Mr . Q-&ntance haa,... ~r-.-.nta with the [nglMIOOd HJgh
chool for the ltbrory to obt..in • achool --1 ot • SOZ
dt ac ount, ~lv, for the Local Hiatory collection.
Ma . terltng auggeated the Ltlw~v eend • -lltng to the
ngl-od c.,..untty •-thing Uko tJie -thng thot -• rec-tl"
ent out b" Swedt b Hoaptt..l.
Mr . Hog~ recent!" tolk~ with D.roth¥ Uheelehon (f~ 8Dord
>. on inter at in .... .,,,.. for loerd
Tb.r
h d bu••-•.
r ta .
7 brt fl" da
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ENGLEWOOD PUBLIC LIBRARY
Selected Statistics
Noveaber 1987
CIR CUI..ATJO,
Cen tral Lib r a ry 16,015 (20,275)* Bookmobi l e 6,943 ( 5,879) TOTAL:
DAY OF SE RVI CE 22 22)
AVERAGE DA I LY CIRCULATION 1,044 ( 1,189)
TRAFF IC CO UNT (Main Lib. only) 18,106 (17 ,269)
AVE RA GE DAILY TRAFFIC COUNT 823 785)
CI RCULATED TO ENG LEWOOD PATRONS TOTAL :
ALD Re 12roca 1 Borrowin&
Centr 1 Library 1,289 ( 1,713) Bookmobtle 629 ( 722) TOTAL :
533 833 )
205 282 ) TOTAL :
1UT I.S:
T LS :
········---·······
22,958 (26,154)
17,731 (19,695)
1,918 ( 2,43 5)
73 ( 1,115 )
2,57 1 ( • 59)
5 ,227 ( 6,40 )
TOTALS
2. sST"(!. 3 >
1,1 91 l 2 )
3 ,745 (3,15.)
71 (ll )
•s ( > so (l )
11 ( 6)
41
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LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY
Children's Depart ment
Bookmobile story times
Bookmobile Librarian's visits to classes
Classroom visits
Awards Ceremo ny
Reading Aloud (Chi ld. Book Week)
Puppet Plays
26
4
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3
CURRENT ACTIVE REGISTRATIO S
VOLUMES IN COLLECT ION
24,148 ( 19,269)
100,018 (103,628)
LIBRARY MATERIALS
Books
Records
Cassettes
Microfila
Compac t Disc
idcocas ettes
DISBURS ;TS
Depo i ted w1th City Tr urer•s Office
\olunt r I ur
ll / 7
(lo t and daMJed Mterials)
(•lcroC:OIIIIUt•r)
( inane al rviees)
VOUI4ES ADDED
425 (456)
( )
4 ( 59)
13 ( 11 )
13 ( 12)
1 ( )
$1,669.57
$1,061.84
18.45
323.00
205.53
48.75
12.00
NUMBER ATIENDANCE
( 3) 647 ( 48)
( 26) (661)
(
(
(
(
3) 92 ( 80)
) 300 ( )
) 9 ( )
) 500 ( )
VOLli4ES WI11IDRAWN
2281 (832)
7 (103)
5 ( 4)
( )
( )
( )
($1,101. 20)
($ 667.90)
( 14 .80)
( 299.20)
( 49.90)
( SS.OO)
( 14.40)
( )
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q;
BY AlJ'l1DUTY
ORDINANCE 00.
SERIES OF 198.,---<XUCIL BIIL NO. 78
INl'IUX.XE> BY <XUCIL
~BRADSHAW
AN ORDINANCE APPROVING A ~' S ~ Fen AIL aJl'SIDE SANITATICN
DISTRICTS 'lU USE THE WAS'l»6\Tm TRFJm9rr PLANT OF THE CITY OF EHiLDOD.
WIIERF.AS, Engleo.ICOd and Littletat jointly own and operate a waste water
treatment plant and began providing sewer service to districts outside of its
corporate limits in the early 1950's; and
~lHrnF.AS, a Standard Connector's Agreetaent was acklpted in 1983 to provide
consistent contracts for all the outaide sanitation districts; and
~, the wastewater Treatment Plant hired Black and Veatch Engineers
to m::xtify the City's in<llstrial. pretreatlllent proqram to meet QlA requirements
and Black and Veatch have reoawaeuded the followinq changes be made to the
Connector's J\qreelllent so that such Agreetuents will conform to the EPA
St<U'ldards; and
tO, '1'tDEPCitE, BE IT ~ BY THE ern c:aK;IL OF THE CITY' OF
DG.&O:X>, ~:
Sec ion 1. Black and Yaatch recc:weuds changing the ownership of the Bi-City
Ti' tment Plant which new reads the City to re.d jointly <MWd and operated
wi the City of Littletm.
on 2. The current t:em ia new far • three ( 3) yun period and the
:;!o::;l;.:l =.:..i.nt.l..:. is the no lid c:hlnge !rca the date of --=ution and auta.atic:ally
for six (6) ~ thne ()) year period~! unleu either party
auni.lluft of six .antha written notice tha the Al;r111 • 1 be tendnat:ed.
ty O:llln:il of the City of r.ng~ ~the Standard
}lgt"etenent hereafter IIPPMX'iniJ and authari the Mlyor and the
o si91' for and on behalf of the City Council o City o
Aql~.,at authodzes the City o P.hgl to enter 11\to Mid
C10'IMI:~W.-tt:al .:J~~Jn;;L-..-t-"'~ 0 1"19 C1 Y'•
~~-.... rud in full, Wid
7.
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Published as a Bill for an Ordinance oo the 9th day of Dec::eiTber, 1987.
Read by title and passed oo final readinq oo the 21st day of Deceltber,
1987.
Published by title as Ordinance No. _,
day of December, 1987.
A'M'EST:
Patricia H. Crow, City Clertt
Series of 1987, oo the 23rd
Ljl!iie L. otis, Mayor
I, Patricia H. crow, City Clerk far the City of lh)lewood, Colar.OO,
hereby certify the above end fongoinq is a true ocpy of the crdinance pas8ed
on final reading and pmli8hed by title M <kdi.nance No. _, Series of 1987.
Patricia A. crow
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CONNECTOR'S AGREEMENT
Sewer Contract No. ______ __
THIS AGREEMENT, made and entered into this day of
, 19 by and between the CITY OF =E~N~G~L~E~W~O~O~D-,~C~O~L~O~RA~D~O, a municipal corporation, hereinafter
referred to as "City," acting by and through its duly elected,
qualified and authorized Mayor and City Clerk, and
a corporat1on of the State of Colorado, hereinafter called
"District," acting by and through its duly authorized -----------
and -------------------------------------------
WITNESSETH
WHEREAS, the City owns and operates a sewage system,
including a sewage treatment plant which is jointly owned and
o pe rated wi h the City of Littleton, so situated physically as to
b e a ble o r e ceive and treat the•aewage gathered by the District;
and '
WHE REAS, i is the desire of th District to utilize the
facill 1e o wn d by the Ci y for the tr ataent of sewage and the
C1 1s w1lli nq o a rv the District for treat .. nt of sewag
un~ c r a1n c ondi ions;
l.
of th proaiaea and for
o n h reinaft r for h, i
f o llowe r
r 1c
on a
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2 . In the opera tion of District's sanitary sewer system,
District ag r ees t hat all applicable Code provisions and rules
ann regulatio n s of City, including amendments thereto during
the term of the contract, shall be the minimum standards for
District 's system. District further agrees to abide by all
applica ble state and federal laws, rules, regulations, or
pernits , inc luding those of the Environmental Protection
Agency (the EP A) as they become effective or implemented or
upon notice from the City. District shall have the
responsjhilit y for ensuring that all users, contractors, and
subcont ractors are fully informed of, and comply with, all
applicable rules , regulations and standards. It shall be the
responsibi lity of the District to obtain from the appropriate
governing body the applicable requirements. The City shall
attenpt to maintain and provide all requirements to the
Di strict; however, City does not guarantee the accuracy or
completeness of government regulations other than the City's
own regulatio n s.
3. The City 's permitting requirements shall be followed by the
Distric and its users. All plans, specifications and
methods of work with i n the District shall b e submitted to the
City in writing and approved by City prior to any
cons rue ion or tap in the District's approved area. No
permit shall be final and no se rv ice shall be provided to
property un il con st ruction is approved in wr i t i ng by City.
4 . Distric shall , at all times , pr o perly maintain its sewer
system and sha ll rectify any pr o blems or conditions whi c h
s.
ave b en d ermi ned by Di strict or City o be detr imental to
Ci y's reatment proce ss . Should the City determine that any
dipch rg entrrs the sewer s y s tem contrary to governing laws ,
ord1n nc ~. st atutes, rule s , reg u l tions or permits, District
r o proc cd a o nce o do wh atever 11 neceas ry to
r c 1fy such condit i on .
righ t o allocate 1 rvice und r thil
d ny additional s rvic provid d,
v nt w ill City t rm na e eervice w
Ci y eh 11 hav he righ to d11connect eervic
ann x d by Oistrlct wh n such nn xation t k s
prior writ n City approval.
•
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8 .
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shall bill District user direct for all City charges and
th os e District charges upon mutual agreement of City and
Di s trict . Should user not pay City, City shall bill District
and District shall pay to City within forty-five (45) days of
billing the amount due. These charges are subject to
adjustment from time to time by City; when such charges are
ch«n~ed, City shall give District forty-five (45)
oay s 'written notice.
Th~ erm of this Aoreement is for a period of three (3) years
fron the date of e;ecution and automatically renewed for six
(6) subse~ue nt three-(3)-year periods unless either party
gives a minimum of six months written notice, during which
time District agrees that all effluent produced from taps
within District shall not be in viol ation of any federal,
state or City laws, rules or regulations, or any o the r
applicable governmental regulation s or the permits under
which t h e City operates its sewage tre a tment system. City
agre s, durinq the term here of , to treat said effluent and to
main ain adequate facilities for treati ng of the same.
District agrees that it will maintain, at its own e xpense,
al of its lines, or those lines now owned and operated by
Di rict, it being specifically agreed that City as umes no
r e sponsibility s hould any of District's lines become clogged,
damag ~d, or require maintenance. Dis ric shall ma1ntain
24-ho ur s rvice to remedy disruption in servic Di s trict
s h 11, if i deems necessary, notify its users of Di s trict's
proc dure o remedy service.
10. T
1
11.
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b. Any violation or noncompliance with the terms of this
ag re e ment;
c. Violation or noncompliance with the laws, rules, permits
or regulations of the City, the United States
government, including the EPA, the State of Colorado,
including the Department of Health, or other law, rule,
permit or regulation applicable.
Should the District fail to promptly rectify a breach of
those provisions identified herein, after notice thereof,
City may take such steps and do such work as it deems
necessary to enforce this agreement, including litigation and
specifically a right to injunction or specific performance
against the District or any of its users as is necessary to
protect the City's system and operations. The prevailing
party shall be entitled to expenses and costs of suit,
including attorney fees. Should more than one District be
connected to a sewer line, all Districts on the line shall be
jointly and severally liable for any breach of this agreement
and shall immediately, after notice, rectify any problem or
condition detrimental to the treatment process. City shall
not be required to prove which District is at fault but shall
make available to all such affected Districts all information
developed or accumulated by City pertaining to such breach.
13. This contract shall not be used as a legal defense or
prohibition to the mandatory consolidation of facilities by
either party as may be required by the laws of the Stat of
Colorado of all existing aewer collection systems and
facili ies to a governmental entity crea d to assum
r sponsi bility for sewer service in the ar a in whi ch both
Ci y and a a ar a part under atatutory or conatitut1onal
uthori y as may b the caae.
ATTEST: CITY OF ENGLEWOOD, COLO
Pa ricia Crow, ci y Clerk
ATT T: "DI II
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
December 21, 1987 Jl
Southgate
Sanitation District
Supp 1 ement II 11
Water and Sewer Board
INITIATED BY ------------------------
ACT 1 ON PROPOSEO, ____ c_o_un_c_i_l_a_p..:...p_ro_v_a_l_o_f_so_u_t_hg.:..a_t_e_s_a_n_i_ta_t_i_on_D_i _st_r_i_c t __ _
SuppleMent 1111.
A request was .. de by the Southgate Sanitation District representing the
owner/developer for annexation to the Southgate Sanitation District . Inclu -
sion of this land does not increase the tap allocation to the Southgate
Sanitation District .
a . Suppl.-ent 1111 is for an area approxt .. tely 8 .573 acre s.
The property is being developed for single -f .. tly residential use.
b. LECAL:
See Athched.
c . ERS :
C 1 brity Oevelo nt Corporation, A.J . l Heather Koch, Will i • l "aur n
Cob, Robert A. l athy A. S.lth, Willi .. R. l ~ry Jean Fountain and
St l and P yl is Debra Gonzales .
d . HAllS :
r 13, 1987 tlng, th Water and S r Board r c: nd d that
pprov th ann xatlon of th prop r y d sc:rib d in Suppl •
Sou h ate Sanitation Dlstr ct.
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<RliNAOCE NO.
SFlUES CF 1987--
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BY A11m<lUTY
A BilL FeR
AN CH>.INAOCE APPRCNil«i st.lPPIB4ENl' NO. 111 'ro SOO'llG\TE SANITATIOO DISI'RICT'S
~·S AGREfl4fNl' WI'lll 'mE CITY CE' ~ 'ro IH::IIDE AIDITIOOAL LAND
WITHIN ITS DISTRICT BCXHWUES.
