HomeMy WebLinkAbout1982-02-01 (Regular) Meeting Agenda•
• •
City Counci 1 Meeting-Regular
February 1, 191:!2
0
-•
• -
CITY COUNCIL MEETING
Februar ~.l:._9~------___ _
RESOLUTION I :(. ..J, /. 10, 11
ORDINANCE I 3, , 5, , 7
•
0
•
I .
-
.a--~--
[L
}\..
'-
L 'I
(J .}
•
7 :30 P .M.
1.
~&--' ~
~ ...
2.
r
3 .
•
•
.. •
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
FEBRUARY 1, 1982
I I)
J ,' "-
' .
I l.: "' Call to order , invocation by Revere d Adrian House ,
First Christian Church, 3190 South Grant Street,
pledge of allegiance by Boy Scout Troops f/115 and
#154, and roll call .
Minutes.
(a) Minutes of the regular meeting of January 18,
1982. (Copies enclosed.)
Pre-Scheduled Visitors . (Please limit your pre-
sentation to 10 minutes .)
J ..!.• ,1-
(a) Mrs . Wanda Blixt, 4644 South Pennsylvania Street,
and Mrs. Wanda Hoff , 4660 South Pennsylvan ia
Street, and Mrs . Nancy Bert, 4670 South Pennsyl-
vania Street, will be present to discuss United
Cable TV.
Other Visitors .
to 5 minutes .) j
!r
(Please limit your presentation
l.(..(.t )'lt "tf 't•, ;( (.j ,,,. l
Ct/( ~' '·J
• Tj '
4 . Public Hearing.
5. Communications -No Action Recomm nded . J
(a)
(b)
(c)
Minutes of the Urban R n wal Authority m ting
of December 2, 1981. (Copies enclosed.) ? '1 4
., J t.
r ~ 1 ' (\I
Minutes of th Denver R gional Council of Govern-
ments meeting of Decemb r 16, 1981. (Copies
enclosed.)
Minutes of th Bo rd of C r r S rvic Commia aion-
ra meting of 0 c mb r 17, 1981. (Copi a
enclosed.)
•
I • I
I • •
•
•
• •
----~====~~========~--
Page 2
February 1, 1982 Agenda
5. Communications-No Action Recommended (Continued).
(d)
(e)
(f)
Minutes of the Planning and Zoning Commission
meeting of January 5, 1982. (Copies enclosed.)
Minutes of the Water and Sewer Board meeting
of January 12, 1982. (Copies enclosed.)
Minutes of the Downtown Development Authority
meeting of January 13, 1982. (Copies enclosed .)
(g) Minutes of the Parks and Recreation Commission
meeting of January 14, 1982. (Copies enclo s ed .)
6. Communications -Action Recommended.
(a) Letter from Judith Beggs Pierson, Chairman of
the Planning and Zoning Commission, concerning
her resignation from that Commission. (Copies
enclosed.)
7. City Attorney.
Ordinances on Final Reading.
(a)
(b)
(c)
Ordinance authorizing the Director of Finance
ex officio City Clerk-Treasurer to appoint
assistant and deputy city clerks adding
Section 9 to Chapter 5, Title I, of the Engle-
wood Municipal Code of 1969, as amended.
(Copies enclosed .)
Ordinance prohibiting indecent acts within
the City of Englewood, Colorado, and declaring
an emergency. (Copies enclosed.)
Ordinance establishing a special fund for the
City of Englewood to be known as the "Parks and
Recreation Foundation Trust Fund" for the us
and ben fit of providing improved and exp nd d
programming and facilities, adding a new sub-
section to Titl XIII, Chapter 5, of th 1969
Englewood Municipal Code. (Copies enclosed .)
Ordinance d scribing and d fining obscenity and
providing circumstances under which it is pro-
hibited, and d claring an emergency. (Copi s
enclosed.)
Bills for Ordin n c
( ) Bill exemptin limit d arag aal a rom th
aa ea and uae tax ordinanc of th City of
En l wood, Color do, by addin S c ion 38 o
Article 4, Title XIII, of the Engl wood Hunicip 1
Code of 1969 , aa nded. (Copi a ncloa d .)
•
I •
•
•
• •
Page 3
February 1, 1982 Agenda
t'
7 . City Attorney (Continued).
a~1 (f) Bill adding Section 11-6-27 to the Englewood
~!, vt; ,, ~ Municipal Code of 1969 prohibiting urinating
x • It ... ·)..:; in public. (Copies enclosed.)
J :,v'~-,, ~ \>.,.-). u I!.::...!'(
·· (g) Bill amending Title XI of the Englewood
) ,
t
n.IJ:g Municipal Code of 1969 to include a new
~~ Section 13 to Chapter 2, relating to nude
~ · ~t dancing and unlawful lewd acts, and declaring ~~ 0 an emergency. (Copies enclosed.)
(h) Bill amending an agreement between the City of
1 ~ q Englewood and the Englewood Housing Authority for
" 1 ,.,) administration of the Home Rehabilitation Program.
fp "-'., (Bill and Hemorandum enclosed.)
(i) Bill approving an agreement creating a multi-
, 0~/0.)jurisdictional fire arms school. (Copies
() .... ; .1l • enclosed .)
,-.; ,
u (j) Bill approving a Mutual Aid Agreement for police
Bf'-ll ,.. v services. (Copies enclosed .)
J
Resolution.
(k)
~"I
Resolution supporting HB 1069 providing that the
proceeds of the State supervised lottery be used
for parks, recreation and open spaces. (Copies
enclosed.)
(1) Resolution approving an agreement between th
Denver Regional Council of Governments and the
City of Englewood for the provision of centralized
J services for entry level recruitment and testing
of law enforcement officer applicants. (Copies
ncloscd.)
Procl mation.
(m) Procla tion proclaiming 1982 as th Nation 1
Ye r of Disabl d P rsons . (Copies enclosed.)
Other Matters .
(u) Grant of Utility nd Storm Drain g Easem nt.
(Copi a enclosed .)
(o) Grant of P rp tual Ea m nt . (Copies enclos d .)
(p Memorandum from th City A torn y to Mayor nd
M mb ra of City Council cone rning th High
School Storm Wat r D t ntion Ar a . (Copi a
ncloa d .)
(q) Attorn y'a Choic
I • •
•
•
• •
Page 4
February 1, 1982 Agenda
8 . City Manager.
,. 1 •
0
(a)
~
(c)
JY
(d)
~~
(e)
Council Communication from the City Manager con-
cerning the Six-Quarter Budget for the period
January, 1982 through June, 1983 . (Copies
e nclosed.)
Council Communication from the Director o f
Public Works concerning an alternative fuel
system. (Copies enclosed.)
Memorandum from the Training Coordinator of
the Fire Department to the City Manager con-
cerning the 1982 Fire Department Training
Proposal. (Copies enclosed.)
Memorandum from the Chief of Police to the
City Manager concerning the 1982 Police Depart-
ment Training Proposal. (Copies enclosed.)
Manager's Choice. -'f4. # C. 1 0 JQAjU -,-n,.. '< ,, u "> J"
9. General Discussion.
(a) Mayor's Choice.
(i)
10.
/.)
, ) I '
!·;p /A ( .. :. > '
AND MC COWN
Council Communication concerning Board
and Commission appointments . (Copies
enclosed.)
(?< :>A. ( ._; -I ]-<.t.t [
{
l <~t.<.C•
,I H• .
/ )
't l u .
vr
(. u
City Mana g er u ' '/'l .~.~ c "'-1 /J) I. t Q
AM /sb
l t /) J) (-13 6. -.,) c
a / 1 tl ) ) (j: 5
•
I • •
Moved Seconded
•
•
• •
ROLL CALL
Ayes Nay Absent
H1gday
Neal
Fl tzpat rick
Weist
Bi lo
Bradshaw
Otis
{; :1) u h
)1 l (_ ~ !11 l
•
V /)'lu.__77_, I j
' ?-/, ;t:)f .)_
7: JC 1 '111
Abst a in
I . .
•
• •
ROLL CALL
Moved Seconded Ayes Na y Absent Abstain
H1gday v
Neal '-
Fitzoatrlck (.....-
Weist /..--
Bi lo L---.
Bradshaw L---
Otis v--
• I •
• •
• -
• •
ROLL CALL
Mo ve d Seconde d Aye s Na y Ab sent Abstain
' Higday \
Neal J
Fi tzoatrick I
Weist I
~r---Bi To I . v Bradshaw I
Otis \.
I 6-"---"' ,, C lu ,c D'-....... ,,
{ I 0 "-{\0 t' -/1~.. Lf--~. )~ r1
I .
• •
Moved Seconded
•
•
• •
ROLL CALL
Ayes Nay Absent Abst a i n
Hiqdav
Neal
Fitzoatrick
Weist
Bi lo
Bradshaw
Otis
't..1 au ,.,.j.JL< 1 _,
lL ;·t '-<-.:L ~-<Jo
. ' 1-tr'l'i t . lt.( 1 ,__,
I
C'< .<. f l' 1 , )"-• ~ 1 _
J
I ) J '.J (. l. .t
"'/ v (.<< 4 (')\_., ;'
1 ')~u /Jrt u . ..JI' )>. )( L
/.
j l( (
) ~
1 ) Jl ) 4_t I (7 Y t,
I I I )l -cl l-t I,
I .
-
•
•
• -
ROLL CALL
Moved Secon de d Ayes Nay Absent Abstain
Higd ay
Neal
Fitzpatrick
We i st
Bi lo
Bradshaw
Otis
U</ y ~~lc R
/Lt c ~ !2 t
~
~~ ~l-L (. -
~·J ;du L
!Vt ; <' .I-{ (. l L "> i;; ~ ...
aj~ (. ~(_ ('A. 1 J\.....-• ~ u-T l ' ~k-~-rv t_..A:. 11.(__....
) ,,
<> { j t (,1 11 ,/:_. }(.__/ l i...J!. Lldf ~,{ ~-u /)If (}JL..
!/·, '} /( ( )
.X/t
t )
;.. llf/ {-tl /t
I I (I , ( ( ,•)
' '" l I ) ) 'I (1 1 <J t z< o:_.. l( ) ) l t /.,., ' ( " 1._, j . , /
' ) I t )L ( }"ljtt ' -1 ' 7 -<l f . ) .J
I ; ( It /( . /l ttil 1</ '; ~· (,.. r 1 z~ l' l' J ;') /U( <I. (
t
I~ I..U ~ ) l ( I ' ( (
{l' l' t (/ ;. {' /, (
I . '
I ; /.
I --<• n
I Cl t ' I I (( ( ;'} )
•
I • •
• -
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abstai n
H1gaay
Neal
Fl tzpatrick
We i st
Bi lo
Bradshaw
Otis
4~ l )1 7 ~ l<.J
4 7 1 5 /v <' tf la L
(1 /')'}'/_ )Jlf ') t_ ;z: _,{ /
[
c e~ t~. j ')(../
• I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abstain
Higd ay \
NeaT I
j/ Fltzoatrick I
We ist I
v--Bi lo I
Bradshaw [
Otis \
'
/~ (( Q tl1-J
:) (:_ C?.J.} .,.-~ [/ 7'!1 1 1'--' v ] ( v{) J
~--/ C/
• I . •
• •
•
• •
ROLL CALL
Moved Seconded Ayes Nay Abs ent Abstain ...
H1gaay \
Neal }
v Fltzoatrick I
We i st I
Bi to
,./ Bradshaw t
Oti s \
I • •
• •
Moved
I/
•
•
• •
ROLL CALL
Seconded Ayes Nay Absent
1,./
H1qday I
Heal I
Fl tzoat rick I
We i st I
Bi lo
Bradshaw
Otis
( t3 -H (__
a iJ 3
•
Abstain
I • •
• -
• •
ROLL CALL
Move d Seconded Ay es Nay Ab sen t Ab stai n
Higday " NeaT ' I./ Fltzoatrick I
We i st I
Bi lo
(./" Bradshaw
OtI s
1
1
I .
• •
~
(
v
l
nJ f
ROLL CALL
Seconded
v
'\.I
H1gday
Neal
Fitzpatrick
We i s t
Bi lo
Bradshaw
Otis
I/'-
:-. ,J
.1 [t 1 l J (
(
l' )
I.
v1
•
•
• •
Ayes Nay Absent
__}.
I
j_,
I
\
J
•
!)Jc
~
Abst a in
t I )~
I .
• -
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abst a in
~
Higday \
Neal l
o./ Fitzpatrick I
We ist I
v Bi lo 7
Bradshaw I
Oti s \
'\
• I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H i<idav \
..... Neal \
Fl tzoatrick I
We ist I
V' Bi lo I .
Bradshaw I
Oti s \
'
le-
I ~....,_
I I J ,)
t I j..,;
,) jr I
, ... ~ l 1-
"'
v I I -,..
"
J
I I ~
' i t-'
; l ·
I •
,.
'* ,#
I .
• •
-
Moved
--
1 I 6
•
•
. .
ROLL CALL
Seconded
Higday
Neal
Fltzoatrick
...--
Weist
Bile
Brad shaw
Otis
./t
./
•
• •
Ayes Nay Absent Abstain
I •
•
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higday '\
Neal I
v-Fitzoatrick I
Weist I
Bi lo I
v Bradshaw l
Otis \
> J t... I ii z :_ jl i i' " •• I ,-/
lu , -v ·J..j . u
I • •
• •
•
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1gday '\
Neal J
Fitzoatrick 7
Weist I
Bi lo I
Bradshaw I
Otis \
(l ( '.r
I • •
• •
•
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abstain
v Higday \ Neal I
Fi tzoatrlck I We i st I
Bi lo I v Bradshaw I
Otis \
'
' '! tA /
J c_ B i1 S'
I • •
• •
• -
• •
---~--------~======--------------------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higday \ .__ Neal I
Fitzpatrick I Weist I
Bi lo I v Bradshaw \
Otis \_
• I •
• •
•
ROLL CALL
Mo ve d Seconded
1
I
.......
/
J ' (i (1
...<" l r
'
HiCid ay
Neal ._.. Fitzoatrick
We i st
Bi lo
Bradshaw
Oti s
c8 i1;0
,
•
• •
Ayes Nay Absent
I I '
I I
)
/
•
Ab st a in
I 1
l
I • •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlg<lay -Neal -Fitzpatrick -Weist -
Bi to -Bradshaw -Otis
,
• •
• •
• -
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abstain
Higday
v-Neal
Fi tzoatrick
We i st
v-Bi lo
Bradshaw
Oti s
I/~ t::l II
t'
I /I (
) I ,V ..1 t.,...
v t ......
4' /, '..;
'I I J ")..1
J I u
r'e
) \ I
.;
L~ ~ J I
...,
tl
d t ,,~
(I
J •
I .
• •
• -
•
.. •
-------~---------------------------------------------
ROLL CALL
Moved Seconded Aye s Nay Absent Abstain
H1gday
Neal
Fl tzoat rick
Weist
Bi lo
Bradshaw
Otis
),_r(JJ /I II I ' '-'l l c....) ) "
d.A... A t i v ,t A /" /) t_
_.,.; t -:1 ./' ~ .. ., ( /' )
I. ~ '-J J _,...
......
I ..,I u fC/ I I I ':/..,
• I • •
• •
• -
• •
ROLL CALL
Mo ve d Se conde d Ay es Nay Ab sent Ab sta i n
Higd ay \ Neal 1
Fltzoatrick I We i s t 1 Bi lo I
Bradshaw J.
Otis ~
'
• I • •
• •
•
• •
ROLL CALL
Move d s d d econ e A 1\~S N ay Ab sent b A statn
Hiqday
Neal 1 v Fi tzoatrick
Weist
Bi lo J . v Bradshaw I
Otis t
71
I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ay es Na y Absent Abstain
Higday
Neal
Fitzpatrick
Weist
Bi lo
Bradshaw
Otis
I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
~ H1gday _l
Neal I
Fl t~atrick _j_
Weist I Bi lo _j_
Bradshaw j_
Otis _l
'-
• I •
• •
-
Moved Seconded
l
v
--;::;::
T
1 //fr
•
ROLL CALL
Hi aaav
NeaT
Fl tznat rick
We ist
Bi lo
Bradshaw
Otis
)t 0 t
I
-
-
Ayes
•
• •
Nay Absent Abst a in .,. I --r
1 ___j
----T -=! T I
I • •
•
• -
• •
ROLL CALL
Moved Secon ded Ayes Nay Absent Abst a i n
Higday I
Neal 7
Fi tzoatr ick 7
Weist I
Bi lo I
Bradshaw \
Otis \
I .
• •
• -
• •
ROLL CALL
Moved Seconded Aye s Nay Absent Abstain
17 Hlqd ay
Neal -
Fl tzoat rick
Weist -1/ Bi lo -Bradshaw -Oti s ~
c'o
I .
•
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
V" H1qday "\.
Neal l
Fltzoatrick 7
We i st I
Bi lo I.
v Bradshaw I
Otis {
\..
'
• I • •
• -
•
. . •
ROLL CALL
Moved Seconded Ay es Nay Ab sen t Ab stain
Htgday
Nea_l
Fitzpatrick
We is t
Bi lo
Bradshaw
Otis
1f lLtJ JL J l
cl 1./ /Lt ~ ,/
I fl {i l,\...1 ~~ ')1 ( .( l• ~
( 1
I . .
•
• •
ROLL CALL
•..LJJ
Moved Seconded Ayes Nay Absent Abstain ,/
)
Hlgday '\
Heal 7
Fl tzp_at rick -;
Weist /
v Bi to 7
7 Bradshaw 1\
Otis -.;;;::::
-----------
r/' I 1/1 / ...
r I "'t-
I I
I
I • •
•
Mo ved
v
•
j
f I .. -.,
1)r
I I I ( '
. I ( • .)
") tJ l '
1l ~ ROLL CALL
Seconded
H1qd a y
Neal
Fi tzoatrick
We i s t
1/ Bi lo
Bradshaw
Otis
•
• •
Ayes Na y Absent Absta i n
\
J
I
1
I
.1
_\,_
'-
I • •
•
(
•
11 /J ,~(}(JJ.
/y
•
• -
} . /, ' J 1 ..,. I ~ ,__.) r£Yiu '-Ut'u/),
ROLL CALL ,, ',.;,. ·/J ,, t., 1
. "ti .,-_ .,/,' 1 /')I 1 1l J ./) V N /' t :..d
Moved Se c ond e d Ayes
-:!<1 ,_ .-u _.. /tv ~--r .....V -<f;./t• (J/...4}
Nay Absent Abst~in ~-11 \.. ( "•_.,
Higd ay (;~.A. ~ l
Neal
Fitzoatrick
We ist
1 I jl_f , /l ~
A.~ ' "P.
Bi lo
Bradshaw
Otis
.... ~b . 0 uv.P t I
((. J > ULL I tH.J~ fl-.v
) I /t 'CUA-) ._, I J tJ ~ I a ef
i .... 1/}rt ~/I ~~~'-"' I j 6 ' ,._ •"' -.JI ,-6~ ' J /'f.. ) c.-
I" &'-'
J I il
)
Gt v
I tv \•../, ~ j ..
(' ~~ ~, .I I· I '
/
I t 1.1
J.. -1
•1 ""' v /) ) I ,
I) I {I
)
!' I /
I
I
,)
I (
t ,
.(
• l
•
I • •
• -
• •
ROLL CALL
Moved Seconded Aye s Nay Absent Abstain
HiOCfav -..-Neal -Fitzoatrick -Weist -!.-' Bi lo -Bradshaw -Otis -
{II "'"'
/1'
/ ~~-
{1_ ,{'-j / ~/ ( ~.__
I(/" /~ '-' c.
(t 11
;t;
I
-• 1
I -. , /'
• I • •
• •
I. t ,
Moved
/;"'
r
v 1 _,
I
1'1.
f •,(1 l -
J../
/' I L I . ,,
ROLL CALL
J ..-JI .;.,J{J ~
I Seconded Aye s
Higday
Neal T
Fl tzpat rick
Weist 7
Bi lo I . v-Bradshaw T
Otis \
•
• •
~ !~.)
Na y Absent Abstain
(
I .
-•
• •
ROLL CALL
Moved Seconded A yes Nay Absent Abstain
Hitldav
Neal
Fl tzoatrick
Weist
Bi lo
Bradshaw
Otis
flU )/lc_ (tM )-
~ 0 ~-~~ ))vJ:i:;tJ ~
)12/-::v.::> -0-.-9 l _( ::>k_ -t ~ R ,
, <~ y;:u ~r
~~/11'")']
(./
(! /._u (, / { J 1>V.J
I (
, < >/ I ;L
I
• -
• •
ROLL CALL
Moved Second d e Ayes Nay Absent Abst ai n
r I 1 Hiaday
Neal -
1
Fitzoatrick
Weist
............ Bi lo
/-"
I
Bradshaw
Otis -I
--j
• I
• -
• •
ROLL CALL
Moved Seconded Ay N es ay Absent Abst a in
H1goav
Neal
Fltzoatrick
We i st
Bi lo
Bradshaw
Otis
/, ! )4 ft _.t ~ L
/ 0 J_t;u7z"y
t r ;r;q
;·
•• ~~ (1 7 I l)' 1_ {; j { [{t J?v ,,'-~
! 1 -..../ J
-I [ ~-1 -f
t I
) ' .
• I . •
j L~j
. I
• -
• •
ROLL CALL
Moved Seconded Ay es Nay Absent Abstain
Higday -Neal ..--
Fi tzoat rick -Wei st -Bi lo v Bradshaw -
Otis -
I •
•
•
• •
ROLL CALL
Moved Seconded A yes Nay Absent Abstain
1./ rfigdav \
Neal I
Fitzoatrick 7
Weist 7
~ Bi lo I
Bradshaw \
Otis "-..
Jlt _1 -L
I
•
Moved Seconded
-
ROLL CALL
H1 gday
Neal
Fi tzoatrick
Weist
Bi lo
Bradshaw
Otis
f
~ (l (:
{)._' I
Ayes
{JI,) tj ! ) ) \
{f
".'(. / ). I /
-I~<-( ....... cl{ / .....
": 7 {J cL "
vuo--u .. I f) I
(_ 'J )/ .<>
"'') l • l )
../ -f• ;.J ( ( fl 1I V I
, .{A. J
)
/1~ ) { I ' :t~
1
'! 'e l
()../.,
A I
G (!j (l /)) )I ' Jl ( j
<.
•
• •
Na y Absent Abstain
-
)
J 7
At<(, I ;((
4:.-J:.~ ltTJ { (A J J, " )
I I
C-" >I
) '
j
tf It ][._
I . •
-
J•
)
•
•
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hiilday
Neal
Fitzoatrick
Weist
Bi lo
Bradshaw
Otis
L j -f-y< 1.-l ( fllt '-.r~ -r ..__ _.
---1!J c : ) JL } L-(_ I J It 0: {t I} ) I f f
t ·vnt.rc-c Jtt.·}.-l.__
1-! /u <"-~ 17~--
I ' f'Yll t. 11 ,,_ /'J '1) It '!
,/{](~
(i.
-~~~(1
CtLl)lC I
./.tl>l.c
ht u_t.;'C. /
,, f I ,1(
1 X I
)
[/,' I ) I ., u (
.u ' I
I ,1 4') u ) ) ) ) .) _) (. -. -
t(' .t 11 ( > r 1 I -< (
A· ~ ) ' )£/)I· ' (
, ( t I ' '.< ~ t t"u(·
/.{ 'L /{
')
I J ll J
I I . ( ~ .
•
I . •
-
•
•
Moved
._/'
Seconded
{
l I
ROLL CALL
Higday
Neal
Fitzpatrick
Weist
Bi lo
Bradshaw
Otis
((
•
• •
Ayes Na y Absent Ab s tai n ---
-
I • •
•
y'
•
• •
Moved
f jJIU ,, ''(_ !' JJI Jl J'" (I> . ,1-J ' I
/Jic (' 1 )\ _ 1/t U< l V ~'"' -jfi '{l > ·-' _
l '(J. ')I , j
_)
-----------
.)
/' t< ~ /; J ( ( ;
) ~ I Jt' l ,.
•
I
-
REGULAR MEETING :
•
• •
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
January 18, 1982
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on January 18, 1982,
at 7 :30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Council Member Thomas
Fitzpatrick. The pledge of allegiance was led by Boy Scout
Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, We ist,
Bilo, Bradshaw, Otis.
Absent : None.
The Mayor declared the motion carr ied.
* * * * * *
Also present wer e: City Manager McCown
City Attorne y DeWitt
Deputy City Clerk Watkins
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES
OF THE REGULAR MEETING OF JANUARY 4, 1982. Council Memb er Fitz-
patrick seconded the motion.
Council M mber Neal asked th~ City Manager to check
the last par graph on page 11 for accuracy. Mr. Neal queried
whether th p rc ntage was 2% or 3%.
Upon a call of th roll, the vot resulted as follows:
Ayes : Council M mbers Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Nay Non
Th Mayor d cl r d th motion carri d,
* * * * * *
•
I •
•
January 18 , 1982
Page 2
•
• •
There were no pre-s c heduled visitors on the agenda.
* * * * * *
Mayor Otis asked if there were any other visitors at this time wishing to speak to Council.
Jack Poole, Chairman of the Parks and Rec~eation Commis-
sion, appeared before Council. Mr. Poole urged passage of Council
Bill No. 4 that would set up a trust fund for the handling of mone-
tary contributions to the Parks and Recreation for the use and pur-
pose of i•proving parks and recreation programs.
COUNCIL M!M!El HIGDAY MOVED TO BRING FORWARD AGENDA ITEM
7F -COUNCIL BILL NO. 4. Council Member Bradshaw seconded the mo-
tion. Upon a call of the roll, the vote resulted as follows:
Ayes :
ftays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
OllDINAHC~ NO.
S~llUS OF 1982
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN OllDIMANC! ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD
TO B! ICNOWN AS TH! "PAilKS & RECREATION FOUNDATIO N TRUST FUND" FOR
THE USE AND I~HEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMING
AND FACILITIES, ADD ING A MEW SUBSECTION TO TITLE XIII, CHAPTER 5,
OF TK! '69 !NGL!WOOD MUNICIPAL CODE, AS AMENDED.
COUNCIL M!H!!Il BRADSHAW MOVED TO PASS COUNCIL BILL
MO. 4, S!lli!S OF 19 82, ON FIRST ~EADING. Council Member Fitz-
patrick seconded the motion. Upon a call of the roll, th vote resulted aa follows :
Ayes : Council M mb rs Hi gday, Neal, Fitzpatrick, Weist, BUo, Bradshaw, Otis.
Maya : Non •
The Mayor declar d th motion carri d.
• • * • * *
•
I • •
•
January 18, 1982
Page 3
•
• •
"Communications -No Action Recommended" on the agenda
were:
(a)
(b)
Minutes of the Planning and Zoning Commission
meetings of December l, 8, and 15, 1981.
Minutes of the Englewood Public Library Ad-
visory Board meeting of January 12, 1982.
COUNCIL MEMBER BILO MOVED TO ACC~;p'f "COMMUNICATIOI\IS -
NO ACTION RECOMMENDED" AGENDA ITEMS 5 (A) - 5 (B). Council Mem-
ber Fitzpatrick seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes:
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Mayor Otis presented a letter from Howard E. Morari e ,
Jr., resigning from the Library Advisory Board.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE LETTER OF
RESIGNATION. Counc i l Member Neal seconded t he mot i on. Up on a
c all of the roll, the vote resulted as follows :
Ay e s :
Nays :
Co un ci l Memb e rs Higday , Ne al, Fitzpatrick,
We i st , Bilo , Bradsha w, Ot is .
Non e .
The Mayor declared the motio~ carried.
It was noted a letter of appr ciation for Mr. Mor ri 'a
service would be pr pared and mail d to him.
ORDINANCE NO. SERIES OF 1982 __ _
* * * * * *
BY AUTHORITY
COU NCIL BILL NO. 2
I NTRODUCED BY COUNCIL
MEMBER NEAL I • •
January 18, 1982
Page 4
•
• •
A 'SILL FOR
AN OaDINAMCE AUTHOaiZIHG THE DIRECTOR OF FINANCE EX OFFICIO CITY
CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS ADD-
ING SECTION 9, TO CHAPTEa 5, TITLE I, OF THE ENGLEWOOD MUNICIPAL
CODE OF '69, AS AMENDED.
Discussed ensued. City Attorney DeWitt stated this
bill provides for the appointment of assistant and deputy city
clerka in the code for which there is currently none. Council
expreased their concerna regarding the ramifications of this
bill in light of what was going on in neighboring cities. Coun-
cil Member Neal requested staff to prepare a memorandum outlin-
ing what the City'a checka and balances system is that would
preclude what is happening to neighborhoring cities.
COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL
NO. 4, SlRIES OF 1982.
Motion died for lack of a second.
COUNCIL MEMBEa NEAL MOVED TO PASS COUNCIL BILL NO. 4,
SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Mays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
RESOLUTION MO. 3,
SERIES OF 1982
* * * * * *
A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY.
Mr. DeWitt noted the subject prop rty wa 3455 South
Broadway.
COUNCIL MEMBER HEAL MOVED TO PASS RESOLUTION NO. 3,
SERIES OF 1982. Council Member Bilo seconded the motion.
Upon a call of the roll, the vote reaulted as follows:
Ay a : Council Memb ra Higday, N al, Fitzpatrick,
lilo, lradahaw, Otis •
•
I • •
•
January 18, 1982
Page 5
Nays:
Abstain:
•
• •
None.
Council Member Weist.
The Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt presented a substitute resolut ion
for the next agenda item concerning the purchase of real property
located adjacent to Centennial Park. Mr. DeWitt stated his substi-
tute resolution did not provide for an exhibit -receipt and option
contract.
City Attorney DeWitt referred to the charter which ex-
plained the City's ability to purchase the property without de-
dicating it for park purposes.
COUNCIL MEMBER BRADSKAW MOVED TO SUBSTITUTE TIU: R~SOLU
TION WITHOUT THE EXHIBIT AS SUBMITT~D BY THE CITY ATTORNEY FOR
THE ONE MENTIONING THE EXHIBIT. Council Member Bilo seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
RESOLUTION NO. 4
SERIES OF 1982
A RESOLUTION AUTHORIZING PURCHASE Of R~AL PROPERTY.
(property located adjacent to Centennial Park)
COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 4,
SERIES OF 1982. Council Member Bradshaw seconded the motion.
Discussion ensued cone rning the need to work out th
details of purchasing ubject prop rty.
COUNCIL MEMBER NEAL KOVED TO TABLE RESOLUTION NO. 4,
SERIES OF 1982. Council Member Bradshaw seconded the motion.
Upon a c 11 of the roll, th vote resulted as follows:
Ayes : Council M ~bera Higday, N al, Fitzpatrick,
Weist, Bilo, Br dshaw, Otis.
•
I • •
•
January 18, 1982
Page 6
Nays :
,.
None.
•
• •
The Mayor declared the motion carried.
RESOLUTIOH NO. 5
SERIES OF 1982
* * * * * *
A RESOLUTION AUTHORIZING TH~ CITY OF ENGLEWOOD, COLORADO, TO
ENTER INTO A UTILITY SERVICES AUDIT.
COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 5,
SERIES OF 1982. Council Member Fitzpatrick seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Mays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE MO. SERIES OF 1982 ___ _
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 3
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE PROHIBITING INDECENT ACTS WITKIN TK~ CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 3,
SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick seconded the •otion.
Discussion nsued. City Attorney DeWitt explain d the
purpose of both Council Bill No. 3 and Council Bill No. 5. Con-
cern waa expressed by Council as to the need for adding an emer-
~ency clause.
Council recessed at th d clar tion of Mayor Otis at
8 :05 P·•· to allow City Attorney DeWitt ti• to pr par m rg ncy
cl uses for both billa. Council reconven d at 8 :20 p.m. Mayor Oti¥
aak d for roll call. Upon a call of th roll, the following w r pres nt :
•
I •
-
•
•
January 18, 1982
Page 7
•
• •
Council Members Higday, Neal, Fitzpatrick, Weist,
Bilo, Bradshaw, Otis.
Absent: None.
The Mayor declared a quorum present.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL
NO. 3, SERI&S OF 1982, ON FIRST READING. Council Member Higday
seconded the motion.
COUNCIL MEMBER HIGDAY MOVED TO AMEND TKE MOTION BY ADD-
ING IN THE TITLE "AND DECLARING AN EMERGSNCY" AND ADDING A NEW
SECTION "SECTION 3. TKAT AN EMERGENCY IS HEREBY DECLARED DUE TO
THE MUNICIPAL COURT OF ENGLEWOOD FINDING LEGISLATION RELATING TO
INDECENT ACTS, UNCONSTITUTIONAL AND THE PASSAGE OF THIS ORDINANCE
IS NEC&SSARY FOR THE IMMEDIATE HEALTH, SAFETY AND WELFARE OF THE
PUBLIC." Council Member Fitzpatrick seconded the motion. Upon
a call of the roll, the vote on the amendment resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist , Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-
tion resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1982
* * * * * *
'BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE DESCRIBING AND DEFINING 08SCENI'fY AND PROVIDING
CIRCUMSTANCES UNDER WHICH IT IS PROHIBITED •
•
I • •
•
• •
January 18, 1982
Page 8
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 5, SERIES OF 1982, ON FIRST READING. Council Member Bilo
seconded the motion.
COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADD-
ING "AND DECLARING AN EMERGENCY" IN THE TITLE; AND ADDING A NEW
SECTION "SECTION 2. THAT AN EMERGENCY IS HEREBY DECLARED IN THAT
THE ENGLEWOOD MUNICIPAL COURT HAS FOUND LEGISLATION RELATING TO
OBSCENE MATERIALS, DEVICES AND PERFORMANCE, UNCONSTITUTIONAL AND
THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR THE IMMEDIATE HEA LTH,
SAFETY AND WELFARE OF THE PUBLIC". Council Member Bradshaw sec-
onded the aotion. Upon a call of the roll, the vote on the amend-
ment resulted as follows:
Ayes :
Mays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-tion resulted as follows:
Ayes:
Mays :
Council Members Higday, Neal , Fitzpatrick,
Weist , Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt transmitted a document wherein
District Court Judge Gately denied a •otion to amend a court
order in the matter of Vern Mann vs. the City of Englewood.
* * * * * *
City Attorn y D Wi tt tr nsmitt d a docum nt wherein
the City and County of Denver was granted 1 av to appear as
A.icus Curiae in the m tt r of City of Englewood vs. John David Ha•u.
* * * * * *
City Attorney DeWitt tranamitted docuaent for Notice
of App al concernina the Liquor Licene Authority'• d cieion of
July a, 1981, in the aatter of After Th ox ve. th City of
!n le od.
• * • * * *
•
I •
January 18, 1982
Page 9
•
• •
City Manager McCown presented and discussed a Council
Communication concerning the funding for tht! purchasing of pro-
perty as the proposed walk-thru on the west side of 3400 block of
South Broadway and a resolution amending the General Fund and the
Public Improvement Fund in the 1982 Budget.
RESOLUTION NO. 6
SERIES OF 1982
A RESOI..UTION AMENDING TliE GENERAL FUND BUDGET AND 'fliE PUBLiC IM-
PROVEMENT FUND IN TliE 1982 BUDGET.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION
NO. 6, SERIES OF 1982. Council Member Bilo seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager McCown transmitted the 1982 budget. Mr.
McCown stated the budget was estimated to be $24,239,658 for 1982
with no proposed increases in taxes nor increases in water and sewer utility accounts.
COUNCIL MEMBER BILO ACKNOWLIWGED TRANSMITTAL OF TliE 1982
BUDGET. Council Member Bradshaw seconded the motion. Upon a call
of the roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Brad ~haw, Otis.
None.
The Mayor declared the motion c rried.
* * * * * *
Council instructed the City Attorney to prepare a resolu-
tion supporting H. B. 1069 (the lottery bill) aa presently proposed.
Mayor Otis noted there was som proposed legislation that would
change th allocation of funds. Council M mber Bradshaw noted the
r son that municipaliti s workt!d so hard to pass the bill was with
the idea that som of th money gener ted by the lottery would com
•
I •
•
January 18, 1982
Page 10
•
• -
back to the cities. It was the consensus of Council to contact
local legislators to express their concerns that some of the pro-
ceeds from the lottery be designated back to the cities for parks
and recreation open apace,
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED THAT A RESOLUTION BE PRE-
PARED DESIGNATING OR CONCURRING THAT 1982 BE NATI ONAL YEAR OF DIS-
ABLED PERSONS. Council Member Bilo seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Fitzpatrick, Weist, Bilo,
Bradshaw, Otis,
Maya: Council Members Higday, Neal.
The Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT-
TORNEY TO PREPARE A RESOLUTION SUPPORTING COUNTY COMMISSIONER
EGGERT FOR CHAIRMAN TO DENVER REGIONAL COUNCIL OF GOVERNMENTS.
Council Member Fitzpatrick seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes :
Maya :
Abstain :
Council Members Higday, Neal, Fitzpatrick,
Weist, Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * *
Council Member Neal asked for a report from the Fire
Departmen t in regard to their reasons for continuing the ban of
kerosene heaters and what the implications would be if lifted,
* * * * * *
Council Member Neal requested a bill for an ordinance
be prepared in the near future deleting model rockets from the
National rire Code.
* * * * * *
•
I • •
-
•
•
• •
January 18, 1982
Page ll
Council Member Bradshaw asked for information regarding
the photo ID system for the Parks and Recreation Departm~nt.
City Manager McCown stated he had a report concerning
this matter and would forward it to Council.
