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Home My WebLink About1981-10-05 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING -REGULAR October 5, 1981 • • • • • CITY COUNCIL MEETING Octob ~l~9~8~1 ______________ __ ORDINANCE I • 44, 45, 46 . yr. 71, 72 • 0 I . • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGL EWOOD, COLORADO October 5, 1981 \~ The City Council of the City of Englewood, Arapahoe County, Colora do, met in regular session on October S. 1981, at 7 :30 p .m. Mayor Oti s, presiding, called the meeting to order. The invoca ion was given by Jame s Clark, Minister of Mayflower Congrega tional Church, 3001 South Acoma Street . The pledge of alle giance was led by Boy Scou Troop #92 . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Membe rs Higd y, eal, Fitzpatrick, Keena, Bilo, Bradshaw, Oti Absent : None. The Mayor declared a quorum present . Also pre ent we e: City Manager McCown A sist nt City Manager Wanush Ci y Attorney DeWitt A sistant City Attorney Holland Direc or of Community Development Pow r D puty City Clerk Watkins COU C[L MEMB~R 8 DSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL ME .Tl G OF EPn:MB !*• 1981. Council M mber Keena second d th motion. Upon c 11 of th roll, the vote resulted as follow Aye Nay Th Council M mb r Higd y, Neal, Fitzpatrick, e na, Bilo, Bradsh w, Otis. n motion c rried. • • • I • • October 5, 1981 Page 2 • • • COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1981. Council Member Bilo seconded the moti on. Upon a call of the roll, the vote resulted ·as follows : Ayes : Nays : Abst ain : Council Members Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. Council Member Higday . The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MIN UTES OF SPECIAL MEETIN G OF SEPTE MBER 28, 1981. Council Member Keena seconded the mo tion . Upon a c all of the roll, the vote resulted as follows : Ayes : ays: Council Members Higday, Neal, Fitzpatr ick, Keena, Bilo, Bradshaw, Otis. one . Th M yor d clar d th motion carried . • * * * * * A r co ni ion cer ~ony w s held for the participants in the "Work-Recr ion" Pro r m. Mary Campbell a ssis ted Mayor Otis in presenting th~ c rtiflcates. The following youth were pres nt : St v B 11 4601 S. Lip n Laur Gibson 8 01 S. Inc Ang 1 Ha id 4685 kS. L<> Laur 37 0 Hik Oe 624 n cott Blunk 40 S. Washington 0 na Gi lin n 1317 E. ll vie D rr n icod mue 1 01 Gir rd, 1265 J !Ill 5 5 c nt • Amy Gibson 4801 S. Inca Danny Glenn 4090 s. Pearl Davis Lehnus 3730 S. Elati Li Osgood 624 E. Amh ret Sh 1 igh Wilke 4270 S. Inc I • - • October 5, 1981 Page 3 • • • Those not present were: Jennifer Ellis 4821 S. Inca Kim Mitchem 4729 S. Acoma Chris Hanley 2706 S . Grant Stacy Stevens 3835 S . Log an Eric Lone 5045 S. Delaware Jeff Weist 4550 S. Inca Mayo r Otis expressed appreciation to the young people. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 18 -24, 1981, AS "NATIONA L BUSI- NESS WOMEN'S WEEK". Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as f ollows : Ayes : Nays : Council Members Higday, Nea l, Fitzpatrick, Keena, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried . Ms. Lorraine Jenkins, president of the Englewood Busi- ness and Profes ional Women's Club, and Ms. Pat Quinn, Chairman of Nationa l Business Women's Week, were present to accept the pro- clamation. * * * * * * Pre-scheduled visitor, Ms. Gerri Cummins, president of Arapahoe County League of Women Voters, was present. Ms. Cummins noted the City's 1982 budget was being prepared and asked Council's consider tion tow rds a contribution to the League in the amount of $750 for 19 2. She noted this was what the City gave last year to the L gu . Ms. Cummin distributed samples of the typ of liter- atur th L agu pu lish s with the help from ag ncies like the City. th public whol and th * * * * * * Th r w r e no o her visitors at this time. * * * * m ting for the continuation of on fin 1 r ading approving the in Downtown District No. 1980-l • I • • • • • • October 5, 1981 Page 4 Susan Powers, Director of Community Development , came forward and pres ented a memorandum in response to the questions asked at the public hearing on Se ptember 14, 1981. Ms. Powers' response included a recommendation to change the assessments of 3484-6 South Bro ad way and 7 -9-11 West Hampden Avenue. COUNCIL MEMBER BILO MOVED TO ACCEPT THE MEMORANDUM DATED SEPTEMBER 28, 1981 , FROM SUSAN POWERS, DIRECTOR OF COM- MUNITY DEVELOPM ENT. Council Member Keena seconded the motion. Upon a call of the roll, he vote result ed as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena, Bi lo, Bradshaw, Otis . None. The May or declared the motion carried. There were no other comment s. COUNC IL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEARING. Council Member Fitzpatrick seconded the motion . Upon a ca ll of the roll, the vote resulted as follows : were : Ayes : Nays . Council M mbers Higday, Neal, Fitzpatrick, eena, Bi1o, Bradshaw, Otis. one . The May or declar d h mo ion c rried. * * * * * "Comm nic t1.on -.o Ac ion R commended" on the agenda (a) Ltquor License Authority m t t 19. 1981. ( ) Board of Car er Service Com- I ting o Aug us 20, 1981. (c) H using Authority m eting of l. (d) rd m tin ( ) nut ot th Planning nd Zoning Co mmiuion m tin~ of pt mb r 9. 1981. I • • • October 5, 1981 Page 5 (f) (g) (h) • • • Minutes of t he Parks and Recreation Commis- sion meeting of September 10, 1981. Me moran dum from the Director of Libraries to the City Manager concerning her attend- ance at the American Library Association Conference, June 26 to July 2, 1981 in San Fr a nci sco. Mem orandum from the Acting Fire Chief to the City Manager con cerning his attendance at the International Association of Fire Chiefs' 108th An nual Co nference in St. Louis, Missouri, September 13 -16, 1981 . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SH. Cou ncil Member Keena seconded the motion. Upon a call of the r o ll, the vote resulted as follows : Ayes : Nay s : Council Members Higday, Neal, Fitzpatrick, ena, Bilo, Bradshaw , Otis. one. The Mayor decl r d he motion ca rried. Ther w r no "Communications -Action Recommended". Ci y At orn Bill No. 75 in ccord formity to th "Wh rea " chang to $356,0 . 45. $356,04 8.45. In Numb er 197l 4 * * * * * * Wit r commended m ndm nts to Council to Ms. Po w rs' memor ndum to r fl ct con- rmul . On p ge 1, 1 s p r gr ph, laat $223,387 . , nd change$ 59, 67 .77 cion 6., chang $359,867 .7 7 to 2, Prop rty ld ntification PPI ch n 26,335 .12 to $25,3 0 .29 . In Exhibit A, page , Prop r change $17,586. 4 y 1 t n lcation PPl Numb r 1971 3 3 17 00 ORDINANC 0. SERI S OF 1981 AN ORDINAN C. APP IN DOWN TO WN lMPR 0 $11 •• 721.85. BY AUTHO lT'i OLf. lC' ILL NO. 75 l TRODU C 0 BY COU NCIL FlTZP ATRIC I • • • October 5, 1981 Page 6 • • • ENGLEWOOD, COLORADO ; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMB ER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FI RST READING, WITH THE AMENDMENTS AS READ. 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. * * * * * * City Attorney D Witt proposed an amendment to Council Bill No. 69 estab lishing procedure s before various hearing bodies for the City of Englewood. Mr. DeWitt noted the proposed amend- ment would be on page 3, 1-7 -4 COMMENCE MENT OF PROCEEDINGS, chang- ing "administrative" to "HEARING". Mr. DeWitt recommended this change so the erm could be us d in a generic sense for broader applicability. City Attorney D Witt pro posed further legislation dealing with subpoena po wer with th Liquor Licensing Authority, the Career Servi ce Board and other bodies at later date. ORDINANCE NO. 68 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AME DING TITLE I, CHAPTER 7, 0 THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED , RELATl G TO RUL OF PROCEDURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM. COUNCIL MEMBER BlLO MOVED TO PASS COUNCIL BILL NO. 69, SERIES OF 1981, ON FINAL READING. Council Memb r K n s cond d th motion. COUNCIL ~EMB E R BRAD HAW MOVED TO AMEND TH MOTION ON PAGE 3, SECOND SEN E CJ:: 1 THF. PARAGRAPH 1-7-4 "COMMENCEM NT OF PROC EDING ", TO Rtl:AO A FOLLOWS: "IN ANY PROCEEDING INVOLVING I • • • October 5, 1981 Page 7 • • • THE APPEAL OF A DECISION OF A CITY OFFICIAL, BOARD OR COMMISSION, THE APPEAL PROCEDURE SHALL BE COMMENCED BY THE FILING WITH THE CLERK OR RECORDING SECRETARY OF THE ~9KfNi&~~ HEARING BODY •.• OR OTHER ORDINANCE INVOLVED." Council Member Fitzpatrick seconded the mot ion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal asked what process was used when solicting input from the various boards and commissions. City Attorn ey DeWitt stated at the direction of Council, he sent a memo with a copy of the proposed bill to each of the quasi-judicial boards and commissions. He received written comments from a number of the board members and also received oral responses from certain board members. In addition, he re~eived replies from staff members primarily from those members who deal with quasi- judicial boards on a common basis. With respect to the Career Ser- vice Board, he discussed this matter with the attorney for the board who felt subpoena powers should be authorized as did several of the other boards. This information was received after the bill was read on first reading. Mr. DeWitt recommended an additional ordinance containing language dealing with subpoena power at another time. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keen , Bilo, Bradshaw, Otis. Non . The Mayor d clared the motion carried. ORDINANCE NO. 69 SERIES OF 1981 * * * * * * BY AUTHORITY • COU NCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL I • • • October 5, 1981 Page 8 • • • AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANI1ATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMB ER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 70 SERIES OF 1981 * * * * * * BY AUTHO RITY COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINAN CE AMENDIN G TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNI CIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCT S TO EMPLOYEES OF COMMERCI AL AND INDUSTRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. COUNCIL MEMBER BILO OVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, 0 FI AL READING. Cou ncil Member Fitzpatrick second ed the motion. Upon call of the roll, the vote resulted as follows : Aye : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, B1lo, Bradshaw, Otis. Non The Mayor d cl r d th motion carried . * * * * * COUNCIL MF.MB R E~NA MOVED TO APPROVE THE PROCLAMATION DECLARING OCTOBER 11 fHROUGH 17, 1981, AS "DOMESTIC VIOLENCE AWARE- NESS WEEK ". Council M mb r Bllo cond d the motion. Upon a c 11 of th roll, th vot r ult d s follow : Ay Council M mb r Higd y, N al, Fitzp t=ick, K n , B11o, Brad haw, Ot1 • • I • • • • • Octob er 5, 1981 1 Page 9 • Nays : Non e . The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a copy of a summons and complaint in a matter concerni ng sales and use tax ordinance and Chromatics, Inc. Mr.DeWi tt asked for permi ss ion to de fend the City i n this matter. COUN CIL MEMBER KEEN A MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTE R OF CH ROMATICS, INC. VS. THE CITY OF ENGLEWOOD. Council Member Bilo secon ded the motion . Upon a call of the rol l, the vote resulted as follows: Ayes : Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried . * * * * * * City Attorney DeWitt t ransmitted a copy of summons and complaint in the matter of After The Fox, Inc., vs. Encore, Inc . and the Ci y of Englewood. Mr. DeWitt stated the case comes as a result of a d nial of a tr nsfer of liquor license to After Th e Fox and the subsequent h aring concerning the transfer to another party. Mr. DeWitt asked for permission to defend the City and members of the Liquor Licensing Authority in this matter. COUNCIL MEMBER BlLO MOVED TO AUTHO RI ZE THE CITY ATTORNEY TO DEFEND THE CITY AND MEMBERS OF THE LIQUOR LICENSING AUTHORITY IN THE MA TTER OF AFTER THE FOX . Council Member Keena seconded the motion. Upon a call o he roll, the vote resulted as follows : Ay Council Members Higday, Neal, Fitzpatrick, K na, Bilo, Br dshaw, Otis. Nays : 'on The Mayor d cl r d the motion carried. Mayor Otis d conv n d at 8:25 p.m. call of h roll, th * * * * * * • 8 :15 p.m. Council r - call. Upon a I • - • October 5, 1981 Page 10 • • • Council Members Higday, Neal, Fitzpatrick, Keena, Silo , Bradshaw, Otis. Abs ent: None. The Mayor declared a quorum present. * * * * * * City Attorney DeWitt stated the matter of City of Englewood and Parkinson and the Judge's desire to dismiss all resisting arrest cases will be heard on October 9, 1981, in Judge Steinhart's divisi on. Loretta Huffine, Prosecutor, will be handling the agrument. * * * * * * City Attorney DeWitt stated the ordinance concerning the Cottonwood Estates Subdivision and the ordinance concerning Going-Out-Of-Bus iness will be presented at the Council meeting on October 19. * * * * * * City At torney DeWit recommended reconsideration of Council Bill No. 75, Series of 1981 to reflect the amendment mak ing the assessment ormul prop r . COUNCIL MEMBeR BRADSHAW MOVED TO RECONSIDER AGENDA ITEM 7A, COUNCIL BILL NO. 75. Council M mber Keena seconded the mo- tion. Upon c 11 of he roll , the vote resul ed as follows: Ayes : ay Council emb rs Higday, Neal, Fitzpatrick, K en , Silo, radshaw, Otis. Non Th M yor decl r the otion c rried. ORDINANCE NO. SERIES OF l98l- B UTHORlTY COU CIL BI LL NO. 75 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCr. APP OVlNG THr: WHOLE CO T OF THE I MPROV EMENTS MADE IN DOWNTOWN IMPRO EM NT D SfRlCT 0. 1980-l, IN THE CITY OF ENGLEWOOD, COLORADO ; PPR VI A D CO NFIRMING THE APP ORTIONMENT OF SAID CO T TO EACH LUT OR fRACT OF LAND I N SAID DI TRICT ; • I • - • (t • October 5, 1981 Page 11 • • • ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCRIBING THE MANNER FOR THE COLLECTI ON AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 75, ON PAGE l, SUBSTITUTI GIN THE FOURTH "WHEREAS", $223,378.86 FOR THE PRESENT FIGURE OF $219,559.54 ; ALSO, TO SUBSTITUTE FURTHER ON IN THAT SENTE NCE BY INSERTING $356,048.45 FOR $359,867.77 ; ON PAGE 4, SECTION 6, THIRD LINE SUBSTITUTING $356,048.45 FOR $359,867.77 ; ON PAGE 2 OF EXHIBIT A UNDER PRO- PERTY 1971 34 4 00 024 SUBSTITUTING AND INSERTING $25,380.29; AND ON PAGE 4 OF EXHIBIT A UNDER PROPERTY NUMBER 1971 34 3 17 008 SUBSTITUTING AND INSERTING $14,721.85. Council Member Keena seconded the motion. Upon a call of the roll, the vote on the amendmen t resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declar d the motion c rried. Upon a c 11 of th roll, the vote on the original motion resulted as follows. Ayes : Nays Council M mber Higd y, Neal, Fitzpatrick, een , Bilo, Bradshaw, Otis. None. The Mayor d~c r d th motion c rried. • * B AUTHO IT'l ORDINANCE NO. COU NC IL BILL NO. 81 SERIES OF 1 l INTRODUCED BY COU NCIL MEMBER BILO A BILL 0 AN ORDINANC E FlXl T E T L.VY IN MlLLS UPO N EACH DOLLAR OF TH ASSESS 0 VALUATION 0 ALL AXABL. PROPtRTY WITHIN THE CITY OF ENGLEWOOD, COLO DO, 0 T Y '.A 1 82 0 ESTABLISHI NG A MILL LEVY FO THe F. I.E 000 C LORA OOW OWN DEVELOPMENT AU- THOR ITY AND 0 Cl.A A E ERC. CY • • I . - • • • October 5, 1981 Page 12 • • - COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Ke na, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING FOR MORE CITIZEN INPUT INTO THE 1982 BUDGET FOR NOVEMBER 16, 1981, AT 7:30 P.M. Council Member Keena seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes : Nays : Council Members Higday, eal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None . The Mayor declared the ~otion carried . ln response to Council Member Bradsh w's question, City Manager McCown st ted the notic would be publis hed in the Englewood Citizen. a weed suggE' zoning Council M mber ke ping m ximum doll r Counci 1 M mb r n sa ou of h 1 r ho 1 * * * * "' * be n considering nd a half. He d on• consider tion w a a ed pplic nc • lot o nd people run u o maint n nc buai- nd I • • • • October 5, 1981 Page 13 • • • repair, or crafts. She stated part of the reason restrictions on this type of activity is placed is that it provides neighbor- hoods the opportunity to complain if the business becomes a nui- sance. It is a neighborhood policing type of thing and not a police law as such. Ms. Keena stated it was generally well accepted and a kind of legislation that should be kept in mind . Council Member Fitzpat rick stated if legislation is put in an ordinance then it should be extended to cover home signs, etc. * * * * * * Council Memb r Keena stated during the budget retreat Municipal Judge Parkinson requested that a judicial review committee be created to provide liaison and coordination between the Court and City Coun cil . Ms. Keena referred to a handout outlining the responsibi lities of the committee which she passed out prior to recess. Ms. Keena stated the handout provides a statement of pur- pose for the committee and defines its duties. COUNCIL MEMBER KEENA MOVED TO FORWARD A COPY OF THE HANDOUT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S PURPOSE TO FORM SUCH A CO MMITTEE AND TO DISCUSS APPOINTMENTS TO THE COMMITTE E AT THE STUDY SESSION ON WEDNESDAY. Council Member Fitzpatrick cond d th roo ion. Upon a call of the roll, the vote r ul d as follows . Ay Counc1l M mbers Higday, Neal, Fitzpatrick, een , Bilo, Bradshaw, Otis. N ys : N ne. Th Mayor d clare th motion carried. curr nee on st ff to study ses Thurs ay. Ci y M n tiona for industri r v rev nu bonds for the do on w for indu tri 1 r 5050 South Bro dw y • st ted Judge Parkinson's con- w s necess ry. Ms. Keena asked or di cussion at th Wednesday list to Judge P rkinson on * * * * ou two indue ment resolu- One provided for industrial pment project and the other for n offic complex at • I • • re • October 5, 1981 Page 14 • • • Council discussed recessing to give City Attorney DeWitt time to review the two requests . COUNCIL MEMBE R HIGDAY MOVED TO RECESS UNTIL WEDNESDAY, OCTOBER 7, 1981, AT 5:00 P.M . Mayor Oti s declared a recess at 8 :45 p.m. on Monday, October 5, 1981, until Wedne sday, October 7, 1981, at 5 :00p.m. * * * * * * Council reconvened at 5 :00p.m. on Wednesday, October 7, 1981, in the Community Room. Mayor Oti s asked for roll call. Upon a ca ll of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absen : None . The Mayor declared a quor um presen t. * * * * * * COUNCIL MEMBER BRADSHAW MOV ED TO ALLOW THE CITY AT- TORNEY TO PRESENT I FORMATION ON THE INDUST RIAL REVE NUE BON D MATTERS. Council Member K ena seconded the motion. Upon a c 11 of the roll, the vote r sulted as follo ws : Ay s : Nays : Council M mbers Hi day, Neal, Fitzpatrick, een , Bllo, Bradsh w, Otis . on The Mayor d cl r d th motion c rried. * * * * ation of cord th D Witt st t d this ection was continu- Octob r 5, 1981. H ent r d into th r - gov rning this proc ss. * * * * * • d out r olu- tion One w l re-•• Hr. nyon t. Th r wa no repr • ntativ . • I • • • • October 5, 1981 Page 15 • • • The other inducement resolution was for 5050 South Broadway Com- any. Mr. DeW itt asked if anyone was present to discuss this re- quest. Charles Smukler, P. 0. Box 22479, Denver, was present. Mr. Smukler thanked Council for the opportunity to make a pre- sentation. Mr. Smukler prese nted the development concept and plans for land at 5050 South Broadway. In response to Council Member Neal's question, Mr. Smukler stated the company is committed to construct part of the area; and with the add itional bond money, the whole area can be completed. Mr. Smukler responded to other questions, in particular, the compan y's intent was to own the property in the vicinity of the Eskimo Ski Shop and the corner gas station. The height of the structures would be two to four stories. Company represent a- tives planned to meet with people in the area to let them know what was being planned for construction and development. City Attorney DeWitt asked if the reason the company was coming before Council now was a result of certain actions that might be taken by the federal government t o possibly elimi- nate this type of funding in th future. Mr. Smukler answered no, it was not. City Atto rney DeW itt asked if the company was a war e the document for co nsideration was only an inducement resolution and would r eq uir e further action by Council; and that Council may not chos e to proceed t 11. Mr. Smukler stated the company realized this po sibili y. RESOLUTION NO. 4 2 SERIES OF 1981 A RES OLUT10 OF INDUCE ENT FOR 1 DUSTRIAL DEVELOPMENT REVENUE BONDING TO Fl ANCE A PROJECT FOR THE 5050 SOUTH BROADWAY COMPANY. COU ClL Mr:t-tBI'.. KF-E A MOVED TO PASS RESOLUTION NO. 42, SERIES OF 19 l. Council M mber Bilo a conded the motion. Ci y A orn y D Witt tr n mitted copies of lett r from H ni n, Imh off, Inc ., th City'd financial dvisor, whi ch w a in r pon to the ir ' valuation of the proposal. R - erring to th l tt r. Mr. D Witt sk d if financi l information could b provld d t l r dat • • I • • • • • October 5, 1981 Page 16 • • .. Mr. Smukler read the letter and stated current, per- sonal financial statements on the partners would be provided. Mr. Smukler asked Mr. Gerwin, the company's financial consult- ant, to respond to other parts of the letter. Robert F. Gerwin, Gerwin & Co., 620 -17th Street, Sui te 2800, Denver , stated it was the intent of the company to market the bonds privately and some private institutions have already been contacted. City Attorney DeWit t stated the resolution was written whereby the issuance of the bonds was still contingent to agree- ment on both sides. Mr. DeWitt advised proceeding with passage of the resolution . Upon a call of the roll, the vote resulted as follows : Ay es: Nays : Abs tain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None . Council Member Higday. The Mayor decl ar ed the motion carried. Council Member Higday stated he abstained for possible rea sons having to do with conflict of interest. * * * * * * City Attorney DeWitt presented the inducement resolution for Brady Enterprises. Mr. DeWitt recommended amending the reso- lution to provide for this process to be done in stages with each stage meeting the needs and desires of the Council and that Council may at any tim re use the bond issue if it is not in the best in- terest of th Ci y. RESOLUTION NO. 43 SERIES OF 1981 A RESOLUTION OF INDUCEMENT FOR INDUSTRIAL DEVELOPM ENT REVENUE BONDING TO FI ANCE A PROJECT FOR BRAD Y ENTERPRISES • COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 43, SERIES OF 1981. Council Member Fitzpatrick second d the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE RESOLU - TION BY STATING AFTER THE LAST PARAGRAP H OF THE RESOLUTION ON • I • • • • • • • October 5, 1981 Page 17 PAGE 2 BEFORE "ADOPTED AND APPROVED" THE FOLLOWING "THIS INDUCE- MENT RESOLUTION IS SUBJECT TO THE OWNERSHIP ENTITY MEETING THE ISSUER'S CRITERIA". Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote on the amendment re- sulted as follows : Ayes: Nays : Council Memb ers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follo ws : 5 :45 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis ad j ourned the meeting without a vote at • I . • REGULAR MEETING : • • • COUNCIL CHAMBE RS CITY OF ENGLE WOOD , COLORADO October 5 , 1981 \0-- Th e City Council of the City of Englewood, Arapahoe Co unty , Colorado , met in regular sess ion on October 5, 1981, at 7 :3 0 p.m. May or Otis, presiding, c alled the meeting to order. The invocation was given by James Clark, Minister of Mayflower Congregational Church, 300 1 South Acoma Street. The pledge of al legiance was led by Boy Scout Troop #92. May or Otis asked for roll call. Upon a call of the roll, the fo llowing were present: Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Absent : None. The Mayor declared a q uorum present. * * * * * * Also present were: City Ma n ager McCown Assistan t Ci ty Manager Wanush City Atto rney DeWitt Assistant City Attorney Holland Dir ctor o f Commun i ty Development Po w rs Deputy City Clerk Watk i ns * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE TH E MI NUTES OF THE SPECIA L MEETl G OF SEPTE~BER 14, 1981. Co un cil Me mber Keena seconded the mo ion. Upon a c 11 of the roll , t h e v o te resulted as follows · Ay Nays : Council M mber Higday, Nea l, Fi tzpatrick, K ena, Silo, Bradshaw, Ot is . None. Th Mayor declar J h motion carried. * * * * * * • I • • October 5, 1981 Page 2 • • • COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1981. Council Memb er Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain : Council Members Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL EMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 1981. Council Member Keena seconded the motion. Upo n 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 . * * * * * * A re cogni ion ceremony was held for the participants in the "Work -Re cre ti n" Pro r m. Mary Campbell assisted Mayor Otis in presenting the c r ificates. The following youth were present: Stev Bell 4601 S. Lipan Laur Gibson 4801 S. Inca Ang l Haidon 4685 kS. Log n L urel L hnus 37 0 • El i Mik Osgood 624 E. Amher t Scott Blunk 640 S. Washington Dana Gieli s n 1 17 E. Belleview Yvett H lfer 4180 S. Ja on D rren Nicod mus 1801 E. Gir rd, #265 Jamie W 11 c 4585 S. G ant Amy Gibson 4801 S. Inca Danny Glenn 4090 S. Pe rl Davis Lehnus 3730 S. Elati Lis Osgood 624 E. Amherst Sh leigh Wilks 4270 S. Inca I • - • October 5, 1981 Page 3 • • • Those not present were: Jennifer Ellis 4821 S. Inca Kim Mitchem 4729 S. Acoma Chris Hanley 2706 S. Grant Stacy Stevens 3835 S. Logan Eric Lone 5045 S. Delaware Jeff Weist 4550 S. Inca Mayor Otis expressed appre ci ation to the young people. * • * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 18 -24, 1981, AS "NATIONAL BUSI- NESS WOMEN'S WEEK". 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. None. The Mayor declared the motion carried. Ms. Lorraine Jenkins, president of the Englewood Busi- ness and Professional omen's Club, and Ms. Pat Quinn, Chairman of National Business Women's Week, were present to accept the pro- clamation. * * • • * * Pr -sch duled visitor, Ms. Gerri Cummins, president of Arapahoe County Le gue of Wom n Voter , was present. Ms. Cummins noted th City's 1982 budget w s being prepared and asked Council's consider tion tow rd a contribution to the League in the amount of $750 for 1982. She noted this w s what th Ci y Kave last year to the Le gu Ma. Cummin diatr but d ampl o th typ of liter- ature the Le g pub1i h a ith th h lp rom ag net. s like the City. * * • * * * Th r w r no <) h r v isitor t th 1.s time. * * • th in for th continuation of th publi c ordin on final r din approvin th whol coat m nta in Down own Diatrict o. 1980-1 and th I • • • • • • October 5, 1981 Page 4 Susan Powers , Director of Community Development, came forward and presented a memorandum in response to the questions asked at the public hearing on Septembe r 14, 1981. Ms. Powers' response included a recommendation to change the assessments of 3484-6 So uth Broadway and 7-9-11 West Hampden Avenue. COUNCIL MEMBER BILO MOV ED TO ACCEPT THE MEMORANDUM DATED SEPTEMBER 28 , 1981 , FROM SUSAN POWERS , DIRECTOR OF COM- MUNITY DEVELOPMEN T. Coun cil Member Keena seconded the motion. Upon a call of the roll, he vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor dec lared the motion carried. Ther e were no other co mments. COUNC IL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEARING. Council Member Fitzpatri ck seconded the motion. Upon a call of the roll, the vote resul ted as follows : were : Ayes : Nays : Council Memb ers Higday, Neal , Fitzpatrick, Keena , Bilo , Bradshaw, Otis. one . The Mayor declar d the motion carried. * * * * * * "Communi cations -No Action Recommended" on the agenda (a) (b) (c) (d) ( ) Minu es of th Liquor License Authority m ing of August 19, 1981. Minutes o th Board of Ca reer Service Com- ml ~ion rs mP t ing o Augus t 20, 1981 . 0 th Housing Authority m eting of 1 81. h Public Libr ry Board meeting r 8, 1981. Mi nute o th Pl nnlng nd Zoning Commi aion m ing of S pt mber 9, 1981 • • I • • October 5 , 1 9 81 Page 5 (f ) (g) (h ) • • • Minutes o f the Parks and Recreation Commis- s i on mee ting of September 10, 1981. Memorand um from the Director of Libraries to the City Manager concerning her attend- ance at the Am erican Li brary Association Conf e r e n ce, June 26 to July 2, 1981 in San Fr anc isco . Me morandum fro m the Ac ting F i re Chief to the Ci t y Manager co n ce rning h i s at t endance at the Intern ati onal Association of Fire Chiefs' 10 t h An nua l Conference in St. Louis, Missouri, Sep embe r 13 -16 , 1 98 1 . COUNCIL MEMB ER BRADSHAW MO VED TO ACCEPT "COMMUNICATIONS - NO ACTI ON RECOMME OED" AGEN DA I TEMS SA -SH. Council Member Keena seconded the motion. Upon a c all of t h e r oll, the vo te resulted as f o llows : Ayes : Nays : Co un ci l Mem b ers Higday, Neal , Fitzpatrick, e ena, Bilo, Bradshaw, Ot is. on The Ma yo r decl r d t he motion carri ed. * '* * * * * There w re no "Co mmun i cations -Action Recommended ". * * * * * * City Attorney mendmen s to Council Bi ll No . 75 i n ccordanct to . Po w r ' memorandum to reflect con- formity to th e s ssm n t rmul . On p ge l, last par gr aph, la st "Wh r s" c h ang $219, ':19.5 to $223 ,3 7 .86, nd ch nge $ 59,8 6 7 .7 7 to $356,0 8 . 5 . On p , St'c !.on 6 ., ch ange $359,867 .77 to $356,048. S. ln ~xhibi A, p e 2, Pr op r y Identification PPI Num ber 197 1 4 4 00 02~ ch ng $2b,335 .12 to $25 ,380.29. In Exhibi t A , pa ge , Pro p rty ld nti ic ion PPI Number 1971 34 3 17 00 8 chan g $17,5 8 6 . 4 o 14, 21 .85 . BY AU HO I TY OR DI NANC . NO. SE RIES OF l l AN I N DOWNTOW COU NCIL BILL NO . 75 I TRODUCED BY COU NCIL MEMBE R FITZ PATRIC K COST OF THE I MPROVE MENTS MA D 0. l 80 -l , IN THE CITY OF I • October 5, 1981 Page 6 .. • • • ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHAR E OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZ PATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING, WITH THE AMENDMENTS AS READ. Council Mem ber Bra dshaw seconded the motion. Upon a call of the roll, the vote resulte d as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt proposed an amendment to Council Bill No. 69 establishing procedures before various hearing bodies for the City of Englewood. Mr. DeWitt noted the proposed amend- ment would be on page 3, 1-7-4 COMMENCEMENT OF PROCEEDINGS, chang- ing "administrative" to "HEARING". Mr. DeWitt recommended this change so the term could be used in a generic sense for broader applicability. City Attorney D Witt proposed further legislation dealing with subpoena power with th Liquor Lie nsing Authority, the Career Service Board and othe r bodies at a lat r date. ORDINANCE NO. 68 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BI LO AN ORDINANCE AMF. DING TITLE I, CHAPTER 7. OF THE ENGL WOOD MUNICIPAL CODE '69. AS AM OED, RELATl G TO ULES OF PROCEDURE BEFORE HEARING BODIES OF THE ClTY AND PROVIDING FOR APPEAL THEREFROM. COUNClL M~MB~R BlLO MOV ED TO PASS COUNCIL BILL NO. 69, SERIES OF 1981, 0 Fl AL READIN . Council M rob r Keena s cond d the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION ON PAGE • SECOND SENTE C lN fH~: PARAGRAPH l-7-"COMMENCEM NT OF PROCEEDINGS ", TOR AD AS FOLLOwS : "1 ANY PROCEEDING tNVOt.VlNG • I • • - • October 5, 1981 Page 7 • • • THE APPEAL OF A DECISION OF A CITY OFFICIAL, BOARD OR COMMISSION, THE APPEAL PROCEDURE SHALL BE COMMENCED BY THE FILING WITH THE CLERK OR RECORDING SECRETARY OF THE A~Ni~~~HEARING BODY ... OR OTHER ORDINANCE INVOLVED." Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal asked what process was used when solicting input from the various boards and commissions. City Attorney DeWitt stated at the direction of Council, he sent a memo with a copy of the proposed bill to each of the quasi-judicial boards and commissions. He received written comments from a number of the board members and also received oral responses from certain board members. In addition, he received replies from staff members primarily from those members who deal with quasi- judicial boards on a common basis. With respect to the Career Ser- vice Board, he discussed this matter with the attorney for the board who felt subpoena powers should be authorized as did several of the other boards. This information was received after the bill was read on first reading. Mr. DeWitt recommended an additional ordinance containing language dealing with subpoena power at another time. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non The Mayor decl red the motion carried. ORDINANCE NO. 69 SERI S OF 1 l * * * * * * BY AUTHORITY • COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL I • October 5, 1981 Page 8 • • • AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGATE SANIT ATION DISTRICT CONCERNING CERTAIN REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FIN AL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Na ys: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 70 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDIN G TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNI CIPAL CODE OF '69, AS AMENDED , ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF CO MM ERCI AL AND INDUSTRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. COUNCIL MEMB ER BILO MOVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded he motion. Upon c 11 of th roll, the vote r sulted as follows: Ay s : N ya : Council M mbers Higday, Neal, Fitzpatrick, een , Silo, Bradehaw, Otis. Non Th yor d c l r d h motion carried. * .. * * * * CO ClL • RP.R .~NA MOVED TO APPROV TH PROCLAMATION D CLARING OC 0 .R 11 THROUGH 17, 19 1, AS "0011: STlC VIOL NC AWAR- N SS WE K". Co n e ll He r Bllo s cond d h o ion. Upon a call of th roll, h vot r ulted aa ollo Ay Council H mb ra Hi&d y, al, itapa rick, na, ilo, Brad h w, 0 ia • • I . • • Octob er 5, 1981 Page 9 Nays : None. • • • The Mayor declared the motion carried. * * * * * * City Attorn ey D Witt transmi t ted a copy of a summons and complaint in a matter concerni ng sales and use tax ordinance and Chromati cs, Inc. Mr.De Witt asked fo r permission to defend the City in this matter. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER OF CHRO MATICS, INC. VS. THE CITY OF ENGLEWOOD. 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. None. The Mayor declared the motion carr ied. * * * * * * City Attorney DeWitt transmitted a copy of summons and complaint in the matter of After The Fox, Inc., vs. Encore, Inc. and the City of Englewood. Mr. DeWitt stated the case comes as a result of a denial of a transfer of liq uor license to After The Fox and the subsequ ent hearing concerning the transfer to another party . Mr. DeWitt asked for permission to defend the City and members of the Liquor Licensing Authority in this matter. COUNCIL MEMBER BILO MOVED TO AUT HORIZE THE CITY ATTORNEY TO DEFEND THE CITY AND MEMBERS OF THE LIQUO R LICENSING AUTHOR ITY IN THE MATTER OF AFTER THE FOX. Council Member Keena seconded the motion. Upon a c 11 of th roll, the vote resulted as follows : Aye . Council M mb r Higday, Neal , Fitzpatrick, K en . Bilo, Br d h w, Otis . Nays : on The May or d cl r d th motion carri d. Mayor Ot s d conven d at 8 :25 p.m. call of th roll, th * * * * * * t 8 :15 p.m. Council r - for roll c 11 . Upon pr sent : • 0 I • - • October 5, 1981 Page 10 • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Abs ent: None. The Mayor declared a quorum present . * * * * * * City Attorney DeWitt stated the matter of City of Englewood and Parkinson and the Judge's desire to dismiss all resisting arrest cases wil l be heard on October 9, 1981, in Judge Steinhart 's division. Loretta Huffine, Prosecutor, will be handling the agrument. * * * * * * City Attorney DeW it t stated the ordinance concerning the Cottonwood Estates Subdivision and the ordinance concerning Going-Out-O f-Business will be presented at the Council meeting on October 19. * * * * * * City Attorney DeWitt r commended reconsideration of Council Bill No. 75, Seri~s of 19 1 to reflect the amendment making the assessmen t ormula proper. COUNCIL MEMBER BRADSHAW MOVED TO RECONSIDER AGENDA ITEM 7A, COUNCIL BIL L NO. 75 . Council Mem ber Keena seconded the mo- tion. Upon a call of h r oll, the vot e resulted as follows: Ayes : Nays : Council Membe s Higday, Neal, Fitzpatrick, K~~na, Bilo , Brad haw, Otis. No n Th yor decl r d th motion c rried. ORDINANCE NO. SERIES OF 1981 __ _ BY AUTHORITY COUNCIL BILL NO. 75 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPR OVI G nu. HOL. C T OF THE IMPROVEMENTS MADE IN DOWNTOWN IMPROV MENT DlST ICT NO. 1980-1 , IN THE CITY OF ENGLEWOOD, COLORADO ; PPROVI ~ AND CONFIRMING THE APPORTIONMENT 0 SAID COST TO EACH l.OT OR RACT 0 0 IN SAlD DISTRICT; • 0 I • - ( October 5, 1981 Page 11 • • • ASSESS ING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBI NG THE MANN ER FOR THE COLLECTION AND PAYMENT OF SAID AS SESS MENTS; AND DECLARING AN EMERGENCY. COUNCI L MEMBER FITZ PATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the mot ion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BIL L NO. 75, ON PAGE 1, SUBSTITUTING IN THE FOURTH "WHEREAS", $223,378.86 FOR THE PRESENT FIGURE OF $219,559.54 ; ALSO, TO SUBSTITUTE FURTHER ON IN THAT SENTENCE BY INSERTING $356,048.45 FOR $359,867.7 7; ON PAGE 4, SE CTIO N 6, THIRD LINE SUBSTITUTI NG $356,048.45 FOR $359,867.77; ON PAGE 2 OF EXHIBIT A UNDER PRO- PERTY 1971 34 4 00 024 SUBSTITUTING AND INSERTING $25,380.29; AND ON PAGE 4 OF EXHIBIT A UNDER PROPERTY NUMBER 1971 34 3 17 008 SUBSTITUTING AND INSERTING $14,721.85. Council Member Keena seconde d the motion. Upon a call of the roll, the vote on the amendm ent resulted as follows: Ayes : Nays : Council Memb e rs Higday, Neal , Fitzpatrick, Kee na, Bilo, Bradshaw, Otis . None . The Mayor declared the ruotion carried. Upon a c 11 of the roll, the vote on the orig inal motion res ulted as follows : Ayes : Nays : Council M mber Higday, Neal, Fitzpatrick, eena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 19 1 * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 81 I TRODUCED BY COU NCIL MEMB ER BlLO AN 0 OINANCE FlXIN THE TAX LF.VY IN MILLS UPON EACH DOLLAR OF TH A SS~SSED VALUAriON OF ALL TAXABL. PROPERTY WITHIN THE CIT Y OF E NGLE~OOD, COLO DO, FOR rHE YEAR 1982 AND ESTABLISHING A MILL LEVY FO THE F .. CLEWOOO COLO DO DO WN TO WN 0 VELO PMENT AU- THORITY AND 0 CI~ 1 N F.M RG. CY. • 0 I . • ( ( • • • October 5, 1981 Page 12 COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick 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 MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING FOR MORE CITIZEN INPUT INTO THE 1982 BUDGET FOR NOVEMBER 16, 1981, AT 7 :30 P.M. Cou ncil Member Keena secon d e d the motion. Upon a call of the roll, th vote resulted as follows : Aye s: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The May o r declared th ~otion carried. In r esponse to Counci l Member Br dsh w's question, City Manager McCown stated the notic would be publi shed in the Englewood Citizen. ping n •• ou Council Memb r and litter h h d Council 11 ximum Council 0 h ir M b doll * * * * * d n con id r tion w d 1 t 0 buai- nc nd nd • 0 I • • - ( (. ( • October 5, 1981 Page 13 • • • repair, or crafts. She stated part of the reason restrictions on this type of activity is placed is that it provides neighbor- hoods the opportunity to complain if the business becomes a nui- sance. It is a neighborhood policing type of thing and not a police law as such. Ms. Keena stated it was generally well accepted and a kind of legislation that should be kept in mind. Council Member Fitzpatrick stated if legislation is put in an ordinance then it should be extended to cover home signs, etc. * * * * * * Council Member Keena stated during the budget retreat Mun icipal Judge Parkinson requested that a judicial review committe e be created to provide liaison and coordination between the Court and City Counc i l. Ms . Keena referred to a handout outlining the responsibilities o f the committee which she passed out prior to recess. Ms. Keena st at ed the h a ndout p r ovides a statement of pur- pose for the committ ee and defines its duties. COUNC IL MEMBER KEENA MOVED TO FORWARD A COPY OF THE HANDOUT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S PURPOSE TO FORM SUCH A COMM I TTEE AND TO DISCUSS APPOINTMENTS TO THE COMMITTE E AT THE STUDY SESSION ON WEDNESDAY. Council Member Fitzpatrick s econded t h e mo ion . Upon a call of the roll, the vote res ulted as follows : Ayes . Coun cil Me mbers Higday, Neal, Fitzpatrick, K een~. Bilo , Bradshaw, Otis. a ys : Non . Th Mayor declared the motion ca r r ied. Council M mb r Ke n1 st ted curr nee on the ppointm s w n c st ff to com u p wi h n m f o r di s tudy se sion nd to give th list Thur d y . Judge ary. sion Judge * * * * * Parki n son's con- M . K n a asked t h W dnesday P rki nson on Ci y Man ger McCown pass d out t wo induc em nt resolu- t i o ns for tndu tri 1 rev nu bon d s . On p rov i ded for industri 1 rev nu bonds ·or th down o wn d v lo pm n p roj c nd the other on w s or in d u rt 1 r ven u bond f or an o f ic complex t 50 0 South Broadw y. • 0 I • ( • Octob e r 5, 1981 Page 14 • • .. Coun ci l d i scussed recessing to give City Attorney DeWitt time to review t he tw o r equests. COUN CIL MEMBER HI GDAY MOVED TO REC ESS UNTI L WEDNESDAY, OC TOBER 7 , 1 98 1, AT 5:00 P.M. Mayor Oti s d eclared a recess at 8 :45 p.m. on Monday, October 5, 1981 , unt i l We dnesday, October 7, 1981, at 5 :00p.m. * * * * * * Coun c il re convened at 5:00p.m. on Wednesday, October 7, 1981, in the Commu nity Room. Ma yor Otis asked for roll call. Upon a call of t he r oll, t h e following wer e present : Council Members Hi gday, Neal , Fitzpatrick , Keena, Bilo , Bradshaw, Otis . Absent: None . The Mayor declared a quorum pre s ent . * * * * * * COUNCIL MEMBER BRADSHAW MO VED TO ALL OW THE CITY AT- TORNEY TO PRESE T INFORMATION ON THE I NDUST RI AL REVENUE BOND MATTERS. Council Member Keena seconded the mo t ion. Upon a call of the roll, the vote resulted as follo ws : Ayes : Council M mb rs Higday, Ne a l, Fitzpatrick, Keen , B1lo, Bradshaw, Otis , Nays · Non The ~1yor d cl red the motion carri d. * * * * * * City At orney D Wi t t t d this section was a continu- ation of th m eting of October 5, 1981. He nt r d into the re- cord th rul s o order gov rning this proce s. • * * * * * Ci y At orn y D Witt p s tiona for Counc 1' c nsid ration. v nu bond for Br•dy En rpris was pr s nt to discuss th r qu d out t wo indue m nt r olu- On w s for industrial re- Mr . D Witt ak d if anyon Th r was no r pr s nt tiv • • I • • October 5, 1981 Page 15 • • • The other inducement resolution was for 5050 South Broadway Com- any. Mr. DeWitt asked if anyone was present to discuss this re- quest. Charles Smukler, P. 0. Box 22479, Denver, was present. Mr. Smukler thanked Council for the opportunity to make a pre- sentation. Mr. Smukler pre sented the development concept and plans for land at 5050 South Broadway. In response to Council Member Neal's question, Mr. Smukler stated the company is committed to construct part of the area; and with the additional bond money, the whole area can be completed. Mr. Smukler responded to other questions, in particular, the company's intent was to own the property in the vicinity of the Eskimo Ski Shop and the corner gas station. The height of the structures would be two to four stories. Company representa- tives planned to meet with people in the area to let them know what was being planned for construction and development. City Attorney DeWitt asked if the reason the company was coming before Council now was a result of certain actions that might be taken by the federal government to possibly elimi- nate this type of funding in the future. Mr. Smukler answered no, it was not. City Attorney DeWitt asked if the company was aware the document for consideration was only an inducement resolution and would require fu rther action by Council; and that Council may not chose to proceed at all. Mr. Smukler stated the company realized this possibility. RESOLUTION NO. 42 SE RIES OF 1981. A RESOLUTION OF INDUCEMENT FOR INDUSTRI AL DEVELOPMENT REVENUE BONDING TO Fl M~CE A PROJECT FOR THE 5050 SOUTH BROADWAY COMPANY. COUNCIL MEMBER KEENA MOVED TO PASS RESOLU TIO N NO. 42, SERIES OF 1981. Council M mber Bilo s conded th motion. Ci y Attorn from H nifen, Imhoff, was in r sponse to th ferring to th 1. tt r, could b provid d t y D Witt tr nsmitt d copies of letter Inc., the City's financi 1 dvisor, which firm 's evalu tion of the propo al. R - Mr. D Witt sk d if financial information 1 ter date. • I • • October 5, 1981 Page 16 • • .. Mr. Smukler read the letter and stated current, per- sonal financial statements on the partners would be provided. Mr . Smukler ask ed Mr. Gerwin, the company's financial consult- ant, to respond to other parts of the letter. Robert F . Gerwin, Gerwin & Co., 620 -17th Street, Suite 2800, Denver, stated it was the intent of the company to market the bonds privately and some private institutions have already been contacted. City Attorney DeWitt stated the resolution was written whereby the issuance of the bonds was still contingent to agree- ment on both sides. Mr. DeWitt advised proceeding with passage of the resolution. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abs tain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Memb er Higday. The Mayor de cl ar ed the motion carried. Cou nci l Member Higd y stated he abstained for poss ible r ea sons having to do with conflict of interest. * * * * * * City Attorney DeWitt presented the inducement resolution for Br dy Enterprises. Mr. DeWitt recommended amending the reso- lution to provide for this process to be done in stages with each stage meeting the needs and desires of the Cou ncil and that Council may at any time refuse the bond issue if it is not in the best in- terest of the City. RESOLUTION NO. 43 SERIES OF 1981 A RESOLUTION OF INDUCEMENT FOR INDUST RIA L DEVELOPMENT REVENUE BONDING TO FINANCE A PROJECT FOR BRADY ENTERPRISES . COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 43, SERIES OF 1981. Council M mb r Fitzpatrick seconded the moti o n. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE RESOLU- TIO N BY ST AT ING AFTER THE LAST PARAGRAPH OF THE RESOLUTION ON • I • • • • • October 5, 1981 Page 17 PAGE 2 BEFORE "ADOPTED AND APPROVED" THE FOLLOWING "THIS INDUCE- MENT RESOLUTION IS SUBJECT TO THE OWNERSHIP ENTITY MEETING THE ISSUER'S CRITERIA". Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: 5 :45 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • ... I - • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 5, 1981 \~ The City Council of the City of Englewood, Arapahoe County, Co lorado, met in regular ses sion on October 5, 1981, at 7 :30 p.m. Mayor Otis, pres i ding, called the meeti ng to order. The invocation was given by James Clark, Minister of Mayflower Congr egational Church, 3001 South Acoma Street. The pledge of allegiance was led by Boy Scout Troop #92 . Mayor Otis asked for roll cal l. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitz patrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Ma yor declared a quorum present. * * * * * * Also present wer e: City Manager McCown Assi tant City Manager Wanush City Attorney DeWitt Assistant City Attorney Ho lland Director of Community Development Powers Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW M VED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 14, 1981. Council Member Keena seconded the motton. Upon c 11 of th roll, the vote r aulted as follow Aye : Council Member Higd y, Neal, Fitzpatrick, e na, Bilo, Brad haw, Otis. Nays : on . The yor declared h motion c rried. * * * " * * • I • - • October 5, 19 81 Page 2 • • • COUNCIL MEMBE R KEEN A MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1981. Council Member Bilo seconded th e moti on . Upo n a call of the roll, the vote resulted as follows : Ayes : Nays: Abstain : Council Members Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. Coun cil Member Higday. The Mayor declar ed the motion carried. * * * * * * COUN CIL MEMB ER BRADSHAW MOVED TO APPROVE THE MINUTES OF SPECIAL MEETIN G OF SEPTEMBER 28, 1981. Council Member Keena seconded the mot ion . 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 d the motion carried . * * * * * * A recognition ceremony was held for the participants in the "Work-Recreation" Pro ram. Mary Campbell assisted Mayor Otis in presenting the c ttificates. The following youth were present: Steve Bell Scott Blunk Amy Gibson 4601 s. Lipan 640 S. Washington 4801 s. Inca Laur Gibson D n Gieli sen Danny Glenn 4801 s. Inc 1317 E. Belleview 4090 s. Pearl Angel Haidon Yve te Helfer Davis Lehnus 4685 kS. Lo n 1 0 S. J son 3730 S. El ti Laur 1 L .hnus D rr n icod mus Lisa 0 good 3730 s. Ela i 1801 Gir rd, 1265 624 E. Amh rat Mik Osgood J ml Wall c Sh l igh Wilke 624 E. Amh ret 4585 s. rant 4270 s. Inca • I • • - • • October 5, 1981 Page 3 • • • Those not present were : Jennifer Ellis 4821 S. Inca Kim Mitchem 4729 S. Acoma Chris Hanley 2706 S. Grant Stacy Stevens 3835 S. Logan Eric Lone 5045 S. Delaware Jeff Weist 4550 S. Inca Mayor Otis expressed appreciation to the young people. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 18 -24, 1981, AS "NATIONAL BUSI- NESS WOMEN'S WEEK". 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. None. The Mayor declared the motion carried . Ms. Lorraine Jenkins, president of the Englewood Busi- ness and Professional Women's Club, and Ms. Pat Quinn, Chairman of National Busin ess Women's Week, were present to accept the pro-clamation. * * * * * * Pre-scheduled visitor, Ms. Gerri Cummins, president of Arapahoe County League of Wom n Voters, was present. Ms. Cummins noted the City's 1982 budget was being prepared and asked Council's consideration toward a contribution to the League in the amount of $750 for 1982. She noted thi was what the City gave la t y ar to the L agu . Ms. Cummin distr but d s mples of the type of liter- atur th L agu publi h with the help from agenci lik the City. * * * • * Th r w re no o h r vi sitors t this time. * * • * * • yor 0 i op n d th m ting for th continuation of th public rin on the ordin nee on final r ding pproving th whol coat of th improv m nts m d in Downtown District No. l 80-l and th ass sam nt roll. • I • • • • - October 5, 1981 Page 4 Susan Powers, Director of Community Development, came forward and presented a memorandum in response to the questions asked at the public hear i ng on September 14, 1981. Ms. Powers' response included a recommendation to change the assessments of 3484-6 South Broadway and 7-9-11 West Hampden Avenue. COUNCIL MEMBER BILO MOVED TO ACCEPT THE MEMORANDUM DATED SEPTEMBER 28, 1981, FROM SUSAN POWERS, DIRECTOR OF COM- MUNITY DEVELOPMENT. Co un cil Member Keena seconded the motion. Upon a call of the r oll, the vote resulted as follows: Ayes : Nays : Coun c il Members Higday, Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. The Mayo r declared the motion c arried. There we re no other comme n t s. COUNCI L MEMB ER KEE NA MOV ED TO CLOSE THE PUBLIC HEARING. Council Member Fi tzpatrick secon ded the motion. Upon a call of the roll, the v o t e re sulted a s follows : were : Ay e s . Council M mbPrs Higd ay, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Na y s : Non . Th yor declar d th mo ion c r ri e d . * * * • * * "Co unic tiona -No A ion Recommended" on the agenda ( ) (b) (c) (d) ( ) 0 0 h e Board of Car tlng o Augua Authority r Servic Co m- 20. 1981. thP H u ing Authority m ing of 19 l. h P1bl c Library Board ti n r 8, 1981. th Pl nning nd Zoni n Co iaaion s p •mb r 9, 1981 • • I • • October 5, 1 9 81 Page 5 (f) (g) (h ) • • • Min u te s o f t he Parks and Recreati on Commis - s i on meet ing o f September 10, 198 1 . Memoran dum from the Director of Libraries to the City Manager concerning her attend- ance at t h e Ame r ican Li brary Association Confe r en ce , June 26 to July 2, 1981 in San Franci sco . Memorandum fro m the Acti n g F i re Chief to the City Manager con ce rn i ng his attendance at the Inte r n a t i on al Association of Fire Chiefs' l08th Annual Conference in St. Louis, Missouri, September 13 -16 , 1 98 1 . COU NCIL MEMBER BRADSHAW MOVED TO ACCEPT "C OMM UNICATI ONS - NO ACTI ON RECOMMENDED" AGENDA ITEMS SA - 5H. Council Member Keen a seconde d the motion. Upon a call of the ro l l, th e vot e re s u l t ed as follows : Ayes: Nays : Council Members Higday, Ne al, Fi t z patrick, Keena, Bilo, Bradshaw, Otis . Non The Mayor decl red the motion c rried. There were no "Communications -Action Recomm ended". * * * * * * City Attorney DeWit recommended amendments to Council Bill No. 75 in accordance to Ms. Po wers' memorandum to reflect con- formity to the ass s'm nt formula. On page 1, last par gr ph, last "Where s" chang $219,559.5 o $223,387.8 , nd ch nge $359,867.77 to $356,0 8.45. On p 4, S ctlon 6., chang $359,867.77 to $356,048.45. ln Exhihi A, p ~ 2, Property Id ntification PPI Number 1971 4 4 00 02 ch np, $26, 5.12 to $25,380.29. In Exhibit A , page , Prop r y ld n ifi tion PPI Number 1971 34 3 17 00 8 chang $17,586.34 to $14,721. 5. ORDINANCE NO. SERIES OF 1981 BY AUTHO ITY COUNCIL BILL NO. 75 INTRODUCED BY COU NCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE W OL~ COST OF THE IMPROVEMENTS MADE IN DOWNTOWN IMPROVI::MI':NT Dl l'RICf 0. 1 0-1, IN THE CITY OF • I • • • October 5, 1981 Page 6 • • • ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FIT ZPATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON F IRST READING, WITH THE AMENDMENTS AS READ. Council Memb e r Bradshaw seconded the motion. Upon a call of the roll, t he vo t e re s u l t ed as follows : Ayes : Nays : Co un cil Membe r s Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carr ie d. * * * * * * y Attorney D Witt pro pos ed a n am e ndment to Council Bill t bli hing procedure b e f o re v a r ious hearing bodies o Englewood. Mr. De Wi t t noted the proposed amend- on p ge , 1-7-4 CO MM ENCEMEN T OF PROCEEDINGS, chang- in "ad nia r tiv " o "HEARl G". Mr. DeW i tt recommended this chan e so the could us d in a gene r ic sense f o r broader appl1cab111 City At o r ney D Witt pro posed further legislation d alin wi h subpoena po wer wi h th e Liquor Li c ensing Authority, t h Car r S rvic Board nd other b od i es at a la t er dat e . ORDI ANCE NO . 68 SERIES 0 19 1 BY AUTHORIT Y COUN CI L BI LL NO. 6 9 I NTRO DUCE D BY COU NCIL MEMBER BILO AN ORDINANC. AMEND! G TlTL I, CHAPTER 7. OF THE ENGLEWOOD MUNICIP AL CODE '69, AS AM D D, RELATl G TO RUL S OF PRO CEDU RE BEFORE HEAR I NG BODIES OF TH CITY AND PROVIDING FOR APPEAL THE REF ROM. COUNClL MEMBER BlLO MOVED TO PAS S COU NCIL BILL NO. 69 , SE RIES OF 1981, ON FINAL READING. Co uncil M mb r Ke n a s co nd d t h mo tion . COU NCIL MEMBER BRADSHAW MOVED TO AM END THE MOT ION ON PAGE 3, SECOND SENTENCE IN THE PARA GRA PH l-7-4 "COMM ENCE MENT OF PRO CEEDI NGS", TO READ AS FOLLOWS: "I N AN Y PRO CEE DING I NVO LVI NG • I • • - • • October 5, 1 981 Page 7 • • • THE APPEAL OF A DECISION OF A CITY OFFICIAL, BOARD OR COMMISSION, THE APPEAL PROCEDURE SHALL BE COMMENCED BY THE FILING WITH THE CLERK OR RECORDING SECRETARY OF THE ~~Mi~~~ HEARING BODY ... OR OTHER ORDINANCE INVOLVED." Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal asked what process was used when solicting input from the various boards and commissions. City Attorney DeWitt stated at the direction of Council, he sent a memo with a copy of the proposed bill to each of the quasi-judicial boards and commissions. He received written comments from a number of the board members and also received oral responses from certain board members. In addition, he received replies from staff members primarily from those members who deal with quasi- judicial boards on a common basis. With respect to the Career Ser- vice Board, he discussed this matter with the attorney for the board who felt subpoena powers should be authorized as did several of the other boards. This information was received after the bill was read on first reading. Mr. DeWitt recommended an additional ordinance containing language dealing with subpoena power at another time. Upon a call of the roll, the vote on the original mo- tion resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, K n a, Bi1o , Bradshaw, Otis. Non • Th Mayor dec1 red th motion carried. ORDINANCE NO. 69 SERIES OF 1981 * * * * * * BY AUTHORITY • COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL I • • • • October 5, 1981 Page 8 • • • 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. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FINAL READING. Council Member Bradshaw sec- onded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Na ys: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor de clared the motion carried, ORDINANCE NO. 70 SERIES OF 1981 ., ., ., ., ., ., BY AUTH ORITY COUNCIL BILL NO. 77 INTRODUCED BY COUNCI L MEMBER SILO AN ORDINANCE AM ENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNI CIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCT S TO EMPLOY ES OF COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY . CO UN ClL MEMBER SILO MOV ED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, ON FINAL READING. Cou n cil Memb r Fitzpatrick aecond d the motion. Upon call of th roll, th vote result ed as follows : Aye : N ye : Council M mber Higd y, N al, Fitzpatrick, K en , Bilo, Bradahaw, 0 is . Non • The yor d'cl red th motion c rried • ., ., ., * ., ., COUNCIL MEMEF.R K~:ENA MOVED TO APPROVE THE PROCI..AMATION DECLARING OCTOBER ll THROUG H 17, 1981, AS "DOMESTIC VIOL NC AWARE - NESS WEEK". Counc 1.1 M mb r Bilo a con d d the motion. Upon a c 11 of th roll, th vot r su1t d 1 ollowa : Ay Council H mbere Klgday, N al, Fitapatrlck, K n , ilo, Bradshaw, Otia • • I . - • October 5, 1981 Page 9 Nays: ,. None. • • • The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a copy of a summons and complaint in a ma tter concerning sales and use tax ordinance and Chromatics, Inc. Mr.DeWitt a sked for permission to defend the City in this matter. COUNCIL MEMB ER KEEN A MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER OF CHROMATICS, INC. VS. THE CITY OF ENGLEWOOD. Council Member Bilo seconded the motion. Upon a call of the rol l, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmit ted a copy of summons and com plaint in the matter of After The Fox, Inc., vs. Encore, Inc. and the City of Englewood. Mr. DeWitt stated the case comes as a resul t of a denial of a transfer of liquor license to After The Fox and the subsequent hearing concerning the transfer to another party. Mr. DeWitt asked for permission to defend the City and members of the Liquor Licensing Authority in this matter. COUNCIL MEMBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY AND MEMBERS OF THE LIQU OR LICENSING AUTHORITY IN THE MATTER OF AFTER THE FOX. Council Member Keena seconded the motion. Upon a call of he roll, th vote resulted as follows: Ayes : Council Memb r Higday, Neal, Fitzpatrick, Keena, Bilo, Br dshaw, Otis. Nays: None. The Mayor decl r d the motion carried . * * * Mayor Otis d cl r d eonv n d t 8 25 p.m. Mayor Ot call of th roll, th llowln g * * • t 8 :15p .m. Council r- for roll call. Upon a ent: I • • - • October 5, 1 98 1 Page 10 • • • Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Abs ent: None . The Mayor decla r e d a q u o rum present. * * * * * * City At to rn e y DeW it stat e d the matter of City of Englewood and Parkinson and t h e Judge's desire to dismiss all resisting arrest cases will b e heard on October 9, 1981, in Judge Steinhar t 's division. Lo ret t a Huffine, Prosecutor, will be handling t he agrume nt . * * * * * * City At torn ey DeWitt s tate d the ordinance concerning the Cottonwo od Estates Subdivision and t he ordinance concerning Going-Out-Of -Business will be presen t e d a t the Council meeting on October 1 9. * * * * * * City Attorne y DeWitt recomm en d e d reconsideration of Council Bil l No . 7 5 , Series of 198 1 to reflect the amendment making t h e a s s ssment formul proper . COUN CIL ME MBER BRADSH AW MOVED TO RECONSIDER AGENDA ITEM 7A, COUN CIL BILL NO. 75. Council Me mbe r Keena seconde d the mo- tion. Up on a call of h e roll, th vo te resulted a s follows : Ayes: Nays : Council Members Higd a y, Neal , Fi t z patrick, Keena, Bilo , Bradshaw , Otis. Non The yor decl r d th motion c rri d. ORD I NAN CE NO. SER IES OF 1981 BY AUTHORITY COUNCI L BI LL NO. 75 IN TRODUCED BY COUNCIL MEMBER FIT ZPATRICK AN OR DIN AN CE APPROVI. G TH¥. WHOLE COST OF THE IMPROVEMEN TS MADE I N DOW TOWN lMPROVEM~.NT Dl:)'t'RICT NO . 