WHEREAS, SOUthgate Sanitation District desires to annex into its
District an additional area of approximately 8.573 ~res near County Line Road
and South lblly, in Arapahoe County, to be develc.ped for single-family
residential use; and
WHERE.I\5, annexation of this additional parcel of land into the Southgate
Sanitation District will not increase the tap allocation to the District; and
WHEREAS, it is necessary for said District to amend its contracts with
the City of Englewood to include this additional land within the District;
~, ~. BE IT ~ BY 'mE CITY CXXH::IL CE' 'mE CITY CE'
ENiiD«XD, ~. THAT:
Section 1. 'lhe agzeemeut between the City of Englewood and SOUthgate
Sanitation District entitled •SUpplement No. 111 to Connector's Agreement be
and hereby is apprCJYed . A ocpy of Mid ~nt is attached hereto and
ircorpor ed herein by reference.
len 2. MilycX and City Clerk are hereby author zed o ngn and -·===~iwly, the Mid Aogr:ee•nt for ancS on behalf of the City Council
y of D¥Jl..xld.
in full, and 21st y of
• 11 f 23rd d4y o Oec:ert:~er, 1 7.
ts:iijeiV! L. 6t 11 , MOl r
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SUPPLEMENT NO . Ill TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between th e CITY OF
ENGLEWOOD, acting by and through its duly authorized May or and
City Clerk , hereinafter called the "City," and SOUTHGAT E
SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado,
herei nafter called the "District,"
WITNESSETH :
WHEREAS, the City and the District have entered into a
Connector 's Agreement dated Jun e 20, 1984, in which the City has
agreed to treat sewage originating from the District's sanitary
sewer system within the area served by the District; and
WHEREAS, said Connector 's Agreement provides that he
Distric may not nlarge its service ar a \/i hout the wri n
cons n of th City; and
WHEREAS, h individuals and business n ity nam d h r in
b lo hav ition d th Distric to hav c r ain pro
i clud d wi hln h District boundar1 s1 and
u::d
~HEREAS, h part! s wish to o ain the wrlt n cons o
Clt} or &uch ch ng as
l. Th
in conaid ra 1on o cov n n a
• t ar 1 a oll
Cl y h r by con
y loca d
o h i clua on
y,
ion a ully d
a A hrou h G •
n
d
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incorpor ated herein by reference, from Southgate Sanitation
District :
a.
b.
c.
d.
e.
f.
9 ·
PETITIONERS
Celebrity Development Corporation
2525 Sixteenth Street, 1225
Denver, CO 80211
Celebrity Development Corporation
2525 Sixteenth Street, 1225
Denver, CO 80211
A.J. ' Heather Koch
78 42 S. Glencoe Way
Littleton, CO 80121
William ' Maureen Cobb
7841 S . Glencoe Way
Li tleton , CO 80121
Roger A. ' Kathy A. Smith
7851 s. G lencoe Way
Littl ton, CO 80121
William R. ' Mary J an Fountain
7831 S. Gl nco Way
Li tieton , CO 80121
St hen L e ' Phylis Debra Gonzal •
7832 . Glenco Way
Li tl on , co 80121
EXHIBIT
A
B
c
D
E
F
G
Accordingly, Exhibi A r ferr d to in Paragraph 1 of he
Conn c or's Agree n dat d Jun 20, 1984, is h r by a nd d o
2. ch nd v ry o h r ro aion of h • id Conn e to '•
d Jun 20, 1 84, ahall r in unehanq
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IN WITNESS WHEREOF, the parties have set their hands and
seals this day of , 1987.
ATTEST :
CITY CLERK
(" E A L)
ATTEST:
5 CRETARY
(S A Ll
CITY OF ENGLEWOOD
By:~~~------------------HAYOR
SOUTHGATE SANITATION DISTRICT
By:
~PftRE~S~I~D'-E~N~T~--------------
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EXHIBIT A
T hat portion of Lot 42, Block 9 , Heritage Greens Filing No.
3, as platted in the Arapahoe County recorcs under Reception No.
2101904, S t ate of Colorado, that lies w i thin the parcel of
proper t y described as follows:
COMMENCING AT T HE SOUTK~ESTERLY CORNE R OF LO T (2, eLOC K 9,
t:.ER!TAG:: G~E::::s SUEOIVISIO N FILING NO . 3, S .;ro POI NT BS I IIG T HE
PO"N7 Of E.::~I~I~ING; T HENCE N(2"06'44"W ;..liD ~.LONG THE LI NE BEi:iEE:I
LO':' <2 ~~0 43, BLOCK 9, 1.. DIST~.NCE Of 125.00 FEET ; THE NCE
r:3S "~9 'le"l';.. DISH.NC E 0!' 50.04 FEET TO THE SOliTH\·iESTERL Y COF.NER
o: LO T 27, f.ER!TA GE G?.E E:JS S USD!VISIOll FILING NO.3 ; THE NCE
N~2"06'<<"1' ;..~;o .t.LO!I:G T !-:E LI NE EET;;EES LOT 2 7 ~.SO LOT 2 8, BLOC K
7, f.ERIT~.GE G::!EENS S UBDIVISION FILI.'G t-!0 . 3, A D!S:O.;~:c:: OF llO. 00
FEET; THENCE ~~7 "53 '16 "£ AND ALOSG THE R!.:.::t LI~E OF LOTS 25, 26
J;N:l 27, ELOc:' 7, HERITAGE G ~EENS SU!l O!VISIO:I FILING NO. 3, A
C!STASCE CF 230.9! FEET TO T H~ ~ORTHE.:.S':'E?LY COR~!~ Of L07 2~;
T~ENCE S2~"29'50"W A DISTANCE Of 69 .53 FE E7; T~E~CE S38"07'54"£ ~
c:sn::c:: Of 23~.77 fEET; THENCE S5!"52'0£"~ A DISTANCE Of 125.C O
F!::T; T::!NC! 516"18' 57"£ A DISTANCE 0:' 35. (0 HET 'i'O A POINT 0!
THE R!~~ LIN:: Of LOT (2, BLOC -9, H!~!'i';GE GREENS SUSOIVISION
FILISG NO. ); Ti::SC! S47"53'16"W ~-J A~O~C TH! R!A~ L!~~ OF SAIO
L07 <2, ELOCK 9, HERITAGE GPEE S S U!,!VISIO~ FILl~C NO. 3, A
IST~SC! o: 12.74 FEET TO TH! POI~! Of !!G: ~!.G, CO TAI ING
0.96~ 1\CRES.
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EXHIBIT B
LEGAL DESCRIPTION -PARCEL B
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31,
T O h~SHIP 5 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS Of BEARINGS BEING THE EAST LINE OF THE SOUTHEAST QUARTE~ OF
SECTION 31, BEING CONSIDERED TO BEAR N00"26'44"E;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE
N29"30'55"W A DISTANCE OF 1659.94 FEET TO THE POINT OF BEGINNING;
THENCE S85"18'03"W A DISTANCE OF 131.05 FEET; THENCE N48"4l'~l"w
A DISTANCE OF 192.71 FEET; THENCE N33"29'51"E A DISTANCE OF
235.79 FEET; THENCE NS2"46'35"W A DISTANCE OF 233.47 FEET; THENCE
N22"43'20"E A DISTANCE OF 113.79 FEET; THENCE N70"33'42"E A
DISTANCE OF 71.28 FEET; THENCE N30"40'27"E A DISTANCE Of 12<.58
FEET; THENCE N49"44'30"W A DISTANCE OF 23.26 FEET; THENCE
N66"50'14"W A DISTANCE OF 73.95 FEET; THENCE N28"49'52"E A
DISTANCE OF 29.27 FEET TO A POI TON CURVE; THENCE ALONG THE AR C
Of A CURVE TO THE RIGHT WHOSE CENTER BEARS S12"39'45"W, HAVI IG A
DELTA OF 25"46'58", A RADIUS OF 310.00 FEET AND A LENGTH OF
139.50 FEET TO THE POINT OF TANGENT; THENCE S5l"33'17"E A
DISTANCE Of 105.00 FEET; THENCE S16"01'01"E A DISTA~CE OF 86.0 2 I
FEE!; THE CE S38"26'43"W A DISTANCE Of 240.00 FEET; THE CE
S19"00'47"E A DISTANCE OF 289.43 FEET; THENCE S29"55'57"E A
DISTA CE OF 104.64 FEET TO THE POINT OF BEGI I G, CONTAINI G
2.669 ACRES . I
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EXIIIBIT C
That portion of Lot 41, Block 9 , P.eritage Greens Filing No.
3, as platted in the Arapahoe County recorcs uncer Reception No.
2101904 , State of Colorado, t hat lies within the parce l of property described as follows:
CO~~!KCING AT THE S OU THW£STERLY CORNER OF LOT <2, BLOC K 9, ~ER!!AG! GREE~S SC&OIVISION fiLING NO. 3, SA ID POINT BEI IG THE
FJI'l':' 0!" BEGI·:~I:<:;; T HEil\:£ tH2"06'4(""' A:IO ALO::c; T H£ L IN£ EE:T:;E£:.1
L07 <2 A~O 4 3, BLOCK 9, A DISTANCE OF 12 5.00 FEET ; THENCE
t: 39 • < 9 'lE "n ;.. 0 >: ST.l,SCE OF SO. 0 4 FEE T TO Ti!E SOUTH\·:E:ST£RL Y COR::t:R c : LC7 2i, H!U'4.:.G! GREENS S UBDIVISION FILI NG NO. 3 ; THENCE ~>n"C6'•("W 1-~0 J.LO.:c; TriE LI E BET'-'EEN L OT 2 7 1.:1::> LOT 28, BLOC
7, t-;E:>:':';,:;:; Ci !'E!:IS St.:B:liVISIO•: fiLWG NO. 3, A OISTA.'CE OF 110.00
n.r.; &r:::::ct r;.;J"S3'16"E ~:0 ALONG T!-:! R£,1!> LINE Of LOTS 25, 26
>·:;, 11 . E:.oc: 7, H . IT;..Gt C~E£:;s sc.:acrvrsro:: FILI.'G t.o. 3, " C !~TA~C! OF 2)0.9~ fEET TO TH~ NO . ':'~EaS':'E?.LY COR~::• OF LC':' 25;
":'.E. C. S2~"29'SO·~ .r. OISTA~CE OF 69.53 FEE7; T~ESCE 536"07'5~"£ A o:s r :~CE OF 23;.77 FEET; T :ENCE 551.52'06"" I DIST;~CE Of 125.00
FEE":'; 'i .;E ~CE 5!6"1!'57"£ A OIS':'A~:ct 0:' 3S.C\l FC!:T TO A POI. 7 0~1
'41-E'? L.HE OF LO~ <3, LOc .· 9, MERIT;c;~ C ~~!~S S !O!VISIO
F:t.! .. :; t:J . l ; Tr.!SC! 547"53'16•, ":10 A:.c .:c Tro t P!~?. LI'•E OF SAIO
o• <2 , !L CC 9, ~ ~ITACt C ~tt~S U!' ~ SIO~ F!LI'l; tO, l, ~
: ~A~C£ CF 12.7 Ftt! TO T t PJI~T OF !CIS~!~C , CO TAt I C 0 .t£~ J.C !S.
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EXHIBIT D
That portion of Lot 26, Block 7, Heritage Greens Filing No.
3, as platted in the Arapahoe County records under Reception ~o.
2101904 , State of Colorado, that lies within the parcel of property described es follows:
C OMH!~CING AT THE SOUTHKESTERLY COR~E R OF LOT <2, BLOCK 9,
I'C?IT;.::;:; G R !!~S SUBDIVISION FILING NO. 3, S;..ID POINT BEING T ?:E POI~T OF B!~I~~I~G; THEKCE N42"06'44"W ~~J ALONG THE LI~E BET ~EE~
LO':' <2 ~~D 0, BLOCK 9, A DISTANCE OF 125.00 fEET; THENCE ~39"'9 '18 "W A DISTANCE OF 50.04 FEET TO TiE SOCTHWE STE RL Y C OR~!R
Of LO':' 2i, f.!RITAGE: GREENS SUSDIVISIO!I FILI NG NO. 3; THE•'CE t-.~2"0:i'(4 "1\ A ~:D ALONG THE LINE EET;.;EE N LOT 2 7 A~:J LOT 28, BLOCK
7, hERITAGE G RE!~S SUaDIVISION FI LING NO . 3, A DISTA~CE OF 110 .00
FEE:'; T'::::;.:c: ~n"53 'lfi "E ANJ ALONG THE REA? LI •::: OF LO':"S 25, 26 ~·::> 1i, EL.OC!\ 7, HERITA C! CUE~S SUS:>!VIS!O:l FILI~C t.o. J, A
C:ST. SCE OF 2]0.9! FEET TO TH~ ~n?THE~S!!?LY COP~!~ OF LO':" 25; 'i f.!~C~ S:?~"29'50"i\ A OISTA!-:CE OF 69.53 fEE':'; T!-i!::.:E S38"07'54"E J.. r:s:;..~::: OF 23~.7 7 FEET; THENCE S5 1 "5 2'06";.; A CISTA~CE OF 125.00
r:::.:; T .-:;:::;::; S!6"18'5PE A DISTANCE OF 35 .40 FE!T TO A POINT O:l
7 f.E ::;..~ LI~E OF LOT <2, BLOC. 9, HER!TAC~ C~EE'S S U!~!VISIO~
r::.Lc 1\J . 3; TiE~CE S0"53 'l6"W ~.:~o Ato-:c T!-!E REA . L!. E OF SAID
LC7 <2, E:oc 9, f.E~ITACE GRE ENS SU!~!VISIO~ Fitl~C ~0. 3, A D:.~~~CE 0~ 12.7< fEET TO Tri £ POI ~T OF EECI ~!'G, CO~TAINI C c .''~ ;.::u:s.
