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CI TY COU NCIL REGULAR MEETING 2/3/86 _
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REGULAR MEETING:
COUNCIL CHAMBERS
City of Englewood, Colorado
February 3, 1986
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
regular session on February 3, 1986, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The pledge of allegiance was presented by Cub Scout Troop No. 92 . The
invocation was given by Council Member Higday.
Mayor Otis asked for roll call. Upon a call of the roll, the following were present:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila, Bradshaw, Otis .
The Mayor declared a quorum present.
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Also present were:
City Manager Mccown
Assistant City Manager Vargas
City Attorney Olsen
Director of Utilities Fonda
Assistant Director of Planning Romans
Deputy City Clerk Crow
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COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER BILO , FOR APPROVAL
OF THE MINUTES OF SPECIAL MEETING OF JANUARY 13 , 1986 . Upon a call of the
roll , the vote resulted as follows:
Ayes: Council Members Van Dyke , Vobejda , Kozacek , Bi lo ,
Bradshaw, Otis .
Nays : None.
Abstain : Council Member Higday.
The Mayor declared the motion carried .
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City Council Meeting -February 3, 1986 Page 2
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COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , FOR
APPROVAL OF THE MINUTES OF SPECIAL MEETING OF JANUARY 14, 1986. Upon a call
of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Kozacek , Bila , Bradshaw , Otis.
Nays: None .
Abstain: Council Member Vobejda .
The Mayor declared the motion carried.
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, FOR
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 20, 1986, WITH THE
FOLLOWING AMENDMENT ON PAGE 6, LINE 3, WITH REFERENCE TO COUNCIL BILL NO . 6:
"BRADSHAWA BILL FOR" is hereby amended to read: "BRADSHAW"
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek , Bila, Bradshaw, Otis.
Nays: None .
The Mayor declared the motion carried.
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO BRING
FORWARD AGENDA ITEM ll(c), A MATTER DEALING WITH SOUTH ENGLEWOOD SANITATION
DISTRICT. Upon a call of the roll, the vote resulted as follows :
Ayes : Council Members Higday , Van Dyke , Vobejda, Kozacek , Bila , Bradshaw , Otis.
Nays: None .
The Mayor declared the motion carried.
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Mr . Stu Fonda, Director of Ut i lities, presented background information
concerning the proposed bill for an ordinance authorizing and containing a
Mem orandum of Agreement with the South Englewood Sanitation District giving
the City of Englewood control of the sewers within the area of the
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City Council Meeting -February 3, 1986 Page 3
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fairgrounds. Mr. Fonda recommended that the Memorandum of Agreement and
Addendum as provided Council at the study session be approved by motion.
BY AUTHORITY
ORDINANCE NO .
A BILL FOR
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL MEMBER
HIGDAY
AN ORDINANCE APPROVING THE MEMORANDUM OF AGREEMENT AND ADDENDUM BETWEEN THE
CITY OF ENGLEWOOD AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR SEWER
SERVICE IN THE ANNEXED FAIRGROUNDS PROPERTY.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA , FOR THE
PASSAGE OF COUNCIL BILL NO. 9 WITH THE SUBSTITUTE ADDENDUM . Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila ,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
Mr. Fonda introduced the members of the Board of the South Englewood Sanitation District.
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL
OF A PROCLAMATION DECLARING THE WEEK OF FEBRUARY 17 -21, 1986, AS ENGLEWOOD
PUBLIC SCHOOLS WEEK. Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Higday, Van Dyke , Vobejda, Bila, Kozacek,
Bradshaw, Otis .
Nays: None.
The Mayor declared the motion carried .
The Mayor read the proclamation in full and presented it to Ms. Dori s Cruze
and Ms. Karleen Gagon of the Englewood Educators Association. Ms. Cruze
expressed appreciation on the part of the Association and the staff of the School Di strict.
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Mayor Ot is excused himself from the meeting for a brief period . Mayor Pro Tern Bradshaw assumed the Chair .
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City Council Meeting -February 3, 1986 Page 4
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Mr. Robert Schroeder, Vice President of the Englewood School Board, addressed
Council concerning Item 14(b}(i) on the agenda -a bill for an ordinance
relating to membership on the Parks and Recreation Commission. He provided
Council with a copy of a letter which he read into the record concerning the
matter of future composition of the Commission. He addressed the matter of
the Commission no longer having representatives appointed by both the School
Board and the City Council; the status of the School/City Committee; the
rationale for the proposed changes as presented to the City Council; the
changes which have occurred in the financial situations of both organizations.
He encouraged City Council to retain the School Board's representation on the
Commission, stating however, that if communications were to be channeled
through the School/City Committee, that the School Board and the City Council
need to decide together how the organization will function and what it should accomplish.
Let the record show that Mayor Otis reentered the meeting at 7:42 p.m.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT ITEM
14(b}(i) BE BROUGHT FORWARD. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo , Otis.
Nays: None.
Abstain: Council Member Bradshaw .
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1986--
BY AUTHORITY
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL MEMBER HIGDAY
A BILL FOR
AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, SECTION 1, OF THE ENGLEWOOD
MUNICIPAL ORDINANCE 1985, REGARDING THE PARKS AND RECREATION COMMISSION MEMBERSHIP .
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR PASSAGE
OF COUNCIL BILL NO. 7, SERIES OF 1986. After discussion by Council Members
and upon a call of the roll, the vote resulted as follows:
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City Council Meeting -February 3, 1986 Page 5
Ayes: Council Members Higday, Van Dyke , Vobejda, Kozacek, Bilo , Otis.
Nays: None .
Abstain: Council Member Bradshaw .
The Mayor declared the motion carried.
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Ms . Lois Lighthall, 4460 South Fox Street, addressed Council concerning
landscaping requirements for used car lots as it relates to those car lots
which were in existence prior to the adoption of the landscaping ordinance .
She urged Council to consider an ordinance establishing a deadline for all car
lots to be brought into compliance with the ordinance currently in effect.
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Mr. Charles Florian, 3998 South Pennsylvania, addressed Council relative to
the Arapahoe County Fairgrounds property. He urged Council to consider the
wishes of Arapahoe County citizens when making its decision concerning this
property, i.e., water taps, sewer taps, etc. He announced an upcoming meeting
scheduled for February 10 wherein it is hoped to develop a citizens response
and raise money to preserve the fairgrounds property .
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COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER BILD, FOR APPROVAL
OF PROCLAMATION DESIGNATING FEBRUARY 2, 1986, TO BE OBSERVED AS FOUR
CHAPLAINS ' SUNDAY. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nay s:
Council Members Higday, Van Dyke , Vobejda, Bilo, Kozacek, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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Consent agenda items were:
(a)
(b)
Minutes of the Board of Career Service Commissioners
meeting of August 20, 27, September 16 , November 12, 21,
26 and December 17, 1986.
Minutes of the Liquor Licensing Authority meetings of
September 18, October 2, November 6, November 20, and
December 11, 1985
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City Council Meeting -February 3, 1986
Page 6
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(c) Minutes of the Parks and Recreation Commission meeting of
November 14, 1985.
(d) Minutes of the Downtown Development Authority meeting of
December 11, 1985.
(e) Minutes of the Planning and Zoning Commission meeting of
December 17, 1985.
(f) Minutes of the Public Library Advisory Board meeting of
January 16, 1986.
(g) Ordinance on final reading approving a contract between
the City and the Colorado Department of Highways for
sidewalk improvements at South Broadway and Belleview
Avenue at a cost of $20,000 to the City.
(h) Ordinance on final reading to approve the 1986 contract
for the classification, cataloging and processing of
library materials between the Englewood Public Library and
SEMBCS (Southeast Metro Board of Cooperative Services)
materials at a cost of $18,000 to the City.
(i) Recommendation from the Water and Sewer Board to approve
Valley Sanitation District's Supplement No. 17 to annex
property located at 4700-4800 South Decatur to the
District.
(j) Recommendation from the Water and Sewer Board to approve
Southgate Sanitation District's Supplement No. 107 to
annex approximately 2.386 acres located at approximately
South Colorado Boulevard and East Orchard Road to the
District.
(k) Recommendation from the Water and Sewer Board to approve
Southgate Sanitation District's Supplement No. 108 to
annex approximately 2.386 acres located at approximately
South Colorado Boulevard and East Orcha r d Road to the
District .
COUNCIL MEMBER KOZACEK MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA , TO ACCEPT
CONSENT AGENDA ITEMS 9 (a) THROUGH (k). Upon a call of the roll , t he vote resulted as follows:
Ayes:
Nays :
Council Members Higday, Van Dyke, Vobejda , Kozacek, Silo,
Bradshaw, Otis .
None.
The Mayor declared the motion carried .
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City Council Meeting -February 3, 1986
Page 7
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Consent agenda item 9(g) was hereby numbered Ordinance
Consent agenda item 9(h) was hereby numbered Or dinance
Consent agenda item 9(i), numbered Council
sponsored by Council Member Kozacek. Bi 11 No . 13,
Consent agenda item 9(j), numbered Council
sponsored by Council Member Kozacek. Bill No . 12'
Consent agenda item 9(k), numbered Council
sponsored by Council Member Kozacek . Bi 11 No. 11'
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There was no public hearing scheduled before Council.
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No. 6, Series of 1986 .
No. 5 , Series of 1986.
Series of 1986, was
Series of 1986, was
Series of 1986, was
Dorothy Romans, Assistant Director of Community Development, presented
background information concerning the recommendation of the Planning and
Zoning Commission that City Council approve the vacation of the west leg of
the alley in Block 4, Higgins South Broadway Heights (Clarkson/Emerson alley
in the 3500 block south). It was also recommended by the Commission that this
vacation be approved without a condition being imposed upon it as had been the
situation in past instances. Members of Council discussed the matter of
establishing charges for vacations; however, it was decided in this instance
not to consider such an avenue . It was suggested that Planning and Zoning
Commission should look into the matter of charging for vacations. City
Manager Mccown commented on a legal opinion given by a former City Attorney
concerning this matter and suggested it be checked out by City Attorney Olsen .
A meeting of City Council and the Planning and Zoning Commission was suggested.
ORDINANCE NO .
SERIES OF 1986--
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR
AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN BLOCK 4 , HIGGINS
SOUTH BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO.
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City Council Meeting -February 3, 1986 Page 8
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE
PASSAGE OF COUNCIL BILL NO. 10, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Higday , Van Dyke, Vobejda, Kozacek , Bilo,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * *
City Manager Mccown introduced the proposed bill for an ordinance approving
the position of City Clerk within the Department of Finance. This position
was established as part of the reorganization plan of the Finance Department
as approved by City Council at its budget retreat. He also explained that
some changes had been made in the council bill which was sent to Council in
their packet (Council Bill No. 8) and recommended passage of Council Bill No. 8.1.
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER HIGDAY TO TABLE
COUNCIL BILL NO. 8. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared Council Bill No. 8 tabled.
ORDINANCE NO.
SERIES OF 1986--
BY AUTHORITY
COUNCIL BILL NO. 8.1
INTRODUCED BY COUNCIL MEMBER VOBEJDA
A BILL FOR
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 2; TITLE l, CHAPTER 6D,
SECTION 2; TITLE 5, CHAPTER 3A, SECTION 3; AND TITLE 11, CHAPTER 1, SECTION l,
OF THE ENGLEWOOD MUNICIPAL CODE 1985 TO ASSIGN CERTAIN DUTIES TO THE CITY CLERK .
COUNCIL MEMBER VOBEJDA MOVED , SECONDED BY COUNCIL MEMBER BRADSHAW , FOR PASSAGE
OF COUNCIL BILL 8.1 , SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: I •
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City Council Meeting -February 3, 1986
Page 9
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Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Silo ,
Bradshaw, Otis.
Nays: None .
The Mayor declared the motion carried .
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Actions of Council concerning Board/Commission/Authority appointments were as follows:
MAYOR OTIS NOMINATED KEN BULL, 5001 SOUTH WASHINGTON STREET, TO SERVE ON THE
ELECTION COMMISSION, TERM TO EXPIRE FEBRUARY 1, 1990. NOMINATION SECONDED BY
COUNCIL MEMBER HIGDAY. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke , Vobejda , Kozacek, Bilo ,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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MAYOR OTIS NOMINATED HOWARD BROWN, 3183 SOUTH RACE STREET, TO SERVE ON THE
BOARD OF ADJUSTMENT ANO APPEALS, TERM TO EXPIRE FEBRUARY 1, 1990. NOMINATION
SECONDED BY COUNCIL MEMBER BRADSHAW . Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Bradshaw, Otis.
Nays : None.
The Mayor declared the motion carried .
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MAYOR OTIS NOMINATED LOIS STERLING, 4800 SOUTH FOX STREET , TO SERVE ON THE
LIBRARY BOARD, TERM TO EXPIRE FEBRUARY 1, 1990. NOMINATION SECONDED BY
COUNCIL MEMBER BRADSHAW. Upon a call of the roll, the vote resulted as follows :
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda , Kozacek , Bilo ,
Bradshaw, Otis .
None.
The Mayor declared the motion carried .
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City Council Meeting -February 3, 1986
Page 10
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MAYOR OTIS NOMINATED WALTER STOEL, 2991 SOUTH DOWNING, TO SERVE ON THE
PLANNING AND ZONING COMMISSION . NOMINATION SECONDED BY COUNCIL MEMBER VAN
DYKE. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, Vobejda , Otis .
Nays: Council Members Higday, Kozacek, Bilo, Bradshaw.
The Mayor declared the motion defeated.
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MAYOR OTIS NOMINATED THAD CARSON, 3990 SOUTH JASON, TO SERVE ON THE PLANNING
AND ZONING COMMISSION. NOMINATION SECONDED BY COUNCIL MEMBER KOZACEK. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Bradshaw, Otis.
Nays : None.
The Mayor declared the motion carried.
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MAYOR OTIS MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO EXTEND THE COURT
ADVISORY COMMITTEE WITH THE CURRENT ROSTER OF MEMBERS , THROUGH DECEMBER 31,
1986. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Vobejda, Kozacek, Otis.
Nays: Council Members Higday, Van Dyke, Bilo, Bradshaw.
The Mayor declared the motion defeated.
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COUNCIL MEMBER VAN DYKE REQUESTED APPROVAL BY THE MAYOR AND RATIFICATION BY
COUNCIL OF THE REAPPOINTMENTS OF JAMES TOTTON , 3875 SOUTH CHEROKEE STREET, AND
BETTY KEENA, 4801 SOUTH KALAMATH , TO THE URBAN RENEWAL AUTHORITY, BOTH TERMS
TO EXPIRE FEBRUARY 5, 1991. MOTION SECONDED BY COUNCIL MEMBER KOZACEK. Upon a
call of the roll, the vote resulted as follows :
Ayes:
Nays:
Council Members Higday , Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis .
None.
The Mayor declared the motion carried .
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City Council Meeting -February 3, 1986 Page 11
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COUNCIL MEMBER VAN DYKE NOMINATED MANA MAUNAKEA TO THE PLANNING AND ZONING
COMMISSION, TERM TO EXPIRE FEBRUARY l, 1990. NOMINATION SECONDED BY COUNCIL
MEMBER KOZACEK . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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COUNCIL MEMBER VAN DYKE REQUESTED THE APPROVAL OF THE MAYOR AND RATIFICATION
BY COUNCIL OF THE APPOINTMENT OF KRISTI DAUGHERTY AS AN ALTERNATE MEMBER OF
THE URBAN RENEWAL AUTHORITY. MOTION WAS SECONDED BY COUNCIL MEMBER KOZACEK.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo , Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING AT 8:44 P.M . THE MEETING WAS ADJOURNED WITHOUT A VOTE.
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Mayor Otis:
Lighthall:
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TRANSCRIPT OF LOIS LIGHTHALL'S COMMENTS
AT
FEBRUARY 3, 1986 CITY COUNCIL MEETING
The next item on the agenda is Ms. Lois Lighthall
who wishes to discuss something with Council.
Hello. I'm Lois Lighthall and I have lived in
Englewood for 35 years and I have a couple of
comments I would like to make with regard to the
landscaping ordinance as it applies to the used
car lots. I heartily endorse the effort of City
Council to improve the appearance of the
commercial areas by appropriate access, setbacks,
landscaping requirements, but what distresses me
is the failure of the ordinance to require that
car lots that were already in existence be brought
into compliance within a reasonable length of
time. I'm sure that we are all interested in
equity for all our citizens and businessmen and we
have no desire to work a financial hardship on any
of them. But in effect we have created two
classes of car dealers -before and after. And I
submit that it is not equitable to ask a man who
started his business after and complied with much
more stringent requirements to sit across the
street from one who started before, albeit in some
cases two weeks before and who is not required to
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meet the same requirements. To site a prime
example one has but to look at the Old Jim Dandy
Chicken Parlor where a before dealer has 40 cars
on a very small lot with the bumpers hanging over
the landscaping which is a 16" strip of grass so
that one couldn't even mow it if it was mowing
season. I would suggest that were a lawsuit to be
filed over the ordinance by either group of
dealers, the City would be in a much stronger
position if we could show a court that all dealers
would ultimately be governed by the same
requirements. In other words, as it is now some
are more equal than others. so I urge you to
consider an ordinance that establishes a deadline
by which all car lots will be in compliance with
the ordinance that is currently on the books.
Thank you.
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~~~ULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
FEBRUARY 3, 1986
7:30 P.M .
Call to order. c 3.
Invocation. % fd-a._0 Pledge_::~~
4 . Roll call.
5. Mi nutes.
Bi3/,8,Jo ~ ~,R._ (a) Minutes Of the special meeting of January 13, 1986. <¢.-I "4-jd7 ClfffO.u (b ) Minutes Of the special meet i ng Of January 14 I 1986 . .5vo/K 6 -1~ ?tf_"--'-' Minutes Of the regular meet i ng Of 1986. (]lljsvD ..v~< -0 ~ (c) January 20, a rrr. -n dJ,t t(,,
6. 7 -o~
Pre-Schedul e d Vi s itors. (Pl ease limi t your presentat i on
~..{_
to 10 minutes.)
(a)
(b)
(c)
Ms. Do ris Cru ze , Pres ide n t a nd Ms. Karleen Gagnon ,
Public Relations, of the Englewood Educators Associa-
tion, will be present to accept a proclamation declaring
the week of February 17-21, 1986 as Englewood Public Schools Week.
·~ R~Jt{ Wi ~~~P'r:'esident of the Englewood Board,
wi ll be present to discuss the bill relating to the mem-
bership of the Parks and Recreation Commission.
Ms. Lois Lighthall, 4460 South Fox Street, will be
present to discuss with City Council concerning the
landscape requirements for used car lots.
7 . Non-Schedul e d Visitors. (Please limit your presentat t o n to 5
minutes .) e/ta,,d!e.,u '=lbu·~~ t.Z&K~~r dl:c..Ltr 4UA~do ~?7
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• February 3, 19 86
Pa g e 2
9 .
Com un i cations and Proclamations.
(a ) Procl a ma t i on declaring February 2, 1 986 t o b e obse rved
as F o u r Chaplains• Sunday.
Con sent Agenda.
(a) Minutes of the Board of Career Service Commissioners
meetings of August 20, 27, September 16, November 12,
21, 26 and December 17, 1986
(b) Minutes of the Liquor License Authority meetings of Sep-
tember 18, October 2, November 6, November 20, and De-
cember 11, 1985.
(c) Minutes of the Parks and Recreation Commission meeting
of November 14, 1985.
(d) Minutes of the Downtown Development Authority meeting of
December 11, 1985.
(e) Minutes of the Planning and Zoning Commission meeting of December 17, 1985.
( f)
(g)
(h)
( i)
(j)
(k)
Minutes of the Public Library Advisory Board meeting of
January 16, 1986.
Ordinanc~'6n~inal reading approving a contract between
the City and the Colorado Department of Highways for
sidewalk improvements at South Broadway and Belleview
Avenue at a cost of $20,000 to the City.
d . '11o 5 f. 1 i Or inance on 1na read ng to approve the 1986 contract
for the classification, cataloging and processing of
library materials between the Englewood Public Library
and SEMBCS (Southeast Metro Board of Cooperative Ser-
vices) materials at a cost of $18,000 to the City. c.e 13 ';l!::::-~JJ, )
Recommendation from the Water ana'-S'ewer Board to approve
Val l ey S an i tati on District's Supplement #17 to annex
property located at 4700-4800 South Decatur to the
Di stri ct.
("_A I .,q !.-//~ c..e.-k.../ Recommendation-~rom the -wa~~ and sewer Board to approve
Southgate Sanitation District's Supplement #107 to annex
approx i mately 2.386 acres located at approximately South
Colorado Blvd. and East Orchard Road to the District.
Recommendation Clfo~ 1
the ~~wer Board to approve
Southgate Sanitation District's Supplement #108 to annex
approximately 2.386 acres located at approximately South
Colorado Blvd and East Orchard Road to the District .
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Page 3
10. Public Hearing.
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11. Ordinances, Resolutions :~~~~on ~
1 ~0 (a) Recoll\lllendation from'""""the Department of Coll\lllunity Develop-
ment concerning the vacation of the west leg of the al-
ley between South Clarkson Street and South Emerson
Streets, 3500 block. .
('I~ # .R. I j/' o-/.L1.l.d t0
(b) Recommendation from-~e Finance Dep-alt~ent establishing
a City Clerk Division in the Finance Department.
(c) Recoll\lllendation fr~~ 'lepa~~~ilities to ap-
prove a Memorandum of Agreement and Addendum to the
Memorandum of Agreem.ent from South Englewood Sanitation
District No. 1 which will allow sewer service to be pro-
vided to the former Arapahoe County Fairgrounds.
12. City Manager's Report.
13. City Attorney's Report.
14. General Discussion.
(a) Mayor's Choice.
(i) Recoll\lllendation to appoint various citizens to
vacancies on Board and Commissions,_
/~ai}j,µJ' (i) Bill for~ 6:-dinance ~~the Parks and
(b) Council Member's Choice.~. ~
(p~ l()luUIP'' Recreation Commission Membership.
15. Adjournment.
11 r ·) J !c , ,' I I l l !At '1 IJ/c ~-vi
ANrd MC COWN
City Manager
AM/sb
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NAME ADDRESS
·"'h11fl-1..s ~\or;Qv\ 5q q 'l '5 -p (VIV\
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Before The
CITY COUNCIL
on
TELEPHONE
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OBSERVER
I WISH TO ADDRESS THE CITY COUNCIL
IN FAVOR IN OPPOSITION NO POSITION
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SPECIAL MEETING:
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COUNCIL CHAMBERS
City of Englewood, Colorado
January 13, 1986
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
special session on January 13 , 1986, at 7:30 p.m.
Mayor Otis , pre sidin g, called the meeting to order.
The invocation was given by Mayor Otis, who also led the pledge of allegiance .
Mayor Otis asked for roll call. Upon a call of the roll, the following were pre sent:
Council Members Van Dyke, Kozacek, Bila, Bradshaw, Otis
Absent: Council Members Higday, Vobejda .
The Mayor declared a quorum present.
* * * * * * * *
COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, TO OPEN THE
PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, Kozacek, Bila, Bradshaw, Otis
Nays : None
Absent: Council Members Higday , Vobejda.
The Mayor declared the motion carried, stating that the purpose of the public
hearing was to consider information from the Planning and Zoning Commission
concerning the planned unit development at 300 West Belleview .
Ass istant Director of Commu nity Development Romans, be ing duly sworn,
presented to the Clerk copies of the notice of public hearing which wa s
published in the official newspaper on December 25, 1985, and the
Certification of Postin g of the property located at 300 West Belleview. Mr s .
Romans stated that the applicant is Sanford Com panies, Sanford Metzel,
President . The app l ica tion was fil ed with the City on October 21, 1985 . The
assemblage is 10.8 acres, 9.74 of whi ch is in Englewood and 1.09 is in
Littleton zoned R-3 resi dential surrounded by B-2 business to the east, R-3
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Special Meet ing -J anu ary 13 , 1986
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hi gh density to the south, R-1-A single family residential zoning to the west
an d R-2 med i um density and R-1 -A single family zoning to the north .
The develop ment und er consideration will contain 312 dwelling units ,
con s tructed in nine buildings, three and two stories in height with a mixture
of one and two bedrooms. The proposed project is designed for 28.8 units per
acre; proposed height is two and three stories with the maximum height to peak
of roof being 45 feet. Open space to be provided is 40 percent; landscaping
will meet the requirement of 50 percent in living materials. Parking meets the requirements.
The developer has worked with various departments of the City; drainage has
been approved by Engineering, the access has been reviewed and approved by
Pub li c Work s , and the traffic en g ineers have been consulted . The Fire
De pa r t me nt has approved t he plan s for the fire service , Utility Department has
approved the utility installations.
The Planning and Zoning Commission held a public hearing on this matter on
November 19, 1985, with 18 persons present. The primary issues expressed were
traffic and the effects of this development on Belleview. Also raised as an
is s ue was the fire access . Also discussed were the heights and design of the
proposed building s . The Planning Commission voted to approve the development
and referr ed it to the City Council with two conditions:
1. A two -year traffic study be made following the final certificate
of occ upancy being i ssued. If the Eng l ewood traffic engineer
det e rmines at that point in time that a traffic signal is necessary,
then the traffic signal would be installed at the developer's expen s e .
2. That a fire c r ash gate be add ed t o the plan to be located on the
southea s t corner of the site.
The develo per ha s agreed to t he se cond itions.
* * * * * * * *
Doug Wagner, 10530 East Bethany Drive, architect for t he project, came
forward. He presented o Council a series of slides depicting the pr oj ect as f ollows:
1. North Belleview, e a st of K Mart
2 . West Belleview to t he e a s t
3 . Bou ndary on the ea s t with K Mart
4. Sout h Sl ope su bd ivis ion
5 . Drop of f ba c k of creek wi t h r eta i ning wall
6. Floo d pl ai n ar ea re serv ed f or re c reat i on fa c ilities for
residen t s.
7. Si t e dat a showing l and scap i ng pla ns
8. Elevation dra wing s s how i ng exte ri or of s tructu r e
9. Elevation drawings of the 44 un its
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Special Meeting -January 13, 19 86
Page 3
10. Drawing showing relationship between the single family homes on
Elati and the site structure
11. Artist rend ering of the 36 -u nit building showing proposed color
schemes.
Mr. Wagn e r gave Council a list of homeowner's concerns along wit h the
developer's responses. The list was marked Applicant Exhibit No. 1 and is a
part of the official record of this public hearing. It included:
1. Traff ic
2. Building mass
3. Auto fu mes
4. Quality of construction materials
5 . Quality of pro s pective renters
6 . Den sity.
Mr. Wagner concluded hi s presentation by stating they, the deve lo per and his
associates, feel the project would be an asset to the community and requested
Council to give it strong approval. He also responded to questions of Council
concerning widening of Belleview as it will affect landscaping to the north,
traffic noi se, acceleration/deaceleration lane. The letter dated
Novembe r 14, 1985, to Susan King from Orville Rose, Maintenance
Super intendent, signed by Richard Brasher , was discussed and entered into the
record of the pr oc eedings. Al so discussed were chimney hei ghts and a fence buffer.
Martin Goodri ch, Vice Pre si dent of FBS Mortgage Company ~t 1873 South
Bellaire, came forward and was duly sworn in . He spoke concerning the
financi ng of the proposed project stating they were under loan application
with Mr. Metzel to provide construction and permanent loan financing of the
property in the amount of $10,750,000. Concerning the valuation of the
property, he s tated they had obtained a preliminary appraisal from Leventhol
and Horwath valuing the property once completed at 95 percent occupied in the
amount of $13,615,000.
Sanford Metzel, 3773 Cherry Creek Drive, Denver, being du ly sworn, addressed
Council and requested the facts be reviewed objectively and ultimately
approved. He described in detail the propo sed plan and went over the
per inent data which led up to this request before City Council. He offered
various documen ts to be entered into the record as follows:
App l icant Exhibit A
Applicant Exhi bit B
Applicant Exhibit C
MAI letter appraisal reflecting a fair marke t val ue of
approximately $13,615,000.
Englewood Water and Sewer cost at cu rrent rates .
Certified copy of the City of Englewood Planning
Commission Hearing, Case No. 3485. It wa s noted by the
Ci ty Attorney that the only way this item can be
co nsidered by Council is for Council to have copies of
the document prior to voting on the matter . Mr. Met zel
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Special Meeting -January 13, 1986
Page 4
Applicant Exhibit D
Applicant Exhibit E
Applicant Exhibit F
Applicant Exhibit G
agreed to have sufficient copies delivered for this
purpose.
Planning Commission Findings of Fact and Recommendation
to City Council for approval , Case No. 3485. It was
noted this is already on record.
Certified copies of the City of Englewood general
session on December 16 , 1985, also on record.
Petitions of approximately 75 signatures of
Englewood residents endorsing the project. Littleton/
Slide of artist 's rendering of the project .
* * * * * * * *
James Finn, 5166 South Elati Drive, came forward. Mr. Finn introduced Finn
Exhibit A and spoke in opposition to the development, mentioning the zoning,
that this development lies within School District 6 and would not be a benefit
to Englewood on that basis, and the inappropriate timing of Mr. Wagner 's visit
to his home on December 23. He also mentioned the problem with exhaust and a
foot difference on the fence . He pointed out that the development would
equate to 32 units per acre of Englewood property, not 28. He stated that the
street on which his house is located i s an R-lA residential street and was
upset to find they will have a massive R-3 three -story structure r i ght next to
them . He also mentioned the topography of the land which would have the roof
of his house approximate ly at the level of the start of construction of the 45
foot unit. He pointed out that the current plans call for carports to run the
whole length from north to south which would border the backyards of the
residential homes and the resultant exhaust problems this would cause along
with all the fireplaces . He questioned whether there would be pedestrian
sidewalks and requested a noise abatement barrier along the property line from
north to south. He requested that the 25-foot buffer be landscaped with
gre enery, not rocks, etc. Snow and ice removal problems were mentioned. He
stated he wondered what was happening in Englewood -were the single family
r esi dents be ing forced out to make way for busine s s, high density, apartments?
* * * * * * * *
Er nie Barret t, 4940 South Fox , came fo r ward . He spoke i n oppo si tion bas i ng
his sta t em ents on the fact that his area is 1-A and he and the Council 's
pr edec e s sors have always stated that they wanted to preserve the area as 1-A.
Th e tr affic problems which would result on Belleview and in the area of
Sin clair Middle School and Clayton Elementary School were mentioned.
* * * * * * * *
Pat Sm eaton, 5150 South Elat i Drive , came forward and wished to elaborate on
s tatements made by Mr . Finn, stating her greatest concern was the massive
buil di ngs , particularly the ones that parallels Elati Drive and Belleview,
wh i ch wi ll re s ult in ice and snow build up. The density wa s another concern
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Special Meeting -January 13 , 1986
Page 5
especially with only one access onto an extremely busy street and close to a
busy intersection causing even more problems . She wondered how and why this
pro perty was ever zoned R-3 to begin with as it cannot handle R-3 zoning with
the traffic congestion which exists. Water pressure was another concern . She
felt t he development was designed for excess profit, rather than to
accommodate the site, the area , or the residents of the area. She entered as
Smeaton Exhibit l a picture her husband took of the sign which was posted to
designate the public hearing on this date, stating that it was posted in the
same spot the Planning Commission posted the sign concerning the hearing
before them and questioned that anyone would have realized it was a different
sign. She also stated that the sign was barely visible from Belleview and
that the only way to read the sign from Belleview would have been to stop the
car. She made some comparisons between this project and other developments,
stating that in her opinion Mr. Metzel's project was definitely not an upgrade
from tho se she had inspected, again mentioning density, heights of buildings,
zon ing, lack of buffer, construction material s, open space and stair-stepping of unit.
* * * * * * * *
Betsy Deyle, 5421 South Clinton Court, came forward. She requested to read a
letter into the records from Ruth Kelly of 5145 South Elati Drive. City
Attorney Olsen stated that since Ms. Kelly was not a sworn witness, the
con tent s of the letter would have little weight. Basically, her letter stated
her objection to the development based on the nu mber of units, number of cars,
heights of the buildings, the distance between the project and the residences,
open space, etc. Council Member Kozacek questioned Ms. De yle as to why she
brought in the letter and Ms. Deyle clarified that Ms. Kelly was in Australia .
* * * * * * * *
Randall Deyle, 5136 South Elati, came forward and submitted to Counci l eleven
pictu re s of the residential homes .
* * * * * * * *
Russell Scott, 4985 South Delaware, came forward . His comments concerned the
quality of residents who would reside in the project, the traffic, lack of
police patrolling the streets, and the problems the elderly face in our
current cul ure. Upon being questioned by Councilman Kozacek, Mr. Rus se ll
sta ed a street light on Delaware/Belleview would be better than it is now .
* * * * * * * *
Louis T. Cangilla, 5000 South Delaware, came forward stati ng he ba si cally
agreed with all prior comments made by the residents of the area , pointing out
that the land being utilized for open sp ace is all Littleton land which if
conside red in th at light would change the density figures. He agreed with Mr.
Scot t concerning th e quality of renters, the traffic, etc. He further
requested that Council do something for the R-J 's and less for the developers
in this town. He was also concerned about the traffic this project would
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Sp ecial Meeting -January 13, 1986
Page 6
drive down Delaware and past the Sinclair Middle School and Clayton School .
The problem with snow and ice was brought up.
* * * * * * * *
Michael Forth, 5156 South Elati Drive, came forward. He commented on the
question raised earlier concerning quality of building materials, stating that
the materials proposed by the developer, specifically hardboard lap siding,
was the cheapest type of siding. He further commented on the quality of
various aspects of the construction materials proposed.
* * * * * * * *
Eva Eisenberg, 4955 South Galapago, came forward. Her concern was with the
water pressure. She wa s assured that this development should not cause problems in this regard .
* * * * * * * *
Pat Smeaton, still under oath, came forward to mention the problem of lack of
parking space for the development. She also referred to the fact that her
area not only would be surrounded by apartments, but that Englewood had
allowed the developer to take residential streets and utilize them as access to his Littleton development .
* * * * * * * *
A ten minute recess was taken; the meeting was reconvened at 9:59 p.m.
Mayor Otis asked for roll call. Upon a call of the roll, the following were present:
Council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis.
Absent: Council Members Higday, Vobejda .
The Ma yo r dec l are d a quorum pre sent .
* * * • * * * *
fi r. Wa gner, Architec t f or de veloper, o ffer ed re buttal s tateme nt s con cerning
th e dens ity, heigh t of fen ce, tr es to act as buffe r, etc. He agreed on
behalf o f the dev e loper to install a minimum eight foot fence along entire
we s t property line for the full length where the project abuts the single
family neighbors; also he agreed to in c reased planting in the area; and stated
t hey would try to minimize the problem with a 100 -foot setback. He rebutted
he comme nts about the constru c tion material quality and discus sed the open
s pa ce utilization . In connection with the ice and snow problems on Belleview,
he felt this problem exists in many other areas and that it would not be any
worse in this case. He responded to questions of Council concerning the
compa ri son of this proje ct with others, i.e., Telly, Writer 's, Auspree,
stating he f e lt the project und er con s ideration wa s comparable. He was asked
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Sp ecial Mee t i ng -J anuary 13, 1986
Pa ge 7
by t he Ci ty Attorn ey if Council would vote to approve the development, was he
aware that Council could require the developer to waive the right during the
fo l lowing weeks or years to go the the Planning and Zoning Commission or the
Bo ard of Adjustment and Appeals to seek a variance . Mr. Olsen also asked
concerning the developer agreeing to the project conforming with the art ist's
rendering and with the drawings submitted into the record, and with st atements
made by Mr. Wagner and Mr . Metzel regarding the amenities . Mr. Wagner
answered in the aff irmative to these conditions.