19 80-l, IN THE CITY OF ENGL EW OOD, COLORADO : APPR VlNG AND CO NFI RMIN G THE APPORTIONMENT OF SAI D COST TO ACH LOT 0 TRACT OF NO I N SAID DISTRICT; I • - • • October 5, 1981 Page 11 • • • ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOV ED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the mo tion. COUNCIL MEMBER NEAL MOVED TO AMEND COU NCIL BI LL NO. 75 , ON PAGE 1, SUBSTITUTING I N THE FOURTH "WHEREAS", $223,378.86 FOR THE PRESENT FIGU RE OF $219,559 .54 ; ALSO, TO SUBSTITUTE FURTHER ON IN THAT SENTE NCE BY INSE RTING $356,048.45 FOR $359,867 .77; ON PAGE 4, SECTION 6, TH I RD LINE SUBSTITUTING $356,048.45 FOR $359,867.77 ; ON PAGE 2 OF EXHIBIT A UNDER PRO- PERTY 1971 34 4 00 024 SUBS TITUTI NG AND INSERTING $25,380.29; AND ON PAGE 4 OF EXHIBIT A UNDER PROPERTY NUMBER 1971 34 3 17 008 SUBSTITUTING AND INSERTING $14,721.85. Council Member Keen a seconde d the motion. Upon a call of the ro ll, the vote on the amendment resulted as follows: Ayes : Nays : Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradsha w, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows : Ayes : ays : Council M mbers Higday, Neal, Fitzpatrick, eena, Bilo, Bradshaw, Otis. one. Th Mayor declared the motion c rried. ORDINANCE NO. SERIES OF 1981 ___ __ BY AUTHORITY A BILL FOR COUNCIL BILL NO. 81 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALI. TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A MILL LEVY FOR THE ENGLE~OOD COL ORADO DOWNTOWN DEVELOPMENT AU- THORITY AND DE CLARING AN EMERGENCY • • I . • October 5 , 19 8 1 Page 12 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1981 , ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Counci l Member s Higday, Neal, Fitzpatrick, Kee na, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MO VED TO SET A PUBLIC HEARING FOR MOR E CITIZEN INPUT INTO THE 1982 BU DGET FOR NOVEMBER 16, 1981, AT 7 :30 P .M. Council Member Keena seconded the motion. Upon a c all of the roll, the vote resulted as follows: Aye s : Cou nci l Members Hi gday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Nay s : None. The Mayor d clared the motion carried . In r sponse to Council Memb er Bradshaw's question, City Mana ger McCown stated the notice would be published in the Englewood Citizen. Council a w ed and lit st d h h d ~ Sh w a intend i ng o do inform tion from th was prohibitt'd. offic or wh om v r g rd to p opl lated this si u sugg zonin Counci 1 ke pin maxi urn CounciL n 1 0 t 0 h ir M mb doll M mb ho * * * * * * at t d on con id r tion W II r Ke n II t d l buai- li.k pplic nc and • I • ( • • • • Octob er 5, 1981 Page 13 repair, or crafts. She stated part of the reason restrictions on this type of activity is placed is that it provides neighbor- hoods the opportunity to complain if the business becomes a nui- sance. It is a neighborhood policing type of thing and not a police law as such. Ms. Keena stated it was generally well accepted and a kind o f legislation that should be kept in mind. Council Member Fi tzpatrick stated if legislation is put in an ordinance then it should be extended to cover home signs, etc. * * * * * * Council Member Keena stated during the budget retreat Municipal Judge Parkinson requested that a judicial review committee be created to provide liaison and coordination between the Court and City Counc i l. Ms. Keena referred to a handout outlining the responsibiliti e s of the committee which she passed out prior to recess. Ms. Keen a stated the handout provides a statement of pur- pose for the co mmit tee a nd defines its duties. COUNCIL MEMBER KEENA MOVED TO FORWARD A COPY OF THE HANDOUT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S PURPOSE TO FORM SUCH A CO MMITTEE AND TO DISCUSS APPOINTMENTS TO THE COMMITTE E AT THE STUDY SESSION ON WEDNESDAY. Council Member Fitzpatrick seconded the motion . Upo n a call o f the roll, the vote resulted as follows. Ay es: Council Members Higday, Neal, Fitzpatrick, Keen~. Bilo, Br adshaw, Otis. Nay None . The Mayor decl red the motion carried. Council M Keena st t d Judge Parkineon's con- curr nc on the ppolntm n s was n c s ry. Ma. K ena a ked st ff to com up w th n me for discussion at th W dn ad y tudy esaton and to give the list to Judge Parkineon on Thursday . * * * • * * Ci y M n ger McCown p sa d tlone for lndu ri 1 revenu bonds. revenu bon • or th downtown d v 1 on was for 1 du tri l r v n e b nde 5050 South roadw y • ou t o induce nt r •olu- On provld d for lndu trial pm nt proj ct nd th oth r for n of ice compl x at • I • October 5, 1981 Page 14 • • • Council discussed recessing to give City Attorney DeWitt time to review the two requests. COUNCIL MEMBER HIGDAY MOVED TO RECESS UNTIL WEDNESDAY, OCTOBER 7, 1981, AT 5:00P.M. Mayor Otis d eclared a recess at 8:45 p.m. on Monday, October 5, 1981, until Wednesday, October 7, 1981, at 5:00p.m. * * * * * * Council reconvened at 5 :00p.m. on Wednesday, October 7, 1981, in the Community Room. Mayor Otis asked for roll call. Upon a call of the roll, the follow i ng were present: Council Me mbers Higday, Neal, Fitzpatrick, Keena, Bilo, Br a d shaw, Otis. Abse nt: None . The Mayor declar d a quorum present . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ALLOW THE CITY AT- TORNEY TO PRESENT INFORMATION ON THE I DUSTRIAL REVENUE BOND MATTE RS . Council Member K ena seconded the mo tion. Upon a call of the roll, the vote resulted as follows: Ayes : Co un cil Members Higday, Neal, Fitzpatrick, Keena, Bilo , Br a dshaw, Otis. Nays : None. The yor declar d the motion carr ied. * * * * * * City At orney D Witt stated this section was a continu- ation of the m e ing of Octob r 5, 1 981. H entered into the re- cord the rules of order gov rning this p ro ce ss. * * * * * • Ci y Attorn y D Witt passed out two inducement resolu- tions for Council's consider t on. On was for industrial re- venu bonds for Br dy Enterpri es. Mr. D Witt asked if anyone wa s pr s nt to di cu s th r qu t. There was no representative • • I • • • October S, 1981 Page 15 • • • The o ther i nducement re s olut i on was for SOSO South Broadway Com- any. Mr. DeW itt asked if anyone was present to d i scuss this re- quest. Charles Smukler, P . 0. Box 22479 , Denver, was pre sen t. Mr . Smukler t h anked Council for the opportunity to make a pre- sentation. Mr. Smu k le r pre sented the development concept and plans f o r l a nd at SOSO South Broadway . In response to Co un ci l Member Neal's question , Mr. Smu kl er s tated t h e c om p any i s committed to construct part of the area ; and wi th the add i tional bond money, the whole area can be c omplete d. Mr . Smukle r re sponded t o other questions, in part i cular, the compa ny's intent was to own t he property in the vi c inity of the Eskimo Ski Shop and the co r ner gas station. Th e height of the structures would be two to fo u r stories. Comp any repres e nta- tives planned to meet with people in the a rea t o l e t t hem know what was being planned for construction a n d d evelopment . City Attorney DeWitt asked if t he re as o n the c o mpan y was coming before Council now was a r e s u l t o f c er t a i n acti ons that might be taken by the federal gove rnment to possibly elim i- nate this type of funding in the future . Mr . Smukler answered no, it was not. City Attorney DeWitt asked if t he co mpany was a ware the document for consideration was only an inducement resolution and would require further action by Co un cil; and that Council may not chose to proceed a all. Mr. Smuk le r stated the company realized this possibility. RESOLUTION NO. 42 SERIES OF 1981 A RESOLUTION OF INDUCEMENT FOR INDUST RIAL DEVELOPMENT REVENUE BONDING TO FINANCE A PROJECT FOR THE 5050 SOUTH BROADWAY COMPANY. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1981. Council Member Bi1o seconded the motion . City Attorney D Witt tra nsmitted copies of a letter from Hanifen, Imhoff, Inc., th City's financial advisor, which was in respon to the firm's ev luation of the proposal. Re- ferring to th lett r, Mr. D Witt asked if financi 1 information could be provided t a 1 ter date • • I • • • Octobe r 5, 1981 Page 1 6 • • • Mr. Smuk l er read the letter and stated current, per- sonal financial sta tements on the partners would be provided. Mr. Smukler a sk e d Mr . Gerwin, the company's financial consult- ant, to r e spo nd to o t h er pa rts o f the letter. Robe r t F . Gerwi n, Gerw i n & Co., 620 -17th Street, Suite 2800, Denv er, stated i t was the intent of the company to market the bonds privately and some private institutions have already been contacted. City At torney DeW itt stated the resolution was written whereby the issuance of the bonds was still contingent to agree- ment on both sides . Mr. DeW itt ad vi sed proceeding with passage o f the r e so l u tion . Upon a call of th e rol l , th e vote resulted as f o llows : Ayes: Nays: Ab stain: Council Me mber s Neal, Fitzpatrick, Ke e na, Bilo, Bradshaw, Otis. None . Council Member Higday. The Mayor declared the motion carried. Council Member Higday sta t e d he abstained fo r po ss ible rea s ons having to do with con flict o f interest. * * * * * * City Attorney DeWitt p r esen t ed the induc emen t r e s olution for Brady Enterprises. Mr. DeWitt recomme n ded am e nd i ng the reso- lution to provide for this process to be done in s t a ges with each stage meeting the needs and desires of the Cou n cil and that Council may at any time refuse the bond issue if it is not in the best in-terest of the Ci y. RESOLUTION NO. 43 SERIES OF 1981 A RESOLUTION OF INDUCEMENT FOR INDUSTRIAL DEVEL OPM ENT REVENUE BONDING TO FI ANCE A PROJECT FOR BRADY ENTER PR ISES . COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTIO N NO. 43, SERIES OF 1981. Council M mb r Fitzpatrick secon ded th motion. COUNCIL MEMBER FITZPATRICK MOVED TO AM END THE RESOLU- TION BY STATING AFTER THE LAST PARAGRAPH OF THE RES OLUTIO N ON • I • • • • • October 5, 1981 Page 17 PAGE 2 BEFORE "ADOPTED AND APPROVED" THE FOLLOWING "THIS INDUCE- MENT RESOLUTION IS SUBJECT TO THE OWNERSHIP ENTITY MEETING THE ISSUER'S CRITERIA". Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: 5 :45 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • I . - • • REGULAR MEETIN G: • • • COUNCIL CHAMBERS CITY OF ENGLE WOOD , COLORADO October 5, 1981 \0-- The City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session on October 5, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order . The invocation was given by James Clark, Minister of Mayflower Congr egational Church, 3001 South Acoma Street. The pledge of allegiance was led by Boy Scout Troop #92 . Mayor Otis asked for roll call . Upon a call of the rol l, the following were present : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Absent : on e. The May o r declared a quorum pre sent. * * * * * * Also pr~ ent were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Assistant City Attorney Ho lland Director of Community De velopment Power D puty City Clerk Watkins * * * * * * CO UNCIL ~:MB ~:R BRA DSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIA L MF'F.TI NG OF SEPTEMJH:R 1 , 1981. Council Mem b r Keena second d h motion. Upon a c 11 o f th roll, the vote resulted a follows · Ay a y s : Th Cou n cil M mbers Higd y, N al, Fitzpatrick, Ke n , Bilo , Brad haw, Otis. None . d cl red th mo tio n c rried. * * * * * • I • • • October 5, 1981 Page 2 • • • COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1981. Council Memb er Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absta in: Council Members Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROV E THE MINUT ES OF SPECIAL MEETING OF SEPTEMBER 28, 1981. Council Member Keena 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. * * * * * * A r cognition ceremony was h ld for the participants in the "Work-Recreation" Pro r m. Mary Campbell assisted Mayor Otis in presenting th certificates. The follo wing youth were present: Steve Bell 4601 S. Lipan Laur Gib on 4801 S. Inca Ang 1 H idon 4685 kS. Lo n Laurel L hn1s 37 0 S. Elatt Mik e Oagood 624 E. Amh r t Scott Blunk 4 40 S. Wa hington D n Gielissen 1317 E. B lleview Yv te H 1 er 1 0 S. Jason D rren Nicod mus 1 01 E. Gir rd, #265 J mt W llac 585 S. Gr n • Amy Gibson 4801 S. Inca Danny Glenn 4090 S. Pe rl Davis Lehnus 3730 S. Elati Li 0 good 624 E. Amh rst Sh 1 i.gh Wilks 4270 S. Inca I • - • • October 5, 1 98 1 Page 3 • • • Those not present we r e : Jennifer El li s 4821 S. I n ca Kim Mitchem 4729 S. Ac oma Ch r is Hanley 270 6 S . Grant Stacy Stevens 3 8 3 5 S . Logan Eric Lone 5045 S. Delaware Jeff Weist 4550 S. Inca Mayor Otis expres sed appreciation t o the young people. * * * * * * COUNCIL MEMBER KEE NA MOVED TO APPROVE A PROCI.AMATION DECLARING THE WEEK OF OCTOBER 18 -24, 1981 , AS "NATIONAL BUSI- NESS WOMEN'S WEEK". Co un cil Member Bilo seconded the mo tion . Upon a call o f the r oll, the vote result ed as follows : Ayes: Nays : Council M mbers Higday, Neal , Fitzpa tri c k, Keena, Bilo, Br a d shaw, Otis. Non e . The Ma yor declared th e mo t i on carried. Ms . Lorr ine Jenkins, pres i den t o f the Englewood Busi- n ess and Professional Women's Club, and Ms. Pat Quinn, Chairman of National Business Women's Week, were present to acc ept th e pro - clamation . * * * * * * Pre-sch duled visitor, Ms . Gerr i Cumm i ns, pre sid ent o f Arapahoe County League of Wom n Voters, wa s presen t . Ms. Cummin s noted the City's 1982 budget w s being pr epare d and a s ked Council's consideration tow rds a con ribution to the Le a gue in the amount of $750 for 19 2. She noted his was what the City gave 1 y r to th Leagu M . Cummins distributed samples of th type of liter- ature the Le gu publishe with th h lp from agencies lik he City. * It * * * * Th r w re no o ther visitors t this time. May or 0 h public h ri whol cost o h and th * * * * * * op ned th m on th ordinanc impro v m nta m d roll. tin or th continuation of on final readln approving th in Downto Die rict o. 1980-l • I • • • • • October S, 1981 Page 4 Susan Powers , Director of Community Development, came forward and pres ented a memorandum in response to the questions asked at the public hearing on Septembe r 14, 1981. Ms. Powers' response included a recommendation to change the assessments of 3484-6 South Broadway and 7-9-11 West Hampden Avenue. COUNCIL MEMBE R BILO MOVED TO ACCEPT THE MEMORANDUM DATED SEPTEMBER 28, 1981, FROM SUSAN POWERS, DIRECTOR OF COM- MUNITY DEVELOPM ENT. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Co un cil Members Higday, Neal , Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. The Mayor declar d the motion ca rried. There were no other comment s. COUNC IL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEARING. Council Membe r Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : were : Ayes : Council MembPrs Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, 0 is. Nays : one. The yor declared t e mo ion carried. * * * * * "Communication - . o Ac ion R commended" on the agenda (a) (b) (c) (d) ( ) Mlnut s of th Liquor Licen m ting o. Augu 19, 1981. Authority Minut s of mt loner Bo rd of C re r Service Com- ting of Augus 20, 1981. Minute Augu m of h Housing Authority m eting of 26, 19 1. h Public Library Board m tlng r 8, 1981. of th Pl nning nd Zon ing Comml alon S pt mber 9, 19 81. • I • • • October 5, 1981 Page 5 (f) (g) (h) • • - Minutes of the Parks and Recreation Commis- sion meeting of September 10, 1981. Memorandum from the Director of Libraries to the City Manager concerning her attend- ance at the American Library Association Conference , June 26 to July 2, 1981 in San Fra nci sco. Mem orandum fro m the Acting Fire Chief to the City Manager concerning his attendance at the Int ernational Association of Fire Chiefs' 108th Annual Confe rence in St. Louis, Missouri, S pt m r 13 -16, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMEN DED" AGE~DA ITE SA -SH. Council Member Keena seconded the motion. Upon a c 11 of the roll, the vote resulted as follows : Ayes : Council Memb r Higday, Neal, Fitzpatrick, een , Bilo, Bradshaw, Otis. Nays · , one. Th Mayor decl r d the m tion c r r ied. * " * * * * Ther w re no "Co unic tion -Ac ion Re commend d". City Attorn y D Bill No. 75 in accord nc formity to th "Wh r a " chang to $356 ,0 8. 5. $356,048. S. In Number 1971 3 A, pag change $17,586.34 to * * * B'i AUTHO lf ORDINAN CE NO. SERI .S OF 1 1- AN ORDINAN CE APPROVIN THf. IN DOWNTOWN IMPROVEM . T Dl • fH. l MP OV 0-1, 1 TH ' MAO ClT'i 0 to 1 Jthl.bit I • • • October 5 , 1981 Page 6 ,. • • • ENGLEWOOD, COLORADO ; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRIC T; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZ PATRICK MOVED TO PASS COUNCIL BILL NO. 75, SER I ES OF 1981, ON FIRST READING, WITH THE AMENDMENTS AS READ. Council Member Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follows : Ay es: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorn ey DeWitt proposed an amendment to Council Bill No. 6 9 establishing procedures before various hearing bodies for the City of Englewood. Mr. DeWitt noted the proposed amend- ment would be on page 3, 1-7-4 CO MM ENCE MENT OF PROCEEDINGS, chang- ing "administrat ive" to "HEARING". Mr. DeWitt recommended this change so the term could be used in a generic sense for broader applicability . City Attorney DeWitt proposed further legislation dealing with subpoena po wer with the Liquor Licensing Authority, the Career Service Board and other bodies at a later date. ORDINANCE NO. 68 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BlLO AN ORDINANCE AM E Dl G TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMEND ED, RELATI G TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY A D PROVIDING FOR APPEAL THEREFROM. COUNCIL MEMBE BILO MOVED TO PASS COUNCIL BILL NO. 69, SERIES OF 1981, 0 FlNAL READING. Council Member Keena seconded th motion. COUNCI L MEMBER BRADSHAW MOVED TO AMEND THE MOTION ON PAGE 3, SECOND SENTENCE IN THE PARAGRAPH l-7-4 "COMMENCEMENT OF PROCEEDINGS", TO READ AS FOLLOWS: "IN ANY PROCEEDING INVOLVING I • • - • October 5, 1981 Page 7 • • • THE APPEAL OF A DECISION OF A CITY OFFICIAL, BOARD OR COMMISSION, THE APPEAL PROCEDURE SHALL BE COMMENCED BY THE FILING WITH THE CLERK OR RECORDING SECRETARY OF THE ASMiMi~~~ HEARING BODY ... OR OTHER ORDINANCE INVOLVED." Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal asked what process was used when solicting input from the various boards and commissions. City Attorney DeWitt stated at the direction of Council, he sent a memo with a copy of the proposed bill to each of the quasi-judicial boards and commissions. He received written comments from a number of the board members and also received oral responses from certain board members. In addition, he received replies from staff members primarily from those members who deal with quasi- judicial boards on a common basis. With respect to the Career Ser- vice Board, he discussed this matter with the attorney for the board who felt subpoena powers should be authorized as did several of the other boards. This information was received after the bill was read on first read ing. Mr. DeWitt recommended an additional ordinance containing language dealing with subpoena power at another time. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Non • The Mayor declared the motion carried. ORDINANCE NO. 69 SERIES OF 1981 * * * * * * BY AUTHORITY COU NCIL BI LL NO. 79 INTRODUCED BY COUNCIL MEMBER NEAL I • ( ( ( October 5, 1981 Page 8 • • • AN ORDINANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT AND SOUTHGAT E SANITATION DISTRICT CONCERNING CERTAIN REA L PROPERTY OWNED BY THE CITY OF ENGLEWOOD , COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1981, ON FINAL READING. Co uncil Member Bradshaw sec- onded the mot ion. Upon a call of the roll, the vote resul ted as follows : Ayes : Nays : Council Members Higday, Nea l, Fitz patrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINAN CE NO. 70 SERIES OF 1981 * * * * * * BY AUTHORITY COU NCIL BI LL NO. 77 INTRODUCE D BY COU NCIL MEMBER BI LO AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOW I NG DELIVERY OF FOOD PRODUC TS TO EMPLOYEES OF COMMERCI AL AND INDUSTRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. COU NCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77, SERIES Of 1981, ON FINAL READl G. Council M mber Fitzpatrick second d th mo lon. Up n call of h roll, th vot resul d as follows : Ay Council M b ra Higday, Neal, Fitzpa ric Bilo, Br dahaw, Otia. ay on Th u cl r d h motion c rried. * * * * * * COU <.:11. Mt:MJ:H:R K~:t:NA MOV D TO APPROV TH. PROCI.AMATlON DECLA l OC'fOBF.R 11 rHROUGH 17, 19 l, A "DOH STlC VIOLENC AWAR - N S WE~K". Council M mb r Bilo con d d t.h motion. Upon a c 11 o th roll, th voc r ult d 1 ollowa : Ay s: Council M mbera Hi d y, N al, 1 zpatric , n , ilo, Br deh w, 0 11. I . ( • • • October 5, 19 81 Page 9 Nays : None. • • • The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitte d a copy of a summons and complaint in a matt er concerning sales and use tax ordinance and Chromatics , Inc. Mr.DeWit asked for permission to defen d the City in this matter. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER OF CH ROMATICS, INC. VS. THE CITY OF ENGLEWOOD. Council Member Bilo seconde d the motion. Upon a call of the roll , the vot e resulted as follows: Aye s : Council Members Higday, Nea l, Fitzpatr ick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried . * * * * * * City Attorney D Witt transm itted a copy of summons and complaint in the matter of Aft r The Fox, Inc., vs. Encore, Inc . and the City of Englewood. Mr. DeWitt stat d the case comes as a result of a deni l of a tran fer of liquor license to After The Fox and the subs equ nt he ring concerning the transfer to another party. Mr. DeWitt a kP.d for permi sion to defend the City and members of the Liquor Lie nsing Authority in thi m tt r. COUNCIL MEMBER BrLO MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE ClTY AND MEMB ERS OF THE LIQUOR LICE NSING AUTHORITY IN THE MATTER OF AFTER TH. FOX. Council Member Keena seconded th motion. Upon c 11 o h roll, th vote resulted as follows : Ay Council mb rs Higday, Neal, Fitzpatrick, e na , Bilo, Br d h w, Otis. Nays : n Th yor d cl r d th . motion c rri d • Mayor 0 ia d conven d t :25 p.m. call o h r oll, th * * * • 8 :15p.m. Council r - c 11. Upon I • - ( • • October 5, 1981 Page 10 • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absen t: None. The Mayor decla red a quorum present. * * * * * * City Attorney DeWitt sta ed the mat er of City of Englewood and Park inson and the Judge's desire to dismiss all resisting arrest cases wi ll be heard on October 9, 1981, in Judge Steinhart's division. Loretta Huffine, Prosecutor, will be handling the agrument. * * * * * * City Attorney DeWitt stated the ordinance concerning the Cottonwood Estat Subdivision and the ordinance concerning Going-Out-Of-B usiness will be presented at the Council meeting on October 19. * * * * * * Ci y Attorney DeWitt ecommended reconsideration of Council Bill No. 75, Serieq of 1981 to reflect the amendment makin the as ormul prop r. COU ClL MEMBER 7A, COUNCIL BI LL 0. 7~. tion. Upon a c 11 of h RADSHAW MOVED TO RECONSIDER AGENDA ITEM Council Member Ke na seconded the mo- r 11, the voter sult d s follows: Ay Council ~em rs Higday, Neal, Fitzpatrick, K en , Bilo. Brad h w, Otis. Nay Th ORDINANCE 0. SERIES OF 19 OF SAID COST on r d cl r d h otion c rri.ed. BY AliTHORl fY COUNCIL BILL NO. 75 INT RODUCED BY COUNCIL MEMBER FITZPATRlC T OF TH IMPROV MENT MAD 19 0-1, IN TH CITY OF NFl Ml G THE APPORTIONMENT D IN SAID DISTRICT; • I • - ( • October 5, 1981 Page ll • • • ASSESS ING A SHARE OF SAID COST AG AINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCR IBI NG THE MANNER FOR THE COLLEC TI ON AND PAYMENT OF SAID ASSE SSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZ PATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING. Council Member Bilo se conded the motion. COUNCIL MEMB ER NEAL MOVED TO AMEND COUNCIL BILL NO. 75, ON PAGEl, SUBSTITUTING I N THE FOU RTH "WHEREAS", $223,378.86 FOR THE PRESENT FIGURE OF $219 ,559.54 ; ALSO , TO SUBSTITUTE FURTHER ON IN THAT SENTENCE BY INSERTING $356,048.45 FOR $359,867.77 ; ON PAGE 4, SECTION 6, THIRD LINE SUBSTITUTING $356,048.45 FOR $359,867.77; ON PAGE 2 OF EXHIBIT A UNDER PRO- PERTY 1971 34 4 00 024 SUBSTITUTING AND INSERTING $25,380.29; AND ON PAGE 4 OF EXHIBIT A UNDER PROPE RTY NUMBER 1971 34 3 17 008 SU BS TITUTING AND INSERTING $14,721.85 . Council Member Keen a seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays : Council Mem bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the ruotion carried. Upon a call of the roll, the vote on the original motion resulted as follow : Ayes : Nays : Council M mbers Higday, Neal, Fitzpatrick, eena, ilo, Bradshaw, Otis. None. Th Mayor ueclared th motion carried. ORDINANCE 0. SERIES OF 1 81 -- 1t k k * * BY AUTHORITY A BlLL FOR COUNCil. BI LL NO. 81 INTRODUCED BY COU NCIL MEMBER BILO A ORDINANC FrXl 'I'HE rAX I.E Y IN MILLS UPON EACH DOLLAR OF TH ASS .SSED VAl.UA'rlON 01' ALL TAXABI.E PROPERTY WITHIN THE CITY OF EN LF. 000, COLORADO, FOR THE YEAR 1982 A D ESTABLISHING A MILL LF.VY FOR THE F.. l.EWOOD COLORADO DOWNTOWN DEVELOP MENT AU- THORITY AND DECLARI~G AN EMERGENCY. • I . • October 5, 1981 Page 12 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of t he roll, the vote resulted as follows: Aye s: Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena , Bilo, Br adshaw, Otis. None. The Mayor declared th motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING FOR MOR E CITIZEN INPUT INTO THE 1982 BUDGET FOR NOVEMBER 16, 1981, AT 7 :30 P.M. Co uncil Member Keena seconded the motion . Upon a call of th r oll, th vote r esul ted as follows : Aye s: Nays : Council Members Higd y, Neal , Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. The Mayor d ecla re d he motion carried . In resp onse to Council Member Bradshaw's quest ion, City Manager McC own st ted the notice would be published in the Englewood Citizen. a we ed stated Sh w ping n aa ou Council m ximum Counc ll of h •1 r * * * * Memb doll M mh d 1 hom~! nc • on con id r tion w t 0 p opl run a bust- nd u maint nanc nd I • ( • Octobe r 5, 1981 Page 13 • • .. repair, or crafts. She stated part of the reason restrictions on this type of activity is placed is that it provides neighbor- hoods the opportunity to complain if the business becomes a nui- sance . It is a neighborhood policing type of t hing and not a police law as such. Ms . Keen a stated it was genera l ly well accepted and a kind of legislation that should be kept in mind. Council Membe r Fitz patrick stated if legislation is pu t in an ordinance then it should be extended to cover home signs , etc . * * * * * * Council Member Keena s tate d during the budget retreat Municipal Judge Parkinson requested that a judicial review committee be created to provide liaison and coordination between the Court and City Council . Ms. Keena referred to a handout outlining the responsibilities of the committ e e wh ich she passed out prior to recess. Ms. Keena stated the handout pro vides a statement o f pur- pose for the committee and defines its duties. COUNCIL MEMBER KEENA MOV ED TO FOR WARD A COPY OF THE HANDO UT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S PURPOSE TO FORM SUCH A CO MM IT TEE AND TO DISCUSS APPOINTMENTS TO THE COMMITTEE AT THE STUDY SESSIO ON WEDNES DAY. Council Member Fitzpatrick seconded the mo ion . Upon a call of the roll, the vote resulted s follows . Ayes : Nays : Council Memb rs Higday, Neal, Fitzpatrick, Ke n , Bilo, Bradshaw, Otis . None. Th Mayor d cl red the motion carried. Ke n t d Judge P rkin on's con- neceas ry. Ms. Keen sked cu ion at th W dnesd y t to Judge Parkinson on k * * * • Ci y n g r M·C own pas ed tiona for industrial rev nu bonds. rev nu bonds or the down own d vel on w a for indu rl l rev n bond 50 0 South Bro w y . ou t two indue m nt reaolu- On provided for industrial pm n project and th other or n of ic complex t • I • • October 5, 1981 Page 14 • • - Coun cil discussed r ec essing to give City Attorney DeWitt time to review the two requests. COUNCIL MEMBER HIG DAY MOVED TO RECESS UNTIL WEDNESDAY, OC TOBER 7 , 1981, AT 5 :00P .M. Mayor Ot is declared a recess at 8:45 p.m. on Monday, October 5, 1981, un til Wedne sday, October 7, 1981, at 5 :00p.m. * * * * * * Council reconvened at 5 :00p.m. on Wednesday, October 7, 1981, in the Co mmun ity Ro om. Ma yor Otis asked for roll call. Upon a ca ll of the roll, the follo wing were present : Council Members Higday, Neal, Fitzpatrick, Keena, Bi lo, Bradshaw, Otis. Absen t: None. The Mayor declared a quorum present . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ALLOW THE CITY AT- TORNEY TO PRESEN T INFORMATION ON THE INDUSTRI AL REVENUE BOND MATTERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Btlo, Bradshaw, Otis . ays : one . The M.1yor decl r d th motion c rried . .. * * * * * Ci y At orn•y D Witt t ted this section was continu- ation of th m ing of Octob r 5, 1981. He ntered into the r - cord th rul s of ord r gov rning thi proce s. * * * * * * C1ty Attorn y D Witt pa s tiona for Council's consideration . v nu bond for Btady Ent rpris s. w s pr nt to discus th r qu st. d out two indue ment r solu- On was for industrial r - Mr. D Witt k d if nyon Th r was no r pr s nt tiv • • I • • ...... October 5 , 1 98 1 Pa ge 15 • • The other inducement resolution was for 5050 South Broadway Com- any. Mr. DeWi t t asked i f anyone was present to discuss this re- quest. Charles Smukle r , P. 0. Bo x 22479, Denver, was present. Mr. Smukler thank ed Co unc il for the opportunity to make a pre- sentation. Mr. Smukl e r pre sented the development concept and plans for land at 5050 So uth Broadway. In r e s ponse to Council Member Neal's question , Mr. Smukler stated t he c ompany is committed to construct part of the area; and with the add i tional bond money, the whole area can be compl et ed. Mr. Smukl e r responded to other questions, in particular, the c ompany's int ent wa s to own the property in the vicinity of the Eskimo Sk i Sh op and the corner gas station. The height of the s t ruct u r es would be two to fou r stories. Company representa- t ives planne d to me e t wi th people in the area to let them know what wa s b eing planned fo r cons t ruct ion and development. City Attorney De Wit t asked if the reason the company was coming b e f o r e Council n ow was a result of certain actions tha t migh t be taken by the fede r a l government to possibly elimi- nate t h is type of f u nding i n the f u t ure. Mr. Smuk l er answered no, it was not . City Atto rney DeW i tt aske d i f the company was awar e the docume n t fo r consid era tion was only an i nduceme n t re s o lution an d woul d r eq u ir furt h e r ac tion by Co un cil; and t hat Co unc i l may n o t c h o s o proc ed at 11. Mr. Smuk le r s tated t he company re al ized this po sibi l i ty . RESOLU TIO N NO. 2 SE RIES OF 19Rl A RESOLUTIO Or IN DUCF.MENT FO R INDUST RI AL DEVELOPM ENT REVENUE B NDING TO F I,A C. A PROJECT FO R THE 5050 SOUTH BROADWAY CO MPANY . COUN CIL MEMb ER KEE A MOVE D TO PASS RESO LU TIO N NO. 42, SE IES OF 19 l. Co unci l M mber Bilo seconded the motion. rr cou l r nsmlt t d copies of a letter City 's financl 1 dvisor, wh ich firm's evaluation o f th propos 1 . R - d if finan cl l information • I • • ...... • October 5, 1981 Page 16 • • .. Mr. Smukler read the letter and stated current, per- sonal financial statements on the partners would be provided. Mr. Smukler asked Mr. Gerwin, the company's financial consult- ant, to respond to other parts of the letter. Robert F. Gerwin, Gerwin & Co., 620 -17th Street, Suite 2800, Denver, stated it was the intent of the company to market the bonds privately and some private institutions have already been contacted. City Attorney DeWitt stated the resolution was written whereby the issuance of the bonds was still contingent to agree- ment on both s i des. Mr. DeWitt advised proceeding with passage of the resolution. Upon a cal l of the roll, the vote resulted as follows: Ayes : Nays : Abstain : Coun c il Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non e . Coun ci l Member Higday. Th e Mayor de c lare d the motion carried. Co unc il Memb e r Higday stated he abstained for possible reasons hav i ng t o do with conflict of interest. * * * * * * Ci c y Attorney D Wit t presented the inducement resolution for Br ady Ent rprises . Mr . DeW itt r ecommended amending the reso- lucion to provide for this process to be done in stages with each st ge m eting the n ds nd des i re s of the Council and that Co uncil may at ny time refuse ch bond is s ue i f it is not in the b e s t i n- terest of the Ci y. RESOLUTI ON NO. 43 SE RIES OF l 81 A RESOLUTION OF INDUCEME NT FO R I NDU STRIAL DEVELOPMENT REVENUE BO NDI NG TO FIN ANCE A PROJECT FO R BRADY ENTERPRISES. COUNCIL MEMBER NEAL MO VE D TO PASS RESOLUTION NO. 43, SERIES 0 19 l. Council M mb r Fitzp t rick seconded the motio n. COUNClL MEMBER FITZP ATRIC K MOVED TO AMEND THE RESOLU- TIO N BY ST ATING AFTE R THE LA3T PARA GRAPH OF THE RESOLUTION ON • I • • • • • • October 5, 1981 Page 17 PAGE 2 BEFORE "ADOPTED AND APPROVED" THE FOLLOWING "THIS INDUCE- MENT RESOLUTION IS SUBJECT TO THE OWNERSHIP ENTITY MEETING THE ISSUER'S CRITERIA". Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried, Upon a call of the roll, the vote on the original mo- tion resulted as follows: 5 :45 p.m. Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • I • • -• • • ROLL CALL Moved Seconded Aye Na Ab y sent Hiodav Neal Fitzpatrick Keena Bi lo Bradshaw Otis I. Jnuu-t~' G.~ c U 't t3. .-)'') ?1 . ~ C/ (1 k_ '_} . .u ..1 y--~J c:{)uu L .f:1= C( 01 • L1}7c Cl?t 7ZJ /0 '-I I ,)f. l<_;J. l ~ ~, /1 { I /z 1 ..r • Abstain I . • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain H i_g_day ~ Neal t.--- Fit~atrick 1.-- Keena 1.-- Bi lo 1.-- Bradshaw 1.-- Otis ..k:::::.._ • I • • • • • - • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higd~ Neal 1 Fitzpatrick v Keena Bi lo I (/ Bradshaw 1 Otis l ' I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday '---Neal 1 Fitzpatrick ,_...-Keena 1.---" Bi lo Bradshaw I Otis I • I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal I Fitzpatrick 1./' Keena I Bi lo I _v Bradshaw I Otis \ ' /c_ I • • • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Ab t · s a1n Hiaday Neal Fitzpatrick Keena Bi lo Bradshaw Otis c(a__' '1!1? (J,w J'Y'Y) f}~tt<UU . ~ 1/AU 'if f" tA_, ~ M <0 p./f/A'u~ . fnar G~ " 71\o.r ~ r~, ~CA---rh }7Ja<jtt tf-U, f4"-;t~ ,tf.v -:! -?'J7 r--r • • I . • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain ' Hiqday \ Neal J Fitzpatrick I v Keena I v Bi lo I Bradshaw I Otis \ ' 'b • I . • • • • - ROLL CALL Moved Seconded A ye Hiqday Neal Fitzpatrick Keena Bi lo Bradshaw Otis -vu /''R! /.t .J oj _.-U}-ti-d ~ y { ,{1• -v u~ -/£) ~ .A-r It 1.Jt -v. w L ~~ 'r>-u.. c 1.. Nay Absent Abstain C-./}~ ti .~ t i-L- ;:XU: ;lffoU-ic:U/~ I . • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HIQday Neal Fitzpatrick Keena 8110 Bradshaw Oti s <><jtL x£d-Wn fJru~ {; ~ '"'(?/L) r-<b-z;_ erfw ~~~ r<1tL~n1 c /! j(./ v.- ~~ 1]-tt-n a r 1~ /YY-!dtA<_J J;fflc-G ZL /lo~ I . • - • • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Higday I Neal I Fitzpatrick I v-Keena I ~ Bi to I Bradshaw I Otis \ ' • I • • • • • - • • ROLL CALL Moved Seconded Aye ' Nay Absent Abstain Higday \ Neal I ...--Fitzp-atrick I .._. Keena I Bi lo I Bradshaw I Otis I I • • • • • ROLL CALL Moved Seconded A\e Nay Absent Abstain Hiqday Neal Fitzpatrick ..... Keena Bi lo I .L/ Bradshaw l Otis I \ I • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal l ,...-Fitzpatrick I Keena I Bi lo 1 ,_,..-Bradshaw ( Otis \ ' 7c:c • • I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav Neal Fitzoatrick v Keena ----., v Bi lo Bradshaw Otis 7b G8ld-t,1 ~Bldrvq ..@, 2lt iJ 6 f tPJ rP- • I . . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday '\ Neal \ .._. Fitzpatrick l Keena I Bi lo I I--Bradshaw I Otis I \ /-7 -~ I . • • - • • ROLL CALL Moved Seconded A ye Na y Absent Abstain Hiaday Neal Fitzpatrick Keena Bi lo Bradshaw Oti s • • I . • • • - • • .,.. ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ' Neal J Fitzp_atrick I Keena I Bi lo I Bradshaw \ Otis \. " • I • • • - • • ROLL CALL Moved Seconded Aye Na y Absent Abstain Higday \ ----Neal I Fitzp_atrick 1 Keena I Bi lo I -Bradshaw I Oti s _\ \ I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal v Fitzpatrick Keena I v Bi lo I Bradshaw I Ot1s I \ • I • • • • • • ROLL CALL I • • • • • - ROLL CALL M ove d s d d econ e A '~ N ay Ab sent Ab staan Higday \ Neal I Fi tzp_atri ck I v Keena I v Bi lo I Bradshaw I Otis I \ I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiCJday \ Neal Fitzpatrick 1/ Keena v--Bi lo I Bradshaw \ Otis )OU ~l tV---o cr &7>~-<-?-£-( 'fJ~ d-(U<1L ~~-- G _,u.u-f'v dtr~ I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ~ \ Neal Fitzpatrick I .....-I v Keena I Bi Jo Bradshaw I I Otis \ \. OJ-t2-c ;t ~ ~~~ CCAJ ~ / w d£ ~ ')L tL~ 6. ~ r_-J /}r ' ' ' ~L <._ f,' I • • • • • • ROLl CAll Moved Seconded Aye Nay Absent Abstain Higday v- Neal ,__ Fit~atrick v Keena t.----Bi lo {._.- Bradshaw I.- Otis v- I . • • - • • • • • ROLL CALL ROLL CALL Moved Seconded Aye Nay Absent Higday Nea l F i t£pat ri c k Keena Bi Jo Brad s haw Oti s 7 A" YJa/0/~~ 42-C}V ~/}I ~ /0-Clf/ ~-it uv~ X J1df~ /Jc { ~ _y_"--C:._l_C"'_-~-;! ~ ~ 4~~ Abstain I . • - • • ROLL CALL Moved Seconded Aye Nay Absent Absta in Higday \ Neal \ Fitzpatrick 7 ......-Keena / BiTe / J..--Bradshaw { Otis ' \ • • I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain H~di!y Neal .....-Fitzpatrick Keena /,/"' Bi lo Bradshaw Otas • • I • • • • Moved c..- • • • • ROLL CALL Seconded ~ Nay Absent Ab t I t.-- s a n H i_gd'!Y_ Neal J Fitzpatrick I Keena _j_ Bi lo _L Bradshaw I Otis I \ ~~35" ~ 0</f . (/ J- L 8 197 3~cf-ozy :)zc · ;:;. S 3 J L . c 7 (_;-} 19-; 3<1 .3 17 d?) c? 1~ 72! S0- • I . • • • • ROLL CALL Moved Seconded ~ Nay Absent Abstain Higday \ Neal 1 Fitzpatrick I Keena I Bi lo I Bradshaw I Otis 7 . I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal I v Fitzpatrick I Keena I v Bi lo I Bradshaw I Otis I "- I • • • • - • • • • ROLL CALL Mo v ed Seconded v Higday Neal Fitzpatrick v Keena Bi lo Bradshaw Otts ~a ~ !1-Ift;-[I Qi.. Ay ....._e N ay ' I I I I I \ • Absent Abstain I . • • • .. • ROLL CALL Moved Seconded Aye N Ab ay sent Abstain Higday Neal FitZpatrick Keena Bi lo Bradshaw Otis ~a, ~0 ~ ~~~;_ JJ-1--14 ;uu .A'.~ _/}J-.t g ;0»/.JJ J'VJJ,:,,.. j(UA__j' /1Lo <-uJ-/u£ ./-~ 0-tzLi 1 r rj f}a.u/V ?1<. 0A ~ 1t J __ . <--U !v ~ c& 'o ;t;,n,_,_, c_· -'U tf-UJ -¥·-w~( /'-"1'10 yt~-.L-4 ::6; ~M:J~&-o tf-")'U_{v / 1 ",( /1-< ct~r_.{~,._ ;t LU' (( , ? U< -fl · f c (} {u;) - • • I . • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I . • • • - • • ROLL CALL Hove d Seconded A 'I~ Nay Absent Abstain Hiaday I Neal I v---Fitzpatrick I ..--Keena I Bi lo I Bradshaw Otis - • I . • • • - • • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis • • I . • • • - , . Moved Seconded Hiqday Neal Fitzpatrick Keena Bi lo Bradshaw Otis • • • • • • ROLL CALL Aye N a y v L-- L-- v- v- v- v • fJ~~tL ~-u 4.L :Jn G tnt v-----' fo 'tAP-d- Ab sent Abstain I . • • • • • Moved Seconded ~ Nay Absent Abstain HiQday \ Neal l_ Fitzpatrick 1 v--Keena I Bi lo I v-Bradshaw j_ Otis ~ ' I . . .. • • • - • • ROLL CALL Moved Seconded Aye Na y Absent Abst · a1n Hit~dav Neal Fitzpatrick Keena Bi lo Bradshaw Otis (I;J ~J c:{J _IV /3 t 7 L I /3-u .J.<J & ~u . )L0 /JL/ J ----1/.1 "5c S-0 5'. / ~ L.-1 7-- / eX~ , /" (/ { £. ~ J JcJ • I . • .~----------------~----~ • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiCiday Neal Fitzoatrick Keena Bi lo Bradshaw Otis t:A-1. rvl-r t vL /~.,Lu J fl ~ '-!'!. <c, G-'l-..~ I -)')~~0 //)'-('~ ~-7 u ."tt I IL I ( l~j , J / /----c-'-L~! ' ,.,...,. .-c;;~ (/)I t <:"' /3L-> ~ C't". . 1 1-t.~L l ... /._ '-- ( · J l). tt.. --vjct-~1 {?)£,;:.... ~ ,-2.. •• ---t. ) ) ) -f l i c~~-JC I -4/Y" J) /~7.. t<. ·~/ .--D / ) ) ) -/7~ ~r · ( • .£-· .. / -,·c / c -/"'? .. ·; l tr t, YJ~:J I • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis -~LU __,~.-( /£. t7'U YL r?c vCJ C--~1-'?)'£ '5'i'--7f - s--ere \0 Ci.-u ,,..___, ~ ~5 /)LI-C W.. 7 ~ -v..rcc. - -c/2uJ c:~ f v o J ~~ c /;i~ ~J c~ r ~uJL0 .~1:--0 • ._._ • .._ y ) ~" ? &-u J ty J (} ;(' \-1~ / / ·-u J .. c ~-- /[ • I • • • • • ROLL CALL Hoved Seconded H i_gda_y Neal Fitzpatrick Keena Bi lo Bradshaw Otis ~/2~ , /h-/t J' fr) pc -:v:- ~ LLf (2k do r ~<--L ./"-' t/J / d tJ/}1 -(!) ~ C?.. e.-,._ I/- Aye Na y Absent Abstain I . • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain HiQday Neal Fitzpatrick ~ Keena Bi lo Bradshaw Otis c~ :t~~ J J 1 ~ fu_-z:Uo ( ~{ cr) (J ·r -<-I./ U "' ~ ~ ... -j :; l.) (}. ( J-..V-u &-f..J --c;_ 0 ;aGo 0 cr ~ ) --" .'Jiu , ... "' {) rrrL (./2 <.~o J I)' t "6-'21X.i-!4 ../ / (/ [._'( 11--/ ~ ~/\..- ~ ? J :; J .._ I . • -• • • ROLL CALL Moved Seconded Aye Na y Absent Absta i n Hiqdav Neal Fitzpatrick Keena Bllo Bradshaw J Otis ~ ~ 6 d H 1 v lv ~_en-- I I ~ f!/Y ..v'· ;1: 2 J zu;t f;j.~ -(3; · ~ ' '!A/_ . :.) ')'\<f . .) - '')'.,., .:/, - ('?..£-'~./ .. ., ~;)J / .-------------~~---~--------------------~-----~------• I . . • - • , . • ROLL CALL Moved Seconded A N ye ay Absent Abstain -HrQday Neal '\ Fitzpatrick I Keena I Bllo I Bradshaw { Otts \ • I • • • • ROLL CALL Moved Seconded Aye Nay Absent H lqdav Neal Fitzpatrick Keena Bilo Bradshaw Otis -~Co c.::-y 6<&-c:u 1 ') 0.-o Ou--.....J £k , d<--t> .Ji.-1 _,~' • Abstain ~ ( I • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Oti s a ~J .CJ::) ...,~ /< 0>rfl0 --A-u j)U~'~ ('J-= J.cV tJL d /. -_A...,J-._J ~ ~ ~'71 ~B¥ 1-y c;lt'L£-~~ 7~t.-Z} ~ v<_ ~ b <..-<- J-..,_, a.~4' c--v~ r tZ a ~·... cLa~ • I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday £__ Neal v--Fitzpatrick Keena Bi lo Bradshaw Otis I • • • • • • • ROLL CALL M ove d s d d econ e A ~~ N ay Ab t sen Ab sta n H!...g_day J. Neal _1 ....-Fit~atrick 1_ Keena 1 Bi lo Bradshaw ~ Otis ..... I • • • • • - • • ROLL CALL Moved Na y Absent Abstain Seconded Aye ' Hiqday \ Neal I Fitzpatrick I Keena I Bi lo I Bradshaw 1/ ~r-..., Otis 1\ v \ ----- I . • • 7 :30 P.M. 1. ylJ'- 2. I 3. • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 5, 1981 ~~ Cl-V\1<.