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Home My WebLink About1981-09-21 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING -Regular September 21, 1981 0 • • • • RESOL UTIO N #~ 42, 43, 44, 45, 46 ORDINAN CE # /.,. 69, 70, 71, 72 s • 0 0 I . J i REGULAR MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 21, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 21, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order, The invocation was given by Reverend William Mantei, Centennial Lutheran Church, 3959 West Belleview. The pledge of allegiance was led by May or Otis, Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : Council Member Higday . The Mayor declared a quorum present. Mayor Oti s stated Council Member Higday was ill and was not able to attend the meeting . * * * * * * Also present were : Acting City Manager Waggoner City Attorney DeWitt Municipal Court Judge Parkinson Deputy City Clerk Watkins * * * * * * COUNCIL MEMB ER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETIN G OF SEPTEMBER 8, 1981. Council Member Fitzpatrick seconded the motion . COUNCIL MEMBER NEAL MOVED TO AMEND THE MINUTES BY ADD- ING "SITES" AFTER THE WORD "CONSTRUCTION" IN THE THIP..D PARAGRAPH, PAGE 6. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follo ws : Ayes : Nays : Council M mbers Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • • , • S te~ber l, ~ 8t Page 2 Ab £> t Nays Ab.ent: Tite yo Upon 11 f t r ulted a folio es. Cou lei l ~ lo, p vs: Non". Ab en Coun i 'h •or dE!~ L•red * cil Ay ye : Council mb r • • - J fHE ~INUTES BY TH•· I'OURTH PARAG RAPH ~ne motlon. Upon a zpa rick, Keena, n the origina l motion Fitzpatric~. Keena, Al'P OVE A P OCLAMATION 0 lo" SHI G DAY". Coun- ot:ion. M • n •• d con erva- y espP.ciall y for re tler 1 ture Ft 7pRtrick, • I • • • • • • Se ptember 21 , 1981 Pa ge 3 Absent : Council Member Higday. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visitor Walter Samuelson , 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation. He stated sportsmen furnish approximately 3/4 of the money that it used for wild game and trees, etc. Mr. Samuelson stated it was the hope of sportsmen to educate the public as to why there is a Hunting and Fishing Day. * * * * * * time. Mayor Otis asked if there any other visitors at this Acting City Manager Waggoner introduced Fire Chief Broman who was recently employed by the City. James Broman appeared before Council and expressed appreciation for his employment and was looking forward to work- ing for the City. were: * * * * * * There were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) ( ) Minutes of the Planning and Zoning Commission meeting of July 21, 1981. Minut of the Englewood Public Library Ad- vis o ry Board m eting of August 11, 1931. Board of Adjustment and Ap- of August 12, 1981. th Denv r Regional Council of s m ting of August 19, 1981. Minu a of th Englewood Down own 0 v lopm nt Authority m tin of S pt mb r 9, 1981 • • ' I • • I Sep temb er 21 , 1981 Page 4 (f) (g) • • - Memo randum from the Executive Director - Ho u sing to hP Director of Community De- velo pm nt conc e rning the Ann ua l Mount ain Plains Regional lAHRO Co nfe rence. Me morandum from the Ex ec u t ive Direc tor - Hous i n g to he Oi~ec tor o f Communi ty De- v elopm ent conce i ng t h e Small Ci t i es Com - munit y Developmen Block Grant Re gulation Rev i e w Pan 1. CO UNC I L MEMBER KEF,NA MOVEt> TO ACC EPT "COMMUN I CATI ONS - NO AC TI ON RECOMM ENDED " AGEND A ITEM'> SA -SG. Council Mem b er Bilo seconded the motion. Upo n a call ot the r o ll, the vote r esulted as follows : Ayes : Nays : Absent : Counc i Me m ber~ Ne al, Fitz pat r ick , Keena , Bi lo, Bra sh aw, 0 i s . Non e . Coun c i l Member Htgda y. The Mayor de clared t hP. mo t ion c rr ied. * * * * * Ac t ing City Ma na ger ggoner resented a Co uncil Com- munic tion fr om the P lann ing a n d Zonlt p Co mmission meet i n g of Septemb er 9, 1 981, cone rntng aptpov 1 j f th e fina l subdivision p la t o f Cotton wood Villa in the 0 b o c k o f West Quin c y Av e - nue . COU NClL MEMB ER BI LO TO PREP AR E AN ORD INAN CE A PR O I G seconded th motion. Upon a call s follows . D TO DIRECT THE CI TY AT TORN EY THE PLAT. Coun cil Me mbe r Ke na o f h r oll, t h vote resulted Ay Council M mb rs N al, Fitzp t ri c k, Keen . Bilo, Br d haw, Otis . Nays : Non • Aba nt : Co un cil M mber Hi ay . The Mayor d c l red rr i d. • • • * * • I • September 21, 1981 Page 5 ORDINANCE NO. 67 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO . 78 INTRODUCED BY COUNC IL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSF ER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMB ER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FINAL READING. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nay s: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None. Council Member Higday. The Mayor de clared th e motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE lX, CHAPTER 6, SECTION 35, BY ADD- ING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CON- DUCTS A "GOING-OUT-OF -BUSI NESS SALE". City Attorne y DeWit recommended tabling Coun cil Bill No. 76 to add recommend d language to protect business owner COUNCIL MEMBER KEENA MOVED TO TABLE COUNCIL BILL NO. 76, SERIES OF 1981. Co uncil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council M mbers Neal, Fitzpatrick, Keena, Bilo, Br dshaw, 0 l • Nays : on • • , I • ; • September 21, 1981 Page 6 Absent: • • • Council Member Higday . The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AU THORITY A BILL FOR COUNCIL BILL NO. 69 I NTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCE- DURE BEFORE HEARING BODIES OF THE CITY AND PROVIDI NG FOR AP- PEAL THEREFROM. City Attorney DeWitt noted a correction on page 2 1-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authority". COUNCIL MEMB ER BILO MOVED PASS COUNCIL BILL NO. 69, SERIES OF 1981, AS AMENDED ACCORDING TO THE CHANGE NOTED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor d clared the motion c rried, ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COU NCIL MEMBER NEAL AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCER NING CERTAIN REAL PROPERTY OWNED BY TH CITY OF ENGLEWOOD, COLORADO • • I . - • September 21, 1981 Page 7 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. In response to Council Member Neal's question, City Attorney DeWitt stated all terms concerning this agreement have been resolved. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried, RESOLUTION NO. 41 SERIES OF 1981 * * * * * * A RESOLUTION ESTABLISHING DATES OF SUSPENSION OF LIQUOR LICENSE OF JOHN W'S D/B/A THE DART BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1981. Council Member Fitzpatrick stated this resolution was a warning to various liquor businesses that City Council will not tolerate violations of the liquor code. Council Member Bradshaw noted it has taken 18 months to resolve this issue with The Dart Board. Upon a c 11 of th roll, the vote resulted as follows: Ayes : Nays : Absent ; Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Memb r Higday. The Mayor declar d the motion carried. * * * * * * • , I • , September 21, 1981 Page 8 • • • City Attorney DeWitt transmitted a Writ of Prohibition from District Court Judge Joyce S. Steinhart prohibiting Judge Louis Parkinson from dismissing "Resisting Arrest" cases. * * * * * * City Attorney DeWit t stated in the course of construc - ting a sanitary sewer in northw e st Englewood, it has been nece s sary to acquire certain right-of-ways. Mr. DeWitt stated the grant of sewer line easement from Key Savings & oan was pursuant to the document he delivered at the study session. Mr. DeWitt asked for approval of this grant. COUNCIL MEMBER KEENA MOVED TO APPROVE THE GRANT OF A SEWER LINE EASEMENT FROM KEY SAVINGS & LOAN TO THE CITY OF ENGLE- WOOD. Council Member Neal seconded the motion . Council Member Neal asked if there would be a payment of money to Key Savings for the easement. City Attorney DeWitt stated there may be a release of another right-of-way. Mr. DeWitt stated there was an alterna- tive of either paying pursuant to a MAl appraisal or pursuant to release of another alternate right-of-way . Council Member Neal asked if the proposed alignment was consistent with the downtown development program. Acting City Manager Waggoner stated since it is unknown exactly what the downtown developm nt will con sist of, there will be coordination wi th th pl n and the alignment. Also, Little Dry Creek plans wer looked at to mak sure that the pipe will be low enou h and wide enough to accomodate Little Dry Creek improvt!ments. Upon a call of th roll, th vote resulted as follows: Ay ays : Abs nt : Council M mbers N 1, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council M mb r Higday. Th yor d clar d the motion carri d. • * * * * • • D I • • • September 21, 1981 Page 9 • • • City Attorney DeWitt stated he would be out-of-town on this Thursday and Friday attending a Colorado Bar Association meet- ing. He would be contacting his secretary if there are auy emer-gencies. * * * * * * Acting City Manager Waggoner presented the 1982 pro- posed Englewood Downtown Development Authority budget and cover letter from Michael K. Haviland, Executive Director. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena seconded the motion. City Attorney DeWitt stated approval of the budget would transpire at the time other City budget matters would be handled. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Acting City Manager W ggoner presented a memorandum from the Chief of Police requesting to attend an Obscenity Conference in Scottsdale, Arizona, November 30 and December 1 and 2, 1981. Mr. Wag goner stated expenses can b paid out of the existing budget. COUNCIL MEMBER FITZPATRICK MOVED TO AP PROVE THE OUT- OF-STATE TRIP FOR THE CHIEF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo seconded the motion. Upon a call of the roll, the vote r sulted s follow : Ayes : Nay Abs nt , Council Members Neal, Fitzpatrick, Keena, Bilo, Brad h w, Otis. Non • Council M b r Higday. The Mayor d cl r d h otion carried. * • • • • • • 0 I I • • September 21, 1981 Page 10 • • • Acting City Manager Waggoner presented a Council Communi- cation from the Planning Division concerning a request for installa- tion of banner across South Broadway for the "Run for Life". The request is presented by St. Anthony's Hosp i t al from September 28th through October lOth. COUNCIL MEMBER BRAD SHAW MOVED TO APPROVE THE BANNER FOR ST. ANTHONY'S lOK RUN FOR LIFE FROM SEPTEMBER 28TH THROUGH OCTOBER lOTH. Council Member Fitzpatr ick seconded the motion. Council Member Neal spoke against the motion. Mr. Neal noted the discussion of having c onstant banners . He stated the period of time is too long for one banner. Council Member Keena noted that the business of banners is proposed to be under the ne w Sign Code as an administrative i function. • Acting City Manager aggoner stated it was proposed to eliminate all banne rs with th exception of those events sponsored by city, county or school district. Council Member Bilo agreed with Mr. Neal. Mr. Bilo hoped the proposed Sign Code would address the problem; but be- cause of the time frame, the St. Anthony's banner should be al- lowed. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Neal. Council Member Higday. The Mayor decl red th motion carri d. * * * * * * Council thanked Kells Waggoner for filling in for City Manager McCown who was out-of-town this week. * * * * * * sudienc • Council Member Fitzp trick welcom d new people in the * * * * * * • I • • l • • • • September 21, 1981 Page 11 There was no further business to be discussed, * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. 8:15 p.m. Mayor Otis adjourned the meeting without a vote at • , I • • REGULAR MEETING: • • - COUNCIL CHAMB ERS CITY OF ENGLEWOOD , COLORADO Septemb er 21, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 21 , 1981, at 7:30 p.m. Mayor Otis, pres i d i ng, c alled the meeting to order. The invocation wa~ given b y Reverend Wi lliam Mant ei , Centennial Lutheran Ch urch, 3959 We st Belleview. The pledge of allegiance was led by Ma yo r Otis . Mayor Otis asked for rol l c a l l. Upon a call o f the roll, the follow i ng were present: Coun cil Members Neal, Fitzpa trick , Ke e na , Bilo, Brad s h aw , Otis. Abs ent: Council Member Higday. The Ma yor declared a quor um pre sen t . Mayor Otis stated Council Me mber Higday was ill and was not able t o attend the meeting . * * * * * * Also present were : Acting City Man ager Waggoner City Atto r ney DeWitt Municipal Court Judge Parkinson Deputy City Clerk Watkins * * * * * * COUNCIL MEMB ER BRADSHA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEE TING OF SEPTEMBER 8, 1981. Council Memb r Fitzpatrick second d th mo ion. COUNCIL MEMB ER F~L MOVED TO AMEND THE MINUTES BY ADD- I NG "SITES" AFTER THE WORD "CONSTRUCTION" IN TP.E THIP.D PARAGRAPH, PAGE 6. Council M mb r K en econded the motion. Upon call of th roll, h vote r ulted as follows: Ay N ya : Council M mb ra N l, Fitzpatrick, K n , Silo, Br dah w, Otis. Non • • , I • • ; September 21 , 1981 Page 2 Absent : • • - Council Member Higday. The Mayor declared the motion carried . COU NCIL MEMB ER BRADSHAW MOVED TO AMEND THE MINUTES BY ADDING THE WORD "MANN ER" AIT ER "WHATEVER" IN THE FOURTH PARAGRAPH ON PAGE 4 . Counc i l Member Fitzpatrick seconded the mo tion. Upon a call o f t h e roll, the vote resulted as follo ws : Ayes : Nays: Absent : Council Member Ne 1, Fi.tzpatrick , Keena, Bilo, Bradshaw, Oti . None. Council Member Hi gday. The Mayor declared the motion carried. Upon a call of the roll, t he vote on the original moti on re s ulted as follows: Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nay s : None. Absent: Council Member Hi gd ay . The Mayor declared the mo ton carried . * * * * * * COU NCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 26, 1981, AS "HUNTI G AND FISHING DA Y". Coun - cil Member Fitzpatrick second d th motion. Council M mb r Ke na spoke gainst the motion. Ms. Keena sta ed she b liev d in wildli e man g ment nd conserva- tion but h d a difficult ti procl iming day e pecially for hunting and fishing when it ia not ti d to a gre ter picture of conservation nd manag m nt, Ayes : Nays : Coun cil M mbers N al, Fitzpatrick, Bllo, Bradeh w, Otis. Council H mber K ena. • 0 I • • ( • • • • September 21, 1981 Page 3 Absent: Council Member Higday. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visitor Walter Samuelson, 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation. He stated sportsmen furnish approximately 3/4 of the money that it used for wild game and trees, etc. Mr. Samuelson stated it was the hope of sportsmen to educate the public as to why there is a Hunting and Fishing Day. * * * * * * time. Mayor Otis asked if there any other visitors at this Acting City Manager Waggoner introduced Fire Chief Broman who was recently employed by the City. James Broman appeared before Council and expressed appreciation for his employment and was looking forward to work- ing for the City. were : * * * * * * There were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Min utes of the Planning and Zoning Commission meeti ng of July 21, 1981. Minu tes of the Englewood Public Library Ad- visory Board meeting of August 11, 1981. Minutes of the Board of Adjustment and Ap- peals meeting of August 12, 1981. Minut s of the Denv r Regional Council of Gov rnm nts meeting of August 19, 1981. Hinut s of the Englewood Downtown Dev lopment Authority meeting of Septemb r 9, 1981 • • ! I • i September 21, 1981 Page 4 (f) (g) • • • Memoran dum from the Executive Director - Housing to the Director of Community De- velopment concerning the Annual Mountain Plains Regional ~AHRO Confe rence . Me morandum from the Executive Director - Housing to the Director of Community De- velopmen t concering the Small Cities Com- munity Development Block Grant Regulation Review Panel. COUNCIL MEMBER KEENA MOVED TO ACCEPT "C OMMUNICATIONS - NO ACTION RECO MMENDED " AGENDA I TEMS SA -SG. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. Absent : Council Member Higday. The Mayor declared the motion carried. * * * * * * Acting City Manager Waggoner presented a Council Com- munication from the Planning and Zoning Commission meeting of September 9, 19 81, concerning aprpoval of the final subdivision plat of Cottonwood Village in th 800 block of West Quincy Ave- nue . COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE PLAT. Council Member Ke ena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Brad haw, Otis. Non e . Council Member Higday. The Mayor d clared the motion carried. * * * * * * • I • • September 21, 1981 Page 5 ORDINANCE NO. 67 SERIES OF 1981 BY AUTHORI TY • • • COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FINAL READING. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nay s: Abs ent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE lX, CHAPTER 6, SECTION 35, BY ADD- ING A PROVISION REQUIR ING A DEPOSIT FEE FOR A BUSINESS THAT CON- DUCTS A "GOING-OUT-OF-BUSINESS SALE". City Attorney DeWitt recommended tabling Council Bill No. 76 to add recommend d 1 nguage to protect business owners. COUNCIL MEMBER KEE A MOVED TO TABLE COUNCIL BlLL NO. 76, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call o th roll, the vote resulted as follows : Ayes : Nays : None • Neal, Fitzpatrick, Keena, Otis. • 0 I I . I • September 21, 1981 Page 6 Absent : • • • Coun c il Member Higday. The Mayor declared the mo t ion carried. ORDINANCE NO . SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCE D BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI PAL CODE '69, AS AMENDED , RELATING TO RULES OF PROCE- DURE BEFORE HEARING BODIES OF THE CITY AND PROVIDI NG FOR AP- PEAL THEREF ROM. City Attorn ey DeWitt noted a correction on page 2 1-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authority". CO UNCIL MEMBER BILO MOVED PASS COUNCI L BILL NO. 69, SERIES OF 1981, AS AMEN DED ACCORDING TO THE CHA NGE NOTED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion c rried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SAN ITATIO N DISTRICT AND SOUTHGATE SANITATION DISTRICT CO NCER NING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO • • I . • • September 21, 1981 Page 7 • • .. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981 , ON FIRST READING. Council Member Bradshaw sec- onded the motion. In response to Council Member Neal's question, City Attorney DeWitt stated all terms concerning this agreement have been resolved. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None, Council Member Higday, The Mayor declared the motion carried. RESOLUTION NO. 41 SERIES OF 1981 * * * * * * A RESOLUTION ESTABLISHING DATES OF SUSPENSION OF LIQUOR LICENSE OF JOHN W'S D/B/A THE DART BOARD. COUNCIL MEMB ER BRADSHAW MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1981. Council Member Fitzpatrick stated this resolution was a warning to various liquor businesses that City Council will not tolerate violations of the liquor code . Council Member Bradshaw noted it has taken 18 months to resolve this issue with The Dart Board. Upon a call of the roll, th vote re ulted as follows : Ayes : Nays: Absent : Coun c il Members Neal, Fitzpatrick, Keena, Bilo, Br dsh w, Otis. None. Council Memb r Higd y. Th Mayor decl r d the motion carri d. * * * * * * • D , I • • i • September 21, 1981 Page 8 • • .. City Atto rney DeWitt transmitted a Writ of Proh i bition from District Co ur t Judge Joyce S. Steinhart prohibiting Judge Louis Parkin s on from dismissing "Re isting Arrest'' case s. * * * * * * City Atto r ney DeWitt stated in the course of c onstruc- t ing a sanitary sewer in northwest Englewood, it has b een necessary to acquire certain right-of-way s. Mr. DeWitt stated th e grant of sewer line easement from Key Savings & Lo an wa s pu rsuan t to the document he delivered at th study session. Mr. DeWitt asked for approval of this grant. COUNCIL MEMBER KEENA MOVED TO APPROVE THE GRAN T OF A SEWER LINE EASEMENT FROM KEY SAVINGS & LOAN TO THE CI TY OF ENGLE- WOOD. Council Member Neal seconded the motion . Council Member Neal ask d if there would be a p a ym ent of money to Key Savings for the easement. City Attorney DeWitt stated there may be a release of another right-of-way. Mr. DeWitt stated there was an alte rna- tive of either paying pursuant to a HAl appraisal or pursuant to release of another alternate right-of-way. Council Member Neal asked if the propo s ed al ignment was consistent with the downtown development program. Acting City Manager Waggoner stated since it i s unknown exactly what the downtown development will consist of, t here will be coordination with the plan and the alignment . Also, Li t t le Dry Creek plans were looked at to make sure that the pipe will be low enough and wide enough to accomodate Little Dry Cr eek improvements. Upon a call of the roll, the vote resulted s follows: Ayes: Nays : Absent : Council M mbers Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * • I • • September 21, 1981 Page 9 • • .. City Attorney DeWitt stated he would be out-of-town on this Thursday and Friday attending a Colorado Bar Assoc i ation meet- ing. He would be contacting his secretary if there are any emer- gencies. * * * * * * Acting City Manager Waggoner presented the 1982 pro- posed Englewood Downtown Development Authority budget and cover letter from Michael K. Haviland, Executive Director. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena seconded the motion. City Attorney DeWitt stated approval of the budget would transpire at the time other City budget matters would be handled. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absen t: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Acting City Manage r Waggoner presented a memorandum from the Chief of Police requesting to attend an Obscenity Conference in Scottsdale, Arizona, November 30 and December 1 and 2, 1981. Mr. Waggoner stated expenses can be paid out of the existing budget. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE OUT- OF-STATE TRIP FOR THE CHIEF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted a follows: Ayes : Nays : Absent : Council Members Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. Council Member Higday, The Mayor d cl r d the motion carried, * * * * * * • ! I • • • • - September 21, 1981 Page 10 Acting City Man ager Waggoner presented a Council Communi- cation from the Planning Divis ion concerning a reque st for installa- tion of banner across South Broadway for the "Run for Life". The request is presented by St. Anthony's Hospital from September 28th through Oct ober lOth . COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE BANNER FOR ST . ANTHONY'S lOK RUN FOR LIFE FROM SEPTEMBER 28TH THROUGH OCTOBER lOTH. Council Member Fitzpatrick seconded the motion. Counci l Memb er Neal spoke a gai nst the motion . Mr. Neal noted the discussion of having constant banners . He s tated the period of time is too long for one banner. Council Member Keena noted that the busine ss of banners is proposed to be under the new Sign Code as an administrative ; function. Acting City Manager aggoner stated it was proposed to eliminate all banners with th exception of tho se events sponsored by city, county or school district. Council Member Bilo agreed with Mr. Neal . Mr. Bilo hoped the proposed Sign Code would ddress the probl em ; but be- cause of the time frame, the St. Anthony's banner should be al- lowe d . Upon a call of the roll, the vot resulted as follows: Ayes: Nays: Absent: Council Members Fitzpat rick , Keena, Bilo, Bradsh w, Otis . Council Memb r Neal. Council Member Higday. The Mayor declared th motion c rri d. '* '* '* '* '* '* Council thanked Kells Waggoner for filling in for City Manager McCown who was out-of-town this week, '* '* * '* • • audience. Council Member Fitzpatrick welcom d new people in the * * • * • '* • 0 I • • • • • September 21 , 1981 Page ll There was no further business to be discussed. * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. 8 :15 p.m. Mayor Otis adjourned the meeting without a vote at • I . - REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 21, 1981 I b The City Council of the City of Englewood, Arapaho e County, Colorado, met in regular session on September 21, 1 98 1, at 7:30 p.m. Mayor Otis, pres i ding , called the meeting to order. The invocation was given by Reverend William Mantei, Centennial Lutheran Church , 3959 Wes t Belleview. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll c all. Upon a call of the roll, the following were present : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Absent : Council Member Higday. The Mayo r declared a quorum present. Mayor Otis stated Council Member Higday wa s ill and was not able to attend the meeting. * * * * * * Als o present wer e: Acting City Manager Waggoner City Attorney DeWitt Municipal Court Judge Parkin son Deputy City Clerk Watkins * * * * * * COUNCIL MEMB ER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR ME ETING OF SEPTEMBER 8, 19 81. Council Member Fitzpatrick seconded the motion . COUNCIL MEMBER NEAL MOVED TO AMEND THE MINUTES BY ADD- ING "SITES" AFTER THE WOR D "CONSTRUCTION" IN TP.E TP.Ir..D PARAGRAPH, PAGE 6. Council M mber Keena seconded the motion. Upon a call of the roll , th vot resulted as follo ws : Aye : Nays : Council Memb er s Neal, Fitzpatrick, Keena, Bilo, Br dshaw, Otis. None. • ·' I • ; September 21, 1981 Page 2 Absent: • • - Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MINUTES BY ADD ING THE WORD "MANNER" AFTER "WHATEVER" IN THE FOURTH PARAGRAPH ON PAGE 4. Council Member Fitzpatri ck seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Absent: Council Memb ers Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 26, 1981, AS "HUNTING AND FISHING DAY". Coun- cil Member Fitzpatrick seconded the motion. Council Member Keena spoke against the motion. Ms. Keena stated she believed in wildl ife management and conserva- tion but had a difficult time procl iming a day especially for hunting and fishing when it is not tied to a gre ter pictur of conservation and management. Ayes : Nays: Council Members N al, Fitzpatrick, Bilo , Bradshaw, Otis. Council Memb r Keena. • I • • • • - September 21, 1981 Page 3 Absent: Council Member Higday. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visitor Walter Samuelson, 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation. He stated sportsmen furnish approximately 3/4 of the money that it used for wild game and trees, etc. Mr. Samuelson stated it was the hope of sportsmen to educate the public as to why there is a Hunting and Fishing Day. * * * * * * time. Mayor Otis asked if there any other visitors at this Acting City Manager Waggoner introduced Fire Chief Broman who was recently emp l oyed by the City. James Broman appeared before Council and expressed appreciation for his e mploym ent and was looking forward to wor k - ing for the City. were : * * * * * * There we r e no other vi s itors a t t his time. * * * * * * "Commun icat ions -No Act ion Re c ommended" on the agenda (a ) (b) (c) (d ) (e) Minutes of th Plann ing and Zon i n g Co mm ission meeting of July 21, 1981 . Minutes of the Englewood Public Library Ad- visory Board m eting of Au gust 11, 1981. Minut s of the Board of Ad justment and Ap- peals m eting of Augu t 12, 1 98 1 . Minutes of th D nv r Re g i onal Cou ncil of Governments me ting of Au g us t 1 9 , 1981 . Minutes of th Englewoo d Do wn town Dev 1opmen t Authority m ting of Se p t emb er 9, 19 8 1 • • ! I • ; September 21 , 1981 Page 4 (f) (g) • • • Memoran dum from the Exec utive Director - Housing to the Di r e cto r o f Community De- velopm ent concerning t he Annual Mountain Pla i n s Regional NAHRO Co nference, Mem o randum from the Executive Director - Housin g to the Direc tor of Community De- velopment conceri ng the Small Cities Com- muni ty Development Blo c k Grant Regulation Re view Pan 1. COUNCIL MEMB ER KEENA MOVED TO ACC EPT "COMMUNICATIONS - NO ACTION RECOMMENDED " AGENDA ITEMS SA -SG . Council Member Bilo seconded the motion. Upon a call of the ro ll, the vote resulted as follows : Ayes : Nays : Absent: Council Members Ne al , Fi tzpatrick, Keena, Bi lo, Bradshaw, Ot i s. None. Council Member Higday. Th e Ma yo r decl red the motion ca r ried. • • • • • • Acting Ci t y Manager Waggoner p r e s e nted a Council Com- munica t i on f rom the Planning and Zoning Co mm i ssion meeting of Septembe r 9 , 19 81, cone rning aprpoval of th e final subdivision plat o f Cot tonw ood Village in th 800 block of West Quincy Ave- nue. COU NCIL MEMB ER BILO MOVED TO DI RECT THE CITY ATTORNEY TO PREPAR E AN ORDIN ANCE APPROVING THE PLAT. Co un c i l Member Keena second d th motion. Upon a c 11 of the roll, t h e vot e resulted as follows : Ayes: ay s : Ab ient: Council M mber1 N al, Fitz p t r ick , Keen , Bilo, Brad haw, Otis . No n • Co un cil M mb r Higd ay, Th e May o r d eclar d th motion c r r i e d . • • • • • • • I • • September 21, 1981 Page 5 ORDINANCE NO. 67 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RET URN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FIN AL READING. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried . ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE lX, CHAPTER 6, SECTION 35, BY ADD- ING A PROVISION REQUIR ING A DEPOSIT FEE FOR A BUSINESS THAT CON- DUCTS A "GOING-OUT-OF-BUSINESS SALE". City Attorney DeWitt recomm nded tabling Council Bill No. 76 to add r commended 1 n u ge to protect business owner • COUNCIL MEMBER NO. 76, SERIES OF 1981. the motion. Upon a call follows: KEENA MOVED TO TABLE COUNCIL BILL Council M mb r Fitzpatrick econded of th roll, the vote resulted as Aye : Council M mb ra N 1, Fitzp trick, Keen , Bilo, Br dsh w, Otis. Nays : None. • D I I • ; • September 21, 1981 Page 6 Absent: • • - Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCE- DURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR AP- PEAL THEREFROM. City Attorney DeWitt noted a correction on page 2 1-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authority". COUNCIL MEMBER BILO MOVED PASS COUNCIL BILL NO. 69, SERIES OF 1981, AS AMENDED ACCORDING TO THE CHANGE NOTED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO • • I • September 21, 1981 Page 7 • • .. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. In response to Council Member Neal's question, City Attorney DeWitt stated all terms concerning this agreement have been resolved. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw , Otis. None. Council Member Higday. The Mayo r declared the motion carried. RESOLUTION NO . 41 SERIES OF 1981 * * * * * * A RESOLUTION ESTABLISHING DATES OF SUSPENSION OF LIQUOR LICE NSE OF JOHN W'S D/B/A THE DART BOARD. COUNCIL MEMBER BRADSHAW MOV ED TO PASS RESOLUT ION NO. 41, SERIES OF 1981. Council Memb er Fitzpatrick stated this resolution was a warning to various liquor businesses that City Council will not tolerate violations of the liquor code, Council Memb er Bradshaw noted it has taken 18 months to resolve this issue with The Dart Board, Upon a call of the roll, the vote r sulted as follows : Ayes : Nays : Absent : Council M mbera Neal, Fitzpatrick, K n , Bilo , Bradsh w, Otis, Non • Council M mb r Higd y. Th May or d cl r d th motion carri d. * * * * * * • ! I • • , • September 21, 1 981 Page 8 • • • City Attorney DeWitt transmitted a Writ of Prohibition from District Court Judge Joyce s. Steinhart prohib iting Judge Louis Parkinson from di smissing "Resisting Arrest" cases. * * * * * * City Attorney DeWitt stated in t he course of construc- ting a sanitary sewer in northwest Englewood, it has been necessary to acquire c ertain right-of-ways. Mr. DeWitt stated the grant of s ewer l ine ea sement from Key Savings & Lo an was pursuant to the documen t he delivered at h study session. Mr. DeWitt asked for approval of this grant. COU NCIL MEMBER KEENA MOVED TO APPRO VE THE GRANT OF A SEWER LI NE EASEMENT FROM KEY SAVI GS & LOAN TO THE CITY OF ENGLE- WOOD. Council Member Nea l seconded the motion. Co uncil Member Neal asked if there would be a payment of money to Key Savings for the easement. City Attorne y DeWitt stated there may be a relea se of another right-of-way. Mr. DeWitt stated there was an alterna- tive of either paying pursuant to a MAl appraisa l or pursuant to release of another alternate right-of-way . Council Member Ne al asked if the propo sed alignment was consistent with the downtown developmen program. Acting City Manager Waggoner stated since it is unknown exactly what the downtown developm nt will consi st of, there will be coordination with the plan and the alignment. Also, Little Dry Creek plans were looked at to make sure that the pipe will be low enough and wid e enough to accomodate Little Dry Creek improvements. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent : Council M mbers N al, Fitzp trick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higd y. Th Mayor d clared the motion carri d. '* * * '* * • • 0 I • • • September 21, 1981 Page 9 ,. • • .. City Attorney DeWitt stated he would be out-of-town on this Thursday and Friday attending a Colorado Bar Association meet- ing. He would be contacting his secretary if there are any emer-gencies. * * * * * * Acting City Manager Waggoner presented the 1982 pro- posed Englewood Downtown Development Authority budget and cover letter from Michael K. Haviland, Executive Director. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena seconded the motion. City Attorney DeWitt stated approval of the budget would transpire at the time other City budget matters would be handled. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abs ent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayo r declared the motion carried. * * * * * * Ac ting City Manager Waggoner presented a memorandum from the Chief of Police requesting to attend an Obscenity Conference in Scottsdale, Arizona, November 30 and December 1 and 2, 1981. Mr. Waggoner stated expenses can be paid out of the existing budget. COUNCIL MEMBE R FI TZPATRICK MOVED TO APPROVE THE OUT- OF-STATE TRIP FOR THE CH IEF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo seconded the motion. Upon a c ll of the roll, the vot resulted as f ollows : Ayes : Nays : Ab nt : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradsh w, Otis. Non • Council M mb r Higday. Th Mayor d cl r d the motion carri d. * * * * * * • ) ! I • September 21, 1981 Page 10 • • • Acting City Manager Waggoner presented a Council Communi- cation from the Planning Division concerning a request for i nstalla- tion of banner across South Broadway for the "Run for Life". The request is presented by St. Anthony's Hospital from September 28th through October lOth. COU NCI L MEMB ER BRADSHAW MOVED TO APPROVE THE BANNER FOR ST. ANTHONY'S lOK RUN FOR LIFE FROM SEPTE MBER 2 8TH THROUGH OCTOBER lOTH. Council Member Fitzpatrick seconded t he motion. Council Member Neal spoke against the motion. Mr. Neal noted the discussion of having constant banners. He stated the period of time is too long for one banner. Council Member Keena noted that th e business of banners is proposed to be under the new Sign Code as an administrative ; function. • Acting City Manager Waggoner stated it was proposed to eliminate all banners with the exception of those events spon sored by city, county or school district. Council Member Bilo agreed with Mr. Neal. Mr. Bilo hop ed the proposed Sign Code would address the problem; but be- cause of the time frame, the St. Anthony's banner should be al- lowed, Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent: Council Member Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Neal. Council Member Higday. The Mayor d clar d th motion c rri d. * * * * * * Council th nked Kells W ggoner for filling in for City Manager McCown who was out-of-town this we k. * * * * * * Council M mb r Fitzpatrick w lcom d new p ople in the audi nee. * * * * * • I • • September 21, 1981 Page 11 • • • There was no further business to be discussed, * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 8 :15 p.m. • , I • • REGULAR MEETING : • • ,. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 21, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 21 , 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend William Mantei, Centennial Lutheran Church, 3959 West Belleview . The pledge of allegiance was led by Mayor Otis. Mayor Ot is asked for roll call. Upon a call of the roll, the following were present: Coun cil Members Neal , Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Abs ent: Council Member Higday . The Mayor declared a quorum present. May or Otis stated Council Member Higday was ill and was not able to attend the meeting. * * * * * * Also present were : Acting City Ma nager Waggoner City Attorney DeWitt Municipal Court Judge Parkinson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 8, 1981. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MINUTES BY ADD- ING "SITES" AFTER THE WORD "CONSTRUCTION" IN TP.E THIP.D PARAGRAPH, PAGE 6. Council M mber K en seconded the motion. Upon a call of the roll, th vote r ulted as follows: Ay s : Fitzp trick, Ke n , N ys : None. • , I • September 21, 1981 Page 2 Absent: • • - Council Member Higday. The Mayor declared the motio n carried. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MINUTES BY ADD ING THE WORD "MANNER" AFTER "WHATEVER" IN THE FOU RTH PARAGRAPH ON PAGE 4. Council Member Fitzpatri ck seconded the motion . Upon a call of the roll, the vote res ulte d a s follows : Ayes : Nays : Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradsh w, Otis . None. Council Member Higday . The Mayor declare d the motion carried . Upon a call of the ro ll , the vote on the original motion resulted as follows : Ayes : ays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higd y. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 26, 1981, AS "HUNTING AND FISHING DAY". Coun- cil Member Fitzpatrick seconded the motion. Council M mb r Ke na epok against th motion. Ma. K ena at t d she belt v d in wildlife mana em nt and cone rva- tion but had a difficult tim proclaiming eap cially for hunting and fiahin when it ie not tied to t r picture of conservation nd m nag m nt. Ayea : aya: Council M mb ra N al, Fitzp trick, Bilo, 8r dah w , Otis. Council M mb r Ke na. • I • • • • September 21, 1981 Page 3 Absent : Counc i l Member Hi gday. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visitor Walter Samuelson, 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation . He stated sportsmen furnish approximately 3/4 of the money that it used for wild game and t rees , etc. Mr. Samue l son stated it was the hope of sportsmen to educate the public as to why there i s a Hunting and F i shing Day. * * * * * * time. Mayor Oti s a sk ed i f the re any other visitors at this Acting City Manager Wag goner intr o d uced Fi re Chie f Broman wh o wa s recently employed by the City . Jam e s Broman appeared b e fore Co uncil an d ex pres s ed appre c iation for his e mplo ym ent and was looking f orward to work- ing for the City. we r e: * * * * * * There were no other visitors at this time . * * * * * * "Communications -No Action Reco11111ended" on the agend a (a) (b) (c) (d) ( ) Minutes of th Pl nning and Zoning Commission meeting of July 21, 1981. Minu t s o f th vis o ry Bo a rd m Englewood Public Libr ry Ad- ting of August 11, 1981. Minut s of th Board of Adjuatm nt and Ap- peal m eting of August 12, 1981. th D nv r R gion 1 Council of a m ting of Augua 19, 1981. Minut of th Englewood Downtown 0 v lopm nt Au hority m tin of S pt mb r 9, 1981 • • ·' I • • September 21 , 1981 Page 4 (f) (g) • • • Memo ran dum f r om the Ex ec utive Director - Hous ing to the Di r ec t o r o f Com munity De- velopmen t cone rning th Annual Mountain Pla ins Regional NAHRO Co nference. Memor andum fro the Exe c utive Director - Hous ing to the Director of Co mmunity De- velo pment cone ring the Small Cit ies Com- muni ty Deve lopmen Bloc k Grant Regulation Review Pane 1. COUNCIL MEMBER KEENA MOVED TO ACC PT "CO MMUNICATIONS - NO AC TIO N RECOMMENDED" AGENDA ITE MS SA -SG. Council Member Bilo seconded the motion. Upon a call of t h e r o ll , t he vote resulted as follows: Ayes : Nays: Absent : Council Memb e r s Neal, Fitzpatr ick, Keena, Bilo , Bradshaw, Otis. Non e. Council Member Higday. The Mayor decla red the motion carried. * * * * * * Acting City Manager Waggoner prese nted a Council Com- munication from the Plann ing and Zoning Commission meeting of September 9, 1981, concerning aprpoval of the final subdivision plat of Cottonwood Villag in the 800 block of West Quincy Ave- nue. COU NCIL MEMB ER BILO MOVED TO DI RE CT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE PLAT. Council Member Keena seconded the motion. Upo n a call o f t he roll, the vote resulted as follows : Ayes : Nays: Absent : Coun c il M mbers N al, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council M mb r Higday. The Mayor declar d th motion carri d. '* * * * * * • I • • - • September 21, 1981 Page 5 ORDINANCE NO. 67 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMB ER FIT ZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FIN AL READING . Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatri ck, Keena, Bilo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1981 COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADD- I NG A PROVISION REQUIR ING A DEPOSIT FEE FOR A BUSINESS THAT CON- DUCTS A "GOING-OUT-OF-BUSINESS SALE". City At torney D Wit No. 76 to add recomm nd d 1 n nded tabling Council Bill prot ct business owners. COUNCIL MEMBER KEENA MOVED TO TABLE COUNCIL BILL NO. 76, SERIES OF 1981. Council Member Fitzpatrick second d the motion. Upon a call of the roll, th vot resulted s follows: Aye : Nays : Non • rs N 1, Fitzpatrick, Keena, w, Otis. • I I • ; • September 21, 1981 Page 6 Absent: • • • Coun cil Memb er Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCE- DURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR AP- PEA L THEREFROM. City Attorney D Witt noted a correction on page 2 l-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authority". COUNCIL MEMBER BILO MOVED PASS COUNCIL BILL NO. 69, SERIES OF 1981, AS AMENDED ACCORDING TO THE CHANGE NOTED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the mot ion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried, ORDINANCE NO. SERIES OF 1981-- * * * * • * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO • • I . - • September 21, 1981 Page 7 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. In response to Council Member Neal's question, City Attorney DeWitt stated all terms concerning this agreement have been resolved. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. RESOLUTION NO. 41 SERIES OF 1981 * * * * * * A RESOLUTION ESTABLISHING DATES OF SUSPENSION OF LIQUOR LICENSE OF JOHN W'S D/B/A THE DART BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1981. Council Member Fitzpatrick stated this resolution was a warning to various liquor businesses that City Council will not tolerate violations of the liquor code. Council Member Bradshaw noted it has taken 18 months to resolve this issue with The Dart Board. Upon a call of th roll, the vot resulted as follows: Ayes: Nays : Absent : Council M mbers Neal, Fitzpatrick, Keen , Bilo, Br dsh w, Otis. Non • Council M mb r Higd y. The Mayor d cl r d th motion carri d. * • * * * * • ·' I • September 21, 1981 Page 8 • • • City Attorney DeWitt transmitted a Writ of Prohibition from District Court Judge Joyce s. Steinhart prohibiting Judge Louis Parkinson from dismissing "Resisting Arrest" cases. * * * * * * City Attorney DeWitt stated in the course of construc- ting a sanitary sewer in northwe st Englewood, it has been necessary to acquire certain right-of-ways. Mr. DeWitt s tated the grant of sewer line easement from Key Savings & Lo an was pursuant to the document he delivered at the study session. Mr. DeWitt asked for approval of this grant. COUNCIL MEMBER KEENA MOVED TO APPROVE THE GRANT OF A SEWER LINE EASEMENT FROM KEY SAVINGS & LOAN TO THE CITY OF ENGLE- WOOD. Council Member Neal seconded the motion. ' Council Member Neal asked if there would be a payment of money to Key Savings for the easement. • City Attorney DeWitt stated there may be a release of another right-of-way. Mr. DeWitt stated there was an alterna- tive of either paying pursuant to a MAl appraisal or pursuant to release of another alternate right-of-way. Council Member Neal asked if the proposed alignment was consistent with the downtown development program. Acting City Man ger Waggoner stated since it is unknown exactly what the downtown developm nt will consist of, there will be coordination with the plan and the alignm nt. Al o, Little Dry Creek plans were looked at to make sure that the pipe will be low enough and wide enough to accomodate Little Dry Creek improvements. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent: Council M mbers N al, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. Th Mayor declared the motion carri d. * • * * * • • I • • September 21 , 1981 Page 9 • • .. City Attorney DeW itt sta t ed he would be out-o f -town on this Thursday and Friday attending a Colorado Bar Association meet- ing. He would be contacting his se c retary if there are any emer-gencies. * * * * * * Acting City Manager Waggoner presented the 1982 pro- posed Englewood Downtown Development Authority budget and cover letter from Michael K. Hav i land , Exe c utive Director . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena seconded the motion. City Attorney DeWi tt stat ed approval of the budg e t would transpire at t h e t i me other City budg e t matte rs would be handled. Upo n a call of the roll, the vote resul ted as follo ws: Ay e s : Nays : Absent : Council Members Neal, Fit z pa trick, Keena, Bilo, Bradshaw, Otis . None . Council M mber Higday. The Mayor declared the motion carried. * * * * * • Acting City Manag er Waggon r presented a memor ndum from the Ch ief of Police requesting to attend an Obscenity Conference in Sc o tt sd ale, Arizona, Novemb er 30 and December 1 and 2, 1981. Mr. Wa ggoner stated expens es can b paid out of the existing budget. COUNCIL MEMB ER FITZP ATRI CK MOVED TO APPROVE THE OUT- OF-STATE TRIP FOR THE CHIEF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo seconded th motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abs nt : Council Memb ers Neal , Fitzpatrick, Ke na, Bilo, Brad haw, Otis. Non e . Council M mb r Higday. The Mayor d cl r d th motion carri d, • * * • • • • D I I • • September 21, 1981 Page 10 • • • Acting City Man ager Waggoner presented a Counci l Co mmun i - cation from the Planning Division concerning a reque s t f or i ns t alla - tion of banner across South Broadway for the "Run for Li fe ". The request is presented by St. Anthony's Hospital from Sep tember 28 t h through October lOth, COUNCIL MEMBER BRADS HAW MOVED TO APPR OVE THE BANNER FOR ST . ANTHONY'S lOK RUN FOR LIFE FROM SE PTEMBER 28TH THROUGH OCTOBER lOTH. Council Member Fitzpatrick seconded the motion . Council Member Neal spoke against the motion . Mr. Neal noted the discussion of having constant banners . He state d the period of time is too long for one banner. Council Member Keena noted that the business of b anne rs is proposed to be under the new Sign Code as an administrative i function. • Acting City Manager Waggoner stated it was proposed to eliminate all banners with the exception of those events sponsored by city, county or school district. Council Member Bllo agreed with Mr. Neal. Mr. Bilo hoped the proposed Sign Code would addres s the problem; but be- cause of the time frame, the St. Anthony' banner should be al- lowed. Upon a call o the roll, the vot resulted as follo ws: Ayes : Council Member Fitzpatrick, Keena, Bilo, Brad haw, Otis. Nays : Council Member Neal. Absent : Council Member Higday. The Mayor d clared th motion carried. * * * * * * Council thanked Kells Waggoner for filling in for City Manager McCown who w s out-of-town this week. * * * * * * Council M mber Fitzp trick welcom d n w people in th audi nee. * * * * * * • I • • • • • '. • September 21, 1981 Page 11 There was no further business to be discussed. * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. 8:15 p.m. Mayor Otis adjourned the meeting without a vote at • I I • • REGULAR MEETING : • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORA DO September 21 , 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 21 , 1981 , at 7 :30 p.m. Mayor Otis , presiding, called the meeting to order. The invocation was given by Reverend William Mant ei , Centennial Lutheran Church, 3959 West Belleview. The pledge of allegiance wa s led by Mayor Otis. Mayor Ot is asked for roll call . Upon a call of the roll, the following were present: Counc il Members Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : Council Member Higday . The Ma yor declared a quorum pres ent. May or Otis stated Council Member Higday wa s ill and was not able to attend the me ting . * * * * * * Also present w r~: Acting City Ma nager Waggoner City Attorney DeWitt Municipal Court Judg Parkinson Deputy City Clerk Watkins 1<' * * * * * COUNCIL MEMBrR BRADSHAW MOVED TO APPROV E THE MINUTES OF THE REG ULAR MEETING 0 SEPTEMBER 8, 1981. Council Member Fitzpatri ck s conded t h ffiOtion. COUNCIL ME F.R EAL MOVED TO AMEND THE MINUTES BY ADD- ING "SITES" AFTER THE ORO "CONST UCTION" IN TP.E T~IrJ) PARAGRAPH, PAGE 6. Council M mber K ena second d the motion. Upon call of the roll, th vot result d as follows: Ay N ys : Council Member N 1, Fitzp trick, K en , Bilo, Br dsh w, Otis. Non • • , I • • i September 21, 1981 Page 2 Absent: • • - Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MINUTES BY ADDING THE WORD "MANNER" AFT ER "WHATEVER" IN THE FOURTH PARAGRAPH ON PAGE 4. Council Member Fitzpatri ck seconded the motion. Upon a call of the roll, the vote r esulted as follo ws : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradsha w, Otis . No ne. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw , Otis. Nays : None . Absent : Council Member Higday . The Mayor declared the roo ion c rried. * * * * * * COUNCIL MEMB ER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SEPTE MBER 26, 1981, AS "HUNTING AND FISHI NG DAY". Coun- cil Member Fitzpatrick seconded the motion. Council Member Keena spoke against the motion. Ms. Keena stat d she believed in wildlife management and conserva- tion but had a difficult tim procl iming a day especially for hunting and fishing wh en it is not tied to a greater picture of conservation and management. Ayes : Nays : Council Members Neal, Fitzpatrick, Bilo, Bradshaw , Otis. Council Member Keena. • I • • • • • • September 21, 1981 Page 3 Absent : Council Member Higday. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visitor Walter Samuelson, 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation. He stated sportsmen furnish a pp rox imately 3/4 of the money that it used for wild game and trees, etc. Mr. Samuelson stated it was the hope of sportsmen to educate the public as to why there is a Hunting and Fishing Day. * * * * * * time. Mayor Otis asked if there any other visitors at this Acting City Manager Waggoner introduced Fire Chief Broman who was recently em ployed by the City. James Broman appeared before Council and expressed appreciation for his employment and was looking forward to work-ing for the City. were: * * * * * * There wer e n other visitor s at this time. * * * * * * "Commun ica t ions -No Action Recommen ded " on the agenda (a) (b) (c) (d) (e) Mi nutes of the Planning and Zoning Commission mee ting of July 21, 1981. Minute of the Englewood Publi c Library Ad- vi ory Board meet ing of Augu t 11, 1981. Min e peals m of th Board of Adjustment and Ap- ting of August 12, 1981. Mlnut s o th Denv r Regional Council of Gov rnments meeting of August 19, 1981. Min u es of the Englewood Downtown Development Authority meeting of Septemb r 9, 1981 • • I • I • September 21, 1981 Page 4 (f) (g) • • • Mem orandum from the Executive Director - Housing to the Director of Community De- velopment concerning the An n ual Mountain Pl ains Regional NAH RO Conference . Mem o randum from the Executive Director - Hous ing to the Directo r of Community De- velo pment concering the Small Cities Co m- mu nity De velopment Block Grant Regulation Re view Panel. COUNCIL MEMB ER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACT IO N RECOMMENDED " AGENDA ITEMS SA -SG. Council Member Bilo seconded t he motion. Upon a call of the roll, the vote resulted as f ollows : Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. Abs ent: Council Member Higday. The Mayor declared the motion carr ied. * * * * * * Acting City Manager Waggoner presented a Co uncil Com- munic tion from the Planni ng and Zoning Commission meeting of September 9, 1981, concerning aprpoval of the final subdivision plat of Co ttonwoo d Village in the 800 block of West Quincy Ave- nue. COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE PLAT. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * • I • • • September 21, 1981 Page 5 ORDINANCE NO. 6 7 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO . 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1 981 , ON FI NAL READING. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried, ORDINANC E NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINAN CE AMENDING TITLE IX, CHAPTE R 6, SECTION 35, BY ADD- ING A PROVISION REQUIR ING A DEPOSIT FEE FOR A BUSINESS THAT CO N- DUCTS A "GOING-OUT-OF-BUSINESS SALE", City Attorney DeWit recommend d tabling Council Bill No. 76 to add r commend d language to prot ct business owners. COUNCIL MEMBER K~ENA MOVED TO TABLE COUNCIL BILL NO. 76, SERIES OF 1981. Council Member Fitzpatrick econded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council M mbers Ne 1, Fitzpatrick, Keen , Bilo, Br dshaw, Oti • None. • D , I • ; • September 21, 1981 Page 6 Absent: • • • Council Member Higday. The Mayor declared the motion carried . ORDINANCE NO. SERIES OF 1981 * * * * * * BY AU THORITY A BILL FOR COUNCIL BILL NO. 69 INT RODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCE- DURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR AP- PEAL THEREFROM. City Attorney DeWitt noted a correction on page 2 1-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authority". COUNCIL MEMBER BILO MOVED PASS COUNCIL BILL NO. 69, SERIES OF 1981, AS AMENDED ACCORDING TO THE CHANGE NOTED BY THE CITY ATTORNEY. Council Membe r Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO • • I • • • September 21, 1981 Page 7 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. In response to Council Member Neal's question, City Attorney DeWitt stated all terms concerning this agreement have been resolved. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried, RESOLUTION NO. 41 SERIES OF 1981 * * * * * * A RESOLUTION ESTABLISHING DATES OF SUSPENSION OF LIQUOR LICENSE OF JOHN W'S D/B/A THE DART BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RE SOLUTION NO. 41, SERIES OF 1981. Council Membe r Fitzpatrick stated this resolution was a warning to various liquor busines ses that City Council will not tolerate violations of the liquor code. Council Member Bradshaw noted it has taken 18 months to resolve this issue with Th Dart Board. Upon a call of the roll, the vote resulted s follows . Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis, None. Council M rob r Higday, The Mayor declared th motion carried. * • • * • * • , I • September 21, 19 8 1 Pa ge 8 .. • • .. City Attorney DeWitt transmitted a Writ of Prohibition from District Cou r t Judge Joyce S. Steinhart prohibi ting Judge Louis Parkinson from dismissing "Resisting Arrest'' cases . * * * * * * City Attorney DeWitt stated in the course of construc- ting a sanitary sewer in northw est Englewood, it has been necessary to acquire certain right-of-ways. Mr. DeWitt stated the grant o f sewer line ea sement from Key Savings & Loan was pursuant to the document he delivered at the study session. Mr. DeWitt asked for a pproval of this grant . COUNCIL MEMBER KEENA MOVED TO APPROVE THE GRANT OF A SEW ER LI NE EASEMENT FROM KEY SAVINGS & LOAN TO THE CITY OF ENGLE- WOOD. Council Member Nea l seconded the motion. ' Council Member Neal asked if there would be a payment of money to Key Savings for the easement. • City Attorney DeWitt stated there may be a release of another right-of-way. Mr. DeWitt stated there was an alterna - tive of either paying pursuant to a MAl appraisal or pursuant to release of another alternate right-of-way . Council Memb er Neal asked if the proposed alignment was consistent with the downtown development program. Acting City Manager Waggoner stated since it is unknown exactly what the downtown developm nt will consist of, there will be coordination wi th th pl n and the alignm nt. Also, Little Dry Creek plans were looked at to make sure that the p ip e will be low enough and wide enough to accomodate Little Dry Creek improvements. Upon a call of the roll, the vote resulted s follows : Ayes : Nays: Abs nt : Council Members Neal, Fitzpatrick, Keena, Bilo, Br dshaw, Otis. None. Council Member Higday. Th Mayor declared the motion carried. * * * * * * I • September 21, 1981 Page 9 • • • City Attorney DeWitt stated he would be out-of-town on this Thursday and Friday attending a Colorado Bar Association meet- ing. He would be contacting his secretary if there are any emer- gencies. * * * * * * Acting City Manager Waggoner presented the 1982 pro- posed Englewood Downtown Development Authority budget and cover letter from Michael K. Haviland, Executive Director. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena seconded the motion. City Attorney DeWitt stated approval of the budget would transpire at the time other City budget matters would be handled . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Acting City Manag r aggon r presented a memor ndum from the Chief of Police requesting o attend an Obscenity Conference in Scottsdale, Arizona, November 30 and December l and 2, 1981. Mr. Waggoner stated expense can b paid out of the xisting budget. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE OUT- OF-STATE TRIP FOR THE CHIEF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo seconded the motion . Upon a c 11 of he roll, the vote resulted s follows: Ayes : Council Members Neal, Fitzpatrick, Ke na, Bilo, Br d h w, Otis. Nays : None. Absent : Council M mb r Higday. Th Mayor d clar d the mo ion c rri d. * * * * • * • 0 , I • • September 21, 1981 Pag e 10 • • - Act in g City Manag er Wa ggoner presented a Council Communi- cation from the Planning Division concerning a reque st for installa- tion of banner across South Broadway for the "Run for Life". The request is presented by St. Anthony's Hospital fro m September 28th through October lOth. COUNCIL MEMBER BRAD SHAW MOVED TO APPROVE THE BANNER FOR ST. ANTHONY'S lOK RUN FOR LIFE FROM SEPT EMBER 28TH THROUGH OCTOBER lOTH. Council Member Fitzpatr ick seconded t he motion. Council Memb er Neal spoke gainst the motion. Mr. Neal not ed the dis c ussion of having constant banners . He stated the period of time is too long for one banner . Council Member Keena noted that the business of banners is proposed to be under the new Sign Co de as an administrative function. Acting City Man ager Wa ggone r stated it was proposed to eliminate all banners with the excep tion of those events spon sored by city, coun ty or s chool district. Council Member Bilo agreed with Mr. Neal. Mr. Bilo hoped the proposed Sign Code would addres s the problem; but be- cause of the time frame, the St. Anthony's banner should be al- lowed. Upon a call of the roll, the vote re sulted as follows : Ayes : Nays : Absent : Co unci l Members Fitzpatrick, Keena, Bilo, Bradshaw, Oti s. Council Member Neal. Council Member Higday. Th Mayor d clar d th motion carried. * * * * * • Council thanked Kells Waggoner for filling in for City Manager McCown wh o w s out-of-town this week. • • • * • Council Memb r Fitzpatrick w lcom d new p opl in the audi nc . • • • * * * • I • • - • • • • • September 21, 1981 Page 11 There was no further business to be discussed. * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. 8:15 p.m. Mayor Otis adjourned the meeting without a vote at • , I • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bllo Bradshaw Otis GJ..h J._ r; __A d_~l ~ ~ ~ 4 c~ /J jiLa U<.' j ~~ ~fh '(t_ ~ j f ~UA) fo 7;_ LcL .Jo ~l~ I . • • • - • • I • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi~day Neal v Fitzpatrick Keena Bi lo ,.....-Bradshaw Otis //L I . • • • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain HiQdav ~ Neal Fitzpatrick y-Keena Bi lo Bradshaw OtiS ,, ,, J{ I . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain H ig_day_ ....-- Neal I v Fitzpatrick I Keena I Bi lo I ,_....-Bradshaw t Otis '\ I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiBday v Neal \ Fitzpatrick I Keena I Bi lo I Bradshaw I Otis \ " I • • • • • • • ROLL CALL Moved Seconded Aye Nay Ab sent Ab stain HiQday Neal .... Fitzpatrick Keena Bi lo v-Bradshaw Otis 7(~ I' I • • • • - • • ROLL CALL Moved Seconded Aye Nay Ab sent Abstain Higday Neal t-- Fitzpatrick ...- Keena 1.-- Bi lo 1.--- Bradshaw ~ Oti s ......-- ;~~ /n1 ~/YYl.U_d'-lHu -H1 o ')1 !ul (:_ l{ 'L r ,4»--ffi -t /1{0dL/v ~M :tn; t/Y"fi" ":f I . • • • - • ,. • ROLL CALL Moved Seconded Aye N ay Ab sent Abstain Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain HiQday c- Neal \ Fitzpatrick I J-Keena I v-Bi lo I Bradshaw t Otis ' I • • • • • - • • Moved Seconded A ye N ay Absent Abstain Hiqdav (./ Neal Fitzpatrick y--Keena I.--Bi lo Bradshaw Otis \ I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav ~ Neal 1 v Fitzpatrick Keena v Bi lo Bradshaw Otis I • • • • • - • • I . • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQday ~ Neal I Fitzpatrick Keena v---Bi lo Bradshaw Otis I • • • • • • • I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQdav v Neal I Fitzpatrick I Keena Bile Bradshaw OtiS I • • • - Moved Seconded v ~ • ' . • • ROLL CALL Higday Heal Fitzpatrick Keena Bi lo Bradshaw Otis Aye Hay Absent ~ -----/v ·zJ • Abstain I . • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday_ ~ Neal 1 Fitzpatrick Keena Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hfq-dav Neal Fitzoatrick Keena 8110 Bradshaw Otis I . • • • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain Hf"odav .:...-Neal Fitzpatrick ,___. Keena Bi lo Bradshaw Otis • -~- I . • • • • - • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav (.....--" Neal l Fitzpatrick I Keena Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded A ye N ay Absent Abstain Hi oday- Neal Fitzpatrick Keena Bi lo Brad sh aw Otis JL a ::t-~ cruk ~ -c~lA~ ~ /7;cvJ c ~ VJ ry ~ 'l-V J;U .< !\ ___-----: jfLd ~W; C .f'Yl L ~ /YU) I . • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav L--- Neal I Fitzpatri ck y Keena Bi lo v-Bradshaw Otis I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday L.--' Neal I v Fitzpatrick I Keena I .---Bi lo Bradshaw Otis 0 I • • • • • - • • Moved s econded Aye Nay Absent Abstain c I I I Hioday - 1-- I Neal i-- v-Fitzpatrick- I T I Keena - I Bi lo I - - - ---1 --,__.-I -{ Bradshaw Otis -J __l_ I /cJ-I 0 -- I • • • • • ROLL CALL Moved Se c onded Aye Na y Ab sent bstain A HiQday ~----- Neal ~ Fitzpatrick I Keena I Bi lo Bradshaw I Otis I (!_ 111 .r A'~f t-fj' p1..('/v " j 0 ') 7 ( ~ ll. G f I • • • 7:30 P.M. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 21, 1981 /Cj~ . / ~ Call to order, 1nvocation by Reverend William Mantei, Centennial Lutheran Church, 3595 West Belleview, pledge of allegiance by Boy Scout Troop #92 and roll call. '(J_iJJ Minutes. Minutes of the regular meeting of September 8 , 1981. (Copies enclosed .) 2. Pre-Scheduled Visitors . (Please limit your pre- sentation to 10 minutes .) 3. (a) Mr. Walter Samuelson, 3855 South Lincoln Street, will be present to accept a proclamation pro- claiming September 26, 1981 as Hunting and Fishing Day. (Copies enclosed.) Other Visit rs. (Pl~ase limit 5 mintues.) 'YY\J. IP-cYYl , resentation to -.L-t..<.-W.JJ 4 . Public Hearing. 5. Communications -No Action Recommended. (a) Minutes of the Planning and Zoning Commission meeting of J uly 21 , 1981 . (Copies enclosed.) (b) Minutes of the Englewood Public Library Advisory Board meeting of August 11, 1981. (Copies enclosed .) (c) Minutes of the Board of Adjustment and Appeals meting of August 12, 1981 . (Copies enclosed.) (d) Minut s of the Denver Regional Council of Gov rnm nts meeting of August 19, 1981. (Copies nclosed .) • 0 I • • • • - Page 2 September 21, 1981 Agenda 5 . Communications-No Action Recommended (Continued). (e) Minutes of the Englewood Downtown Development Authority meeting of September 9, 1981. (Copies enclosed.) (f) Memorandum from the Executive Director -Housing to the Director of Community Development con- cerning the Annual Mountain Plains Regional NAHRO Conference. (Copies enclosed.) (g) Memorandum from the Executive Director -Housing to the Director of Community Development con- cerning the Small Cities Community Development Block Grant Regulation Review Panel. (Copies enclosed .) 6. Communications -Action Recommended. Council Communication from the Planning and Zoning Commission meeting of September 9, 1981 concerning approval of the final subdivision plat of Cottonwood Village in the 800 block of West Quincy Avenue. (Copies enclosed.) 7. City Attorney . Ordinances on Final Reading. (a) --tf &'1 Ordinance approving the transfer of real property to the Writer Corporation in return for real property in order to sim~lify the property line betw n two parties ownership. (Copies enclos d.) (b) Ordinanc m nding Title IX, Chapter 6, Section I 35, by adding a provision requiring a deposit fee 0 ........... -.... ~ for a busin ss that conducts "Going Out Of Business Sale." (Ordin nc and Council Communication enc.losed .) Bills for Ordin nces. Bill m nding Title I, Chapt r 7, of the 1969 Englewood Municipal Code, as amend d, relating to rul s of procedur b fore hearing bodies of th City nd providing for appeal therefrom . (Copie nclosed.) Bill approving an m nt with South Arapahoe S nit tion District nd Southga e Sanitation Dis rict cone rning c rtain r al property own d by th City of Englewood, Color do. (Copi a nclos d . • 0 I • - • • • • Page 3 Se ptember 2 1 , 1981 Agenda 7. Ci ty At t orney (Con t inued). '12J~\ Resolution . (e) Resolution establishing dates of suspension of Liquor License of John W's d/b/a The Dart Board . (Copies enclosed.) Other Matters. y ~~~(f) Writ of prohibition prohibiting Judge Louis Parkinson from dismissing "Res i sting Arrest" cases . (Copies enclosed.) (g) Attorney's Choice.-_.LO-Q/1 .ltJ2-.. ll ~ 8. City Manager . 9 . 10 . (a) (b) (c) Letter from Mr . Michae l K. Haviland, Executive Director of EDDA, to the Ci t y Manager concerning the 1 982 proposed EDDA budget. (Copies enclosed .) Memorandum from the Chief of Police to the Ci t y Mana~er concerning a request to attend an Ob s cenLty Conference in Scottsdale , AZ. (Copies e nclo sed .) Manage r's Ch o ic e . .l"ll.. ~ Ml-.xft a;;:i£w uj f n-~ '/) tLff'u ~ ~ Ge ne r al Discussion . ~ 1P (a ) Ma yor 's Choice.,. "Zl a~~6 .<!.,._ ~ C /)1-t-Jt CI\ (b) Council Member's Choice. ~ -!f.t i ~..-v 10 u.....J 1 u., : A. tl~ "'-~ Adjournment . .., ~~ Ct 7fU /) ~ ~ {/JLJit f};~ t< ,., \ ANDY t~oWN Cit Manager AM /sb 0 I • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 8, 1981 fo/ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 8, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge o f allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also presen t wer e: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 17. 1981 . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Aye : Nays : Coun c il M mbers Higday, Neal, Fitzpatrick, Keen , Silo, Br dsh w, Otis. None. The Mayor d cl r d th motion c rried. * * * * * • Pr -scheduled vi itor J m a Taylor, 3709 South Sherman, was pr sent. Mr. T ylo r diacu a d two kinds of tr problems that xist in th City. On wa th in eta d troying th Chinese Elms and th a cond w a th Tuaso k Moth which was d atroying Ever reena. 0 I • , < • • • • September 8, 1981 Page 2 Mr. Taylor stated the problem was worse on rental properties because the absentee owner will not take care of the trees. Mr. Taylor asked Council to consider a tree care program to remove tree limbs from the sidewalk to the curb, to subsidize the expense of caring for trees for people on fixed income, or to hire a forester who would exam the trees and enforce a program whereby citizens would have to take care of their trees or be fined or assessed a cost if the City would have to come in and take care of them. Council asked that the problem be discussed further at the retreat on the 1982 budget. * * * * * * Mayor Otis asked if there were any other visitors in the audience. Bob Brundage, 4140 South Huron, appeared before Council. Mr. Brundage stated he agreed with Mr. Taylor on the tree problem. Mr. Brundage stated another kind of problem existed with dips on Elati and Jefferson Streets. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin stated he agreed with Mr. Taylor. He stat- ed he takes care of the trees on his property but was surround- ed by properties wher e trees are not cared for and sprayed. Mr. Merlin suggested that the City help the citizen who cares for his property. wer * * * * * * There we re no other visitors at this time. * * * * * * "Communications -No Action Re commended" on the agenda (a) (b) (c) (d) Minut a of th Board of Career-Service Com- mi sion r m etings of May 28, June 18, July 15, and July 16, 1981. Minute o th Governm n • m Denver Regional Council of ting of July 15, 1981. Minut a o th Housing Authority m ting of July 29, 1981. Mtnut • o 111 in o th Downtown D velopment Authority July 29, 1981. • 0 I • September 8, 1981 Page 3 (e) (f) • • • Minutes of the Parks and Recreation Commission meeting of August 13, 1981. Municipal Court Activity Report for the month of July, 1981. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(F). Council Member Keena seconded the motion. Council Member Keena noted under S(e), the recommenda- tion from the Commission was only accepted. 