* * * * * * * *
Mr . Goodrich, still under oath, came forward and reiterated his statements
concerning the financing of the project, stating that the property is
considered an income -producing property, that reducing the density would
adversely affect the economics of the project .
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Mr . Metzel, still under oath, came forward stating that the project had met
the requirements of zoning and the various agencies /departments involved and
is consistent with the City of Englewood Comprehensive Master Plan. He
further stated that this project meets and exceeds the R-3 requirements. He
responded to questions from Council concerning South Slope Condominium
Development, he agreed to providing a sound barrier if found needed after a
two-year study; he further agreed to provide maintenance as to snow and ice
removal on Belleview (accel-decel lanes) if that maintenance was permitted by
the Colorado Highway Department. Mr. Olsen posed the same questions to Mr.
Me tzel that he had to Mr. Wagner. Mr. Metzel agreed to the same conditions.
Mr. Metzel further stated upon questioning, tha t there would be a total of 96
units wholly or partly in the third story; that no more than that number would be incorporated into the project.
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Mr. Cangilla, s till under oath, further add r essed Council inquiring if the
ent r ance to the proje c t could be changed s o not to al ig n with Delawa r e . Upon
ques ti onin g by Counc il co ncerni ng th e po ssibi l ity of c l osi ng De l awa r e on the
north side of Belleview so that traffi c could not enter De lawa r e , but only
turn right or le f t out of the deve l opment, he re sponded hat hat would solve
his concerns but tha t he d idn 't know how it would a ffect t he residents of
Elati since it would then send the traffic down Elati. He confi r med that i t
would address his concerns. Mayor Ot is qu est i oned how the Fi re and Police
Depar t men t s would res pond to t his; Co un cil Mem be r Br ads haw ment ion ed
ins t alli ng a sim i l ar barrie r t o the on e on Elati at Ci ndere l la Ci ty as a possible so l ut io n.
* * * * * * * *
At t he r eque s t of Coun c ilman Koza ce k, Mr . Metzel came f orward and agreed to a
cra s h gate on the southea s t corner i f that would meet with app r oval of both
the fire department and the South Slope Homeowner 's Assoc i ation .
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Special Meeting -January 13, 1986
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Barry Shields, 4960 South Fox, came forward and was sworn in. He inquired
what the ramifications or implications of a year down the road, what
designates that a traffic light be installed. City Attorney Olsen directed
that this question should be asked of the developer, not Council. Mr. Shields
further stated he felt traffic lights on any of the streets in question would be detrimental .
* * * * * * * *
Mr . Metzel, in rebuttal, stated that the State Highway Department does not
arbitrarily place lights, that lights must be justified through warrants, and
further stated that the City traffic engineer, though concerned, is not
convinced that a traffic light is warranted. A two-year study period has been
recommended to determine if this would be a hazardous condition. He has
agreed to go along with both authorities, but if the State nor the City is
convinced that one is necessary, he felt he had met the requirements of the
authorities. The spee d limit on Belleview was discussed.
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Mr. Cangilla spoke again concerning Council Member Bradshaw's proposal of a
triangle barrier, stating that he felt this would be a more acceptable exit
from the project than having a light installed.
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Mr. Barrett, under oath, came forward, stating it was unfair to "stack a project like this against us .... "
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Mr. Finn, under oath, stated a concern about the zoning which took place in
1964 and questioned if the zoning procedure had been legal, that the zoning should not be R-3 .
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Mr . Metzel declined the opportunity for rebuttal.
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COUN CIL MEMBER KOZACEK MOVED, SECONDED BY COUNCIL MEMBER BILO, TO CLOSE THE
PU BLIC HEARING. Upon a call of the roll, the vote resulted as follows:
Aye s: Council Member s Van Dyke, Kozacek, Bilo, Bradshaw, Otis
Nay s: None
Ab s ent: Council Members Higday, Vobejda.
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Special Meeting -January 13, 1986
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The public hearing was adjourned at 10:40 p.m .
~(&~~YI~
Deputy City Cierk
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SPECIAL MEETING:
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COUNCIL CHAMBERS
City of Enqlewood, Colorado
January 14, 1986
The City Council of the City of Enqlewood, Arapahoe County,
Colorado, met in special ••••ion on January 14, 1986, at 7:20 p.m.
Mayor Otis, presidinq, called the meetinq to order. The
invocation was qiven by Council Member Hiqday. The pledqe of
alleqiance was qiven.
Mayor Otis asked for roll call. Upon a call of the roll, the
followinq were present:
Council Members Hiqday, Van Dyke, Kozacek, Bilo,
Bradshaw, Otis.
Abeent: council Member Vobejda
The Mayor declared a quorum present.
Aleo preeent were:
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City Manaqer Mccown
A••i•tant City Manaqer Varqae
City Attorney Olaen
Deputy City Clerk Crow
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Mayor Otie •tated that the purpose of this special meetinq was to
consider on ••cond readinq an ordinance to annex a parcel of
property (.51 acres owned by Park Floral Company) to the City of
Englewood to be utilized by the proposed Buyer's Club.
ORDINANCE NO. 1
SERIES OF 1986
BY AUTHORITY
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ANNEXING .51 ACRES OF REAL PROPERTY, MORE OR LESS,
OWNED BY PARI< FLORAL COMPANY, TO THE CITY OF ENGLEWOOD, COLORADO
AND DECLARING AN EMERGENCY •
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Special Council Meeting
January 14, 1986
Page 2
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER
KOZACEK, FOR THE PASSAGE OF COUNCIL BILL NO. 4, ORDINANCE
NO. l ,SERIES OF 1986. Upon a call ot the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke,
Kozacek, Bilo, Bradshaw, Otis
None
council Member Vobejda.
The Mayor declared the motion carried.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEETING. The
meeting was adjourned without a vote at 7:29 p.m.
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COUNCIL CHAMBERS
City of Englewood, Colorado
January 20, 1986
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
regular sess ion on January 20,1986, at 7:30 p .m .
Mayor Otis, presiding, called the meeting to order.
The invocatio n was given by Council Member Higday . The pledge of allegiance
was presented by Cub Scout Troop No . 333.
Mayor Otis asked for roll call. Upon a call of the roll, the following were
present:
Council Members Higday, Van Dyke, Vobejda, Bilo, Kozacek, Bradshaw,
Otis.
The Mayor declared a quorum present.
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Also present were:
City Manager Mccown
Assistant City Manager Vargas
City Attorney Olsen
Assistant Director of Planning Romans
Deputy City Clerk Crow
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MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BI LD, FOR APPROVAL OF
THE MINUTES OF REGULAR MEETING OF JANUARY 6, 1986. Upon a call of the roll,
the vote resulted as follows:
Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek,
Bradsha w, Oti s.
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City Council Meeting -January 20, 1986
Page 2
The Mayor declared the motion carried.
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MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILD , FOR APPROVAL OF
THE MINUTES OF SPECIAL MEETING OF JANUARY 13, 19B6. Upon a call of the roll,
the vote resulted as follows:
Ayes: Council Member Van Dyke, Bilo , Kozacek , Bradshaw, Otis.
Abstain: Council Members Higday, Vobejda.
The Mayor declared the motion carried .
* * * * *
Ken Nyberg, representing the Englewood Jaycees, was present and requested City
Council to approve a proclamation proclaiming January 19 -25, 19B6, as
National Jaycees Week.
COUNCIL MEMBER HIGDAY MOVED , SECONDED BY COUNCIL MEMBER BRADSHAW FOR APPROVAL
OF THE PROCLAMATION. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo , Kozacek ,
Bradshaw, Otis .
The Mayor declared the motion carried .
The Mayor presented the proclamation to Mr . Nyberg, congratulating the
organization on their 50 years of sponsoring the annual fire works display in
Englewood. Mr. Nyberg expressed appreciation for Council's support in this
matter.
* * * * *
COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER VAN DYKE FOR
APPROVAL OF PROCLAMATION PROCLAIMING THE MONTH OF FEBRUARY AS AMERICAN HISTORY
MONTH . Upon a ca ll of the roll, the vote resulted as follows:
Ayes: Council Member Higday, Van Dyke, Vobejda, Bi lo, Kozacek ,
Bradshaw , Otis.
The Mayor declared the motion carried .
* * * * *
Consent agenda items were:
(a)
(b)
Minutes of the Urban Renewal Authority meeting of
December 4 and 23, 19B5.
Ordinance approving a deed for a ten-foot strip of land at
the Bi-City WWTP to Lillard and Clark .
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City Council Meeting -January 20, 1986
Page 3
(c) Ordinanc e amending the Englewood Municipal Code regarding
adult entertainment establishments in order to more
effectively regulate them.
(d) Ordinance amending the Englewood Municipal Code to clarify
and further define "illegal weapon."
COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO ACCEPT
CONSENT AGENDA ITEMS 9 (a) THROUGH (d). Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Member Higday , Van Dyke, Vobejda, Bi lo, Kozacek,
Bradshaw, Otis .
The Mayor declared the motion carried.
* * * * *
Consent agenda item 9(b) was hereby numbered Ordinance No. 2' Series of 1986.
Consent agenda item 9(c) was hereby numbered Ordinance No. 3, Series of 1986 .
Consent agenda item 9(c) was hereby numbered Ordinance No. 4, Series of 1986.
* * * * *
Item ll(a) -a Resolution to approve the 300
Development was brought before Council.
west Belleview Avenue Planned
Dorothy A. Romans, Assistant Director for Planning, under oath, presented a
summary of the history of the zoning of the property at 300 West Belleview
Avenue. The report also included information on the annexation of the area.
She provided a copy of the memorandum to Sanford Metzel, President of Sanford
Companies, and the Clerk. This report is made a part of the official record
of this meeting.
Council Member Gary Kozacek was sworn in in order to present substantive
evidence on the matter, stating he had met with the Highway Department and
that by his calculations the proposed buildings would be only six feet from
the accel/decel lanes.
The item under discussion was tabled by motion of Council Member Bradshaw,
seconded by Council Member Higday with unanimous approval of Council members .
* * * * *
Council moved on to other business on the agenda.
City Manager Mccown presented background information and the resolution of
intent to form Paving District No . 31 . He recommended passage of the
resolution which also sets the public hearing for February 24, 1986, at 7:30
p.m. in Council Chambers. The proposed streets and estimated costs were
provided Council .
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City Council Meeting -January 20, 1986
Pag e 4
RE SOLUT ION NO. 6
SERIES OF 1986
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A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD,
COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE
DESIGNATED AS PAVI NG DISTRICT NO . 31 , ADOPTING DETAILS AND SPECIFICATIONS FOR
THE PROPOS ED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF
HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA , FOR THE
PASSAGE OF RESOLUTION NO. 6, SERIES OF 1986, AND SETTING THE DATE OF FEBRUARY
24, 1986 AT 7:30 P.M. FOR THE PUBLIC HEARING ON THE INTENT TO FORM PAVING
DISTRICT NO. 31 . Upon a call of the roll , the vote resulted as follows:
Aye s : Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Bradshaw , Otis.
Nays: None .
The Mayor declared the motion carried.
* * * * *
The matter of 300 West Belleview Plann ed Development was removed from the
table by motion of Council Member Bradshaw , seconded by Council Member Bilo
and unanimous approval of City Council.
Mr. Wagner, architect for Sanford Metzel, rebutted by s ay ing the project plans
had been formally submitted to and approved by the Colorado Highway Department
and by his calculations the accel/dec el lane would be much further (12 feet).
Mr . Wagner further stated they did not wish to rebut any of the information
presented to Council in Ms . Romans ' report which had been entered into the record earlier.
RESOLUTION NO. 7
SERIES OF 1986
A RESOLUT ION ADOPTING THE FINDINGS, CONCLUSION AND DECISION OF THE CITY
COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO, REGARDING THE PLANNED DEVELOPMENT
BY SANFORD COMPANIES AT 300 WEST BELLEVIEW AVENUE.
MAYOR OTIS MOVED, SECONDED BY COU NCILMEMBER VOBEJDA, FOR PASSAGE OF RESOLUTION
NO. 7. AMENDMENTS TO THE RESOLUTION WERE OFFERED BY COUNCIL MEMBER KOZACEK AS FOLLOWS:
AMENDMENT NO . 1 -PARAGRAPH NO . 1, ADDING A NEW SUB-PARAGRAPH D.
REQUIRING AT THE EXIT OF THE PROJECT A RIGHT /LEFT TURN ONLY.
MOTION FOR AMENDMENT NO . 1 WAS SECONDED BY COUNCIL MEM BER VAN DYKE . Upon a
call of th e roll the vote resulted as follows :
Aye s : Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek,
Brad s haw .
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City Council Meeting -January 20 , 1986
Pag e 5
Nays: Mayor Otis.
The Mayor declared the motion carried.
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AMENDMENT NO. 2, AMENDING PARAGRAPH I .A TO ELIMINATE THE REQUIREMENT
OF THE TWO-YEAR TRAFFIC STUDY, ORDERING THAT THE LIGHT BE INSTALLED
IMMEDIATELY.
MOTION FOR AMENDMENT NO. 2 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. After
discussion and upon a call of roll, the vote resulted as follows:
Ayes: Council Member Kozacek .
Nays: Council Member Higday, Van Dyke, Vobejda, Bilo , Bradshaw,
Otis.
The Mayor declared the motion defeated.
AMENDMENT NO. 3 -PARAGRAPH 1, ADDING SUB-SECTION D, REQUIRING AN
EIGHT-FOOT SOLID SOUND BARRIER FENCE WHERE THERE WOULD BE NO BREAKS
FOR THE SIDEWALKS GOING UP TO THE DOORWAYS, THE ONLY BREAK OCCURRING
WOULD BE THE DRIVEWAY BECAUSE OTHERWISE IT WOULD NOT BE EFFECTIVE .
MOTION FOR AMENDMENT NO. 3 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. After
discussion and upon a call of roll, the vote resulted as follows :
Ayes: Council Member Kozacek.
Nays: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw ,
Otis.
The Mayor declared the motion defeated . He also pointed out that the
remaining three items had already been agreed to by the develqper and would
therefore not require formal amendments .
MAYOR OTIS CALLED FOR THE VOTE ON THE ORIGINAL MOTION AS AMENDED. After
comments to the audience by Council Members and upon a call of the roll, the
vote resulted as follows:
Ayes : Council Members Van Dyke, Vobejda, Bilo, Otis.
Nays: Council Members Higday , Kozacek, Bradshaw.
The Mayor declared the motion carried.
* * * * *
City Manager Mccown presented information concerning t he agreement between the
City of Englewood and the State Department of Highways relative to
installation of a sidewalk along the north side of Belleview east of Broadway .
He recommended passage of a bill for an ordinance authorizing execution of the
contract, stating the cost to the City is estimated at $20,000 which has been
budgeted .
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City Council Meeting -January 20, 1986
Page 6
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BY AUTHOR ITV
ORDINANCE NO . COUNCIL BILL NO. 6
SERIES OF 1986--INTRODUCED BY COUNCIL MEMBER Mvo /.;
BRADSHAWA-Bttl=rofl (/fN' ~ ~ p j 1
AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR IMPROVEMENTS AT THE
INTERSECTION OF SOUTH BROADWAY AND BELLEVIEW AVENUE.
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILD, FOR THE
PASSAGE OF COUNCIL BILL NO. 6, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday , Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * *
The agreement between the Englewood Public Library and Southeast Metropolitan
Board of Cooperative Services (SEMBCS) was presented by City Manager Mccown
who recommended approval of a bill for an ordinance authorizing the contract for 1986 .
ORDINANCE NO.
SERIES OF 1986--
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL MEMBER
VOBEJDA
AN ORDINANCE APPROVING THE 1986 CONTRACT BETWEEN THE ENGLEWOOD PUBLIC LIBRARY
AND SEMBCS (SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES) FOR
CATALOGING AND PROCESSING SERVICES FOR LIBRARY MATERIALS .
COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BILD, FOR PASSAGE OF
COUNCIL BILL NO. 5, SERIES OF 1986. Upon a call of the roll , the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried .
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City Attorney Olsen brought to Council's attention a matter involving the
Court and the need for proper notification of cases pending before the Court
as it relates to victims beino notified of hearinQs .
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City Council Meeting -January 20, 1986
Page 7
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COU NC I L MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER KOZACEK, TO DISBURSE
MONIES FROM THE AID TO OTHER AGENCIES BUDGET AS FOLLOWS:
INTER -FAITH TASK FORCE
ARAPAHOE HOUSE
COMMUNITY ARTS SYMPHONY
MEALS ON WHEELS
ENGLEWOOD JAYCEES
ARAPAHOE SUMMER FESTIVAL
TREE/PLAQUE HONORING JOHN NEAL
TOTAL
$13 ,000
4,000
1,500
3,500
3,500
500
333
$2 6 ,333.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis.
Nays: None .
The Mayor declared the motion carried .
* * * • *
COUNCIL MEMBER BRADSHAW ANNOUNCED THE FOLL OWING APPO INTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ADVISORY BOARDS:
Englewood Downtown Development Author i ty -Mayor Otis
Retirement Board -Council Member Vobejda
Water & Sewer Board -Mayor Otis, Co unc i l Members Higday and Vobejda
Fire/Pol i ce Pens i on Boards -Mayor Ot i s
Hous i ng Author i ty -Counc i l Member Kozacek (to a term of office
expiring July 1, 1989
Parks & Recreation Commission -Council Member Higday (to a term of
office expiring February 1, 1990
Schoo l/City Committee -Council Members Bilo and Vobejda
Denver Reg i onal Council of Governments -Council Member Bila as
delegate ; Council Member Bradshaw as alternate
Co un cil Member Bradshaw wi ll re main on the Parks and Recreation
Commission; Cou nci l Member Van Dyke will r emain on the Urban Renewal Authority .
* * * * *
Mayor Otis announced that City Council will make citi zen ap po intments to
advisory boards at t he next Cou nci l meeting.
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City Council Meeting -January 20, 1986 Page 8
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COUN CIL MEMBER KOZACEK MOVED TO ADJOURN THE MEETING . THE MEETING WAS ADJOURNED WITHOUT A VOTE AT 8:50 P.M .
-~~vu.~
Deputy City Clerk
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BY AUTHORITY
ORDINAN:E NO.
SERIES OF 198_6_
A BILL FOR
~IL BILL NO. 9
INTRO~ BY COUtCIL
MEMBER '< f c/q -'r
AN ORDINAN:E APPROVIN'.i THE MEMORANIXJM OF AGREEMmr AND ADDENIXl1
BE'IWEEN '!HE CITY OF ENGLEWOOD AND SOU'ni El'G.&X)()O SANITATION
DISTRICT NO. 1 FOR SEWER SERVICE IN '!HE ANNExm FAIRGROUNDS PROPERTY.
WHERF.AS, a purchaser is available for the annexed Fairgrounds
Property fran Arapahoe County Fairgrounds Association if sewer
service is guaranteed to than; and
WHERF.AS,South Englewood Sanitation District No. 1 owns an
18-inch sewer line, a 42-inch sewer line, and a 12-inch sewer line
which could transmit the sewerage fran the Fairgrounds property to
the Bi-City wastewater Treatinent Plant; and
WHERF.AS, Black & Veatch consulting engineers have field
investigated the proposed route and, with improvanents, maintain
these sewer lines can be connected tq provide a route for the
Fairgrounds sewerage to the treatinent plant; and
WHERF.AS, the City is requiring the developer of the
Fairgrounds Property to pay in advance $500 per equivalent
residential tap for approximately 1,700 taps proposed that would
generate about $850,000 with which to pay for the improvanents; and
WHERF.AS, the City reserves the right to withdraw fran the
Memorandll!l of Agreanent and llddendll!l if the approximately $850,000 is not received;
NGJ, THEREFORE, BE IT OR!l\INED BY THE CITY COOOCIL OF 'lllE
CITY OF ENGLEWOOD, COLORADO, AS FOLLCMS:
Section 1. '!hat the Memorandll!l of Agreanent and Addendll!l to
the Memorandll!l of Agreanent between the City of Englewood and South
Englewood Sanitation District No. l is hereby approved. Copies of
the Memorandll!l of Agreanent and Addendll!l to the Memorandll!l of
Agreement are attached her eto and incorporated herein by reference.
Section 2. '!hat the Mayor and City Clerk are hereby
authorized to sign and attest the Memorandll!l of Agreement and
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AddendllTI of Memorandun of .Agreement for and on behalf of City Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of February, 1986.
Published as a Bill for an Ordinance on the 5th day of February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, G:lry R. Higbee, ex officio City Clerk-Treasurer of the
City of Eh;Jlewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 3rd day of February, 1986.
Gary R. Higbee
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T~E CITY u~ r~SLE~o o ~. a cor po rate b o oy politic ana h o ce rule
c ity (the "tity"), and SO UTH EN GLEWOOD SA~ITATION DISTkJCT KO. 1,
a quasi municipa l corµoration and single µurpose statutory special
dist rict or ga nized ano existing to provide sanitary sewer service
to a oesi gn atea area ot Araµahoe County, Coloraoo (the "Dis-
trict"), herein agree this cay ot February, 1986, subject
to a noo re detailea and detinitivE:: agreement on the same, that:
1. Upon the basic terms and conditions hereinafter set
rorth ana µursuant to C.R.S. 32-1-501, et seq., the District will
consen t to and/or Jointly file a Petition tor Exclusion
("Petition") of all proIJerty it proviaes, or could i:;rov1ce,
sani tary sewer service to within the corporate boundaries of the
C ity ("City Limits"), and the City, ui;on exclusion, will i:-rovide ~ilhout interru ?tion and be responsible for sanitary sewer service t o a:i o f the said proµerty excluded.
2 . The City and the District, to the best of their abili-ti e s, st.a ll:
(a) Reduce t o writing their tetailed ant oef initive
L nce rstanoin 9 (final agreeme~t ) t mbodying all th e t erms anc
cc •r.citio n s c on tain .::a h e n:in no later than March 1, 19BE.;
(b ) Conte ;-.;.,o rane o us i.dU1 the t>:ecution of the final
a ;ra erren t, the Petiticn will ~e tiled to obtain the necessary
c ou rt aµ~roval ana recording of the same to tacilitate a
chan ge in the District's boundary on or before May 1, 1986; anu
(c) The etfective date of all actions to be
pursuant to the Petition shall be the earliest
thereatter, but in no event later than January 1, ("Exclusion Date").
taken
date
1!1!i7
3. All provisions ot this memorandum are conting ent upon
court .:pµroval ot the Petition. Upon such approval, the City
shc}.J. ;..ay t o the District the sum ot s100,oou.oo, whicti 1.·11 1 be
acl:r.o wle ogec as tull c o nsiaerc:tion tor the detriment to the
DiE:r ict occasioned D) the excluE ion of ctrtain ot its pro ~e rties
e:nc th.,. transfer an::: cssig nmen t ot t hose District real an c ~E r~~r.al ~ro~e rty int.::reEts to t ht-City in con )unction tnere~i t h .
lxc,,•t as o ll 1E:n.:i E.; ;::rovi ae d , tt··= District Ehall ha\·e n o !urth Er
cl a1;1 , "'=·air.s t t he City ana tn e Cit y Eha ll make n o cl air• u~.c~. t t.t-
c o nEi ce rfttio n 1 aid t o t he DiFtrict ~or assert any interest in a n~
t u r. ·, / c1 t h c: r s u rr s c t mo n C' y r t c £' i v E d 0 r t o b e r e c t-i v e a t , y t t , "'
L•1Et1 i c t on or atter th e dc.te o f thi E memoranaum o r wt."ct. tt1t-
l >J EtJ Jct may oth rwisE· a cq uir e o r l.i ecom~ er1title d to rec.iv .; •
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~. :\otv:it!H·tanain-.i i-at·r.,,ra~·h 3 at•ove , fr-:>m c.na c fter th e
.la te•-• this r .cmtTa n au.; untiJ tt.e Exclusior, D:te , the Distri ct
!>lo c.ll ~a:,· to tl«::-City s sou .oo of each S7uo.oo taµ equ ivalent "hich
it sells and c o lltcts on ~ro;ertic s to be excluded. The District
l"'iay e:-lt-ct, h c·.:1=ve r, to cere r re:-ceii:-t ot th e Sl o o,ouo.uu in
Paragr2pn 3 an d collect all tap t e es representing the sale ot tap
e o u i valbnt s within the ar ea s to ~e excluaed and credit the SSOO.uu
to be paid over to the City as part payment of the Sl00,000.00
con s ideration in Paragraph 3 above. The City expressly a~rees ano re~o resents that, for payment or credit of the SS00.00 to it, it
shal l ~e responsible tor ana pay all connector's or tap tees to
any other ciistricts or entities to which such a tee must be J,.aia.
5. From ano atter the date ot this mer.iorandum until the
Exclusion Date, shoula any pt-rson or entity assert or bring any
c1a im ot any type or nature against the District for any use or
alleged overuse ot the Big ury Creek Interceptor, the City will:
(a)
Aven ue
Disconnect
whe re the
Interceptor;
the District's 15" line at V:1:st
same joins the said Big Dry Quincy
Creek
(!:>) Reconne ct the same to the District's ll:S" line in S ou th Santa Fe Drive; and
(c) Re c onst ruct or construct nt-i.· porticns ct tt.e lB"
l: r.e "-'hi ch may be r.ecessary to e nsu re uninte-rruptec tra~s~ission o! any District etfluent discnar ge t o the City's
trea t ment ~le n t at Dartmouth and bouth ba n ta Fe Drive which
;.>rtse nt1 y l S collected b_y the Big Dry Cr eek lntercer.o tor at ~est Quincy Avenue.
6. Until the Exclusion Date, the City, at its option an c
sole cost and expense, may construct and/or utilize District
ta cilit ies necessary to serve new users within ·its City 11m1ts,
incluaing but not limited to that parcel ot ~roperty in the City
common ly known as the Arapahoe County Fair Grounds site, on the
east side (both north and south) ot the intersection of hest
belleview Avenue and South Windermere Street.
7. From and atter th e date of this memorand u m until the
Exclusion Date, neither the City nor tne District shall a;ree to a t &~ tee or cannectcr 's fee with any person or entity re~reEentin g
t he interestE ot the own~rs of the Big Dry Creek Interce~tor
un le-ss such tee is agreeable to bott, the Di!"trict and t he City . ~otn ~arties , howe-ver , intena to pay any future nonaiscri~in£torJ · t a~ te e s, when establishet , that are requir~d on n~~ ta;! tr1Lutary to th e said lnterceptor.
e . On the Lxclusion Datt , t he District shall:
(a) AEsign all c o nnectors cgr.,enents, connectior . ar10 /0 1·
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inttrce~ti o n rights and ~b liyati ons with any riis tr ict o r
11 .J n1c 1pc.lity ~:hich nc;y connec t in to the DisL1·ict's li n£·s at en-i:"J ,.1·o xi rn ity to tl 1e Cit y Limits; and
( b) Set over unto , assign, convey, and oth.:nd se
transfer to the City all right and authority to ~rovide
sa nitary sewer service to properties served or which the
District could serve within the City Limits and to all o~n e d
easements, structures, appurtenances, tacilities and
inter e sts of any type or nature ano all claims and rig h ts
o th e rwise which the District may have within the City Limits,
and outside the City Limits ir west of South Broaoway and north of West Layton Avenue .
9. In con j unction with accepting the assig nme nt of ri ght s,
J,.-ro µer ty interests and claims from the District pursuant to
subpa r a;r ap h 8(b) above, the City expressly agrees to a c ce p t and
as&um e all obligations ana lia b ilities of any t ype or nature
resulting from the District's prior arrangements, authority, use,
o;.ie r ation, intere sts or claims in any such items tran sferred t o th e City.
1 0 . tram and afte r t he date of t ~is memorandum , t he Dis tri ct
st.all be res pon sible for all its exis tin g obli9ati cn s an rj }ia~il ities of any type o r nature res ul tin y tram its prior o r E·~:istin;; ag r eeri-.en ts , o;.•;·1ership interests in c;nd t o al l r er.1 an j
l er::0 r1al pro1Je rty .::no its use, cn ci op e ration oi th e same , t o;c-t h!?r
1. i t t. cl"ly other clair..s o r r ights whi c h it o t her ~:ise may h a \•e in u.ofe crt.>s of the District not txcluoed .
11. The Cit y and District each shall inde mn ify and h ole
ha r mless the other from ana against any cost , los s , liability or
;udgmen t, from any claim or cause of action of any type or natu re
from any inaiviaua l or entity occasioned by the ·failure ot either
to assume ano timely satisfy those liabilities and obli ga tions
oeing assumed ana/or retained by either party, and any future
obliga tions or liabilities incurred within each party's res ;.iective Jurisaic tion pursuant to this memorandum.
12. On the Exclusion Date, the District ano t he City shall
cancel the Distric t's existing connectors agre•ment with t h• Cit),
a nJ the District ~hall execute and De bound by the City 's standc,ro co~nectcr 's agreement then in existenc~.
13 . Atter the E.>.clusion Dat e, the Dis tr ic t 1.·ill n et OJ-i).J Oseo
&C:Jl ti or.c:.l eo>.clusions of pro,_,erty "'e s t of South Hroad ... ·c.y cn J r1crtt ,
c,: ht 1' t Layton Avenue, ii re ques t~o by the aI-1 r -::.,_,rictt ~C\(:rn'T•tntc;l author::ty 1.·iU.in 1.·t.ich such rroperty is locate.::i S v j (,:I :t C:. ~ !
(a) !>a ni tary st-wt r s rvic t f or the san,, wi 11 cor.t l r1uc uninte rru1 •t a ;
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(bl ~h e City conE~nt s c-xclu si o n; c.nc i n ~: r i t i n g t o t ~ . .: s i1 to c i t i c
(c) AlJ c os ts and e x ;.en s e s
its r e ason c.b le attorney's f e es,
s e e k in g th e e xclusion.
ot the Distri c t,
are ,t.-a id by the inc :.u d i ng
authority
14. hiter the Exclusion Date , the City shall rr.ake n o claim
to any capacity held or assertea by the District in the Big Dry
Cr e ek lnterceptor thro u gh past contract s with any other ~erso n or
entity . All such capacity shall remain and inure to the sole use
an a b enefit ot the District. The same shall be true it a ais-
connect i on, per Clause 5, ot the Distric t 's 15" line in Kest
Qu incy Ave nue s h ould occur prior to the Exclusion Date.
15. hny c l a im s b rou g ht by the District or the City a g ai n st
o t h er s or clai m s or a em ands ot others prosecuted against the
Di s trict or the Cit:> and the District for the past or p r e sent u se
o f the Big Dry Cre e k Interce p tor, includi n g any clai ms t o r i t s use
o r all eg ed overus e , the District and tt.e City agree to jointly µr ose c ~t e ano /or o efe n d . All costs and ex pe nse s of s uc h ~r o s ecut i o n o r a et e n se, the p roceedE of an y recovery o r th e ~aymEn t of a n y adjuo icat ed c laim s h all b e divi o ed in p r oportion to
ll1e nurrbe 1-of r esi dt'ntia l taµ equivalE·nts ea ch h a s as in
;.·r o t-ortion to t he t o t a l of such resia i:ntic;l tc µ equ iv alents whi ch
are col l ec ted bt th e E 1g Dry Creek Int to rc eµtor at th e time such c. cla1ffi is ajvanc e d o r de~e no Ea ,
l EO . fro m an o a f ter th e Exclusi o n Da t e , t he City agrees to
µr oviae t a · all o cations to the District for trect ~en t an d
tra n s missi on s o t se .. a g e in City owned facilities on th e sa ~e oa sis
as a ll oth e r districts which have entered into the stanoar d conn e ct o r's agr eemen t w i th the City.
1 7 . i''rom and after the Exclusion Date, the City st.al l
es t ab l i sh user tees, service f e es, tap fees ano other charges t o
custome r s o f the D i strict a n d customers o f the Cit}' prev i o usl y
1d thi n t t.e Di s trict b y allocat i ng costs ot s ervi ce a mon g cust omer
classes in a cc o rd a n c e with the cost ot pro vi o ing service to each
cu stomer class . Cus tome r cla s s e s in the Ci ty t h at we r e ,t.J r eviouslr
i n the Dist r ict shal l n ot be assi::sse o adoiticnal cos t s separat<;
and a pa rt from those o t her Ci ty u sers s i milarly situated -.·ithin
h e Ci ty limits . ~aid Ci ty c harges shall be n o n d i sc ri rr,inatory ,
reflec ting as n e ar a s t;os sib l e th e r e co very of t he c ost of
l •l"::;\'1 0 1 n \; t he serv i ce to ea ch custome r c las s .
l ~. The City and th e D is tri c t sh al l pa y th ei r o~n r espoc t i v t
c o sts , expe n ses, pers c.mnel time anci r.tt o rr1e y f t:os , e x ce;;t t nat all
. t atu t c.:-) costs and e x penses, such as t i l ing f ees, f..>:.Jb l i c ctior.
l:U !Ou;, :t a n ), n o tices a nd rna1li n ~!' r equ 11-t:d o.no;or o cca s iontc t .y
tho: ti l in .,. ot the f'~titior,, incl u o in g tt1 E· c os t of it s 1 •r ep.;r a t ic .~.
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.:.~.a t.lie ;'r e j.a r·c.ti o n ct a;-iy c ocum ~ntis or su ;..:;.o rt ing da t a i r, c o n -
Jur.c t ic n lh <=r<:-•d t h , s t..:;11 be ; c io b y c.nd/or t h e s o l E: and s e ;.•a r c.t e cos t an d e Kp <=nse of t h e City.
1 9. The p arties t 1erGto ex)Jr e ssly a g ree that n e ith e r shall
dis cl o se the s p ecific terms and cond i tions of this me morandum o r
of the final agreem e nt without the advance written consent of the
o t he r, which c o nsent shall n o t be unreasonably withheld , and, to
the ext e nt !JOssibl e , j oint disclosure and/or pr e ss releases are c on tem p lated.
IN WITN E SS \.'HERE OF, the J,J arties hereto have set their hc.nos
and seals the da y a nd year first written above .
ATTt.~7 :
City Cler Y.
J..TTES T:
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/\ ,/·t .. ;r . ,/,.7{.~C.::-,,.~
~1 1son ~. Mccol lum , sec reta r)
f CuRi-'O R J.'.! £ b l:../..L]
CI TY:
C I TY OF E:NGLE.r~uoo, a cor po rate boa y
pol it i c and home rule city
by------------------=-,.~,...c-}-.O-:--r-
DIS'l'RIC T :
SOUTH E N GLE~OOD SANITATIO N
DISTRICT NO. 1, a quasi m u n i c i~al
corpora t i on
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ADDEl\DUM TO MC~:ORANDUM OF AGREEMENT
ThlS ADDEr.;Du ~: is maae and ente r ed int o bet ... ·een THL Cl'.!Y Of-
LNGLEWOOD (the •city•) and SO UTH ENG LL ~0UD ~ANlTATION DISTRICT NU .
l (t ne •District•) on the same aate , contem o ran eous wit h , ana as
a part or that certain Mem o randum ot Agreement ("Me morandum ")
oetween the parties to whict1 this is attachea , IT bLll,G AG!<Ll.D THAT:
1 . All terms us ed herein, unless othErwise SIJ c itically
aetinea , shall have the samt meanin g as set forth in the
Memorandum. Any rrovision Jn this Ad aendum in contlict with or
inconsist en t with th ~iemorana u m shall suµersede any sue 1
contlicting or inc oncis tent provision or the Memorandum . All
additions and mod ificati ons of this Aaaenaum to the Memorandu m are ex~ressJy incorµoratea therein so t hat together the Memorandum and
this Aadenaum µroviae one agreement, which shall hereinafter be
aenotea as tne ·~emoranou m ot AJreement and Adaendum .•
2 . In aadition to th contingencies in the Memoranou , all
µro\·isions th e r in are turtJ 1e r cont i ngent upon th e c om;,le t ed
purchase of the Araµahoe Co u n ty Fairgrounos site by Ben Parks
and/o r assigns ("Purchaser") trom t he Araµah oe Fair Assoc-iation,
Inc . ("Seller") p e r t heir contract dated July 1 , 1 ':!85, and the
1·ayment of a sewer ta µ oeµosit of !;i85U ,OOO .uu by the Purchac e i· to
the Cit; on or b efo re July 1 , 1986 .