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EXIIIBIT E
'l'~1.1t portion of Lot 27, Block 7, Heritage Greens Filing No.
3, "'' pl:.ttcd in the Arapahoe County recc::c!s 1.!:-!cer Reception No.
2101"0" I St.:~te of Coloraco, that lies within the parcel of
pL 'i'• tly d~s cribec ~s follo\:s:
C0~~~NC IN C AT THE SOUTH~ESTERLY CORNER OF LOT <2, ELOCK 9
1 ~!~!r~~~ G ~~E~S SUSOIVISION FILING ~0. 31 SAiD POINT E!I NG T H E
f'v:\:' OF 6!GI~:~:n:c; T:iE NCE IH2"0o'H "w 1-.t:;:, 1-.LONG T:iE LI :-o ::: BET :·:!E~
LC·':' 0 ).~:!) 43, BLOCK 51 A DISV.NC! OF 125.00 FE:!T ; TliEN~E ~:9 "4 !'1 €"~ A DISTA~CE OF 50.0~ F:::ET TO T H::: S CUTH~!ST!R~Y C O~~!R
<:':" LC:' 271 f.E?.ITAG! GR!E!iS SUEOIVISIO:l FIL H:G NO. 3; TP.n:cE ~.;2"06'.;4"1; A~;j 1.1..0:-:G T HE LI NE !!Ti>'EE:I LO T 27 1-.::o LOT 28, ELOCK
1 1 ~!R::;~::: G ~!!~S SUB::J.VISIOV FILI SG ~0. 3 1 A DISTA NCE OF 11 0.00
FE2':'; 'U::;c:: t-:47"53'16"£ A~) J.LOI:G T HE F.~A?. LI ::: o: 1..0':'5 25 , 26
;.'.j 111 E :CC!\ 71 F.!RIV,GE G?E!::s S t;!!=>I V ISIO:: FILIS G 1.0. 3,;.. r:s!~s·:: F 210.9~ FEET TO THF N O?':'~EA S':'!~LY C OR~::~ OF 1..0 7 25;
Tai\CE 52.;"2 9'50·~ J. DISTA~:E 0? 69.53 FE2':'; T ~E~:E Sl8"C7'54 "E ;..
:sr;.:-.c:: CF 23L77 FEET; TP.!~:c:: B1"5 2'06"i>' J. o:sT.:.::c:: Cf 1 2S.CO
F!!7; ';",:;:\:~ 5!6" .le '57"£ ~-OISTA!:C:: 0:' 35. <0 F :.:~i T O A r o:-.;:-0::
7iE f::·~ L n o: LOT 0, E!..OC: 91 h ~RITAG:.: G "::~ S S tJE::>:VISIO-.: r::r~:v t.o. 3 , -:r.::~~== S0"53'H·~ 1-::o J.:o!:::; Tf.E p :;;., Lr:::: or s;..ro
LC'7 < 2. !:.cc:: 91 f::RrT ;.c:: G"!£.'5 s •::o!v:sro:; f ~r..;::; t:o. 31 A
c:s:-;..:.;:: c: 12.1~ r::r:-: To Tr.:: PO::::-o: s~c;I·:::!\ I c o~TAI!'I.G C.!:~ .:.c·ts.
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EXHIBIT F
That portion of Lot 25, Block 7, Heritage Greens Filing No.
3, as platted in the Arapahoe County records under reception
No.2101904, State of Colorado, that lies within the parcel of
property described as follows:
COMMENCING AT THE SOUTHUESTERLY CORNER OF LOT 42, BLOCK 9,
HERITAG E GREENS SUBDIVISION FILING NO. 3, SAID POINT BEING THE
POINT OF BEGINNING; THENCE N42•06'44"~ AND ALONG THE LINE BETWEEN
LOT 42 AND 43, BLOCX 9, A DISTP.NCE OF 125.00 FEET; THENCE
N39"49'18"W ADISTANCE OF 50.04 FEET OF THE SOUTHWESTERLY CORNER
OF LOT 27, HERITAGE GREENS SUBDIVISION FILING N0.3; THENCE
N42"06'44"W AND ALONG THE LINE BETWEEN LOT 27 AND 28, BLOCX 7,
HERITAGE GREE!iS SUBDIVISION FILING NO. 3, A DISTANCE OF 110.00
FEET;TH E:;cE N47•53'16"E AND ALONG THE REAR LINE OF LOTS 25, 26
and 27, BLOCK 7, HERITAGE GREENS SUBDIVISION FILING NO. 3, A
DISTANCE OF 230.95 FEET TO THE NORTHWESTERLY CORNER OF LOT 25;
THENCE 524•29'50"W A DISTANCE OF 69.53 FEET: THENCE S38•07'54"E A
DISTANCE OF 234.77 FEET; THENCE S5P52'06"W A DISTANCE OF
125.00 FEET; THENCE S16•18'57"E A DISTANCE OF 35.40 FEET TO A
POINT O. THE REAR LINE OF LOT 4 2, BLOCK 9, HERITAGE GREENS
SUBDIVISI O, FILING NO. 3; THENCE S47•53'16"W AND ALONG THE REAR
LINE OF SAID DISTANCE OF 12.7 4 FEET TO THE POINT OF BEGINNING,
CONTAINI.G 0.984 ACRES.
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!::XJIIBIT G
That portion of Lot 4 0 , Bl ock 9, t!erit~ge Greens F iling No.
3, as platted in the Arap3 hoe Co cn ty re co rcs under Reception No.
2101904, State of Colorado, that lies within t he parcel of property described ~s follo ~s :
C OMM !~CING AT THE SOUTH~EST!RLY COR~!R OF LOT <2, BLOCK 9, ~!i!TAG! GREE~S SUEOIVISION FILING NO . 3, S AID POINT BEING THE POI~~ OF E!GI~~I~G; THESC£ N~2"06'4C "~ l~J A LO~G TiE LI NE B ET~EEH
LOT <2 A~D <3, BLOCK 9, A DISTANCE OF 125.00 fEET; THE NC E ~39 "49'18 "~ A DISTANCE OF 50.0C FEET TO T ~E S O~THWESTER ~Y CO R~ER
01' LO':' 2 7 , ~E R ITAGE GR::7E~S SUSDIVISI O ~: fiLING NO . 3; T~E NC£ t-~2"06'<<"1; ~.~;o ALO~G Ti:E Li t\! !ET\\EE ~ LO '!' 27 P.~:o LOT 28, !LOCK
7, H!RITAG::: G R::7 E~S SU!OIVISION FILI ~G ~0. 3, A DISTANCE 0~ 11 0.0 0
fEET; T :'E~;C! Nn"53'16"£ 1-ND H.Ot:G T:-:E P.EAR Li n CF LO:;; 25, 26
,;·:o 2 1, EtOC!\ 1, HERIT.:.cc: GREENs s u:orvrsro:: rr Lrr:c t-o. 3. ;.. c:S~A~:C: OF 2)0.9! F::7ET TO THF NnRT HEAS!!RLY C OR~E~ OF L C~ 25; T~E~C! 52~"29'50"K A DIST A~CE Of 69.53 FEET; T :-:E~CE 538"07'5~"£ A
o:sv.::c::: 0? 2)4.7 7 FEET; T i':E~CC: 551"52'06 "~; J.. OIST;..scE Of 125.0:>
FE<.'i'; 7!-:!::cz Sl6"le'57•£ A OIS T,;::c::: Or 35.40 FC:ET TO A POII\T O!l T~E REA F L!~E OF LOT <2, ELOC.' 9, H::7RITAGE GR!i~S S U!O IVISIO ~
FILI ::c t;:). J; T~:::-:c:: 50"53'16"1-' 1-.~:o no~c T !-:~ P!H Lt·::: or s ro
LOT <2, fLOC · 9, ~£~IT AGE c~::E~S SC!O:VIS!ON FILIKG ~C. 3, A OiiT~SCE CF 12.7~ F£!T TO T~E P OI~T OF S !GI~.·:~G . CONTAI ING ~. 9£; J.C:< ES.
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COUNCIL
DATE
December 21, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
lib
SUBJECT Southgate
Supple.ent 1112
IN IT I A TED BY ___ wa_t_e_r_a_nd_S_ewe_r_Bo_a_rd ______________ _
ACTION PROPOSED. ____ c_ou_n_c_n_._PP_r_o_va_l_of_s_ou_t_h_ga_t_e_s_a_n_it_a_t_io_n_D_i_s_t_ri_c_t __
Supple~~ent 1112
A request wa s .. de by the Southgate Sanitation District representing the
owner/developer for exclusion fro. the Southgate Sanitation District. Exclu -
sion of this land dots not increase or decrease the tap allocation to the Southgate Sanitation District.
a. Suppl nt 1112 Is for an area approxl .. tely 2.117 acres .
The property Is being developed for slngle-f .. lly residential use .
b. LEGAL :
SH Attached .
c.
lo nt Corporat ion .
d. Fl IA L ()(TAILS :
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OODIIW«:E NO.
SElUES OF 1987--
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BY AlmDUTY
A BILL F'CR
caH;IL BILL NO. 80
~tcaH;IIL
AN oooiNAt«:E APPIOIIl«; SliPPLI!Jefr NO. 112 ro ~ 51\NITATI~ Drsnucr•s ~·s .AGRfDtfNr WI'nl THE CITY CE I!KiLfl«XD EXCUD:n«; IN«> FIQol THE DISTRICT.
WIEREAS, Southgate Sanitation District desires to exclude an area of
approxiJMtely 2.117 acres near Ctu'lty Line Road and South Holly, in Arapahoe
County, fran its District; and
~. exclusion of thia parcel of land frcm the Southgate Sanitation
District vill not increase cr dllcreue the Ulp allocation to the District; and
WHERFAS, it is necessary fer aid Datrict to ~ its contracts with
the City of Dlqlewood to include this aMitiona.l land within the District;
I ~. BE IT ~ BY THE CITY c:xucn. OP THE CITY (F
flG'..f.TIOD, CCI£1WX>, ~T:
Section 1. 'n'le ~qr••• 1t betwela the City of !nrjlwood a.nd Southgate
5anita ton District entitled •lllppl t No. ll2 to Oonnector•a Aqree.n be
and hereby ia app%'01/'ed. A oopy of Mid Aigrll I it ia attached hereto a.nd
incorpor herein by reference.
-~;;;on;:r2.. nw Mayor: a.nd City Clerk are t'ereby authodaed to aign and
t, ive.ly, the Mid foe a.nd on t.half of City Council
y 0 Ehgl
in fUll , a.nd on fint reeding on the 21n day o
H • 11 toe 23rd day of Dlclllllbltr# 1 7.
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SUPPLEMENT NO . 1 12. TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and
City Clerk, hereinafter called the "City," and SOUTHGATE
SANITATION DISTRICT , Arapahoe and Douglas Counties, Colorado,
hereinafter called the "District ,"
WITNESSETH:
WHEREAS, the City and the District have entered into a
Connector's Agreement dated June 12, 1984, in which the City has
agreed to treat sewage originating from th Distr ct 's sanitary
S er ysteM within th ar a served by th District; and
WHEREAS I h business entity named h rein b low has
p i ioned h District to have c rtain proper 1 s xclud d fro
he Dis riet boundaries, and
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WHEREAS, h rti a wish to acknowl dg chang a in h
oundar1 s of h servic ar a and obtain th wri t n cons n o!
h C y or such chang a;
THE ORE , in conaid ra ion of and
r ekinga h r in • or h, h par i • II
1 • Th c 'I h con• n • 0 on ot n
s ot ro r Y loca d y, Color
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Accordingly, Exhibit A referred to in Paragraph 1 of the
Connector's Agreement dated June 20, 1984, is hereby amended to
exclude such area.
2. Each and every other provision of the said Connector's
Ag reement dated June 20, 1984, shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and
seals this day of , 1987.
