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HomeMy WebLinkAbout1981-07-22 (Special) Meeting Agenda• City Council Meeting-Special June 22, 1981 • • • • • CITY COUNCIL MEETING June 22, 1981 • • • RESOLUTION # 34, 35, 36 , 37 ORDINANCE # y.~ 51, 52, 53, 54 • 0 0 • I . . • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JUNE 22, 1981 5:00P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance, or other appropriate means as follows: Call to order, invocation, pledge of allegiance and roll call. 1. Ordinance on final reading approving the loan to the Englewood Housing Authority by the City of Englewood in the sum of $79,000 secured by Deed of Trust and declaring an emergency. (Copies enclosed.) 2. Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emergency . (Copies enclosed.) 3. Adjournment. c itl~i l ,/;'1 .. /. ·r-0_ ANDY/MC GOWN Cit Manager AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Engle- wood, do hereby acknowledge receipt of notice of the above special session. • 0 I • • SPECIAL MEETING: • • • COUNClL CHAMBERS CITY OF ENGLEWOO D, COLORADO June 22, 1981 The City Council of the City of Engl ewood, Arapahoe Cou nty, Colorado, met i n special call session on June 22, 1981, at 5 :00 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 Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Memb ers Higday, Neal, Fitzpa~ric k, Keena, Bilo, Bradsh aw, Otis. Absent : Non e . The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Watkins * * * * * * Director of Community Development Powers appeared before Council and discussed the request from the Housing Au- thority for a loan to purchase three parcels of property for the development of duplex units. Ms. Powers addressed the question of why the fourth site was not being purchased. She stated she contacted a Mr. To m Chandler from Nelson-Roth, the developer , who said the fourth parcel was clo sed upon in De- cember of 1980, at the request of the property owner. There was a note on the property whereby Nelson-Roth gave the pro- perty owners a down payment of $1,000 and has been making in- terest payments each month since. Ms. Powers stated the im- pression she wa s given by the fourth parcel property owners was that they have never been given a penny for the prop rty. Ms. Powers stat d he had copies of the cancelled checks en- dorsed for th in er st payments. Ms. Powers stated even • I • • ( ( • J un e 15, 198 1 P age 2 .. • • • t hough t h e tw o parties c losed in December , the developer was s up pos e to pay off the note tn F ebruary of 1981; however, that time was ex- tended t o May and has c o ntinued on because the developer h as n o t ?Urchase d the pr o perty o ut right. Ms. Powers stated she wa s con- c erned that if the developer does not have the o on ey to pay o ff t h e property owner and actually have title, the matter c o uld go on f o r several more months an d the property may be lost . Ms. Powers stated the fifth site was tied up and was an -o ther issue . Counc i l Member Fitzpatrick asked for the reason g iv en by the developer f o r no t buyi~g the property. Tom Burns, 3600 South Bannock, Chair~an o f the Eng l e•ood Housing Authority , came forth to ans•er Mr. Fitzpatrick's ques ti o n . Mr. Burns stated Mr. r• -dler stated verballv •-~ confirme d via a telegram that the ~i -_ ~:d not h•· nough c~a-:o close on the sites. Mr. Chand le r sta t ed that L~ y had submitted architectural d rawings ~o r t h e duplexes a :ew wee ks ago to HUD. The plan s were turned do wn an d HUD o rdered the firm to make adjust~ents which were n o t done ade q uately. S ubse ~u entl y , HUD asked them t o com- pletely redo t he units as t ownhomes. ~r. Bu r n not ed t hat HU D re qui res the pr o'ect t o be star t ed by S e?t e ~b er 3 0 t h, t h e e n d o: the federal :i scal year. If no t, th e pr oj e ct c ould c ol lapse. ~r. Bu r ns s t ate d Xr. Chan d l er f u rt h er stated th e t i~e invol~e d to r edo th e p lan s c?u ~d extend bey ond the o pt i on da e s to pu r c~ase t~ ?rO?e rt ies and get a con t rac wi t h H D. A!so , ~r. Ch a ndle r s t a ted th money h a c ~ en tied u p i n ane t h r ?re - j ec t on Ka sas Ci y . ~r. BJr~s e x ?res s ed his conce r n s in t h a t i t was not th e res?o nsi~t:t y of he Housing Au ho r ity to pur ch a se t he sit e s; h?~ever, h Housing Au ~ori t y did not wan t t o lo s e :he~. I. th pro?er:ies co •ld ~ot b e d e vel ope d ac co r di ng !y , the A~:~ority co :d till marke th e s it es and pay ba ck t he lea~ to the Ct y . Hr . Burns stated th e Autho rity want e d t o secu r e th s ::es and d ea ~ with the dev e l oper later. l~ r es?c nse to Cou~ctl Xemb e r Kee na's questi o n , Fran ce s !Jck Jc~a , Ex ecut:ve Dt rector of t he Ho u sing Au t ho r ity , stat ed HCD's de:tni:!.o~ o: th e te r :t: "s::art he pr o~ect" n:e ans pl ans a"ld S?eci~icattons w o~:d be a ??r O\ed by HUD an d t he Ho usi ng Autho r it y and that t~e contract of sa!e ~e ~e e n th e Ho us in g Au tho ri :y a nd t~e deve!oper w o~:d ~e s~an ~ so t~e d e v e lo per ~o uld be r e a ~y to get a co~struction loa~ anc begin cor.s truction . • I n ( ( • June 22, 1981 Page 3 • • • Council Member Keena asked if there was sufficient time to pick another contractor, do the plans.and have a formal con- tract in place before September 30th. Mr. Burns stated it would be a risk to change contractors; however, another option would be to do a conventional project whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns stated the most the Authority could do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amendin3 the ordinance for additional money without a resolution anu such a resolution was not on the agenda. Council Members Fitzpatrick and Keena recommended that the Housing Authority investigate the possibilities of purchasing Parcel #4 and report back their findings. ORDINANCE NO. 49 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LOAN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • ( ( • June 22, 1981 Page 4 ORDINANC E NO. 50 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 6 :00 p.m. Mayor Otis adjourned the meeting without a vote at . \.,/ ' \ /1_ ) 1( C:!.. /)· Z.L (t.ti-~ I . puty City Cierk • I • • ( ( • • • - NOTIC E OF CALL BY THE MAYOR , FOR A SPECIA L SESSION OF THE CITY COUNCIL(};·· ~-~ MON DAY, JU NE 2 2, 1981 5 :00P .M. The City Council of Colorado, is called South Elati Street, ordinance, or other the City of Englewood, Arapahoe County, to a special meeting at City Hall, 3400 for the purpose of taking action by appropriate means as follows : Call to order, i nvocation, pledge of allegiance and roll call. l. Ordinance on final reading approvin g the loan to the Englewood Housing Allt'ho rity by the City of Englewood in the sum of $79,000 secured by Deed of Trust and declarin g an emergency . (Copies enclosed .) 2. Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and decl aring an emergency. (Copies enclosed.) 3. Adjournment . I ) I 1 ~~~~} j/'(. 