HomeMy WebLinkAbout1982-05-17 (Regular) Meeting Agenda•
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City Council Meeting -Regular_
May 17, 1982
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CITY COUNCIL MEETING
~17 ,,.__;lc..;9_:8;...:;2~~~~~~~
RESOLUTION # ,2'3, 24, 25, 26, 27
ORDINANCE# 26, 27, 28, 29, 30
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 17, 1982
1w u tll I
7 :30 P.M . Call to order, i n vocation by Bf hop Phillip W. Nolen ,
Church of Jesus Christ of Latter-day Saints, Engle -
wood Ward , 999 East Tufts Avenue, pledge of alleg i anc e
by Bo y Scout Tr~op #92, and roll call.
c.C v /~
1 . Minu t es .
(a) Minutes of the special meeting of April 26,
1982. (Copies enclosed .)
(b) Minutes of the regular meeting of May 3,
198 2. (Copie s enclosed.)
2. Pre-Scheduled Visi t ors . (Please limit your presen t a -
tion to 10 minutes .)
3.
4.
5 .
/
Ot her Visitors .
t o 5 minutes.)
Public He a ring.
(Pleas e limi t yo ur presen t at ion
1 1 7L
Coll'lllunication s -No Action Recomme n ded.
(a) Minutes of the Housing Authority meeting of
March 24, 1982. (Copies enclosed .)
(b) Minu t es of the Downtown Development Author ity
meeting of April 14 , 1982 . (Copies enclosed .)
(c) Minutes of the Planning and Zoning Commission
meeting of April 20, 1982. (Co p ies enclosed .)
(d) Minutes of the Urban Re n ewal Authority m ting
of April 21, 1982 . (Copi s enclosed.)
() Minutes of th Liquor Liens Authority m tin
of May 5, 1982 . (Copi s nclos d .)
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Page 2
May 17, 1982 Agenda
5. Co11111unica t ions -No Action RecoU111ended (Continued).
(f) Memorandum from Division Chief Frazier of the
Englewood Police Department to Assistant Director
of Finance Lowry concerning a beques t to the
Englewood Police Department . (Cop i es enc l os ed.)
6 . Cotmnunications -Action Recotmnended.
(a) Letter from Robert M. Brundage, 4140 South Huron
r;J Street, to Mayor Otis and Members of City Counc il
concerning his resignation from the Board of
Career Service Cotmnissioners . (Copies enclosed.)
(b) Council Cotmnunication from the Public Library
Advisory Board concerning an award of contract
for consulting services and related appropriation
of funds. (Copies enclosed .)
7 . City Attorney.
Ordinances on Final Reading .
(a) Ordinance creating Paving District No. 28 in
the City of Englewood, Colorado, ordering the
construction and installation of street paving,
curb and gutter and sidewalk improvements
together with necessary incidentals, on cer tain
streets and avenues; providing for t he issuance
on bonds in payment for said improvements ; and
settin g forth other details in connec t ion with
t he District . (Copies enclosed .)
(b) Ordinance approving a contrac t f or mun ic i pal
serv ices to permi t other g overnmen t a l e n tities
to use the En gl ewo od Anima l Shelter. (Copies
enclosed .)
Proclamations .
(c) Proclamation proclaimin g May 23-29, 1982 as
Public Works Week. (C op i e s e_nclosed.)
(d) Proclamation proc laimi n g KeRda y, Ma.¥--lJ , 1982
as "Buddy Poppy Day." (Copies enclosed.)
0th r Matters.
() M mor ndum concern i n g revising th Engl wood
Criminal Co d . (C op ies e n clos d.)
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Page 3
May 17, 1982 Agenda
8. City Manager.
9.
(a)
(b)
Council Connnunication from the City Manager
concerning a Resolution relating to Title II
Funds. (Copies enclosed .)
Council Communication from the City Manager
concerning the award of the Belleview Park
Pump Station Project. (Copies enclosed.)
(c) Council Communication from the City Manager
concerning the award of the McLellan Reservoir
and Englewood Golf Course Fencing Project.
(Copies enclosed.)
(d) Council Communication from the City Manager
concerning the award of contract for the
construction of the West Oxford Avenue Golf
Course Turn Lanes . (Copies enclosed.)
(e) Council Communication from the Department
of Community Development concerning considera-
tion of a new official Seal for the City.
(Copies enclosed .)
(f) Manager's Choice. -(//)7/..., ../ /l )IU?lla ,
~c du dn"l"'/ 1 -~ ),_ ""r/'l. d:< C<. P4-w
General Discussion. -.t uJ. /77 ,;1J..t
rf /31t (I -l
(a) Mayor's Choice. ,/
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(b) Council Member's Choice. -~,(_ l 1. ['u r (•1 >' "-"'.I«,"' C
I Lt 1 ,t ~ I :• , ~ < ,, .I >'-t [1.L 1 I~
10. Adjournment. ./Y) j h u i cJ d [ t< { /1:u_
-;{_Jf 1tfvlt1u <' »,111~,,.t,
( I i /) ) 'I' I ~ I. } i & i J; f1 l
()~??tdun
AND C COWN
Ci Manager
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Moved Seconded Ayes Nay Absent Abstain
~,oaav
Neal
Fl tznat rick
Weist
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hiodav
Neal -
V Fltznatrick
Wei s t --
Bi lo ,.,.. Bradshaw
Otis -
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• I • •
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday
Neal
~ Fitzoatrick
Weist -
Ri lo v Bradshaw -
Otis -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday -c..--Neal -
Fitzoatrick -Weist -
Rilo
1,/' Bradshaw -
Otis -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday
Neal
Fl tzoat rick
Weist
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Na y Absent Ab s ta l n
Hlgday -Neal
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Wei s t
Bi lo -V Bradshaw -
Otis -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HI nr1ay
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FitZPatrick
Weist
Bi lo
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Moved
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ROLL CALL
Seconded Ayes Nay Absent Ab s ta · ,n
H1oda11
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ROLL CALL
ved Secon ded Ayes Nay Absent Abstain
H1o dav ·-
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&. F l tzoatr i ck -Wei s t -Iii lo
V Bradshaw -
Otis -
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ROLL CALL
Moved Seconded A yes Nay Absent Abstain
H1aaay ~
Neal
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Weist
Ai lo -1.,,-~ Bradshaw
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
V H1gday -
L,/ Neal -
Fi tzoatrick
Weist -Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqday
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Weist
Bi lo
Bradshaw
Otis
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ROLL CAL L
Move d Seconded Aye s Nay Absent Ab sta i n
HI n, av
Neal --
Fltzoatrick
Weist -
Bi lo
Brad s haw -
Oti s
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hiodav
Neal -Fl tzoatrick
Weist
Bi lo .......---Bradshaw
Otis \
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1odav
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Fi tzoat rick
Weist
Bi lo
Bradshaw
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qdav
Neal
Fltzoatrick
Weist
Bi lo
Bradshaw
Otis
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Ayes Nay Absent Abstain
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1adav
Neal
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Weist -Bi lo -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlodav
Neal -
V Fl tzoatrick
Weist -Bi lo -...... Bradshaw
Otis -
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• I • •
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hloday
Neal
Fltzoatrick
Wei s t
Ri lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Ab s tain
H1Qdav
Neal
V Fltzoatrick
Weis t
Bi lo
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqdav
Neal -
Fltzoatrick -Weist -Bi lo
Bradshaw -
Otis -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Htgday
Neal
Fl tzoatrick -Wei st
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HlgOay
Neal
Fl tzoat rick
Wei st
Bi lo
V Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
I / H1odav ·-
t.,.--Neal -
Fi tzoatrick -·~
Weist _::,...
Bi lo
Bradshaw
Otis -
• I • •
•
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday -Neal -
Fitzoatrick
Weist
Bi lo
Bradshaw -Otis -
J
I • •
•
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday
Neal
Fl tzoat rick
Weist
Bi lo
Bradshaw
Otis
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• I . •
•
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
v Hlndav ·-Neal
Fltzoatrick -Weist -Ri lo --
V Bradshaw -
Otis -.-7 (~ ~ (!.,c ~
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Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal
Fitzoatrick
Weist
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
AA< H1Qdav
Neal
~ Fi tzoatrick
Wei st
Bi lo
V Bradshaw
Otis
• I • •
•
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• •
• I • •
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•
•
•
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
RTncfay
Neal
Fl tznat rick
Wei st
Ai lo
Bradshaw
Otis
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• -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
L...-H1odav
V Neal
Fi tzoat rick
Weist
Bi lo
Bradshaw
Otis -
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S PECIAL MEETING:
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Council Chambers
CITY OF ENGLEWOOD, COLORADO
April 26 , 1982
The City Council of the City of Englewood, Arapaho e
County , Colorado , met in special session on April 26, 198 2 , 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 Mayor Otis.
Mayor Otis asked for a roll call. Upon a call of th e
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis .
Absent: None.
The Mayor de cl ~red a quorum presen t •
• • • • • •
Also present were: City Manager Mccown
City Attorney DeW it t
Director of Publi c Work s
Waggoner
D puty City Cl erk ...:a kin s
• * * • • •
COU CIL ME MBER BR ADS HAW MOVED TO OPE N TH E PUBLIC HFAR ING
ON PROPOSED PAVING DISTRICT NO. 2 8. Co un cil M mb r F i zpat r ick
s conded th motion . Upon a call of th r oll , h voe r esul ed as
follows:
Ayes: Council Members Higda y, N al , Fitzpat r ick ,
Weis , Bilo , Bradsh w, Otis .
Non .
Th Mayor d cla r ed h motio n ca rr ied .
ayor O ls gav op ning r ma r ks b y s a lng Cou n cil wa
w re o! h economic i mp c bing p l c do n h pr o pe r y o wn r
h dis ric is p ss d . Mayo r o is s t a d Co un cil has b e n
s udyin o se he financial bu r d n. Mayor O Is a a ed
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April 26 , 1982
Page 2
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the district was still in the proposed stage. The purpose of the
hearing was to hear from property owners who did not speak at the
first hearing . Mayor Otis stated Council was considering the let -
ters and petitions protesting the district. Mayor Otis stated
changes have already been made to liberalize the assessment defer-
ral process.
Council Member Neal asked the City Manager to review the
a nticipated changes in regard to the City picking up additional
cost s.
City Manager Mccown explained the changes were i n react io n
o the first public hearing; in particular, the costs to the pro-
perty owner . Mr. Mcco wn stated Council discussed picking up a ll
staff costs involved in a district and all other costs not normally
budgeted. This would amount to approximately $90 ,000 . This wou ld
lo wer square footage costs to the property owner. Mr. Mccown
stated this was the first time Council has ever chosen to subsidize
a paving district.
Mayor Otis asked for comments from the audience.
Lee R . Jones , 2740 South Cherokee, appeared before Coun-
c il. Mr. Jones stated the citizens still prefer to delay the pro-
j ct f o r one year even though Council proposes to pick up addi-
io nal costs . Mr. Jones stated due to the interest rate being
so high at this tim , the reduction in the property owners' costs
would not offse the expense that mu c h. Mr. Jones added most of
he prop r y o wn rs in he district would still have to use h
assessmen defe rr al program.
Virgil Thomas , 3810 Sou h Lincoln , appeared b for
cil . Mr. Thomas sated he apprecia ed th lo w mill levy in
Ci y. Mr. Thomas s ed his public hearing was
ing up and pro s ing ha th ci iz ns do no
p ving dis ric • Mr. Thoms asked Council o
e dis ric . Mr. Thomas asked who need d h
!ford i nd if h cos s were jus ified .
he Unit d M thodist Church ,
Mr . Simon referr d
no sign h firs
Mr. Simon c lled at-
•
h distric whi ch
rs. Mr. Simon
s mos of the I • •
April 26, 1982
Pag e 3
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people are saying the improvements would not be of benefit. Mr.
Simon quoted a statement made by Council Member Higday whi c h a p -
peared in the Sentinel, April 14th, regarding the assessment s get-
ting out of proportion and the protests having more credence than
those of past districts. Mr. Simon stated the church paid for the
improvements on Mansfield because they were of special benefit o
the property; but these proposed improvements in Paving Distri c
No. 28 would not be of any benefit.
John Bagley, 3074 South Logan, appeared before Council.
Mr. Bagley agreed with Mr. Simon on the matter of the improvemen ts
being of no special benefit to his property. Mr. Bagley stated
he failed to see how it would benefit his property by making it
more of a raceway. Mr. Bagley stated his family will not go out
in the front yard because of the traffic and the harrassment by
drivers. In response to Council Member Bradshaw's question, Mr.
Bagley stated he had no ideas on how to pay for the remaining 151
of the streets that needed to be paved.
Norita Hathaway, 3095 South Cherokee and 3143 South
Cherokee, appeared before Council. Mrs. Hathaway stated in ligh
of the consumer price index going down, she was willing to wai
one year or two years before the project was started. Mrs. Hat h-
away stated if at that time, if feasible, do the rest of the 151
at one time, or repair the streets on a need priority. Mrs. Ha h-
away stated the block at 3095 wa s in good shape. The 3100 blo c k
was bad and should be done with a 3 " standard o hold up. She
sated she has obse rved h ridership or RTD on So u h Cher o ke e
and Sou h Acoma . Sh obs rv ed v ry f w po le on South Cherok
nd none on South Acoma. Mr • Ha ha way agr d wi th Coun il M m-
b r Bradsha w ha here was an ed o fo r e wa r n people of upcom-
ing paving distric s .
John Hor on , 2757 Sou
Mr. Hor on st ted hen ver rec
co n c erning he construe ion of
f c tha the crown was oo hi
w s being recons rue ed was
h Logan , app ared efore Council.
iv d he answers o his ques ions
Sou h Logan. Mr. Hortons a ed h
hand was he reason why he
isfac ory .
results .
h h
Mr.
him o
wher
Council M mb r Bradshaw sta ed Council had received h
sat d he found 4-5" of bl
did no dig d ep nough o
call d h Ci y Man ag r's offic o in orm
r d in h R AD R'S DIGEST, April issu ,
ing recycl d n ligh of he cos o aaph l
I • •
April 26, 1982
Page 4
•
• •
Clark McKay, 3096 South Logan , appeared before Co uncil.
Mr . McKay stated the street did not need widening . Most o f the
residents were retired and on fi x ed incomes , and the assessment s
would be a fina n cial burden .
Larry Dic k i n son , 3171 South Cherokee , appeared before
Council. Mr . Dickinson suggested completing the remaining 15% of
the streets at one time under fair and equitable interest rates
for the rest to avoid inflated costs of asphalt. Mr. Dickinson
also suggested taking an average of the cost of asphalt from 1956
to the present, making allowance for current interest rates , and
average out a fair share for everyone. Mr. Dickinson stated he
lived with his great aunt and the income was too high to meet the
guidelines for assessment deferral; and the assessment would be a
hardship faced with re-evaluation of property next year. Mr.
Dickinson opposed the r ndum selection process of choosing
streets.
Robert Cra ig , 4556 South Acoma, appeared before Council.
Mr. Craig submitted a petition containing 19 signatures of people
in the 4500 block of South Acoma protesting the improvements. Mr.
Craig stated the people would share in costs of overlay .
Council Member Higday responded the City staff checked
his possibility and d termined i would be a waste of money based
on he present deterioration of the street. Mr. Higday stated th
samples indicate no base course and 2 " of asphalt.
Mr. Craig sta ed he had looked at the ordinance dated
June, 1950 tha ann xed th area to Englewood from Arapahoe
Coun y. Mr. Craig stated h street was shortly paved after th
annexation.
Council Member Higday s a
nance and found no conditions ha
care of hes r et. Mr. Higday s
a hat ime according o st ndard
would no be d quate.
ed he had also read he ordi-
s ated he City would take
t d h s r was no pav d
and tha was why an ov rlay
Pat Liman , 3012 South Logan, app ar d before
Mr . Limn sta d th resid nts ar not in r sted in
Sou h Logan nor would thy park on on sid if that
h ppen. Mrs. Liman sat d 50 o th horn own rs re r
M ny resid n ar still paying for s re improv m n
m n Mrs. Liman sat d in h summ rtim car rac
bou h Logan and widening i would only make ma
Counc 11.
wid ning
re to
ir d .
ass s -
up and down
Mr s . I • •
April 26, 1982
Page 5
•
• -
Liman asked what would keep Logan from going one-way all the way
north and Broadway one-way all the way south. Mrs. Liman stated
people ca n park in their drive ways and asked that South Log an not
be widened.
Council Member stated the matter of Logan being desig-
nated as one-way has not been discussed.
Mrs. Shank, 3606 South Acoma, appeared before Council.
Mrs. Shank stated she could not see the need for repair of a side-
walk that has one side higher than the other and no cracks when
the side wa lks were crumbled in the 3500 -3700 blocks of South
Bannock . Mrs. Shank stated she already has had the repair work
done. Mrs. Shank stated she was paying for other assessments and
asked what they were for.
Council advised Mrs. Shank to contact the Engineering De-
partment to find out what specific assessments she had been
charg ed.
Elsie Hume, 2720 South Logan, appeared before Council .
Mr s . Hume stated her block was not being widened even though she
suffe red the traffic. Mrs. Hume asked how many people were
deferring payment.
Council Member Higday stated tha information wou ld de-
p nd on how many apply.
Mrs. Hum es at d many p ople in his area are re ir d
nd on fixed incomes. Mrs. Hum ask d Council o look a hen ed
firs before se ting up paving dis ric s in he u ure.
Wards a ed
d s ric on
M yor O is naw rd h prop r y own r g s th di -
r nc •
Mr.
I • •
April 26 , 1982
Page 6
•
• -
Mr . Ward suggested putting the rema1n1ng 15 % in a dis-
trict on a special accelerated pr ope rty tax to pay their fair
sha r e . Mr. Ward wanted to delay the district for one year and
de velop a program to do three districts at a time, accelerat e he
tax and one which would notify the property owner at least two
years in advance of a proposed district .
Mr. Neal stated the City hires e ng i n ee r s wh o are men of
integrity and qualified to do their j ob and a third party inspe c -
tor was not necessary.
Mr. Ward contended a 3rd party ins pec tor would be an
outlet for citizens to question the proposed improvements .
Dale Black , 5007 South Grev~ appeared before Council. Mr.
Black stated he was not at the last meeting. Mr. Black asked if
there was another method of repair of side wa lks other than re-
moving and replacing the concrete .
Mr. Diede stated if the concrete is displaced vertically
and not broken, one can mudjack it to raise the one side. If the
stone cracks in the process, then it would have to be replaced.
Mr. Diede stated the offse can be 1/2 ".
Mr. Black stated he had two with hairline cracks.
Coun c il M mb r Higday r qu s ed staff tor c h c k Mr.
Bl a c k's s idewalk.
y o wn r of 27 4 0 a nd 2720
db o r e Council . r.
2200 -,100 Un io n
d h
•
Cou n cil.
r s do
I • •
April 26, 1982
Page 7
•
• -
he was builder and small developer who developed the subdivision in
this area called Centennial South. Mr. Koza stated his concern was
not the cost to him because he already agreed to pay for any curbs
and gutters but more for the people who have bought homes from him
and knew nothing of this proposed street being put through.
Mr. Diede stated when the property was subdivided, the
City told the developer the street would have to be in a paving
district some day. Mr. Diede stated he would have to check the
record, but he thought the developer was required to widen the
street on his side with the improvements of the homes that go in-to Clay Court on Union.
Mr. Koza stated he would discuss this matter with the
Engineering Department outside the public hearing.
Mayor Otis declared a recess at 9:05 p.m. Council re-
convened at 9:20 p.m. Mayor Otis asked for roll call. Upon a
call of the roll, the following were present:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Absent: None.
Mayor Otis declared a quorum present.
Mayor Otis asked for additional comments regarding the proposed paving distric •
Zane Ronte, 3168 South Cherokee, appeared before Council.
Mr. Rones a ed he had jus purchased his home in Augu st and his
mon hly paymen was $1,000. Mr. Ronte stated an assessment for
s ree r p irs would be a hardship. Mr. Ronte asked if Council had
any control over RTD rou es b cause RTD traffic would cause the
s ree o d teriorate fas er and n d r pair again.
Council M mb r Fitzpatrick sated one a stre has been
distric it Is th Ci y's r sponsibility to main ain the
ts th re ft r. Council M mb r Bradshaw added th Ci y has no
say wi h RTD on traffic pat rns han do h cl iz na on these rs.
Mr. Nor on, 3087 South Log n, ppear db fore Council .
Mr. Nor on a a ed the improv men a will not increase h v lu of
the prop r y bu will decreaa i • Mr. Nor on at d th a re I • •
Apri l 26, 1982
Pag e 8
•
• -
was in good shape even though tests indicate differently. Mr.
Norton stated the proposed widening would resu lt in a squeez ing
effect and would not be good. Mr. Norton asked that the distri ct
be delayed five years and think about it.
Debbie Bagley, 3074 South Logan, appeared before Council .
Mrs. Bagley stated the resident will not benefit from the proposed
improveme nts. Mrs. Bagley asked if the street was widened wh at
wou ld happen to the existing utility poles.
Mr. Diede stated the street lights would go behind the
side wa lk.
Mrs. Charles Flynn, 3720 South Lincoln, appeared before
Council. Mrs. Flynn stated the street was in good condition. Mr s .
Flynn stated the improvements will increase traffic flow. There
woul d be s peeding and someone would get hurt.
Jean Wilkins, 2764 South Cherokee, appeared before
Council . Mrs. Wilkins stated the assessments would create a
financial burden for her. She stated she was a single paren t with
two small children. Mrs. Wi lk i ns stated she had no questions of
the in ent about keeping streets paved but her more urgent concern
was keeping her children fed. She stated it was impossible o
tak on an extra debt at this time . Mr s . Wilkins asked that the
distric be postponed until the economic picture changes.
Juani a Weave r, 271 4 West Union, appeared befor e Council.
Mrs. Weav rs at d from Deca ur to Sa nta Fe there are no small
children. Mrs. Weaver sta ed she and her husband opposed the dis-
ric because h re was no foot traffic . Mr s . Weav er sta ed ther
was in-yard parking.
Mr. Di des ated curbs and gutters are proposed on h
north side bu not sidewalks .
Mary Jae son , 2998 South Logan , appeared b fore Council.
Mr • Jacksons a ed new side walks and gutters were installed when
Ba s-Logan Park was built. She was assessed last year for Cornell
improv m nts. Mr • Jackson opposed paying assessmen s this year
nd as d reconsidera ion (or widening South Logan.
Th r w re no oth r comments at this im •
M yor O is asked if there was anyon pr s nt wish ing o
speak in favor of h paving distric • Threw re non •
•
I • •
n
p-
April 26 , 1982
Page 9
•
• •
Mayor Otis asked if there was anyone wishing to make
ad ditional comments at this time.
Austin Johnson, appeared before Council. Mr. Johnson
stated he owned property on West Bellwood. Mr. Johnson asked if
Council would accept his sons (one who worked for Ready Mix in
Castle Rock and the other one who did co ncrete work at Ken Caryl)
doing the sidewalk section in front of his property.
Mr. Diede stated the deadline to get a permit to do the
work was June 1, and the work must be completed by June 23.
Director of Public Works Kells Waggoner stated the person
living in the home must be the one to do the concrete work; other-
wise the person has to be bonded or licensed in Englewood to do the
work.
Deputy Clerk Watkins read the following letters and/or
petitions of prote st i nto the record:
A letter from Mr. Larry L. Ellis, 2948 Tanforan, dated
Mar c h 26 , 1982 .
A letter from John & Loretta McKelve y, 27 91 South Logan ,
no date.
A let er from Donna Weitzel , da ed Apr il 14, 1982 .
A letter from Mr. & Mr s . Ron Schro r , 2745 South Cheroke ,
dated Mar ch 31 , 1982 .
A letter from Richard Shields , 2721 Sou h Logan , da ed
March JO , 1982.
Peti Ion containing 22 igna ur s prot sing lmprov m n s
on Sou h Logan .
A 1 tr from Faris L. Kos rm n , 2801 South Ch rok e,
dat d April 23, 1982.
P tition containing 10 sign ur s protes ing improv -
ments a 3800 block of Sou h Acoma.
Th r wer no furth r comm n a.
• • • • • •
•
,
I • •
-
•
•
April 26, 1982
Page 10
•
• •
COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING.
Co uncil Member 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 •
* • • • • •
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
Mayor Otis adjourned the meeting without a vote at
9:38 p.m.
•
•
I • •
n
-•
• •
Council Chambers
CIT Y OF ENGLEWOOD, COLORADO
May 3, 1 982
lb
REGULAR MEETIN G:
'Th.e City Council of the City of Englewood, Arapahoe
County, Colorado, met in Regular session on May 3, 1982, at
7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
'Th.e invocation was given by Council Member Thomas
Fitzpatrick. 'Th.e pledge of allegiance was led by Mayor Otis.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Memb ers Higday, Neal , Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Absent : None.
'Th.e Mayor declared a quorum present.
* * * * * *
Alo pres nt w r City Manager Mccown
A
Assistant City Manager Vargas
Assistant City Attorney Holland
Dir ctor of Engineering S rvices
Died
Deputy City Cl rk Watkins
* * * * * *
IL MEMBER 8110 MOVED TO APPROV TH MINUTES OF
TING OF APRIL 5, 19 2. Council M mber rad1haw
ot ion.
DSHAW HOV D TO AMEND THE MOTION AND
TH GUI.AR H ETI C OF APRIL 5, 1982.
nd d h ion. Upon c ll of th roll,
r 1ul d •• ollowe:
re Hidy, al, itz patric
Bndeh , 0 la. I • •
In
May 3 , 1982
Page 2
Nays: None.
•
• •
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the origina l motion
resulted as follows:
Ay s:
Nays:
Council Members Higday, Neal, Fitzpatr ick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor decla red the mo tio n carried .
* * * * * *
COUNCIL MEMBER BRADSH AW MOVED TO APPROVE THE MINU TES OF
THE RE GULAR MEETING OF APRIL 19 , 1982. Council Member Bilo sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Abstain:
Council Memb rs Higday, Neal, Wei st,
Bilo, Bradsha w, Otis.
None.
Council Memb r Fitzpatrick.
Th Mayor i clar d the mo ion carried •
• • * .. * *
v1sl or, Mrs. Mar ie Kinca id , was pre en •
he Engl wood V •• w. Po t 322 Auxiliary
nd Cou ncil wi h hr e flag , one for he
m n , one he Fire D partm n and one for th
M yor O 1
Mrs. Kincaid.
Mr • Kine id
op y Dys and ask d
*
cc p he l gs and x end d appr elation to
ave Mayor O ia a proclama ion concerning
or Council ona d r ion.
* *
•
I • •
•
May 3, 1982
Pag e 3
•
• •
Pre-scheduled visitor Robert A. Burce, Director, Center
for the Improvement of Public Management, University of Colorado at
Denver, was present. Mr. Burce explained a training seminar that
his agency offers to public officials. Mr. Burce stated this
seminar compli mented the CML-sponsored seminar.
Mayor Otis stated Council would discuss this invitation
among hemselves and let Mr. Burce of their dec ision.
* * * * * *
There were no other pre-scheduled visitors.
* * * * * *
time.
Mayor Otis asked if there were any other visitors at this
Beverly Howe, 3255 South Delaware, appeared before Coun-
cil . Mrs. Howe expressed her concerns that the Gothic Theatre was
showing X-rated movies again.