* * * * * *
Council Member Bradshaw stat~d the brochures for the
Malley Center Trust Fund have been completed and are impressive.
* * * * * *
There was no further business to be discussed.
* * * * * *
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
8 :42 p.m.
Mayor Otis adjourned the meeting without a vote at
[l~_ J l-!cJ' ~ /(1' . :.c Z-6 ~ 1/}_ -~ :L_' -ueputy ity C er~
•
I • •
•
•
• •
rle pay month ly, i n adv:::.n ce, for TV ca le service to
be provided by United Ca le TV. On December 3rd upon
returning home we found service disrupted and called United
Ca le TV to inquire about resumption of s ervice . i{e were
told there wa s a temporary prob lem which was being worked
on and it was expected that s ervi ce would b e resumed so on.
This condition existed for five days . We telephoned
seve r a l times ea ch day. Aft er resumption of service on
December 28th , we t elephoned United Ca ble TV to reque st
a reduction in billing . a t her t han admit service was
not provided and automatically crediting t e customers
ac count, I was verball y abus ed by re spons ible anage~ent
personnel and g ive~ the impression that they did not care
wh ether or not we continued cabl e TV service.
The principle involved here is not the ~altry sum
or ~3 .25 out the ttitude of a public service utility
which has monopoly on pu lie entertainment.
If it is "he policy o f United Cable TV to bill
custo ers for service not provided and, on top of tha t,
to verb lly abuse such custocers, it would seem th t
ther i no place in the City o! glewood for such
public ct ivity.
)-/-( ~
•
I .
•
I. CALL TO ORDER.
•
• •
URBAN RENEWAL AUTHORITY
December 2 , 1981
The regular meeting of the Urban Renewal Authority convened at 5:30P.M.
Chairman R. P. McClung, presiding.
Members present: Dickinson, Minnick, Powell , Cole, McClung
Alternate Voth
Members absent:
Also present:
Susan Powers, Executive Director/Secretary
Fitzpatrick, Anderson
Assistant City Manager Richard S. Wanush
Public Works Director Kells Waggoner
EDDA Executive Director Mike Haviland
II. APPROVAL OF MINUTES.
Chairman McClung stated that Minutes of November 18, 1981, were to be
c onsidered for approval.
A
Dickinson moved: Minnick seconded: The Minutes of November 18, 1981, be accepted as written.
AYES: Col , Dickinson, McClung, Minnick, Powell
NAYS: None
ABSENT: Anderson, Fitzpatrick
The motion carried.
Ill. AMENDMENT OF BY-l.AWS.
M . Pow rs stated th t copi s of two proposed m ndm nt h d b n giv n to
the Urban Renewal Authority members at their m eting of Novemb r 18th.
The propo d am ndments w r briefly r viewed by ~1s. Pow rs for the
ben fit of the m mbers.
Mr. McClun s tat d h would nt rt in
m nta to th By-Law
motion to approv, th two m nd-
Dickinson 111 v d:
Cole econd d: Th of the Urb n Ren ·wal Authority
th word "housin " on pa 2;
dat and tim of th nnu 1m ting to
da y ofF bruary at 5:30p.m., on P
AYES: Col , Dickin on, H Clung, Minnick, Pow 11
NAYS: Non
ABSENT: And raon, Fitzpatrick
Th motion carri d •
•
b mend d
nd by changing
th first
4.
I • •
•
• -
-2-
IV. FLOOD PLAIN REPORT.
Ex ecutive Director Powers introduced Mr. Kells Waggoner, Director of Public
Works for the City of Englewood . Ms. Power s stated that Mr. Wag~on r has
been asked to discu ss the flood plain of Little Dry Creek as it affect th
downtown business district. Ms. Pow e r s stated that r esolution of th flood
plain question is the most i mportant project in the Downtown Plan.
Mr. Waggoner stated that in 1968, the Corps of Engineers did a study on th
drainage areas in Arapahoe County, one of wh ich is Little Dry Creek. Be-
tween 1968 and 1974, the Federal Government began the Flood Insurance Pro-
gram. Englewood was the first City in Colorado to be eligible for flood in-
surance. The maps from the 1968 Corps of Engineers study were used to meet
the requirements for obtaining flood insurance. Mr. Waggoner sta t e d that
since 1974, the City has had a more detailed mapping of the flood plain for
the 100-year storm, and can now identify specific sites which are in the
designated flood plain.
Mr. Waggoner stated there are 25 square miles that drain into Englewo od via
Little Dry Creek. The 1974 study shows wh at improvements could be mad e up-
stream to curtail the flood plain area. This would involve a system of six
dams; the Englewood Dam ha s been in existence since 1963 , but following the
1974 report, it was necessary to up-grade this dam. This dam was raised , a nd
a new spill-way constructed. This was done through the Urban Drainage District .
Holly Dam has now been bu ilt , which makes the lower two dams on Little Dry
Creek completed. Holly Dam has given some control over the water draining
into Little Dry Creek .
Mr. Waggoner i nd icated the 100-year flood plain of Little Dry Creek on a
map. Little Dr y Creek enters Englewood at South Clarkson Street/East Kenyon
Avenue, and runs through the downtown area in a northwesterly direction to
its confluence with the South Platte River. Littl Dry Creek has be n placed
in a box conduit at the Chamber of Commerce, which conduit extends und r th
Cind erella City shopping mall running northw sterly to W st Flo d Av nue and
South Huron Str t , wher th box conduit nds. It is open channel from
this point to th South Platte River. Th conduit w s in talled when
Cinderella City w s built, and w s to h v a carryin c pacity of 5 ,000 cfs,
the estimat d runoff from 100-ye r term.
The 1974 report indicat s th t 7,000 cf of dr in g
vi Little Dry Cr k t South Cl rk on in 100-y r
wa u d to d t rmin the flood pl in ou lin
would enter Engl wood
term, nd this figure
tat d that a "flood pl in"
ure b lng tak n; "fl oodw y"
plain may not b don o th t d
Mr. Waggon r
proofin m
in a flood
Th consulting firm is now r vi wing co t
of d tention pond on th Engl wood High
th 1974 r port and th most r c nt conaultin
to d t rmin th flow from
that r th r th n 7,000 cfa
j cted runoff will be 4400
plain wer r calculat d; th
xt nt. Once th wat r il ov r th
b caua of th flat topoaraphy; th
•
built In, with c rtaln flood-
not b buil t in. Construction
r sults to o her prop rties.
now d t rmined
k, th pro-I •
-•
• •
-3-
Mr. Waggoner then discussed in detail the following four alternat i v es :
1. Construction of Berry-Prentice Dam, High School Detention Pond, Paralle l
Entrance Cell, and Channel Improvements for 2850 cfs .
2. Construction of High School Detention Pond, Parallel Entra n c e Cell, and
Channel Improvements for 3450 cfs.
3. Construction of Berry-Prentice Dam, Parallel Entrance Ce l l , and pa r al lel
c onduit, and Channel Improvements for 3800 cfs.
4. No detention storage , and construction of Parallel Entranc e Ce ll, paralle l
conduit and Channel Improvements for 4400 cfs.
Mr. Haviland asked the proposed routing of the pipes and what would be covered
by construction of a parallel cell? Mr. Waggoner stated the pipes would
probably run down Floyd Avenue to Cherokee. The first reach would be covered
by the parallel cell . He pointed out that a velocity to 26 ft./second must
be reached for the runoff to get into the pipe. The parallel c e ll would be
about 550 feet long.
Mr. McClung asked the size of the existing conduit ? Mr. Waggoner stated it
is 12' x 18' into 12' x 15'; slope is 1 % up to .6%.
Mr. Waggoner discussed other improvements required in conj un c t i on with the
improvement of Little Dry Creek, such as bridge repair or replac ement on
Hampden Avenue and the South Broadway Bridge.
Mr. Waggoner stated that while Alternate #2 appear s to be the least costly ,
it does not include the extension of the box c onduit a l ong South Bannock
Street, and that Alternate 04 has the great est flo w i mpr o vem e nts with th e
108" pipe.
Mr . Minnick asked what dis advantages th High Sc hool would e xp e r ience wi th
the construction of the detention pond on th play ing fie ld ? Mr. Waggon r
state d it wa s e s timated that c on s truction wo ul d p r obably t a k t wo s umm r s
and o ne schoo l year. Mr. Wagg o ner d iscussed in more de t ail t he i mpr ovem n ts
th a t would r esu lt from th e det e nt ion pond c on s t r u c t ion.
Mr . Wa nu s h po i nte d o ut that the School Boa r d has agre d to the de t ention pond
construction ; the City and School Board are now resolving legal questions.
Mr. Minnick inquired if upatr 111 developm nt had cr t d a reat r drain ge
problem for Engl wood? Mr. Waggon r tated it h nd di scu s d proj ction
on sti111at d up tr m d v lop111 nt and the imp ct this will h v on Engl wood.
Mr. McClu ng ask d th d pth of th proj ct d flooding from 100-y ar torm
at lh narrow at point of th flood pl in . Mr . Waggon r t t d it could b
3-1/2 to four f t.
Ms . Powe r s point d out th t the propo d p d strian-ori nt d
Girard Avenu ia in this flood plain.
11 on at
Mr. Wa ggon
a r from a
ngin r s.
within th
r at t d t h a t this r port nd the fi ur a cit d at this 111 tin
dr f t copy of t h 1 t est r p rt by S llarda & Grigg, consultin
I t ia eati111 t d t h fin 1 copy of Lhil study will b r 1 a~ d
next w k , nd th r will b a pr s ntati n mad to th School
.--~~--~----~----------~~ •
I •
(
•
• •
-4-
Board on December 15th. The Coun cil hopes to make a decision on the proposa l
for Little Dry Creek within 60 to 90 days. Once the dec ision is mad e , the
c onsultants will be asked to begin the final des i gn on Little Dry Creek i mprov e -
ment s . They would like to begin work on the pond right afte r school i s dis-
missed in June.
Mr. Voth asked if the one-year t i me frame included restoration of the f ie ld ?
This was answered in the affirmative, and it was pointed out that i f th e co n-
tractor had knowledge of the overall final design, work could b e done in more
than one area at a time, thus shortening the overall construction period.
Ms . Cole asked if the parallel box would go under the King Soopers complex.
Mr. Waggoner stated it would not.
Mr. Waggoner s tated that one of the major pending d ecision s will be wh at to do
in the Bannock/Hampden area. A new bridge, which will be nec es sary if Hampden
is opened for traffic circulation , is estimated at $500 ,000 to $600,000. If
Hampden Avenue were c losed, this cost would not be required. Mr. Waggoner
pointed out that th e Downtown Plan has need for east/wes t circulation r outes .
Mr. Powell stated that Alternate
th e projected 4400 cfs drainage.
would store some of this runoff,
tensive improvements down s tream.
11 4 seemed the only feasibl e plan to handle
Mr . Waggoner stated that th e detention pond
thus c utting down on the need for mor e ex-
Costs of the improvements we r e discussed. Mr. Waggoner stated the cost of
the detention pond is an estimated $1 ,400 ,000. Property acquisition would
include areas along Sou th Bannock Str et , at Bannock and Hampden, and some
property on Broadway, such as th Surplus Bu i ld i ng, and po ss ibly other areas
along the route of Littl Dr y Creek . Mr. W ggoner s tat e d the size of ease-
ment n eeded will depend on th size of the channel f or Li ttle Dry Cr eek .
Another area wher right-of-way will hav e to b acqu i red is north of Cinde r ella
City .
Mr. W ggoner
now, but th
d th t prop rty own rships i n fo rmation is being put tog ther
ppraisals available ar on upstream properties.
Mr. Waggoner stat d that once improvements hav
100-year flood plain in downtown Englewood, h
would b mad •
been mad e to accommodate
did not f el further chang s
Mr. W nuah at t d th t th
c itt d for improv nt on
r in in f11nds will hav to com
Mr. a gon r stat d th t it
would b 75 f
Cr k, it would b
Hr. H vil d ask d who would initi t
a t t d City Coun 11 would h ndl th
Hr. Minnick
Hr. W on r l tlt d that
plain ill b within th
h v 4.9 million doll rs
th next few y r s ; th
OllrC •
Littl Dry Cr k
long the
quisition of ri ht-of-way ? Mr. W gon r
scqui ition of ri ht-of-w y .
" liminate" th f1 od plain.
don , th 100-y ar flood
lood plain w 1 diacuas d. Hr.
nity carry ull cov r
•
I • •
•
•
• •
-5-
Mr. Minnick asked the distance from Hampden Avenue to th e e xis ting conduit ?
Mr. Waggone r stated it is approximately 450 feet. Mr . Minn ick ask e d the
approximate cost of an addi t iona l conduit of that length ? Mr. Wa ggoner
estimated $250 ,000. Mr. McClung asked the size of t he co ndu i t ? Mr. Wa gg on e r
stated the intake struc ture is 25 -28 feet wide.
Ms. Powers asked what communities upstream were cons i der i ng in i mprovem ents to
Little Dr y Creek. Mr. Waggoner stated that Cherry Hills is propos ing a c oncret e -
lined channel to bring Greenwood Gulch dra inage i n t o Li ttle Dr y Creek. There
will be some bridge i mprovements and other proposals to control othe r than historic flow.
Ms. Cole asked if Alternate #2 was being co nsidered as the most likely way to
proceed ? Mr. Waggoner stated it was.
Mr. McClung thanked Mr. Waggoner for his presentation.
V. PUBLIC FORUM.
No one was present to addres s the Authorit y .
VI. SECRETARY 'S REPORT.
Ms. Powers stated that the next m e t i ng o f the Urban Re newa l Au thori t y wi ll
be in Library Confere nce Room #1.
Ms. Powers revie wed the nee d o f the s t a f f t o crystalize the i nfo rm a t ion that
has been given th e Urban Ren ewal Auth o r ity , and sugge ste d th a t the next mee t i ng
of th e Autho r i t y be January 6, 1 982.
Mr. Minnick a s k e d i f deve lope r s oth r t han Brad y Corpo r a t ion have e x p r ess d
an intere st in the downtown area ? Ms. Po w r s s tated th a t a d v loper in t e r es t e d
i n co n s truc t i on o f a hotel has been i n t ouch wi th s t aff.
Mr. Mc Clung s ugges ted that the fl ood plain ma p be r e prod uc d for all Urban
Renewa l Authori t y member s .
Ms . Pow rs d iscuss d wo rk project s th staff must compl te , uch a s tate-
ponsibiliti s fo r the Urb n Ren wal Authority, City and ED DA.
M • Pow e rs
mu t b work
c om up with
district for
will involv
ds to convert th Downtown Pl n t o n Ur b n n w 1 Pl
d . Mr. McClung
d cis ions based on
lt th
Mr . Gun you .
pl n th t w c an ltv with.
th Urb n R n w 1 Au hori y
rr d to Clty C unctl for th
•
fin ncin
s taff must
Thi
Council.
th Urban
l;C unc11
I •
-
•
•
• •
-6-
will refer it to the Planning Commission and to the EDDA. The Plan will then
come back to the Urban Renewal Authority, and the Authority can issue bonds to
finance the public improvements.
Mr. Dickinson questioned opposition from the community? Ms. Powers and Mr.
Haviland pointed out that presentations and hearings have been held f o r a wid e
segment of the community. Mr. Haviland represents the EDDA at th e Urban Ren ewal
Authority meetings, and Mr. Voth is a DBA representative. Mr. Hav i land s t a t e d
he felt the Urban Renewal Authority could proceed and begin wo rk i ng o n the
financing package.
Ms. Powers asked if any members wanted to attend the DRCOG seminar on
Public/Private Partnership on December 10 and 11? No one indicat e d they
could attend.
The meeting adjourned at 7:40 p.m.
Gertrude G. Welty >
Recording Secretary
•
I .
-
•
•
• •
MINUTES
COUNCIL MEETING
DENVER REGIONAL COUNCIL OF GOVERNMENTS
WEDNESDAY, DECEMBER 16, 1981
Present:
Vesta H. Miller, Cha irwoman
Fred C. Fisher, Vice-Chairman
Robert A. Briggs, Jr.
Thomas R. Eggert
Harold V. Cook
T. J. Ha ckworth
Robert F. Clemen
Frank Wedd ig
Linda Jourgensen
WilHam Thornton
Doris Durdy
Norman A. Smith
Dennis Mahagan
Beth Jenkins
Betty An derson
Joe Bilo
Ernest Sh elton
George Garson
Albert Ba c hman
Alex Ar iniello
Sharon Carr
Samuel Harper
Norbert Meier
Mary Ell n Kettelkamp
John Hurt
Rod Sheffer
Ken Lewis
City of Arvada
Greenwood Village
Adams County
Arapahoe County
City & County of Denver
City & County of Denver
Jefferson County
City of Aurora
C ity of Boulder
Town of Bow Mar
Ct ty of Brighton
C ity of Broomfield
Town of Castle Rock
Cherry Hills Village
C ity of Edgewater
City of Englewood
Federal Heights
City of Glendale
City of Golden
City of Lafayette
City of Lakewood
City of Littleton
City of Louisville
City of Northglenn
C tty of Thornton
City of Westminster
City of Wheat Ridge
Also Present: Robert D. rarl y, DRCOG Executive Director; David A. Pampu,
DRCOG Deputy xecutive Director; C huck Goudge, City of Golden; Fred Allen,
Mayor, City of Westminster; George Hovorka, City of Westminster; Thomas Q •
Benson, D OG Attorney; Shirley Heck, ExecutiveS retary for the Council and
various member s of the D OG s taff .
5
I • •
-
COUNCIL MINUTES
December 16, 1981
Page two
•
• •
Chairwoman Miller called the meeting to order at 7:35 p .m., roll was taken
and a quorum declared present.
Minutes of November 18, 1981
Council, upon motion by Ms. Anderson, supported by Ms. Jourgensen
u nanimou sly approved the Minutes of the November 18, 1981 Council
meeting as submitted.
Report of Chairwoman
Chairwoman Miller reported that Mr. Fisher was selected as the fifth member
to serve on the Nominating C ommittee and asked that he serve as Chairman
of that Committee.
Bill Thornton was appointed to serve as a member of the Transportation
Committee replac ing Jack Fenlon and Ted Hackworth was appointed to
represent DRCOG on the Transportation Committee as an alternate.
The Public-Private Partnership Conference sponsored by D.RCOG on December
10 and 11 was w 11 attended and provided an excellent exchange of information.
Bill Thornton reported on the NA.RC Data Processing Confere nce held in Denver
on December 14 and 15. This was a technical assistance conference which
provided information regarding computer applications fer COGs.
Chairwoman Miller welcomed two newly appoint d representatives to the
Council , Frank Weddig from the C ity of Aurora and Joe Bilo from the C ity of
Englewood.
Reports of Committ e
Mr. Briggs reported on th ctivities and progr ss of th Jails Task Fcrce,
noting the complex! y of th issues nd the prooress of the Task Force in
ttempting to d ntify specific are s to b di cussed in depth tor solve the
problems w f c in th 1 Hs issue.
Mr. H ckwcrth r port don act1v1t1 nd p core s of th Library Services Task
force. Two subcommltt s h ve b en at blish d, on to look at st te funding
nd the s c on to con id r th pos 1b111ty of metropolitan Ubr ry s ystem.
B th Jenkin nd B tty And rson r th aubcommitte chairwomen ,
•
I •
C O UNCIL MIN UT ES
December 16, 1981
Page three
•
• •
Ado ption of Plan Amendments Pursuant to Public Hearing Held November 18, 1981
Resolution Concurring in Recomm e nda tion fr om t h e Transportation C ommittee
to Adopt an Amendme nt t o t he Ye a r 2000 Interim Transportation Plan to Include
a Pr nci pa l Arterial Extension from the C-470/l-70 Interchange to U ,S, 6.
Mr . Fisher reported tha t the Program Committee recommended adoption of the
Re sol u tion by Counc 11,
C ouncil, upon motion b y Mr , F isher , sup ported by Mr , Clement
u nanimously adopted Res o lutio n No, 21, 1981, Resolut~Con
c urring i n Recommendation from the Transportation ComJJee to
Adopt an Am e ndment to the Year 2000 Interim Transportation Plan to
Include a Princ ipal Arteria I Extension from the C-470/I-70 Inter-
change t o U,S, 6 , VI signed copy of Resolution No, 2lis attached
to a nd made a pa rt of the f ile c opy of these minutes,)
Resolution C o ncurring in Recommendation from the Tra:sp~a~on c;ommittee
to Deny a Proposed Amendment to the Year 2000 Inter! Tra s ortatl n Plan
to Add An Intercha nge at U, S, 36 and West 112th Avenue,
Mr. F isher r eported tha t, after c onsiderable disc ussion, the Program C ommittee
recom mended an alternate a c tion b e co nsidered b y Counc11, and so moved,
C o uncil, upon mo tio n by Mr. F isher, supported by Mrs, Carr,
unanimously appr o ved t hat no action be taken at this time and
that the Amendment to the Year 2 000 Int erim Trans porta tion Plan
to Add An Interchang at U.S. 36 and W a st 112 th Avenue be
referred back o the Transportation Comm ittee foe f urther con -
sideration a ito J nuary meetlnq.
Mr. Fisher furth r reported that Jt w s th recomm n ation of t he Pro9f8m
Committee that, In d ition to referring he Amendm nt back to the Trans-
Port t1on Co m1tte 1t be don with the und rstanding that regional funding
w111 not b available for construction o the interchange; tha t the Cit y of
Westmin ter will provtd dditional design data for construction; and ,
that a better e Urn t of the cost o the interchange be pr ovi d e d for con-
aid ration by the Tr nspoctatlon Comm i tte •
Mr . Sheffer, City of Westminst r, st t d that th city accepts t h sa items and
is w11Unq to follow thr uqh,
•
I •
COUNCIL MINUTES
December 16, 1981
Page four
•
• -
Resolution Adopting an Amendment to the Regional Growth and Dev elopment
Plan to Extend the Designated Louisville Urban Servic e Area I
Mr. Fisher reported t hat the Program Com mittee r ec ommended favorable action
by Council on t he Resolution Ad opting an Amendment to the Regional Growth
and Development Plan t o Exte nd the Designated Louisville Urban Service Area I
Council, upon motio n by Mr . Fisher , supported by Mrs I Carr,
Unanimou sly a d opt ed Reso l ution No. 2 2, 1981 , Resol~o~
Adopting an Amendment t o the Regional Growth a'!Vie*xlxpment
Plan to Extend the De s ignated Louisville Urban S ce Area I ~ signed copy of Re solution No, 22 is attached to and made a
part of t he file copy of the se minutes 1)
Resolution Adopting an Am endment to the Regional Growth and Development Plan
to Extend the D es ig nated Lafayette Urban Service Area I
Mr I Fisher reported that the Program C ommittee recommended favorable a c tion
by Council o n the Reso l ution Adopting an Amendment to the Regional Growth
and Development Plan to Exte nd the Designated Lafayette Urban Service Area.
Council, upon motion by Mr. Fisher , supported by Mrs. Carr,
unanimou sly adopt ed Re sol utio n No, 23, 1981, ~solution
Ad o pting an Am endment t o t he Regional Gr~ a.d Development
Plan to Extend the De signated Lafayette Ur n Service Area I ~
signed copy of Re soluti on No , 2 3 is attached to and made a part
of the file copy of the se minutes.)
Mr. Fisher reported that the Tra ns p ortation Commi ttee and Program Committ ee
recommended that amendmen s to the Transportation Plan be suspended until
July, 1982.
Mr. Farl y e pl tr. d hat the staff 1 currently finalizing the draft Transportation
Plan which i an 1c1pated to be brought t o Council for approval in May, 1982.
By el1miMt1 ng furth r ch nges to th plan whil it is in a stage of analysis,
financial r sourcea will e cons rved in addiion to expedttinq th plan
preparation tf mendm nts to th Planar auap nd d until July, 1982.
Council, up n motion by Mr. Fisher, aupported by Ma. Jourgensen,
unant oualy pprov d auape naion of Tranaport tion Plan Amendments
until July, 1982.
•
I • •
-
•
•
• -
COUNCIL MINUTES
December 16, 1981
Page five
Amendments to the Articles of Association
Mr. Far ley reported that all c hanges, deletions, etc. as recommended by
the Program Committee, Counc il, staff members and legal counsel over the
past few months have been incorporated. The amendments involve definitions,
assessment payments, article amendment procedures and editorial and clari-
fication changes.
Council, upon motion by Mr. Fisher, supported by Mrs. Carr,
unanimously approved the Amendments to the Articles of Assoc-
iation. (A copy of the Articles of Association as Amended are
attached to and made a part of the file copy of these minutes.)
1982 DRCO G Weighted Vote Resolution
Mr. Fisher reported tha t the Program Committee reviewed the Weighted Vote
Resolution as pre sented in previous years updated to reflect the 1982 budget
as well as a generic weighted vote resolution, The Program Committee
recommended , upon approval of the amendments to the Articles of Association
by Council, that the generic weighted vote resolution be adopted.
Mr. Farley explained that the Council has had a weighted voting system in
place since 1972 which would allow any one of the members of DRCOG, on
any issue, expect for plan adoption or amendments, to call foe a weighted
vote, Thi s resolution is the same one adopted 10 years ago and will still
allow on vote for each $100 of dues.
Council, upon mo tion by Mr. Fisher, supported by Mrs. Carr,
unanimously adopted R solution No . 24, 1981, A Resolution
Establishing Formula For Determining Each Member's Weighted
Vote, (A signed copy of Resolution No, 24 is attached t o and
made a rt of the fil copy of th se minutes .)
Briefing on W
Mr. Mugler, D OG stdff, xplained the elements nd projects in the current
DRCOG water uallty m nagem nt planning activities. These activities inc lude
the DRCOG Cl n Water Plan upda t e a nd im provinq elements of th e c urr nt plan
such san aluatton of the us of s ptic systems throughout th e region,
a ricultural impa cts on w er qu lity and loc 1 measures for th e control of
rosion and diment tio n t o d t rmin their cost eff cttveness, a better
d flnition of moun in s rvk which h v ce ntralized wa tew t r servic
nd i t d with wa.ot w t r tr tm nt
contlnu d-
•
I • •
-
COUNCIL MINUTES
December 16, 1981
Page six
•
• -
Briefing on Water Quality Management Program continued-
projects. Clean Water Plan implementation activities include assistance to
designated rna nagement agencies, monitoring activities of the Colorado Water
Quality Control Commission and, if construction grants are available in 1982,
DRCOG will review the state's priority list and provide recommendations based
on the adopted Clean Water Plan. DRCOG also provides special assistance to
member governments in evaluating wastewater problems.
Briefing on Draft 1982 SIP Revision
Mr. Farley explained that informal word has been received this week that the
figures we have been using, coming off the computer model, may not be
accurate. We are waiting to get the report from the State. The legislative
issues before Congress are still valid. However, 1f there is new data, there is
no point in going through the briefing on the SIP preparation until we get a further
report from the State Air Pollution Control Division. The State is expected to
make a presentation before the Clean Air Task Force this month. Public hearings
are scheduled in January and it is hoped that the SIP revision end adoption
will be back on schedule in February and can be completed and forwerded to the State.
Report of the Executive Director
Mr. Farley reported that orientation sessions will be scheduled in January
which are designed to acquaint members, particularly newly appointed repre-
sentatives, with DRCOG, its programs, how it operates and provide an oppor-
tunity to explore some of the fundamen tals with regard to the organization.
We will be looking at the legislative session and the Governor's Call and
the issues on it. The Program Committee will be considering these issues as
the Governor's Call unfolds in January.
1982 will be very busy for DRCOG, particularly durinq the first three or four
months. The SIP will be before the Council, hopefully on schedule, in
February; the Executive Committee will consider the metro airport study;
updates to the population and employment forecasts should be before Council
in March or April ; and the Transportation Plan will be presented in May.
•
I •
•
COUNCIL MINUTES
December 16, 1981
Page seven
•
• •
Chairwoman Miller thanked Sharon Carr and Albert Bachman fer their
dedication and support as representatives from their respective juris-
dictions to the DRCOG Council, and wished them well in their future
endeavors.
Calendar of Policy Issues
Chairwoman Miller noted the Calendar of Policy Issues in the agenda packet.
Ad!ournroent
There being no further business to come before the Council, Chairwoman
Miller declared the meeting adjourned at 8:30p.m.
Vesta H. Miller, Chairwoman
Denver Regional Council of Governments
ATTEST:
Robert D. Farley, Executive Director
•
I • •
PRESENT:
ABSENI':
CYilfERS
PRESENr:
•
• •
OOARD OF C/\I1EER SERVICE <n.!l.liSSIOi'illll.S
Dl£EM13ER 17 , 1981
MINUl'ES
Jo .Ellen 'l\lrner, Catheri ne Pokraka, Janet Kcr.:ic,
Robert Brundage, !X>nald We ber
None
Richard S . Wanush, Assistant City Manager
Tony J effers, F.F .A. Pres iden t (l9P1)
John Wi ng, E.P.U.A. Presidcnt(1981)
!X>nnell Stanton, E.P.B.A. President (1982)
Michael Gruninger, Fi refighter
James McCUrdy , D.O. E.
Larry Leydon , Police Sergcan t
* * * * * *
Cba.irnan Weber called the rooeting to order. Carrnissiooer Brundage mved,
seconded by Ccmnissione r Turner to approve the November 19, 1931 minute:;.
AYES : 'furner , Pokraka, Kerzic , Brundag , IV ber
NAYS : None
••••••
!tan three o n the Agenda Wd.S the Ehployee Associations Clloice. 1bcr was no
representative present for the :Ebl>loy Associatioo . John Wing, Presid nt
or th Police Benefit Associatl.on thanked the l3oarc.1 for their consid rat1.on
during his tenn as President in 1981 and introduced Donn l Stanton as th'
new 1982 Presic.lent of Poll.cc Benefit Association. Mr. Wing stated that. Wl.Lh
the approval of the Association he ~uld continue t.o involved in t proposed
Car r Service Board Ordinance revisions until tht.ir adoption. Mr . Wing
requested a current and carplete copy of the proposed ordinance c that
re fore O:>uncil for their consideration. He al tnquired as to any
ordinances relating to ligibility for re-hire and th t tus of tl n
Cr Prev ntion Coordl.IIator positioo which d briefly with t
Carrnissiooers.
Tony Jeffers, President of the Firefighters r r 1
Board for their consideration during hi t nn. lJi 1 Grunin
discussed the status and t nninology of the proposed ordinan
the Board .
• • • • * •
•
I •
•
•
• •
Page2
Additionally, under Commissioners Choice, Commissioner Brundage wished everyone
a Merry Olristmas .
* * * * * *
Item five on the Agenda W.LS Unschedule<.l Visitors. Larry Leydon, Police &Jr~uanL
discussed a situation regarding his past perfonmnce evaluation which he had been
disatisfied with. He explained the sequence of events leading to the final
response which he felt was satisfactory. lie questioned, ho¥.ever, whether :m
employee's performance evaluation could be considered a matter for Merit Appeal
and if so, could such be detennined by the Boai-d without taking the action.
Chairman Weber stated that the Board 'M>Uld have to bear each individual case,
taking into consideration argwents fran both sides before they could rmke their
detennination. He further explained that until the proposed ordinances ~re
passed they could not advise him of the correct procedure for Merit Appeals.
Mr. l.eydoo asked that he be advised when a cq>y of his performance evaluation
was placed in his persoonel file.
******
There being no further business before the Board, Chairman Weber adjowned the
Ilecent>er 17, 1981 regular rooeting of the Career Service Board at 8:00p.m.
• • • * * *
Valerie Christy,
I .
-
•
•
• •
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
January 5, 1982
I. CALL TO ORDER.
The regular meet ing of the City Planning and Zoning Commission was
called to order by Chairman Judith B. Pierson at 7:05 P.M. in t he
Library Conference Room.
.)
Memb ers present: All n, Barbre, Becker, Carson, Draper, McBrayer ,
Pierson , Senti, Tanguma
Memb ers absent:
Also present:
Pow rs , Ex-officio
None
Assist ant Director for Planning D. A. Romans
Senior Planner Susan T. King
Assist ant Director for Housing Franc es B. Jonas
Hou sing Administrator Linda Knopinski
Public Works Director Kells Waggon er
Urban Renewal Author ity Members Minni ck and
Dickinson
Mrs. Pierbon welcomed the staff members and Urban Ren ewal Au thorit y
m mbers to the meeting.
II. APPROVAL OF MIN UTES .
Mrs. Pierbon stat d that there w r several sets of minut s that w re
to b consid red for approval, the first of which is from th me ting
of D cemb r 1, 1981.
Tanguma mov d:
Carson s cond d: Th Minutes of D c mber 1, 19 1, b
wr1 t n.
pprov d as
AYES: Barbr , B c k r, Car s on, Dr p r, McBray r, Pi rson, S nt1,
T a ngum , All n
NAY S : o n
T h mo ion c arri d.
nd,
u
I .
•
• -
-2-
Mr. Draper stated that h felt information regarding Mr. Deckard's
lack of information and unwillingness to provide information re-
garding the financial aspect of the Adult Center had been omitted
from th Minutes as written. Discussion ensued. Mrs. Pierson
poin ted out that if the transcript of the Hearing is made a part of
the official Minutes as has been requested, this should eliminate
Mr. Draper's concern.
Draper moved:
Carson seconded: The Planning Commission approve the Minutes of
December 8, 1981, as written, and that the
transcript of the Public Hearing be made a part
of the official Minutes of that meeting.
AYES: Becker, Carson, Draper, McBrayer , Pierson, Senti, Tanguma,
Allen, Barbre
NAYS : Non
The motion carried .
Mrs. Pi rson stated that the third set of Minutes to b considered
were from the Sp cial Meeting of December 15, 1981.
Carson moved:
Draper seconded: The Minutes of December 15, 1981, be approved
as writt n.
AYE S: Carson, Drap r, McBrayer, Pierson, S nti , Tanguma, All n,
Barbr , B ck r
AYS: on •
Th • motion carried.
III. Fl~D PLAI /LITTLE DRY CREEK 2
Works
•
n
I .
nt
•
•
• •
-3-
now provides control fo r approximately nine and one-half square
mil es . Holly Dam controls approximately two square miles of drainage;
thi s leav es approximately 14 square miles of uncontrolled drainage
wh ich comes into Englewood via Little Dry Creek.
Mr. Waggon e r stated that Little Dry Creek is in an open c hannel from
its point of entry into the City and through the downtown area,
until it enters a box conduit at the back of the Chamber of Commerce
on We st Girard Avenue. This conduit is 12 feet deep and 15 feet
wide at the point of entry, and changes slope and size at Cherokee
Street, ext nding under King Soopers, going to Floyd Avenue and
west along Flo y d Avenue to Huron/Eastman where it re nters an open
c hanne l to the South Platte River. Mr. Waggoner stated that the
conduit was construct d when Cinderella City was built, and was to
accommodate a projected 5,000 cfs runoff, which capacity was
approved by the Corps of Engineers. Plans wer to continu e the
box to Sherman Str et , and to line the channel of the Creek with
concrete to South Clarkson Street.
In 1974, a study was done by McCall-Ellingson, which projected
that 7,000 cfs entered Englewood at South Clarkson Street via
Little Dry Creek. Mr. Waggoner stated that the Holly Dam has been
constructed si nce this study was done. In 1976, th City Council
considered the possibility of making Little Dry Cr ek a "green strip"
through the City. Sellards and Grigg did an alternative analysis
that would keep part of the channel in grass. Sev ral alternatives
whi ch were presented by Sellards and Grigg were discussed by
Mr. Waggon er .
The City Council chos an alternative for Litt le Dry Cr ek in 1978,
which plan is to xt nd th box conduit to a point south of
Hampden Avenu , with a grass-lin d channel to South Clarkson Street,
the two dams up-str am (Englewood and Holl y), and th onstruction
of a d t ntion pond on th High School athl tic fi ld. The purpos
of this proposal was to eliminat the flood plain for th 100-y ar
flood through th downtown area of Engl wood. Mr. Wagg o n r p o1n t d
out th t constr uction can tak plac in a flood plain; how v r , th
first floor would hav to b rais d on -foot abov th flood pla1n
levation.
tiv
•
I .
•
• •
-4-
Boar d is meeting with their attorney and will let the City know
if they will approve the use of the athletic field for the d etention
pond.
The City has interviewed one Engineering Consultant, and will b e
int e rvi e wing five other fir ms on January 6th and 7th; he stated
that he hoped a consultant would be chosen shortly, and t hat design
of the Lit~le Dry Creek improvements could begin. Mr. Waggoner
stated that Urban Drainage and Flood Control District has $5,000,000
whic h they wo uld provid for improvements on Little Dry Cr ek , and i~ is anticipated ~hat an additional $242,000 would be available
in 1985. The City Council does have monies in the Capital Improvement
Fund which is armarked for improvements to Little Dry Creek. It
is propo sed ~hat bonds will be marketed to complete the construction
and improvements on Little Dry Creek. The total project is esti-
mated to b $9,300,000 . Discussion on the matter of financing ensued.
Mr. Waggoner stated that the Urban Drainage District tri es to put
back into a county th equivalent amount of money whi ch bas been
r ece ived over a five-year period in ad valorem taxes.
Mr. McBrayer comm nt d that it appeared that approximately 50% of
the drainage comes from the Tech Center area; h asked what impact
the extensive asphalting of this developing ar a had on th cfs
draining into Englewood? Mr. Waggoner stated that th develop rs
have had to provid on-site detention up to a certain amount; this
has b en required by Greenwood Village.