ATTEST:
CITY CLERI<
IS A L)
A L)
CITY OF ENGLEWOOD
By:
~MA~YO~R~--------------------
SOUTHGATE SANITATIO DISTRICT
By:
~P~R~E~S~I~D~EN~T~--------~------
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. EXHIBIT B
LEGAL DESCRIPTION -PARCEL C
A TRACT 02 LA ND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOh~lSP.!? 5 SOUTC:, R.!\.:.;GE 67 WEST 02 THE SIXTH PRI NC IPAL MERIDI.;N,
CO UNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRISED AS FOLLOWS:
EASIS 02 EEARI~GS ~EING TP.E EAST LINE OF THE SOU~HEAST QUARTER OF SECTIU~ J_, EE!~G CONSIDERED TO BEAR N00"26'4~"E;
CO~MENCING AT THE SOUTHEAST CORNER 0~ S.;ID SECTION 31; THENCE N25"22'50"~ A DIST.;NCE OF 2439.94 FEET TO THE POINT OF BEGINNING,
SAID POI:.;T EED!G ON CURVE; T!;ENCE ~-LONG A CURVE TO THE LEFT WHOSE
CENTER BEARS Sl2"39'45"W, HAVING A DELTA OF 18"34'31", A RADIUS
OF 310.00 FEET AND A LENGTH OF 100.50 FEET; THENCE NOS"54'46"W A DISTA~CE 0? 170.00 FEET; THENCE N16"18'57"W A DISTANCE OF 102.95
FEET; THENCE N11"38'13"W A DISTANCE OF 29.06 FEET; THENCE N79"22'3~"E A DISTANCE OF 57.57 FEET; THENCE S79"2l'26"E A DISTA~CE OF 113.62 FEET; THENCE S75"38'27"E A DISTANCE Of 31.99
FEET; TP.EN~E Sl5"36'08"W A DISTANCE OF 113.27 FEET; THENCE 52~"31'53"2 A DISTANCE OF 86.98 FEET; THENCE S28"<9'52"W A DIS!A~CE 0? 109.27 FEET TO THE POINT OF BEGINNING, CONTAINING 1.036 A~RES.
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C 0 U N C I L
DATE
December 16, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Final Plat for All -
American Auto Centre
IS Subdivision (4900 S. Federal)
1 N 1 Tl ATED BY ___ T_he_C_I t_y_P_h_n_n_l n_g_an_d_Z_on_l_n_g_C_Oftlll __ ls_s_l_on _______ _
ACTION PROPOSED• ____ A_PP_r_o_ve_t_he_F_I_na_l_P_la_t_o_f_t_h_e_A_l_l_-Ame __ r l_c_a_n_A_u_to_c_e_nt_r __ e
15 Subd i vis i on . It is recommended that a bond or other fon~ of surety I n th e
amo unt of the cost of the Installation of a 4-foot sidewalk be requ i r ed .
IACICGitOUNO
The bowling alley loc ated at the north end of the Ce nt enn i al Shopping Center
~as constructed at th e t l.e the area ~as annexed to the Ci t y In 1962. The
property on whic h t he bowl i ng alley Is located is not und er t he s a o~nershlp
as the shopptng cen t er , but Is owned by Falrlane s Colo rado 8 ling, Inc., a
co any headqu artered In Balt l .are, Maryland . The proper t y ~as zon d for ca.-
.erclal use at he t l.e i t was ann exed to the Ci t y, and has be n zon d for
ca..erc al use since Its annexation to Englewood .
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As proposed on the Subdivision Plat, the property would be divided into two
lots. Lot 1, the property to be sold to All-American Auto Center, would be a
fraction over 1/2 acre in area. Lot 2, the remaining area owned by Fairlanes
Colorado Bowling, Inc., would be approxi•ately 4.68 acres in area.
On the Preliminary Plat, a four (4) foot sidewalk was shown along the Federal
frontage of the Goodyear site, the west side of Lot 1. Because there is a
four (4) foot sidewalk to both the north and south of the Fairlanes property ,
it was determined that the four (4) foot sidewalk should be required to be
installed across the west side of the entire site, and that was a condition of
the approval of the Preliminary Plat.
The Planning Co.mtsston considered the Final Plat of the All-~rtcan Auto
Centre 15 Subdivision on Oece~r 8, 1987. The four (4) foot sidewalk Is .
shown across the west side of both Lots 1 and 2 on the Final Plat, so it was
found to be in conformance with the conditions placed on the Prelt•tnary Plat.
In making their decision, the Planning Ca..tssion did consider the testimony
of the witnesses who own the ho.es north of the subject site . It was the
opinion of the Co..ission that the subject site was zoned for ca..ercial use
before it was annexed to Englewood and has been zoned for ca..ercial use since
the annexation; therefore, the owners do have the right to utilize the proper -
ty for ca..ercial use and do have the right to divide the property in the man -
ner that will best serve that purpose .
The ..-bers of the Planning Ca..lsston are of the opinion that the Final Plat
should be approved; however, they feel that the City should have so.e as -
surance that the sidewalk will be constructed. It is estt.ated that the cost
of Ins tallation of the sidewalk wtll be $6,000 .00 .
R£COIIODATJ 011
It is the reca..endation of the City Planning and Zoning Ca..isston that the
Final Plat or the All -~rlcan Auto Centre IS Subdivision be approved and that
the owner should provide the City of Englewood surety tn the ..aunt of $6 ,000
to assure the ins tallation of the sidewalk along the west side of Lots 1 and Z
of the Subdivision. The surety .ay be In the fora of cash, a bond, or a let -
ter of surety froa a bank, savings and loan Institution, Insur an ce coapany or
other qualified lending nstltutton evtdeftclng that sufficient .oneys have
en escr to guarant the Installation of the std alk prtor to th is ·
suance of a Certificate of Occup ncy for any structure on lot l of h All ·
ric n A o C nlre 15 ubdtvlston.
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RESOLU TION NO.
SERIES OF 1987
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A RESOL UT I ON APPROVING THE PLAT OF THE PROPERTY AT 4900 S OUTH
FEDERA L BOU LEVARD TO BE KNOWN AS ALL -AMERICAN AUTO CENTRE #5
SUBDIV ISION.
WH EREAS , o wner Fa i rlanes Colorado Bo wling, Inc . a nd
Al l-American Auto Cente r s , Inc ., cont r a ct purchaser for a p o rt ion
of the prope rt y , submitted an applicati on to the Englewood
Pl a nn ing a nd Zoning Commission, Case No. 25 -87 , for consideration
o f a subdi v ision of p roperty at 4900 South Federal Boulevard to
b e kn own as All-America n Auto Centre #5 Subdiv ision; and
WHERE AS , th P re limin ary Plat in Case No . 2 5-87 was heard
b y the City Pl anning an d Zoni n g C omm ission at its meet i n g on
November 2 4 , 1987, and the Commission foun d that the p r o p os ed
pla conformed o he requirements of the applicable City Cod e
and Ord1nances ; and
WIIERE .a.S, the Final Plat was consid red at the Ci y
Planninq and Zoning Commission m e ing of December 8, 1987 ; and
WHERE S, he conclusions and recomm ndation of the City
Planning and Zoning Commission were th he Fi n al Pla be
anproved as pres nted provid d bond is post d to ensure
cons rue ion of a tour-foo sid wal k along h entire South
Federal Boulevard fron age, th cost o which is estimat d to b
$6,000;
OW, THER FORE, BE IT RESOLV D BY THE CITY COUNCIL OF
THE CITY OF NGL WOOD, COLORADO:
CITY COUNCTL FINDS THAT:
on in ca
is
ate oC
l /2 SW
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8903 2 '51" E along said North line a distance of 609.43
feet; thence S 00°11'14" E along the East line of the
West 1/2 SW 1/4 SE 1/4 of said Section 8 a distance of
370.50 feet; thence S 89°32'51" W a distance of 609.48 feet
to the point of beginning.
2. The subject property consists of approximately 5.18
acres which is proposed to be divided into two lots: Lot 1,
being approximately .51 acres in area, and Lot 2, being
approximately 4.67 acres in area.
3. The proposed plat conforms to the requirements of the
applicable City Code and Ordinances.
CONCLUSIONS:
1. The subject property has been developed but not
previously pla ted.
2. The Final Plat for All-American Auto Centre #5
Subdivis ion was reviewed for compliance by the City Planning and
zoning Commission at its December 8, 1987 meeting and found to be
in order and approved as present d with the provision that a bond
be posted to ensure cons ruction of a four-foot sidewalk along
the entire Sou h Feder 1 Boulevard frontag •
IT IS HEREBY DECIDED by thi s Council that its findings and
conclusions be approv d and the application of Fairlanes Colorado
Bowl ing , Inc. and All -AM rican Auto Cent rs, Inc. for subdivision
of the pro.er y at 490 0 South F der l Boule vard, Cas No . 25-87,
to b e known as All -Am rlc.n Auto C ntr #5 Subdiv1sion,
approved ub) c o he posting of a bond in th amount of $6,000
to nsurc cons rue ion of a f our-foo aid walk long h ntire
Sou h Federal Boul v rd ront ge.
AD OPTED AND APPROV 0 the 21st day of D c mb r, 1987.
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CIT Y PLANNING AND ZONING COMM ISSION
ENG LEWOOD, COLO RADO
IN THE MATTER OF CASE 125-87,
FINDINGS OF FACT, CONCLUSIONS,
AND RECOMMENDATIONS RELATING
TO THE FINAL PLAT FOR
ALL -AMERICAN AUTO CENTRE 15.
FILED BY:
DAVID JACOBOWSKI, ARCHITECT
ALL -AMERICAN AUTO CENTERS, INC.
5918 EAST COUNTY LINE ROAD
HIGHLANDS RANCH, COLORADO 80126
AND
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FAIRLANES COLORADO BOWLING, INC. )
1112 NORTH ROLLING ROAD )
BALTIMORE , MARYLAND 21228 )
FOR PROPERTY LOCATED AT :
4900 SOUTH FEDERAL BOULEVARD
ENGLEWOOD, COLORADO 80110
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Planning Co.mission Mbers pr sent:
Planning C ission Mbers absent :
1.
THE FINDINGS OF FACT AND
CONCLUSIONS OF THE PLANNING
AND ZONING COMMISSION OF THE
CITY OF ENGLEWOOD, COLORADO.
Barbr , Hanson, Russell, Carson,
Allen , Such
Jolk, Mulhern
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2. That Fairlanes Colorado Bowling, Inc ., is the current owner of the prop -
erty and All -Ameri can Auto Centers Inc. is the contract purchaser for a port i on of the property (Lot 1).
3. That David Jacobowski, architect for the applicant, testified that the
Fi nal Plat reflects the condition placed on the Preliminary Plat calling
for a four (4 ') foot sidewalk along the entire South Federal Boulevard frontage .
4 . That the subject property consists of appr oximately 5.1837 acres whi ch
is proposed to be divided into two lots: Lot 1 will consist of .5045
acres and is proposed for an automobile service facility and tire sale s;
lot 2 will consist of 4 .6712 acres, and will be used by the existing bowling alley facility plus parking .
5 . That the propo sed Fi na l Plat ha s been rev i ewed and approved by the Te ch-nic al Review Commi ttee.
6 . That the proposed pl at conforms to the requ i rement s of the appl ic ab l e City co de s and ordi nances.
CONCLUSIONS
1 . That the subject property had been developed, but tha i had not ben previously platted .
2. That the Fi na l Plat for All -Aie r ic an Auto Centre 5 has n r
the Technical Re view Co..i t tee and is in co.pliance wl h appli ca ordlnllnces.
3. That the Final Plat for All -A.erlc an Auto C n r
for compliance by the Planning C ission at
0 c mber 8, 1987.
4. That the Final Plat for All -A.erican Auto C ntr 5 was found o ord r.
5 . Tha h COGNission vo td to approv th f nal Pla a pres n ed .
I£C TIM
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This decision and these Findings of Fact are effective as of the meeting of December 8, 1987 .
By Order of the City Planning & Zoning Commission.
Thad Carson, Chairman
City Planning & Zoning Commission
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STAFF REPORT
CASE #25-87
STAFF REPORT RE:
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FINAL PLAT
SUBDIVISION PLAT
Final Plat for All American Auto Centre #5 Subdivision.
DATE TO BE CONSIDERED:
December 8, 1987
NAME AND ADDRESS OF APPLICANT:
All American Auto Center, Inc. 15
Contract Purchaser
5918 East County Line Road
Highlands Ranch, Colorado 80126
~E AND ADDRESS OF OWNER:
Fairlanes Colorado Bowling, Inc.
1112 North Rolling Road
Baltimore, Maryland 21228
LOCATION OF PROPERTY:
The subject property is located at the northwest corner of the Cen -
tennial Shopping Center, which is located north of West Belleview Avenue on
the east side of South Federal Boulevard .
LEGAL DESCRIPTION:
A tract of land being the North 370 .5 feet of the West one ·half,
Southw st one quarter, Southeast one-quarter of Section 8, Township 5 South,
Range 68 est of the 6th Principal Meridian, City of Englewood, County of
Arapaho • State of Colorado, except the West 50 feet, said tract be ng more par icularly d scribed as follows:
8·2. Dh tr c • I .
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STAFF REPORT
CASE #25-87
DESCRIPTION OF RE UEST:
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FINAL PLAT
SUBDIVISION PLAT
Section 10 -1-2 of the Englewood Municipal Code states that "it shall
be unlawful for any person to divide realty unless there has first been a Sub -
division Plat prepared, approved, and recorded in accordance with the provi -
sions of th is Title." (General Subdivision Regulations .)
The applicant is proposing to plat an area of approximately 5 .1837
acres, presently used for the Fairlanes Bowl building plus parking area, into
two lots. Lot 1 will consist of .5045 acre, and is proposed for an automobile
service facility and tire sales. Lot 2 will consist of 4.6712 acres, and will
be used by the existing Bowling Alley facility, plus parking .