1/ .. , rt ANDY MC CO WN Cit ~anager AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Engle- wood, do hereby acknowledge receipt of notice of the above special session. I • • • SPECIAL MEETING: • • - COUNCI L CHAMBE RS CITY OF ENGLEWO OD, COLORADO Jun e 22, 1981 f v The City Council of the City of Englewood, Arapahoe County, Colorado, met i n special call session on June 22, 1981 ~ at 5 :0 0 p .m. Mayor Otis, presiding, called the meeting to order . The invocat i on was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present : Council Mem bers Hi g day, Neal, Fitzpatrick, Keena, Bilo, Brad shaw, Otis. Absent : Non e . The Mayor declare d .a quorum pr esent . * * * * * * Also p rese n t were: City Manager McCown As sistant City Manag er Wanush City Attorney DeWitt Director of Community Develo pment Powe rs Deputy City Clerk Watkins * * * * * * Director of Community Development Powers appeared before Council and discussed the request from the Housing Au- thority for a loan to purchas three parcels of property for the development of duplex units. Ms. Po wers addressed the question of why th fourth si e was not being purchased. She stated she contacted a Mr. Tom Chandler from Nelson-Roth, the developer, wh o said the fourth pare 1 was closed upon in De- cem ber of 1980, at th request of th prop rty owner. There was a note on the property whereby N lson-Roth gave the pro- perty owners a down payment of $1,000 and has been making in- terest payments each month since . Ms. Powers stated the im- pression s h e wa s given by th fourth pare 1 property own ers was that they have n ver been given a penny for the prop rty. Ms. Powers stated sh had copies of th cancelled checks en- dorsed for th interest payments. Ms. Powers stated even • I • • - • Ju ne 15, 1 981 Page 2 • • • though the two parties clo sed in December, the developer was suppose to pay off the note in February of 1981; however, that time was ex- tended to May and has c ontinued on because the developer has not pu rcha sed the property out right. Ms. Powers stated she wa s con - cerned t h at if the dev leper does not have the noney t o pay off th e property owner and actually have title, the matter co u l d go on fo r several more months an d the property may be lost. Ms. Powers stated the fifth site was tied up an d was an-ot her issue . r.ouncil Member Fitzpatrick asked for the reason gi ve n by the developer for not buyi~g the property. Tom Bur ns, 3600 So u th Bannock, Chair~an o f the Eng lewood Housing Authority , came forth to answer Mr. Fitzpatrick's question. Mr. Burns stated Hr. h --dler sta te d verbally .~~ confirmed via a telegram that the fi :. ~:d not h~·-nough ca ~ :o close on the sites. Hr. Chand le r stated that Lhey had submit ted archi t ectur a l d rawings for the duplexes a few week s ago to HUD . The plans were turned down and HUD ordered the firm to make adjust~ents which were not done adequately . Subse~ue~tly, HUD as ked them to com- pletely redo the units as t ownh omes. Mr. Bur ns noted t hat HU D req ui res the pr o'e ct t o be started by Se?tember 30th , the end of the federal fiscal yea r. If not, the pro j ect cou ld collapse . Mr. Bur ~s state d Hr. Chand l er further stated the tim e involv e d to re do th e p lans c ou ld extend beyond the opt i on da tes to purchase the ?ropert ies and ge t a contract wit h HUD. Also, ~r. Ch a ndle r s t at ed the money had b een ~ied up in another pr o - je c on Kansas Ci y . ~r. Bur~s expressed his concerns in that it was not the responsibility of the Ho using Auth o rity to pur ch as e t he Sl.tes; ho"~o:e·;er, the Housi:1g Authority cid not \.:an t to lose :hem. !_ the properties could not be developed acc o r ding ly , the Authority cou~d still mar~et the si:es and pay b a ck t he loan to the C1ty . Hr. Burns s:ated the Autho rity want ed to secure he s::es and cea~ with tr.e ceveloper later. I~ resp o n se o Co~ncil ~ember Keena's ques tion, Fra nces BJck Jcnas, ~xecutive Director of the Housing Au t hority, state d HCD's ce!:ini:ion o: the ter::: "star the pr o~ect" ~eans plar.s and specifications w o~:d be a?pr c vec by HUD anc th Housing Authort:y anc that the contract of sale be ~een the Housi,g Autho ri :y and the ceve~oper w ou:~ ~e signee so the developer ~o uld be reacy to get a construction loan anc begin construction . • I • • • June 22, 1981 Page 3 • • • Council Member Keena asked if there was sufficient time to pick another contractor, do the plans, and have a formal con- tract in place before September 30th. Mr. Burns stated it would be a risk to change contractors; however, another option would be to do a conventional project whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns stated the most the Authority could do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amendin~ the ordinance for additional money without a resolution anu such a resolution was not on the agenda. Council Members Fitzpatrick and Keena recommended that the Housing Authority investigate the possibilities of purchasing Parcel #4 and report back their findings. ORDINANCE NO. 49 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LOAN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brads~aw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • - • • • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 t, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 6 :00 p.m. \ I 'j:__j_}_( c. L Ji . IL ( t t 1: .. I · L.- ' puty City Clerk • I . • • • • • FOR A SPECIAL SESSION OF THE CITY MONDAY, JUNE 22, 1981 5:00P .M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance , or other appropriate means as follows : Call to order, invocation, pledge of allegiance and roll call. 1. Ordinance on final reading approving the loan to . 1 ' I 1 .J' the Englewood Housing Atlt·hority by the City of Englewood in the sum of $79,000 secured by Deed of Trust and declaring an emergency. (Copies enclosed .) 2. Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emergency . (Copies enclosed.) 3. Adjournment. ~ ) I ' h,vf .11: /.··; AND).' MC CO WN Cit Manager AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Engl e- wood, do hereby acknowledge r eceipt of notice of the above special ses_sion . • I • • • SPECIAL MEETING: • • .. COUNClL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 22, 1981 fv The City Council of the City of Englewood, Arapahoe County, Colorado, met in special call session on June 22, 1981, at 5:00 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 Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpa trick, Keena, Bilo, Bradshaw , Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Community Development Powers D puty City Clerk Watkins * * * * * * Director of Community D velopment Powers appeared before Council and discussed the request from the Housing Au- thority for a loan to purchase three parcels of property for the development of dupl x units. Ms. Powers addressed the question of why th fourth site was not being purchased. Sh stated sh contacted a Mr. Tom Chandler from Nelson-Roth, th developer, who said the fourth parcel was closed upon in De- cember of 1980, at the r quest of the prop rty owner. There was a not on th property whereby N lson-Roth gave th pro- perty own rs a down payment of $1,000 and has been making in- terest paym nts each month since. Ms. Pow rs stated th im- pression she was giv n by th fourth parcel property own rs was that th y have n v r b n given a penny for the prop rty. Ms. Powers sta d sh had copi es of th cancelled check n- dors d for th int re paym nt . Ms. Powers stated • I • • - • • June 15 , 19 8 1 Page 2 • • • t hough the t~o p arties clo se d i n December, the develope r was suppose to pay off t he note in Fe bruary of 1981; ho~ever, that t i me was ex- tended to May and h as c o ntinued on because the developer has not purchased the pr o perty out right. Ms. Po~ers stated s h e wa s con- ce r ned tha t if the dev elop er does not have the o oney to pay off th e property own er an d act ual ly have title, the mat ter coul d go on for several more mont hs an d the pro perty may be lost. Ms. Po~ers s tat ed the fif th site ~as tied up an d was an - o ther issue . r.ouncil Memb e r Fitzpatri c k asked for the reason g iven by t h e developer fo r not buying t h e p r operty . Tom Bur n s , 3600 So u th Bannock, Chair~an o f the Eng le ~ood Housing Authority , came forth t o answer Hr . Fitzpa t rick's question. Mr. Bur ns stated ~r . r h -dler st ated verbally •-~ confi rm ed via a