Mr. Drap r asked whether debris flowing down Littl Dry Creek would
block th mouth of the conduit and caus gr at r flooding?
r. aggoner stated that a few years ago during a p riod of high
w ter in Little Dry Creek , an old garag on South Bannoc k Str t
at W st Hampd n Av en u was washed into th ch nn 1 ; by th time th
structur r ached th mouth of th co ndu~t t Bannoc k and Girard ,
th •r w s nothing 1ft but "splinters nd toothpicks ". H ac-
knowl dg d hat th er is a possibility of om th ing p ssibly blocking
th mouth of th o nduit during a p riod of high-w t •r .
M .
if
r ght-of-w y
ag on r point d
th d s~gn d
s would
I .
•
• •
-5-
previously approved. Further discussion ensued .
Ms. Powers pointed out that the improvement of Little Dry Creek
is not only an engineering project; this improvement is also the
first step in the downtown improvement plan and is the most
expensive to undertake. Ms . Powers pointed out that a concrete-
lined c hannel would not be aesthetically pleasing in the downtown
area, and the engineering and design factors must be worked out
and complement each other.
Ms . Pierson expressed the appreciation of the Commission for
Mr . Waggoner's presentation.
IV. PUBLIC FORUM .
No one addressed the Commission at this time.
V. DIRECTOR'S CHOICE.
Ms. Powers stated that the Urban Renewal Authorit y is involved in
the Little Dry Creek Flood Plain improvements, because they will
be the body issuing the tax increment bonds to finance a portion
of the improvements.
Mr. Carson asked the time element for completion of the walk-through
in th downtown improvement area? Ms . Powers stat d that the walk-
through on the east side of South Broadway is moving along; no
plantings will be done until spring. The City has mad an offer
for th prop rty on the west side of South Broadway.
Ms. Pow rs stat d that sh had nothing furth r to r port on th
Prowswood dev lopm nt.
Ys . Pow rs stat d that Cind r~lla City is pro d n
plans for a food court by r moval of th fountain in 11
and op ning this ar a up to th low r 1 1. Thy h v
c u ss ed prinkling of th ntir c nter. othing urth r haS n
r nt don th park1ng d ck adjac nt to J.C. P nn ys which was
co n s id r d by h Planning Commission on Nov mb r 17, 19 1.
•
r
•
• •
-6-
Ms. Powers gave Commission members copies of a District Court
suit filed against the Planning Commission by Rocky Mountain
Acquisitions/The Adult Center. This suit was served earlier on
this date. Ms. Powers stated that she has discussed this with
Assistant City Attorney Holland, and it is suggested that the
Commission should meet with Mr. Holland regarding this lawsuit.
It was suggested that perhaps the Commission could mee t with
Mr. Holland on January 19th at 6:30 P.M. prior to the regular
meeting at 7:00 P.M.
A joint meeting of the Englewood Planning Commission/Littleton
Planning Commission has been scheduled for February 2, 1982. No
agenda has been set at this point.
VI. DIRECTOR'S CHOICE
Mr. Carson inquired regarding a rumor that the South Drive-In
Theater was to be sold and developed with condominiums. It was
pointed out that this site is not within the City limits.
Ms. Romans stated that the owners of a scooter repair shop who had
asked for approval of the use in the Hampden/Corona area, have
now said they intend to repair large motorcycles. This matter may
be on the agenda for the Planning Commission meeting of January 19, 1982.
Ms. Becker inquired what steps should be taken to assure that the
new kerosene heaters which are on the market are legal in the City
of Englewood? Ms. Powers stated that she would discuss this with
the Code Enforcement Division. Ms. Becker noted that the new
kerosene heaters are very efficient, but are not lawful at the
present time.
The m eting adjourned at 8:15 P.M.
•
I .
•
• •
WATER AND SEWER BOARD
January lZ, 1982
Regular Meeting
The meeting was called to order at 5:02 p.m. by Stewart Fonda .
Members present:
Members absent :
Also present :
Gibson, 'Best, Feamster, Fitzpatrick,
Otis, Giseburt
Fullerton, Higday
Stewart H. Fonda
I. WATER PRESSURE EXPERIMENT ON 4795 S. INCA ST .
5
Stewart Fonda explained the procedure used and the results in the
water pressure experiment at the Elmer Schwab residence. The attached
memorandum was discussed and the board members will consider action to be taken at a future board meeting.
II. ENGLEWOOD MUNICIPAL GOLF COURSE CLUBHOUSE TAP FEES AND
SERVICE CHARGES .
• The attached proposal submitted by Mr . Gary Diede was discussed .
As 1 result 1 policy granting inside City utility rates to City
facilities outside City boundaries was proposed .
Mr . Fitzpatrick moved ;
Mr . Best s econded;
Ayes:
Nays :
Abstain :
Absent :
r.ot ion carried .
To establish a policy giving City facilities
outside the City boundaries inside City
u til i ty ril te s .
Best, Otis, c-;tzpatrick
Gis eburt, G1bso~
Feemster
Fullerton, Higday
Ill. DEVELOPMENT AGREEMENT FOR NAVAJO STREET INDUSTRIAL PARK.
Portions of the attached developnent agr nt that pertain ~o th
Utilities Depar~nt were discussed.
• •
I • •
•
Board Members Present:
Board Member s Absent:
Staff Present:
Guests & Visitors:
•
• •
ENGLEWOOD DOWNT~fN DEVELOPMENT AUTH ORITY
3535 So. Sherman-Englewood, CO 80110
5
Wednesda y , J anu a r y 13 , 1982
MINUTES
Bush, Coleman, Casson, Holthaus, Kaufman, Mausol f , Maxwell,
Owens, Pendleton
Nea l , Robo hm
Hav i land, Simpson
Jim Chambers,Board of Directors, Centennial Chamber of Com-
mer e ;Gord o n Cl ose , d ba /En gle o d; Eug ne Ot is , Ma yo r of
En g l e wood; Su san Powers, Directo r of Comm uni ty Development,
City of En glewoo d; Kathy e Thoma s , Engl ew oo d Sentinel
Board Chairman Holthaus calle d the reg ular meeting to order at 12:10 P.M.
Mr. Casson moved that the Minut es of th r g ular meeting of De cemb er 9, 19 82 be ap-
proved a s distributed. Seconded by Mr. Mausolf . The motion was ca rr i ed by a vo ice
vo t
Th bills f o r pnym nt wer pres nt d to t h Boa rd. It was not d t l t th total o f
t h bills wa s $8 ,828.93 . ~u . Ca sson ex plained that requis it ion no. 11 39 1 ,in th
mo unt o f $6 ,240 , enc um b r d funds f o r Sacht r prop rty f o r l q82; r quisi i on no .
11392 , i n t unt of $1,R42.00, nc um r e fund s fo r Amer ic n Offic Equip en t
Co. fo r 19 2 ; and requ1 ition no . 1139 ~, in h amoun t of $528.5 , r pr ent d th
fo r upplie fo r th Savin 770 . r s. e n s o v d t ha t all bill be paid
nted. S cond d hy ~r. Pendl e ton. Th motion was carr i ' v vote vot
Mr. C sson pr
m b r s to cl
Mr. Col
ac c ount
R so lution 1 , S crl
Authority am ndin •
S rtes o f 19 2, w
pa d unanlmou ly
nd mad a part o
vor
to th wn
8 a d nd 1
r
xt
y ,
•
~aark t
H will
tl
I •
-
•
•
• •
IV. UNION AVENUE PUMP STATION.
Status of the Union Avenue PYmP Station was discussed . A report
on same will be completed and distributed by the next board meet ing.
Meeting adjourned at 6:00 p.m.
The next Water and Sewer Board Meeting will be held February 9, 1982,
5 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary
•
I .
-
•
•
Page Two
Regular Board Meeting
January 13, 1982
•
• •
members of City Council and the Urban Renewal Authority. The purpose of the study
session is to discuss the direction which needs to be taken in implementation of the
downtown development plan.
Mr. Haviland stated that there have been ongoing discussions with the owner of
the land at 3455 South Broadway about purchasing this property. This would be
utilized as a pedestrian walk-through from Broadway to Acoma as shown on the Down-
town Development Plan.
Mrs. Powers reported that the proposed Sign Code will be considered by the Plan-
ning and Zoning Commission at a Public Hearing on Tuesday, January 19, 1982. This
will be the final hearing of the Planning Commission before they vote on the pro-
posed Code.
Mr. Close announced that the dba Board is sponsering a wine and cheese party at
Melody Music on February 18, 1982. This will be a fund raising project.
Mr. Mausolf apologized for his recent absences at Board Meetings.
There being no further business to discuss the meeting was adjourned at 12:45 P.M •
I • •
•
• •
l:.:nylcwoo<.J l'urkti ..lnd l<c.;<.:rt . .:...tll.Oll UcpurLmcul
Minutes o f January 14, 1982
'l'he rcyular monthly mceL~ny of the t.::nylc wood P..ark » .:.111d l<ccrc..atLon l'ununo :c.,.,tu ll
w~s <.:ullcd Lo orc.lcr cJL !J: l J p.m. Ly Lhc chua nnuu , .l uck l'uul<.: 1.11 Llu.: ltt-:·v • Vtvv
Training Room of the Parks and Recreat~on Off~ce .
Mc1n.Uer s prc~c.!nL ; Alle n , IJcud!;).huw, Uuw ..... n.J , l'oolc , l<.L <..:hun.J~
t1embers absent :
Al>;o prc:;cnL:
Boardm n , ll~gday
L.l' .. J<.uuk .. Ul::., U .1.rc c.:Lor ul. Park!:i c.LlH.l Hc~rc""L.Lull
Doug Foe, Assistant Director of Parks and Recreat ~on
Leon Kuhn, Assistant Director of Parks and Recreat~on
lk.JIJ lirutulo.~'Jl!, C.:lt .. tlnn.&t&, i':JitJICW<JtJtl ('uuuuualtly Cl.'tll•·t l't•IIIIIIILtt.•c.•
~ull y UCUIIUu'JC
Ch airman Poole asked if there were any addit~ons or corrections to Lhc m~nutes
of Lhe meet~ng of December 10, l9til. There were none. A mot~on wa ~ m..adc, »ccondcd
unu pa:;setl Lhat the minute :; be approved.
Director Romans reported that the City Council approved the golf fee :;chedule
cHL..ab l~sh~ng an increa~e ~n fc s and charges for the t.::nylcwood Mun~c~pa l Lolf Co urse .
u~recLor Romans reporLetl thaL the C~Ly Co uncil awarded the conLrucL Lu
co11 >.LrucL Lhc new yolC clubhou»e Lo Fischcr-Wh~tc Con»LrucL~on Comp<.~ny. 'l'hc conLrucL
wu :. :~/11,/lL. ULh· •non1 c :..-lh_avc lJcun Uu<..hJ cL·d lur Lhu urua :.lu.u<J :.,, arraq.._,L,uu,
L<!lcpllonc »cr v~cc, ULJ.l~LLC », lan<l»c..ap~ny , Lcl>LLny of Lh • qcountl , COilcrcLc, Uxlord
l!HLC o.UICC 1 UO:l.l.qO (~:us uzuJ C X!~Ilbl.!b 1 UUC<Jlwl .. luCIA ·,y:.\.cl'l lv \.hi.! c.lui.Jiluu~ •. 'l'o lul
~o~L of Lh so ~t ms ~a about $1 ,470 ,000.00.
Groundbr k~ng Cor \.h ul.>hou& wa 10 h ld on Ucccllll>cr 17, 1\!IJl. l'ounuuL~vnl>
.. c • uo I.JuL ull work h.l :.lOI•I'cu due LO thu :.now ull<l low llcqrcc Wl.!uLh c
w s w rd d to Boyd 01 \.r~butors, lnc. for .. 11 ,5\!4.00. 'l'h r w 11 only onu oth r
1 r, Rocky Mountaln Col Crt, Inc., who b1d 118,750. Thirty-fiv c rta r to I • •
Englewood Parks and Recreation Commission
Minute s of J anuary 14, 1982
Page -2-
•
• •
be delivered on AprJ.l 1 , lYU.l <.111d fJ.ftcen <.:<.~rt;, on June J, l'J!I2 . Tilt: c:Juullou:,..,
s houJd be ftn.1.shcd by J unt> dlld Ulchc cJ.rt.s w1ll be !.Lo r t•cl "' hL• IJd ~•vm(•lll; 'f 1101 , "
<.:haJ.n-lJ.nk ence wJ.ll I.Je put up at the old cl ubhouse t o s t ore the f J.rst LhJ.rty-five
co.~rls de l1vcred.
SJ.Les for a communJ.L y center were dJ.scussed. SJ.te e valuatJ.on sheets for the
cuuunun1 Ly ec nlcr w •n : U .u .. Lrtbult.:J Ly 1\:....~_.J :.t -'Ill U1 r ct.:Lor 1-'tH' Lu Llu· ('oiUIIII :. , ''H I
members present. Minimum land requJ.rement for the community center is 2 ~ to 3 acres
tH J CJH ,'JOCJ :;qu\JrC r ee l. 1\f l(•r !o(IIU ' di!ot.:U!.~o iOII, I L Woe :. dt•l 'l t h •d .addilltlllo!l lliiOf"llldliOii
wa s needed in order to make a decJ.sion on a proposed site. It was agreed that a
dec J.sJ.on should wait for the outcome of Commissioner Higday' s meetJ.ng WJ.Lh Mr s . Holben;.
Co mmissioner Bradshaw suggested that the high school students should get J.nvol ved
w J Lll Lilt: <.:onununi ty ccn Lcr. 1-'urlJ tcr UJ.~:H..:u~~.l<Jn 011 tht.: <:ouunuuiLy cenLtJC h .Llc~ W\o.l ~ po::,.L-
[~ned untJ.l the February 11, 1982 Co mmJ.ssJ.on meeting since two member s of the
The possibility of the S tate lottery bJ.ll bc1.ng passed as a possil.Jl · source of
•non ey for the communJ.ty center wa ~o dJ.scussed. The Colorado Municipal Le<.~que WJ.th the
Co loc<.~<.lo t<ccreaLJ.on Socl.cLy 1.:, ;,pc urhe udJ.n <J the move to pa;,s the lottery IJ1ll 1.11
lL W<.IS >.ugyc;,tc<.J Lh..ot the rnc•nLcr;, <.ltlcn<.J Lhu '!'o wn MccLJ.n•; ut Lhc
Colo r<.~<.lo Mun1.c1.pal League on Junuu ry 26th <.~L 7:30 p.m. il L l;,aolc Newton Juntor IIJ.yh.
'!'he Arupuhoc legJ.sl tors wt ll h pro ent <.~nd Lh r w.ll h a qu litton olnd o.1nsw r
:.••:.to lt,Ht.
Co J.tilil.On r lh<.h<.~rd;, ..orr.a.vcd oll 6:00 p.m.
A report wu s mude on l.h u ConvnJ..ttc on "Rulo~o. nd ltc<Julo.lt.a. na. for Lhu l'urk!i o.~nd
Rccr tl.OO CO IIlllll.S 100" by Ch l.r n Poole. Ch l. n P l litot d th t h ol9C d Wlth
v ry r gul t1on 7 Whl.Ch C08trl.Cl th tea Cor th Coma1.aa J. n ra. A
hurt o u.cu lilOn follow o. II • L10n Wol ll 11u<J to rcmov u. 7 , 1. L wa.. • u~o;o•a.lu<J ..ond
p .. d.
• •
I • •
-
Englewood Parks and kccreation Conunission
Minutes of January 14, 1982
Page -3-
•
• •
Co lruni ~!:d.o ner liOW<.lrd .lt14Ul.rcd .1.( Lh(! ... u..JU! Ll.Oil or u. r t..:<JUlc.JLl.OJI Lu "' UVidv t.Jiltc .l .. d
representation from the Youth Council woul d be pos»iblc. After »ome dt.--.c:u:.:o~uu , .LL
was dccic.Jcc.J to invite the youth group Lo ..aLL<.:uc..l Llr<.: CuuurH:,:,.tun III<.:CL.lll<J :>. /b:...t:>LuuL
D.trector Poe will sec that membe r s of th Youth Council .rr<' •nv.ttccl to fu lurc •
CommissJ.on meetings. AL the same LJ.mc, sL..rff "'ould spcn<.l some LJ.mc W.LLIJ Llr" youth
Director Romans presented correspondence from the CJ.ty Manager J.n whJ.ch the CJ.ty
Mallo.J<jer !>Luted that. he I tkcd Lh • tdea of Lll<' <:rcuLH> .. of ,, i'urk:. """ l<•·<·n ·.rt "'" 'J'ru:.l
Fund but po.tnted out that the procedure as requ.tred by Lhe t:nylewooc.J MunJ.<.:J.pdl Code
was for the City Council to ask the City Attorney to prepare an ordJ.nance. The CJ.ty
Manager also expressed some concerns that he felt should appear J.n the Trust Fund
l>U<.:I1 o.IS d person <Jl.V.lH<J o.l dOn.>LJ.on LO u jJCOJ<.:<.:L ln whtc.:h Lir<.: CJ.ly COUll<.:! l ..:uul<.l nul
find enough funds to complete.
('uUUUJ~~l.UIH.!C I<J.<.:h&Jrc.J~ CL:utu.rk.t.:c.J l11uL u.J l Uvuu.LJ.VII .... wuuld L\.! 111 LlU !.L .&IIJ LlauL
there would be no oblJ.gation for the City to fund any proJeCt that they co uld not
lund.
After some dJ.scussJ.on, the CommissJ.on's fecl J.ng was that they did not wJ.sh to
c..lcluy yeLL.<uy Lhc 'l'rusL Fund lx.:lorc C1Ly Cuu11<..1l .. md sJ.u..:v Lhc C.tLy I\LLu111vy ho.~<.l
oil CC.a<iy pr 'jlo.ICC <.J ufl UCd!llo.Hil.:l' fur Lhv fuud, L11 • CUIIUIIH,:,ruu IIIUV •<.J , !, ·o.:uml..•d •<flU f'.J !,!.vd
<> motJ.o to » nd the recommend t1on to th CJ.ty Co~ncJ.l for theJ.r consJ. cralJ.on.
D1rector Ro ns st ted th t 1n th !uture h would r m1nd th CommJ.ssJ.on
to th
1•rol r jJro duro for r common 1ng .:~n ordJ.n to CJ.ty Counc1L
OJ.rcctor Ro n& reported Lhat 1nt. rv1cws for the h1r1nCJ of n cnqJ.necrJ.ng f1rm
l" dv till' llry ('r ·uk <lr.Juro.~•Jc pl.u••· wuru IH•W '"''"'I lrul<l. ..ui J.,r: •• wd •·• "''' ., '""·
h vu <.1 n pr 11 J.n ry OI>C:UiaL · and pl n1> or tho dr .1.n IJU dunniJ lh po.~~;;t thrcu
y~.:urto. l;oncu n Wil J.ndJ.C.llcd by t.l u C 11>1..1.00 ub LO Lhu
•
I • •
-•
• •
'Englewood Parks ~d Recreation Commission
Minutes of January 14, 1982
Page -4-
luke tr<:ul being included in Lhe project ,w<l expressed o..~n intcrcsL in scciny Lhc
plans before they were finali:~:c<l o Further discussion ensued on Lhc lli<Jh School
ucLention t~nds and cost of the projecLo
hssistant Director Kuhn discussed the preparations for the C1ty Forester
pos1 t1on o Advertisement for th1s posit1on began on January 1, 1 Yt:ll 0 11['1' H.:o.lLlOn»
wlll be taken until .January 2/., l'l02o ll ssistant Director Kuhn ouLlln d Lhc
in1tial JOb duties fo r the City Forester. So far, Ass1stant D1rector Kuhn has
knowled<JC o( two applicants who hav e indicated an inL oresL for th~>: JJO :.!LlOno
Oirector Homans announced that terms of of fico for Commls»1oncr» lllh:n ...ond
lloward are up in February. Director Romans suggested that Barbara Richards, Beverly
Bradshaw, Jim Higday and Bob Boardman meet shortly and fill these two positions as
ouLlined ln the City onhn .. uH.:c o Persons lntcresLcd should »Cuu ...opplH.:oltlou s Lo Lhc
Mayor or the City Manager.
'l'hurc Wf.it.i <l.l.~<.:u::.ti.LUii <.:<Jn<.:cru J.uy Llic 1. u. ~y:..;Lcm Lli""L w~:. pcc!.ocnlcd Lu Ll1 • C L Ly
-.:ouncil at the Budget RcLreaLo Commissioner Oradshaw suid she will bnng Lhu. up
...ol Lhc ncXL C.:1Ly C.:ounc.a.l anccL.a.uyo
Comm1ssioner Howard vo1ccd concern that Comm1sS1on r Boardman had m1»scd scvcrill
meet.1ngs and wondered 1f h1s work schedule had ch ngcd or 1f he w s 111.
C.:omJJI1»»10ncr H1chards saul she would relay th1s concern LO CommL»Siouer llo...or "no
'1'hc mect1ng was d)ourncd aL 7:28p.m.
LLnd Cory, Recording Secretary
• •
I • •
•
•
• •
JuJu/, )3.98~ p;~,..""
.4,.,.,../1 ., .c. ..
January 2, 1982
Eugene Otis, Mayor
City of Englewood
3400 South Elati
Englewood, Colorado 80110
Dear Mayor Otis:
It is with deep regret that I must inform you that
I must resign from the Planning and Zoning Commission,
effective March 1, 1982.
It has been an intensely rewarding and interesting
seven years! Unfortunately, the growing demands on
my time from my law practice and my family have
dictated this decision.
cc: Susan Powers
Dorothy Romans
Sincerely,
4,;, ~,.,
~I~~ BEGGS PIERSON
, ·-I •-....
CiiY 1\1~. \:iLt. ~ v,=-,..;~
ENul YrOOiJ
•
I •
-
•
')
ORDINANCE NO. 7
SERIES OF 198~2-----
•
• •
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER NEAL ----------------
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE EX OFFICIO CITY
CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS
ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICIPAL
CODE OF '69, AS AMENDED.
WHEREAS, the responsibilitiesof the office of the City Clerk
require that assistantsand depu ties b e de leg ated responsibility to
effectively carry out the dutie s of the office o f City Clerk.
NOW, THEREF ORE, BE IT ORDA INE D BY THE C ITY COUNCIL OF THE
CITY OF ENGL EWOOD, COLO RA DO:
Section 1 . The following Section 9 is hereby added t o Chapter 5,
Title I, of E.M .C . '69 , as amened:
(9) Th e Director of Finance may appoint m mbe rs of
Department of Finance as assistants a n d d eputi es
as such are necessary to carry out he dutie s o f the
City Clerk.
I ntroduced , read in full , and pass d on first rea di n g on
the 1 8th day of January , 1982.
Published as a Bill for an Ordinance on t h 20 t h d a y of
January, 1982.
Read by i
of February , 1982.
Publish d by
on th Jrd day of F
At es
x oftic1o C1.
and pass d on final reading on the 1st day
i le as Ordin n
ru ry, 1982.
o .
•
, S ries of 1982,
is , Ma yor I •
-
•
•
•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the foregoing is a true
accurate, and complete copy of the Ordinance passed on final read-
ing and published by title as Ordinance No. , Series of 1982.
Gary R. Higbee
•
I •
-
•
ORDINANCE NO •. 1
SERIES OF 198r--
•
• •
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER~N~E~A~L ________ __
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE EX OFFICIO CITY
CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS
ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED.
WHEREAS, the responsibilitiesof the office of the City Clerk
require that assistan~and deputies be delegated responsibility to
effectively carry out the duties of the office of City Clerk .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1 . The following Section 9 is hereby added to Chapter 5,
Title I, of E.M.C. '69, as amened:
(9) The Director of Finance may appoint members of
Departme nt of Finance as assistants and deputies
as such are necessary to carry out the duties of the
City Clerk .
Introduc d , read in ull , and passed on first reading on
the 18th day o January, 1982.
Published as a Bill for an Ordinance on the 20th day of January, 1982.
R ad by i le and pa s d on final reading on the lst day of February, 1982.
Pub lished by
on th 3rd d • o f
At es
ex officio ci
i 1 as Ord~n nc .~.
uary, 982 .
•
, Seri 0 1982 ,
I •
•
•
• •
I, Gary R. Higb e, x of 1cio City Clerk -Treasurer of the City
o f Englewood, Colorado , h reby cer ify that t he foregoing is a true
accurate , and comp let copy of the Or dinance ~ssed on final read-
ing and published b y 1 le as Ordinan c o . ~1_ , Series of 1982.
Gary R. Higbee
•
I • •
•
•
• •
7
BY AUTHORITY
ORDINANCE NO. L
SERIES OF 198_2 __ __ COUNCIL BILL NO. 3
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE PROHIBITING INDECENT ACTS WITHIN THE CITY OF ENGLEWOOD,
COLORADO AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interests of the City of Englewood to pro-
hibit indecent acts within the City; and
WHEREAS, the previous Indecent Acts Ordinance, Englewood
Municipal Code of 1969, as amended, Sll-7-8, has been held to be
unconstitutionally vague and overbroad by the Englewood Municipal Court.
NOW, THEREFORE, BE IT ORAINED BY THE CITY COUNCIL OF THE CITY COUN~IL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 11-7-8 of 7itle XI, '69 Englewood Municipal
Co de, as amended, is hereby repealed.
Section 2. That to Title XI of the '69 E.M.C., as amended, be
added a new Section 11-7 -8, as follows:
11-7-8 INDECENT ACTS
(a) It shall be unlawfu l for any person to perform any of
the following in a public place or where the conduct may
reasonably be expected to be viewed by members of the public:
(1) an act of sexual in tercourse; or
(2) an act of d viate sexual intercourse; or
(3) a lewd exposure of the body done with intent to
arouse or to satisfy the sexual desire of any
person; or
(4) a lewd fondling or caressing of the body of one-
s lf or of anoth r person.
(b) I shall b unlawful for any p rson to knowingly expo
his or her genitals to th vi w of any person under circum-
nc s in whi ch such conduct is lik ly to c us ffront or
1 rm to th oth r person.
•
I • •
•
•
• •
Section 3, That an emergency is hereby declared due to the Mun~c~pal Court of Englewood finding legislation relating to
indecent acts unconstitutional and the passage of this ordinance
is necessary for the i mmediate health, safety and welfare of the public.
Introduced, read in full, and passed as amended on first
reading on the 18th day of January, 1982.
Published as a Bill for an Ordinance, as amended, on
the 20th day of January, 1982.
Read by title and passed on final reading on the 1st day of February, 1982.
Published by title as Ordinance No. ______ , Series of 1982,
on the 3rd day of February, 1982.
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, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. , Series of 1982 .
Gary R. Higbee
-2-
•
I • •
ORDI NANCE NO. ~
SERIES OF 198_2 __ __
•
• •
BY AUTHORITY
COUNCIL BILL NO . 3
INTRODUCED BY COU NCIL
MEMBER BRADSHAW
AN ORDINANCE PROHIBITING INDECENT ACTS WITHIN THE CITY OF ENGLEWOOD,
COLO RADO AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interests of the City of Englewood to pro-
hibit indecent acts within the City; and
WHEREAS, the previous Indecent Acts Ordinance, Englewood
Municipal Code of 1969, as amended, §11-7 -8, has been hel d to be
uncons titution a lly vague and o verbroad by the Englewood Municipal Court .
NOW, THEREFORE, BE IT ORAI NED BY THE CITY COUNCIL OF THE CITY COUN~IL OF THE CITY OF ENGLEWOOD, CO LORADO:
Section 1. That Section 11-7-8 of ?itle XI, '69 Englewood Mu nicipal
Code , as amended, is hereby repealed.
Section 2. That to Title XI of the '69 E.M.C ., as amended, be
added a new Section 11-7-8, as follows:
11-7-8 INDECENT ACTS
(a) It shall be unlawful for any person to perform any of
the following in a public place or where the conduct may
reasonably b expected to b viewed by members of the
public:
(1) an act of sexual intercourse; or
(2) an act of deviate sexual intercourse; or
(3) a 1 wd exposure of the body done with ~ntent to
arouse or to satisfy the sexual desire of any
p r on; or
(4) a lewd fondling or caressing of the body of on -
self or of anoth r person.
(b) It ah 11 b unlawful for any p raon to knowingly xpos
hi or her g ni ala o th vi w of any p rson und r circum-
t nc in which such conduct is lik ly to caua affront or
1 rm to th oth r person.
•
I •
•
•
• •
Section 3. That an emergency is hereby declared due to the
Mun1c1pal Court of Englewood finding legislation relating to
indecent acts unconstitutional and the passage of this ordinance
is necessary for the immediate health, safety and welfare of the
public.
Introduced, read in full, and passed as amended on first
reading on the 18th day of January, 1982.
Published as a Bill for an Ordinance, as amended, on
the 20th day of January, 1982.
Read by title and passed on final reading on the lst day
of February, 1982.
Published by title as Ordinance No. 4-, Series of 1982,
on the 3rd day of February, 1982.
Eugene L. Ot1s, Mayor
Attest:
ex offic1o C1ty 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, accurate and complete copy of the Ordinance
pass~on final reading and published by title as Ordinance
No. , Series of 1982.
Gary R. H1gbee
-2-I •
-•
• •
7
BY AUTHORITY
ORD INANCE NO. (
SE RIES OF 198~ COUNCIL BILL NO . 4
INTRODUCED BY COUNCIL
MEMBER BRAD S HAW
AN ORDINAN CE E STABLISHING A SPECIAL F UN D FOR THE CITY OF ENGL EWOOD
TO BE KNOWN AS THE "PARKS & RECREATION FOUNDATION TR UST F UND" F OR
THE USE AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMIN G
AND FACILITIES, ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5 ,
OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED.
WHEREAS, the citi zens of the City of Englewood, Colorado,
have use of and en j oy numerous parks and recreational activities
through the Department of Parks & Recreation; and
WHEREAS, certai n people are des i rous of willing gifts,
bequests, g rants, and devises of property for the use and benefit
of said Parks & Recreati on Department.
NOW , THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO :
Sec tion 1 . Chapter 5 , Title XII I , o f the '69 E.M.C. i s h ereby
amended t o a dd the following provi sions:
13-5 -ll PAR KS & RE CREATION F OUNDATI ON
TRUST FUND ES TABLISHE D
There is hereby establish ed a specia l f und of t h e
City of Englewood known as the "Englewood Par ks &
Recreation Foundation Trust Fund" --a trust f un d for
the use and benefit of the programs a n d facili t ies of the
Englewood Parks & Recreation Departmen t .
(a) Trustees appointment .
Englewood Parks & Recreation Commissioners are
appointed as trustees of the Parks & Recreation
funds as part of their Commission duties and
shall serve during their tenure as Commissioners.
(b) Trust Funds.
All gifts , bequests, contributions, grants and
all investments thereof, from whatever lawful sources,
toge ther with all accumulations, accruals, earnings,
and incom with respect thereto delivered to the
Parks & Recreation Foundation Trust Fund shall be
h ld IN TRUST for the use and benefit of providing
improv d and expanded programs and facilities for the
Parks & Recreation D partment of the City of Englewood
through th trus fund h reby stablished •
•
I • •
......
•
•
•
• ..
(c) Management of the Trust Fund.
1. The Director of Finance, ex officio City Clerk-
Treasurer, shall manage the day-to-day investment
policy of the Trust Fund.
2. As needed, the trustees shall recommend to the
City Council periodic appropriations from the
Trust Fund for the exclusive use and bene fi t of
the Englewood Parks & Recreation Department.
3. Trustees, upon approval of the appropriations by
City Council and in accordance with standard
administrative procedures of the City, may make
distributions of income and corpus for the exclus-
ive use and benefit of the Englewood Parks &
Recreation Department.
4. The costs of servicing the Trust Fund shall be
approved by City Council as an expense of the
Trust Fund.
5. The Trustees shall have such other power as is
necessary to carry out the purpose of the Trust.
6. The Trust Fund shall be managed in accordance with
the applicable requirements of the Home Rule Charter,
Ordinances of the City, and State Finance Law.
7. The Trust Fund may be terminated by City Council;
however, any funds in the Trust Fund shall be
distributed exclusively for the purpose of the
Englewood Parks & Recreation Department.
(d) Contributions to the Englewood Parks & Recreat ion
Foundation Trust Fund to be Tax Deductible.
Gif ts, bequests, grants, donations, contributions,
and devises of property made exclusively for the public
purpose herein described are considered tax deductible
under the Internal Revenue Code and the laws of the
State of Colorado.
Introduc d, read in full, and passed on first reading on
the 18th day of J nuary, 1982.
Publish d as a Bill for n Ordinance on the 20th day of
January, 1982.
Read by title and passed on final re ding on the lat day
of February, 1982 .
-2-
•
I •
-
•
•
• •
Published by title as Ordinance No. _____ , Series of 1982,
on the 3rd day of February, 1982.
Attest: Eugene L. Ot~s, Mayor
ex off~c~o C~ty 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, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No. _____ , Series of 1982.
Gary R. H~gbee
-3-
•
I •
ORDINANCE NO.cj)
SERIES OF 198_2 __ __
•
• -
BY AUTHORITY
COUNCIL BILL NO. 4
INTRODUCED BY CO UNC IL
MEMBER BRADSHAW
AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD
TO BE KNOWN AS THE "PARKS & RECREATION FOUNDATION TRUST FUND" FO R
THE USE AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMING
AND FACILITIES, ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5,
OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED.
WHEREAS, the c i tizens of the City of Englewood, Colorado,
have use of and en j oy numerous parks and recreational a c t iviti es
through the Department of Parks & Recreation; and
WHEREAS, certain people are desirous of willing g ifts,
bequests, g rants, and devises of property for the use and benefit
o f said Parks & Recreation Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Sect i on 1. Chapter 5, Title XIII, of the '69 E.M.C. is he r eby
amended to add the f ollowing provisions:
13-5-11 PA RKS & RECREATION FOUNDATION
TRUST FUND ESTABLISHED
There i s hereby established a special f und of the
Ci t y of En glewood known as the "Eng lewoo d Parks &
Recrea t ion F oun d at ion Trust Fund" --a trust fund fo r
the use a n d b enefit o f the prog rams and fac i liti es of the
Englewood Pa rks & Recr eat i on Department.
{a) Trustees app ointment.
Englewood Parks & Recreation Commissioners are
appointed as trustees of the Parks & Recreation
funds as part of t h eir Commission du i s and
shall serve during their tenure as Commissioners.
{b) Trust Funds.
All gifts, bequests, contributions, grants and
all investments thereof , from whatever lawful sources,
tog ther with all accumulations , accruals, earnings,
and incom with respect thereto deliv red to th
Parks & R creation Foundation Trust Fund shall b
h ld IN TRUST for t h e use and benefit of providing
improved nd expanded programs and facilities for the
P rks & Recr ation D partment of the City of Engl od
through th trust fund h reby establish d •
•
I • •
•
• •
(c) Management of the Trust Fund.
1. The Director of Finance, ex officio City Clerk-
Treasurer, shall manage the day-to-day investment
policy of the Trust Fund.
2. As needed, the trustees shall recommend to the
City Council periodic appropriations from the
Trust Fund for the exclusive use and benefit of
the Englewood Parks & Recreation Department.
3. Trustees, upon approval of the appropriations by
City Council and in accordance with standard
administrative procedures of the City, may make
distributions of income and corpus for the exclus-
ive use and benefit of the Englewood Parks &
Recreation Department.
4. The costs of servicing the Trust Fund shall be
approved by City Council as an expense of the Trust Fund.
5. The Trustees shall have such other power as is
necessary to carry out the purpose of the Trust.
6. The Trust Fund shall be managed in accordance with
the applicable requirements of the Horne Rule Charter,
Ordinances of the City, and State Finance Law.
7. The Trust Fund may be terminated by City Council;
however, any funds in the Trust Fund shall be
distributed exclusively for the purpose of the
Englewood Parks & Recreation Department.
(d) Contributions to the Englewood Parks & Recreation
Foundation Trust Fund to be Tax Deductible.
Gifts, bequests, grants , donations, contributions,
and devises of property made exclusively for the public
purpose herein described are considered tax deductible
under the Internal Revenue Code and the laws of the
State of Colorado.
Introduc d, read in full, and passed on first reading on the 18th day of J nuary, 1982 .
Published aa a Bill for an Ordinance on the 20th day of Janu ry, 1982.
R ad by title and passed on final reading on the 1st day of F bruary, 1982.
-2-
I • •
-
•
•
• •
Published by title as Ordinance No.~ , Series of 1982, on the 3rd day of February, 1982.
Attest: Eugene L. Otis, Mayor
ex officio C1ty 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, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No .~, Series of 1982.
Gary R. H1gbee
-3-
•
I • •
•
• ..
?
BY AUTHORITY
ORDINANCE NO. '
SERIES OF 198~2-----COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE DESCRIBING AND DEFINING OBSCENITY AND PROVIDING
CIRCUMSTANCES UNDER WHICH IT IS PROHIBITED AND DECLARING AN EMERGENCY.
WHEREAS, the Ci ty Council of the City of Englewood declares
that it is in the best interest of the City of Englewood to prohibit
the promotion of obscenity within the City; and
WHEREAS, the previous Obscenity Ordinance, Englewood
Municipal Code of '69, as amended, Sll-7-7, has been held to be
unconstitutionally vague by the Englewood Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1.
amended
11-7-7:
That Title XI of the E.M.C. '69, as amended, be hereby
OBSCENE MATERIALS, DEVICES, AND
PERFORMANCES: PROMOTION PROHIBITED
(a) Definitions. As used in this section, unless the
context otherwise requires:
1. "Material" means anything tangible that is capable
of being used or adapted to arouse interest, whether through
the medial of reading, observation, or sound, but does not
include an actual three-dimensional obscene device.