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. * * * * * * Mayor Ot i s present ed a l e tter from Mr. Werner Schnackenberg concerning his resignation from the Wate r and Sewer Board. COUNCIL MEMBER NEAL MOVED TO ACCEPT MR. SCHNACKENBERG'S RESIGNATION AND TO SEND HI M A LETTER OF APPRECIATION FOR HIS SER- VICE. Counc i l Memb e r Bi lo seconded the motion. Upon a call of the rol l, the vot e re sult e d as follows: Aye : Nays : Council Mem be rs Hi gday , Nea l . Fitzpatrick, Keen a , Bilo, Bradshaw , Otis. Non . Th Mayor declar d th e motion carried . Council instructed the City Ma na ger to n o t i fy citizens who se letters sr on file and intere t ed i n t he Water and Sewer Boa r d of this v caney ; and lso, instruc t ed the City Manager to adver t i ze th vacancy . * * * * * * Mayor Ot is pr s nt d le tt er from Mr. H rt D. Gilchrist con e rning his r signa ion from t h Urba n Renewa l Authority • • I • • - ( • September 8, 1981 Page 4 • • • COUNCIL MEMBER KEENA MOVED TO ACCEPT MR. GILCHRIST'S RESIGNATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SERVICE. Council Member Bradshaw 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. * * * * * * Mayor Otis presented the minutes of the special Library Board meeting of September 1, 1981, concerning a recommendation re- lating to the Denver Public Library. COUNCIL MEMBER FITZPATRIC K MOVED TO RECEIVE THE RECOM- MENDATION. Council Member Bradshaw 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. Council Memb r Bradshaw asked that the Library Board be informed of Council's receipt of the recommendation and that Council will offer to h lp the Englewood Library in whatever it could. ORDINANCE NO. 66 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 72 INTRODUCED.BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONT RACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNI NG MAINTENANCE OF TRAFFIC CO NTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. • I • • • September 8, 1981 Page 5 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMB ER NEAL AN ORDINANCE REP EALI NG SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4 , TITLE IX, EN GLEWOOD MUNI CI PAL CODE OF '69, AS AMENDED, CON-CERNING FOOD DEALERS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BI LL NO. 71, SERIES OF 1981, ON FIRST READING . Council Member Higd4y seconded the motion. Council Member N al spoke in favor of the bill in that he saw no reason to disallow ice cream trucks . Council Member Fitzpatrick spoke in opposition. Mr. Fitzpatrick stat d a noise factor was involved . Council Memb r Higday spoke in favor. He stated the trucks add anoth r dim nsion to r aidential activity: Council M mb r Bilo opposed th bill. Mr. Bilo stated he felt the City did no n d the d d noise or possible injury to childr n. Upon c 11 0 the roll, the vote resulted aa follows: Ay a: Council M mb ra Higd y. Neal, Ke na. Nay : Co neil M mb ra Fitzp trick, Bilo , Brad•haw, tis. • I • • • • • - September 8, 1981 Page 6 The Mayor declared the motion defeated. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1981 COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO A BIL L FOR AN ORDINANCE AMENDING TITLE IX , CHAPTER 4 , SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUSTRIAL ES- TABLISHMENTS ON PUBLIC RIGHT-OF -WAY. COUN CIL MEMB ER BI LO MOV ED TO PASS COUN CIL BIL L NO. 77, SERIES OF 19 81 , ON FI RS T READIN G. Council Me mb e r Fitzpatrick se con de d t he mot i on. AD DI G "CO Upon a t i on r COUN CI L MEMBER NEAL MOVED TO AM END THE MOTIO N BY I N SECTI.O N 9-4-3 , 2) THE WOR DS "CO ST UCTI O , " AFTER CI AL". Co uncil Member Hi gd ay cond d th motion. call of th e rol l , the v ote r aul ed a follows : Ayes : Coun ci l Mem b e rs Hi day, at, Fit zpatrick, Ke ena , Bilo, Brad a . 0 is. ay Non e. The Hay or de cl r e d t he motion carr d. Upon suited as Ayes : ays : call of the roll, th vot on the ori g i na l 110-follow ; Council M mber H gday, at, Fit z pa t ri c k, K n , Bilo, Br dah w, Otis . on • Th Mayor declar d th motion c rri d . '* * * * * * BY AUTHORIT Y ORD I NAN CE NO, SER IES OF 19 l COUN CIL BILL NO. 76 I NTROD UCE D BY COUNCIL MEMB ER BILO • I . - • September 8, 1 98 1 Page 7 • • • A BI LL FOR AN ORDINANCE AM ENDING TITLE IX, CHAPTE R 6 , SE CTIO N 35, BY ADDING A PROVISI ON REQUIRING A DEPOSIT FEE FOR A BUSI NES S THAT CONDUCTS A "GOING -OUT-O F-BUSINESS SALE". COU NCIL MEMBE R BILO MOVED TO PAS S COUNCIL BILL NO. 76, SERIES OF 1 98 1, ON FI RST READIN G. Council Member Fitzpatrick seconded the motion . Discussed ensued on the int e n t of the bi ll. City At- torney DeWitt stated the bill would prov i de for a review of sales and bring a business up to current t ax payments due. Upon a call of the roll , t he vote r esulted as follows : Ayes : Nays : Council Members Higday, Fitzpatrick , Bi lo, Otis. Council Members Neal, Keena, Brad shaw. The Mayor declared the motion carried. ORD I NAN CE NO . SE RIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 74 INTRODUCED BY COUNC IL MEMBER NEAL AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR, COUNCIL SERIES OF 1981, 0 onded the motio n. EMBER NEAL MOV ED TO PASS COUNCIL ~ILL NO. 74, FIRST READING. Council Memb r Higday sec- Di cus d n u d cone rning int rpretation and enforce- ment of certain provision . COUNCIL MEMBER HIGDAY MOVED TO TABLE COU NCIL BILL NO. 74, SERI .s OF 981. Cou ncil M mber Br dahaw econd d the motion • • I • • September 8, 1981 Page 8 • • • Council Member Keena asked that the topic of cutting weeds on an on-going basis be discussed at the same study session as Council Bill No. 74. City Manager McCown stated there could be some legal problems in due process of law for perpetual cutting of weeds. Assistant City Manager Wanush stated the process might be expedited by administrative policy. Upon a call of t he ro ll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried, ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RE TURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconde d the motion. Upon a call of the roll, the vote resulted as follows : Ayes · N ys . Council M mb rs Higd y, Neal, Fitzpatrick, eena, Bilo, Bradshaw, Otis. Non • Th Mayor d cl red the motion carried . * * * * * * Ci y At torney D Witt tranamitt d a report on th Dart Board. Mr. D Wit at t d th Court uph ld th City Council's d - ciaion to auap nd h D rt Board. Mr. D Witt suggest d that Coun- cil revi w ita opinion in his matt r and conaid r th appropriate • I • • - - • September 8, 1981 Page 9 • • • days The Dart Board will serve it s penalty. Mr. DeWitt suggested delaying at least fifteen days to see if the Dart Board would ap- peal the decision. COUNCIL MEMBER NEAL MOVED TO TABLE THE DART BOARD MAT- TER. Counci l Member Higday seconded the motion. Upon a call of the roll , t he vote result ed as follows : Ayes : Nays : Council Mem bers Higday , Neal , Fitzpatrick, Keena , Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWi t t t ransmitted a report on the matter of Colorado Springs vs. Water Qua l ity Control Commission, City, et al. Mr. DeWitt stated he would keep Council advised of any steps Colorado Springs takes in this matter. * * * * * * City Attorney De Wi t t p resen ted a Notice of Termina- tion of Enc roa chmen t . Mr. DeW i t t reque ted that Council accept the noti c e of this termination of an encroachment by a land owner to clear t he title so that t he prop erty c ould be sold. COUNCIL ME MB ER KEEN A MOV ED TO APPROVE THE NOTICE OF TERMINATION 0 ENC ROACHMENT DATED SEPTE MB ER 2, 1981. Council Member Bilo seconded th motion . Up on a c 11 of the roll, the vote r e s ulted as follows : Ayes : Nays : Co un c il Me bers Higday, Neal, Fi tzpatrick, K na, Bilo, Brad h a w, Oti s. Non The Mayor d cl red the motion carried . * * * * * City Attorn y DeWitt stat d 7-l-7 dea ling wi th admini- strativ proc dur s is b ing pr par d with propo sed c hang s and he would pres nt h e n w s ction at th n x r g u l r Council me ting. • * * • • I • • • September 8, 1981 Page 10 • • • City Manager McCown presented a Council Communication from the Department of Engineering Services concerning the award of construction contract for Overlay Program 1981. Hr. McCown recommended the award of bid go to Titan Sand & Gravel, Inc.; and also, if there are additional funds available, that staff be allowed to negotiate with Titan Sand & Gravel, Inc. for addi- tional wo rk. COUNCIL MEMB ER FITZPATRICK MOVED TO AWARD THE BID FOR $165,950.15 TO TITAN SAND & GRAVEL, INC.; AND TO AUTHORIZE THE CITY MANAGER TO EGOTIATE ITH TITAN SAND & GRAVEL, INC. TO OVERLAY THE ADDITIONA L STREETS . Council Member Bilo 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 e. The Mayor declar ed the motion carried. * * * * * * City Manager McCown transmitted the proposed 1982 budget. COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED 1982 BUDGET FOR MONDAY, SEPTEMBER 28, 1981, AT 7:00 P.M. Council Memb er Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: ays : Council Members Higday, Neal, Fitzpatrick, K ena, Bilo, Bradshaw, Otis. None. Th Mayor d clared th motion ca rried. OUNClL THE PROPOSED U ES DAY, S P F.. H 28, ond d th ion. followa Ay * "' * * * * EMBER SILO MO 'ED TO SET THE PUBLIC HEARING ON OR l 2 GE ERAL REVENUE SHARING FUNDS FOR MON- 1981, AT 7 ·00 P.M. Council M mber Keena sec- Upon a call of th roll, th vote resulted as Council M ber Higday, N al, Fitzpatrick, n , Bilo, Br dahaw, 0 ia . • I • • • • • • September 8, 1981 Page ll Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER RIGDAY MOVED TO AUTHORIZE $1,500 IN SUP- PLEMENTAL FUNDS TO THE ARAPAHOE ROUSE FOR 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: 9 :15 p.m. Ay es : Nays: Council Members Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • . ' I • • • • • • P R 0 C L A M A T I \'l HEREAS, our nation's wildlife an e njoy ed by countless Americans each ye a WHEREAS, at the turn of the centur Am erica's wildlife faced a bleak and u ma ke certain that future generations c h unter s and fishermen helped found the and WHEREAS, due to wildlife managemen programs, financed largely by sportsmen licen se fees, special taxes and private wild life has staged a dramatic comebac k NOW, THEREFORE, I, EUGENE L. OTIS, Englewood, Colorado, would like to comm con servationists on this lOth annivers a and Fishing Day and proclaim Saturday, HUNTING AND FISHING in the City of Englewood and call upon with sportsmen-conservationists in the j wise use and proper management of our benefit future generations. GIVEN under my hand and seal this 1981 . N n atural resources are and , many species of rta~n future. To l d enjoy wildlife, o nservation movement; and habitat restoration s contributions through c ontributions, America's Mayor of the City of nd all sportsmen- Y of National Hunting e ptember 26, 1981, as AY 1 1 our citizens to join efforts to ensure the t ural resources to l st day of September, • I • • - • • • .. - P R 0 C L A M A T I N WHEREAS, our nation's wildlife ana n atural resources are e njoy ed by countless Americans each ye ~ and WHEREAS, at the turn of the centu1 Am erica's wildlife faced a bleak and u ma ke certain that future generations c o h unters and fishermen helped found the a nd WHEREAS, due to wildlife manageme p rograms, financed largely by sportsmen license fees, special taxes and privat wi ldlife has staged a dramatic comeback NOW, THEREFORE, I, EUGENE L. OTIS , Eng lewood, Colorado, would like to comn conse rvationists on this lOth anniversa and Fishing Day and proclaim Saturday, HUNTING AND FISHING in th e City of Englewood and call upon wit h sportsmen-conservationists in the ] wi se use and proper management of our n benef it future generations. GIVE N under my hand and seal this 1981 . , many species of rtain future. To l d enjoy wildlife, o nservation movement; and habitat restoration s contributions through c ontributions, America's Mayor of the City of n d all sportsmen- y of National Hunting e ptember 26, 1981, as y 1 1 our citizens to join efforts to ensure the t ural resources to 1s t day of September, Mayor • I . • • • - P R 0 C L A M A T I ivHE REAS, our nation's wildlife ana en joyed by countless Americans each ye ~ WHEREAS, at the turn of the centur Ame rica 's wildli fe faced a bleak and u ma ke certain that future generations c hunte rs and fishermen helped found the and WHEREAS, due to wildlife manageme n programs, financed largely by sportsmen license fees , special taxes and privat wil dlife has staged a dramatic comebac k NOW, THEREFORE, I, EUGENE L. OTIS, Englewood, Colorado, would like to comn conse rvationists on this lOth anniversa and Fishing Day and proclaim Saturday, HUNTING AND FISHING in t he City of Englewood and call upon with sportsmen-conservation ists in the j wise use and proper management of our n benefit future generations. GIVE N under my hand and se 1 this 1 81. N n atural resources are and , many species of e rtain f uture . To l d enjoy wildlife, nservation movement; and habitat restoration s contributions through c ontributions, America's Mayor of the City of n d all sportsmen- Y of National Hunting e ptember 26, 1981, as y 1 1 our citizens to join efforts to ensure the t ural resources to l st day of September, • I . • • - P R 0 C L A M A T I WHEREAS , our nation's wildlife an enjoye d by countle ss Americans each ye <• WHEREAS, at the turn of the centu:t Ame rica's wildlife faced a bleak and u ma ke certain that future generations c c hunters and fishermen helped found the a nd WHEREAS, due to wildlife manageme programs, financed largely by sportsme license fees, special taxes and private wi ldlife has staged a dramatic comeback NOW, THEREFORE, I, EUGENE L. OTIS, Eng lewood , Colorado, would like to comn con servationists on this lOth annivers , and Fishing Day and proclaim Saturday, HUNTING AND FISHING in the City of Englewood and call upon w:tt h sportsmen-conservationists in th i wise use and proper management of our r benef it future generations. GIVEN under my h nd a nd seal thi 1 81. N n atural resources are and , many species of ~rta:tn future . To l d enjoy wildlife, nservation movement; and habitat restoration s contributions through ontributions, America's Mayor of the City of n d all sportsmen- y of National Hunting e ptember 26, 1981, as ·Y 1 1 our citizens to join efforts to ensure the c ural resources to Lst day of September, Mayor • I . • • • •' - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 21, 1981 I. CALL TO ORDER. 5 A The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Judith B. Pierson at 7 :00P.M. Members present : Tanguma, Barbre, Becker, Carson, Draper, McBrayer, Pierson Powers, Ex-officio Members absent : Allen, Senti Also present : Assistant Director D. A. Romans Associate Planner Barbara S. Young EDDA Executive Director Mike Haviland Ms . Powers introduced Mr . Mike Haviland, Executive Director of the Englewood Downtown Development Authority, to the members of the City Planning and Zoning Commission. II. APPR OVAL OF MINUTES . Chairman Pierson stated that the Minutes of July 7, 1981, were to be considered for approval . Carson moved Tanguma s conded : The Planning Commission approve the Minutes of July 7, 1981, as written . AYES : Barbre , Becker , Carson, Draper, McBrayer, Pierson, Tanguma NAYS · None ABSENT : Allen , Sen ti The motion carri d . III . USE VARIA ES CASE #8-81 s" y' s I • • -• • • ll -2- woul d be considered by t he Pl anning and Zoning Commission . This i ssue would probably be cons ide red at the second meeting in Au gust . Ms. Powers stated that a few cases that have re- cent ly been considere d by the Board of Adjustment on use variances could have h ad a great impact on the neighborhood in which they are loca ted if they had been approved. Ms . Power/ stated tha t the staff of the Department of Community Develo::<,ent did a survey of other metro area jurisdictions to d~G rmine whether use variances are considered by the Board of . ......-ii.djustment and Appeals or by the Planning Commission. The ~ majority of jurisdictions do not allow the Board of Adjustment ~ to deal with use var i ances; rather, the applicants must make application for zon c hange s. • The Board of Ad j ustment and Appeals would still consider variances in such matters as lot coverage, setbacks, etc . Mr. Tanguma stated that he did not realize the Board of Adjust- ment wa s co nsidering use variances . He asked if there was any way the u se variance s approved by the Board could be changed by the Plann i n g Commission once the Zoning Ordinance wa s amended? Ms . Pow er s s ta t ed that the amendment would n o t be retr o act i ve, and t h ere wo uld be nothing the Commission could do to elimi nate the u s e variances previously approved b y the Board of Adjust-ment . Mr . Barbre asked i f proper ty o n wh ich a u se varian c e h ad b een a pp roved were to be sold , wou l d the u s e variance con t inue un - der the new owner ? Ms . Power s s t at ed tha individu al re cord s woul d have to be resear c hed t o determin the condi tion s p laced on t he a pp roval o f ea c h cas e . Ms . B cker asked if this proce dure might encourage pers ons to pro c e ed with an u n ap p roved use var iance and thu s "skirt " th law ? Ns. Power s po i n e d out ha t a lot of situa t ion s are brought to the att ntion of the staff when the businesses apply for a sales ax licens ; the licens e s a r e n ot issued until th y r signed off by th Planning Division after determi ning that th pro po s ed u es do in fact me et the guide-line of t h zone distric s . Nrs Pier·on noted th t for h p t several years, the Com- mission h tri d to tak th month of Augu t off, and that if it w s t all po ssible, sh would lik to con inue this prac ic . Ms. Pow rs s ted h h propos d amendm e nt to t h Compr h nsive Zoning Ordin nc could be con side red by the Commission in S ptemb r . IV . PUBL 1 r ORUH . Th r w n on pr u nder Publ i Forum . nt wh o wis h d to ddr 88 th Commi ion • I • • • • • • -3- V. DIRECTOR'S CHOICE . A. Downtown Plan Report . Several maps of th downtown study area '"ere displayed for the perusal of the Commission . Ms. Powers discussed a chart of square footages of the uses proposed for the study area that are considered to be marketable, the uses being retail, office, hotel, residential, and other. The various maps displayed in- dicated the boundaries of the study area, the 100-year flood plain boundaries, property ownership within the study area, condition of buildings within the study area, and build i ng and fire code compliance of the structures within the study area. Ms . Powers stated that there is no consideration of condemnation of any property within this study area . Another map displayed areas that could be developed as a "block", such as the properties owned by the First National Bank . The Mall that is proposed to be developed along Girard Avenue from Broadway w st to Cinderella City was also depicted. Ms. Powers stated that consideration is now being given to beginning con- struction of the Mall at Broadway and working west rather than beginning at Cinderella City and working east . There would be no vehicular traffic permitted on Girard Avenue ; however, the cross-stree s would remain open to traffic . The traffic con- su ltants working on the downtown plan do say that Hampden Place mu s t be extended ea st to provide for traffic circulation. Acoma traffic would serve only those businesses along Acoma Street . Ms. Powers referred to a map on which possible sites for various use s wer shown . Mr . Allen en ered the meeting at 7 :30 P . M. Ms . Pow rs sta ted that market studies indicate that Englewood could suppor a hotel with 200-250 rooms . It is suggested tha p rking structure b constructed with whatev r other us is d velop d on the Ci y-owned parking lot. Small r - t il us s r proposed to b develop d along th Gir rd Av nu M 11, and the exp nsion of the King Soop er compl x is also considered. Residential uses are al o proposed on the north rn r ch s of the study ar a. Ms . Pow rs st ted that th r long Bro dw y s well as a c ping A "them " for th guiu ho prop r y o~1er prop rty ne ds to be improv m nt of struct ures • ion program through 1 nd- b dev loped which would smen who imp ov h ir D nv r conv ntions study 8 11 200- hotel ch in I • • • • • -4- was interested in locating a hotel in Englewood several years ago . Ms . Powers stated that this market study was done prior to the announcement of a large hotel development on the Temple Buell property in Ch e rry Hills Village. Ms . Powers stated that the studies indicate there is more need for office space , but a hotel does bring in money to an area as well. Ms . Powers pointed o ut that the plans for the d owntown area all show Floy d Aven u e being realigned to eliminate the double inter s ection. Ms . Powers stated that considerable thought has been given to a transit center on the City-owned parking lot . She noted that RTD had designated transit centers for Littleton, North- glenn , and Arvada; however, Littleton is the only one of the jurisdictions that has chosen to proceed at this time . She suggested that consideration would be given to making a transit center a condition on the development of any building on the City-owned parking lot block . Ms . Powers stated that she un- derstood the l i ght-rail issue would again appe a r on the November 1982 b allot, and that there would have to be circulation to tie a Sant a Fe Lite Rail Stati on into the downtown area . Ms . Becker asked if the crossings shown as going across U.S. 285 are overpasse s or would the highway be lowered ? Ms . Powers stated tha t the s e would be pedestrian "bridg e s " over the high- way . Ms . Power s s t a ted tha t they a re now working wi t h Ste v e Bell of Hani f e n a nd Imho ff, try ing to work up a balance sheet of private v s. pub l i c c o s t s on the improvements b e i n g c on sidered . She stated t h a t it appe a r s tha t Little Dry Creek coul d b e the most expen siv e e l ement in t he redevelopment p acka g e . Ms . Power s stated that a t one p o int it was estima ted that Li t t le Dr y Creek would have to b e impro ved t o carr y 7,000 cfs i n o rder to accommodate 100-year storm. Th is wou l d r e quire a conduit o f the sam size as that installe d by th e Cinde rella City d e - ve lopers to be inst lled from Loga n to Santa F . However, the figure ar now being questioned. It has be n suggested th t po sibly th flow would be no more than 4,500 cfs in a 100-year flood, and th t th existing con duit could handl 3,800 cfs. ellards & Grigg, the consulting engine rs on the dr inag matt r, ar que tionin g the methodology u ed in the 1972 tud , nd th fin 1 figur e s are n ot d termin d at this point. s h City Cou n cil has b en riodically, nd has h ld s uch a transportation • w s s h I • • • • • • -5- Mr. Allen asked if plans were being devised to handle the traffic if all the increased development/business does become fact? Ms. Powers pointed out that all north/south streets would be maintained , and that Hampden Place would be extended east . Mr. Tanguma inqui red if consideration had been given to making streets one-way? Ms. Powers stated that one-way couplets wouldn't really work out, and that in fact, it may be recommended that South Bannock Street revert to two-way traffic. Discussion on methods of finance and arousing property owner interest ensued . Mr . Draper stated that one method might be to form a corporation, and each property owner would invest and own stock in their own corporation . Further discussion ensued. Mr. Haviland stated that discussions have indicated that the retail areas to be developed along the Mall would have to have a management similar to that of a shopping center . Mr. Allen asked what was proposed to be done on Broadway all the plans discussed this evening seem to be centered to the west of Broadway. Ms. Powers stated that no buildings on Broadway are proposed to be changed; whatever happens will be a result of the efforts of the property owners, EDDA and City working together. She stated that more is needed in this area than a landscaping plan; they need to improve the signing, and develop a theme for the area to guide redevelopment and improvement. Changes are being made in the sign code, and these will be brough t before the Commission in the ne ar future. Mr . All n stated that a nice parkin lot has been built, but not on sign has been replaced and there have been no improve- ments to any of the businesses along the parking lot. Ms . Powers stated that she felt the development of th walk-through might be an inc ntive to property owners to improve their properti s. Mr . Havil nd stated that he f 1 the significance to Broadway would be result of new dev lopment that would tak place and bring in po ential customers. Mr. Haviland pointed out that EDDA and the City do not control the property , and have taken th position that it is not advisable to do any demolition of structur s. Mr. Haviland st t d that the Broadway rea needs improv men on he facad s and improved signing. He cmphasiz d that any improv m nt will r quir motiva ion and cooperation from the property owner . He stat d th t he f lt D ign Guid lines would encourag n id ntity for h area. He f 1 ha th new developm nt would have a imp c on Broadw y • • I • • • • • • -6- Mr. Haviland asked Mr . Allen if he felt a major investment to the west of Broadway would provide motivation for the Broadway property owners? If the City put money in the area, and it was felt that there was a definite commitment to im- provements, did Mr. Allen feel this would lead to redevelop- ment along Broadway? Mr. Draper stated that he felt the motivation would be to relocate off Broadway onto the Mall . Mr. Allen stated that he felt the worst part of the City was along the downtown section of Broadway. He stated t hat he has lived in this community for the last 24 years, and that noth ing has been improved along Broadway during that time. He stated that some way to motivate the businessmen and property owners must be determined . Mr. Tanguma stated that he felt it would require "big government money" to get things moving on the redevelopment of South Broadway . Mr. Allen stated that he felt this was a bad time to try to motivate the businessmen and property owners on the matter of improvements. Mr. McBrayer stated that the owner of the El Tepahuan r e staurant in the 3400 block of South Broadway had understood there were some low-inte rest funds available for improvements, and that he had been adv ised to contact the staff . He asked for a re- port on this from Ms. Powers. Ms. Power s stated that the po ss ibility of low-interest rehab loans for commercial propertie s has been expl ored. The staff talked to a couple of banks who were willing to participate in such a program; however, proper structuring of the program has not been determined, and the funds a re not available. Mr. McBrayer stated that he tho u ght when EDDA was formed that th first thing they were to do was to develop a "theme" for Broadway; that this was to b their #1 priority. Mr. Haviland stated that he felt the "theme" would come about from th planning proc ss that we are now going through. Ms. Powers stated the means to strengthen the businesses must be determined, as well a improvement of ppearanc on Broadway to m k it succ ssful. Further discussion ensued on the problems th absent e owner can cause . Mr. Tanguma pointed out that no matter what plans are made, it m y b 10 years before the actual development is accomplished. H stat d that the same was true of Broadway ; plans could be mad , but not reach actual developme n t for 10 years or mor . Mr. McB ayer stated that he felt if he had the responsibility to overse th r habilitation of n area such as Broadway, the first thing would be o develop them that met with th ap- proval of th businessm nand property own rs; then if they want d o up-gr de their property th y would h ve something to aim tow rd. He st t d h t he fel p rti lly subsidized lo ns could b mad vail bl o interested prop rty own r . • I • • ~ • • • • -7 - Ms. Powers stated tha t it was u nfortunate that false hopes had been built up that the low -interes t loan s were available, when the actual mechan ism o f the idea has not been figured out. Mr. McBrayer state d that he did not under stand why monies could not be obtained to help the existing property owners if monies c an be obtained to finance new development. Further discus sion ensued. Ms. Pierson stated that i is fairly easy to ignore Broadway, because whatever ha s been proposed for improvement in that area in previous y ears has no t worked. She suggested that perhaps it was time to drop the psychological approach, and to ex e rt the authority that t he City does have. Mr. Haviland pointed out that the market must be developed ; improved facades won't do any good for the Broadway business- men if the market is not there. Discussion en sued. Mr . Draper suggested that possibly a tax moratorium on those busines ses that do improve cou ld b e granted for a given number of years, and that thi s might s erve as incentive for improve- ment . Ms . Powers sta t ed hat this means is available at he present time; how ever, his has not been used . Further dis- cussion ensued . Mr . Allen stated that h e knew the members of DBA/En g lewood were desirous of doing s omething to improve the Broadway area. He felt that cooperation wi th this membe rship was the plac to begin; if the City and EDDA Board would work with the DBA /Engle- wood membe rship some progr ss might be made. Ms. Powers stated that here has been contact with he DBA membership, and that in fact, a presentation of the downtown plan had been ma de o th ir memb ership. Mr . Romans pointed ou new p a rking lot benefit s hose businessm n on Sou h Bro dway, and they wi ll benefit from the proposed walk-through. Sh a ed that s he did not feel that Broadway is "beinr. left o ligh of he improvements tha t hav b n and re be n M M .. !ewers st d that i n Code is being r vis d, which wo ld prov1d for mortiz tion of non-conforming signs, thi will be brought o the Cor~i jon in the n ar futur . It is felt that this revi cd Sign Code wil l be of assi stance in im- proving the pp arance o downtown Englewood. B . Prows wood . H for c. s Ms. wh o d h, P rowswo d has ob ined building p rmits buildin;. tho m mb r of h Commission y s min r on July lOth? • I • • • • • -8- Mr. Barbre stated that he felt the Special Permit System was a good tool to use in specific areas, and that he had very positive feelings about the Seminar. Ms . Powers stated that there were some members of the Commission, of the Housing Authority, and Board of Adjustment, who were not ab le to attend the Seminar on July lOth; she suggested possibly a mini-session in the near future to explain the system to those members who missed Mr. Wickersham's pre sentation. Ms. Powers s tated that she felt there was a good attendance at the July lOth sess ion, and that mo st people felt very positive about the presentation . Ms . Powers gave members of the Commission an evaluation form which is to be s ent to all participants in the Special Permit System Seminar, and asked for their comments. A lan d us e map of an ar ea where the Special Permit System might be used was d isplayed and discussed. It wa s de t ermined tha t a mini-session of the Permit System Seminar should be sc heduled for September 15th for those members of tne appli able boards and commissions who were not able to attend on July lOth; this would be scheduled from 7 :00P.M . - 10 :00 P . M. D. Miscellaneous. Ms. Powers reminded Mr. Tanguma of his written report that is due on the APA Conference in Boston, Mas sachusett s. Ms. Powers for August the Templ Commis s ion reported that there is a town hall meet i n g scheduled 3rd in Ch erry Hills regarding the propo sed hotel on Buell property, and asked that any member of the interested in attending to call the office. V . CO MMISSION'S CHOICE . Mr. Mc Bray r ask d if th re was a mean that the City could requir landscaping on new developments? Mrs . Romans stated that i t would b matter of negotiation at this point. Ms . Pow ~ s ated th t the Zoning Ordin nc is being revised, nd that Lh controls would be written into the Ordinanc . It was estim t d that th proposed dr ft would b to th Commission s ometim la e this summ r or in th f 11. Mr . Dr ap r g r di n Di s cu sion to an rticle ent rt inm nt nnounc d h t Pl n n 1ng Comm ssion would b r mini-s ssion sch i f eom thin ria • in N ws wood . I • - • , • • • • -9- be considered by the Commission prior to the September 9th date, that the Commission could be convened. The meeting adjourned at 9 :15 P . M. Gertrude G. Welty Recording Secretary • I • -• • ,. • ~1INUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD AUGUST 11, 1981 Chairman Howard Morarie called the regular meeting of the Library Advi sor y Board to order at 7:35 p.m. PRESENT: Howard ~1orarie, Jr., Bruce Hogue, ~1arie t a Br o wn, Bob Currie , Norm Ker s will, Joe Rathburn, J e rry Va ld es , Dorothy Wheelehan. ABSEI'ff: ALSO PRESEN T : Kay Van Valkenburg Mr s. Bru c e !Iogue Sharon Winkle, Director of Libraries Donna Gottberg , Recording Secretary Ro ll ca ll was taken a nd a quorum was declared present. S haron Wi nkle brought up the s ubject of the Denver Public Li brary (DPL ) non - res ident f e e pro po sa l a nd stated that there was no new information to pre sent a t thi s tim e . The De nv er Committee me eting is s till scheduled for Augu s t 19, a ft e r wh ich time mo r e i n f ormation would be available. Th ere ~as a brief discu ssion o n ho w mu c h the non -res id e nt s of nglewood have cont ribut ed t o th g r o wt h of l n g l e ~ood f a c il i ti es. lr . ~l orari potn ed out tha i t ~a Englewood charg1ng 1 non-resident f t u r t o make a ny d C1s 1on s on much f urt he r d1scu ·10n ~·ould be n eded. Is. Winkle announced t hat wah regard o th information ~a v ·1 Llabl at the presen t tim fu tu r mec t 1 ng. ft r t he DPL meeti ng Au gust 19 , 1982 Budget Request , no t e no ugh Jt wil I b discussed a t a Th l.ibrary Phmung Committ Report w s d1scu ed . Wi t h th Goa l s havtng a lready heen approved by th Board , it wa f It that a h ind i vidua l shou l d tud th in the draft set b th m and ma k any needed recom- mend at ion · t me ting. motion was made hy l r . l<.e r s wi ll t ha th Pl a nning Co nunttt ee be h ig hl y pratsed for t h ire for t !\ i nvo l ved i n t his repo rt. It w s conded by 1r . lor rt and curn d hy ·J ama t io n . Ul RliCTOR 'S C1 IC I 'Is. Winkle not~'<.! t ha t Counc il wil l r ecog n iz i ti : n s wi th five (5) y ar:; o f servace on th Jv1sory Boa r d goi ng bac k s v r 1 y a r s. cent nued ..... • 5 8 I • • - • • • • -2- Possible retirement of the Bookmobile in 1985-86 was discussed with several alternative measures explored. This will be discussed at greater length when more information and details are available. CHAIRMAN'S CHOICE Ms. Kay Van Valkenburg was announced as the newest member of the Advisory Board. She was unable to attend this meeting because of previous plans. ~lr. Hogue brought the attention of the Board o "A Summary of Suggestions" for July. They were read and briefly discussed. Sharon Winkle pointed out that circulation has been on an upward trenJ a s i s apparent from the Statistical Report. She also brought out hat Ms. Kelley's Summer programs were very successful. There have been several Energy related programs held at the Library, which have had good participation. ~lr. Rathburn moved that the minutes from the July 14 meeting be approved as written. ~tr. Kerswill seconded. lotion carried. Meeting adjourned at 8:55 p.m. • I . • • • ,. • 5 c BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLE WOOD, COLORADO AUGUST 12, 1981 MINUTES Th e regular m ting of the Board of Adjustment and App ea ls wa s called to order at 7:40 p .m. by Chai rman Ch este r Hallagin. MEMBERS PRESENT: Kreiling, Seymour, Gag , Dawson, Le o nard, Hallagin MEMBERS ABS ENT: Brown ALSO PRESENT: llomans , Assistant Director -Planning Holland , As s istant City Attorney Conley , Recor din g Secretary • * * * * • BOARD ~lEMBER GAGl:. lOVED TO APPROVE THE MINUTES OF THE JULY 8, 1981 REGULAR IEETING OF THE BOARD OF ADJUST- MENT AND APPEALS AS WRITTE . Board M mhPr S•ymour tiPCo nded h• mot1on . Upon a call of th roll, all memberb vot d in th affirmativ . Th minutes stand APPROVED as wr1tt n. * • • * • • BOARD MEMBLR SE IOCR lOVED TO APPROVE THE FINDINGS OF FACT I . CASE .~. 20-1, ELOY E. CASTRO -4677 SOUTH CLARKSON STilf.LT ·o CASE NO. 31-1 , JACK 0. A D DONA S . STUBBI.EF H l.ll -15 EAST QUI CY AVENUE AS WRITTE . Do rd )Pm\wr D " on h('l'On dl'd t h mot 1 on. Upon a call of lh<• roll ll m<mb rs vot<>d in th Findlng.