__ JJXh? / ~ Call to order, invocation by James Clark, Minister of Mayflower Congregational Church , 3001 South Acoma Street, pledge of allegiance by Boy Scout Troop #92, and roll call . .... J ~~ Minutes. If...< a) Minutes of the special meeting of September 14, 1981. (Copies enclosed .) (b) Minutes of the regular meeting of September 21, ij_ 1981. (Copies enclosed.) ~(c) Minutes of the special meeting of September 28, 1981 . (Copies enclosed .) t, Pre-Scheduled Visitors . (Please limit your presents-tion to 10 minutes.) (a) Recognition of th participants recrea tion" program . in the "Work- (b) Ms . Lorraine J enkins, President of the Englewood Business and Prof ssional Women's Club , and Ms . Pa t Quinn, Chairman of National Busin sa (c) Wom n'a W k, will b pres nt to accept a proclamation proclaiming October 18-25, 1981 as National Business Women's We k . (Copies enclosed.) Ms. G rri Cummins, Pr aid nt, Arapaho County Leagu of Wom n Voters, will be pres nt to r - quest conaid ration fo r a contribution . (Copi • enclo ed .) Oth r Visitors . (Pl as limit yo ur pr a nta ion to 5 minut a .) • , ·' I • • - \ • • • • Page 2 October 5, 1981 Agenda 4. Public Hearing. (a) Ordinance on Final Reading approving the whole cost of the improvements made in Downtown District No. 1980-1, in the City of Englewood, Colorado; approving and confirming the apportionment of said cost to each lot or tract of land in said District; assessing a share of said cost against each lot or tract of land in the District; pre- scribing the manner for the collection and payment of said assessments; and declaring an emergency. (Memorandum enclosed .) 5. Communic at ions -No Action Recommended . (a) Minutes of the Liquor License Authority meeting of August 19, 1981. (Copies enclosed.) (b) Minutes of the Board of Career Service Commission- ers meeting of August 20, 1981. (Copies enclosed.) (c) Minutes of the Housing Authority meeting of August 26 , 1981 . (Copies enclosed .) (d) Minutes of the Public Library Board meeting of September 8, 1981 . (Copies enclosed .) (e) Minutes of the Planning and Zoning Commission meeting of September 9, 1981. (Copies enclosed.) (f) Minutes of the Parks and Recreation Commission meeting of September 10, 1981. (Copies enclosed.) (g) Memorandum from th Director of Libraries to the City Mana er concerning her attendance at the Am rican Library A sociation Conference, June 26 to July 2, 1981 in San Francisco. (Copies enclosed.) (h) Memor andum from th Acting Fire Chief to the City Manager concerninf his attendance at the Inter- national Associat on of Fire Chiefs' 108th Annual Conf rene in St. Louis , Missouri , September 13-16, 1981 . (Copie nclosed.) 6. Communic tions -Action Recomm nded . , I • • - • • • • Page 3 October 5, 1981 Agenda 7. City Attorney. Ordinances on Final Reading. (a) Ordinance approving the whole cost of the improve- / ~ments made in Downtown District No. 1980-1, in the 2 ,t1~1f''-'-"'"' City of Englewood, Colorado; approving and con-tO ~ firming the apportionment of said cost to each lot I ~ or tract of land in said District ; assessing a -....u...) (J. share of said cost against each lot or tract of land in the District; prescribing the manner for the collection and payment of said assessments; and declaring an emergency . (Copies enclosed.) Ordinance amending Title I, Chapter 7, of the 1969 Englewood Municipal Code, as amended, relating to rules of procedure before hearing bodies of the City and providing for appeal therefrom. (Copies enclosed .) Ordinance approving an easement with South Arapahoe Sanitation District and Southgate Sanitation District concerning certain real property owned by the City of Englewood, Colorado. (Copies enclosed.) Ordinance amending Title IX, Chapter 4, Section 3 of the 1969 Englewood Municipal Code, as amended, allowing delivery of food products to employees of commercial and industrial establishments on public right-of-way. (Copies enclosed.) Proclamation. (e) Proclamation proclaiming the week of October 11 through 17, 1981 as "Domestic Violence Awareness Week." (Copies enclosed.) Other Matters . (f) (g) (h) After the Fox vs City of Englewood et al. (Copies enclosed .) Chromatics Inc. and Chromatics Manufacturing Inc . vs City of Englewood et al . (Copies enclosed.) '/ I Attorney's Choice . /??I, )I ) ( /). (,. /1'1 tf l ;7; /11 ..1~ I • , , ... I • - • • • • Page 4 October 5, 1981 Agenda 8. City Manager. (a) Bill for an Ordinance fixing the tax levy in mills upon each dollar of the assessed valuation of all taxable property within the City of Englewood, Colorado, for the year 1982 and establishing a mill levy for the Englewood, Colorado, Downtown Development Authority, and declaring an emergency. (Copies enclosed.) (b) Manager's Choice. 9. General Discussion . • I • • • • - COUNCIL CHAMBERS CITY OF ENGL EWOO D, COLO RADO September 14, 1981 I()/ SPECIAL MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 14, 1981, at 7:00 p.m. Mayor Otis , presiding, called the meeting to order . The invocat ion was given by Council Member Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call . Upon a call of the roll, the following were present : Council Memb ers Higday, Neal, Fi tzpatr ick, Keena, Bilo , Br adshaw, Otis . Abse nt : None . The Mayor dec lared a quorum present. * * * * * * Also present were : City Manager McCown A sistant City Manager Wanush City Attorney De itt Director of Comm uni y Development Po w r D putv rity Cler atkins * * * * * COUNCIL MEMB ER FlTZPATRlC OVED TO OP HEARING. Council M mber Bilo s cond d the otion. of the r oll, the vot r ·ulted a ollowe : THE PU BLIC Upon a c 11 Ay s: Na y Th yor Hay or wae o allow h Council abou h ' uncil mber Hi day, N al, Fitzpatrick, Bt lo , Br d h w, Otie. Ot!. decl r d h motion carried . of th public h ri.ng prop rti • to p eak to * • * ) , I . S pt rnber 14, lqBl Page 2 • • - Susan Pow rs, ~ir ctor of Community De •e lopment, ap- peared before Counci and pr. ~ented the special i mprovement dis- trict inclu~ive of htstor cal b c· round. Ms . Po wers stated the pre Lnt plan lnclud~s pdrkln ~ot o accommoda t e 134 spaces anu "' walk-th1·ough over to Sou h Bro dway. The cost of project is to be funde by contrio• ti~n ~-City, the Engl e wood Down- town D velo m•.n Au::h•)rity, sments of propert ies within he defined district. * * * * Ric ahm, Office Engineer, appeared b fore Council and explained the met o •omp tln the assessments. Mr. Kahm s ated th informati-:>n was aup icated in writ en form in packets which ere available a t ' front ot the room . Mr. Kahm stated the dis- rict w;.,s divided n o a t··o zu e -primary and secondary . The proje cons t d o rkl~g lot t~ be assessed on a parking defici ncy basis d walk-hrou h to be asse s sed on a square foota e basts of l nd owned. Mr. Kahm presented th project costs for both the p rkin lo nd hew lk-through a $675,427 .31 of which the City w 1 d on ribute $219.559 .54, the Englewood Down- own Development «ou l d co·1 t i bute $9 . 000 . 00, and the property ss ~qroents wo~l co tribu e $35 ,867 .77. Mr. Kahm stated the Ci y nd EDDA pic d up ht: prop rtv sses ments of those assess- IDI!P~"s it xcess $ 0,000, in othe, wo Js no s essment wou ld d $40,0 0. M . a~ noted n lrror that d S ma de in one a r ic h City plcke up •he dit ferenc • * ,.. * * * * • I • • September 14, 1981 Page 3 • • .. test. Mayor Otis noted the receipt of seven letters of pro- COUNCIL MEMBER FITZPATRICK MOVED TO ENTER INTO THE RE- CORD THE LETTERS OF PROTEST. Council Member Bi lo 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 carri ed . * * * * * * Mayor Otis sked for comments from the audience. Mayor Otis stated any questions that could be answered would be, other- wise a letter of reply would be sent out later. David Peters, 7878 Wadsworth, Arvada , appeared before Council. Hr. Peters stated he was a commercial real estate broker appearing on behalf of Hr. and Mrs. Scott, owners of 3458 -70 South Lincoln. Hr. Peters stated the Scotts were protesting the assessm ent because their property would not benefit from the park- ing lot. Their property was on the east side of Lincoln Street. They owned and opera t d an apartment building and the tenants were between 61 and 62 ye rs of age. Less than half of the ten- ants owned cars and would use t h parking lot behind on private vroperty. The walk-through would not benefit the property owner ' either because most of the tenants would walk to the corn r less than 40 f et away. Hr. Peters stated 1 1 /2 spaces did not seem necessary. The costs would have been better served if paid out of general mon ie s rath r than special assessments. Mr. Peters stated it was unusual to him th t an assessment is computed before project completion. Hr. P t rs stated there was pace available to justify addition 1 ar (compact car ) which would reduce the deficient p rking ss ssmen for the Scott * * * * * * Jon F. Sands, attorney for Tr cy Laignelot, ppeared befor Council. Mr. S nds st ted Tracy Laignelot was th owner of 7-9-11 W st Hampden. ~r. S nds asked his first witness to com forward. Jack Frur n, 6475 Brentwood, Arvada, app red b fore Council. Mr. Frur n stat d h w s Chi f Appr iser for C pit 1 • I • • St.:pt mb Pa 4 I • • - from Mr. 'ands , Mr. Fruran r ~~ h the pro~erty. He identified Jd d to rat Gill who was .. '* '* M Fr ~an ~tated th lette ropdPn aA $232,000 as of btsed upon his experi en ce >pinion that M,. Lai gne lot's fter hP deve lopment of the • d ted I . Septemb er 14, 1981 Page 5 • • - Fred Kaufman, 2800 South Broadway, appeared before Council. Mr. Kaufman testified he was the owner of Kaufman's Men's Wear, 3395 South Broadway. Mr. Kaufman stated he was a former chairman of the Englewood Downtown Development Dis- trict and was instrumental i n setting up the parking lot. Mr. Kaufman stated the community was surveyed on what was most needed in downtown Englewood. The community's reply was park- ing. * * * * * * Fred Dransfeld t, Box 16, Parker , appeared before Council. Mr. Dransfeldt stated his assessment was excessive and unreasonab le . Mr. Dransfeldt stated the only fair method would be to assess square foo tage of the property owned dis- regarding the park ing lot . Mr. Dransfeldt stated the building was built in 1922 and parking was not a problem then. He felt Council could not enforce an ordinance that would set parking standards wh ich were not i n effect when the building was built . * * * * * * J. J . Petrock, attorney for the owners of the Odd Fellows Build ing -the IOOF Bu ilding Inve stment Company, ap- peared before Council. Mr. Petrock stated the highest and best use of the building was not taken into consideration. The assessments are une quitab le and there were other uses whi ch would vastly generate more parking space requirements than the Odd Fellows Building. The b nefits are not in accordance with the assessm ents for the properti es located on the west side of South Br oadway. Mr. Petrock c lled hi s first witness. Lee Laffoon, real est te apprai ser, appeared before Council. Mr. Laffoon stat d he has given testimony on behalf of th City in th past concerning : 1) the highes t nd be t use of real property in th City of Englewood , and 2) the fair market value of real prop r y in the City of Englewood. Und r ~ue tioning rom Mr. P troc , Mr. Laffoon testified h had occasion to make cursory in pection of the subject r a of th special improvement district. Mr. Laffoon st ted he w s f miliar with th zoning in th area which was mostly B-1 zon- ing. Mr. Laffoon st ted h had discussed the m thod o ass as- menta with City st ff mbers of th Com munity D velopm nt 0 - par m nt. He stated had al o ex min d the zoning ordinanc whi ch ha be n us d to det rmine th p rking spac d ficiency for th Odd F l low Bulldtng. Mr. Laffoon st ted it was his und rstanding th t th priv te parking standards wi th eom • t I • Septemb r Pa 6 in g. s reet which at $4'1 I)() b i ding w u his opin1o t the 340 Mr. · rz 0 ed * • • • lied to he Odd Fellows Build- toe the bu ilding acros s the o n th east side and s t e Odd F~ lows Building ne and best use of the Mr. Laffoon stated in no be benefit ed e qua l * k * 8.2) p .m. Council for r 11 c all . Upon en itz patrick, Keena, pre ent. .. It De itt, Mr. Laffoon Under q uestioning, written report con- l~tt t t Mr. Petrock stat- OJHnio ns. Mr. Laffoon stated p• -Y was being used to its o· to pu t it at it s high- rth . r. Laffoon stated only a upported opinion. ppr isal of th property. Wltn s. Lip n, pp r d b or Council. nant o th Odd Fellowe Building • 0 I . ( • September 1 4, 198 1 Page 7 • • - and opera ted House o f Upholstery. Mr. Kerzic stated Englewood needed additional parking but he did not and did not want to be assessed for it. Mr. Petrock gave closing remarks. He stated there has been a lack of information in calculating the assessment. As far as the Odd Fellows building was concerned joint use of the park- ing lot was not given consideration. The use of the building is at night and the volume was minimal. There was no relationsh i p to parking space def ic iency. The assessment was inequitable as far as this particular property related to another property acro ss the street. There are no comparable benefits on the west side of Broadway to the east side of Broadway. Lodge members never use the parking lot. Mr. Petro ck asked for the opportunity to cross exam i ne the staff who were involv ed i n processing the assessments. City At to r ne y DeWitt stated there would be time la t er in the meeting. * * * * * * Bill Pendleton , 5745 South Monaco, Greenwood Village, appeared before Coun c i l . Mr. Pendleton testified he was employed with the First National Bank of Englewood. During his employment, he has notice a de cline i n c ertain Englewood areas . He stat e d he was a board memb er o f t h e Engl e wood Downtown Develo pment Au- thority and support e d the park ing l ot development. He stated t he developmen t solv es o n e of the problems that is a constant c ompla int of peo p le on Br o a dwa y. Mr. Pendleton stated th e tang i- b l e resu l t s may n o t be s een i mmediate l y ; however, over the y e ars t he bene f i t will b e a p roven inve s tment. City Attorney DeWitt asked Mr. Pendleton on t he t angibl e results to which he r ferred. Mr. Pendleton stated the bank was not far from Broadway and h frequently walked downtown because parking was difficult. He stated he talked to several businessmen and one of the things that has been a problem in getting potential bus ine sses to locate on Broadway was the parking situation. * * * * * * Maurie Lubow, repr sen ing J rry Fe ther wh o o wns a business at 3460 Sou h Broadway, appear d befor Council. Mr . Lubow stat d Mr. a her's attorn y, K ith Van d burg, was al o vr s nt. Mr. Lubow adopted th testimony relativ to th t given • 0 I I • , * • • • - * lr * * * • c , Lakewood, ap- le o perated a busi- oresident of dba/ and offer ed con- In re sponse to Clo c s tated several r k ng. Mr. Close ine s e an d hoped that +-o Cuun c i 1 ·~ember •wood repre- 0 w n owner of 3400 r. rhar ugges ted ot~e r ay o inane a witnt:ss . u , Aurora , ppeared. n , how vcr, most tarkinr would Mr. D1wan stated cc s of his bus i - appeared befor e h current Chairperson of A~thorlty, M • Holthaus stated k-hrough proj ct and w nted in t prop•rty t o a pri- h lk-through w s de ign d ive ace a to nior citi~e n t would b ncftt t h nti r hould pay p r of th cost • • • I • • ( September 14, 1981 Page 9 ' . • • • Norma Clayton, 3200 West Bowles, Littleton, appeared before Council. Ms. Clayton stated ahe was co-owner of 3484 - 3486 South Broadway. Ma. Clayton stated she had questions on the accuracy of the measurement of her building. She requested an appointment with staff to discuss this matter. Ms. Clayton stated the project was n e eded but was concerned about the fair- ness in assessing the co a ts. Arrangements were made for Ms. Clayton to meet with Mr. Kahm and Ms. Powers on the following day. * * * * * * Mike Haviland, 2104 Dartmouth Circle, Director of the Englewood Downtown Development Authority, appeared before Council. Mr. Haviland testified the EDDA purchased property from the Public Service Company for the parking lot. He stated the proximity of the parking lot and because it accesses the business area inc reas e s the value of property. Mr. Haviland stated the funding of the project seemed logical. The development provided benefit to resi- dential areas. Plans are to make the walk-through safe and will be well lighted. Mr. Haviland noted most of the prote sts have been on the assessments and not the project itself. * * * * * * City Attorney DeWitt asked questions of Ms. Powers. She responded to the benefits received by both the east and west sides of South Broadway. Ms. Powers stated any downtown without park- ing will fail. Ms. Powers stated the improvement plan will beauti- fy the downtown area and attract more people to shop downtown. Mr. Petrock asked questions of Ms. Powers. In response Ms. Powers stated staff members measured the Odd Fellows building and the parking requirement was based on the count. Ms. Pow e rs stated staff members were aware of the building's use . Als o, the owner of a building would have access to the parking lot b ut not c ontro l over ita uses. Multiple-use as applied to park ing sp ce would n o t apply in this case and would not apply in any other because there is a stipulation that the uses can no t c on flict . A joint use has to be made by contract and approved by th Pla n - ning Commission and does not apply in this case. Mr. DeWitt objected to additional questioning from Mr. Petrock on joint use of the building as being irrelevant . In response to additional questions from Mr. P trock, Ms. Powers stat d the City did not make studies s t o the a mo unt • 0 I • September 14, 1981 Page 10 • • • of parking space required at nigh as opposed to day time use. Mr. Petrock stated the parking lot hAd 122 vac a ncie s at 6 :30 p.m. on this '"light. t •v Erhart Rppear~ a ain to ask ques tions of staff . Mr . Erhart R~~ed where legal title of the land purchased by the Ci y from the P blic Service Co~pany wa held. Ms. Powers re- sponded tha legal ti le was held by the City . Mr. Erhart asKed Mr. Kahm about th e 6% increase that was picked hy staff in relationship to original estimates. Mr. Kahm r spond d the original ssessments given out a year ago were base d on da a put together by staff for c omparison purposes. The 6% figure is ~ontroled by state aw which is the maximum that can be assessed 1 over original estima • In re ~pons Kahm tated there ar found nd s essmen s in~ up he balance. than 6% permit d hy to ity At orney De Witt's question, Mr. numerou. assessment s where errors were we e increased by 6% with the City pick - ahm tat d no one was increased more Mr. m ting 'If * * * * T.ub w pp ared to ask que ions of Ms. Po wers. credit was r,iven for parking spaces owned and er st ted there existed a possibility that e termina ed quickly and the busin ss would pace. Mr. Lubo w rgued the owner hip of rminate just as quickly. Ms. Pow rs stated 1 ths a property own d today would stay Mr. Lubow asked how many lots w re o wn d by the 1 bu In as or wh ich the Ci y g ve credit s d. Ms. Po wer st t d h did not have ould 1 t Mr. Lubo w now. dir c d qu t iona to Mr. Kahm as to how many ct d by the ov r $40,000 ass ssment. Mr. Kahm two busin sees. Th r no furth r co mm nt at this tim rin w a 1 t op n. Mayor 0 l adjourn d th VO t 9:55 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, 198 1 , at 7 :30 p.m. Mayor Otis, presiding, called the meeting to o rd e r. The invocat i on wa s given by Reverend William Mantei, Centennial Lutheran Church, 3959 West Belleview. Th e ple dge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a c a l l o f t he roll, the following were present: Council Mem be r s Nea l, Fitzpat r i c k , Keena, Bi l o, Bradshaw, Ot i s. Absent : Council Member Higday. The Mayor declared a quorum present. Mayor Otis state d Co un ci l Member Higday was il l a nd was not able to at tend th e mee tin g. * * * * * * Also pre sent were : Act ing City Manager Wagg on er Ci t y Atto r ne y DeW i tt Municipa l Co urt J udge Park in on Deputy City Clerk Wat k ins * * * * * * COUNCIL MEMB ER BRADSHA MOVED TO APP ROVE THE MINUTES OF THE REGU LAR MEETIN G OF SEPTEMBER 8, 1981. Council Memb r Fitzp trick seconded th mo t ion . COUNCIL MEMBER NEAL MOVED TO AM END THE MI NUTES BY ADD- I NG "SITES" AFTER THE WORD "CONSTRUCTIO N" IN TP.E THIP.D PARAGRAPH, PAGE 6 . Council M mb r Keena seconded the motion. Upon a call of the roll, the vote r