2. "Obscene device" means a device such as a dildo
or rtificial vagina, designed or marketed as useful for the
stimulation of human genital organs.
3. "Performance" means a play, motion picture, dance,
or other exhibition performed before an audience.
4. "Obscen " me ns m terial or perform nee which:
a. th averag p rson applying contemporary
community stand rds would find ha~ taken s a
wh ole, appeals to th prurient i nterest in sex;
b. d picts or d scribes in a patently offensive w y:
(1) rotic r pr sent tions of ultim t sex
cts , normal or rv rt d, ctu 1 or simulat d,
including xu 1 intercours , sodomy, nd sexual b stiality, or
•
I •
•
• -
(2) erotic representations of masturbatio n,
excretory functions, sadism, masochism, lewd
exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or
arousal, covered male genitals in a discernibly
turgid state, or a device designed and marketed
as useful primarily for stimulation of the human
genital organs, and
c. taken as a whole, lacks serious literary,
artistic, political, or scientific value.
5. "Contemporary community standards" means state-wide
community standa rds as construed and applied by t he fi nder
of fact, b y r e fe rence t o the average adult in the comm unity as a whole.
6. "Patently offensiv e" means so o ffensive on i ts f a ce
as to affront current community standards o f dec ency .
7. "Promo t e " me an s to manufacture , issue , s ell , give,
provide, len d , ma il , deliver , transfer, transmit, publish,
distri b u t e , circulate , disseminate, present, exhibit, or
advertise , o r t o offe r or agree t o do th same.
8 . "Perso n" means any individual, corporation, associa-
ion, p artnershi p, t rustee, les , a en , or assignee.
n ral know! dg of , or
ground for belief
iry of th conten
orrnance. A person
v~ce or poss sses th
cours of his busines
~ s cont n or
(b) Promo ting obscen
roh~bi d. It is unlawful for any person
or poss as with in t ent to pro o , any o
or o produc , pr sen , or d1r ct
, and performances
nowingly o promote
mat rial or devic ,
per!ormanc or p r icip in portion th r of
ribu es to i s obsc nity. or that con-
(c) S verability . If ny portion of this se c tio n is found
by a cour of comp ten jurisdic ion to b unconstitution 1, th
r m ining provision s r v al id unless it pp ars to th court that
h v lid provision s r so ss n i lly and i nseparably conn cted
h th inv lid provisions h o a ver th m would no carry
th 1 gi 1 t ive in t n i n n cting this s ction.
-2-
•
I • •
•
• •
Section 2. That an emergency is hereby declared in that the
Englewood Municipal Court has found legislation relating to
obscene materials, devices and performance, unconstitutional and
the passage of this ordinance is necessary for the immediate health, safety and welfare of the public.
Introduced, read in full, and passed as amended on first
reading on the 18th day of January, 1982.
Published as a Bill for an Ordinance, as amended, on the 20th day of January, 1982.
Read by title and passed on final reading on the 1st day of February, 1982.
Published by title as Ordinance No. _____ ,
on the 3rd day of February, 1982. Series of 1982,
Eugene L. Ot~s, Mayor
Attest:
ex officio city Cl erk-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, accurate, and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No. _____ , Series of 1982.
Gary R. H~gbee
-3-
•
I •
•
•
• •
BY AUTHORITY
ORDINANCE NO. ~
SERIES OF 198~ COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE DESCRIBING AND DEFINING OBSCENITY AND PROVIDING
C IRCUMSTANCES UNDER WHICH IT IS PROHIBITED AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interest of the City of Englewood to prohibit
the promotion of obscenity within the City; and
WHEREAS, the previous Obscenity Ordinance, Englewood
Municipal Code of '69, as amended, Sll-7-7, has been held to be
unconstitutionally vague by the Englewood Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1.
amended
11-7-7:
That Title XI of the E.M.c. '69, as amended, be hereby
OBSCENE MATERIALS, DEVICES, AND
PERFORMANCES: PROMOTION PROHIBITED
(a) Definitions. As used in this section, unless the
context otherwise requires:
1. "Material" means anything tangible that is capable
of being used or adapted to arouse interest, whether through
the medial of reading, observation, or sound, but does not
include an actual three-dimensional obscene device.
2. "Obscene devi ce" means a device such as a dildo
or artificial vagina, designed or marketed as use ful for he
stimulation of human genital organs .
3. "Performance" means a play , motion picture, dance,
or other exhibition performed before an audience.
4. "Obscene" means material or performance which:
a. the average p rson applying contemporary
community standards would find tha~ taken as a
whole, appeals to the prurient interest in sex;
b. depicts or describes in a patently offensive way:
( 1) erotic repr
acts, normal or p rv
including sexual int
bes iality, or
ntations of ultima s x
rt d, actual or simul t d,
rcours , sodomy, nd s xual
•
I •
-
•
•
• •
(2) erotic representations of masturbation,
excretory functions, sadism, masochism, lewd
exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or
arousal, covered male genitals in a discernibly
turgid state, or a device designed and marketed
as useful primarily for stimulation of the human
genital organs, and
c. taken as a whole, lacks serious literary,
artistic, political, or scientific value.
5. "Contemporary community standards" means state-wide
community standards as construed and applied by the finder
of fact, by reference to the average adult in the community as a whole.
6. "Patently offensive" means so offensive on its face
as to affront current community standards of decency.
7. "Promote" means to manufacture, issue, sell, give,
provide, lend, mail, deliver, transfer, transmit, publish,
distribute, circulate, disseminate, present, exhibit, or
advertise, or to offer or agree to do the same.
8. "Person" means any individual, corporation, associa-
tion, partnership, trustee, lessee, agent, or assignee.
9. "Knowingly" means having general knowledge of, or
reason to know, or a belief or reasonable ground for belief
which warrants further inspection or inquiry of the content
or character of material, device, or performance. A person
who promotes obscene material or devices or possesses the
same with intent to promote it in the course of his busin ess
is presum d to do so with knowledge of its content or charact r .
(b) Promoting obscene material, devices, and performanc s
prohibited. It is unlawful for any person knowingly to promote
or possess wi h intent o promote, any obscene material or devic ,
or to produce, pr sent, or direct ny obsc ne p rformanc or
p rticipate in a portion th reo that is obscen or that con-tributes to it obsc ni y.
(c) Sev r bility. If ny portion
by a court of comp tent jurisdiction to
rem ining provi ions re valid unless i
h v lid provisions ar o se nti lly
with the inv lid provisions tha to s v
out the 1 gisl iv inten in n c ing
-2-
•
th
cour tha
conn ct d
no carry I • •
-
•
•
•
•
• •
Section 2. That an emergency is hereby declared in that the
Englewood Municipal Court has found legislation relating to
obscene materials, devices and performance, unconstitutional and
the passage of this ordinance is necessary for the immediate health, safety and welfare of the public.
Introduced, read in full, and passed as amended on first reading on the 18th day of January, 1982.
Published as a Bill for an Ordinance, as amended, on the 20th day of January, 19 82.
Read by title and passed on final reading on the 1st day of February, 1982.
Published by title as Ordinance No.~, Series of 1982, on the Jrd day of February, 1 982.
Eugene L. Ot~s, 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, accurate, and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No.~, Series of 1982 •
Gary R. Higbee
-3-
•
I •
•
• •
7 E
BY AUTHORITY
ORDINANCE NO .
SERIES OF 198~2-----COUNCIL BILL NO. 1
INTRODUCEp BY COUNCIL
MEMBER / '-A BILL FOR
AN ORDINANCE EXEMPTING LIMITED GARAGE SALES FROM THE SALES AND USE
TAX ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SEC-
TION 38 TO ARTICLE 4, TITLE XIII, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The following Section 38 shall be added to Article 4
of T~tle XIII, Englewood Municipal Code of 1969:
13-4-38 (a) Definitions. As used in this Section, the
following terms shall have the meanings i ndicated:
(1) GARAGE SALE --Includes all sales entitled
"Garage Sale," "Lawn Sale," "Attic Sale,"
"Rummage Sale," or similar sale of tangible
persona l property which is advertised to the public at large.
(2) PERSON --Shall only include individuals
who own real property or maintain a lease
of real property where the sale is occurring
for a period not less than three (3 ) months prior to the sale.
(b) No Permit Required . P rsons holding a garage sale
for not more than three (3) consecutive days per
calendar year shall not be required to obtain a
sales tax lie ns provided the following provisions re met:
(1) the person has not p rticipat d in another
garage sal in th curr nt cal ndar year;
(2) nether gar q
location in th
(c) Signa. All p
adv rtiaing
provid d said
n a:
sal has not occurred at the
current calendar year.
rmitted to er ct sign
in public right-of-way
h following require-
•
I •
-
•
•
• •
(1) not exceed 18 inches x 18 inches;
(2) bear the name and address of the person
holding the garage sale and date of sale;
(3) is not placed on a traffic regulatory
device or municipal utility structure;
(4) does not obstruct traffic view or hinder
municipal operations;
It shall be prima facie evidence that the party
identified on the sign has placed the sign in
the public right-of-way.
(d) It shall be unlawful for any garage sale sign
to be posted more than three (3) days prior or
three (3) days after the garage sale.
Introduced, read in full and passed on first reading on the lst day of February, 1982.
Published as a Bill for an Ordinance on the 3rd day of February, 1982.
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 th above and
foregoing is a tru , accurat and complet copy of Bill for
an Ordin nc , i ntroduced, re d in full, and pass d on fir•t r ad-
i n g on th 1st day o f February, 1982.
Gary R.H1.gbe
-2-
•
I • •
ORDINANCE NO.
SERIES OF 198~2-----
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 1
INTRODUCED BY COU NCIL
MEMBER 7::;-?o C?._,
AN ORDINANCE EXEMPTING LIMITED GARAGE SALES FROM THE SALES AND USE
TAX ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SEC-
TION 38 TO ARTICLE 4, TITLE XIII, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The following Section 38 shall be added to Article 4
of T~tle XIII, Englewood Municipal Code of 1969:
13-4-38 {a) Definitions. As used in this Section, the
following terms shall have the meanings indicated :
{1) GARAGE SALE --Includes all sales entitled
"Garage Sale," "Lawn Sale," "Attic Sale,"
"Rummage Sale," or similar sale of tangible
personal property which is advertised to the public at large .
{2) PERSON --Shall only include individuals
who own real property or maintain a lease
of real property where the sale is occurring
for a period not less than three {3) months prior to the sale.
{b) No Permit Required. Persons holding a garage sale
for not more than three {3) consecutive days per
calendar year shall not be required to obtain a
sales tax license provided the following provisions are met:
{1) the person has not participat d in another
garage sale in the current cal ndar year;
{2) another garage sale has not occurred at the
location in the current calendar year.
(c) Signs. All persons are permitted to erect signs
dvertising a garage sale in public right-of-way
provided said signs me t th following r quir -m nta:
•
I • •
......
•
•
•
(1) not exceed 18 inches x 18 inches;
(2) bear the name and address of the person
holding the garage sale and date of sale;
(3) is not placed on a traffic regulatory
device or municipal utility structure;
(4) does not obstruct traffic view or hinder
municipal operations;
It shall be prima facie evidence that the party
identified on the sign has placed the sign in
the public right-of-way.
(d) It shall be unlawful for any garage sale sign
to be posted more than three (3) days prior or
three (3) days after the garage sale.
Introduced, read in full and passed on first reading on
the 1st day of February, 1982.
Published as a Bill for an Ordinance on the 3rd day of
February, 1982.
Attest: Eug ene L. Ot i s . Mayor
ex off~cio city Clerk-Treasurer
I, Ga ry R. Hig bee, ex officio City Cle r k-Treasurer o f the
City of Engl ewood, Colorado , h ereby certify t hat the abov e a nd
foregoi n g is a true , accurate a n d complete copy of a Bill for
an Ordi n a n ce , introduced , read in full, and passed on first read-
ing on the 1st day of February, 1982.
Gary R.Higbee
-2-
•
I • •
•
•
• •
? F
BY AUTHORITY
ORDINANCE NO.
SERIES OF 198~1-----
A BILL FOR
COUNCIL BILL NO. 7
INTRODUCgp BY COUNCIL
MEMBER ...... ::1--<L.._
AN ORDINANCE ADDING SECTION ll-6-27 TO THE ENGLEWOOD MUNICIPAL CODE
OF '69 PROHIBITING URINATING IN PUBLIC.
WHEREAS, the City of Englewood desires to promote and enhance
the health, safety, and welfare of its citizens; and
WHEREAS, certain unsanitary acts are contrary to the public
health and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Title XI of the E.M.C. '69 be amended to include
a new section as follows:
11-6-27 URINATING IN PUBLIC
It is unlawful for any person to urinate or defecate
in any public place with' .. the City. "Public place" shall
mean any place to which the general public has access,
excluding, however, any public or common-use restroom
facility.
lst Introduced, read in full , and passed on first reading on the
_____ day of February , 1982.
Published as a 81ll or an Ordinance on the~day o
February , 1982.
Att s is, May or
x officio ci
•
I .
-
•
•
•
•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the foregoing
1s a true, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 1st
day of February, 1982.
Gary R. H1gbee
•
I •
-
-
•
ORDINANCE NO.
SERIES OF 198~1-----
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBE~ G~~
AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE
OF '69 PROHIBITING URINATING IN PUBLIC.
WHEREAS, the City of Englewood desires to promote and enhance
the health, safety, and welfare of its citizens; and
WHEREAS, certain unsanitary acts are contrary to the public health and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Title XI of the E.M.C. '69 be amended to include a new section as follows:
11-6-27 URINATING IN PUBLIC
It is unlawful for any. person to urinate or defecate
in any public place withAthe City. "Public place" shall
mean any place to which the general public has access,
excluding, however, any public or common-use restroom facility.
lst Introduced, read in full, and passed on first reading on the _____ day of February , 1982 .
Published as a Bill for an Ordinance on the~da y of
February , 1 982.
Attest: Eugene L. Otis, Mayor
x officio city Cl rk-Treasur r
•
I •
• -
• •
RI TY
• •
7 G .
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER~
L 'WOO D MUNICIPAL CODE OF
2 RELA TING TO NUDE
G AN EMERGENCY.
o, licenses establish-
Enq lewood i s con-
ces in e stab-
•1 VlO
t1on on sexual
st way to
o .... the City .
OF THE
'69
quor
s:
p b
1n ~n or upon th
public vi w ny portion
I • •
•
ORDINANCE NO.
SERIES OF 198'1--
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBE~-£~
AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE
OF '69 PROHIBITING URINATING IN PUBLIC.
WHEREAS, the City of Englewood desires to promote and enhance
the health, safety, and welfare of its citizens; and
WHEREAS, certain unsanitary acts are contrary to the public
health and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Title XI of the E.M.C. '69 be amended to include
a new section as follows :
11-6-27 URINATING IN PUBLIC
It is unlawful for any person to urinate or defecate
in any public place with}\the City. "Public place" shall
mean any place to which the general public has access,
excluding, however, any public or common-use restroom
facility.
lst Introduced, read in full, and passed on first r ading on the
_____ day of February , 1982.
Published as a Bill for an Ordinance on he~da y o
February , 1982.
Eu
At es
x officio city
•
I • •
-
•
•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
~ity of Englewood, Colorado, hereby certify that the foregoing
~s a true, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 1st
day of February, 1982.
Gary R. Higbee
•
I • •
•
•
• •
'1 G
BY AUTHORITY
ORDINANCE NO.
SERIES OF 198~ COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER~--~~----A BILL FOR
AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF
'69 TO INCLUDE A NEW SECTION 13 TO CHAPTER 2, RELATING TO NUDE
DANCING AND UNLAWFUL LEWD ACTS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Englewood, Colorado, licenses establish-ments to sell liquor; and
WHEREAS, the City Council of the City of Englewood is con-
cerned about the effect of certain sexual performances in estab-lishments where liquor is served; and
WHEREAS, the City Council feels that a prohibition on sexual
performances in liquor-licensed establishments is the best way to
ensure the health, safety, and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Title XI of the Englewood Municipal Code of '69 be amended to include a new section as follows:
11-2-13: UNLAWFUL LEWD ACTS, NUDE DANCING
(a} It shall be unlawful for any establishment holding a liquor
license under the laws of the State of Colorado and the City of
Englewood to permit the following conduct on the licensed premises:
(1} the performance of acts, or simulated acts,
of sexual intercourse, masturbation, sodomy, bestiality,
oral copulation, flagellation, or any sexual acts which are prohibited by law;
(2} the actual or simulated touching, caressing or
fondling of the breast, buttocks, anus, or genitals;
(3} the actual or simulated displaying of the pubic hair, anus, vulva, or genitals;
(4} any actu 1 or simulated dance which violates section (1) through (3) above;
(5) permitting any per on to remain in or upon the
lie ns d premises wh o exposes to public view any portion of his or her g nitals or anus.
•
I • •
-
•
•
------...
•
• •
(b) The above prohibitions shall include any film or pictures
depicting acts a live performance of which would be prohibited by section (a) above.
Section 2. That an emergency is hereby declared in that the
Englewood Municipal Court has found legislation relating to obscene
performances unconstitutional and the passage of this ordinance is
necessary for the immediate health, safety, and welfare of the public.
Introduced, read in full, and passed on first reading on the 1st day of February, 1982.
Published as a Bill for an Ordinance on the 3rd day of February, 1982.
Attest:
Eugene L. Ot~s, 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, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 1st day of February, 1982.
Gary R. Higbee
-2-
•
I .
•
ORO INANCE NO.
SERIES OF 198~
•
• -
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER ~&a/.,1/za .u J
AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD
AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM.
WHEREAS, after audit of the City of Englewood's Community
Development Block Grant Program, it was determi ned by HUD that
the City of Englewood does not have sufficient authority for a lump sum drawdown; and
WHEREAS, HUD, the City, the Englewood Housing Author ity ,
and Continental National Bank -First Interstate Bank of
Englewood have come to a common understanding concerning "lump sum drawdowns"; and
WHEREAS, by Ordinance No. 33, Series of 1981 , an agreement
currently exists concerning this general matter and it is the
desire of the parties to amend said agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood agrees to amend an agree-
ment w~th the Hou sing Authority titled "An Agreement Between The
City of Englewood And The Englewood Housing Authority Regarding
The Policies Governing The Housing Rehabilitation Loan And Grant
Program Of The Englewood Housin g Authority" con~isting of eight
(8) typewritten pages, attached hereto and incorporated herein by
reference, Said agreement is amended as follows:
Page 1.
1. The Authority, through its personnel, or the
personnel of the City, with the approval of the City
Manag r, shall be responsible for the execution of the
Housing Rehabilitation Loan and Grant Program, herein
called "the Program", in accordance with Community
Development Block Grant (CDBG) regulations.
The Englewood Hous i ng Authority (EHA) shall
turn ov r any unused CDBG funds to the City at the end
of the agreement or if HU D demands the money in
ccordanc with CFR 2 4 , 570.9lO(b). (Attachment A)
•
I •
•
•
• •
Section 2. That al l o rdinances and resolutions in con f l i ct
w1th the fore g oing are hereby r epealed and expressly repealed
are all prior Rehabilitation Loan/Grant Program Agreements.
Section 3. The City Manager is authorized to execute thos e
documents necessary to carry out this ordinance.
Section 4. The City Council of the City of Englewood, Colora do,
hereby authorizes the Mayor of the City of Englewood, Colo rado , t o
subscribe his name to said Agreement for and in behalf o f the
Ci ty Council and the City of Englewood, Colorado, and that the
Director of Finance, ex officio City Clerk-Treasurer, attest t h e same.
Section 5. An emergency is hereby declared requi ring i mme di ate
passage of this ordinance by reason of need to repair substandard
h o using by issuing loans and grants to citizens of the City of
En g lewood in target areas meeting the requirements of the p rog ram.
Introduced, r ead in f ull, and passe d on f irst rea din g o n the 1 st day of February, 1982.
Published as a Bill f o r an Ordinance on the 3rd day o f February, 1982.
Attest: Eugene L. Ot i s, May o r
ex officio ci t y Clerk-Treasurer
I, Gary R. Higbee, ex officio City Cl rk-Treasurer of th
Ci ty of Englewood, Colorado, h reby c rtify that the abov and
for going is tru , accurat , nd compl t copy of a Bill for
an Ordinanc , introduc d, r ad in full, n d p ss d on first
reading on th lat day of F bru ry, 1 98 2.
Gary R . Higbe
-2-
•
I •
•
•
• •
AN AGREEMENT BETWEEN THE CITY OF ENGLEWooD AND THE ENGLEWOOD HOUSING AUTHORITY
REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY.
The City and the Authority agree as follows:
1. Th e Authority, through ita personnel, or the personnel of the
City, with the approval of the City Manager, shall be responsible for the
execution of the Housing Rehabilitation Loan and Grant Program, herein called
the Program, in accordance with Community Development Block Grant (CDBG) regulations.
The Englewood Housina Authority (EHA) shall turn over any
unused CDBG funds to the City at the end of the agreement or if HUD demands
the money in accordance with CFI 24, 570.910(b). (Attachment A)
2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Authority.
3. Upon receipt of an application, the Authority shall cause an
inspection to be made of the applicant's residence and, if deemed necessary, shall:
ll/13/81
a. Cause a detailed list and explanation to be made of
all actions and work required to eliminate or repair
the conditions of the residence which make it sub-standard.
b. Cause an estimate of the cost of such repairs to be made.
c. Obtain sufficient docu.entation that the applicant had
good title to said residence.
d. Hake an eati .. te of the value of the applicant's equity in said residence.
e. Prepare and verify a social and economic profile of the
applicant vhich shall include: family composition,
family income, place of e.plor-ent, if any, of all family ~era, approximate date of purchase of residence, and
existing indebtedness secured by said residence .
f. Prepare preliainary analysis of applicant's ability
to repay any funds .. de available to applicant under the proaraa.
•
I •
•
•
• •
AN AGREEMENT BETWEEN THE CITY OF ENGLEWOoD AND THE ENGLEWOOD HOUSING AUTHORITY
REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY.
The City and the Authority agree as follows:
1. The Authority, through its personnel, or the personnel of the
City, with the approval of the City Manager, shall be responsible for the
execution of the Housing Rehabilitation Loan and Grant Program, herein called
the Program, in accordance with Co-.unity Development Block Grant (CDBG) regulations.
The Englewood Housing Authority (EHA) shall turn over any
unused CDBG funds to the City at the end of the agreement or if HUD demands
the money in accordance with CFR 24, 570.910(b). (Attachment A)
2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Authority.
3. Upon receipt of an application, the Authority shall cause an
inspection to be made of tbe applicant's residence and, if deemed necessary, shall:
a. Cause a detailed list and explanation to be made of
all actions and work required to eliminate or repair
the conditions of the residence which make it sub-standard.
b. Cause an estimate of the cost of such repairs to be made.
c. Obtain sufficient documentation that the applicant had
good title to said residence.
d. Hake an esti .. te of the value of the applicant's equity in said residence.
e. Prepare and verify a social and economic profile of the
applicant which shall include: family coaposition,
family inco.e, place of e~loyment, if any, of all family ~mbers, approxi .. te date of purchase of residence, and
existing indebtedness secured by said residenc •
f. Prepare a preliainary analysis of applicant's ability
to repay any funds .. de available to applicant under the prograa.
4. ~ .!..!!!. !reparation ~ ~ reports .!!!!:!_ analyses requir d .!!l:: !!!!!_
.!JreeMnt, ~!I! anroviol ~ ud/or arant Bpj)licaUons, !!!! following
,eolicies .!!!!!.!. .!U.!l:.!,!!! ~ follO'IMd ~!.!!! Authoritl:
ll/13/81
•
I •
-
•
• •
•
•
• •
.l,r.;a·,~: a n cl r/r.:tnt~ a1:e mode available f o r the purpose of
pc rroanent .i mprovements, additions, or other housing
H.!hu biJ.i tat .i on i:tnd may only be used for:
11 . f!epc;i r:·; i:tll<l i mp r oveu-.ents to meet City Code Standard::;.
G. Bne r yy con~ervation iruprovements.
c.:. Elimination of incipien·t violations of the City Code.
D. General p:coperty imp.t·ovemen ts.
J:J.. ~..!J-9.i b~]._i_!:.t !~ !-~-
1\, l~.l.i9 .ible Ho.rrowers. l.oans shall be made on ly to n~t urii'l per-sonswllo own the propt:rty on which the
lmprovt=ments will be ruade.
B. Bl.igib_~. ~ropcrties. Loans shall be made only for
residential properties containing four dwelling
units or less located in the City of Englewood.
~i ~. Eligibility~ Grants .
~-~~i g~~le ~~~· Grants shall be made only to
naturul persons who own and reside in the property on
11hich tht! improvements will be made. Grantees mus t
meet the then current income eligibility limits for
the IIUD Section 8 income limits for subsidized housing .
11. Jn i q i bl e Properties. Grants shall be made only for
i.=t::sfderitj aY'P'i-oPE!rt'ies located in priority n oighbor-lloocl~; listed i n thn ilgrccmcnt .
1'1. i'JJt>L'J.Lie:~.
11. !;,.1"''-"' r•,·irJ,·itiC'r;. 'J'n be.! upprnvcd , an applicutjon mu:;L
wcuL · .111 oLher "ui:Jpll.cc.~ld.c pol.icic~:; and revruscnt Lhr<.:u
C 3) prion.ty points, computed a~; follows (income is
computed by using then-current HUO guidelines):
(I ) V~ o:y l O'V/ 1.1\C::Ofl.o
( :~) l,rJw inco•nu
( 3) 1• J.' J or i t.y J•c ic:,hbochood
(4) ~ligiblc inve~tor (Se Xl (~) Owner occupjcd
(6) J~J<I~.:cly
Point&
3
3
3
1
1
1
11 . l'llr)J'I(y Jd,,hhol 'l uod .• : l1 ollowing ure the pr1o.dty u rd .<jhl;ot·foot)(IU ·. -· • ··
(1) Al d L: ,~o nL1r rotiid ntiul ur d Jn
Nonhwest Enql Wood IJvund d on th north uy
I ht• IWIJn!l/Arlri tjc •lJ y, Oil tht-Oi11Jt by
2-
•
I •
•
•
--------. -=..._...:..,
I
®
•
/
/·
•
• •
,-·--------------=::::..:=:..:::::..=_ ___ ~=~--
Sout,;, 'l'e )Ol , Street, on the south by Wes t: Vass ar
Avenue , and on the west by South Zunj, Stree t.
(2) Ari:!a 2: l:l.::.ginning at the intersection of West
Yale Avem.u::: with the B·roadway/Acoma alley,
·thence •11est alouq West Yale Avenue to the
llelaware /t·!l clti alley, thence south along the
Delaware/Elati alley to West Bates Avenue,
thence west along West Bates Avenue to the
Elati/Pox alley, thence south along the Elati/Pox
al l ey to West Cornell Avenue, thence west ulon0
West Cornell Avenue to the Galapago/Huron alley,
thence south along the Galapago/Huron alley to
West Dartmouth Avenue, thence east along West
Dr..rt mouth l\venue to the Broadway/Acoma alley,
thence north along the Broadway/Acoma alley to the point of beginning.
(3) Area 3: Beginning at the intersection of East
Yale Avenue with the Lincoln/Sherman alley,
thence weat along East Yale Avenue to the
Broadway/Lincoln alley, thence south along the
Broadway/Lincoln alley to East Eastman Avenue,
thence east along East Eastmen Avenue to the
Sherman/Grant alley, thence north along the
Sher11ean/Grant alley to East Cornell Avenue,
thence ~ast along East Cornell Avenue to the
Grant/Logan alley, thence north along the Grant/
Logan alley to East Amherst Avenue , thence wes t
along East Amherst Avenue to the Lincoln/
She rman alley, thence north along the Lincoln/
Sherma n alley to the point of beginning.
(4) Ar~a 4: An area bounded on the north by West
Mdn sfic ld Avenue, on the east by the Uroadway/
A<.:CJma alley, on the south by Weat Oxford Avenue
.,.,., on the west by the EliJti /Pox alley.
(5) Area 5: Beginning at the intersection of Rast
Munsfield Avenue with the Sherman/Grdnt ~lley,
thence we st along East Mansfield Avenue to the
lJroddway/LincoJn lley, thence south along the llro<~ci way/r.inc otn alley to East Princeton Avcnu ,
Llu:ucc c~ar;L ••lony l.::ulit: Princeton J\vcnuo Lo Soutla
Grant Street, thenc north alonq South Grant
Strce L to East Oxford Avenue, thence wast along
l.:!.l:; t Oxford 1\vonuo to thu Shortnan/Graut ullcy,
t:hcn<.:c north along the Shernwn/G.cant <.~l .L cy to Lhe point of beginning .
-J-
•
I •
-
•
•
•
•
• •
.... ----------~
( 6} Ar~a 6 : An a:c;:;a bo1.1nded on i:he north by \<'lest
Un i on i\vnue, on the east by the nroad'-Tay /Ac om a
a l ley, on the south by West Layton Avenue and
on the west by South Huron Street.
C . Ch_:Sc:>-~_'?}:?.9_i~~-~-E_r._io:.:.:~Y· Upon receipt of an ctj?plicc..tion
'-'J .. tg .tbJ.c t or. a loan and/or grant pursuant to ,t V .A.,
l:he sl:af f Shull noi.:..i..fy the Authority, and the Autho:ciLy
shall earmark (but not appropriate) funds in the amount
applied fo~ until the application is acted upon or
withdrawn. All such applications shall be acted upon
in the same order in which they have been received.
v. Prio~~ EEE Us~ of~ and/or~~-
W.i Lh.in each app l ic:a~ion further priorities are hereby iden~ified to determine the amount of the loan usable for
each purpose: first priority -funds required to bring
property to City Code Standards; second priority -funds
for energy conservation improvements; third priority -
funds to cure incipient violations of the Code; fourth
priority -general property improvements.
'1 1 . L0au J,lmi ts.
II. Mon e tar-(. r.oan Limits. 'fhe following monetary lim.i ·ts ..,Tll.-aj~,)J.y ·;--<i::Imit"ii will be reviewed annually by Lhe Authority}
()) $15 ,000 per dwelling unit.
{2) $40,000 per borrower.
n. J ·-~-"~~:.l::o; 1\,_.:;c~! ~!~. !'PP..E_.:t _i _s_a .1.. Notwithstanding the above,
a loan sec ured uy a first deed of trust shc.&ll not
exceed 90~ of the appraisal value of the property as
determined by a qualified appraiser. If the loan
is secured by a second deed of trust, the total of
t lw f i rst loan and the property rehabilitat ion loan :~1\. l l 11 o t exceed 90'!. of the appraised value of the
:rop e~Ly a s determin~d by a qualified appraiser.
V J 1 • (;rauL Limi i:b. ·----
N.o;:J ~om m qrnnl tnount s h a l.L be $15,000 por Gran t e e.
'I I f 1 • f . I f'll';.
A. J.ou u r. wt lJ. b e: s..::c;urcd by a first o1.· second dco d u f
L.cu:.t; uu thjrd liens wJ.ll be approved.
-4 -
•
I • •
-
•
•
•
•
• •
... ___ , -·----~
1:. t' ·:u p '~ rty imp r ov ·~c'l by a g1 :an t shall be secured with a
J.ic:a t hereon. :::ihould said property be sold, convv yed, ';·,·w :;fe r .~:ed o c delivered, repayment of the g·rant shall
he HlrHle as f.o l.lows:
( L) r~L-..lliL e.., r;h <.tl l rcpc1y 100 ~ of the grant should the
~jroperty ue sold,. cvnveyed, transferred or d c:liv<.:red
d nring the first twelve-months, inclusive, after
signing of" the Grant Agreement.
(:~) Grantee sh..1ll repay 80~ of the grant should the
property be sold, conveyed, transferred or delivered
during the following period of time: 13th through
24th month after signing of the Grant Agreement.
(]) Grantee shall repay 60~ of the grant should the
property be sold, conveyed, transferred or delivered
during the following period of time: 25th through
36th month after signing of the Grant Agreement.
(4) Grantee shall repay 40' of the grant should the property
be sold, conveyed, transferred or delivered during ··the
following period to time: 37th through the 48th month
after signing of the Grant Agreement •
(!J) C J:a lltt ~c~ ,;h t lll rcp..1y 20~ of the grant should the
property ue sold, conveyed, transferred or delivered
during the following period: 49th through 60th
month after signing of the Grant Agreement.
(6) Grantee shall not be :r:equired to repay the grant should
r he r>roperty be sold, conveyed, transferred or delivcrc:d
Collowi n q t h l: 6 0th month after signing of the Gr<.~nt
11 9 rc<.:mc:n L.
ncpaymenL shul l be r~tad e t o the Progrcun account .
))'. Crc:dlt FC'CtO.i.'l> for Loan. -·------------
f\. /l bi 1 j ty to J>a:y:. All cred i t decis ions s h 1 1 b e b a s ed
on fy-on th~applicauL 's ability to repay the lO<Ul.
/'H;t.ion 0n loans sha J l not be based on, or influenct:!d
hy, the rt1r.e , cl:'eed, color, national original, nwrita l
status, ~ex ~c a ge ot th applicant.
JJ. t~ur rn al na l c I.o..a n 3 . 'fhe normal interest rat ~ shall b e
·tl ua.J\\itho·irt y ;-s-cu :c rent borrowing rate for funds for
property reh bili ta l:io n purposes, plus a ll service
11nrl nrlmi n ist:r ti v e f ee .
-5-
•
I • •
•
•
•
•
• •
t:-I .cr;o 'l'hw1 HrJ ::'JM~]. Hd::.-:: J:,oru-.. If tbo: applic:.:tnt .i~; .1
· .. Tow-· l.ncome•;-or-"very iow --incoute" p•~rson pursmtnt to P./.~ •• , and the <'<i>Plication mec·ts all other policies
ut,d, in th~ up:i.rd.on of the Au·tbority, tile applicant
c ould repay the loan applied .for but not th~ loan t!nd
i:he no r ~a1aJ. interest, the Authority may appro"·e ·the
l.oan .:l\: less than d1e normal interest rate.
:•.o<"tH: cov~rinq p:coper·t:i' where the owne1.· is not "' n.::;:i.c.Jent
uf .:h\:: p1.·opert::: aht~ll be.! issued only upon satisfactory
showing that hia or hf=l." applicatio n for a loan, which is
::;ubs:;antially siaila1.· in terms of purpose and principal
.::.r.1.::11111 L to the property rehabilitation loan applied £or,
l ,dl; been rejecleu by two qualified financial institutions
wJ1ic:J, r egularly u&&ke improvement or real estate loans.
If the application is approved, the owner shall agree
L•> ,~ntcr into a contract with the Authority to keep r.::nts
wjthin the reach of low and moderate income familie~ and/or
make the property eligible for Federal Section 8 Housing
Assistance Payments. Loans for the purposes set forth in
.c .O., l:o ilbsentee owners of rental property shall b<::
limited to 30 percent of the total of the loan approve::d
i."oL· the pucpo :;es set forth in I .A., D., and C .
,.,r.., .. :k done '"'i.u·, the proceeds of the loan or combinatiol• loun
.mrl <Jrant s hall be accomplished by either the owner or .:~
lil.:e used contractor. Work done with 100ft grant funds :;hall
IH! <~cco mplished by a licensed contractor.
Ht:(Jd')'mcn t tcnns shall not exceed 20 years. Loans shc.ll I"~ n:pnyal>l<: 1n L!qual i nstallments of principal .md int<.:l.'e:;.t
duu vn or before the fifth of each month.
'•. ·•·1 .. /I IILIIoci.ty sh ... lJ Lht!u <.:>.Hudn and evaluate
i '•'I «'• ;.,.,. ~~~~ h all r~ports ••nd findings required by p
:, h<.:J<.tJJ, dud eillu::r approve, reject, or modify and
.opplj,: .. Linu . 'l'h\! dccil:;ion of the Authority shall be
,jllrJilh j 1Jfl0l) the ppJjcdnt.
-G-
•
tho upplic:ution,
rat)raphs 5 ilncl
pprov<:: such
final dnd
I •
•
•
•
•
• •
r.. 'L'i•<': l'.nt.h ority [,hall require any Llu~ 1 •111d:-.: b():crowed lll"~''-!:' t:.hi:; progra1n.
i...i.o';" J.'c:cc.:::i. vi.ng a no-in-terest. 1 oan 1nay
hl'-'!1 i•cct.c, o f .i.:c.:payment:
applicant to 1.·cpay all of
Elderly applicr.mts c.md
select one of the following
.t. 'i'i1n,~ payllient& JiladF~ on a monthly, quari::~rly, O:L'
dllllU<.t.l. h...t~ls .
.!...!. • 1-'ull repayment shall become clue upon ·i:he :;ale and/or
conveyance of pj;'operi:y or upon removal oi the appli-
<:ani.. from the real property .
.!..:u:. 'l'he enth·e <&lROunt of the rehabilitation loan shall f<.~ll
due and payable as a claim against tho: estate of the
applicant and shall become a lien on the real property
of the :;aid appl.i.caut upon his or her demjsc.
lV. 'l'he Authority shall apply administrative guidelines
to .insure that the loan is protected by a lien on the
real property, depending upon the way in which the
property is titled.
7. All funds repaid by applicants shall be Uliled only for
si.mil<JJ: loans or grants of housing rehabilitation assistance to
applicants approved by the Authori_ty.