· ol F t s nd APPRO 1:.0 a~:> writ. t •n. • * ... * • • ffirmativ . Th I • • -2- DON L. ESTES DARYL C. MAS ZTALER • • • 2000 WEST WARR EN AVENU E 2211-13-21-23 SOUTH TEJON STREET CASE 29-81 Chairman Ha llagin noted this is a co ntinu e d case and asked the appli- c ants to pr sen t th ir evi d e nce . The appli ca n ts we r not pres n t at t h e me ting . Chairman Hallag in c losed the Publ1c He aring . BOARD MEMBER SEYMOUR MOVED THAT IN CASE 0 . 29-81 , DON L. ESTES AND DARYL C. MASZTALER, 2000 WEST WARREN AVE UE AND 2211-13-21-23 SOUTH TEJON STREET BE GRAN TED A VARIA CE FROM THE REQUIRED REAR YARD SETBACK OF 24FT TO 10FT.: THE MINIMUM LOT AREA OF 6,000 SQ. FT. TO 5 ,250 SQ. FT. FOR THE PURPOSE OF CONSTRUCTING THRE~ (3) DUPLEX STRUCTURES. THIS IS A VARIANCE FROM THE COMPRE HENSIVE ZONING ORDI- NANCE SECTION 22 .4-7 k . -MINIMUM REAR YARD AND SECTION 22.4-7 c . (1 ) -MI IMUM LOT AREA. Board Me mb e r Gag e seco nd ed the motion. All me mb rs cast t h ir vot es . Th e vote r es ult e d as follows: AYE S: No n NAYS: Kr ili n g , Seymour Gage , Daw son, Leonard, Hallagin ABS ENT : Brown Chairman Hall g1n stat d that Wlth six (6) o ppo sing vot s th var ia nce wa s DE lED. • • • • * * KATHL EE F . ALFORD 3079 SOUTH OGDE STREET CASE 32-1 REQUES T: Th applic nt is r quest1ng from th total si d - yard s t back of 10 ft. to 8 t t. for the purpos , of on tructing a garag. This 1~ v.rinncp from th Co mp reh ns1v Zoning Ord i nan c S ction 22 .4 -4 i. (2)(a) -1d yard S tback. Ch irman Hallag1n eri I i 'U th t.. prop r po tin of thi ca • h d lit t n g1v n. Th • staff rPport r cord . Kathl tn \I ford, 3071 outh Ogd n r !Is . Alf o rd 1nd1 c· t d th •aral(t w nrc> h lth nd it 1 dllllcul tor h,.r loll • I • • • • - -3- She not e d the most f e asibl e location on the lot for the garage would r equire a sideyard setback variance . Ms. Alford submitted ten (10) letters of ap pro val from th e adjacent neighbors. There was n o o n e present wh o wish e d to speak in favor of or in opposition t o th e variance . Chairman Hallagin closed the Publi c Hearing. BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 32-81, KATHL EEN F. ALFORD, 30 79 SOUTH OGDEN STREET, BE GRA TED A VARIANCE FROM THE TOTAL SIDEYARD SETBACK OF 10 FT. TO 8 FT. FOR THE PURPOSE OF CONSTRUCTING A GARAG E. THIS I S A VARIA CE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-4 i . (2)(a) -SIDEYARD SETBACK. Board Member Gage s conded the motion. All m mb r s ca h ir vot s . T h v o t e r e ult e d as follows: AYES: Kr iling , Seymour , Hallagin Gage, Daw son, L o nard, AYS: 'one ABSE T : Brown Chairman Hallag1n stat d that with six (6) affi rmat i v e votes th vari- an c wa s GRA TED . .. * • • * * R. E. MAY CUMBER 2913 WEST TANFORAN DRIVE CASE 33-1 REQUE ST: ThP applicant iti r que ling a var ance from th min imum front yard Pt aLk o 25 !t. to 20 ft . for th purpos of construct- ing a solar gr ~nho u sP. This is a varian of th Compr h n s1v Zoning Ord1nancP SPction 22.4-3 h . (2)( ) -Minimum Front Yard. hairman II llag1n ver1f1ed that proper pobtlng of this cas1 had b~Pn g1v •n. Th staff r port r ord. yeumht 1 , 2913 W1 • > eumht r not d t h l' •n•Pn hOU!:il ndJtdC h•aln COSt!>. II dt of non-r •flt cliVI' ~lu. Th rt w 1 . iti II to Yibll WlSht•d to C.h \ t 1·man II 11 a • stim ny. ran c o th would vor of o r in o pp - th Publi II ring. 0 I • • ( ·-4- • • • BOARD !EMBtR KREILING MOVED THAT IN CASE NO. 33-81, R.E. MAY CUMBER , 2913 WEST TA FORAN DRIVE, BE GRANTED A VARIANCE FROM TH E MINIMUM FRONT YARD SETBACK OF 25 FT. TO 20 FT . FOR THE PURPOSE OF CONSTRUCTING A SOLAR GREENHOUSE. THIS IS A VARIANCE OF THE COMPRE- HEN IVE ZONING ORDIANCE SECT ION 22.4-3 h. (2)(a) - IINIMUM FRO T YARD. Board Memb r Gag e s econded the motion. All me mb r s c ast th e ir VOLeS . Th e vote resulted as follows : AYES: NAYS : Kr e iling, S e ymour , Gag e , Dawson, Leonard, H·lllagin None ABSENT: Bro wn Chairman Hallagin s tat d that with six (6) affirmative votes the varianc e wa s GRANTED. * * * * * * BRENT W. MILLER 3401 SOUTH U IVERSITY BOULEVARD CASE 34-81 REQUEST: Th P applt ca nt i s t•~>qu c>s t i ng a varian ce from th e minimum s ideyard o J 1 5 f • t o 1 0 f t . f o r th r purpos e of c onstructing an attached s t o rag building. T hi ~ i~ a varian c of th Compr h n s iv Zoning Ordinanc e Sec ti o n 22 . -6 m. (3) -Minimum Side Yard. Chairman Ha llagi n v r ifl~d that prope r p os 1ng and l g 1 adv e rti S in g of this cas had Pen g 1v n . Th ·taf f r c>po rt was nt r d in th r co rd. Don a ld Bu u l t 'k, 273 :South X· VlPr , D••n v e r, wa s s wo rn 1n f o r t es timo ny. Mr. Burd tek ~ta 1•d h • ~as, prltPs sor t th f' S minar y a nd du to ir- linP fli~~;ht d l:t} , oul il llt ~IJPaktng o n be h a lf o f Mr. Mill r. H m >n t i ont>d th u liutldtng wn u ld bP ustd fo r &t o r a g o f furnitur e u s d i n th e dormtt n r""' tnd tn tlw <'l t sf'rooms. Th c> b uilding wo uld b e se rvi c d lly · drlVt'W!I\ long h w••st '"i ld P o l t h st ru c tur . Th e driv e way v.ill also ·u•t a a dr · inagp ~w a l • to t' r r y wat r away from th ad- JUC n prup!'rty . !r . Bu rd ic k n o e d t h c ai so n s hav b en in s tall d a nd p r don«' so 111 t•t·r or. o furth •r wo rk ha s b n c ompl ted on th s t o ra g• hutldtn•. Mt·. BunH c k n oted th P s t o r a g building would be built to t h1 tt qUll'ld s th ac k 1 f h v a rian c wa s not approved . Th r wa 110 one prPs nt who wJ s h d to s p ak in favor of th e varianc hairm an llulla~;on askt>d 11 t h •n • was anyon p.r s nt who wished to s p p kI n uJll• itHln o f th1 r ttnt·P . • ) I • • • • • • -5- Elmer M tcalfe , 3416 South Race Stree t, was sworn in for testimony. Mr . Metcalfe s tated h i& th e Pr e s i d e nt of the Kent Village Association and read a 1 tter i nto th re co rd which setforth the basis for the opposition of the resid nts o f Kent Village . He stated the Seminary do es hav an e xisting drainage pro blem and the addition of the storage building will o nly ad d to th pro bl e m. Jay L. Olv y , 3424 South Race Str et , wa s s worn in for testimony. Mr. Olv y indi c ated th S minary has located its buildings along th west e rn prop e rty lin P and has no o nsid red locating t h e building along th easte rn port1on of thP library/classrooms now und e r co n- truction. Chairman Hallagi n d ecl ar e d a r c ss at 8:50 p.m. Th Board r eco nv e n ed at 9:00p.m. Chairman Hallagin ask d for a r oll call . Upon a call of the roll , th following were present . Board M mb e r s Kr e 1lin g , Seymo ur, Gag , Dawson, Le onard, Hall agin ABSEN'r: Brown Chairman Hallagin asked if th r was anyon s p eak in opposition of t h P varian ce . l se who would like to Rob ert P a rm l ee , 3 454 out h R ae~ Str e t, wa s s worn in for testimony . Mr . Parm l Pe noted h1s condominium is adjacent to the Baptist Seminary. H• n oted lh P lumPb from t h cars u s ing th xi s ting dr1v - way ar e xlrPm ly noxJOUN and t h P no1s from th • r oo f op air c on - ditioning un its an l •ad to .om o n p s houtlng to b h ea rd. Sp aking in rbbuttal, lr. Uurdi~k not •d th driv way wo uld s top at th s t orag• buildJng and would not b a thoroughfar for v h1 c l He again not d t h is wouJJ b for tht storag of dorm i o ry furnitur e and classroom furniturP. Chairman Jlallag1n clo"'1d thP PuldJ<• Ht•aring. BOA RD IEAIUER DA\I SON !OVI:D l'll r I. CASE 0 . 34-1, BRVT W. lLLLR , 3101 SOl Til . 1\"LRS I TY BOULIWAP.D, BE GRANHD A VARIA CE FRO I THE MI. IMU I SIDEYARD SETBACK OF l tl FT. TO 1 U FT . rOH THE PURPOSE OF CON THUCTING A. TTACIIED STORAGE BUILDING . THI ' I S A VARI , (;L OJ< Till' CO IPHLHE Sl VE ZO. I 'G ORDI A SECTIO:\ .!2.1-6 m. C3)-ll'llltll SIDE YARD. Boat•<! h mhl't" K rt 1 I tllK Nt·~ondPd tht m t 1 on . All mtmlH · < t!-.t th tr· \O •s. TIH votP r sul t1d N follow.: • I • -6- • • • AYES: Non NAYS: Kr e iling, Seymo ur, Gage , Dawson , Leo nard, Hallagin ABSENT: Bro wn Chairman Hall agin sta t ed that wit h six (6) o ppo s ing vot es the varian ce wa s DENIED. * * • * * * JAY S. PECK 4925 SOUTH GALAP AGO STREET CASE 35-81 REQUEST: Th e appli c ant is requ es ting a varian ce from the minimum front yard setback of 25 ft . to 17.5 ft . for the purpose of co nstru ct- i ng a front porch . This is a varianc of th Compre h e nsive Zoning Ordinan ce S ctio n 22.4-2 h. (2)(a) -Minimum Front Yard. Chairman Hall agi n verif1 d that prop r posti n g and 1 gal advertising of this cas had be n giv n. Th~ staff r e port wa s e nt e red in the record. Jay P ck, 4925 So uth Galapago Str••t , wa s s wor n in for testimony. Mr. P ck n oted th . porch would not b~ covered , but would hav e a base- me nt area underneath for s oragP. The r wa s n o onp prPsPnt who wish~~ t o speak in favor of th varian c Chairman Hallagin ask d jf th•r• wa H anyon pr•s nt who wi h d to sp ak in opposttion of th var1anc Ev Eis ni.J r . 1 55 South Galapago Strt• t , s . worn 1n for t • tim n}. Mr . Eis nb •rg ind1ca ed thP propPrty has no1 b~~n maintain d pro- p rly and 1n thP p st cons ruction projeLts havt bP n tart d but n v r finio..;hed. Sp aking 111 r· •IJut !ttl , Mr·. P ck m 111 onP th <'onstruct 10n would bP complt>t d Y.tthin u satlsla<·tot"' im ltrnlt. Tht por·ch dd1t1on will enhancp th1 prop('rly an thP Dl't hi.Jorhood. Ch 1rm n H llagin los •d th<' Pub 11 II •a r in". Bo rd '• ml 1 • I . - • • • • All members casl th ir vot s. Th e vote resulted as follows: AY ES : Kr iling , Seymour, Gage, Da wson , Leonard, Hallagin NAYS: one ABSENT: Brown Chairman Hallagin stat d lhat with six (6) affirmative votes the variance was GRANTED. * * * * * * -7- Board Me mb er Seymour voiced his concern relative to Ordinance No . 32, Series of 1975, defining lot frontage on corn r lots. * • * ... * * Th e re being no furthPr butiiness b for the Board , Chairman Hallagin adjourned th August 12, 1981 r gular meting of the Board of Adjust- ment and App eals at 9:50 p .m. * * * * * * /?Jt-ue. 1 D1tfu+-1 __ Recording S c r tarv J • I . • • • 5 MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS WEDNESDAY , AUGUST 19, 1981 Present: Vesta H. Miller, Chairwoman Fred Fisher, Vice-Chairman Robert A. Briggs, Jr. Thomas A. Eg gert Harold V. Cook Robert F. Cleme nt William Thornton Doris Durdy Norman A. Smith Dennis Mahagan Beth Jenkin s David Bu s by Betty And e r son Betty Keena Robert E. M c Gregor George Garson Alex Ariniello Sharo n Ca rr Le wi s Been Samu e l Harper Jo hn Hurt Rod Sheffer Ken Le w is City of Arvada Greenwood Village Adams County Arapahoe County City & County of Denver Jefferson County Town o f Bow Mar City of Brighton City of Broomfield Town of Castle Rock Cherry Hills Village Co mmerce City City of Edgewater City of Englewood Fe d e ral Heights City of Glendale C ity of Lafayette City of Lakewood Town o f Larkspur C ity o f Littleton City of Thornton City o f Westminster City o f Wne at Ridge Also Present: Robert D. Farley, DRCOG Executive Direct o r; Da vid A. Pampu, DRCO G D::~puty Executiv Director; Ken Huson, C ity o f Lo ui s ville ; John E. Osborn, Ken Ca ry l Ra nch Water & Sanitation District; R. Kni c k e rbocker; C . Winston, City o f Br oomfie l d; D n Belmore , EHMG Engineering; Th omas Q . Ben son, DRCOG Attorney; Shirley Heck, Executive Seer tary for the Council; a nd various members o f the DRCOG staff. Cha trwom n Mill r c 11 d the moe ing to order a t 7 :34 p .m ., roll w as taken nd a quorum declared p sent. • I • ( • C OUNCIL MINU TES August 19, 198 1 Page two Mi nutes of July 15, 1981 • • • Council, upon mo tion by Mr. Thornton, supported by Mrs. Carr, unanimously approved the M i nutes o f the July 15, 1981 Council meeting as submitte d. Report of Chairwoman Chairwoman Miller reported that a me e ting was held with Senator Hart to discuss concerns regarding the Cle an Air Act, the Older Americans Act and Federal-Aid Highway Program needs. A meeting has been scheduled with Congressman Brown Monday, August 24th and we are also hopeful of getting togethe r with other Representative s regarding these issues. Adoption of Update to the C lean Wa ter Plan Mr. Mugler, DRCOG staff , brie fly reviewed the Public Hearing Testimony and written comme nts on the Cle an Water Plan update noting that most of the comment s and concerns primarily s urrounde d po pulation and stream classificatio ns. Mr. Fisher s tate d that the Program Com mittee recomm e nded adoption of the Update to the C le an Wa t e r Pla n. Th e Counc il, upon motion by Mr . F1sher , sup p orted by Mrs . Carr una nimously a d opted Resolution No. 17, 1981, A Reso lution Ado pting an Update to the Clean Water Plan , (A sign ed copy of Resolution No, 17 is ttached to and mad a part of the file co p y of these minutes.) 1982 P lan for Aging Services M rs . Aldridg e, DRCOG staff, s ummarized the 1982 amendment to the 1980-81-82 Area Plan on Aging rvices noting expanded roles in admi n - istration , technical assistance to community agencies, coordination a nd pr ogram dev lopment. Mrs . Aldridge also pointed out that fu nds allocated for direct services are in the reas of health/medical services , nutritio n , transportation, legal aervice s, nd other servi s (senior cent ers). I n addition, the work plan entails n expansion in th provision of techn ical ssist nc such as resource mater! ls on dditional fu n ding sour ce , development or xpansion of services in rural roas and training for Aqing contin u d- • I • COUNCIL MINUTES Augu s t 19, 19 8 1 Page three • • • Advisory Committee members and service prolfiders. Mr. Fisher stated that the Program Committee recommended adoption of the 1982 Plan for Aging Servi ces . The Council, upo n motion by Mr. Fisher, supported by Mrs. Carr, unanim o u s ly a do p ted Resolutio n No. 18, 1981, A Resolution Adopting the 1982 Amendm e nt to the 1980-81-82 Area Plan on Aging. (A signed copy of Res olution No. 18 is attached to and made a part of the file c o py o f these minutes,) Concurrence in Air Quality Implementation Plan for Lead and Recommend State Adoption Mr. Mugler, DRCOG sta ff, explaine d that in 1978, the u.s. EPA established a national ambient air q ualit y s tandard for lead particulates and adopted a set of regulations which re q uired s t a t e s to revise their State Implementation Plan (SIP) to achieve this new standard. Because the Denver region had a number of sampling stations whic h lfi o l a t e d the lead standard between 1974 and 1979, the State had to demonstrate that the region would reduce lead emissions to achieve the standard in 1982. Through modeling, the State was able to show that reductio n s in the a mo unt of lead in gaso line will eliminate the region's lead lfiolatio n s by 19 8 2 . This re vi sion to the Denver Element of the SIP demonstrates th a t the lead s tandard will be atta ine d Without additional c ontrols. Mr . Fi s her s tated that the Program Committee re commended adoption of the Air Quality Implementation Pla n for Lead and recomm e nd State adoption. The Council, upon motion by Mr, Fisher, sup ported by Ms •. And e rso n, unanimously adopted Resolution No. 19, 198 1 , A Resolution Co n- curring in Revision to the Denver Region l Ele me nt of the Sta t e Air Qu lity Implementation Plan nd Recomm e nd i ng Sta t e Adoption, (A sign d copy of Resolution No, 19 is attached to a nd made a part of the file copy of these minutes .) 1982 DRCOG Budget Mr. Farleyg a brie ovorvi wofthe 1982 DRCOG Budget, as pres nte d, Fin 1 con id r tion of he Budget w ill be requ sted at the September Council meeting, in cc d nco with the Arttcl s of Association • • I • ( COUNCIL MINUTES August 19, 1981 Page four Briefing on DRCOG Training Program • • - Mr. Shannon, DRCOG staff, briefed Council and presented a slide show illustrating the history of the DRCOG training program, the scope of the classes offered as well as participation by member jurisdictions in the various training activities. In addition, the DRCOG Regional Training Program class schedule for August-December, 1981 was distributed. It was noted that between 1976 and 1980, 122 training classes have been offered by DRCOG to member government personnel. Mr. Shannon explained that a comprehensive, expanded training schedule for member governments has been developed based on the results of a survey of their training needs which was completed in June. This training schedule will complement those classes previous ly offered in the areas of criminal justice, fire service, and private and industrial security. In addition to expanded training activities, DRCOG i s l ooking at the opportunity to work with local cable television studios whose facilities are ideally suited for some training arrangements. Finally, Mr. Shannon stressed that the DROO G training program will continue to offer a cos t efficient a lterna t1 ve to identified local g o vernment needs. Briefing on Preparation of Revi sed SIP Mr. Mugler, DRCOG s taff, gave a s lide s how a nd briefed the Council on the preparation of the update to th e 1979 a t e Imple me ntation Plan (SIP) which is require d b y the C lean Air Ac t a nd will s h ow how those areas in the state that are n ot a ttaining the natio nal a ir quality s tandards will do so by the establi shed de dlines . It was noted tha t a t the meeting with Senator Hart, it wa s a dvised that we should continue o perating under the existing s tatutes w hich w ill probably be ext nded u ntil n xt year whe n amendments will be considered . In additio n, various ir pollutio n contro l measures that will bring the region i nto compliance for ozon e a n d carbo n mo no xide we re revie w ed . These measures includ direct aut o e missi o n controls, federal e mi ssion c ontrol s a nd transportation sys ms ma nageme nt pro gram s . s t s Mr . Farley n o ted th reque s ts h vo bo n received from the City of Louisville nd the Cit y of Laf y tt to m nd the Region 1 Growth and De velopment Plan nd !rom th Cit y of Go ld n nd tho Cit y of We trn i n s t e r t o mend the tnt rim Transport t i o n Pl n. Th ppropri te Advis ry Commi tt wUl be reviewing hese r qu sts nd p u lie h rin w1ll sch d ul d t th e No vember Council mee t ing. • I • - • COUNCIL MINUT ES August 19 , 1 98 1 Page five Report of the Executive Director • • • Mr. Farley reported on an extensive list of work activities at the Council by program area. In addition, he noted that Bill Thornton had testified before Senator Simms subcommittee on the Highway Bill. Council representatives and their alternates were invited to the orientation sessions to be held at DRCOG on August 20 and 28. Calendar of Policy Issues Chairwoman Miller noted the Calendar of Po licy Issues in the agenda packet, Other Matters by Members Harold Cook reported that the Metro Denver Sewage District voted to authorize a bond election on October 6, 1981 which will cover plant expansion of major interceptors and e nsure that Adams, Arapahoe, Jefferson and Denver Counties will be able to meet clea n water goals. ,Adtournment There being n o further bu s ine ss to come before the Council, Chairwoman Miller declared the meeting adjourned at 9 :07 p.m. Vesta H. Miller, Chairwoman Denwr Regional Council of Governments ATTEST: Robert D. Farley, Executive Director • I • • • • - EN;LF.tron lX.JV-Nrot·JN DEVELOPMENT' AHJ'OOPITY 1535 So. Sherman-Englewood, 00 80110 5 F Wednesday, September 9, 1981 f.fiNUI'ES Board Manbers Present : Cola:nan, G1sson, Holthaus, Kaufman, Maxwell, 'Teal, ~s, Pendletcn, Roborrn Board MeriDers Absent : Bush, Mausolf Staff Present : Haviland, S~scn Guests & Visitors : Paul Beattie, Exec. V.P. Fhglewood/lhited Suburban Chamber of Cammerce;Gordon Close, President, rl.b.a ./ ~glewood; Susan Powers, Director of CQITmUnity nevel- oprnent, City o Englewood ; Chris VanVorst, Director of d. . a. /F.ngl e<.«X>d Board Chainnan "blthaus called the Regular Meeting to order at U :40 P.M. She thanked fun fusign and Laura C.aribotti of the sign I.J'orksrop, Inc. for ~ving given the slide presentation of the Downtown Plan immediately before the begi.rming of the business ~reeting . r7 . Pobohn rroved that the Hinut s of he Regular Treeting of August 12, 1981 be approved as distributed. Seccncled by Mrs . Owens . The rrotion was carried by a voice vote. Hr. G1sson, Treasurer, presented h Treasur r 1 s Repor for th period ending July 31 1 1981. Due to expenditures associated with the prop tty a 3470 South Broadway which r no anticipated in the 1981 Budg , i ~o.CS decided that Mr. Haviland will not attend he I.D .E .A . (Intema 1ooa1 F.xecu i~s Asso- ciaticn) Conferenc Septenber 24-26 in Portland , Ore~. Al 1 Amigo Party which was to be g iven en Sept r 1 , 1981 , wi 11 pos pa1ed indef- initely. he Poard . for reviewing thanked . ~ 1 I Mr . Roborrn and 1-'r . ~vi- . Following discussion Mr . Pend1 ton p terl . Seconded by voic vo • ) I • • Ehglewood Downt01<.n DeveloflllE!I'lt Authority Minutes of Regular Meeting September 9, 1981 Page 2 • • • in the curcumtances. " Mr. Neal nnved that the Ammal Financial Report for year ended December 31, 1980 be accepted as presented. Mr . Pendleton seconded the 110ticn. The 110tion was carried by a voice mte. Mrs. Owens presented the Real Estate Camti.ttee Report to the Board: (1) Mr. Sar:q>ier requested a Special Board Meeting en August 17, 1981 to meet with the Director of a theatre group. 'This meeting was mproductive for both sides due to the fact that the theatre group has no purchasing finds; (2) Currently interest is being dermnstrated by several other groups; (3) fue to the fact that the listing contract with Realty World-Senti expired on Septeni>er 1, 1981 another realtor should be retained. Mr. Haviland presented the report of the Steering Ccmnittee . It was noted that a series of three public meetings will be held in the Ernie Anderson Roan at the Ehglewood Police and Fire Building, 3615 S. Elati to discuss the proposed Downtown Plan. The IEetings will be at 12 :30 P.M. Septenber 16 and 7 :30A.M. and 7:00P.M. en Septenber 17. Mr. Haviland asked for further discussion by the Board of the proposed Down- town Developnent Plan . Mr . Coleman stated that he felt the plan was excellent; h:lwever, he did feel tncanfortable with one portion of the planning at Floyd Avenue and the Broa<Hly realig;me1t. Mr . Kaufman rroved that the Board of the Ehglewood Downtown Devel0JX11e11t Authority generally approve and support the DJwntown Plan as presented by the Design Workshop, Inc. Mrs . Owens seconded the 110tion. The ll'Otion was passed by a show of hiKlds. Mr. Coleman and Mr . Robotm abstained . Mr. Kaufman tmVed that $500 .00 be allocated to the 1980 17lglewood Parade Ccmni.ttee. The Parade is co-sponsored by the City of Ehglewood, Cinderella City Merchant's Association, the 01arrber of Ccmm!rce and Sentinel Newspapers . The rrotion was seconded by Mr . Gassen . M:>ticn carried by a voice mte . Mr . Haviland discussed the progress on the walk-~. There being no further business to discuss, the ting was adjourned at 1 :45 P .M. • ... I . ( • TO: FROM: DATE: SUBJECT: • • • Susan Powers, Director of Community Development Frances Buck Jonas, Exec~r -Housing September 8, 1981 Ann u 1 Mountain Plains Regional NAHRO Conference I attended the Annual Regional NAHRO Conference in Billings, Montana, August 16th through the 19th. The states in Mountain/Plains region are Colorado, Wyoming, Utah, Montana, South Dakota and North Dakota, whi ch comprises HUD's region 8. The first afternoon I attended the Community Development meeting as a newly appointed Colorado delegate. No one on the committee felt that they could afford the travel necessary so we were unable to elect a Chairman/V.P. with portfolio who would be a member of the National Committee. At a caucus of the Colorado CD committee, I resigned my membership on the Regional Committee, so then Ron Yamiolkowsky (Yam), a consultant with DMJM of Denver, could be appointed. Yam had the interest , energy and funding to allow him to be the Regional CD V.P. but he had to be one of the Colorado appointees to be eligible. I will continue to be active on the CD Committee at the Colorado level. The main concern of the Regional CD Committee is the administration of the Small Ci ties Grant Program by the States . Evidently , North Dakota has already drafted an administration plan and the c ommittee is attempting to get a copy. Th Co lorado committee agreed to contact Paula Herzmark, Director of Co lor do Local Affairs Department, to set up a meeting to discuss Colorado's program as soon as I get back from the Small Cities Task Force meeting in Washington, D.C. The g n r 1 business m eting was also held that afternoon. Offic rs elected w re: John Helm, Denver , Presid n ; Jim John son , Sioux Falls, S nior V.P.; Sharon Massman, H len , member of Na ional Board of Go v rnors. On Monday rning the Legislativ Upd te was h ld with particip tion by Brian W 1dman, Leg1sl t1v Assistant to Senator Willi Armstrong; J rry Hannon, HUD Acting Region 1 Adm1n1str tor; Bob Maffin, NAHRO Executive Director; nd Paul Ch pman, NAHRO Presid nt. W idman s id th t Senator Armstrong was e xcited about he NAHRO poli c y p per nd is p u hing 1n Washington a "n w concept" that the practi ion re in h field w th r a ha s hould be consulted in making legisla iv ch ng s. c pol1cy p per Arms rong will be ch cklng "ov r J(ill" in HUD' s rch1. c ural revi w eye em and will give epeci 1 n ion o flood pl in r gula ions as bein curr n ly enforced • • ) I • • • Memo to Susan Powers September 8, 1981 Page 2. • • • Bob Maffin, NAHRO Executive Director, reported that the 312 rehab loan fund will be continued at a pay back level; in housing there will be less new construction and substantial rehab, (55\ Existing/Mod., 45\ New/Substantial) 148,000 total units allocated 1982 before set asides for FMHA, State Agencies, 202 and Indian Housing, only 10,000 units left nation-wide. Many older public housing agencies are opting for getting present units in shape over constructing new units. New definitions of income and definition and calculation methods of rents to be distributed by Secretary. No one's rent can be reduced, can only be raised. Income changes will impact the broad range of income policy and the amount of rent collected by PHA's will drop. Hannon said he expected the new Regional Administrator to be announced in the next two weeks. FY83 budget now being discussed and started. For FY82 Small Cities Block Grant Allocation to Colorado is to be $9.9 million. Because of the new administration's 3 point program: 1. Tax cuts/budget cuts -less units 2. Deregulation -flood plains, Environmental Impact Review, etc. 3. Efficiency-fraud, waste, etc.; will be asking for misused money to be repaid to HUD. We will have to manage better with less money. Questions & Answers Davis-Bacon -Haffin stated that historically NAHRO has supported Davis-Bacon because of long support of assisted housing by labor. A joint committee has prepared pro nd con position papers which should come before the membership this year . Waidman -Armstrong has researched and de cided against a Housing Assistance Block Grant program. Pr sident's Housing Commis sion, headed by Carla Hills, is to report on bloc k grant and voucher programs. On Monday afternoon, Dr. Boa st , a man gement consultant from DU, discussed Management in S ress and Change. (Se attached notes) H is really good and fired ev ryon up. Tuesd y wa s filled Wlth concurr nt s ssions. I took part in an all-day workshop for Commissioners. There w s a lot of dialogue betw en the pan~l and th audience on: --"c i &loners r lationsh1ps with Executive Directors, legisl~t i v role, role of Chairperson nd how to avoid burnouts" "Commissioners ' Liabilities" "Cocnnaissioners H ndbook, s is it? H can it ssis ?" "Rub r s Co 1ssion rs --Wha re th y? H can i be avoid d?" "H ing ckets" • I • • • Memo to Susan Powers September 8, 1981 Page 3. • • • The discussion became so interesting that Bill Ratslaff, Executive Director of Denver Housing Authority, and Dick Sullivan, Executive Director of Colorado Springs Housing Authority, dropped in for a few minutes and ended up staying which caused Dick to miss a fishing trip with Mike Reddy and Brian Waidman . Unfortunately, because of being in this all day, I missed some other very good sessions . The Wednesday morning session was a panel of public and private officials discussing "Energy and its Impact on the Intermountain Area". The participants gave some interesting new suggestions on how to fund needed public improvements through public/private cooperation . This was the best Regional conference I've attended in terms of the program. At the closing Executive Board Meeting the conference was critiqued and sug- gestions made to Jim Johnson of Sioux Falls for next year's conference which will be held in Sioux Falls. We also learned at the Executive Board meeting that Senator Armstrong wants to do a pilot program in Colorado based on the position paper suggestions. A proposal will be prepared. cla cc: Linda Xnopinski • I • • • • ,. - M E M 0 R A N D U M G ---------- TO: FROM: DI'.TE: SUBJECT: Susan Powers, Community Developme~Director Frances Buck Jonas, Assis~rector of Community Housing !:) 1 September 10, 1981 Small Cities* CDBG Regulation Review Panel Development - I was a member of a 14 person Small Cities CD8G Regulation Review panel in Washington, D.C. on August 24, 1981. The panel was made up of representatives of the National League of Cities, u.s. Conference of Mayors, National Community Development Association and National Association of Housing and Redevelopment Officials. The HUD official in charge was Dick Kennedy, Director of Small Cities CDBG program, who toured our project in Englewood earlier this year and discussed with staff what we liked and didn't like about the program. The omnibus budget reconciliation bill that President Reagan signed into law in early August allows States to take over administration of the Small Cities CDBG prograa beginning October 1, the beginning of Fiscal Year 1982. Previously, the grants were distributed on a c ompetitive basis by area offices of the u.s. Depar~nt of Housing and Urban Development . The progrlllll wi ll continue to be administered by HUD in those States that choose not to take over adminis- tration of the program. At this time HUD expects approxiaately 35 States to accept the program . In addition, the legislation made many changes in the MUD-adminis tered program. Since the new fiscal year starts October 1, HOD is revising the regulations for the HOD-administered program and drafting regulations for the state-administered prograa. Due to time constraints the regulations will be published as interim regulation s without pre liainary public comment before becoming effective. Therefore, this panel was set up to provide comment by program administrators. Since Secretary Pierce had not sign d off on the regulations ye~. participants were instructed that the draft regulations were confidential and specifics were not to be revealed until public tion. Legislative changes addressed by regu- lations c an be dis cussed and the revised regulations can be discussed in general. HOD-AdMinistered Prograa The thruat of the new regula tions is to si~lify the program by 1) a one-step application process, 2) •~.plified a wa rd selection criteria, 3) eltaination of Housing Ass ista nce Plan requir nt (HAP), 4) co.bination of .. tropolitan/non- tropolitan funding allocations, 5) discontinuance ot new multi-year commi~nt1, *S .. ll Cities or non-entlll 50,000 or less. nt cities are co .. un t~e• with populations of • I • • Me1110 to Susan Powers September 10, 1981 Page 2. • • • 6) si~lificati on o f citizen participation (CP) requirements, and 7) deletion of A-95 clearinghouse review. The aajor concern rai sed by the panel regarding regulatory changes vas the decision to no longer grant aulti-year commitments. The consensus was that it is difficult to run an effective program and attract a quality staff when required to ca.pete annually for single year program funding. Sta te-Adainis tsred Prograa We vere not allowed to see the regulations for the State-administered program because the Secretary had not seen them yet. A HUD staff member outlined the aain points. The thrust of the legislation and the regulations is to give States aaxi•~ discretion and flexibility in designing their own programs. Requir ... nts on the States vill be kept to a minimum. States are required to c onsult on a good faith basis vith elected officials or their representatives of ·non-entitleaent jurisdictions in the development of their programs. Federal funds •ust be spent in non-entitlement jurisdictions and must be used only for CDBG eligible activities. States are required to match 10\ of CDBG alloc ation with the aatching funds to be spent for com.unity development projects in non-entitleaent j urisdictions during the year of the grant avard. However, the .. tching funds do not have to be spent for CDBG eligible activities; the statutory defi nition of c oaaunity development activities that can be counted as aatching funds is broad enough to include parks and highways. Only 2\ of the federal CDBG alloc ation c an be spent for administration and must be matched by the State; this aatch c an be an in-kind match . States are being e ncouraged to honor multi-year funding commitments made by HUD before the States took over administration of the program. Due to the ti.. needed to get regulations approved and published by HUD and for States to design and set up their programs, funding will probably not be available until the end of Fiscal Year 1982. White House and HUD staff are currently holding Re gional .eetings with State officials to explain the program to thea. Mr. Kennedy stated that although the program is supposed to simplify administration, nothing in the regul tions requires States to keep program simpler to adainister. HUD is encouraging States to design programs to meet their individual needs and not just copy HUD's systea. Conclus ions and ndations Since the State of Colorado has indicated that it is interested in adainistering the Saall Cities CDBG Progrun, .y -in interest in being a aulber of the regu- latory revi w panel was in the regulations governing the State-adainistered program and how they would i apact Englewood and other non-entitl ... nt cities in the State. Due t o the haaia on giving the States a free hand in designing their prograM it is i ssible to dete~ne a this ti wh ether State administration will be beneficial or tri ntal. • I • • • Memo to Susan Powe r s Septembe r 1 0, 1981 Page 3. • • .. The OeparO..nt of Local Affairs i s the agency that would administe r the program i n Colorado . Lo c a l Affairs Di rector, Paula Herzaark, has delegated responsi- b i l i ty for the CDeG program to her assistant, Hal Knott. Mr. Knott was the head o f the State Divi s ion o f Housing i n the sa.e department in previous years . Mr. Knott states t h a t the State hasn't p r epared plans for administration at this ti .. s ince the r egul a tions have not been published, but he plans to set up a Saall Cities CD Task Force to ass i s t i n desi gning the State program. White Hous e and HUD staff -..bers are currently holding Regional meetings with State offic ials to expl a i n the p r ogram. State Municipal League Presidents will be attending the aee tings . The Mun icipal League and NAHRO have approached Hal Knott offeri ng t o assi s t in the deve l opment of the Stat e's p r ogram . I reco ... nd that the City take an a c t i ve role i n the developmen t of the State prograa, both d i re c tly and t h rough the Mun i cipal League and NAHRO . The National League of Cities paper on "Options for State Implementati on of the Small Cities CDBG Prograa" would be a useful guide i n talks with the State. (see attached) Soae speci f ic i ssues o f conce rn: 1) Seek so .. t ype of aet ro/non-aetro allocati on s o that a l l funds won 't be funne l ed to energy impac t e d c omaun itie s. 2) Soae Stat es a re cons i deri ng e ntitlemen t programs f or ci t i es o ver 10,000 population r ather than c ompetitive grants . In orde r to determine whethe r this wo uld be benefici a l it would be necessary t o de t e rmine how many cities fa ll into tha t c a tegory and the amoun t a llocated to Colora do. At Billings, Acting Reg i o nal Adainistra tor Gerald Hannon announced that Colora do's 1982 allocation wo uld be $9.9 ai llion. The 1981 al l oca tion wa s $8,752,000. 