PROCEDURE:
The Plann i ng Commi s sion considered the Preli~inary Plat for All -
American Au to Ce ntre No . 5 at a Public Hearing on Nove.ber 24 , 1987.
In reviewing the Prell•lnary Plat, the Com.lsslon gave part icul ar atten tion to :
1) The zoning of th prop rty proposed for subdivision with the zoning
of th areas Immediately adjacent thereto ;
2) The proposed layout of lots and blocks, and the propo se d dimensions
thereof o de~nstrate ca.pl lance with appl ica ble yard area requlr nts .
3) Th availability o all utili t ies, and th pro l•lty th reof to the area propos d for subd vis on:
4) T loca fon o u fllty nd other as nts:
5)
6)
7)
8)
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10)
T
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11 ures of th land I h p ctal
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STAFF REPORT
CASE #25-87
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FINAL PLAT
SUBDIVISION PLAT
The Commissio n also considered other matters which the Commission
deemed im portant to be considered in order to accomplish the purpose set forth i n the Subdivision Regulations .
At their regularly scheduled meeting of December 8, 1987, the Plan -
ning Commission will review the Final Plat, assuring that any suggestion s or
conditions wh ich were the result of the Public Hearing on the Prelimina ry Plat
are incorporated into the Final Plat. The Planning Commission will the n send
the Final Plat to City Co uncil for their approval . After City Council approv -
al , the Plat will be recorded in the office of the Arapahoe County Clerk and Recorder .
DESCRIPTION OF SUBJECT SITE AND ADJACENT AREA:
The s ubject site co ntains approximately 5.1 837 acres of land, and is
located on the east side of South Federal Boulevard in the 4900 block, ap -
proximately 120 feet south of West Chenango Avenue . The property directly to
the north is zoned R-1-B, Single -family Residence. R-1-A, Single -family
Residence zoning is imposed on property across South Federal Boulevard to the
west, and there is B-2, Business District zoning directly to the south of th e
subject property. B-3, Commercial, zoning in littleton is directly east of
the subject property. Fairlanes Bowl is located on the west side of the prop -erty wh ich is o be divided.
IACK&ROUND OF PREVIOUS ACTION RELATIN& TO THE PROPERTY:
This area wa s annexed to the City in 1962 and subsequently zoned B-2, Busln ss District.
Th xlstlng bowling alley was construct don the property pr ior to
he ar a being ann xed to the City, and platting of the property wa s not •
requlr n for building. Si nc e 1962, there have been i~roveMent s to th
building, and a jor addl ton; but no other building activity on the subjec prop rty .
REUTI
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STAFF REPORT
CASE #25-87
COMMENTS FROM OTHER DEPARTMENTS:
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FINAL PLAT
SUBDIVISION PLAT
The Technical Review Committee, consisting of the various City De-
partments concerned with develop.ent, has reviewed the Final Plat, and the
requirements of the City Departments have been addressed.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION:
Fairlanes Bowl and the corresponding paved parking area presently
comprise the entire 5.1837 acres of the subject property . The applicants are
requesting to subdivide the property to enable the. to sell off a portion of
the existing paved parking area (lot 1) for further develop.ent. Since the
entire property has not been platted to date, the platting process is required to sell off a portion thereof.
The existing paved area in front of the bowling alley is .are than
adequate to provide the required parking for the bowling alley. The Englewood
Zoning Code requires four spaces per lane, plus one additional space for each
two employees. There are 48 lanes in the bowling facility. Two hundred
seventy eight parking spaces can be provided within lot 2, the location of the bowling alley, which is MOre than adequate.
Lot 1 is proposed to be the location of a Goodyear Store . This use
requires Conditional Use approval in the 8-2 zone . The Conditional Use plan
must be approved prior to the issuance of 1 building pen.it for such a use .
The proposed All -Aie rican Auto Centre 15 subdivision proposes to
close the existing northernMOst curb cut fro. South Federal Boulevard . Also,
the Final Subdivision Plat indicates that a four foot (4') sidewalk will be
installed adjacent to South Federal Boulevard along the st side of both lot
1 and lot 2. Th Depart-.nt of Ca..unity O.velop~ent reca..ends approval of
the Final Plat for All -Aierican Auto Centre 15 Subdivision.
gw
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LAYTON AVE . R
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2 9 '' ~ • ~ .. •I
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WEST . . 1 . ' . J ·~ ... .. ... .. . I ~· .... , .... ...... • .. ... .. .. . ' < . "' '----;", ... .. ,, .
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: ~WEST CHE NANGO AVE R
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LOT 1
••• _____ LOT 2
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SUBJECT PROPERTY
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C 0 U N C I L
DATE
December 16, 1987
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C 0 M M U N I C A T I 0 N
AGE NDA ITEM SUBJECT Final Plat for Angle
Subdivision (4450 South
Windermere Street)
INITIATED BY ______ r_n_it_l_a_t_ed __ b_y __ Th_e __ c_it_y __ P_l_an_n_l_ng __ a_n_d_Z_o_n_l_ng __ c_o_mm __ is_s_i_on ____ ___
Approve the Final Plat and an Agreement relating to ACTION PROPOSED----------------------------------------------
right -of -way for South Navajo Street.
BACKGROUND
The owners of the Angle Tree co.pany, Charles and Rosetta Angle, purchas d th
property at 4450 South Windermere Street frOM Public S rvice Co.pany and relo -
cated their busine ss to that address approxi~ately on year ago . The Publ c
Service COMpany prop r y was 6 .ZO acres In area, a site larg r han was n ces-
sary for th Angle Tree coep any business. Mr . Angle and Barry Shl lds, Pr sl -
d nt of Angle Tr C pany, contacted the Engln erlng and Utilit ies Depart
nts and h Plannl g 01 lslon and discussed their plans o pos lbly l a
h eas rn por lon o prop rty for the storage of v hlcl s or a s lar
typ o us , un 11 d cl d d how they would use th excess land . T y re
no par 1cula ly 1n r s In subdividing the property at tha I c us
o t pure ase pr1c and th cost of Install ng wat r and s r lc o
c por 10n o prop rty. Th y did Indica tha t y uld 11
u ur .
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The Engineering Department staff had worked with the alternate access problem
for sometime and were of the opinion that, were the right -of -way to be dedi -
cated, there possibly could be funds available from the Highway Department to
pay for the im provements to South Navajo Street as part of the program to up -
grade South Santa Fe Drive. For this reason, the Angles agreed that at the
time they were in a position to plat the property, they would design the Sub-
division Plat around the Navajo right -of -way. Because the dedication of the
right -of -way is crucial to the plans to open Navajo between Tufts and Oxford,
the possibility was discussed that the Angles would not be required to pay for
the improvements if they dedicated right-of-way for Navajo. They also agreed
to dedicate the land necessary to clarify the right -of-way for South Winder -
mere Street and to dedicate right -of-way for a portion of West Radcliff
Avenue . As part of the discussion, the Angles also stated that they would
request the City to include South Navajo Street in a paving district in accor-
dance with the City's paving schedule. They also agreed that if they sho~ld
pla he property before the City is in a position to pave Navajo, they would
not sell off the lots fronting on the west side of the Navajo right -of -way .
Pursuant to the earlier discussions, an agree.ant relative to the Navajo dedi -
cation was drawn and has been signed by the property owner and the bank hold -
Ing the mortgage . In the ~~~eanti111e, Mr. T011 Francis, the President of Wlndsar
Industries at 1351 West Stanford Avenue, contacted the Planning Office and
said he is In a situation in which he has to expand his facilities, and that,
If h could not purchase additional property adjacent to his business, that he
wou ld have to leave Englewood . He did not want to .ave b cause bo h he and
his ployees l i e their present location and want to do business In Engle -
od. Mr. Francis contacted the Angles and they have agreed that, If the An -
gl s will proce d with the Subdivision, Mr . Francis will purchase th land
as of th Nava jo right-of-way (lot 1 and 2 of the Subdivision). This will
a e I possible for Mr . Francis to carry out his plans for xpansion and will
also a e It possible for h Angles to finance the 1nstallation of the w~t r ~nd s r s rv lce.
ro r ,
to c 111r
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way to be acquired across the Angle property in accordance with the Master Street Plan.
Attachments : Staff Report -Final
Findings of Fact for Final Plat
Signed Agreement
Final Plat
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RESOLUTION NO. '11
SERIES OF 1987 ----
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A RESOLUTION ADOPTING THE FINAL PLAT FOR ANGLE SUBDIVISION.
WHEREAS, hearing was held before the Englewood Planning and
Zoning Commission December 8, 1987 on application of owners
Charles and Rosetta Angle to plat the property at 4450 South
Windermere Street; and
WHEREAS, after considering the Staff Report, staff
tes imony, testimony of witnesses at the public hearing, and
reviewing relevant documents, the City Planning and Zoning
Commission found the final plat for Angle Subdivision to be in
compliance with applicable City Ordinances; to be in order and in
agreement with the City concerning the dedication and improvement
of South Navajo Street through the subject property; and to be in
compliance wi h the preliminary plat and conditions placed on the
preliminary plat by he Planning Commission;
OW, THFREF ORE, BE IT RESOLVED BY THE CITY COUNCIIL OF THE
CITY OF ENGLE~O OD , COLORADO:
CITY CO U CIL FINDS THAT:
1. Th e policft ion in Case No. 18-87 filed by owners
Charl s an d P.os ta Angle is cone rned w~th the prop rty loc t d
o n e ea ~d o f Sou h Wind r r S re approx~ma ly 300
! e n o r h o f w S anford Av nue and leg lly d scri d a f oll ow :
loca d in th l /2 of s l/2 of
9, Town hip 5 South, R ng 68
• r~ an, Ci y o! Engl wood,
of Colorado, mor p rt~cul rly
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then e N 89°39'01" W, a distance of 902.95 feet along a
line o the East side of South Windermere Street; thence N
1]0~4'08" E, a distance of 306.40 feet along said East side
of South Windermere Street to the TRUE POINT OF BEGINNING;
containing in all 6 .20 acres, more or less .
2 . The Enqlewood Planning and Zoning Commission held
publ ic he aring o n sai d application of Charles and Rosetta Angle
on September 15, 1987 to consider the P re liminary Plat for Angle
Subdivision .
3. Th Planning and Zoni n g Commission gave special
atten ion o zon ing of the property, proposed layout of lots and
block s, availability of utilities and their proximity to the
proposed subdivision , location of utility and other easements,
t opography and natural features of land with special reference to
flood plains, he continuity of streets and alleys with relation
to th proposed subdivision and the Master Street Plan, the
design and loca ion of bicycle and pedestrian facilities, and
other matters which the Commission deemed impor tant in the
proposed su division .
4. A is meting of 0 cember 8, 1987, the Pl nning and
Zoning Co 1 sion reviewd he Final Pl , which incorporated the
follow1ng cond1 ions r qu1red as the result of h public hearing
o( S p emb r 15, 1987:
A.
1
aold pr1or to
t hrough hie
0
A ~v
gi v n
half o
ia her by ncorporat d aa
o h Mayor and Cl y Cl r
h Ci y o Engl ood .
ubdiv1a1on a in con or nc w1 h
cona1a ng
C Wlth
1
0
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of ten lots on approximately 6.5 ac res located on the east side
of South Windermere Street approximately 300 feet north of West
Stanford Avenue, be approved subject to the conditions in their
Agreement with the City, a copy of which is attached hereto and
incorporated herein by reference.
ADOPTED AND APPROVED the 21st day of December, 1987.
Attest: Eugene L. Otis, Mayor
Patr1cia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado, hereby certify the abov and for going is true copy
of R solu ion No. ____ , Series of 1987.
Patricia H. Crow
...
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STAFF REPORT
CASE 118-87
STAFF REPORT RE:
Final Plat for Angle Subdivision.
DATE TO BE CONSIDERED:
December 8, 1987.
NAME OF APPLICANT AND OWNER:
Charles and Rosetta Angle
801 East Dogwood
Littleton, CO
LOCATION OF PROPERTY:
•
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FINAL PLAT
The subject property is located on the east side of South Windermere Street approximately 300 feet north of West Stanford Avenue .
LEGAL DESCRIPTION:
A tract or parcel of land located in the North one -half of the South one -half
of the orth on ·half of the North one -half of Section 9, Township S South,
Range 68 We st of the Sixth Principal Meridian, City of Englewood, County of
Arapaho , State of Colo rado, .are particularly described as follows :
Beginn ng a th Northwest corner of the Northeast on -quarter of said S c ion
9; th nc S ooo Z4 ' 47• West ., a distance of 690 .Z5 feet as .. asur (690 .00
feet cord d) along the West line of said Northeast one -quarter of S c ion 9
to a potnt; h nee S. 890 4Z ' ZJ• E., a distance of 71.14 feet along a 1 n
parall 1 w h th South lfn of the North one -half of the North on ·half of
sa1d or as on ·quart r of S ctlon 9 to the TAU POINT OF 8ECI lNG ; h nee
cr
alo n to
d I
11 • 0 I .
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STAFF REPOR T
CASE 118-87
ZONE DISTRICT :
I -1, Light Industrial District.
DESCRIPTION OF REQUEST:
•
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FINAL PLAT
Section 12 -3-2 of the Englewood Municipal Code states that, • .... it shall be
unlawful for any person to divide any realty unless there has first been a
Subdivision Plat prepared, approved, and recorded, in accordance with the pro -
visions of this Title.• (General Subdivision Regulations .)