3 . It the above c on tingency is not m t , either th e City or
the District shall hav th~ r ight to terminate t his Mem o ranoum of
Ayreement and AOoenoum uµon provioing writt e n n o tice of t. r rr.1 -
nation; in which event , t he Memoranoum or Agreement and Aao ndum
shall terminate ten llOJ days atter rtceii-t o f notice ot terr..1-
nation from th µarty electing the san.e . Thereafter , this
Memoranoum at Ag reement and Aodendum shall be ct no furth~r t u rce
ano ettect; the parties hereto shall be releaseo trom all ri ghts ,
l1aoilities ana obligations ursuant to tnt same, and any con-
siderat i on or things ot value received b} either 1->arty from th e
oLher prior t o such term1nat1on sf.all, wit tiin seven (7) aays ot
termination, bt returned.
4. It th xclusion souyht in the i;..ietition is o roer .,a Ly
the Ccurt ano recoroea subsequent to the statutor} deaolin~, •re-
cluding an} turth r S.{-1 cial oistrict b ou naary change t or t al
1->ro erty tax purpoE s, ana the ar a xcluded is a ss sseo an d taxtE
are collected ano paid bt th county as 11 the District cont a1neo
th exclud d area, all monies r eceived by the District in 1Y b7 f o r
calt-noar y ar 19!:16, as receiveo, shall be µrom1-tJy µaio over t o
th Cit} and shall hav n o att ct on the xclusion date or alt r I • •
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in an} manner the City 's liability for the excluoed area tr om and arter tht exclusion date .
~. Notwiths t anding Paragraph 19 of the Memorandum, th e City
and t he Dis trict shall intorm each other of any ott icial dis -
closures , statemtnts or news media r eleases . r or this a greemen t
and the rinal Agreement , to the extent poss i ble, Joint disclo~ures
and /or pres s releases are contemp1atea . Neither party shall ,
wit hout the advance written cons en t of the other , which consent
shal l riot be unreasona cly wittJ11elo , disclose any ct t h,, s ec1i1c
tern1s and conditions cl the final Agreement until the same becomes
an agenaa item and is disseminated with the agenoa by th e Ci ty
Clerk in the normal course of the scheduliny ot City Council meetings .
6 . The City and the District acknowledge and unaer s tana
that each may be subject to limitations imposed by the Colorao o
Constitution , by statute , or the Englewood home rule chart er with
regaro to the inaemnification ana hold harmless commitment each
has made to the other in Parayraph 11 of the Memorandum. ~ei ther ~arty will ta ke any discretionary action which it may hav to
turther limit , by ordinance, res ol ution, rule or regulatio n , which
may result in a further 1 imitation of its 1iabi1 ity in this area .
AT Tt:S1 :
City Clerk
ATTJ::ST:
\q lson f • McCol lum, becretary
Cl TY :
CITY Of ~NGLEW0UD , a cor~o rat
body politic ano home rule cit)
DISTRICT:
SOUTh ENGLt.l\O(JlJ bANlTATlUN
DISTHICT U . 1, a quasi municipal
corporation
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l H[ ( J 1 V Or [HGL [UOOCI. " or po rate borl1• pol 1 11 c:. and hoMe rule
c 1t v • 111 "(1t•J). a nd 1t.e .OlJlH UiGLEWOIJfl Ht>llf~llOH Ol!';lP.I(l HO.
1 _ a O.J a::.1 nur11 C.J p o]
<:pt c 1 ;d d1~tr1c 1 c ~u r pose slbiutor\J
:•C-r-\I J r' t 0 0 cf t::!"J f}n,--i t C'd C:f -t"C: ffr-apot1
··111~.1r1rt "), hf-f·E1n r.!l,-.,.e th1 ~ d.;,y c.d ,,__ __ _
CJ pr ou 1de san1tarv se&..:er
<: Cc.•u111v. Col r.rado <t ft c
1.
2.
·----· 198& that:
f .lJ prc.1•1 1s1nn!> o1 tt.t
nf H f 1t""e ~ru nt d a i ed
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(l,s tr-Jc.1 are cont1119tn"l ur·tH1
bt::t.ut·Ln th ~ (11 1,, end 1.!1e
1 r t•r. B=inl :r upt cy Prnceed1 n9 t> ·-
[(tlJ'11 \.' r Cl rpr·ou11d flFC'pprt \.'
~~u h U1ndcrMere S treet
1 t•t: ru u ner 1 ~,
of the Hrcµahoe
relleu1ew ~venue and
nd. Colorado and are
ayMent CJf ll 500 Pf"r
qu1vaJen i res1dent1al s wer lo p f r the aµprox1Mately 1 ,700
t aps currently est1Mate be requ red for the developMent o f the ra1rground
Jn the event tha t
re c ivtd Lefor the
exclusion agreed to
May. by written not
to be rtul J and vu1
o f the
tap fees are not
rn1ng the propo sed
in the MtMOr&nduM f AgreeMent , the City
ce, declare tl1e MeM randuM of Aareenent
and ~hall not th e 1 e ft er be bound hy any
o f tt.c court o r:ur &f i er th .,, d 10 i e
[ Ourttv HS 5<'S5nt l n 198& f"5 t llt.] l s h ef
u -,, !:.ttu t'1 fn o ]e...,oo 5 <..n ii o llCon
lo cate-cl w1 t1 1111 tlt1 · '1t 1• of [rHdf'u ood
ut11 c l 1 will "'-Judt·d . th rr, ih L Dl <i r l!t u ;)] relo P tt 1« ti ...
( 1 1• 11...J t P "r t1 ton of 1t1c 1.d> n & .. •n• 11t d u t , 11 19!'.7 l'lllh.J n :..t tt .1-
C > t l urJ 0 flO f tlOl t r.f tl1t-(1;~1 tl<.1. I • •
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1 1! !.'J "ir!?S ~. lll L Pror . Ho r: r .;:.,•·t1<·s ht-rr-to "'-'"'' ,,.t tl 1<·1r t .. ,,,.._ .•. 1,d
: .. ,j ~. tl1f d -.v c:1 1 1d \'l iH 11r ~1. wrJttPfl .::l •O\IL' ..
A ll CST:
---·----------------City Cl ed.
flllE S l:
CI lV:
CJTV Ur [H Gl.LU !:JD. e: c01r•"""'t1:
body politic: nd fume rule C1t~·
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SR!ll TATI Oil
a quasi
c:or·porat1 on
OunnaM , Preztdc:nt
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I CITY or r "'001". c LO
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M ~H(RIOAN HILL-;
\!') t.OVTH ARArf\11 1"\r
II; ~OllT H [Nr.l(W")'JO
17 SOUTHGAT[
18 VALLEY
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ENGLEWOOD LIQ UOR LI C ENSE AUT HORITY
Minu te s
October 2, 198 5
The meeting was called to order at 7:30 p.m. by Chairman Styes.
PRESENT: Lunders, McLaughlin, Waddell, Styes.
ABSENT : Heinle .
The Chair declared a quorum present.
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MCLAUGHLIN MOVED, WADDELL SECONDED A MOTION TO APPROVE THE MINUTE S OF THE
MEETING OF SEPTEMBER 18, 1985 . Upon a call of the roll, the vote
resulted as follows:
Ayes: Lunders, McLaughlin, Waddell, Styes.
Nays: None.
Absent: Heinle.
Chairman Styes declared the motion carried.
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MCLAUGHLIN MOVED, WADDELL SECONDED A MOTIDrl TO OPEN THE PUBLIC HEARitlG TO
CONSIDER A SPECIAL EVENTS PERMIT FOR THE FIRST ANNUAL ENGLEWOOD FALL
FESTIVAL, NOVEMBER 1-3 , 1985. Upon a call of the roll, the vote resulted as follows:
Ay e s: Lunders, McLaughlin, Waddell, S t yes.
Na ys: None.
Abs e n Heinle.
Chai r ma n S yes decl a red the motion c a rried.
Ros mary La Port a , Chairman of the Fall Festiva l Committee, pre sen ed he ~pplication for a speci a l e vents perm i t. Ms. LaPorta stated t h e event
would be h l d i n conjunct i on with the Holiday Parade. The loca ti o n woul
be he Key S a v i ngs parking lot. In response to the Authority's q uestion
concerni n g insurance coverage , Ms. LaPorta responded the Committe e ha~
no yet secur ed i nsurance coverage.
f.'H'nPPS OVED , MCLA UGHLHI SECONDED A MOTIOtl TO APPROVE THE SPECIAL EVE!ITS
PPR JT FOR THE FIRST A!INUAL ENGLEWOOD FALL FESTIVAL TO BE HELD AT THE
DESJGIATED LOCATI OH WITH ALL THE SAFEGUARDS AS OUTLINED RY MS. LAP ORTA
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IMPROVEMENTS /:j\? REQUIRED ,' I ·
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':..•".lf:.Ho" t.>f~lMl.:I
FIGURE 2
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PROCLAMATION
WHEREAS , the public schools are an important and integral part
of our society; and
WHEREAS, the concept of a free and equal education is an
Ame r i can tradition and this countr y's strength; and
and
WHCREAS , the students of toda y are the leaders of tomorrow;
WHEREAS , all citizens have a responsibility to support the
public schools;
NOW, THEREFORE , I, EUGENE L. OTIS , Mayor of the City Of
Englewood , Colorado, hereby proclaim the wee k of Fe bruary 17 -21,
19 86 , as
ENGLEWOOD PUBLIC SCHOOLS WEEK
and u rge all citizens to make a commitment to public education and
to the future of Englewood's children by visiting their local
p ublic schools and by donating their time and t alents to he l p make
t he public schools even better .
GIVEN under my hand and seal the 3 rd da y of Fe b ruary, 1986
Eugene L. Otis , May o r
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ORDrnAOCE NO.
SERIES OF 198_6_
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BY AUTHORITY
A BILL FOR
116/
COUNCIL BILL NO. 7
INTRODOC!: ~y COUNCIL
MEMBER 'M_~
AN ORDINAOCE AMENDING TITLE 2, CHAPI'ER 4, SEX:TION 1, OF THE
ENGLEWOOD MUNICIPAL ORDINAOCE 1985, REG.1\RDING THE PARKS AND
RECREATION Cet1MISSION MEMBERSHIP.
BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGL~OOD, COLORADO, AS FOLLCMS:
Section 1. That Title 2, Chapter 4, Section 1, of El'C 1985
is hereby amended by striking those portions lined out and adding
those portions capitalized, to read as follows:
2-4-1: CCt1MISSION ESTABLISHED; MEMBERSHIP AND TER"IS: There is
hereby established a ~Re catrnission of the City of
the City of Englewood aR8 &el'leel 9ieeEi-ee Ne .. ~ AEapaA8e
'"91iReyy "91-eEaliey to be known as the Parks and Recreation
Cannission. The said Cannission shall consist of nine (9)
persons '00 BE APPOINTED BY THE CITY COUOCIL. '!WO (2) MEMBERS
SHALL BE UNDER THE AGE OF EIGHTEEN (18) YEARS WHEN APPOINTED.
Wwe ~t sAaU 8e app&iR4:ee ~ ei=le BeaE& ff ilEitteaei-eR ef
&el'leel 9iebi-ee Ne.. l MaJ!ICIAee EleliRey7 ~Eaee ..
~ -fl!t &RaU 8e app&iR4:ee ~ ei=le '"•ey '"8wieU ..
~Ye -f9t &AaU lie app&iR4:ee ~ ~Re app&iR~ ef ~ ileaM
ef il!ilff!a~~ aAli t!Ae '"•~y ~U 7 --~+ ef wMt!I &AaU
he lllMeE ~ lll'je ff ~At;eeft ~+ yens wfleR app&iR4:ee ..
The City Council shall designate eAe FOUR nanberS of the
Catrnission to serve until February 1, 1990, and &Re 'lttREE
members to serve until February 1, 1992. !f!Re 8eaE8 ef
ilEittea~i-eR &RaU 9eei4jRa~ 8Re lll9MeE ef ~i=le s-•ss~eR M
&eEYe lifle~l ¥e8E~CIEY ~ l981!y a"8 8Re ~~ ~ &el!Ye YRe~•
~BEYaEy l 7 l984y aRd 'IBE two (2) additional menbers under the
age of eighteen (18) years shall be appointed for terms to expire
on October 1 in the following year. All menbers except those
manbers under the age of eighteen (18) years, when appointed,
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k the forty-third
ester, carrying t o
~ major religious
'1 i p sank beneath
Roman
'1 lifejackets
0 thers; and
i ns an
s ; and
and
for
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CORRECTION
THE PRECEDING DOCUMENT OR ELANK FRAME HAS EEE:V
REMICROF!LMED TO ASSURE LEGIEILJTY AND
ITS /MA GE APPEARS /MME.DIA TEL Y HEREAFTER.
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shall be appointed for terms of four (4) years. Current menbers
of the Camlission shall not have their terms affected hereby,
Introduced, read in full, and passed on first reading on the
3rd day of February, 1986.
Published as a Bill for an Ordinance on the 5th day of
February, 1986.
Attest:
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of &lglewood, Colorado, hereby certify that the above and
foregoing is a true and canplete COJ!i of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 3rd
day of February, 1986.
Gary R. Higbee
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P R 0 C L A M A T I 0 N
WHEREAS, Monday, February 3 , 1986 will mark the forty-third
anniversary of the sinking of the troopship Dorchester, carrying to
their deaths four armed service chaplains of three maj or religious
faiths who bravely stood united in prayer as the ship sank beneath
the waves; and
WHEREAS , these four chapla ins, representing the Roman
Catholic , Jewish, and Protestan t faiths, gave their own lifejackets
to others , sacrificing themselves to save the lives of others; and
WHEREAS , th e heroic deed of the four c haplains remains an
inspiring example of brotherhood for s ucceeding generations; and
WHEREAS, it behooves all of us to red edicate our live s and
our efforts to the common cause of human freedom and justice for
all , that their sacr i fice shall not have be en in vain;
NOW, THEREFORE, I, EUGENE L. OTIS , Mayor of the City of
Englewood , Colorado, do hereby designate Sunday , February 2, 1986,
to be observed as
FOUR CHAPLAINS' SUNDAY
and call upon our citizens to commemorate this act of heroism wit h
appropriate observances .
GIVEN under my hand and seal the ~~r l day of February, 1986.
t~rr;. Otis, Mayor of
Englewood, Colorado
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PRESENT:
ABSENT;
OTHERS;
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BOARD OF CAREER SERVICE COMMISSIONERS
AUGUST 20, 27 AND SEPl'EMBER 16, 1985
SPECIAL HEARING
Tom Fitzpatrick, Janet Kerzic, JoEllen Turner
Don Weber, Cathy Pokraka
Ben craiq, CSB Attorney
Jack Olsen, City Attorney
John Criswell, Leydon Attorney
Larry Leydon
Commissioner Turner chaired the special hearinq to consider the
appeals filed by Mr. Criswell and the City in response to the
Hearinq Officer's recommendation. Roll call was taken and a quorum was established.
On Auquat 20, the Career Service Board aet to hear the aotiona
filed by Mr. Criswell and the City's Attorney Mr. Olsen.
Attorney Criswell requested the Board to consider Strikinq the
City's response to the Leydon protest, since it was not tiaely.
City Attorney Olsen requested the Board to aove to reaand the
decision to the Hearinq Officer since he excluded auch of the evidence.
on Auquat 27, the Career Service Board reconvened. co .. iaaioner
Kerzic aoved to deny Attorney Criswell'• aotion that the City's
response was not timely and to deny the City's response
requesting the Leydon appeal be remanded to the Hearing Officer.
Commissioner Fitzpatrick seconded the aotion and the vote was unaniaous.
The Board heard further oral arquaent on the aattar.
The Board met for two Executive Sessions on September 9 and 13 to
review the facts and findings and to render a decision.
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on September 16, 1985, the Career Service Board met to render a
decision. Commissioner Kerzic moved to adopt the attached
decision as circulated. Both partie• waived the reading of the
facts and findings and a vote waa taken aa follows:
Fitzpatrick Aye
Kerzic Aye
Turner Aye
Let the record reflect that the above a8Jlbera have reviewed all
transcript• and records relating to the above aatter.
Commissioner Fitzpatrick aoved to cloae the hearing.
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BEFORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD, COLORADO
IN THE MATTER OF THE
DISCIPLINARY APPEAL
OF JOHN L. LEYDON
RULING ON MOTIONS
This is an appeal from an adverse action terminating the
employment of John L. Leydon, a Sergeant in the Englewood Police
Department. On January 9, 1985, the Career Service Board refer-
red the matter to a hearing officer, Bennett S. Aisenberg, in
accordance with Section 5-3-3(a) E.M.C.
On July 11, 1985, the hearing officer filed his findings
and recommendations with the Board's Recording Secretary. On
July 19, 1985, Leydon filed his petition protesting the findings
and/or recommendations of the hearing officer. On July 29, 1985,
the City of Englewood filed a letter with the Board's Recording
Secretary, the first line of which states, wPlease consider this
letter a response to the protest filed by Mr. Criswell on behalf
of his client, Mr. Leydonw. The letter also contains a request
to remand the case to the hearing officer to hear evidence on
matters excluded by the hearing officer. Later, Leydon filed a
Motion dated August 12, 1985, to strike the City's response to
Leydon's protest. The Board set both Leydon's Motion to Strike
and the City's Motion to Remand for hearing on August 20, 1985,
at which time the City appeared by City Attorney John R. Olsen,
and the appellant appeared in person and by his attorney, John A.
Criswell.
The Career Service Board, having considered the record
in this matter, the motions and arguments of counsel rules on
each of the motions as follows:
I. Leydon's Motion to Strike
Leydon's Motion to Strike the City 's response to
Leydon ' s protest is based on a lack of timeliness. The Mot ion
goes only to matters raised in the respon se which are not in
response to Leydon's protest but which raise points not raised in
Leydon 's protest and particularly, the City's objections to the
hearing officer's order of March 28, 1985 excluding evidence of
certain incidents wh ich the City proposed to offer. The City
agreed in argument that its response is essentially its Motion to
Remand on the basis of the hearing officer's alleged error in
excluding evidence.
The Board finds that the City's response and request to
remand does raise issues regarding exclusion of evidence.
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Leydon's protest also raises issues regarding evidence, but it
complains that the hearing officer admitted too much evidence
regarding the prior incidents while the City's response is that
the hearing officer's ruling did not admit enough of its proffer-
ed evidence. The Board finds that in this case it is not
necessary to decide whether the City has attempted to raise a new
issue or ground of protest in its response to Leydon's protest.
Leydon's Motion to Strike is based on lack of timeli-
ness. He contends that what is now subsection 5-3-3(d) E.M.C.
permits a party to protest, that is, attack the findings and
recommendations of a hearing officer only within ten calendar
days after the date of their submission by the hearing officer to
the Board.
That subsection provides:
(d) Within ten (10) calendar days after the
date of submission by the Hearing Officer of
the statements of findings and recommendations
to the Board, the aggrieved party or the City
may file a petition protesting the findings
and/or recommendations of the Hearing Officer.
A copy of the petition shall also be served
upon the opposing party, who may, within ten
(10) calendar days from the date of receipt of
said petition, respond thereto. If no
petition in protest is filed within this ten
(10) calendar day period, the findings and
recommendations of the Hearing Officer shall
be the final decision of the Board.
Here, the hearing officer filed his findings and recom-
mendations with the Board's Recording Secretary on July 11, 1985.
Those findings and recommendations incorporated by reference his
thirty page Order Limiting Issues dated March 28, 1985, and
requested that his recommendation be read in conjunction with
that Order. That Order was not attached to the findings and
recommendations and was not among the other documents filed by
the hearing officer with the Recording Secretary. The Order was
not received by the Recording Secretary until August 19, 1985,
and was first delivered to the Board members on August 20, 1985.
Subsection 5-3-3(d) E.M.C. strictly limits the filing of
protests to the findings and recommendations of hearing officers
to a period of ten calendar days after submission to the Board.
Rule 3.1 of the Rules of the Career Service Board provides:
3.1 All documents of any kind required or
permitted to be filed with the Career Service
Board shall be filed with the Recording Secre-
tary at the office of Employee Relations in
City Hall.
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Ordinarily a document which attempts to protest the
findings and recommendations of a hearing officer and which is
filed beyond the ten day period allowed by subsection 5-3-3(d)
would not be considered by the Board. The time limits set by the
ordinance are jurisdictional. However, in this case, the
complete findings and recommendations, and particularly the por-
tion about which the City has complained, was not filed until
August 19, 1985. Accordingly, the Board must treat the City's
response as a timely filed protest, deny Leydon's Motion to
Strike and rule on the City's request to remand.
II. The City's Motion to Remand
The City's request that the matter be remanded to the
hearing officer for the taking of additional evidence is directed
to the hearing officer's Order of March 28, 1985, in which he
excluded evidence about certain past incidents cited by the City
as supporting the decision to discharge Sergeant Leydon. The
City alleges that the exclusion of this evidence is contrary to
law and must be reversed by the Board. In particular, the City
points to section l-7-7(c) E.M.C.:
(c) Rules of Evidence: The hearing body
shall not be required to observe any formal
rules of evidence, but may consider any matter
which a majority thereof conclude is reason-
ably reliable and calculated to aid the hear-
ing body in reaching an accurate determination
of the issues involved.
This section and a similar provision in the State Admin-
istrative Procedures Act made applicable in proceedings conducted
by the hearing officer by subsection 5-3-3(b) E.M.C. make it
clear that hearing bodies are not limited by strict rules of evi-
dence in their proceedings. However, these laws do not require
that a hearing officer receive any proffered evidence. Both use
the discretionary word •may• and leave that discretion to the
body or person conducting the hearing.
In this case, the hearing officer determined that
receiving evidence regarding certain incidents would not aid him
in reaching an accurate determination of the issues involved
because these incidents cannot be used as a basis for any
disciplinary action.
The City also argues that E.M.C. 5-24-1 requires the
hearing officer to consider all prior incidents in a disciplinary
review. E.M.C. 5-24-1 provides in partr
The decision to administer corrective or
disciplinary actions shall take into consider-
ation the nature, extent, seriousness, and
effect of the act, error, omission committedi
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and the type and frequency of previous unde-
sirable behavior.
This part of the ordinance must be read in context. It
is in a section which defines the duties and responsibilites of
department heads and managers in regard to corrective or disci-
plinary action and does not attempt to regulate the actions of
the Career Service Board or its hearing officers with regard to
the admission of evidence as in the case of the ordinance
discussed above.
In reviewing the actions of a hearing officer, the Board
is guided by subsection 5-3-3(f) E.M.C.:
(f) The Board may, in its discretion, permit
oral argument, but shall not rehear testimony
already received or presented to the Hearing
Officer. The findings and recommendations of
the Hearing Officer shall not be set aside by
the Board unless such findings and reconunenda-
tions are contrary to law or are unsupported
by the weight of the evidence.
The Board has heard the arguments of!' counsel and
reviewed the Order of the hearing officer dated March 28, 1985,
and it cannot find that the hearing officer's Order of March 28,
1985 was contrary to law. Accordingly, the Board denies the
City's Motion to Remand the case to the hearing officer for
taking of additional evidence.
Dated this 27th day of August, 1985.
o Ellen Turner
cting Chairman
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Commissioner
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BEFORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD, COLORADO
IN THE MATTER OF THE
DISCIPLINARY APPEAL
OF JOHN L. LEYDON
DECISION
This is an appeal from an adverse action terminating the
employment of John L. Leydon, a Sergeant in the Englewood Police
Department.
On December 14, 1984, Leydon received a letter signed by
the City Manager officially terminating his employment with the
City. Leydon appealed to the Career Service Board on December
18, 1985, which referred the matter to a Hearing Officer, Bennett
S. Aisenberg, on January 9, 1985, in accordance with Section
5-3-3(a) E.M.C.
On July 11, 1985, the Hearing Officer filed his findings
and recommendations with the Board's Recording Secretary. Leydon
filed his petition protesting the findings and/or recommendations
of the Hearing Officer on July 19, 1985, and the City of
Englewood filed its response on July 29, 1985. The response
contained a request to remand the case to the Hearing Officer to
hear evidence on matters excluded by the hearing officer. Later,
Leydon filed a Motion dated August 12, 1985, to strike the City's
response to Leydon's protest. The Board made its ruling denying
both motions on August 27, 1985.
Also on August 27, 1985, the Board heard oral argument
in this matter at which time the City appeared by City Attorney
John R. Olsen and the appellant appeared in person and by his
attorney John A. Criswell.
THE CAREER SERVICE BOARD, having heard oral argument,
hav i ng reviewed the findings and recommendation of the Hearing
Officer, and having reviewed the entire record in this matter,
including the transcripts of all the pertinent testimony, makes
its decision as follows:
I.
Section 5-3-3, Englewood Municipal Code sets forth
procedures governing the conduct of appeals to the Career Service
Board when hearing officers are appointed. That section
provides:
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(a) When a hearing on a grievance appeal or a
disciplinary appeal before the Board
under this Chapter will, or is likely to,
present:
(1) Complex issues of fact or law: or
(2) Numerous witnesses and extensive
oral testimony or documentary evi-
dence: or
(3) For any other good cause as may be
determined by the Board, the Board
may appoint a Hearing Officer who
shall hear the appeal as author-
ized by this Section.
The Hearing Officer shall be appointed by
the majority vote of the Board members.
(b) Except as otherwise provided herein or as
provided by written rules of the Board,
the Hearing Officer shall have such gen-
eral authority as now contained in
24-4-105(3) through (8), C.R.S., 1973, as
amended.
( c) Within twenty ( 20) calendar days after
the conclusion of the hearing, unless a
shorter time is indicated elsewhere in
this Title v, said Hearing Officer shall
prepare and file with the Board a
statement of findings and recommendations
upon all the material issues of law and
fact. In submitting the initial findings
and recommendations to the Board, the
Hearing Officer may also submit all or
any part of the record of proceedings in
order to clarify or support the Hearing
Officer's recommendations and findings.
No ex parte matters or representation of
any kind offered without notice shall be
received or considered by the Board or
the Hearing Officer.
(d) Within ten ( 10) calendar days after the
date of submission by the Hearing Officer
of the statements of findings and recom-
mendations to the Board, the aggrieved
party or the City may file a petition
protesting the findings and/or recommen-
dations of the Hearing Officer. A copy
of the petition shall also be served upon
the opposing party, who may, with in ten
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(10) calendar days from the date of
receipt of said peition, respond thereto.
If no petition in protest is filed within
this ten ( 10) calendar day period, the
findings and recommendations of the
Hearing Officer shall be the final
decision of the Board.
(e) Upon receipt of the petition in protest
and the res p onse thereto , if fil e d , the
Board may order all or any part of the
record of proceedings transcribed and
submitted to it for its review.
(f) The Board may, in its discretion, permit
oral argument, but shall not rehear
testimony already received or presented
to the Hearing Officer. The findings and
recommendations of the Hearing Officer
shall not be set aside by the Board
unless such findings and recommendations
are contrary to law or are unsupported by
the weight of the evidence.
(g) After oral argument, if permitted, and
reviewed by the Board of the Hearing
Officer's findings and recommendations,
together with petitions of the parties,
said Board shall, within twenty (20)
calendar days, make its decision a matter
of record, affirming, modifying or re-
versing the findings and recommendations
of the Hearing Officer.
(h) The decision of the Board shall be final,
subject to judicial review pursuant to
rule 106(a)(4), Colorado Rules of Civil
Procedure, as said rule exists or as it
may be later amended. (Ord. No. 80,
Series 1981: Ord. No. 14, S e c tion 6,
Series 1983 )
This case, involved complex issues of l aw and fact,
e x t en si ve oral testimony and extensive documentary evidence. The
hearing lasted eight days resulting in a transcript of over two
thousand pages and the receipt of over sixty exhibits, some of
whi c h were voluminous. The Hearing Officer issued his order
l i miting issues of March 28, 1985, consisting of thirty pages and
hi s report and recommendation dated July 10, 1985, containing
twenty-seven pages.
In brief, the Hearing Officer heard evidence on practi-
cally all of the events or incidents listed by the Chief of
Poli ce and the City Attorney in a document entitled •Basis for
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Disciplinary Proceedings" either on the basis that such incidents
were disciplinary or had some bearing on the issue of Leydon's
character or habit of acting in a certain manner. In addition,
the Hearing Officer reviewed Leydon's annual evaluations since
1975. He concluded that the incidents prior to 1975 when Chief
Holmes took over should not be considered in determining whether
just cause existed for Leydon' s discharge because Chief Holmes
had told the officers in the department at that time that they
were to start with a clean slate as regards promotions and
discipline. The Hearing Officer determined that the members of
the department were justified in relying on Chief Holmes'
statement.
The Hearing Officer considered the incident which
triggered Leydon's discharge, the Blatnik incident which occurred
on November 4, 1984, and other incidents throughout Leydon's
career with the Englewood Police Department in determining that
Leydon over-reacted and let his personal motivation influence his
decisions as a police officer. However, the Hearing Officer
considered only one other incident since 1975 in determining the
magnitude of the discipline appropriate in this case. He found
that just cause was not shown for discharge but that just cause
did exist for demotion to patrolman, the discipline initially
determined by Chief Holmes to be appropriate before considering
Leydon's complete past record as a police officer. The Hearing
Officer recommended that Leydon be demoted to the rank of
patrolman effective December 14, 1984, and that he be paid back
pay from that date until the date of his reinstatement less any
amounts received by way of interim earnings or unemployment
compensation benefits received.
This Board issued its ruling on the City's Motion to
Remand the case to the Hearing Officer for the taking of addi-
tional evidence on August 27, 1985. To the extent that the Board
may be required to consider the City's response to Leydon's
protest in making its decision on this matter, the Board hereby
incorporates by reference and affirms its Ruling on Motions
issued on August 27, 1985. Additionally, after reviewing the
complete record in this matter, the Board agrees with the
statement made by the City Attorney in his closing argument to
the Hearing Officer:
I think both sides have had an opportunity to
present just about any kind and all kinds of
evidence that they wanted in quantity and
quality. And I think the Hearing Officer has
been fair to both sides in terms of receiving
and considering just about everything we--
either side--has wanted to offer, including
extraneous theories and trains of thought from
both sides.
II.
In reviewing this matter, the Board must be guided by
the standard set forth in 5-3-3(f) E.M.C. which provides in part:
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The findings and recommendations of the Hear-
ing Officer shall not be set aside by the
Board unless such findings and recommendations
are contrary to law or are unsupported by the
weight of the evidence.
The protest to the Hearing Officer's findings and recom-
mendation filed by Leydon specifies four grounds. The first is:
1. The Hearing Officer's Findings and/or
Recommendations in the instant proceeding are
premised upon improper consideration of inci-
dents which were not supported by a written
letter of correction or letter of reprimand
contained within Grievant's personnel file;
the same being more particularly set forth and
complained of in Grievant's Motion to
Summarily Rescind Disciplinary Action, or, In
the Alternative, to Limit Issues.
This objection was dealt with by the Hearing Officer in
his order Limiting Issues dated March 28, 1985. There, the
Hearing Officer limited evidence at the hearing to evidence of
incidents involving corrective action or reprimand which were not
previously appealable under Englewood ordinances provided that
the City first presented evidence that notification with regard
to them was sufficient to inform Leydon that some type of correc-
tive action was to be taken against him.
While the Hearing Officer did receive evidence regarding
these incidents, he considered only one of them in determining
the proper discipline to be imposed in this case. That was the
reprimand issued to Leydon in 1977, as a result of a police chase
incident on October 20, 1976. There, the hearing officer found
that Leydon acknowledged that his conduct on that occasion was
unacceptable. Under these circumstances, the Board finds no
error or prejudice to Leydon in the Hearing Officer's
consideration of such incidents.
The second ground of protest is:
2. The evidence presented does not support
the Hearing Officer's finding that there
exists just cause to subject Grievant to a
disciplinary demotion in rank.
After review of the record before the Hearing Officer,
the Board finds ample support for the Hearing Officer's finding
that Leydon over-reacted and exceeded his authority in arresting
Ms. Blatnik and restraining her physically until other police
officers arrived and for the finding that he let his personal
involvement in the situation affect his actions as a police
officer . These facts amount to just cause for demotion of Leydon
to the grade of patrolman.
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The third g round of protest is:
3. The Hearing Officer failed to consider
relevant evidence submitted by Grievant
regarding improper motivation on the part of
the Englewood City Manager in acting to
terminate Grievant's employment.
The Board is unable to find from a review of the record
that the Hearing Officer failed to consider any relevant evi-
dence. The Hearing Officer did not necessarily accord the same
weight to all evidence that he received. However, since the
Hearing Officer did not find just cause for the City Manager's
action terminating Leydon's employment, any failure on the part
of the Hearing Officer to consider the City Manager's motivation
could not have prejudiced Leydon.
The fourth ground of protest i s:
4. Inasmuch as the Hearing Officer has
determined that there is no just cause for
termination in the instant action, the City of
Englewood's previously asserted position, that
the Board does not have the authority to
impose lesser degrees of discipline, mandates
that Grievant be reinstated to his employment
at the rank of Sergeant.
Leydon's fourth ground of protest illustrates the
absurdity of the City's position that the Board, and indirectly
the Hearing Off i cer, have no authority to modify the disciplinary
actions of the City Manager. Leydon argues that if the Board's
authority i s limited to finding whether or not cause exists for
th e d i s ci p li n a ry t erminat i on and the Board decides that just
cau se d oes no t e x ist fo r term i nat i on, i ts only permissible acti o n
is t o orde r Leydon r e i n stated in t h e g rade of Sergeant with full
back pay and be n efi t s .
The City Charter in Section 138 :4 (h) and ide n tical lan-
g uage in 5-ll-4(d)(2) E.M.C . provide:
To hear disciplinary appeals for any full-time
permanent classified employee w ith respect
only to whether that employee 's suspe nsion ,
demotion , or discharge was for cau se which
relates to the performance of duties , pe r son a l
conduct, or any other factor detrimental to
the City and/or any other just and re a sona b l e
cause .
Subsection 5-2 5-12(h) E .M.C . provides :
Eac h decision shall include a statement of
findings and conclusions upon all the material
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issues of fact, ordinance, or discretion pre-
sented by the record and the appropriate rule,
sanction, relief or denial thereof.
Section 5-3-3(g) provides:
After oral argument, if permitted, and review-
ed by the Board of the Hearing Officer's
findings and recommendations, together with
petitions of the parties, said Board shall,
within twenty (20) calendar days, make its
decision a matter of record, affirming, modi-
fying or reversing the findings and recommen-
dations of the Hearing Officer.