U . 'l't.e lmthod ty shall app1:ove all loans and/or grants under
U,j c: "' <J9C<~h1 by appropriate action when satisfactory evidera<:e or
Lhe f o l lowing has hec~n subn:itted to the Authority:
I. J\ppl..i.;,ulL ltas yuou t.i Llc to the residence.
l.l. 1.o,·ut <lf.lt'J . .icc~nL~ shall have sufficient t:!quity thur...,.iu to justify sajd loan.
r I l. 1\ppliCMIL Ita~ eutered into ci written contract on
forrns to be approved by the Authority with a pcr:.on
or entity qualified to perform and COlllplete repairs r~~uircd to rehabilii..ate the rusidence.
IV . 'l'hat said residence,after rehabilitation and rC:!pairs,
will be Jnd.intaiu~d in a satisfactory manner.
'' t::J:cupl t<n: tHo uryun~:y luc1ns and/or grants, ll1dL tiH.:
(lpplic:ctnt c1oes not have an outstanding hous ing
l.'t:h<tb ili Lcttlon loan <~nd/or qr nt under the }Jrog.cclol
lu·, <~b y c~.l c~bl ishcuJ .
VJ. r.oRtl ''tJflJ i ~:ant:.~ should prov n ability Lo .:<:p uy thCJ loan.
''. '' 1 l fii:J 'M>" :. •J•Hl ~.:n L-' L L~.::; •HI t r.infl in Lo con l:r.t c l o Wl Lla
•'J "''·'·"d:. lor L (l 1ru and r•hc:~b ilitation of any substandard
n .", 1 d.•l•cu :..h <t ll tJ 1 uq u !. pporLunity omployer nd &h<~ll c:o 1 y
"'"• •II ·•PP IH ·,,fiJ , l·',.<lqr-, ), C'it •t h lld St tc codes, SliiLULN. und 'II d t UdltC:t._t
-7 -
•
I •
-
•
•
• •
10 . 'l'he Authority shall generc.lly supervise all repair and
rehabilitati on con~truction and shall author ize payment for same
when substantially performed in accordance with the construction
contra.ct entered into by applicant and approved by Authority.
1 1. The Authori~y may ~atabliah those accow1ts and al l ocate
t hose funds necessary to fulfill the provisions of this agreement.
12 . The Authority shall prepare administrative procedure :; t o i mplen~ent the intent of this contract.
13. The Authority shall submit an annual report to the City
Council regarding the performance of the program.
14. This Aqree .. nt shall be binding upon the parties hereto
and their successors.
15. This Agreement supersedes and replaces all other agree-
me nt s between the parties relating to the program.
IN WITNESS WHEREOF, this Agreement has been executed at
Englewood, Colorado, this day of , 1981.
Attest:
Gary n. Higbee, Director of
Finance, ex officio City
Clerk-Treasurer
Approved as to Form:
iuck DeW~tt, C~ty Attorney
Attest:
Frances Buck Jonas
Exec ut i ve Director
-a-
CITY OF ENGLEWOOD, COLORADO
a Municipal Corporat ion
ENGLEWOOD HOUSING AUTHORITY
--
•
I .
r
•
COUNCIL
DATE
January 26, 1982
•
• •
C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT
Revised
Housin Englewood
INITIATED BY COIWpunjty Dcvclopmcpt pirc ct pr .]pd Assistant Director -l!o u sf gg
ACTION PROPOSED Adoption of Bill for Ordinance amending the Agreement betweep
the Englewood Housing Auth ority and the City of EnglewJod .
BACKGROUND:
In a recent HUD audit of the CDBG program, a problem was pointed out that needs to
be corrected. The problem relates to the requirements for the usc of Federal funds.
The Federal regulations usually require that federal funds arc only allocated on a
reimbursement basis. Therefore, after the City or the Englewood Housing Authority
spends the CDBG funds, we submit a request for reimbursement from our line of credit
with HUD. One instance when this rule 1s waived i s wh en a housing rehabilitation
program involves a private lending institution which requires some typ e of guarantee
on the loans. Our arrangement for the housing t ·e hab program through First Interstate
Bank requires that a reserve account be established as a guarantee of the loans which
are made by the bank through the Englewood Housing Authority housing rehab agreement .
In order to create the reserve account up-front, it was necessary to requisition funds
from !IUD for this purpose. Apparently, !IUD require me nt>, :.tate that IIUU will only
allow this if a "lump sum drawdown" agreement existb , and is approved by HUD. We did
not have such an agreement at the time $35,000 was drawn down from our line of credit.
Therefore, there ar several changes that have to be made in order to comply with
F deral regulations. These changes include the following:
1. Am ndment to City and Englewood Hou sing Auth rity housing rehabilitation pro-
gram agr ement to reflect th specific referen es to Federal regulations as
required by HUD. (Approv d by Englewood Housing Authority at their November
111 eting.)
2. Am nd111 nt to gr ment b tween Englewood Houaiing Authority nd Bank for loan
program. (A pprov d by Englewood Hou sing Authority nd Bank.)
3. Sub ittal of c rtific tion to HUD th t th Bank loan agreement m ts specified
r gulationa.
4. Sub•itt 1 of atat
at nd rda. nt from City 11 to how 8 nk loan greement m Lll IIUD approval
Copi a of th it refarr d to are att ch d, nd h v b n r vi w d by the City Attorn
•
I •
-
•
•
• •
RECOMMENDATIO N:
It is recommended that the City Co uncil adopt the bill for ordinance amcnuing Lhc
agreement between the Englewood Housing Authority and the City, and to authorize
the City Manager to sign the certification statements to IIUD.
SUGGESTED ACTION:
l'«lVED IY ____________ _
SECOND·----------------
YES NO. ________ ABSENT ____________________________ ___
•
I • •
•
• •
·-~-----··· ·---·-------····--------
AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AU"l"HOlU"l"Y
REGARDING THE POLICIES GOVERNING THE HOUSING REiiAlliLI'l"ATION LOAN AND GRANT
PROGHAM OF TUE ~GLEWOOU HOUSING AU"l"IIORITY.
The City and the AuthoriLy a~;rcc a:; follow:;;
1. The Authority, through its personnel, or the personnel of the
City, with the approval of the City Manager, ~>hall be rc:;pon~;;ible for Lhc
execution of the Hou11ing Rehabilitation Loan .and Grant Program, herein called
the Program, in accordance with Community Development Block Grant (CDBG) regulations.
The Englewood Housing Authority (EllA) shall turn over any
unused CDBG funds to the City at the end of the agreement or if HUD demands
the money in accordance with CFR 24, 570.910(b). (Attachment A)
2. Application .for assistance shall be first subwittto<..l Lo and appruveu
by the Authority under procedures adopted by the Authority.
3. Upon receipt of an application, the Authority shall cause an
inspection to be made of the applicant's residence and, if deemed necessary, shall:
11/13/ 1
a. Cause a detailed list and explanation Lo be mauc of
all actions and work required to eliminate or repair
the conditions of the residence which make it sub-standar<.J.
b. Cause an estimate of the cost of such repairs to be ma<.Je.
c. Obtain sufficient documentation that the applicant had
good title to said residence.
d. Make an ~>timatc of the value of the applicant's e<JUiLy in said residence.
e. Prepar nd verify a social and economic profile of the
applicant which shall includ : family composition,
family inco , place of employment, if ny, of all family
members, pproximate date of purchas~ of re idenc , nd
xiating i ndebtedn •• secur d by s aid r 1 dence.
!. pr limin ry
ny fun<l a. mAd
nalya a. of
v il bl ppl c n t 'a a b il Ly
to appl can t und r t h e
•
I .
-
•
•
• •
IN WITNESS WHEREOf, this Agreement has been executed ac Engl~wood,
Colorado, this 18th day of November , 1981.
Attt!:~t:
Gary R. Higbee, Director of
Finance, ex officio City
Clerlt-Treaaurer
Approved as to Form:
Rick DeWitt, City Attorney
At teat:
I'ranceli Buck Jonaa~
Executive Director
CI'L'Y 01' ENGLEWOOD , COLORADO
a Municipal Corporation
By --~--~~~~~------------Eugene L. Ocl~. Mayor
ENGLEWOOD HOUSING AUTHORITY
By -=~--~~~----~~---------Thoma& J. Burns, Chairman
•
I • •
-
•
•
•
• •
BANK AGREEMENT ADDENDUM
l. The Englewood Housing Authority (EllA) will make all loans involving CDBC
funds subject to CDBG regulations.
2. Addition to Section 19 of Agreement:
The Banks agree to allow for inspection of Books
and Recorda that pertain to this Agreement by the
Comptroller General or any authorized representa-
tive of HUD. HUD will adhere to the rules and
regulations of the Privacy Act.
3. Addition to Section 20 of Agreement:
The parties understand that any a~ndments and
modifications will require HUD approval.
4. New section:
All teras and conditions of the Agreement are
subject to provisions governing Lump Sum Draw-
downs for Property Rehabilitation 1570.513 of
HUD regulations on Co.-unity Development Block
Grants (CDBC) 24 CFR Part 570 which are incorpo-
rated herein by this reference.
5. New section:
Both parties agree that the first loan will be
made within 45 days of date of deposit.
6. The EHA reserves the right to withdraw from the Rehabilitation Fund
any unobli&ated CDBC a~unts required by HUD in the exercise of
corrective or re.edial actions authorized under §570.910(b) of the
CDBG regulations.
7. The interest aained froa the Delinqu ncy Reserve Account and the Deficiency
Reserve Account will be ta1aeted back into the EHA's Housing Rehabilitation
Prograa in accordance vith CFl S570 .513(&) unless required to replenish
the r aerv account in accordance with Sectio~ 17 of the Agree.ent.
B. Addition to S ctiona 13 and 16 of the Aareeaent:
Exccwa bulan r turn d to th EHA will b
targeted back into the Housin Rehabilitation
Proaraa in accordance vith CFR 1570.513(f) •
•
I • •
-
•
•
• •
"'~------_,....i><fi><f,,.,., .· ...... -
Dated this -----day of ---------• 19 __ •
Attest :
Executive Director
Attest:
-2-
HOUSING AUTHORITY OF THE
CITY OF ENGLEWOOD
By ------=~~--------------Chairman
CONTINENTAL NATIONAL BANK
(FIRST INTERSTATE BANK OF
ENGLEWOOD)
President
•
I .
•
•
• •
City of Englewood
CITY OF EMCLBWOOD
LUMP SUM DUWOOWN
STANDAIDS STATEMENT
3400 S . Elali Slreel
Englewood, Colorado 10110
Phone (303) 711-1140
On behalf of the City of En&lewood, I w~nt to at~te the reaaona why the A~ree.ent
between the Bouaina Authority of the City of En&lewood and the Continental Nation~l
Bank .. eta the RUD approval atandarda aet forth in paraaraph (i), Section 570.513, 24 en.
570.513(i) (1)
The funda deposited in the Delinquency and Deficiency Reaerva 4ccounta will lever-•&• $350,000 froa a conaortiua of banka made up of Continental National Bank
(now Firat Interatata). Firat National Bank. Republic National lank, Coaaunity
Bank and Truat, an aaount substantially in exceaa of the lu~ sua dravdown at
a below aarket intereat rate of 9%.
570.513(i) (2)
The Continental Mational (Firat Interatata) Bank will pay aarket rate intereat
on the reaarva funda depoaited in Certificates of Deposit. The City certifies
that the coaait .. nt under the aar .... nt pureuant to paraaraph (i)(l) providee
a sisnificant benefit aeetin& the needa of ita rehabilitation objective• con-
sistent with ita CDBC application. (See attached Certificaticn)
570.513(1)(3)(i)
The aaount of fUDda drawn down ($35.000) will no · exceed an aaount reaaonably
expected to be needed for the period of the aareeaont. The total aaount of
CDBG funda plua the $350.000 leveraaed by the drawdown are eetiaated to reha-
bilitate 51 unite or eli&htly over two (2) units per aonth. Durin& the pravioua
two yeara of the lehabilitation Proaraa, staff was handlin& 2 .5 unita par aonth.
570.513(b)
The aareeaent .. ete the require .. nte of 570.513(b).
1) The aaree.ant describes the obli&ations and responsibilities
of the pertiea and the teraa and conditione on which euch
funde are to be depoaitad and ueed coneistent with th re-
quir ... nte of 1570.513.
•
I • •
-
•
•
Cit y of En&levood
Statement as to Lu~ Su• Approval
Meeting HUD Approval Standards
Page 2 ... continued
•
• •
2) All loane uader thie asree..at vill be .. de vithin a period
of tvo yeare from the date of the acreement.
3) Loan eubeidy repayw.nte and intereet earned on the aeeerve
Accounte will be returned to tbe rehabilitation proar.. to
.. ke additional eubsidized loane.
4) The aare ... nt ie eubject to the provieione of 24 Cll IS70.Sl3 .
Thank you for your coneideration.
cla
11/13/81
Andy McCown
City Hanaaer
Date
•
I • •
•
•
• •
-...--
City of Englewood
CITY OF ENGLEWOOD
LUMP SUM DIAJIDOWN CDl'IliCATIOil
a400 a. E1811 SlrMI
lfllllewood, Coloredo 10110
l"hone (303) 711·1140
I do hereby certify that the Lu.p Sua Dravdovn Aara~t aiane4 bet-the
Housina Authority of the City of ID&lewood and the Contineatal Jat~l lank
does .. et the Benefits Teats as described in paraaraph (i)(2)(i), Section 570,513,
24 CFl, for the follovins reasons:
Firat:
Second:
Third:
Fourth:
Fifth:
The City of IDalewood hae placed a hiah priority on houaina
rehabilitation in the aix (6) taraet ar .. a aa delineated
on attached .. p.
Forty-one percent (41%) of the property ovnera in the
ceoaua tracts in which taraet ar .. ~ are located qualify
aa low and .aderate iDeo.. faailiea in accordance with
the objectives of the Ca..unity Davelo~nt •lock Grant
Proaraa. Inco.e data specifically for taraet ar .. a ia
not available, however, since thaaa are the areas with
the ar .. taat concentration of autatandard houaina the pro-
portion of lov-inco-. paraona ia aati-.tad to be bieber
than in surrounding nei&hborhooda of .oatly atandard houaina.
36.5% of the population cf the City can be te~d low and
.oderate inca-e.
The Reserve accounts in th a.ount of $35,000 will levaraaa
$350,000 in Bank funda to .. ke additional below .. rket rata
houaina rehabilitation loana .
The City of Englewood haM &Mtabliahed a houaina r eha bili-
tation aoal of 52 dvellin& units in ita Houaina Aaaiataace
Plan for 1979-1980, aa approved by the KUD 1aaiooal Office.
lanafits of Laveraaina:
Usin& CDIG funds alone, 18 unit could be rehabilitate d:
$226,000
-35,500 . bo.soo
-:-10,627
li
CD arant
General Adaini tration
lahab fuads
Avaraae aubsidiasd loan ..aunt
UDiU/Loans
Usin& CDIG funds plus leveraaad laak fund , 51 unit could be
rehabilitated: I •
-
•
Lump :sum urawaow&a we:&. ~A .... '-'a~--··
Page 2 •.• continued
$350,000
-.-7!620
46
$ 3,007
X 46
$138,322
uto,soo
1)1.322
$ 52,178
........ 10.627
5
•
• •
a.ok liD• of credit
A-raae lank loan UIOURt
Subaidized loana/uoita
A-raa• CD fuocled aubaidy
Subaidiaed loaaa
Total CD aubaidiea
CD rehab fuoda available
lubaidiea CD fuada available for aranta or deferred loana
Ayeraa• arant .-ount
Granta/Uilita
Sixth:
A aurvey of tbe City of JDalevood revealed no ftn&Dcial
inatltutiona within the aervice areaa owned by atnority
srouP ..-.ra.
You will nota that the Contlnental ·Mational .. nk (Firat lnteratata) haa aareed
to pay .. rket rate intareat on the Default and Delinquency 1eaerv•• which vill
be deposited in Certificate of Depoait.
cla
11/13/81
Andy KcCovn
City Hanacer
Date
•
I • •
-
•
ORDINANCE NO.
SERIES OF 198~
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER A --uvraAa.u J
AN ORDINANCE APPROVING AN AGREEMENT CP~ATING A MULTI-JURISDICTIONAL FIRE ARMS SCHOOL.
WHEREAS, it is necessary for the Ci ty of Englewood to train its police officers in firearms usei and
WHEREAS, current facilities require extensive travel and
considerable expenditure of overtime pay; and
WHEREAS, other jurisdictions have a similar need and are
desirous of joining with the City of Englewood in creation of
a multi-jurisdictional firearms school.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. An agreement between and among the Board of County
Commissioners, Arapahoe County, Colorado, the Town of Bow Mar,
Colorado, the City of Cherry Hills Village, Colorado, the Town
of Columbine Valley, Colorado, the office of the District Attorney
of the Eighteenth Judicial District, State of Colorado, the City
of Englewood, the City of Littleton, and the City of Greenwood
Village, Colorado, is hereby approved and adopted by the City of
Englewood as if set forth in full herein.
Section 2. That said agreement sets forth the acquisition of
facilities, the construction of improvements , establishes
operational requirements, and creates a Board to ensure the
overall operation of the facility in accordance with the agreement between the parties.
Section 3. That the City Council of the City of Englewood
author1zes the Mayor of the City of Englewood and ex officio City
Clerk-Treasurer to sign for and in behalf of the City and attest
the same on behalf of the City of Englewood.
Introduced, read in full, nd passed on first reading on the 1st day of February, 1982.
Publish d as a Bill for an Ordinance on the 3rd day of February, 1982.
Attest: Eugene L. Ot1s, M yor
•
I • •
•
•
•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing
1s a true, accurate and complete copy of a Bill for an Ordinan ce ,
introduced, read in full, and passed on first reading on the 1st day of February, 1982.
Gary R. Higbee
•
I .
-
•
•
• •
A G R E E M E N T
THIS AGREEMENT between and among the Board of C oun~y
Commissioners of Arapahoe County, Colorado; the Town of Bow
Mar, Colorado; the City of Cherry Hills Villa qe , Colorad o; the
Town of Columbine Valley, Colorado; The Office of the District
Attorney of the Eighteenth Judicial District, State of Co lorado;
the City of Englewood, Colorado; the Citv of Littleton , Colorado;
and the City of Greenwood Villaqe, Colorado, for the benefit of
and includino all of their respective law enforcement comoonents
(hereinafter the "parties"),
WITNESSETH :
WHEREAS, the parties hereto have aoreed to establish and
cons truct a multi-jurisdictional firearms~f and
WHEREAS, the parties hereto have aqreed to so construct
and operate the same on the terms and orovisions hereinafter s et
forth; and
WHEREAS, i t is the intention of the parties that none s hall
be the customer of the others, but rather this facility shall be
constr uc ted and operated with construction costs, costs of
addition, and costs of onerational maintenance befnq divided
amono them fn a fair and equitable manner as set for h hereinafter
with qreater specificity; and
WHEREAS, this Aqreement is made to further the purposes of
the nublic health, safety and we lfare of the citizens of Arapahoe
County , Coiorado, by providino traininq with local law enforcement
•
I • •
•
Ag reement
Page 2
•
• •
officers under the stress conditions of "shoot/don't shoot"
situations which must be faced on the community street.
NOW, THEREFORE, it is mutually covenanted and agreed by,
between and among the parties hereto as follows:
I. FACILITIES
A. The joint facilities shall be known as the
"Multi-Jurisdictional Firearms School"
Said property shall be under the control of the
governing board for the project which shall be comprised of
the top ranking law enforcement official, or his designee, of
each of the parties. The use of the firearms range shall not
be changed without the consent of all parties to this Agreement.
Should the facilities cease to function as a firearms tra i n i ng
center for peace officers, the governing board shall therea f t er
be free to dispose of the personalty as they shall see f it.
•
I • •
-
•
Agreement
Paoe 3
•
• •
II. CONSTRUCTION OF IMPROVEMENTS
A. The parties hereto shall mutually designate an
architect to desiqn a firearms training fucility utilizing the
assistance of the recommendations of the gove rninq board. Sai d
facility to be constructed upon the dbove-described property
with a budget for its design and construction of $117,057.
B. The pro-rata participation of each of the partie s
in the overall cost of the project shall be calculated on a per
commissioned officer basis as follows: Total cost less Federal
funds divided by the total number of officers shall equal the
cost per officer.
C. After the preparation of the final plans and speci-
fications for said facility, and after approval of the governing
board, the architect shall submit said plans and specifications
to bid under procedures required for public projects.
D. The award of the bid to the general contractor shall
be after the approval of a majority of all parties to this-
Agreement :
E. After the award of the bid to the general contractor,
as provided in Paragraph 0 above, it is agreed that any excess
of costs for the design an~ construction of said factlities shall
be paid for on the pro-rata basis as defined in Paragraph 8
above.
F. All the parties, upon the execution of this Agreement,
shall deposit thefr pro-rata share in a special account to be
~o/11~"~ known as the "Multi-jurisdictional Firearms·~ Account" at
the Office of the Budget Director for Arapahoe County. Said
•
I •
•
Agreeme nt
Paae 4
•
• •
account to be maintained separate and distinct from all other
funds and accounts maintained by said County. Disbursements
from said account shall be made in accordance with this Aqreement
by the siqnature of the bud9et director of the County of Arapahoe.
G. If no contract is awarded pursuant to Paragraph D
above within twelve (12) months from the date of this Agree ment,
then the funds remaining in the account established under
Paragraph II. F above will be returned on a pro-rata basis to
all the contributing agencies, after all proper expenses arising
from this Agreement have been paid, and this A9reement shall then
be terminated and of no further force or effect.
H. No other construction other than is set forth above
shall be allowed on the above-described property without the
authorization of all the participating agencies.
III. OPERATION OF FACILITY
A. A permanent committee to be known as the governing
board of the Multi-Jurisdict ional Firearms rai'~;'F••ili'y
(hereinafter "board"), shall be established. The board for this
project shall be comprised of the top ranking law enforcement
official, or his designee, of each of the participating agencies.
8. At its annual meeting, the board shall elect from
its membership an executive committee to be comprised of a
Chairma n, Vice-Chairman and Secretary. The Chairman shall
officiate at all meetings of the board and shall act on behalf
of the board when authorized to do so. In the absence of the
Chairman, the Vice-Chairman shall act in his or her stead.
•
I • •
-
•
Agreement
Page 5
•
• •
C. The Purpose of the board shall be to provide
administrative direction for all operations of the joint
training facility and attendant matters, both during the course
of construction and after the facility is in operation.
D. Decisions of the board shall be made by a
majority vote.
In the event that a majority vote cannot be arrived
at on any matters within the scope of their authority, then,
and in that event, an additional member of the board shall be
appointed for the purpose of reaching a determination of that
issue. The additional member shall be an individual whose
identity is agreed upon by the board, or in the absence of such
agreement, the additional member shall be appointed by the
presiding ju dge of the 18th Judicial District of the State of
Colorado, and the additional member so appointed shall be one
who is experienced in the field of police protection and firearms
training techniques.
E. The board may adopt such rules of procedure that
they deem advisable.
F. The board shall establish all necessary rules and
regulations concerning the operation and use of said training
facility.
G. The board shall establish a rental schedule for use
of the training facility by outside parties.
•
I .
•
•
A~reement
Page 6
•
• •
H. The board, on or before Au gust 1st of each year,
shall prepare a budqet for the operation and maintenance of
the training f aci lity for the following year, which shall include
provisions for insurance as necessary for the benefit of the
parties in the operation of the facility. The board shall
orepare and submit a budget to all the particioatin g aqencies
for approval on or before Au q ust 15th of each year. Upon
approval of said budQet by all the narticipating aqencies, an
amount totalling the full amount of said budqet shall be
deposited in the account established under Paragraph II. F
above on the pro-rata basis establ ish ed under Paragraph II. B
above, on or before January 15th of the followinq year.
Payments from said account shall be made by the siqnature of
the Arapahoe County budget director and all payments shall be
in accordance with the approved bud get .
I. Any supplemental appropriations to the aporoved
budget, or any amount required for the first year of operation
of the training facility, shall be jointly aporoved and paid in
accordance with Paragraph H above.
J. Normal operation and maintenance costs shall include
those utility costs incidental to the ooeration of said facility,
together with insurance as necessary to adequately cover said
facil fty.
K. An annual meeting of the Board shall be h ld on the
third Thursday of January each year at a time and place designated
by the Ch a irman of the Board, nrovided that 14 days notice sh 11
•
I •
-
•
•
Agreement
Paae 7
•
• •
be provided to each member of the time and place so designated.
The annual meeting shall be for the purpose of electing the
executive committee as required herein and for such other
business as necessary.
IV. USE OF FACILITIES
A. The use of the training facility shall be limited
to the participating agencies, and shall, at the pleasure of the
board, be available for other recognized bonafide police depart-
ments, law enforcement agencies, rescue and other emergency
units. Rental of said facilities to other agencies shall be
at a rate determined by the board and provided for in Paragraph
III. G above. Those rentals received for use of said facilities
shall be deposited in the account established under Paragraph
II. F above and credited to the parties to this Agreement on a
pro-rata basis.
8. Should the training facility be damaged or
destroyed by use by any parties to this Agreement or other
renting agency and as a result of said use, shall be the
responsibility of that agency to pay for any and all damages
done to these facilities should said damage not be covered by
any insurance.
C. No party to this Agreement shall assign any rights
hereunder without the consent of all the other parties. All of
the terms and provisions hereof shall be binding upon an inure
to the benefit of the parties hereto, for successors and assigns.
•
I •
•
Aqreement
Page 8
V. TERMINATION
•
• •
This Agreement may only be terminated or amended upon
the joint approval of all the narties. Notwithstanding any
provision of this Agreement to the contrary, no party may
withdraw from this Agreement except on 180 days written notice
to each of the other parties. Upon withdrawal, any and all
interest of the withdrawinq party in the facilities, equioment,
or other assets of the committee or the range shall be deemed
forfeited.
VI. EXECUTION
It is agreed that this Agreement may be executed separately
by each of the parties hereto by each such party signing a duplicate
original counterpart of this Agreement, it being the intention of
the parties to avoid the necessity of contemporaneous execution
of a single original A9reement by all parties.
EXECUTED this ______ day of ---------------• 1981.
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Attorney
COUNTY OF ARAPAHOE
By:
•
TC~h-a~i-r_m_a_n-.~A-r_a_p_a~h-o-e~C~o-u_n_t~y---
Commissioners
Distr1ct Attorney, 18th Judicial District
I • •
•
Agreeme nt
Page 9
ATTEST:
City Cleric
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Cleric
APPROVED AS TO FORM:
C1 ty Attorney
•
• •
Sheriff, Ararahoe County
Directo r, Araoahoe County
Snecial Crime Attack Tea~
CITY OF CHERRY HILLS VILLAGE
Bv: • ~M-a_y_o_r ________________ _
CITY OF ENGLEWOOD
By :~--------------------Mayor
•
I • •
•
Agreement
Page 10
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM :
Ci ty Attorney
•
• -
CITY OF GREENWOOD VILLAGE
B.Y :_,..,. ___________ _
Mayor
CITY OF LITTLETON
By: -=H-ay_o_r __________ ___
I . .
•
-
Agreement
Page 11 ·
ATTEST:
Town Clerk
APPROVED AS TO FORM:
To1~n Attorney
ATTEST:
Town Clerk
APPROVED AS TO FORH:
Town Attorney
•
•
• •
TOWN OF GOW 11AR
By:~--------------~1ayo r
TOWN OF COLUMBINE VALLEY
By :
u~1-a_y_o_r ______________ __
•
I • •
-
•
•
ORDINANCE NO.
SERIES OF 198z----
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER 7f' aj'.
AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT FOR POLICE SERVICES.
WHEREAS, it is desirable that municipal law enforcement
agencies assist each other in the event of an unusual major
occurrence or major emergency situation; and
WHEREAS, it is necessary to formally establish procedures for the rendering of mutual aid.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. There is hereby approved a contract titled "Mutual
Aid Agreement" consisting of three typewritten pages providing
for mutual police aid and assistance as set forth therein.
Section 2. That each party shall develop an emergency operations
plan and agrees to furnish resources and facilities to render
services to the other in the event of unusual major occurrences;
however, no party shall be required to deplete its own resources
unreasonably; establishes provisions as to when emergency assistance
may be requested; the value of the services shall be equal to each
of the parties; and the method of exercising emergency is established.
Section 3. The Mayor of the City of Englewood and the ex officio
City Clerk-Treasurer are hereby authorized to sign the document on
behalf of the City Council and the City of Englewood and attest the same.
Introduced, read in full, and passed on first reading on the 1st day of February, 1982.
Published as a Bill for an Ordinance on the 3rd day of February, 1982.
Attest: Eugene L. Otis, May or
ex officio city Clerk-Treasurer
•
I •
-
•
•
• •
____ .... __ _
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the foregoing
is a true, accurate and complete copy of a Bill for an Ordinance
introduced, read in full and passed on first reading on the 1st day of February, 1982.
Gary R. Higbee
•
I .
•
• •
MUTUAL AID AGREEMENT
This agreem nt made and entered into by the various po li ti cal subdivisions ,
munici pa l co rporations, and other public agencies operat ing in the state of
Colorado;
WHEREAS, it is desirable that each of the partie s hereto sho uld voluntarily
aid and assist each other in the event that an unusual major occurrence or
emergency si tuation should occur, by the interchange of police and sheriffs'
services and facilities;
WHEREAS, it is necessary and desirable that a mutual aid agreement be executed
for the interchange of such mutual aid on a local, countywide, regional,
aml > ta tewi Jt! basis;
WHEREAS, Sections 29-5-103 to 29-5-111 Colorado Revised Statutes, 1973, pro-
vides statutory authority for such interchange of mutual aid by various
political subdivisions;
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties
hereto as follows :
1. Each party shall develop a plan providing for the effective mobili-
zation of a 11 its resources and facilities to cope with any type
of unusual major occurrence or emerge ncy situation that shall be
known as an Emergency Operations Plan.
2 . Each party agrees to furnish resources and facilities and to render
servi ce s to each and every other party to the agreement in the
case of unusual major occurrence or emergen cy situation in accordance
with duly adopted mutual aid operational plans, whether heretofore
or hereafter adopted, detailing the method and manner by wh ich such
resources, facilities, and serv ices are to be made available and fur-
nis hed ; provided, however, that no party shall be required to deplete
unreasonab ly its own resources, facilities, and services in furnishing
:;uch r-1'J tual aid .
3 . The reques t ing party will not request aid from an assisting party
until the requesting party has COillnitted one hundred (100) per cent
of its resources to the emergency situation. This provision, however,
will not apply to those emergency situations wh ich, in the judgment
of the requesting party, appear to be of a short duration . For the
purposes of this paragraph, a short duration is defined s being
three (3) hours or less.
4 . It is expressly understood that any mutual aid extended under this
agreement and the opera t ion a l procedures idopted pursuant thereto,
is furnished in accordance with Sections 29-5-103 to 29-5-111 Colorado
Revised Statutes, 1973, as amended, and other applicable provision s
of law, and the definitions for unusual major occurrence or emergency
situation.
•
I •
•
•
• •
5. Th e Si!rvices rendered by one party to the other are of e'lual value
and there shall be no charges r:1ade by one party for the services rendered
to the other party. In the event of equipment damage by reason of the
action of the er~ployees, the liability and loss shall be determined
on the basis of the fault or negligence of any er•rployee. The employer
of the er ;rp 1 oyee 11ho is found to. be at fault shall be 1 i ab 1 e for the 1 oss.
6. This agreement shall bec::ome effective as to each party when approved
or executed by the party, and sha ll remain operative and effective
as bel1 ·1een each and every party that has heretofore or hereafter
approved or executed this agreeme nt, until participation in this
agre~.~nt is terr:1inated by the party upon thirty days written notice
to all other parties. The termination by one or more of the parties
of its participation in this agreement shall not affect the operation
of this agreement as between the other parties thereto.
7. Each party agrees to adopt the following procedure in conformance
with applicable statutory la~1 1~hen requesting or furnishing mutual
aid for unusual fll ajor occurrence or emergency situation:
A. All requests for mutual aid are to be made by telephone by the
chief of police or sheriff, or a person exercising the functions
thereof, of the requesting party to the chief of po 1 ice or sheriff,
or a person exercising the functions thereof, of the assisting
party. The request is to be iE~ediatelJ[ confirr:Jed by teletype or
other writ ten r.1es sage by the requesting party.
C. The resources or facilities that are assigned shall be under
the inmediate command of a superior officer designated by such
assisting party. Such superior officer shall be under the direct
supervision and co~~~nd of the requesting chief of police or sheriff,
or persons exercising the functions thereof .
C. The requesting party shall indemnify, defend and hold the assisting
party hanaless from any and all claims and/or lawsuits for damages,
except exemplary damages, or omissions of the assistin!J party or
its employe::s , agents, or officers, ~1hile engaged in services for
the re'luesting party.
D. Aqencics served ~lith notice of suit shall ir•nediately forward
~uc h notice to the requesting agencies.
11 ' 1nrss ~IJI(I'tEOr this agreen•ent ha s he!)n executc1 anrl approvl•d and is
effcct•ve and operative as to each of the parties as herein provided.
llat d thi s day of ----------· 19:12.
Att st :
-2-
•
I • •
•
•
• •
APPWDI X A
DEFIIHTIOIIS
A. !!_n_u_s~a_LnaJor Occurrence -An unscheduled physical event involving
potential or ilctual personal injury or property damages arising from
fire. flood, stor111, earthquake, wreck, enemy action, civil distur-
bance, terrorist activities, or other natural or man-caus ed incident.
B. Q:!~.!Jt~SY Sit~j:ions -The existence of conditions of disaster or
of extreme peril to the safety of persons or property ~lithin the
1 ir :lits of a city or county caused by such conditions as fire, flood,
storm . riot or other conditions 1~hich are likely to be beyond the
con tro 1 of the services, personne 1, equipment and faci 1 ities of a
given political subdivision.
•
I • •
•
RESOLUTION NO. '1
SERIES OF 1982--~--
•
• •
A RESOLUTION SUPPORTING H.B. 1069 PROVIDING THAT THE PROCEEDS
OF THE STATE SUPERVISED LOTTERY BE USED FOR PARKS, RECREATION AND OPEN SPACES.
WHEREAS, the voters of Colorado have twice approved
establishment of a state-supervised lottery or sweepstakes,
the last time via a November, 1980 constitutional amendment; and
7 K ·
WHEREAS, the proceeds of the lottery are to be spent
on parks, recreation, and open space through the State Conserva-
tion Trust Fund, unless otherwise directed by the legislature; and
WHEREAS, the City of Englewood believes that the lottery
was originally contemplated and the voters approved the amend-
ment with parks, recreation, and open space funding in mind; and
WHEREAS, the City of Englewood has a critical need for
parks, recreation, and open space funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
That we call upon Representative Chri s Poulson and
Senators Ralph Cole , Martha M. Ezzard, and Sam H. Zachem
to support passag of H.B. 1 069 with the proceeds earmarked
for parks, recr ation, and open space.
ADOPTED AND APPROVED this lst day of February, 1982.
Att st: Eug ne L. Ot1s, May or
ex off1c1o C1 y Clerk-Tteasurer
•
• I i f
I •
•
•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the
fore3fing is a true, accurate and complete copy of Resolution No. , Series of 1982.
Gary R. Higbee
•
• I
I
I • •
•
•
• •
RESOLUTION No,--2'-__ _
SERIES OF 1982
A RESOLUTION SUPPORTING H.B. 1069 PROVIDING THAT THE PROCEEDS
OF THE STATE SUPERVISED LOTTERY BE USED FOR PARKS, RECREATION AND OPEN SPACES .
WHEREAS, the voters of Colorado have twice approved
establishment of a state-supervised lottery or sweepstakes,
the last time via a November, 1980 constitutional amendment; and
WHEREAS, the proceeds of the lottery are to be spent
on parks, recreation, and open space through the State Conserva-
tion Trust Fund, unless otherwise directed by the legislature; and
WHEREAS, the City of Englewood believes that the lottery
was originally contemplated and the voters approved the amend-
ment with parks, recreation, and open space funding in mind; and
WHEREAS, the City of Englewood has a critical need for parks, recreation , and open space funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
That we call upon Representative Chris Poulson and
Senators Ralph Cole , Martha M. Ez zard, and Sam H. Zachem
to support passage of H.B. 1069 with the proceeds earmarked
for parks, recrea ion , and open spac
ADOPTED AND APPROVED this 1st day of February , 1982.
Attest: Eug ne L. Otis, Mayor
ex offic~o C~ty Cl rk-Treasur r
•
, I
•
' ' I • •
-•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the
foregoing is a true, accurate and complete copy of Resolution No.~, Series of 1982.
Gary R. Higbee
•
'I 14
I I
I .
-
RESOLUTION NO.
SERIES OF 1982-----
•
• •
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD FOR THE PRO-
VISION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND
TESTING OF LAW ENFORCEMENT OFFICER APPLICANTS.
WHEREAS, the City of Englewood is desirous of establishing
a system of recruiting and testing entry level police officers,
which is both cost efficient and operationally effective; and
WHEREAS, a program centrally administered in cooperation
with other municipalities will best achieve this objective; and
WHEREAS, the Denver Regional Council of Governments has
formally established such a central program, known as the
Centralized Org~nization for Police Selection ("COPS") Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood contract with the Denver
Regional Council of Governments for participation in th Ce ntra l -
ized Organization for Police Selection ("COPS") Program .
Section 2. That the agreement between the Denver Reg i ona l
Counc1l of Governments and the City of Englewood, attached
hereto as Exhibit A, be, and hereby is, adopted and approv d.