The applicant is proposing to plat into 10 lots, an area of approximately 6 .5
acres. The lots will range in size fr0111 .2387 acre to 1.487 acres . The
1.487.3 acre lot (Lot 10) will be used by the existing Angle Tree facility .
PROCEDURE:
The Planning Commission considered the Preli11inary Plat for Angle Subdivision at a public hearing on Septe.ber 15, 1987.
ln reviewing the preliMinary plat, the Ca.isslon gave particular attention to :
1) The zoning of the property proposed for subdivision with the zoning of
the areas l~diately adjacent thereto ;
2) The proposed layout of lots and blocks, and the proposed dimensions
ther of to demonstrate ca.pliance with applicable yard area requirements.
3) Th ava i lab ili t y of all utilities, and the proxi11lty thereof to the ar ea propo s d f or subdl lslon;
4 )
5)
6)
7)
T e loc a io n of u i l !ty and oth r eas nts;
T opogr ap y and natural features of t land with s p c al r fer nee t o flood h1n ;
l d I 0 . I
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STAFF REPORT FINAL PLAT CASE #18 -87
9) The method of collection and disposal of drainage and surface water;
10) Other matters which the Commission deeMed i~ortant to be considered in
order to accomplish the purpose set forth herein .
After the public hearing on the PreliMinary Plat the Planning Commission ap -
proved the proposed su bdivision subject to the following conditions:
1 . An agreement with the City concerning the dedication and i~rove.ent 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 i~rove~~ent of South Navajo Street through this property .
The Final Plat wa s then prepared by the appl icant, incorporating the condi -
tions which were the result of the Public Hearing. At its Meeting of December
8, 1987, the Planning Ca..ission will review the Final Plat and, if approved,
send it on to City Council for approval . Aft r City Council approval, the
Plat will be recorded in the office of the Arapahoe County Clerk and Recorder .
DESCRIPTION OF SUBJE CT SIT£ AND ADJACENT AREA :
The subject site contains approxi.ately 6 .5 acres of land and is locat d on
the east side of South Wlnder-.re Str .. t in the 4400 block . The area on all
sides of the subj c property fs zoned 1·1, ltght Industrial. The right -of ·
way for th Atchison , Topeka and Santa Fe Railroad Is st of the property on
the st side of South Winde,...re Street. Renauld Inc . fs located to the
north of the prop r y and Lone Star Plywood, Ma ster Properties of Color do and
Wlndsar are loca d dir ctly south of the stte.
Pres ntly, Angle Tr Co. Is located on propo td lo 10 and
T e occup s proposed lo 8 .
This
Indu s
RElATING TO TH
Cl y fn 1955 ,
Ra lro d
1-l, ll
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STAFF REPORT
CASE 118 -87
COMMENTS FROM OTHER DEPARTMENTS:
•
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FINAL PLAT
The Technical Review Co.ittee, consisting of the various City Departments
concerned with develo~nt, has reviewed this Final Plat, and the requirements of the City Depart~nts have been addressed.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION :
The platt i ng of this property will be of benefit to the City in that it pro -
vide s for the right -of -way for the continuation of South Navajo Street and the
widen i ng and i111prove~~ent of West Radcliff Avenue adjacent to the property .
The extension of South Navajo Street between West Tufts Avenue and West Oxford
Avenue is extre.ely critical to the traffic circulation in the southwest in-
dustrial area . The Engineering and Public Works Directors have worked very
closely with Angle Tree to secure the right -of -way for Navajo across their property.
The property owner has agreed to enter into an agre ... nt with the City in
which they will dedicate the right -of -way for Navajo Street through their
property in exchange for the City 's providing the i~rovet~ents to South Navajo
Street fro. the south right -of-way line of Radcliff (on the north of the prop -
erty) to the south boundary of the subdivision. The City hopes to receive
funds fro. the Hlg~ay Depart .. nt to .. ke these i~rov ... nts. The agree.ent
will be signed by all parties prior to the approval for the Final Plat for Angle Subdivision .
As a result of th agre ... nt and the tf•fng for the f~rov ... nts of South
Navajo StrHts, lots 3-5 cannot be sold prior to the III!Prov ... nt of South Navajo StrHt .
T Depart..nt of Co.ut~ ty Oevel~t rec.-Ms approval of the Ftnal Plat
for Angle Subdi vision subjec t to the followint cOftdftfons :
J. City COftCtnlfnt the decUcatiOft and t ~~prov t of
sf9ftld by all parties pr or
l . 3 ·5 can ot sold prtor
this pr rt •
r
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CITY PLANNING AND ZO lNG COMMISSION
ENGLEWOOD, COLORADO
IN THE HATTER OF CASE 118 -87:
FINDINGS OF FACT, CONCLUSIONS, AND
REC OMME NDATIONS REL ATING TO THE
FINA L PLA T FOR ANGLE SUBDIVISION .
FI LED BY:
Charles and Rosetta Angle
801 Eut Dogwood
Littleton, Colorado
FOR PROP[RTY LOCATED AT:
44 50 South Windermer e Street
Approxi ately 300 feet north of
st Stanford Av nue.
I G COMMISSION MEMBERS PRESENT:
PL lNG COMMI SSION MEMBERS ABSENT:
)
)
) THE FINDINGS OF FACT AND
) CONCLUSIONS OF THE PLANNING AND
) ZONING COMMISSION OF THE CITY OF
) ENGLEWOOD , COLORADO .
)
)
)
)
)
)
)
)
)
)
Barb re, Hanson , Russell , Carson, Allen,
Such.
Jolk, Mulhern .
This ter ca.e before the City Plann ing and Zontng Co..isston on D cember 8,
1987, u~on appl ca on of Cha rles and Ro setta Angle, as presented by §lO .Z-4
of th nlc pal Cod of th City of Englewood, wh ich s elton establishes th
pro edurt for a pro al of a subdivision by Planning Co..lsston.
J .
2. 1 ty .
3.
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return for the dedication of land from the property owners, the City will
pay for the impro vements to the street.
5. THAT the owners desire to subdivide the subject property at this time to
enable them to sell off a portion of the property (lots 1 and Z).
6 . THAT the subject property consists of approxi•ately 6.5 acres to be di -
vided into ten lots ranging in size fra. .Z387 acres to 1.487 acres
7 . THAT the proposed final plat has been reviewed and approved by the Tech -
nical Review Committee.
8 . THAT the proposed plat confonas to the requir..ent of the applicable Ci ty
Codes and Ordinances.
CONCWS I OilS
1 . THAT the final plat for Angle Subdivision has been reviewed and approved
by the Technical Review Co.ittee and is in c011plhnce with applicable
City Ord i nances.
Z. THAT the f in al pht for Angle Subdivision has been required for com -
pliance by the Planning Co.ission at their regular .. eting of December
8, 1987 .
3 . THAT the final plat for Angle Subdivision was found to be In order, and
an Agree .. nt with the City concerning the dedication and t~rove.ent of
South Navajo Street through this property will be signed by all parties
prior to City Council approval .
4 . THAT th finAl plAt is tn co.pltance with the prell•lnary plat and condi -
t ions plAced on the prelt•tnary plat by the Planning Co.lsslon.
I£COIIIIEII)ATIC*
Th refore, It s t e d clston of the City Phftfllng aftd l lf19 C that
th final pht for Angle Subdhhton, conststif19 of t lots on t ly 6 .S acr s, be appro .
on a 110t ton by All , s co
T P T f lVI I •
0
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tl
THE JIGREE-IENI' made and e ntered into this L day of .JJ~,. , 193f.., by
and bet.....cen 01arlcs and Hosetta Angle , hereJ.nafter referred to as "Owners' and
First N.:~ti onal Ban!t o f SOUtheast Denver hereinafter referred to an "~rtgagee"
or "Lien holder" and the City of Englewo:>ci, Colorado, a Colorado ITlll'licipal
corporat i on, hereina ter referred to as "City".
WIILREAS, Olarles M d
in the C1 y of Ong l
tta Angle are owners of certain real pr~y lcx::ated
, County of Arapahoe, State of Colorado; and
t-JJn-:REI\5, he all o-mers desire to subdivide their ptqlerty and provide
adcqua occes!l and u ilities thereto and to develq> this prq>erty known as
the Ang le Sulxtiv i J.on , w approved by the EnglCWXld Planning and ZOning
Board Ol r 8 , 1987 , Which subdivision is described in the pl t attached
here t o and 111< rw:t of thi s Aqreement; and
uch devel n will rr.ake certain demands ~ the City for services
o t con s niCtion o f t subdivisicn; and
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distanc of 59~.07 feet along a line parallel with the South line of
the North one-half of the said Northeast ooe quarter of Section 9 to
the 'i'RUB POitfl' OF DfGH-il'lll~; thence
S. 89° 42' 23" E ., a distance of 60.58 feet along a line parallel with
said South line; thence s. 08° 16' 20" li.' a distance of 303.66 feet to
a point on the South line of said subdivision; thence N. ago 39' 01"
H. , n distance of 60.00 feet along said ~th line to a point; thence tl
ooo 24 ' 47" r.., a distance of 4.17 feet; thence N oao 16' 20" E. 299 .39
feet o the TRt.iE l'Olln.' OF' BIXiiNtlnK>;
2. Pi\\tii'K> OlSffiiCl.' ~:sl'.
~ Owners aqr~ to requ~ . .c;t that SOU h Navajo Street and West Radcliff Avenue
be con truct o City standards b'J recpesting its inclusion in a City paving
district a the C1ty's earl1est convenience. It is understood that due to
existing scheduling, the earliest date will be 1989.
'the ~rs aoree to wit~~lc sale of Lots 3, 4 and 5 of the Angle Subdivision,
un il after Sou h N<wajo s reet is ocnstructed. 'nle OWners further agree that
Lots 1 and 2 of the Angle SUlx!iv1sion are to be sold one parcel with the
res ric im M 00y r.us ran.:un as one parcel until such tir.e as SOUth
Navajo S 1s construe ed and that such ttstriction shall run with the
land. In . alt~rn..,tive, he o.mers a<JreC that Lot 2 shall not be sold until
after 1th 'avajo S ree 1s constructed.
4.
A.
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It is mutu11lly understoocl and agreed that, First National Bank of Southeast
Denver, hold<'..rs of a Deed of TrUst on the Angle SUbdivision described on the
atti\Ched plat, joins in the execution of this agrement for the purpose of a~senting to the terms and provisions thereof, to the extent of its interest
in said property.
IN NITNESS \'ol!IT-IDF, t!-.e parties hereto have set their hands and seals on
__ day of , 198 •
1\Tl'ES'!':
Patric1a H. ero.~, city clerk
sa.
CfJJt'fN OF AA/\PAl«X:
'nle foregoing ins
~-:::""",..---..-:· 198 , by the C1ty of DIC.Jl~.
~--~--~~~--~----~ L. Otis, rv.yor
was acknCWl before this day o
-for
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!) ~ fOrecJOing i nst.rulent was signed befcxe -this ~ day of l lJ/J.rt~-' 1982.
My Callllission Expires: J/-15-ei
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
December 17, 1987 I Fund Tnnsfers
1 NIT lA TED BY ___ c_it_Y_Ma_n_a_ge_r_'_s_o_f_f_i_ce ______________ _
ACTION PROPOSED ____ A_PP_r_o_va_l_o_f_R_e_s_ol_u_t_i_on_a_~_n_d_i_ng_t_he_G_o_lf_c_ou_r_s_e __ _
Fund and the Central Services Fund
During the budgetary process, it was deter.ined that because the Golf Course
Fund was now in 1 sound financial condition, that it should begin paying an
annual aO.inistrative fee to the General Fund. The fee would cover ad -
•1n1strative expenses incurred by the General Fund to provide direction and
•anag..ent of the Golf Course Fund. As City Council is aware, the Golf course
Fund operates as 1 division of the Parks and Recreation Depart.ent . Con -
siderable ti is spent by the Parks and Recreation Director, the E~loyee
Relations Oir ctor, the Depart nt of Finance and the City Manager 's Offi ce in
providing aO. nistrative services to the Golf Course Fund.
An ann 11 aa. nistrative fee of SlO,OOO was deter.ined to be an quitable
c arg or e Gen ral Fund's services . The Golf Course Fund is being proj -
cted o nd th y ar with a balance of 1pproxi .. tely SSSO ,OOO so th SlO,OOO
1 s ot 1 burd ns0111 fee for the Fund .
o pr
tory . • d
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During the budget1ry process, the fin1nci1l condition of the fund w1s re -
viewed. At th1t ti .. , the fund was carrying 1 fund balance of approxi••tely
$250,000. Such 1 fund bilance appeared to be unnecessary and 1 reb1te of
$95,000 to the General Fund was rec~nded.
This rec~ndition was built into the revenue projections for the General
Fund in 1987. This resolution is necessary to transfer the funds fro. the
Centril Services Fund to the General Fund.
RECOMEJI)ATJCJII
That City Council approve the att1ched Resolution ..-nding the Golf Course
Fund and the Central Services Fund.
I . •
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RESOLUTION NO .
Series of 1987
A RESOLUTION AMENDING THE GOLF COURSE FUND AND THE CENTRAL SERVICES FUND .