teleg ram th at the fi _ _:d not ho nough ca :o close on the sites. Mr. Chand le r sta t ed that L~ty had submit ted archite ctural d ra~in gs fo r the du p lexes a fe w week s ago to HCD . The pla ns were tu r ned do wn and HUD o rdered the firm to make ad justffien ts which were not do ne adequately . Su~se ~~entl y , HUD as ked them to com- pletely redo the un i t s as t o ~nh omes. Mr. Bur n noted t hat HUD req ui res the pr oj ect to be started by Septembe r 30th, the end of the federal fiscal ye ar . If not, the project cou~d collapse . !'IT. Bur:1s s tated ~:r . Ch a ndl er f u r ther sta ted the ti me invol~e d to r edo ch e plans c~uld extend bey ond the option da tes to pu rchase th ?rope rt ies a~d get a contract wi t h HUD . Also, ~r. Ch a n"l er s t at ed th men~ had been tied up in another pr o - ~e c on Kansas Ci y . ~r. Bur~s expressed hls concerns in that it •as n o t the responsibility of the Ho us:ng Au ho ri ty to pu rchase the si tes ; howe~er, he Housi:1g A ~thori ty did not want to lo s e :he~. If the properties could not be developed accor ding !y , the A~thority co~: stil marke the si:es and pay back t~e le a~ to the City. Hr. B~rns s:ated the Au thorit y wanted to secure the s::es and dea: wi th t~ deve oper later . In resp on se o Co~ncil ~ember Ke na's question, Fran ces 3Jck Jc~as, Exec utive Dlrector cf the Housin g Authority, stated Ht:D's cefini:ion of the er:r. "star th pr o~ect" means plans a:1d specifications w o~:d b appr o\ed by H~D anc he Housing Au hority and that the contract of sal~ ~e •een the Housi,g Authori ty and t he developer ~ou!c be S~ined SO t~e deve lop er •ould be reacy tO get a construction loan and ~egi:1 construction . • I • - • • June 22 , 1981 Page 3 • • • Council Memb er Keena asked if there was sufficient time to pick another contractor, do the plans,and have a formal con- tract in place before September 30th. Mr . Burns s t ated it would be a risk to change c ontractors; however, another option would be to do a conventional project whereby the Authority b ecomes the developer. Mr. Burns ad d ed the staff time required made the option not very realistic. Mr. Burns stated the most the Authority could do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special cal l status of the mee ting Council could not consider amendin~ the ordinance for additional money without a resolution anu such a resolution was not on the agenda. Co uncil Membe rs Fitzpatrick and Keena recommended that the Housing Authority investigate th possi ~ilities of purchasing Par cel #4 and report back their findings. ORDINANCE NO. 49 SE RI ES OF 1981 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LO AN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None • The Mayor declared the motion carried. * * * * * * • I • • - • • • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 ', SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis ad j ourned the meeting without a vot at 6 :00 p.m. \ ''"" '..-\ ' . ;, LL.l.l~ ~:\... /)·!c.. t t.l~.: ... I L- /,eputy City Clerk • I • • • • • NOTIC E OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL ' MONDAY, JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe County , Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance, or other appropriate means as follows: Call to order, invocation, pledge of allegiance and roll call . . -1 l . Ordinance on final reading approvin g the loan to the Englewood Housing At•rhority by Lhe City of Englewood in the sum of $79,000 secured by Deed o f Trust and declaring an emergency. (Copies enclosed .) 2. Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emergency . (Copies enclosed.) 3 . Adjournmen t. I J /1 1 1~ I I, / .. I\. AN DY MC GOWN Cit Man ager AM/sb ACK NOWLEDGEMENT OF RECEIPT OF NOTICE Th e followi n g persons, all Cou n cil Memb er s of t he City of En gle- woo d, d o hereby acknowle d ge receipt of n otice of t h e above sp e cial session. • I • • ( • SPECIAL MEETI NG: • • .. COUNCi L CHAMBERS CITY OF ENGLEWOO D, COLORADO June 22, 1981 fv The City Council of the City of Englewood, Arapahoe County, Colorado, met i n special call session on June 22, 1981, at 5:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocat ion was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Eugene Otis . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Memb ers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorn y DeW itt Director of Community Development Powers Deputy City Clerk Watkins * * * * * * Director of Community Development Powers appeared before Council and discussed the request from the Housing Au- thority for a loan to purchase three parcels of property for the development of duplex units. Ms. Powers addressed the question of why the fourth site was not being purchased. She stated she contacted a Mr. Tom Chandler from Nelson-Roth , the developer, who said the fourth parcel was closed upon in De- cember of 1980, at th request of the property owner. There was a note on the property whereby Nelson-Roth gave th pro- perty own rs a down payment of $1,000 and has b n making in- terest payments each month since. Ms. Powers stated th im- pression she was giv n by the fourth parcel property owners was that they have n ver been given a penny for th prop rty. Ms. Powers stated she had copies of the cane lled checks en- dors d for th interest paym nts. Ms. Powers stated even • I • • June 15, 19 81 Page 2 • • • though the t~o parti~s closed in December , the developer was suppose to pa y off the note 1n February of 1981; ho~ever, that time was ex- tended to May and has c ont inued on because the developer has not pu r chased the pr o perty o ut right. Ms. Powers st ated she was con- c erne d that if the dev el oper does not have the o oney to pay off t h e p ro pe rty owner and actually have title, the matter co uld go on fo r several mo re mont h s an d the pro perty may be lost. Ms. Powers stated the fifth site was tied up an d ~as an- ot her issue . ~ouncil Member Fitzpatrick asked for the reason g ive n by the develope r for not buyi~g t h e property. Tom Burns, 3600 South Bannock. Chair~an o f the Eng le ~ood Housing Authority, came forth t o ans~er Mr. Fitzpatrick's quest ion . Mr . Bu r ns s t ated Mr. ~h -dler stated verbally ~-~co nfirme d via a teleg ram th at the fi ~ <..:d not h=·-nough ca ::. .. ::0 close on the sites. Mr. Chand le r sta t ed that ~~ey h ad submitted archi tectu r al d rawin gs fo r t h e du p l exes a fe ~ week s ago to HVD. The plans were tu rned do wn and HUD o rdered the firm to make adjus t~en ts wh ich were not done ade qu ately . Subse~~e~tly, HUD as ked them to com- pletely redo th e units as t o•nho es. ~x. Bur ns noted t~a HU D r equires the pr o~ect t o be st ar ted by S ep te~be r 30th, the enc o~ the federal ~iscal year. If not, th e project c ould collapse . "1r . Burns s t ate d ~lr . Ch a n d l er fur th er stated the t irce invol~ed to r edo :h e pl a ns could extend bey ond the option da es to p urch ase t~e ?rope rt ies and get a c on tract with HUD. Also, ~r . Ch a ndle r state d the mon! had been tied u p in anothe r p ro- ~ec on Kans as Ci y . ~r. Bur ~s expressed his concerns i n t h a t it ~as not the responsibility of t h e Housing Aut ho rity to pu r ch a se t he sites; howe~e r, t~ Housing Aut~or1ty did not wan t to lo s e :he~. !f h properties coJld not be developed ac co r di ngly, the Authority c oul stil mar<et th e si::es and pay back t he ca~ :o he Cit y. Mr. Bur ns stated th e Au tho rity wanted to secure he sites an d de al wich t ~e develope r later. In res;>on s e to Cot.oo:cti. :-'em ber K na 's question, Franc s SJck Jc-:as, Exec tive D1rector of the Housing Authoritj, stat d HCD's de~1ni:ion of the er "s::ar:: he pr o~ect" IIeans