The Board holds that its authority to change or modify
disciplinary penalties found to be lacking just cause is inherent
in its authority and duty to decide the sufficiency of the cause.
The Board also interprets its authority and duty to set forth the
appropriate relief in its decisions as contained in Subsection
5-25-12(h) as authority to modify disciplinary actions found to
be inappropriate and impose appropriate relief. Further, the
Board interprets its authority to affirm, modify or reverse the
findings and recommendations of the Hearing Officer as authority
to modify inappropriate findings made by him.
III.
The Board is unable to find that the findings and recom-
mendations made by the Hearing Officer are contrary to law or
unsupported by the weight of the evidence. The Board does find
that the findings and recommendation of the Hearing Officer are
extensive, thorough and supported by ample evidence in the
record.
IT IS THEREFORE ORDERED that the Hearing Officer's
findings and recommendation dated July 10, 1985, including his
order Limiting Issues dated March 28, 1985, are approved and
affirmed.
Section 5-3-2 E.M.C. provides in the fifth paragraph:
All claims for back wages shall be limit-
ed to the amount of wages that the employee
would otherwise have earned, less any unem-
ployment or other compensation that they may
have received from any other source of employ-
ment during the period of back pay. Such
employee shall have the burden of showing that
they were actively seeking substantially equi-
valent employment during such period. (Ord.
No. 80, Series 1981~ Ord. No. 14, Section 6,
Series 1983)
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IT IS FURTHER ORDERED that Leydon be demoted to the
grade of Patrolman effective as of December 14, 1984, and that he
be entitled to back pay at the grade of patrolman from that date
until the date of his reinstatement less any unemployment or
other compensation that he may have received from any other
source of employment during the period for which he is to receive
back pay. Leydon shall present an affidavit stating the amounts
of his earnings and unemployment compensation during the appli-
cable period, attaching such documentation as may be available to
him, to the Director of Personnel within 10 days of the date of
this order. If the City wishes to challenge the amounts stated
therein it shall file the affidavit and its challenge with this
Board within 10 days after receipt of Leydon's affidavit. This
Board shall retain jurisdiction to decide any such controversy
for a period of twenty days from the date of this order. If no
challenge is filed with this Board within that twenty day period,
this decision shall become final and subject to judicial review
as of the last day of the twenty day period.
Dated this 16th day of September, 1985.
BY THE BOARD
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PRESENT:
OTHERS;
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BOARD OF CAREER SERVICE COMMISSIONERS
NOVEMBER 12, 1985
SPECIAL HEARING
Tom Fitzpatrick, Janet Kerzic, JoEllen Turner,
Cathy Pokraka, Don Weber
Stan Damua, CSB Attorney
Jack Olsen, City Attorney
Councilman Higday
Ron Beck, EPBA President
Bill Kilpatrick
Commissioner Weber called the meeting to order. Roll call was
taken and a quorum was established.
Commissioner Weber announced that the purpose or the meeting was
to discuss the language as printed in Council Bill #88. The Board
has since received a revised copy, Council Bill 88.l, which still
contains some language they wish to discuss. A letter !rom City
Manager Andy Mccown dated November 12, 1985, regarding the
rewriting of council Bill #88, was read into the record.
Commissioner Weber referred to Council Bill 88.1, a revision of
the original council Bill 88. City Attorney Jack Olsen gave the
Board an even more up-to-date copy, which had no mention of the
the career Service Board. City Attorney Olsen explained that his
office had drafted the original Council Bill #88 soma time ago
and ha !ailed to check the wording properly and extended his
apology to the Board.
A letter from a Police Committee dated November 11, 1985,
regarding the New Hire Money Purchase Plan was entered into the
record. This letter stated the Police would like to withdraw
from the old plan and participate in the new one as proposed in
Council Bill #88.
The language of the new revision was reviewed by career Service
Board Members. Attorney Damus asked Attorney Olsen to point out
changes. It was again noted that all mention of the Career
Service Board had been deleted from the ordinance ••
Commis sioner Fitzpatrick noted that in his opinion the Career
Service Board has no objection to the Police Pension Plan but
rather the quote in the paper stating the Board had approved and
held a hearing, when they had not, nor had they even received a
copy of the Resolution/Ordinance !or review.
Ron Beck and Bill Kilpatrick were present to verify that Police
asked the City to consider the Police Pension Program and the
City very willingly accommodated the Police.
commissioner Weber suggested that the section relating to
approval of career service Board be completely deleted so time
deadlines could be met since the Board would not have time to
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hold public hearings, etc. City Attorney Olsen assured the Board
that it was planned to delete that section.
Commissioner Turner would like it to be noted that there seems to
be a lack of communication between the Board and th• Council. Our
attempt to notify someone that there was an error waa viewed aa
"trouble-making". Commissioner Fitzpatrick expressed that on
behalf of the Board this meeting was called to assure that
something like this did not happen down th• road and had it gone
through unnoticed, it would have been qroosely in error.
Commissioner Pokraka would like the record to state that when the
Career Service Board was initially approached, they were informed
by Assistant City Manaqer Varqas that the Board's approval was
not needed and that he waa not requestinq a hearing. When the
Board Members saw the Council Bill in print, they became
concerned.
Commissioner Weber asked for further comments and Commissioner
Fitzpatrick aoved that the record reflect the Board had received
th• revised Council Bill 188.l, replacinq Council Bill 88, and
pending the public hearinq to be held by City Council there would
be no objection. Commissioner Kerzic seconded, a verbal vote waa
taken, and there was no opposition.
Co11miaaioner Pokraka would like the Board to be represented at
the hearing. Thia will be discussed at another time.
Councilaan Hiqday stated he would not have known there was an
error and thanked the Boar~ for callinq it to the attention of
the Council. He apoloqized for the error.
Commissioner Fitzpatrick moved to adjourn into Executive Session.
C/JpJ£m.w~
Don Weber, Chairman
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PRESENT:
OTHERS;
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BOARD OF CAREER SERVICE COMMISSIONERS
NOVEMBER 21, 1985
REGULAR MEETING
Janet Kerzic, JoEllen Turner, Cathy Pokraka, Don
Weber
None
Commissioner Weber opened the meetinq. Roll call was taken and a
quorum was established.
The first item of business was approval of the minutes. After
discussion about the minutes, Commissioner Turner moved to have a
special meetinq on November 25, 1985 for the purpose of approving
corrected minutes. Commissioner Pokraka eaconded and the vote
was unanimous.
The minutes for the February 12, 1985 meetinq were presented.
Commissioner Pokraka moved and Commissioner Kerzic seconded. The
vote was unanimous with one abstain.
Item three on the aqenda was Association's Choice. Lat the
record reflect that noone was present.
Lat the record reflect that noone was present from the City
Manaqer'• office.
The budget was reviewed and the following bills were presented:
Cockrell, Quinn & Creighton -$1,740.85 Commissioner Pokraka
requested the Board request further explanation from Mr. craiq on
the charqea for 9/20 & 9/30, total of 1.7 hours. Commissioner
Weber suqqested that those hours be deducted from the bill and
the remainder of the bill be approved for payment with a letter
to Mr. Craiq requesting that a further explanation is needed
since qthe Board had accepted his resignation at the September
meetinq. Commissioner Turner moved and Commissioner Kerzic
seconded. The vote was unanimous.
Damas and Smith -$87.50 Commissioner Weber suggested that Bev
call the law office and obtain a clarification of the charqes.
Next item of business was Rules and Regulations. Commissioner
Turne~ suqgested that this item be held for the January aqenda
since Tom Fitzpatrick was not in attendance.
Last item under old business was FPPA. This was an error on the
aqenda since it has been addressed at the November 12, 1985
meetinq.
Commiss i oner Pokraka suqqested a formal notification be send to
all parties necessary statinq that any notification to the Board
must be made throuqh the Board's Secretary, Chairman or Board
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Member before it is considered official. The Board's Attorney
will not under any circumstances be considered formal
notification to the Board. Chairman Weber suggested that when a
Attorney is hired by the Board quidalines will be given to that
person so there will be no misunderstanding. Commissioner Pokraka
will prepare a letter and the Board will take further action at
that time.
Commissioner Pokraka had some clerical issues that had been
discussed soma time ago and felt it was necessary to alert Bev of
those. Clerical procedures will be discussed at the meeting next
week.
Since no unscheduled visitors were present, the meeting was
adjourned.
Don Weber, Chairperson
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PRESENT:
OTHERS;
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BOARD OF CAREER SERVICE COMMISSIONERS
NOVEMBER 26, 1985
SPECIAL MEETING
Janet Kerzic, JoEllen Turner, Cathy Pokraka, Don
Weber
None
Commissioner Weber opened the meeting. Roll call was taken and a
quorum was established.
The purpose of the meeting was to review and approve the
following minutes:
July 25, 1985: Commissioner Turner moved and Commissioner Pokraka
seconded to approve these minutes with the following amendments:
Page one, paragraph 4, last sentence should read "The City feels
it involves assignment of employees".
Page two, paragraph 1, should read "Mr. Vargas responded that it
was an item the City presented as an element of the total
package".
Page three, paragraph 2, was questioned as to a second to the
motion by Commissioner Fitzpatrick. Recording Secretary Bev
Bjugan verified that there was no second to that motion. The vote
was unanimous.
Commissioner Pokraka would like the recording secretary to check
the tape to see if the Board mentioned why they went into
Executive Session.
July 31 August l and 5, 1985: Commissioner Pokraka moved and
Commissioner Kerzic seconded to approve with the following
amendments:
Page one, paragraph three last sentence to read "It was agreed by
all parties concerned that Mike Smith would not be called as a
witness in view of the shared office with Mr. Damas." The vote
was unanimous.
August 6 and 7, 1985: Commissioner Pokraka moved and
Commissioner Kerzic seconded to table these minutes until a
clarification can be made as to when the motion was presented by
Jack Olsen. The vote was unanimous.
August 8 and 15, 1985: Cownissioner Turner approved and
Commissioner Pokraka seconded to approve the minutes of the Ivory
O'Roy appeal. The vote was unanimous .
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August 15, 1985: Commissioner Pokraka moved and Commissioner
Kerzic seconded to approve the minutes of the Steven O'Neal
hearing. The vote was unanimous.
August 15, 1985: Commissioner Kerzic moved and Commissioner
Turner seconded to approve the minutes of the Leydon Hearing.
The vote was unanimous.
August 20, 27, and September 16, 1985: Com.missioner Pokraka
moved and Commissioner Kerzic seconded to table the minutes
regarding the Leydon case since one of the members present during
that hearing was not present at this meeting and a quorum cannot
be constituted. The vote was unanimous.
September 19, 1985: Com.missioner Pokraka moved and Commissioner
Turner seconded to approve the minutes of the regular meeting
with the following amendments:
Page two, paragraph 4 for this record should reflect that the
correction was made in the original set of minutes, not at the
September 19, 1985 meeting.
Page three, number 2, should read, "Since the Board views this
Section as a redundancy of Section 3-l-4d3F, why is it
necessary."
Some typographical errors were noted and should be changed.
October 16, 1985: Com.missioner Kerzic approved and Commissioner
Turner seconded to approve the minutes with the following
amendments:
Page one, paragraph two, sentence one, should read, "Chairman
Weber read the letter from the EEA notifying the Board that they
were at impasse."
Page two, paragraph two, last sentence should read, "Therefore he
suggested a mediator. Chairman Weber suggested discussion
between the Employee Relations Department and EEA so that
information could be gathered earlier and Spring negotiations
could be resUll\ed instead of agreeing to delay negotiations until
the Fall."
November 12, 1985: Commissioner Kerzic moved and Commissioner
Pokraka seconded to table these minutes until Commissioner
Fitzpatrick is present. The following amendments were noted:
Page two, paragraph 2, sentence one, should read, "Commissioner
Turner would like it to be noted that there seems to be a lack of
communication between the Board and the Council. our attempt to
notify someone that there was an error was viewed as
"trouble-making".
Page two, paragraph 3, should read, "Commissioner Weber asked for
further comments and Commissioner Fitzpatrick moved that the
record reflect th• Board had received the revised Council Bill
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#88.1, replacing council Bill as, and pending the public hearing
to be held by City council there would be no objection.
Commissioner Kerzic seconded, a verbal vote was taken, and there
was no opposition.
The last order of business was the bill for Damas and Smith. Bev
reported that the $87.50 was erroneously deleted from the
original bill and an itemized statement will be forthcoming.
Commissioner Weber asked about the status of the checks. A
clarification of the ordinance was reviewed and it was noted that
Commissioners only receive a check if they are in attendance. It
was also noted that Commissioners had not received checks for
October or November and those will be forthcoming.
Commissioner Pokraka asked for the following Clerical Procedures
to be established:
1. We need the following information with an appeal:
-A copy of the appeal letter/form.
-Letter of notification to the employee
of their right per ordinance to appeal.
Thia is needed to determine the timeliness
of the appeal.
-Don't want communication between City Manager
and/or Supervisor to employee of the
action taken as it may sway the Board's
decision.
Commissioner Weber suggested the Board draft a letter to the City
Manager outlining exactly what information the Board needs.
After the first of the year a meeting will be held for this
purpose.
2. Let it be established that formal notification has not taken
place unless the Recording Secretary, Chairperson, or Board
Member has been notified. Notification to the Board Attorney is
not considered official. Commissioner Pokraka is drafting a
letter to be sent to those involved.
3. Recording Secretary is to contact the Chairperson or Board
Member immediately upon receipt of any notification to ask
whether it is essential to send out immediately.
4. The following people should be notified of all Board
functions:
Board Members
City Manager
City Attorney
Employee Relations Director
Three Association's President
The Appellant
The Appellant's Attorney
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Recording Secretary was asked to order a stamp with Career
Service Board on it, to be used tor all correspondence coming
into the office.
5. Post all agendas and notices of hearing dates. Set up an
agenda tor each meeting. All should be posted 24 hours ahead.
It was suggested that the Recording Secretary get a roll of
stamps tor mailing. Bev notified the Board that a Petty Cash
fund would have to be established and thia would cause some
problems. It waa decided it would be better to have Bev take all
mail to the Englewood Poat Office to speed up the proceaa.
Commissioner Weber entertained a motion to adjourn. Commissioner
Pokraka moved.
~n-iw~
Don Weber, Chairperson
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BOARD OF CAREER SERVICE COMMISSIONERS
DECEMBER 17, 1985
SPECIAL MEETING
PRESENT: Janet Kerzic, JoEllen Turner, Cathy Pokraka, Tom Fitzpatrick
ABSENT; Don Weber
OTHERS; Mel Bevirt, Employee Relations Director
Searl Brier, Personnel Analyst
Leon Kuhn, Assistant Dir/Parka
Colleen Stowell, City Forester
Commissioner Pokraka opened the meeting. Roll call was taken and a quorum was established.
The purpose ot the meeting was to approve the exclusion ot the
City Foreater from th e Da rgaininq Unit.
Searl Brier, Personnel Analyat ot Employee Relation• Department
was present to explain that the dutiea ot the City Forester no
longer qualities that position to be part ot the bargaining unit.
The major reason was d 11 c to the supervisory and managerial role ot that position.
Commissioner Pokraka r e qu ested a stipulation from the union
giving their permission to exclude this position. Recording
Secretary Bev Bjugan expl ained that Peter Juenemann, President of
the Employee Assoc ia t i_nq ca lled her today stating that he had
received notification -. Lhe meeting and was unable to attend the
meeting, but the union h a d no objection to the change.
The Career Service Bn ~~d Members requested a written atipulatad
agreement okaying th e lJ.a nsfer to be presented at the regular meeting ot the Board in J anuary.
Searl Briar also no t ed th a t Colleen Stowell, current City
Forester is not a mr. ci f the EEA and does not pay dues.
Ne xt item on the a g e 11
present.
A bill from Dama s & <
for services rel at c·1
Commissioner Turn c 1
payment of this b i l 1.
to check the hourly l
and get an itemized ~
present it at the J '
The following min ut cG
approved at last r c r'
1.1a s unscheduled visitors. No one was
'1· i n the amount ot $363.75 was submitted
•li c e Impasse issue in September, 1985.
,'nd Commissioner Kerzic seconded the
'· vo te was unanimous. Bev was requested
. of all persons who performed services
(lnwn of the previous $87. 50 charge and r.•cctinq.
· c signed. All these minutes were
.,,eet i ng:
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July 31, Auqust 1 and 5 , 19 85 -Shift bidding procedures
September 19, 1985 -r "n l a r Meeting
August 15, 1985 -S 1:'.' · o 'N eal
Auqust 8 and 15, 1 9 8:' .,. Roy
July 25, 1985 -Re -:r ·' · · t:ting
October 16, 1985 -L ' a sse request to Board
Auqust 15, 1985 -L e·. "Otions
Commissioner Kerzic
seconded and reque s I:
members after.
' to adjourn and Commissioner Fitzpatrick
c ut five minute meeting with Board
~_, C?~,,h-
Cathy1>*aka, Act.i · '· ;_pe:rson
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ENGLEWOOD LIQUOR LICENSE AUTHORITY
Minutes
September 18, 1985
Th e meeting was called to order at 7:35 p.m. by Chairman Styes.
PRESENT: Heinle, Lunders, McLaughlin, Waddell, Styes.
ABSENT: None.
The Chair declared a quorum present.
* * * * *
HEINLE MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE MINUTES OF THE
MEETING OF AUGUST 21, 1985. Upon a call of the roll, the vote resul ted as follows:
Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes.
Nays: None.
The Chair declared the motion carried.
* * * * *
WADDELL MOVED, LUNDERS SECONDED A MOTION TO OPEN A PUBLIC HEARING TO
CONSIDER A SPECIAL EVENTS PERMIT FROM ST. LOUIS CATHOLIC CHURCH, 33 10
SOUTH SHERMAN, ON OCTOBER 27, 1985. Upon a call of the roll, the V O e r e sulted as follows:
Ayes: Heinle, Lunders, McLaughlin, Waddell, Stye s .
Nays: None.
The Chair decl a red the motion carried.
Joan Ba umgartner, 8063 East Oberlin Place, Denver, CO 802 3 7 was pr e sen t
a n d pro v ided information concerning the applica t ion.
LUNDERS MOVED , WADDELL S ECOND ED A MOT ION TO APP RO VE THE REQUEST FOR A
SPECI AL EVEN TS P ERM I T SU BM ITTED BY THE ST. LOUIS CATHOLIC CH URCH. Upon d
call of t he r ol l , the vote r es u lt ed as follo ws :
Ay es : He i nle, Lunders, Mc La ughl i n, Wa ddel l , Styes .
Na y s : None.
The Chair d e clared the motion c a rr ied.
LUND ER MOVED, MCLAUGHLIN SECOND ED A MO TION TO CLOSE THE P UBLI C HEARIN G
FOR S T. LOU IS CA THOL IC CHU RCH; AND TO OPE N THE PUBLIC HEARING TO CO NSI DE R
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Englewoo d Liqu or Licensing Au thority
September 18, 1985
Page 2
THE APPLICATION FOR CHANGE OF LIQUOR CLASSIFICATION AND CORPORATE
STRUCTURE SUBMITTED BY FAIR LANES COLORADO BOWLING, INC, Upon a call of
the roll, the vote resulted as follows:
Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes.
Nays: No ne.
The Cha ir declared the motion carried.
Deputy City Clerk Owen presented the app lication for change of owners hip
and change of cl ass submitted by Fa ir Lanes Colorado Bowling, Inc, dba
Fair Lanes Belleview, 4900 South Fed eral Boulevard. (City Exhibits A-C)
Max Scott, Oedipus Inc, presented the results of the pet ition and sur ve y
of the designated ne igh borhood. (City Exhibit D 1-4)
Jon Stonbraker, Dill Dill & McAlis ter, attorney , represented the
applicant. Mr. Stonbraker presen ted the following witnesses:
1. Joe Schult e, 5045 South Haw thorne
2. Mar y Schulte, 5045 South Hawthorn e
3. Calvin Eichinger, General Manag er for Fair Lanes Colorado Bow ling,
Inc, at 4900 South Federal Blvd
After all testimony was received and considered,
LUNDERS MOVED, MCLA UGHLIN SECONDED A MOTION TO AP P ROVE A CHANGE OF
OWNERSHIP AND CHANGE OF CLASS OF LICENSE FROM TAVERN TO HOT EL /RESTAU-
RANT FOR FAIR LANES COLORADO BOWLING, INC OBA FAIR LANES BELLEVIEW. Upon
a call of the roll , the vote resulted as follows :
Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes.
Nays: None.
The Chair declared the motion carried.
LUNDERS MOVED, WADDELL SECONDED A MOTION TO CLOSE THE PUBLIC HEARING.
Upon a call of the roll, the vote resulted as follows:
Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes.
Nays: None.
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Englewood Liquor Licensing Au thority
September 18, 1985
Page 3
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The Cha i r declared the motion carried •
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MCLAUGHLIN MOVED, WADDELL SECONDE D A MOTION TO APPROVE THE FOLLOWING RENEWALS:
(A) EL MADERO'S INC
4595 SOUTH SANTA FE
(B) PADDY BOOTS
5180 SOUTH BROADWAY
HOTEL/RESTAUR ANT
HOTEL /RESTAURANT
Upon a call of the roll, the vote resulted as follows:
Ayes:
He inle , Lunders, McLaughlin, Waddel l , Styes.
Nays: None.
The Chair declared the mot io n carried .
• • • • •
The Authority received staff report s concerning the following items:
(a ) requ i rements for report ing an outlet manager
(b) repor t from Hilda's Cafe
(c) report on Morgan's Restaurant
(d) update on Casual Lo u nge pert aini ng to sales tax
There being no further business to discuss, the meeting adjourned at 9:00 p.m.
,.aW&~~ uty CitYlerk
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Eng le wo o d Li q u o r L i cens i ng Au thor i y
Octo ber 2, 1 9 85
Pa ge 3
Abs e nt: Heinle.
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Cha i rman Styes decl a red the moti on ca rri ed.
* * * * *
Th e Authority considered the application for renewal of a li quor licens e
s u bm i tted by the Seven-Eleven Store, 1 277 East Hampden Ave n ue . Mr. Gr i mm
st a e d h e was un a ware of any updat e on t he Seven -Ele v en S t o re s• appeal befo re the U.S. courts.
MCL AUGHLIN MOVED, LUNDERS SECONDED A MOT I ON TO APPROVE THE LI QUO R LICE NSE
RENE WAL CONTINGENT UPON THE OUTCOME OF THE APPEAL. Upon a c all Of th e roll , the vote resul t ed as follows:
Ayes: Lunders, McLaughlin, Waddell, Styes.
Nays: None.
Absent: Heinle.
Ch airman Styes declared the mo ti on c a rried.
* * * * *
WADDELL MOVE D, MCLAUGHL I N SECONDED A MO Ti o n TO RECE IVE TH E FIND INGS OF
FACT FOR FAIRLANES CO LORADO BOWLIN G , INC . Up o n a ca l l o f t he roll, the vot e resul ted as f o ll ows:
Ay e s: Lu n d e rs, McLa ughl i n, Wadd e ll , Styes .
Nay s: Non e .
Absent: He i nle .
rhairma n S t y e s d ec l a r ed the mot i on ca r ried .
* * * * *
Owen p r e s e nted a reques t from the Eng l ewood Elks Lodge to add "e x tend a hours" to t hei r li q u or li ce nse .
MCL AUG HLIN MOVED , LUNDERS SECONDED A MOTIOH TO APPROVE THE REQUEST FOR
EXT ENDED HOURS FOR THE EN GLE WOO D ELKS LODGE. Upon a call of th e roll , the vote resulted as follo ws:
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ENGLEWOOD LI QUO R LICENSE AUTHORITY
Minutes
November 6, 1985
The meeting was called to order at 7:30 p.m. by Chairman Styes.
PRES ENT: Heinle, Lunders, McLaughlin, Waddell, Styes.
ABSENT: None.
The Chair declared a quorum present.
* * * * *
The Authority reviewed a new application for a hotel /restaurant liquor
license submitted by the Broadway Southwest, 701 West Hampden Avenu e ,
Cinderella City. Messrs. Levine and Lehman were present on behalf of Broadway Southwest.
LUNDERS MOVED, MCLAUGHLIN SECONDED A MOTION TO SET THE BOUNDARIES OF THE
DESIGNATED NEIGHBORHOOD FOR PETITIONING AS FOLLOWS:
BATES ON THE NORTH
OXFORD ON THE SOUTH
BROADWAY ON THE EAST
SANTA FE ON THE WEST
Upon a call of the roll, the vote resulted as follows:
Ayes: Heinle, Lunders, McLaugh li n, Waddell, Styes.
Nays: None .
Ch airma n Styes d eclared the mot i on carried.
MCL AUG HL IN MOVED, HEINLE SECONDED A MOT ION TO SET A PUBLIC HEARING ON
THIS NEW APPL ICATION FOR WEDNESDAY, DECEMBER 11, 1985 AT 7:30 P.M. Upon
a call of the roll , the vote resulted as follo ws:
Ayes: Heinle, Lunders , McLaughlin, Waddell, Styes.
ays: None.
Cha i rman Styes declared the motion carried •
* * • • •
HEINLE MOVED, WADDELL SECONDED A MOTION TO APPROVE THE RENEWAL OF THE
RETAIL LIQUOR STO RE APPLICATION FOR THOROBRED LIQUORS, 5050 SOUTH FEDERAL
BLVD. Upon a call of the roll, the vote resulted as follows:
Ayes: Heinle , Lunders , McLaug hlin, Waddell, Styes.
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Englewood Liquor Licensing Authority
Oc tobe r 2, 1985
Pag e 4
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Ayes: Lunders, McLaughlin, Waddell, Styes.
Nays: None .
Absent: Heinle.
Chairman Styes declared the motion carried.
* * * * *
The Authority instructed Owen to h a ve the transcripts prepared on the
El Tepehaun revocation hearing held on July 31, 1985.
* * * * *
There being no further business, Chairman Styes adjourned the meeting at 9:00 p.m.
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Englewood Liquor License Authority
November 6, 1985
Page 2
Nays: None.
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Chairman Styes declared the motion carried.
* * * * *
Transcripts of the El Tepehaun Restaurant revocation hearing were
transmitted to the Authority for their review.
* * * * *
There being no further business, Chairman Styes adjourned the meeting at 8:25 p.m.
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ENGLEWOOD LIQUOR LICENSE AUTHORIT Y
Minutes
November 20, 1985
Th e mee ting was called to order at 7:3 0 p.m. by Cha i rman Styes.
PRESENT: Heinle, Lunders, Waddell, Styes.
ABSENT: McLaughlin.
The Chair declared a quorum present.
* * * * *
The Authority reviewed the transcript of the revocation hearing for El
Tepehaun Restaurant and instructed Owen to make sure the correction s are ma de by the court reporting agency.
* * * * *
The Authority considered the renewal of the hotel /re staurant liquor
license for Round The Corner, 701 West Hampden Avenue. Mr. Gr imm no ted a
discrepancy in the reporting of birthday dates for one of the officers.
WADDELL MOVED, HEINLE SECONDED A MOTION TO APPROVE THE RENEWAL SUBJECT TO
VERIFYING AND CORRECTING THE BIRTHDAY DATE FOR GREGG J. HAWKINS. Upon a
call of the roll, the vote resulted as follows:
Ayes: Heinle, Lunders, Wa ddell, Styes.
Nays: No ne.
Ab sent: McLaughlin.
Chairman Styes declared the motion carried .
* * * * *
The Authority considered the renewal of a 3 .2 beer retail liquor li cens e
for S afeway Stores , Inc , 20 1 Bast Jefferson Avenue. The Authori t y n o ed
the re porting of a suspension in another store and queried the n atur e of the s u spension .
LUNDE RS MOVED , HEINLE SECONDED A MOTIO!l TO RENEW THE 3 .2 BEER RETAIL
L IQUOR LICENSE FOR SAFEWAY STORES, INC , 201 EAST JEFFERSON AVENUE
CO NDITIONAL UPON AN EXPLANATION TO BE S UBMITTED TO THE LIQUOR LI CENSING
AUTHORITY ON THE SUSPENSION IN LITTLETON. Upon a call of the roll , th e vote resulted a s follows :
Aye s: Heinle, Lund e rs, Wadde ll , Sty es .
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P.ngle wood L i quor L i c e ns ing Au t h orit y
ovember 20 , 1 985
P a ge 2
Nay s: None.
Absent: McLaughlin.
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Chairman Styes declared the motion carried.
* * * * *
Th e Au t hority considered the renewal of a hot e l /restaurant liquor l icens e
for Araps Old Gun Shop, 3866 South Broadway. The Authority noted t he
owner indicated interest in another location (E-Z Pickens).
LUNDERS MOVED, HEINLE SECONDED A MOTION TO APPROVE THE RENEWA L S UBJ ECT Tl
CLARIFICATION ACCEPTABLE TO THE LIQUOR LICENSING AUTHORITY ON THE T YPE OF
LICENSE E-Z PICKENS HAS, IF ANY. Upon a call of the roll, the vo te r e sulted as follows:
Ayes: Heinle, Lunders, Waode l l, Styes.
Na ys: None.
Absent: McL a ughlin.
Ch a irman Styes dec l ared the mot i on carried.
* * * * *
The Authorit y r e cons ider ed the ren e wa l a ppl i c a t i on of a re tail l i q uor
store for E-Z L i quors, 3353 South Sa nta Fe . I t wa s n o ted t h at q uestion 8 (re p orti n g of s u spens i on) was i nc om p l ete.
HE I LE MOVED , LUNDERS SECONDED A MOTION TO APPROVE TH E RENEWA L
CONDITIONAL UPON THE COMPLET I ON OF QU ESTI ON 8. Upon a c a l l of the roll , he vote resulted a s follows:
!'\yes : Hei n le , Lun ders , Waddell , Styes .
Nilys: No ne.
Absent: McL a ughl i n.
<::hairma n St yes decla r e d t he mo tio n carried .
* * * * *
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Englewood Liquor Licensing Author it y
November 20, 1985
Page 3
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There being no further business, Chairman Styes adjourned the meeting at 8:20 p.m.
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Minu t es
L i q u or Li ce n se Au t h o ri ty
December 11, 1985
The meeti ng was called to order a t 7 :30 p.m. by Cha i rman Styes.
Present: S tyes, Lunders, Waddel l , Heinl e
Abse n t: McLaughlin
The Chair declared a qu o rum present.
WADDELL MOVED, HEINLE SECONDED A MOTION TO APPROVE MINUTES OF THE
OC TOBER 2, 1985, NOVEMBER 6, 1985 ANO NOVEMBER 20, 1985 MEETIMGS,
Ayes:
Nays:
Absent :
Styes, Lunders, Waddell, Heinle
None
McLaughlin
The Cha ir declared the mo t ion carr i ed.
* * * * * *
HEI NLE MOVED, WADDELL SECONDED A MOTION TO OPEN THE PUBLIC HEARING TO
CO NS IDER THE GRANTING OF A HOTEL/RESTAURANT LIQUOR LICENSE FOR:
Carter Hawley Hale Stores, Inc.
dba Broadway Southwest Dept, Store, Ltd.
db a Broadwa y Ca f e Cook & Co.
701 West Ham pd en Av enue (Cinderella City)
Deputy City Cle rk Owen pr e sented to the Authority City exhib i ts
A. Ap plication & fili ng d oc um e nts
B. Publishers affidavit f or not i ce of public hea ring, and
c. Map outlining desi g nated boundary fo r pe ti tion ing a n d
indicating existing outlets within the bound ary .
Also presented at this time was the Certificate of I ncorpo r ation.
Max Scott of Oepidus, Inc. was introduced and sworn in by Deputy City
Clerk Owen, Mr. Scott presented report and specific areas surveyed.
He submitted the report as City Exhibit D reporting 86% in favor of
t he granting of said license. The 4 petitions were entered as
evi dence as City Exhibit Dl, 02, D3 and D4.
Lawrence Levine (U .S. Supreme Ct 1824) representin g the applicant was
int roduced and called the following witnesses to testify. Each
witness was duly sworn in by Deputy City Clerk Owen .
James Allen Romcevich, 3481 South Fenton fB301, Denver , CO 80277, Manager of Broadway, etc.
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December 11, 1985
Page 2
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Rick Boselli, 3534 w. 99th, Denver, CO 80221, General Manager for
Cinderella City.
Steve Simpson, 3721 South Huron, a resident within the petitioned area.
Wm. Pendleton, Sr. VP, First National Bank, 3333 West Hampden.
Michael Lowe, Manager of Gart Brothers, Cinderella City Shopping
Center.
Mr. Levine introduced and discussed the following documents.
Applicant Exhibit No. 1 -
floor plan of Broadway's first floor.
Applicant Exhibit No. 2 -
Menu for Broadway Cafe & Cook Co.
Applicant Exhibit No. 3a and 3b -
pictures of the posting of premise as requ i red.
The exhibits were discussed with witnesses with testimony revealing
they all felt the present needs of the ne i ghborhood were not being met
by the existing outlets and all were in favor of the application.
Chairman Styes asked if anyone present wished to speak in oppos ition
of the applicatio n. There was no one.
LUNDERS MOVED , HEINLE SE CO NDED A MOTION TH AT THE APPLICATION FOR
HOTEL /RESTAURANT LICENSE BE GRAN TED TO BR OADWAY SOUTHWEST, CINDERELLA
C ITY SHOPPING CENTER.
Ayes:
Nays:
Absent:
Styes, Wadde ll, Lunders, Heinle
None
McLaughlin
Th e Cha i r declared the motion carried.
* * * * • •
HEINLE MOVED, WADDEL L SECONDED A MOTION TO CLOSE THE PUBLIC HEARING.
Ayes:
Nays :
Absent :
Styes, Waddell, Lunders, Heinle
None
Mclaughlin
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Dec em b er 11, 1 985
Pag e 3
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The Cha i r declared the public hearing closed •
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WADDELL MOVED, HEINLE SECONDED
FOLLOWING APPLICATIONS: A MOTION TO APPROVE THE RENEWALS OF THE
Englewood Lodge
3690 South Jason
Hilda's Cafe
4386 South Broadway
John Ws, Inc.
The Dart Board
3467 South Broadway
Eagles
3384 South Broadway
Knights of Columbus
3800 South Windermere
Glass Bottle Liquors
336 West Hampden Avenue
M D Drug, Inc.
2895 South Broadway
Peanut Barrel, Inc.
The South
35 3 5 So uth Huron
VF W
3 8 60 So uth J a so n
Ayes:
Nays:
Styes, Waddell, Lunders, He inle
None
Absent: McLaughlin
The Chair declared the motion carried.
• • • • •
Club License
Expires 12/31/85
Tavern Li cense
Expires 12/31/85
Ta v ern L i cense
Expires 12/31/85
Club License
Expires 12/31 /85
Club Li cense
Expi r es 12/31 /8 5
Ret ai l Li quor S t o re
Expires 12/31 /85
Rtl Lqr Drug Store
Exp i res 12/3 1/8 5
Hotel /Restaurant
Exp ires 12/31/85
Clu b License
Expires 12/31/85
•
Chairman Styes a ske d the De p uty Clerk t o verify the charter date of the VFW.
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December 11, 1985
Page 4
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Correspondence from Walter Hrom, proprietor of Hilda's Cafe was
received. Consensus of board members indicted approval of
impr ovements made at the location.
Co rrespondence from Safeway Store, Inc. indicating action imposed by
the Company on employees who sold beer to a minor was accepted as
sufficient action in the matter.