Assistan City Attorney Holland stated the zoning ordi-
nance passed by Council prohibits the showing of X-rated movies by
the Gothic Theatre. Mr. Holland stated the Police Department has
conducted a,investigation and issued court citations to the o wner
and manager. Mr. Holland stated he was going to request action by
Council ~gains h Th atre later in this meeting.
Cou ncil M mber Fitzpatrick encouraged Mrs. Howe to call
the City AL orney's office wi h any evidence she might have on the
Gothic and o inform the same o anyone she migh know who is
holdlng information on the Go hie Theatre •
• • * • • •
•communica ions -No Action Recommend d• on the agenda
were:
(a) Minu Board of Ad justment and Ap -
peal of Mar ch 10, 1982.
( ) Mlnu s of Urban Ren wal Au hority mee -
Mar ch 10, 1982.
(C) th D nv r Regional Council of
ing of Mar ch 17, 1 82.
•
I • •
May 3 , 1982
Page 4
(d)
(el
( f)
(g)
(h )
•
• •
Minutes of t he Boa r d of Career Service Com-
missioners me eting o f March 18, 1982 .
Mi nutes o f the Plannin g and Zoning Co mmission
of April 6, 1982.
Mi nu te s of the Water and Sewer Board mee ti ng
o f Apr il 1 3, 1982.
Minutes of the Public Library Board meet i ng of
Apr il 1 3, 1 98 2.
Municipal Court Activ i ty Report for the month
of March, 1982.
COU NCI L BILO MOVED TO ACCEPT •co MMUNICATIONS -NO ACTION
RECO MM ENDED, AGENDA ITEMS SA -SH. Council Member Neal se c-
onded he motion . Upon a ca ll of the ro ll , th e vo t e resulted as
follo ws:
Ayes:
Nays:
Coun cil Member s Hi gda y, Nea l , Weist ,
Bi lo , Brad s haw, Ot is .
No n e.
The Mayor d ecl ar e d t h e mo ti on car r i ed.
* * * * * *
City M nag r Mccown presen ed a Council Co mm unication from
h Planning and Zoning Commission meeting of Ap ril 20 , 1982 con-
e rning the finding of fact for an amendment of the Co mprehensive
Zoning Ordinance 22.4-10 and 22.4-11. Mr. Mccown stated this mat-
er would r quire public h ring by Council.
COUNCIL BRADSHAW MOVED TO RECEIVE THE FINDING OF FACT ON
CASE 7-82. Co uncil Member Fitzpatrick s conded the motion. Upon
c 11 of h roll, th vot resulted s follo ws:
Ay a: Council M mb rs Higday, N al, Weist,
Bilo, Bradshaw, 0 is.
N ys: Non .
Th Meyo d clued he 0 ion cerri d.
* • * * • *
•
I • •
I1
-
•
•
May 3, 1 98 2
Pag e 5
•
• •
City Manager Mccown presented a Council Communication from
the Water and Sewer Board concerning the cleaning and cement lining
of t he existing water main on South Broadway. Mr. Mccown stated a
major story in the newspaper would be run to let people know work
was going to be done on South Broadway.
COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CLEAN-
ING AND CEMENT LINING OF EXISTING WATER MAIN ON SOUTH BROADWAY TO
AMERON PIPE LINING DIVISION IN THE AMOUNT OF $153,882.50. Council
Member Fitzpatrick seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager Mccown presented a recommendation from the
Parks a nd Recreation Commission meeting of April 13, 1982 concern-
ing repairs on Romans Park restrooms.
COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR ROMANS
PARK RESTROOM REPAIRS TO INTERIOR WALLS IN THE AMOUNT OF $6,700.
Council Member Bradshaw seconded the ~otion. Upan a call of the
roll , th vote resulted as follows:
Ayes:
Nays:
Council Memb rs Higd ay , Neal , We ist,
Bilo, Bradshaw, Otis.
None.
Th May or d clared the mo ion carried.
ORDI NANC
S RI S 0
NO. 22
1982
DINA.NC CR
WOOD, COLO
* • * * •
BY AUTHORITY
*
COU NCIL BILL NO. 21
INTRODUCED BY COU NCIL
MM ILO
DISTRICT NO. 28 I
TH CO STRUCTIO N
TH CITY 0
DI N TALLATION
I • •
n
May 3, 1982
Page 6
•
• •
OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE MENTS TO-
GET HER WITH NECESSARY INCIDENTIALS, ON CERTAIN STREETS AN D AVE -
NUES; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID
IM PROV EMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT.
COU NCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 21,
SERIES OF 1982, ON SECOND READING. Council Member Bradshaw sec-ond ed t he motion.
CO UNCIL MEMBER FITZPATRICK MOVED TO
DEFER THE PROJECT FOR ONE YEAR. Council Member Bilo seconded the motion.
Council Member Bradshaw stated if the district was post-
poned it would be harder to create in the future. Ms. Bradshaw
stated it would be advantageous to take bids now and let staff
offer reco mmendations on how to handle the remaining 151.
Council Member Bilo stated even though the district is
created this year, the assessments would not be due until next year
and that should give people enough time to get the money together.
Mr. Bi lo stated if the district is deferred, then time should be
set aside to work on a method of notifying residents, evaluating
the paving district rationale, etc.
Council Member Higday not ed there a point of order
nee ssary since there were two mo tions on the floor.
Mayor O is ruled Council M mber Fitzpatrick 's motion out of o rder.
COU NCIL MEMBER FITZPATRI CK MOVE D TO AMEND THE MOTION THAT
ALL PAVING STREETS BE DELETED IN SECTIONS A AND B. Council Memb er
Bilo seconded the motion. Upon a call of the ro ll , the vote on the
m ndmen resulted as follows:
Ay s:
Nays:
Council Member s Fitzpatrick, Bilo.
Council Memb ers Higday, Neal, Weist,
Bradshaw, Otis.
Th M yor d clared he motion def at d.
COU NCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION AND DELET E
OUTI LI NCOLN FROM THE DISTRICT. Council M mb r Bradshaw s conded
h o fon.
•
I • •
•
•
• •
Ma y 3 , 1982
P age 7
Co uncil Member Hi gday withdrew his amendment and Counci l
Me mbe r Br a d sh aw withdrew the second.
COUNCIL MEMBER WEIST MOVED TO AMEND THE MOTION AND DEFER
UNT I L NEXT PROPOSED PAVING DISTRICT SOUTH CHEROKEE FROM SOUTH LIN E
OF YAL E TO NORTH LINE OF FLOYD THE 2700, 2800, 2900, 3000, 3 1 00,
3200 BLOC KS; TO AMEND THE MOTION AND DELETE THE TWO BLOCKS OF SOUT H
LI NCOLN; TO AMEND THE MOTION REGARDING THE CONSTRUCTION ON SOUTH
LOGAN AND NOT WIDEN IT FROM SOUTH LINE OF YALE TO NORTH LINE OF
DARTMOUTH AND TO INCLUDE THE SUBSIDY AS AMENDED PREVIOUSLY BY
CO UNCIL. Council Member Neal seconded the motion.
Council Member Bradshaw stated in light of Council picking
up the additional costs, she was in favor of retracting the sub-
s idy.
Council Member Bilo agreed.
Council Member Fitzpatrick disagreed. Mr. Fitzpatrick
want e d Council to pick up the administrative costs and leave it a s
wr it t en .
Co uncil Member Bilo feare d starting a precedent with th e
remaini ng 1 51 by picking up administrative costs.
Counc i l Member Higday stated the City Manager can charge
the new Ass i stant C i ty Manager with recommending new ways to do
pav i ng di st ricts . Coun c i l Member Higday recommended leaving in the
su bsidy .
Council M mb r N al s a ed Counci l has attempted in all
good f a i th to a d dress the issues b r oug h t f orth a t the public h ear-
ings and t h results ar represen d her a t this mee t ing.
Upon c all o f t h roll , th voe on the amendment r e-
sul ted as follow
th
Ay s:
N y
Council M mb rs Higda y, Ne a l , We i st,
Br dsha w, Otis.
Counc il Memb rs Fitz patric k, Bilo .
Th Mayo r d cl rd th mo io n ca rr ie d.
Dire c tor of ng n ering Serv ic s Gary Died e state d with
m ndm n a us pass d by Council a nd wi th t h s ubsidy, the
•
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•
May 3, 1982
Page 8
•
• •
total cost of the paving district would be $617,600 and the City's
share would be $145,000.
Assistant City Attorney Ho lland read the following changes
that would be incorporated in the bill as effected by the amend-
ments:
1. On the first page, last WHEREAS, the sentence should read
"WHEREAS, the Council has determined that certain protests
and objections should be granted and certain impro vements
de le ted from the proposed list of improvements, and the re-
maining protests and objections overruled;
2. On page 3, delete all of South Cherokee Street and all of
South Lincoln St.
3. On page 3, the middle paragraph should read: ·The improve-
ments constructed on So. Logan St. and West Union Ave. con-
sist of an a• compacted gravel base course and 3• asphaltic
concrete surface; the City will pay the difference in costs
which exceed the cost for 6• base course and 2• asphalt sur-
face , and the extra width cost.•
4. S ri ke "b".
5. Change •c• to "b" and add W. Radcliff Drive, W. Chenango Ave.,
w. Stanford Ave., and w. Grand Ave. under this section .
6. In Section 6., add$ 17,600 under total cost and $145,000 for
the City 's share . S rik the remaining paragraph starting
wi h •as more particularly ••• incorporated herein by speci-
fic reference.• Add the following in its place •follows :
Asphalt Paving on S reets 36 ' Wide
(6 and 2) $27.10 pr front foot
Paving of other wid hs shall b in proportion to th above
e s imate.
4• Thick Curbwalk
4" Thick Curbwalk
Vertical curb and
Sidewalk 4' wide
-Type I
-Type II
gutter
6" thick concr te slab
$21.71
$24.96
$14.44
$13.78
$ 4.34
per
p r
p r
p r
P r
front foot
front foot
front foot
front foot
square foot
All e tim tes xclude
cid ntals and int re t
he six percen ( I) for collection, in-
s provided by la w. I • •
•
Ma y 3, 1 982
Pa g e 9
•
• •
Assistant City Attorney Hol l and stated the b ill c ontains
the subsi d y . Further, h e a dv i sed Coun c il i t wou ld be n ecessary to
read the bill a t a subsequent meet i ng sinc e i t is be ing am ende d .
COUNCIL MEMBER NEAL MOVED TO AMEND THE BILL TO INCORPOR -
ATE TH E I TEMS AS SET FORTH BY THE ASSISTANT CITY ATTORNEY. Council
Member Higday seconded the motion. Upon a call of the roll, the
vo te on the amendment resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bradshaw, Otis.
Council Member Bilo.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mot i on
r esulted as follows:
Ayes:
Nays:
Coun c il Member s Hi gday, Nea l , We is t,
Bradshaw, Otis.
Council Members Fitzpatr ic k, Bilo.
The Mayor declared the motion c arr i ed •
ORDIN ANCE NO . 23
SERIES OF 1982
• • • • •
BY AUTHORITY
•
CO UN C I L BI LL NO. 29
I NTRODU CED BY CO UN CIL
MEMBE R HIG DAY
AN ORDI NA NCE PRO HIBITING METER CUSTO MERS FR OM REVERTI NG TO A
FLAT RATE ACCOUNT.
COUNCIL MEMBER HIGD AY MOVED TO PASS COUNCIL BILL
NO. 29, SERIES OF 1982, ON F IN AL READI NG. Council MeMb r Silo
s conded the motion. Upon a call of the roll , th vote re ulted
as follows:
Ay s:
Nays:
Council M mb rs Higday, Fitzpatric k,
W is , Bilo , Brad ha w, O i •
Council M mb r Neal .
•
I • •
May 3, 1982
Page 10
•
• •
The Mayo r d eclared t h e mo tion carried.
ORDIN ANCE NO. 24
S ERIES OF 1982
* * * * *
BY AUTHORITY
*
COUNCI L BILL NO. 2 3
INTROD UC ED BY COUN CIL
MEMBER BI LO
AN ORDINANCE APPROVING A CO NTRA CT BE TWEEN THE C I TY OF ENGLE -
WOOD , COLOR ADO , AND THE DE NVER REG IONAL COUN CIL OF GOVERNMENT S
FOR THE PRO VIS ION OF S ERV I CES BY THE CITY I N THE EXECUTION OF TH E
DE NVER RE GIO NAL UR BAN RUNOFF PROGRAM AND FOR REIMBURSEMENT BY THE
COU NC I L OF GOVERNMENTS TO THE CITY OF EL IGI BLE PROJECT COST S NOT
EXCE ED ING $10 ,000.
COU NCIL MEMBER BIL O MOVED TO PA SS COUN CI L BILL NO. 23 ,
SERIES OF 198 2 , ON FINA L READING. Cou n cil Me mb e r Hig d ay s econded
the motion. Upon a call of the r ol l, the vote r e su l ted a s
follows:
Ayes :
Nays :
Council Memb e r s Higday , Ne al , F i tzpatr ic k,
We ist , Bi l o, Brad shaw, Otis .
None.
The Mayor declared the motion carried.
ORDINA NCE NO. 25
SE RIES OF 1982
* * * * *
BY AUT HORITY
*
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORD INANCE APPROVING AN AGREEMENT WITH VARIOUS CITIES OF THE
COU NTY OF ARAPAHOE AND BROWN, BORTZ AND CO DDINGTON RELATING TO
D NVER/A RAPAHOE COUNTIES FISCAL FLOW STUDY.
COUNCIL ME MBER NEAL MOVED TO PASS COUNCIL BILL NO. 27,
S RIES OF 1982, ON FINAL READING. Cou ncil M mb r Silo seconded th e
mo ion . Upon a call of h roll, the vot r sulted as follo ws:
Aye I Cou ncil M mbers Higday, N 1, Fitzpatrick,
Weist, Bilo, Bradshaw, O i • I • •
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•
May 3, 1982
Page 11
Nays: Non e .
•
• •
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1982
* * * * *
BY AUTHORITY
A BILL FOR
*
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO
PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL
SHELTER .
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 28, SERIES OF 19 82. Council Member Bilo seconded the mo tion.
Council Member Higday requested to discuss this matter at
a study session.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
We ist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion ca rried.
ORDIN ANCE NO.
SERIES OF 1982
* * * * *
BY AUTHORITY
A BILL FOR
*
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDI NANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF ENGLEWOOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A CONDI-
TIONAL USE IN THE B-2 ZONE DISTRICT •
•
I •
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May 3, 1982
Page 12
•
• •
COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 30,
SERIES OF 1982, ON FIRST READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Assistant City Attorney Holland transmitted the •erief of
Defendant City of Englewood• in the matter of Oddfellows vs. City
of Englewood.
* * * * * *
Assistant City Attorney Holland discussed a grant of a
sewer easement between West Vassar Avenue and West Hillside Avenue
along the west side of Lot 31.
COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE EASEMENT
GRANT ON WEST HILLSIDE. 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, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Assistant City Attorney Holland informed Council a
settlement has been reached in the matter involving spalling
concrete in a past paving district with Western Paving.
* * * * * *
Assistant City Attorney Holland discussed the matter of
s treet d dication at the property located at 4500 South Windemer e.
Mr. Holland advised the Council to proceed on the suit of taking
i tle .
•
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May 3, 1982
Page 13
•
• •
COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY
ATTORNEY TO PROCEED WITH MATTER OF 4500 SOUTH WINDEMERE. Council
Member Fitzpatrick seconded the motion. Upon a call of the ro ll,
the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Silo, Bra shaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • •
Assistant City Attorney Holland discussed the matter of
Rosen-Novak not honoring their bid for police cars. Mr. Ho lland
stated negotiations are underway and requested authorized to file
suit if negotiations fail.
COUNCIL MEMBER NEAL MOVED TO CONTINUE NEGOTIATIONS; AND IF
NECESSARY TO FILE SUIT AGAINST ROSEN-NOVAK. Council Memb er Fitz-
patrick seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatr ick,
We ist , Bilo, Brashaw, Otis.
Non •
The Mayor declared the motion carried •
• • • • • •
Assistan City A torney Holland discussed the status of
he Soon Ye Scott, massage parlor applicant, matter. Mr. Holland
sated th re is memorandum from Rick DeWitt, City Attorney,
recommending proceeding in the case. There is an offer from the
plantiff, and this wou ld be discussed further at the next meeting.
Mr. Holland stated District Court did not reverse the decision
o f the Council . Mrs. Scott 's attorney may appeal this order as
w 11 Mr. Holland stat d.
• • • • • •
COU NCIL MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING
CONCER NIN G PERMITTING MOTOR VEHICLES IN B-2 ZONE FOR JUNE 7,
1982, AT 7:30 P.H. Council M mber Ne 1 s cond d the motion. Upon
a c 11 of h roll, h vot r sul ed s follows:
I • •
-
•
Ma y 3, 1 98 2
Pag e 14
Ayes:
Nays:
•
• •
Co uncil Me mbers Higday, Nea l , Fitzpatrick,
We ist, Bilo, Brashaw, Otis.
None.
The Mayor declared the motion c a rr i e d .
* * * * * *
Assistant City Attorney Holland stated the argumen t o f the
Ci t y vs. Career Service in the ma t ter of t he Ca r eer Service Bo a r d
inc luding t he sergeants in the bargaining unit will go befo r e
Arapahoe District Court on May 24, 1982.
* * * * * *
Assistant City Attorney Holland stated the matter o f Rocky
Mo unt ai n Acqui s itions vs. City of Englewood will be heard i n Arapa-
hoe Co unty District Court on May 24, 1 98 2.
* * * * * *
Assistant City Attorney Ho l land asked for authorizat ion to
bring ac t i on aga i nst the Gothic Theatr e i n the theatre's ac ti on of
showing X-rated movies wh ic h vi o l at e s th e zoning ordinan ce .
COUNCIL MEMBER FITZPATRICK MOVED TO AUTHORIZE THE CI TY
ATTO RNEY TO TAKE ACTION AGAINST THE GOTHI C THEATRE. Coun c i l Me m-
be r Bilo s e conded t he mo tion . Upo n a call of t h e roll, th e vote
r sulted as follo ws:
Ayes:
Nays:
Council Me mbers Higday, Neal, F i tzpatrick ,
Weist , Bilo, Brashaw, Otis .
None.
The Mayor dec l ared the motion carried .
* • * * * *
City Manager Mc co wn presented a Council Communication
co n c erning Aid To Other Agencies .
COU NCIL ME MBER BRADSHA W MOVED TO DIS PEN SE FUN DS UNDER AID
TO OT HER AGE NCIES AS FOLLOWS: I • •
•
May 3 , 1982
Page 15
I NTERFAITH TASK FORCE
ARAPAHOE HOUSE
COMMU NITY ARTS SYMPHONY
LEAGUE OF WOMEN VOTERS
•
• •
$11,500
7,000
3,500
700
AND NOT ALLOCATE OTHER UNLESS THE OTHER AGENCIES CONTACT TH E
COUNCIL . Council Member Neal seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Brashaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager Mccown presented the six-quarter budget for
the period of April, 1982 through September 1983. Mr. Mccown dis -
cussed the changes to the budget proposing various methods of fund -
ing the changes. Mr. Mccown stated because there was a reduction
in Paving District No. 28 work, the additional $65,500 would not
be needed.
Director of Engineering Services Diede requested $30,500
to do the proposed overlay in Centennial Acres.
Council decided to take the funds from General Fund re -
venues .
RESOLUTION NO. 22
SE RI ES OF 1982
Exhibit 1
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 22,
SERIES OF 1982. Council Member Fitzpatri c k seconded the motion.
COUNCIL MEMBER NEAL MOVED TO AMEND THE RESOLUTION BY
CHANGING: "UNDER SECTION 1 SOURCE OF FUNDS GE NERAL FUND TO $30,500,
UNDER APPLICATION OF FUNDS STREET ANO SIDEWALK DISTRICT NO. 28 TO
$25 ,000, TOTAL TO $30,500; UNDER SECTION 2 SOURCE OF FUNDS GENERAL
FU ND BALANCE TO $30,500, AND APPLICATION OF FUNDS PJF TRANSFER TO
$30 ,500. Council Member Bilo seconded the motion. Upon a call of
he roll, the vote on th amendment resulted as follows:
•
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May 3 , 198 2
Page 16
Ayes:
Nays:
•
• •
Council Members Higday, Neal, Fitzpatrick,
Weist, Silo, Brashaw, 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, Brashaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager Mccown presented a Council Communication fr o m
the Department of Engineering Services concerning an award of con -
tra c t for demolition of structures and site preparation at 3449
So uth Broadway and 126-130 East Girard Avenue. City Manager Mccow n
recommended the contract be awarded to the low bidder, Howard's
Used Brick & Demolition, in the amount of $18,250. Mr. Mccown
sta t ed staff has verified this company's references and they appear
to be qualified even though the City does not have previous ex-
p eri ence with them.
COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR DE-
MOLI T I ON OF STRUCTURES AND SITE PREPAPATION AT 3449 SOUTH BROADWAY
AND 126-130 EAST GIRARD AVENUE TO HOWARD'S USED BRICK & DEMOLIT I ON
I N THE AMOUNT OF $18,250. Council Member Fitzpatrick seconded the
mo ti on. Upon a call of the roll, the vote resulted as follows:
Ay es :
Nays:
Co un cil Members Higday, Neal, Fitzpatrick,
Weist, Silo, Brashaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
C ity Manager Mccown presented a Council Communication fr o m
t h e Director of Parks and Recreation and the Assistant Director of I • •
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•
• •
May 3, 1982
Page 17
Finance concerning Spencer Ballfield lighting. Mr . Mccown recom-
mended awarding the bid to Maupin Electric Co. who was the low
bidder.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE BID AND AWARD
THE CONTRACT TO MAUPIN ELECTRIC CO. IN THE AMOUNT OF $17,288.
Council Member Fitzpatrick seconded the motion. Upon a cal l of the
roll, the vote resulted as follows:
sold.
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bile, Brashaw, Otis.
None.
The Mayor declared the motion carried.
Council noted the old lighting should be auctioned off or
• • • • • •
City Manger Mccown presented a Council Communication from
the Downtown Management Committee concerning the contract with De-
sign Workshop, Inc.
COUNCIL MEMBER NEAL
DESIGN WORKSHOP, INC. WITH A
Higday seconded the motion.
resulted as follows:
MOVED TO APPROVE THE CONTRACT WITH
LIMIT OF $20,000. Council Member
Upon a call of the roll, the vot e
Ayes: Council Members Higday, Neal, Fitzpatrick,
Weist, Bile, Brashaw, Otis.
Nays: None.
The Mayor declared the motion carried •
• • • • • •
City Manager Mccown transmitted the 1981 Annual Financial
Report. Mr. Mccown commented the report indicated the City wa s in
good financial condition; however, h advised Council to take a
look at the Sewer Fund. Mr. Mccown stated a representative from
the auditing firm would be present at a study session on May 17th
to discuss the management letter • I • •
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May 3 , 1982
Page 18
•
• •
COUNC IL MEMBER FITZPATRI CK MOVED TO RECEIVE THE 1981
ANNUAL FINANCIAL REPORT. Council Member Bilo seconded the motion
Upon a call of the roll, the vote resulted as fol lo ws:
Ayes:
Nays:
Council Members Higda y, Neal, Fitzpatri ck,
Wei st , Bilo, Brashaw, Otis.
None.
The Mayo r declared the motion carried.
* * * * * *
Council Member Bradshaw inquired as to the status of the
ID Program.
City Manager Mcco wn stated the Parks and Recreation De -
partment has been authorized to proceed and he would chec k the
progress .
* • * * * *
Council instructed staff to send a letter of appreciation
to Mrs. Kinc aid for the flags.
* * * * * * COUNCIL BRADSHAW MOVED TO APPROVE THE PROCLAMATION
DECL AR ING MAY 9 -16, 1982, AS "NATIONAL SMALL BUSINESS WEEK".
Council Member Bilo seconded the motion. Upon a call of the rol l,
he vote resulted as follows:
Aye s :
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Brashaw, Otis.
Non •
The Mayor declar d the motion carried.
• * * * * *
COU NCIL MEMBER ITZPATRICK MOVED TO APPROVE THE PROCLAMA -
TION DECLARI NG "V.F.W. BUDDY POPPY DAYS". Council Memb r Bradshaw
s conded h motion. Upon a call of the roll , the vote resulted as
follows:
Ayes: Council M mb rs Higday, Neal, Fitzpatrick,
We i , Bilo, Br shaw, Otis •
•
I • •
•
May 3, 1982
Page 19
Nays: None.
•
• •
The Mayor declared the motion carried •
• • • • • •
Council Member Bradshaw directed the City Attorney's
office to prepare an ordinance requiring all boards and commis-
sion s to meet within the City Hall building and to provide Council
with a calendar of monthly meetings •
• • • • • •
A visitor in the audience requested permission to speak
concerning Paving District. He stated he lived at 2730 South Logan.
Council requested his Council representative, John Neal, District
II, to address his concerns after the meeting •
• • • • • •
Council Member Bilo requested information regarding what
imp rovements were needed at the animal shelter •
• • • • • •
Assistant City Attorney Holland stated the argument on the
water tower case was heard and it would probably take two to six
months for the court to respond •
• • • • • •
There was no further business to discuss •
• • * • • •
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN.
Mayor Otis adjourned the meeting without a vote at
9:25 p.m.
I • •
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MINUTES OF
ENGLEWOOD HOUSING AUTHOR ITY
REGULAR MEETING
March 24, 1982
5
Th e regular meeting of the Englewood Housing Authority was called to order by
Ch airman Thomas J. Burns at 5:15 P.M. at the Simon Center, 3333 South Lincoln,
Englewood, Colorado.
Roll Call
Members Present: Thomas J. Burns, Chairman
Reverend Stan Fixter
Cindy Peterson
Members Absent: Betty Beier, Vice-Chairman
Beverly J. Bradshaw
Others Present: Frances Buck Jonas, Executive Director
Linda A. Knopinski, Housing Administrator
Al VanDemark, Technical Services Supervisor
Carl Fischer, Inspecting Architect, Maxwell L. Saul & Associates
Tom Chandler, Nelson-Roth of Colorado, Inc.
Jack Buschmann, Nelson & Company, Inc.
Ann Roman, HUD Intern
Gene Luetters, President, Nelson Company, Building Contractors
Marty Weis, Superintendent, Nelson Company, Building Contractor s
Recording Secretary
Read ing and Approval o f Minutes
The minutes of September 16, 1981 were considered for approval.
~
CINDY PETERSON MOVED AND REVEREND STAN FIXTER SECONDED THE 1'1JTION TO APPROVE
THE MINUTES OF SEPTEMBER 16, 1981 AS WRITTEN. THE 1'1JTION CARRIED AS FOLLOWS:
AYES:
AYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
The minutes of th Annual/R gular
fo r pprov 1.
ting on Febru ry 17, 1982 were consider d
~
CI NDY PETERSON l«>VED AND REVEREND FIXTER SECO NDED THE MOTION TO ACCEPT THE
lNUTES OF THE ANNUAL/REGULAR MEETING OF FEBRUARY 17, 1982 AS WRITTEN. THE l«>TION
CARRIED AS FOLLOWS:
AYES:
AYS:
AB SENT:
BURNS, FIXTER, PETERSO
ONE
BEIER, BRADSHAW
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Orchard Place -Status Report
Mr. Chandler stated that the Certificate of Occupancy has been issued for
Orchard Place. He stated that yesterday the Certificate of Completion Part I
was done which consisted of approximately $38,600 worth of punchlist items of
which approximately $36,000 was for the lawn sprinkler system and landscaping.