plans a-d specificat1ons wou:d be ap pro\e ~~ H~D an~ he Ho using A• ho r 1:y and t~at t~e con ract O-sale b ::•een the Housing Au ho r i:y and tne developer ••ou:c be s:6ned so t~e dev lep er ·.;o · lc be r ad '} :o get a constructioi lean a1c ~egi~ co~scruction . • I • • ( • !I June 22 , 1981 Page 3 . . • • • Council Memb e r Keena asked i f there was suffi c i e n t time to pick another contr a ctor, do the plans, and hav e a formal con- tract in place before September 30th. Mr. Burns s t ated i t would be a ris k to ch ange cont r act o r s ; however, another opt i on would be to do a conven tional pro j e ct whereby the Authority becomes the developer. Mr. Burns added the s t a ff time required made the option not very realistic. Mr. Burns s t a ted t he most the Authority c o uld do would be to place conditions on Nel son- Roth on how the project would be completed and to continue t o work with them. ntscussion ensued concerning loaning addi tional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not cons i der amendin ~ the ordinanc e for additional money without a resolution anu such a resolution was not on the agenda. Counc i l Members F i tzpat rick a n d Keena re comm end e d that the Hous i ng Authority inves t igate t h e possibilitie s of pu rchas i ng Par ce l #4 and report back th e ir find ings. ORDINANC E NO. 49 SE RI ES OF 198 1 BY AUTHORITY COU NCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER BRA DSHAW AN ORD I NAN CE APPROV I NG THE LOAN TO THE ENGL WOOD HOUSI NG AUTHORITY BY THE CIT Y OF ENG LE WOOD IN THE SU M OF $79,000, SECURED BY A DEED OF TRUST AND DECL AR I NG AN EMERGE NCY. COUNCIL MEMBER BRADSH AW MOVED TO PASS COUNCIL BILL NO . 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Non • The Mayor declared th motion carr1ed . * * * * * * • I • • • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 t, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned th meeting without a vot at 6 :00 p.m. \ V' I tf 1_llt (!. \-I) • i. (_ C.t. "-I• _J,..,_ puty City Cierk I • I • • - ( ( • • • ,. • NOTIC E OF CALL BY THE MAYOR FOR A SPECIA L SESSION OF THE CITY MONDAY, JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, f or the purpose of taking action by ordinance, or other appropriate means as follows : Call to order, i nvocation, pledge of allegiance and roll call . 1. Ordinance on final reading approvin g the loan to the Englewood Housing Allthority by Lh e City o f Englewood in t he s um of $79,000 secured by Deed o f Trust and declaring an emergency . (Copies enclosed .) 2 . Ordinance on final reading decriminalizing violat i on of the Englewood Municipal Code of 1969 as amended by minors and declaring an emergenc y. (Copies enclosed.) 3. Adjournmen t. Ll ), I ' j'II1Y:t .1//r •/ .. , 'L ANDY MC COWN Cit Mana ger AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following person s , all Co unc il Members of the City of Engle- wood , do hereby acknowledge receipt of n otice of the above special session . • I • • { ( • SPECIAL MEETING: • • .. CO UN ClL CHAMBE RS CITY OF ENGL EWOOD, COLORADO June 22 , 1981 /v The City Council of the City of Englewood , Arapahoe County, Colorado, met i n spe cial call session on June 22, 1981, at 5 :00 p.m. Mayor Otis, presiding, called the meeting to order. The invocat i on was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Mem bers Hi gday, Neal, Fitzpa ~ric k, Keena, Bilo, Bradsh aw , Otis. Absent : Non e . The Mayor declared a quorum present. * * * * * * Also present were : City Man age r McCown Assistan t City Manager Wanush City At to rn ey DeWitt Director of Community Develo pment Power s Deputy City Clerk Watk ins * * * * * * Director of Community Development Powers appeared before Council and discussed the request from the Hous ing Au- thority for a loan to purchase three parcels of property for the development of duplex units. Ms. Powers addressed the question of why th fourth site was not being purchased. She stated she contacted a Mr. Tom Chandler from Nelson-Roth, the developer, wh o said the fourth parcel was closed upon in De- cem ber of 1980, at the request of the property owner. There was a note on the property wher~by Nelson-Roth gave th pro- perty own rs a down payment of $1,00 0 and has been making in- terest payments each month since. Ms. Powers stated the im- pression she was given by the fourth parcel property owners was that they have never been giv n a penny for the prop rty . Ms. Powers stated she had copies of th cancelled checks n- dorsed for the interest payments. Ms. Po w rs stated even • I • • - ( • June 15, 1981 Page 2 • • - th ough the two parties closed in December, the developer was s up pose to pa y off the note in Fe bruary of 1981; however, that time was ex- tended t o May and has c o ntinued on because the develope r h as not pu rcha sed the property o ut right. Ms. Powers stated she wa s con - ce r ned tha t if the dev el oper does not have the o on e y to pay off th e property owner and act ual ly have title, the matter co u ld go on for several more mont h s an d the property may be lost . Ms. Powe r s stated the fifth site was tied up an d wa s an- o ther issue . r.ouncil Memb e r Fitzpatri c k asked for the reason g iv en by the devel oper for not buying t h e property . Tom Bur ns, 3600 So u th Bannock, Chair~an of the Engle~ood Housing Authority, came forth t o ans~er Mr. Fitzpatrick's que s tion . Mr . Bu r ns stated Mr. ~~ -dle r sta ted verballv ~-~ confi rm ed via a teleg ram th at the :L ~.d not h :;· nou gh ca . :, close on the sites. Mr. Chandler stated that L~~y h ad submitted ar c hi tectural d raw ings :o r the duple x es a :e~ week s ago to HUD . The pla ns were turned down a n d HUD o rdered the fi rm to make ad justffien ts whi ch were not done adequately . Subse ~~e n tly, HUD as ked them to c om - pletely re do the units as t ownhomes. ~r. Burns noted tha t HUD req ~i res the pr oj ect t o be started by Septe~ber 30th , the end o: the federal :iscal yea r. If not, the project c ould collapse . Mr. Bur:1s s tate d }lr. Ch a ndl er furt he r stated the tirc e invol~ed to r edo th e pl a:1s c ou ld extend bey ond the option date s to p u rc~ase the ?rope rt i es a nd get a c on trac wit h HUD. Also, ~r. C a ndle r s tated the mane; had ~een ti d up in anot he r p ro - ~ec on Kansas Ci y . ~r. Bur n s expresse d his concerns in that it ~as not t e r esponsi~i lit y of the Hou sing Au ho rity to p u rc h a se t he st tes , ho.,.;e •:er, the H o~si:1g Au hority d i d not ;.;an t to ~ose :he~. If t h e prope r ti es co •ld no t be developed acc ording ly, A~t~ori~y c ould still market the s it es and pay back t he lean to the City. Mr. B ~rns s:ated the Auth ori ty wanted to secure th s~:es an d d eal with the developer later. 