Section 3. That the City Manager and Director of F i nanc e are
hereby authorized to execute said agreement and appropriat f unds
for payment of fees assoc i ated with the program.
ADOPTE D AND APPROVED this day of , 1982. -------------------
Attest: E ugene L. Otis, Mayor
ex officio City Clerk -Treasurer
•
. .,
•
I • •
-•
• •
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
Ci ty of Englewood, Colorado, hereby certify that the above i s a
true, accurate and complete copy of Resolution No. , Series o f 1982.
•
• I
l 'f
I .
•
• -
DENVER REGIONAL COUNCIL OF GOVERNMENTS
CENTRALIZED ORGANIZATION FOR POLICE SELECTION PROJECT
INTERGOVERNMENTAL AGREEMENT
Project No.-----
Contract No.-----
THIS AGREEMENT by and between:
DENVER REGIONAL COUNCIL OF GOVERNMENTS, Denver, Colorudo
("DRCOG")
and
CITY OF ENGLEWOOD
("Municipality", "Law Enforcement Agency" or "Local Government")
RECITALS
1. The Local Government has law enforcement authority within its
jurisdiction includi~ the pel"30nnel power to recruit, test and hire;
2. The Local Government desires to improve the cost and operating
eCCiciency associated with the testing and recruiting of entry level police oCficer ; and
3. A centrally administered project oUers the best arraniement Cor addressi,.. this need; and
4. DRCOG has the capability to administer the project, formally known us
the Centralized Organization for Police Selection ("COPS") Project.
5. The Local Government desires to have DRCOG act as its ~ent and
separate legal entity to manage the recruitment and testi~ of law enforcement officer applicants.
6. Pursuant to Section 29-1-203, C.R.S. 1973 the parties do enter into an
intergovernmental contr~tct for the provision of the. services set forth herein.
THE PARTIES AGREE :
1.0 PURPOSE
The purpose or this arr ment is to provide for a cooperative arranrement betwe n
DRCOG and th local iOVernment and other jurisdictions for the provision of central-
ized rvi tor entry level recruitment and testi~ or law enforcement oUicer
applicants for the Loeal Gcwernment and other loeal rcwernments by DR COG
•rent and teperate JeraJ entity ot the Joeal rovernments.
•
• I •
I •
•
• •
2.0 SCOPE OF SERVICES
2.1 DRCOG will provide for the management of the Centralized Organization for
'POlice Selection ("COPS") Project as the collective effort to centralize the recruiting
and testing function necessary to perform law enforcement functions ("project"} set
forth herein.
2. ~ DR COG agrees to provide sufficient professional and secretarial s taff to effect-
Ively operate the project.
3.0 PARTICIPATING JURISDICTION
Additional jurisdictions may contract with DRCOG as part of the COPS program.
Such jurisdictions may Include the cities of Arvada, Broomfield, Cherry Hills Village,
Commerce City, Glendale, Littleton, Northglenn, and other jurisdictions in the State
of Color~tdo which enter into a similar ajfreement as herein provided.
4.0 PAYMENTS BY LOCAL GOVERNMENT
4.1 The Local Government •rees to pay to DRCOG Cor the term of this agreement
the sum let forth on Schedule A attached hereto.
4.2 Payment of DRCOG shall be made in installments as set forth on Schedule A
attach«! hereto.
4.3 The amounts, installments and the period of payment provided on Schedule A may
De modified from time to time by written amendment to Schedule A. Such amend-
ment must be approved by DRCOG and the local government.
5.0 PA YMF.NT BY DRCOG
DRCOG agrees to provide funds as set forth in Schedule A towards the Sl4)port of t h
COPS project duri~ the first year of the project. Such sum is Intended to support
the COPS project as a whole, and not to be duplicated upon the execution or th is
agreement by other jurisdictions. It is the intent or the parties that DRCOG's
rineneial SI4JPOrt will i t only in the aslMblishment of the project, but i not to con-
tinue beyond the time that DRCOG determines the project is selr-sustainifl&'; it
anticipated th project wall b sclf-su taini~ within three years.
6.0 PROJECT ASSISfANCE
6.1 The Local Government shall prov ide an eqL•itable number of personnel hours, a
determined by the participants, for the purpoee of administer!~ and evaluati~
written tests.
&.2 The contribution or such rvic shall not be considered Substituted rvac nor
roouc payment requirements.
7.0 TERM AND TERMINATION
7.1 The term of thilacreement is from January 1, 1912 until Deeemb r 31, 1912; nne term Ia automati•lly renewable annually unleu termirwted In writ ~ 10 days
prior to the ~ ot the project yMr.)
•
'I
4
I • •
•
• -
8.0 CONFIDENTIALITY
8.1 The parties will treat as confidential all information and testing data regarding
ill prospective and qualified applicants and to safeguard such information as it does in
protecti~ its own property data.
8.2 The parties, including other participating jurisdictions, shall be co-owners of all
datu.
8.3 DRCOG shall act as custodian of such data and shall allow or deny inspection of
such data pursuant to the Colorado Public Records Law.
9.0 LIMrfATION OF UABILITY
9.1 DRCOG's liability for program application per applicant ceases upon submission
OTsuch names to the agency.
9.2 The agency -erees to indemnify and hold DRCOG harmless for all actions of the
agency.
9.3 DRCOG makes no representations that any submission of qualified applicants will
comply with Equal Employment Opportunity Laws or affirmative action requirements of
the -eency.
10.0 NOTICES
All notices required herein shall be in writi~ tendered by regular mail addressed:
TO DRCOG:
Denver Regional Council of Governments
2480 We5t 26th Avenue, Suite 2008
Denver, COlorado 80211
To LOCAL GOVERNMENT:
City of Englewood
3400 South Elati
Englewood, Colorado 80110
11.0 REPORT
DRCOG shall submit to the Local Government a programmatic and fiscal report annually.
12.0 DISCKJMINATION PIWHIUifi.W
~The parties hereby assure and certify that they will comply with applicable
nondiscrimination requirements relating to discrimination on the basis of race, creed,
eolor, sex, national origin, or handicap as set forth in one or more applicable laws:
12.1.1 Title Vll of the 1964 Civil Rirhts Act;
Tr.IT Title VI of the 1964 Civil Rights Act;
12.1.3 Sections 503 and 504 of the Rehabilitation Act of 1973;
T2.IT The Colorado Civil Rights Act of 1979 (1973 C. R.S., 24-34-301 ---The~·· As Amended);
12.1.5 ual Pay Act of 1963;
Tf.T.T The Veteran's Readjustment Act of 1974;
n:r,r A&'e Dlaerlmlnatlon Act in Employment Aet of 1967 ; AI Amended; Tr."iT Are Discrimination Act of 1975; .
12.1.9 Civil Rights Acts of 1866, 1870 and 1871.
•
I •
•
•
• •
12.2 The perties further agree to eomply with any l•al, valid and bindi~ regulations
issued by State and Federal agencies punuant to the authority or in effectuation of
the rfchts set forth in the statutory frameworks referenced in Paragraph 12.1
abOYe. 'ntis condition shall not be interpreted to require in any agency, project or
function covered by this Agreement, any percentage ratio, quota system, or other
such projeet to .ehieve racial, ethnic or sexual balance or to eliminate any such imbalance.
llJ The parties certify that each of them either has adopted and has on file an Equal
Wii\Ployment Opportunity Procram u required by 28 C.P.R., Section 42.301, et seg., subpart E,
or that no sueh program is required of that party consistent with the valid and
enforceable prOYisions of such r•ulation.
13.0 GENERAL
!!:! This acreement, plus any Exhibits hereto, constitutes the entire agreement and
~ere~ all previous Agreements, provisions and representations.
13.2 This Agreement shall not be modified or recinded, except in writing signe d by
trieparti•, which shall be incorporated as amendments to the agreement.
13.J Jfeth~ In this document r•tricts the Local Government from conducti~, recruit!~ and testi~ 1ervices for its own jurisdiction.
IN WlrNESS WHEREOF, the parties have executed this Agreement th is ___ day of , 1912 .
c rrr OP ENGLEWOOD
By: ~Nra-m~e-:-------------------
T i tle:
ATT~r ~.------------
City Cl e rk
DEN VE R REGIONAL COUNCIL
OF GOV E RNMENTS
By: -~N~a-m_e_: __ R~obe~r~t~D~.wF-ar~l-ey ______ __
Title: Executive Director
ATTEST:
-..,A,_d,_.m-..... n~as..,.t-ra11ve-01tlce r
•
'I c
I • •
•
•
• •
DENVER REGIONAL COUNCIL OF GOVERNMENTS
CENTRALIZED ORGANIZATION FOR POLICE SELECTION PROJECT
SCHEOULE
The following ~lemental terms apply to the attached intergovernmental agreement:
4.1 Payment by local government:
Year (term)
1982
4.2 Installm.,ts:
Firat
Installment
$1,313
Amount
$2 ,625
Due Date
January
5.0 Payment by DRCOG
Y•r Amount
1982 $4,000
Second
Installment
s 1 « 312
•
Due Date
June
'I
I
I • •
-
•
• -
P R 0 C L A M A T I 0 N
WHEREAS, disabling conditions, both physical and
mental, directly affect 35 million citizens of our nation
and have serious and costly implications for all who live
in the City of Englewood; and
WHEREAS, each of us can play a role in reducing the
impact of disability by focusing attention on this vital
area of human concern and participating in an ongoing, nation-
wide campaign to help the American public understand dis-
ability and to assist in ensuring full participation in the
life of our society for all of our citizens.
NOW, THEREFORE, I, EUGENE L . OTIS , Mayor of the
City of Eng lewood, Colorado , hereby declare
1 98 2 NATION AL YEAR OF DISABLED PERSONS
in the City of Englewood.
GI VEN under my hand and seal this lst day of February , 1 98 2.
Eugene L. Ot~s, Mayor
•
I
4
•
•
• ..
P R 0 C L A M A T I 0 N
WHEREAS, disabling conditions, both physical and
mental, directly affect 35 million citizens of our nation
and have serious and costly implications for all who live
in the City of Englewood; and
WHEREAS, each of us can play a role in reducing the
impact of disability by focusing attention on this vital
area of human concern and participating in an ongoing, nation-
wide campaign to help the American public understand dis-
ability and to assist in ensuring full participation in the
life of our society for all of our citizens.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the
City of Englewood, Colorado, hereby declare
1982 NATIONAL YEAR OF DISABLED PERSONS
in the City of Englewood.
GIVEN under my hand and seal this lst day of February, 1982.
Eugene L. Ot4s, Mayor
•
•
• -
GRANT OF UTILITY AND STORM DRAINAGE EASEMENT
7
T!IIS CIA!CT of a utility and atora drai.Daae eaa-nt (this "Grant")
ia aade thia 15th day of January , 1982 by
Lawrence J. Wict.an ("Gr&irtar") -w-:-h-o_s_e_ad_ -
dreaa ia 7028 Weat Pineview Drive, Littleton, Colorado 80125
in favor of The City of Englewood ("Grantee")
whoae addreaa ia 3400 South Elati. Street, Enqlewood, Colorado 80110
The partie• covenant and aaree aa follova:
1. laa-ent Property. The "!aa ... nt Property" ahall .. an the real
property located in the County of Arapahoe, State of Colorado, aore par-
ticularly •eacribed on IXhibit A, attached hereto and incorporated herein
by refarence, and aubatantially aa depicted on Exhibit B, attached hereto
and incorporated herein by reference, which real property is owned by
Grantor.
2. CDBaideratiaa. Aa conaideration for thia Grant, Grantee ahall
pay to Grantor the aua of One Dollar ($1.00) and other &ood and valuable
conaidarationa paid by tha Grantee, receipt of which ia hereby acknowledaed
by the Grantor.
3. Ctf!t of UtilitY ani ltora Draip!l! Eaa ... nt . Grantor hereby
aranta to Grantee, ita auccaaaora and aaaiana, a perpetual, nonaxcluaive
•••-nt (the "Utility laa-t") over, UDder, acroaa and throuah the
!aa ... nt Property for the purpoaa of conatructin&, oparatlna, aaintainina,
repairiaa, raplacina, r_,vi .. and enlaraina tba "Linea and Appurtaoancaa".
•• hereinafter ••fined. The "Linaa and Appurtaoancaa" ahall ..an one or
aora atora water and aavar pipalinea aDd all naceaaary UDdararoWlcl aDcl
aurface appurtenance• thereto naceaaary or daairable for tba tran~aaion
of ato~ater and waatawater, includina, but not lt.itad to, aaina, con-
duit&, vaulta, -aholea, or other facilitiea aa required.
4. Acceas. Grantee ahall have the perpetual, nonexcluaive riaht
of inareaa and ear••• in, to, over, throuah and acroaa the E&a ... nt Property
for any purpoae neceaaary or deairable for the full enjoy.ant of the riahta
aranted to Grantaa unier thia Grant.
'· torati!!· Grantee aareaa that after tba conatruction, aain•
tenance, repair, raplac ... nt, or anlara...at of any of the Linea and
Appurtenaacea, Grantee ahall reatore the aurfaca of the Eaaa..nt Property
aa nNrly aa reaaonably poaaibla to tba arada aDcl condition it vaa in
U...iataly prior to eai• conatruction, .. 1AtaD.~Dee, repair, raplac...at,
or eaJ.ar.--t, &JU:apt u .. y be nec:aaMry to ac~ata tba LiDM and
Appurteaaacee. cr .. tea aaraea to raatora and repair any 1aprO¥...ate of
Grantor oe the Jae-t Property which are cluaaad, IIOdifiad or altered
~Y Gratae •~ariq aU. conatruc:tion, MintaD&nce, repair, raplac::..aat or
enlara...at. Grantee f~arthar aaraea to replace any topaoil r..ovecl froa
any c:~altivatad or lan4ac:apad arau on the laa...at Property and to r..ova
any exceea earth rea11ltin1 froa eaid c::onatruc::tion, Mintaaanca, repair,
r~plac...at or enlara...at, at Grantee'• eola coat ancl axpaaaa •
•
I •
•
•
• •
6. •o laprov--ca. Grantor covananu aud aareea noc co conatruct,
aract, place or plan ay "Iaprove!Miita", u hereinafter defined, on the
Eaaeaenc Property without obtainin& the prior written conaent of Grantee.
"Improv-nta" ahall ..an any atructure or buildina. Grantee ahall have
the ri&ht to r_,ve, without ay liability to Grantor, any illprov-nta
conatructad, erected, placed or plantecl on the Eu-nt Property without
Grantee'• ha•ina o'bt.U... the prior writteD cona&Dt of Grantor.
7. !Mi•s•t _. Lttual lupport. GraD tor covaoanta aDd aareea that
Grantee ahall have the ript of aubjacant aad lateral aupport on the Eaq.a-
-t Property to vhate•er extant ia necuaary or cleairable for the full,
co.,lete eni uudiaturbed enjo,_.at of tbe ri&bta aranted to Grantee under
thia Grant.
I. ••• .. ta of Gr•tor. Grantor ruervu the full ri&bt to the un-
diacurbed C~~~rD&rabip, uae, ...S occupacy of tbe zu-nt Property inaofar
u aai• owaarabip, uae AD4 occupancy 1a conaiat&Dt with aDd doaa not i.-
pair the ri&hta ar•cacl co arancaa in tbia Crane.
t. Mttf• c. In Cha a.&Dt that Gr&Dtaa ahall abudoo the ri&hta
ar.ata• co ic under chia Grant, all ripe, title aDd intarut hareUDcler of
Grantee ahall caua aD4 tar.inata, •d Grantor aball bold tbe ~t
Property, u tbe •-My then 'be, free fraa tba riahta of Grantee ao
abeniolaad aud aball -all Mtariala aad atructuru of Grantee ao abanclonacl,
provi•ed that Grantee ahall have a rauona'bla period of tt.a after aaicl
uaa4-t in wbieh to r_,•e any or all LiDU aad Appurt&Galcaa froa
the Jaa-at Property. In tbe a.ant that Eu~t 1a a'bAD4oned by Grantee,
Gr&Dtor aball ha•• tha riabt, at ita aole option, to require Grantee to
r_,a or -traliaa any 1aprov~ta conatructad in the Eu-t 'by Grantee.
10. Varr•n of Iit1t• Grantor varranta aDd rapruanta that Grantor
ia tba f .. aillple owaer of the laa...at Property .ad that Grantor baa full
riaht, title aDd authority, and that tbia Grant ia affective to araDt and
coa•ey co Grant.. cha Utility aad Stora Draiaa&e Eunsnt. Gr•cor further
c.._ta _. aar ... to ~ify, defend and bold Grant .. baralua fraa =• aaaiaat ay &41'\'eraa claia to the title of tbe laa-nt Property 'by all
eat a.ary peraon or peraona lawfully claiaina or to claia tbe vbole or any
part thereof.
ll. 11Miy lffecc. Tbia Grant aball u:t.ad to aad be 'bindin& upon
the heira, peraonal repraaancativu, auccaaaora &Del uaiaaa of the raapactive
partiu hereto. Tbe tar., covenant&, aaraa.&Gta aDd COD41tiona in thia
Grant aball be conatrued u covaoanta rwudDa with tbe lan4.
...
•
• I c
I .
-
•
•
• •
·-
IN WITNESS WH!l!OP, the parties hereto have executed this Grant of
Utility and Stor. Drainaae Easeaent the day and year first above written.
GIANTOI:
Attest:
Title: Technical Services Supervisor
CIAIITU: CIT! OF IIICUWOOD, COLOIAOO
ly ______ ~----~--~~------------luaane L. Otia
Title:
Atteat:
Gary 1. Riabae
Title : Director of FiDaDea, ex-officio
City Clark-Tre .. urer
Hay or
•
'i
I • •
•
•
• •
·-
STAT!. OF COLOIW>O
•• COUNTY OF AU.PAIIO!
'nle foreaoin& ioat:n.ent vu aclaaovlaclaed before -thia 15th
day of Japutry , 19.n__ by Llyrence J. WicbMn
--~~--~~--~~~--~~~ .. --~---------------------------and attaated to by Alban G. VtgPPar!t
•• Technical Service• Superviaor 1 of CitY of Englewood.
Witnaae ay baod and official aaal.
~ A . f}--,:..,...a:c
Nota Public
Janet M. Gr~tt
My ~alOD eJEplraa: Septulber 22, 1985
StAT! OF COLOIADO
•• COUNTY OF OAPAJKII
3400 s. Elati
Englewood, co 80110
'nle foreaoin& inat~t vaa aclulovlaclaed before • tbia --------
day of , 19 __ by ----------------------
--~------~--~-----------.. ------------------------------
and attaated to by -------------~~----------
.. -----------------------of------------
Witnaaa -.y haD4 ud official aaal.
Notary Public:
My C~aaiOG axpiraa:
•
•
• I •
I • •
•
• -
GRANT OF UTILITY AND STORK DRAINAGE EASEMENT
TillS GIAlCT of a utility and atora drai.D&ge e&aPMmt (this "Grant")
1a -de this 15th day of January , 1982 by ----
Lawrence J. Wichaan ("Grantor") whose ad-
draa& ia 7028 West Pineview Drive, Littleton, Colora do 801 25
in fa•or of The City of Englewood
whose addreaa ia 3400 South Elati. Street, Englewood,
Tbe parties covenant and aaree aa follows:
("Grantee")
Co lorado 8011 0
1. he-ent Property. The "Easement Property" shall -an the real
property located in the County of Arapahoe, State of Colorado, .ore par-
ticularly •••cribad on lxhibit A, attached hereto and incorporated herein
by reference, and aubetantially aa depicted on EXhibit I, attached hereto
.nd incorporated herein by reference, which real property ia owned by
Grantor.
2. Coaeidaratioa. As consideration for this Grant, Grantee ahall
pay to Gr .. tor the au. of One Dollar ($1.00) and other good and valuable
conei,arationa paid by the Grantee, receipt of which ia hereby acknowledged
by the Grantor,
3 . cr .. t of UtilitY ~ ltora DraiDfl& Eae ... nt. Grantor hereby
aranta to Grantee, ita aucceaeora and aaaiane, a perpetual, nonexclusive
aaa ... nt (the "Utility Eaee .. nt") over, under, across and throuah the
Eaa ... nt Property for the purpose of conatructing, operatin&, .. intainin&,
repalriaa, replacina, r_,•iDI and anlaraina the "Linea and Appurtanancaa",
aa hereinafter ••fin... The "Linea and Appurtenancaa" aball aean one or
.ore etora water and eewar pipelines and all necessary underground and
surfac e appurtenances thereto necessary or desirable for the tranaaission
of eto~atar and wastewater, including, but not liaitad to, .. ina, con-
du i ts, vau l t s , aanholea, or other facilities as required.
4 . Access . Grantee shall have the perpetual, nonexclusive right
of inar••• and ear••• in, to, over, through and acroaa the 1!:&8.-ent Property
for any purpose necessary o r desirable for the full enjor-ent of the ri&htl
araeted t o Grantee un4ar this Grant.
'· torat1... Grantee a&r••• that a f ter the c onatruction, .. in'
t enanc e, repair, replac ... nt, or enlara ... nt of any o f the Lines and
Appurtaaeec ee , Grantee ehall raetora the surface of the Eaae~t Property
•• nearly aa reaaonably poeeible to the arada and condition it waa in
a..diately prior to aai• conatruction, .. intan&Dce, repair, replac.-nt,
or •ler,_..,t, except aa .. y be neceaeery to ac~ate the Lin• aod
Appurteaaec ea . Grantee aareea to restore and repair any iapr~.-nta of
Grantor oa the laeeaent Property which are ~ .. d, .adifiad or altered
by Gratae 4udna said conatruction, .. intanance, repair, replac.-nt or
enl ara...at . Grantee further aar••• to replace any topsoil r..ovad froa
an y c ul t 1Yatad or lan4ecapad araaa oa the !ae..ant Property and to r..ove
any exc ess earth reaultina froa said construction, .. intenaaca, repair,
r-.p l a c-t or anlarg...ut, at Grantee's sola coet and upanae •
..
•
I •
I •
I'
•
•
• •
·-
6. •o IaproY--~a. Gran~or covaoanta aDd qreea no~ to conatruct,
erect, place or plan lillY "Iaproveliellta" • u hereinafter defined, on the
Eaaeaent Property without obtainina the prior written conaent of Grantee.
"Iapro, ... nu" ahall ..an any atruc~ura or buildina . Grantee ahall have
the ri&ht to r_,,. • without lillY liability to Grantor, any illprov-nta
conatructecl, aractecl, placed or planted on the Bu-nt Property without
Grantee'• haYin& obtaiDed the prior writteD conaeDt of Grantor.
7. hlpjas•t _. I.t~eral luerort. GraD tor coveDanta and aara .. that
Grantee ahall haYa the riaht of eubjacant aDd lateral eupport on the Ea~
-~ Property to whataYar u:teDt ia necuaary or duirable for the full,
co-.lete and UDdiaturbecl anjo,_t of the riahta arantad to Grant-UDcler
thia Grant.
1. upta of C:Or•tor. Grantor ruanu the full riaht to the un-
cliatur~ .. a.nerabip, uae, .cS occup.acy of the laa ... nt Property iDaofar
aa eaicl -erabip, uaa ani occupancy ia conaiatant with aDd doea not ~
pair the riahta arantecl to arantea in tbia Grant.
t. »wf• ~. In the eYent that Gl'ant.. &ball abeadGD the daht•
arantacl to it un4ar thia Grant, all riaht, title and intarut hereunder of
Grantee ahall caaaa ani tanlinata, and Grantor ehall bold the Bu-t
Property. aa the .... -Y thaD be • free fro. the ri&hta of Gl'antH ao
abanioDecl aa4 ahall -all -tariala and atructuru of GrantH ao abandoned,
prOYiclacl that Grantee ahall have a r ... onable period of tt.e after aaid
aancl-t in which to r-Ye any or all Li-and Appurtenancu froa
the laa ... at Property. In the eYent that lu lit 1e abandoDecl by Grantee,
Grantor ahall haYa the ri&ht, at ita aole option, to require Grantee to
r-.a or aeutraliaa aay iaprOY-ta conatructecl in the Bu-t by Grantee.
10. Varr•n of titlt. Grantor warrant• and repruenta that Grantor
ia tba fae af.aple -r of the lae-t Property and that Graator baa full
ri&ht, title &Del authority, and that tbia Grant 1• affective to arant and
c-Yey to GrantM the UtUity aa4 ltora Draillqe Baa a ct. Grantor futbel'
Crf'--ta .. aar ... to ~ify. clafeiWI ... bold GraatM hai'Pleaa fro.
•• aaaiaat any U.arM cla1s to the title of the ..._lit Property by all
aacl eYary peraon or peraona Lawfully claietna or to clais the whole or aay
part tbareof .
1 1. liMiu lffast . Tbia Great &ball u:tencl to &Del be bindin& upoo
the be ira, peraonal r apra-otativu , a~acc a .. ora and aaaipa of the reepec tive
partiu hereto. The te~, COYeDanta , aare-ta 8IWf cooditiona in tbia
Gr eat ahall b e cona t ruacl aa c OYeDanta runnina vitb the laud .
•
'I
••
I • •
-
•
•
• •
IN WITNESS WH!KEOP, the parties hereto have executed this Grant of
Utility and Stora Drainage Easeaent the day and year first above written.
GIANTOI:
Attest :
Title: Technical Senicea Superviaor
CIAIITD: Clrt OF DICLIWOOD, COLOIADO
., ______________________________ __
luaeoe L. Otis
Mayor Title:
Attest:
Gary l. Riabee
Title : Director of FiDaDce, ax-officio
City Clerk-Tra&aurer
•
'I •
• •
• -
• •
• I
•
STAT! OF COLOJW>Q
COUNTY OF AllAPAHO! •• .·.:
The foreaoina inatru.ent vas acknowledaed before ae this 15th
day of Jyuvy , 19...u__ by I.avrence J. WichMn
--~------~--~--~~----~--as -----------------------------------and atteated to by Albert G. VanDeaark
as Technical Services Supervisor I of City of Englewood.
Witneaa ay b&Qd aDd official aeal.
K~ A [ft<rntN:f:& Mota Public
Janet M. Grimmett
My COiaiaaloa. expire•: SepteJiber 22 , 1985 3400 s. Elati
Englewood, co 80110
STAT! or COLOIW>O
•• COUMTY or AL\PAJIOI
The foreaoina inatn.ent vas ackoowleqed before -tbia --------
day of , 19_ by -----------------~~~~~~~---------as------------------
and atteeted to by -------------------------~---------------------
as ----------------------------------------of --------------------
Witneaa _, hand and official aeal.
Notary Publ1c
aaion expiru :
I .
•
• •
-•
• •
GRANT OF PI!RPBTUAL BASEMENT 7
GRANT OF BASEKI!NT dated this 3 0 day of NOYIIIIber,
1911, by and between MAXINE ~IG ON (herei.nafter referred to as
"Grantor") and the CITY)OF ENGLE~o. (hereinafter referred to
as "Grantee).
WHEREAS , Grantor i s the present owner of certain real
property known as Lots 31 and 32, Block 4, Higgi.na South Broadway
Heights, Arapahoe County, Colorado (hereinafter referred to as
the "subject premises"); and,
WHEREAS, Grantee i s desirous of acquiring a perpetual
driveway easement and right-of-way across a portion of said Lots
31 and 32 for the purpose of allowing ingress and egress of fire
prevention e qui pment across said Lots 31 and 32 and adjacent lots;
and ,
WH!ft!!As, Grantor i s willing to grant said driveway ease-
ment a nd right-of-way in return for Gr antee 's proaiae to vacate all
of that portion of the wes t leg of the 16 foot wide "T"-ahaped alley
in Block 4, Higgins South Bro adway He ights, which leg is bounded by
the s outh line of Lot 20 , Block 4 on the north, and the north linea
of Lo • 21-2 4 and a portion of Lot 25 of Block 4 , on the south.
N , THEA!F OR!, t or and ~n cons ideration of th sum of
One Doll r ISl.OO), th receipt nd s uf fic~ency of which i s hereby
a ckn l edged , the p a r ~e• agree as f ollows :
l. r ntor hereby grants, bargains, sella and conveys
to Grantee an 1t.a a ucc ••or , a perp tu al driveway e aae~~ent and
righ -o -way ov r, acr01 1 , hrough a nd unde r portions of Lots 31
a n 32, Bl~ 4 , H1 91na outh Broadway H ighta, Arapahoe County,
Colored. , b inq re s pecifically deacr~bed as follows :
the s outhwest corner ot said Lot
l , a 1d poin ing th point of beginning ;
th n a north rly along the at l~ne of Lots
31 nd 2 a i s nee of 50.00 fee to the north-
v • corn r o f said Lot 32; thence along the arc
ot a curv let wh o s e center bears east having
1 o 9o•oo•oo·, a rad us of so.oo fe t, a
ot 71.5 4 et to • point on the aouth
'"' l.ot 31; lhuncu Wu lurly .>nd wluny
h l1ne dl a tance of so.oo feet to the q nn1nq ,
•
'I •
0
I •
-
•
•
• •
2. The dr i veway easement and right-of-way granted
herein shal l be non-exclusive and shall be in addition to such
other rights-of-way or easements presently possessed by Grantee
and shall be subject to prior rights-of-way or easements poe-
seaaed by other governmental agencies or entities.
J. This grant of perpetual easement and right-of-way
herein contained i s , and shal l be, expressly conditioned upon the
final adoption of an ordinance, by the City Council of the City of
Englewood, properly vacating a ll that portion of the vest leg of
the 16 foot vide "T"-ahaped a lley in Block 4, Higgins South Broadway
Heights, which l eg i s bounded by the south line of Lot 20, Block 4,
on the north , and the north linea of Lots 21 -24 and a portion of
Lot 25 of Block 4 , on the south .
4. I n t he event Grantee or ita successors ever abandon
the use of this easement for said purposes, all rights granted hereby
ahall terMinate , and the fee simple title to Lots Jl and 32, Block 4,
Higgins Sout h Broadway Heights, Arapahoe County, Colorado, shall no
longer be encumbered by the driveway easement and right-of-way
created by th i s instrument .
IN WI TNESS NKEREOF, the part~•• have executed this Grant
of Pe rpetua l Easemen t the day and year f~rat above written.
CRAN'l'OR :
ATTB ST :
GRANT E :
CITY OP ENGLEWOOD
ATTE ST :
By ____________________________ __
-2-
•
, I
i t
..
I •
-
•
•
• •
STATZ OF COLORADO
COUNTY OF
NOVIIIIIber,
•••
Subacribed and avorn to before me thia .!lO a, day of
1981 by Maxine Liq on Grantor.
Witneaa my hand and official aea l.
My c o-inion expirea: Ac. Z 174-
STATZ OF COLORADO
COUNTY OF
Subacribed and aworn to before me thia day of
llklv •ller, 1981 by ________________ of the City
of Englewood, Grantee.
Witneaa my hand and official aeal .
My co .. iaaion expirea : _________ _
Notary Public
-3 -
•
, I
t
.. I
I • •
-
•
•
•
•
.. •
JOB~. 577
AUGUST 20, 1981
;---------------J~·!l _______________ ,
I I I
----------------__ I
I
I
~~ I :a ·-. __________ __Ji
I
I
LEGAL DESCRIPTICJ.I -ORIVEWAY EASEt-t:NT
~\ I
I
I
I
--·-~"----------------·
A DRIVEWAY EASEt-t:NT 0\IER /lt#J ACROSS PORTIONS OF LOTS 31 /lt#J 32, BLOCK ~. HIGGINS
SOVTH BROAOI~AY HEIGHTS, ax.NTY OF AAAP/JHJC. COlJ.ITY, COLORADO, BEING I'ORE PARTIClA..ARLY
DESCRIBED AS FOL LOWS :
C<JHo£NC ING AT THE SOVTHI.t:ST CX>RNE Of' SAID LOT 31, SAID POINT BEING THE POINT OF
BEGI I'fol l ; T CE THERLY /lt#J AL THE ~Sl LINE Of' LOTS 31 flK) 32 A DISTANCE Of'
50 .00 FEE T TO T THIIE ST COAAE R OF SAID LOT 32 ; THENCE AL()N(; THE ARC Of' A CUA.\IE
LE FT CENTER Bi:.ARS EAST KIIV I A DELTA OF 90"00'00", A RADIUS OF 50.00 FEET,
A DISTANCE OF 7 8.5~ fEET TO A INT THE SOVTH LINE OF SAID LOT 31 ; THENCE WESTERLY
AND ALONG SAI D SOVTH LI NE A DI STANCE OF 50 .00 FEET TO THE POINT OF BEGIN-liNG •
•
I • •
•
•
• •
GRAJIT OF PBIIPBTUAL BASBMI:NT
GRANT OP BASEMDT dated this 3 0 day of Nov•ber,
1981, by and between MAXINE •L!G ON (hereinafter referred to as
"Grantor") and the CITY)OP ENGLEWOOD, (hereinafter referred to
as "Grantee).
WHEREAS, Grantor i s the present owner of certain real
property known as Lots 31 and 32, Block 4, Higgins South Broadway
Heights, Arapahoe County, Colorado (hereinafter referred to as
the "subject premises"); and,
WHEREAS, Grantee i s deairoua of acquiring a perpetual
driveway easement and right-of-way acrose a portion of aaid Lota
31 and 32 for the purpose of allowing ingress and egress of fire
prevention equipment acroaa aaid Lota 31 and 32 and adjacent lota1
and ,
WHEREAS , Grantor i a willing to grant said driveway eaae-
.. nt and right-of-way in return for Grantee's promise to vacate all
of that portion of the west leg of the 16 foot vide "T"-ahaped alley
in Block 4 , Higgins South Broadway Heiqhta, which leg ia bounded by
the s outh line of Lot 20, Block 4 on the north, and the north linea
of Lot s 21 -24 and a portion of Lot 25 of Block 4, on the south.
MOM , TH I:aEF OR!:, for and in con sideration of the aua of
One Dollar ($1.00), the receipt and sufficiency of which ia hereby
a cknowledged, the partie s agree aa follows:
1. Gr antor h reby qranta, barqaina, sella and conveys
to Grantee and ite eucce eeora, a perpetual driveway eaeement and
riqht-of -way over, a croee , through and under portion• of Lote 31
and 32, Block 4 , H i qg~n• outh Broadway Heiqhta, Arapahoe County,
Colorado, said eaaem nt b ing more epeci fically deecribed •• followe:
Commen cing at the s outhwest corner of said Lot
31, sa id point beinq the point of beginning1
then c e northerly along tha at line of Lota
Jl and 32 a distance of 50.00 feet to the north-
west corner of said Lot 321 thence alonq the arc
ot a curve left whose center bear• east having
a d lta o f 90"00'00", a rad ua of 50.00 feet, a
d~• ance o f 78.54 feet to a pont on th eouth
I'"' or •·" J.oL ll1 Lhuocu wualurly and .1lon\j
••~d s outh l~ne a die ance of 50.00 feet to the
po in of beqinn nq •
•
'I
4
''
I • •
-
•
•
•
•
• •
2. The driveway easement and right-of-way granted
herein shall be non-exclusive and shall be in addition to such
other rights-of-way or easements presently possessed by Grantee
and shall be subject to prior rights-of-way or easements poe-
sessed by other governmental agencies or entities.
J. This grant of perpetual easement and right-of-way
herein contained ia, and shall be, expressly conditioned upon the
final adoption of an ordinance, by the City Council of the City of
Englewood, properly vacating all that portion of the vest leg of
the 16 foot vide "T"-shaped alley in Block 4, Higgins South Broadway
Haighta, which leg is bounded by the south line of Lot 20, Block 4,
on the north, and the north linea of Lots 21-24 and a portion of
Lot 25 of Block 4, on the south.
4 . In the event Grantee or ita successors ever abandon
the use of this eaae .. nt for said purposes, all rights granted hereby
shall terainate, and the fee simple title to Lots 31 and 32, Block 4,
Higgins South Broadway Heights, Arapahoe County, Colorado, shall no
longer be encumbered by the d riveway easement and right-of-way
created by this in strument.
IN WITNESS WHEREO F, the parties have executed this Grant
of Pe rpetua l Eaaeaent the day and year first above written .
GAANTOII :
ATTE ST:
GAAHTU :
CITY OF NGLEWOOD
By ________________________ ___
ATTE ST :
-2-----------------------------
•
--·I
l'f
' '
I • •
•
•
• •
STATE or COLOaAOQ
COUM'l'Y or
llova~ber,
ss.
Subscribed and sworn to before -this .9o"' day of
1911 by Maxine L1og on Grantor.
Witness my hand and official seal.
My c~ission expires: ,Ar.. Z kJf.4-
STATE or COLO!tAOO
COUMTY OP
Subscribed and sworn to before me this _____ day of ~~r. 1911 by of the City of Bnqlewood , Grantee.
Witness my hand and official seal.