Deputy Clerk Owen brought three other matters to the Authority's
attention:
1. Araps Interest in Easy Pickens was a result of a prom i ssor y
note in the sale of Easy Pickens at another location.
2. Around the Corner The correction of the birthdate of one of
the Directors was made by Deputy City Clerk.
3. Casual Lounge Non-payment of sales tax and expiration of
license.
The meeting was adjourned by Chairman Styes.
~,YJ~,
Deputy City Clerk
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Englewood Park s and Recreation CoM M1ssion
Minute s of HoveMber 11, 1905
The regular Mont hly Meeting of the Englewood Park s and Recreation
CoMMis sion wa s called to order at 5:30 p.M. by ChairMan Pool e at the
Englewood Mun icipa l Golf Co ur se Clubhouse .
MeMb ers present: Allen , Brads haw, Dounay , Higday , Kubilus,
He yer . P i ll o w , Poole, Schroeder , RoM a n s. ex
officio
MeMbers absent: Hone
Al s o present: Oou g foe. Assistant Dire ctor of P a R
Leon Kuhn , Ass istant Dire c tor of P a R
ChairMan Poole asked i f lhere were any additions or correc t i ons
to the Minute s of Oc t ober 10 , 1905. Th ere were non e. A Motion wa s
Made a nd s econded that the Minutes be approved as presented. The
notion pass d .
Ass istant Director Kuhn pas se d out and re viewed co pies of staff 's
reco ...... endalJon s for a park sheller perMit. fee s policy. Discussion
1nc l uded size of group s reserving park s h el t ers or a ny park facL 1 L ty,
groups exeMpt of fee s, e nforcing park reservation pol1 c ie o, etc.
CoMM iss1oner S chroede r ske d whether or not the park perMil &s a legal
contract. Director RoMdO S s tated that prior to the tiMe that the park
•,hPl l e r reservat ion was 1nst19aled a nuMber ll'f year s !JO, he had th e
policy reviewed by th City Att o rney nd wa s inforM d that the perM1t
legal nd binding. There wa s s oMe di sc u ssi on con cerning 11ab1l1ly
for a fa c Ll1ly wh e r e s ervi c es are s old lo the publ1 (1.e., Re crea l1 o n
Cen t er) ~ opposed to free publ1 c access to park f ac Ll1t1 es.
q lated lhat th Cily would be liable if any City fa c1l1 ty l b not k pl
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''"·•:>o".:>h l y :;a f e, wh e 1.her or not t h ere is a charge for use. RoMans
r-. p l ,., ncd that al 1 Park s and Re c reat1 on fa c J.l i lies Must be c ontinually
"'" nl.11.n e d to i n s ure public safety.
fo llowing caref ul review of the park facility inforMation and
r1qu1reMent s s h ee t p assed out by Assistant Director Kuhn , CO MMis sio ner
Or·a d s haw Ma de a Mo tion. sec onded by CoMMi ssioner All en, to recoMMend
to City Counc il that the park fac ility policy be approved. The Mot ion
passed. See attached park facility policy.
Assistant Oirector foe reviewed the Recreati on staff•s
reC OMMended recreation fee policy wh ic h wa s requested i n a MeMo fr o M
City Hanager McCown . In es t a bli s h ing this new fee policy. f oe
e x plained that it wa s n ecessary to s urvey other Metro area prograM
f e es in order to d e terMine a fair Market value for pricing of
Engl wood recreat i on prograMs. foe s tated tha t s taff 1 s recOMMend ing
tha t fees a l so should be ba se d on no le ss than a Min i MUM r eve nue
rec overy of 1 OOY. f 01-a du lt pro gr a M co s t s , and recoMM end1 ng to i n crease
yout h direct prograM c os t s froM ZSX to 35X. I t is be ing recoMMended
tha t a s urvey will be c onducted Ln October of eac h y ear of Metro area
p r o g r a.. fee s to d c terM.ine the fair Market value for Eng l e wood
foe s tated that a s urvey is pre s ently be1ng c ond u cted s o
that new fee s chedule can be lMpleMented for the S pring 1986
b r o c hu re. There was s oMe d isc u ss1on regarding a youth pr o g raM fe e
bre k for f a M11L es wLlh sev e r a l c hi l dr e n whi c h Might pl ace a ha rd s hip
on the f a Mi ly. f o e s tat e d tha t th is ca n b e handled 1n th e s a Mr way
lha t lo w -~n c oM e faM1l ies are n o w h an dl e d 1n n ll o t th r p rog raMs. Th e
As i;1 s t a n t 01rector do es allow c e r l .:n n f ee hr e ak s lo J nd 1v1 dua l » who
t.a n no t ...,f fo r·d the f ees c harged.
1cv1 we d a nd c onf1rM c d .
ThL ~ 1 s d o n e o nly a ft r l h r c d e 1s
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Hssis lant Director F o e p as,e d ou t c op ies o f an article t h a t
Hppeared &n a recen t CP RA Byl i n e p ublica t ion e n ti tl e d "Prici n g Yo u r
Courses" wh ich list s s oMe gui del i n es for se tting fee s for non -cre dit
recrea t i o n -t yp e classes.
Aft er soMe disc u s s i on. CoMM issi oner Allen Made a Motion. s econded
by COMM i ssi on er Do una y . to rec oMMend to Ci . ty Counc i 1 that the
Recrea t i on F e e P o licy . as pres ented by the Recreation s taff. be
a ppr o u e d. Th e Motion pa s sed. Se e attac hed Recreation Fee Poli c y .
Dire c tor Ro Man s r e ported on the progr e ss of the South Platte
Ri v er trail froM We s t HaMpden Au e nue to We s t Oxford Au e nue. He
s t aled , that the new bri dge foundat i on has been poured , and the
c onc rete path ha s bee n poured froM HaMpd e n Auenue up to the golf
co u rse wa lk br i dg e near Ox f ord Au e nu e . RoM a n s s tate d t hat loc at i on s
h aue b ee n es tabl ish e d for th e protective f e n ci ng wh i ch wi ll b e put up
at th e Mo st d a n ge r o u s p oi nt s a long th e trai l to prot ec t the hikers and
b i k ers f r o M gol f b a ll s. R0 Ma n 5 warn e d tha t s inc e th e golf c our 5e wi ll
b e accessi bl e froM t he t r a il , there Ma y b e a p ossibil i ty o f a gr ea t
dea l of ua ndal isM to the golf c ourse i n the n e ar futu re, e s p ecia lly
d u ring the n i ghtt 1M e h o u rs . Th is wi l l nee d to be a d d r esse d Lat e r wh e n
t h e a Mo unl of d a Mage Material i zes. Al Dire tor RoM ans s u gges t ion . lh e
Co MM LSsion agree d t h at the y wou l d like lo tour t he portion of the
trail between HaMpden and Oxford Avenue s at a future dale .
Direct.or RoMans pas se d out and di scus s ed a rev&sed golf co urse
t our naMenl fee s and charges sc hedul e for 1986. RoMans exp ) <Hnetl lha l
in lhe ordinance passed by City Council the green fees and c art fee
in c rea s e of Sl.50 h ad not b een reflected in t h e lournaMent. f ees lot.a l
ln th e urd Jnance that has been pa ssed by City Council. RoMan s s tat ed
that. a t lhe suggest.ion of City Manager McCown, he wi ll s end a Me Mo lo
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f1ly Council requesti ng that the tournaMent fee totals be increased to
r or respond with the i n crea se tha t wa s Made 1n the gr een fees.
Ass istant 0 1 rector foe reported that CoMM1ssioner Oounay spoke
with Larry His bet of Englewood High School concerning the possibi lity
of t h e Recreation Center u si ng the schools floor Mats in order to
accoMModate a larger nuMber of parti ci pant s in the fitness classes at
the Recreation Center. foe stated that Hisbet inforMed Recreation
Center Director Ken Ballard that the schools are using all t h e Mats
for school prograt"Os. foe also s tated that. after talking with Mr.
Hi sbet. the Mat s would need to be c ut to a half-circle pattern to f it
t he fitne ss rooM , and he felt. therefore . that the Mats would not
serve the needs of the Recreation Center.
Assistant Direc tor foe reported on Making the Recreation Cen ter
pool More adaptable for u se by lhe handicapped as wa s requested by the
CoMMi ssi on a t the October Meeting. foe s tated that the pool does have
se veral featur es to acc oMModale the handi ca pped u s er: 1 ) s t a irs
across the s outh end of the tea c hin g a r ea of the pool which aids in
teaching Method s ; 2> water s k1 b el l s have been purc ha se d for u se by
the h ndica pped ; 3> ther e is a h a nd -c rank lift to ra1se a nd lower the
individual into and out of th wa l er; 1) deck guller 5 are built for
th e convenience a nd ease of getting into and out of th water; 5> a
lhl"rapeutic ladder ha s been ins talled Jn t h e p ool. CoMMJ SS J L'ner
Ouun y sked if the school s are ware that lhe Rr reat1on CPn l er pool
hu .• thrse fea ture s and staled that there are several h and1cappcd youth
111 the .chool dis t r1ct who would benefit fro M the tacl11ty .
fOl"'IMl ss1 oner Br dshaw suggested that the aq u at1 c recr eu l 1 un 1 e ..>drr ,
John Havr t11. be co ntacted by the scho ol ·11e c 1 al e ducal10 11 ::>taff lo
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s c_·e what ar..-angen cnts night be Mad e to accoMMod a te the h a nd icapp ed
s tudent.::..
There was son e discussion wi th regard lo can celling the De ceMb er
Conni ssion Meeting . Director RoM a n s s taled that u s u ally De c eMbe r is
s o bu s y wi th Chr1stMas activities that the COMMi ssi on , i n the pa st,
has ca n cel led lhe ir DeceMb er Meetings. CoMMissioner All en Made a
Motion. sec onded by COMMissioner Bradsha1.1, lhat unle ss a special need
ar1 ses. there w1 l l be no Par·ks and Re c reation CoMMi ssion Meet ing i n
Oe c rMber. The notion pa sse d.
Under CoMMi ss ioner's c ho ice. CoMM1 ss1oner Bradshaw asked for t h e
n unb er o f part icipa nt s in the Junior a nd Seni o r flMeri can prograMs for
the last t wo y ears. S h e s tated that s he i s interested i n the
po ssi bilil1es of expandi n g the pr ograM.
Th e probleM of trans portation of senior citizen s to and fron
Malley Ce nt er wab brought up. Assistant Di rec tor roe exp l ai ned that
taxi co upon s for se nior citizens are a vaila bl e at the Malle y Senior
Re crea tion Center for this purpose. D1 r·ector ROMans s lated there is
$10 ,000 budgeted for the taxi c oupo n progr M. CoMM issio ner Bra d s haw
s taled s he would lik e t o see th e prograM xpanded t o incl ud e n ore
[nglewood citizen s .
ConM iss1oner S hroeder s taled that, b eca u se of hi s c oncern with
the landscaping of the Hanpden and Santa re inlerchang • he wou l d lik e
lo s ee oMe pl a n s of lhe S tate Highway DeparlMenl"s oal b with re~ard
lo r cons tru c tion of San t a re Dr. As to the l1Ming, Dir ctur ~DMun
1 nf urned the CoMMl s:n on that other flrOJ eel in the Metr o area have
taken pr1 or1 ty. and when fund:s becoMe ava1 labl e. ti re H1 g hw v
0f>partMent will begin construction 1n n!jl wood .
d1s<eus lon con cerning th e C1ty d1l ch water rights near lhe lnl Prchcrnue
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••h1 c t. c ould ai d i n the land s caping of the interchange. Direct or
~oMans s tat ed he would look into this po ssi bility.
Co MM iss ioner Sc hroeder left the Meeting at 7:25 p.M.
Ch a1rMan Pool e s tated it 1s h is under s tanding that the land eas t
of the golf c our se. which has been propo sed as the sight of s oftball
field s fo r the Re c reat ion OepartMent. is being considered as part of
the City's econoMi c plan to obtain More revenue and could possibly be
s old for industrial developMent. He stated he would definitely be
011posed to the sale of any of the City• s open land for industrial and
c o MM ercial purposes . The CoMMi ss ion discussed the possi bilities of
o btaining funds for the construction of the softball fields. RoMan s
s tated that he will discuss with City Manager McCown the po ssi bil ities
of applying for a grant frOM the Water Conservation fund to assist the
Ci ty in cons truct ing these fields.
There wa s S OMe discussion concerning the h iring of a neLJ Golf Pro
for the Englewood Golf Course. Th ere LJa s soMe c oncern ex pre ssed by
the COMMission that th ~ new Golf Pro should be More responsive to the
n e ed s of the Englewood WoMens Golf Club.
The Meeting wa s a journed at 7:10 p.M.
Linda Wilk s . Recording Sec retary
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ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3535 S. Sherman -Englewood, CO 80110
Minutes
December 11, 1986
Board Members Present: Boselli, Coleman, Green, Kaufman, Mausolf, Oswald,
Pendleton, Tomooka
Board Members Allsent: Otis
Staff Present: P. Dietrich
Guests: Dorothy Dalquist, Susan Powers
The regular meeting of the Englewood Downtown Development Authority Board
of Directors was called to order by Chairman Bill Pendleton at 12:07 PM on
December 11, 1985.
The minutes from the previous meeting were presented for approval. Mr.
Kaufman moved, seconded by Mr. Tomooka, to approve the minutes from the
November 13, 1985 regular meeting. The motion was passed unanimously by
voice vote.
Treasurer's Report -Mr. Green presented the Treasurer's Report, Year-to-
Date Revenues and Expenditures, dated October 31, 1985. Mr. Kaufman moved,
seconded by Mr. Mausolf, to accept the Treasurer's Report. The motion was
passed unanimously by voice vote.
CHAIRMAN'S REPORT
Mr. Pend leton noted that a letter from Mr. Gar y Christopher had been publi s hed
in the Englewood Sentinnel that had very negative comments regarding the redevelop-
ment efforts in the downtown district. He and the Director wrote a response to
Mr. Chris topher and al s o a copy was mailed to the newspaper in response to some
of the misinformation. A copy of this r e ply was included in the Board's packet.
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Page Two
Minutes
December 11, 1985
DIRECTOR'S REPORT
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Parking Lot Maintenance -There has been a question raised by our insurance
company as to an existing maintenance contract with the City on the parking lot
that is owned by the EDDA at approxiamtely Lincoln and Old Hampden. They are
requesting a maintenance contract to properly insure the Authorit y . The City
is questioning the area of responsibility for this maintenance. Until this
can be resolved, the Board gave the Director authority to sign a month-to-
month maintenance agreement to provide maintenance on our portion of the parking
lot until a final agreement and arrangement can be reached with the City of Englewood on this matter.
Mr. Coleman raised the question as to whether or not parking can be limited, per-
haps for two hours. Many times , cars are parked for over twelve hours in some of the City's parking lots.
Sidewalk and Tree Maintenance -There is some concern about the survival of the
new trees on Broadway during the winter months. It is important to use the
proper ice and snow removal chemicals that will not harm the new trees. Dorothy
Dalquist prepared a flyer that EDDA could use in distributing this information.
Most of the merchants affected indicated that they appreciated this information.
Marketing Study -Update -The Director reported on the status of the Marketing
Study. The report from Phase I was received from Rocky Mountain Research Institute
in early October. After preliminary study, some modifications were made and
RMRI completed these and redelivered the report on December 12. During this time,
Susan Powers, Jim Bowers, and Penny Dietrich reviewed the issues to be considered
that were outlined in the report. This interpretation will be finalized for the
Board's presentation in January. It will include these issues as they relate
to the present and future plans of the downtown district.
Downtown Promotion -To present accurate and up-to-date information on the
downtown developm ent activities, it was suggested to have informational meetings
fo r merchants, property owners, and other interested parties after the first of
the year. It is hoped that a more aggressive promotional campaign can be
developed for the entire image of downtown Englewood and particularly for the
r edevelo pment project. It was the consensus of the Board to actively pursue
a positive identity and promotion of downtown Englewood .
One of the criticisms to date of the Trolley Square is the cost of a lease. It
was suggested to contact the leasing agent to see whether or not he could offer
incentives to begin filling the vacant spaces. Some suggestions for Trolley
Square were jewelry stores , a tall women's store for clothes, and restaurants.
The EDDA will keep in touch with Lew Teperegarding any development and new interest in this project.
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Page Three
Minutes
December 11, 1985
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Susan Powers noted that two large signs, denoting the entranceways to the
Trolley Square, will be placed at Englewood Parkway and Broadway and also at
the Parkway and Route 285. This will help identify the entire redevelopment
area and note that there are some very real plans for the area.
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Other -Because of the holiday on January l, it was decided to have the
regular Board meeting on January 15, 1986.
DRCOG -The EDDA will apply for an Innovation Award, Cooperative division,
in 1986 for our South Broadway BEautification Project.
AS there was no further business, the meeting was adjourned at 1:10 PM.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
December 17, 1965
Cl\LL TO ORDER.
The regular meeting of the City Planning and Zoning Commission
was called to order at 7:00 P. H. by Chairman Walter Stoel.
Members present: Allen, Barbre, Beier, Carson, Gourdin,
Magnuson, Hesa, Stoel
Also present:
Members absent: Mulhern
D. A . Romans, As si stant Director of Community
Development
Hary Alice Rothweiler, Planner I
II. .l\PPROVaL OF MINUTES.
December 3 1 1965
Chairman Stoel stated that the Minutes of December 3 1 1965 were
to be considered for approval.
Carson moved:
Beier seconded: The Minutes of December 3, 1965 be approved as
written.
AYES: Barbre, Beier, Carson, Gourdin, Mesa, Stoel, Allen
NAYS : None
ABSTAIN: Magnuson
ABSENT : Mulhern
The motion carried.
II I. DON CMERON
Subdivision Waiver ........ , .................. Case #3 2 -8 5
Planned Development .......................... Case #33-8 5
Hr . Stoel stated that it appears there is nothing further before
the Commission on either of these two cases which have been
continued before the Commission for some time. He asked if staff
had any comments rega r ding these cases .
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Mrs. Romans stated that thP aonlicant ha R not b e en a ble to
s;it1sfv the rea ll iremf>nts of the llrban Drainaa f> D1str1rt. and the>
staff h as told thP an nlicant that th matter wil l not b e bro u ah t
back to thP Commiss i on until lhP problems w ith thP Ur an Dra1n a ac
D1str1rt have bf>en resolved . Th e an nlicant has askpd that the
matter be co nt1nu e d befo re the Commissio n . Mrs . Romans aareed
that jt has been some time sjnce the initial h Pa r1na before the
Commission, and s tated that it would be un to the Com m1ss1on to
determ ine wheth er they should continue the hearjn a on the Pla n n ed
Develonment/Su bd1v1s1on Waiver , or whet he r t he ao olicants should
start the orocess anew when the problem s a r e re solved .
Mr. Mulh er n enter ed the meet1na and took his seat wi th the
Comm155ion .
Mr. S toel stated that it i ~ hi s personal 001n lon th a t th e h e ar1na
on thPse matter5 has be en cont1nued l o ne enouah , and that the
Commission should end considerat1on of these reaue st s at this
t1mp: the aoolicant can beain the orocP ss anew at a late r d ate if
he so desires . Mr. Carson stated that he was in aareement w jth
Mr . Stoel.
Carson mo ved:
Barbre seconded: The Public Hear1na on Case5 32-85 and 33-85 be
closed .
AYES: Beier . Carson , Gourdin . Maanuson , Me.·a. Stoel, Allen.
Barbre. Mulhern
NAYS: None
AB STAIN: None
ABSENT: No np
The motion c ar ried.
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Carson moved:
Gourdin seconded:
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The Planninq Commission has determined , in
view of the ttme that has elaosed since the
Public Hear i nqs on these two cases were
initially ooened , and the fact that there has
been no resolution of the problems between the
applicant and the Urban Drainaoe District ,
that cons i derati o n of these two cases bv the
Commission shall cease as of this date; the
aoplicant c an reaoply for cons1derat1on at a
later time tf he so wishes.
AVES: Carson , Gourdin . Ma anu so n , Me !!a 1 Stoel , Allen , Barbre ,
Beier , Mulhern
NAYS: None
ABSTAIN: None
ARSENT: None
The motion carried.
JV . ~JUY _ill;.1; __ J H ~
Conditional lis t"?
Carson moved:
CASE. #3.7 -85
Magnuson seconded: The Pub l i c He ar1 nq o n C ase #37 -85 be ooened .
AYES:
NAYS :
Gourd1n . Ma qnus on. Mesa , S t oPl, A1 1Pn
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Barbre , Beier ,
Carson , Mu lhe r n
None
ABSTAIN: None
A RS ENT: None
The mo tion c ar ri e d.
Mr . Stoel stated that he does have 1r hand a cooy of t h e
Cert1f1cat i o n o f Post1no an d a conv o t the ouhlir not 1 r.e
oublts h ed in the EnqlPwood SPntin e l.
Mr. J h a appe ar ed before the Comm1ss1on. and upon b e1 n a s wor n i n.
tes tif ie d th at he has lo c at 0d a ~Pw s 1r0 f or his a u t om ot ive
reoa 1 r bu si n ess. t h P addrf's s brine 4 700 South Bro adwav . Th e r P. is
more s o ace ilv al lahle for h t s bu s iness , find more s o ar.e avr11 l ah l e
fo r p a rk1na th e v e h 1cles off the stree t . Mr . Jha s t a t ed that h e
will br 1 nq t he oort1 o n of thp h u1ld1nq hP w1ll he l eas 1nq uo to
Code as requ t rPd by th p City .
( Mr . Stop ] as Ir ed 1 f Mr .. lha was a w;tr·r o f wh.1t wo11 I d he r0 a u1 rPd b v
t h P ll u ild i n q Denartm ent to hrinq the bu1.ld1nn uo t o Cod e. Mr .
J h a sta t ed th a t h e is dWare o f thr req111rements of t h e Hu1ld 1 na
Oeo ar tme n t a n d of thP Fir e OeoartmPnt
Mr Stoel askPrt it ~t~tf h~rl Jnv th 1no to ~ri d .
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Mary Alice Rothweiler was sworn in. and testified that she is a
Planner I in the nenartment of Community Development, and the
staff coordinator for this case. Mrs. Rothweiler further
testified that the Fire Deoartment and Building Department
personnel have made inspections of the buildinq, as has the
2oninq Insoector. A fire wall wi 11 have to be .modified to be
one -hour fire resistant , and a detailed floor plan must be
submitted before the Buildina Department can approve occupancy of
the portion to be leased by Mr . Jha . An additional outside door
must be provided in the oortion of the buildinq to be leased by
Mr. Jha . Hr. Jha has aareed to provide these chanqes
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and also
to meet whatever other chanqes are required to conform with the
Uniform Buildina Code , Chanter 5 1 Chapter 9 , and Chaoter 33 .
Hr . Stoel asked i f anyone in the aud1ence wan t ed to soeak on this matter .
Mr . Kevin Pitts was sworn in, and testified that he is oresident
of Sound on Wh eels , and w ill be leasinq a portion of the
structure to Hr . Jha. He stated that he leases from Harry 's Seat
Cover Mart , owner of the buildinq . and has been in this location
s1nce 1978. He s ated that he h as a lease which will protect him
as well as the City. and has a stronq interPst 1n orotectinq the
inteqrity of the buildina . Mr. Pitts st ated that he does suooort
the location of Ceasar 's Aut o mot ive in this st ructure as a lessee.
Mr . Stoel asked if anvone el se in t h e audience w is hed to sneak on
No one else addressPd the Com m1ss1on, thP. matter.
Carson moved:
Mesa seconded : The Puhli c Hear1na be closed .
AYE S:
NAY S:
Maanu son , Mesa, Stoel, A l len , Barbre , Beier , Ca rson .
Go urd in , Mulhern
None
ABST A I N: No ne
ABSENT: No ne
The mot ion carried .
Mr . Carson stated that h e had viewed the site and the bu1ld1na .
and f e lt this would be a mu ch better locatio n tor Mr .. Jha's
business. and would v ote to suooort the ano lication .
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\.arson moved:
Barbre seconded:
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The Planning Commission approve the request
filed by Shiv Jee Jha for approval of a
Conditional Use at 4700 South Broadway. with
the stipulation that the apolicant shall meet
all requirements of the Building Department
and Fire Department.
AYES: Mesa . Stoel , Allen. Barb re, Bei er , Carson , Gourdin ,
Maonuson, Mulhern
NAYS: None
ABSTAIN: None
ABSENT : None
The motion carried .
v .
There was no one to address the Commission.
VI. IHRf;~~QR' .CHOICE .
Mrs . Romans reoorted that the City Cou n cil received the
recommendation of the Commission on the Planned Develooment at
300 West Bell e view Av enue, and has scheduled a Public Hearing on
Januarv 13 , 1986 .
Mr . R1open, property owner at 3986 South Broadway, had an amended
reauest before the Council tor aooroval of an easement to allow
encroachment of a wall on h is prooerty into the riaht-of-way .
Th1s amended easement wa s aoorovPd by C1tv C:ou nc1l. Mr~. Romans
pointed out that this is the site that Mr . ,Jha has occuoied for
some time, and he will be relo cat 1no , as will. she unrterstands.
Mr. Henke.
Vll. CO MMI SSIONE R'S CHOICE.
Mr. Stoel welcomed Mr. Steven Mulhern to the C:ommission. and
wished all Comm1ss1on and staff members a Merry Christmas and
Haopy New Year.
There beina no further busin ess to come before the Comm1ss1on.
the meet1na adiourned at 7:25 P . M.
-----------------------------·----------C.crtrude G. Welty
Record1na Secretary
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Mi nutes
Engl ewood Publi c Li brary Advi s ory Board
J a nu a ry 14, 1986
The regular meeting of the Library Advisory Bo a rd wa s called to order at 6:30 p.m. by Ch a irma n Va ldes .
PRESENT : Jerry Va ld es , Lo is St erling, Debbie Dix, Bru c e Hogue, John
Peterson, Al Qua int a nc e , Gera ld Sampson, Dorothy Wheeleh a n
REGRETS : Kay Va n Va l ke nburg
ALSO
PRESENT: Hank Long, Libra ry Services Ad ministrator Barba ra Hogu e
Sharon Wi nkl e, Di rec t o r o f Li bra r ies
Donna Gottberg, Re c ord i ng Secret a ry
Roll c a ll was taken and a quorum dec l a red pre s ent.
There were no sc heduled or un sc heduled visitor s.
Mr . Va ldes ca lled for nom i nation s for Chairma n. Ms. Wheeleha n nom i na ted Loi s St e rling for Chairma n in 1 986 . Seconded by Bruce Hogue.
86-1 MOT IO N: Th a t the nom i na t i on s f or Cha i r ma n be closed .
Moved by : Dorothy Wheel e ha n
Sec ond ed by : Bruce Hogu e
Mot i on carried un a nimou s l y.
Mr . Va ldes called for nom i na tions for Vic e-Cha irma n. Ms . Wheelehan nom i na ted
Bruce Hogue for Vic e-C hairma n i n 1986 . Lo i s St erl i ng s ec onded.
86-2 MOTION: Tha t the nom i na t ions fo r Vic e -C hai rm an be c l osed . Moved by: Al Qu aint a nce
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Seco nd ed by Lo is Ster l i ng
Motio n carried un a ni mo us l y .
Mr. Va l des t urned the me eting over to Ms. Winkle for the Direc t or 's Report.
Ms . Winkle asked Mr. Long to give background on the 1986 an nual contract with
Southeast Metropolitan Board of Cooperative Services (SEMBCS) for processing of
materials. Mr . Long noted that the contract was much the same as in previous yea rs and that there would be no price increase.
MOTION: To approve the SEMBCS contract for recommendation to City Council. Moved by: Al Quaintance
Second ed by: Gerald Sampson
Motion carried.
Ms. Winkle will forward the contract to City Council for approval.
Direc tor's Choice
Mr. David Chandler (our guest l a ter tonight) publishes a Newsletter from the
t a te Library, which is received lit the Library. Any Board members wishing to
receive their own copy should call the State Library or leave word with the Re-cordi ng Secretary.
continued ....
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The Library is now at full staff. The three vac a ncies have been filled. Ms.
Ba rbara Sproat started January 6, and is in charge of a ll programs. Ms. Nancy
Bunker began work on Janua ry 2 , and is a reference specialist in charge of
children's services. Ms. Joan Hinkemeyer is full time and began work on
J a nuary 13. Iler title is Information Services Administrator.
Ms . Winkle complimented all the staff for working extra hard while we were
s hort-staffed.
There was no Chairman's Report.
Me mbers ' Choice
Ms. Dix does not plan to reapply for membership. The Board, as a whole, offered
a vote of thanks to Ms. Dix for her services.
Mr . Hogue asked if a time had been set with Mr. Paulsen for lunch/breakfast with
Board members. Ms. Winkle replied that no time has yet been set. She suggested
tha t a formal invitation be sent to Mr . Paulsen inviting him to meet with Board
members.
Committee Reports
Mr. Peterson will have an Intellectual Freedom Report and a Rememberance Fund
Report at the next meeting.
There was no unfinished business.
There was brief discussion on the Statistical Report for December 1985. The
Annual Report for 1985 was also distributed to the Board for study and discussion
a t the next meeting when Ms . Winkle will present the Narrative Report for 1985.
Mr. Peterson asked if the Board should submit any type of report to Council .
It was noted that the Director's Report fulfills this statutory obligation.
There was a brief discussion regarding the Dynix computer s y stem . Mr . Long
ga ve a br i ef background.
86-4 MOTIO N: That the Minutes from the December 10, 1985 Meeting be approved as
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presented.
Move d by Al Quaintance
Seco nded by : Gerald Sampson
Moti on c a rri ed.
Meeting a d j ourned a t 6:58 p .m.
Foll ow i ng the me eting a group of membe r s & Directors f r om metro libra r i es he l d a
discu ssion s e ss ion on l i tera cy tra ining programs he a ded by Bo a rd Member John
Pe t er s on.
1-16-86 d g
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ORDINAOCE NO,~
SERIES OF 1986
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BY A(Jl'HORITY
COUOCIL BILL NO. 6
It-ll'RODOCED BY COUOCIL
MFMBER BRADSHAW
AN ORDUWCE APPROVING THE CCNl'RACT BE'IWEEN THE CITY OF ENGLJ:WOOD
AND 'niE STATE DEPARTMFNT OF HIGIWAYS, DIVISION OF HIGIWAYS, FOR
IMPROl/m1FNTS AT THE INTERSEX:TION OF SOUTH B~Y AND BELLEVI&-1
AVENUE.
WHEREAS, there is a need for improvements in the fonn of
installation of sidewalks at the northeast corner of the
intersection of Broadway and Belleview Avenue in the City of
Englewood; and
WHEREAS, the State Department of Highways, Division of
Highways (State), and the City of Englewood (City) consider it to
be in their mutual interest to cooperate in the installation of
these sidewalks;
NCM, THEREFORE, BE IT ORO.\INED BY THE CITY COUOCIL OF THE
CITY OF ENCL&-1000, COLORADO, 'niAT:
Section 1. The Contract between The State Department of
Highways, D1v1sion of Highways, and the City of Englewood is hereby
approved. A copy of said contract is attached hereto and incorpor-
ated herein by reference.
Section 2. The Mayor and Director of Finance ex officio City
Clerk-Treasurer are hereby authori7.ed to sign and attest the
Contract with The State Department of Highways, Division of
Highways, for and on behalf of the City Council and the City of
Englewood.
Introduced, read in full, and passed on first reading on the
20th day of January, 1986.
Published as a Bill for an Ordinance on the 22nd day of
January, 1986.
Read by title and passed on final reading on the 3rd day of
February, 1986.
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Published by title as Ordi nance No. _0__, Series of 1986, on
the 5th day of February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of &lglewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of the Ordinance ~sed on
final reading and p.iblished by title as Ordinance No. ~· Se.ries
of 1986.
Gary R. Hi gbee
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MP -CC 10 -0088 -2 6
BE LLEVIEW AND BROADWAY
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CONT&ACT
THIS CONTHACT , aade thi• ~~~ day Of ~~~~~~~· 19~, by
and between the State of Colorado for the u•e and benefit of TH! STAT!
DEPARTMENT OP HIGHWAYS, DIVISION OP HIGHWAYS, hereinafter referred to
•• the State, and CI TY OP ENGL~D . STAT! OP COLORADO, herelnaf ter
referred to a• the contractor or the Local AQency,
WHEREAS, authority exiete in the Lav and Punde have been bud9eted,
appropriated and otherwiee ••d• available and a eufficient
unencuabered bal a nce thereof reaa i ne a vai lable foe payaent lo Pund
Nuaber 2001, OIL Account Nuaber 52046 , Contract lncuabrance Wuabec
16122: and
WHEREAS, required approval , clearance and coordloatlon ba1 been
accoapli1bed f roa and witb appropriate a qenciee : and
WHEREAS , the State ceco9nize1 the need foe iapcoveaente at tbe
inter•ection of Broadway and Belleview Avenue in ln9lewood, Colorado :
and
WHEREAS, the State and Local AQency coneider lt to be in tbelc
autual 1ntere•t to cooperate i n the ln•tallation of eidewalke at
Belle view and Broadway , hereinafter refereed to •• tbe work: and
WHEREAS, the Sta te Hi9hway Coaaieeion on October 24, 1915 , 9ave
a pp r oval for the State to enter into a contract wltb tbe Local AQency
fo r Pr o ject MP -CC 10-0081 -26 , thereby acc e pt in9 Loca l AQency fund• for
a por tion o f t h e work ; a nd
WH EREAS, the State a nd Local Agency de•ire to agree u po n c er t a in
re•ponaibilitlee with re9ar d to the work; and
WHEREAS , thle contract i• executed by the State under authority of
Section 43 -2-144, C.R .S., ae ••ended and by the Local AQency under the
authority 9ranted in ita ordinance or reeolution, attached hereto and
aade a pact of thl• contract.
NOW, THEREFORE, it ie her~by agreed that :
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Tbe State will provide liaison vitb tbe Local Aqency throuqb
tbe State 's District !nqineec, Di1trict 6, located at 2000
Soutb Holly Street , Denver. co 10222. Said Dietcict Bnqlnoec
will aleo be reeponaible for coordinatinq the State •e
activitiee under tbie contract.
2. The State by ite eaployeee , aqente or conetruction
contractor, shall be re1pon1ible foe the perforaance •nd
coapletion of the work. One-half of the coats incu~red by
the State to perfora and coaplete the work ab.all be borns by
the Local Aqency •• provided in this contract.
3 . The State baa eetia ated the total co1t of the work to be
•40,000. The Local Aqency •bal l provide funde to the State
not to exceed an ••ount of •20.000.00 for the direct and
indirect coste of a portion of tbe work, unlssa 1uch aaount
ie increased by a written euppleaental contract .
4. The State will bill the Local Aqency aontbly for 50\ of both
tbe incurred direct and indirect coete . The Local Aqency
•hall ceait saae to the State within 30 daye after receipt of
bill• foe the work pecforaed.
The Local Agency •, fundinq for the vock •hall not be derived
5.
fcoa it1 share of the Hiqhway Ueere Tax Fund .
6 . Interia fund1. until the St ate ie reiabureed , will be payable
froa State Highway Suppleaentacy Fund (2001).
7. The teca of thie contract •hall continue tbcouqh coapletion
of t he work by the Sta t e and r ece i pt of final payaent froa
t be Loc a l Agency .
I . Th ie co n t r act •hal l inure t o t he be nef i t of and be bind i ng
up on the pactie1, t heir aucceseore and a1ei 9n a .