3) Sise of Gr a nts . HUD Small Cities Director Dick Kennedy s t a t e d that HUD's experience has shown that large •~ze grants ar necessary to the success of the program; the average siaple purpose grant amount has been $300,000 and the average co rehensive grant amount $600,000. For politic al reasons the State may want to fund as aany c ities as posaible with small grants which are costly to ada!nister and don't have as auch impact on ne da. 4 ) If the St te is bound to honor current multi-year c aa.it.ente, we need to k n how auch is comaitted so that we know how uch will be left for co unities without comait.ents. 5) The States of ~ntucky and W sconsin took part in a &tate- adainistered n s tration projec • If reports and evalu- a ions we re available th y could provide guidance in the sign of Colorado's prograa. Mr. ~nnedy stated that bec ause of the criteria used they had a large nu.ber of e aa ll cities under S,OOO population involved although th s was una~ cted and h dn't been the intent • • I • - • • Me1110 to Susan Powers September 10, 1981 Page 4 . • • • 6) The State prograa should have st.pler administrative requirements than the HUD prograa or the reason for making the change is gone and an additional layer of administration is the only result. After bei1'19 fwuiad three ti-s for a total of $766,000 the rules have been chanted and -are qoinq to be involwd in a totally new ball ga.e. The e~rience qained in adainisterinq a co..unity development program is valuable to the State a9ency which hasn't had experience in this kind of program. The City s till h a s needs th&t could be •t with CDBG funds and it is to our benefit to a&k e &U9')eationa on PrQ9raa design to the State. The State isn't obligated to follow our suqqeationa but we have 1110re to gain and nothing to lose by making the effort. cla • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT INITIATED BY --~C~i~t~y~P~l~awn~n~l~·n~g~awn~d~Z~a~n~,~·n~g~C~a~mm~'~·~s~s.ia~n~------------------ ACT I ON PR OPOS ED Approve Final Subdi yi si on Plat of Cott onwo o d Vill INTRODUCTION AND BACKGROUND : Mr. and Mrs . Robert Bolton filed an application for approval of a ) Subdivision Plat on June 5, 1981 . The proposed subdivision is situated in the 800 block of West Quincy Avenue, on the north side of the street. The parcel of land comprises 1.26 acres, and Mr. and Mrs . Bolton pro- posed to divide the land into three single-family building sites, retaining the existing single-family structure at 825 West Quincy Avenue on the one building site. The remaining two sites would be in excess of the required minimum lot area of 9,000 sq. ft. which is required in the R-1-A Single-family Residence Zone District . The two interior lots will be served by a privately-maintained access road extending north from West Quincy Avenue. The Planning and Zoning Commission held a Public Hearing on the Preliminary Plat of the proposed Cottonwood Village Subdivision on July 7, 1981. The Preliminary Plat was approved by the Planning Commission on that date. The Final Plat of the Cottonwood Village Subdivision was considered by the Planning Commission at their meeting of September 9, 1981, and was approved and recommended to City Council. RECOMMENDATION : The Planning Commission approved the Final Plat of the Cottonwood Village Subdivision, and referred said Plat to the City Council for the approval of that body . • I • • • • .. • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : September 9, 1981 SUBJECT: RECOMMENDATION : Barbre moved : Tansuma seconded : Cottonwood Village Subdivision The Planning Commission approve the Final Plat of the Cottonwood Village Subdivision , and refer said Plat to the City Council for their approval . AYES : Carson, Draper, McBrayer , Pierson, Senti, Tanguma, Barbre, Becker NAYS : None ABSENT : Allen The motion carried . By Order of the City Planning and Zoning Commission . • ., I . • STAFF REPORT Page -1- STAFF REPORT RE: • • - Cottonwood Village Final Subdivision Plat. DATE TO BE CONSIDERED: Septemb er 9, 1981 NAME AND ADDRESS OF APPLICANTS: Robert D. and Ann L. Bolton 82 5 West Quincy Avenue Englewood, Colorado 80110 NAME AND ADDRESS OF PROPERTY OWNERS: Robert D. and Ann L. Bolton 82 5 West Quincy Avenue Englewood, Colorado 80110 RELA TION OF APP LICANT TO REQUEST: Owners of subject property. ADDRESS OF PROPOSAL: 825 West Quincy Avenue LEGAL DESCRIPTION: SUBDIVISI ON PLAT Case /17-81 A pare 1 of land lying in the Southeast one-quarter of ·the Southeast one-qu rter of S ction 4, Township 5 South, Range 68 W st of th 6th Principal M ridian, more particularly describ d as follows: Comm ncing at th Southe st corn r of said Section 4; th nc W sterly along th South line of said Section 4 distance of 150.00 f t to point; th nc on an angl to the left of 90°00'00", a dia- t nc of 30.00 t to the Point of B ginning; thenc continuing along said coura a distance of 299.75 f t to a point; th nc on an angle to th right of 90.00'00", a distanc of 156.40 f et to a point; thenc on n ngl to th ri ht of 136"04'17", a diatanc of 39.71 feet to a point; th nc on n angl to th right of 133"55'43", a diltance of 272.20 f t to a point; th nc on an angle to th ri ht of 90"00'00", a diatan e of 185.00 f t to th Point of B innin , containing 1.2640 ubj ct to all ri hta-of-way and aa • nta of record • • I • • STAFF REPORT Page -2- ZONE DISTRICT: R-1-A, Single-family Residence DESCRIPTION OF REQUEST: • • • SUBDIVISION PLAT Case 1/7-81 Section 12-3-2 of the Englewood Municipal Code states that: " ••••• it shall be unlawful for any person to divide any realty unless there has first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Chapter." The applicants are proposing to subdivide their land, comprising 1.264 acres, into three separate lots. The existing home will remain on a .51 acre site; the other lots of 13,939 square feet (.32 acre) and 10,454 square feet (.24 acre) will be sold individually. Access to the rear lots will be provided by a 25-foot private road ending in a cul-de-sac. This road will be maintained by the owners of these lots. The private road will also contain all necessary utility easements. RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The Department of Community Development recommends that the Cotton- wood Village Subdivision Final Plat be approved. All of the conditions placed on the approval of the Preliminary Plat have been met by the ap- plicants on the Final Plat. These are: 1. A 20-foot wide easement for the six-inch water main has been extended to the center of the cul-de-sac. 2. A specification sheet of all water and sewer lines has been submitted and approved by the Utiliti s Department. 3. The r diua of th cul-d -• c has remained at th size indicated · on the preliminary plat. 4. Grading of the property has b en approved as minimizing erosion of the City Ditch. 5. Plan for th privat ro d hav be n approv d by th Engin ering Departm nt. PROCEDURE: Th Planning Commission con aid r d th Preliminary Subdivision Plat at a Public Haring on July 7, 1981. At that tim , th Coa.leeion approved th Preliminary Plat • • I • STAFF REPORT Page -3- • • • SUBDIVISION PLAT Case /17-81 Based on the Commission's approval, the applicant prepared a Final Plat. The Final Plat is now being submitted to the Planning Commission for approval. The Planning Commission will then forward the approved Final Plat to the City Council. After it has been reviewed and approved by the City Council, the Final Plat will be recorded with the Clerk and Recorder of Arapahoe County. The Plat is not officially approved until it is recorded. DESCRIPTION OF SUBJECT PROPERTY AND ADJACENT AREA: The subject property is a 1.26 acre site on the north side of West Quincy Avenue. It is part of the area that was annexed to the City by Ordinance #22 of 1955. The property was zoned R-1-B until 1963, when it was designated R-1-A. These zones are basically identical in their re- quirements and restrictions. The area immediately adjacent to the site is zoned R-1-A, Single- family Residence. The surrounding area is zoned R-1-C, Single-family Residence. The City Ditch abuts the property on the northwest corner. Jason Park is approximately one block west of the site. Improvements to th lot currently consist of a two-story frame house and a detached garage. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The site is in an area designated for low-density residential develop- ment. The proposed subdivision is in keeping with this policy. COMMENTS FROM OTHER DEPARTMENTS: No negative comm nt from other departments hav be n received. Th City 's Engin ring D p rtm nt has reviewed th details of the utiliti s plan and th private ccessway , and find that th utilities as m nt and priv t stre t m t City standa rds. Th City's Fire'Marshal also approv d the subdivi ion plat on July 24, 1981. Public Servic Company nd Mountain Bell hav both approv d the proj ct for utiliti a a ccess. DEPARTMENT OF COMMUNITY DEVELOPMENT: The propos d subdivision will cr t two mor building sites that ~ t th r quir m nta of th Ci ty's Subdivision R ulationa. Th lots • I • • • STAFF REPORT Page -4- • • • SUBDIVISION PLAT Case #7-81 are in conformance .with the area and frontage requirements of the R-1-A Zone District; the private drive provides access to the lots and also contains the utility easements necessary to serve them, The Fire Depart- ment has approved the drive as being adequate for emergency vehicle access. The subdivision is in an area designated by the Comprehensive Plan for low density residential development. The proposal conforms with this goal. • 0 I • • • • - SCALE : 1" • 600' • 0 CLAYTON ELEMENTARY SCHOOL 4600 S FOX AVE • ENGLEWOOD HIGH SCHOOL 3800 S. LOGAN ST. I I I I I I ORDINANC E NO. 01 SERIES OF l98r---- • • • BY AUTHORITY COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATIO N IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. WHEREAS, City Council of the City of Englewood owns certain real property located in the East 1/2 of Section 32, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, as hereinafter described; and WHE REAS, the Writer Corporation owns the property immediately adjoining that of the City of Englewood; and WHEREAS, the parties seek to realign the property line separating these two parties' property; and WHEREAS, the value of the exchange is equal given that similar areas are exchanged immediately adjacent to one another. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Co uncil of the City of Englewood hereby approves the transfer of real proper y to the Writer Corporation pursuant to Warranty Deed a tached her to as Exhibit "A". Said Warranty Deed is in standard form with the following legal description transfer- ing property to he Writer Corporation: PARCEL 1: A TRACT Or LANv LOCATED I~ THE EA.ST ONE-HALF OF SECTION 32, TOWNSHIP ~ SOUTH, RANGE bS ~EST Oi-TnE oT~ PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE GF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLO:.:s : COMMENCIN:; AT THE EAST o:.;;::-GUART~R OF SAID SECTION 3~1 THENCE S CO :iECRi::ES ~9 11INUTES ..,0 52:'0NOS \.J, A DISTANCE OF 443 . oO FEET ALONG THE EAST L.INE OF SAID SECTlOtJ 3;J TO A POINT, SAID POINT BElNG THE TRUE POI NT OF BECIII<NINQI THE1-I:E N 77 DEGREES 13 MINUTES 0' SECPNDS w. A DISTANCE OF ~Ob . 37 FEET TO TH!: SO;.iTH LINE OF THE NORTH ONE-HALF GF THE tJORTI-IEAST CNE-QUARTE!l OF THE NORTHEAST ONE-QUARTER OF THE r~ORTHEAST ONE-QUARTER OF T:-:E NOR1 HWEST ONE-QUARTER OF THE SOUTHEAST CNE-~U A RTER OF SAID SECTI~N 32 1 THENCE ALONO SAID SOUTH LINE N 89 DEG RE ES 57 MINUTES 4' SECON DS Eo A DISTANCE OF 494 .78 FEET TO A POINT ON THE EAST LI C OF SAiv SECTION 321 THENCE S 00 DEGREES 29 MfNUTES :?0 ~·r::cONOS W ALm :o SAID ~AST LINE OF SECTION :J~. A DISTANCE OF 1l2. 36 FCEr TO TH R~~ POINT OF BEGINNING . • I • - • • • • PARCEL It . A TRACT QF LAt.iO LOCATED IN THE E.'~ST ONE-HALF OF SECTION 32, TOwNSHIP ~ SOU'(H, RANGE 68 wt::ST OF Ti-lE bTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLOR.I\DO, I'ICiRC: PARTICULARLY DESCRIBED AS FOLLOt..!S : C 'J i"'1!'1ENC I N•~ AT THE EAST O~!E-GUARTI:.R OF SAID SECTION 321 THENCE 5 00 DEGR!':::ES 29 MII'.I\JTES 20 SE~GNDS W, A DISTANCE OF 443.t:.O FEET ALONG THE EAST LINE OF SAID SECTI~~ 3~ TO A POINT1 THENCE N 77 DEGREES 13 riiNUTES '.:0~ SECONDS W, A DISTA~lCE C'F :S06. 37 FEET TO THE: SOUTH LilliE OF TH~ NORTH ~~E-HALF OF THE NORTHE~ST ONE-QUARTER OF THE OF THE r•IORT HC:AST ONE-QUARTER OF Tl-i!:. SOV1HEAST ONE-QUARTER OF SAID SECTION 3 2 ; Tr-IE~JCE N 63 DEOREES 17 MINUTES '3 SECONDS w, A DISTANCE OF .t S:J . 9;! Fi::.ET TO THE TRUE .~OINT OF BEGINNING! THENCE THE FOLLOI.IING THREE (3) COURSES AND DISTANCE S: <1 > THENCE N 63 DEGREES 17 M!N'JTES 5 3 SECONDS W, A DISTANCE OF 183.3= FEET• <2> THENCE N 89 DEGREES ~7 r1I NUTES 10 SECONDS E , A DISTANCE CF 164 .97 FEET1 <3> THENCE S ~) Dt::GREES :;o MINUTES 00 S ECO NDS ~~. A DISTANCE OF 82. 7 b FEET TO T HE TRUE POINT OF BEGI~~ING . PARCEL liJ : A TRACT OF LAND LOCATED I N T HE EAST ONE-HALF OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 wEST OF THE oTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO ,. MORE PARTICULARLY DESCRIBED AS FOLLOWS : C OMI"'ENCI!'i~ AT THE EAST Oi-'E-QUARTER CORNER OF SAID SECTION 32; THENCE S 00 DEGREES~? MINUTES 2 C SECONDS W, A DISTANCE OF 443 .60 FEET ALONQ T~E EAST LINE GF SAID SECTION 32 TO A POINT1 THENCE N 77 ~EOREES 13 ~!NUTES 0~ SECCNDS w, A DISTANCE OF '06.37 FEET TO THE SOUTH LINE OF T~ NORTH ~E-H~LF OF THE NORTHEAST ONE-QUARTE~ OF T HE NORTHEA S T C!"<E-QUAR TER OF THE S01J THEAST ONE-QUARTER OF SAID S ECTION 3 ~1 THENCE N 6 3 DEOR EES 17 MINUTES ~3 SECONDS w, A DISTANCE ()F '~1 . 5.!t FEET TO i HE TRU E POI NT OF BE OINNINO I THENCE THE FOLLOIIllNO T HREE <3 > COURSES .._NO DISTANCES : <1> T HENC E N 63 DEOREES 17 MINUTES '3 SECON CS W, A DISTANCE CF 183 .7 2 FEET1 (2) THENCE N 89 DEGREES ~o M!NUTE S 33 S ECONDS Eo A DISTANCE uF 1 b4 .86 F EE T 1 <3> THENC E S 00 DE OREES 30 I"'I NUTES 31 SECONDS W, A DISTANC E OF 8 2.7 2 F EET TO THE TRUE P OII,.T OF BEOINNINO . Section 2. In considerat~on of th foregoing transfer to Writer corporat~on, the Wri er Corpora ion shall, by Warranty Deed, transfer to the City of Englewood that parcel of ground legally described as follows: -2- • I • , • • • • PARCEL I : A TRACT a= LAND LOCATED I~ THE EAST ONE-HALF OF SECTION 32, TOWNSHIP ~ SOUTH, RANQE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : C01'1t1ENCING AT THE ~"'ST o :~E-GUARTcR CORNEft OF SAID SECTION 32; THENCE S CO DEOREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET ALON~ THE EAST LINE: OF SJIIID SECTION 32 TO A POINT; THENCE N 77 DEOREES 13 MINUTES 0~ ~ECONDS w, A DIST~E OF 506 .37 FEET TO THE SOUTH LISE OF THE NORTH CNE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-OUARTER OF T~ SOUTHEAST ONE-QUARTER OF SAID SECTION 32. SAID POINT !EINQ THE TRUE POINT OF BEQINNING; THENCE THE FOLLOWING THREE C3l COURSES AND DISTANCES : Cll THENCE NORTH 63 DEGREES 17 MINUTES 53 SECO~WS w. A DISTANCE OF 183.92 FEET; (2) THENCE I 00 DE~EES 30 MINUTES 00 SECONDS w, A DISTANCE ~ 82. 7~ FEET; (3) THENCE N 89 DECREES 57 MINUTES 45 SECONDS E• A DISTANCE OF 1o5.03 FEET TO THE TRL~ POINT DF BEQINNINO . PARCEL II : A TRACT OF LAND LOCATED IN THE WC:ST ONE-HALF OF SECTION 33, TOWNSHIP ' SOUTH, RAN GE 68 WEST OF T!-:E S!XTH PRINCIPAL MERIDIAN. COUNTY ~ ARAPAHOE, STATE OF COLOR.ltDu. 110RE PARTICULARLY DESCRIBED AS FOLLOWS : COM MENCING AT THE WE ST O'·JE-GUARTE'F\ CORNEA OF SAID SECTION 33; THENCE 8 CO DEGREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET AL~~ THE WEST LINE uF SAID SECTION 33 TO A POiNT; THENCE S 2~ DEGREES ~0 MINUTES ~6 SECONDS E. A DISTANCE OF 245 .28 FEET TO THE TRUE POINT OF IEQINNING ; iHENCE THE FOLLOWINQ FIVE (~) COURSES AND DISTANCES : C1> THENCE S 7~ DEQREES 0' MINUTES 2~ SECONDS E, A DISTANCE OF 40 •. 48 FEET ; <2 > THENCE 58' DEGREES 4~ MINUTES 23 SECONDS W, A DISTANC E OF 1~0 . ~3 FEET ; (3) THENCE S ~1 DEQREES 18 MINUTES 16 SECONDS W, A DISTANCE OF 16~. t~ FEET; (4) THENCE N 40 DEQREES 21 MINUTES 07 SECOf~DS w. A DISTANCE OF 172.83 FEET; (~) THENCE N 2' CEQREES ~0 MINUTES ~6 SECONDS W, A DISTANCE OF 64 . ~9 FEET TO TH~ T~UE PO INT OF BEGINNitQ ~MCEL III . A T~ACT OF LAND LOCATED IN THE EA~T ONE-HALF OF SECTION 32. TOWNSHI~ 5 SOUTH . ~ANGE 68 WEST OF Tr :E SlXTH PRINCIPAL MERIDIAN . COUNTY OF ARA~AHOE, STATE OF CO LORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMM C:NCI :Q AT TH EAS T O:'!E-GUART!:R CORNE R OF SAID SECTION 32; THENCE I CO DEORE£8 2• l'lrNVT!S 20 SECONDS w, A DI8TANCE ~ 443.60 FEET ALONQ T ~ EAST L I CF SAID SECTION 32 TO A POINT• THENCE N 77 DEOREE8 13 I'IINUTES 05 S£CCND w. A DISTANCE OF ~06 . 37 FEET TO TIC -3- • I • • - , • • • • SOUTH LINE OF T~ NOIHH Ot-I E-HALF OF THE NOfiiTIEAST ONE-QUARTER OF THE NORTHEAST ONE-OVMT~R Of' THE SOUTHEAST ONE-QUARTER OF SAID SECTlO.'i 32 ; THE~~E N o~ DEOR EES 17 MI NUTES 53 SECONDS w, A DISTANCE OF 3o7 78 FE~T TO THE TRUE PO I NT OF BEGINNING ! THENCE THE FOLLOWING THREE <3>-COURSES AN D DISTAN CES : <1 > THENCE N o3 DEGREES 17 MINUTES ~3 SECONDS W, A DISTANCE OF 183.78 FEET ! (2) THENCE 5 00 DEGREES 30 MINUTES 31 SECONDS w. A DISTANCE CF 82. 73 FEET1 <31 THENCE N 89 DEQREES 57 MINUT~S 10 ~CO~S ~. A DISTANCE OF 164.92 FEET TO THE TRUE POINT OF IECHNNINQ . Section 3. That the City Council o f the City of Englewood hereb y authorizes t he Mayor of the City of Englewood to affix h is signature to the Warranty Deed herein descr ibed in Section 1 and authorize s the Director of Finance, ex officio City Cle rk-Treasurer, to attest the same. The City Council of the City of Englewood hereby authorize s the City Manager and the City Attorney to prepare and deliver those documents necessary to effectuate the purposes of this ordinance. Introduced, read in full, and passed on fi rst reading on the 8th day of September, 1981. Published as a Bill for an Ordinance on the 9th day of September, 1981. Read by title and p assed on final reading on the 21st day of September, 1981. Published by title and passed on final reading on the 23rd day of Sep ember, 1981. Attest: Eugene L. Ot~s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of t he City of Engl wood, Colorado, h r by certify that the above and foregoing i a tru , accurat , and complete copy of th Ordinance p ssed on fin 1 r ading and published by title as Ordinance No. , S riea of 198 • Gary R. Higb e -4 - • I • - , ORDINANCE NO. ~1 SERIES OF 198~ • • - BY AUTHORITY COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. WHEREAS, City Council of the City of Englewood owns certain real property located in the East 1/2 of Section 32, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, as hereinafter described; and WHEREAS, the Writer Corporation owns the property immediately adjoining that of the City of Englewood; and WHEREAS, the parties seek to realign the property line separating these two parties' property; and WHEREAS, the value of the exchange is equal given that similar areas are exchanged immediately adjacent to one another. NOW, THEREFORE, BE IT ORD~INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. City Council of the City of Englewood hereby approves the transfer of real property to he Writer Corporation pursuant to Warranty Deed attached hereto as Exhibit "A". Said Warranty Deed is in standard form with the following legal description transfer- ing property to the Writer Corporation: PARCEL 1: A TRACT 0~ LAN~ LOCATED I~'THE E~~T ONE-HALF OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE bB WEST Oi-lroE oT~ ?RINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO. MD~E PARTICULARLY DESCRIBED AS FOLLO~S: COMMENCIN:; AT THE EAST o:.:;::-llUART::R OF SAID SECTION 321 THENCE S 00 ;jECRt:ES :29 MINUTES 20 Sl:..1~0'-IOS !.J, A DISTANCE OF 443. oO FEET ALO 0 THE EAST ~INE OF SAID SECTION 3~ TO A POINT, SAID POINT DElNC THE TRUE POINT OF BECIIIcNINQI THE'-I:E N 77 DECREES 13 MINUTES 05 SECPNDS w, A DISTANCE OF ~06 .37 FEET TOT~~ SO~TH LINE or-THE NORTH ONE-H•LF OF THE I'JORT..-EAST CNE-GUARTER ~ THE I'JQptTHEAST ONE-GUARTER OF THE NORTHEAST ONE-OVARTER OF T~E NOR1HWEST ONE-QUARTER OF THE SOUTHEAST CNE-OU AR TER CF SAID SECTION 321 THENCE ALONO SAID SOUT~ LINE N 89 JJEOREES ~7 MINUTES 45 SECCN DS E, A DISTANCE OF 494 .78 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 321 THENCE S 00 DEGREES 29 MJNUTI!S :?0 :..!ECONDS 1.1 ALO:O ;Q SAID EAST LINE OF SECTION 3~. A DISTANCE OF 11.2 . 3~ FEEr TO THE R,.;;:: POINT OF BEOlNNINO . • I • - ' • • • • PARCEL It . A TRACT OF LAt.iO LOCATED W THE E.~ST ONE-HALF OF SECTION 32• TOI<.!NSHIP '5 SOUTH, RANGE 68 \oll::ST OF TI-lE bTH PRINCIPAL I'IERIDIAN, COUNTY OF "r\APAHOE, STATE OF COLORA!DO. MiJRC: PARTICULARLY DESCRIBED AS FOLLOwS: CIJO':MEr·IClN•~ AT THE EAST O:-!E-GUART~R OF SAID SECTION 32; THENCE 5 00 ~EGRSES 29 MINUTES 20 SE~GNOS W, A DISTANCE OF 443.o0 FEET ALONG THE EAST LINE OF SAID SECTI~~ 3~ TO A POINT1 THENCE N 77 DEGREES 13 riiNUTES '::•~ SECONDS W, A DISTAI'JCE C'F 506. 37 FEET TO Tt-E SOUTH LINE OF TH£ NORTH ONE-HALF OF THe NORTHE~ST ONE-GUARTER OF THE OF THE NORTHEAST ONE-QUARTER OF Tr.C. SOV"!HEAST ONE-QUARTER OF SAID SECTION 321 THE!-JCE N 63 DEOREES 17 MINUTES ~3 SECONDS w, A DISTANCE OF .tS:l. 9;! FL::ET TO THE TRUE .?OINT OF BEG:INNINQ; THENCE THE FOLLQI.IINQ THREE (3) COURSES AND DISTANCES : <1> THENCE N 63 DEGREES 17 M!~JTES 53 S~CCNDS W, A DISTANCE OF 183.3* FEET1 (2) THENCE N 89 DEQREES ~7 t1I NUTES 10 SECONDS E. A DISTANCE CF 164.97 FEET1 (3) THENCE S ~) DEGREES 30 I'IINVlES 00 SECONDS w, A DISTANCE OF 82.7o FEET TO THE TRUE POI~T QF BEGINNING. PARCEL II 1 : A TRACT OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 3~. TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE oTH PRINCIPAL MERIDIAN. COUNTY OF ARAPAHOE, STATE OF COLORADO •. MORE PARTICVLARLV DESCRIBED AS FOLLOWS : CO I'1HENCISQ AT THE E:AST o ;.-s;-OUARTe:R CORNER OF SAID SECTION 321 THENCE SuO DEGREES 29 MINUTES ~C SECONDS W, A DISTANCE OF 443 .60 FEET ALONG T~ EAST LINE GF SAID SECTION 32 TO A POINTI THENCE N 77 DEGREES 13 ~INUTES 0~ SECCNDS w, A DISTANCE OF '06.37 FEET TO TH£ SOUTH LINE OF ~ NORTH ~~-H~LF OF THE NORTHEAST ONE-GUARTE~ OF THE NORTHEAST CNE-OUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SEC TION 321 THENCE N 63 DECREES 17 MINUTES ~3 SECONDS w, A DISTANCE OF ~~1. 'b FEET TO THE TRUE POINT OF BEGINNINOI THENCE THE FOLLO\oJING THREE <3> COUftSES AND DIS"!"AI'!CES: <1) THENCE N o3 DEQREES 17 MINUTES ~3 SECONDS W, A DISTANCE CF 183.72 FEET1 (2) THENCE N 89 DEGREES ~b MlNUTES 33 SECONDS Eo A DISTANCE uF 164.86 FEET1 <3> THENCE S 00 OEGREES 3v MINUTES 31 SECONDS w, A DISTANCE OF 82. 72 FEET TO THE TR\JE POI,~T QC' BECINNINO . Section 2. In consideration of the for going transfer to Writer Corporat~on, the Writer Corpora ion shall, by Warr nty Deed, transfer to the City of Engl wood tha parcel of ground legally desciib d as follows: -2- • I • I • • • PARCEL I : A TRACT a= LAND LOCATED I~ THE E~ST ONE-HALF OF SECTION 32, TOWNSHIP ~ SOUTH. RAN~E 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: C011ttENCINQ AT THE E"AST o:~E-OUART;:R CORNER OF SAID SECTION 32; THENCE 6 00 DEQREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443.60 FEET ALON~ THE EAST LINE OF SAID SECTION 32 TO A POINT; THENCE N 77 DEGREES 13 MINUTES OS ~ECCNDS W, A DISTANCE OF 506 .37 FEET TO THE SOUTH LISE OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 32, SAID POINT BEINQ THE T~UE POINT OF BEQINNINQ; THENCE THE FOLLOWINQ THREE C3) COURSES AND DISTANCES : (1) THENCE NORTH 63 DEQREES 17 MINUTES 53 SECONDS W. A DISTANCE OF 183.92 FEET; C2> THENCE 8 00 D£0R~ES 30 MINUTES 00 SECONDS w, A DISTANCE~ 82.75 FEET; C3> THENCE N 89 DEOREES 57 MINUTES 45 SECONDS E· A DISTANCE OF 165. 03 FEET TO THE TRL~ POINT ~ BEQINNINQ. PARCEL II : A TRACT QF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 33, TOWNSHIP 5 SOI.ITH, RANGE 68 WEST OF T!-:E SCXTH PRINCIPAL MERIDIAN, COUNTY OF" ARAPAHOE, STATE OF COLOR~Du, 110RE PARTICULARLY DESCRIBED AS FOLLOWS : CO MMENCINQ AT THE WEST o··lE-GUARTP!'R CORNER OF SAID SECTION 33; THENCE 8 CO DEQREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET AL~~g THE WEST LINE vF SAID SECTION 33 TO A POINT ; THENCE S 25 DEQ~EES 50 MINUTES ~6 SECONDS E, A DISTANCE OF 245 .~8 FEET TO THE TRUE POINT OF IEQINNINQ ; 1HENCE THE FOLLOWINQ FIVE (~) COURSES AND DISTANCES : <1> THENCE S 79 DEQ RE~S 0~ MINUTES ~5 SECONDS E, A OISTAt~CE OF 406.41 FEET ; <~> THENCE S 85 DEQREES 4~ MINUTES ~3 SECONDS W, A DISTANCE OF 130 . '3 FF.ET ; (3) THENCE S ~1 DEOREES 18 MINUTES 16 SECONDS W, A DISTANCE OF 16,. 15 FEET1 (4) THENCE N 40 DEQREES 21 MINUTES 07 SECOt~DS W. A DISTANCE OF 172.83 FEET 1 <5) THENCE N ~5 DEQREES 50 MINUTES 56 SECONDS W, A DISTANCE OF 64.59 FEET TO TH~ T~UE POI NT OF BEQINNINQ ,.MCEL II I A TR ACT OF LAND LOCATED IN THE E ~~T ONE-HALF OF SECTION 32• TOWNSHIP 5 SOUTH , PIANQE 68 W ST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COl.CRADO, MORE PARTICULARLY DESCRIBED AS FOLLCWS : CO MI1 ENCl i':Q AT TH As ·r O:-!E-GUART!:R CO RNER OF SAID SECTION 32; THENCE I ~0 DEO~~EI 2• MINUTES 20 SECONDS W, A DIITAHC£ ~ 443 . .0 n: T ALONQ THE f:AST LI CF SAID SECTION 32 TO A '"OINT! THENCE N n DECMEEI 13 "INVT S 05 SECCNDS W, A DISTANCE OF 506. 37 II"EET TO T .. -3- • '• ' I • • • • • SOUTH LI NE OF THE NORTH ONE-HALF OF THE NOftTHEAST ONE-OUARTEI' OF THE NORTHEAST ONE-QUARTER OF THE SOUTI'£AST ONE-GUMTEJt OF SAID SECTION 32; T~~~E N b3 DEQR E ~S 17 MINUTE~ ~3 SECONDS W. A DISTANCE OF 367 78 FE~T TO THE TRUE POINT OF IEQINNINOI THENCE THE FOLLOWING THREE <3>-COURSES AND oiSlANCES : <1> THENCE N o3 DE~REES t7 MINUTES ~3 SECONDS W, A DISTANCE OF 183.78 FEET 1 <2> THENCE S 00 DE~REES 30 MI~:UTES 31 SECONDS w. A DISTANCE CF 82 . 73 FEET1 (3) THENCE N 89 DEOREES ~7 MINUTES 10 SECDMrS E • A DISTANC~ OF 1 .... 2 FEET TO THE TRUE POINT OF IEQINNINQ . Section 3. That the Ci ty Council of the City of Englewood hereby authorizes the Mayor of the Ci t y o f Englewood to a f fix his signature to the Warranty Deed here i n described in Section 1 and authorizes the Director of F inance, ex of fic i o City Clerk-Treasurer, to attest the same. The City Co u nc il o f t he Ci ty o f Englewood hereby authorizes the City Manager and the Ci t y Attorney to prepare and deliver those documents necessary to ef f ectuate the purposes of this ordinance. Introduced, read in full, and passed on first reading on the Bth day of September, 1981. Publ i shed as a Bi ll for an Ordinance on the 9th day of September, 19 81. Read b y title a nd pas sed on f ina l read i ng on the 21st day of September, 19 81 . P ub l ished by titl e and pas s e d on f i nal reading on the 23rd day of September, 1 98 1. Att e s t: Eugene L. Ot1s , Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl wood, Colorado, h reby ce r tify that the a b ove and foregoing i a tru , accur te, and complete copy of t he Or din anc passed on final reading nd published by title as Ordin a n ce No. , Series of 1981. Gary R. H1gb ee -4- • . . ... s I • • ,• ( r I I I I • • • • 111 .1:\1,:-.T,\;\11' ........ ! (I ~'u ~ulk Ar.:tpahoc ....... ,,,,, . .,, \\RITER <.:OlU'Ol< i'ION -It; a verne ss Drive, Englewood, CO 80112 1/§:!.:j~~ Arapahoe I "<tnlt• o rt olor11ofo, uft h,. ~t>c-o n•l rnrt · ftfw fn I (1:'1r1 f .t.. on .. ·okr til >n I ffl1f'"'tlf11 r.f ---------- QOD AND VJILU "LE CONSIDERATION -------nut.~.-.ns. n ·l jt~Hf h) th•• ... 111 I' • u ( t ht• l!«'f'On d part, lhf' rt'<'t'i pl wh•reuf t"' hcrl'by d bo~r~llll~t·,l, ,..,f~J o11. I .,:\,) l•l. fllt d by lht''f' jll't"<'lllll r1CH•!I K'tunt, b:ttltOIIII, jJ.Ht) "' th•· ""'"'J ,,, In<~ lu·•u anJ 111'~•-=ns f•ncvt•r, all th.· iolluv.m~ u flo~noJ, •llli:ih•, hlllj:'.UIOJ IIIJ:IIl ttu• • .,"'ut\ uf Jlrapahoe .. ,.J :,,.,.,._,.,.((..,,, ;~Ju, '"'"''': P reels I, II, and III ~ttach d he reto and made a part hereof. Not applicabl<>. 1 ,, ''It or.•l ll< lltrr'lt\in Anrt rrH•r•uOI\'1 rt'nuundt-r and rotma.oJt·r., tt>n~'• •••u.,• AnJ prof t a tl•~·rt"'f, .o.n.J all the! 4' 11 11th inlt•rr>~t,f'"lal"'l ~mJ •h·m:.ml •hall••"''' r11fth •• 11d J•art\-oftht• f1t1l ~rt .r llht'r 1n law nrPf'IUII),of, t. al'td to tht> .o.b•n• liafl:Aiftl'd pr"mUot!a , ••th th~ ht•rt>Jitnml!nl .nd u ppurhlnDnt',•l. Tf) II\\ E \'H TU U«tLU lh1.• lahlltrt•mlst•,. ahU\''' L-'t••tuno•,l .111d ol('.cttbc.J, ••th th~ ajJpurtt•nunn: •. ut1tu tilt~ Ita!" P4t l) ,,, tilt< .. , •• und port. hu hto!U and"" "llo:ll.) rull,'VI'I Alhi tla-anl Jlllr\) ur t h.-f~r•t ptu '·for llllll!lllll, tua hl.'ll >l, t :"•cu tt~ra , nnol admlmatratora. do-.1 rov~n"'nt, ~raul, lnartriUII , und ,.., ''"to and "'1th th" au1d party oft he aec~ml part, 1 tua h~•n o~nd a.ttans, that atth~ ttm~ohhe enaeahn.c and d•llvt'ry oft hue preaen._, he 11 well ae1aed oflhe prrnu.locl aM \" ron .,evPd, a.to vf I\)Od, 111r•, ~rfrct . abM!Iut.e and tndrfe•••hle Hlate of inhentanC'e, 1n law, an fee atrnple. an.J ha• t:uoJ nMht. full pttw .. r and lawful authont 1 to «rant, bar1a1n Hll and C'OnYe1 the._ ...... 1n Man.ner and furtn ., , fort· a••l an•l that th• •ame Are-(r" anti drftr from all (nrrnr r nnfl oth•r f:TOnts, bar,.a•na, aah·•· h•·n'l. t A•rs, ... "'r•·l· ""''''"I"Hm br~nC'"'Ofwhstf"Yt·rklniiOrnJUureo-\f'r EXCEPT easements, righto of wny , nd zoning restrictions of recor,l. •ftd ""'at~" J Laqcam .. d pn,,.•••• 1n th• IIUtt<t and peaC"•al.lt> P" ••••••n or t.h• ••14 part)' ttf tho MC'On4 part, h1 a 1' h•n r• and IU.IIJrlll o~:snut all anJ ••t'rf ,..,oon •f"Pf'UCinalawfuJI\ C'la•nuP! .. or 10 e:la!M tho wh .. o or ony ,.,, thoreof, tho U1d pall) of th• f1n1 part •hall an41 ••II 'At'ARRANT At\0 t"'ORE\'ER Ot:t'ENO Tho r.tniYiar nun~a..rt· ahall an.-Jud~t th• plural tht' J•luralth•lln~•h~r, sn..l th•.ast-IJ(on)'lt ,.,,,, r •haiiiH' apphubl• to all Jrf"rwton I'\\ IT,r§.!'l \\11ERtOt' th• l'attl part) uftht' ,,,..., IMrt ha• .. reuntrt ~et h1o hatwland tea l lhe4l 111 a1~ p•ar f1111 ;atoO\• •·r•Urn CITY OF ENGLEWOOD, COLOI\J\D?".AI .I By I ~All (,.,. .. , ,, I·· Ml ••m••~•l<'ll'l'll.,,, .. ,. ~ ..... , ......... •..u...-....... , ....... _, .......... ('_ ... ,.,,, ,,, .,. &N•G••'' A'' • '' .. ·.~ I I I· I I • J • • • • 0 APCEL I : -'1 TR AC T Qi" LI>Nt. LOCATED r :·; THE E-"ST ONE-H:.LF OF SECTI ON 32. T O'-N?h IP 5 ~O VTH . R"'NCE. b9 l.o.:E ST 0 ~ 7;-i C: oT:-?RINC!P,".L MERIDIAN , CO VNTY OF ~RA?AH02, STATE Or' COLJRAD::J , 11Urt~ PARTIC L_A~LV DE:SCRIB ~D AS t=-O~L..O: .. s. C O M I ':~N CI !~G AT YHtZ EAST o :.;~-~UA R ·,~=:?. OF SAI:) SCCTION 2 2, T HEtJ..:C S CO J £::CR IZES 29 :•llt-.!U H ::S 20 S V;'tH.JDS \..1, A iJISIAr.J:i:: OF 443. oO FEET ALIJI.JG THC r!:AST LIN'S or S AID SECTIOtJ 3~ TO A POINT, S A.ID POINT DElNG TH E TI~UE I'IJ!NT Oi" OEG!IvNING: THE'CE N 77 DEG REES 1 3 MINUTE:S 05 SECON DS "' A D!S TANCE OF t;06 . 37 FEET 7 0 T""~ S O ~T H LJNE OF THE NORTH ON:-f-"l~LF Gi- THE NORT,..C:AST CNE-QUARTER OF THE ~JORTHEA ST CNE-QUARTER OF THE NO RTHSAST ONE-QUARTER OF T :-:E NORTHWEST ONE -<lUARTE.R OF THE SOUTHEAST C'NS-IlUA~TER c;::-SAID SECTI0'l 32 : TH£NCE t.LCNG SAID SOU TH LINE N 89 uE G~E!S 57 11 INUTES 45 SCCC~IDS E. A DISTANC E OF 494 .76 PEET TO A PO INT ON THE E AST LINE Oc SAiu S:CTION 3 2. THENCE S 00 DEGR EES 2? Ml NIJTC::S ::?~ :.:EC O ~JOS W ALO;-:G SAID t::AST LINE or: SEC TION 32, A OISTAN:E ;: 11.2. 3~ Ft:E r TO TtiE TP.vC:· PO t NT OF BSGi f\:iH I'IiG . P.<IRCEL It . 'I TPN.:T ;:;;:-Lf•!I;D LOCATED IN THE E.'\ST ONE-HI\LF OF SECTION 32. TOO:NSHIP '} !'CJU 'o'l-1• l'll'.t~C:! 60 ~::::sT Or TI-'E bTH PRINCI Po'•L MERIDIAN, CCUNTY Oc ,<;':I'.P r.;;c;:;:, S TAT[;; Or COLOR'IDO, 1·10n2: PARTIC ULA;J LV DESCIHDED AS FOLLO;..:S : UJ:"'"·~:=:r :c t r~-·~ AT THE EAST O~!E-GU,;Rt~R OF SAI D SECTION 32. T .. :E.NCE S 00 D":~''l!.X:l :::!'7 MHJUTES 20 SE'::Ct<DS W, A DISTANCE OF 443. ti.O FEET ALONG: THE E,!,'>T l.lr>::;: Q;: SAI D SS:CT!Otl 3:! TO A POINT• TJ'S:N CE N 77 DcC:REES 13 n!N'J TC'S :•:! S ECO"'OS w, A DISTA~JCE C'F '50b . 37 FEG:T TO Tt<=: !:>OUT~ LING: OF TH.; i:~r>T'-1 ONE-HALF OF THC: NORTHE .. ST ONE-QU AR TER OF THi;; OF TME I' .. HJJ:I\CT ONE-QUARTER OF T r.E SO\J"!HEAST 0 ~::!-0UARTER OF SAID SECTION :·;, ;,.;:; ::;: 1-1 63 DEGREES 17 MINUTES 53 SECCI'>i DS W, A DI STANCE Or '":3. '.'::! r-:.:1' TO THE TOUS: :>OHIT Or DEGIN:-.11 1\::lo TH:!NCE TH:;: FOLLO~IINQ -, ~-:::; f3> COU :<S ::3 AND DIST"'ll:CCS : 1 11 n;:.::t:: N b3 DZGREC:5 17 11!N1JT S:S ~j !':ECC:>;:J3 lJ, (I DI5TA:'CG Oi" 103. ~;, Ft::!IT• 121 THENCE N 09 Dt::CO:lECS 57 r;;,;,CSJ 10 S<:CC:>l :l3 :;;, A DiilTANCE Ci" \64.91 FGET• (31 Tko!NCE B O<J o:.:<E<:5 :c M lNVT E G 00 SECONDS ~~. A DISTANCE OF 82. 7b FEET TO THE TPUE POl"'T OF CEO III."'i!NO. PMlCEI.. ll1 : A TRACT OF LAND LO~ATED IN THE E~ST ONE-H AL F OF SEC TION 32• TOWNSHIP , SOUTH , RANGE b9 WEST OF THE bTH PRINCI P AL MERIDIAN, COUNTY OF AllAPt.•:o:;:, STATG OF COLO<'IACO •• MORG PARTICUL AR LY D:!SCRIDED A S FOLLOI;S : ~Q ;:-z•,c !!I.() AT l'HE E AST Q .. E -Gu.<\RTO::R COilii:ER CF S AID S ECTfON J2, 1-!t:NCE 5 00 OECRC ES 29 HI~'JT G S :0:0 SECONDS ~4. A DISTANCE 01" 40:3 60 Fi;;ET ALONG ~~~ EAST LINE CF SAID SECTION ~2 TO A POINTI THENCE N 77 J:GR E~S 1~ M 'NUTES 05 &ECC~DI w, A DISTANCE OF 506 .37 FEET TOT~ ~o UTH Ll~! 0? •H! NORTH ~E-~4LP OP THE NORTHEA T ONE-QUARTER OF THE NORTk£AST C~E-OVARTER ~~ THE SOUTH AST ONE-QUARTER OP SAID ~F-CTlON ~:• THENCE N 63 DECREES 1 7 MtNVTE 53 SECONDS W, A OIST~NC IJF '55 1 . !I~ FG:E T T O THE TR US: POINT Qpr DEQI N'llNO I THENCE THE FOL L O\ol lf;Q THR.::t; 13 1 COV:l-ES AN!> Dl ·I'~.C ES 111 THEI<CE N b3 DEGR EES 17 MI NUTES 5 S":C O• [)9 U , A DI S TANC E c :: 183.72 FEET• 12 1 THENCE N e9 D'Z C:lCES '>6 ri!tNTI:'3 '33 SZC0':03 c;;, DISTANt CF 164. 01> FG:t::T 1 1::11 T h :rNCE S 00 uE C~EES JJ M I~UTES 31 SECONDS w, A DISTAN"E OF 82 72 FEET TO THE T UE I>Oio•T D" OEOIN'IJNQ .. ., E.11HIG•'i A • ~· '·• ~ ,.~'; ., r • ~~- '' :-:f . " •J ·~ I ~ .. I • • • • • • I f~l, J J~c . h '- to' td7 ,, r -4 • 0 0 I . •' l I r· , • • • • IILI;\l, S'l \l ll' Ttt •~U it-.11. 'I~"~·•·••" CITY Of WGLEI;oo: COLORJ\D Ar.:1pahoe .J<,;t,,t.•ul •. 1-•··•·· ·•t ... ru ,,, .. ,,, ...... the NR I TER t:OHPOtt TION \,., .. ,·ltnt •·to .. ,, #27 E . Inv£>rness Drive, Englewood, CO 80112 ~ I I t '"H'·'' .. , Arapahoe '' "'''ll' flf f olorn•tn, c f 1 ht> 'lt"t"On•l part \\lr'\t-:.;"if-'TII.Th•••n•· •d!t~·t •f ll•t·f•r•tr•rt f-·•·•' nn •l·r .• tt·n•·f•lu·~'"''''' ---------- TEN DOLL/IllS f,ND OTHEil GOOD AND V/\LU." '·I,C CONSIDCRJ\~'lON ------.,M·t:,n'<. tv the ~·1111 pat I)' CO( tlw flr!lt p.tll In h:.n·ljh6t<l h) lht' ... u-1 f' • ""'""!;f'd :lR1I ;lf•l.n n\\lf•ll~f' I I:Q""I!'f,'l~h·l t.:uJt,l:/11·1, .. u/,/ . .11 '' u( tht• lt"tond pa rt, tht" rt'f"f'tjtl wht•rt-Of '"' herl'by ;\• )1·.J, .uuJ II)' tlwaf" IJfl'li<'IIIJI flot•J ~rant , h"r~a1n, .. dJ, •Uil\t\' tuul C'ou.futn, Ulll" tht· 1111•1 p,Ut) '" tl11· '''"'hi 11. Iii" 1..-tr• unJ a .... ,l:lllt fut,•\,·r, :all tht• IOIIU"In(o! oh "t tlbt•d IuS vr l•.tltt:l S •·ll .. iuJ, ttuato· hlltJl_.,, I .ua: 1111 h .. 1 uut~t•·ur Arapahoe .. uJM..