Mr. Chandler stated that the final walkthrough was done yesterday afternoon, and the
closing will be Friday, March 26, 1982 at 11:00 A.M.
Mr. Chandler stated that he was very pleased with the product that Brady Corporation
has given Nelson-Roth. Mr. Chandler stated that the landscaping should be done
within the next two to three weeks.
Mr. Fischer stated that there were two minor problems that will be taken care
of. One is the til in th entryway which is not satisfactory. The other is
that the master key did not work 1D the f ront door.
Mr. Fischer discussed a couple of items on the HUD construction reports of
March 16, 1982 from John Pettit that were listed as non-compliance items.
Mr. Fischer stated that all items in this report were complied with except
Item Sb and Sh. Item Sb states that specifications require 20 AMP switches at
all three-.ray locations. Mr. Fischer stated that Mr. Pettit was interpreting
the specifications and there wa s a disagreement on the interpretations of them.
Mr. Fischer stated that he talked with the engineer who wrote the specifications
regarding this matter. Mr. Dornbusch received a letter from the engineer
interpreting that the 15 AMP switches that were used were appropriate and met
the building code; therefore, on the sign-off, there will be a letter attached
stating that this item has been accepted.
Mr. Fischer discussed Item Sh which states that lead flashing of pipe vent
penetrations on the roo f have been omitted. Mr. Fischer stated that the mechanical
specifications call for lead flashing. He stated that there is now a trocale
roof system and lead flashing is not compatible with trocale; therefore the lead
flashing was omitted back in the negotiations over the specifications. Mr. Fischer
stated tbat trocale is a plastic membrane type roof. Discussion ensued.
Mr. Fischer stated that he has been very happy with Brady Corporation's performance
and that Mr. Dornbusch has been extremely cooperative throughout the project.
Mrs. Jonas discussed the Certificate of Completion which shows that all the
payrolls hav been checked and are correct according to the Davis-Bacon Act and
th t ther are no m chanics liens.
Mrs. Jonas stated that hen eds authorization to sign off on Mr. Fisch r's letter
about th thre -w y switch s, the lead flashing nd the EHA's receipt of the
as-built drawings for Orchard Place.
~
RF.VER.END FIXTER HOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE 15 AMP
THREE-WAY SWITCHES AND LEAD FLASHING DELETION AND TO ACCEPT RECEIPT OF THE AS-BUILT
DRAWl GS FOR ORCHARD PLACE, TO ACKNOWLEDGE THAT CARL FISCHER HAS EXPLAINED THESE
ITEMS TO THE EHA AND TO AUTHORIZE THE CHAIRMAN TO SIGN ACCEPTANCE OF A LETTER
FROM MR. FISCHER TO THE EHA DATED MARCH 22, 1982 CONCERNING THESE ITEMS. THE
l'llTION CARRIED AS FOLLOWS:
AY S:
NAYS:
ABS£ T:
BURNS, FIXTER, PETERSON
0
BEIER, BRADSHAW -2-
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Orchard Place -Status Rep ort
Mr. Chandler stated that the Ce r t i ficate of Occupancy has been issued for
Orchard Place. He stated that yesterday the Certificate of Completion Part I
was done which consiste d o f approximately $38,600 worth of punchlist items of
wh ich approximately $36,000 wa s for the lawn sprinkler system and landscaping .
Mr. Chandler sta ted that the final walkthrough was done yesterday afternoon, and the
closing will be Friday, March 26, 1982 at 11:00 A.M.
Mr. Chandler stated that he was very pleased with the product that Brady Corporation
has given Nelson-Roth. Mr. Chandler stated that the landscaping should be done
within the next two to three weeks.
Mr. Fischer s tated that there were two minor problems that will be taken car e
of . One is the tile in the entryway which is not satisfactory. The other is
that the master key did not work in the front door.
Mr. Fischer discussed a couple of items on the HUD cons truc tion reports of
Ma rch 16 , 1982 from John Pettit that were listed as non-compliance items.
Mr. Fischer stated that all items in this report were complied with except
Item 5b and Sh . Item Sb sta tes that specifications require 20 AMP switches at
all three-way loca tions. Mr. Fischer stated that Mr. Pettit was interpreting
the specifications and there was a disagreement on the interpretations of them.
Mr. Fischer s tated that he talked with the engineer who wrote the specifications
regarding th is matter . Mr. Dornbusch received a letter from the engineer
interpreting that the 15 AMP switches tha t were used were appropriate and met
the building code; therefore, on the sign-off, there will be a letter attached
stati.ng that this item has been accepted.
Mr . Fischer discussed Item Sh which states that lead flashing of pipe vent
penetrations on the roof have been omitted. Mr. Fischer stated that the mechanical
specifications call for lead flashing. He stated that there is now a trocale
roof s ystem and lead flashing is not compatible with trocale; therefore the lead
fl a shing was omitted back in the negotiation s over the specifications. Mr. Fischer
stated that trocale j s a plas t ic membrane type roof. Discussion ensued.
Mr. Fisch e r s ta t ed that he ha s been very h ppy with Brady Corporat ion's perf orma nc e
and that Mr . Dornbusch has been e xt reme ly c ooperat i ve throughout the projec t .
Mrs. Jona discussed the Ce r tifica t
payroll hav b en checked and r
th t ther a r e no chanics li na .
o f Comp l tion whic h shows t hat all th
c orrect acco rdin g t o the Davia-B con Act and
Mrs. Jonas s t a t e d th t s h n eds authoriza tion to sign o ff on Mr. Fis ch r's 1 tter
bout th t hree-w y s witch s, the l ed fla bing and th ERA' receipt of th
s-built dr wings fo r Orchard Plac e.
~
R .VEREND FlXTER l't>VED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE 15 AMP
THREE-WAY SWITCHES AND LEAD FLASHING DELETION AND TO ACCEPT RECEIPT O THE AS -BUILT
D I GS FOR ORC HARD PI.ACE , TO ACKNOWLEDC E THAT CARL FISCHER HAS EXPLAINED THES E
ITEMS TO THE ERA AND TO AUT HORJZ CRAI.R.MAN TO SIGN ACCEPTANCE 01' A LETTER
FRO!-! FISCHER TO T ERA DAT ED MAR CH 22 , 198 2 CO CERNING THESE ITEMS. THE
110 I£1> AS OLLO S:
YES: FIXT , PET RSO.
YS:
NT: , SRAD HA -2-
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Performance Bonds
Mr. Chandler s tated that all the items relat ing to performance bonds and the
closing on Orchard Place have been approved by HUD and the EHA's attorney, Kirk
Wickersham. The closing on Orchard Pl a ce will be Friday, March 26, 1982 at 11 :00 A.M.
Duplex Units
Mr. Burns stated that the closing on the duplex sites was Monday to transfer
them over to Nelson-Roth. He stated that the building permits will be applied
fo r soon.
Mr. Chandler introduced Mr. Gene Luetters, President of Nelson-Roth Construction
Co mpan y , and Mr. Marty Weis, Superintendent on the duplex project. Mr. Chand ler
s tated that Mr. Luetters and Mr. Weis have been out staking the lots today. He
sta ted that the building permit applications have been filled out, the bonds
have been obtained and Nelson-Roth hopes to be able to pick up the building permits
either Thursday or Friday.
Final Site Approval
Mr. Chandler stated that on the duplexes and mid-rise projects, Colorado Housing
Finance Authority (CHFA) and First of Denver require that HUD allow Nelson-Roth
to assign the Turnkey Co ntract of Sale to them for financing. Therefore, both
HUD and the EHA need t o sign off on the assignment of the Turnkey Contract of
Sale for the duplexes. Mrs. Chandler stated that Nelson-Roth will be closing
their loan on April 7th with CHFA.
Mr. Ch andler stated that there are exceptions in the title policies for the dup lexes
that were waived. The First of Denver requires that there be a waiver of title
exc e ptions if they are not going to affect the project. Mr. Chandler stated that
HUD bas already signed off on the exceptions and now the EHA'a attorney n e ds
to do the same.
Mrs, Jonas asked how the waiv r
stated that it should state th
Denv er, if there are excep tions
adve rsely aff ct the title , th
exceptions.
of title exceptions should be worded. Mr . Chandl r
following: "If required by CHFA or Fint of
con tained in the title po l icies that wou ld not
EHA will consent to sign a waiver to the&
MOTION
UNDY PETERSON lt?VED AND REVEREND FIXTER SECONDED THE lt?TIO TO APP OV THE
RESOLUTION ENDORSING THE SIGNI G OF THE ASSIGNMENT OF TURNKEY CONTRACT OF SALE
FOR THE PURPOSE OF SECURING THE DEVELOPERS CONSTRUCTION LOAN POR THE DUPLEX UNITS.
THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER , PETERSO
ONE
BEIER, BRADSHAW
lt?TION
REVE END FIXTER VED AND CINDY PETERSON SECONDED THE 1'i>TIO TO AUTHORIZ THE
EHA TO WAIV'E ANY EXCEPTIONS THAT ARE SHOWN O THE TITLE COMMI TMENTS 0
DUPLEX LOTS IF THEY DO NOT AF ECT THE MARJCETAJIILITY OF THE UNITS O TH! P OJECT
ITSELF, THE l'llTIO CARRIED AS FOLLOWS:
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AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
•
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Mr. Burns stated that this above matter ha s been approved by the ERA's attorney,
Kirk Wickersham.
In response to Mr. Burns' question, Mrs. Jonas stated that the contingency fund
on the duplex project is 1% of approximately $500,000, for an approximate total
of $5 ,200.
Mrs. Jonas stated that the closing on the sites was Monday, March 22, 1982. She
sta ted that the closing was complicated due to HUD's requirements. In order not
to show the CDBG money and the cost of the sites on the development budget for
the duplexes, HUD had the ERA buy Nelson-Roth's two properties. This gave the
EHA all five (5) properties. At that point the EBA donated all five (5) propertie s
to Nelson-Roth. Mrs. Jonas stated that Nelson-Roth now has the five (5) sites and
is beginning construction on them.
Mr. Chandler stated that a lot of the work on the duplex units is to be subcontracted
ou t. He stated that the construction on the duplexes will probably take the
full six months to complete.
Mr. Chandler stated that Mr. Fischer has been most cooperative to work with on the
mid-rise project. He stated that he also appreciated Mr. Fischer and Mr. Dornbusch's
expertise on this project.
Mr. Burns stated that the EHA Board also appreciates Mr. Fischer's efforts on this
project and that he has kept the Board very well informed of the details of the
project. Mr. Burns stated that the Board also appreciates the efforts of Nelson-Roth
•
nd all their work on the mid-rise project.
The gentlemen from Nelson-Roth left the meeting.
Preparation for Man gement
Mrs . Jonas s tated that sh had hop d to have the operating budget done for the
mi d-ris e for th Bo rd meting, but it will have to wait until next month. She
bri fly d isc ussed what the operating budget entails. Mrs. Jonas stated that this
as th initial o peratin budget which is for that portion of the first fiscal
y ar tha t i s no t an entir year, since th EHA's fiscal year ends December 31, 198 2,
Mrs . J onas t a ted th t since the closing will tak place on Friday, the date of
ull av i labi lity is t h fin 1 day of the month in which the EHA takes possession
o th bu i ldin • From d t of full av ilability (DOFA) until the last day of
th n xt qua rt r, if 95% leas up is achi ved during the quart r, this is called
th lniti 1 Ope r at ing P riod. Sine it ia anticipated that th End of Initial
(lp rating P riod (EIOP) will b Jun 30, 1982, the Initial Operating Budget would
b gi n July l at nd run through Decemb r 31st. Discussion ensued.
lnauran
r~. Jon as s tat d that the bid op ning on the insurance proposals for Orchard Place
a do n 1 at Friday . She stated that abe ia still evaluating theaa bids.
Di posi tion Po licy, R solution #12, Series of 1982
Kr a . Knopinski stat d th t th disposition policy basically outlines the
Jiapo ition of p raonal prop rty belongin& to the EHA. Mra. Knopinski stat d that
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this policy addresses personal property under $100, $100 to $1,000 and then over
$1 ,000. The personal property would include the van, appliances, community room
furniture or maintenance equipment. Mrs. Jonas stated that this is a part of the
Annual Contributions Contract (ACC), and is actually capitalized housing authority
property rather than personal property, but this is HUD's format. Discussion ensued.
MOTION
REVEREND FIXTER l'()VED AND CINDY PETERSON SECONDED THE KJTION TO APPROVE
RESOLUTION #12, SERIES OF 1982 APPROVING THE DISPOSITION POLICY FOR PUBLIC
HOUSING PROJECTS. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
Mrs. Jonas discussed the capitaliza tion criteria policy, Resolution #13, Series
of 1982 .
MOTION
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE K>TION TO APPROVE THE
CAPITALIZATION CRITERIA POLICY FOR PUBLIC HOUSING UNITS, RESOLUTION #13, SERIES
OF 1982. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
( Discu ion ensued regarding the letter froa HUD dated Karch 19, 1982 concerning
th EHA' request to use the 30 p rcent of inco for rent determination for
Proj c t umb r CO 48-2. Ther were a few proviaions in the regulations that
(
r changed. The letter stated how the Public Housing Agency should establish
rents b s don the regulations. Mrs. Knopinaki atated that due to the information
in his letter, the admission policy nd lease for the Public Housing units will
, v t o b changed.
Mrs. Jonab sta t d that the EHA applied to HUD for a waiver to charge 30% of
th in o as rent instead of 25%. This wa s approved by HUD; however, the
told that ther wa s a package of chan es that went along with the
stat d that the waiv r was approved F bruary 26, 1982 and
1 tter fro HUD this w k outlining th changes. Discussion
d re rdin ch ng s.
nd Op n Hou&
Mr . Jonas stated th t sine it i s not c rt in wh n the closing will take place
and it t k a p riod of tim t o put together a dedication, th staff waa
n id rin w iting until May to hold the dedication. Mrs. Jonas atated that
May 13th , which is a Thursd y, is the 80th anniv raary of Englewood. Discusaion
ed r rding h vin the op n hous nd dedication on the weekend rather than on
a uk Jay . It w d cid d to h v th op n house and dedication of Orchard Place
n und y , Kay 16th at 2:00 P.M.
The re I short br ak for dinnar.
Mr. 1 hr lit th ting.
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Rehab Report
Loan Agreement -Mrs. Jonas stated that this new loan agreement for an additional
$500,000 loan from the local consortium of banks incorporated the lump sum
information that had to be done after the fact from the last agreement. Mrs. Jonas
stated that Mr. Burns and representatives from the Bank would sign this loan
agreement .
MOTION
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE l«)TI0N TO AUTHORIZE THE
EXECUTION OF THE LOAN AGREEMENT BY THE CHAIRMAN AND EXECUTIVE DIRECTOR OF THE
ENGLEWOOD HOUSING AUTHORITY CONTINGENT UPON THE EHA 'S ATTORNEY APPROVAL. THE
MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
Contingency Policy
Mrs. Jonas stated that it has been approximately one year since the Rehab loan
limit was changed. She stated that there have been several cases recently where
a loan was approved for a certain amount and it was later discovered that more
code work was needed for an additional amount. Mr. VanDeaark stated that the
additional cost could go as high as $1,500 per home.
Mr. VanDemark stated that the contingency amount would be $1,200 above the loan
limit if the equity is in the house. If the amount of iaproveaents needed wou ld
( go above $1,200, the approval of such would be up to the Rehab Loan Coaaittee.
(
•
Mr. VanDemark stated that the additional improvements are needed in about one
in every 20 cases. The amount can vary from $50 to $1,500 depending on the work
involv d. Mr. VanDemark stated that a few times faulty wiring has been revealed
aft r the walls wer opened up. Hrs. Jonas stated that this would be a staff
approval of contingency based on an emergency situation and only on code problems.
-~
REVEREND FIXTER MOVED AND CINDY PETERSON SECONDED THE l«)TI0N TO APPROVE THE
CONTINGENCY FUND FOR THE REHAB LOAN PROGRAM FOR A MAXIMUM A!«>UNT OF $1 , 200. THE
mnoN CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NON
BEIER, BRADSHAW
Discustiion n~u d reg rding one of the r hab cli nte who applied for a arant.
Mr. VanD mark stated that a housing inspection wa a mad and aaverel code
viol tiona w r found. The Building Department w I contact d to tell th m of the
what could b don . Th inspector, det rmin d, after evaluation,
ap proximately $30,000 to repair th home and fear d they would
h ve houa Mr. VanDemark stated that a f of th inap ctore and
him h ny improv nta w r actually ne d d to ke p th f ali.ly
r bein rk it ma ver put up to bid and a bid below th arant
limits wa a r ceiv d. Mr. VanD aarlt stated th t th I.iv nia Club and Arapaho
County will aaaiat in insulation and r plac1n& wind •· Kr. VanD ... rk stated that
th a t ff found t mporary houain for this faaily for on aonth while th work 1•
bin don on th ir ho
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Lump Sum Drawdown Agreement
Mrs. Jonas stated that the 1979 CDBG lump sum drawdown agreement has been signed
and sent to HUD for their approval. Mrs. Jonas stated that Margo Blu from HUD
had called and told her that Englewood has a good program and it leverages a lot
of money. Ms. Blu relayed that Englewood was the best example in Region VIII of
leveraging.
State Grant Application
Mrs. Knopinski stated that the EHA has just submitted an application to the State
Housing Division for $100,000. This will be a grant and can be used like the
EHA is using the City money. This money would be used in target areas and outside
target areas with a $3,000 limit for grants, and the money will also be used to
subsidize loans outside of target areas. Mrs. Jonas stated that the EHA had
three days' notice to put together this application. Mrs. Knopinski stated that
Janet Grimmett, Rehab Assistant, has done a lot of work on this application.
Mr. VanDemark left the meeting.
Section 8 Existing Report
Mrs. Jonas briefly discussed the annual financial reports. She stated that the
EHA collected $30,000 extra money from HUD last year and a check was sent to
HUD to pay this back. Mrs. Jonas stated that at this point there is an operating
reserve of approximately $19,000. She stated that the Section 8 Program is in
good financial condition at this time,
Simon Center Report
Mrs. Jonas stated that since the former Managers of Silaon Center are no longer
employed by the EHA, the Assistant Managers decided they wanted to become the
Managers and have moved into the Managers apartment. Mrs, Jonas stated that Roy
and Marian Young, who were previous Assistant Managers of SilllOn Center a few years
ago, expressed an interest in becoming Assistant Managers of Simon Center again,
They will be assuming th Assistant Manager position shortly.
Mrs, Jonas stated that the minutes for the special meeting of March 3, 1982,
regarding the former Managers of Simon Center, will be approved at the next meeting •
.!!!!!.Q.!!
Cl Y PET SO VED AND STAN FIXTER SECONDED THE K>TlON TO GO INTO EXEetrrIVE
S SSIO TO DISCUSS THE TRANSACTIONS AT THE SPECIAL MEETING OF MARCH 3, 1982. THE
TIO CARRIED AS FOLLOWS:
AYES:
AYS:
ABSP.NT:
REVRR
S10N.
BURNS, FIXTER, PETERSO
E
BEIER, BRADSHAW
.!!!!!.Q.!!
VED AND CINDY PETERSON SECONDED THE K>TION TO LEAVE UEetrrlVE
IED AS FOLLOWS:
lXT , PETERSO
HI JW>SHAW
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~
REVEREND FIXTER MOVED AND CINDY PETERSON SECONDED THE MOTION THAT THE ENGLEWOOD
HOUSING AUTHORITY BOARD ENDORSE AND SUPPORT THE POSITION TAKEN BY THE EXECUTIVE
DIRECTOR REGARDING ADDITIONAL COMPENSATION FOR THE FORMER RESIDENT MANAGERS OF
SIMON CENTER. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
Mrs. Knopinski stated that she met with LouAnn Mi chelson at Malley Center about
using some of the Simon Center's community space for some of their overflow
activities. Discussion ensued.
Ne w Lease for Simon Center
Mrs. Knopinski discussed the new requirements for Section 8 New Construction
pertaining to the residential lease. She stated that these requirements are to
be effective April 1st. Mrs. Knopinski stated tha t all tenants will have to be
recertified and be und r this lease within a year and three month period. This
lease will be in effe t April 1st for new residents and a 60-day notice will be
given to the current residents when the new recertifications are done under this
new lease. Discussion ensued regarding this new lease.
~
CINDY PETERSON M:>VED AND REVEREND FIXTER SECONDED THE ~TION TO ACCEPT THE NEW
LEASE FOR SECTION 8 NEW CONSTRUCTION (SIMON CENTER) . THE M:>TION CARRIED AS
( FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FlXTER, PETERSON
NONE
BEIER, BRADSHA
Rcnt.:wal ol HAP Cuntr t
Mrs • .Jonas a1.. t d th t th Housing Asaistance Payment Contract (HAP) for Simon
C nt r h s be n in ffect for fiv (5) years and it is for a 20-year t rm,
r n wabl at 5 year t rms. Mrs. Jonas stat d that th effective dat of th
contrac t wa& My 20, 1977 and ends May 20, 1982. Mra. Jonaa atated that n she
che k d into th r n wal he found th t the r n wal aa ntirely at the ERA'•
1 tin. Sh stat d that this contr c t will automatically be r new don Hay 20, 19 2.
11 t Pol icv
droppin th former raid nt itin
tat d that th staff ia findin it
v ral y ra ago. Mrs. Knopin ki
d, th re would just b th
1 at t d th t t ff will honor th c urr nt nullb r th
itin list . r r id nta
itin
d for quit a
liat un 11 all
•
w applic nt to
opillaki at t d th t
er help d.
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~
REVEREND FIXTER 1'K>VED AND CINDY PETERSON SECONDED THE MOTION TO ADOPT THE
MEMO FROM LINDA KNOPINSKI DATED MARCH 18, 1982 RECOMMENDING DROPPING THE FORMER
RESIDENT WAITING LIST FOR THE SENIOR CITI ZEN BUILDINGS. THE IDTION CARRIED AS FOLLOWS:
AYES:
NAYS:
MSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
L'\
Mrs. Knopinski discussed a letter from HUD stating that there are errors in
several of the Simon Center requisitions dating back to August of 1979.
She s tated that the amount of errors totaled approximately $4,000 on the requisitions.
Mrs. Knopinski stated that she sent a letter to HUD stating that the ERA felt
it was unfair that HUD did not give any feedback earlier on these mistakes that
have been made. Discussion ensued.
Dire c tor's Choice
Mrs. Jonas briefly discussed the letter from Betty Ann Dittemore to Littleton
Housing Authority Commissioners Libby Bortz regarding Arapahoe County organizing
a housing authority.
Au thorization for Executive Director's Designee to Sign Leases
Mrs . Jonas stated that every lease that is signed on Simon Center and Orchard Place
has been required to be signed by herself. She stated that this has become quite
a cumb ersom procedure. Hrs. Jonas stated that many housing authorities are
having their Board authorize a designee of the Ex cutive Dir ctor to sign leases.
Mrs. Jonas sta ted that she would like authorization from the Board to have a
desi nee. She stated th t th Manager of the senior buildings could be authoriz d
to sign the 1 ass. Discussion ensued. It was decided that Hrs. Knopinski should
r view the leases and sign them as Mrs. Jonas' design
~
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO AUTHORIZ E THE
EXE CUTIVE DIRECTOR TO DE IGNATE A DESICNEE TO SIGN THE LEASES FOR SIMON CENTER AND
ORCHARD PLACE. THE MOTION CARRIED AS FOLLOWS:
AYES :
AYS:
ABSENT:
t nee
r 1n
BL'RNS, FIXTER, PETERSON
ONE
BEIER, BRADSHAW
oman who ia an in tern with HUD. She ia currently
nag ment Division of HUD. Ka. Roman is currently
for one month to ob rv the EHA'a point of view on variou
s taff baa kept Ma . Ro n v ry buay attending
Simon C nter filling in workahe t a for th
up. Hra. Jon stated that this year instead of havin the
only a a part of th City's annual report, since state law
uthoriti to do n annual r port each y r, thia year the
rat nnual report. Ma. Ro n'a ov ral l function ia to ather
ry inf raalion to put in th nnu 1 repor • Roman atated that
EltA or th pat to ka haa b en a worthwhil experience for hr.
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Commissioners' Choice
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO GO INTO EXECUTIVE
SESSION TO DISCUSS SOME PROBLEMS RELATING TO THE REHABILITATION PROGRAM. THE
MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
CINDY PETERSON MOVED AND REVEREND PIXTER SECONDED THE l«>TION TO LEAVE EXECUTIVE
SESSION. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
MOTION
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO APPROVE THE
WAIVER OF LATE PAYMENT FOR REHAB LOAN #99. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
MOTION
CINDY PETERSON MOVED AND REVEREND FIXTER SECONDBD THE MOTION THAT ANY WAIVER OF
LATE CHARGES FOR THE REHAB LOAN PROGRAM BE APPROVED BY THE EBA STAPF. THE MOTION
CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BURNS, FIXTER, PETERSON
NONE
BEIER, BRADSHAW
Th re being no further business to discuss, the meeting adjourned at 9:05 P.M.
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ENGLEWOOD ~TOWN DEVELOPMENT AUTHORITY
3535 So. Sherman-Englewood, CO 80110
Wednesday, April 14, 1982
MINUTES
Board Members Present: Gasson, Holthaus, Kaufman, Mausolf, Owens,
Pendleton, Robohm
Board Members Absent: Bush, Coleman, MaX\olell, Neal
Staff Present: M. Haviland, E, Haviland
Guests & Visitors: Arthur Abe, dba/Englewood; Gordon Close, dba/
Englewood; Ed Cordova, dba/Englewood; Gene Gold-
hammer, dba/Englewood; Doris Nazarenus, dba/
Englewood; Susan Powers, Englewood Director of
Community Development; Frances Schaeffer, dba/
Englewood; Justin Schulta, ERA/Empress Realty;
Kathye Thomas, The Sentinel; Bob Voth, dba/
Englewood.
5
Board Chairman Holthaus called the regular meeting to order at 12:10 P.M.
Since there wa s not yet a quorum present, Chairman Holthaus asked for
th Director's report. Mr. Haviland said that h would dispense with
any report on the Little Dry Creek project or the Management Team because
of an upcoming meeting which would deal with those issues. He noted
that the Board has been invited to attend a s lide presentation on Little
Dr y Cr ek on Thursday , April 22 at 7 P.M. in City Council Chambers.
Members of the Urban Renewal Authority Board and the dba/Englewood Board
have also been invited. Mr. Haviland said that City Manager McGown
had also augg at d th possibility of a special pr a ntation just for
th EDDA Board on April 20. After aom diacuaaion, the Bo rd decid d
th m tin with th oth r groups would b mor ben ficial since ther
would b an opportunity to h ar co11111 nts fro th oth r groups.