9, Tbe "Special Provisions • attached heret o ace here by ••~e a
pact hereof .
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IN WITNESS WHP.Rl:!OP, the parties hereto have executed thia contract
the day and year firat above written. -
ATTEST :
Chief Clerk
APPROVl!:D:
State Controller
By ----------
ATTEST:
STAT! or COLORADO
RICHARD D. I.MIN, OOV!IDIOll
By ------------Executive Director
D!PAaTMEllT OF HIOllllAYI
DUAN! NOODARD
Attorney General
Br --------------LYNN OBl:!llNY!ll
rirat A•aiatant Attorney General
Natural Reaourcee Section
CITY or ENGL"'OQD, COLORADO
By ------------
Title ------------
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LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED
TO EXECUTORY COPIES
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SPt'f JAi. MU WJSIONS
CONl.ROI LER 'S APPR0\1AL
I Th1, i·onlrifl'I .Jlo11l ntic be de<mcd \,lltJ unul 11 'h..11 h.a\..,: b«n approved by the Con&roUc r uf the~ of Color.OO or wch
lblll.\l•fM 111' he ~> J,.·~1 11n.i ti: Tiu.\ p11)v1,1on t) o1pphco1Dk lo any COfllrk"'l 1n~v1n1 the Pl)'menl of motlC)' by the Swc.
tlJM> A\AILABILIT\'
2 f.1 ~1jl1 1N11..i 111ft\1., tl'k-~c f"')..hh:o1l1Ct ihc '"u"''nll fi«.l)'Cllatt''ONlnlCNupi:.1 l,ilGkJrN pt.upMbt"'I~. butJ~l't cJ o1nJ othcr.•>1llC' rn.Jii.: n.ul"bk
IQ,.;11 llEQUlllDIE."'T
) If 1h1\ COfMtil('f lft \'OhC\ lhl.• Po')l""nl OI R"M'C lhotn fifty thlJUwinJ dnllan b lhc: i."Olbl""110ft, C.r&,lnft, rtJllMr, N~. °' 1mpruv~mi:N uf Ill) ~1 kl1nc . r1rroad , hnJic. \~, ninncJ , n c .. vaiion Of O&hrr pubhc 'llOrt b 1h1• 56.w. Ulc a:wr.aor w..11. btt~ tntrnnc upin thc:prrfomwu"c ofifn) "U!.h •orL 1A1.lloldcJ .n lh1~c0Nraa . dYlynecYIC ellddd1"'Cf10* flit wlllh &1w:olf1nal ~ "ll"''Nf\'. "f!PC.•r' bl:klw (Of thc: ~t c , " it1u,J .mJ wllk ~ni bu nd or Olhcr KUp&ablc *'U)' kJ lllC .,..t>\Cld by Yid otric ...
In. pcrw.1 JrtU m n.JI k n lh..n onr tw lf ot lhc ""'' .1111111,inl p;ii y.bk b)· I.ht IC11N of lhi. ContfKI . Sw;'tri boftd th.ti be Jldy C'UICUM!d
by it ~l 1flCJ CUfJIOf'W MHC1)', rondll KW\C\J fnr lhc oilal.' 11nJ fallh"'I ptrf~c o( lhc COftlr.1, ud .. ~. ~· prow• ..
1( thr 1.'0nllk10f' Of hi.\ ~·onlr.K"IO~ f,.il 111 dul) fWt' fOf .:tin) lahut, muc:NI", IUm hire, ~C'. prow.._, pro-.cadnt Of ochrr .....,,p~ ua.cd Of cnft)UmetJ tty MKh t..'Unt~1•1f' llf hi' M.lb..'onlra...10f ~ ptr10fmln&.~ ol tJv wort CONfac11d '°be done , .... Mint)' ... u
pre) lhc ~me 1n 11n 11tnoun4 ,.. tu'\.'CJ1na 1hc ""m ~-c1rw..-d 1n &he bond . '°ltlhtt with"*"'" 11 &he"* or c1sN pct tc• per IMlffft.
Unkw. Wt.'h bond , .. hen w rtq1.11 rcd, t.\ ..:11.cu.111.-J, Jl>hvcrcd •nJ IUeJ. no cloum 1n foOf of u.t rontrl!CtOf UlMfll llftdtf 1h1r. roMract
Wll be 1ud11N , allowed or p .. J A tcn11ied 11r Ci6J>.tucr·~ d'ICCk or• haM IT'IOftef order mlldr fll)'lbk IO the Truwru of the ~
of Colotlldo lnl)" be k ctptcd 1n k1u uf M bonJ
MINIM UM WACE
4 . E\t e r1 :h otht"rwl~ rrovidt"d hy l.1\llllo , if lhh 1.·un1ratl ptu\tdt) for thr P.Y••I u( ~r than fiw 1ho.,...nd
doll.,s and rr11u1rt ' or 1n,ofu•r. the t"mplo) inrnl u ( l:abort'n Of rnrch:tnli'r. in the cu.r.INCIMlll , altrraoun or A'pair of
any buildin111 or ufhl'f publi c worit . h'u·rpl hi111hways , hiah .. 111)' brid~'· undc-rpn.n Md hish•I)' ''""'IUh'\ of eU
kind,;J whhin 1tw ~av.1ph1l·al lim1h n( lhc St:.1r . thl' rate u( ...,,,,. '""' 111lahoftn1"4 nw t hanifr. rmpluyt'd b)' the
cunltlflor or any ~ub<'un1r 11CltH' on llw buitdins nr public --.u,. cuwrrd by lhn; CDfttrKI .htlf M nol k" lh..n thr
prnailin& JJlt u( •ll~i fut •n"' of I stmdar ftillUff 1R lht' C'i l>-, tuwn , "'"• Uf othtt CiWf , .. bd1vNuft o( the Sta1t lft
which lk butld1n.: or ulhrr puhlk wort.. I'll lncat"d . Ot'fiUln tt!opt"Chn& prcYt .. 1n1 Hin will bit rr..olwied •'-pnn·•d 1n
K-16-101. CRS 1971 . a, 1mt"t1de"(f
DISCRIMI NAT ION ANU AfflkMA TIVE ACTION
' Tht rontrKtor llffti to~) "'''h lhit kntr :.rwJ i.pm1 of tht Cokndo Anlldu ... rlfNnlMM.lft A.cl of 19'7, • lfneftded
and other apphcaMe J.w rt~tng d1\Ct1m 1ft.1l 1on aniJ unfair cmpioymrN pqchCC'-t24·l4~2 . CRS 197i ~).end 11
rcqum.ld by EA«UllYt Otdrr, F.qual Opponun1I,\ and Affi111li111vc Acuon , daled Aprd 16. 1975 ~/'WMlrt lhrmo, * followuw pnwt·
.lHHb WJI bt.• CVflltt1nal m .JI SUit ff•tWr•'I,\ 111 wb·Olftlf'M'h .
Uurin1 tlit p trfonn a nc~ o f 1h1' ~·1111t1;JCI , d1t r onlr.klur •Ifft' a. foUowr.
(I J The run1rac1or ... ill 11111 diw.mn1m1h: ._.un~I auy cmployre ur appliunl (cw nnpluy11Wnl kir.,w uf
rill:r , cn"t'd, color nah un~ ung111 . \t'\. 1n:.ntal 'lilhh, ttliaPun . ancntry. nvntlf or phywnl hud.up, °' •·
The roofrlC'lur ..,..di tl._,l' 11UiniuCt\e a...11011 10 in\UR 1h111 applinnh att t"lftplu~rd , Md 1ha1 nnpl(l)'ft'S att
l tHh.-d dunnr: l'tnplu) nlil'nl , Yt'l lhoul rt'i:trd IU Ifie abow mC'UhOfkd chartcltn,b<"s Such •lfflrfl lohtll indudr.
~I 11ut ~ lin111cd tu lht' lulln..,.·1n1 rmp&o) men I, uppadma. •mu11on, ur 1ra.i.ftt, ff'CnMllftnll Of
ttenultrwnl ••h·t"rl1wn~. la)"uff, ur lrnnmahon,, ralrr. of pa)' Of orhC'r f°""' of c~ioft . Md wt«INNI
for 1~m1ns. 111dud111g aµprcnhcrJup The C'untuctor apttr. lo pu.1 1n C0Mpt(.,UU1. plar:ft, ...-lilaWr 10
rm.,luy""' and arrhr .1nh fur rm1,lu) nwnl. nuhtC'• tu bt prU\'tdrd by tk contrwltal of"ftctt wuiae forth
pt0u!o10nr. o f th ir. nun d 1..:run111a1111n rlau.w
(2 J Tht cun lta..l ur ..,.ll l 1n .1 11 ..,of1 l·11ationi. or iklYtrhw:mtnt~ fur t mployeft pl«td b) or on ~f of tM
coo1r.rtur •Ille 1h11 .ti q ual1fird i.prlw:,,nb will f'ttl'IU 1.on~dt.,.11on (or tmplu)'nwnt wtahoul "'prd lo
'ar", l "~d . lulur n•t1u11:1J 11 n~11 . '"'''· 111.1n14' •l,,lu\. rtl1.ori, ancr.i.try , -nllf tH phYWLllil handtc •• or aer
f JJ TI1r rnn1r.-1ur "''" ..... 11d 111 t«•d t l.1bc1r union or ~pttwnllll\"t' of 'WOftrn .,th wh1Ch hr hm coM«li¥t
b1ua:a.mn1 IP"'l'RWnf ur o lhcr ~ 1111l r.K"t nr un~·n1 :md1111. nut.r-r lo ht pro\ll~d by the C'onlractina otf9Cf'r,
1Ch1~n& th e labor un ion ot ••.rl ~·I'\' f\'pre~nlatm~ o( lhr ('Oft lrector'• CfMftnuU1wtnf IHNk:r lht: EucufM
Ord .. t . l1.tu.! O ppurluml) 111i.I Affinualnt ACl!on , datti.1 Apnl I& 197S . llld of tt,r Nin, tttuliliOM, and
rdt"a.11 Ordr " ur thr GU\emm
l·O Thr rcintrxlo r .mJ l•k111 w 110 1h ,.,II fum1i.h all infonMllfln ind ~potO ttquurd b) [uc:ut1w Order,
l;~u .al O p1 1ur1u n1I )' .i nJ Al f111n :111"r .\t l1un u f Apnl 16 . 19 7S and by lhr Nin, rrpl&1t0ru 1nd Orckn or lhe
Covrmor nr puf')u111 nl t hrrrlu .1 11d will prnm1 :K'~ru In h1i. ~i . tttord•. ind eccounll b) thr con1rac11n1
ljeltC')' and 1hr uffw.t o f rht' L u\r-nltff n r Im dt~snc" fur purp<Ah of mvallplJon to M«rlain comphanc:r
-.11h .urh Nin, RSUlat1on r. anJ o rckl'\
fSI A labo1 GfJllHL1l1on •1'1 nul r\C'ludc any mdmdu.al orhrrwtw qual1f1Cd from ft.Ill mrmbt-rVup n1ht1 '"
"'ch labor or1an1atmn , or opri any r.uch 111dn1duM from mtmbrl'\.h1p 1n a.ut h labor ntJanll.lltOn or
duc nminalr qain ~r any o f th mtmht'n in lhr full tnJO) nwn1 or -.M oppotNn1ry, becau• of '8Ct, c:Ntd,
c ~ut, w11 , Rlhon--' on1rn. or anc b lry
(fll A l1bor ora11uu11 0 11 , or rhr t-mplu)tt• ur mrmbtn thrffof Vi1U not aid, 1br1. 1nc11*. compel cw cotrn
thr doin& ol any ICI dtfinrd 1n thh cunlracf co br Wnminatory cw oh.CNcl cw Pf"'C'•I lft)' P't"°" from
comply1n1 wt th lh t 11ru ,·1Mon• o ( lhl!o 1.·untrart or any ordtr ... ~d t.MtNndtr, w elkmpf. dlt'er -..r1y or
1nd.rrc lly , 10 cumm11 any art defined m th1~ cotUr'ICI t o br dalcn...,..1ury.
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(7) In 1he twnl uf '"' Cot1ltklor'1 non-coMpli•n widi •he non-dilcrimi111tiae dmua of this conuw:r or
wilh any of MKh Nin, ~ ... •tioM. or onten. &his cot1f18CI -..y bt cuccllcd. &etmiu&ed or IUlpm_, in
wh• or in part 111d tht con1nc1or .. ,. IN dedll'ed ""'itiWe for funltcr Sule CNlncll i9i ecc:ord-. w11a.
procodum, .. 1hurind In E'•e<UIM Order. Equol ()pportuairy llld ""--'"" Actio9 or April 16, 197$ Md
lht Nit~. r"rlUllttOM, Of or*n promufpltd in ICConl..ce tkftwith, Md wdt ocMf IMClioM • .. ,. k
omp-d Md,._.,. 11 "'"Y loo ;,,,o1ie4 11 --;,, Exe<•IM Order, (.,al 0,,..lllliry 1M Arlimia1;,..
Act-ol April 16, 191$, °' by Nin, ....... ._, or ..... ,....... ...... ;,, --tioano;llo , or•
Of ......... ,,_d by .....
(I) n.. controcl"" will illdodo doe,....._ or_.,... (I) .......... (I) ill -......__IM
oul><ont•t0< ,.....,_-..-.,,_,...lop"""·,,......_,·---.. ~ °'*'· E .... 0,,0..uoil)' .... Am.-n.. Actio9 or Apoll 16, lt7S, IO ... -,......_ ............
• ,.. esll oukoo-•or or-. 'Ille coo-••.,. ..... _. ..... ...,.-• 1e _,. .. i.e..-.._
.. ....-...... tht con1roc1•1---·.·-or .. .....,_.-... ........ --r .. -.:Otllpii-.;--. ~-•. lloac .............. _____ •••• do-willo, U1iplioo ........ --...... --• I-· or ____ ..,, .... _....
....,., .... 00,...,,., _,, ,._. lloeS....orc......_ ... .., ... _.....,._,.,.._, ..,....._
or 11ot Sca11 olColondo.
COLORADO LA-l'llEFERENCE
6 . Prowllion1 of 8-11-101 ,' IOl . CRS 191) lor prdettt1« o( c-.. .. ._.,....,._ tolloiocoo1,...1f
public •orkt •ithbl the State an .. ...,. ... hereu""' -IR rtftMCed .. .,... ot ........ by Stale , ....
GENERAL
1. The ""'' of 1hc 51111 of Colorado and ruin Md rraubdon11 iaiucd purwan1 1Mrt-10 lfl• M .,,.. Mi
rt.e ift1npn-111•. uttutioft Nd rnfcwc~mcnl of thii conlrliC'I . A11y "°""°" of ,.,. CO.INCi ........._ or Mt
iacOlpOf1ltN Mr.tn by "''""~ which pnMdn for 11Wtn1MH1 tty My ntn-juclicW Md)' or ,_.... or •a ii
.........,. lrt conftict wi1h loid 11 ... ,... 111d .., ... ,...., "'811 loo c-...i ... lllld YOid . NothU.,-loincd"'
•Y pnMUoA inc.,,.,.1ttc1 ~in by ttfl'rena which ,..,,._,, 10 Mptc thil or •Y 01• ..-,,..._ 611
.t.ole or in pert INll ltrc ¥1ltd ur Hforcl'abW ur nU..W.. in 1ny 1e1to. 11 llw ••hn by w1y of C0111plliat,
•ft11m or ofhl'rwW. Any prMKion rea41'ttd null a.wt wold by lhl' o,na1ion of thil "'°""'°" will Ml ift•W..1
thl' N'Mlindef of this C'IMtfrltt to •ht Ull'nt that lht COAlrKI • ~ nf t•KUIMNt.
I . Thi' 1iitnatoril'11 ht~ln """'that lhty IN' famtliar •1th IR-M·lOl. et wq .. flriHry and CC>mlpt lnllwntts)
Md 18·8-401 ,tt .. q .. !Abu,. ol Public Orriccl. C.R .$. 191l,., 11111 .. d.1nd 1h11 no•ictlot.._or ____ ii
pmitftl.
9 . Tht wan11oritli ''"' that to lhl'W kno-..ll'dlf . nu "all' cmpluyH haJi any penonat or betwf1eill i111nnt
whltlOl'\'ef in thl' wrvkt nr proptrt)' kacribecl twrl'iR .
WHEREOF , lht partiH htttlo hawe uecutcd 1hi• A,rttnwHt un the d1y fflC Mow wrilt
STATE OF COLORADO
RH :HARll 11. l.A!WM . c;ovr.RNOR
I)'~ UU UTIVt. DtM.tCTOI .
DEPARTMENT
OF _ ---~~~~-J..~~~~~~--1
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ORDINAOCE NO. 5
SERIES OF 198_6_
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BY AIJI'HORITY
COOOCIL BILL NO. 5
Itfl'ROOOCED BY COUOCIL
Mn1BER VOBEJDl\
AN ORDINAtCE APPROVING niE 1986 CONTRACT BE'IWED niE ENGLarooc>
PUBLIC LIBRARY AND SEMBCS (SOUTHFAST METROPOLITAN~ OF
COOPERATIVE SERVICES) FOR CATAIJJGING AW PROCESSING SERVICES FOR
LIBRARY MATERIALS.
WHEREAS, the Englewood Public Library and Southeast
Metropolitan Board of Cooperative Services (SEMBCS) desire to enter
into an agreement for 1986 in which SEMBCS agrees to provide media
cataloging and processing services;
t«M, 'mEREFORE, BE IT ORD.\INED BY niE CITY COUOCIL OF niE
CITY OF Dl:;LFJ«lOD, ca.oRAOO, niAT:
Section 1. The City Council hereby approves the contract
between Englewood Public Library and Southeast Metropolitan Board
of Cooperative Services (SEMBCS) for the period January 1, 1986
through Decenber 31, 1986 for media cataloging and processing
services. A copy of said contract (entitled "Southeast
Metropolitan Board of Cooperative Services 300 West Chenango
Englewood, Colorado 80110) is attached hereto and incorporated
herein by reference.
Section 2. The Mayor and ex officio City Clerk-Treasurer are
hereby authorized to sign and attest said contract on behalf of the
City Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the
20th day of January, 1986.
Published as a Bill for an Ordinance on the 22nd day of
January, 1986.
Read by title and passed on final reading on the 3rd day of
February, 1986 •
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Published by title as Ordinance No. £Series of 1986, on
the 5th day of February, 1986.
Attest: aJgene L. Otis, Mayor
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Fnglewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of the Ordinance ~ on
final reading and published by title as Ordinance No. ~· Series
of 1986.
Gary R. H19bee
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SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES
300 West Chenango
Englewood, Colorado 80110
The Southeast Metropolitan Board of Cooperative Services (SEMBCS) and
the Englewood Public Library do hereby enter into an agreement in which SEMBCS
agrees to provide media cataloging and processing services. The above agree-
ment is effective beginning January 1, 1986, and ending December 31, 1986.
In support of the above agreement, Englewood Public Library agrees to
pay SEMBCS the sum of Sixteen Thousand Eight ltmdred Seventy-Five Dollars
($16,875), an amount which covers the complete cataloging and processing of
Four Thousand Five Hundred (4,500) items at Three Dollars and Seventy-Five
Cents ($3 . 75) each . In add i tion, Englewood Public Library agrees to pay SEMBCS
the sum of Five Hundred Dollars ($500) for the weekly delivery of the processed
items to the Englewood Public Library by SEMBCS. If the number of items
processed exceeds the 4,500 specified in this agreement during the terms of
the contract, Englewood Public Library will be billed at Three Dollars and
Seventy-Five Cents ($3.75) for each item over that number. On the other hand,
should the number of i tems processed fall below 4,500, Englewood Public Library
wi ll recei ve a c red i t of Three Dollar s and Seventy-Five Cents ($3 .7 5 ) for each
i t em under t he total amount . That c redit may be appl i ed to the 19 87 contract,
if one is forthcoming, or a r e fund given early i n 1987.
Jn addition to the above amounts, SEMBCS agrees to provide t he application
of 3M Security Strips to all processed Englewood Publ ic Li brary items. These
will be provided to SEMBCS by Eng lewood Public Libra r y a nd will be applied by
Sf.MBCS as part of the regular pr ocessing at the rate o f Fifteen Cents ($.IS)
per item or a t ota l cost of Six Hu ndred Sevent y-Five Doll ars ($675) for the
approximate 4 ,500 items to be processed by S91BC S fo r Englewood Public Library
under this agreement .
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SEMBCS Media Services will -be responsible for:
1. Receiving and checking _in of materials, including rectifying of errors in shipping.
2. Professional catalogin1 of all materials according to procedural agreements.
3. Materials processing will include, for books: a complete card set,
bar code label, book pocket, •ylar jacket when needed, security strip
(as supplied by EPL), a complete set of labels, ready for usa Audio-
visual items and kits will receive a complete card set, bar code label,
pocket, security strips as appropriate, and a complete set of labels
for each major item, ready for use.
4. Delivery of processed items to Englewood Public Library once a week.
5. Payment to Sa.tees by Enalewood Public Library shall be as follows:
$16,875
675
500
(for the 4,500 items to be processed under this agreement)
(for the 4,500 items supplied with security strips under
this agreement)
(for items delivered under this agreement)
$18,050 TOTAL PER THIS AGREEMENT
Payment to SEMBCS by Englewood Public Library shall be made as follows:
$9,025 by February 15, 1986
8,025 by July S, 1986
Signed as of the ____ d.ay of ---------• 1986.
President, Board of Directors
Secretary
Mayor, City of Englewood
City Clerk-Treasurer
City of Englewood
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ORDINMCE NO.
SERIES OF 198_6_
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BY AU'IHORITY
A BILL FOR
COUOCIL BILL NO. 13
I~YOXJlCIL
MEMBER 4 c(z CL
AN ORDINA!CE APPROVI~ SUPPUl1ENI' NO. 17 TO VAILEY SANITATION
DISTRICT'S CX>NN~R'S AGREfMml' WITH THE CITY <F ~!!WOOD TO
UCLUDE ADDITIONAL LAND Wl'llHN mEIR DISTRICT BOUNIY.RIES.
WHEREAS, Valley Sanitation District desires to annex into its
District an additional area located at 4700 -4800 s. Decatur east
of Layton Avenue; and
WHEREAS, said area is now zoned for twelve single-fC111ily
residences with the proposed zoning to remain the same; and
WHEREAS, said annexation of this additional parcel of land
will not increase the tap allocation to the Valley Sanitation
District; and
itiERFAS, it is necessary for said District to amend its
contracts with the City of Englewood to include this additional
land within the District;
Naol, THEREFORE, BE IT O~INID BY 'nfE CITY eoutCIL <F 'nfE CITY
OF Et«iLK>OD, COLORADO, that:
Section 1. 1be Agreement between the City of Englewood and
Valley Sanitation District entitled "SUpplanent No. 17 to
Connector's Agreement" be and hereby is approved. A copy of said
Agreenent is attached hereto and incorporated herein by reference.
Section 2. 'l'1e Mayor and ex officio City Clerk-Treasurer are
hereby authorized to sign and attest, respectively, the said
agreement for and on behalf of the City Council and the City of
Englewood.
Introduced, read in full, and passed on first reading on the
3rd day of February, 1986 •
Published as a Bill for an Ordinance on the 5th day of
February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ord i nance,
introduced, read in full, and passed on first reading on the 3rd
day of February, 1986.
Gary R. Higbee
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SUPP LEMENT ~O . _!2_ TO CONNEC 'fOR' S AGREEMENT
Se we r Con t ract No.
THI S AGREEMENT, made and ent e red into by and between the
CITY OF EN GLEWOO D, acting by and through its duly authorized
Mayor and Ci t y Cl e rk, h e reinaft~r ref e rred to as City, and
VALLEY SANITATI ON DIS TRIC T , Ar apa ho e County, Colorado, herein-
a f t e r r e f e rred to as District ;
WHEREAS, on the 15th day of November, 1984, the City
enter~d into a Co nnector's Agreeme nt with the District concern-
ing the connection of the District s~wer collection facilities
to the City's sew39~ system, and
WHEREAS, sa i d Agreement pro v ided that additional service
areas c ou ld be i nc lud e d wi th i n the li mits of the District with
the wr i tt en co n s e nt of the Ci ty:
NOW, TH ERE FORE , IN CO NSIDE RATI ON o f the premises and of
the mu tual cov ~n a nts of the p a rt ies her e to, it i& agreed as
follows:
l. The Ci ty does h er eby c o ns e nt t o t h e inc l usion of the
!o llow i n ~ de scribed additiona l ar e a into Valley Sanitation Di ~-
trict and agr ee s t h at sa i d add i tional •rea aay be served with
the sewer fac i l i t i es of the Di strict, and that the City wi ll
treat t he s~wage d i sch arged int o t he D1str1ct 's san i tary sewbg e
sys t em and int o the Ci ty•s tr unk line !ro • s a i d ~d d1 ti o na l
a r ea, all in accordance wi t h the Connecto r's Ag reeme nt dgt~d
No v c nibcr 15 , 1 9 8 4 be twee n the Ci t y a.rid t he Distr i ct . Acco r d -
ingly, poragraph l of s aid Connect o r's Ag r ee•ent i s he r eby
am~nded to include the follo wing add1t1onbl r ea l pro p erty t o
wit:
That part o[ th~ North w ~st 1/4 ot th~ Southe•E t l /~ of
Section 8, To wnship 5 South, Ranqe £8 Wes t d escr1bed ~L
tallows: 8 eq1 nning at a po1nt 605.05 feet South of bnn
256 fcl·t WL's t of thC' Nor the !;t car n ~·r of said 1/4 01 1 •1
section: thence North 104.6 te c t, th~nce Wes t 220.4 f~<·t,
more or l e~s , to the East lint· 0 1 South D~catur Strt·c·t ;
tt1cnce Sou h 7 dcgr~es 32 minutes West along th~ Cu!.t l1nr
ot South Decatur Street d rltstancc at 266.853 feet more• or
l~LS to a point 7b~.05 l~l ·t Snutt1 o f a nd 511.363 1 ~ct WcLt
0 1 the Northea s t corner ot !..;aid 1 '• of 1/4 section: ttic n C'c
Ctt r.t :!~~.3bl feet-; thcnc1.: tJ1•r th ltiO feet to t h l' point ot
h1 .. pnnin'), all in r.n']l r.wo od , Cnunty of Arapa hoe , Stul<~ ot
Coloraclo .
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Owners:
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John D. Tidwell
Charlotte K. Tidwell
2720 West Union Avenue
Englewood, Colorado
2. Except for the agreements set forth in par•graph 1
hcreinabove, each and every other provision of said Connector's
Agreement remains unchanged and continues in full force and
effect, and the additional area herein included shall be sub-
ject to all of the teras and agreements contained in ••id Con-
nectar's Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their
na11es and seals to be hereunto subscribed and affixed this
day of -----· 1985.
CITY OF ENGLEWOOD
ATTEST1 By:
Mayor
City Clerk
VALLEY SANITATION DISTRICT
ATTEST1 By:
John R. Boggs, President
Secretuy
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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 January 28, 19 86 AGENDA ITEM SUBJECT Va ll ey Supplement 111 7
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INITIATED BY ~~~~E_n~g _le_w_o_od~W_a_t_er~a_n_d_S_e_w_er~B_o_ar_d~~~~~~~~~~~
ACTION PROPOSED~~~C_o_u_nc_i_l ~ap~p_r_o_va_l~b~y _M_o_t_i_on~o_f_V_a_l_le~y=--S_u~pp~l_eme~n_t~#-17~~~
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BACKGROUND
A request was made by the Va l ley Sanitation District representing the
owners/developer for annexation to the Valley Sanitation service area.
Inclusion of thi s land does not increase the tap allocation to the Valley
Sanitation District.
a. Supplement #17 is for an area approximately 260' x 250'.
The proposed zoning is for 12 single family residences.
b. LEGAL :
See attached. Property lo cated at 4700-4800 S. Decatur, east
of Lay t on Aven ue.
c . OWN ERS:
J oh n D. Ti dw ell and Cha r lotte K. Tidwel l
d. FINANCIAL DETAILS:
None.
RECOMMENDATION
At the December 10, 1985 meeting, the Water and Sewer Board recorrrn ended
that the City Council approve by motio~ the annexation of the property
described in Supplement #17 to the Valley Sa nitati on District.
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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 January 28, 1986 AGENDA ITEM SUBJECT Southgate Supplement #107 q·
INITIATED BY ~~~~En_g_l_e_wo_o_d~Wa_t_e_r_a_n_d~Se_w_e_r_B_o_a_r_d~~·~~~~~~~~~
ACTION PROPOSED~~-c_o_u_n_c_il~A_p_pr_o_v_a_l_b_y~Mo_t_i_o_n_o_f~So_u_t_h_g_at_e~S_up_p_l_em_e_n_t~#l_0_7~-
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BACKGROUND
A request was made by the Southgate Sanitation District representing the
owners/developer for annexation to the Southgate Sanitation District
service area. Inclusion of this land does not increase the tap allocation
to the Southgate Sanitation District.
a. Supplement #107 is for an area approximately 2.386 acres.
The existing zoning is for single family residences with the
proposed zoning to remain the same.
b. LEGAL:
See attached. Property located at approximately S. Colorado Blvd.
and E. Orchard Rd.
c. OWNERS:
Dennis K. Law
d. FINANCIAL DETAILS:
None. ·
RECOMMENDATION
At the December 10, 1985 meeting the Water and Sewer Board reconmended
that the City Council approve by motion the annexation of the property
described in Supplement #107 to the Southgate Sanitation District.
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ORD I NAN:E NO.
SERIES CE 198_6_
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BY AU'lliORITY
A BILL FOR
AN ORDINAOCE APPROVIt«; SUPPUMEtfl' N0.107 TO SOU'niGATE SANITATION
DISTRICT'S CONNECTOR'S AGRf»tmr WITH THE CITY CE EOOl.EJ«)OO TO
ItCLUDE ADDITIONAL IAND WI'nHN 'niEIR DISTRICT BOON!lA.RIES.
WHEREAS, Southgate Sanitation District desires to annex into
its District an additional area of approximately 2.386 acres
located at approximately s. Colorado Blvd. and E. Orchard Road; and
WHEREAS, said area is now zoned for single-fcuily residences
with the proposed zoning to ranain the same; and
\flEREAS, said annexation of this additional parcel of land
will not increase the tap allocation to the Southgate Sanitation District; and
~. it is necessary for said District to amend its
contracts with the City of Englewood to incll.De this additional land within the District;
NCM, 'niEREFORE, BE IT ORDl\INID BY THE CITY COlJrCIL OF 'niE CITY OF EOOl.EWOOD, COLORADO, that:
Section 1. '!be Agreanent between the City of Englewood and
Southgate Sanitation District entitled "Supplement No. 107 to
Connector's Agreenent" be and hereby is approved. A copy of said
Agreenent is attached hereto and incorporated herein by reference.
Section 2. '!be Mayor and ex officio City Clerk-Treasurer are
hereby authorized to sign and attest, respectively, the said
agreanent for and on behalf of the City Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of February, 1986.
Published as a Bill for an Ordinance on the 5th day of February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and c:anplete copy of a Bill for an Ordinance,
i ntroduced, read in full, and passed on first reading on the 3rd
day of February, 1986.
Gary R. Higbee
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4't' r. 3
SUPPLEMENT NO. LJl.:l TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the
CITY OF ENGLEWOOD, actinq by and throuqh it• duly authorized
Mayor and City Clerk, hereinafter referred to aa "City,• and
SOUTHGATE SANITATION DISTRICT, Arapahoe and Douqlaa Counties,
Colorado, hereinafter referred to as •oi•trict,•
WITNESSETH:
WHEREAS, on the 20th day of Jun«, A.O. 1961, the City
entered into a Connector's Agre~ment with the Oi•trict concerning
the connection of the District sewer collection facilities to the
City's 5ewage system, which Connector's Aqreement was modified
and amended by Agreement dated the 4th day of April, 19661 and
WHEREAS, said Aqreement and modification thereof provided
that additional service area• could be included within the limits
of the District with the written consent of the City1
NOW, THEREFOR~, in consideration of the premises and of the
mutual covenants of the parties hereto, it ia agreed as follows:
1. The City does hereby consent to the inclubion of the
additional area, situate in the County of Arapahoe, State of
Colorado, described as follows, to wit1
Property owner:
Property Description:
Dennis K. Law
As more fully deacribed in Exhibit
A attached hereto and incorporated
h~rein by reference.
into Southqate Sanitation Dhtrict, and aqrees that said
additional area may be served with the sewer facilities of the
Di,,trict, and that the City wi ll treat the aewaq" discharged into
the C1ty 1 s trunk line fJ<.Jm said additional ar~a, all in
accordance Wlth the Connector's Agreem~nt dated June 20, 1961,
an d the modification thereof dated the 4th day of Apr i 1, 1966,
between the City and the District. Accordin9ly, ~xhiblt A
referred to in Paraqraph I of th~ Modification to the Connector'•
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Agreement dated the 4th day of April, 1966, i• hereby lllllended to
i nclude the additional area as set forth hereinabove.
2. Each and every other provision ot the Modification to
the Connector'• Agreement dated the 4th day of April, 1966, •hall
remain unchanged.
IN WITNESS WHEREOF, the parties have cau•ed their n&J11e• and
eeals to be hereunto aub•cribed and affixed thi• ~~ day of
ATTEST:
CITY CLERK
(SEALI
ATTEST:
SECRETARY
(SEALI
MAYOR
SOUTHGATE SANITATION DISTRICT
AlU\PAHOE ANO DOUGl..AS COUNTIES,
COLORADO
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EXllill lT "II"
LEG /IL DESCRIPTION -LOT 3
A TRllCT OF LANO BEING A PORTION OF TRACT 243 OF SOUTH DENVER
Gll RD E NS, ALSO DEING LOT 3 OF TllE RECORDED SURVEY ON MAY 27, 1976
ltl DOOK 2452 /IT PAGE 160, COUNTY OF llRllPllllOE, STllTE OF COLOR/100
DE ING ADDITION/ILLY DESCRIDCO /IS FOLLOl~S:
o r.SIS OF DEllRINGS IS THE NORTll LINE OF TllE NORTllE/IST QUARTER OF
SCCTION 13, TOWNSllIP S SOUTH, RllNGE 67 WEST OF TUE SIXTll
PRINC IPAL MERIDIAN, BEING CONSIDERED TO BEAR S89.44'46"E;
COMMENCING /IT TH! NORTH QUARTER CORNER OF SAID SEC'l'ION 13; THENCE
S26.0G'37"E A DISTANCE OF 1498.31 FEET TO THE NORTlll~EST CORNER OF
5AID TRACT 243 ALSO DEING THE NORTllWEST CORNER OF LOT 2 /IS
PLll'fTED IN SAID RECORDED SURVEY l TllENCE soo•o4'11·w /IND ALONG THE
WESTERLY LINE OF SAID LOT 2, 11 DISTANCE OF 322.35 FEET TO THE
tlORTllh'ESTERLY CORNER OF SAID LOT 3, SAID POINT BEING TllE POINT OF
DCGINNIN G; THENCE S89.55'43"E AND ALONG THE NORTHERLY LINE OF
SlllO LOT 3, II DISTANCE OF 322. 82 FCET TO TllE NORTH EA STE R LY CORNER
OF SAID LOT 3; TllENCE soo•o4•11·w /IND ALONG THE EASTERLY LINE OF
511I D LO'r 3, I\ DISTANCE OF 322. 30 FE ET TO TllE SOUTHEASTERLY CORNER
or SJ\ I O LOT 3. SllID POlNT llLSO DE ING ON TllC CENTCRLINE OF VllC/ITEO rnrncc llVENUE1 THE!ICE ne9•47 •4e•w /I ND /\LONG THE SOUTHERLY LltJE OF
SAID LOT 3, llLSO BCING THE CENTERLINE OF VACATED PRINCE AVENUE, A
DISTll!ICE OF 322. 02 FEET TO TllE SOUTHWESTERLY CORNER OF Siil D LOT
3: TllCHCE Noo•o4•11·E AND /\LONG TllE WESTERLY LINE OF SAID LOT 3,
JI DIST;,i:ct OF 321, 56 FEET TO TUE POINT OF BEGIUNING, CONTAIN IN G 2.386 J\CR£S.