My co .. iaaion expires : __________________ __
Notary Pub c
•
--,I
l
I • •
-
•
•
• •
JOB~. 577
AUGUST 20, 1981
;---------------J!t·!l _______________ •
I I
I ---------1
I
I 3a 1
~ ·-----------11
• I
LEGAL DESCRIPTION -DRIVEWAy EASEMENT
I !>I I
I
I
I --·-~"----------------·
A DRIVEWAY EASEMENT OVER IIH) ACRO SS PORTIONS OF LOTS 31 IIH) 32 , BlOOC ~, HIGGINS
SOUTH BRDADI-IAY ~IGHTS , CO\.NTy OF AA.APPKJ€ COl.NTY, COLORADO, BEING I'()RE PAATICIAAAJ.y DESCRIBED AS FOLLOI-IS :
C~ING AT T ~ SOUTt-t.t:ST CORNER OF SAID LOT 31, SAID POINT BEING T~ POINT OF BEGI ~ING ; T~CE ~T ~R LY llND ALONG T ~ WEST LINE OF LOTS 31 llND 32 A DISTN«:E OF
50.00 FEET TO T ~TH.t:ST COIW;R OF SAID LOT 32; T~ ALONG T~ ARC OF A CURVE
LEFT WH>SE CENTER BEARS EAST HAVI A DELTA OF 90000'00", A RAD IUS OF 50.00 FEET,
A DIS TAN CE OF 78 .5~ FEET TO A POINT T~ SOUTH LI NE OF SAID LOT 31; Tt-ENC£ \ESTERLY
AND ALONG SAID SOUTH LINE A DIST OF 50.00 FEET TOT ~ POINT OF BEGI,.ING.
-,
I .
•
•
• •
MEMO
TO: Mayor Otis and Members of City Council
FROM: Rick DeWitt, City Attorney
DATE: January 27, 1982
RE: High School Storm Water Detention Area
7
I thought it would be helpful for the Council to have a copy
of the Easement Agreement submitted to the attorney for the
School Board on January 26, 1982. Attached is a copy of said
agreement. If you have any questions, please do not hesitate to contact me.
bb
Attachment
•
-, I ,.
I .
-
•
•
•
•
• •
7
MEMO
TO: Mayor Otis and Members of City Council
FROM: Rick DeWitt, City Attorney
DATE: January 27, 1982
RE: High School Storm Water Detention Area
I thought it would be helpful for the Council to have a copy
of the Easement Agreement submitted to the attorney for the
School Board on January 26, 1982. Attached is a copy of said
agreement. If you have any questions, please do not hesitate to contact me.
bb
Attachment
~;I<
I' \
•
·, I
~
I •
-
... ---
•
•
•
• •
AGREEMENT
STORM WATER DETENTION AREA
THIS AGREEMENT, made and entered into this ________ day of
--------------------' 1982, by and between SCHOOL DISTRICT NO. 1,
ARAPAHOE COUNTY, COLORADO, by and through its Board of Education,
hereinafter referred to as "District", and the CITY OF ENGLEWOOD,
COLORADO, a Colorado municipal corporation, hereinafter referred
to as "City",
WITNESSETH
WHEREAS, the School District is the owner of certain real
property located in the County of Arapahoe, State of Colorado,
which is adjacent to Little Dry Creek; and
WHEREAS, the City desires to construct a storm water deten-
tion area as part of a public drainage project to provide for
"100-year flood" protection from Little Dry Creek, adjoining the
aforesaid property; and
WHEREAS, the aforesaid property is suitable for the construe-
tion of the needed storm water detention area which is i n the best
interests of the citizens of the District and the City by eliminat-
ing risk of damage to lives and property from Little Dry Creek
flooding; and
WHEREAS, th District can continue th use of th afores id
prop rty for its g neral purpos a following th reconstruction
'I •
I •
•
•
,. •
thereof to be used concurrently as a storm water detention area;
and
WHEREAS, the City is a public body pursuant to C.R.S. 1973,
32-11-101 et seq., and is a subdivision of the State pursuant to
C .R .S. 1973, 22-32-110; and
WHEREAS, it is necessary for the City to acquire an easement
in certain property of the District in connection with the
construction of the storm water detention pond as part of the
drainage project;
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, hereinafter appearing, the parties
hereto agree as follows:
1. GRANT OF EASEMENT.
The District hereby grants and conveys to the City an
easement for the purpose of construction, use, and maintenance of
a storm water detention pond upon the District property described
as follows:
Beginning at a point on the West line of Lot 30,
Block 5, HIGGINS ENGLEWOOD GARDENS, from which
the NW corner of said Lot 30 bears North a dis-
tance of 5.57 feet; thence South along the West
line of Lots 30 to 25 (inclusive) said Block 5
a distance of 174.73 feet to the North line of
that parcel described in Book 1063, page 264,
Arapaho County Records; thence South along a
line 180 feet East of the parallel to the West
line of the SE 1 /4 of NE 1/4 said Section 3 a
distance of 515 feet; thence East along a line
515 feet South of and parallel to the North lin
of th SE l/4 of NE 1/4 said S ction 3 a distance
of 440 feet; th nee deflecting right 67° a dis-
t nc o 75 fe t; th nee defl cting left 49°
diatanc of 200 feet to the South line of th t
p rc 1 d scrib d in Book 927, p g 29, Arapaho
County R cords; th nc Ea t along said South
-2-
•
.,,
•
I •
•
•
• •
line a distance of 140 feet to the SW c orner
of that parcel described in Book 855, page 542,
Arapahoe County Records; thence East 155.1 feet
and North 125 feet along the South and East
lines, respectively, of said parcel described in
Book 855, page 542; thence North a distance of
127.32 feet along the East line of that parcel
described in Book 1403, page 41, Arapahoe County
Records, to the South line of that parcel described
in Book 1282, page 579, Arapahoe County Records;
thence Southeasterly along said South line a
distance of 13.52 feet; thence North along the East
line of said parcel described in Book 1282, page
579, a distance of 196 feet; thence Northwesterly
along the North line of Lots 1, 2, and 3, SANDRA'S
SUBDIVISION, a distance of 183.2 feet to the NW
corner of Lot 1, SANDRA'S SUBDIVISION; thence
Northwesterly along the South line of that parcel
described in Book 452, page 592, Arapahoe County
Records, a distance of 327.2 feet to a point;
thence Northwesterly to a point on the South l i ne
of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS,
from which the SW corner of said Lot 2 5 bears
West 70.92 feet; thence Northwesterly a l ong the
North line of that parcel descr i bed i n Book 11 24,
page 104, Arapahoe County Records, a d i stance o f
75.2 feet to the NW corner of said Lot 25; thence
Northwesterly to a point on the East l i ne of Lot
23 of said Block 6, from which the SE corner of
said Lot 23 bears South a distance of 2 feet;
thence Northwesterly along the North line of that
parcel described in Book 1094, page 600, Arapahoe
County Records a d i stance of 132.85 f eet to a
point on the West lin e o f Lot 22 o f sa i d Bl ock 6
from which the NW c o rner of said Lot 22 bears No r th
a distance of 3 f eet ; thence No rthwester ly t o a
po i nt o n the East line o f Lot 28, Block 5, HIGGINS
ENGLEWOO D GARDEN S, from wh ic h t h e NE corner of said
Lot 2 8 bear s Nort h a di s t ance of 5 .72 feet; thence
Northw e sterly along the South line of that parcel
d eacribed in Book 1124 , page 103, Arapahoe County
Records a distanc o f 1 4 5.09 f et to the Point of
Beginning, Arapaho County, Colorado.
Storm water d t ntion ar a, as ua d in thi Agr ment, sh 11 be
-3-
•
I
-
I •
•
•
• •
constructed proportioned reduction in the existing elevation of
the aforesaid property by approximately six (6) to eighteen (18)
feet, in order to form the bottom and sides of the detention area,
along with other necessary excavation and construction generally
in accordance with the attached sketch, designated Exhibit A,
prepared by Sellards & Griggs Consulting Engineers. It is under-
stood and agreed that final plans for this water detention area must
be approved by the Board of Education of the District. Said water
detention area shall be designed in accordance with Sellards &
Griggs Report No. 75019-44, dated February 1978 (Exhibit B).
2. DURATION OF EASEMENT AND REVERSION OF INTEREST.
The duration of the aforesaid easement shall be perpetual,
subject to written modifications upon the mutual consent of both
the District and the City, or their successors, or the termination
by the City of the aforesaid easement in said property.
The duration of the occupancy of the water detention
area by flood waters is understood to be temporary and intermittent,
dependent on weather conditions. The City agrees to promptly
clean up any debris and deposits remaining after storm water has
been returned to Little Dry Creek from the storm water detention
area and pay the costs thereof.
3. CO NSI DERATION.
The City shall pay as consideration to the District the
sum of One Dollar ($1) per year, th rec ipt of which is her by
conf ssed and acknowledged, and oth r good nd valu ble consid r -
tion as a t fort in this Agre mcnt.
-4-
•
I
•
I •
•
• •
4. HOLD HARMLESS.
The City agrees fully to save harmless and defend the
District from all suits, actions, demands,or claims in law or in
equity , arising out of the execution of this Agreement, or the
use, construction, and maintenance of the real property herein
described. The City shall be responsible for any litigation and
shall pay the costs of suit, attorneys fees, appellate costs,and
any other costs or expenses which may be assessed against the
District as a result of any suit, demand, or claim filed concern-
ing this Agreement.
5. OBLIGATIONS OF CITY.
a. Purpose.
The premises shall be used solely for the facility
and purpose described in paragraph 1 above or for such other
purposes as the District may approve. The City will not carry on
or permit upon the premises any offensive, noisy, or dangerous
activity or any nuisance to the public or to the adjoining
neighbors. The City will ~ay, upon demand, any damages to the
premises caused by the misuse of sam by it or its agents or its
employees. Th City shall not exercise ny control over the
routin us of th faciliti a by th District. The City sh 11
not use th f ci1ity to det in water xcept wh n in its best
j udgm nt said us is n ceaaitated by virtu of storm or oth r
emergency conditions.
b. Construction and
-5-
•
I •
I • •
-
•
•
• •
The storm water detention area described above shall
be constructed by the City at its sole cost and expense accordin g
to approved plans and specifications. The City shall maintain said
detention pond and facilities and be responsible for costs neces-
sary for use and maintenance of property as a storm water detention
area. The District shall maintain all portions not related to
storm water detention area purposes as the District determines
necessary so long as the capacity of the storm water detention
area is not diminished or infringed upon.
It is anticipated that construction shall take one
(1) year to complete from letting of bids for construction and
returning facilities to a condition usable by the District. City
agrees to take whatever steps are necessary to return facilities
to a condition usable by District as near as practicable as that
currently on the property and install permanent underground
sprinkling system, all at City cost. The City shall provide
District with City park facilities necessary for District's use
to include those functions found on Exhibit C at the locations
designated therein, for the period during the construction and in
the future at such tim a as the wat r detention area is fill d with
storm water and not returned to
us ble condition for District
functions within five (5) days of its temporary and intermittent
us by storm waters. Th City's oblig tion to provid th District
with City park faciliti • durinq t mpor ry and int rmittent u
th area by storm wat rs sh ll continu until th City h a r
-6-
•
of
. I
••
I •
•
•
• •
any debris and deposits remaining after storm water has been
returned to Little Dry Creek from the area. The City agrees to
pay all transportation costs uring District's transportation facili-
ties based on actual cost of transporting students and faculty to
and from school located adjacent to site of storm water detention
area to the appropriate City facilities designated in Exhibit __ _
said actual cost based on District's normal unit operating expenses
for transportation facilities, on a per pupil, per mile basis,
plus additional equipment and hiring of additional drivers neces-
sary to carry out said purposes, the intent being for the District
to recover not less than the exact costs of such transportation.
District shall approve the construction schedule and
City shall require sufficient security from the contractor to
insure prompt execution of the work. Both parties understand that
construction may take longer than one year but City shall insure
that contractor, in no event, shall take more than one and one-
half years to complete construction of the detention pond facilities.
c. Little Dry Creek Improvements.
The City agrees to construct improvements generally
in conformance to Sellards & Grigg Report No. 75019-44 dated
February, 1978, excluding the options to construct upstream dams.
(Exhibit B). h City recognizes the need and d sirability of
providing open space and a pedestrian and bicycle link between
th District's property and th South Pl tt Riv r. Th City
intends to dev lop appropriat rout a in th vicinity of Historic
Littl Dry Cr k for such link. Furth r, City recogn z a th
n d to improv t 9 n ral app ar nc of downtown Engl wood nd
int nda to d v lop ath tic at nd rds th t opl ori nt d
•
·,I
c
I •
-
•
•
• •
with landscaping and open spaces applicable to both public and
private development in the City and consider ordinance changes
to accomplish this goal.
d. Alterations.
With the exception of the interim facilities and
initial completed construction of the storm water detention area,
the City will not make or permit any alterations or additions to
the premises or place any additional structures, facilities or
equipment on the premises without the District's prior wr itten
approval. The City shall submit plans for minor remodeling to
the Board of Education for approval. No major remodeling will be
permitted that wo uld preclude the District's use of the real
property for its general purposes prior to this Agreement. Upon
termination by City of the above-described easement in said
property, City shall restore or replace any portion of the premises
damaged or otherwise affected by such alterations, additions,
structures, facilities, or equipment, unless such restoration
repair was waived by the District at the time approval was given
for such addition or alteration. The District shall approve
construction schedules and the City shall require sufficient
security from contractor to insure prompt execution of work.
e. Facility Expens s.
The City shall pay (1) all license, us , or other
fees; {2) all water, electricity, s wer, or other utility or
service charges; and {3) all oth r operating -~d con truction
exp nses in connection with the construction, us nd m inten nc
of that portion of the afor said prop rty us d a storm wat r
d t ntion ar
-8-
•
'I •
I •
•
•
• •
-.
f. Compliance with Law .
The City will comply with all applicable federal,
state, county, municipal and other laws, ordinances, r ules and
regulations relating to all or any part of the following: (i )
the premises; (ii) the operation of the f aci lity conduc t ed thereon ;
(iii) the maintenance of the premises; and the City shall re f rain
from using the premises in any way in violation of such law,
ordinance, rule or regulation.
g. Liens.
The City will keep the premises free o f al l l iens and/
or claims to be placed on the premises, for whatever reason, t o b e
removed within 30 days after the City has knowledge o f suc h lien ;
and the City agrees to release, indemnify and hold the Distri c t
harmless from and against such liens and/or claims.
h. Surrender of Premises.
The Ci ty wi l l, upon termination of its e a sement i n
said property, surrender the premi ses to the District, i n a g ood
o rder and conditio n, and wh e n a pplicab le , i n comp liance with the
p r o vis i ons of par a graph S(d ).
6 . COMPATIBLE USE BY DISTR I CT .
Th e District may m ke improvements and undertake construe-
tion on th bov -d acrib d prop rty so long as such improvem nts
and construction do not reduc the c p city of the site for storm
wa ter d tent ion or r due ita hydrologic 1 efficien cy for said
purpos e. Th Di s trict sha ll req u at of t h Ci ty ita approv al and
th City sha ll not withh old pprov 1 provid d t h propos d construe -
tio n nd improv nt a a y th storm w t r d t ntion r uir nt s
h r n. Th D atric 'a ua o th pro rty for ita pr a nt pur-
-9-
•
• I
f
I •
•
•
• ..
poses as athletic field and for subsequent compatible uses approved
by the City shal l be deemed dominant and accommocated by the City
if possible.
7. INSURANCE.
The District shall continue its insurance coverage on the
real property described herein during its use of the property for
its general purposes.
The City shall, in addition, include the above-described
real property in its insurance coverage for loss resulting from
the use of said property as a storm water detention area for
liability in excess of the coverage maintained by the District,
at the City's expense. Said excess coverage shall be obtained and
kept in force during the term of this Easement Agreement and shall
include, inter alia, a comprehensive public liability insurance
coverage, insuring the District and the City against any liability
arising out of the use, occupancy and maintenance, and all areas
appurtenant thereto by the City in excess of coverage provided by
the District. The City shall deliver to the District, prior to
right of entry, copies of policies of insurance required herein,
or certificates evidencing the existence of such insurance with a
loss payable clause satisfactory to the District. No policy shall
be cancellable or subject to reduction of coverage.
8. BINDING ON SUCCESSORS AND ASSIGNS.
The terms and conditions of this Agreement shall be binding
on the successors and assigns of both parties hereof.
-10-
•
. I
4
I • •
-
•
•
•
• •
.__,_
9. REMEDIES UPON BREACH.
In the event of breach of the terms and conditons hereof
by either party the other party shall be entitled to specific
performance of this Agreement or, in the alternative, the non-
breaching party shall be entitled to damages suffered as a result
of the breach. The District may not revoke or cancel this
Agreement in the event of the City's breach but must resort to
the remedies herein provided.
IN WITNESS WHEREOF, the District has caused these presents
to be executed by the President of its Board of Education and
attested by the Secretary thereof, and the City has caused these
presents to be executed by the Mayor and attested by the Director
of Finance ex officio City Clerk-Treasurer.
ATTEST:
Secretary
ATTEST:
SCHOOL DISTRICT NO. 1,
Arapahoe County, Colorado
By ________________________________ _
President of its Board of Education
CITY OF ENGLEWOOD, COLORADO
a Colorado Mun ic ipal Corporation
By __ =-----~~~--~~-----------Eugene L. Otis, Mayor
Gary R. Higbee, Director of Finance
ex officio City Clerk-Treasurer
-11-
•
·,I
1
I • •
•
•
• •
MEMO
TO: Mayor Otis and Members of City Council
FROM: Rick DeWitt, City Attorney
DATE: January 27, 1982
RE: High School Storm Water Detention Area
I thought it would be helpful for the Council to have a copy
of the Easement Agreement submitted to the attorney for the
School Board on January 26, 1982. Attached is a copy of said
agreement. If you have any questions, please do not hesitate to contact me.
bb
Attachment
r-;]· ·-t..IC I<
I' \
•
I • •
-
•
•
• •
·-
AGREEMENT
STORM WATER DETENTION AREA
THIS AGREEMENT, made and entered into this ________ day of
--------------------' 1982, by and between SCHOOL DISTRICT NO. 1,
ARAPAHOE COUNTY, COLORADO, by and through its Board of Education,
hereinafter referred to as "District", and the CITY OF ENGLEWOO D,
COLORADO, a Colorado municipal corporation, hereinafter referred
to as "City",
WITNESSETH
WHEREAS, the School District is the owner of certain r e al
property located in the County of Arapahoe, State of Colorado ,
which is adjacent to Little Dry Creek; and
WHEREAS, the City desires to construct a storm water d e ten-
tion area as part of a public drainage project to provide for
"100 -year flood" protection f rom Little Dry Creek, adjoining the
afo resaid property; and
WHEREAS, t h e a f o re sa i d pro p e rty is sui t a ble for the construe-
tion of the needed storm water deten tion area which is in the best
interests of the citizens of th District and th City by eliminat-
ing risk of d a mage to lives and property from Littl Dry Cre k
flooding; a n d
WH REAS, t h Dis trict can continu t h us of th afor said
prop rty for ita 9 n r 1 purpoa • following t h r con struction
•
·,I
•
I • •
•
•
• ..
thereof to be used concurrently as a storm water detent1 on a r a ;
and
WHEREAS, the City is a public body pursuant to C.R.S. 1 9 73 ,
32-11-101 et seq., and is a subdivision of the State pursuant t o
C.R.S . 1973, 22-32-110; and
WHEREAS, it is necessary for the City to acquire an easement
in certain property of the District in connection with the
construction of the storm water detention pond as part of the
drainage project;
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, hereinafter appearing, the parties
hereto agree as follows:
1. GRANT OF EASEMENT.
The District hereby grants and conveys to the City an
easement for the purpose of construction, use, and maintenance of
a storm water detention pond upon the District property described
as follows:
Beginning at a point on the West line of Lot 30,
Block 5, HIGGINS ENGLEWOOD GARDENS, from which
the NW corner of said Lot 30 bears North a dis-
tance of 5.57 feet; thence South along the West
line of Lots 30 to 25 (inclusive) said Block 5
a distance of 17 4.73 feet to the North line of
that parcel describ d in Book 1063, page 264,
Arapahoe County Records; thence South along a
line 180 feet East of the parallel to the West
line of the S! 1/4 of NE 1/4 said Section 3 a
distance of 515 feet; thence East along a line
515 feet South of and parallel to the North line
of th SE 1/4 of NE 1/4 said Section 3 a distanc
of 440 feet; thenc deflecting right 67° a dis-
t nc of 75 f t; thene d fleeting 1 ft 49°
distane of 200 f et to the South line of that
pare 1 d aerib d in Book 927, page 29, Ar paho
County R cords; th nc E st long said South
-2-
•
·,I
i
I •
-
•
•
• •
·-
line a distance of 140 feet to the SW corner
of that parcel described in Book 855, page 542,
Arapahoe County Records; thence East 155.1 feet
and North 125 feet along the South and East
lines, respectively, of said parcel described in
Book 855, page 542; thence North a distance of
127.32 feet along the East line of that parcel
described in Book 1403, page 41, Arapahoe County
Records, to the South line of that parcel described
in Book 1282, page 579, Arapahoe County Records;
thence Southeasterly along said South line a
distance of 13.52 feet; thence North along the East
line of said parcel described in Book 1282, page
579, a distance of 196 feet; thence Northwesterly
along the North line of Lots 1, 2, and 3, SANDRA'S
SUBDIVISION, a distance of 183.2 feet to the NW
corner of Lot 1, SANDRA'S SUBDIVISION; thence
Northwesterly along the South line of that parcel
described in Book 452, page 592, Arapahoe County
Records, a distance of 327.2 feet to a point;
thence Northwesterly to a point on the South line
of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS,
from which the SW corner of said Lot 25 bears
West 70.92 feet; thence Northwesterly along the
North line of that parcel described in Book 1124,
page 104, Arapahoe County Records, a distance of
75.2 feet to the NW corner of said Lot 25; thence
Northwesterly to a point on the East line of Lot
23 of said Block 6, from which the SE corner of
said Lot 23 bears South a distance of 2 feet;
thence Northwesterly along the North line of that
parcel described in Book 1094, page 600, Arapahoe
County Records a distance of 132.85 feet to a
point on the West line of Lot 22 of said Block 6
from which the NW corner of said Lot 22 bears North
a distance of 3 feet; thence Northwesterly to a
point on the East line of Lot 28, Block 5, HIGGINS
ENGLEWOOD GARDENS, from which the NE corner of said
Lot 28 bears North a distance of 5.72 feet; thence
Northwesterly along the South line of that parcel
described in Book 112 4, page 103, ~rapahoe County
Records a distance of 145.09 feet to the Point of
Beginning, Arapahoe County, Colorado.
Storm wat r d t ntion area, s us d in this Agr m nt, sh 11 be a
-3-
•
I •
•
•
• •
constructed proportioned reduction in the existing elevation of
the aforesaid property by approximately six (6) to eighteen (18)
feet, in order to form the bottom and sides of the detention area,
along with other necessary excavation and construction generally
in accordance with the attached sketch, designated Exhibit A,
prepared by Sellards & Griggs Consulting Engineers. It is u nder-
stood and agreed that final plans for this water detention area must
be approved by the Board of Education of the District. Said water
detention area shall be designed in accordance with Sellards &
Griggs Report No. 75019-44, dated February 1978 (Exhibit B).
2. DURATION OF EASEMENT AND REVERSION OF INTEREST .
The duration of the aforesaid easement shall be perpetual,
subject to wr itten modifications upon the mutual consent of both
the District and the City, or their successors, or the termination
by the City of the aforesaid easement in said property.
The duration of the occupancy of the water detention
area by flood waters is understood to be temporary and intermittent,
de pendent on weather conditions. The City agrees to promptly
clean up any debris and deposits remaining after storm water has
been returned to Little Dry Creek from the storm water detention
area and pay the costa thereof.
3. CONSIDERATION.
The City shall pay as consideration to the District the
sum of One Dollar ($1) per year, th receipt of w~ich is h reby
confessed nd ack~owledgcd, and oth r good and valuable considera-
tion as a t forth in this Agre mcnt.
-4-
•
·,I
(
I •
-
•
•
•
• •
4 . HOLD HARMLESS.
The City agrees fully to save harmless and defend the
District from all suits, actions, demands,or claims in law o r in
equity, arising out of the execution of this Agreement, or the
use, construction, and maintenance of the real property herein
described. The City shall be responsible for any litigation and
shall pay the costs of suit, attorneys fees, appellate costs,and
any other costs or expenses which may be assessed against the
District as a result of any suit, demand, or claim f iled concern-
ing this Agreement.
5. OBLIGATIONS OF CITY.
a. Purpose.
The premises shall b e used sole ly f o r the f acility
and purpose described in paragraph 1 abov e o r for such other
purpo ses as the Di strict may approve. The Ci ty will not carry on
o r permit upon the premises any offens i ve, n oisy, or dangerous
a c t ivi t y or any n u isance to the p ublic or to the ad j oining
ne ighbors. The Ci ty will pay, upon demand, a n y damages to the
premise s c ause d b y the mi s use of same by it or i t s a gents or its
employees. The City shall not exercise any control over t h e
routine use of th faciliti s by the District. The City shall
not use the facility to detain water except when in its best
judgment sa id use is necessitated by virtue of storm or oth r
e me rgen cy cond itions .
b. Construc t ion and Maintenance.
-5-
•
·,I --'
l
.d
o n
I •
-
. -
•
•
•
• •
The storm water detention area described above shall
be constructed by the City at its sole cost and expense according
to approved plans and specifications. The City shall maintain said
detention pond and facilities and be responsible for costs neces-
sary for use and maintenance of property as a storm water detention
area. The District shall maintain all portions not related to
storm water detention area purposes as the District determines
necessary so long as the capacity of the storm water detention
area is not diminished or infringed upon.
It is anticipated that construction shall take one
(1) year to complete from letting of bids for construction and
returning facilities to a condition usable by the District. City
agrees to take whatever steps are necessary to return facilities
to a condition usable by District as near as practicable as that
currently on the property and install permanent underground
sprinkling system, all at City cost. The City shall provide
Di strict wi th City park facilities necessary for District's use
to include those functions found on Exhibit C at the locations
designated therein, for the period during the construction and in
the future at such times as the water detention area is filled with
storm water and not returned to
us bl condition for District
functions within five (5) days of its temporary and intermittent
use by storm waters. Th City's oblig tion to provide the District
with City park f4cilities during t mpor ry nd intermittent use of
the area by storm water sh 11 continu until th City h
remov d -6-
•
. I
•
I • •
•
•
• •
=~---·~--··
any debris and deposits remaining after storm water has been
returned to Little Dry Creek from the area. The City agrees to
pay all transportation costs uring District's transportation facili-
ties based on actual cost of transporting students and faculty to
and from school located adjacent to site of storm water detention
area to the appropriate City facilities designated in Exhibit __ _
said actual cost based on District's normal unit operating expenses
for transportation facilities, on a per pupil, per mile basis,
plus additional equipment and hiring of additional drivers neces-
sary to carry out said purposes, the intent being for the District
to recover not less than the exact costs of such transportation.
District shall approve the construction schedule and
City shall require sufficient security from the contractor to
insure prompt execution of the work. Both parties understand that
construction may take longer than one year but City shall insure
that contractor, in no event, shall take more than one and one-
half years to complete construction of the detention pond facilities.
c. Little Dry Creek Improvements.
The City agrees to construct improvements generally
in conformance to Sellards & Grigg Report No. 75019-44 dated
February, 1978 , excluding the options to construct upstream dams.
(Exhibit B) .• h City recognizes the need and desirability of
providing open space and a pedestrian and bicycle link between
the District's property and the South Platte River. The City
intends to develop appropriate routes in the vicinity of Historic
Little Dry Cr k for such a link. Further, City recognizes th
need to improv the general app aranc of downtown Englewood and
intends to d v l o p aesthetic standard th t re p opl ori nt d
-7-
•
I
I • •
•
•
• •
with landscaping and open spaces applicable to both public and
private development in the City and consider ordinance changes
to accomplish this goal.
d. Alterations.
With the exception of the interim facilities and
initial completed construction of the storm water detention area,
the City will not make or permit any alterations or additions to
the premises or place any additional structures, facilities or
equipment on the premises without the District's prior written
approval. The City shall submit plans for minor remodeling to
the Board of Education for approval. No major remodeling will be
permitted that would preclude the District's use of the real
property for its general purposes prior to this Agreement. Upon
termination by City of the above-described easement in said
property, City shall restore or replace any portion of the premises
damaged or otherwise affected by such alterations, additions,
structures, facilities, or equipment, unless such restoration
repair was waiv d by the District at the time approval was given
for such additio n or alteration. The District shall approve
construction schedules and the City shall require sufficient
security from contractor to insure prompt execution of work.
e. Facility Expenses.
The City shall pay (1) all license, use, or other
fees; (2) all water, electricity, sewer, or oth r utility or
service charges; and (3) all other operating and construction
expenses in connection with the construction, us
nd maintenanc
of that portion of th afor said property used a a storm water
detention area.
-8-
•
~ I •
I •
•
•
• •
-----
f. ~.
The City ~ill comply ~ith •11 applicable federal,
state, county, municipal and other la~s. ordinances, rules and
regulations relating to all or any part of the follo~ing, (i)
the Premises, (ii) the OPeration Of the facility conducted thereon,
<iii) the maintenance of the Premises, and the City shall refrain
from Using the Premises in any ~ay in violation of such la~. ordinance, rule or regulation.
g.~.
The City ~ill keep the Premises free Of all liens and;
or claims to be Placed on the Premises, for ~hatever reason, to be
removed Within 30 days after the City has knowledge of such lien,
and the City agrees to release, indemnify and hold the District
harmless from and against such liens and/or claims. h. ~.
The Ci ty ~ill, upon termination of its easement in
Said Property, surrender the Premises to the District, in a good
order and condition, and ~h en applicable, in comPliance ~ith the Provisions Of Paragraph 5(d).
The District may make improv ... nts and undertake construe-
tion on tho •hove-described Property so long as such improvements
•nd conatruction do not reduce the capacity ot the site for storo
water detention or reduce its hydrologic 1 ffici ncy for s id
PUrpose. Th Diotrict •hall r 9u ot Of th City its PProv 1 nd
th City •hall not Withhold PProv l Provid d th Propo d construc-
tion nd i"Provem nt satisfy th storm vat r d t ntion r Uir nts
h r in. Th 0 trict•s us Of th Pro rty for to Pr
-9-nt Pur-
I • •
•
•
• •
·---·~·--------------------
f. Compliance with Law.
The City will comply with all applicable federal ,
state, county, municipal and other laws, ordinances, rule s and
regulations relating to all or any part of the following: (i)
the premises; (ii) the operation of the facility conducted thereon;
(iii) the maintenance of the premises ; and the City shall refrain
from using the premises in any way in violation of such law,
ordinance, rule or regulation.
g.~·
The City will keep the premises free of all liens and/
or claims to be placed on the premises, for whatever reason, to b e
removed within 30 days after the City has knowledge of such lien;
and the City agrees to release, indemnify and hold the District
harmless from and against such liens and/or claims.
h. Surrender of Premises.
The City will, upon termination of its easement in
said property, surrender the premises to the District, in a good
order and condit ion, and when applicable, in compliance with the
provisions of paragraph S(d).
6. COMPATIBLE USE BY DISTRICT.
The District may make improvements and undertake construc-
tion on the above-described property so long as such improvements
and con atr uction do not reduce the capacity of the site for storm
water detention or reduce ita hydrological efficiency for said
purpoa e. The District shall request of the City its approval and
th City shall not withhold approval provid d th proposed construc-
tion and improvem nt satisfy the storm w t r d t ntion r quirements
h r in. The District's us of th property for ita pr sent pur-
-9-
•
I • •
•
•
• ..
~~·~------------------------
poses as athletic field and for subsequent compatible uses approved
by the City shall be deemed dominant and accommocated by the City
if possible.
7. INSURANCE.
The District shall continue its insurance coverage on the
real property described herein during its use of the property for
its general purposes.
The City shall, in addition, include the above-described
real property in its insurance coverage for loss resulting from
the use of said property as a storm water detention area for
liability in excess of the coverage maintained by the District,
at the City's expense. Said excess coverage shall be obtained and
kept in force during the term of this Easement Agreement and shall
include, ~ ~. a comprehensive public liability insurance
coverage, insuring the District and the City against any liability
arising out of the use, occupancy and maintenance, and all areas
appurtenant thereto by the City in excess of coverage provided by
the District. The City shall deliver to the District, prior to
right of entry, copies of policies of insurance required herein,
or certificates evidencing the existence of such insurance with a
loss payabl claus satisfactory to the District. No policy shall
be cancellabl or subject to reduction of cover g
8. BINDING ON SUCCES~ORS AND ASSIGNS.
The terms and conditions of this Agreem nt sh 11 b binding
on the aucc aaora and aa igna of both p rties her of.
-10-
•
I •
•
•
• ..
9. REMEDIES UPON BREACH.
In the event of breach of the terms and conditons hereof
by either party the other party shall be entitled to specific
performance of this Agreement or, in the alternative, the non-
breaching party shall be entitled to damages suffered as a result
of the breach. The District may not revoke or cancel this
Agreement in the event of the City's breach but must resort to
the remedies herein provided.
IN WITNESS WHEREOF, the District has caused these presents
to be executed by the President of its Board of Education and
attested by the Secretary thereof, and the City has caused these
presents to be executed by the Mayor and attested by the Di r ec t or
of Finance ex officio City Cl e rk-Tre asurer.
ATTEST:
Secretary
ATTEST:
SCHOOL DISTRICT NO. 1,
Arapahoe County, Colorado
By ________________________________ ___
President o f i ts Board o f Educ atio n
CITY OF ENGLEWOOD, COLORADO
a Colorado Municipal Corporation
By~~~~~~~~~~~-------Eugene L. Ot1s, Mayor
Gary R. Hig bee, Dire c t or of F i nance
ex officio Ci t y Clerk -Treasurer
-11-
•
I •
I .
-
•
•
• •
RE SOLUTION NO.
SERIES OF 1982 ____ __
A RESOLUTION ENDORSING THOMAS R. EGGERT FOR CHAIRMAN OF DRCOG.
WHEREAS, Thomas R. Eggert has been a distinguished and out-
standing leader in Arapahoe County government; and
WHEREAS, Mr. Eggert has s u pported the effor ts of DRCOG and
worked vigorously as a member of DRCOG.
NOW, THEREFORE, BE IT RESOLVED BY ThE CITY COU NCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
That the City Council of the City of Englewood supports
Thomas R. Eggert for chairmanship of DRCOG.
ADOPTED AND APPROVED this lst day of February, 1982.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Hi g bee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the a~ve is
a true, accurate and complete copy of Resolution No. ~
Series of 1982. --~----
Gary R. H1gbee
•
I .
-
•
•
• •
RE SOLUTION NO. S?
SER I E S OF 1 98 2 ____ __
A RESOLUTION ENDORSING THOMAS R. EGGERT FOR CHAIRMAN OF DRCOG.
WHEREAS, Thomas R . Egge r t h as b een a distinguished and o ut-
standing leader in Ara pahoe County g overnment; and
WHE RE AS, Mr. Eggert h as s u ppor t ed t he efforts of DRCOG a n d worked vigorously as a member o f DRCOG.
NOW, THEREFORE, DE I T RESOLVED BY ThE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAD O, AS FOLLOWS:
That the Ci ty Co un c i l of t h e City of En glewood s upport s
Thomas R. Eggert for cha irmanship of DRCOG .
ADOPTED AND APPROVED this lst day of February, 1982.
At tes t:
Eugene L. Ot i s, Mayor
I, G ry . H1q • ex officio City Cl rk-Treasurer of th
City of Engl wood, Colorado , hereby certify that t h e above is
a true, accurat and complete copy of Resolution No . S: Series of 1982. ~~---
Gary R. H1gbee
•
I •
-
--
•
• -
----------------------------,
•
C 0 U N C I L
DAT E
January 27 , 1982
C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT . S~x-Qua r ter Budget
Januar y , 1982 to June, 1983
I
,/
I NITIATED BY
ACT ION PROPOSED
City Manag e r
Co nsideration i n ado p ting a Resol u tion of the Six-Oyarter
Budget -January, 19 82 thro ugh Ju ne , 19 8 3
BACKGROUND
The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the
summer of 1973. The essense of the Six-Quarter Budget is that the City has a
continuing budget which extends one and one-half years into the future . Every
quarter, the City Council reviews and analyzes this budget, and if projects
are delayed due to unavoidable circumstances, they are dropp d back in this
budget , while projects ready to go are mov d forward. The most current r venue
forecasts are used and , if additional funds become available, specific projects
could be mov d forward and completed ah ad of schedul or a new or emerg ncy
project could be added.
1982 CHANGES
Road and Brid& project which is th City annual str t maintenance program for
overlaying and seal coating s tre ts w113 incr as d by $40,186 in th ls t quarter
bringing Lh Lotai proj<!ct to $340,886. Thill in reas i due to r vised estimat s
from Arapah County tax r fund in th Road and Brid account. The 1982 budg t
show d $97,500 r fund which ia now proj t d cob $137,686.
prop rty w purch ~~~~~~~~~~~~additional $10,000 ia
to pay $1,000 for appraisals and court r cordin
the xistin structur and filling in th baa
for $75,000 rom Fug tl t
ing dd d in th 1st quart r
and $9,000 for molition of
match th ground 1 vation.
lteaolution No. 6 of 1982 pau d by City Coun il tran. f rr d $1,267,907 from
Gen ral Fund to PIF. Tho funds hav b n re ppropriat d co th ff ct d proj ts
and ar available for exp nditur • How v r, th att ch d Six-Qu rt r Budg t
do a not r fl ct thb b cauae the Appropriation Paid To Oat nd celllb r 31,
1981. Th traneferr d fund• vill b part of th March 1982 Six-Quart r Bud t •
•
,I •
I •
•
•
• •
--~.~--~~~~--------------------
-2-
1983 CHANGES
The 2nd quarter funding waa appropriated in accordance with the 5 year PIF plan
in the 1982 Budget. $300,000 was placed ·in the Street/Sidewalk District and $100,000 went to Little Dry Creek.