Mr. H viland called to th att ntion of th Board• mbers the notice
in th ir packet cone ming the tour of Bud Brady's mixed-use Boulevard
Plaza d velopm nt. The tour has b n sch dul d for 9 A.M. Saturday,
April 24. City Council m mb ra and m bra of th Board of th Urban
Ren w 1 Authority hav also been invit d.
Mr. Haviland r port d th th had don more inv atigatin con-
e rnin a r tir nt program for him He Hid it app ara tha h
can join th pro ram run by I01A (Int rnational City Kana era Associa-
tion). H r qu at d that th Board r quest th Fin nee Co1m1itt to
look into this pro raa and to consider • adjust• s to the 1982
budget which will probably b n ed in ord r to nroll him.
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Page Two
Regular Board Me e ting
April 14, 1982
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Mr. Haviland noted quickly that he had had an infonnative visit last
week with Ron Donahue of the Boulder Dept. of Parks and Recreation,
who is responsible for maintenance of their mall. He aaid he would
like to schedule a special meeting in May or June to discuss the trip
as well as the visit to the Rouse Co. in Baltimore and the report
on mall management by The Denver Partnership, Inc. Mrs. Owens
requested that the meeting be held as soon as possible.
Mr. Pendleton arrived at 12:25 P.M., giving the Board a quorum.
In continuing his report, Mr. Haviland said that a meeting with the
City's Department of Community Development on downtown zoning has
been scheduled for Friday, April 16; that he is in the process of
hiring a replacement for Phyllis Simpson, who left March 31; and
that he has been appointed to the Economic Development Co111Dittee of
the Centennial Chamber of Commerce.
He announced that he had met with School Superintendent Roscoe, City
Manager McGown, and Mr. Senti, a realtor, earlier in the week to
discuss a project to promote Englewood. The school system is con-
cerned with attracting young families into the city in order to stop
the decline in school enrolla•nt. Mr . Haviland said that he will be
working with Dorothy Rolll8ns and one of the members of the School
Board to develop a slide show on Englewood. He ~ressed a lot of
enthusiasm for the project since it could have spinoff benefits for the downtown.
Finally, Mr. Haviland requested Board approval to travel to Madison,
Wisconsin May 2-5 to attend a conference on mixed-use development
sponsored by the International Downtown Executives Association.
Mr. Robohm moved that Board approval be given for the necessary
expenditure Mr. Kaufman seconded the motion, and it was approved unanimously by voic vote.
With a quorum present, the Board reviewed the minutes from the last
meeting. Chairman Holthaus not d some changes to th minutes that
were mailed. Mrs. Owens moved that the minutes of the regular Board
meeting of March 10, 1982 be approv d as pres nted. The motion was
econded by Mr. Ga aon and passed unanimously by voice vote.
Mr. Gasson pres nted to the Board th bills for paym t. Mr. Roboln
mov d that all bills be paid as presented. Mr. Mausolf s cond d the
motion, and it was approved without dissent. Mr. Gasson also pr -
ented the Treasurer's report. H announc d that th Ch rrelyn hors -
car (account I 7761) had b n sold to Mr. Mauaolf for $500. Hr.
Robohm d a motion, seconded by Mrs. Owens, that th Tr asur r's
report b approv d as pr sent d. Th motion was carried b voic vot
Mr. Gasson report don the work of th Office Spac Coliaitt
not d that Mrs. ns had rs arch d pace coaparabl tot
is pres ntly leas d. Two such offices w r found, on at
•
H
t which
9.25/sq. tt.
I • •
Page Three
Regular Board Meeting
April 14, 198 2
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and one at $15/sq. ft. with an accelerator clause and several miscel-
laneous items. The landlord for the present space is requesting $10.50/
sq. ft. for a one-year lease and $10/sq. ft. for a two-year lease.
The Committee recOllllllended to the Board that it be authorized to nego-
tiate a renewal of the current lease for a two-year period with the
stipulation that the landlord paint the walls and repair the carpet at
his own exp en s e and that he pay 50% of the cost (not to exceed $1,000
total) for mini-blinds and some interior decoration. The Committee
also requested Board ~uthorization to offer $9/sq. ft. with room to
negotiate upward as deemed appropriate. Mr. Kaufman moved that the
Committee be authorized to negotiate on those t e t:111s •. The motion,
seconded by Mr. Mausolf, was approved unanimously.
Mr. Haviland said he is developing some other proposals for improve-
ments to the office, e .g. some new furniture, mounting of maps, etc.
He indicated that these expenditures will probably exceed the $1,000
currently budgeted and requested approval of a higher c e iling. Mr.
Mausolf asked that a formal proposal with exact costs be presented
at the May Board meeting. The Board agreed on such a proposal but
authorized the Executive Committee to act prior to the next meeting
if it i s in full agreement.
Mr. Pendleton indicated that the Board Membership Committee had not
been able to meet as a group t o finalize its recommendations and said
the ir report would be presented in May.
CUirman Ho l thau s presented to the Board the Executive Committe 's
recommendations that the Board co nt inue with its regular busin ss
meeting as currently schedul ed but add a monthly evening meeting to
b called at th discretion of t h Execntiv Dir ctor. The purpo e
of these special meetings would b presentations and discussions on
major issues which requir more tim than can be devoted to them in
the context of business me etings. The Board con sented to t his arran e-
m nt and agreed to a S P.M. starting time.
Mr. Haviland pr sent d th proposal for bus service to the Fana rs'
rket, which was dev loped by Board M b r Neal. He explained that
th bua a rvic would b run on a trial baaia for this summer. H
aid that City Council had alr dy revi w d th proposal ands ed
favorabl inclin to rd it but that th propo al calls for an qual
sharing of the$ ,000 coat th City and EDDA. In th discussion
which en ued, th following points re 11111d 1) Sine th market is
alr dy w 11 attend d (It is th sful of th thr locations
in them tropoli an ar ), th r dos not t o beaned to off r
people inc ntiv a to come; 2) Th dba/En 1 wood haa provid d th
11111rk t with an advertiain aubaidy in th past but doea
do o thia ar; 3) Th rk t alr dy r ceiv a th ua
lot fr e. Ia it n c • ary to sp nd additional mon y to brin
cuatoaera? ) It ia poaaibl th ta bua a rvice ai ht get p
t habit of takin a bua to th downtown area; 6) IC mon y
to b ap nt, i ai ht b 110r produ iv to incr aa the adv rtiain
t(or and ti it in with promotions o 1 wood• rchanta (e.g •
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Page Four
Regular Board Meeting
April 14, 1982
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Gordon Close's celebration on June 5). Mr. Mausolf IDOVed that the Board
not endorse the proposal. Mrs. Owens seconded the motion, and it was
passed unan:llllously.
Mr. Haviland presented the proposal on the C-470 Outerbelt. He said
that the Centennial Chamber had requested the Board's endorsement
of the project because lilllited funding is threatening its completion.
Mr. Bobohm moved that the Board pass the resolution of support, and
it was seconded by Mr. Pendleton. Mr. ltaufman explained that he would
abstain from voting because of a conflict of interest. On a roll call
vote, the resolution was approved 6-0, with one abstention. Resolution
No. 3, Series of 1982, is attached to and made a part of these minutes.
Mrs. Owens inquired what progreas was being made on the downtown zoning
and stated that she feels there is some urgency to getting that issue
resolved, especially since a video game parlor has recently opened.
Mr. Haviland replied that he was going to meet with the City staff
on Friday to talk further about that subject.
Mr. Close gave the Board an update on dba/Englewood activities.
Chairman Holthaus reiterated the desire of EDDA to work closely with
dba and to be supportive of it. Ma. Powers provided an update on some
zoning issues and reminded Board meabers of the final Council hearing
on the sign code scheduled for May 10. Mr. Gasson inquired about plans
for the property purchased for the walk-through on the vest side of
Broadway. Ma. Powers aaid that the City has no money in this year's
budget for illlproveaents. There was a desire on the part of the Board
that the City at least fill in the lot and plant grass so it is not an
eyesore. It was suggested that soae kind of formal dedication of the
.. st walk-through needs to be held. Mr. Haviland was directed to
pursue this.
There being no further business, the meeting was adjourned at 1:25 P.M •
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RESOLUTION NO . 3
SERIES OF 1982
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A RESOL UTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTIIORITY SUPPORTIN G
THE PROPOSED CENTENNIAL PARKWAY (C-4 70) PROJECT.
WHEREAS, the Englewood Down town Development Authority is con -
cerned with the development of an a dequate transportation network for
the southern portion of the me t r op o litan area; and
WHEREAS, limited funding is threatening completion of this
network;
NCM, 'fflEREFORE, SE IT RESOLVED SY 'fflE BOARD OF DIRECTORS OF
fflE ENGLEWOOD DC!IIWftTOWN DEVELOPMENT AUTHORITY AS FOLLOWS:
The statement entitled "C-470: A Reaffirmation of Support"
prepared by the Denver, Golden, Lakewood, and Centennial Chambers of
Commerce is endorsed.
AIX>PTED AND APPROVED this 14th day of April, 1982.
~~4.1¥£~~
Sarbara Holthaus , Chairman of th Boa r d
ATTEST:
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5 C.
CITY OF E GLEWOOD PLANNING AND ZONI NG COMMISSIO
APRIL 20, 1982
I. CALL TO ORDER.
The regular me ting of the City Planning and Zonin Coaai &ion as called
to order at 7 :05 P.M. by Chairman McBrayer.
Members present: Allen, Barbre, Becker, Carson, Gilchrist, cBrayer,
Se nti, Stoel, Tanguma
Powers, Ex-officio
Members absent: one
Also present: D. A. Romans, Assistant Director
II. APPROVAL OF MINUTES.
Mr. McBra ye r stated that the Minutes of April 6, 1982, were to be considered
for approval.
Tanguma moved:
Stoel seconded: The Minutes of April 6, 1982, be approved as written.
The motion carri d.
III. FINDINGS OF FACT
§22.4-10 and 122.4-11
CASE 17-82
Mr. McBray r st ted th t th Findings of Fac t r garding the amendm nt of
th Compreh nsiv Zo nin Ordinan ce , 122.4-lOb()), §22.4-10h§§2, and
§22.4-llh§§4 wer to b con id red for approv 1. He asked if ther was
any di cus ion on th Finding of Fact?
Car on v d:
Sto l II cond d:
r. HcBray r
or th vot •
Th Ftndin s of Fact on C, 17-82 , th nda nt of
th Co pr hen ive Zonia Ordinanc b approved and r -
f rred to the City Council.
if th taff h d r ceiv d any coaaents or furth r info
r of th aau nt op r tion1 ?
pl n to co
dt1cus1 d at th City Council
Cit Council is in favor of
of r vi w. Th
ion of the • r,
d i h re aa furth r di u sion? Ha in n n , h a k d
Th 110tion carrt d.
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IV. PUBLIC FORUM.
There was no one present to address the Commission.
V. DIRECTOR'S CHOICE.
Ms. Powers stated that there is a meeting scheduled for Thursday evening,
April 22nd, at 7:00 P.M. in the City Council Chambers, relative to Little
Dry Creek improvements in the downtown area. She stated that this is a
very important meeting, and urged members of the Commission to attend if
at all possible. Four designs on the improvement of Little Dry Creek
were initially presented, and have now been narrowed down to two alterna-
tives. These alternatives are concerned with the area of Little Dry Creek
between West Hampden Avenue and West Girard Avenue. One of the alternatives
is to place the Creek in a closed conduit; the other alternative is to keep
the open channel for this block. The Advisory Committee has recommended
the alternative with the open channel. Ms. Powers stated that each of the
Boards and Commissions invi ted to this meeting will be asked to review
these alternatives, and submit their recommendations to City Council by
Hay 7th. Cost factors of the alternatives were discussed. Ms. Powers
stated that improvement of this one block reach of the Creek would be
approximately $2,000,000 without acquisition costs. Mr. Gilchrist asked
if inflation factors were figured into the cost figures? Ms. Powers
indicated that the cost figures being used were 1983 dollars. Mr. Gilchrist
asked if a contingency wa s built into the figures; he noted that many pro-
jects result in cost over-runs. Ms. Powers stated that the initial contract
on Little Dry Creek improvements was for $9,300,000, with actual construction
costs estimated at $6,000,000+-. Construction co tsar now being considered
on a phase-by-phas ba ia. Sh stat d that th contract is with Wright-
McLaughlin, with a completion date of Januar , 1984. Ha. P r poin ted
out that prop rtiea will have to b acquir d by Januar, 1983, to giv
Wright-McLau hlin on -year construction p riod. Sh pointed out that most
o f th right-of-vay th tis needed would b froa outh Logan Str et w st.
Th City will t th prop rties appraia d befor n otiations with th
prop rty own r a ar b gun. If th negotiations ar un ucc ful, then th
Ci t y Coun c il would hav to consider cond anation proc din
• P r a t t d that th re is nothing furth r t o rpo r on th Prowswood
d velo n t.
UU Hit d J th
p ar n c of th parkin
plans for thia.
in a rue ure b
Center,
irt Comiaaion
in th ahoppin
y w r planning to do anythin
lot? Hrs. Roaana atated that ah wa
Ha. Po r, atat d that th buildin
tw n Penn ya d Th Denv r h • b
th ap-
r, o th Pl nnin C .. 1,,1 n of th tour of th
for 8:00 A.H. April 24th. H
lo at City Hall. Hr. Tan 11118
unable to o thJa tour •
•
era er to
d Hr. All n
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VI. COMMISSION'S CHOICE.
Mr. Allen asked if there was any program to require the picking up and
removal of trash and debris from properties in the City. He discussed
the problems he has experienced with trash blowing onto his property, and
noted that it was particularly bad during construction of the Orchard
Place mid-rise. Discussion ensued. Mr. McBrayer asked if there had ever
been an active "No Litter" campaign in Englewood. Ms. Powers stated that
there is a "clean-up" campaign which begins in May. Discussion ensued.
Mr. McBrayer suggested that possibly a letter could be drafted to the Code
Enforcement supporting an active enforcement of the Weed and Litter Ordi-
nance. Mrs. Romans and Mrs. Becker suggested that school children could
be involved in the clean-up /litter pick-up program. Mr. McBrayer suggested
that an active anti-litter program be added to the list of Planning Com-
mission goals for the c oming year. Mr. Allen stated that he wou l d like
to see the City, the Ch amb e r of Commerce, DBA and EDDA get a c ampaign
going to clean up the City . Ms. Powers asked that if the Commission member s
see properties that are poo rly cleaned to not ify the City.
Mr. Gilchrist COIIIIII nted on the excellent breakfast meet i n g with Swedish
Medical Center. H tated that he wa s very i mpr essed wi th this facility,
and ha mad arran ment to also be taken on a tour of Craig Rehabilitation
Ho pital.
Mr. McBrav r tat d that th City Council will hold a Public Hear ing on
th propo d Si Cod on May 10th; he urged Planning Co mmission memb e r s
to act nd chi aeetin and upport the Sign Code.
tat d that h would be attending the APA meeting in Dallas
th. H stated that if there i any particular item on the
that a member would like to have him attend, h would
act mpt to do so.
Th tin adjourn d at 7:40 P.H.
Th C mmission th n m. t in study session to consid r work items and goals
for this next year. Ms. Becker led the discussion of the items previously
id ntifi d by the Commie ion members as important matters they felt hould
b conside red. She stated that thee matters had been arranged in order
of th numb r of vot s each received, and by topic. Sh stated th tit
1 c l ar that matt r p rtaining to public r lations, th C preh nsiv
Plan and Zoni ng w re matt r that w re of vital concern to the Co
with concern 1 o being xpress don traffic and tr n portation, th
munity cent r , nd other items th t did not se III to fit into ny one
c tegory.
M B ck r tat d that sh f lt th n xt at p 1 to con oUdat th goals
and obj ctiv s outlined, and to eliminat thoa that are not f lt to b
of vital importance , and to dd oth rs that may b ugg seed . M. 8 ck r
r viewed thos it ms th th d r c ived th most 8 t th pr vioua
tudy a ssion . Mr, Stoel stated that h would to a e th matter of
l ndacaping uid lin s tabli eh d in th futur
Diacuaaion nsu d. Hr. Gilchri t atat d that h felt th Comaiaaion wa a
an advisory body to th City Council, and h felt this list of proj eta
ahould h ve input from the City Council and from the staff. Ma. B c k r
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-4-
pointed out that this list is a compilation of suggestions by the Commission
members and the staff, and while she agreed that the Commission is an ad-
visory body to the City Council, she felt this list was more initiative
items than advisory items. Further discussion ensued. Mr. Allen stated
that he felt a great many of the items on this list are already underway,
or should be the responsibility of the EDDA, the City Council, e tc . Mr.
Allen asked for explanation of several of the items included on the list,
such as the Downtown Zone District and the community center.
Mrs. Becker stated that she did not feel that the Planning Commission had
to be "reactive", but could also be "pro-active", and that b y develop ing
a list of projects to work on was a means to be "pro-active".
The items that were grouped in the Public Relations categor y were dis-
cussed. Only those items that received three or more votes were considered .
It wa s determined that there is a need to compile a data base of information
on the City for public and private use; there is a need for pol i tical support
and leadership in dealing with highway department, etc., regarding Santa
Fe and the Corps on South Platte Improvements . The Commission de t ermined
that the s ugges tion to hold neighborhood discussions be eliminated . The
establishment of a co11111ittee to study r e vitaliz ing older housing, code en-
forcement, financial assistance and incentives from the City is on-going,
and the Commission would like to b e brought up-to-date on these activities
by the City staff.
The items listed under the Comprehensive Plan cat egory were then con sidered.
Mrs. Ro mans noted that it has been the plan of the staff to review the Plan
every couple of year s , with a major review every five years. It was deter-
mined that there should be an in-house review of the Comp r e hensive Plan to
determine if it still reflects the City's posture.
The items listed under Zoning wer e considered. Ms. Powers s tated that
the City Attorney has drafted a preliminary ordinance dealing with the
conversion of apartment units to condominium units.
Mr. Allen suggested that the ordinance requiring landscaping in multi-
family, commercial and industrial developments be written to specifics
to avoid some of the experiences he has been through with "over enthusiastic"
nforcement by staff members.
Th Down town Zone District is being draft d at the present time. It was
al of lt by th Co111111ission that they should consider zoning r visions
reg rding lot sizes, setbacks for singl and low-density multi-family.
It was d termin d that th est8bli hment of adv lopm nt sit plan review
committe should be eliminated, 88 should th matter of th Sign Cod inas-
much 88 thi is prea ntly b fore th City Council for Public He ring on
May 10th.
No item in the Traffic/Transportation category r c ived three or more
votea, so none w re consider d during this aaion of the Co11111iaaion.
Th n d for a Community Center was consider d. It was noted that th r
ia a committe working on thia at th present time. It was auggeated
that n informational meeting with this coaaitt e b ach dul d, and that
the Commiaaion off r th ir upport to thia coanittee •
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Mr. McBrayer stated that he would like to see the matter of an annexation
policy discussed with the City Council.
Ms. Becker stated that the Commission has outlined seven matters that they
seem to feel are of importance to consider in depth this coming year. She
stated that the next step is to come up with the action program to realize
these objectives that the Commission has outlined. It was suggested that
this be reviewed further at the next regular meeting, and that these goals
be prioritized.
Mr. Tanguma stated that he felt the development of a Downtown Zone Dis-
trict should have a high priority. Further brief discussion ensued.
The work session adjourned at 8:55 P.M.
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION
OF THE CITY PLANNING AND ZONING COMMISSION.
DATE:
SUBJECT:
RECOMMENDATION:
Carson moved:
Stoel seconded:
April 20, 1982
Findi.ngs of Fact on Amendment of Comprehensive Zoni.ng
Ordi.nance, Case #7-82
The Fi.ndings of Fact on Case #7-82, the amendment of
the Comprehensive Zoni.ng Ordinance, be approved and
referred to the City Council.
The motion carried.
By Order of the City Planning and Zoning Commission •
•
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I. Call to Order.
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URBAN RENEWAL AUTHORI TY
April 21, 1982
5:30 P. M.
The special meeting of the Urban Renewal Authority of the City of Englewo od
was called to order at 5:30 P.M. by Chairman Robert Powell.
Members present: McClung, Minnick, Powell, Voth, Dickinson
Powers, Executive Secretary
Members absent: Cole, Fitzpatrick, Alternate Novicky
Also present: Jeri Linder, Planning Technician
Gary Diede, Director of Engineering Services
Rick DeWitt, City Attorney
Steve Bell, Hanifen-Imhof f
Bi ll Latmn and Dave Edstrom
II. Ap pr oval of Mi nutes .
Chairman Powe ll stat e d that the Minutes of Mar ch 10 , 1982, were to b con-
sider e d fo r a pprova l .
Mi nnick move d:
Dickin son second e d : Th e Mi nu t es of Ma r ch 10, 1982 , b approved as written.
The motion c arr ied.
Mr . Po well i ntro du ced the guests present at the meeting , a nd welcom d
Mr. Bell, Mr. Lal!DD, Mr . Ed s trom an d Mr. Died e.
III. Ame ndm e nt of Bylaws of Urban Re ne wa l Autho rity
Mr. Powell stat d that Mr. Dickinson had submitted several proposed mend-
ment to th Bylaws in February. He asked that Mr. Dickinson discuss his
reasoning b hind the proposed amendments .
Mr. Dickin on r
ndm n s to th
Mr. Pow 11 Bk d
that th re
allow d
m rnb rs
that h
vot
d the proposed am ndm nts,
Byl w.
nd th n discussed th propos d
for discussion from oth r memb rs. Mr. Voth question d
not b at som e tings if th Chairman is not
Dickinson st ted th ta quorum of th
conduct busineBS. Mr. Dick.in on st t d
n d for th Chairman tor main
in opposition to th propos d nd-
on matt rs b th
hav b n ppoint d
d that to d ny
of th t nowl dg and x-
p rtil stat propo d tim limitation pr :In-
dividual on ach wa a n d for xtend d discu11ion
I • •
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by the members of matters that come before the Authorit y. He stated that
t o limit discussion to five minutes per individual per subject was foolish
i n his opinion, and did not fit into the needs of this Authority . Regarding
the proposed Amendment #2 to designate one individual as the spokesperson
for the Authority, he felt this has been accomplished by the delegation of
this responsibility to the Executive Secretary.
Mr. Minnick also expressed his opposition to the proposed amendment #1.
Mr. Dickinson reiterated that he felt there is a definite need to limit
the time that an individual on the Authority may speak on a subject, and
that the role of the Chairperson is to mediate discussions and to be im-
partial. He stated that he felt one way to accomplish this is to den y the
chairperson the right to vote except in the event of a tie vote.
Mr. DeWitt stated that he has not had an opportunit y to research the pro-
posed amendments, and discussed his concerns regarding the proposed amend-
ments with regard to the first amendment right of free speech. He suggested
that if the Authority is considering limiting the right of whoever is
elected Chairman to vote, he would like an opportunity to r esearch this
matter and to present a written opinion. He stated that there is no pro-
vision for limiting the voting power of the Chairman in the Urban Renewal
Act itself.
Mcclung moved:
Minnick seconded: The proposed amendments of the By-law s be tabled until
the next regular meeting of May 5 , 1982.
The motion carr ied .
IV. Proposed Urban Renewal Plan.
Mr. Powell asked Ms. Pow rs to review the proposed Urban Re n ewal Plan.
Ms. Powers stated that Mr. Bell, Mr. Lanm and Mr. Eds trom were present
to participate in the discussion of the Finan cin g section of the proposed
Urban Renewal Plan. She pointed out that a majority of the Plan was pre-
viously reviewed by the Authority, and has since been revised and rewritten
by the staff. Ms. Powers reviewed the changes that have been made in the
Urban Renewal Plan, such as inclusion of estimated costs of the RTD Transit
Cent r, th estimated co ts of realigning Floyd Avenue and extending Hampd n
Pl c to W st Hampden Avenue. The phasing of th downtown developm nt was
discussed, and Ms. Powers pointed out that th improv ments on Litt! Dry
Creek would extend east to South Clarkson Street.
Mr. Haviland entered the meeting at 6:00 P.H.
Ms. Pow rs discussed the lmpl mentation of the Urban Renewal Plan. Ms.
Powers discuss d the possibility of cond mn tion of property if n gotiations
for purchase f 11. Sh not d that ther is diff r nee betw en th type
of condemn tion th Urban Ren wal Authority c n do nd what th City can
do. The City cond mnation i limited to f cilitat d v lopm nt of public
proj eta. Ms. Pow re not d th t th bound ri I for improv m nt of Litt!
Dry Cr ek will ncro ch onto priv te prop rti a , primarily from Logan Stre t
w at. Also, if th channel alt rnative for th block b tw n Weat
Cirard Av nu pden Av nu 1a chos n, it will ff ct th
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properties along South Bannock Street. There will have to be purchase of
properties to make it possible to construct the drainage imp r ovements.
Discussion ensued. Ms. Powers asked Mr. Lamm if the City could get con-
trol of the properties on South Bannock Street and sell the properties to
a developer following the improvement along Little Dry Creek? Mr . Lamm
indicated that were the City to acquire the property initially, they could
ask for bids to dispose of the property if selling to developers. Hr.
McClung stated that the Urban Renewal Authority, according to Stat ut e , has
been able to condemn, buy, and sell property. Discussion ensued. Ms.
Powers suggested that the City may take the properties , if acquired by
the City, that are not needed for the flood control project and give them
to the Urban Renewal Authority to sell to a developer. Ms. Pow rs stated
that it was her understanding that the City Council had strong feelings
against delegating the entire condemnation responsibility to the Urban
Renewal Authority, but felt they should share those responsibilities with
the Urban Renewal Authority. Ms. Powers then discussed the fact that any
development that occurs must be consistent with the Urban Renewal Plan.
Development guidelines are to be developed, but will not be made a part
of the Urban Renewal Plan; specific design guidelines will also be de-
veloped. Ms. Powers pointed out that to enable development of residential
uses in the downtown area, the Comprehensive Zoning Ordinance will have to
be ame nded by the development of a Downtown Zone District.
Commercial rehabilitation in the downtown area was d iscussed. Ms. Powers
pointed out that there is a need for a program to assist property owners
in improving the existing property. If low interest loans were to be
made available to property owners to assist in the rehabilitation of build-
ings, would the Authority consider a time element in which rehabil.itation
should be done. Mr. Minnick commented that h would a r that rehabilita-
tion efforts should be mandatory, but that help must be provided to thes
people to do the rehabilitation.
Ms. Powers discuss d the proposed R location Plan. Relocation hen fi t s
mu t b provid d as required by th Urban Renewal Statues. The propo ed
R location Plan r equi r es a 90-day notice, a maximum of $10,000 in b n fits
for comm r cial uses, a 90-day notice, and a maximum of $2 ,500 in hen fits
to tenants of resid ntial unit s who are displaced, and a 90-day notic and
a maximum of $5 ,000 in benefits to owner/occupants of residential units.
Mr. Vo th not d th t
developed , nd th t
and hav
paid on
paid on
n Ren wal
wal Plan,
sion."
to
th
th rty
th
b
Mr. Dickln on sk dhow litig tion would a ct th
r loc tion plan; would th proc ss b slow d by th
•
whil th mall is bing
t
rd Avenu
would b
b cau
in th
1 w ult ?