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Ii ~ -"'-'" Ct«:RR'° >-·11 S
~ CHERRY t11 LL S !:..: "·
4.. CHE.RR-, Nill!.
S CHERR'f '4 1LLS R4.e1
&. OiERRY Ht.LS V .Li..1 .._
?.. CHERRY RIOGC
e. OIERRY MOOR(
I. CHERRYVALE.
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q)G
BY AUTHORITY ORDINAOCE NO .
SER I ES OF 198_6_
A BILL FOR
COUOCIL BILL 00. 11
Ull'~~ !)Y COUOCIL /~
MEMBER ~a C-C. te_.,I
AN ORDINAICE APPROVIt«; SUPPLEMmr NO. 108 TO SOUTfCATE SANITATION
DISTRICT'S ~R'S AGREfl1Em' WITH THE CITY OF ENGLD«XX:> TO
ItCWDE ADDITIONAL LAND WITHIN THEIR DISTRICT BOUND.\RIES.
WHEREAS, Southgate Sanitation District desires to annex into
its District an additional area of approximately 2.386 acres
located at approximately s. Colorado Blvd. and E. Orchard Road; and
WHEREAS, said area is now zoned for single-family residences with the proposed zoning to remain the same; and
WHEREAS, sai d annexat i on of th i s additional parcel of land
wi l l not increase the tap allocation to the Southgate Sanitation Distr i ct; and
WHEREAS, it is necessary for said District to amend its
contracts wi th the City of Englewood to include this additional l a nd wi thin the District;
tO>l, THEREFORE, BE IT ORDIHNID BY THE CITY COUOCIL OF THE CITY OF Et«iLFJ«X>D, COLORADO, that:
Section 1. "nle Agreenent between the City of Englewooa and
Southgate Sanitation District entitled "Supplanent No. 108 to
Connector's Agreanent" be and hereby is approved. A copy of said
Agreenent is attached hereto and incorporated herein by reference.
Section 2. "nle Mayor and ex officio City Clerk-Treasurer are
hereby authorized to sign and attest, respectively, the said
agreenent for and on behalf of the Ci ty Council and the City of Englewood.
Introd uced , read in full , and p assed on first r ead ing on the 3rd day of February , 1986 .
Published as a Bill for an Ordinance on the 5th day of February, 1986 .
Attest : Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 3rd day of February, 1986.
Gary R. Higbee
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SUPPL!OMENT NO. /J1.1. TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the
CITY OF ENGLEWOOD, acting by and through Ha duly authorized
Mayor and City Clerk, hereinafter referred to aa "City,• and
SOUTHGATE SANITATION DISTRICT. Arapahoe and Douglaa Countiea,
Colorado, hereinafter referred to aa ~oiatrict,•
WITNESSETH1
WHEREAS, on the 20th day of June, A.D. 1961, the City
en t ered into d Connector's Agreement with the Dietrict concerning
the connection of the District sewer collection facilit1ea to the
City's sewage system, which Connector's Agreeaent waa modified
and a111ended by Agreement dated the 4th day of April, 1966; and
WHEREAS, said Agreement and modification thereof provided
that addi tional service areas could be included within the limits
of the District with the written consent of the City1
NOW, THEREFORE, in consideration of the premiaea and of the
mutual cov~nant& of th~ parties hereto, it ia agreed aa follows:
1. The City doea hereby consent to the incluaion of the
additional area, situate in the County of Arapahoe, State of
Colorado, described as follows , to wit :
Property own er:
Property Description:
Ndiad, Ltd.
As more fully de•cribed in Exhibit
A attached hereto and incorporated
herein by reference .
into Southgate Sanitation District , and agre e" that said
additional area may be served with the sewer fa cilities of the
District, and that the C1ty will tr~~t the oewage disch arged into
the City's trunk 11ne from tt1,ud add1t1onnl area, all .LB
ac co rda n ce with th L Connectc )r'~ Agr~cm~nt dated June 20, 19bl,
and the mod1ftcdtion thercoi cldted th" 4th day ot April , l96b,
between tht! C1ty and the D1str1ct. Accordingly, Exhibit A
n .. ·fcrr~d to 111 Paragraph J o f the Hod1 t1 cation to th4! L'onncc t n1 1 u
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Agreement dated the 4th day of April, 1966, ia hereby amended to
include the additional area a1 set forth hereinabove.
2. Each and every other provi1ion of the Modification to
the Connector's Agreement dated the 4th day of April, 1966, shall
remain unchanged.
IN WITNESS WHEREOF, the parties have cauaed their naaea and
seals to be hereunto 1ubacribed and affixed thi1 ~~ day of
~~~~~~~~~· 198~.
ATTEST:
cITY CLERIC
(SEAL)
ATTEST :
stclifTAliy
(SEAL)
MAYOR
SOUTHGATE SANITATION DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES ,
COLORADO
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EXllIDIT "A"
f.£._G/\t n F.s cnrr'l'roN -tot..!
I\ TRllCT OF LllND DEillG A P'onTION .OF TRACT 243 OF SOUTU DENVER
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DE11s, llLSO DEING LOT 2 OP THE. RECORDED SURVEY ON M/\r 27' 1976
IN DOOi\ 2452 llT I'llG!l 160, COUNTr OF llMPAllOE, STllTE OF COLORADO DEillG llDDITIOlillLLY DESCRIDED llS FOLLOl~S 1
DAS IS OP DEllRINGS IS THE NORTH LINE 'OF THE NORTllEllS'l' QUARTER OF
SECTIOU .lJ, 'l'OWllSl!IP S SOUTH, RANGE 67 WES'l' Op· THE SIX'l'H I'R illCIP/\~ HERIDI/\N, DEIHG CO!lSIDERED TO Dt/\R s .09"44
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COHHEllCIUG ll'l' TUE NORTll QUARTER COntlER OF SllID ' SECTION 131 'l'HENCE
S2G
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0G'37•E II DISTllNCE OF 1498,31 FEET 'l'O ''l'llE NOR'l'Hl~ES'l' CORNER OF
31\ro Tn11cT 243 ALSO DEIHG 'l'llE NORTHWEST CORNER OF LOT 2 AS
l'LllTTED IN .SllID RECORDED SURVEY I SAID POINT · DEWG THE I'OIHT OF
U£GI11 11 rnG I 'l'llE!ICE S09"45 o 49 "E AUD ALONG TUE SOUTH RIGHT-OF-WAY
LillE OF WIL LIMETTE ii.VENUE A DISTANCE. OF 322.82 F'EET 'l'O 'l'HE llO!lTll~A!:'l' CORllER OF SAID LOT 2; Tll ENCE soo•o4 'l 7•w ANO ii.LONG THE
I:,\S T Liiie OP S/\ID LOT 2 }\ DISTANCE OP 321.Sl FEt:T TO 'l'llE sou 1·11c~.S TE R LY COntltR OF Sil.ID Lor 2; 'l'llENCE NQ9•55
1
4J•w ANO ALONG
Tue souTn Enty LINE OP Sii Io LO'l' 2, 11 DIST11Nc& op J22. 02 r-c&'l' To
l'JIC SOU TllliCS T c on u c n 01' SllID LOT 2; 'l'llEliCE N00•04•11•e /IND ALO NG .
'l'llE HCSTE!!LY LI NE OF Sii.Io LOT 2 }\ DISTANCE OP 322. 35 PEET 'l'O 'l'H ll l'OillT OF DEGIN11 u 1c, CO Nl'llINING 2.306 ACRES. .
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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 January 28, 1986 AGENDA ITEM SUBJECT Southgate Supplement 11108
Cf k
INITIATED BY ~~~~E_n4g_le~w~o~od.;;....;.W~a~t~er;_;;a~n~d~S~e~w~er;,_:8~o~ar~d;__~~~~~~~~~~
ACTION PROPOSED~~---'C~o~u~nc~i~l__;,Apup~r~o~va~l:......;:bLy~M~o~t~io~n.:.....=o~f~S~o~u~th~g~a~t~e~S~u~p~p~lem::;;;,.:e~n~t~#~l~08=--
BACKGROU~D
A request was made by the Southgate Sanitation District representing the
owners/developer for annexation to the Southgate Sanitation District
service area. Inclusion of this land does not increase the tap allocation
to the Southgate Sanitation District.
a. Supplement #108 is for an area approximately 2.386 acres.
The existing zoning is for single family residences with the
proposed zoning to remain the same.
b. LEGAL:
See attached. Property located at approxi mately S. Colorado Blvd.
and E. Orchard Rd.
c. OWNERS:
NAIAD, Ltd.
d. FINANCIAL DETAILS;
None.
RECOMMENDATION
At the December 10, 1985 meeting the Water and Sewer Board recommended
th at the City Council approve by motion the annexation of the property
described in Supplement #108 to the Southgate Sanitation District.
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ORDINl'\NCE NO.
SE RIES OF 198_6_
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BY AUTHORITY
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A BILL FOR
COUNCIL BILL NO. 10
Hll'RODt:=,c~.:w COO_:lCIL
MEMBER 4 d--ah .e-vtJ
FO R AN ORDINl'\N:E CONCERNING VACATION OF A PORTION OF THE ALLEY IN
BLOCK 4, HIG:;INS SOUTH BROAI:MAY HEIGl:rl'S, CITY OF ENGLEWOOD , COUNTY
OF ARAPAHO E, STATE OF COLORADO.
WHEREl\S, the Englewood Planning Camiiss i on has considered a
proposal to vacate the west portion of the T alley in Block 4,
Higgins South Broadway Heights; and
WHEREl\S, a SO-foot turning radius easement has been granted
to the City of Englewood , which easanent has been recorded with
Arapahoe County Clerk and Recorder in Book 3577 at pages 204, 205 and 206 ; and
WHEREl\S, the office building to be constructed on the site
would be enhanced by the vacation of this alley; and
WHEREl\S, the aforanentioned alley no longer serves a public purpose; and
WHEREAS, the Englewood Planning Camiission has reconrnended
vacation of this portion of the alley;
~>J, THEREFORE, BE IT ORDT\INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO:
Section 1. The following described portion of public
right-of-way located in the City of En3lewood, County of Arapahoe,
State of Colorado, is hereby vacated:
The alley r ight-of-way which adjoins Lot 20 on the South,
Block 4, Higgins South Broadway Heights , extending East fran
South Clarkson Street to connect with the east and north/
south portion of the Clarkson/Emerson alley in the 3500 Block South.
Introduced, read in full, and passed on first reading on the
3rd day of February , 1986.
Published as a Bill for an Ordinance on the 5th day of
February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of tl'l<!
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 3rd
day of February, 1986.
Gary R. Higbee
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ORDINANCE II(). I
SERIES or 1'~
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BY AUTllOJUTJ'
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COUNCIL BILL NO. 95
INTRODUCrtl BY COUNCIL
KE:MBtR BRADS RAW
A.'< ORDINA.'iCE CON CERNING VACATION OF A PORTION OF THE AU.!:Y IN
BLOCK '· HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE or AN EASEMENT,
ESTABLISHING C ONDITIONS FOR SAID VACATION or ALLEY.
~~£PL.AS, ~e Englewood Planning CoE!:tl ission haa conaidered
a proposal to vacate the veat portion of the Talley in Block 4,
Higgin• South Broadway Height•: and
~~ERE.AS, t.he propoaal calla for a 50-foot turninq radius
easement to be 9r•nted to the City of Englewood; and
~1t£REAS, the alley abutting property descri bed•• Lota 17
throuqh 30, Block 4, Higqina Sout.h Broadway Heights, Ar'ap~oe
County, ColorA~o, would be paved in accordance with City require-
ment•; and
~'llEREAS, construction of an office bui lding OD the sit.a
would be enhanced by the vacation: and
WHERr.AS. g i ven t.hat a turnin9 radiua easement would be
9ran t..ed. the alley paved, and t.he property Unproved on the Weat
portion of t.he T alley: and
~'l!.ERr.AS, the aforedeacribed alley ia no longer Deceaaary 1
WH!:R!'.AS, t.he f:n9le"'ood Planning Commission Ma recc:Mll::lCnded
vacat~on of t..he aforedeacr i be:d alley •
NOW, T HEREFOR £, BE IT ORDAINED BY Tl!.£ CITY COUN CIL OF Tia
CITY OF ENGLEWOOD, COLOllADOi
Se c tion 1 . The following described portion of public right-of-
wa y loca~ed in the Ci ty of Englewood, County of A.rap•hoe:, State
o! Colorado, 1• vacated au.b ject to the terlfla and conditions in
Section 2 hereof:
The al ley r igh t-of-way wh ich ad jo ins Lot 20 on the
South, 8lock 4, 8199ina South &roadway Hei9hta,
eatendi nq Eaat fro• S~uth Clarkaon Street to connect
with the eaat and north/aouth portion of t.he
Clarkaon/Emeraon alley in the 3500 Block So\lt.h.
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Section 2 . Condit ion of Vacation.
a ) Th e f ollovin9 deacribed property must be granted to the
City subst&ntially in a ccordance with that instru::ient found in
Exhibit A hereof --Grant of Perpetual Easement•
Cor.cencing at the SW corner of Lot 31, Block '·
South Broad~•Y Hei 9hts, said poin t being t..he
point of beginning; t hence northerly along the We at
line of Lot s 31 e...~d 32, a d istance of 50 .0 feet t.o
the NW c o rne r of aa i d Lot 32 i thence along the
arc of a curve left whose cen ter bears East having
a de lt a of 9 0 •00•00•, a radiu1 of 50.0 feet, a
d i sta.nce o f 11.~4 feet to a point on the South
line of aa 1d Lot 31; thence ~esterly and along
aa id South line a di5tance o! 50.0 feet to t!:e
point of beg inning, Arapa..~oe Co un ty, Colorado.
b) That the portion of the alley a.butting Lots 17 ti.rough
30. Block 4 , Mi991n a South Broa dw a y Ee19hts, Arapahoe Coun ty ,
C1ty of Englew ood, St•t• of Color•do, be paved in accordance
w 1~~ the requ1rc.ment• o f t..he C~ty Code of t.he City of £nglewood .
c) That the ovner o! Lots 17 t.."l.rou9h 30, Bl ock 4, Higgin•
Sout.h eroadwa y He 19ht a. Arapa.hoe Co\-~ty, City of Englewood,
~t•~e of Colorado. a pply for a.nd be issued a building peni.1t f o r
a&1 d r ea l p arcel a llowin9 f or t.he conatruct1on of &.n office
building t..hereon v1t.hi.n 110 daya1
d) Th at upon eostpletion of t.hc foregoing conditione a ),
b), and c), t.he Ma yor of t..he City of £n9lewood is authori1ed to
execute a Quit Clai.ni Deed vaceti.n9 t.he property adjacent t.o
portion of a lley described 1n Section l her~of.
Introduced, read in f ull, a.nd P••sed on f1rst reading on
t.he 21st day of December, 1911.
Publ1s h~d a s a Bill for an Ordinance on t.he 23rd day of
Dece.cber, ltll.
Read by tit le and passed on t in&l rea d~n 9 on the 4th day
of Ja.nuary, 1912.
Published by title as Ordin&nce No.__f___, Series of 1982,
on t.he 6th day of January, 1982.
Alt.eat a
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A!: 1'..X C .::R T !"R or .. 'H ::: PL. ~ n lG c c,::;:!3.:>IQ{
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CITY OF ENGLEWOOD PLANNING AND ZONING COHHISSION
January 21, 1986
CALI, TO ORDER.
The regular meeting of the City Planning and Zoning Commission
was called to order at 7•00 P. H. by Chairman Walter Stoel.
Hembers present: Stoel, Allen, Barbre, Beier, Carson, Gourdin,
Magnuson, Mulhern
Hembers absent:
Also present:
Hes a
Assistant Director D. A. Romans
Senior Planner S. T . King
II. l\PPRQV!L or MIMUTES.
December 17, 1875
Chairman Stoel stated that the Minutes of December 17, 1985 were
to be considered for approval.
Hr. Beier noted that his name had been omitted in the initial
roll call, and that he was present at the meeting.
Carson moved:
Barbre seconded1 The Planning Commission approve the Minutes of
December 17, 1985 as amended.
AYES:
Stoel, Allen, Barbre, Beier, Carson, Gourdin, Magnuson, Hulhern
NAYS : None
ABSENT• Hesa
ABSTAIN: None
The motion carried.
III. SUBDIVISION WAIVER
Ramon Jacquez Agent CASE U-86
Hrs. Romans stated that the applicants are still meeting in the
hallway to try to reso l ve some of the problems wit h the proposed
subdi vision waiver, and suggested that the Commission might want
to proceed with the remainder of the agenda .
I V. FINDINGS or ract
Shiv Jee Jha CASE 137-85
Hr . Stoel stated that the Findings of Fact for Case #37 -8 5 were
to b e considered for approval .
Hr. Beier noted that his name was also om itt ed from the
a ttendance role listed in the Findings of Fact; also that the
case citation was given as #37-7 5 rather tha n #37-8 5 .
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Carson moved:
1'.l len seconded: The Planning Commission approve the Findings
of Fact for Case #37-85 as amended.
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"llen, Barbre, Beier, Carson, Gourdin, Magnuson,
Mulhern, Stoel
None
Hes a
on carried.
ittr:y VliC/t,TJQN r
CJ\SE 6-86
Mr. Stoel asked that the staff discuss this request.
Hrs. Romans stated that the Commission has recommended vacation
of the west leg of the •T• alley in Block ' of Higgins South
Br oadway Heights, on two different occasions finding that there
is no reason to retain the right-of-way. Hrs. Romans reviewed
the previous requests for vacation of the right-of-way, and noted
that a 50 foot turning radius has been provided to connect the
north/south alley with South Emerson Street via the east leg of
the "T" alley. When the City Council approved the vacation of
the alley, a provision was added to the ordinance that if a
building permit was not issued within 180 days, the alley
vacation was void. " building permit was not issued within that
time frame, and the property owner now has to reapply for the
alley vacation before he can pursue development plans for the
site . Mrs. Romans noted that the architect, Mr. '1rt Swords, is present.
Mr. S toel asked why the 180 day stipulation was included in the
va c at i ng ordinance . Mrs. Romans stated that this was done by the
former City littorney at the request of a member of the City
Counc i l . Discussion ensued .
Mr. S words displayed working drawings of the proposed
developme n t, wh i c h is a n out-patient surgery facility and will be
u s e d in conj un ction wi th Swedish Medical Center. Mr . Swords
st a ted t h at t h ey h ope to break ground by the end of '1pril
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1986 .
Mr . S wo r ds d i scussed the access to and from the development, a n d
demonstrat ed w i th the draw i ngs the adaptation of the build i ng to
f i t t h e t opography of the site .
Hr . All en asked what the Fire Chief felt about access for
e mergency equipment to the site. Hr . Swords stated that the
d eve loper s had met with Mr . Groditski, Fire Marshal,
app r o x i mat ely three years ago, and at that time the 50 foot
radius was acceptable; they do want the alley to be paved .
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Mr . St oel asked if the Commission members had any questions, or
if the staff had anything to add. Hrs. Romans stated that the
staff has previously met with all concerned departments, and no
objections were received. Hr . Beier asked if the 180 day
stipulation should be included in the recommendation. Hr. Stoel
stated that he did not see any need to include such a provision;
the right-of-way is not needed, and should be vacated.
Carson moved:
Beier secondeda The Planning Commiesion recommend to City
Council that the following right-of-way be
vacateda The alley right-of-way which adjoins
Lot 20 on the South, Block &, Higgins South
Broadway Heights, ~rapahoe County, Colorado,
extending East from South Clarkson Street to
connect with the east and north/south portion
of the Clarkson/Emerson alley in the 3500
block South. This recommendation is based on
the following findings:
1. That the alley right-of-way adjoining the
south aide of Lot 20 1 Block &1 Higgins South
Broadway Heights, is the vest leg of a "T"
alley which bisects property owned by the
applicant.
2 . That persons using the north/south portion
of the alley off of East Hampden ~venue have
access to South Emerson Street via the east
leg of the "T" alley and that this pattern has
been established for many years as the
principal means of ingress/egress to the alley .
3 . That the vacation of this west leg of the
alley right-of-way has been approved by the
City Planning and Zoning Commission and City
Council on two other occasions; but, in both
instances the vacation action was not carried
to completion solely because an 180-day
deadline to obtain a Bu ilding Permit was
attached to the vacation action, and that
deadline could not be met.
4 . That the aforedescribed alley is no longer
necessary and serves no public purpose.
5. That the applicant is den ied the use of
his property in the R-3 High Deneity Residence
Zone District b ec ause it is bisected by the
alley right-of-way.
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Barbre, Beier, C•rson, Gourdin, Magnuson, Mulhern, Stoel, Allen
None
ABSENT 1 Hes a
ABST1'IN: None
The motion carried.
IIICB). SUBDIVISION Wl\IVIR
Ramon Jacquez, 1'9ent CASE 11-86
Hr . Stoel asked that the applicants present their case.
Hr. Bill Graveley stated that he is an attorney representing Hrs.
Chongae Jennings and Hr. Ki Chul Choi, current owners of Tract B .
They purchased the property from Hr. Jacquez one year ago, not
realizing that this purchase was in violation of the Municipal
Code. The individual holding the Deed of Trust from Hr. Jacquez
on the total parcel has instituted foreclosure proceedings
against Hr. Jacquez because he sold part of the holdings without
paying the •greed upon sum to Hr. Klockner (holder of the Deed of
Trust). Hr. Jay Hamburg wants to purcha1e Tract B from Hrs.
Jennings and Hr. Choi, but has asked that the illeg•l purchase of
the property by Jennings/Choi be corrected prior to his purchase (
of the property. Hr. Graveley ••id that the interested parties
have been meeting earlier this evening in •n effort to reach a
solution to some of the problems involved on this site. Hr.
Graveley stated that he feels they have arrived at a consensus
that will allow the waiver to be •pproved by the Commission.
Points
1.
2.
3.
4 .
outlined by Hr. Graveley include•
Hr. Hamburg is willing to purchase Tract B as shown.
Hontura De Plat• Corpor•tion (Hr. Jacquez) agrees to
sell to Hamburg "Parcel C".
The p~at will be modified to show only the east and west parcels.
Hontura De Plata has agreed to vacate easements that are
shown across Tract B.
Hr . Graveley 1tated that they are asking the Planning Commission
to consider granting the waiver under the condition1 outlined,
namely that the property will be divided into two parcels• east
and west parcel. Parcel •c• will be eliminated and combined with
Parc el "B". 1'11 easements existing across Tract B will be vacated.
Hr . 1'llen asked the purpose of the e•sements across Tract B. Hr.
Graveley stated that the easements were granted by Hr. Jacquez as
additional means of acceaa. Discu1sion ensued. Hr . Carson asked
about the easements in Parcel "C". Hr. Graveley stated that the
easements on Parcel "C" were recorded years ago, but are not
used . These easements are not under consideration for vacation
by the applicants; only those easements across Parcel "S " .
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S1A TT JU:J•ORT RI:
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ALLEY \'ACATIO!l
Ca se Nn . IJ-8 6
TI 1E. vacation of a portion of the Clarkson/Emerson alJey in tht 350 0 hJotk bOU th.
!'u dernan Development, 1 nc .
48 Ch arlou Circle
Engle.,ood, Colorado 80111
LO CA TI O:::
The "'·est 1 e g of a "T" alley that intercepts South Clarb:on Street
approx imately 1 00 feet north oft. S. 285.
ZON !: DIS TRl CT:
R-3, High density Residence.
STAFF RECO~::'-fEJ-,-:JATION:
The Planning Division staff recommends that the right-of-way
described as follows be vacated:
TI1e alley right-of-way "'"h ich adjoins Lo t 20 on the South,
Block 4, Higgins South Broadi.•ay Heights, Arapahoe County ,
Colorado, extending East from South Clarkson Street to con-
nect with the east and north/south portion of the Clarkson-
Emerson alley in the 3500 block South.
In r ecommending the vacation, the staff finds:
1. 1bat the alley right-of-way adjoining the sout h side of Lot
20 , Block 4, Higgins Sou th Broadi.'ay Heights, is the west lei; of a "T"
alley which bisects property owned by the applicant.
2. That persons using the north/south portion of the alley off
of East Ha mpde n Avenue have access to South D:terson Street via the·
ea ~t 1 eg of the "T" alley and that this pattern has been established
f o r many years as the principal means of ingress/ egress to the alley.
3. That tht vacation of this west leg of the alley right-of-way
ha s been approved by the City Planning and Zoning Commission and City
Council on two other occasions; but, in both instances thl· vacation
action was not carried to completion solely because an 180-day deadlin~
tn oh l a in a Building Permit was attached to the vacation action, and
th n t dead] in ~ cou] d not bt n1N.
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4. That th aforedescri be d all cy i s n o lon ge r necessary and ser vei, n <• puhl ic p urp ose .
S . ThD t t h r ap pl icant i s denied the U SC' n f his prope rt y i n t he
R-3 lli gh -d cns H y Residence Zone District because it i s bisected by t ht &lley right-o f-wa y .
D[SCr.J PTJ O!\ or Sl'BJC CT SITE Alm ADJACEl \T AF..[A:
The alley divides a site whi ch i s loc a t ed n orth of . S. 285 between
South Clarkson St r eet an d Sou t h Eme rson Street. The t o po graphy o f t h e
pro perty is sloping in charac ter, varying in elev ation fro ~ 5,3 6 8 on
t h t ex treme no rtheas t co rner o f t he si t e on Ene r son t o 5, 344 on the
e >:tre1:1e s o uth-.•est c o rner of th e site a t U.S . 28 5 and Cl a rkson.
TI1e n o rth 100 fe e t of the block is zoned B-2 , Business , and is
developed -.·i th cor..'llerc ial uses . The r emain der of t he block is dEveloped
with residences, primarily single-f amily.
The subject site is the former location of the Mo lkery Nurs ing Home .
The nursing h ome s tructures and t wo res idences were d err o l ished by Mr.
Suderman seve r al years ago in anticipation of develo pmen t .
BACKG RO .~D OF PREVI OUS ACTIO N:
This area of the City wa s annexed in 1 94 6 and from that time until
1963, the subject site wa s zoned f o r single-fami l y u se . In 1963, it
'"'a s rezoned to R-2-B, Two-family Residence Di strict, which pennits b o th
a single an d a tw o -family u se . Upon a pplication filed by Oliver Sideb o ttom,
Ernest H. Brink, and Hugh P. Thomas, t he zoning in this block, exclusive
of the commercial strip a long the n o rt h 1 00 feet of the block, wa s
changed to R-3-A, Multi-family Re s idence in l9b9, and t hen R-3, High
Densi t y Residence in 19 7 5 .
TI1e propert y now owned by Mr. Suderman was origi nally t o have been
t he location of Halcyon He ight s Il, a multi-family residential s tructur e.
1h Development Plan for Halcyon Heights II was considered by the Com-
mission and City Council in 1975; however , due to financing prohlems ,
the project fell through. The alley vacation wa s al so a pp roved by t he
Planning Commission and City Council , but wa s dropped when the plan s for
Halcyon Heights 11 were aborted .
One of th e c o nditions attached t o the approval o f the all£y vacation
in l975 was t hat th e City be given a Perpetual Eas em ent across t he back
o f Lo t s 31 and 32 o f Bl ock 4 t o provide a SO.OD f oo t turning radius t o f acil i~ate the turn from th e no rtl1/south portion o f the alley t o t he
eas t leg of th e alley .
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~1 All' JU l'OJ;T Al.l.r.Y VACAT10::
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Mr. Sudern1an even tually purchased the prop erty and in 1981, subrn1tt C'd
1 l:m ,;; f r•r tli e con!'truction of a rn u lti-stoT)· pro fessional o ffice· buUdinf.
Th e flannini; Comm is s i on appro ved tl11e parkinr lay out for t h l:! office buildinr
and c o mmended th e ap plicant o n h i !> p r esentation.
}:r. Suderman once again r equt:sted that t he "''e$t leg of the alley
he vacated and obtained th~ Perpetual Easement for the City for t he
turn ing r adius that had been r equi r ed earlier of };r. l:ipke. The Pe rpe tua l
Ea!:ernent i s r ecorded in the office of the Arapahoe County Clerl: and Rec o rd e r
a t Bo ok 3577 , Pages 204 through 206, inclusive. Both the City Planni ~g
and Zoning Comm is s ion and the City Council approved the vacation of the
1..·es t 1 e g of th e alley, but in th e approving Ordinanc e , Ordinan ce N0 . 1,
Series of 1982, the City Council attached a c ondi tion that if a Building
Pe rr.dt was n o t issued "'·ithin 180 days , the alley would n o t be Yacatl:!d.
;J ,o ut that ti.'lle, the economy shift ed , and Mr. Suderman experienced
tro u b le in financin g the proj ect and c o ul d not apply for a Permit with in
the required time-frame ; s o , once again , the alley vacation was aborte d .
fa•e r sin c e that time, Mr. Suderman h as c o ntinued to try t o put together
a Yia b le project f o r the site an d t he staff ha s been contacted periodically
J.y t he Architect, Art S1..•o rd s .
Mr. Suderman is now prepared to submit plan s for an out-patient
surgica1 facility on the site and is again having to request t hat t h e
<>lley be vacated in order that the pro ject can proceed. The proposed
building will be s maller t h an originally planned with four levels --
three stories, and a basement. The two lower levels will be devoted
t o the facilities for the out-patient surgery and doctors, and the two
upper levels will be office suites. The Technical Review Committee has
met with Mr. Suderman and Mr . Swords and there are no problems with the
planned c onst r uct ion.
RJ:LATIO!\SHIP TO THE CO~REHENSIVE PLAN:
The Comprehensive Plan shows this area as mixed use development,
compatible with the Swedish Medical Center .
co~mt 'TS FRO:·! OTIIJ:R DEP ARTM J:l\TS:
No department h a s at any time objected t o the vacation of the west
l e g of th e alley . The only reques t has been that the easement for thE:
turning radius be provided and this was carried out in 1981.
DEPARTI!ENT OF COH:-nJNITY DEVELOPMJ:NT ANALYSIS:
Considerable t imE: has been spent by the developer, the s taff, the
rlanning Comm ission and the City Council since 1975 in considering whe tl1 e r
or n o t th e wes t 1 eg of the al 1 ey in Block 4 should be vacateo.l. lt wa s
detcrminE:d in 1975 and agoin in 1981 that the re wa s n o pub li c purpo •(
f o r rc·toining th1.. f!ul>ject right-o f-wa y . ln hnth 197 ~ nnd 1981, thr
eas rmrnt f o r tl 1e turning radiuf' tl• tlH e ast lt-g o f th( 11lley wa « at
J s ,-u, , 11nd t ld •, h i!•; hecn T N .CJ ] vul. n ,,. we ~;t l 1·g of t 111 · n) 11 .' sl1oul cl
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Al.Ui' VACATW::
CaH· Ne•. 6-81•
be vacated once and for all in order that d e velopment of this site can
proceed .
The drainage , utilities , access , landscap ini; and alley impro\'ement s
hav< been consider< d by the appr 0pri ate de partmen t s in 197 5, 1981 , and
ai;ain at t h is t ime . These matt ers are all p art of t l1e c o nstruct i o n pa c ka ec·
and ~ill be appro v e d in that process .
gw
1/16/86
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ALLEY PORTION TO ,1 ~?
' 1 BE VACATED -1 G-'i .5Cf'T. ~ J~ -... J.'.~~ ~ t . r: .. : I 1''-Dl\l.S
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PE 30 '. [' RMA NENT TUR NI NG .
EASEMENT 0"._DlCATED -CD.. ! •
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, r: ROPEn-:-1• f\ ~ • IN"iOLVED
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BY ht THOF:I TY
0~~I NhN CE ~o. I
COUNCIL BILL NO. 95
INTRODUCED BY COUNCIL
1-:El-:EER BRJ-.DSHl.\':
"l HJ L S OF 198_., __ _
l -.!< OF..D INJ,NCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN
bLOCl: 4, HIGGI!~S SOUTH BROhD\·;J,y HEIGHTS, ACCEPTANCE OF 1-.N E;..SEJ.:I:!~'Ii
E SThFL ISHING CO!JDITIONS FOR Sh!D VhChTION OF ALLEY.
\·:HERI:AS, the Engle\.:ood Plan:-iing Corn.-nission has considered
a prop o sal to vacate the west portion of the Talley in Elock 4,
Hig g ins South Broadway neights: and
1-:nEREJ.S, the proposal calls for a 50-foot turning i;adius
L asc~en t to be granted to the City of Englewo od; and
\':l l EREAS, the alley abutting property described a s Lo ts l 7
t hro u 9 h 30, Block 4, Higgins S ou t h Broad~ay Heights, hra p aho~
Co~n t y , Colorado , would be pave~ in accordance with City require-n,e;:-i ts; and
1·:-rlEREJ..S, construction of an oifice building or. the site
wou'.ld be enhz.nced by the vacation: and
\·:HERE.l\S, given that a turning radius easement wpuld bt
granted, the alley paved, and the property i mproved on the West
p o rtion of the T alley; and
and
KHEREhS, the aforedescribed alley is no lon ger necessary;
~:HEREAS, the Englewood Planning Commission has recomm ended
vacation of the aforedescribed alley.
NOW, THEREFORE, BE IT ORDAil'\ED BY THE CITY COUNCIL OF THE
C ITY OF ENGLEWOOD, COLORADO:
Section 1. The following described portion o f pu b lic rig h t-of -
wa y l o ca ted in the City of Englew0od , County of hra p ahoe , State
of Color ado, is vacated subject t o the t e r ms a n d conditi ons in
S ection 2 hereof:
The alley right-of-wa y wh i c h a djo ins Lot 20 on thL
S o uth, Block 4, Higgins S o~th b r oa dw ay He i g ht s ,
e x tending East from South C lbrk son Stree t t o conne c t
\d th the e:ast and north/s ciutt. p o rti o:-i of the:
Clarkson/Emerson alley in t he 35 00 E l ock S o uth.
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c.) The. follC'l\·:in g cic.rcr.ibc.d J'ro pc.-r ty mu st l •c qlai .t.c.:1 to th(
c:i•,y !:U!..•!:t.anth.lly in ac c0r c.i anc c \·:i t h th a t ini-t.ruM.ii t iounci in
i.:-:Lil:·i t. i-. hereof --Gr.-nt of T-!,rpetual r o.s c.;:,e;nt:
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Commencing at th e Sh' c orner of Lot 31, Bloc}: 4,
Eouth Broaci~ay He:ights, saici point bein g the
~~int 0f beg.inning; then ce northe.rly a)c ng the Kest
line of Lo ts 31 and 32 , a distance of 50.0 fe e t t o
th ~ ~K corner o! said Lot 32; thence. along th e
£re of a curve left ~hoEe c enter be ars East ~avin9
a delta of 90°0D'OOR, a radius o! SO .O f eet , a
distance of 7 8 .54 feet to a point on the Ecu t h
line of said Lot 31; thence ~esterly a nd a)0ng
said S outh line a distance o: 50.0 feet to the.
point of beginning, hrapahoe Coun t y , Colorae o .