~t ..... ll: ..... J .. ,,.,.,.,, P~rc cls I, II, a nd Ill attached ~e reto and made a part hereof. Not applicabl . TfJf,t"'n lfU .., 'hall and "'ruut .. r thf' hf'rrJ,t,.mt ut. IIUJ .. ; .... rt uan. ,.,,.," .. ''• b.l<>nco.,.. er1n an,_. .. •""'"r t~t·tl'll)! :w•t th 11 •rrro~un anrl re·tf'T"'!Ot•~ n•n•allodrt and,.,,. a aJ~ u. '' nu.. ·~-•n·• an.l'" ( ta tl ... r"r aJW •It th • 'oil· t•:·:lt.ltlk mlt•rt''il,C'hUmoltH.IJo-nUlt\tl•h•t,.,.,,-,,·u(\)-:tt•tpart•·.tttlrfontperl,f'tth rtft •• , ..... ._,, M tn und t n tht' Abtl\C' llar,::-atnrd prt'mtr.t:ll, ••th 1ht: h,-rl'JttamnH n·I•PI•urttona••n 10 II\\ E A'UTU IIIILO tht• a:u•ll tt·mtw,. o~bon, l,,.,, "'"" .1.1 ,.; ol,.tnbc·J •lib lht• apfklt h·n•• j r ti t .. u.. WI ,,_. h t•f tl ... o·ouu-.1 !tan, huo h"ll• tuul _. ~•tr"" r.,, ,.,,., Au..t t o~t..J .,.u l> .,( tltt· (~r t j)At t , fer ,,, .... .,..u , t"a •••••• , ld'l'llh>u, nrhllldn.uuttlat ors. do.tNv~n~~ont li:lofl•l. biir"J"IIIH. 11 ola• htand ""''''' theo ••MI ,artt•flktl' ...-, ... J ,.n h11 ht>lfl .Jnd au-ana, that at thtl' hm.-eftha •nattahn« and drh v r1 11(lMH ,,....,.nta.lw 1a weU ... ...-.,,..., ,......,, • at •nr •·4nvt:v"d, lh o r~. awn•, p.r(.-c.·t ab-.olu ta an4 utdf'fPaa .• .-.-lat. ef1nhcnta~ "'law '" '" ••• ... •.•114 ha• r-~·1 roche . full Pf"w .. r and la.,.ful awthon11 ta «raftt.. bar•••" •f'll aNI ~ ... ,. th.e •••c ,,. ,._.,..,. .. , .,.,.. ,.,..,. a n fo11 · a..t arul that tht1 ,..,.ear"' frH an·l d.-' ,,... .. an'"" r aft•t f•tfwr llr"ant.. b rr••••· aalf'to . "• t ...... "'' , .. ""'''""'''"b'"""' .. •f•hatf>'"'""'"''•• natur"' EXCEPT ease.menta, r qhla of wny , and zon1nq rcstr~ct1ons of recori. afMI tb• tobeH..f t..•~•·•·---d r" ... ,. •• '" tht.-t,,,, ... , and ,.a c .. ..,L ..... ..,_ ar th• ••"' INTI)' flo( U•• IH!t9ft4 rart, h•• h.,'" arttl ••• a•·• caunt all an.J .,""'" poora.n v.· tM nen ... la•f '"'" '"'"lfAr ta ~I aiM lht> whel• ar aft)' ttert th#r-•f, th. N•d .-.u) af tto .. fuat part •hall anti ••II Yt \RRA~T A'H ,.~O R I:\ ER OEI>·t~NU Tha ••n.-wlar ,..,,..a..,, ~~oha.ll ,,. ,.._,, 1hf'rl·•ral th .. l·lw•alth.•••hlfl••u•ndth•·w• ..... l•ntlf'-• 'r h•llll4"•pplt.-ablflta•lllt'trwfo:u I'\\ IT'\ f.:. "l \\llt.RW,. thf' "••.J part> vr th• r.r-.,t 11111l h•· r••mte ~t h•• hand an4 Mal the-4•r •NI >·•uftnt ... ""\' ..... ,."" CITY 01' ENGLEWOOD, COLORAD?,,rA If By ISLAll (Wit t•f I· ... ~~r~ ..... , ....... - ,, I I ! I t t '• tl!\ ••ruo"ltl•ltl• I jllrMf••-11"•• .. • .,,. ltt41t-1lltr llk>•~•rr...., .... d.TJ I.olll t •'- t\ ,, Exo-uQn A .. J :, ' . ; ~ •' ~ . ,. ;. .j I • • • • 0 ADCEL I : A TRACT ~;:-!_P.N t, LOCATED I:"~ T HE E AS T ON E -t-J .LF OF SECTION 32 . TOL..N5M1P ~ CQUTH, R~NCE 6 9 !.\EST 0~ i ~C: o n .-?RI N C!P.~.L MER IDIAN, CCo U NI V OF AR.~PAH O C:, STATE Or" CQLORA D:J, 11 U~t: PAn.TiC L' -A~L Y :,ESCR IB ~D AS t=-OLLO;.;S. C:O!"li 11~1\!CI N G A T Y HL:. E A ST 0 >-.i::-QUART£?. OF S Al.) SEC T ION ::2; TH~IJ~L S C O :iECRl::!::S 29 ~1 li i!U f !!S 2 0 S t::':Q!-1 0 5 !../, A DISTA t~:i::. OF 443 . oC FEET AL OhiG THI:: G:AG T LIN~ Or' S AID SECTION 3~ TO A POINT, S A ID POINT BE l NG THE 1'1H.rS: POINT Or !)EG !IoN I NG; THC:'\:E N 77 DECREES 13 MINUTeS 05 SEC ONDS t~. A D!STANCE OF 5C•6 3 7 F EET 7 0 T ,_.~ S C ~T H LI N2 OF THE NO R TH O N ~-i-J,\L F G:'= THE ~JORT>'EAST CNE-GUARTER OF T HE: NORTHE AST CNE -GUAR TER OF THE NOR TH!::AST ON E-QUARTER OF T :~E NORlHWSST ON:O:-ClUART E R OF THE SOU THE AS T CNE -IlUARTER C::' SAID SEC T IQN 32 : THENCE tLCNO SAID SOUTH Ll tvE N 8 'i' 1iZC ~i:.Z3 57 11 I NUTES 45 S E CC ~l O S E . A Dl S T At.C E OF 494 . 78 F'EET TO A PO INT ON T H!:: E AST ~IN E Oc SAiu S~CTID N 3 2. THENCE S 0 0 DEGRE ES 2• M!N1JTl-S :?~ :.~EC G I'J OS W At..O :O :G SAID ~A S T LI NE CIF SE CTION 32 . A DfST A "-iCE 'JF' 1\2. 3 ~ FCET T O T HE TP...;C: POI NT OF O E:G H~:Ht>O. "~R CE~ I t. "' TPN:T ur l..f•· D ~OCA TE D it< T HE E.'\ST ON E -H I\~F OF SECTI ON 32. TO..:NSHI P !I r•,v·r!-1, R AN CE 6:3 ~::ZS T Or TI-'E bTH PRINC I P·'·!.. MERIDIAN, CCUNT'I 0::' I ... f..~ A:"';;:::, STA"i~ Or' C C LO K ~.O O. f·iOnC: PARTI CU L.A rt LV OESCR I DEO AS FOLLO~S : cr ..... ·;-::r:c t ,.~ AT THS EA"'T O:'•E -GUAR i'C:.R OF SA I D SEC T ION 32 . n-:ENCC S 00 ~ "~:..._:; :2 '7 rtHJ\JTES 20 S E ~CNDS W, A OISTo\N CC OF 443. oO F EET ALONQ THE ·~'>T t.I II::;: Or SAI D SECTIOII :l<:! TO A POINT; T HENCE N 77 DE(;R EES 13 "flN'J":'ra: ~·~ SC:CO~OS W, A D!STA~J CE C'F ~06 . :17 FEET TO T .... E: ~OUTH LINE: OF Th-~; 'Pr; OI<E -P.A \..1" OF TH<O NORTHE'IST ONE-0\.IARTER OF TH<O OF THE t ti'"T ONE-QUAR1ER OF T l-~ SOV1HEAST 0 ~:::::-GUARTER OF SAID SECTION oe.:":·:~<: I~ C.:l O<:OREES 17 MINUTES 53 SECCNOS W, A DISTANCE Or '.,., '.'::! F:.::O TO THE Ti1UE :>:liNT OF DEQINNir~Cl THENCE TH:O: FOI..~O<JI NCl :r -~ C:J) CCU.~£:3 fiN D D I STA.'IICC!J: < 1) n;:;:·::c;; N 6 3 DE GRC!!!J 17 11H:JTES ~~ C::::C C:~n3 tJ, 1'\ Dit;7ANCG Oi=' 1 0 :1. ~=-FS::TJ (2 ) 1 1-tE:NC £! N 0 9 o:C;"tt;!:S 57 t::;·,c::; 10 S::O:CCN!l:J E. A D ioiANCE CF \64 . 9"/ FEET; (:J l TH2N CE 8 0•) o::-::1c::!J ::c rtiNU1E!J 00 SECC OS w. A DISTANCe;; OF 60!. 76 F EET >O ·rHE TPUE PO I~T Or O EOI~~INCl . P.;RCEI.. IIJ : A TRAC T OF ~AIII O l.OCATEO i N Tf-1!: EAST ONE-H.~LF OF SE CTION :J ;;!, TO:.IN3"1IP , COUTH, r.ANGE 6B WEST OF' THE 6TH P R INCI ?A~ MER I DIAN, COUN TY OF llllAPA•:o~. ST,HE OF CO~ORA:JQ,. MOR(! PARTICU .• AR~V OESCRID EO AS FOU.OIOS • r·:":NC I!IoO AT THE t;;AST o··.Z-OUIIRTcF1 COllii:ER Cr" S A I D SECTION :J;t, lHC:NC<! !l 00 OECRCES 0!9 11 I N'.JT!!S :!C ££C ONDO !~, A O I STAN(:E OF 443 l.O r.EET AI..ONCl ~~i EAST ~lNE GF SAID SEC T I ON 3~ TO A POINT; THENCE N 77 !JCGRE!:S 1~ M"NUTES 0~ SECC~DS w, A DI S T AN CE OF ~0 6 37 FEET TO T~ '".Q UTH 1..1"1! Or ":'HE NORTH 'C'I!E -f-1 4~1" OF TH 'JR THEA 9 T ONE -QUAI'TEII 01' THE ~ORTkE A ST C 'E-DVARTER OC Tf'E SOUTHEA ~T CNE-OUARTER OF SAID ~CTION ~=• THENCE N 63 DECREE \7 M I NUTE 53 SECONDS w, A DIST~NCE r:: ''H.~!> Ft;;ET TO Tf'E TRUE ;>OI NT OF DECli N li NG; THENCE TH!i: FO!..I..QI.Jl tiO THRCE !3) COV:lEES AND OIS':'A~:CEB . 1 11 TH '·r~CE N 63 DEClPEES 17 MltNTFS 5'J ::cO•'C'S ll, A DIClTANCE CF \83 .72 FEET• 12 l THENCE N S9 DE C:>CE'l "b •IWUTES '33 S:ZC0'!03 Eo A DIST ANCE C':F 16 4 . S'> FEET; 13) TH~ICE S 00 OECREC:S 30 MI~UTES 31 SECOND S ~. A D IST AN :E CF 82 70! FEET TO T hC 1 UE I'Oi o<T 0"" DECINNiriO . • ; ( ' . ~ . i , ' •• 'I I • - ,, • • - III.I:O.i.:O.f.\MI' C I ':' ' 01' LloGLI::\~0 Ar pahoc I',. Ill '~'-"'•" ,, Lh~ hRlTJ::R l:OJUlQ: 1 ~ d lo ~27 E . Inverness Drive, Englewood , CO 00 11 2 Arapahoe J..;l:tlt••J(I f)jOcndn,(l flhf" .. I'('OM•J j'l..ltl \\,,.....,. ... ,,.-Ttl Th _I... .. r:t t ,,,,,. r.r .. , f'.trt. (,,, I ,,,, .... ,, "'"ll f•h· .,.", •·( ---------- TEN DOLLI\f:S loND OTHEil GOI"ID 1\tlD VI\T.U ." ,C CONSIDCfU\TION ------,ltnT ">n~ lvll n: ~:u•t ~ .... ·~ u( ,,,,. ''""' p.at I Ill hnn·l fl.llllll\ ,,,. ~.u I,. oft hi• lli i'I'Oiltl r•rt lht' ri'C't'lfll ••IH'tt'Vf '" ht•rt b)• ofr.,~•·d anti .u·l..co•J\IIwll!rl 1'3"l:l.o l1 t o•t l LI.H l:".lll h •I -.u hl ;1.11! •1\• )hi. ounJ L) lht•••'IH .. a.rttltll clc11 ~ JffM!ll , hur~::uu , ·do, 11•1,\ At .oJ C'" ,fll ttl, tll\lti tfu "lllol part\ t>l tho ~l luUoJ I I , Ju ,. l ... cu .lthililli .. IKil& IVI \'\lo;f , UIJ th,· f~ilu \locn.: Ufjo.U<"J 5 I•I/..1UJ , lo iiUith• I~ Uli: ;,Ill 1>1 1: 111 th" 1 "'~"'' uf Arnpahoe lolld~l"'h~u l('ul .lo.I Y,tu"ll P~rccls I, II, and III attached he reto and made a part hereof. Not applicabl ~. TlU .t r11111 ""·•h a'lanol ·•r.:••lar tlu• hNC'd.lo~nlt nts '""' ;J tlC'Il-'111 t" tlo C'""l·to ~l ·•nrH>If. or tn any•n f" •I•J"'.r IJo" l'l' Oto ·llt ''"''"'" '•'1 anrlrt 'C'f"'i«>l•• to•man•drr and r•·J! .lot~ '' nl.'.. •••uts ~noJ pr"r.t tlwrl't.(, and all lh(' ' t.tl ,rn h·rf'•l .rl o.~rm .. fld <hl!tarul•h•t.,,,.nrt•ftl. •·lp~tt~·orthrrt r'tlpart ,_.tth rtnla,warf'f1Utl) ,,(, u al"d t• thf' obt''*' Uarr••nrd ptrm'"'·'"· ••th '''" ht·rt'.lttn"''"' HI o pi•Urtc.ona nn" TO II\\ E \'liTO UUL.I> lht• tilu•lt•tt mt•t ,,!""''~ l."''' ,ull• ·• ,J •h-.oo'tiiiCJ "''th th~ iiiiP~rh·nwt 't' •. Ll i•lu lht'"' .. 'd l'.t; 1\ t•f ll.f' n •·lid ,,at I hi" I><' II • 111111 o1 •1:H h•lt·\o, /iiul II .mil"" I) ,( t !,.. fu .-1 jo ;ot t , fut loiiN't II , iua htll .. • •··•·u le>ra, :uul adnu ntstratara, d41f<a r-u.-en.utl ,;:to~ut , Utu KAlil "'' I :ur1," h.t unt.l "•th th~ a;ud P"tl)' oftht· I'C'('unJ part, haa ht •n .And aua·cn• that at thf' tam• or the ennahnlf and d""'' ry u(theH preMnta.lw t• w U M l&ecl o(th• prf'flll~• al "'~ ,. •·uf\vwv.od. a~ v( ~. ""'""· ~rf•·t 1 abwlwt• and .ndf'(~Pa ad t' a-tlale of tnherlla nt'•, tn law, 1n '""' IIMJ>Il·, anti ha• ruod r~~rht . full pr.wt~r and lawful awthGrlt)' to crant, baraa•r ell and t'onve) the aama an ntannor a,-.d '"'"~ a" n run· at•l •n•l that lh" ••'"• an• frf!'f' an•l tlf"'\t fr"m all(,, r an·l "'""' lf'"Uinl!l . b::l rra1n1 •~t.." I "" t .awf'a .t ""' '""'' "'"·'l ,,.. .. ,,nr••~fwhalt'\"f'r"•"•lnrnntur"' ,...., EXCEPT casements, righlD of wuy , nd zoning rcstrict1ons ot rccorl . anti thv •OO••~ l·••~tau.t-J t•n·,.,..,,. '" tht< quwt an4 ,....t.'._L t~ "''H''"''"' of th• ,....., .,art)'""' the~ ••rt, hta 1 1 h .. I.-. •••4 .,., ••·lllt::a•n•t allaftd .. ,...,,., prorMn vr li"·ra.ou-.lawfu· rta ... un.-•r tOC'Ia tM thtr •h~• or'"',.,., th•r....t'. th• aa1d pArt) of th4' (tnt Pll'"' •hall anti •all \1. \HilAl\T A'\U f'Oil£\ £R Ot.•••4 0 The llfi.IIWiar ftUMlter .tlaU an.-lmit•lhf'~·n·altlwol'hHalth.!l•t• .. "' 1 at .. llht Ult'o•( .. llfKt t ~ t~llllllt....tttpltrablt taall~n~lo."- 1'\ \\I r'\f..ll \\ llt.llt~u•~ th~ ·~ul part) •' t hl· r.,..., 1•~• t h a t'Urtt ot ""'' h•• hand and aeal th• t1•7 anti )f'ar '''"-' niH»\1 wr•l!,.n C tTY OP ENGLEWOOD, COLORAD?.,>.AIJ Oy tnAII J \T Ut ( ULOR..\DtJ I·· IM.ALI Tl\t•l•l!·~" ••n ltUIIh•r·t••• of'\.Q .,) I t•'-'l"'( l•lll•lh' \h........ • """'' ... ... ............. fl.~, oll"•l-II'• ...... I ,.,.1 IM•••t ......... ~tJt ... ll .,. • ,, ., •• 1. I • I J • • • - PAPCEL I: ~ IRACT Gi=' L~Nt, LOCATED !:'~ THE SAST ONE-~ .LF OF SECTION 32• TOWt6MlP 5 ~OUTH, R'-'NCE. 69 ~E:ST 0:= 7~E oT~ ?RINC!P.•L. f1ERIO!AN, COUNTY 0!=' ARAPAHDC::, STATE Gr COLORAUO. 110~t: PA"-Tl CL -A~LV :iESCRIB~D AS t='OLL..G: ... s COMI'\:::NCl!\!:) AT TI-lt! EAST o: ... ~-QUARIE:?. cr-SAl) SC:CTlON :?2o: TI-ll:.!~~~ ~ CO ::i£CR~f£S ::!9 :1INUfES 20 SE':U!.JOS \.J, A iiiSTA I\1.:~ OF 443. oO FE(!T ALOhiG THO: EAST t..lw.i: 0<' SAID SECTIOIJ 3:! TO A POINT. S AID POINT BEING THE lf<~·s POINT 0<' !l EGII•NING; TH:;:•·L E N 77 CEGREES 1 3 MINUTES 05 SECONDS 14. A I)!STANCE 0<' 506 3 7 F EET 70 THE: SQ;.TH LI N<: OF THE NORTH CINE-H•'LF G" THE ~JORT>'EAST ONE -QUARTER OF THE NORTHEA ST ONE-QUARTER OF THE IORTHS:AST ONE-QUARTER OF T:..;E NOR1r<WEST ONE -QUARTER OF THE SOUTHEAST CNE:-OUARTER Of' SAID SECTIQ~l 321 THENCE t.:..CNO SAID SOUTH LINE N 8i' ii SCilEZ3 '57 1111\:UTES 45 SECC~IOS E. A OISTA r.~E OF 494 .78 <'EET TO A POINT ON THE EAST LINE Oc SA!u s:CTION 3 <:!; THeNCE S 00 DECREE S 2? MlN1Ji'C::S :?0 :..·ECCiNOS W ALO:-:G SAID t::AST LINE OF SECTION 32. A DISTA~CE 'J<' 1\2. 3~ F•:Er TO Tt-iE TP.._c:· POINT OF OEOI II::H NG . PARC EL I!. '\ T f10:T Qi' 'f•:I.D LOCATED W THE E!\ST ON E-H ,:_F OF S ECTION 32. TO..:NSHIP ') '"C!U "il ·l, RAr~C E 60 ~:EST Or TI'E 6TH PRINCI P.!.. 1'\ERIDIAN, CC\.11\:TV o:= .-~~1'.?1'.!-i ::iZ, !::II'. IE Or COLO~'I::JO, 1-:o;;c: PARTIC ULARLY OESCR IDEO AS FOLLO,.'S .•_:-.,.··::.r:c t ~ AT THE: EAST 0"E-QUARIC:.R Oi=' SA Jr) SECTION :12. Tf-:ENC t:: S CO ::...,~::._J :>'7 MINUTES 20 SECC.'<DS W, A DIST ·~c OF 443. oO FEET ALONQ THE :-• .T 1.11\::;; Or SAID SECTI0tj :10! TO A POINT I Tt"ENCE N 77 DECREES l:l '1N'J\r3 ~·~ s~CO"i:lS w. A DISTA1'1CE C'F 506. :J7 FEET YO Tt-15: 5 0UTH LIN!: OF ~:.: I • .,~ CUE -t-1.\LI" OF THi NORTH£ .. ST ON£-G ~ARTER OF THE OF THE I "HI-!-~.~T Q. E-GJAR1ER OF T .• i. SO\I!~EAST O~:Z -G\JARTER OF SAID SECTION ::-, T,._:;::O: •• 6:1 Di:.:-EES 17 MINUTES 53 S EC ONDS w, A DIGTANCE OF '~:: ~= ;:-;:::T 1·:: TF!: TrUE ~:I HIT OF DEClN'IU~~~ THENCE THE FOLLO'lltJQ --::; I ) CCU.~S:3 D OICTA!I:CC:9 I 1) TH: .• :E N 63 DECREES 17 11!N".JT !':S C:l CZC C: .. :J:i LJ. " OI~7p.:-.:c · Otr 103. !~ F~• <2> THENCE N 09 O~G:u;:s 57 t: ;~·::-a 10 s-ec )3 E• A DlaTANCE Cr \64.97 FEET• 13) Tt"C:N CE S 0') ::.::<E::!l :o MWVT E 00 C:O D w, A Dl~TA:I E OF BOZ . 76 FEET TO THC T!>UE POl T F IIC:Ol INO. PAACEL. IU · A TRACT OF LAND LOCATED I T~E E A~T 0. E-~\~F OF SECTION ~~. TOWN3~1P 'I 50\JIH . ll"-'lCZ 69 hEST OF THE o7_. PRINCI F'. L MERIDIAN. COUNTY OF ~n~PA~O~, S TATE OF COL~AtO •• MOP= PARTICv .ARLV a=SCRIOED AS FOLL~S .::c.r-o ·z 'Cl'-V AT THE eA T 0 .!-0U RTER CO.~II:-A CF SAID 6ECTrON 32. THCNCC: 0 vO DECREES :<!9 MI. ''JT . ~o tECONO 1 j, A DISTANC • 01" 4~3 t.\l FEET ... L.a 0 ~~-EAST L.lNE ~F SAID SECTION ~ TO A POINT I THENCE N 17 JCCRECS 13 ~"NUT£8 05 ECC~JS w. A OlBTANc OF 506 37 FEET TO T~ ro UTH Ll"'i! OF ""HE hORTH C"'--I"ALI' "" THE RT A T ONE-OUAIIT R OF THE I'IORTk!AST OIIIE-GUAIITER 0.,. T~! $0\.ITICA T ONE-GUAIITER 01' ID SECTION ~:1 THENCE N 63 DECREE 17 KIHUT S 53 ECONOS W. A DI T~NCE o;::-5~1. 5!> FI!ET TO T~E TRV POINT OF DEOI IN01 'OaNCE THS: FO!.LOWWO THREE 131 COV:l£6:5 llND DIS~IIM:ES . 111 TH . ~·C E N 63 DEOREIL!I 17 MINUT ES 5 S":CO.'IIC9 U, A DtGTANCE CO: 183.72 FEETI 12 ) THOICE N 69 DCCO :lE!;"' '!>6 fi!N UTEco '33 S:!CO'IID [!, A DISTANCE C.,. 164.9 FEET1 13l T~El\ICE S 00 JECREO:S JO M I~UTEB 31 SE~ONDS W. A DlSTA~ E CF 2 72 PEET TO THE TR\JE POl.-T 0.-DEC:INNINO • ,, . ' ·~ r ' •. ;1 ."} ,, I . • ORDINANCE NO. SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-BUSINESS SALE". WHEREAS, the City of Englewood deems it necessary to require a deposit from businesses which are defined in Title IX, Chapter 6, Section 31, for guaranteed receipt of final sales tax payment which results from the end-of-business sale; and . WHEREAS, the purpose of this deposit is to insure the payment of the Englewood 3% sales tax required by Title XIII, Chapter 4, Section 2, and Title XIII, Chapter 4, Section 3, of this Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the following language be added to Title IX, Chapter 6, Section 35: THE APPLICANT SHALL ALSO DEPOSIT WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO 3 OF THE RETAIL VALUE OF THE GOODS TO BE SOLD. ADDITIONAL INVENTORY APPROVED FOR SUBSEQUENT INCLUSION IN THE SALE SHALL BE SUBJECT TO THE ABOVE J DEPOSIT. THE DEPOSIT MAY BE IN THE FORM OF CASH OR A BOND ACCEPT- ABLE TO THE LICENSE OFFICER. L!CENSEES FAILING TO COMPLY WITH THE SALES TAX FILING AND PAYMENT PRO- VISIONS OF TITLE XIII OF THIS CODE SHALL FORFEIT THEIR DEPOSIT. Introduced, read in full, and pass d on first reading on the 8th day of September, 1981. Published as a Bill for n Ordin nee on the 9th day of Sept r, 1981. • I • • • • • • Read by title and passed on final reading on the 21st day of September, 1981. Published by title as Ordinance No. _____ , Series of 1981, on the 23rd day of September, 1981. Attest: Eugene L. Otis, Mayor ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. H1gbee -2- • I • • - • ORDINANCE NO. SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-BUSINESS SALE". WHEREAS, the City of Englewood deems it necessary to require a deposit from bus i nesses which are defined in Title IX, Chapter 6, Section 31, for guaranteed receipt of final sales tax payment which resul t s from the end-of-business sale; and . WHEREAS, the purpose of this deposit is to insure the payment of the Englewood 3% sales tax required by Title XIII, Chapter 4, Section 2, and Title XIII, Chapter 4, Section 3 , of this Code. NOW, THEREFORE , BE I T ORDAIN ED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COL ORADO: Section 1. That the follow i ng l anguage be added t o Title IX, Chapter 6, Section 35 : THE APPLICANT S HALL ALSO DEPOSIT WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO 3 % OF THE RETAIL VALUE OF THE GOODS TO BE SOLD . ADDITI ONA L INVENTORY APPROVED FO R S UBSEQUE NT I NCLUSION IN THE SALE SHALL BE SUBJEC T TO THE ABOVE 3% DEPOSIT. THE DEPOSIT MAY BE I N THE FORM OF CASH OR A BOND ACCEPT- ABLE TO THE LICENSE OFFICER. L!CENSEES FAILING TO COMPLY WITH THE SAL ES TAX FILING AND PAYMENT PRO- VIS I ONS OF TITLE XI I I OF THIS CODE SHALL FORFEIT THEIR DEPOSIT . Introduced, read in full, and passed on first readin g on t h e 8th day of September, 1981. Published s a Bill for an Ordinance on the 9th day of September, 1981. • I • • • • • Read by title and passed on final reading on the 21st day of septerober. 1981. pUblished bY title as ordinance No.____-' SerieS of 1981, on the 23rd daY of september, 1981. 1, Ga<Y R· Rigbee. eX officio citY clerk-Treasurer of the citY of Engle•ood. coloradO• herebY certifY that the above and foregoing is a true. accurate and complete copY of the ordinance passed on final reading and pUblished bY title as ordinance NO·------· series of 1981· ex o ~c~o c~tY C er -Treasurer GarY R. Higbee -2- • I • • - • • • • Read by title and passed on final reading on the 21st day of September, 1981. Published by title as Ordinance No. on the 23rd day of September, 1981. , Series of 1981, Eugene L. Ot~s, Mayor Attest: ex officio C~ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. Higbee -2- • I • • - C 0 U N C I L DATE September 17, 1981 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 7 B SUBJ EC T Council Bill No. 76 -Going Out of Business Sale INITIATED BY Guy R. Higbee, Director of fi na nce ACTION PROPOSED __ ~P~a~s~s~C~o~un~c2i~l~Bui~l~l~N~o~.~7~6---------------------------- • BACKGROlJCD The request for this a.ena.ent to Title IX is be ing made to assure the City receives sales tax collected by businesse s which have stated their intention to go out of business. I wish to po in t out the City staff in no way wishes to i.pose an undue hardship upon a business that is possibly already in financial difficulties. The idea f or the sales tax deposit was conceived fra. past experience in having bus inesses skip out and failing to pay sales tax. The current procedure requires a business to obt ain a "Going Out Of Business" license prior to announcing the inte nti on to do so. The addition of a sales tax deposit in the Code wo ul d help assure the City receives the tax collected. Unfortunately, bu si ness reality sometimes gets in the way of business ethics when a bus in s s is not making a go of it. In order to address Council's concern of not placing an undue hardship on an already floundering business, possibly t he following procedure could be wr itten into Council Bill No . 76 prio r to adoption. In effect the procedure would allow the licensing officer the latitude of auditing the businesses' books on 1 weekly basis and collecting the sales tax due the City fra. sales transactions that had al ready transpired. RECOfoi4ENMTIOt4 Pass Cou nc il Bill No . 76 with a.eno.ents. • I . - • ' • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 19 8-1--COUNCIL BILL NO. 69 INTRODUC~ BY COUNCIL MEMBER 'jJ) A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title I, Chapter 7, Sections 1 through, to and includ1ng 7, of the E.M.C. '69, as amended, relating to rules of procedure before hearing bodies of the City and providing for appeal therefrom be amended to read as follows: 1-7-1: PURPOSE AND APPLICABILITY The purpose of the rules of procedure contained herein is to provide a uniform, consistent and expeditious method of procedure for the conduct of all hearings held before the City Council, or any board, co~~ission, or official of the City. The provisions of this chapter shall be applied uniformly in all such hearings; provided, however, that any board, commission, or official may supplement the provisions of this chapter by the adoption of further rules of procedure not inconsistent herewith. All rules adopted to supplem nt the provisions of this chapter by any board, commission, or official shall be reduced to writing and copies hereof shall be made available to the public. Nothing herein contained shall be construed or interpreted to grant to any person a right to appeal to the City Council or o any board, commission, or official of the City, or to have a hearing before the same, unless the provisions of he City Charter, any applicable State statute, or oth r ord1nance, grants such a right, the sole purpos of thi ch p r b inq to est blish procedural -rules for hearings o h rwi requir d by he provision of other laws. 1-7-2: (a) DEFINITIONS As u ed in this chap r: (1) A lllift · r iv~ HEARH1G body sh 11 mean the C1ty Council or ny bo rd, commission, or o fic1 1 o th City . • I • • • • • • • (2) C lerk shall mean the City Clerk or the secretary of any board or commission or other appropriate official. (3) Appl icant shall mean the petitioner, appealing party, or complainant. (4) Opponent shall mean any person in interest opposing the applicant. (5) Aggrieved person shall mean any person having a direct and substantial interest in the outcome of any quasi-judicial hear- ing, or any person having a right of appeal therefrom by virtue of any Charter provision, State statute or ordinance. (b) Department Heads or authorized officials of the City, or the City itself, may be applicant or a respondent, or an aggrieved person as the ca se may be. 1-7-3: NATURE OF HEARINGS (a) Quasi-Judicial He a r i ngs. The provisions of Section 1-7-7 hereof shall be applicable only to those hearing s where the adMinieeraeive HEARING body is ca lled upon to exercise a power of a judicial or quasi-judicial nature, which, for the purpose of this Chapter, shall be deemed t o eensiee eniy e£ I NCL UDE, BUT NOT BE LIMITED TO, th following: ~ . ~ .~LuiAI . ~-c..- (1) Hearings before~~one1l upon applica- t~on for th issuance, or hearing s for the suspens~on or revoc tion, of liquor or ferment d m lt beverage licens s; (2) HEARINGS BEFORE CITY COUNCIL upon ordinances wh~ch zon or re-zone realty; ORDINANCES WHI CH anne xat ien ANNEX erdinaneee PROPERTY TO THE CITY OF ENGLEWOOD; and upop all i .. ( ) app ls from he dec~sions of any City offic~ 1, bo rd or commission, where such n ppe t is therwi au hor~zed BY CHA RTER, STATUTE OR ORDINANCE, and which requires n v~d n ~ ry h aring to determine such p. 1. II t1ng th n App <11 "' -2- • I • • Ht- • • • crf-the-l)epert"!fte'l~ « -BtM.-i~ -i~ e£ ti~eR ~e~~e~~~ fgr a Yariaftee er e~ee~~QR frgm ~fie ~e£m6 gf afty ere~Raftee. <4l Hearings before the Board of Career Service Commissioners upon appeals from disciplinary actions against employees. Ht- <sl Hearings before the City Council or any board OR commission or official respecting the issuanc .~, suspension or revocation of any license issued by the City, or the imposition of any assessments or penalty. (6) Hearings before other Boards or Commissions that meet the requirements of a quasi- judicial hearing as established by the Colorado Supreme Court. (b) Administrative Hearings. All other hearings before an edmifti~tretive HEARING body shall be deemed to be administrative hearings the pur- pose of which is to obta in information to enable Council to determine legislative policy or to enable any board or commission to make recommendations to Council upon proposed or pending legislation. Such hearings shall be conducted in compliance with the provisions of Sections 1-7-4, 1-7-5 and 1-7-6, and in such manner so as Lo enable any person desiring to be heard a reasonable opportunity for the presentation of his vi ws, but there shall be no requ~remen for compliance with the provisions of S c ~on 1-7-7 . (c) THE QUESTION OF WHETHER A HEARING IS ADMINIS- TRATIVE OR QUASI-JUDICIAL SHALL BE RAISED AT THE HEARING AND THE HEARING BODY SHALL RULE THERBON OR MAY ADJOURN THE HEARING FOR LEGAL ASSISTA CE. 1-7-4: COMMENCE1ENT OF PROCEEDINGS - All proc shall b Sta ut or ordin nc -3- I • • - ' • • • • the appeal within a period of thirty (35) days from the date of the decision being appealed, unless a different time for appeal is set by the Charter, Statute or other ordinance involved. 1-7-5: REFERRAL TO ABMJNJS~RA~JYB HEARING BODY Upon receipt by the clerk of any application, petition, notice of appeal, complaint, or other instrument initiating a hearing, the same shall be referred to the aeMift~~erae~ve HEARING body having jurisdiction over the matter, and a date, time and place for hearing thereon shall be set by said a~~"~~erae~ve HEARING body, which shall direct public notice thereof to be given, if otherwise required: provided, however, that the a~~n~serae~ve HEARING body may authorize its clerk to set a date, time and place for hearing upon receipt o such instrument wi thout the necessity for action by the aeM~ft~~~ra~~ve HEARING body itself. 1-7-6: PUBLIC NOTICE Pub lic notice, if required, of the date, time and place of the public hearing shall be given in the manner prov~ded by the Charter, Statute or ordinance pursuant to which said hearing is to be held. In the absence of provisions specifically delineating the manner in wh ich public notice is to be given, notice of the da e, tim , place and purpose of the hearing to be held shall be publish d once in that newspaper designated by City Counc~l as the City's official newspaper not less than f~ft en (15) days prior to the date of said hear- ing. In the event the public hearing is postponed, notice sh 11 be giv n of the date, time and place to which the h ar~ng h s be n postponed, either by causing furth r notic to b publ~sh d, s above provided, or . by publ~cly announc~ng t he da e, time and place set . ~n the or~gin 1 no 1ce of th h aring's postponement of the n w d e, time nd pl ce when nd where the post- pen d h r~ng sh 11 b held. 1-7-7 : QUASI-JUDICIAL HEARINGS ( ) -4- I • • - • • • • • (1) ~he sa~~ni~trat~en ef eaths te All parties or witnesses who appear for the purpose of testifying upon factual matters SHALL TESTIFY UNDER OATH; (2) The cross-examination, upon request of the interested parties, of all witnesses; (3) The stenographic, or other verbatim, repro- duction of all testimony presented in said hearing; and (4) WITHIN 35 DAYS AFTER A QUASI-JUDICIAL HEARING, a written decision by the hear- ing body which shall set forth the factual bases and reasons for the decision rendered. (b) Orde r of Procedure. fn an AT quasi-judicial hearings, a~ herein eeei~natee7 the following order of procedure shall be followed; HOWEVER THE PROCEDURE MAY BE MODIFIED BY THE HEARING BODY WHEN CIRCUMST ANCES REQUIRE THE ORDER TO BE CHAN GED: (1) First, there shall be presented those documents showing the regularity of the commencement of the proceedings and the due form of the public notice given. ( 2) NEXT, THE HEARING BODY SHALL RECEIVE STAFF PRESENTATION CO NCERNING THE ISSUE BEFORE THE BODY. (3) Next, the applicant 'S sha~~ presene PRESE TATIO N OF such matecial evidence, if any, as he desires. (4) The se~~n~strative HEARING body shall upon completion of the presenta~ion of the appl1cant's ev1dence, call upon any person present 1n support of applicant's position to present such evid nee and information as he may des1re. (5) Thereaf er, he aaMinistrative HEARING body shall call for the presentation of 1nforma ion nd evidence from any person present th hearing who desires to oppose the pplicat1on, p tition, appeal or complaint . -5- • I • • - • • • • • (6) The applicant shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents. (7) All documents, or other items of physical evidence, shall be marked as exhibits with such identifying symbols as may be neces- sary to determine the exhibit referred to by any witness or other person. (c) Rules of Evidence. The aami~is~ra~ive HEARING body shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof conclude is reasonably reliable and calculated to aid the hearing body in r eaching an accurate determination of the issues involved. (d) Deliberations and Ne~iee er Beeisie~ VOTE. Each aa~i~is~ra~ive HEARING body is authorized to deliberate upon the issues presented at the hearing in private, non-public sessions; pro- vided that no decision shall be effective except upon a vote of the members of the hearing body, conducted in an open session thereof.whieh shaii ee attly reeeraee *~ ~he ~i~tt~es er ~he ae~i~is ~rative eeay~ All eeeisie~s shall be i~ wri~ing a~d a ee~y er ~he s~e shail ee eeliveree te ~he applieent e~d ether i~~eres~ee perties7 vie eertiriee ~ail a~ ~he address set rer~h i~ ~he eppliee~ien; ~eti~ien; ee~plain~ er ne~iee er appeal; ttnless said deeisie~ is ~e be e~edied i~ en ereinenee whieh is pttblished by ~he pre- visiens er ~he €her~er7 er ~nieSS ~he €her~er7 Stetttte er ereinenee ~nder whieh the hearing is ee~ng eendttetea req~ires ~e~iee er the deeisien te ee given ~" a di£ eren~ ~enner~ ( ) THE PARTY WHO APPEALS A DECISION OF A HEARING BODY SHALL PAY FOR PREPARATIO N OF THE"" VERBATIM. RECORD AND EXHIBITS OF THE HEARING FRO~ WHICH THE APPEAL IS TAKEN. -tet (f) Judicial En orcem nt and Review of Decision. Any party ggr~ v d by n ed~inis~re~ive HEAR ING body in ny quasi-judicial hearing, or th C1ty itself, my pply to haves i d decision r view d by a court of comp ent j urisdiction, in ccor ancc wi h th provions therefor • I • • • • • • • contained within the Colorado Rules of Civil Procedure. ~revises ehe aeeien is eemaenees nee mere ~han nine~y ~9et says s~bse~~ene ee ~he da~e ef sais seeisien er wiehin s~eh shereer eime as may be reqaires by ehe eharterT Btae~te er erdinanee ~nser whieh s~eh hearin~ was he%dT ~he ees~ ef ~re~aratien ef ehe reeerd ef ehe hearin~ sha%% be assesses a~ains~ a~~ea%in~ par~y in the even~ ~he deeisien a~~eaied frem iS affirmed by the ee~rtT (g) In the event that s~eh ;~dieiai review results in a ;~sieiai deeiaratien setting aside or r e versing said decision, the members ef the administrative bedy whieh rendered s~eh deeisien CITY COUNCIL may take such steps as may be neces- sary to obtain an appellate review of the same, either through the institution of original pro- ceedings or through appeal. in ~heir ewn names7 in their res~eetive ea~aeitiesT as members e£ ~he administrative bedy renderin~ the deeisienT She~id any ~arty ne~ eem~iy with any deeisien e£ any hearin~ bedy7 the members e£ the administrative bedy inveived7 er the eity itseif7 may 7 i n addi~ien te any ether %e~ai remedies whteh may exist fer eem~e%%in~ eem~%ianee ~here with ; petitien any ee~rt ef eem~eten~ ;~risdieeien for the enterin~ e£ a ;~dieial decree eem~e%itn~ compliance therewithT ~etitien any ee~re ef competent ;ari sdie~ien fer the enterin~ ef a jndieial decree eem~eiiin~ eem~%ianee with said deeisienT Introduced, read in full and passed on first reading on the 21st day of September, 1981. Publish d as a Bill for n Ordinance on the23rd d~y of SeptemQer, 1981. Attest: Eugen L. Otis, Mayor ex o -7- 0 I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing 1s a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of September, 1981. Gary R. H1gbee -a- • 0 I . • • • - MEMO TO: Mayor Otis and Members of City Council Members of Boards and Commissions Englewood City Staff FROM: Rick DeWitt, City Attorney DATE: September 10, 1981 RE: Ordinance amending Title I, Ch apter 7, of the Englewood Municipal Code of '69, re rules of procedure before hearing bodies of the City and providing for appeal therefrom. In response to my memo of August 4, 1981, I received responses from a number of the Boards and Commissions of the City of Englewood as well as concerned staff members. I want to thank everyone for their responses. I appreciate the input and believe that it has resulted in a better ordinance. I would like to summarize the responses: 1. Use of term "shall" vs. "may" in 1-7-7 (b). I believe that reinstituting the term "shall" with a provision that the procedure may be modified when the circum- stances require will give sufficient flexibility to the Boards and Commissions in dealing with situations where change in order is required. For instance, where a certain witness has to leave early or where a witness was late for a hearing and the Board feels that their information would be helpful, on motion duly made, seconded and approved by the Board, the evidence could be received. 2. T he type of hearing 1-7-3. The Suprem Court has established rules as to the nature of a hearing before hearing bodies. There are legisJative hear- ings, adminis r tive he rings, and quasi-j udici al hearings. ~hose that are clearly quasi-Judicial are established in the ordinance. For the most part, the quasi-judicial hearings will fall into one of th classifications in th ordinance. In more obscure situa- tions where th re is a question , the Board can make a decision at the tim the qu stion is raised or address it to the City Attorn y 's offic for an opinion. I • • - • • • • • 3. Swear i ng in of witnesses. The swearing in of witnesses is not a requirement in administrative hearings or legislative hearings. However, it is a requiremen t in quasi-judicial hearings. It could be the policy of a Board and Commission to require testimony to be under oath in administrative or legislative hearings and there is no prohibition in the current ordinances, nor is there any proposed in this legislation. 4. Rules of Evidence. Rules of evidence in quasi-judicial hearings are applicable. There must be some basis in the record for the decision of the Board. The City Attorney's office as well as the courts understand that members of various Boards and Commissions are lay people, that is, they are not generally trained in the study of law. To rely on nonrelevant evidence or evidence that does not assist the trier of fact can have serious consequences . One, I believe that the rules of evidence over a period of time become more lax and eventually provide no guidelines to the Board. This leads to a situation where the Boards and Commissions will rely on incompetent evidence that the courts will not accept leading to a reversal () of the Board's decision. Secondly, it causes confusion of the issues; and, finally, it does lengthen the meeting to have incom- petent evidence being introduced. I know of no way to easily handle this question. The courts will handle it regardless of the basis that the City handles it. I believe that the majority rule has worked well in the pas and will work well in the future. 5. Tim period. The time period in 1-7-4 has been expanded to 35 days for the reason that certain Boards and Commissions meet once a month. It is sometimes difficult during summ r periods to obtain a quorum in a shor er period of im~. However, since regular meetings are scheduled on at least monthly b sis for most of he Boards and Commissions, s f WLll h v suffici n tim to present to the Boards nd Commi sions h ppl1 ions requiring review. Becaose it is 35-d y tim . p r1od do s n o man i cannot b done on .an emergency b is or ~s a m tt r of routLne in a shorter period of time. Par graph 1-7-7( )(4) ha also been am nded to reflect this need. 6. St ff presenta ion. S c ion l-7-7(b) h, s includ d a provision or th ing of a s aff t1on cone rning the issu before th -2- • receiv- Board. I • • • • • • I believe this is crucial to the proper presentation of an issue to the Body. The City has gone to great lengths to employ per- sons who are well trained in their respective areas and to properly present an "unbiased" presentation to the Board. I believe that during my tenure with the City, the staffs that I have seen, and this covers a broad range of areas, have always made an attempt to give accurate, true information to the Boards and Commissions so that they may make a decision. Oftentimes the Boards and Commissions are wrestling between two points of view, those in favor and those opposed, both of which can be colored by the respective positions of the parties. The staff, having nothing to gain personally by the respective views, should be better able to give an unbiased opinion. I believe this unbiased presentation should be weighed in, not under an air of emotion and conflict, but from a pragmatic, best-for-the-community situation. Therefore, I have placed their presentation in the number two spot. CONCLUSION In closing, I would again like to express my appreciation for your input. I cannot help but think that through your input this ordinance is a better piece of legislation than that delivered to you in my original memo. I will be delivering to Council the revised ordinance for their review on Se tember 21, 1981. bb • I . • • • 7 (}_ BY AUTHORITY ORDINANCE NO. SERIES OF 198_1 __ __ COUNCIL BILL NO. 69 INTRODUC~:~ COUNCIL MEMB ER.