1'1 res ?on s e o Cot..:.cil :~emb er Ke na 's question, fran cts :S.1c ' Jc"'.a , E xe cut~ve Dtrector of he Ho using Auth ority, statf:d HI.:D's c!e:'ini:!.on c: tl'-e ::er:::: "start he pr o~ec t" rteans plans a-.d speci:tcations w o~:d b apprO\E~ by H:D and he Ho usi ng A thort:y and that t~e cont r act or sa~e ~et •een the Hous!.ng Autho ri :y and t~ Cf:veloper w o~:d ~e Sl ined so the develope r •o ld be r e ad~ to get a construe ion lea~ a, egi~ construction . • I • • • June 22 , 1981 Page 3 • • • Council Memb e r Keena asked if there was suf f icie nt time to pick another contractor, do the plans.and have a formal con- tract in place before September 30th. Mr. Burns stated it would be a risk to c hange c on tr a c t or s ; however, another option would be to do a convent ional pro j ec t whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns sta ted the most the Authority c o uld do would be to plac e conditions on Ne l son- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amendin8 the ordinance for add it ional money without a resolut i on anu such a resolution was not on the agenda. Council Members Fitzpat ri ck and Ke ena r e comm ended that the Hous i ng Authority investigate t h e possib ilities of purchasing Parc el #4 and report back their find ings. ORDINANC E NO. 49 SER IE S OF 198 1 BY AUTHOR I TY COUN CIL BIL L NO. 60 I NTROD UCED BY COUN CIL ME MB ER BRADSHAW AN ORD I NAN CE APPROVING TH E LOAN TO THE ENGLEWOO D HOUSING AUTHOR I TY BY TH E CIT Y OF ENG LE WOOD IN THE SUM OF $79,000, SECU RED BY A DEED OF TRU ST AND DECL AR I NG AN EMER GENCY . COUNCIL MEMBER BRADSH AW MO VED TO PASS COU NCIL BILL NO. 60, SERIES OF 1981, ON FIN AL READI NG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None . Th Mayor declared the motion carried. * * * * * * • I • • ( ( • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 t, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 6 :00 p.m. Mayor Otis adjourned th meeting without a vot at 'J V' 't.t ~1._ ( (!.L /)• it.. (/. ~I eputy City Clerk • I • • ( ( • • • • NOTICE OF CALL BY THE FOR A SPECIA L SESSION OF THE CITY MONDAY, JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance, or other appropriate means as follows: Call to order, invocation, pledge of allegiance and roll call . ' .. ·' 1 . Ordinance on final reading approving the loan to the Englewood Housing AHthority by the City of Englewood in the sum of $79,000 secured by Deed of Trust and declaring an emergency . (Copies enclosed .) 2 . Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emerg~ncy. (Copies enclosed.) 3 . Adjournmen t. I ' ) I ;, ,~t ,;/!': '/. •I '\. AND V MC COWN Cit Manager AM/sb ACK NOWLED GE MEN T OF RE CEIPT OF NO TICE Th e fo llowing pers on s, al l Council Members of the City of Engl e- wood , do hereby acknowledge r eceipt of notice of the above specia l se s sion . £7 _,::.· • I • • ( ( • SPECIAL ME ETING: • • .. - COUNCiL CHAMBERS CI TY OF ENGLEWOOD, COLORADO J u n e 22, 1981 (v The City Counc i l of th e City of Eng lewo o d , Arapahoe Coun ty , Colo r a d o , me t i n sp ecial call session on June 2 2, 1 98 1~ at 5 :00 p.m. Mayo r Oti s, pr e s i ding , c alled the meeting to or d er . The invo c a tion wa s g i v en by Council Member Thom a s Fitzpa tri ck. Th e pl ed g e o f a l legi anc e was l e d by Mayor Eu gen e Otis. Mayor Ot i s a sk e d f or r oll call. Upon a cal l o f the roll, the following were present: Council Mem be r s Higday, Neal, Fitz patri ck, Keena , Bilo, Brad shaw, Otis. Ab s ent: Non e . Th e Mayor declare d a quorum pres e n t . * * * * * * Al so p re sen t were: City Man ager Mc Cow n Assistan t City Man ager Wanush City Attorney DeWitt Director of Community Develo pm e n t Po wers D puty City Cl rk Watkins * * * * * * Director of Community Developm n Pow r app ared before Council and discussed th request from th Housing Au- thority for a loan to purchase three parcels of prop rty for the development of duplex units . Ms. Pow r addre sed the question of why th fourth site was not b in pur c has d. She stated she contacted a Mr. Tom Chandler from N lson-Ro h, the developer, who said the fourth parcel was closed upon in D - cember of 1980, at the request of the prop rty own r. Th r was a note on the property whereby Nelson-Roth gav th pro- perty owners a down payment of $1,000 and has b n making in- terest payments each month since. Ms. Pow rs stated th im- pression she was given by the fourth parcel property own rs was that they have never been given a penny for th prop rty. Ms. Powers stated s h e had copies of the cane lled checks n- dorsed for the interest payments. Ms. Pow rs stated even • I • • ( • ( • J un e 15, 1981 Page 2 • • • t ho ugh t he tw o parties closed in December , the developer was su p p ose to pay off the note in February of 1981 ; howe ver , that time was e x- tended t o May and has c ontinued on becaus e the developer h as not pu rcha sed the pr o perty out right. Ms. Powers st ated she wa s con - c erne d that if th e developer does not have the o on ey to pay off the p roperty owner and act u ally have title, the mat t er co u l d go on fo r several more mo nt hs an d the property may be lost. Ms. Powers stated the fifth site was tied up an d was an -o ther issue . r.ouncil Memb e r Fitzpatrick asked for the reason g iven by the developer fo r not buying t h e p roperty. Tom Bur ns, 3600 S outh Bannock, Chair~an o f the Eng lewood Housing Authority , came fo rth to an s wer Mr. Fitzpatrick's question. Mr. Burns stated Mr. h -dler s tated verballv .~~ confi rm ed via a teleg ram that the fL -:d not h q·" nough ca , :0 clo se on the s i tes. Mr. Chandler stated that ~: ~::·: had submit ted ar c hi t ectural d rawing s for the duplexes a few weeks ago to HUD. T~e plans were turned do wn a nd HUD o rdered the fi rm to make adjust~ent s which were not done ade qu at ely . Subse~~ently, HUD a s ke d them to com- pletely redo the units as t ownhomes. ~r. Burn noted that HU D req ~ires th pr o~e c t t o be started by Se?te~ber 30t~. t~e end of th e federal fi cal yea r. If not, th e p r oject c ould coll aps e . '1r . Bur :-~ s tatec ~:r. Ch a ndl er fur ther state d th invol~ed to re co :~e ?lans c o u ld extend be yond the O?tion :o purc~ase ~ j rO ?e rt ies a~d get a c on trac wit ~ HUD. ~r. Ch a . dle r sta ed ~ one; had b een tied u p in anot~ r ~ec on Kansas Ctty . ti e da E S A: o, ?r O- '1r. ;r-s ex?ress e c his concerns in t h a t t ~ s ~ot the res?on si il1 '! of the Ho;sing Aut ho ri ty to p u rd-.a t .• s:.te s ; . o...,e•:e r , He•-!.:-~g Authority d i d n ot o;,;ant to lo s :hex . If the pro? r :i s coJld :1ot be developed a ccoro1ng:y, the A~:~ori:y cou:d stil: mar<e th e si:es and pay ~ack t~ lcac :o the Ctty. Hr. Bu r ns s:ated t h e Au tho rity wanted to secure the s!.:es an d de al with ~e dev e4op r later. I~ res?o n s e o Co~~cil ~e~ber K ena 's question, Franc s S;ck Jcnas, Exec t~ve Dlrector of the Housi ,g Au o rit y, stat ed Ht:D's defini:io:1 of the ten: "s:ar the pr o~ect" a: an s ?lans an S?ecifications wo ~:d be a ??r ov ed by H~D and the Housing Autho r1 :y and th a th e contract of sale bet ~een the Housing Autho ri :y and t ~e developer w o~:d e s~gned s o t~e deve lop er ~o · ld be r e ady to ge a c onst ruct ion loan and begin construction . • I • ( ( • . I June 22, 1981 Page 3 • • • Council Member Keena asked if ther e was sufficient time to pick another contractor, do the plans, and have a formal con- tract in place before September 30th. Mr. Burns stated it would be a risk to change contractors; however, another option would be to do a convent ional project whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns stated the most the Authority could do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. niscussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amending the ordinance for additional money without a resolution anu such a resolution was not on the agenda. Council Members Fitzpatrick and Keena recommended that the Housing Authority investigate the possib ili ties of purchasing Parcel #4 and report back their findings. ORDINANCE NO. 49 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMB ER BRADSHAW AN ORDINANCE APPROVING THE LOAN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY . COU NC IL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Memb er Fitz- patrick seconded the mot ion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Co unci 1 Members Higday, Neal, Fi tzpatrick•, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the mot ion carried. * * * * * * • • I • • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGEN CY . COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 •, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * ( There was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 6:00 p.m. Mayor Otis adjourned th meeting wi thout a vote at • • I • • - • • • • NOTIC E OF CALL BY THE FOR A SPECIAL SESSION OF THE CITY MONDAY, JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, f or the purpose of taking action by ordinance, or other appropriate means as follows : Call to order, i nvocation, pledge of allegiance and roll call. 1 . Ordinance on final reading approvin g the loan to the Englewood Housing A11th ority by Lhe City of Englewood in the sum of $79,000 secured by Deed of Trust and declaring an emergency. (Copies enclosed .) 