~ T~at the por ti on c! the alley abut t ing Le t s )7 t hrough
El~c~ C, Ei~sins South Eroa5~ay hEiQ~tE , hrapahcc C:~n ty,
c~ Lnolevooc , State c! Col oracic , b~ ~avec in acccrfo.n ce
~~e r~guire;:~ntr c~ the Ci t y Cod e of . t~e Ci ty c! r~rle~ood .
.:I Tha: t hee o-.··ncr c! Lo -:.s 17 t:O-irc.:.i:;:h :?C •, Ele>d: 4, !::ig;ins
~c-1.:.:..!. i::-oc-C",,cy hci9!-4t.~, ;..ra ;i c hoe Cot::--.t y , C:..t:,1 c! I:-.;:€:'.·0 :.1 =.,
f"t~tE c! Co)oraco , ap;:ly for and be icsue.d a bw i lC::'..r.~, r e 1T..it for
s £!~ real a rcc.l allo~in~ fer the. con~tr ~.:ticn of a n 0~~1ce
t:.iillin; the re=n v1 t hin lP O da ys;
5) That ~pon co~pletion of the forecoino conf i t ions a),
~), a~= c), th e ~ar == c~ the City o: En glE~ood-iE a ~t ho :ized to
exec;.it.e a Quit Clain-. De::ed vacatin g the p:o;:.e:ty a6jac ent tC•
portion of alley described in Section l hereof.
Introduced, read in full, and passed on first reading on
the 21st day of December, 1981.
Published as a Bill for an Ordinance on the 23rd day of
Decer:iber, 1981.
~ead b y t i tle and paEsed o n final readin g on the Cth day
of Jan~~ry, 19E~.
Pub liEhed by title as Ordinance ?;o , / , ScrieE o! 1982 ,
or. th.: 6th day of January , 19&2. -'----
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l, Gary R. Higbee , e>: officio City Cler}:-Tr cc~uHr of t he:
City of Englewood, Colorado, hereby certify th at th e: f ore~oin~
js a true, accurate and complete copy of th e Ord inance: pc~sc:o
on final reading and published by title-as Ordi nance-!lo ._.!./ __
s~ries of 1982.
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SCA.LE JN FEE"T
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LE GA.L O::SCRJPTIO'J -DRIVEl-IAY EASEMENT
A DRJVEh';:..Y EASEt-\'::1'11 OVER AND ACROSS POiHIO!JS OF LOTS 31 !>:JD 32, B:...OCK ll, HIGG!t:S
50d1H 800!.;)\IAY HE IG HTS, COLNTY OF ARA 0 A>-oE COUNTY, COLORADO, 6EJNG MJ RE PARTICU'-At<L'
DESCR IB:::D AS FO LL 0 \·15:
CO"\''~t.:Jt G AT THE SClVTH.£ST COR!JER OF SA.ID LOT 31 , SAlD POINT BEltJ'; TH:: POJt,'T OF
P.::GJIWN ;; TH :CtKE 1..r.i -1HLR LY l>:D ALQ:JC.: TH !: h'ESl LlNE OF LOTS 31 J>;D 32 A OlSTA' CE OF
'.:, '· OCI FEET TO TH E t.oi:T H.T::ST CO R t;:R OF S!;JO L01 ::~; THC:NCE ALWC, TH :: ARC OF A CL'. 'E
LEFT\-.' SE CEt-'TER BEAt::S EASl Hll.\'ltJ".; A DELTA OF 9::l "0'.J '0Cl", A RJDIUS OF 5:1.00 FEE1,
"D ISTANCE O F 78.51. FE[l 10 A POltJT o·..: TH:: SOUTH LltJ:: OF SAI D LOT :?1; 1HoJJCE HESl[t:.L)
l...'J ':_, "1.0'~'.', S41D SOJT H LllJ[ A DISTAt CE o r 5~.o:.i FEEi TCJ THE POl1'1 OF 6 ~Gl1Nlt :,.
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CRAN'!' Ol'' Pl::kl'l::TUAL EAS EMENT /.v t(
l :ii.:11 , Ly .ind b~t ... ~-.:n MAXINE LlC 014 (h e reinafter referred to as
·..;, ""'"r ") •ll J the CITY) Of ENGLl::WOOD, (hereinafter ref.:rred to
Wri.£R.t:h~, Cc~ntor i~ the pres~nt own~r of certain real
hcJ..'1h ta, A.r.apahi.>c C~unty, ColoraJo (h~r~inJ.ft-=:r referred to as
dr1ve w~y e~•t:1llcnt and right-oi-w .. y across a portion of said Lots
Jl .. nJ 32 tor the purpose of allowin9 in~ress and c9r.:ss of fir~
~rcv~ncion ~qui p!Rc:nt ~eras~ ~~id Lot~ 31 dnd 32 and adjac~nt lots;
..a n J,
1t1u::RJ::As, G1·.u1t"r is willing to 9rant said drivt:w.iy ease-
tr.cr.t .\h J righc.-of-way in r-.:turn tor Gruncei.:1 :> promise to va.ca.t.~ all
.:.f thu p.:;rtion of the w .. st leg of the 16 foot wide "T"-sh.,p.:d alley
in l:l.).;.: 4, Hig9ins Svuth Bro.iJway llei9ht s, which l e 9 is bounded by
the •Cuth line of L"t 20, Blvck ~ on the north, and the north lin.:s
of Lot~ 21-2 4 and a portion of Lot 25 of Block 4, on th.: south .
NOii, TU.C:REFOtu:, r'or .. nd in con .oid..:ration of che swu of
l. Cr;S .. t o r h~r.:by 9r11nt.s, barga.J.ns, sells a nd convey~
r io;r.t-ct-... y over, .. ere••, t hr ough and unJ.:r portions of Lots Jl
Cc.l..u.~r .. _i 11 " "c. tht.:: :avuthwt.::.c.t cvrni.:r of s"l.d Lot
31, :aa ta ~v 1nt bt.::ln~ th~ point of Ld91nnin9;
thcr.~-.: nv rth..:r y alo g thd W..::it. lint: of Locs
31 .,r.~ ;~ u ~i•ta nc" cf 50 .00 f.,~t to the north-
•-=•t ceirot:r oi atJld Lot 32; thc:nc-: along tht: arc
v f a. curve l\!ft •ho :ac c ...:n t "-r b~a.rs east having
• delt~ o r 90°00 '00", u rddi us of 50 .00 t.: t, a
diatd nc~ c t 7 d.54 f ~~t to a point on th~ tiOuth
11n d ct ~aiJ Lo t Jl; th~ncu w~s c.,rly and alon9
aa1d ~outh l1n., a di .tancu of 50 .00 feet: to th~
po1n~ at c~ginn1n9 .
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2. The dr1ve"'"Y edbe;n,..:nt .. nd right-of-..,ay gronted
ncrc1n ~hall be non-cxclusiv..: and shall be in addition to ~uch
other right•-of-way or eo~ements presently possessed by Grantee
ond •h4ll be •ubject to prior rights-of-way or easements pos-
•~••~d by oth~r govern~ntal agencies or entities.
3. Thi• grant of perpetua l easement and right-of-way
hcro:in conca.ino:d i~. and ~hall be, .. xpressly conditioned upon th<!
final adoption of on ordinance, by the City Council of the City of
~ngle..,ood, prop.:rly vacating. all that portion of the west leg of
the 16 f<><>t wide "T"-»haped alley in Block 4, Higgins South Broadway
Ho:ight•, ..,hich leg is bounded by the south line of Lot 20, Block 4,
on the north, and the north lines of Lots 21-24 and a portion of
Lot 25 of Block 4, on the south.
4. In tho event Grantee or its successors ever abandon
the u•e of thi• ea•<!n~nt for •aid purposes, all rights granted hereby
•holl terminate, and the fee simple titlb to Lota 31 and 32, Block 4,
Higgin• South Broadway Heights, Arapahoe County, Colorado, shall no
longer be encumbered by the driveway easement and right-of-way
cre~ted by this in~trument.
IN WI1'N.t:SS WHEREOF, the parties hwve executed this Grar.t
of Perpo:tual Eoso:...,nt the day and year first above written.
CAAN'l'OR:
KAXINE L!Gilll
A'!"l'.t:ST :
CRAHTEE:
CITY OF ENCL.t:WOOD
ATTEST :
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STA'tf: OP COLORADO
COUHT't Ot'
as.
Sub•cribed and sworn to before ma this .SO&A-day of
1981 by Ma xine Ligon Gran tor .
Witne•• my hand and official s e al.
Hy cou1mi•"ion ex p ires: /.1 ( Z I<( l C
)
HQOtary Puic
STATI! Ot' COLORADO
COUNTY or
Subacribed and aworn to before ma thia day of
N.i• .. Lcr, 1981 by ________________ o.f the City
of f:ngl~wood, Grantee.
Witne•• my hiaild and official seal.
My commi•sion expires: _________ _
Notary Public
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AUVUST 20 I 1961
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LEGAL DES CRIPTl()>j -DRlVWAY EASEP't:NT
A DRIVEWAY EASE/"CNT OVER IWJ ACf<OSS PORTIONS OF LOTS 31 ANO 32, BLOCK 4, Hlc;GrnS
SUUTH SROADl-IAY HEIGHTS, COl.NTY OF A.RAP/lKJf. C~TY, COLORADO, BEING Kll<f PAATICuu..<l.Y
DCSCR I !XO AS FOLLOl'IS :
COVi-CNCING AT Tl'£ SOUTH.~ST CORNER OF SAID LOT 31, SAID POINT llEING 11'£ POINT OF
C.EGll..NING; Tr£NCE r()RTHERLY ANO Al.ONG THE h1'ST LINE OF LOTS 31 lltl) 32 A DISTANCE OF
:;cl.00 FEET TO Tl'£ 1-0r.TH.ICST COOt.ER OF SAID LOT 32; Tt£NCE AL.ONG THE ARC OF A CUllVE
L£FT ln)SE CENTER t!EARS EAST HAVING A DELTA OF 90°00' 00", A RADIUS OF 50.00 FEET.
A Dl ST.:.N CE OF 78.54 FE ET TO A POINT ()>j THE 50\JTH LINE OF SAID LOT 31 ; THENCE WESTERLY
W.0 ALGr<C. SAID SOUTH Lll A DISTANCE Of 5Q.OO FEET TO THE POINT OF BEGINNING .
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C 0 U N C I L
DATE January 28, 1986
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
Vacation of the west leg of the
SUBJECT alley in Block 4, Higgin s South
Heigh t s . (Clarkson/Emerson alley,
INI TIATED BY Ci t y P l a nning and Zo nin g Commission.
ACT I ON PROPOS ED Finalize the vacation of the portion of the alley in Block 4 ,
Higgins South Broadway Hei ghts Subdivision which adjoins Lot 20 of said Block 4 on
the sou th .
INTRODUCTION/BACKGROUND:
The west leg of the alley in Block 4, Higgins South Broadway Heights Subdivision -was
vacated by the City Council by Ordinance No. 1, Series of 1982; however, a rider was
included in the Ordinance that, if a Building Permit were not applied for a n d issued
within 180 days, the vacation would not be effective.
Marlene Suderman was the owner of the property at that time and was represen t ed i n
the v acation request by her husband, Abe Suderman. Mr. Suderman is an architect ,
an d the Sudermans had planned to construct a multi-story professional office building
on the site. The plans had been submitted and approved by the staff and referred
t o the Planning Commission which body approved the parking plan. The plans were
reviewed by the City Council in conside rin g and approving the alley vacation request.
The interest rates were fluctuating at that time and financing became a stumbling
bl ock , s o a Building Permit was not requested or issued within the 180-day period,
so the vacation was not finalized under the terms of the Ordinance.
lt should be noted that in 1975 the Planning Commission and Council voted to vacate
the same portion of the alley upon the request of Harold Kipke. Mr. Kipke planned
to construc t Hal c yon Heights 11 which was to have been a senior citizen housing
dl'velnpmen t, but he r a n into fina nc ial problems and the City did not proceed with
the vacation.
Now for th third time, the City is considering a request to vacate the west leg of
th • allev in Bloc k 4, Higgins South Broadway Heights. Mrs. Suderman still owns
the property and she and Mr. Sud rman intend to construct a building with three
tories a nd a basement on the site. Th building will be occupied by doctors
a~soc iated with the Swedish M dical Center who plan to operate an out-patient
ur~ical facility at that location. The west leg of the alley still bisects the
property a nd the Sudermans cannot proceed until it is vacated. Because there is
at least a 24-foo t differenc in elevation between the north ast and southwest
orn r s of the site, the most appropriate location for the building is on the west
~rtio n of the property which is bisect d by the alley.
h no r nia l pattern for the us of the alley is via the east leg of the "T" alley
n Sou h Emerson Street and not to the west to South Clarkson Street. The City
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had asked Mr. Kipke to provide a 50-foot turning radius at the intersection of the east
leg and the north-south alley as a condition to the va ca tion, but he aborted his plans
before doing so. Mr. Suderman did provide a perpetual easement for the required turning
radius in 1981, which easement is recorded in Book 3577 at Pages 204, 205 and 206 in the
office of the Arapahoe County Clerk and Recorder.
In conf irming the present ownership of the property, the staff became aware that some-
one in the City recorded Ordinance No. 1-82, and the Arapahoe County Assessor's Office
picked it up and has shown the alley as being vacated. The County has assigned the
north one-half of the vacated alley to Lot 20 and the south one-half to Lot 21. The
staff discussed the matter with Assistant City Attorney Reid, and she advised that,
since there was a condition in the Ordinance vacating the alley which was not met,
the Ordinance should not have been recorded, and the County should not have changed
the legal description of the adjoining lots. Mrs. Reid advised that the matter of
the vacation be processed once again.
RECOMMENDATION :
The Planning Commission considered the vacation at its meeting on January 7, 1986,
and recommended that the vacation be approved without a condition's being imposed
on the vacation tying it to the issuance of a Building Permit. Mr. Suderman has
already obtained the turning radius to the east leg; and, in the process of obtaining
a Building Permit and Occupancy Permit, will meet all other City requirements.
The City has found on two previous occasions that there is no public purpose to be
served by retaining the right-of-way for the west leg of the alley in Block 4, Higgins
South Broaday Heights. It is, therefore, the recommendation of the City Planning and
Zoning Commission that it be vacated, finalizing the action taken by Ordinance No. 1,
Series of 1982.
SUGGES TED ACTION:
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BY AUTHO RITY
ORDINANCE Nv .
SE RIES OF 198_6_
A BILL FOR
AN ORDINAOCE AMENDING TITLE 1, CHAPTER 6, SEX::TION ; TITLE 1,
CHAPTER 6D, SS::TION 2; TITLE 5, CHAPTER 3A, SECTION 3; AND TITLE
11, CHl\PI'ER 1, SECTION 1, OF THE ENGLEWOOD MUNICIPAL COOE 1985 TO
ASSIGN CERTAIN DUTIES TO THE CITY CLERK.
WHEREAS, because of the increase in the workload of the
office of Director of Finance ex offic ' City Clerk-Treasurer, City
Council desires to create a separate ivisi n of City Clerk under
the Director of Finance; and
WHEREAS, to separate the
of the Director of Finance, it
Municipal Code whe e there are
of Finance ex off' City ler
1-6-2:
t itle l~hap t er
follows:
AL ORGAN ATION:
6, Section 2, Subsection A,
A. The rative Serv ice of the City s hall be divide:'l under
the Ci ty Man age r into the following departme nts and he ads
thereof:
De pa rtment
Utilities
Wa stewater Treatment
Finance and Recording
Police
Fire
Public Works
Eng i neering Services
Parks and Recreation
Conmunity Developnent
Public Library
Employee Relations
1
He ad
Director of Utilities
Director of Wastewater Treatment
Director of Finance, ex officio
~t;y ~leEk-Treasurer
Chief of Police
Fire Olief
Director of Public Works
Director of Engineering Services
Director of Parks and Recreat i on
Director of Carrnunity Developnent
Director of Libraries
Director of Employee Relations
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Section 2. Th a t Ti t le 1, Ch a pter 6D, Section 2, Englewood
Municipal COde 1985, is h ere~y a '!le nded to read as follows :
l-6D-2: RJX:ORDING: '¥Re Bi-Eee~el!' ef F4AaAee SR all 9e eK
efHe4e G4~y GleFk a"A9 1=!4s THE CITY M.1\NAG ER SHJ..LL
APPOINT A CITY CLERK, WHICH POSITION SHALL BE A DIVISION OF THE
DEPART.1ENT OF FIN AN::E. THE CITY CLERK'S duti e s as s uch are
enunerated below and in the Charter .
Subsections A through I remain unchanged.
Section 3. That Title 5, Chapter 3A, Section 3, Subsection F,
of the Englewood M.lnicipal COde 1985 , is hereby amended to read as
follows:
5-3A-3: LICENSING Al1I'HORITY ESTABLISHED:
F. The B4Fee4:el!' ef F4AaAee 7 et1 efHei-e G4.,y Gle1!'k-4Eeas12FeF
-tt:4~y G±eFkt CITY CLERK shall receive all applications for
licenses and s hal l issue all licenses granted by the Authority,
upon receipt of such license fees and t a xes as are required by
law and this Code. The City Clerk shall serve as the official
secretary of the Authority and shall designate a person or
persons to provide the necessary secretarial and reporting
services for the Authority . Th e City Clerk or his designate
s hal l attend the meetings of the Authority . All public no t i ce
by publication in a newspaper and by the posting of signs , as
required by the Colorado Liquor Code, shall b e accomplished by
the City Clerk .
All other subsections in 5-3A-3 remain unchanged.
Section 4 . That Title 11 , Chapter 1, Section 1 , Subsection A,
of the Englewood Municipal COde 1985, is hereby c hanged to read a s
follows:
11-1-1: ADOPTION OF CODE:
A. Pursuant to section 44, article V of the Englewood Hane Rule
Charter, and title 31, article 16, parts 1 and 2, C.R.S. 1973,
as amended, there is hereby adopted by reference articles I to
XXVI, inclusive of the 1977 Edi ti on of the "Mod el Tr affic Cod e
for Colorado M.lnicipalities," promulgated and p..iblished as such
by the State Department of Highways, 4201 E. Arkansas Avenu e ,
Denver, Colorado 80222. The subj ect matter of the Mode l
Traffi c COde relates primarily to comprehensive traffic control
regulations for the City. The purpose of this Olapter and the
Code adopted he rein is to provide a syst em of traffic
regulation cons i stent with State law and generally conforming
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to similar regulations throughout the State and nation . Thr ee
(3) copies of the Mode l Traffic Code adopted herein are now
filed in the office of the ~Fee~aF ef FiR aAee 7 eM a££ie+a City
Clerk of the City and may be inspected during r egular business hours.
Section 5. This Ordinance shall become effective February 1, 1986.
Section 6. In the foregoing sections, those words capita lized
are additions to the Code; those words lined out are deletions.
Introduced, read in full, and passed on first reading on the
3rd day of February, 1986.
Published as a Bill for an Ordinance on the 5th day of
February, 1986.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the .lr.d._
day of Februar~ 1986.
Gary R. Higbee
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ORDINAN:::E NO.
SERIES OF 198_6_
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BY AUTHORJ TY
A BILL FOR
AN ORDINA!CE AMENDING TITLE 1, OIAPI'ER 6, SECTION 2; TITLE 1,
OIAPI'ER GD, SECrION 2; TITLE 5, OiAPI'ER l!I, SEC'l'ION 3; AND TITLE
11, OIAPrER 1, SECrION 1, OF THE ENGLEWOOD MUNICIPAL Q)DE 1985 TO
ASSIGN CER'rAIN DUTIES TO THE CITY CLERK.
WHEREAS, because of the increase in the workload of the
off i ce of Director of Finance ex officio City Clerk-Treasurer, City
Council desires to create a separate division of City Clerk under
the Director of Finance; and
WHEREAS, to separate the duties of the City Clerk fran those
of t he Director of Finance , it is necessary to amend the Englewood
Mun i cipal Code where there are references to duties of the Director
of Finance ex officio City Clerk-Treasurer;
N<M, THEREFORE, BE IT OR!ll\INID BY THE CITY COUN:IL OF THE
CITY OF ENGLEWOOD, COLORAOO, AS FOLLCMS:
Section 1 . That Title 1, Chapter 6 , Section 2 , Subsection A,
be amended to read as follows:
1-6-2: DEPAR'IMENTAL OR:i.l\NIZATION:
A. 'Ihe l!dministrative Service of the City shall be divided under
the City Manager into the following departments and heads thereof:
Department
Utilities
Wastewater Treatment
Finance and Recording
Police
Fire
Public W:>rks
Engineering Services
Parks and Recreation
Conmunity Developnent
Public Library
Employee !elations
1
Head
Director of Utilities
Director of Wastewater Treatment
Director of Finance, ex officio
~~~y 6leEk-Treasurer
Olief of Police
Fire Olief
Director of Public W:>rks
Director of Engineering Services
Director of Parks and lecreation
D ~rector of Conmunity Develoi;ment
Director of Libraries
Director of Employee !elations
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Section 2. That Title 1, Chapter 60, Section 2 and Subsection
I, Englewood l'llnici~e 85, are hereby a.'Tiended to read as
follows: ( /
1-60-2: ~Nb+ CITY CLERK: IPRe 9i,Eeeeet; ff F+AaAE!e BAaH:
Be e£He+e €+ey S±eE AEi A+s THE CITY MANAGER SHALL
APPOIN'I' A CITY CLER K, SITION SHALL BE A DIVISION OF THE
DEPAR™EITT OF FINl\.N:::E. THE CITY CLERK'S duties as such are
enunerated below and in the Olarter.
I. The 9t,Eee~BE ff Fi-AaAee CITY MANAGER may appoint lllE!lllBe£s ff
~e ~~e ef Fi-Aai.ee as assistants and deputies as such
are necessary to carry out the duties of the City Clerk.
Subsections A through H renain unchanged.
Section 3. That Title 5, Chapter 3A, Section 3, Subsection F,
of the Englewood /otlnicipal Code 1985, is hereby amended to read as
follows:
5-3A-3: LICENSil'l:i AUTHORITY ESTABLISHF.D:
F. The 9i,EeeEBE ff Fi-AaftE!e7 etf e£Hei-e GiEy Slel!'lt-!pEeaSlll'el!'
~i-ey ~l'ltt CITY CLERK shall receive all applications for
licenses and shall issue all licenses granted by the Authority,
upon receipt of such license fees and taxes as are required by
law and this Code. The City Clerk shall serve as the official
secretary of the Authority and shall designate a person or
persons to provide the necessary secretarial and reporting
services for the Authority. The City Clerk or his designate
shall atteoo the llV*!tings of the Authority. All public notice
by publication in a newspaper and by the posting of signs, as
required by the COlorado Liquor Code, shall be accanplished by
the City Clerk.
All other subsections in 5-3A-3 renain unchanged.
Section 4. That Title 11, O'lapter 1, Section 1, Subsection A,
of the Englewood /otlnicipal Code 1985, is hereby changed to read as
follows:
ll-1-1: AOOPTION OF OJDE:
A. Pursuant to section 44, article V of the Englewood Hane &Ile
Cllarter, and title 31, article 16, parts 1 aoo 2, C.R.S. 1973,
as amended, there is hereby adopted by reference articles I to
XXVI, inclusive of the 1977 F.dition of the "ttxlel Traffic Code
for COlorado l'tlnicipalities," pranulgated and published as such
by the State Department of Highways, 4201 E. Arkansas Avenue,
Denver, Colorado 80222. The subject matter of the !obdel
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Traffic c.ode relates primarily to canprehensive traffic control
regulations for the City. '!b e purpose of this Cllapter and the
Code adopted herein is to provide a systan of traffic
regulation consistent with State law and generally confoDTiing
to similar regulations throughout the State and nation. 'lhree
(3) copies of the l't>del Traffic c.ode adopted herein are now
filed in the office of the 9beel:M fi ~AaAee-, ett fihei-e City
Clerk of the City and may be inspected during regular business
hours.
Section 5. 'Ibis Ordinance shall beccme effective February 1,
1986.
Section 6. In the foregoing sections, those words capitali:zed
are add1t1ons to the c.ode; those words lined out are deletions.
Introduced, read in full, and passed on first reading on the
3rd day of February, 1986.
Published as a Bill for an Ordinance on the 5th day of
February, 1986.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Fl"lglewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ordinance,
introdoced, read in full, and passed on first reading on the
day of , 1986.
Gary R. Higbee
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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
January 30, 1986 I/
Gary Higbee, Director of Finance INITIATED BY
CITY CLERK POSITION
Establish position of City Clerk as separate ACTION PROPOSED~~~~~~~~~~~~~~~~~~~~~~~~
mid-manager position .
BACKGROUND
currently the Municipal Code provides that the Director of Finance
shall be designated as the ex officio City Clerk with the duties of
the Council, Liquor Authority and Election Commission. Due to the
increased workload related to the specified duties and the workload
within the Finance Department, the majority of the Clerk duties have
actually been performed by the Deputy City Clerk.
The record keeping and publication requirements for Council meetings
are quite time consuming and constitute approximately 50% of the
Deputy City Clerk workload. The actual process of organizing and
holding a municipal election is a major project that requires much
attention to many details. The Clerk duties require attendance at
evening meetings for Council, Liquor Authority and Election
Commission.
The approved, reorganization of the Finance Department included the
creation of a division of City Clerk/Records Management with the City
Clerk position as a mid-manager division head. The task of
impl ementing the centralized, city records management program has been
assigned to this division.
The volume and scope of work delegated to the City Clerk position
would indic ate that the City Clerk position should be recognized as a
dist inct, separate position.
RECOMMEND ATION:
Amend appropriate sections of the Englewood Municipal Code -Title 1,
Chapter 6, Section 2; Title 1, Chapter 60, Section 2; Title 5, Chapter
3A, Section 3; and Title 11, Chapter 1, Section 1 -in order to
establish a distinct position of City Clerk •
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ORDINANCE NO
SERIES OF 198-6~-
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BY AUTHORITY
A BILL FOR
/
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTIO 2; TITLE 1, HAPTER
GD, SECTION 2; TITLE 5, CHAPTER 3A, SECTION 3; AND TITLE 11, CHAPTER
1, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985 TO ASSIGN CERTAIN
DUTIES TO THE CITY CLERK.
WHEREAS, because of the increase in the workload of the office of
Director of Finance ex officio City Clerk-treasurer, City council
desires to create a separate division of City Clerk under the Director of Finance; and
WHEREAS, to separate the duties of the City Clerk from those of
the Director of Finance, it is necessary to amend to Englewood
Municipal Code where there are references to duties of the Director of
Finance ex officio City Clerk-Treasurer;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That Title 1, Chapter 6, Section 2, Subsection A, be
amended to read as follows:
1-6-2: DEPARTMENTAL ORGANIZATION:
A. The Administrative Service of the City shall be divided under
the City Manager into the following departments and heads
thereof:
Department
Utilities
Wastewater Treatment
F inance and Recording
Police
Fi r e
Public Works
Engineering Services
Parks and Recreation
Community Development
Pub lic Library
Employee Relations
Head
Director of Utilities
Director of Wastewater
Treatment
Director o f Finance, ex officio
~-Oi~
Chief of Police
Fire Chief
Di rector of Public Works
Director of Engineering
Services
Director of Parks and
Recreation
Director of Community
Development
Director of Libraries
Director of Employee Relations
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Section 2 . That Title l, Chapter 6D, Sect i on 2, Englewood
Muni c i pa l Code 1985, i s hereby amended to read as follows:
l-6 D-2: RECORDI NG: .ii'fl.e -F-i.~~ ~ -F-i:!'lei'lce ~~ -be~ -off'i-ci--o-
~i~¥ ~•e~k a~Q k4s THE CITY MANAGER SHALL APPOINT A CITY CLERK, WHICH
PO S IT ION SHALL BE A DIVISION OF THE DEPARTMENT OF FINANCE . THE CITY
CLE RK 'S duties as such are enumerated below and in the Charter.
Su bsections A through I rema i n unch anged.
Section 3. That Title 5, Chapter 3A, Section 3, Subsection F,
of the Englewood Mun i c i pal Code 1985, is hereby amended to read as
f o ll o ws:
5-3A-3: LI CE NS I NG AUTHORITY ESTABLISHED:
F .
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The ~~e~ ~ 1'4 .,,.._., ete .ff-£-i.-ei .. e £-i.-t.~ -Oi~~r -{-ei~
eierkt CITY CLERK shall receive all applications for Licenses
and shall i ssue a ll Li censes granted by the Authority , upon
rece i pt o f s u ch Li cense fees and taxes as are required by Law
and this Code. The City Clerk shall serve as the official
secretary of the Authority and shall designate a person or
persons to prov i de the necessary secretarial and reporting
services for the Authority. The City Clerk of his designate
shall attend the meet i ngs of the Authority. Al l public notice
by publ i cation i n a newspaper and by the posting of signs, as
r equi red by the Co l orado Liq u or Code, sha ll be accompl i shed by
the Ci t y Cle r k .
All o t h e r s u bsections i n 5-3A-3 rema i n unchanged.
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Sect ion 4 . That Tit l e 1 1 , Chapter l , Section l, Subsection A,
of the Eng l e wood Mu n i c i pal Code 1985 , is hereby changed to read as
follow s :
11-1 -1: ADOPTION OF CODE:
A. Pursuant to section 44 , art icl e V of the Eng l e wo o d Ho me Rul e
Charter, and title 31, a rticle 16, parts 1 and 2, C .R .S. 1973 ,
as amended, there is hereby adopt ed by reference art icles I to
XXVI, inclusive of the 1977 Edition of the "Model Traffic Code
for Colorado Municipalities, "promulgated and published as such
by the State Department of Highways, 4201 E. Arkansas Avenue,
Denver Colorado 80222. The subject matter of the Model Traffic
Code relates primarily to comprehensive traffic control
regulations for the city. The purpose of this Chapter and the
Code adopted herein is to provide a system of traffic regulation
consistent with State Law and generally conforming to similar
regulations throughout the State and nation . Three (3) copies
of the Model Traffic Code adopted herein are now filed in the
office of the f>i -reet.e-r '0£ f'i:mmee , ~ ·o"f'fiei~ City Clerk of the
City and may be inspected during regular business hours.
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Section 5. This Ordinance shal l become effective February 1,
Section 6. In the foregoing sect i ons, those words capitalized
are additions to the Code; those words lined out are deletions.
Introduced, read in full, and passed on first reading on the 3rd day of February, 1986.
1986. Published as a Bill for an Ordinance on the 5th day of February,
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing is
a true and complete copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the day of
---------' 1986.
Gary R. Higbee
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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 SUBJECT
February 2, 1986
AGENfA I.TEM
I 'f-{)..,/ Appointments to Boards & Commissions
ACT I ON PROPOSED Appointments to various boards and commissions
Background
The following vacancies in Boards and Commissions currently exit:
Election Commission -One vacancy expiring February 1, 1986
Board of Adjustment & Appeals -One vac~nc y expiring February 1, 1986
Library Board -One vacancy expiring February 1, 1986
Recommendation
The individuals listed below are appointed to fill the following vacancies:
--Ken Bull, 5001 S . Washington Street, Election Commission for term to expire:
February l, 1990
--Howard Brown, 3183 S. Race Street, Board of Adjustment & Appeals for term to expire :
February 1, 19 90
--Lois Ste rling, 4800 S. Fox Street, Library Board for term to expire:
Fe bruary l , 19 90
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MEMORANDUM
'fO : Mayor Otis
and Members of City ~uncil
FROM: James D. Espin0-2~~d;inistrative Assistant
DATE: January 29, 1986
SUBJECT: VACANCIES ON BOARDS AND COMMISSIONS
Fo r yo ur information, with the appointment of Ken Bull (Election Commission),
Howard Brown (Board of Adjustment and Appeals) and Lois Sterling (Library
Board), the following vacancies will exist on Boards and Commissions as of
February 1986.
Parks and Recreat ion Commission
Two vacancies with expiration of the Steve Neyer and Ruth Allen appointments
on February l, 1986. In addition, the term of Robert Schroeder (School Board
Member) will expire on February l, 1986.
Planning and Zo ning Commission
Two vacancies with the expirat ion of the Thad Carson and Walt Stoel appointment s
on February l, 1986.
Library Board
One vacancy with the Debbie Dix appointment expiring on February l, 1986.
Urban Renewal Authority
Two vacancies with the Betty Keena and James Tatton appointments expiring
on February S, 1986. An "alternate member" vacancy also exists.
Wa s te and Sewer Board
One vacancy exists with the recent resignation of Robert Thompson. His term
would have expired on February l, 1986.
Retirement Board
One vacancy with the expiration of the Joel G. Ro y appointment on February l, 1986.
Court Advisory Committee
All five appointments expired December 31, 1985.
JE/vc
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AGENDA ITEM
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AGENDA ITEM
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Bradshaw
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MOTION:
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AGENDA ITEM / <-/a_~ PRESENTED BY
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AGENDA ITEM PRESENTED BY
ROLL CALL
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AGENDA ITEM PRESENTED BY ------
Moved Seconded Ayes Nay Ab sen t Abstain
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Vobeida
Kozacek
Bl lo
Bradshaw
Otis
MOTION:
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Bradshaw
Otis
MOTION:
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TO: Mayor Otis and Members of Ci ty Coun c il
FROM: And y Mccown , City Manager
DATE: January 30 , 1986
SUBJECT: Council Meeting -February 3 , 1986
En c l os ed are the materials for you r re gul ar City Counc i l me et i ng ne xt Monday ,
Feb r uary 3rd, at 7:30 p.m. As usual we will have a st ud y se ss ion at 5:00 p.m .
in Conference Room A with dinner se r ved at t hat t ime.
At your directi on, we have scheduled s ev e r al peopl e f or in t e r views for board
and com mi s sion appointments . The sch edul e t o date i s :
5:00 -Thad Carson
5:10 -Water Stoel
5:20 -Mana Maunakea
6: l O -Kristi Daugherty -
Th e rea s on for the gap between the la s t interview is because Kri s ti Daugherty
does not get off work until 6:00 p.m . and can not be here any earlier. Upon
conclusion, we need to spend some significant time discussing the proposed
contract with the Englewood Sanitation District to allow sewer service to the
Old Ar apa hoe County Fa i rgrounds. This is a very important item and I will
have Stu Fonda pr esent to discuss it with you .
Al so enclosed for your information are the follo wi ng:
l. Calendar of Events.
2 . Memorandum estimating moving costs for the McBroom Cabin . 3 . Letter from Mae Wade .
4 . Letter from Don Weber, Ch J irman , CSB .
5 . Lette r from Two Concerned People.
6 . Te nta t ive Completion Schedul e for Pav i ng Di s tr ict #30. 7 . Taxi Co upo n Re port.
8. Dr aft Bill relating to unattended chil dren .
g . DR COG Dige s t.
Have a nice weekend . See you Mon day!
I ) . r/ "/j
L '/l(L)/ /~.\!Lt
ANDi'l MC COWN
City Manag e r
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AGENDA ITEM
PRESENTED BY -------
ROLL CALL
N Ayes ay
Moved Seconded
MIQClay
Absent Abstain
Van Dvke I
Vobei da
Koza eek
Bl lo
Bradshaw
Otis
J MOTION:
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