RECOJollfENDATION
The attached Resolution awarding the Public Improvement Fund is presented for your consideration.
•
I .
RESOLUTION NO. __ gL-. __
SERIES OF 1982
•
• •
A RESOLtrriON AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood, Colorado, desires
to make certain changes within the Public Improvement Fund;
N~, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows:
Section I. The following estimated revenues and appropriations of funds
are hereby made in the Public Improvement Fund:
SOURCE OF FUNDS:
Arapahoe Road and Bridge
Total
APPLICATION OF FUNDS:
Little Dry Creek
EDDA Walkthru -weat side
Road and Bridge
Total
$40,186
$40,186
$(10,000)
10,000
40,186
$40,186
Section 2 . The City Manager and Director of Finance are hereby authorized to
make the above changes to the 1982 Budget of the City of Englewood.
ADOPTED AND APPROVED this ___ day of ----------• 1982.
Eugene L. Otis, Mayor
ATTEST:
x officio City Clerk-Treasurer
I, Gary R. Hi b e, ex officio City Clerlt-Tr asurer of the City of Enal ood,
Colorado, do hereby certify that the abo~ and foregoing is s true, accurate
and co ~~plete copy of l.esolution No. _, Series of 1982,
Gary a . Hi&bee
•
I • •
I
• ,
SIX QUAR TER SUD~ET
JA:lU.~~Y . 1982 THRO UC~ JV.~. 19~1
EX ?. .,,.nu. 1~o.u TOTA . 1ST 2110
PROJ. APPRO. 81-.!.. BAl rsr-2r<D 3ko 4t ll 19 ~2 QTR. QTR .
a u:~: r P. T.O. P. T.O. llil.!.m. QTR . ll!!,__,_ QIJL_ QIJL_ ~· L_ 1923 ___ ~ s <CS ,<d $ 406,421 s 397 ,5SJ $ 8,823 $ 0 s 0 s 0 s 0 s u s 0 ~ 0
1,7i9,c.;J 931,967 t9.?,:~j 45,66 1 1,201,516 0 130,000 194,050 1,~l 5 ,5Co 390,300 100 .000 ts t,:cc .c :o 4,998 4 .6:;J 398 0 0 0 0 0 0 0
(' .<El 47,267 (3 ,152 2,11 5 0 0 50,000 0 50,0uJ 0 0
>ltS <E,c:o 215,850 J(?,9n 72,871 0 50,00' 0 0 50,000 0 0
ZZS,OCJ 34,367 16,54? 17,825 0 0 0 0 0 0 0
0 0 0 0 0 0 200,000 0 , JO ,OOJ 0 300,000
5<4,416 530,985 522,277 8,708 40,l eo 300,700 0 0 . 40,8So 0 0
f~.coo 95,100 S3,03J 2 0 0 0 0 0 0 0 0
70,(~ 70,367 70,357 0 0 0 0 0 0 0 0
£<8,4£0 228 ,260 2 .. 5,78! 2,479 0 0 0 0 0 0 0
!ro,c:J 282,703 2/3,313 4,385 0 0 0 0 0 0 0
Z4,c:o 24,000 16,S33 7,005 0 0 0 0 0 0 0
3,~e.1u 3,848,111 3,€4J,52? 7,589 0 0 0 0 0 0 0
7~J.;:J 395,850 310,(4! 85 ,4 09 0 0 0 0 0 0 0
1.cn,co 969,035 f.Z3 ,KI 145,691 0 0 0 0 0 0 0
I I ·
125 ,CJD 0 0 0 0 0 0 0 0 0 0 • •
~!O,C~O 567,1165 568,073 (210) 0 0 0 0 0 0 0
lC,OOO 50,000 49 ,41 2 588 0 0 0 0 0 0 0
se,:ao 25,680 25,60> 74 0 0 0 0 0 0 0
40,CJO 40,000 39,339 66 1 0 0 0 0 0 0 0 •• ~. r f ~..UI M ,. 32,000 20,000 0 20,000 0 0 0 0 0 0 0
,, ..... ....___ ·--·-......
so.~~ 0 0 0 0 0 0 0 0 0 0
!:J,?lO 0 0 0 0 0 0 0 0 0 0
2 <J,cto 1,000 81 91 9 0 0 0 0 0 0 0
I!O,CO 0 0 0 0 0 0 0 0 0 0
JO,CJO 10,000 0 10,000 0 0 0 0 0 0 0
1CJ,O.l0 0 0 0 0 IOO,O JO 0 0 100,000 0 0
rlty lM,COO 65,000 J S9 64,641 0 0 0 0 0 0 0
25,~ 25,000 24 ,583 417 0 0 0 0 0 0 0
;JO,C,'O 0 0 0 0 0 0 50 ,0 0~ SJ ,OOJ 0 0
!O,C:J 0 0 0 0 0 0 w,oo 6D,Ou J 0 0
19,2CJ 19,203 19,20 0 0 0 0 0 0 0 0 0 0 0 0 78, 9:, 0 0 r 78,9 ;0 0 0
<2,73> 22.782 22,iC2 0 0 0 0 I 0 0 0
1£ ,t;j) 16,066 Ic .c~; 0 0 0 0 l 0 0 0
7f,(~J 0 0 0 IO,C D 0 0 ( IO,O JO 0 0
__ !_l.<i 5 22,51 5 __ 2-U;i 0 0 ----2 _____ o _____ c 0 _____ o ___ o (1..;:.) T.Ji~ "ll .i~l.r;.; ~97 6,392 ~3.~/J,32J $';Oo,069 $1,330,£52 $450,701 $380,000 ~1 .050 $2 ,<65.~02 S3S3,300 $400 ,000
---
-•
•
-
•
•
• -
---------------------------------------------------------------------,
/
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE January 27, 1982 AGENDA ITEM
gf) SUBJECT ALTERNATIVE FUEL SYSTEM
INITI ATED BY Kells Waggoner. Director of Public Works "7fJ
ACTI ON PROPOSED Award bjd of $162.132.50 to Adyance fyel Systems. I nc. and
~ut horize total funds for project at $190.000.
Background
At the Council budget retreat, direction was given to proceed with the con ver sion of some of our vehicles to compressed natural gas.
On January 26, 1982, bids were received for the necessary equ i pment and kits to
convert 90 veh icl es to a dual system of fuel, utilizing compressed natural gas as the alternate f uel .
Bids were as follows:
Advance Fuel Systems, Inc.
Gas Service Ener gy Corp.
FIBA
Dual-Fuel
Additional costs for installation not part of bids :
Concr ete pad and islands
Gas service line
Electrical service line
Card control syste
Financial Implications
$162 ,1 32.50
175,425.00
177,458.00
207,796.80
$ 5,000
5,000
2,000
15,000
We would start receiving conversion kits fter award of bid, and by May 1, 1982,
we should have about 45 vehicles operational. Wh ich means that we should realize
a $48,000 savings in the departmental budgets for the remainder of 1982. This
figure is based upon an estimate that we will save 60¢ per gallon on fuel, and
at today's prices, this would mean $70,000 to $80,000 per year.
There was a transfer of $100,000 to the S rviCenter Fund for this installation.
The addition 1 monies for this award and the additional costs would come from
the dep rtmental budg ts (th $48,000 ntfoned above) and from S rviCenter
•
I • •
-
•
•
•
•
• •
--
-2-
surplus (to be repaid next year from departmental charges).
Total costs including bid is now estimated at $190,000, whereas, in the
July 23, 1981 memo to the City Manager, we were estimating $248,000.
Recommendation
It is hereby recommended that the City accept the low bid of Advance Fuel
Systems, Inc. in the amount of $162,132.50 and authorize a total expenditure
for the project of $190,000 .
•
~ I
I •
-
•
•
•
• •
TO:
Andy McCown , City Manager
f'ROM:
Stephen P. Trunck , Tr~ining Coordinator Fire Department
01\TC: November 24, 1981
SUBJECT:
1982 Fire Department Training Proposal
Our department trainine eoal for 1982 Will be to improve dOd
expand the training program that was developed in 1981, so
we may more fully increase our professional competency within
each area of responsibility . This report will address both
in-state and out-of-state training requests for variou s schools , courses and seminars.
OUT-OF-STATE
I. Nd l j O II ,J I I' i ,.,. 1\•·o~d<'~
Again this year our emphasis on out-of-state training will
be to have as many of our personnel as possible attend the
National Fire Academy in Emmitsburg, Maryland.
The National Fire Academy was opened in respon se to an in-
depth study by a presidentially appointed commi ss ion. The
primary purpo 'le of th e ac demy was "" follows: <1 ce ntrally
1ocdted r ~ide utidl facility where th linest 4Udllty educa-
tion and training resources could be provid d for develop -
ment and delivery of high priority program. Programs d -
velop d are innovative and not otherwise available ana
fi ll many of the gaps in present fir e department educ tion-
al activities. There is also the additional dv ntage of
fire personnel being brought together to experi n ee courses
in a s h red 1 rning experience wh re "cro ss-£ r iliz ion"
c n occur. Cp ci 1 f ture s of the r sid nti 1 procr r~:
-immersion
rning ln a controll d ~etting ,
-inform 1 g owth opportuni ties through xposur c and xp rtis
ccess to
expertis , r s ourc c nter of in orm tion and
•
~I
I •
-
•
•
• •
------
Page 2
1982 Fire Department Training Proposal
-specialized learning environment , with plan s for
computerized data information systems and s imul a -
tion cqulp111ent for pruc.:Lical uppll c.J Lion of leur·n-ing , and
-close proximity to the U .S . Fire Administration and
the Center for Fire Research , National Dure.1u o[ Sl:a n dards .
Th e Na t ion al Fire Academy is dedicated to raising the pro-
fessio n al level of thos e in the fir e se rvice , wi th the ul-
timate goal of reducing the life and property lo ss occur-
ri ng as a result of fire. In order to have the greatest
i mpact on our nation 's fire problem , the Academy is
committed to selecting the most qualified students who
ha v e th e greatest potential for utilizing the knowledge
and skills taught in the courses.
Acade my Stipe nd Program
The National Fire Academy will cover th cost of trdns-
po rtation to and from the Academy sit . I wil l ulso pro-
vide l•ou:.iue .Jnd cover the co:;L ol til<. iu;..L ••u~oLi u llo&l lllo&Le r·i-
als. Public law prohibits them from cov ring the totdl cost
of training; therefore, a portion of th costs while t th
Academy must be paid by the departmtnt. Th f requi red
to offset a portion of the subsistence e xpen se has bee n set
at $11.00 per day, which is ear-marked by the Academy f or
the student's fo od. We will be billed for the ppropria te
amount at the time of notification of admission.
Our department pe rsonnel wi ll be reimbursed £or travel e x-
penses incurr d in travelling to and f rom th Academy's
Resident Program. Reimbursement procedures in ccordance
with Federal Travel Regulations will be initi ted at the
time the student register s at the Academy. The Ac demy
will also provide transporta tion from transportation centers to its campus.
•
~I
I .
-
•
•
• •
Page 3
1982 rire Dcpctrtment Trainlnc Proposdl
Following is a list of the courses held at th e Academy
that we woul d like to have o ur pe r so nn el attend:
A. Hazardou s Material s I ~nd II
This course is for fire personnel who may bPcome
involved in u hdHdrdouc lllillerials incid e nt or in
the inspection of occ upancies or vehicl es c ontain-
i ng hazardous materials. It provides the ba s ic
kno wl edee required to e valu~te the potential hilHurd c
and behaviors of materials con s idered as hazardou s
for one or a combination of reasons. The cour s e is
directed at the underlying reasons for certain
recommended action s , with the hope that thi s know-
ledge will lead to imp roved de c ision making a nd
safer operations and handling. The cour se addresses
the chemistry sections of NFPA 1021, fire Officer Pro-
fessional Qualifications, fire Officer I . We would
like to send several line personnel to this two-week course .
U . lncitl<'u l ('ummuud 1 o~utl I I
c .
This course is a series o courses within the Emergency
Incident Management curriculum . The course is desig-
nat d to pro v ide the stud•nt with an underst nding of
comp l e x firegro un d tactics nd fire operations . Emph ~i~
will be eiven to th ~tudy of multiple company opera-
tions, with focus on the utilization of av ilable and
prospective re!.our ~v iu com!.utinr. multiple compdny
fire opcrdtions. e wou d lik to send bath Batt lion
Chiefs and Lieut en nts to thi two-week course.
,. j f'C' I' ('4 . " ('II l j 011 !. Jll c I i '1 I
I I
This course is on of cours s within the
fire Prevention nd Hi k Mandu~ment Curriculum . Thi
co urse is design d to m t the prof ssional developm nt
needs of th Fire Prev ntion Specialist (II); i.e.,
Fire Insp ctor (I), by providing th skills nd biliti
necessary to conduct t chnic 1 fire inspections .
of study includ property cla!.~iflcation; storag /h I
transportation o fl mm bl nd co bustibl liquid
compr d and i ui led ga s; protection o speci
h z rds; review and m intenance of fire protection equip-
m nt/ y t ms nd in t 11 tion; m intenanc nd u of
he ting nd cookin equipm nt. Thi is t wo-w k cour
•
I •
-
•
•
• •
Page 4
198 2 fire Dcp..JPtmcn l Tr.d nine Propo :.; .. d
D. Ex ecucive Development III
Provide ::; <.~n opportunity !"or chi..,f..; und c ldl'l lir-..,
officer,; to expand 1:hclr monur,..,r l<.tl <.l!JJH'O<.tch ..,::; <.tnd
improve the effectiveness of their organizations
through kno wled ee of current manaRement hinkinr und pr<.~ctic c:• .. Mc~joJ• ..;uLjccl ._., . .., .. ,, iuLluJ.., II~<· ''""''t:iu~.:
senior officer role and responsiLilitie s , Juture
trends in American communities, policy formulacion
and plannine , legal dimension s of he fire ~c rvice,
Juuu'"'C'-'"'"'" l or lJu"''"'" anc.J phy;;icul re,;ourc"'"', J><'r-:.ou'"-'1
management , and fire deparcment effectiveness dnd
productivity. We plan to send our three Administrative
Bactalion Chiefs co this two-week course.
E . Educational Method ology II
An end-user course designed co p repare fire ~ervice
personnel as designers dnd developers oJ curricul um,
and implemencors of education dnd training programs.
This course idencifies the components of a cypical
traininr, pro~:rarn, nd will provid,• r,)jlll.!ro .. witl• llr •
li L!CL!!J<.ury Pl<.~uniue . '''-'~Cu l 'C IJ i "''. wr ·i L.iu~.:. ullc..l <'V..Jlu-
acion skills to design and successfully implement
training program for any identified need. We plan co
send our Training Coordinator or Training Captain to this two-week course.
F. Fire/Arson Investigation
l'rovlc.Jc :, l••u.luine I or• Jl<:t •:.o'"'"J JJJ•iruur•ily r·..,~puu~lLl ·
for the lnvestiBation of fire-related incid nt s . Thi s
in-depth cours deo.Jl::; with methods of conducting leg<.~l
fire investigations to achieve successful pros cution
for arson. Includes clas~room inscruction and "hands
on" pplication co acquire J..nowl dge and experienc
from accual building burning, scene ex min tion, nd
case d velopment. Th course len th is thre we ks.
W plan to send che new shift inv tigators nd our
new r. pt in in fir Inv s iga ion.
Vu to th extr ly reo.J~On<.~L
educ tion 1 Len fit, w pl n to
onn 1.
co~t nd th xc ll nt
nd t n to tw lve p r-
COST Cl , oo.oo
•
oi'
I •
•
•
•
·' •
Page 5
1982 fire Departm e nt Training Propou~l
II . fire Department Instructors Conference
This is the International ~oc iety of rirc ~crvic0 In-
:.; l co u c to co:; An 11 u" 1 Con 1 c r.., 11 c e , h.., 1 <.J i n M.., 111 p h i :.. , 'J' ~· 11 1 "' .. :.. • e .
We will send the Chief of the fire Department or the Training Chief.
Pr.ior lo lhc vpcnine o1 lh.., ca ul cr·enc.;c, c1 pr'-'-cuuJ '-''''-'"'-''-'
se minar on Building Constr u ction fire Tactics will be
prese nted by frank Brannigan, who is regarded as an out-
Gtd nding dUthor.ity on th.i:; vitul :..uL j~.;ct. Th.i:.. y~·ut' 1,...,
will concentrdtc on two types of build.incs with Pudicu11y
different tactical problems . These are low-rise combusti-
ble multiple dwellings and fire resistive building s -both mid-rise and high-rise.
The conference offers over 18 speakers, 40-plu s pro-
fessional seminars and participants lrom all acroc:.; the
nation. In addition to m<.~ny ~eminars, dn exhibition h..Ill
is open with approximately 130 booths, numerous pieces of
fire apparatus, miscellaneous other firefighting equipment--
all represented by over 100 exhibitor:.;. The :.;c cxhib.it:;
provide conler~11cc dltcndc1ntu with c1n Update on new equip-
ment and products being used in the fire service.
('(t ,,'l' 1 d If J • 0 II
•
I .
•
•
• •
Page 6
1 9 8 2 I' l r 0.: lJ c: pur l Ill 0.: II l 'J' r' ...1 j IIi II/.: I' ro 0 p 0:.; u l
IN-STATE
I . £M S
Ou r emereency medical ser vice is responsible tor over
70% of our emerge ncy responses and trainin e to cope
wirh thi s hieh rate of incident:; i ~ r•ec.:elv,.d o~L t wu l e v e l s :
1. Paramedics
Th e dep..J ·rtm •nt':.; I'.Ou l "' Lu l.,v,. eii',I.L ,·v" (J U ) p,,, ..... _ medic ~ urr lh t:: lin <: Lo mun two Pescu..., u nl L ~ untl pr•o-
vide fi ll-in for vacations, sick , ere . Three per -
s onnel will atrend the 400-hou r 14-w eek course clt
S wedi sh Medical Ce nter. With three additionJlly
"trained perso nnel, we will have some margin for
attrition or promotion, as well as sa vin g on our overtime budget.
a . cosT 3 ,ooo.oo
Confere n ce
Dealing wirh violence will be the theme for the
1982 Rocky Mountain Regional Emergency Medicine
Co n fere nce. Borh as potential vi ctim s and u;;
lr •lpe;·~ Lo Lh c vlc..tlml~ctl, Pdl'urll die:.; mu::.t con-
tinu;: to provide Putlent Cure in an utmo:;pherc
oi humanity and co ncern. The symposium on vio-
lence is desirnt·d to rrov i dc i n :;ll'h L i11 Lo wlru l
emo.:r·eetr(.!y ""''''-' i>r'ule::.:.. iuu..rl:.; ""n do lu lruntllu
the viol enr P.:ttienr , the v 'c tim of violence and
the families of both. The sy mpo sium will feature
P•ln0! on'''"""'· I '''"I .. ,''"''';,_ i•·•llru i iJ,~y
ullu ui '-''-'U .;..lu ll~ IJ il • ...,j I -u..., I '-'II,._,, m 'Ill l hcul th
uppro,Jch•:;, :.uic..icl,, "V•ll utiurr , ·•L'Xu,;l "--~uUlL und Olhero relulud LOJ'i'-'~.
In addition to lire ~Yml>o m on vio ence i~ u
c linical sympoLium, Th cli nic l sy mpo si um
offers form 1 podium pre nr tion , c s s tudi y•
round-tub! di;..c.:u:.:;lon:;, ufltl p <ICticum:; in clini-
cal topics o currun t int r st . Th <~culty L.
composed ot loct~l ::.p ci nd other ch lleng-
ing speak r dr wn from ucroy~ th nt~tlon :...
e Pl..w Lo ~1u t1
CO T $ oo.oo
•
I • •
II.
•
• •
·-------------~-----------.·
Page 7
1982 fire Department Training Proposal
b . Advanced Cardiac Life Support
This lwo-d<..~y cour·:....., 1:. f'l.!<JUlt'l.!J Ly Lutlt Llil.!
Colorado Departm~nt of Hedlth dnd S wedl~h
Medical Center to remain certified as a para-medic .
We have budgeted for ten personnel .
4!..0 .00
2. Emergency Medical Technician
tr
A.
The department will be entering into new continuing
education program, which will require mandatory continu-
ing education for all E.M .T. personnel. We will still
need to pay for new personnel <Jnd their L<..~:...lc cour~'-',
as well as some refreMher couvses. There will cilSo be
some material and instructor costs for our continuing education course .
0 T $1,~00.00
a. EMT Ascocl.:~tion of Color<..~Jo 'fr<..~iuinc Conlct'l.!UCl.!
This conference offers scmlndrs on :...uch divur:...u m<..~tarldls aM: sadrc h and rescue, EMT tralnlne cil
oll level:::, CPR ln:::tructof' ,Jnd 1\dv<..~uccJ J'i""l 1\lJ
Ju:...tructor CertlJlcdtlon. n addition to th
100-plus classes scheduled, th r will be many
exhibitors showing their products r 1 ting to
our EMS involvement.
cou s
l n • r u
w.ill eo
co ... T ,. ... ., !.0. 00
t 11 levels in varlou~
h ~ardou toto ial ~ <..~ df'Dnc ~~
Uonv r rea dt th Co!or do Train-
Tho co:...t l~ ~~!J.UO vu pc ~ou dUd wu
our lin per onn
COST 150.00
•
I • •
-
•
•
• •
Page 8
1982 lire Department Traininc Propo col
B. International Fire Service Training As sociation Seminars
This international ~~sociatlon will hold ~u vut~l
sem.indr:.; in the Deuvcr•. ol"eu, <.1:.. in the past. They
offer a variety of courses pertaining to instructing,
leadership, management, etc. We do not have definite
confirmation as to 1 ·nP,lh uud uuml.Jur ol clo .. ;.u.;; IJuw-
evcr , we intend to :;end several oi our personne to these seminars .
CU:JT J~u .uu
C. National fire Prevention Association Se minar s
This organization will hold locally a variety of semi-
nars dealing with topics such as life safety , fire codes, etc .
COST $ 450.00
D. fire Command School
E.
The main topic explorctl .in thi:.. ~chool i:.. •.Hl oflico..r '~
f"re ground management. There is a series of evalua-
tions to determine an officer's leadership and manage-
ment style on the fire ground. An emphasis is placed
on communicdtion and decision muking. The ovjectiv
is to up~rad nd improve utiliz<.~tion of thcs tech-
ul •tuc .. UIHJL·r• ~lt c:..:... We plou lu ~euJ unc L.ieulen~nl p r s hill.
COST ; 840.00
Instructors Courses
ci ic courses lly covering
initi 1 fire t c
high rise firelicht.inc
mundg ment
Th goul~ ofth to provid
form tion nd exp rience in ire department
tr tion. It al o p rticip nts to v lu te
their pr ~ nt s ill~ in m n e m nt nd dmini~t tion,
plus provides particip nt with the tools to deve op
fire d p rtment pl n. We h ve budgeted:
CO~T • ~ ~00.00
•
I •
•
•
• •
Page 9
1982 Fire Department Trainine Proposal
F. National Fire Academy Outreach Program
The National Fire Academy offers academy cours s to
the nation's fire service community at the ,;lut e Jnd
local levels. A distinct characteristic oi thi s pro-
gram is its foc us on addressing local needs and coordi-
natinc the development and delivery of fire-reluled
trainin8 ul the local lev el . In the 1Y82-UJ year ,
the South Metro Fire Academy has been chosen as the
site for the outreach program. (This is our joint
trainine fc~cility.) £ach proeram consi s t ~ of one or
more course s , and each course covers two days of train-
ing. The multiple courses are offered concurrently
on weekends, thereby increasing opportu nitie s for our volunteer s to attend.
COST $ 100.00
G. Breathing Apparatus S pecialist Training
This course is designed to teach the general operating
principles, c re, maintenance, testing, repair, limi-tation ~, :...duty fcc~ture:; .:~nc.l tle1:r~:e of prutectiou ul
variou s types of breathing apparatus. The students,
through various evolutions, gain confidence in the
breathing apparatus and their ability to function and
use the apparatus in simulated fire and smoke situations.
COST
Ke~p~ctfully s umitLed ,
$ 485.00
~.~~~
T r c~inin Coordinat o r
IllS
H. Brom n
rire Chie
•
I •
-
•
•
•
• •
Page 10
1982 fire Department Tr~inlnc Propoc~l
SUMMARY OF TRAINING EXPENDITURES
OUT -OF-STATE
I. National fire Acudcmy
II. Fire Department Instr uct ors Conference
TOTAL
IN-STATE
I. E.M.S.
A. Paramedic School
1. Keystone Emergency Medic
Conitorenc
2 . Advanced Cardiac Lif Support
2. Emergency M dical T chnici n
a. E.M .T. Associ tion ot Co orado
Training Conference
II. Other DepdrtmcnL Tr~ininu
A. Hazardous Hat ri ls
B . International Fire Service Training
Association Semio rs
C. National fire Prevention Association
Semindr:;
U. l".it·c towm.JII<.l ~chool
E. International Soci ty of Fire S rvice
Instructors Course
f. National fir Academy Outreach Program
G. Br athing Appar tus Speci li t Trdining
TOTAL
TOTAL BUDGET
•
$ 1 ,900 .00
!>00.00
$ 2,400.00
$ 3 ,600 .00
900 .00
450 .00
1,500.00
750.00
150.00
3!>0.00
4~0.00
U4U .OO
200.00
100.00
485.00
$ 9,775.00
$12,175.00 I •
-
•
•
• •
y [)
M E M 0 N A N D U M
TO:
Andy McCown, City Manager
I' ROM:
Robert N. lfolmcs, Chief of Pol icc
DATE:
December 1, 1981
SUU.JECT:
1982 POLICE DEPAirJ'MENT TNALNING I'I!OI'OSAL
CI1Y ,,,,\:J .~'";_,. :, j,,·:·.~
ENGL i' 000 The training proposal for the pol icc department for 1982 reflects a nee<.! to
respon<.l to new challenges. Our people w.ilJ be calle<.l upon to develop new
skills to combat today•s ever changing crime problems. The training proposal
illustrates the department's need to remain flexible and, at the same time, maintain previously successful training programs.
GENERAL DEPARTMENT CONTINUING IN-SERVICE TRAINING PROGRA,\IS
Training Bulletin
The department will continue to publish a semi-monthly training bulletin for
the purpose of familiarizing our personnel with recent trends in oper:•tional
techniques, recent supreme court <.lccisions, changes in state statutes ant~
municipal ordinances, and promote better understand ing of department policy and procedure.
Firearms: Pistol Trainin[
'fhc police pistol training continues to be a high priority in the training
program. A new pistol training course is being developed which wi I I ~norc
c losely simul..,tc comb'-'t s hooting conditions. It i s anticip..,tcd that the
Arapahoe County Law Enforcement Co-op Pistol Range will be opcr..,tional in the spring of 1982.
Shotgun Traini~ Cost $4,500
We will continu to prov1de shotgun training at Foothills Gun Club approxi-mately four times e ch year .
Co t $1,500
•
I .
-
•
•
•
• •
-2-
HECIWJT TRAINING
Rmo;, <r•ioiog i• " "'"'""'Y roqoirooo"' <>«bli>hod by """ low roqoi ''"'
that every peace officer be certificJ as having met the training requirement s
within one year of appointment. Training consists of 400 hours (10 weeks) of
classroom training and 40 hours of on-the-job training. The training must be
received through an accredited pol ice training acaJemy. The Jepar-tmcnt currently
oli li '" <ho Col orodo /.ow lo foroomoo I 'J>oi o i "' Aoodomy ood rho RogiooOJ Low lo for co rnent Training Academy. The cost is presently funded by the state.
PATROL OFFICERS
With the implementation of the police department's extensive crime prevention
program entitled "SPACE" (Self-Protection Against Crime in Englewood), patrol
offi ''" wil 1 <oooi "' <ho 1" "" io fo ~" li o., oo ho•o "od bo, """ "'"" 'Y .,,,.,.,,., They must be preparcJ to participate 111 the crime prevention program.
Cost $ 500
E•oh offioor will "''''' " roo,,, oo "'''''"''''' •od Homan Rrl•<ioo, for Polioo
Officers. This course is intended to teach the officers nuts and bolts methods of emotional and psychological survival .
Cost Sl,ooo
'"" offiorr Will "Hood ""'" '"''"' <o brt<rr oqoip <boo for dooliog Will> <ho resolution of conflicts which may not be criminal but, rather, civil in nature;
i.o., do•••<io <ooflior,, borh f.,ily •od orighborhood, l•odlord-<roru,, ''''"''' and buyer-seller disputes .
Cost S 500
All offioor, will"'''"'''"''''' ol"'''' whioh will ioforo <hro of ooooroo• '''"i''' available to victims such as shelter care and counseling for battered wo.en,
oooo•oli og '''"i<o for "''''"' of ••••1 •••••lr, od fioru.oial ''''''"'' '""''•blo to cri• victims.
Cost
Sclor<od offioor• Will ''''"'"'<roo, •hor'-'''" roo,,,, offo"" '' <h Colorado
Law Enforo,,.,, Traioiog Acad.,y od by rho Rogiooal Low Enfororo or •••ocl•<ioo . These courses r nge in c ost fro• $25.00 to $60 .00 p r n .
s 00
PolJ c
An investi& tor exhibitin& th ry artutl
1z d co•posite rtist trainina t Colorado Stat Un1v
th d p rt~nt with the cap bility of • kin& v lu bl
d riptions of cri•in 1 off nd rs n n fort to id
Co t $ 750
nt w111 b prov1d d sp ci 1-
"f'hj course will prov id
u o witnes nd victi•
ntify th unknown a ail nt .
Co t S !>OO
•
I • •
•
•
• •
-3-
Analytical Investigat i on Me thod s
An investigator will attend a cours e des i gned to e nable the inves tigator to
rec ognize sophisticated crime organi zations s uc h as those which op e rate under
the guise of legitimate business.
Cos t .$ -ISO
White Collar Crime
Several inves tigators wi II be given in s truc tion in inves t iga t ion of hu,.,tn css
f raud , comput e r theft, and busines s /consum e r r e lated offens es.
Cost $ 5 00
Cr i tnin a li s ti cs Tra i n i ng
Further speciali z ed tra i ning will be need~d to insure adequate knowledge o f
the latest techniques of examining and evaluating physical evidence.
Cost $ 650
ANIMAL CONTROL TRAINING
Wi th the iapleaentation of new euthanasia methods, the animal control officers
wi ll require specialized tra i ning conducted by a veter i narian. Th is tra i ning
wi ll qualify the department to purc hase, and our personne l to use,controlled
drug s which will be utili zed to e uthani z e sick, i njured, and unwanted animals.
Co s t $ 460
SUPERVISORY TRAINING
Sup erv i sory training will be provided to all f i r s t l i ne s upe rv i sors f or the
purpose of improvi ng the i r management sk i ll s i n the a reas of evaluat i on o f
s ubord i nates, motivat i on of personnel, and i n f luencing the work ethic.
Co:.t $ 500
StJI'I'ORT SI:RVICI.S TRA J INC ;
Tr•un1n~ w1JI be prov1dcd to the merab rs of th :.upport :. rv1cc d1v1sion in th
areas of nh nc1ng th r ords systca, aa1ntcn n c of r cord , and improv d rad1o d1 patching t chn1qu s.
Cost $ so
•
I .
•
•
• •
-4-
MANAGEMENT TRAINING
One division chief will attend the International Association of Chiefs of Police Conference iu Atlanta, Georgia.
Cost $1,000 o,., lioo<oooo I, •ho P'O>Oo<Iy ooo '"'"" lc• I ho Ci >i I Oo foo" ood '~ '"'''"Y
Proporodoo., fooclioo•, •i II 'llood o coo"' i o Cci';, "'"'''"'"' io S•o Loi, Obispo, California.
Two division chiefs will attend the FBI ational Academy Associates Fall Retraining Conference in Cheyenne, Wyoming.
Cost $1,000
The Chiof of Polico Will •<<eod <he Coloc•do Chief, of Polieo •••ocio<ioo Conference.
Cost $ 600
Cost $ 400
~SERVE OFFICER TRAINING Cost $ 600
A ••••eve officoc lcoioiog ocodemy •ill bo co odo c<cd foe oil ocwly 'Ppoio<ed
reserve officers. This acauemy runs two nights a week for eleven weeks utilizing in-house and guest instructors. o cost.
Addi<ioo•lly, •e•e••l •hoc, lcoioiog clo,,,, •ill bo oo odo led dociog <ho
co urse of the year to assure proficiency of our Reserve Officer Unit. o cost.
Tho •••ocvo offiooc •hoo<iog pcogc,. •ill ooo<iooo <o '"'"' qool'''""lioo and proficiency by all reserve unit members .
TU lTJO REIMBURSEMENT Cost $ 250
S•••r I ,.,.,,, of <h ,..,.,., '' ff ro <ioodiog •chool, of highoc '""'''''"
and, '"''"'"' <o <ily PDlioy of p r<i 1 coiabur,..,,., of <oi<ioo oxpeo,e, <ho es timat d cost of reimbursement will b :
Cost $4,000
•
I • •
•
•
• •
-5 -
OI!GAN f ZATIONAL MEMB Eil SIJJ PS
Memberships in as s o c iat i on s a nd groups arc necessary if the departme nt is t o
maintain a sati sfacton• l e ve l of knowledg e of law enfor·ccmcnt probl e ms :tnd a
good working relationship wi th other agen c ies. Several members of the depart-
ment have taken an active role by assuming leadership positions in many organi-
z ations; i.e. , Colorado Chiefs of Pol icc Association, F. B. I. Nationa I Academy
Ass ocia tcs, Oenver-Metro ltobbcry lntc IIi gcncc Association, Colorado Luw Enforc e -
ment Officers Association, Colorado Association of Auto Theft Investigators,
International Association of Chiefs of Police, and the Regional Law Enforcement As sociation.
Cost
Cost of Out-of-State Schools
Total Training Cost
$1,000
$2,600
$22,210
Again this year, every effort will be made to gain maximum benefit from all
tralni.ng by requiring attendees to conduct classes for other department
personnel to share the knowledge acquired .
l!obert R. llolmes
Chief of Police
~f:-.::6~,,
Adm i ni s trative Oivi s ion
•
I • •
•
•
• •
------------------------------------------------------------.
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
January 28, 1982
AGENDA ITEM
9 (a) (i)
INITIATED BY Ci t y Council
SUBJECT APPOINTMENTS TO CTTY
COUNCIL ADVISORY BOARDS
ACT ION PROPOSED Appointments be confirmed by City Co uncil to
various City Council Advisory Boards
DIRECTIVE
It is the recommendation of City Council that appointments be made a s follows:
Board of Adjustment and Appeals
Reappointment of HOWARD BROWN (3183 South Race Street) to a four-year
term of office commencing February 1, 1982, expiring February 1, 1986.
Election Commission
Appointment of BARBARA P. JACKSON (3540 South Pearl Street, 1104) to
a four-year term of office commencing February 1, 1982, expiring
February 1 , 1986. 7 S'I ·S33S /I.A0'>..c_. 0..3 -S3:J.I , 1 ~
Fireme n's Pension Board
Appointment of TIMOTHY M. O'BRIE (2160 East Eastman Avenue) effective
immediately to an unexpired term of office which will expire
February 1, 1984. 7 ;'9 -..:?<t'~::-/,n,
Planning & Zonin g Commission
Reappoint•ent of THAD CARSON (3990 South Jason Street) to a four -ye r
term of office c ommencing February 1, 1982, expiring Febru ry 1, 1986.
Appointm nt of WALTER STOEL (2921 South Downing Street) to four -y r
term of office commencing February 1, 1982, expiring Febru ry 1, 1986.
Appointment of HART D. GILCHRIST (2338 East Floyd Av nu ) ffective
March 1, 19 2, to an un xpir d t rm of office which will xpirc February l, 1983.
•
I •
•
•
• •
Page 2
Agenda Item 9 (a) (i)
Public Library Board
Appointment of WILMA ANKRUM (3920 South Galapago Street) to a four-
year term of office commencing February 1, 1982, expiring February 1, 1986.
Appointment of DEBBIE DIX (3141 South Vine Street) to a four-year
term of office commencing February 1, 1982, expiring February 1, 1986.
Retirement Board
Appointment of JOEL G. ROY (3035 South Corona Street) to a four-year
term of office commencing February 1, 1982, expiring February 1, 1986 ..
7 6 I · 'Y f/7 9 h -t!-y•<..-pl ~'j.u( ,.f.. /?.. '0-<. ,dr Urban Renewal Authority . U v
Appointment of ROBERT J. VOTH (55 West Girard Avenue) to a five-year
term of office commencing February 5, 1982, expiring February 5, 1987.
Appointment of LAWRENCE M. NOVICKY (3 655 South Delaware, N311) to
serve as Alternate Member of Authority with no voting power, effective February 5, 1982 .
Water & Sewer Board
Appointment of ELEANOR HAVILAND (2105 East Dartmouth Circle) effective
immediately to an unexpired term of office which will expire February 1, 1986.
Appointment of SCOTT C. COOK (3455 South Logan Street, N303) to a six-
year term of office commencing February 1, 1982, expiring February 1, 1988.
Appointment of JO LAY (4695 South Lipan Street) to a six-year term of
office commencing February 1, 1982, expiring February 1, 1988.
Rehabilitation Loan Committee
Appointment of ROBERTA WILSON (1 411 East Cornell Place) to serve as
Co un cil 's appointee to this Housing Authority committee.
•
I .
City Council Meeting-Regular
February 15, 1982
•
• •
0
0