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Mr. DeWitt discussed the process followed in condemnation of pro pe rty ,
noting that the City must enter into negotiations with prope rty own e r s ,
and that the 90-day time element is workable. Mr. DeWitt noted that if
a court suit results and property is condemned, the City does n o t pay
c ourt c ost s ; the "judgement" on the property is paid by the Cit y .
Mr. Vo th discussed a rumor that Mr. Brady of Brady Enterprises would giv
preferential treatment to businesses required to relocate, such a s a given
amount off on the first year's lease. Discussion ensued. Ms. Power s
stated this would be a private action, and not of concern to the Autho rit y
in the considerati.on of the Urban Renewal Plan.
Ms. Powers stated that the question o f land swap and building swap ha s
been raised. Mr. DeWitt stated that land swaps have been done, and c ite d
the golf course as a point in fact. Mr. DeWitt discussed procedure f o r
land swap, including the need for appraisals, which can amount to $2,500
to $5,000 per parcel, and would be the financial responsibility of the
City according to law.
Ms. Powers stated that the Financing section of the Urban Renewal Plan
has been written with the assumption that Cinderella City will b e include d
wi th i n the Urban Renewal District. She asked Mr. Bell t o lead discussion
on this s ection of the Plan.
Mr. Bell stated that revenues from the following s ources can be u s ed to
fi nance the public improvements proposed:
1. Property tax i n c rement f inancing.
2 . Sales tax i n c r e ment fi nan c ing.
3 . I ntergovernm e ntal cooperation wi th the Cit y of Englewoo d.
4 . I nves tment of fu nds in pr operty o r s ecuri t i e s i n whi c h pub lic bo d ies
ma y legally i nves t.
5 . Adva nces , l oan s , g rants and contribut ions f r om th f e de ral gove r nment.
Sale or l as of proper ty as sp cifi d i n the l'rban R n ewal Plan .
Mr. Bell stated that the i mp roveme n t of Li t tle Dr y Cr ek mus t b don b -
fore any oth r activity can b accomplished . The d termination to be mad
now is wheth r th rear sufficient revenu s to proc d with th improve-
m nt of Littl Dry Cr ek. No priv t dev lopment is going to occur until
develop r h v proof of the public improve nts. The ph sing of public
improv ments call ford ign compl tion on Littl Dry Cr k by Janu ry,
1983, and furth r public improvem nts to b don within then xt couple
of y rs. Estimat d cot ar $10,000,000 for Little Dry Cr k Jmprove-
m nts, and $15 ,000 ,000 on oth r public improv ment , such s roadw ys,
ov rpasses, p destrian mall and utilities .
Mr.
th
Mr. Bell
d cone rn r g rding i nclusion of Cind r lla City within
out that Cind r lla Ci t y is m jor ourc of
City of Englewood op r a t i n g budg t . If th
inclu d din t h Ta x Iner m nt Fin ncing Dis-
p y bl to th City would b froz n t th curr nt
wo u ld o co th Urban Rn wal Authority
d that conaid r tion ia now b ina aiv n to including th
prop rty tax r v nu a in th Tax Iner nt Fin ncin , but
t x rev nu a. If thia ia poaaibl , it would &iv addition l
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revenues to the Authority from the improvements being made by Cinderella
City.
Mr. Haviland questioned if it would be possible to use a different pe r-
centage of revenues from Cinderella City than from the remainder of the
District? Mr. Bell stated he felt such an apportionment would be challenged
legally. He s tated that the assessment must be consistent within the Dis-
trict; whatever percentage is determined to be used must apply to all
properties/businesses within the Tax Increment Financing District.
Mr. Bell stated that a second issue to be considered is the ability of
the City to contribute and pledge funds to the financing of the public
improvements . Re pointed out that a portion of the sales tax revenues
are used for Capital Improvement programs; the possibility of the City
pledging those funds to the Urban Renewal Authority is being explored.
Mr. Bell stated the biggest problem to be determined is "can we even do
it ." He stated that he has been trying to locate enough revenues to pay
for the project. The possibility of the City purchasing properties to
donate to the Authority for resale is being considered.
Mr. Bell stated if the Authority wants financing for the $25,000 ,000 in
public improvements, we must have private development commitments for all
four phases of development before proceeding. If the Author ity determin es
financing for Little Dry Creek is all they want to undertake at this time,
commitments on Phases #1 and #2 of private development must be in hand.
Mr. Bell questioned that one developer could commit to the private develop-
ment in all four phases.
Mr. Bell referred t o tables on financing which h had prepared, wh ich
tables indicate that there will be a shortage of revenue in th early
year s of th progr m, and we could, in fact , realiz no revenues from th
red velopment until 1991. He suggested that po ssibly a line of e r dit on
som of the privat d velopment projects be obtained.
Mr. B 11 stated that a question to be de termined is wh ther Littl Dry
Creek is comple ted up-f ront knowing there are no comm itmen t s on priv t
development in Phas s 3 and 4; do we tell investors there are no co it-
ments on Ph s s 3 nd 4?
Mr. Laa a k d if th hotel t xis xisting or propos d? Ms. Pow r s
stat d that it ia propos d.
Mr. B 11 furth h d pr pardon fin ncing, pointin
out cone rn h mph slz d th Urban n wal Authority must con-
sid r a 175% to 200% cov ra factor ov r nd abov th d bt rvic to
g t u through th ficit" y an. Furth r discusaion nsu d.
Mr. H vil nd sk di{ th d v lop
stat d th t Jf d v lopm nt could b
fin ncial picture.
th
on
is
d w r
ass s
in ratio with
Mr. vi ky nt rd th • tin at 7:00 P.M .
phases could vary ? Mr. B 11
t d Jt would b h lpful to th
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if th fin n 1 1
Mr. Bell stat d
d valu.
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,
Mr. Bell stated he felt it is now time to discuss development connnitments
with Mr. Brady and determine to what extent he is willing to commit. If
Mr. Brady will only commit to private development set forth in Phase I,
Mr. Bell stated he would have to recommend against proceeding with the
proposed redevelopment program. If commitments could be secured for
Phases land 2, improvements to Little Dry Creek could proceed; he em-
phasized that if the Authority wanted to undertake financing of the entire
$25,000,000 of public improvements, definite commitments must be received
on all four phases. Discussion ensued. Mr. Bell stated he felt such
public improvement projects as the Little Dry Creek flood control measur es ,
and the utility lines could not be delayed but must be done up-front.
Mr. Powell excused himself from the meeting.
Ms. Powers pointed out that the absolute minimum in public improvements
would still cost approximately $17,000,000.
The need for mutual public/private commitments was discussed . Ms. Powers
stated she felt the Authority could now approach Mr. ijrady with a definite
statement of needed commitments on his part so that we can proceed with the
public improvement of Little Dry Creek.
Mr. Dickinson asked if there was any effort made to seek additional developers
for Phases 3 and 4? Ms. Powers stated that no active solicitation for de-
velopers has been undertaken at this time. She pointed out that the actual
financial aspect was not clear previous to this time, and no determination
on the exact needs could be made. Discussion followed.
Figures us ed in writing the financing section were considered. Mr. Be ll
noted that the figures used were very conservativ . Discus ion ensued.
Mr. McClung asked if the boundaries of the District were increased , would
it have a favorable impact on the figur s? Mr. Bell stated that the
bo undaries could be increased, but the assessed valuation may not increase.
Mr. Haviland again asked if th phas s of development could b a ccomplished
in a different order? Mr. Bell stated that if Phase 4 of private develop-
ment were to be done before Phas 2, it would be of great help to th
financing.
Mr. Did asked how larg the g p was on th
that if th estim ted $100 pr sq. ft. pry
to $125 per sq. ft. per y ar, it would work,
th ncoverage" fac tor n d d.
financing? Mr. Bell st t d
ar on retail sp ce w r rai d
but thi.s still would not give
Us T x revenu s w r discuss d. Th po sibility of using th Us Tax
r venues and scrowing th funds wa discussed by Mr. B 11. H point d
out that this would bes parat from th sal s tax revenu s. The po sibility
of a County-impos d sal tax distribution of those funds to county
municipaliti s w s also discus M, Pow rs asked if th s funds could
be us d just within th improv nt district? Mr. B 11 tat d this h d
y t to b d t rmin d.
Th privat improv ment phasin of construction was furth r con id red.
It wa not d th t possibly Phas s 1 nd 3 could be combin d to a gr at
xt nt becaus of th work on Little Dry Cr k and th ff ct this work
w!ll h v on prop rti son South Ao Str t and South Bannock Str t,
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-7-
Ms. Powers reported that Mr. Brady's negotiations with Key Savings are
said to be going very well.
Discussion ensued. Mr. Voth stated it appeared to him that development
in Phases 1 and 2 must be expanded to increase the assessed valuation
figures to make further redevelopment and improvements feasible.
Mr. Dickinson asked about increasing the sales tax within the City. Mr.
Bell pointed out this would require an election to approve a sales tax
increase; he felt approval would be remote.
The type of tenants who might locate in the new development was discussed.
Mr. Novicky asked if there would be "magnet" stores in the area to attract
oth e r high-quality tenants. Mr. Haviland stated that Joslins is an "anchor"
store, and the projected hotel would be another "anchor" development.
Mr. Voth asked if Mr. Brady has been party to discussions on the financing
aspect of the project. Ms. Powers stated that Mr. Brady has been asked to
put in writing by this Friday, April 23rd, what his comments are.
Mr. Bell stated it was important to get the Urban Renewal Plan approved,
and get the assessed valuation fixed.
Mr. Voth asked if development conunitments on Phases 1 and 2 were needed
before the Plan could be referred to City Council? Mr. DeWitt stated he
did not think Council would require signed developers agreements to ap-
prove the Plan. Mr. Haviland asked when developers agreements were needed ?
Mr. Bell stated they would be needed before bonds could be issued.
Mr. DeWitt stated it is important to figure out how much conunitment we
are going to get from Brady, how much he can develop, to determine the
revenues that may come in so we can issue bonds. He stated he felt the
Authority could now say that a given amount is needed each year. Dis-
cussion followed .
Mr. Voth asked if the Plan could not be approved by both Urban Renewal
Authority and City Council contingent on the developer's agreement? Mr.
Bell pointed out that approval of the Plan does not mean bonds will be
issued. Further discussion ensued.
Mr. McClung asked if there was any information available on th busin ssm n
interested in remaining in this redevelopment area, or on any new busin ses
that have an interest in r locating here? Mr. Haviland stated ther have
been no serious discussions with the merch nts until this week, and not on
a site-specific basis. Mr. Haviland stated that a marketing strat gy is on
th work schedule, but has not been developed.
Mr. McClung stated he felt a lot of enthusiasm could b generat d for
this area; he not d th proximity to Denver and stated he flt Englewood
could b a definite asset to the metro area. He felt as lling job should
be und rtaken to get d v lopers interested in this proposal .
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-8-
V. Little Dry Creek Up-date.
Ms . Power s stated the City Council will hold a meeting at 7:00 P.M. on
April 22nd to discuss alternatives on Little Dry Creek between Gi rard
and Hampden Avenues. Titis matter will be on the Urban Renewal Agenda
for May 5th.
VI. Secretary's Report.
Ms. Powers reported that the tour of Brady's downtown Denver project has
been rescheduled to Hay 1st at 9:00 A.M.
Ms. Powers stated that a written report on the trip to Baltimore to view
redevelopment efforts was included in the packet of information delivered
to Urban Renewal Authority members. She stated she does have some slides
of this trip she would like to show at another time.
Tite meeting adjourned at 7:55 P.M.
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LI QUOR LICENSE AUTHORITY MINUTES
May 5, 1982
5
The meeting was called to order at 7:3 5 p.m. by Chairperson , Donald Stye s .
MEl"BERS PRESENT:
MEMBERS ABSENT :
ALSO PRESENT:
Donald Styes, Lloyd Bryan, Frances Co sby, Ron Lunde rs
Ron Blanchard
None
Charlie Grirnn, Assistant City Attorney
Eric Johannisson, Revenue Chief
Brenda Castle, Recording Secretary
* * *
MR . BRYAN MOVED, AND MS . COSBY SECONDED, TO APPROVE THE MINUTES OF THE MEETING
OF APRIL 7, 1982.
AYES :
NAYS :
The motion carried.
Donald Styes, Ll oyd Bryan, Frances Co~by, Ron Lunder s
Ron Blanchard
None
* * *
The Authority received an application for the 3.2 Beer License -Off Premises
rrom the So uthland Corporation dba 7-Clcven Slore, 350 1 South Logan Slreet,
Englewood, Colorado .
MS. COSBY MOVED, AND HR. LU NDER S SECONDED, TO SET A PUBLIC HEARING DATE FOR
JU NE 23, 1982 AT 7:30 p.m. IN THE COUNCIL CHAt-EERS FOR THE PURPOSE OF CO NSIDERING
SAID LICENSE ANO, FURTHER, TO ESTABLISH A NEIGHB ORHOOD BORDERED BY YALE AV ENUE
ON THE NORTH, BANNOCK ON THE WE ST, OXFORD AVENUE ON THE SOUTH ANO LAF AYE TTE ON
THE EAST.
AYES :
NAY S.
The motion c rried .
Donald Styes, Lloyd Bryan, Frances Cosby, Ron Lund rs
Ron Blanchard
None
* * •
Th Authority r ceiv d mo from Dav Miller of th Englewood Poltc
s t t ng thats v ral arr sts had b n mad at the Liquor Barn, 441 5 S. Broadw y,
on th venings of April 9th nd 10th . Th inv stfgatfon r sult d fn th rr st
nd/or detain nt of sixteen p rsons, five of which r Juvenfles. Most of
th violations involved Juv nil s asking adults to purchase liquor for th .
Th n r wa s not cited nor wer any of the mploye s .
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Liquor License Authority
May 5, 1982
page 2 -
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The Authority requested Mr . Johannisson contact the State Revenue Division for
their interpretation of the term "premisesM as it applies to violations of this
type .
* * *
MR. BLANCHARD 1-,0VED, AND MS. COSBY SECONDED, TO APPROVE THE · RE!iEWAL APPLICATION S
FOR THE FOLLOWING:
Sport Bowl
3295 S. Broadway
3.2 Beer -On premises
expires 7/16/82
AYES:
NAYS :
The motion carried.
Bar Harbor
3484 S. Broadway
Tavern
expires 7/6/82
Ken' s Lounge
2893 S. Broadway
Tavern
expires 7/9/83
Donald Styes, Lloyd Bryan, Frances Cosby, Ron Lunders
Ron Blanchard
None
* * *
Members of the Authority turned in completed Colorado Municipal League surveys
concerning the need for revisions in the Colorado Liquor/Beer codes.
* * *
The Author1ty discussed the possibility of instigating an i dentification program
for persons servi ng liquor in Englewood similar to programs in Littleton and
Arapahoe County. It was decided to table the discussion until a need for
this type program could be established.
* * *
There being no further business to discuss. the meeting was adjourned at 8 :45 p .m.
/be
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MEMORANDUM
TO:
FR:M:
DI\TE:
John IDWry, Assist.an Director of Finance
Division Chief Frazier, Police Department
May 11, 1982
~ TO 'llfE POLICE lEPARIMENr
Cn May 5, 1982, this department received a checJc in the armunt of $1,500
fran the estate of Helen Katherine Geddes. This check repre&ented a bequest
fl"CJ!I her last Will and Testanent aaninistered by Carl H. Seeliger, Jr.,
Attorney at Law.
Mrs. Geddes apparently was expressin] her gratitu1e to us for sane oontact
she hcKi with us in the past.
It is our desire that this Italey be placed into our camumications Division
capital outlay b.o:Jet, 02-50-4432, and be used to p..irchase a much needed
Event and Time Lapse Reader and Printer. This syst.an is necessary to accurately
nonitor the nUttier and duration of prone calls and radio nessages occurrin]
in the cx:mrunications center. While this sys tan was rot requestEd in our 1982
b.o:Jet, the need has becune increasin]ly rrore clR)arent.
The estimated oost of this systan is $1,426 incl\rlin:] installation. We feel
this very generous bequest can be ~t to practical use in this manner •
.m~.a~~
RJnald D. Frazier, Di~ion Chief
Mni.nistrative Division
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9e,o flRS1 !\A1JO,\J hA'h hl JLDJtr.;G
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GARL B SEEUG ER . JR
A TTQR-.;"J:, A T LA''
D£~"VER , COLOR.A D{) 80203
May 5, 1982
Englewood Police Department
3 400 S. Elati
Englewood, CO 80110
Re: Estate of Helen Kathryn Geddes
Gen tlemen:
TELEPHOS E 534-3144
As personal representative of the above-captioned estate
I am enclosing a distribution check payable to your order as
a distributee pursuant to the terms of the Last Will and Tes-
tament of Helen Kathryn Geddes.
As personal representative, I am now in a position to
commence closing the estate since the same has been almost
fully administered. In the future you will be receiving from
me certain legal documents for the purpose of closing the
estate.
Should you have any questions please call.
Yours very truly, '._ /~
c~~/~4,(y~
Carl H. Seeliger, Jr.~
CHS/kah
Enclo ur
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4140 South Huron Street
Englewood, Col orado 80110
April 26, 1982
Mayor Eugene Oti• and
Me•l>era of the Ea1lewood City Council
3400 S••th Elati Street
B01lewoed, Colorado 80110
Dear Friead•:
It i• with conaiderable regret that I find it
neceaaary to reai1n •Y co .. iaaion on the Engle-
wood Board of Career SerYice Coaaiaaionera,
effectiYe June 1, 1982.
Under the preaent circ .. atancea, I find it
diffic•lt to aerye the "beat iatereata of the
citisena of Bn1leweod.
I appreciate Yery ••ch the ceafidence you baYe
placed in•• in appointin& •• to thi• ce .. iaaien
and aa 1rateful fer tlle opportun ity to aerYe •Y
fellow citi•••••
C
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C O U N C I L C O M M U N I C A T I O N
DATE
May 11, 1982
AGENDA ITEM
lL B
SUBJE'CT Award of Contract for Consulting
Services and Related Appropriation of
Funds
INITIATED BY Public Library Advisory Board
ACTl ON PROPOSED Council award contract and appropriate necessary funds.
INTRODUCTION
At its meeting of March 8, 1982, the City Council approved issuance of a Request For
Proposals (RFP) for consulting services related to acquisition of an automated manage-
men t system for the Library Department. RFP's were sent to approximately 30 firms,
both national and local, with the proposals due no later than April 9, 1982.
BAC GROU D INFORMATTO
Th nine (9) proposals received (one of which was from a local firm) were evaluated by
the L1br r y Consul tant Selection Committe which was composed of 4 Library Staff members,
1 Library ard mber, and Margret Free an, Information Systems tanager for the City.
2
luat1on of th proposals ublllitted nd extensive reference checks, the
tena1ned that it would p rson lly interview represent tives from 2 firms.
e interviews the Committe unanimously indicated RMG Consultants,
1nois, • its first choice for the project consultant.
project in four ph ses (A-D). RMG's fixed price for phases
price 1nclud s 6 trips (totalling 10 days) to the Engle-
1 o include production of 4 docu ens in addition to pro-
to ted system propo al evalu tion nd contr ctn gotia-
y t 0
bo\ ($10,725) J not 1n
1 1t 1 us th t hr
ervices for th Public
ho1ce.
•
for th En 1 -
P'n•
uld
In ona t1on
v on oth r
o v1s1 s to inst 11
trip would cot $3390.
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The estimated cost of sending 3 staff members to 3 installed sites is $2700 .
These act1v1t1es were not addressed in the RFP because it is not known how many such
trips the project will requ ire. The inclusion of the above cost estimates would add
$6090 to the project cost for a total of $16,815.
The 1982 Library Department Budget includes $5,000 for consulting services. Therefore,
an additional $11,815 is required to fully fund the estimated project costs as presented
above. If Council chooses to reappropriate the $6,955 unexpended balance encumbered in
19 0 by the Department for data processing services, the total additional appropriation required would be $4,860.
RECOMMENDATION
It is the recommendation of the Public Library Advisory Board that Council approve award
of the contract for Library Department consulting services to RMG Consultants, Inc.
and appropr iate $11,815 to the Department to cover estimated project costs.
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ORDINANCE NO. 22
SERIES of 1982
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BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE CREATING PAVING DISTRICT NO. 28 IN THE CITY OF
ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION
OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS
TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND
AVENUES; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID
IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH
THE DISTRICT.
WHEREAS, the City Council of Englewood, Colorado,
pursuant to the Charter and the Municipal Code of the City, and
' the Laws of the State of Colorado, hereby finds and determines
that there exists a necessity for the creation of Paving District
No. 28, in the City, and the construction and installation therein
of street paving, curb and gutter and sidewalk improvements,
together with necessary incidentals, on certain streets and
avenues; and
WHEREAS, Notice of a public hearing concerning the
creation of the District and the construction and installation of
the improvements therein has been published once a week for three
consecutive weeks in the Englewood Sentinel, a newspaper of
general circulation in the City, and in addition, a notice has
been mailed, postage prepaid, to each known owner of real property
within the proposed District; and
WHEREAS, at the time and place set forth in the notice,
the City Council met in open session for the purpose of hearing
any objections or protests that might be made against the proposed
district or the improvements to be constructed or installed;
and
WHEREAS, the Council has determined that certain pro-
tests and objections should be granted and certain i11prove11ents
d leted from the proposed list of ifflprovements, and the remaining
protests and objections overruled1
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Creation of the District. That a special
improvement district for the construction, installation or im-
provement of the improvements hereinafter described, is hereby
created and established in accordance with the Charter and the
Municipal Code of the City, and the Laws of the State of Colorado,
and shall be known and designated as •paving District No. 2e•.
All proceedings heretofore taken and adopted in connection with
the District are hereby ratified, approved and confirmed.
Section 2. Engineering Plans and Specifications. That
the engineer's reports, together with all of the details, specifi-
cations, estimates, maps and schedules thereto attached or ap-
pended, are hereby approved and adopted.
Sect ion 3. Distr ict Boundary. The extent of the
District to be assessed for the cost of the i•provements and the
area to be included within the boundary of the District, shall be
all the real property specially benefited, and fronting or abutt-
ing on the streets and avenues between the termini described in
the following Section, including the real property within one-half
(1/2) block of such streets and avenues.
Sect ion 4. Description of Improveaents. The kind
of improvements and the streets and avenues on which such improve-
ments shall be constructed or installed shall be as follows:
a. Necessary grading and excavation, paving with
6• compacted gravel base course and 2• asphaltic
concrete surfac , (e xcept as noted at the end
of th list of streets) concrete walks, curb and
gutter where not presently adequate; together with
appurtenances and incidentals on the follow ng
streets and avenues:
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ON FKM 'ID
s. Acana St. N. line Jefferson Ave. N. line Kenyon Ave.
s. Acana St. s. line Kenyon Ave. N. line Lehigh Ave.
s. AcC1na St. s. line Lehigh Ave. N. line Mansfield Ave.
s. AcC1na St. s. line Mansfield Ave. N. line Nassau Ave.
S. AcClna St. s. line Nassau Ave. N. line Oxford Ave.
S. Acana St. s. line Stanford Ave. N. line Tufts Ave.
s. Logan St. s. line Yale Ave. s. line Annerst Ave.
S. Logan St. s. line Annerst Ave. s. line Bates Ave.
s. Logan St. s. line Bates Ave. s. line Cornell Ave.
s. Logan St. s. line Cornell Ave. N. line Dartnouth Ave. w. Union Ave. E. line Decatur St. w. line of Clay Street
The improvements constructed on So. Logan St. and West
Union Ave. will consist of an e• compacted gravel base course and
l:. asphaltic concrete surface;-the City will pay the difference
in costs which exceed the cost for 6• base course and 2• asphalt
surface, and the extra width cost.
b. Necessary replacement of walks, curbs,, gutters
where not presently adequate; together with appurte-
nances and other i ncidental work on the follow i ng
streets and avenues :
00 FIOl 'ID
w. Radcliff Drive w. line of 3170, 3173 w. w. line Federal Blvd.
Radcliff Dr.
w. Chenango Ave. E. line !:Dwell Blvd. w. line Irving St.
w. Stanford Ave. E. line Irving St. w. line Federal Blvd.
W. Grand Ave. E. line !:Dwell Blvd . w. line Irving St.
S. Acana St. s. line Quincy Ave. N. line Radcliff Ave.
w. Be llCNOOd Dr . E. line Irving St, w. line Federal Blvd.
W. Chenango Ave . E. line Federal Blvd. w. line Decatur St.
W. Grand Ave. E. line I rvi ng St. w. line Federal Blvd.
W. Layton Ave. E. line Federal Bl vd . w. line Decatur St.
w. Momou th Ave. E. line I rvi ng St. w. line Federal Bl vd .
w. Pimlioo Ave. E. line Irving St. w. line Federal Blvd.
w. Saratoga Ave. E. line Federal Blvd. w. line Decat ur St, w. Stanford or. s. line Stanford Ave. w. line Federal Blvd. w. Tanforan Dr. E. line Federal Blvd. w. line Decatur St. w. TUfts Ave. E. line Irving St. w. line Federal Blvd.
w. Union Ave. E. line Federal Blvd. E. line Decatur
Section 5. Improvements Authorize d. The construction
or installation of t h street paving, curb and gutter a nd sidewalk
improvem nta, together with necessary incident a ls, in and for the
District, as shown by the plans, specifications a nd maps thereof,
approved by the City Council of the City, is hereby authori zed and
ord red, the material to be ua d in the construction of aaid
improv m nta o be in accordanc with auch maps, plans and apeci•
fications. -3-....
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Section 6. Assessment of Costs. The probable total
cost of the improvements to be constructed or installed is
$617,600: it is proposed that the City of Englewood will pay
approximately $145,000; the remainder of the cost will be assessed
against the property within the district and specially benefited
by the construction and installation of the improvements. The
approximate share of the total cost to be assessed per front foot
against any lot or tract of land fronting or abutting on said
improvements will be as follows:
asphalt paving on streets 36' wide
( 6 and 2) $27.10 per front foot
Paving of
mate.
4" thick
4" thick
vertical
sidewalk
other widths shall
curbwalk -Type I
curbwalk -Type II
curb and gutter
4' wide
be in proportion to the above esti-
$21.71 per front foot
$24.96 per front foot
$14.44 per front foot
$13.78 per front foot
6" thick concrete slab $ 4.34 per square foot
All estimates exclude the six percent ( 61) for collec-
tion, incidentals and interest as provided by law.
Section 7. Payment of Asaeaamenta. The assessments
will be due and payable without demand within thirty (30) days
from and after the final publication of the Ordinance assessing
the whole coat of said improvements against the real property
in the District. In the event any owner of real estate shall
fail to pay the whole of such assessment against his or her
property within said thirty (30) days, then the whole cost of the
improvements so assessed against such property shall be payable in
ten ( 10) equal annual install ent of principal. The first of
such installm nts of principal shall be due and payable at such
time as will be determined in the assessing ordinance and the
remainder of said installments shall be due and payable succes-
sively on the sam day in each year thereafter, until all are paid
in ful 1. Th maximum rate of interest to be paid on unpaid and
deferred installments shall not exceed 181 per annua, and will be
stabliahed by ordinance to be adopted by the City Council
a a later date.