WHEREAS, the City Council of the City of Englewood, Colorado, desires
to make certain changes to the Golf Course Fund and the Central Services Fund;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Englewood, Colorado, as follows:
ATTEST:
Section 1
The following esttaated revenues and appropriations of funds are
hereby aade in the Golf Course Fund.
Source of Funds
Golf Course Fund Balance s 10,000
~'lication of Funds
f Course Adiinlstration Fee s 10,000
Section Z
The following estiaated revenues and appropriations of funds are
hereby aade in the Central Services Fund.
Source of Funds
Central Services Fund Balance
~plication of Funds
ransfer to Gineral Fund
Section 3
95,000
s 95,000
ty ,..nager and 01Netor of Finance are hereby authorized to
aa e the above chantts to the 1M7 Budget of the Ctty of Englewood .
Adopted and apttro~ tilts _ day of --------· 1987 .
, City Cl of t Ctt of E
t t bo nd fof"t901"9 s a t ,
lu t on • _. rl s of 1M7 .
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C 0 U N C I L
DATE
December Zl, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Leue Agreement
Eut City Hill
Parking Lot
Approve Agr...ent with the First N1tion1l B1nk of ACTl~ PROroSED ____________________________________________ __
Englewood to le1se property e1st of City Hall for use IS City pirking
lot.
In l1te 198S, following discussions with RTO, It bec.-e apparent th1t improve -
nts to El1ti between H~n Place and Floyd Avenue would be required to
h1ndle the proposed RTD bus routes upon COIIPletion of the Englewood Pirkw1y.
ln add ition, Cinde rella City was interested in .. inta ining a bus stop close to
the shopping center; and the City's Public Works Oepart-.nt was concerned
about th f1 of traffic on Ellti CMKe the old King Soopers lot llfiS
redeveloped .
As a result, Eng neering Services becJan rk ng on locat ons for bus stops,
includln9 bus pullouts to be used for layov r buses ; and real g nt of th
Glrard -Ela nt rs ct on to h~nc traff c fl tn and ou of C nd r ll1
Ct and alo £la •
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Because of this reduction in spaces, expanding the east lot to Ludwig's prop -
erty line was then explored. 35 .ore spaces could be added, bringing the to-
tal number of spaces available for parking around City Hall to 169 . This com-
pares to 150 spaces required by the City's zoning ordinance.
In SepteMber of this year, the City began talking with the First National Bank
of Englewood about a long-ten. lease for the land east of City Hall for use as
a parking lot. These discussions have resulted in the proposed lease Agree -
ment. The pertinent sections of the lease include the following:
1) Three-year ag~nt, auto.atically renewable for successive one-year
ten.s if agreeable to both the First National Bank of Englewood and the
City.
Z) Rental rate of $3,000 for the full three years, to be paid at the ·rate
of S83.33 per .onth.
3) City is responsible for property taxes, esti .. ted to be $4 ,397 .68 .
Arapahoe County has indicated that the City can request tax exe.pt status
for this property once the lease Agree.ent is signed;
4) City is responsible for the costs of the i_,rov ... nts, including as -
phalt, lighting, etc. These costs can be applied to the third year's
rent.
5) At the end of the lease, First National Bank will own all of the
i11prove.ents.
The existing east parking lot contains 11,Z80 square feet . The proposed ex -
pansion contains 10,998 square feet for a total of ZZ,Z78 square feet of area
for parking .
FIIWICIAL
Est .. ted costs to co.plete expansion of the east lot are as foll
Curb and gutter along east property 1 tne (by prtvate
contr actor) SI,SOO
Bue nd asp all (Cit y) S,OOO
Ov r d 1 ting (PSCo)
Str p
y)
& lrr
To
(Ctty)
Z.lOO
I ll.
soo
100
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Funds for this work would ca.e fro. the 1988 Road & Bridge account of the
Public Improvement Fund. Where labeled •city•, work would be done by
Cityemployees; costs are for aaterials only. A drawing is attached showing
the existing and proposed parking configuration for the north and east parking
lots of City Hall.
RECOIIIEJIDATION
It is reca.~ended that the City 1pprove the lease Agree.ent with the First
National Bank of Englewood for use of the land e&st of City H1ll for e.ployee
parking . Cost of the i~rove~ents is esti .. ted to be Sll,SOO, with 1 .. jority
of the work done by City personnel.
The Board of Directors of the First N1tion1l Bank of Englewood has approv!d
the lease agre ... nt .
I • •
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LEASE 1\GREEl1ENT
TlliS LEASE 1\GREEHJ::N'l' is made and entered into this day
of , 19 by and between THE FIRST NATIO~ANK
OF ENGLI::h'OOD , 333 \l est ll.:tmpden Avenue, Englewood, Colorado 80110
(hereinnft r the "Lessor"), and CITY OF ENGLEWOOD, 34 00 South
Elati s rPct, Englewood, Colorado 00110 (hereinafter, the
"Lc ss~\.!u l.
W I T N E S S E T H:
In consideration of the premises , promises, covenants,
condit1ons anrl h r pee ive undertaking of he parties hereto,
the rece1pt and suff1ciency of which consideration are hereby
confessed and acknowledged , it is hereby agreed as follows:
1. Lessor hereby leases to the Lessee a certain parcel of
real proper y located in Englewood, Arapahoe County, Colorado, of
more part1cularly described on the attached Exhibit A, which by
h1s reference 1s 1ncorporated herein as though fully set forth
(herc1naf cr, h "Lase Prem1ses"), for the limited purposes of
construe 1ng nd intaining a parking lot.
TO IL VE 0 TO HOLD the same with all appurtenances unto the
aid Le see fro. we ve o'clock noon on the 1st day of January,
1988, and until welve o'clock noon on the lst day of January,
1991, a and for a ren al for the full term of $3,000 prorated
vable in ~onthly 1nstall nts of $83.33 per month, property
ax a for ha parcel d .scrib on Exhibit •A• shall if asaesa d
d b prora d nd 1/12 of annual taxes b paid by L sse
h r n , in advance, on or before twelv o'clock
10 h ay of ach calendar month during the tera o
o 1ce of h Lessor a 333 w st Ha d n
~d, Colo do 80110, v ithou no ice.
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, exis
ions o
h
ly
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compcns.,te the Lessor, its successors or assigns, for damages to
its property, rights, franchises or privileges resulting fro~
acts or omissions of the Lessee, its agents, servants, employees
or contractors, or from the exercise of the lease herein granted
and the use of the Leased Premises .
5. Lessee also agrees to protect and hold Lessor, its
Lessees, successors or assigns, harmless and to indemnify them
from any ncchanics' or materiall!len's liens being filed against
the Lessee or from any cost, fee or charge, including attorn ys'
fees, incurred by Lessor in connection therewith. The Less
further agrees that, if any such liens are so f1led, it will
proceed with due diligence to obtain their release within th1rty
(30) days or post a bond suitable to Lessor to fully protect
against the enforcement of any such mechanic's lien.
6. All rights of the Lessee hereunder are subjec to and
subordinate o any mor gage or deed of trust which either now is
or at any tine hereafter may be executed by Lessor, i s
successors or assigns; and which now is or may h reafter beco a
lien on the lands involved herein. This Lease Agree ent is
subject to all leases, ase en s, restriction , r s rva 1ons and
any other encuMbrances or 1nstruments of record. The L ssor, 1 s
successors or ass1gn , xpressly does not mak any warrant! s
what oever wi h r spec to he Leased Premise 1nvolved h r 1n,
including, but no limited to, warranti s as to title,
encumbrances or possession by others and the Less e assum s sole
res~onsibility in he even tha its x rei o of s 1d l 1
conflicts with or af c s he r1gh , ti le or in rest of any
other p rson in and o such lAnds, it be ng und rs ood hat he
L ssee ill ind ~nify th Lessor, i s successors or as 1gns, h
r sp c o any cla1 o! or l1ab1li y to such o h rsons.
In
right hu,
is duplace
d y L
h ou9h prior
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event of a breach by Lessee of the terms hereof, Lessor shall
give Lessee notice of the breach in writing. In the event of
Lessee's failure to cure the breach within ten (10) days after
notic e, this Lease shall immediately terminate. Should Lessor or
Lessee be required to eMploy an attorney to enforce any of the
provisions of this Lease, the successful party shall be entitled
any fees or cost incurred in connection therewith. Notice shall
be deemed given three days after deposit in the U.S . mail,
postage prepaid, addressed to Lessee at its address above given.
11. This Lease Agreement shall be automatically renewed for
successive one (1) year terms unless a party notifies the other
more than thirty (30) days prior to the end of each year of
intention to revoke this lease. Such notification shall be in
writing. Additionally, this Lease Agreement may be terminated by
Les sor, should Lessee sell, assign or convey title or should
property be condemned or condemnation action be commenced through
any legal action, or should Lessor plan to commence development
or redeve lopment of whatever kind on the Leased Premises.
12. Lessee, before entering into possession of the Premises,
hall furnish L ssor with evidence of Worknan's Con?en ation
Insurance and a certificate of self insurance or insurance,
nan1ng Lessor as an additional insured thereunder, in such
a~ounts and wri ten by such com~any as Lessor shall require.
Le s e shall keep all insurance required hereunder in full force
and effec during the term hereof.
13. Upon r ination of this Lease Agreement, Less e shall
recons rue a chain l1nk fence on the West Sid of the prop rty
~ scr1b d 1n F.xh1bi "AH.
on h1rty (30) days• not ce, ak ov r up to
ces during h period of the 1 aae; r n •
lS.
L or's
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IN WITNESS WHEREOF, the parties have executed this Lease
Agreement in duplicate on the day and year first above written.
STATE OF COLORADO
ss.
COUNTY OF ARAPAHOE
LESSOR:
THE FIRST NATIONAL DANX OF Et~GLEWOOD
BY=----~~~~~~~~-----------Authorized Agent
The foregoing instrument was acknowledged before me this
day of , 19 , by
Authorized Agent of The First National Bank of Englewood.
Witness y hand and official seal.
Hy commission expires:
ATTEST:
STATE OP COLORADO
CO TY Ol' AMP AltO
)
) ...
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y e ss on xp1res:
NOTARY PUBLIC
LESSEE:
CITY OF ENGLEWOOD
8"!: __ ~~~~~~~-------------City Manager
Addres s
dged b ore .. this
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Ce rtificat e of ~ua ~c y
PA UL F. KAPA UN, R.L.S .
23 E. WE AVER PLACE·
LITTLETON, CO 8012 1 : . _ _....:.------:;
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COUNCIL C 0 M M U N I C A T I 0 N
DATE
Decellber 17, 1987
SlaJECT Awarding of bid for
1988 laundry and Dry
Cleaning Services
Finance t~nt
INITIATED BY ------------------------
ACTION PROPOSED ____ Ar»P __ ro_v_e_•_•_t_i_Oft_ .. _•rd_i_ng_l_au_nd_ry_a_nd_d_ry_c_l e_a_n_i n..:9 __
services for 1988 .
On Oct*r 23, 1987, the Purchasing DivhiOfl of the Depart~nt of F1nance
received sealed bids for laundry and dry cleaning services for 1988. Four
bids reaccepted and 1 fifth bid that was not received by the deadline wa s
not accepted and returned to the bid«Mr .
The bids re evaluated based on an tsti .. ted annual quantity ti .. s pr ces
quoted per the dtfftrtftt ga,..,_ts, to arrtve at the overall cost. 'roup A ga~ts lrt pollee 6epart.ent unifo~. 'rou, I gar.ents are fire depart n
Ul'ltfo,..s and Croup C h non -rgency unifo~. The results are u foll s :
Sl1 ,960.60
t,Z4 .eo
11 2 .60
$42 ,710.00
Pa less Cleaners
Croup A crou, a
Croup C
$27,774 .00
8,100 00
13 668 .00
549 .542 .00
A S34 ,tlt.oo
• 14 ,943 .00 c 2$,94 4 .00
$7$,6 .oo I . •
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Due to the fact that Cherrelyn Cleaners was previously disqualified because of
non-competitive prices, their facility was not scheduled for an inspection.
Kwik Way Cleaners
Payless Cleaners
New Quincy Cleaners
Inspection AssessMent
Acceptable
Acceptable
Not Acceptable
The bids were evaluated on the following criteria:
A) Pricing Structure
B) Billing Procedure and Receipt Syst ..
C) Knowledge of the Business -Both Manage.ent and Production Personnel
0) EquipMent
E) Maintenance of Vendor's Equi~t.
F) EMergency Procedures in the Event of a Full Operation Shut Down
G) Turn Around Ti.e
H) Housekeeping
I) Insurance
J) Vendor 's co..it.ent to the City's interest.
Based on the bid specifications and bid evaluation, Kwik Way Cleaners is the
lowest acceptable bid. New Quincy Cleaners was the lowest total cost bid, but
is considered non-acceptable based on actual, previous experience. The City's
experience with New Quincy has found Mew Quincy to be uncooperative tn
resolving proble.s, unable to provide quality service and unable to ..et our
billing requlre.ents.
The agreet~ent for laundry and dry cleaning services is for one year but allows
for a 30 day cancellation clause and is also ren.wable for one year upon
review of the vendor 's past perfo,...nce and su .. itted proposal for the next
year . The agree.ent has been reviewed by the City Attorney . A copy of the
ag r nt Is attached.