2 . Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emer gency. (Copies enclosed.) 3. Adjournment . ~ / I f l 1 ft 1 ' r ' 'F ANDY MC COWN Cit Manager AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the Cit y of Eng le- wood, do hereby acknowledge receipt of notice of the above special ses.sion. • I . • SPECIAL MEETING: • • • COUNCi L CHAMBER S CITY OF ENGLEWOOD, COLORADO June 22, 1981 /v The City Council of the City of Englewood, Arapahoe County, Colorado, met in special call session on June 22, 1981, at 5:0 0 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 Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpa~rick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Watkins * * * * * * Director of Community Development Powers appeared before Council and discussed the request from the Housing Au- thority for a loan to purchase three parcels of property for the development of duplex units. Ms. Powers addressed the question of why the fourth site was not being purchased. She stated she contacted a Mr. Tom Chandler from Nelson-Roth, the developer, who said the fourth parcel was closed upon in De- cember of 1980, at the request of the property owner. There was a note on the property whereby Nelson-Roth gave the pro- perty owners a down payment of $1,000 and has been making in- terest payments each month since. Ms. Powers stated the im- pression she was given by the fourth parcel property owners was that they have n ver been given a penny for the prop rty. Ms. Powers stat d she had copies of the cancelled checks en- dorsed for the int rest payments. Ms. Powers stated even • I • • = • June 15 , 1981 Page 2 • • • th o ugh the two parti es clo s ed in December , the developer was su p pose to pay off the note in Febr u ary of 1981; however, that time was ex- tended to May and h as contin ued on because the develo pe r has not ?Urchased the p r ope rty out right. Ms. Powers stated she wa s con - c er ned that if the developer does not have the o on e y to pa y off t h e property owner and ac tual ly have title, the matter could go on f o r several more months and the pro p er ty may be lost. ~s. Powers stated the fifth site was tied up and was a n- o ther iss u e . r.ouncil ~e mber Fitzpatrick asked for the reaso n gi v en by t~e developer for n o t buyi~g the p ropert y . Tom Burns, 3600 South Bannock, Chair ~a n o f the Eng l e ~ood Ho u sing Authority, came fo rt h to ans~er Mr. Fitzpatrick's quest i o n . ~r. Burns stated ~r. rh -dler stated verballv ·-~ c o nfi r med via a elegram that the fL -·d not . :o· -nough ca . :0 close on the sites. Mr. Chandler stated that t~~; ~ad sub~i tted archi t e c tural drawi ngs fo r the duplexes a few we eks ago to HUD. T~e pla n s were turned down and HUD ordered the firm to ma ke ad 4 ust~ent s which were not do ne adequately . Su b se ~~e~tl y , HUD-aske d them to com- pletely redo the un i t s as t ownhomes . ~J. Burns noted t h a t HU D req ~ires t h e pr o'e c t t o be started by Se?tember 30th , the e nd o f the federal fiscal ~ear . If not, the project c o u l d c ol lapse . ~r . Bur~s stated Hr. Chand l er further stated the ti~e invol v e d to redo t ~e p la n s c ould extend beyond the opt i on dates to pu rc h ase the ?rO ?e rt i es and get a c on tract with HUD. Al s o , ~r . Chan d ler stat ed t h e mon e y ha d ~een tied u p in a n o t he r ?re - j ect on Kansas Ci ty . ~r. Bu r n s expr e sse d his c onc erns in t h a t it was no t t h e r es?on si,i l i t y of t he Housing Au ~o r ity to pur ch a se t h si te s; howe •:er , t h e H ousi~g A~ ~ori t y ci d n ot wan t t o lo s e th e m. If t ~e pr o?e r :ies could not be d e vel oped ac co r di ng ly , th e A ~thor i t y c ould s ti l l mar~et th e s i:es and pay b a c k the lo a n t o th e Ci ty. Mr. Bu r ns st a ted t h e Autho rity wanted t o secur e th s~:es an d de a l w i~h t he dev e l oper later. I ~ res ?o n s e to Co~~c1l Xember K e na's q ue st ion, Fran ce s S Jck Jonas, Exe cuti v e D1 :ector of th e Ho u sing Aut ho ri ty, stat ed HL"D's defi ni tio~ of th e te r :x: "s:~-::c th e pr o~ect" mea ns plans a~d S?ecification s w o~'d be a ??r C\ed by H~D an d t he Housin g Autho r it y a nd that :i.e contract of sa!.e 'et·.;e e n th Ho us in g A ·t~o ri :y an d t he develop et would ~e signed so t~e d e v e lop er ~o uld be r e a d y ~o get a construc t ion lean and 'egi~ con s t r uc t ion . • I • • • 'I June 22, 1981 Page 3 • • • Council Memb er Keena asked if there was sufficient time to pick another contractor, do the plans. and have a formal con- tract i n place before September 30th. Mr. Burns s t ated it would be a risk to chang e contractors; however, another option would be to do a convent ional project whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns stated the most the Authority c ould do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amend in~ the ordinance for additional money without a resolut i on anu su ch a resolut ion was not on the agenda. Council Members Fitzpatrick and Keena recommended that the Housing Authority investigate the possibilities of purchas ing Parcel #4 and report back their find ings. ORDINANCE NO. 49 SERIES OF 1981 BY AUTHORITY COUNCIL BI LL NO . 60 I NTRODUCE D BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LOAN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CIT Y OF ENGLEWOOD IN THE SUM OF $79,000 , SECURED BY A DEED OF TRUST AND DECLARING AN EMERGE NCY . COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • - • • June 2 2 , 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY, COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lo'Ws: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradsha'W, Otis. None. The Mayor declared the motion carried. * * * * * * There 'Was no further business to be discussed due to the special call status of this meeting. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting 'Without a vote at 6 :00 p.m • • I • • - ( • • • • NOTICE OF CALL BY THE MAYOR . FOR A SPECIAL SESSION OF THE CITY COUNCIL~· ~.~ MON DAY, JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, f or the purpose of taking action b y ordinance, or other appropriate means as follows : Call to order, i nvocation, pledge of allegiance and roll call . 1. Ordinance on final reading approvin g the loan to the Englewood Housing A11thority by the City of Englewood in the s um of $79,000 secured by Deed of Trust and declaring an emergency. (Copies enclosed .) 2. Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emer genc y . (C opie s enclosed .) 