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Section B. Special Improvement Bonds. By virtue of and
pursuant to sa i d laws and the Charter and the Municipal Code of
the City, local improvement bonds of the City shall be issued for
the purpose of paying for the local improvements described in this
Ordinance, in an amount not to exceed the cost and expenses of
said improvements, including engineering, legal and incidental
expenses, as provided by law. The bonds shall be issued based
upon estimates approved by the City Council, and as authorized by
an Ordinance to be passed by the City Council at a later date.
The maximum rate of interest on special improvement bonds for
Paving District No. 28, shall not exceed eighteen ( 18) per cent
per annum. The bonds and the interest thereon shall be payable
out of special assessments to be levied against the real property
included within the District and specially benefited by the
i mprovements to be constructed or installed.
Section 9. General Benefits. The City Council hereby
finds and determines that the improvements proposed to be con-
structed and installed will confer a special benefit upon the
property within the District and a general benefit upon the
City as a whole.
Sect i on 10. Severability. That if any one or more
sections or parts of this Ordinance shall be adjudged unenforce-
able or inv a lid , such judgment shall not affect, impair or i nval-
idate the rem a ini ng provisions of this Ordinance, it being the
intention that the various provisions hereof are severable .
Section 11. Hearing. In accordance with Section
40 of the City Charter, the City Council shall hold a public
hearing on this ordinance, before final passage, at 7:30 P.M. on
Monday, April 26, 1982.
Section 12. Publication and Effective Date. Thia
Ordinance, after its final passage, shall be nulllbered and record-
ed, and the adoption and publication shall be authenticated by the
signatur of the Ma yor and the Director of Pinanc , ex-officio
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City Clerk-Treasurer, and by the Certificate of Publication. This
ordinance shall become effective thirty (30) days after publication
following final passage.
Introduced, read in full, and passed on first reading on the
5th day of April, 1982.
Published as a Bill for an Ordinance on the 7th day of April
1982.
Read in full and passed as amended on the 3rd day of May,
1982 .
Published in full as amended on the 5th day of May, 1982.
Read by title and passed on final reading on the 17th day
of May, 1982.
Published by title as Ordinance No·~~~' Series of 1982,
on the 19th day of May, 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 fore-
going 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
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I
BY AUTHORITY
ORDINANCE NO.
SERIES OF 1982 __ _
(/
COUNCil. BILL NO. 28
INTRODUCED BY COUNCil.
MEMBER FTl'ZPATRICK
1/)
AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER
GOVERNMENTAL ENTITIES TO USE THE ENGLE WOOD ANIMAL SHELTER •
WHEREAS, the City of Englewood maintains an animal shelter; and
WHEREAS, the City of Englewood has Slfficient capacity to avail other
governmental entities of the services of the shelter; and
WHEREAS, by contracting with other governmental entities, the cost of
operation will be reduced to the citizens of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1.
The City Council of the City of Englewood approves the form of
contract hereafter appearing and authorizes the Mayor and City Clerk to sign
for and on behalf of the City Council of the City of Englewood and
authorizes the City of Englewood to enter into said contract with those
governmental agencies desirous of using the Animal Shelter facilities of the
City of Englewood.
Introduced, r ad in full, and passed on first reading on the 3rd day
of May, 1982.
Published as a Bill for an Ordinance on the 5th day of May, 1982.
Read by title and passed on final reading on the ____ day of
-------, 1982.
Published by title as Ordinance No. , Series of 1982, on the
____ day of , 1982.
Eugene L. Otis, Mayor
Attest:
x officio City Clerk-Treasurer
I, Gart R. IUg , ex officio City Clerk-Tr asurer of the City of
Englewood, Colorado, hereby certify the bov is a true, accurate and
co mple copy of th Ordinance on final reading and publi!tled by
Ordinanc No. , Serl• of 1982 •
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ANIMAL SHELTER AGREEMENT
THIS AGREEMENT, entered into by and between the CITY OF ENGLEWO OD ,
COLORADO, a municipal corporation, hereinafter referred to as "Englewood",
and
Colorado, hereinafter referred to as "User";
WTI'NESSETH
WHEREA S, the City of Englewood, a municipal corporation, operates and
maintains an animal melter and disposal facilities, hereinafter referred to
as "Facility"; and
WHEREAS, User desires to participate in the use of said Facility.
NOW, THEREFORE, rr IS AGREED by and between the parties hereto as
follows:
L That Englewood mall provide an animal melter facility and
services incident thereto.
IL Englewood, at the Facility, mall accept from proper officers or
wardens of User dogs or cats delivered to it fo r care. Englewood may refuse
to accept any animal other than a dog or cat and may refuse to accept any
animal or which 1 c mo provide proper care.
m. ration of th Facility established by
Engl wood in writing for deliv ry of animals by proper officers or wardens
of U r those tim during which the public may
claim hou o ration all SJ to ch ng only with
thirty '{!I w d no to U r.
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IV. All animals shall be disposed of by Englewood after the sixth day
of confinement at the animal pound or on a date specified upon written
notice from User on forms approved by Englewood. Disposal may be through
adoption, transfer to a research agency, or cremation.
V. Englewood, by City Council Resolution, shall. from time to time,
establish a fee ochedule for services rendered at the Facility. Services
for which fees shall be charged include, but are not limited to,
impound ment, boarding, euthanasia, and disposal. 'Itte charge for fees may be
changed from time to time; however, no change in fees shall be effective
until thirty (30) day.;t written notice is given User.
VI. Englewood, upon written authority by User, shall write animal
citations for User. If Englewood animal wardens are required to appear in
Court for a citation written for User, Englewood shall be reimbursed for
actual hours spent in court. 'Itte charge for this time shall be based upon
animal warden's hourly compensation rate, which rate shall include salary,
FICII., Workmen's Compensation Insurance, and pension. If the time spent in
court results in overtime, the reimbursement shall be on the basis of 1.5 x
hourly compensation rate. User shall be billed for a minimum of two hours.
Charges for time spent in court shall be reflected separately on Englewood's
billing to User.
vn. Englewood S'lall, by the thirtieth day following each month,
provide an accounting to User. User shall pay those fees established by
Co uncil Resolution to Englewood within fifteen days after date of statement.
Englewood shall collect for U r, fe User imposes on members of the public
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claiming animals brought in by User and credit User's obligation to
Englewood. User shall give Englewood notice in writing of said fees and
shall provide Englewood with thirty (30) days' notice in writing before any
fee change shall be effective.
VIII. The terms and conditions of this agreement shall be in full force
and effect until thirty (30) days' written notice is given by either party
to the other. After thirty (30) days of giving written notice of
termination to the other party, this contract shall be terminated.
IN WITNESS WHEREOF, the parties have hereunto set their bands and
seals on the day and year set forth below.
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Attest:
City Clerk
USER:
Attest:
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ORDINANCE NO.
SERIES OF 1982--~
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BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER
GOVERNMENTAL EN1TI'IES TO USE THE ENGLEWOOD ANIMAL SHELTER •
WHEREAS, the City of Englewood maintains an animal shelter; and
WHEREAS, the City of Englewood has sufficient capacity to avail other
governmental entities of the services of the shelter; and
WHEREAS, by contracting with other governmental entities, the cost of
operation will be reduced to the citizens of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1.
1'le City Council of the City of Englewood approves the form of
contract hereafter appearing and authorizes the Mayor and City Clerk to sign
for and on behalf of the City Council of the City of Englewood and
authorizes the City of Englewood to enter into said contract with those
governmental agencies desirous of using the Animal Shelter facilities of the
City of Englewood.
Introduced, read in full. and paseed on first reading on the 3rd day
of May, 1982.
Published as a Bill for an Ordinance on the 5th day of May, 1982.
Read by title and passed on final reading on the ____ day of
-------I 1982.
Published by title Ordinance No. , Series of 1982, on the
____ day of _________ ., 1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Tre rer
I, G ry R. Hig , ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, her by certify th above is a true, accurate and
co mplete copy of the Ordinance passed on final reading and published by
title Ordinance No. , Seri of 1982.
Gary R. H
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ANIMAL SHELTER AGREEMENT
THIS AGREEMENT, entered into by and between the CITY OF ENGLEWOOD,
COLORADO, a municipal corporation, hereinafter referred to as •Englewood",
and
Colorado, hereinafter referred to as •user-;
WITNESSETH
WHEREAS, the City of Englewood, a municipal corporation, operates and
maintains an animal shelter and d1sposal facilities, hereinafter referred to
as •Facility"; and
WHEREAS, User desires to participate in the use of said Facility.
NOW, 't'HEREFORE, IT IS AGREED by and between the parties hereto as
follows:
L That Englewood shall provide an animal shelter facility and
services incident thereto.
IL Englewood, at the Facility, shall accept from proper officers or
wardens of User dogs or cats delivered to it for care. Englewood may refuse
to accept any animal other than a dog or cat and may refuse to accept any
nimal for which i c MO provide proper care.
m. The hours of oper tion of the Facility shall be established by
Englewood 1n writing for delivery of animals by proper officers or wardens
of U r and shall aloo bUsh those times during which the public may
claim anim The hours of operation shall be SJbject to chang only with
thirty da~ written notic to U r.
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IV. All animals shall be disposed of by Englewood after the sixth day
of confinement at the animal pound or on a date specified upon written
notice from User on forms approved by Englewood. Disposal may be through
adoption, transfer to a research agency, or cremation.
V. Englewood, by City Council Resolution, shall. from time to time,
establish a fee s::hedule for services rendered at the Facility. Services
for which fees shall be charged include, but are not limited to,
impoundment, boarding , euthanasia, and disposal. The charge for fees may be
changed from time to time; however, no change in fees shall be effective
until thirty (30) da'j!f written notice is given User.
VI. Englewood, upon written authority by User, shall write animal
citations for User. If Englewood animal wardens are required to appear in
Court for a citation written for User, Englewood shall be reimbursed for
actual hours spent in court. "nle charge for this time shall be based upon
animal warden's hourly compensation rate, which rate shall include salary,
FICA, Workmen's Compensation Insurance, and permon. If the time spent in
court results in overtime, the reimbursement shall be on the basis of 1.5 x
hourly compensation rate. User shall be billed for a minimum of two hours.
Charges for time spent in court shall be reflected separately on Englewood's
billing to u r.
vn. Englewood shall. by the thirtieth day following each month,
provide accounting to U r. User shall pay those fees established by
Council R lution to Englewood within fifteen days after date of statement.
Englewood collect for U r, f U r imposes on members of the public
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claiming animals brought in by User and c redit User's obligation to
Englewood. User shall give Englewood notice in writing o f said fees and
shall provide Englewood with thirty (30) day.I notice in writing before any
fee c hange shall be effective.
VIII. The terms and conditions of this agreement shall be in full force
and effect until thirty (30) day.I written notice is given by either party
to the other. After thirty (30) days of giving written notice of
termination to the other party, this contract shall be terminated.
IN WI'rnESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year set forth below.
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Dated -----------,M~a-y_o_r___ -----------
Attest:
City Clerk
USER:
Dated ----------------------------
Attest:
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P R O C L A M A T I O N
WHEREAS, public works services provided in our community
are an in tegral part of our citizens' everyday l i ves; and
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of public works
systems and programs such as water, sewers, streets and highways,
p ubl i c b uil dings, solid waste collection and snow removal; a nd
WHEREAS, the health, safety and comfort of this community
greatly depends on these facil i ties and services; and
WHEREAS, the quality and effectiveness of these facil i -
ties, as well as their planning, design and construction, are
vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated
per sonnel who staff public works departments is materially
i nfluenced by the people's attitude and understanding of the
i mportance of the work they perform.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of May 23 -29,
1982 as
PUBLIC WORKS WEEK
in the City of Englewood and c all upon all citizens and civic
orga nizations to acquaint themselves with the problems involved
in providing our public works and to recognize the contribut ions
which public wo rks officials make every day to our health, safety
and comfort.
GIVEN under my hand and seal thisl7th day of May, 1982 .
Eugene L. Otis, Mayor
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P R O C L A M A T I O N ------
WHEREAS, public works services provided in our community
are an integral part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of public works
systems and programs such as water, sewers, streets and highways,
publ ic buildings, solid waste collection and snow removal; and
WHEREAS, the health, safety and comfort of this community
greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facili-
ties, as well as their planning, design and construction, are
vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated
personnel who staff public works departments is materially
influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of May 23 -29,
1982 as
PUBLIC WORKS WEEK
in the City of Englewood and call upon all citizens and civic
organizations to acqua int themselves with the problems involved
in providing our public works and to recognize the contributions
which public works officials make every day to our health, safety
and comfort.
GIVEN under my hand and seal thisl7th day of May, 1982.
Eugene L. Otis, Mayor
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PROCLAMATION
WHEREAS , The annual sale of Buddy Poppies by the Veterans of
Fo r e ig n Wars of the United States has been officially recognized and
e ndorsed by governmental leaders since 1922; and
WHEREAS, V.F.W. Buddy Poppies are assembled by disabled
veterans, and the proceeds of this worthy fund-raising campaign are
used exclusively for the benefit of disabled and needy veterans, and
the widows and orphans of deceased veterans, and
WHEREAS, The basic purpose of the annual sale of Buddy
Po ppies by the Veterans of foreign wars is eloquently reflected in
the desire to "Honor the Dead by Helping the Living".
NOW, THEREFORE, I, EUGENE L. OTIS , Mayor of the City of
Engle wood , Colorado, hereby prnclaim Monday, May 17, 1982, as
BUDDY POPPIES DAY
in the City of Engle wood , and I urge the citizens of this community
to recognize the me rits of this cause by contributing generously to
its support through th purchase of Buddy Poppies on the day set
aside fo r th distrlbutio n of these symbols of t1ppreciation for the
crifices of o ur honored dead.
I urg all patriotic citizens to wear a Buddy Poppy as mute
evidenc of ou r qrati de to the men o f this country who have risked
their lives in d e of th freedo ms which we continue to enj:)y as
Am rk n citiz
al this 17th day of Ma y, 1982.
Mayor
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PROCLAMATION
WHEREAS , The a nnu al sale of Buddy Poppies by the Ve terans of
Foreign Wars and the Am erican Legion has been officially recognized
ancl endorsed by governmental leaders since 1922; and
WHEREAS , V.F.W. Buddy Poppies are assembled by disabled
veterans, and the proceeds of this worthy fund-raising campaign are
used exclusively for the benefit of disabled and needy veterans and
the widows and orphans of deceased veterans; and
WHEREAS , The basic purpose of the annual sale of Buddy
Poppies by the Veterans of Foreign Wars and the American Legion is
eloquently reflected in the desire to "Honor the Dead by Helping the
Living".
NOW , THEREFORE , I, EUGEN[ L. OTIS , Mayor of the City of
Englewood , Colorado, her eby proclaim May 21 and 22 , 1982, as
BUDDY POPPY DAYS
in the City of Englewood , and I urge the citizens of this community
to recognize the merits of this cause by contributing generously to
its support through the purchase of Buddy Poppies on the day set
aside for the distribution of these symbols of appreciation for the
sacrifices of our honored dead.
I urge all patriotic citizens to wear a Buddy Poppy as mute
evidence of our gratitude to the men of this country who have risked
their lives in defense of the freedoms which we continue to enj:)y as
American citizens.
GIVEN under my hand and al this 17th day of May, 1982.
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PROCLAMATION
WHEREAS , The annual sale of Buddy Poppies by the Veterans of
Foreign Wars of the United States has been officially recognized and
e ndorsed by governmental leaders since 1922; and
WHEREAS , V.F.W. Buddy Poppies are assembled by disabled
veterans, and the proceeds of this worthy fund-raising campaign are
used exclusively for the benefit of disabled and needy veterans, and
the widows and orphans of deceased veterans, and
WHEREAS , The basic purpose of the annual sale of Buddy
Poppies by the Veterans of foreign wars is eloquently reflected in
the desire to "Honor the Dead by Helping the Living".
NOW , THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood , Colorado, hereby proclaim Monday, May 17 , 1982, as
BUDDY POPPIES DAY
in the City of Englewood, and I urge the citizens of this community
to recognize the merits of this cause by contributing generously to
its support through the purchase of Buddy Poppies on the day set
aside for the distribution of these symbols of nppreciation for the
sacrifices of our honored dead.
I urge all patriotic citizenc; to wear a Buddy Poppy as mute
e vidence of our gratitude to the men of this country who have risked
their lives in defense of the freedoms which we continue to enj:>y as
American citizens.
GIVEN under hand and seal this 17th day of May, 1982.
Mayor
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PROCLAMATION
WHEREAS, The annual sale of Buddy Poppies by the Veterans of
Foreign Wars of the United States has been officially recognized and
endorsed by governmental leaders since 1922; and
WHEREAS, V.F.W. Buddy Poppies are assembled by disabled
veterans, and the proceeds of this worthy fund-raising campaign are
used exclusively for the benefit of disabled and needy veterans, and
the widows and orphans of deceased veterans, and
WHEREAS , The basic purpose of the annual sale of Buddy
Poppies by the Veterans of foreign wars is eloquently reflected in
the desire to "Honor the Dead by Helping the Living".
NOW, THEREFORE, I , EUGENE L. OT"..S, Mayor of the City of
Englewood , Colorado, hereby proclaim Monday, May 17, 1982, as
BUDDY POPPIES DAY
in the City of Englewood, and I urge the citizens of this community
to recognize the merits of this cal.l5e by contributing generously to
its support through the purchase of Buddy Poppies on the day set
oSide for the distribution of these symbols of ctppreciation for the
sacrifices of our honored dead.
I urge all patriotic citizens to wear a Buddy PoPP'f as mute
e viden of our gratitude to the m n of this country who have risked
their lives in d of th freedoms which we continue to enj:)y as
American citiz . . . .. al this 17th day of May, 1982.
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Mayor
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PROCLAMATI ON
WHEREAS, The annual sale of Buddy Poppies by the Veterans of
Foreign Wars of the United States has been officially recognized and
endorsed by governmental leaders since 1922; and
WHEREAS, V.F.W. Buddy Poppies are assembled by disabled
veterans, and the proceeds of thls worthy fund-raising campaign are
used exclusively for the benefit of disabled and needy veterans, and
the widows and orphans of deceased veterans, and
WHEREAS , The basic purpose of the annual sale of Buddy
Poppies by the Veterans of foreign wars is eloquently reflected in
the desire to "Honor the Dead by Helping the Living".
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, hereby proclaim Monday, May 17, 1982, as
BUDDY POl:'PIES DAY
in the City of Englewood , and I urge the citizens of thls community
to recognize the merits of this cause by contributing generously to
its support through the purc hase of Buddy Poppies on the day set
aside for the distribution of these symbols of 11ppreciation for the
sacrifices of o ur honored dead .
I urge all patriotic citizens to wear a Buddy Poppy as mute
e vidence of our gratitude to the men of thls countiy who have risked
their lives in defense of th freedo ms which we continue to enj)y as
American citizens.
al this 17th day of May, 1982.
Mayor I •
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MEMO
TO:
DATE :
RE:
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Mayor Otis and Members of City Council
May 12, 1982
Amendment of the Criminal Code Provisions of
Englewood Municipal Code
7 E
Attached you will find a rough draft of certain provisions of
the Englewood Municipal Code that are intended for amendment.
These amendments have been discussed at length with Council-
person Bradshaw, and I am providing all members of Council
with the latest amendments thereto. At the present time,
these documents are being circulated among the various staff
personnel that may have an interest in this matter. I believe
that this response may be completed by June 1 and, hopefully,
we will be able to advise Council as to these responses and
any additional amendments that may be needed.
Respectfully submitted,
bb
c:::;z.cn~ ~
Attachment
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 11, 1982
RE: Repeal of Code Sections 11-6-14, 11-6-22,
11-6-23 , 11-6-24, 11-7-16, and 11-8-11
We are suggesting repeal of these Code sections for the following
reasons:
Sections 11-6-14, Unlawful to Possess Burglar Tools, and
11-8-11, Assault or Indecent Acts, are felonies at the State
level. Possession of burglar tools is a Class 5 felony. Sexual
assault on a child is a Class 4 felony. Since our ordinance refers
to indecent acts with children under 16, it is superseded by the
State.
We suggest repeal of 11-6-24, Unlawful Congregation, because
the conduct proscribed therein is essentially covered by the
Loitering, Harassment, or Disorderly Conduct Ordinance.
Section 11-7-16, Taxicab Cruising, is recommended for repeal
because it is not felt that there is a justifiable need for such
an ordinance in terms of the health, safety and welfare of the
citizenry.
Sections 11-6-22, Loitering Prohibited, and 11-6-23, Loitering
Near Schools, have both been incorporated into a revised Section
11-6-7 entitled "Loitering".
bb
Attachm nt C.B. 32
Ric
Loretta Huffine
Assistant City Attorney
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ORDINANCE NO.
SERIES OF 1982--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 32
INTRODUCED BY
AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS,
11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED,
11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11,
ASSAULT OR INDECENT ACTS • .
WHEREAS, review of the offenses under the Englewood Municipal Code has
indicated that some are duplicitous or no longer applicable, or are
superseded by a state felony offense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. '!bat the following sections of the Englewood Municipal Code of
169 are hereby repealed:
11-6-14
11-6-22
11-6-23
11-6-24
11-7-16
11-8-11
Unlawful to Possess Burglar Tools
Loitering Prohibited
Loitering Near Schools Prohibited
Unlawful Congregation
Taxicab Cruising
Assault or Indecent Acts
Introduced, read in full. and passed on first reading on the ____ day
of , 1982.
Published as a Bill for an Ordinance on the ____ day of -------
1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
r. Gary R, Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that the above is a true, correct and
complete copy of a Bill for an Ordinance, introduced, read in full. and
passed on first reading on the ___ day of , 1982.
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 1982-IN=T=R,...,O"'Dc,-U~c=E=D BY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER
A BILL FOR
AN ORDINANCE REPEALING AND REENACTING
THE ENGLEWOOD MUNICIPAL CODE
--------
WHEREAS, it is deemed necessary by the Englewood City Council to amend
certain criminal offense ordinances to more precisely define the acts
prohibited;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. • ••••••••••••••
11-2-8: UNLAWFUL TO POSSESS OR CO NSUME IN PUBUC;
UNLAWFUL PURCHASE OR POSSESSIO N BY MINORS
(a) It shall be unlawful for any person to drink or have in his
pog;ession or under his control in any public place any intox:ica-
ing liquor in any container of any kind o r description which is
not sealed or on which the seal is broken.
(b) It shall be unlawful for any person under age eighteen (18) to
purchase or have in his possession any intoxicating liquor of any
kind in ny manner whatsoever.
(c) Th word "container" all includ bu not be limited to ny
decanter, bottle, r, thermos bottle or · •
(d) The word "seal" shall mean the regular and original tax seal
applied by ord r of the United States Goverrn~"lt over the cap of
ch and every contain r of intoxicating beverag
(e) "Public Place• m ans any plac o n to the g neral public,
1th r fr or by payment of n entr nc f , bu shall no
includ any bllshm nt properly lie to sell and dispense
intoxic ting liquor. "Public place• all includ , but is not
limited to, any walk, str t. alley, parking lot. park, pool room
fl ldho um, or ball park.
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fielclhouse, stadium, or ball park.
(f) This section shall apply to posse$ion or consumption of an
intoxicating liquor in a vehicle, in areas of the vehicle acces-
sible to the driver or passengers, when such vehicle is in a
public place.
11-2-12 SOLICITATION OF DRINKS
(a) It shall be unlawful for any person to frequent or loiter in
cabaret or night club, with the purpose of soliciting any other
person to purchase drinks.
(b) It shall be unlawful for the proprietor or operator of any such
establishment to knowingly allow the presence in such establishment
of any person who violates the provisions of this Section.
11-4-1: UABILITY FOR CONDUCT OF ANOTHER,
COMPLICITY
A person is legally liable as principal for the conduct of another
constituting a criminal offense if, with the intent to promote or
facilitate the commission of the offense, he aids, abets, or advises
the other person in planning or committing the offense.
11-5-1 ASSAULT
(a) An assault is an unlawful attempt coupled with an apparent
present ability to commit a bodily irrj..Jry on the person of another.
(b) It shall be unlawful for any person to com mit an assault on
on another person or intentionally place another in reasonable
apprehension of receiving a battery.
11-5-2: BATI'ERY
It shall be unlawful to knowingly o r rec y beat, strike,
wound, imprison, o r inflict any fore o r violence upon another person.
11-5-3:
It shall
which e r e
11-6-1:
RECKLESS LY ENDAN GE RIN G AN OTHER PERSON
unla wful for a rson to rec y e ngage in conduct
a risk of riol.8 bodily to anoth r person.
DISORDERLY CONDUCT-QUARRELING; FIG HTIN G
It all unla wful for ny
in th City of Engle wood. A
kno wingly:
rson to ngag in disorderly conduct
n com its disord rly conduct if he or
r n in a public plac in an
m M r , or wh r e SJ<:h ng u or thr ats
ng r o violenc •
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(b) ma kes a coarse and obviously o ffe nsive utterance, gesture, or
display tends to incite a breach of the peace.
(c) fights with another in a public place, except for professional
or a mateur contests o f athletic skill.
(d) makes unreasonable noise in a public place or near a private
r esidence whic h he or she has no right to occupy.
11-6-3: DISTURBANCE OF THE PEACE
It shall be unlawful for any person to disturb the peace of a
ne ighborhood by violent, tumultuous, offensive or obstreperous
conduct, or by loud or unusual noises, or by unseemly, profane,
ol::6cene, or offensive language, calculated to provoke a breach of
the peace; or for any person to permit any ruch conduct in any house
or upon any premises owned or posse$E!d by him or under his manage-
ment or control, so that others in the neighborhood are or may be
disturbed thereby.
11-6-6: HARASSMENT
It shall be unlawful for a person, with purpose to harass, annoy
or alarm another to:
(a) strike, shove, kic k or otherwise touch any person; o r
(b) insult, taunt or challenge another in a manner lik ely t o
provok e violent or disorderly response; o r
(c) make a telephone call, or cause a phone to ring repeatedly,
without purpose of legitimate communic ation; o r
(d) ma ke repea ted communications anony mously, or othe rwise, by
telephone or at extremely inconvenient hours, o r in offensively
coarse lang uage; o r
(e) eng ag e in any other c ourse of harmful conduct whic h alarms or
seriously annoys another person and which serv es no l egitima te
purpose.
11-6-7:
(a) It all
LOITERING
unlawful to:
(1) loiter for the purpose of begging; or
(2) loiter in or abou a school b.illding or grounds, not having
any re n or relationship involving custody of or responsi-
bility for a pupU. or any other specific and legitimate reason
for ing th r , and not having written permis:iion from a school
administrator; or
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(3) loiter in a place, at a time, and in a manner not usual and
appropriate for the place, or where circumstances warrant alarm
or concern for the safety of persons or property in the vicinity.
Among the circumstances which may be c onsidered in dete rmining
whether such alarm is warranted is the fact that such person
takes flight upon appearance of a peace officer, refuses to
identify himself, or manifestly endeavors to conceal himself,
or conceal or dispose of any obj!ct. Unles;; flight by the
person or other circumstance makes it impracticable, a peace
officer shall, prior to any arrest for an offense under this
section, afford such person an opportunity to dispel any
alarm which would otherwise be warranted by requesting him to
identify himself and explain his presence and conduct. No
person shall be convicted of an offense under this section if
the peace officer did not comply with the preceding sentence,
or if it appears at trial that the explanation given by the
person was true and, if believed by the peace officer at the
time, would have dispelled the alarm.