~~~~L---------A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title I, Chapter 7, Sections 1 through, to and including 7, of the E.M.C. '69, as amended, relating to rules of procedure before hearing bodies of the City and providing for appeal therefrom be amended to read as follows: 1-7-1: PURPOSE AND APPLICABILITY The purpose of the rules of procedure contained herein is to provide a uniform, consistent and expeditious method O of procedure for the conduct of all hearings held before the City Council, or any board, co~~ission, or official of the City. The provisions of this chapter shall be applied uniformly in all such hearings; provided, however, that any board, commission, or official may supplement the provisions of this chapter by the adoption of further rules of procedure not inconsistent herewith. All rules adopted to supplement the provisions of this chapter by any board, commission, or official sh 11 be reduced to writing and copies thereof shall be made available to the public. Nothing herein contained shall be construed or interpreted to gran to any person a right to appeal to the City Council or to any board, commission, or official of the City, or to have a hearing before the sam , unless the provisions of the City Charter, any applicable State statute, or oth r ordinanc , gran s such a righ , the sole purpos of this chap er b ing to establish procedur 1 rules for hearings otherwis required by the provisions of other laws. 1-7-2: { ) DEFINITIONS As us d in this chap r: (1) ~dmin ~ra iv HEARING body shall m an the City Council or ny board, commission , or offici 1 of th City. I • • • • •' • (2) Clerk shall mean the City Clerk or the s ec r etary of any board or commission or other appropriate official. (3) Appli c ant shall mean the petitioner, appeal ing party, or complainant. (4) Opponent shall mean any person in interest opposing the applic ant. (5) Aggr ieved person shall mean any person having a di rect and substantial interest in the outcome of any quasi-j udicial hear- i ng, or any person having a right of appeal therefrom by virtue of any Charter provision, State statute or ordinance. (b) Department Heads or authorized officials of the City, or the City itself , may be applicant or a respondent, or an aggrieved person as the ca s e may be. 1-7-3: NATURE OF HEARINGS (a) Quasi-Judicial Hearings. The provisions of Section 1-7-7 hereof shall be applicable only to those hearings where the eaminisereeive HEARING body is called upon to exercise a power of a judicial or quasi-judicial nature, which, for the purpose of this Chapter , shall be deemed to eensiet enly ef INCLUDE, BUT NOT BE LIMITED TO, th following:~ ~ (1) Hearings b fo ~Qewneil u ~n applica- tion for th issuance, or hearings for the susp ns~on or revoc tion, of liquor or ferm n d malt beverage licenses; (2) HEARl GS BEFORE CITY COUNCIL upon ordinances wh1 ch zon or re-zone realty; ORDINANCES WHICH en nexe ien ANNEX eraineneee PROPERTY TO TilE CITY OF ENGLEWOOD; and upop all Ht ()) app als from the d cisions of any City officlal, board or commission, where such n pp al is eeherwi e authorized BY CHARTER, STATUTE OR ORDINANCE, and wh ich requires n v1d n i ry hearing to d t rmine such app 1. II 1ng nd App -2- b for th 1 tt en tt~ of Adjustm nt ft}J i.akA 0 I • • - { • -t3t (4) Ht (5) • • • of-the-[)epfrt't:men-1:: -Q£ ~ -i~ &f ~peA ~e~~Qa~a fo~ a ~arie"ee er eK€€~~Q~ from ~fie ~e£ma gf e"y eretft&ftee. Hearings before the Board of Career Service Commissioners upon appeals from disciplinary actions against employees. Hearings before the City Council or any board OR commiss ion or official respecting the issuance, suspension or revocation of any license issued by the City, or the imposition of any assessments or penalty. (6) Hearings before other Boards or Commissions that meet the requ irements of a quasi- j udic i al hear ing as established by the Colorado Supreme Court . (b) Administrative Hearings. All other hearings before an eamifti~eretive HEARING body shall be deemed to be administrative hearings the pur- pose of which is to obtain information to enable Counc il to dete rmine legislative policy or to enable any board or commiss ion to make recommendations to Council upon proposed or pend i ng l e gisla t i on. Suc h hearings shall be c onducted in c ompliance with the provisions of Sections 1-7-4, 1-7-5 and 1-7-6, and in such a manner so a s t o enable any person desi r i ng to b e h e ard a r e asonable opportunity for the presentat i on of his views, but there shall be no require ment f o r c ompliance with the provisions of S ection 1-7 -7 . (c) THE QUE STION OF WHE T HER A HEARING IS ADMINIS- TRATIVE OR QUASI-JUD I CIAL SHALL BE RAISED AT THE HEARING AND THE HEARING BODY SHALL RULE THEREON OR MAY ADJOURN T HE HEARIN G FOR LEGAL ASSISTANCE. 1-7-4: COMMENCEMENT OF PROCEED INGS ~ All proc ed1ngs conducted pursu nt t o thi s Chapter shall be comm need in h manner provided by the ,Charter, Statute or ordin nc gov rning th matter. I n any proce d1ng 1nvolv1ng h ppeal of a decision of a City official, board or comm1ssion, th appeal p r ocedure shall be comm nee by he 1llng w1th th clerk or r cording s cret ry of th dm1nis r ativ body i nvolved of writ en not1c of pp al by ny p r t y e n ti t led to take such pp 1 upon forms to b s u pplied by the eaM*"* HEARING body having jur isdiction o ver -3- 0 I • • ( • • • • the appeal within a period of thirty (35) days from the date of the decision being appealed, unless a different time for appeal is set by the Charter, Statute or other ordinance involved . 1-7-5: REFERRAL TO ABMiNiS~RA~iVB HEARING BODY Upon receipt by the clerk of any application, petition, notice of appeal, complaint, or other instrument initiating a hear ing , the same shall be referred to the adMini~trative HEARING body having jurisdiction over the matter , and a date, time and place for hearing thereon shall be set by said adm~n~~tr at~ve HEARING body , wh ich shall direct public notice thereof to be given, if otherwise required; provided, however, that the adm~n~~trative HEARING body may authorize i ts c lerk to set a date, time and place for hear i ng u p on rec eipt of such instrument without the ne ce ss i ty for action by the adm~n~~trat~ve HEARING body itself. 1-7-6: PUBLIC NOTICE Pub l i c notic e, if r eq uired, of the date, time and place of the public h e aring shall be given in the manner prov i d e d by the Charter, Statute or ordinance pursuant to whi c h said hearing is to be held. In the absenc e of provis ion s spe ci f ically delineating the manner in whi c h publi c notice is t o be g i ven, notice of the date , t i me, p lace and pu rpose o f the he a r i ng to be held shall b e p u bl i shed once in that news p aper d e signated by City Co un ci l as the City 's o f ficial n e wspaper not less t han fifteen (15) days prior to the date of said hear- ing . In the e v en the publ1c h ea r ing is postponed, notice shall be given of the date , time and plac e to which the hearing h s been postponed , either by c ausing further no ice to b published , s above provided, or by publicly announcing the date , time a nd place ~et · in the or1gin 1 not1 ce o th hearing 's postponement of the new da e, tim and pl ce wh en a n d where t h e post- pon d he ring shall be held. 1-7-7: QUASI-JUDIC IAL HEARINGS ( ) R1 h s of Al l qu si-j ud icial as h reinabov d sign ted, s hall be und r THE FOLLO WI NG proced u res : -4- ai l n re e~ part*ee ~~e ha l i T ~" ai l ea T prev*~e 0 I • - • • • • (1) ~he aa~ifti~era~ieft e£ ea~hs ee All parties or witnesses who appear for the purpose of testifying upon factual matters SHALL TESTIFY UNDER OATH; (2) The cross-examination, upon request of the interested parties, of all witnesses; (3) The stenographic, or other verbatim, repro- duction of all testimony presented in said hearing; and (4) WITHIN 3 5 DAYS AFTER A QUASI-JUDICIAL HEARING, a written decision by the hear- ing body which shall set forth the factual bases and reasons for the decision rendered. (b) Order of Procedure. ift aft AT quasi-judicial hearings, a~ hereift ae~i~ftaeea7 the following order of procedure shall be followed; HOWEVER THE PROCEDURE MAY BE MODIFIED BY THE HEARING BODY WHEN CIRCU MSTANCES REQUIRE THE ORDER TO BE CHANGED: (1) FJ.rst, there shall be presented those documents showing the regularity of the commencem nt of the proceedings and the due form of th public notice given. (i) NEXT, THE HEARING BODY SHALL RECEIVE STAFF PRESENTATION CONCERNI NG THE ISSUE BEFORE THE BODY. (3) N x , he pplJ.cant'S hall preseft~ PRESENTATION OF such material evidence, J.f any , as h desJ.res. (4) Th a ~!:ft!: upon compl (5) Ther body J.nform present h ppltc -5 - 0 I • - ( • • • • (6) The applicant shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents. (7) All documents, or other items of physical evidence, shall be marked as exhibits with such identifying symbols as may be neces- sary to determine the exhibit referred to by any witness or other person. (c) Rules of Evidence. The adm~"~serae~ve HEARING body shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof conclude is reasonably reliable and calculated to aid the hearing body in reaching an accurate determination of the issues involved. (d) Deliberations and Nee~ee ei Bee~s~e" VOTE. Each adm~"~serat~ve HEARING body is authorized to deliberate upon the issues presented at the hearing in private, non-public sessions; pro- vided that no decision shall be effective except upon a vote of the members of the hearing body, conducted in an open session thereof.wh~eh shaii be ~~iy reeer~e~ ~" the ~~"~ees ei the adm~"~e erae~ve be~y~ All ~ee~s~efts shall be ~" wr~e~ft! a"~ a eepy e£ ehe s~e shall be ~el~vere~ ee ehe appl~ea"t a"~ ether ~"teresee~ pare~es7 v~a eere~£~ee ~a~i ae ehe a~~ress see £ereh ~ft ehe appl~ea ie"7 pet~eie"T ee~plai"t er ftee~ee e£ appeal; ~"i ss sa~~ eee~s~e" is te be eMb~~e~ *" a" ereifta"ee wh~eh ~ p~bl~shee by ehe pre- visiefte e£ ehe €harter7 er ~ftleee the €hareer7 S tat~te er er~~"a"ee ~"eer whieh the hear~ft! ~e be~ftg ee"e~eted re~~~re ftetiee e£ the eee~s~e" te be g~ve" ~ft a ei er "t ~a""er ~ ( ) THE PARTY WHO APPEALS A DECISION OF A HEARING BODY SHALL PAY FOR PREPARATION OF THE'" VERBATIM. RECORD AND EXHIBITS OF THE HEARING FROM WHICH THE APPEAL IS TAKEN. -tet (f) nd R v iew of Decision. y n ae~i"~ tra ~ve u si-Judici l hea r ing , or p ly to h ve s id d ciaion comp en JUr~sdictio n, provions therefor 0 I • • - • • • • contained within the Colorado Rules of Civil Procedure. ~revided ehe ae~ien is eeMMeneed net mere than ninety ~99t days s~bse~~ent to the dete of said deeisien or within s~eh shorter time as may be re~~ired by the eharterT See~~te or erdinanee ~nder whieh s~eh hearin~ wee held..- ~he eest of ~reparation of the reeerd of ~he hearing shall be assessed egains~ a~~ealing par~y in the even~ ~he deeision a~~ealed from is affirmed by the ee~rt..- (g) In the event that s~ch ;~dicial review results in a ;~siciel declara~ien setting aside or revers i ng said decision, the members of ~he aeminis~ra~ive body which rendered s~ch decision CITY COUNCIL may take such steps as may be neces- sary to obt ain an appellate review of the same, eith e r t hrough the institution of original pro- c e e dings or through appeal. in their own names7 in their res~ective ea~acities7 as members of the aeministretive body renderin~ the deeisienT She~ld any ~arty net cem~ly with any deeisien of eny hearing bedy7 the members of the edminis~rative body invelved7 or the eity itselfT mey7 in addition to eny ether le~al remedies which mey exist for eem~ellin~ cem~liance there- wi~h7 pe~itien any ee~rt of eempeten~ ;~risdictien for t he entering of a ;~dicial decree cem~ellin~ compliance therewith, ~e~i~ien any ce~rt of competen~ ;~risdictien fer the enterin~ of a j ad±c±ei decree eempellin~ eem~lianee wi~h eeid decision..- Introduced, read in full and passed on first read i n g on t h e 21st day of Septemb r, 1981. Published s a B~ll for an Ordin nc on the23rd d~y of SeptemQer , 1981 . Attest: Eu gene L. Ot1s, Mayo r ex o -7- • 0 I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing 1s a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of September, 1981. Gary R. H1gbee -8- • 0 I . • • • MEMO TO: Mayor Otis and Members of City Council Members of Boards and Commissions Englewood City Staff FROM: Rick DeWitt, City Attorney DATE: September 10, 1981 RE: Ordinance amending Title I, Chapter 7, of the Englewood Municipal Code of '69, re rules of procedure before hearing bodies of the City and providing for appeal therefrom. In response to my memo of August 4, 1981, I received responses from a number of the Boards and Commissions of the City of Englewood as well as concerned staff members. I want to thank everyone for their responses. I appreciate the input and believe that it has resulted in a better ordinance. I would like to summarize the responses: 1. Use of term "shall" vs. "may" in l-7-7(b). I believe that reinstituting the term "shall" with a provision that the procedure may be modified when the circum- stances require will give sufficient flexibility to the Boards and Commissions in dealing with situations where change in order is required. For instance, where a certain witness has to leave early or where a witness was late for a hearing and the Board feels that their information would be helpful, on motion duly made, seconded and approved by the Board, the evidence could be received. 2. The typ of hearing 1-7-3. The Court h s stablished rules as to the nature of a hearing hearing bodi s. Th re are legis]ative hear- ings, dm~nis r tive hearings, nd quasi-judicial hearings. Those that are clearly quasi-Jud~cial ar established in the ordinance. For the mos par , the quasi-jud~cial hearings will fall into one of the classifications in he ordinanc • In more obscure situa- tions wher ther is a qu s ion, the Board can make a decision at the tim h ques ion is r is d or address it to the City Attorn y's offic for an opinion. • 0 I • • • • • • • 3. Swearing in of witnesses. The swearing in of witnesses is not a requirement in administrative hearings or legislative hearings. However, it is a requirement in quasi-judicial hearings. It could be the policy of a Board and Commission to require testimony to be under oath in administrative or legislative hearings and there is no prohibition in the current ordinances, nor is there any proposed in this legislation. 4. Rules of Eviden ce. Rules of evidence in quasi-judicial hearings are applicable. There must be some basis in the record for the decision of the Board. The City Attorney's office as well as the courts understand that members of various Boards and Commissions are lay people, that is, they are not generally trained in the study of law. To rely on nonrelevant evidence or evidence that does not assist the trier of fact can have seri ous consequences. One, I believe that the rules of evidence over a period of time become more lax and eventually provide no guidelines to the Board. This leads to a situation where the Boards and Commissions will rely on incompetent evidence that the courts will not accept leading to a reversal of the Board's decision. Secondly, it causes confusion of the issues; and, finally, it does lengthen the meeting to have incom- petent evidence be ing in troduced . I know of no way to easily handle this question . The courts will handle it reg ardless of the basis that the City handles it. I b e l ieve that the majority rule has worked well in the past and will work well in the future. 5. Time period. The time period in 1-7-4 has be n expand d to 35 days for the reason that cer ain Boards nd Commissions mee once a month. It is sometimes d~ ficul during summer periods to obtain a quorum in a shorter period of t~m . However, since regular meetings are scheduled on a 1 as monthly b is fo most of the Boards and Commissions, staff will h v suffici n ime to present to the Boards and Commissions th ppll c tions requiring review. Because it is a 35-day tim period do s no n it canno b~ done on an emergency bas1s or s a rna t r of routine in a shorter per~od of time. Paragraph 1-7-7( ) (4) has al o b en amended to reflect this need. 6. ion. S ction l-7-7(b) h s includ d a provi ion for the receiv- ing o a s a f pr cone rning h issu b for th Board. -2- • I • • - • • • • I believe this is crucial to the proper presentation of an issue to the Body. The City has gone to great lengths to employ per- sons who are well trained in their respective areas and to properly present an "unbiased" presentation to the Board. I believe that during my tenure with the City, the staffs that I have seen, and this covers a broad range of areas, have always made an attempt to give accurate, true information to the Boards and Commissions so that they may make a decision. Oftentimes the Boards and Commissions are wrestling between two points of view, those in favor and those opposed, both of which can be colored by the respective positions of the parties. The staff, having nothing to gain personally by the respective views, should be better able to give an unbiased opinion. I believe this unbiased presentation should be weighed in, not under an air of emotion and conflict, but from a pragmatic, best-for-the-community situation. Therefore, I have placed their presentation in the number two spot. CONCLUSION In closing, I would again like to express my appreciation for your input. I cannot help but think that through your input this ordinance is a better piece of legislation than that delivered to you in my original memo. I will be delivering to Council the revised ordinance for their review on Se tember 21, 1981. bb • I • • .. ORDINANCE NO. SERIES OF 198_1 __ __ • • - BY AUTHORITY A BILL FOR COUNCIL BILL 79 INTRODUCED BY 72.2A- AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. WHEREA S, the City of Englewood owns certain lands in the City of Engl e wood used in conJunction with the Allen Water Treatment Piant; and WHEREAS, South Arapahoe Sanitation District and Southgate Sanitation District seek to obtain an easement for sanitary sewer lines across the real property of the City of Englewood; and WHEREAS, by Ordinance No. 37 , Series of 1980, the City of Englewood and South Arapahoe San~tation District and Southgate Sanitation District entered into an agreement to provide for a permanent easement; and WHEREA S, each of the parties has fully performed their obligations pursuant to said Ordinance No. 37 , Series of 1980, and it is now necessary to legally transfe~South Arapahoe Sanitation District and Southgate Sanitation District a permanent easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City of Englewood, South Arapahoe Sanitation D~str~ct and Southgate Sani a ion District hereby enter into that document titled "Permanen Easem nt" attached her to as Exhibit A and incorporated herein by r fer nee con aining the following legal description: A )0.00 I"'OT IIIOE SNjiTAIIY I!A CM.II fiH) ~~ A POIITICN 01 UCTfCN 9, TOfNi' 5 sovnt, IlNCE 68 I«ST 01 nt! SIXTW I'IIINCI~ !DIAN, co..tm' 01 M.APWU, STATf 01 COI.OIWJO, II!INIO 15.00 I'UT CH fll'IQ SIDE 01 M tO~ OESCRIIIED COO LIN!!, ALL -INIOS USlD IN M I'OU.OWINIO UCOAL DESCiti"ICN N« MS1!D l.fiCIN TtC IOtnt- twni COO!ltLI 01 SAID UCTICN 9 II!INIO DUe IOtTH; I AT liQJTH .q.wl 01 SAID CTICN 9; I N'l9"15'22''f A DISTANCf 01 1)69.16 I'UT '1'0 1'lW( ii'OINT 01 Gli'f'411«:r TleCI ~26'2)''1t A DISTANCf 01 ~ 10 r fT; I Nll9"0b'20''1t A DISTANCE 01 U .85 l'fl'Tr MNC! N07•5S'56''W A C'I>'ANC! 01 256.17 l'ttf; ! HQII•19'20''f A DISTANCE 01166.07 l't!T1 ! NJO-S~·z-·ow A DISTANC! 01 2 •• 01 I'I!T r n«<CE N6T•51'37"W A DISTANCE 01171 .8ll'lfTr ! tf76•01'26''1t A DISTANCE 01 54 .73 r'UT r nee! N)~2)')0''1t A D!ST~~ 01 1 1(1 1 I NOO"~'l6''1! A OISTANC( 0#' 1•9. l'lfTr 1 )1 ~'It A Oln'ltC! 01 113.17 fTr I ,..,.,.2''57''11 A DISTANCf 01 s-.00 l'llf '1'0 ii'OINT Tf!!P41~ 1'101 f IOtTH 01 SAID SlCTICN 9 -~ '7'25''11 A OISTANC( 01 )166.58 r'UT • • I • • • • • • Section 2. That the permanent easement described in Section 1 hereof generally provides as follows: Grants an easement to South Arapahoe Sanitation District and Southgate Sanitation District for the purpose of construction, maintenance, repair, removal and replace- ment of a sanitary sewer line over and across the real property o f the City , including the right to excavate and to refill ditches and trenches. South Arapahoe Sanitation District and Southgate Sanitation District agree to pay any damages that may result to the City's property as a result of their use of easement. Section 3. Sanitation Claim Deed hereto. That South Arapahoe Sanitation District and Southgate District shall deliver to the City of Englewood a Quit generally in the form as found on Exhibit B attached Section 4. That the Mayor of the City of Englewood and the D1rector of Finance ex officio Clerk-Treasurer are hereby authorized to affix their signatures for and on behalf of the City of Englewood and accept the Quit Claim Deed in return for the grant of the ease- ment. Introduced, r ea d i n f ul l , a nd passe d on first reading on the 21st day o f Septembe r, 1 9 81 . Pub lis h e d as a Bill for an Ordin a n ce on the 23rd day of September, 198 1. Eugene L. Ot1 s, Mayor Attest: ex off1c1o C1 t y Cle r k -Tr eas ure r I , Gary R. Higb ee , e x of f icio Ci ty Clerk-Treasurer·of the City of Engl ewood , Colo r ado , hereby ce rtify that the abov and foregoing is a r ue , ccur te and compl e t e copy of a Bill for a n Or din n c , in roduced, read in full , and passed on first reading o n the 21st d y of Sept mb r, 1981 . ary R . H1q -2- • ) I • • I / • I • • • THIS !DENTURE made and entered into t his _______ day of , 1981 by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, Lnqlewood, Colorado, Party of the First Part, and SOUTH ARAPAHOE SANITATION DISTRICT and SOUTHGATE SANI1'1\TI O.~ DISTRICT, Arapahoe and Douglas Counties, Colorado, qu s1-~un 1clp al corporations, Parties of the Second Part, WI TilES SETH WH F.REAS , the party of the fir•t part is the owner of the herein a ~er described lands: and WHEREAS, part1es of the second part are deairoua of c onatruc ing and mainta1nin9 a sanitary sewer line in, under and across the hereinafter described lando: NOW, THEREFORE, 1n cons>der•tion of the sum of One Dollar ($1 .00) and oth r good and valuable cono1de r ation, paid by the parties of the second part, the receipt of wh1ch is hereby a cknowledged by th party of the fir•t part: the party o r the f ir•t part hereby granto, bargain•, •ella and conveys unto the parties of the second part , he1r aucceaaors and aaa iqna, an easement and right of way for the con1truction, maintenance, repair, removal and replace nt of a aanitary sewer line under, across, through and over he l1nd1 hereinafter de•cribed in th County of Arapat'.oe , S ate of Colorado, to wi t c \.¥ DfiC!II'T!S!j A )0 .00 I'OOT WIDe s-NJTMY st'«<l r.ASeCHf ~ IH) ACIIOSS A I'QIITJS!j (I' Sf(TJI!j 9, TOifjSH" 5 toJTH, IWtiE 68 llrST ti' llt! SIXTH l'!tJNCIML MBIIOIAH, <n.NrT ti' -· STATE ti' COI..OIII'OO, IIIWC 15.00 l'aT l!j fln«JJ SJOf ti' M ICJml'j Df5CRIIII!I) «HTat.JIC. Au. leM JNC:S US8I IN M I'OI.I..OWJ NC: ~.SAL Of SCit JI"T JS!j 1oM 5CO.m1 CI!Hmii.JIC ti' SAID stCTJ 9 Ill! INC: ~ IOITH; CD9«<C INC: AT M toJTH ~ltll ti' SAID SlCT JS!j 9 J T1tta Hll9"15 '22''f A DISTN<f ti' 1 9.16 I"UT TOM TIU! I'OINT ti' III!"~INC:; 582-26'23"\t A DJSTNC:E ti' .10 I'UT; f 9"06'20"11 A OIST NCI! ti' 1•.85 l'ftT ; I 1107•55'56"11 A OISTNCf ti' 256.17 l'frT; f NOII•l9'20''f A OISTNC:! ti' 166.07 I'UT; ne«:t N)0"50'2-''II A OISTNC! ti' 2~.01 l'fnl Tteef N67"51'37"11 A OISTNC:t ti' 271.81 ffr:T ; f N76•0l'26''11 A OISTNC:f ti' ~ .7) l'fn; T1tta H3'1"'2)')0''11 • A OIST NC:! ti' 15.10 f'fr:T; f HOQIOII'16''f A OISTNCf ti' H9.Cil f'lrT; TICNCI! NOl•l1 '0'''11 A DISTNCf ti' 11).27 I'UT; H02-2 '57''11 A OISTNCI ti' 8li .OO l'ffT TO I'OINT ti' TEJIMJ~ I'IIOM f HOIITH 0.~ ti' SAIO SfCTJS!j 9 llAAS H00"'7'25''11 A DISTANCI! ti' 3166.58 l'fr:T, XH!IIIT A •'1 I ) I • - • I I / • • • • The easeme nt and right of way hereby granted shall include the right to he necessary use of the surface of said lands for excavating and ref~lling ditches ~nd trenches for the location and installat1on of said sanitary sewer line, and for the con- struction, laying, mainta1ning, repairing, removal and replacing thereof, in and along said right of way aa desired by the parties of the second part. The party of the first part shall fully use and en joy the aforesaid premises, e xcept as to the rights herein granted; and the part1es of the second part hereby agree to hold and save the said party of the first part harmless from any and all damage ariain from ~ta use of the right, easement, and right of way gra nted here1n and agree to pay an y damage or damages which may ari se to the property, premises, o r rights of the party of the first part through the second parties' use, occupation and possession of the r~ghts heretn granted. TO RAVE AND TO HOLD the easement and right of way herein granted unto the parties o f the second part, their successors and assigns eo long as sai d easement and right of way is used by the part~es of the second part, their succeasora or aasiqns, solely for the purposes hereinabove described and no longer: and the said party of the f1ret part does hereby agree and covenant that it ia well se1zed of the premises herein described in an estate of fee simple, and has good right, full power and lawful authority to gran , bargain, sell and con vey the eaaement and right of wa y hereln grAnted, a nd thAt he sa~ is tree of All former and other grants, b rqaina, aal•a, liena , eaaements and encu~ranc ea of wh ever kind or na t u re aoever . As A fur her cona1der ion for the qran of the eaaement herein made o he par~1 a of he second part, the par iea of the second part here y covenant and agree to And w th the pArty of he first part that a 1d par y of the first pArt ahall hAve the r1ght o Attach aew r a e rv1ee l1nea from the C1ty of Englewood .,..,ned 1na Alht>ona o n e land• bt•longing o add C1 y whieh Are rAveraed by 8A1d abov d ser!bed •• nt, All v ithou charqe t o •h par y of he fire pArt, xeept Actual con e ruction, m.ter!ala And lAbor cos • thereof shall be coats of party of the hrat part. WITNE S WHEREOf, th party of the first part has caused o h her unto auhaeribed by he Maynr, i • off~cial f;iHIOIT ~ • ' ' ! . -...... --: I • • - • I I / • • • • seal to be hereunto affixed, and attested to by its City Clerk the day and year first above wr>tten; and the parties of the second part have caused t eir names to be hereunto aubscribed by their respect >ve presidents, their official seals to be here - unto affixed, and a teated to by their respective secretaries the day and year f>rst above written. Party of th First Part: CITY OF ENGLEWOOD Attest: a Colorado Municipal Corporation By -.~~~~~~~~~-----Eugene L. Ot>B, Mayor Gary R. H>gbee, clty-crer Attest : At •• t Parties of the Second Part: SOUTH ARAP~Ot SANITATION DISTRICT, a Ouaai-~unic>pal Corporation S cretary By __________________ P-re~.-rrar.-n~t SOUTHGATE SANITATIO DISTRICT a Quasi-municipal Corporation By------------------~P~r-e-s'>'Te-n~ --------------------------sierifa ry STATE Cr COLOFADO ... h •• was acknowledqed before ~ this 1981 by Euoene L. 0 s, Mayor t the Ct y ot nglewood, a Colorado • I· I IT A • . . \ ~;~ '"\ . ~ ·'· .. .• .. . I • • • • STATE OF COLORADO sa. COUNTY OF ARAPAHOE The foregoing instrument waa acknowledged before me this day of , 1981 by pre ai dent, an -----,-::s::e::c:-:r::e::t::a::r::-y;-,-::o"l.-- South Arapahoe San~tation olstr~ct, a quas~-munlcipal corporation. . .:;~ Notary PUblic My Commission expires: .. -~ ·•. STATE OF COLORADO ... COUNTY OF ARAPAHOE The forego~ng instrument was acknowledged before .. this day of ________________________ , 1981 by==~~~~~~~,- =p-=r-=e-=s.,..ld ... e"'n=-:t, and , secretary, ot Southqata Sanitation District, a quasi-munic1pal corporation. ' .. · Notary PUblic My Commission expires: I -·· KJ1 I I IT ,. I • f . I / • • • • • • Recorded at.. --O'dodL.-·-·· M., ---·-···--··---·················---·····-········ [ iu~:;;~~;;;0~RAPAHOE SANri~r:N ·~~:~~ICT ,-~=~.~·~·,~:·a_, a qua si-municipal corporation , and SOUTHGATE SANITAT I O DISTRICT, a quasi-municipal corpora- tion, 1 of the counties of Arapahoe and Douglas, I .Aio"pectively ._..._ and !Malo of l Colorado, of the tint pa~ ud CITY OF ENGLEWOOD, COLO ~4~B 1 ~:a~Ya~~1 f~~!~wgg~~8t~g~l0 ~ orcanLud aDd uittiq uadu and br YU"tu411 of the lawa of the State of Colo redo , of u.. oocood part: WIT ETB. Tha&. Ute ...W part ies ot the flnt part., for ud ia conaSderatJoa of the s11111 of One Dollar and oth r good and valuable consideration -------.. ~ to U.a aald part ie S ol \be tint. part I• hand paid br tM laid p&rtJ of the eeeood part. U.. ,....,., ..-..., Ia buoi>J conf-Olld acbowlodpl, haVe ,.adood, rol __., IOid, <OoYoJod ud QUIT CLAJ IIRD, ud lor theM pl'tiMII\e do nmiM. "1-.... Mil, eoa••J ucl QUlT CLAIM ut.o u.e Mid p&rtJ of the Ml!Oftd part, till 10ceeuon and uaJcu foHYV, all ricbt, tiU lntar.t., ciU. and de:IIW'Id wiUch the said pan. ies fill U.. fil'K part ba v e iD ud .. the follOW'U'lC ~ sit.t.aata. lrlnc -..oct befec ia the County of Arapahoe and lhata of Colo....to, w wft : That parcel of real property described in Book 1176 at page 529 legally described as: Eight feet on each side of the following line: Beginning at the SE corner of the SE 1/4 of Section 9, Township 5 South, Range 68 East of the 6th Principal Meridian; thence Westerly along South line of said Section 9, 579.90 feet; th nee on an angle to the right of 86"09' for 30.06 feet to the South property line of City of Englewood property and true point of beginning of subject easement; thence continuing on the same line 277.08 fe et; thence on an angle to the left of 59"36' for 4 61.4 0 feet; thence on an angle to the left of 0°34' for 500 feet; thence on an angle to the right of 14"27' for 253 feet 1 thence on an angle to the right of 41"32 ' for 250 feet; thence on an angle to the right of 13"00 ' for 318 feet; thence on an angle to the left of 72"30' for 432 .30 fe t: thence on an angle to the left of 9"45' for 486 feet; thence on an angle to the right of 66"31' for 196.70 feet to the North prop rty line of said property and end of aub ect eaeemen , ·II EXCEPT that parcel legally descr1bed on A tac hment 1. TO llAYB .&J<D TO BOLD tlto oomo lloor wtllo all_. oiJocWu tlto ._..,... _ _. prlrilopo- llol.,..t ..... Ia .. ,...no. .... ....., .. op,.rt&lalq, ud aU U. oot&lo, riclol. IIIIo, .. ,.,.., oo<l <lal. wha-, Ill 1M oolol part i 15 ollloo lint porl, oltltor Ia law or oquiiJ, l<>lloo ool1 ,,.,. ..... l>oM!It """Wo6of tl U. otJol ~ of &1M ....-4 ,.n. ita ~n ud aul..,. forever. 1 Wl'nl WBU r, Tbo ot.1o1 part ie a of tho !I rot part have ~oo ..... &o ... their"ow~M a """ oool a tho doz ud 100r lint •""" writlon. SOUTH ARAPAHO£ SANITATION DISTRICT [UAL] l..pN, a.ale4i and Dt.Jinnd 1• the P~ ot ATTEST: South Arapahoe San.Dia 'By l'reaident [IBALI SOUT HGAT E SANITATIO DISTRICT 1 BALl Se cre ary Sa n . Diat . ATTE ST: Sout h ga t By Preaident [IILU] e cretar~ ... The f lAC \a.a4.N ... t .... K 11 .~or· .. , ...... EXHIBIT I - 1 I • • ' . ~ l ' : r . J ; i . ? r . i 'I : f II • • • • !: o. go i q!! ~ i. a j l5 i t f ~ It .. 8 f ~ q I I I I . ! . I r IT • 3 1 ~ r ~ ~ t;!j t::' . . . I . • - • • • • Lf~ DfSCitiPTICJ-1 A )0.00 FOOT WIDE SANITARY SEWER EASE/'IENT OllER /IH:J ACROSS A PORTICJ-1 OF SECTICJ-1 9, TelW'ISHIP 5 SOUTH, R.0H;E 68 WEST OF THE SIXTH PRINCIPAL t£RIDIAN , COl.NTY OF AAAPI>kOE, STATE OF COLOAAOO, 8EINO 15 .00 FEET CJ-1 EITI£R SIDE OF THE 1£RECJ-I D£SCR I8ED CENTERLINE. ALL BE.AAINGS USED IN THE FOLLOWINO LEGAL OESCRIPTICJ-1 AAE MSED UPON n£ NlRTH- SOUTH CENTERLIHE OF SAID SECTICJ-1 9 8EINO DUE NlRTH; COP'KKING AT THE SOUTH 01£-q.JAATER CORI£R OF SAID SECTICJ-1 9; n£NCE Nii9"15'22"E A DISTANCE OF 1369.16 FEET TO THE TRUE POINT OF 8EGII+IINO; n£NCE s82<'26'23"W A DISTANCE OF 44.10 FEET; ne«:E Nii9"06'20''W A DISTANCE OF 14.85 FEET; THENCE N07°55'56''W A DISTANCE OF 256.17 FEET ; THENCE N04°19'20''E A DISTA.'C:E OF 166.07 FEET; THENCE N30"50' 24''W A DISTANCE OF 234.01 FEET; ne«:E H67°51'37''W A DISTANCE OF 271.81 FEET; THENCE N76°01'26''W A DISTANCE OF 544.73 FEET; THENCE N37°23'30''W A DISTANCE OF 15.10 FEET; THENCE N00"04'16"E A DISTANCE OF 149.02 FEET; THENCE N01°3l'04''W A DISTANCE OF 113.27 FEET; THENCE N02024'57''W A DISTANCE OF 84.00 FEET TO THE POINT Of TERMI!lJS FROM WHEN:E THE NlRTH CNE..q.JAATER CORNER OF SAID SECTICJ-1 9 8EAAS N00047'25''W A DISTANCE Of )166.58 FEET. XRI BIT a -2 • I • • ORDINANCE NO. SERIES OF 198_1 __ • • • BY AUTHORITY A BILL FOR 7.]) COUNCIL BILL 79 ~EDBY AN ORDINANC E APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. WHEREA S, t he City of Englewood owns certain lan ds in the City of Englewood used in conjunction with the Allen Water T reatment P~an ; and WHERtA S, South Arapahoe Sanitation District and Southgate Sanitation Distric seek to obta i n an easement for sanitary sewer lines across the real prop e r y of t h e Ci ty of Englewood; and WHEREA S, by Ord~nance No. 37 , Series o f 1980, the City of Englewood and South Arapahoe San~tation District and Southgate Sanitation District entered into an agreement to provide for a permanent easement ; and WHE REAS, each of the pa rties has fully performed their obligat ions pursuan to said Ordinan ce No. 37 , Series of 1980, and it is now n cessary to legally transfe~South Arapahoe Sanitation District and Southgate San i ation Di strict a permanent easemen t. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF E GLEWOOD, COLORADO: Section 1. The City of Englewood, South Arapahoe Sanitation D~str ~c and Southgat Sanitation District h ereby enter into that doc um nt i.tled "Permanent Easement" attached hereto as E xh i b it A and incorpora ed h r in by r f .rHnce con aining the following legal description: • I . • • • • Section 2. That the permanent easement described in Section 1 hereof generally provides as follows: Grants an easement to South Arapahoe Sanitation District and Southgate Sanitation District for the purpose of construction, maintenance, repair, removal and replace- ment of a sanitary sewer line over and across the real property of the City, including the right to excavate and to refill ditches and trenches. South Arapahoe Sanitation District and Southgate Sanitation District agree to pay any damages that may result to the City's property as a result of their use of easement. Section 3. Sanitation Claim Deed hereto. That South Arapahoe Sanitation District and Southgate District shall deliver to the City of Englewood a Quit generally in the form as found on Exhibit B attached Section 4. That the Mayor of the City of Englewood and the D1rector of Finance ex officio Clerk-Treasurer are hereby authorized to affix their signatures for and on behalf of the City of Englewood and accept the Quit Claim Deed in return for the grant of the ease- ment. Introduced, read in full, and passed on first reading on the 21st day of September, 1981. Published as a Bill for an Ordinance on the 23rd day of September, 19 81. Eugene L. Ot1s, Mayor Attest: ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer"of the City of Englewood, Colorado , hereby certify that the above and foregoing is a tru , ccura e and complete copy of a Bill for an Ordinance, in reduced, read in full, and passed on first readin on the 2ls day of September, 1981. Gary R. Higb e -2- • I • I , • • - ~ ~ ~ ~ ~ ~ ~ N T ... ~~!.1~!1!. HI S IDFNT~RE made and en tered into t his ____ day of --------____ , 1981 by and between the CITY OF ENGLEWOOD, a Co l0r~Jo muntcipal c orpo r a i o n , Enqlewood , Colorado, Party of the F irs P art, and ~O~TH APAP AJI OE SANITATION DI STRICT and S OU T H ~ATE SANl"'ATh;1J DlETPtCT, Arapaboe and Douglas Count1.es, Co l o r ad4 qudSl-rnllf 1 lp'.ll cor rations~ Pa r ties of t he Second Part, WIT'•· SSETII he r ei WH EA5, th party of tt f 1 rst part 1 s the owne r of tt,e c~~rtbed ld~ds · nd "-1l'F 1.15, pdr es f th r.econd part. ac :iesi rou o f con str u ct"'"~ a .