3. Adjournment. l I ), I I j,,t~! ,II'( 'I. •I I'\_ ANDY MC CO WN Cit Manager AM /s b ACKNOWLEDGEMENT OF RECEIPT OF NOTICE Th e f ollowing person s , all Council Members of the Cit y o f Eng le - wood , do hereby acknowledge receipt of notice of the above s pecial ses.sion . £? ~ • I • • SPECIAL MEETING: • • ,. • COUNCl L CHAMBER S CITY OF ENGL EWOO D, COLORADO June 22, 1981 The City Council of the City of Engl ewood , Arapahoe Cou nty, Colorado, met i n special call session on June 22, 1981, at 5:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocat i on was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Mem bers Higday, Neal, Fitzpa ~ri ck, Keena, Bilo, Bradsh aw, Otis. Absent : Non e . The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistan t City Manager Wanush City At torney DeWitt Director of Community Development Powers Deputy City Clerk Watk ins * * * * * * Di rector of Community Development Powers app ared before Council and discussed the request from the Housing Au- thority for a loan to purchase three parcels of property for the development of duplex units . Ms. Powers addressed the question of why th fourth si t e was not b ing purchased. She stated she contac t d a Mr. Tom Chandler from Nelson-Roth, the developer, wh o said the fourth parcel was closed upon in De- cember of 1980, at th request of the property owner. There was a not e on th property whereby Nelson-Roth gave the pro- perty own e rs a down payment of $1,000 and has been making in- terest paymen ts each month since . Ms. Powers st a ted th im- press ion she was given by the fourth par cel property owners was that t hey h ave nev er been given a penny for the property . Ms. Powers stated she had copies of the cancelled checks en- dorsed for the int rest payments. Ms. Powers stated ven • I • • ( • June 15, 1 981 Page 2 • • • t hough t he t~o parties clo se d in December, the developer ~as s up pose to pay off the note in February of 1981; ho~ever, that time ~as ex- t ended to May and has c o ntinued on because the developer has not pu r ch a sed the pr o perty o ut right . Ms. Po~ers stated she wa s con- ce r ned tha t if th e develop er does not have the o on ey to p ay o ff th e p roperty owner an d act ual ly have title, the matter could go on fo r several more month s an d the pro perty may be lost. Ms. Po~ers s t ated the fifth site was t ied up and ~as an- ot her issue. r.ouncil Mem ber Fitzpatrick asked for the reason gi v en b y t~e develope r for not buyi~g t he property. Tom Bur ns , 3600 South Bannock, Chair~an o f the Eng le ~ood Housing Au thority , came fo rt h t o an s~er Mr. Fitzpatrick's question. ~r. Bur n s s t ated ~r . rh -dler st ated ver ba lly ·-~ confi r med via a tele gram th at the fi : .... :d not ~::-· nough ca :>. :0 close on the sites. Mr. Chand ler stated th at t: ey h ad sub:nitted ar c hi tectu r al d rawings fo r the du p le xe s a few weeks ago to H~D. T~e plans were turned do wn and HUD o rdered the firm to make adjus t~en ts which were no t done adeq u atel y . Subse~ue~tly, HUD a sked them to com- pletely re do the units as t ownhomes . ~r. Burn noted t ~a HU D req ui res the pr o'ect t o be started by September 30t~. t. e end of the fe d eral f i sc al ;ear. If not, the pro ject cou d collapse . Mr . Bur :~s s tated ~:r. Chandl er f u r the r stated the time involved to r edo t~e ola~s co·ld extend beyond the option date s to purchase the ?rope rt ies a~d get a c on tract wit ~ HUD. Also, ~r. Ch a ndler stated th mone; had ~een ti ed up in another pr o - ~ect on Kan sas Ci y . ~r. Bur n s expressed his concerns in that it ~as not the resp on si~ility of the Housing Au hority to purc h a se t he sites; ho10e·:er, the Hous!.ng A~ ~ority did not ~o;an t to los them. If t~e properties coJ:d not be developed ac co r di ng :y , the A ~thor ity co uld s il market the si:es and pay back t ,e lo ac to t~e City. Hr. Burns stated the Authority wanted to secure t he sites and dea: w it~ t he developer later. In resp on se t o Cou:~cil ~ember K ena's question, Fra nces BJck Jonas, Ex ec tive C1:ector of h H ousi~g Authority, stated Ht:D's definitio~ of t~e ter:x: "star thf: pr o~ect" rr.eans ;:>lans a-:d specifications ~o~:d b e a;:>prc\e~ ~~ H~D and he Ho usi~g A• hcrlty and that the contract of sale ~e ~ee n the Hous~~g A ·t~o ri:y and the developer wou :c e s!gned so t~e developer ~ou:d b r e ady to get a co~structio, lean a~d begin cccs:r cticn. • I • - ( • • ( • June 22, 1981 Page 3 • • • Council Memb e r Keena asked if there was sufficient time to pick another contr ac tor, do the plans, and have a formal con- tract in place before September 30th. Mr. Burns stated it would be a risk to ch ange contrac tors; however, another option would be to do a convent ional project whereby the Authority becomes the developer. Mr. Burns added the staff time required made the option not very realistic. Mr. Burns stated the most the Authority could do would be to place conditions on Nelson- Roth on how the project would be completed and to continue to work with them. Discussion ensued concerning loaning additional money to the Housing Authority to purchase Parcel #4. City Attorney DeWitt advised Council that due to the special call status of the meeting Council could not consider amendin~ the ordinance for additional money wi thout a resolution anu such a resolution was not on the agenda. Council Members Fitzpatrick and Keena recommended that the Housing Authority investigate the possibilities of purchasing Parcel #4 and report back their findings. ORDINANCE NO. 49 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LO AN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote result d as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non • The Mayor declared th motion carri d. * * * * * * • I • • - • • June 22, 1981 Page 4 ORDINANCE NO. 50 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 49 ', SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * ~ There was no further business to be discussed due to the special call status of this meeting. 6 :00 p.m. ( * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting witho ut a vot e at I \ ..... ,:' ' ' ..1-f < C.c I)· iL (Lt.~· 1 City Cierk I • • • • • • NOTIC E OF CALL BY THE MAYOR FOR A SPECIA L SESS I ON OF THE CITY COUNCIL MON DAY , JUNE 22, 1981 5 :00P .M. The City Council of the City of Englewood, Arapahoe Councy, Colorado, is called t o a special meeting at City Hall, 3400 South Elati Street, for the purpose of taking action by ordinance, or other a ppropriate means as follows : Call to order, i nvocation , pledge of allegiance and roll call. . 1 ' I .j r' 1. Ordinance on final reading approvin g the loan to the Englewood Housing A\1rhority by the City o f Englewood in the sum of $79 ,000 secured b y Deed of Trust and declar i n g an emergency. (Copies enclosed .) 2 . Ordinance on final read i n g decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and decl aring an eme rgency . (Copies enc losed .) 3 . Ad journmen t. I ' J l f,t~l ' ~ I. . / . ' /\. I ANDY I MC CO WN Cit Manager AM/sb ACKNOWLEDGEMEN T OF RECEIPT OF NOTICE The fo llowing per s on s , al l Council Members of the City o f Engl e - wood, do hereby ackno wledg e r eceipt of nocice of t he above s pec i al session . • I • • • • • ROLL CALL Mo ved Seconded Aye Na y Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I Yo ../ j:rJ fi cUu -(Y-!1 1 J ' I . . • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday .....- Neal t-- Fitzpatrick t-- Keena (.....- Bi lo v- Bradshaw 1-- Ot1s t-- I • • • • - • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi-qday Neal Fitzpatrick Keena Bi lo Bradshaw OtiS I -~ ~ UJ/ ~~dl a_ '/l i£"~ f ~"J aa£&1-r" 1J.A w _ 1 f!J )IJLiu r1"" t <r N YlVW V1 tt ~ )'( ._, 0 /}-J.../c u ; c. .&-a 41' cl-. • • I . • • • • • ROLL CALL Moved Seconded A ye N ay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis 1-~rnUL& -c/ j t ?t J ~ 1-/ 2 ( IJ -AA£ 'L 1 ~/ ck;,u 'K-; ~ ~ ~l..:>--.~'t!t C-<1.-~ L-(,..'1/U .X-0 /l.Lt _Lt 1clU. Vd- -;1Jvz. /)'1. I u J- C? J!r lJ 1 - .11.