(4) loiter so as to interfere with the free and unol::structed
use of a public way or place by other persons.
(b) for purposes of this section, "loiter" means to be dilatory,
to stand idly around, to linger, delay, or wander about, or to
tarry in a public place.
11-6-10: PO SSESSION OF IT.LEGAL WEAPONS
(a) It shall be unlawful for any person to possess an illegal
weapon.
(b) As used in this Section, "illegal weapon" means a blac~ck,
bomb, firearm silencer, gas gun, machine gun, short shotgun, short
rifle, metallic knuckles, gravity knife, s witchblade knife,
nunchukas or throwing stars.
(c) It shall be an affirmative defense to this section that a
person has a valid permit and license pursuant to the federal code
for such weapon, or that such person is a peace officer or member
of th armed forces or National Guard acting in lawful di.9::harge
of his duti
11-6-11: FORFEITURE OF WEAPONS
In every case where a person is charged with a violation of this
chapter involving a weapons offense shall forfeit to the City such
dang ro o r illegal weapon.
4
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11-6-15:
•
• •
RESISTANCE, INTERFERENCE WITH
A POUCE OFFICER OR FIREMAN
(a) It shall be unlawful for any person to resist a peace
officer, under color of official authority, from effecting the
arrest of any person, by the use or threat of physical force or
violence, or any other means which creates a substantial risk of
physical inj.Jry.
(b) It shall be unlawful to knowingly obstruct or interfere with or
hinder a peace officer or fireman in the discharge of his duties.
11-6-16: AIDING ESCAPE
It shall be unlawful for any person to rescue, or to
aid or abet. offer or endeavor to assist another person to
escape from custody or confinement.
11-8-1: WRONGS TO CHILDREN
It shall be unlawful for any person to knowingly, intentionally
or negligently cause or permit a child to be placed in a situation
that may endanger the child's life or health, or exposed to the
inclemency of the weather, or abandoned, tortured, cruelly confined,
or cruelly punished, or deprived of necessary food or shelter, where
any injJry resulting to the child is less than serious bodily
inj.uy.
5
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 12, 1982
RE: Amendment of the Criminal Code Provisions of
Englewood Municipal Code
Attached you will find a rough draft of certain provisions of
the Englewood Municipal Code that are intended for amendment.
These amendments have been discussed at length with Council-
person Bradshaw, and I am providing all members of Council
with the latest amendments thereto. At the present time,
these documents are being circulated among the various staff
personnel that may have an interest in this matter. I believe
that this response may be completed by June 1 and, hopefully,
we will be able to advise Council as to these responses and
any additional amendments that may be needed.
Respectfully submitted,
bb ~t~'
Attachment
•
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•
•
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 11, 1982
RE: Repeal of Code Sections 11-6-14, 11-6-22,
11-6-23, 11-6-24, 11-7-16, and 11-8-11
We are suggesting repeal of these Code sections for the following
reasons:
Sections 11-6-14, Unlawful to Possess Burglar Tools, and
11-8-11, Assault or Indecent Acts, are felonies at the State
level. Possession of burglar tools is a Class 5 felony. Sexual
assault on a child is a Class 4 felony. Since our ordinance refers
to indecent acts with children under 16, it is superseded by the
State.
We suggest repeal of 11-6-24, Unlawful Congregation, because
the conduct proscribed therein is essentially covered by the
Loitering, Harassment, or Disorderly Conduct Ordinance.
Section 11-7-16, Taxicab Cruising, is recommended for repeal
because it is not felt that there is a justifiable need for such
an ordinance in terms of the health, safety and welfare of the
citizenry.
Sections 11-6-22, Loitering Prohibited, and 11-6-23, Loitering
Near Schools, have both been incorporated into a revised Section
11-6-7 entitled "Loitering".
bb
Attachm nt C.B. 32
Loretta Huffine
Assistant City Attorney
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ORDINANCE NO.
SERIES OF 1982--
•
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 32
INTRODUCED BY
AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS,
11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED,
11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11 ,
ASSAULT OR INDECENT ACTS.
WHEREAS, review of the offenses under the Englewood Municipal Code has
indicated that s;>me are duplicitous or no longer applicable, or are
superseded by a state felony offense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section l. That the following sections of the Englewood Municipal Code of
169 are hereby repealed:
11-6-14
11-6-22
11-6-23
11-6-24
11-7-16
11-8-11
Unlawful to Possess Burglar Tools
Loitering Prohibited
Loitering Near Schools Prohibited
Unlawful Congregation
Taxicab Cruising
Assault or Indecent Acts
Introduced, read in full. and passed on first reading on the ____ day
of , 1982.
Published as a Bill for an Ordinance on the day of
1982. -------------'
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that the above is a true, correct and
complete copy of a Bill for an Ordinance, introduced, read in full. and
passed on first reading on th ___ day of , 1982. I • •
•
• -
BY AUTHORITY
ORDINANCE NO.
SERIES OF 1982-IN=T=R-O~D-u~c=E=D BY
A Bil..L FOR
AN ORDINANCE REPEALING AND REENACTING
COUNCIL Bil..L NO. 31
INTRODUCED BY COUNCIL
MEMBER _______ _
THE ENGLEWOOD MUNICIPAL CODE
WHEREAS, it is deemed necessary by the Englewood City Council to amend
certain criminal offense ordinances to more precisely define the acts
prohibited;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLOR ADO:
Section 1. • ••••••••••••••
11-2-8: U LAWFUL TO POSSESS OR CONSUME IN PUBUC;
U LAWFUL PURCHASE OR POSSESSION BY MINO
unlawful for any person to drink or hav in lu.s
or under his control in any public plac any intoX1Ca-
r in ny container of any kind or description which ·
or on which the seal is broken.
(b) I all unlawful for any person under age eigh een (18) to
pure or hav in his possession any intoxicating liquor of any
kind in any manner whatsoever.
(c) The word •contain r" shall includ but no
decanter, bottle, · r, thermos bottle or j..lg.
limited to y
(d) The word "seal· shall mean the regular and original tax al
applied by order of the United States GoverrM '!'lt ov r the c p of
e ch nd every container of intoxicating beverag
(e) ·Public Place• m ans any place open to the general public,
either fr or by paym nt of n entr nc f e, but shall not
include ny establishment properly liceMed to sell and dispe
intoxicating liquor. -Public place• shall includ , but is not
limited to, ny sid walk, t:. alley, parking lot, park, pool room
fieldho dium, or ball park.
)
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fieldhouse, stadium, or ball park.
(f) This section shall apply to possession or consumption of an
intoxicating liquor in a vehicle, in areas of the vehicle acces-
sible to the driver or passengers, when such vehicle is in a
public place.
11-2-12 SOUCITATION OF DRINKS
(a) It shall be unlawful for any person to frequent or loiter in
cabaret or night club, with the purpose of soliciting any other
person to purchase drinks.
(b) It shall be unlawful for the proprietor or operator of any suc h
establishment to knowingly allow the presence in such establishment
of any person who violates the provisions of this Section.
11-4-1: LIABILITY FOR CONDUCT OF ANOTHER,
COMPUCITY
A person is legally liable as principal for the conduct of another
constituting a criminal offense if, with the intent to pro mote or
f acilitate the commission of the offense, he aids, abets, or advises
the other person in planning or committing the offense.
11-5-1 ASSAULT
(a ) An assault is a n unlawful attempt coupled with an a pparent
present ability to c o mmi t a bodily inj.u:y on the person of another.
(b) It shall be unlawful for any person to c o mmit a n assault on
on a nother person o r intentionally plac e another in reasonable
apprehension o f receiving a battery.
11-5-2: BATTERY
It shall be unla wful to kn o wingly o r recklessly beat, strike,
wound, i mprison, or inflict a ny fo r ce o r violenc e upcn another person.
11-5-3: RECKLESSLY ENDANGERING A NOTHER PERSON
It shall be unlawful for a person to recklessly engag in conduct
which crea a 9.1 ntial risk of rious bodily to not.her person.
11-6-1: DISORDERLY CONDUCT-QUARRELING; F!GHTING
It shall unlawful for ny person to engage in disord rly conduct
in th City of Englewood. A person commits disorderly conduct if h or
kno wingly:
(a) or threatens not.her rson in a public place in an
obviously offensiv m M r , or wh re such languag or thr ats
e r t a cle r nd pr nt dang r of violence.
2
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(b) makes a coarse and obviously offensive utterance, gesture, or
di.splay tends to incite a breach of the peace.
(c) fights with another in a public place, except for professional
or amateur contests of athletic skill.
(d) makes unreasonable noise in a public place or near a private
residence which he or she has no right to occupy.
11-6-3: DISTURBANCE OF THE PEACE
It shall be unlawful for any person to disturb the peace of a
neighborhood by violent, tumultuous, offensive or obstreperous
conduct, or by loud or unusual noises, or by W'ISeemly, prnfane,
ob3cene, or offensive language, calculated to provoke a breach of
the peace; or for any person to permit any s.ich conduct in any house
or upon any premises owned or possessed by him or under his manage-
ment or control. so that others in the neighborhood are or may be
disturbed thereby.
11-6-6: HARASSMENT
It shall be unlawful for a person, with purpose to harass, annoy
or alarm another to:
(a) strike, shove, kick or otherwise touch any person; or
(b) insult, taunt or challenge another in a manner likely to
pr-evoke violent or disorderly response; or
(c) make a telephone call. or cause a phone to ring repeatedly,
without purpose of legitimate communication; or
(d) make repeated communications anonymously, or otherwise, by
telephone or at extremely inconvenient hours, or in offensively
coarse language; or
(e) engage in any other course of harmful conduct which alarms or
riously annoys another person and which rves no legitimate
purpose.
11~-7: LOITERING
(a) It shall be unlawful to:
(1) loiter for the pu of begging; or
(2) loiter in or bout hool building or groun not having
any r n or relationship involving custody of or r nsi-
bllity for a pupll, or ny oth r and legitlm r n
for ing th r , nd no having rm n from a Ehool
dministr tor; or
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(3) loiter in a place, at a time, and in a manner not usual and
appropriate for the place, or where circumstances warrant alarm
or concern for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that such person
takes flight upon appearance of a peace officer, refuses to
identify himself, or manifestly endeavors to conceal himself,
or conceal or dispose of any object. Unless flight by the
person or other circumstance makes it impracticable, a peace
officer shall, prior to any arrest for an offense under this
section, afford such person an opportunity to dispel any
alarm which would otherwise be warranted by requesting him to
identify himself and explain his presence and conduct. No
person shall be convicted of an offense under this section if
the peace officer did not comply with the preceding sentence,
or if it appears at trial that the explanation given by the
person was true and, if believed by the peace officer at the
time, would have di.spelled the alarm.
(4) loiter so as to interfere with the free and unot:structed
use of a public way or place by other persons.
(b) for purposes of this section, "loiter" means to be dilatory,
to stand idly around, to linger, delay, or wander about, or to
tarry in a public place.
11-6-10: POSSESSION OF ILLEGAL WEAPON S
(a) It shall be unlawful for any person to possess an illegal
weapon.
(b) As used in this Section, "illegal weapon" me a ns a blackj:lck,
bo mb, fir ear m silence r, gas gun, machine gun, short shotgun, short
rifle, metallic knuckles, gravity knife, switchblade knife,
nunchukas or th ro wing stars.
(cl It all be an affirma tive def e nse to this section that a
person has a valid perm it and license pursua nt to the federal code
for 9.Jch weapon, or that 9.Jch person is a peace officer or member
of th rmed forces or National Guard acting in lawful discharge
of his duti
11-6-ll.: FORFmURE OF WEAPONS
In every c wher e a person Is charged with a violation of this
chapter involving a weapo ns of fense shall forfeit to the City 9.JCh
dang ro or illegal weapon.
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11-6-15:
•
• •
RESISrANCE, INTERFERENCE WITH
A POLICE OFFICER OR FIREMAN
(a) It shall be unlawful for any person to resist a peace
officer, under color of official authority, from effecting the
arrest of any person, by the use or threat of physical force or
violence, or any other means which creates a sutstantial risk of
physical inj.lry.
(b) It shall be unlawful to knowingly obstruct or interfere with or
hinder a peace officer or fireman in the dis::harge of his duties.
11-6-16: AIDING ESCAPE
It shall be unlawful for any person to rescue, or to
aid or abet, offer or endeavor to assist another person to
escape from custody or confinement.
11-8-1: WRONGS TO CHILDREN
It shall be unlawful for any person to knowingly, intentionally
or negligently cause or permit a child to be placed in a situation
that may endanger the child's life or health, or exposed to the
inclemency of the weather, or abandoned, tortured, cruelly confined,
or cruelly punished, or deprived of necessary food or shelter, where
any inj.lry resulting to the child is less than serious bodily
inj.lry.
5
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•
•
•
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 12, 1982
RE: Amendment of the criminal Code Provisions of
Englewood Municipal Code
Attached you will find a rough draft of certain provisions of
the Englewood Municipal Code that are intended for amendment.
These amendments have been discussed at length with Council-
person Bradshaw, and I am providing all members of Council ·
with the latest amendments thereto. At the present time,
these documents are being circulated among the various staff
personnel that may have an interest in this matter. I believe
that this response may be completed by June 1 and, hopefully,
we will be able to advise Council as to these responses and
any additional amendments that may be needed.
Respectfully submitted,
bb
~t~'
Attachment
•
I • •
In
-
•
•
•
• •
MEMO
TO: Mayor Otis and Members of City Council
DATE: May 11, 1982
RE: Repeal of Code Sections 11-6-14, 11-6-22,
11-6-23, 11-6-24, 11-7-16, and 11-8-11
We are suggesting repeal of these Code sections for the following
reasons:
Sections 11-6-14, Unlawful to Possess Burglar Tools, and
11-8-11, Assault or Indecent Acts, are felonies at the State
level. Possession of burglar tools is a Class 5 felony. Sexua l
assault on a child is a Class 4 felony. Since our ordinance refers
to indecent acts with children under 16, it is superseded by the
State.
We suggest repeal of 11-6-24, Unlawful Congregation, because
the conduct proscribed therein is essentially covered by the
Loitering, Harassment, or Disorderly Conduct Ordinance.
Section 11-7-16, Taxicab Cruising, is recommended for repeal
because it is not felt that there is a justifiable need for such
an ordinance in terms of the health, safety and welfare of the
citizenry.
Sections 11-6-22, Loitering Prohibited, and 11-6 -23, Loitering
Near Schools, have both been incorporated into a revised Section
11-6-7 entitled "Loitering".
bb
Attachment C.B. 32
Ric
Loretta Huffine
Assistant City Attorney
I • •
f"]
•
ORDINANCE NO.
SERIES OF 1982--
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 32
INTRODUCED BY
AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS,
11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED,
11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11,
ASSAULT OR INDECENT ACTS.
WHEREAS, review of the offerses under the Englewood Municipal Code has
indicated that some are duplicitous or no longer applicable, or are
ruperseded by a state felony offense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That the following sections of the Englewood Municipal Code of
169 are hereby repealed:
11-6-14
11-6-22
11-6-23
11-6-24
11-7-16
11-8 -11
Unlawful to POl:EeSS Burglar Tools
Loitering Prohibited
Loitering Near Schools Prohibited
Unlawful Cong regation
Taxicab Cruising
Assault or Indecent Acts
Introduced, read in full. and passed on fiist reading on the ____ day
of , 1982.
Published as a Bill for an Ordinance on the day of
1982. -----------·
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Tr
I, Gary R. Hig , x officio City Clerk-Tre rer of the City of
Englewood, Colorado, h r by certify that th abov 1s a true, correct and
complete COP'f of a Bill for n Ordinanc , introduced, read in full. nd
on first re ding on the ___ day of , 1982.
•
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n
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 1982_IN_T=R~O~D~U~C~E~D BY
A BILL FOR
AN ORDINANCE REPEALING AND REENACTING
COUNCIL BILL NO. 31
INTRODUCED BY COUN CIL
MEMBER ---------
THE ENGLEWOOD MUNICIPAL CODE
WHEREAS, it is deemed necessary by the Englewood City Council to amend
certain criminal offense ordinances to more precisely define the acts
prohibited;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1.
11-2-8: UNLAWFUL TO POSSESS OR CONSUME IN PUBUC;
UNLAWFUL PURCHASE OR POSSESSION BY MIN ORS
(a) It shall be unlawful for any person to drink o r have in his
possession or under his control in any public place any intoxic a-
ing liquor in any container of any kind or description whic h is
not sealed or on which the seal is broken.
(b) It shall be unla wful for any pe rson under age eighteen (18) to
purchase or have in his pos,ession any intoxicating liquor of any
kind in any manner whatsoever.
(c) The word "container" shall includ but not be limited to any
decanter, bottle, jsr, thermos bottle or jJg.
(d) The word "seal" shall mean the r egular and original tax seal
applied by orde r of the United States Go v errn'?"lt over the cap of
each and ev ery container of intoxicating bev rag
(e) "Pu blic Place" meal'\S any place open to the g ner al public,
either free o r by pay ment of n entranc fee, but all not
include any establ!.shment properly licensed to sell nd dispe
intoxicating liquor. "Public place" shall includ , bu ls no
limited to, any sid walk, str t, alley, parking lot, park, pool room
fieldho , stadium , or ball park •
•
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_n
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fieldhouse, stadium, or ball park.
(f) This section shall apply to possession or consumption of an
intoxicating liquor in a vehicle, in areas of the vehicle acces-
sible to the driver or passengers, when such vehicle is in a
public place.
11-2-12 SOUCITATION OF DRINKS
(a) It shall be unlawful for any person to frequent or loiter in
cabaret or night club, with the purpose of soliciting any other
person to purchase drinks.
(b) It shall be unlawful for the proprietor or operator of any such
establishment to knowingly allow the presence in such establishment
of any person who violates the provisions of this Section.
11-4-1: UABILITY FOR CONDUCT OF ANOTHER,
COMPUCITY
A person is legally liable as principal for the conduct of another
constituting a criminal offense if, with the intent to promote or
facilitate the commission of the offense, he aids, abets, or advises
the other person in planning or committing the offense.
11-5-1 ASSAULT
(a ) An assault is an unlawful attempt coupled with an apparent
present ability to commit a bodily inj.lry on the person o f another.
(b) It shall be unlawful for any person to commit an as:;ault on
on another person or intentionally plac e anothe r in reasonable
apprehension of rec e i ving a battery.
11-5-2: BATI'ERY
It shall be unlawful to knowingly o r reckless.ly beat, strike,
wound, i mprison, o r inflict a ny force o r violence u po n a nother person.
11-5-3: RE C KLESSL Y EN DAN GE RIN G ANOTHER PERSO N
It shall be unla wful for a person to reckless.ly engage in conduct
which creates a sul:stantial risk of serious bodily to another person.
11-6-1: DISORDERLY CONDUCT-QUARRELING; FIGHTING
It shall be unla wful for any person to engage in disorderly conduct
in the City of Englewood. A person commits disorderly conduct if he or
she kno wingly:
(a) abuses or thr aters another person in a public place in an
obviously offensive manner, or wh re such languag or threats
c reate a clear and pr nt danger of violence.
2
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•
•
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(b) makes a coarse and obviously offensive utterance, gesture, or
display tends to incite a breach of the peace.
(c) fights with another in a public place, except for professional
or amateur contests of athletic skill.
(d) makes unreasonable noise in a public place or near a private
residence which he or she has no right to occupy.
11-6-3: DISTURBANCE OF THE PEACE
It shall be unlawful for any person to disturb the peace of a
neighborhood by violent, tumultuous, offensive or obstreperous
conduct, or by loud or unusual noises, or by unseemly, profane,
obscene, or offensive language, calculated to provoke a breach of
the peace; or for any person to permit any 9.Jch conduct in any house
or upon any premises owned or possessed by him or under his manage-
ment or control, so that others in the neighborhood are or may be
disturbed thereby.
11-6-6: HARASSMENT
It shall be unlawful for a person, with purpose to harass, annoy
or alarm another to:
(a) strike, shove, kick or otherwise touch any person; or
(b) insult, taunt or challenge another in a manner likely to
provoke violent or disorderly response; o r
(c) make a telephone call, or cause a phone to ring repeatedly,
without purpose of legitimate communication; o r
(d) make repeated communications anonymously, or otherwise, by
telephone or at extremely inconvenient hours, or in offensively
coarse language; or
(e) engage in any other course of harmful conduct which alarm s or
seriously annoys a nother person a nd which serves no legitimate
purpose.
11-6-7: LOITERING
(a) It all be unlawful to:
(1) loiter for the purpose of begging; or
(2) loiter in or bou a hool building or grounds. not having
any r n or relationship involving custody of or responsi-
bility for a pupil, or y oth r specl.fic nd legitimate re n
for ing th re, and no having wri n rm n from a hool
dministr tor; or
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(3) loiter in a place, at a time, and in a manner not usual and
appropriate for the place, or where circumstances warrant alarm
or concern for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that such person
takes flight upon appearance of a peace officer, refuses to
identify himself, or manifestly endeavors to conceal himself,
or conceal or dispose of any object. Unless flight by the
person or other circumstance makes it impracticable, a peace
officer ~ prior to any arrest for an offense under this
section, afford such person an opportunity to dispel any
alarm which would otherwise be warranted by requesting him to
identify himself and explain his ixesence and conduct. No
person shall be convicted of an offense under this section if
the peace officer did not comply with the preceding sentence,
or if it appears at trial that the explanation given by the
person was true and, if believed by the peace officer at the
time, would have dispelled the alarm.
(4) loiter 9:> as to interfere with the free and unotstructed
use of a public way or place by other persons.
(b) for purposes of this section, "loiter" means to be dilatory,
to stand idly around, to linger, delay, or wander about, or to
tarry in a public place.
11-6-10: POSSESSION OF Il.LEGAL WEAPONS
(a) It shall be unlawful for any person to possess an illegal
weapon.
(b) As used in this Section, "illegal weapon• means a blac kjlck,
bomb, firearm silenc er, gas gun, ma c hine gun, short shotgun, short
rifle, metallic knuckles, gravity knife, s witchblad knife,
nunchukas or throwing stars.
(c) It shall be an a ffirmative defe rse to this section that a
person has a valid perm it and lic erse pursuant to the federal code
for such weapon, or that aJch person is a peace officer or member
of the a r med forces or National Guard acting in la wful discharge
of his duti
11-6-ll: FORFEITURE OF WEAPONS
In every c wher a person
chapter involving a w pore offe
dang rous or illegal weapon.
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ch rged with a violation of this
shall forf it to th City SJCh
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11-6-15:
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RESISTANCE, INTERFERENCE WITH
A POLICE OFFICER OR FIREMAN
(a) It shall be unlawful for any person t.o resist a peace
officer, under color of official authority, from effecting the
arrest of any person, by the use or threat of physical force or
violence, or any other means which creates a sutstantial risk of
physical inj.lry.
(b) It shall be unlawful t.o knowingly obstruct or interfere with or
hinder a peace officer or fireman in the discharge of his duties.
11-6-16: AIDING ESCAPE
It shall be unlawful for any person t.o rescue, or to
aid or abet, offer or endeavor t.o assist another person to
escape from custody or confinement.
11-8-1: WRONGS TO CHILDREN
It shall be unlawful for any person t.o knowingly, intentionally
or negligently cause or permit a child t.o be placed in a situation
that may endanger the child's life or health, or exposed t.o the
inclemency of the weather, or abandoned, t.ortured, cruelly confined,
or cruelly punished, or deprived of necessary food or shelter, where
any inj.Jry resulting t.o the child is le$ than serious bodily
inj.lry.
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 12, 1982
RE: Amendment of the Criminal Code Provisions of
Englewood Municipal Code
Attached you will find a rough draft of certain provisions of
the Englewood Municipal Code that are intended for amendment.
These amendments have been discussed at length with Council-
person Bradshaw, and I am providing all members of Council
with the latest amendments thereto. At the present time,
these documents are being circulated among the various staff
personnel that may have an interest in this matter. I believe
that this response may be completed by June 1 and, hopefully,
we will be able to advise Council as to these responses and
any additional amendments that may be needed.
Respectfully submitted,
bb ~t~~
Attachment
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MEMO
TO: Mayor Otis and Members of City Council
DATE: May 11, 1982
RE: Repeal of Code Sections 11-6-14, 11-6-22,
11-6-23, 11-6-24, 11-7-16, and 11-8-11
We are suggesting repeal of these Code sections for the following
reasons:
Sections 11-6-14, Unlawful to Possess Burglar Tools, and
11-8-11, Assault or Indecent Acts, are felonies at the State
level. Possession of burglar tools is a Class 5 felony. Sexual
assault on a child is a Class 4 felony. Since our ordinance refers
to indecent acts with children under 16, it is superseded by the
State.
We suggest repeal of 11-6-24, Unlawful Congregation, because
the conduct proscribed therein is essentially covered by the
Loitering, Harassment, or Disorderly Conduct Ordinance.
Section 11-7-16, Taxicab Cruising, is recommended for repeal
because it is not felt that there is a justifiable need for such
an ordinance in terms of the health, safety and welfare of the
citizenry.
Sections 11-6-22, Loitering Prohibited, and 11-6-23 , Loitering
Near Schools, have both been incorporated into a revised Section
11-6-7 entitled "Loitering".
bb
Attachment C.B. 32
Ric
Loretta Huffine
Assistant City Attorney
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ORDINANCE NO.
SERIES OF 1982--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 32
INTRODUCED BY
AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS,
11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED,
11 -6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11,
ASSAULT OR INDECENT ACTS.
WHEREAS, review of the offenses under the Englewood Municipal Code has
indicated that some are duplicitous or no longer applicable, or are
~perseded by a state felony offense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. 'lbat the following sections of the Englewood Municipal Code of
169 are hereby repealed:
11-6-14
11-6-22
11-6-23
11-6-24
11-7-16
11-8-11
Unlawful to Possess Burglar Tools
Loitering Prohibited
Loitering Near Schools Prohibited
Unlawful Cong regation
Taxicab Cruising
Assault or Indecent Acts
Introduced, read in full. and passed on fust reading on the ____ day
of , 1982.
Published as a Bill for an Ordinance on the ____ day of -------·
1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that th above is a true, correct and
complete copy of a Bill for an Ordinance, introduced, read in full. and
passed on fust reading on th ___ day of , 1982.
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BY AUTHORITY
ORDINANCE NO. -----SERIES OF 1982 INTRODUCED BY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER _______ ~
A BILL FOR
AN ORDINANCE REPEALING AND REENACTING
THE ENGLEWOOD MUNICIPAL CODE
WHEREAS, it is deemed necessary by the Englewood City Council to amend
certain criminal offense ordinances to more precisely define the acts
prohibited;
NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, CO LORADO :
Section 1. • ............. .
11-2-8: UNLAWFUL TO POSSESS OR CONSUME IN PUBUC;
UNLAWFUL PURCHASE OR POSSESSION BY MINORS
(a) It shall be unlawful for any per.ion to drink or have in his
possession or under his control in any public place any intoxica-
ing liquor in any container of any kind or description which is
not sealed or on which the seal is broken.