• o m4J nta acros s ~he here nat er C , ERI'f'OFE, ($1.00) anJ Clt.her q od partu-of tt. eoc % s e we r r.e in und~r a nd of Lhe •~ ct One Do l l ar pald by t h r~c lllt o ' whtc. ia hereby a c~nowl ~7 d oy tt the pu>tY o f t he f i r •t port. her ~Uy grants, llat<:;aln s , ella and conveys unto t he parue s o f t.h r pal aero•"• Coun .. y of Atapcth et r surcessot s ani a a1gns , an a &an1tary b ewet line un der, la'1!tiS her u,a!t.ttl d. scr1bed in th crado. o w1t1 A )0 (I() 1'00 I Of. SAHI TMY 0\101 IIH) '1, I ~ ' Sfl.ffii, R.INGl 61! ~ST 01' SI)(T'H ,., -· STATE 01' COl.OIVOO K l'«< 10..')() , C.O fl Df '5C •J Co-n' L I A • • 4 ... 1 •..• 1 -' ) I • - I I / • • • • The easement and right of way hereby granted shall include the r ight to the necessary use of the surface of said lands for excavating and refilling ditches ~nd trenches for the location and installation of said sanitary sewer line, and for the con- struction, laying, mainta i n i ng, repairing, removal and replacing thereo f, i n and along said right of way as desired by the parties of the second part. The party of the first part shall fully use and enjoy the aforesaid premises, e x cept as to the rights herein granted: and the pa rties of the second part hereby agree to hold and save the said party o f the first part harmless from any and all damage ar1s1nq f r om 1ts use of the right, easement, and right ot vay granted herein and agree to pay a n y damage or damages which may ar ise to the property, premises, or r1ghts of the party of the first part thro ugh the second parties' use, occupat1on and possess ~on of the r~ghts here in granted . TO HAVE AND TO HO LD the easement and rignt of way he rein granted unto the parties o f the second part, their successors and assigns so long as said easement and right of way is used by the parties of the second part, their successors or aaaiqna, solely for ~he purpose• hereinabove desc ribed and no longer: and the aaid party of the first pa r t doea nereby agree and covenant tha t lt i a well aeized of the premiae s heroin descri bed in an eatate of fee simple, and has good right, full power and lawful authori y to gran , bargain , sell and conve y the eaaement and right of wa y nerein granted, and tnat the aame ia free of all f orme r and other grants, barqaina, sales, liens, easeMents and en cumbrances of wha ev r k1nd or nature soever . AI a furtner cons1deration for the gr nt of the easement herein made to ne partiea of the second part, the partie• of the second part nereby coven ant and aqree o and ith the p arty of he tira part ha aa1d par y of th fira part ahall have tne right o a tach aew r oervlce 11neo fr om the City of Englewood owned 1notallotiona on h lando b 1ong1ng to oaid Ci y whicn are trav r ad by aa1d alove d ocr1bed charge to h party of h t1ra part, ~tar1als and la or coo 1 hereof ohall be coot• of party of the ttrat par 1 • na WITNE SS WHE OP, th arty of he firot pa rt haa cauoad o be her unto I<JbaC'ribad by the H yor, i ta official -2- • ~ .. · .. ·-; I • • • • • • seal to bt hereunto affixed, and atteated to by its CLty Clerk the day and year fast above "ritten1 and the parues o f the second part have caused thelr names to be hereunto eubacribed by their respect1ve presidenta, their official •eala to be here - unto affixed, and attested to by their reepective aecretariea the day and year first above written. Party of the First Part: CITY OF ENGLEWOOD a Colorado Municipal Corporation Attest : By __ ~~~.-~T7~~~-----Eugene L. Ot1s, Mayor Gary R. H1gbee, City Cler Attest: Partie• of the Second Part: SOUTH ARAPAHOE SANITATION DISTRICT, a Quasi-municipal Corporation Secretary By ________________ ~P~r=e~•Lr.ar.e~nTt SOUTHGATE SANITATION DISTRICT a Quasi-munLC lp&l Corporation By __________________ ~P~r-e~sLde nt Attest : ecretary • .· . . . ~ .. ~ ' I • • • • • STATE OF COLO RADO ... COUNT Y OF ARAPAHOE The foregoing instrument was acknowledged before me t h is day of , 1981 by pres1dent, a n,---------------------------,--.-e-c_r_e~t-a-ry--,~o~!.-- South Arapah o :e ~s~a~n~l~t-a~t~r~o~n~o~r~s7t-r~l-c7t-,--a--q_u_a_s~r--~m-un~r~cipal corpo rat ion. Notary PUblic My Commission expires: I' -·~· ; ,:_ '• STATE OF COLO RADO ss. COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this ----~~day of _________________________ , 1981 by ______ ~r-~--~-- president, and , •ecretary, of Southgate Sanitation District, a quos1-munlc1pal corporation. Notary PUblic My Commission expires: I -4- XHTBIT It I • • . •' I ·. / • • I • • • • Recorded aL .. ······-·-··-·······-····o'eloek.. _______ K .. , -··-··-··-···-·-··-·--··-··-········---···--·········· Rec:ept.lon No._ -····-··-_-_-_-_-_--= Tms DEED, lfado thlo do.T of lt 81. botwe<D SOUTH ARAPAHOE SANITATION DISTRICT, a quasi-mun ici pal corporation, and SOUTHGATE SANITATIO N DISTRICT, a quasi-municipal corpora- tion, of the count ies of Arapahoe and Douglas, .AII'pect ively ·-·'-aDd lila .. ot Colorado, of tha f irst part, and CITY OF ENGLEWOOD, COLO 34~S 1 g:a~£a~~i~~~~~wgg~0 e8t~g~lO ~ orpnized and ui•t.inc under and br Yi.rtua of t.ha lawa of the Stac. ol Colorado , of t.ha oeeoD<I part: WITN ESSETH, That the .aid pat\ ies of the tint part.. tor ud ln conaiduatJon of the IDID. of One Dollar and other good and valuable consideration --------.~ to tha aaid part ies of the lint pa.rl In hand paid br the l&id pariJ' of the .-cond part. U.. neelpt w~ 1o beroby eontoooad ond uknowledro<l, have r<mlood, rel.....t, oold, eo•••>ed aDd QUIT CLAI IliW, aDd by lb-. pruent. do remln, rel••· .. u. coa .. , ud QU IT CLAIM uto tha aald partr of the MeOnd part. tt. nceeuona and uaipa forner, all rl&bt. tille, ln~t. elaJm and. ct.mud. •b.lch the add parties of the tint part ha ve ill nd to lha foUowtna clelcribed situate. l7lnc aD.d heine m the County of Arapahoe ud.Sta"-ofColo ..... totrlt: That parcel of real property described in Book 1176 at page 529 legally described as: Eight feet on each side of the following line: Beginning at the SE corner of the SE 1/4 of Section 9, Township 5 South, Range 68 East of the 6th Principal Meridian; thence Westerly along South line of said Section 9, 579.90 feetJ thence on an angle to the right of 86°09' for 30.06 feet to the South property line of City of Englewood property and true point of beginning of subject easement; thence continuing on the same line 277.08 feet; thence on an angle to the left of 59°36' for 461 .40 feet; thence on an angle to the left of 0"34' for 500 feet; thence on an angle to the right of 14°27' for 253 feet; thence on an angle to the right of 41°32' for 250 feet; thence on an angle to the right of 13°00' for 318 feet; thence on an angle to h left of 72"30' for 432.30 feet; thence on an angle to the left of 9"45' for 486 f et; thence on an angle to the right of 66"31' for 196.70 feet to the North property line of said property and end of subject eas nt, EXCEPT that parcel legally described on Attachment 1. ·II TO BAVB A.ND TO HOLD t.ba ao-toco.U. .till oil aDd oi,..W.rlbo .,........._aDd orl•liopo ........... bolooalac or Ia aoywloo U.o,_ .. apporta!alac, aD4 all tho ootala, rll"~ tJ\lo, ID..,..I ood dala wba__., ol tba .. w part ies el U.. nm part. •llMr lo law or equity, to U.e Oft!y ,...,.,. .... beneftt. u4 Mhoof of~ .W ~ ot U.. MOOnd par\, IU ~n ud ... ipl for .. er. IN WJTNB88 'IVHERBOF. na aold ,an ies of tho nm ,.,. ba ve ... .......... thein.Ma ud tal 8 the d•J' Mil y•r ftnt •-"" wrtlt.ett. SOUTH ARAPAHOE SANITATION DISTRICT .-[tiiiAL) s...,ed, l!Hlad oftd DtliYO...t Ia tho P..-eo ot ATTEST: South Ar paho San.Dia 'By Secret ry ATTEST: Southgate ~ C..•••" ,.... f 0 I ... tnl.ent WU K •lad " .~· Wen .. .w. EXHIBIT B -1 ••• Preaii'!ent. [I&AL) ITATION DISTRICT (HAL) President (IIIAL) -- ,,...., ....................................................... " • II I • • - ' l r ' . • • • I . • - • • • , . • lf~ DESCRIPTION A )0.00 FOOT WIDE SANITAAY SEWER EASft'£NT OVER I>KJ ACROSS A PORTION OF SECTION 9, ~SHIP 5 SOUTH, RN«:f 68 WEST OF Ttt: SIXTH PRINCIPAL fo£RIDIAN, COlMY OF MAP~, STATE OF COLOAAOO, BEINO 15 .00 FEET ON finER SlOE OF Ttt: tt:REON DESCRIBED CENTERLINE. ALL BE.AAINOS USED IN Ttt: FOLLOWINO LEGAL DESCRIPTION AAE BAseD UPON TIE NJRTH- SOUTH CENTERLINE OF SAID SECTION 9 BEINO DUE NJRTH; a:M£NC 11«0 AT Ttt: SOUTH ONE-QJAATER CORNER OF SAID SECTION 9; TIBICE Nli9"15'22"E A DISTAI«:E OF 13(i9 .16 FEET TO Tt£ TRUE POINT OF BEGINNINO; TlENCE s82°26'23''W A DISTAI<E OF 44 .10 FEET; ne«:E Nll9"o6'20"W A DISTNCE OF 14 .85 FEET; T!ENCE N07°55'56''W A DISTANCE OF 251).17 FEET ; Tt£NCE NOII 0 19'20"E A DISTANCE OF 166.07 FEET; ne«:E N)0"50 '24''W A DISTANCE OF 2 )4.01 FEET ; T!ENCE N67°51'37''W A DISTANCE OF 271.81 FEET ; T!ENCE N76°01'26''W A DISTANCE OF 544.73 FEET; TIBICE N37°23'30''W A DISTANCE OF 15 .10 FEfT; TlENCE N00"04'16"E A DISTANCE OF 149.02 FEET ; T!ENCE N01°31'04''W A DISTANCE OF 113.27 FEET; ne«:E N02"24'57''W A DISTANCE OF 811 .00 FEET TO Tt£ POINT OF TER1411-lJS fRO'I Wt£NC E Tt£ NORTH ONE~TER CORNER OF SAID SECTION 9 Bf.AAS N00"47'25''W A DISTANCE OF )166.58 FEET . XHIBIT B -2 • I • ...... ' ' • • • .. RESOLUTION NO. Jt/ SERIES OF 1981 ____ _ A RESOLUTION ESTABLISHING DATES 0~ SUSPENSiON OF LIQUOR LICENSE OF JOHN W'S D/B/A THE DART BOARD. WHEREAS, the City Council, on the 3rd day of July, 1980, held hearings concerning certain violations by John W's of the Liquor Code of the State of Colorado and procedures of the City of Englewood; and WHEREAS, the City Council found that John W's did in fact violate State law and City of Englewood procedures with respect t o the operation of John W's as a liquor establishment; and WHEREAS, the Findings of Fact and Conclusions of the City Council of the City of Englewood have previously been entered h ere in ; and WHEREAS, the Arapahoe County Distri ct Court has affirmed t h e decision of the City Counc i l of the C i t y o f Englewood i n i mposing a 5-day suspens i on of the author i ty of John W's to ope rate as a licensed liquor establishment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLORADO: 1 . That John w•s, Inc., d /b /a The Dart Board, shall not d ispense alcoholic beve rag es for a p eriod of fi ve day s c ommen c - i n g 12:01 A.M. September 30, 1981 and continui ng through 11 :5 9 P.M. October 4, 198 1. 2. Th a t t he Di r ector of Fina nce e x officio City Clerk- Treasurer is hereby o r dered t o o v e r see t h at said s us pension is properly carried out by licensee Joh n W's, Inc . ADOPTED AND APPROVED this 21st day of September, 1981. Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-Treasurer • I • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the for::oing ~s a true, accurate and complete copy of Resolution No. ~/ , Series of 1981. Gary R. Higbee • I • - / • DISTRIC'r COURT CO Un'r Y 0!"' ARAPAHOE STi11'E OF COLOP.ADO CITY OF ENGLEWOOD, vs. • • • Case No. A80CR6 Division MUNICIPAL COURT IN AND FOR THE CITY OF ENGLENOOD, STATE OF COLORADO, and the HONORABLE LOUIS PARKINSON, JUDGE THCRCOF, ORDER Petitioner, Respondents. The Court having reviewed Petitioner's Petition for a Writ of Prohibition, and being fully advised or the grounds therefot', NOli ORDERS ru'D DECREES: 1. That the Englewood Municipal Court an~ the Honorable Louis Parkinson, Judge, be and hereby are prohibited from dis- missing any or all pending cases involving the charge of "Resisting Arrest" under Englewood Hunicipal Ordinance 11-6-15; 2. That the Order to Show Cause and Order Appointing Counsel, issued by said Court August 18, 1981, be quashed; 3. That said Court and Judge abide by this Court's Stay of its decision reg a rd~ng the constituti~nality of the Ordinance 11-6-15, which tay w s issued July 30, 1981, until such time as the app~al of th ·s ca is settled. , . . , • I • • - ' • • • • Jf DISTRIC'r COURT CO U:i 'r Y o; ;\R.APAHOE STil'l'E OF COLOR.•"\D O Case No. A80CR6 Division ORDER CITY OF ENGLEWOOD, vs. MUNICIPAL COURT IN AND FOR THE CITY OF ENGLE\100D, STATE OF COLORADO, and the HONORABLE LOUIS PARKINSON, JUDGE THEREOF, Petitioner, Respondents. The Court having reviewed Petitioner's Petition for a Writ of Prohibition, and being fully adv1.sed or the grounds therefo'C', N0\'1 ORDERS lu~D DECREES: 1. That the Eng 1ewood Municipal Court and. the Honorable Louis Parkinson, Judge, be and hereby are prohibited from dis- missing any or all pending cases involving the charge of "Resisting Arrest" under Englewood Municipal Ordinance 11-6-15; 2. That the Order to Show Cause and Order Appointing Counsel, issued by said Court August 18, 1981, be quashed; 3. That said Court and Judge abide by this Court's Stay of its d ecis ion rega rding the constitutionality of the Ordinance 11-6-15 , which stay was issued July 30, 1981, until such time as the app~a1 of this ca~e is settled. Di\ ed ...J'~.;;;f er ·----' 19 81. y/J&! z _ff ~s. Stc~-~7;;;~""=--'----- yc • - I .. • I • • • • - GRANT OF S EWER LINE EAS EMEN T THIS GRANT of a sewer line easemen t (this "Grant") is made this day of S eptember, 1981, by KEY SAVINGS & LOAN ASSOCIATION ("Grantor" whose address is 3501 S. Broad way Ave ., Englewoo d, CO 80110, in f avor o f CITY OF ENGLEWOOD, CO LO RADO ("Grantee") whose add ress i s 3400 S. Elati Street, Englewood , CO 80110; The parties covenant and agree as f ol lows: 1 . Easement P roperty . The "Easement Property" shall mean the real p roperty loca t ed ~n the County of Arapahoe, State of Colorado, more pa rticularly d escribed on Exhibit A , attached hereto and inco rpo rated herein by reference, and s ubs tantially as depicted on E xh ibi t B, attached hereto and incorpora ted herein by reference, which real property is owned by Grantor . 2. Considerat ion. As consideration f or thi s Grant, Grantee shall pay or del~ver to Grantor at option o f Grantor either of the followi n g : (a) The sum determined by the City 's MIA appraisal which wi ll be f urnished to Key Savings & Loan Association. At the sole option o f Grantor, Grantor may, at its own e xpense, hire anot her MIA apprai ser to appraise the easement . In the event that a p praisal is different f rom City 's appraisal, the parties agree that they will attempt to negot i ate the price. In the event the p arties are unable to ag ree, they wi ll appoint a third a ppraiser to arb i trate the price . Payment shall be t endered not late r t h a n six months after approval o f the app5-a i s al of thi s Gran t . (b) At option of Grantor , City sha l l re lease any and all interest City may have in that p r ope r ty legally d e scrib ed as: All that portion of the Broadway/Ac o ma Alley, located from West Ha mpden Av enue on the North to Little Dry Creek on the South, which portion is all within the City of Englewood, Arapahoe County, Colorad o, and releasing sp cifical l y a n y interest reta i n ed in Ordin nee No . 21 , Series of 1 971, recorde d in Book 1942 at p ge 512 in the reco r ds of the Clerk a n d Record r, Arapaho County , Co lorad o . • I • • • • - 3 . Grant of Sewer Eas e ment . Grant o r h e reby grants to Grantee , its s ucce ssors and a ss ~gns, a perpetual, n onexclusive easement (the "Sewe r Easeme nt ") ove r , under, acro s s and through the Easement Property f or the p u rpose o f constructing, operating, maintaining, repair ing , r eplac ing , removing and enlargi ng the "Lines and Appurte nances", as hereina fter defined. The "Lines and Appurtenances" shall me a n sewer pi p eline and all necessary underground and surf ace a ppurtenances the reto necessary or desirable f or the t r a nsmiss i on o f wa stewater, inclu ding, but not limited to, mains , c onduits, v a ults, ma n holes, or oth er facilities as required. 4 . Access. Grantee shall have the perpetual, nonexclusive right o f ~ngress and egress in, to, over , through and across the Easement Property for any purpose necess a ry or desirable for the f u ll e njoyment of t he rights granted to Grantee under this Grant. 5 . Restoration. Grantee agrees tha t after the construction, maint enance, repa~r, replacement, or enl a rgement of any of the Li nes and Appurtenances, Grantee shall r e store the surface of the Easemen t Property as nearly as reasonably possible to the grade a n d c ondition it was in immediately prior to said construction, maintenance, repair, replace ment, or enl a rgement, except as may be nece ssary to accommodate the Lines an d Appurtenances. Grantee agrees t o restore and repai r any improvements of Grantor on the E as ement Property which are damaged, mod if ied or altered by Grantee ' d u ring said construction, maintenance, r epair, replacement or e nlargement. Grantee further agrees to r eplace any topsoil removed f r om any cultivated or agricultural area s on the Easement Property a n d to r emove any excess earth resulting f rom said construction, maintenance, repai r , replacement or enlargement, at Grantee's sole cost and e x p ense . 6 . No I mp r ove me nts. Grantor convenants and a grees not to construct , ere ct , p lace or p lan any "Improvements", as hereinafter defined, on the Easemen t Prope rty without o b ta in i n g the p rior written consen t of Grante e. "Improvemen ts " s hall mean a ny s truc- ture o r building. Grantee sha ll h ave t he right to r e move, without any liability to Grantor, any i mprovements con stru c t ed, erec ted, pl c.:cc.l or plan Led on the Easement Property without grantee's having obtained the prior written con sent o f Gra ntor. 7 . Subjacent ugr'cs Lh -L Grant sh ll h ve the right s upport on the Easement Property to wh atever or desirable for the full , comp l ete a nd the rights granted to Gr nt e unde r th i 8. Rights of Gr ntor . Grantor r s r v ea th f u ll Lh undisturbed owner&hlp , use , nd occup n c y o f t h E Property insofar as said ownership, use, nd occup ncy wLLh ~nd docs nol imp ir lh rights gr n L d to Gr ntcc -2- right to s nt consi t nt in this Gr nt. I • - • • • • 9 . Abandonment . In t he event that Grantee shall abandon the right s granted to ~t under this Grant, a l l right, title and interest he r e under of Grantee shall cease and terminate, and Grantor shall hold t he Easement Property, as the same ma y then be, free from the right s of Grantee so abandoned and shall own all materials and struc tures of Grantee so abandoned, provi ded that Grantee shall have a reasonable period of time after said a bandonment in which to remo v e any or all Lines and Appurtenance s from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have t h e right, at its sole option, to r e quire Grantee to remove or neutrali z e any improvements constructed i n the Easement by Grantee. 10 . Warranty of Title. Grantor warr ants and represents that Grantor is the fee simple owner of the E a sement Property and that Grantor has full right, title and author i ty, and that this Grant is ef f e c t i ve to grant and convey to Grantee the Sewer Line Easement. Gran t or further covenants and agrees to indemnify, defend and hold Gr an t ee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons law- f u lly c laiming or to claim the whole or a ny part thereof. 11. Binding E f fect. This Grant sha l l extend to and be binding upo n the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms , covenants, agreements and conditions in this Grant shall be con strued as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Gran t of Sewer Line Easement the day and year first above written. GRANTOR: KEY SAVINGS & LOAN ASSOCIATION At test : GRANTEE: CITY OF ENGLEWOOD, COLORADO Attest: By ______ ~----~~~~-----------Eugene L. Otis Title: Mayor Gary R. Hi gbee Titl :Dir ctor of Fin n c ex officio Ci t y Cl r k -Tr a a urer -3- • I • • • • • STA'l'E OF COLORADO ss . COUNTY OF ARAPA HOE The f o re go i n g i nstr ument was acknowled g ed before me this 18 day of Sept.eil:er , 198 __ 1 _ by Clyde N. Cantrell ---------as PrMident and attested to by L . B. Stcnea as __ ~Sec=retazy~""'*-L---------of ~ Savin;s am r.oan AaaOCiatial Witne s s my h and and o fficial c;;b~ i,' ~ Notary Pu l.C ~y Commission e x pires : •t r c--.. • ..._.. .. ~~ "· IN5 STATE OF COLORADO ss. COUN'l'Y OF ARAPA HOE The foregoing instrument was a cknowled ged before me t h is day of , 198 ___ by _________ _ s ____________ _ and attested to by as ________________ _ of \'litness my hand nd official seal. My Co i 8l.On xpires: I . • • • • • • .. • SANITA RY SEI'IE R EASEMENT FROi-1 KEY SAVINGS An easemen t 7 .5 feet wide on eithe r side of a center line described as: Beg. 327.4iw. and 25 ' s. of the N~ Corner of Sec. 3, Twp. 5 s., Rge. 68 w. of the 6th P .r1., Arapahoe County, Colorado; thence s. 0° 19' 28" E. 88.08' to the point o f terminus • 7-31-81 PI</lo • I . .. , • ) ,, .. . . . ~· ~ IS. 1:-lc: ~-~~~ ()IG"' I ~ ·\ ..... '-':, \ ~4 :rl·i .• I ·.~ . I -., ....... ,, ... ~ 1:)~ c ~ ·' ( .... ".·· 1._ ~ . . ·• " I I .. . • • • • .... -- .... ( I,, I • - ' • • Mr. Andy Mceoo,.n, C:Lty Manager City of fi'lglewood 3400 South F.lati Street rnglewood, Colorado 80110 Dear htdy : • • • 3535 South an Street Englewood , Colorado 80110 Phone (303) 781-7885 SeptE!llber 3. 1981 For your perusal,please ~ind enclosed the l'ngle.ood ~tCM'l Tlevelopnent Authority's proposed budget for 198?. 'note 'X>ard of l'i.rectors will take action on this at their regular meeting on We<nesclay, Septe:li>er 9, 1CJ81. Sincerely yours, \\\~K~ Michael K. Haviland M<H :ps · r ·! 13~ Cr iY t.: : .\[:.I :> Q:'FJC: EliGLt. ·:"00 • I . . I - • • - August 1981 1932 BIJL(;ET RF.QI.lFSl' SAIA'UES 1110 1211 1222 Salary ; Director, full time 12 mont hs *Salary ; part-time U months ** part-time overtime (251. X $6, 330) PENSIONS&~ 1300 107. of Salary (Director only) 1311 Social Security ($48,912 X .0665) I!' I SURA.: 'leE -----r41l 1420 1431 1461 }l.eal th & Life lnsurmce Worl<men' s ~ensation Dental Hea lth Insurmce th~loyrren t Insurance omCE SUPPLIES 2111 C~neral Office Supp lies Books & Magazines Postage 2112 2113 211 4 2115 2121 U22 2251 2275 n7n 2279 Paper-Copy Pachine Protcopies Printing-City Printing-Outside Fooci Film 1ap Prints 0 her Misc . Supplies PPDF":SSICY'lAL s-:P.VICES 3111 AUditing 3113 County Collection Fees 3121 Legal Services 3131 Data Processing Servic s 3169 Other Technical Services 3191 Other Professi al Services EtU::ATICll & T'RA VEL 3211 Travel & Ccnf renee 3212 Registr tion 3213 Mileage (Includes Car AllOIIalce) 3221 Tuition & Training 3231 Membersh i ps & Oues $43,000 .00 6,330 .00 1, 5R 2 . flO $48,912 .00 $ 4,300 .00 2,608.00 $ 6,7M .M $ 1,757 .00 90 .00 306 .00 142 . ()() s 2,295 .00 1,320 .M 19R.OO 660.00 ·nn.nn 161. ()() l,aftn .M 66 .M 1,()()().()(1 132. no 66 .m 66f'U'() $ 6,,3 .00 $ 600 . no 2,145 .M 4,000 .00 200 .00 600 .00 19,693 .00 -$2?,238 .M from 455 . /mo . to $600 .00/ . s ra ed accomplishments . ~ed upon raising r sponsibility to prof ssion 1 staff le 1, performed on a p basis . t 25'1. of lary. • I • - I • • • • • August 1981 1982 Bura:T REQUESI' o:J!111JNICATIONS & tiTILITY .. 3311 Advertising 3321 Telephone 3343 F.lectrical & Gas Bills 3344 Power & Purping 'fhergy 3351 I.Jater & Sewer IIDITAL ~21 3441 Building Rental Office Equit:XJl!!llt P.ental REPAIR & MAnfmlAN:E (gas) 3534 Office Equitxnent Repair & Maintenanc AID TO arnER A~~U'.S & PROCRAMS 3600 Aid to other Agencies and Programs MISCEU~NF..OOS ~ES 3713 l\1ortgage Interest 3761 Insurance 3790 Other Misc . F.xpenses 3797 Retirement of Fixed Assets lAND --4111 4420 4430 Land (Principle-Sachter Property) Office Equipnent l!lld Furnishings Cc:um.nicaticns l".quip18l t • Page 2 $ 330 .00 1.~~s.on 1,000.00 3,000.00 3lfl.()() s 6,535 .00 ~ 7,200.00 2,310.()() ~ 9,510.00 ~ 11)(). 00 $ 100 .00 $ 2,500 .00 s 2,500.00 $12. 41)4 . ()() 2,200.00 200.00 $14,804 . ()() $ 2,275 .00 $ 2,275.0{\ $ 300.M 450 . (l() s 750.00 Total $135,750 .00 Total $135 ,750 .00 I . I • • • • - RECEIVED M E M 0 R A N D U M CliY Mi\N A(iLfl'; Ll~FIC : ENGU:WO OD TO: Andy McCown, City Manager FROM: DATE: SUBJECT: Robert R. Holmes , Chief of Police September 16, 1981 REQUEST TO ATTEND OBSCENITY CONFERENCE IN SCOT TSDALE, ARIZONA On November 30 and December 1 and 2, 1981, Citizens for Decency Through Law, Inc. will host a national conference on obscenity in Scottsdale, Arizona. The conference is designed to present the most recent developments in the field of pornography control and enforcement to prosecutors, police, and legislators. Since Englewood continues to experience problems of obscenity control and enforcement, I feel this conference would be extremely beneficial. Therefore, I am officially requesting permission to attend. Further information regarding the conference is attached for your review. Estimated costs are : Conference registration Air travel Hotel Meals Total ~~ Chief of Police $125.00 $250 .00 $210.00 $ 75.00 $660 .00 • I • • , I • Founder Charles H Keatmg , Jr Board of Trustees Rtch ard M . Bertsch A' torney at Law C eve land . Ohio Ro bert J Krelty Vtce Prestdent General Counse l. and Dtrector Amertcan Continental Corporation Phoen.x , Anzona Thomas J. Blee Attar ney at Law FI'J rt Wayne , Ind i ana Officers Prestdent John L Harmer Salt Lake Crtv . Utah ~~oecuttve Vtce Prest dent Edward f Kondrat Phoent-'. Afltona -e Prestdent (., .Jth Coordtnator •'Y W Ha ll M 0 armel lndtana etdry Carol A Clancy Phoen.:-. Aotona Genera1 Counsel Bru' t. ~ Ta..-lor PhOf"n l .. A.nzona • • - Citizens for Decency through Law, Inc. 233 I West Royal Palm Road, Suite I 05 Phoenix, Arizona 85021 602/995-2600 ~r. Robert R Holmes Chief of Police Enqlewood Cu 60110 Deer "'r· Holmes: September 9, 1981 On November 30th and Uecember 1st en d 2nd, 1981, Cit iz ens for Oecency throu9h Lew, Inc., will host the Nat io nal Conference on Obscenity at the Camelback Inn in S cottsdale, Arizona. COL will also conduct the for•al openinq and ded ic at ion of its new leqal and educational headquarters, The Nationa l Center for Decency. The Nat ion a l Conf erence will present en important forum regaroinq the most recent developments in the field of pornography for prosecutors, police, legislators, educators, ewperts, and community leaders. This will be a vital opportunity to ga i n e nd snare the latest court decisions, investiqative techniques, l egislative models, end scientific research and opinions. The enact~ent and enforceme n t of obsc enity l ew h as become e highly technical end specializerl area of l aw, as we ll as en emotion a l and sensitive controv ersy, and the need for comprehensive learning is mendetorv. Those officials ch a rged with draftina end enforcing obscenity laws will benefit from the experience end ewpert i se of the conference facul tV• as wel l as by the exchange of information e nd exoer i ence among t h e partic• ipants from across the country. The success and economy of future efforts to deal with this qrowinq organized criminal enteror i se will be qreatly ~nhanc~o by the attendance of Prosecutors and police officers from e v ery jurisdiction . We have enclos d a reserv~tion form for your participation in the con• ference. ~1mply fill in the ppropriate infor~at ion and return the form to our office as soon as possible. We can Promise you that the in for~ation and materiel that will be aiven at the conferenc~ will give your office the best oossible prep ration for dealinQ wit h the intrusion of oornogrephers into your communitY . :iincerely , ~!.~ President • 0 I • • ( • UNITED ST ATES SENATORS Hon. James Abdnor. South Dakota Hon . A I DAmato , New Yo rk Han Dennts DeConcin i . Ari zona Han Jeremiah Denton . Alabama Hon Pete r V Domen icl, New Me x ico Ha n . J . J ames Exon , Nebrask a Hon J oke Gorn . Utah Hon . John Glenn . Oh io Han Barry Goldwater . Artzona Han Cha rles Gressley . Iowa Hon Orrin G Hatch . Utah • • • HONO RARY COMMITTEE Hon. Pau lo Howkons , Florldo Hon. Samuel I. Hoyok owo . Co lllornio Hon . Jesse Helms, North Carolina Hon Gordon Humphrey. Ntw Hompoh lrt Hon . Daniel K . Inouye , Hawaii Hon . J Bennett Johnson . Louisian a Hon J ames "'· McCiurt , Idaho Hon John Melcher , Montane Hon Larry Pressler. South Dakota Hon Ted Stevens. A l as ka Hon Strom Thurmond . South Carolina GOVERNORS Hon . Richordo J . Bordo llo, Guam Hon . Ed HtrS<:hl t r , Wyoming ~~~ ~?b~~~dQJ~i:~~~~e~s~~achusetts Hon Rich ard Riley , South Carol ina Hon . Cha rl es Thone , Nebraska Hon . Davi d Tre en , Louisiana UNITED STATE S HOUSE OF REPRESENTATIVES Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon h <>n Hon Hon Hon Hon Hon ion I on on Hon Hon Hon Hon Hon Hon Hon H•:>n Hon H-,n '' n ti H• n Hnn Hon Hon ; on " Hon >ion n ti n tion n H n t\,fl Don Albosta . Mtchtg an Frenk Annunz•o. llhnol s Douglas Applegate . Ohoo John ~~ .-.shbrook Ohoo Eugene Atkmson Pennsyl...-a nt a Les AuCotn Oregon Robert E Badham Ca J,fornta LA Bafa lts Flor tda Don Bailey Pennsylvanta Wendell Bailey Mtssout• Doug Ba rnard Georgta Cleve Benedtct. West Vtrg tnta Mana Btagq t New York Ltnd)o Boggs. Lout~tana Edward P Boland ~assac usetts Davtd Bo...,.en . Mtss•~stppt \!J.~t7a~'Sk~ioo~~~?~a M•ch•qan Clau W Burgener Caltforrua Caldwell ButlE-r \-uq•n•a Car roll Campbell . Jr <;outh Carolina Gregory Carman New York \\dllam Carne-, Ne ""' "t or k Boll Chapp~l Jr Floroda ~~~~d ga~s~~"~Cd 1 ~6~~:mq James "¥\ Collm~ l t·'(a\ Barber B Conablt" Jr Ne..., "t or" Baltasar Corr ada PuE"rto R•<"o larr" Cratq ldahc Ph1fop (rlJnt' /IIIOOI'J Dcm Dan,t>l \ '"Jrn•a \\llltam E Dann~mt> er Californ•d Butlf'f Derrtc k _ ~uth Cuohne Ed...,,Hd J £H,,...,,n'ikl lll·no•!'J \\.1 m l Olf"k rn\On A.labami'l Rob tt K Doman Caf,forn•a en a. If" f Dought•fh Ptnn\\ l\dn•a John J Dunt an l r nmu, t Ro\ Dt coon " a "lond Jost"'ph D t; arl ~a.,.,_,.chu us 'v\•ck .,_ F.dv..ard Oklahoma Da"•d [rn.-'" "¥\dint" ~nt>n bdohl ""\•nrt-•a ()a. t" F \an lnd•ano:J ~ililrt-nt f' t·r•• k !"l ,. J ,..,.,) C• ra! rnt-A, f t rr•·o ~t-• "to• k a~.~ f tndlt>\ llltnor' iarwtton h' J, "'; • lOtk f iO\ J f rtho4" lt•d rod L H f ountt!Hn "forth C'•!OI.n• [ d v.•n B f ()rt,'rlh~ ~ .. I r ,., Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Ho n Hon Hon Ho n Hon Hon Hon Hon Hon Hon hon Hon Hon Hon Hon Hor Hon Hon Hon Hon Hon Hon Hun Wtsconc;tn • Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Hon Ho n Hon Hon Hon Hon Hon Hon Hon Hon flon Hon Hon Hon Hon Hon Hon Hon Hor Hon H(>n Hon HM ~inn H n n Hon H n Hen n Hon Hon Hon Hon Han Hun H n Joseph G . M i n i sh , New Jersey Donald J M otch e ll , Nev. York Robert H Mollohen . West Vtr g rme g.~,o~5"~~:~rladM C:;~:~~~~'a Rona ld M . Mottl Ohoo Austin J !\o\urphy Pennsyl \ante John T Myers lndrana John apte r . South Cero lme B tl! ichols ~l aba ma M ary Ro se Oekar Ohto George M 0 B r ten . lll!no•s Stan Pe ms Vugtnta Charle-s Pashayan Jr Californta Thomas Pet n ~•scons111 Ralph S Regu la O hoo John J Rh odf"~ .-,"'ona r\\attt"v. J Rmaldo Ne-v. Jersey Donald R1t1er Penns\-h.an•a J Krnneth Ro b mson Vugtnta John H R ous~elo t Californ •a ( ldon Rudd A r tlona R1(.hard T St:huiLe Pennsylvama Rochard C Sh•lby .-.labama Norman D Shumv.ay Caltforn•a Bud Shuster Penns\-'h.anta ri~~~~~';Jd~l:~~~~uck;w York Gldd \ s Noon C)pt"llmdln 1'.\ar-,land Flo \d 'lptonce '>ou th Car olina ~~~7~~~~"~r~~~~n M·~~o sot a O~.htd Staton V.t-\t \'trgmta Oa\e ~tockma ,.. •Ch•g an Bo '-,tump Ar •1on a f\!11\ f aullll l OUI~ dr'l4 n. f•\IOr ~~ SOUfi P ul ~ f11blf" Jr IIQ•n•a. Gu\--\and~r J qt Mtt ··~an Har old L olkm r ~~~\Our• \\ ll•am ( \\<amplto• \ u <J•n•a i .1 \Aptl~r Qh,o t. ~~~~~ •m \A-h•t~hur,t uq•n•a cn.ult-\-~h lit-~ l)flh (a•ol•n• Jam•f' L \lrh•tlt ( M •~'i,')"»•PPt I ._,1,_. \\ •lham~ 0 •o I a• f\ \Ar nn Jr Kanw, ""' •o Boqa on P~r Gutrn G ... orq V.. tlf'\ ,...,.. 'Vork Cht\lrY\t·r\ P "'"''t> Oh•o ~;~~f'·~J,'lj f~~~~~k• ~.sc-on!)tn t t•o C If" I~ tlr Nf''* Vor~ i'HD ... ~ ... :. I • • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE CT September 21, 1981 _2_t Banne r Across South Broadway INITIATED BY Planning Division ACTION PROPOSED Approve the Installation o f a Banner over South Broadway for the Run for Life from September 28th t hru October lOth. INTRODUCTION : The Planning Division has been contacted by Gail E. Pundsack from St. Anthony Hospital, relative to the inst a llation of a banner over South Broadway to advertise the "lOk Run for Life" which is being held on October lOth at Ken Caryl Ranch. The money which is raised from the run will go toward the operation o f the Flight for Life emergency medical air service. This servi c e is operated by St. Anthony Hospital and serves Swedish Medica l Center and Porter Memorial Hospital in addition to several other Denv r -area hospitals. The Public Service Company has approved th e installation of the banner at the location of U.S . 285 and Morris decorating will hang, maintain, and remove the banner . (Under the provisions of the proposed amen d ed Sign Code, street banners announcing events sponsored by the City, County or School District would be approved administratively. There would be no provision in the Code for banners announcing other events .) CONCLUS I ON : The Flight for Life service i s a program whi ch serv s the Swed i h Medical Center and Porter Hospital, and it r eceives no stat or fed r 1 f unding . If the sponsors are of the opini on that the bann r wi ll id in gettin& participants in the "lOk Run fo r Life", it would app r t hat the banner would provide a community rvic • I • • • • - ST ANTHONY HOSr JITAL SYSTEMS U.NTRAL J231 Wt Sl 1 1 H AVENUE • OENVFR COLORA [)(' OR HI 2551 W!:ST 8J Itt AVE NUt • WES TMINSTeR CO LOH SUMMIT MEDICAL C NTI:R PO BOX 73 8 • FRISCO COLOR Se ptember 15, 1981 Mr s . Dorothy Romans City of Englewood 3400 South Elati Englewo od, CO 80110 Dear t•1rs. Romans: ·<O J • I.IU:Ji629-3511 ) • <!0030 • (3031 426 -2151 • ll04 43 • (30316b8-3300 l V KUt fLMAN llCCCul•vu UIICCiur On October 10, 1981, Van Schaack will host th e 1st annual lOk running race to benefit St . Anthony Hospital Systems Flight f c· Life emergency medical air service. The race will be held at the Ken Ca r;l Ranch in Littleton. To aid in promotion of the race, I would like o request that a 30' banner be placed on public service poles just north of I 1mpden on Broadway, September 28 -October 10, to read: "lOk Run for Life -October 10 629-3716" Flight for Life is a co11111unity service provid in g emergency care throughout the Rocky Mountain Region. Patients picked up by t he helicopters and fixed wing aircraft are delivered to hospitals such as Sl .'dish Medical Center, Porter Memorial, St. Luke's, Rose Memorial, Aurora Cor unity, Lutheran, St. Joseph, Aurora/Presbyterian, Denver General, Fitzsimo r Army Medical Center and St. Anthony Hospitals Central and North. The Flight for Life helicopters and fixed win g aircraft are specially equipped to de liver emergency room treatment at the sce r1 e of serious accidents and ill ne ss. Since its inception i n 1972, over 14.000 emergency missions have been f lown . Flight f or Li fe doe s not receive state or fed t al funding. Pat i en t s are char ged only a portion of the actual cost for he service and are transported rega rd l e s s of their ability to pay. Thanks t o community support throughout Colo rado , Flight for Life will continue to se t e those in need. It is my home that the City of Englewood will oin in our effort to ra i se funds for Flight for Life by participating in the pt •mo tion of our upcoming lOk race. Since r el y , ~a.J'~. ~~~L Gail £. Pund s ack, Manager De vel opment Department • I • •