(//_ ~UL1..a_ /J I V 'iJ-y__l<_,n_(_~ A} 'M:L~J.d' 7' J o lu .tt -A! v u~~ _ ./) wiU1 < t;_<''~-I /--I ~/2Ud<_ ~ ' _;t:J~., u-u {"" 1 _./ • I . • ' . Moved Seconded -HiCiday Neal Fitzoatrick Keena Bi lo Bradshaw Otis t <-? }'L-a -'-('L a ll £die_~ I • • • • ROLL CALL A ye Nay • Absent Abstain • • I f I . I . • - • .. • ROLL CALL Moved Seconded Aye Nay Absent Ab t ' s aan Hiaday Neal Fitzpatrick Keena Bi lo Bradshaw Otis • • I . • • • - • • ROLL CALL Moved Seconded ~ Nay Absent Abstain Higday Neal """ Fitzpatrick Keena Bi l o I ,.. Bradshaw I Otis I I • • • • • • ROLL CALL -------~--- I • • • • \ ( • • • .. • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JUNE 22, 1981 5:00 P.M. The City Council of Colorado, is called South Elati Street, ordinance, or other the City of Englewood, Arapahoe County, to a special meeting at City Hall, 3400 for the purpose of taking action by appropriate means as follows : A>-(.l...:> Call to order, roll call. , J ~.ul!-/(Y. t}...l invocatio , pledge of allegiance and 2. Ordinance on final reading approving the loan to the Englewood Housing Authority by the City of Englewood in the sum of $79 ,000 secured by Deed o f Trust and declaring an emergency. (Copies enclosed .) Ordinance on final reading decriminalizing violation of the Englewood Municipal Code of 1969 as amended by minors and declaring an emergency . (Copies enclosed .) 3 . Ad j ournment. I L ;,!,~f ,)//r,,/ .. , /\. AN DY MC GOWN Cit Ma n age r AM/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Coun cil Me mbers of t he City of En gle- wood, do hereby acknowledge r e c eipt o f n otice of the above special session . • I . - • ORDI NANCE NO. If tf SERIE S OF 198 _1 __ _ • • • BY AU 'lliORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE LOAN TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY OF ENGLEWOOD IN THE SUM OF $79,000, SECURED BY A DEED OF TRUST AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall loan to Englewood Housing Authority the sum of $79,000 at an interest rate of 12.0% per annum to be secured by a deed of trust on that property the Englewood Housing Authority currently possesses an option to purchase legally described as: Parcel 11 2213 -2215 West Vassar Avenue South 120 feet of Lot 29, except West 16.75 feet, Block 12, Southlawn Gardens, County of Arapahoe, State of Colorado. Parcel 12 3121 South Lincoln Street Lots 42, 43, 44, Block 4, Rose Addition to Englewood, County of Arapahoe, State of Colorado. Parcel 13 3726 -3730 South Inca Street Lots 7 and 8, Block 5, Logandale Subdivision County of Arapahoe, State of Colorado. Said loan shall be repaid not later than October 31, 1981. Should said option not be exercised, the loan shall not be made. Section 2. The City Council hereby authorizes the City Manager of the City of Englewood, the Director of Finance ex officio City Clerk-Treasurer, and the City staff to execute those documents as are necessary to carry out the provisions of Section 1 hereof. Section 3. That the Englewood Housing Authority provides needed housing for the City of Englewood and that they have an option to purchase additional property for said needs, and that the City • () I • • -• • • Coun c i l desires to loan sums to the Englewood Housing Authori ty t o allow the exercise of an option on or before June 30, 1981, thi s being necessary for the health, safety and welfare of the residents of the City of Englewood and therefore declares an emergency. Introduced, read in full, and passed on first reading on the 18th day of June, 1 9 81. Read by title a n d passed on final reading on the 22nd day of June, 1981. Published in full as Ordinance No. ____ , Series of 1981, on the 24th day of June, 1981. Eugene L. Otis, Mayor Attest: \ ex officio City Clerk-Treasurer • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and f oregoing is a true , accurate and complete copy of the Ordinance passed on final reading and published in full as Ordinance No. _____ , Series of 1981. Gary R . Hi g b e e -2- • 0 I • • • BY AUTHOlHTY ORDINA NCE NO. ~0 SERIES OF 1Y8 _1 __ __ • • • COUNCIL BILL NO. 4Y IN'l'ROLJUC ED BY COUNC IL ME MBER KEENA AN ORD INANCE DECRIMINALIZING VIOLA 'l'ION OF THE ENG LEWOOD HUN I CI PAL CODE OF i969 AS AMENDED BY MINORS AN D DEC LARING AN EMERGENCY. WHEREAS, juveniles comm it ting acts ~n v~olat io n of the Englewood Munic~pai Coae of 1969 as amended are b rought b e fo re the Arapahoe Coun ty D~strict Court, Juv en~le Divi sion; and WHEREAS, there is a bac klog of cases nefore the Juven iie D~vision which results in a delay of six months before a case can oe determined; and WHERE AS , this deiay res ults in ~nj ustice to t he victims o f J uvenile crime and disrespect for the Amer~can s y stem of J USt ice . NOW, THE REFORE , BE IT ORDAINED BY THE C ITY COUNCIL OF TH E CITY OF ENGLE WOOD, COLOHADO: Sect~on i. Title I, Chapter , Sect~on 20, ~s amended to add new sUbsect ~on (c) : 1-i-20 (c) No ja il sentence shall be ~mpo sed upon per sons under tne age ot eigh een ll8 J yea rs. Th~s re striction sh all not appiy to pe rson s who are convic t e of a v~olation arising out o f the ope rat ion of a motor vehicle. The term "convict~o n" as us ed herein shall ~nclude either the entry of a plea of nolo contendere or gu~lty to the vio iat~on Any provisions to th contrary shall no have stand~ng w~th respect to tho se persons under tne age of eighteen 11 8) years . Section to rca Tie l as follows: I, Cnap t er L, Sec t1o n l, is hereby amende d 1-2-1: GEN ERAL PENAL1'Y; CONTINUI G VIOLAT IONS; FINES AND I MPR ISONMEN T (a) It sha ll be unlawful for any person to vioiate, d~sobey, om~t , n glee , refuse or fa1l to c omply wit h or resis t he en orc.men of a ny pro v~sion of th~s Code or any second ry cod dopted here1n , and whe re no specif1c penal ty 1s prov~d d ther for, he v 1olat1on of any p r ovis1on of th is Code or of ny secondary co de adc·ptect herein s h 11 be punish d by a fin no x ceeding tn1e hundred dollars or imp1·isonment for c. term not exce ding n inety days or by both s uch f~ne and ~mprisonm nt , th amount of such fin or t rm of such ~mpr1sonm nt to res w1th~n the d1s cre tion of th Municipal Judg . The imposi 1on of one p ena lty • 0 I • • • • • • • shall not excus e any v1olation nor perrn1t it to continu Unless otherwis e 1ndicated , a separate o ffens e shall be aeemed committrd upon each day or port1on thereof dur- ing or on whi ch any violation of any provis1on of tnis code or any s ~·on dary code adopted hertn n o ccu rs or continues. (b) NO JAIL SE NTENCE SHALL BE IMPOSED UPON PERSONS UNDER THE AGE OF EIGHTEEN (lH) YEARS. THIS RESTRIC- TION SHALL NOT APPLY TO PERSONS WHO ARE CONVICTED OF A VIOLATION ARISING OUT OF THE OPERATION OF A MOTOR VEHICLE. THE TERM "CONVICTION " AS USED liEPEIN ::iHALL INCLUDE EITHER THE ENTHY OF A PLEA OF NOLO CONTENDER OR GUILTY TO THE VIOLATION. ANY PROVISIONS TO THE CONTRARY SHAL L NOT HAVE STANDING WITH RESPECT TO THE PERSONS UNDER THE AGE OF EIGHTEEN ll8) YEARS. Sect1on 3. An emergency is hereby declared 1n that for the protect1on of the health, safety and we lfare of the City of Englewood, it is necessary to prosec ute vi ola tions of the Englewood Municipal Code by minors in the Municipal Cour of the C1ty of Englewood in a prompt and speedy manner. Introduced, read in full , and passed on firs t reading on thelSth day of June , 1981. Publ1shed as a B1ll for an Ordinanc e on thel7th day of June, 1Y81. of Read by title and passed on final reading on the 1981. day ryublished by title as Ordinance No. on the day of 1981. , Series of 1981, Attest: --E·ugene L. Ot1s, Mayor ex off1c1o C1ty Clerk-Treasurer -2- • I • • ....... ( ( • • • .. I, Gary R. Higbee, ex officio City Clerk-Treas urer of the City of Englewood , Colorado, hereby certify that the foreg oing is a true, accurate and complete copy of the Ord inance passed on fina l reading and publi shed by title as Ordinance No. ____ __ Series of 1981. Gary R. H1gbee -3- • I •