(b) It shall be unlawful for any per.ion under age eighteen (18) to
purchase or have in his possession any intoxicating liquor of any
kind in any manner whatsoever.
(c) Th word •container" shall includ but not be limited to any
decanter, bottle, · r, thermos bottl or j.Jg.
(d) The word "seal• shall mean the regular and original tax seal
applied by order of the United States Goverrn .'lt over the cap of
e ch and every container of intoxicating beverag
(e) ·Public Place• m aM ny place o n to the g neral public,
either fr or by paym nt of an ntranc f , but shall not
includ ny blishmen properly lie Med to sell nd dispense
intoxic ting liquor. "Public plac • !hall includ , bu is not
limited to, ny sld walk, str t. alley, parking lot. park, pool room
fieldho dium, or ball park.
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fieldhouse, stadium, or ball park.
(f) This section shall apply to possession or consumption of an
intoxicating liquor in a vehicle, in areas of the vehicle acces-
sible to the driver or passengers, when such vehicle is in a
public place.
11-2-12 SOUCITATION OF DRINKS
(a) It shall be unlawful for any person to frequent or loiter in
cabaret or night club, with the purpose of soliciting any other
person to purchase drinks.
(b) It shall be unlawful for the proprietor or operator of any such
establishment to knowingly allow the presence in such establishment
of any person who violates the provisions of this Section.
11-4-1: UABILITY FOR CONDUCT OF ANOTHER,
COMPUCITY
A person is legally liable as pcincipal for the conduct of another
constituting a criminal offense if, with the intent to promote or
facilitate the commission of the offense, he aids, abets, or advises
the other person in planning or committing the offense.
11-5-1 ASSAULT
(a) An assault is an unlawful attempt coupled with an apparent
present ability to commit a bodily inj.lry on the person of another.
(b) It shall be unlawful for any person to commit an assault on
on another person or intentionally place another in reasonable
apprehension of receiving a battery.
11-5-2: BATI'ERY
It shall be unlawful to knowingly or recklessly beat, strike,
wound, imprison, or inflict any force or violence upon another person.
11-5-3: RECKLESSLY ENDANGERING ANOTHER PERSON
It shall be unlawful for a person to recklessly engage in conduct
which creates a sutstantial risk of rious bodily to another person.
11-6-1: DISORDERLY CONDUCT-QUARRELING; FIGHTING
It shall be unlawful for any person to engage in disorderly conduct
in the City of Englewood. A person commits disorderly conduct if he or
she knowingly:
(a) abuseS or threatens another person in a public plac in an
obviously offensive maMer, or wher auch language or threats
create a clear and present danger of violence.
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(b) makes a coarse and obviously offensive utterance, gesture, or
display tends to incite a breach of the peace.
(c) fights with another in a public place, except for professional
or amateur contests of athletic skill.
(d) makes unreasonable noise in a public place or near a private
residence which he or she has no right to occupy.
11-6-3: DISTURBANCE OF THE PEACE
It shall be unlawful for any person to disturb the peace of a
neighborhood by violent, tumultuous, offensive or obstreperous
conduct, or by loud or unusual noises, or by unseemly, profane,
obscene, or offensive language, calculated to provoke a breach of
the peace; or for any person to permit any 9.1ch conduct in any house
or upon any premises owned or possessed by him or under his manage-
ment or control. so that others in the neighborhood are or may be
disturbed thereby.
11-6-6: HARASSMENT
It shall be unlawful for a person, with purpose to harass, annoy
or alarm another to:
(a) strike, shove, kick or otherwise touch any person; or
(b) in.sult, taunt or challenge another in a manner likely to
provoke violent or disorderly response; or
(c) make a telephone call. or cause a phone to ring repeatedly,
without purpose of legitimate communication; or
(d) make repeated communications anonymously, or otherwise, by
telephone or at extremely inconvenient hours, or in offensively
coarse language; or
(el engage in any other course of harmful conduct which alarms or
seriously annoys another person and which serves no legitimate
purpose.
11-6-7:
(a) It shall
LOITERING
unlawful to:
(1) loiter for the purpose of begging; or
(2) loiter in or about a school building or grounds, not having
any reason or relationship involving custody of or responsi-
bility for a pupil. or any other specific and legitimate reason
for being there, and not having written permi!Bion from a school
administrator; or
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(3) loiter in a place, at a time, and in a manner not usual and
appropriate for the place, or where circumstances warrant alarm
or concern for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that such person
takes flight upon appearance of a peace officer, refuses to
identify himself, or manifestly endeavors to conceal himself,
or conceal or dispose of any obj!ct. Unless flight by the
person or other circumstance makes it impracticable, a peace
officer shall. prior to any arrest for an offense under this
section, afford such person an opportunity to dispel any
alarm which would otherwise be warranted by requesting him to
identify himself and explain his pr-esence and conduct. No
person shall be convicted of an offense under this section if
the peace officer did not comply with the pr-eceding sentence,
or if it appears at trial that the explanation given by the
person was true and, if believed by the peace officer at the
time, would have dispelled the alarm.
(4) loiter so as to interfere with the free and unobstructed
use of a public way or place by other persor&
(b) for purposes of this section, "loiter• means to be dilatory,
to stand idly around, to linger, delay, or wander about, or to
tarry in a public place.
11-6-10: POSSESSION OF ILLEGAL WEAPONS
(a) It shall be unlawful for any person to possess an illegal
weapon.
(b) 1'.s used in this Section, •illegal weapon• means a blackjick,
bomb, firearm silencer, gas gun, machine gun, short shotgun, short
rifle, metallic knuckles, gravity knife, sw itchblade knife,
nunchukas or thro wing stars.
(c) It shall be an affirmative defense to this section that a
person has a valid per mit and license pursuant to the federal code
fo r such weapon, or that such person is a peace officer or member
of the armed fore or National Gua rd acting in lawful di.9::harge
of his du
11-6-ll: FORFEITURE OF WEA PONS
In ev ry c w re a person is charged with a violation of this
ch pter involving a w pons offense shall forfeit to the City such
dang rous or W.egal we pon.
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RESISTANCE, INTERFERENCE WITH
A POUCE OFF1CER OR F1REMAN
(a) It shall be unlawful for any person to resist a peace
officer, under color of official authority, from effecting the
arrest of any person, by the use or threat of physical force or
violence, or any other means which creates a sul:6tantial risk of
physical injJry.
(b) It shall be unlawful to knowingly obstruct or interfere with or
hinder a peace officer or fireman in the discharge of his duties.
11-6-16: AIDING ESCAPE
It shall be unlawful for any person to rescue, or to
aid or abet, offer or endeavor to assist another person to
escape from custody or confinement.
11-8-1: WRONGS TO CHILDREN
It shall be unlawful for any person to knowingly, intentionally
or negligently cause or permit a child to be placed in a situation
that may endanger the child's life or health, or exposed to the
inclemency of the weather, or abandoned, tortured, cruelly confined,
or cruelly punished, or deprived of necessary food or shelter, where
any injJry resulting to the child is less than serious bodily inj.lry.
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ORDINAN CE NO.
SERIES OF 198~2~~-
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO , ,20
INTROD~ BY COUN CIL
MEMBE R r.LJ p ' ' I t
AN ORDI NAN CE ADDING PARAGRAPH 22.1-8 TO THE COMPREHENSIVE ZONIN G
ORDI NANC E TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED
UTILIT I ES F ROM ITS REQUIREMENTS AND REGULATIONS.
WHEREAS, the public necessity, health, welfare, and
c o nve n ien c e demands that the City have the right to construct
and ma i ntain necessary public utilities free from zoning
r estrictio ns.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 22.1-8 be added to the Comprehensive
Zoning Ordinance as follows:
22.1-8 APPLICABILITY OF REGULATIONS.
The regulations, requirements , limitations and
provisions of this Ordinance shall not apply to public
utilities owned and/or operated by the City of Englewood.
However, this does not relieve from the duty to obtain
bui lding permits those contractors who build or assist
i n building any City-owned or operated utility,
I n t rod u c ed, read in ful l and passed on first reading on
the /tr. day of '"') J cl-1 1 982.
Publis h ed as a Bill for a n Ord i nance on the .J 'day of
I 1 9 82.
Eugene L. Otis, Mayor
Attest:
ex o
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-•· 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 ;'7t ,1
day of }J UL 19 82 .
Gary R. Bigbee
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C O U N C I L C O M M U N I C A T I O N
DATE May 11, 1982 AGENDA ITEM SUBJECT
iA
INITIATED BY City Manager
RESOLUTION CONCERNING
TITLE II FUNDS
ACT I ON PROPOSED Adopt resoiution appropriating $18,500 balance to the Engineer-
ing Services Department.
BACKGROUND
On March 12, 1979, the Council passed Resolution No. 12, Series of 1979, appro-
priating $66,307 of Title II Funds to various City departments. These funds
were to be used to generate employment and can only be used to hire personnel.
Since these funds were not fully spent, Resolution No. 31 of 1980 was passed in
July of 1980 appropriating $33,673 of the funds remaining to Engineering Services
and to co-unity Development.
Resolution No. 40 of 1981 appropriated $7,000 to Finance Department and
$16,727 to the Department of Engineering Services.
CURRENT STATUS
As of December 31, 1981, approximately $18,500 remains unspent. The Department
of Engineering Services has requested the balance of this fund to continue a
drafting program already under way and to hire a t811Q?Orary engineering h lper
to aid in th various PIF proj ects in which they are involved.
RECOMMENDATION
Appropriate the remaining $18,500 of Title II Funds to the Engineering Services
Department s follows:
RAlC/ldo
Draftsperson
Engineering Helper
$14,900
3,600
$18,500 I • •
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.:i J, RESOLl1I'ION NO. J ...,
SERIES OF 1982
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A RES0Ll1I'ICN .!\MENDING THE 1982 GENERAL FUND BUDGET.
WHEREAS, the City Council of the City of Englewood, Colorado, has
adopted a 1982 General Fund Budget: and
WHEREAS, the City of Englewood has unexpended funds from the Local
Public Works Act (Title II Antirecession Fiscal Assistance Program); and
WHEREAS, these funds may be used for hiring additional personnel
for existing programs;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Englewood, Colorado, as follows:
Section l.
The following appropriations and estimated revenues are hereby
made in the General Fund:
Section 2.
Fund.
Section 3.
Source of Funds
Title II grant
Appropriation of Funds
Engineering Services
Total
$ 18,500
$18,500
$ 18,500
The following appropriations are hereby made in the Title II
Appropri ation of Funds
General Fund (Engineering Services) $18,500
The City Manger and Director of Finance are hereby authoriz d
to make the above changes to the 1982 Budget of the City ot Englewood.
AIXPTED AND APPROVED thia __ day ot ------·' 1982.
Mayor
ATTEST:
x officio City Clerk-Treasurer
I, Gary R. Higbe , ex officio City Clerk-Treasurer tor the City of
Engl ood, Color do, do hereby certify that the above and foregoing ia a tru,
ccurate and coaplete copy of Resolution No. , Seri•• ot 1982, paaaed by
the nglewood City council on th __ day o-t---, 1982.
Cary R. Higbee
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C O U N C I L C O M M U N I C A T I O N
DATE May 12, 1982 AGENDA ITEM SUBJECT BELLE VIEW PARK PUMP STATION
Rb
INITIATED BY ----'-A""n"'"dy~Mc=Co"""w:.:..:n..._, __.,.C"""i _...ty.._...,Ma,.,n.,_.a...,g.,._er.__ ___________ _
AC TI ON PRO PO SED __ ....1A:u:wl.l!ai:rd,,.__.t"-!h,._e __.8<.>ie..1.Jl.ueil'.Y..i;i eli.lw1-.!..P.l!Jaru:k>....!.,;Pymll!!ll<p'-S~ti..11au.t..!..!i 0,£.!.n.l_!...Prwo.wi.s.ei..:Ct1:._. ____ _
INTRODUCTION
The City of Englewood retained the firm of Wright Mclaughlin to design ·a
new pump station for Belleview Park. This pt.111p station will be located west
of the existing station and within the fenced area of the backwash pond.
Attached are two memorandums with the history of the irrigation system for
the park.
FI NAN CI AL DETAILS
Bids were opened on the Belleview Park Pt.111p Station on May 11, 1982. Six (6)
bidders submitted bids. William Moran Construction Inc. was low bidder with
the amount of $67,000.00. The engi neer's estimate is $67,460.00.
Other bids were :
Constractors Name
Northern Contracting
Cl mons Construction
Western Empire
Wh atland Industries
HBN Construction
Bid Amount
$71,477.00
74,220.00
80,880.00
88,935.00
94,452.00
Cos of materials to install the new four (4) inch line and con trol wire s
by th Pars Department is $4,000.00. The budget for the project is $85,000.00.
Th d sign and inspection costs for this project will be $6,2 00.00, therefore
r 1ns $74, 0.00 availabl for construction.
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Engineering
Four (4) inch PVC Pipe
William Moran Construction Inc.
Contingency
CONCLUSION AND REC0"'1ENDATION
$ 6,200.00
4,000.00
67,000.00
7,800.00
$85,000.00
William Moran Construction Inc. built the golf course cart/pedestrian
bridge across the South Platte River for the City of Englewood last year.
This firm was very cooperative and did a good job.
The rec011111endation is to award the Belleview Park P1111p Station to William
Moran Construction Inc. in the amount of $67,000.00 and have the Parks
Department install the new irrigation line to Belleview #1 •
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FROM :
DATE:
SUBJECT:
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M E M O R A N D U M
Gary IL Diede -Director of Engineering Services
Packy Romans -Director of Parks and Recreation
Gary L. Mandarich -Civil Engineer
Leon Kuhn, Asst. Direct?r of Parks
February 5, 1982
Belleview Park Irrigation Pump Station
Belleview Park consists 01' three (3) activity areas; the
ballfield-tennis court section (Belleview 1), the train-park
section (Belleview 2), and the wilderness-nature section (Belle-
view 3). Each one of these areas are watered by separate
press u re pump(s) and/or treated water. Belleview 1 uses two
(2) low capacity wells and supplemental treated water from a
city tap. Belleview 2 and 3 use backwash water from the Allen
Trea tment Plant .
The intake and pump types and arrangement for Belleview
2 and 3 is not adequate to provide reliable irrigation water.
The i nl:ikc a s not e d in Lile memo dn ted June 29, 198), (attached),
i s c onstantly clogging and needs replacement. 'l'he ,.ew intake
s hould be constructed with an air backwash cleanin~ system.
The present centrifical pumps are mounted above the water level,
theref ore, requ i ring foot valves and priming. Since the con-
s truction of this pumping facility, the City has replaced/rebuilt 5
p umps and 6 mot o rs at a cost of approximately $5,000.00. The
mai n reasons lh motors and/or pumps have been replaced is the
J.nLn l I oo l vn l v o ha s uocn cloi:i:od wit.h debris, causing tho
p u mps Lo loo e t.hei r prime, run dry and burn out. The prop r
t.ype of p ump s !or I.h is arrangement would be vertical turbines
mou n ted on a c o nc r e t e wet well wi t h a low water sensing probe.
The two (2) wells for Belleview 1 are located adjacent to
Big Dry Cr eek . Thes wells are approximately 16 feet deep.
When constructed in 1966 , each produced approximat ly 50 gallon
per minut . Snee the n , an addi t ional treated water line ha s
been add e d t o suppleme n t the wells . The approximate cost o f
treate d wa ter is $2,000 .00 annually . The wells collect large
amounts of sa nd whi ch ha s damaged the pumps . Two pumps have
b en rebui lt and o n er placed at a cot ol $6,500 .00.
Ther ia pre ntly $35,000 budgeted for ne turbin pumps
or B llev i w 2 and 3 . To prop rly irrigate th entir park,
w r ecomm nd tha t a n ew intak , c oncrete we t well, and pump
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Memorandum
Belleview Park Ir~ation Pump Station
Page -2-
station be constructed adjacent to the backwash pond. This
station will have three (3) vertical turbine pumps with twice
the capacity of the present pump stations. The watering of
the park is now taking eleven (11) hours which closes the use
of the park in many cases. The third pump would be connected
to Belleview l which would eliminate the use of treated water
for irrigation. The proposed installation would take approxi-
mately five (5) months to design and construct. The total
capital cost of this system is estimated at $85,000. We be-
lieve that this combined pump facility would reduce replacement
costs for pumps and motors, numerous aanbours required for
maintenance, as well as making the park more accessible for
publi~ use. ~,j~. ( . / ltvJ ·t{( ary.na 1c; "£'
eo uhn, ===
Asst. Director of Parks & Recreation
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M E M O R A N D U M
TO:
FROM:
DATE:
SUUJl:CT:
Packy Romans -Director, Parks & Recreation
Gary Mandarich
June 29, 1981
DELLEY !EW PAKK !IUUGATION PUMP STATION
Last week, Parks Department reconstructed/modified the intake for the
Belleview irrigation pump station. This pump station is located in
the southeast corner of the backwash water reservoir for the Allen
Treatment Plant. The lake was JUlped down approx1•tely 4 feet and a
6 inch PVC perforated line was installed perpendicular into the side
of the existing 18 inch vertica·1 CMP and covered with washed rock.
This installation is only temporary and will clog, over a period of a
few years, depending on the algae growth and debris (twigs, leaves).
I suggest that a pennanent intake with a cleaning or 1nafotenancc type screen be built.
Should there be any questions or assistance that I IJIIY provide, please
~~.-1-J
Gary;Qndarich
Civit>'£ng1 neer
GM:mh
cc : Gary Diede -Dir. Engineering Services
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C O U N C I L C O M M U N I C A T I O N
DATE May 12, 1982 AGENDA ITEM SUBJECT MC lEllAN RESERVOIR AND
1--------------'~~9----~,==:-__ -1... ____ ~EN_G_lE_woo_D~GO_l_F_c_o_uR_s_E_F_E_NC_I_N_G~ ..
INITIATED BY ~---A~n~d~y~Mc..;.;;.;:C.::.ow;.;.;n~,"---C=-i;.;;tLy~Ma.;;:.:.;.na~g~e~r---------~~~-
AC T I ON PRO PO SED ___ A_w_a_r_d _t_he-'---Mc....;;.;;;l.;.e 1'-1...;;;a....;.n ....;.R.;.;;;e.;.se.;.r.....;v~o""'i r;.....;:;a:;.;.nd;:;...:E:..:n..._g 1;.;;ewo=o::.::d:......::.Go=-1:..:f_..::;Co::.::u:..:..r.::.s e=---
F enc in g Project.
INTRODUCTION
Fen ci ng i s needed to enclose the north and east side of Mclellan Reservoir
along with the south and east side of Englewood Golf Course. In both cases
the acc ess can be readily obtained from the adjacent land, since there is
cur rently no fence. The parcel north of Mclellan is being developed by The
Writer Corporation and the property line east of the Golf Course is not
f enc ed , wh i ch allows tres pa s sing and possible vandalism.
Mclellan Res ervo i r is a t erminal potable water supply . A fence must be
installed to s a feg ua rd the water quality . An eight (8) foot vinyl coated
chain link fence is propose d along the nor t h property line. A four (4 )
foot high temporary barbed wire fen ce i s proposed al ong the east s i de of
Writer's property. As this pa r ce l develo pes, i t is t he i ntent i on of t he
City to install a vinyl coated chain link fence along the west si de of the
property adjacent to Mclellan.
Industrial property borders the east side of the Golf Course. A fe nce is
required to establish property lines and prohibit access to equipment and
storage yards. A six (6) foot high 9alvanized chain link fence with a
barbed wire top is proposed. A four (4) foot decorative wood post and
galvanized chain link fence is proposed along West Oxford Avenue. The
fence will improve the visual qualities of the Golf Course plus keep motorized
traffic from entering the course. Gates will be installed at the main entrance
and at th service road .
The two projects both needing similar fencing makes ft a practical situation
to build both at this time. Along with the ad vantages of being able to
coordin ate construction, a lower unit price can be obtai ned when the two are
bid together.
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FINANCIAL DETAILS
On May 11, 1982 bids were opened on these projects. Seven (7) contractors
submitted bids. The low bidder for the Mclellan Reservoir Fencing is
American Colorado Fence Company with a bid of $50,262.00.
The low bidder for the Englewood Golf Course is life Time Fence Company
with a low bid of $37,755.00. A bid sunmary for each project is attached .
There is presently $80,000.00 budgeted in the Water Fund for the Mclellan
Reservoir Fencing project. There is $52,575.00 available from the Golf
Course Fund for the fencing project.
CONCLUSION AND RECOf+IENDATION
We have investigated work done by both of these companies. Each firm has been
found to perform good and reliable work.
The recOl'llllendation is to award the Mclellan Reservoir Fencing to American
Colorado Fence Company utilizing the eight (8) foot coated fence for the
amount of $50,262.00.
Also the reconmendation is to award the Englewood Golf Course Fencing to
Life Time Fence Company with a fabricated steel gate for the main entrance
and a single gate with coated chain link for the entrance road for the total
amount of $37,755.00 •
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IE~!£.~~; &COL01-·-) -=:-.~ j 1-·--·1-~-· I-Un<-·-;:-·-8'1"DlDCS. PDICS CX> STMDriUD FDCI CO . PUDLD SUPPLY C'O. CO. , lNSTALLATION
Goff C$:uae Fencing :s BoNo " BONO " --•-• ---BONO " BOND " BO ND " BOND co.:, INC.
BIDS RECEIVE D
ITEMS DE SCRIPTION UNIT APPROX, UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UN IT AMOUNT 'UNIT AMOUNT UNIT AMOUNT pi~~r.c AMOUNT ONIT AMOUNT
QUANITY PRICE PR'"" PRICE PRICE PRI"" PRICE PRICE --··
1 .. -··---·-,,_ . -. , ... ... -... ·--. -.. ----·---• n< .. ... .. ... . ... --.... u .,, "' 1n •• • Hf_nn ,n . 75 46 762 .50 10 .u 45 414 .00 .. -~ --. -. ... -. ·--,n .... -u '--· -·-. ---· --.. ' "" •n ,n .. _.,, , ... nn , . ... --
.
• . -...--L.r. • no ,.so 1 JU .00 .... ,. ,,2.00 1.ll s u ,.-QI' .. . -·---.. • ·-nn " • ••• ,n .. .... 00 .. , ·-..
·-·· .. , ·--•• .•• nn .. --·-e.o& •n "" •• •• nn 5 5 ,~., 'lt'I « " <n ..... --
-. ·~ .. -------.. -., ---11 .02 n ,n ....... .. .... ]72 .00 11.40 49 .590 .00 1 2.29 SJ,461.SO U .9 5 56 3l2.SO ll.09 56 941 .SO ,,. , .. • • ·---·--I
.,.. 2 ...
TOTAL AM OUNT OF BID Ut,U S .00 '50,262 .00 Ul,JM .90 '53 ,129.90 $55,)86.00 $60, 7S4 .80 $61,094. so $64 ,138.20
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C O U N C I L C O M M U N I C A T I O N
DATE May 11, 1982 AGENDA ITEM SUBJECT GOLF COURSE TURN LANE S
94.,
ACT I ON PROPOSED Award of contract for t h e construction of the West Ox ford
Avenue Golf Course Turn Lanes
BACKGROUND
With the approval of the construction of the golf course clubhouse, the City of
Sheridan required that we build a main entrance to the clubhouse including accel-
eration and deceleration lanes and a left-turn pocket. Th e clubhouse facility
s hould be completed by late June and we e xpect to h a ve the Ox ford improvements
c ompleted then also.
FINANCIAL
The 1981 budget for the golf course clubhouse was $1,04 7,000. With the favorable
b i d s received on the clubhouse building and the oxford turn lanes, the enti re
p ro j e c t c an be completed within that budget . Below is a breakdown of the e s timated
costs i n July, 1981 and the pr sent esti mate:
Building , parking, kitchen equipment
Furnishings
Landscaping and irrig ton
Telephone syst
Utility fees (sewer, water, gas, electric)
Testing
Oxford turn lanes
Design fe and exp nses
Contingency
Sh ridan PUD and plan review fees
Burglar alarm ayate11
Est. Julx1 1981
s 677 ,584
71 ,000
50 ,000
10,000
10,000
10,000
4 7,000
90,000
81 141 6
$1 ,0 4 7 ,000
• te, A portion of furni1hin91 are in t h e bid for the b u ildi ng •
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Pr0esent Eat.
$ 725,000
4 0,000*
50,000
10,000
15,000
10,000
46,566
100 ,000
4 3 ,261
3,173
4 1000
$1 ,04 7 ,000 I • •
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The remaining contingency of $43,261 should be sufficient for completing the club-
house and the Oxford turn lanes.
RECOMMENDATION
Six bids were received, as follows:
Brannan Sand & Gravel
Asphalt Paving Co.
Seigrist Construction
RXS Industries
Peter Kiewit Sons' Co.
BitUllli.nous Roadways of Colorado
Engineer's Estimate
$71,069.50
68,697.50
67,911.00
58,219.20
52,215.50
46,566.34
$72,905.40
We recommend that the contract for this project be awarded to the low bidder,
Bituminous Roadways of Colorado,in the amount of $46,566.34.
Bituminous Roadways of Colorado is an established firm and is located in the
inunediate area of the project. We have verified their references and they appear
to be well-qualified to handle this project.
RAX/ldo
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C O U N C I L C O M M U N I C A T I O N
DATE AGENDA ITEM SUBJECT
May 13, 1982 ~ A-New Official Seal for the City.
INITIATED BY Department of Co,-,,n1tx DeveloAPCot
ACTION PROPOSED~~~c~o~ns ..... 1~due~rJaut~i~o~n ...... o~f_..a ....... o~e.w_.w.o.f.f~1,_1~a~1...__s~e~a~J1.....Jf~o~r......it~hue.....i.r~1~tJYJ·~~~~~
INTRODUCTION AND BACKGROUND.
The question of the use of the City Mark by Englewood organizations in
order to identify their members as being from Englewood, was raised last
March. In presenting the issue to the City Council, the staff addressed
the use of the Mark as the official City Seal, and pointed out the in-
adequacy of the design for that use. The present official City Seal is
very difficult to see when it is applied to an official document, and
it is impossible to see the seal on a copy of a sealed document. For
these reasons, the staff suggested that consideration be given to the
adoption of a new official City Seal. The staff was then asked to submit
a proposed design for the City Council's review.
In checking with engraving companies, the staff has found that there ar
several basic designs on blanks which are used for most seals. This
basic design, including any lettering, can be obtained for about $25.
If an original design is incorporated in the seal, it would cost an
additional $50 or so for engraving. If a completely original design
w re to be u d, it would be an extra expense depending on the detail in
th design; but in any event, it would cost considerably more.
RECOMMENDATION:
Aft r having consider d the basic designs that are available, the staff
would r coanend that the official City Seal b in th following form:
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The staff would like to recoaaend, also, that in addition to the embossing
tool, a rubber stamp of the seal be .purchased to use in those instances in
which the embosser is not practical.
This seal would incorporate one of the basic designs, so it should cost
less than $100 to have the embosser made. A rubber stamp should not be
an excessive additional cost.
SUGGESTED ACTIC*:
ltJVED IY ___________ _
SECOND ____________ ~
YES ____ -P'"------'ABSENT __________________ _
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