I£CCIIIEDTJ.
~ c nd City Council approve a •Uon ... rding Kw tk Way Cl
and dry cleaning services for 1111 .
rs th laundry
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AGREEMENT
This agreement entered into this day of-----------
1987 by and between the City of Englewood, Colorado (hereinafter refereed to
as "the City"), whose address is 3400 South Elati Street, Englewood, Colorado,
and (hereinafter referred to
as "Vendor"), whose address is -------------------
Whereas, the City is desirous of obtaining dry cleaning, laundry and minor
repair services for non-eMergency, police and fire personnel as per the Dry
Cleaning and laundry Bid Specifications .
TERMS Of AGREEMENT
1 . Vendor agrees to have dry cleaning and laundry services ava ilable for use
~ithin 30 days after the fonaal •~•rd and .. lntain said services and
prices for a period of one (1) year co..encing on January 1 , 1988 and
ending on Decf'llber 31 , 1988.
Z. The City ~ill be supplied according to the actual needs of the various
City depart~nts.
3. Vendor ~ill pro ide all bid lt-.s in accordance ~lth the specificat ons as
found on exhibt "A", Request for Bid .
4. T Vendor agrees that the cost of any •lnor repair such as bu ton ,
In
tc ., l"ththe to the ga,..nt being sup 1 ed service
•n t un t price• under the bid It
It nally guarant
S rvtc s found to
ood I th full X
da t V ndor
r tc n any
r an -
(l)
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6 . Vendor shill unconditionilly guirintee not to lose of iny girments being
supplied for services. lost girments shill be repliced it the full
expense of the Vendor within fifteen {15) working days fro. the dite
Vendor is notified of the loss.
7. As virious girment cleining services na.ed in the specificitions are
required by Virious depirt.ents of the City . Upon submitting girment(s)
for cleaning services the Vendor shall supply the city e.ployee's with i
clii• ticket. Upon presentation of said clai• ticket the cleaned
garment(s) will be returned to the City e.ployee .
8. The Vendor shall provide the City's Accounting Div isi on with a detailed
invoice acco.panied by receipts relative to that invoice. The invoice
ch1rges sh1ll be categorized by depart.ents. All receipts shall reflect
the ch1rge1ble depart.ent, quantity, services, and costs of each ite.. The
City will pay for said services by the thirtieth/thirty-first working diy
of e1ch .onth for the prior .onth's undisputed Invoice .
9 . TE~lNATlON · Either party .. y ter.inate this agree.ent by giving notice
n writing by reghtered .. n, return receipt requested, to the other
p1rty thirty (30) days prior to any such intent to cancel this Agre nt.
10 . Sot p rties hereto represent th1t they have read thh Acjree.ent,
understlnd I t, 1gree to be bound by all teras and conditions stated herein
tt
All T:
ledge receipt of a signed, true and exact copy of this Agre nt
such docu.ents referenced herein, shall constitute the
n wf th respect to t subject .. tter herein .
i t reto av t cut IY d
H. J .
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APPROVED AS TO FORM:
City Attorney
R;ck DeWitt
ATIEST:
Secretary Title:
12/87
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
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Mayor Otia and Maabera of City Council
Andy McCown, City Manager
Decaaber 17, 1987
Propoaed Change in Duty Weapon•
Attached ia a report froa Chief Bolwlea concerninq a propoaed
change i n the proviaion of duty vaapona. I would like to d iscuss
thia wi th you Monday night, and aeek your concurrence in hia
request.
I • ~~ ~ 1 ~
Andy Me ovn
Ci ty Manager
AM/jh
cc: Coun cil Maabera-eleet
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M E M 0 R A N D U M
TO: Andy McCown, City Manager
FROM: Robert R. Holaea, Chief of Police
DATE: November 25, 1987
SUBJECT: PROPOSED CHANGE IN DUTY WEAPONS
A few weeks ago, I inforaed you that I had been approached by a
number of officers who requested that the departaent aideara
regulation be changed to allow for the carrying of a .45 caliber
seaiautoaatic pistol rather than the .38 caliber revolver
presently required.
Because of an increased nuaber of shooting incidents across the
nation involving criainals araed with larger caliber seai-
autoaatic weapons, and intelligence inforaation indicating that
increased nuabera of terrorist group•, ganga and right wing
subversive organizations are becoaing araed with such weapons,
police officers across the nation have been reevaluating their
tradit ional attitudes toward the .31 revolver. Officers are
beginning to feel they are "out gunned." The trend aaong aany
agencies nationally is to change to larger caliber aaai-
auto a ca.
I have always been an advocate ot th larger caliber aeaiauto
P atol tor polic work, but until recently I have been in the
ainority. s nee there is a substantial coat involved, I have not
push d issu for several years.
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I was informed that the issue was of such concern to the officers
that they believed the majority of officers would be willing to
purchase their own weapons and leather accessories in order to
effect a change. Further, that this would be particularly true
if the city could arrange to purchase the weapons in quantity at
a reduced price and allow the officers to buy thea from the city
through a payroll deduction plan.
I agreed to obtain permission fro• you for the city purchase and
payroll plan, but informed the• I would not co .. it to it or the
change unless I received a co .. itaent via written survey from
approximately 90t of the officers.
I prepared the attached ... o and questionnaire for all officers
to be returned by Noveaber 15, 1987. The results were as
follows. Of the 70 officers on the department at the ti•e -
59 (84.3t) indicated in writing that they would be willing
to pay for everything ($530.62);
63 (90t) indicated in writing they would be willing to
purchase the weapons and aagazines ($477.82), but were
not willing to purchase the leather accessories as they
felt that is a city contractual responsibility;
8 (11\) indicated that they were not willing to purchase
any of the equipment.
The results were surprising. (I would not have thought that
anyone could get 90\ of any group of 70 people as diverse in age,
sex, inter ats, and financial situations to agree on anything.)
They we re indicative of the scope and aaqnitude ot cone rn. They
reflect a unity of purpose that should be reapected. Th
sincerity of interest ia even aore apparent when re lizinq the
co i n to spend the aoney ($530.62 ch) during 1• s w n
salaries and benefits have been only •1ni lly incr
Therefore, in r apect tor the ca.aitaen
k pin wi h the r quir ente of th con
eventually own nd control all police w
following r quest:
1.
in
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speed loader pouches and revolver holsters on hand can be
auctioned or sold to a used leather dealer or private
security coapany. They could bring from $500 to $1,000.
2. The city purchase 72 weapons and 144 extra magazines at a
cost of $34,403. Seventy-two weapons will provide one weapon
for the one vacant position and one extra in reserve. The 63
officers indicating their willingness to do so will purchase
63 of the weapons and 126 of the extra aagazines from the
city on a direct cash or payroll deduction prograa not to
exceed 26 pay periods. This will return $30,102 to the city,
leaving a total cost of $8,102.
The eight officers who did not agree to purchase their own
weapons would be issued city owned weapons. As turnover
occurs, the city could repurchase weapons froa the officers
leaving and provide thea to replac ... nt officers or siaply
purchase a new weapon for each new officer. EVentually, the
city would own all of the weapons. This would be an easy and
inexpensive aethod of obtaining that goal over the long tara.
I realize there is no aoney designated for such an expenditure in
the 1988 police budget. However, there is $15,000 in capital
outlay for purchase of an additional police car which was qranted
by virtue of the sale of the aotorcyclea. As you aay rec.all I
did not specifically request the new car. I waa proaotinq the
sale of the aotorcyclea with the intent of havinq the aoney fro
the sale returned to the police budqet. I did state that an
additional car would be of aore advantaqe than the aotorcycles,
so the council just included that in their aotion.
Therefore, I aa suqqestinq that the police car be forfeited and
$8,000 of the $15,000 be spent for this weapon• purchase and that
th r ining $7,000 be aet aside tor the conversion of the Ernie
Anderson Roo .
ry •
ion ot thh requea in 1 port nt • our
is only good un 11 th end of he
e o d r by th n, ~yMn vo ld no
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M E M 0 R A N D U M
TO: All Sworn Personnel
FROM: Chief Robert Holmes
DATE: November 6, 1987
SUBJECT: • 45 CALIBER SEMIAUTOMATIC PISTOLS
An increasing number of shooting incidents involve criminals
armed with larger caliber automatic and semiautomatic weapons.
Increased police intelligence inforaation indicates an alarm ing
number of cri•in la, terrorists and gangs are presently armed
with such w apons. These facts, coupled wi th the improved
design, accuracy and generally iaproved production of
semiauto atie pistols, have caused the law enforce ent co unity
across the na ion to reevaluate traditional thinking about .38 and .357 revolvers.
that th larger calib r
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be willing to purchase their own weapons if the .45 caliber
semiautomatic pistols were authorized for duty use.
I would obviously prefer that the city provide the weapons for
the officers to ensure officer safety through quality control,
uniformity and total department familiarity with all weapons;
uniformity and economy in training, as well as reduced officer
expense. But because of present and anticipated budget
constraints it will not be possible in the foreseeable future.
However, since there now appears to be a sincere desire expressed
by a large majority of officers to change to a .45 caliber
automatic, I am willing to make the change under the following cond itions .
1. Since I strongly believe that uniformity and familiarity of
weapons for training are the most important elements of
weapons• safety, and uniformity is the key to discipline, if
a change in duty weapons is aade it will be to one single
c liber, type, model, and brand of weapon required to be
carried by every officer. That will be the only weapon
authorized for duty use regardless of assignment.
2. The w apon that will be authorized will be the Colt Mark IV,
S rie so, .45 APe Coabat Elite with aabid xtroua safety.
This weapon has been reco .. ended by the aajority of officers
who h ve been conducting the recent teat, and I aa convinc d
hat i is the finest and moat suitable weapon for police
du Y m nut c ur d in the Unit d states today.
J. Officers will b required to purch se th ir o n v pon and
ace ssoriea according to the provisions described b low.
4.
5.
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In order to reduce the financial burden and to make the change
more attractive and acceptable to the officers, the city is
willing to purchase all weapons at a bulk price from Colt for
$477.82 per weapon, including two stainless steel magazines. The
Davis Model 4500 holster would be bulk purchased for $39.00 and
Safariland magazine pouches for $13.80, reducing the total cost
of the new weapons and equipment to $530.62 per individual
officer. Normal retail price of the weapon and aaqazines, if
purchased individually, would be approximately $645.00 and the
leather equipment $70.00 for a total of $715.00. Therefore, this
represents a savings of $185.00 per officer. To further ease the
financial burden, the city will allow officers to purchase the
new weapons through a payroll deduction plan without interest.
The payroll deduction would be $20.40 per pay period for one
year, or 26 pay periods. Obviously this would be an option of
the individual officer, as the weapons and equipment could be
purchased outright or in total or part from the city.
Further, i f officers leave the departaent for any reason, they
would have the option of selling their vaapon and equipaent back
to the city according to the following schedule:
Weapons and magazines
Up o one year from date of purchase -$470.00. Reduce 5t
each year of service up to 10 years. After 10 years of
• rv c e he city would not pay over $200.00 and aay exercise a n op t ion not to purchase it.
!!2!• uches
sold b ck to the city for $50.00 up to one year of
r educ d by 20 per year up to five years. After
h ci y would not repurchase the 1 ather
is based on the coneS! iona •• forth in
eo iasioned officer is required to
r urn i to lllie by Nov abar 15, 1987.
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SURVEY FORM
CONCERNING .45 CAL. SEMIAUTOMATIC WEAPON
I have read the aeaorandua !rom Chief Holmes dated November 15,
1987, concerninq the conditions upon which a chanqe in duty
weapon authorization may occur.
Under the conditions set forth in that memorandum, I (AM)
(AM NOT) willinq to purchase a Colt Mark IV .45 ACP series 80
Combat Elite pistol and accessories !roa the city for $530.62, or
furnish ay own Colt Mark IV Combat Elite and accessories at my
own expense with the anticipation of usinq it as the only authorized duty weapon.
The $530.62 includes purchase of the !ollowinq:
h
1 111
One Colt Mark IV Series 80 Coabat Elite .45 ACP with
amb i dextrous safety with one stainless steel aaqazine. $454.U
Two add i tional stainless steel aaqazinea at $11.85 each. $23.70
One Safariland aa9azine double capacity pouch.
$13.8 0
One Dav i a aodel f4500 black basket weave holster. $3 9 .00
TOTAL : $530.62
r urn o 1111 no l a e r h n ov r 15,
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MEMO
TO: Mayor Eugene L. Ot is
FROM: Rick DeWitt, City Attorney
DATE: December 14, 1987
RE: Claim of Rhonda Troestler
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In reference to the above matter the daughter of Rhonda
Troestler, Anna Elliott was injured while on a supervised outing
of the Englewood Parks Department in th Su.mer of 1987. During
the outing she was accidentally struck in the ye by a boy who
was not connected with the supervis d group. The na.e of th boy
was not ob ained and Ms. Elliott did receiv injuries that s ca
to aeount approxiaately $500.00.
I hav r vi w d this in light of CIRSA (Insurance Pool)
critique. They hav denied this clai•. W ar atte.pting a
second revi w in a aore careful light.
stat
bind
session
cc:
iaau of liability is certainly
re in fac liable for I do no
City wi hout council approval.
to d al with the subject and •
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