sulted as foll ow s: Ay Coun c il M mb rs Neal, Fitzpa t r ick, K n , Bilo , Bradshaw, Otis . ays : None . • , I • • , • September 21, 1981 Page 2 Absent : • • • Council Memb er 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 re ult ed as follows: Ayes: Nays : Absent: Council Mem be rs Neal, Fitzpatrick, Keena, Bilo , Bradsh w, 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 : ays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council M mber Higday. The Mayor declared the motion c rried. * .. * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 26, 1981, AS "HUNT! G AND FISHING DAY". Coun- cil Member Fitzpatrick seconded th motion. Council M mb r Keena spoke ag inat the motion. Ms. Keena et t d she believ d in wildlife management and cone rva- tion but had difficult tim procl iming a day especially for hunting and fishing when it is not tied to a gre ter picture of conserv tion and m n gem nt. Ayes : Nays : Council M mb rs Neal, Fitzpatrick, Bilo, Br dehaw, Otis. Council M mb r K ena. • 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 a ny other visitors at this Acting City Manager Waggoner introduced Fire Chief Broman who was re c ent ly 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 vi s itors 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. Minutes of th Englewood Public Libr ry Ad- visory Board meeting of August 11, 1981. Minute of th Board of Adjustment and Ap- peals meeting of August 12, 1981. Minut s of th D nv r Regional Council of Gov rnm nts m eting of August 19, 1981. Minutes of th Engl wood Downtown D v lopment Authority me ting of S ptemb r 9, 1981 • • , I • , September 21, 1981 Page 4 (f) (g) • • • Mem orandum from the Executive Director - Housin to h D1rec or of Community De- velopm nt concerning t e Annual Mountain Pla ins Region 1 ~AH 0 Confe rence . Me morandum f.orn the Executive Director - Housing to tht ~i~ecto r of Communi ty De- velopment con E ing th e Small Citie s Com- munity Development Block Grant Regulation Review Pan Pl. COUNCIL MEMBER KEENA MOVED TO 'CCEPT "C OMMUNICATIO NS - NO ACTION RECOMMENDED " AGENDA I fEM~ )A -SG. Cou ncil Member Bilo seconded the motion. Upon a call ot the roll, the vote resulted as follows : Ay es: Council Memb rs leal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. Ab sent: Council M . ber Htp.day. The Mayor declared the motion carr ied. * * * * * * Acting City Ma nager ggon r presented a Council Com- munic tion from the P lanning and Zonln Co mm l sion meeting of September 9, 1981, cone rning apt·pov 1 of the final subdivision plat of Cottonwood Vil l ge in th 00 block of West Quincy Ave- nue. COUNCIL MEMB ER SILO OVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDI NANC E APPROV ING THE Pl.AT. Council Member Keena seconded the motion. Upon a call of he roll, the vote resulted as follows : Ay aya : Ab nt : Council Member Neal, Fitzpatrick, Keena, Bilo, Br dshaw, Otis. one. Co un cil Memb r Hi d y. The Mayor d cl r d the otion carried. * * * * * * • 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 MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 198 1, ON FINAL 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, Fit zpatr ick, Keena, Bilo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BIL L 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 Attorn y D Wit recommend d tabling Council Bill No. 76 to add recomm nd d 1 ngu ge to protect business owner • COUNCIL MEMBER K~ENA MOVED TO TABLE COUNCIL BILL NO. 76, SERIES OF 1981. Council Member Fitzpatrick second d the motion. Upon a call of th roll, th vot resulted as follows: Aye : Nays : Council M mb ra Neal, Fitzp trick, K n , Bilo, Br d haw, Otis. on . • 0 , 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 COU NCIL BILL NO. 69 INT RODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RUL ES OF PROCE- DURE BEFO RE HEARING BODIES OF THE CITY AND PROVI DING FOR AP- PEAL THE REFROM. City Attorney D Witt noted a correction on page 2 1-7-3 (a) (1) first line by changing "City Council" to "Liquor License Authorit y". COU NCIL MEMB ER BILO MOVED PASS COU NCIL BILL NO. 69, SERIES OF 1981, AS AMEND ED ACCORDING TO THE CHANGE NOTED BY THE CITY ATTORNEY. Council Membe r Fitzpatrick seconded the motion. Upon a call of the roll, th vote result ed as follows: Ayes : Nays : Absent: Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. Council Member Higday. The Mayor d cl red h motion carried. ORDINANCf: NO. SERI S 0 1981-- * * * * • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 79 INTRODUCED BY CO UNCI L MEMBER NEAL ORDI ANCE APPROVING AN EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICr AND SOUTHCAT SANITATION DISTRICT CO NCERNING CERTAIN REAL P OPE TY OWNED BY TH CITY OF ENGLEWOOD, COLORADO • • I • September 21, 1981 Page 7 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BI LL 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 RESOLUTIO N NO. 41, SERIES OF 1981. Council Member Fitzpatrick stated this resolution was a warning to various liquor busines ses that City Council wi ll not tolerate violations of the liquor co de. Council Member Bradshaw noted it has taken 18 months to resolve this issue with The Dart Board. Upon c 11 of the roll, the vote resulted s follows : Ayes : Nays : Absent ; Council Members Neal, Fitzpatrick, Keena, Si lo, Bradsh w, Otis . Non . Council M mb r Higday. Th Mayor d cl r d th motion carried. * * * * * * • , I • September 21, 1981 Page 8 City Atto rney D from District Court Judg J Louis Parkinson from dismis • • • ran mitt d a Writ of Prohibition S. Steinha rt prohib iting Judge "R qi ing Arrest" cases . * * * * * City Attorney DeWitt tated in th course of construc- ting a sanitary s ewer in northwe t Engle ~ood, it has been necessary to acquire certain right-of-ways. Mr. DeWitt stated the grant of sewer line easement from Key Savings & u0 an was pursuant to the document he delivered at he study se sion. Mr. DeWitt asked for approval of this grant. COUNCIL MEMBER KEENA MOVED fO APPROVE THE GRANT OF A SEWER LINE EASEMENT FROM KEY SAVINGS & LOAN TO THE CIT Y OF ENGLE- WOOD. Council Member Nea l seconded the motion. ' Council Member Neal asked if there would b e a payment of money to Key Savings for the easement. • City Atto rney 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 appraisal or pursuant to release of another alternate right-of-way . Council Member Ne al asked i f the proposed alignment was con sistent with the do wn town deve lopment program. Acting City Manager Waggone r stated since it is unknown exactly what the downtown develo pm ent wil l con sist of, there will be coordination wi th th pl n and the alignment. Also, 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 s follows: Ay s: Nays: Abs nt : Council M mbers Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council M mb r Higd .y. Th Mayor declared th 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. * * * * * * Ac ting City Manager Waggoner presented a memorandum from the Chief of Police requesting to attend an Obscenity Conference in Scottsdale, Arizons, 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 CHI EF OF POLICE TO SCOTTSDALE, AZ. Council Member Bilo sec ond d th motion. Upon a c 11 of th roll, the vot resulted a fo llow : Ay s : Nays : Ab1 nt : Council Members Neal , Fitzpatrick, K n , Bilo, Brad h w, Otis. Non • Council M mb r Hi day. The yor d cl r d th motion carri d. * * * * * * t I • • • • - September 21, 1981 Pag e 10 Acting City Ma n ager Waggoner presented a Council Co mm uni- cation from the Planning Division concerni ng a request fo r insta lla- tion o f banner across South Br oadway for t h e "Run for Li f e". The reque st is presented by St. Anthony's Hosp i t a l f r om Sept ember 28th through October lOth. COUN CIL MEMBER BRA DS HAW MOVED TO APPROVE THE BANNER FOR ST. ANTH ON Y'S lOK RUN FOR LIFE FROM SEPTEMBER 28TH THROUGH OCTOBER lOTH. Council Member Fitz pat r ick seconded the motion . Coun ci l Memb er eal spoke a gains t the motion . Mr. Neal noted the discus s ion o f having c on s tant banners. He s tat e d the perio d o f time is too l ong for one banne r. Coun cil Member Keena noted t h at t he busines s o f banners i s propo sed to be unde r the n w Sign Code a s an admini s tra tive ' f unction . Acting City Manager Wagg o ner tated it was propo sed to e l i mi nat e al l b a nne r s with the exc eption of those event s sponsored by c i ty , c o un ty or school district. Counc i l Mem ber Bilo a g reed with Mr . Neal. Mr . Bilo hoped the proposed S ign Code would addre ss the proble m; b u t be- cause of t h e time fr me, t he St. An hony ' b anne r should be al - lowed. Upon a call of t he r oll , t h e vot re sulted as fol l ows : Ayes : Nays : Abs e nt: Co uncil Memb rs Fitz pa t ri c k , Keena, Bile, Br dshaw, Otis . Co un cil Memb r Ne a l . Council Hemb r Higday . Th Mayor d clar d h motion c rri d . * * • • • • Co un cil th nked 11 W ggon r for f i l ling i n for City Man g r Mc Co wn wh o was out-of-town th i w k. • * * * • * audi nc • Coun ci l Meab r F i tzp trick w lcom d n w p opl in th * • • • • • • I • • ( ( • • • September 21, 1981 Page 11 There was no furth er busine ss 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 . SPECIAL MEETING : • • .. COUNCIL CHAMBERS CITY OF EN GLEWOOD, COLORADO Se ptemb e r 28 , 1 981 The City Council o f t he City of Englewood, Arapahoe County , Colorado , met in special session on September 28, 1981, at 7:00 p.m. Mayor Otis , presiding , called the meeting to order. Th e invocation was given by Council Me mb er Fi tz pat r i ck. The pledge o f al leg i ance wa s led by Mayor Otis. May o r Otis a s ked for ro l l c all. Upon a cal l o f the roll , the f o llowing we re present: Coun cil Mem bers Higday, Nea l, Fitzpatri c k , Ke e n a , Bilo, Bradshaw, Otis. Ab s ent : None. The Mayor declared a quor um p re sen t . * * * * * * Also present wer e: City Manager McCo wn Assistant City Manger Wanush Assistant City Attorney Holland Director of Fin a nce/ex officio City Clerk-Treasurer Higbee Deputy City Cl erk Watkins * * * * * • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING CONCERNING THE 1 982 PROPOSED BUDGET. Council Member Bilo a conded the moti on. Upon a call o f the roll, the vote resulted as follows : Ayes : Nay s · Council M mb rs Higday, Neal, Fitzpatrick, eena, Bilo, Bradshaw, Otis. on • The Mayor declar d the motion carried . • • • * * * Gary High , Dir ctor of Finance, pres nt d th 1982 propos d bud t. Mr . Higb stat d th total rev nu s r pro- j ct d to b $22 ,927,467. Total exp nditur s ar proj ct d to • , I • • September 28 , 1981 Page 2 • • .. be $21,939,149 with a budgeted t ran s f e r o f r ve nu ~ from the General Operating Fund to the Pub l i c I mp rove ment Fund of $575,000. Mr. Higbee stated the pro perty tax mill levy is proposed to remain at 6 mills. Mr . Higbee stat d the levy will generate less revenue this year due to a tax law change. Mr. Higbee discussed the breakdown of reve nue s. Richard Wanush , Ass is t ant City Manager, presented the breakdown of projected expend itures for 1982. Mr. Wanush stated the new items included in t he budget are four additional police officers, one civilian crime prevention officer, two mechanics for the Servicenter , Phase II c omputer applications, and recodification of the City Code. Mr. Wanush stated supple- mental items not included in the budget but recommended for Council's consideration are Library data processing for catalog system, implementation of cable TV coordination, city forester, ; word processing for City Attorney and Municipal Court offices, and in-house communication repair. Mr. Wanush then discussed the Public Improvement Fund, Water Fund , Sewer Fund, Golf Course Fund including the purchase of go lf carts and the increase of 25¢ per round of golf for 1982. There were no questions from Council at this time. * * * * * * Mayor Otis asked if there was nyone present in the audience wishing to speak on the 1982 budget. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones asked if the money budgeted for Little Dry Creek was based on the five alternatives of a study which was done a few years back. Council Member Neal stated the alternatives are the basis of wha t is being considered now for Little Dry Creek, H noted ther were still complex decisions to b made. Council Memb r Keen stated the money expended to date is based from the alternatives, and future decisions would depend on the Urban Flood and Drainage Control District. Mayor Otis stated he served on the Board of Urban Flood and Drainage. The proj ct of Little Dry Creek is being studied nd th r was a possibility the plain may be reduced. * * * * * * • I • - ( ( September 28, 1981 Page 3 ,. • • • Scot t DeMar o , Arapahoe House, appeared before Council. Mr. DeMaro stated h e was appearing on behalf of Jim Brenneman, Director of Arap a hoe Hous e . Mr. DeMaro thanked Council for th eir contribution in 1981 and asked for consideration of a contr i bution of $8 ,500 for 198 2 . In response to Council Member Bradshaw's question, Mr. DeMaro stated c ontrib u tions have been requested from other Councils. Counc il Member Ke e na req uest e d Mr. DeMaro to provide a n update on the r e port d ated August 2 6 , 1 98 1, from Mr. Br e nnem a n . Ms. Keena also request ed in for ma tion on the agency's 198 1 budget and required con t r i butions i n clud in g the state to fulfill the 1982 budget. * * * * * * Mau rice Merl1n, 3688 South Sherm an , appeared before Council. Mr. Me rli n expre sed his disa pp o i n tment wi t h t he l ow attenda nce at this hearing and the li ited pu blica t i on it r e- ceived. City Ma n ager McCo tated the rea s on the h e a r ing was n o t n oted i n t he Englewood Citizen was because th e hearin g dat e was s et afte r t he Citizen was pub li shed . Council Member Ke na stated no matte r what impact the publi c at i o n has on the attend ance , the budget hearing s hould be widely pub licized. * * * * * * Ho ward Morari e, 129 South Sherman , ap pe ared befor e Coun cil. Mr. Morarie expressed his concerns about the candi- d ate information packet not ~eeti ng th deadline for publica- t i on in the Englewood Citizen. In re pon e to Counl; l' s qu arr ngem nt h v be n made to publi h c ndidate Nov mber issue of th Ci iz n nd th t it out rly s possible befor th election . Cl rk stated inform tion would be sent Mr. Morarie app ul d th incr a e for th Police D - p rtm nt. Mr. Mor rie queri J th t ransf r of g n ral revenu sharin funds from the Public lmprovem nt Fund to th Gener l Fund . City Man ger McCown ha1 only b n budget d through n r 1 r v nu sh ring f nd, • 1 haring cut in th short , I • , • September 28, 1981 Page 4 • • - by a certain amount in the Public I mprovement Fund ultimately. The fund would have to be reduced by t he amount indicated to be cut. Mr. McCown stated he and st ff were recommending the fund balance to be kept at 7.5% and any monies over that be transferred to the Publi c Improvemen Fund . Council Member Bradshaw noted that Englewood was for- tunate because other metropolitan a reas depend on revenue shar- ing to do their payrolls while Bn g lewood has used the monies for public projects . Mr. Morarie asked if the Ci y anticipated selling any more bonds in 1982. City Manager McCown stated he did not anticipated sell- ing bonds for sewer projects. The only ot her projects for which bonds might be sold would be for the downtown development plan and the community center. Council Member Keena sta ~d the selling of bonds hinged on the bond market and if it wa do at the time, then other methods of financing would be looked at . * * * * * * Ther were no further comments on the budget for 1982. * * * * * * COUNC L MEMBER BRAD'HAW MOVED TO CLOSE THE HEARING. Council Member Keena seconded Lhe motion. Upon a c 11 of the roll, th vot result d as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brad h w, Otis. N ys : None. The yor d clared the motion carried. * * * * * COUNCIL MEMBER KEENA MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER 1982 GENERAL REVENUE SRARING FUNDS. Council M mb r Fitzpatrick cond d th motion. Upon a call of the roll, th vot reault d aa follows: Ay 1: Council M mb rs Higd y, N al, Fitzpatrick, K na, Bilo, Bradshaw, Otis • • I • • ( • • • • September 28, 19 81 Page 5 Nays : None. The Ma yor de cla re d the mot ion carried. * * * * * * City Man a g e r McCown presented the information on general revenue sharing funds f or 1982 . Mr. McCown stated funds for 1982 should amount to $5 75 ,000 which is down slightly from 198 1 . The loss was due to a reduct i on i n popula tion re por te d b y th e 19 8 0 census and to the s tate legislature 's c hange in t h e method o f com - puting the p r o perty tax . Mr . McC own s t ated staff wa s recomm e nd in g the use o f general r e v enue sharing in the Genera l Fund f or s ome of the on-going safe t y p r ograms and t o ma ke a like contribut i on from general tax resource s to the Pu blic Im proveme nt Fund t o u s e for construc tion p rojec t s . The re wer e n o comment s fr om Counc i l at this time. * * * * * * dience. Mayo r Otis asked if t here were comme nts from the au- Howard Morar i e , 3129 Sout h Sherman, appeared before Counci l . Mr. Mo rarie asked how much mo ney was lost i n gene r al revenue s h ar ing d ue to the census. Ci t y Manager McCo wn res po nded a pproximately $55,0 00 . Further , Mr. McCown s tated t he City c hose not to fight the cen-, sus coun t after thorough analyzation of t he City 's situation , in part i cul ar , t h e reduct ion of scho o l ch i ld ren, the number o f e l- derly in the Ci ty , et c . Mr. McCo wn s t te d t h e figures were pro - bab ly not tha t fa r off nd not muc h of an argum e n t wo uld b e pre- sented. Mr. Morarie discu head count . d h Ci y maintaining i t s own Mr. McCown t ed a housing count is kept. Council M mber K n st ted based on her e xperience in fore c as ting popul Lion proj~ction , it ia a n e x pen ive pro j e c t t o do. Sh s tated she discu d initiat in an a pp a l in fighting the censu but the r were no re 1 indic ion th t the census was do n e in error. * * * * {It * • 0 I • • • • • • September 28, 1981 Page 6 Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones suggested putting all the general revenue sharing funds into the golf course to expedite the project so the City can begin to see the golf course paying for itself. * * * * * * There were no furthe r comments on general revenue sharing funds for 1982. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE HEARING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: 8 :23 p.m. Ayes : Na ys: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion c rried . * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING Mayor Otis adjourned the me ting without a vote at • I • • • • - RECOGNITION AWARDS "Workreation Progr-" Parks and Recreation Department October 5, 1981 V Steve Bell 4601 South Lipan Scott l!llunk Davis Lehnus 3730 South Elati 4640 South Washington Laurel Lehnus 3730 South Elati Jennifer Ellb 4821 South Inca r J.y Gibaon 4801 South Inca V Laura Gibaon 4801 South Inca ~ Dana Gieliasen 1317 East Belleview V Danny Glenn 4090 South Pearl r Angela liaidon 4685 South Logan Chris Hanley 2706 South Gr an t vette Helfer 4180 South J on I 0" Eric Lone fl ~ 5045 South Delaware Kia Mitchem 4729 South Acoma v-Darren Nicodemus 1801 East Girard, #265 V Lisa Osgood 624 East Amherst v-Mike Osgood 1)/5 624 East Amher st Stacy Stevena 3835 South Logan J~e Wallace 4585 South Grant Jeff Wei st 4550 South Inca ¥ Sheleigh Wilks 4270 South Inca 10/5 -Janice, H r 'a a list of th kids who will receive r cognition w rd from Mayor Otis t tonight's ting. Mary C mpb 11, who w s n mploy of City and dir ctor of th program, will b t th ting to assist the Mayor. Pc • I • • • • • B P R 0 C L A M A T I 0 N WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in the ir professions, as well as to promote the interests of busine ss and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States and extends opportunities to business and professional women through education along the lines of industrial, scientific, and vocational activities; and WHEREAS, working women of the United States comprise 41 % of the employed population of this country,and they contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor Am rica's working women who are devoting their time, talents, and energy to assist other women achieve the recognition and respect they deserve in the business world. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of th C~ty o Englewood , Colorado, do hereby proclaim the week of Octob r 24, 1981 as NATIONAL BUSINESS WOMEN'S WEEK i n Lh e City of Englewood, Colorado, and urge all c~t~zen s Lo J ~ in the observance by giving their support to this Club, its me mb e rs, and the working women of this community, not only dur~ng thi s week, but through the weeks t hat follow. GIVEN under my hand and seal this 5th day of Octob r, 1981. • • • • • .. P R 0 C L A M A T I 0 N WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions , as well as to promote the interests of business and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States and extends opportunities to business and professional women through education along the lines of industrial, scientific, and vocational activities; and WHEREAS, working women of the United States comprise 41% of t he employed population of this country,and they contribute s ubstantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor America's work~ng women who are devoting their time, talents, and energy to assist other women achieve the recognition and respect they deserve in the business world. OW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 18 - 24, 1981 as NATIONAL BUSINESS WOMEN'S WEEK ~n the City of Englewood, Colorado, and urge all citizens to join in the observance by giving their support to this Club, its members , and the working women of this community, not only during this week, but through the weeks that follow. GIVEN und r my hand and seal this 5th day of October, 1981. Eugene L. Ot~s, Mayor • ) I • - • • • - L vv ~ v --- Englewood City Cou ncil )400 S . Elati St . Englewood , CO. 8011 0 Dear Council Member s : ARAPAHOE Jul y 18 , 198 1 LE AGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY 23 05 West Berry LITTLETON, COLORADO 80120 TELEPHONE: 795-1497 . \ ' " ',, CliY \l J,4 ,'.JLt:.) ""' i 1~ trlc.,E ·.coo As you begin the budge t i n g process for 1 82 , the League of Women o e r as k ~ you to again cons i de r includi ng supp ort of v r voter .·ervice activi tie 1.n your aid to other agenci s category . With fun s you have provl ed 1.r. u-.. , pd.st, w have prin e and d i stribute "Voter Guides" to the c ommun ity wi tl. n:cogn1. tion of you r s uppor t on the Guide cover. During the f 11 gener Jection of 1980 , w we r e a b e to provid e copies of our ba.ll o i ssue pu blic tivn to cl t1ze1.s a+ no co t . Again w >•ere abl e to identify your fir. .cial suppot t o tht< cov r . We realize budge ts are tight , but 1or th provid a great de al of citizer, e c tior . Sincerely , h~ Gerry Cummi .s Presid.e nt n o ui r ort ~ven , we can Thank you or your consiu ra tior.. • I . • • • • MEMORANDUM ---------- TO: City Manager McCown FROM: Susan Powers, Director of Community Development DATE: September 28, 1981 SUBJECT : Response on Downtown Improvement District Assessments The following information is provided to you and the City Council to follow up on the questions raised at the September 14th public hearing on assessments. 1. 3458-70 South Lincoln. The property involved is a seven (7) unit rental housing development in the pri- mary zone. Based on the Englewood Zoning Ordinance, 1-1/2 parking spaces per unit are required, which would result in an eleven (11) parking space requirement. This requirement of 1-1/2 spaces per unit applies to all units under two-bedroom in size, which is the case here. The requirement does not vary depending upon the type of tenant residing in the units. While senior citizens generally own fewer cars than younger tenants, there is no guarantee that this apartment complex will always have predominately elderly residents. The prop- erty was credited for five (5) parking spaces in the rear of the building. Access to these parking spaces will be through an alley north of Safeway off of Sherman Street. Attached to this report is a site plan which indicates the parking ar~a. It is an unpaved area containing 1,883 square feet, with no parking spac markings . Generally, in unmarked parking areas serving more than one single-family unit, the Planning staff will not allow a piggy-back parking arrangement (one car behind the other) since this results in cars blocked into spaces without control over the car blocking. Therefore, the number of parking spaces which were credited to this site cannot exceed five (5) soaces since any more spaces would creat a situation where on of th parked cars would b blocked. The measur - ment nd rrangement do s consid r a combination of com- pact car spac s and standard spac s . Th staff has credit d the property for 507. compact car spac No djuatm nt to the assessment is r commended . • ) I • • • • - City Manager McCown September 28, 1981 Page -2- 2. 3484-6 South Broadway. The Bar Harbor is located on the first floor and efficiency apartments are located 3. on the second floor. The owner of the property, Ms . Norma Clayton, appeared at the September 14th hearing , and asked only to set up a meeting with staff to review the assessment . On September 16, 1981, Rick Kahm, Susan King, and I met with Ms . Clayton to explain the calcula- tions and method of assessment. The propert y includes a bar with a seating area of 1,165.5 square feet . The Englewood Zoning Ordinance requires one (1) parking space for each 60 square feet of seating area . This would result in a requirement of 19 parking spaces to serve the bar. The second floor of this building contains rental a~artment units. According to the Arapahoe County Assessor s records, there are six (6) apartment s on the second floor. There are also six (6) mailboxes, which indicated six (6) units existed . Based on this informa- tion, assessment was based on six (6) apartment units and a parking requirement of nine (9) spaces. In meeting with Ms. Clayton, we were informed that there are actually five (5) apartments rather than six (6). Contrary to County records, only five (5) apartment units do exist . Therefore, the parking requirement wou ld be lowered to eight (8) spaces. The assessment of this property would then be reduced from $26,335.12 to $25,380 .29 . The property owner is also claiming that the area behind Bar Harbor can accommodate two parking spaces rather than one space by moving the trash dumpster to another location . The staff based the one (1) car credit on the space which was available at the time the survey was done. The City cannot be put into the position of reconsidering changing parking arrangements week to week and revising the assess- ment distric charges . The st ff opinion is that in th present case, there would still be inadequate spaces for two vehicles even if the dumps er wer moved to another position. Parking two (2) cars would block the entrance to the building . Therefor • th recommendation is that the prop rty continu to b cr dit d for one (1) parkinp, space. (S attached sit plan .) The s cond floor nd us d by the Odd Fellows Ther is a total of 1,022 and 5,888 squar fe of r quir m nt for h office ach 300 squ r f t of r n - ar a, or 3 .4 sp c a . This was round d down to a e (3) ap c requir m nt. The aaa mbly ar a requir - m n ia one (1) space for ach 100 square f of ro sa I • • • • - ~I ,j City Manager McCown September 28, 1981 Page -3- 4. 5. floor area. This would mean 58.9 or 59 parking spaces required. The total of these two is a 62 parking space requirement. There is some space in the basement which is being used by the Odd Fellows (the dining room and kitchen, and this was included in the assembly area square footage . I There was a questiqn raised at the Assessment District hearing about join~ use of parking spaces. There is a provision in the E9glewood Zoning Ordinance which does allow such arrange ents , but the criteria established in the Ordinance have not been met by the property owner. No adjustments are recommended . ~7_-~9_-;l;l~W~e~s~t~H~am~~d~e~~A~v~e~n~u:=e. The property owner and attorney ' representing t e p operty owner attended the assessment hearing and raised numerous questions about the need for parking for the te ants. In the course of their presentation, they stated that t ere are six apartment units, in addition to the office spa . Our land use and Assessors records indicated that th e are eight (8) units. The assessment for the property s based on the parking requirements for eight (8) apartme t units, which would be twelve (12) spaces. After a survey of the building on September 25, 1981, the staff agrees that there are, in fact, six (6) apartments. It appears that t e basement had been used for residential purposes sometime in the past. Based on this adj stment, the assessment on the proper y is reduced by $2 , 64 .49 ; the final assessment will be $14.721. 85 . Ther are two ot written objectio written letters questions, and a a) r prop rty own rs/merchants who submitt d , but did not attend the hearing . 1 h v each of them . I am answ ring their umm ry of these responses is below . • 1 • • • ,. • • • • City Manager McCown September 28, 1981 Page -4- b) 3550-54 South Broadway. The property owner raised several issues in his letter. The main questions involves his claim that he has room for 4 auto- mobile parking spaces behind 3550-54 South Broad- way. The property was not credited for any parking spaces since the only access to this fenced are is along an unpaved, undedicated alley off of Sherman, adjacent to Little Dry Creek. This alley mainly serves as an access route to the Public Service substation and there is no guarantee that the access would always be available. No adjustment is recotmllended . 6. There were also letters received from the owner of 3417- 19-33 South Lincoln, 3401-07 South Lincoln and 16 East Girard, and the owner of 3467 South Broadway but they did not ask specific questions so the staff was unable to respond . • I • • > • • • - -,~---, I I 1 I I I I I 5 Afl.KIIf'iCl 1.7:>PAC ' ~ : I l l I IJ&'?" ~I'N.£. C. 'AVt.t.. vt•rri w~c.o-::s ~~· 5l'~HG. 'Y'~ 3'· 'l'"'oOL"' 1"!>' L•I'IC.. l 1'1." " ·~· ~~C...:/11 s'Z.O' I No• WIDii Ef'iOIJG;4 Fo~ A (:,'N ~?AC.-C:.. ;2---'P~u:r/ L...INE- --··.. -a.•) 1.:? :..0 '(, ~-;;1 PA t(IHG. AJuA. -IB0~ ~ +&,o ; 5 .2c::> 5 -~I'IC:. I • - • • • • :34 6 4 "'b . "i>1<.aA.D WAY ~'R. «~~ l<EG E~S.e:.P P.~ (Co'KC.'RCTt::. ') • I . )'to :r H t:Jr ~:1":;4~'' • • , . • ·:-""01<-C ', ,., = Z.o' o:cpr-EU..o~ 2~'~0 fL.Doe. ~~~EN~ 34-ZS" S ,''i:;f?OAPWA'/ "N01c11-\ ~ 5 c.' 50' ·----·-· I(ITCHf.tl &lo-r C ~l'f'COJ eo·~z.~· -eo•'-">!. t:.DOM. 21:>' / ~~ ' / / / / / ·' / / l)IIJIN 6 11'00"' (,4'1( Z.t4' ~} t...c:t:6 L "RooM ~f"·' {._,';: l.J£3.?'' ~51!>' / ~B~~~ =~K_\ ~~.,..~~ a'/'Z.I~ ~·,._-4 / ( 1-10 r <!OOKTI~t>) I _,__ )«<N\PIT ~II'N>C Foe. r=- ~"SfU:f ~ "4l1 ~.e ·,...t ~--'") :.~ I I -~ ~Ttl~ ... (~~t>) 1 ~<\-* ,,.. ~~Mc:NT -CDv.l,.Ct> ~ Otx> l"e.LLO~ ~ I . .. ...... I , • • .. LIQUOR LICENSE AUTHORITY MINUTES August 19, 1981 5 The meeting was called to order at 7:30 p.m. by Chairperson Donald Styes. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Donald Styes, Ronald Blanchard, Lloyd Bryan Ronald Lunders Frances Cosby Charlie Grimm, Assistant City Attorney Eric Johannisson, Revenue Chief Brenda Jarrett, Recording Secretary * * * MR. BRYAN MOVED, AND MR. BLANCHARD SECONDED, TO APPROVE THE MINUTES OF THE MEETING AND PUBLIC HEARING OF JULY 8, 1981. AYES : NAYS : The ~t ion carried. Don ald Styes, Ronald Blanchard, Lloyd Bryan Ronald Lunders None * • * The Authority received an app lication from the Liquor Barn, 4415 S. Broadway, Englewood, Colorado, for expansion and modification. Rudy Tisch, owner of the establishment, showed the drawings and blueprints of the proposed remodeling and answered questions posed by the Authority. MR. BRYAN MOVED, AND MR. BLANCHARD SECONDED, TO APPROVE THE EXPANSION AND MODIFICATION OF THE LIQUOR BARN, AS ILLUSTRATED BY MR. TISCH. AYES : HAY S: The motion carried. Donald Styes, Ronald Blanchard, Lloyd Bryan Ronald Lund ers None In li eu of a eting August 5, 1981, Mr. Jo hannisson polled th Authority by phone regarding the renewal and change of officer for the Liquor Barn . The change of officer involv d th resignation of Anita Tisch as an officer and director Tom Murra y's replacing her . Mr. Johannfsson informed the Board that the applicati on had b n s nt to the State of Colorado for approval • * • • I . - • August 19, 1981 page 2 - • • • The Authority received an application from St. Louis Catholic Church, 3301 So. Sherman Street, for a Special Events Permit for Beer, Wine and Liquor. The event is to be held October 25, 1981. Ronald Blanchard disqualified himself from considering the application be cau se he is a Member of the church. MR. BRYAN MOVED, AND MR. LUNDERS SECONDED, TO SCHEDULE A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL EVENTS PERMIT FOR ST. LOUIS CATHOLIC CHURCH FOR SEPTEMBER 23, 1981 AT 7:30 P.M. AYES: Donald Styes, Lloyd Bryan, Ronald Lunders NAYS: None ABSTAIN: Ronald Blanchard The motion carried. * * * Ther e being no further business to discuss, the meeting was adjourned at 7:50 p.m. /bj • I . • • • .. LIQUOR LICENSE AUTHORITY PUBLIC HEARING Encore, Inc. dba After the Fox 5450 South Broadway August 19, 1981 MR. BRYAN MOVED , AND MR . OLANCHARD SECONDED, TO OPEN A PUBLIC HEAR I NG TO CONSIDER SUSPENSION OR REVOCATION OF A LICENSE DUE TO A VIOLATION OF THE COLORADO BEER CODE BY ENCORE, INC. DBA AFTER THE FOX ON JUNE 10, 1981. AYES: NAYS : The mot ion carried. Donald Styes, Ron ald Blan chard, Lloyd Bryan, Ronald Lund ers None Th e public hearing was officially op ened at 8:00 p.m. by Chairperson Donald Styes. MEMBERS PRESENT : Donald S ~yes, Ronald Blanchard, Lloyd Brya n, Ronald Lund ers MEMBER S ASSENT : Fr ances Cosby AL SO PRE SE NT : Charlie Grimm, Assi stant City Attorney Eric Johannisson, Revenue Chief Brenda Jarrett, Recording Secretary Speaking for the defendent, Encore, I nc., we re Larry Duncan, 2747 s. Newark Ct., Aurora, Colorado and Kenneth Kershaw, 16813 East Nasau Drive, Aurora, Colorado. Mr . Duncan pr esented the following exhibits: 1. Letter dated June 16, 1981 addressed to Tinkler & Corwin from Encore, Inc. specify i ng terms and conditions for After the Fox, Incorporated 's continued use of Encore 's 3.2 Beer License. 2. Letter dated June 17, 1981 addressed to Tinkler and Corwin from Encore, Inc . requ i r i ng a reply to the above mentioned letter of June 16, 1981 . Also present were Detect i ve Da ve Mi ll er and Detective Tom Bock, both of the Engl ewo od Police Department. At the Board's request, Officer Bock restated the sequence of events which led to the citation of June 10, 1981 . He sa i d officers knocked on the door of After the Fox at approximately 12 :40 a.m . saying they had lost a wallet to gain entrance. At that ti , they observe d Ed Kirklin drinking a beer . Offi cers asked for the manager and subsequentl y issued the citation to John Romol • No parties were arrested . Det ective Miller t old the Authority no violations had occurred since Encor , Inc . had regain d con trol of t he establishment and th number of police calls ha d deer ased • • ) I • ' ' • Public Hearing Encore, Inc. August 19, 1981 Page 2 - • • .. MR. LUNOERS MOVED, AND MR. BRYAN SECONDED, TO CLOSE THE HEARING. AYES : NAYS: The mot ion carried. Donald Styes, Ronald Blanchard, Lloyd Bryan, Ronald Lunders Hone After considerinq the facts presented at the hearing, the Authority returned to offer its findings. Chairperson Styes requested a roll call. MEMBERS PRESENT: Donald Styes, Ronald Blanchard, lloyd Bryan Ronald Lunders MEMBERS A8SEHT: Frances Cosby Assistant City Attorney, Charlie Grimm, read the following: FINDINGS OF FACT On August 19, 1981 an open meeting of the City of Englewood liquor License Authority met to consider whether the 3.2 Beer license of Encore, Incorporated should be suspended for an alleged violation committed June 10, 1981. The following persons testified with respect to facts constituting the violation: Detective David C. Miller, Englewood Police Department Detectiv~ Th~s N. Bock, Englewood Police Department The following persons representing Encore, Incorporated were present and testified : Larry Duncan, 2747 S. Newark Ct ., Aurora, Colorado Kenneth Kershaw, 16 813 East Ha sau Dr i ve , Aurora , Colorado 1. The 3 .2 Beer License has been warded to Encore, Incorporated and thi s condition ex i sted on J une 9 and 10 . 1981 . 2. That Encore, Incorporated under a management/sales contract was se l l i ng the premised to a Hr . J ohn Romola who was operating under After the Fox , Incorporated and this also existed on June 9 and 10, 1981, where Mr . Romola was a de facto operator under the 3.2 Beer License pending the transfer approval from this Authority . 3 . That Mr . nnet h Kershaw, loyed by Encor , Incorporat d, was by the ~neg nt/sales contract th manager of After the Fox under Hr . R la 's op ration . • ) I . Publi c Hearing Enco re, Inc. Aug ust 19, 1981 Page 3 - • • - 4 . Mr. Kershaw called to the attention of Mr. Romola violations and Mr. Duncan offered to make copies of the Colorado State l iquor laws and regulation s available to Mr. Romola for his edification and following. 5. That Detectives Bock and Miller of the Englewood Police Department obse rved Mr. Ed Kirkland, an officer of After the Fox, Inc., consuming 3.2 beer after midnight on June 10, 1981 at approximat ely 0030 hours in violation of regulation 46-112-1 of the Colorado Beer Code. Detective Miller cited Mr. Romola and that action has n been refered t o Arapah oe County Cour t for disposition . 6. That at the pri or meetin g of t his l1quor Li cense Author ity on J uly l, 1981, pertainin9 to the transfer of the 3.2 beer license from Encor e, Inc. to to Mr. Romola dba After the Fo x , Hr . Kirkland, an officer of After the Fo~voluntarily admitted to consuming the 3 .2 beer in violation of the Colorado Bee r Code but claimed ignorance of that code. Hr . Romola volunteered that steps had then been taken to prevent a vio lation. (Reference minu tes of the open meeting of July 1, 1981.) 7. That on June 18, 1981, After the Fox, Inc. obtained a temporary restraining order to prevent Encore, Inc. and its members from entering the establ i shment and premises of After the Fox. 8 . That upon this liquor License Authority's den i al of the tran sfer to Mr. Romola of the 3.2 Beer License his interest and association term inated and the operation totally reverted to Encore, Inc. 9. Mr . Duncan and Mr . Kershaw do not have any members of Mr . Romola's After the Fox as employees at this ti CO NCLUSIONS 1. The refore, based upon th foregoing , the Englewood liquor Lic ense Authority makes the foll lng conclusions : a. That on J ne 9 and 10, 19 1 t r was a violation o Colorado Beer Code ~6-112,1 an d tat Mr . 1r~lan d 3 .2 ~eer after hours. b. i hat t 3.~ eer l'cers violation w s charg d DEC ISION S to Encor , Inc . and as sue the 1. That this Author1t th r or su p nd Encor , In . fr o r t on o its 3.2 B er Licens for fiv op ra 1onal y as n lty for this viol ion. 2. all d or ill ully c itted by Encor , Inc . nforced for a period of 180 days occur, it will be aut tically • I • • ( Public Hearing \ Encore, Inc. August 19, 1981 Page 4 - • • • MR. LUNDERS MOVED, AND MR. BLANCHARD SECONDED, TO ACCEPT THE FINDINGS OF FACT, CONCLUSIONS AND DECISIONS AS READ BY MR . GRIMM. AYES: NAYS: The .otion carried . Donald Styes, Ronald Blanchard, Lloyd Bryan, Ronald Lunders None MR. BLANCHARD fi«lVED, AND MR. BRYAN SECONDED, TO ADJOURN. AYES: NAYS: The MOtion carried. Donald Styes, Rona l d Blanchard, Lloyd Bryan Ronald Lunders Hone • • • ~-di- Recording Sec:: y /bj • I . . - • PRESENI': ~: OlliERS PRESENI': • • • OOARD OF CAREER SERVICE CXldMISSICNERS August 20 , 1981 MINUI'ES Jo Ellen 'furner , Ci.therine fukraka, Janet Kerzic, Robert Brundage , i))nald Weber None Richard Wanush, Assistant City Manager John Wing, E.P.B.A. President Tony Jeffers , E.F.F.A. President * * * * * * Ola.i.rman Weber called the meeting to order. O:mnissioner fukraka requested that the July 16, 1981 minutes to be wrended as follows: 'Sf3 Page 1, paragraph 3, the last sentence to be dropped fran the quote and placed as her own separate canrent rather than part of the Board's stated clarification. "Ccmn.i.ssioner fukraka further camented that that which was presented to the Board was indeed not evidence or testimxly, but rather case studies which re strictly reference material and utilized as such- which is thing tbe Board can 1 k up in the Library very easily by t hEm>elves." Omnissioner Brundage requ ted a cor tion of spelling of th on page 2 of the July 16, 1981 rninut rd" rd" With th abov mentioned corr tions, i er Brundage IIDved , seconded by Q:mnissioner fukraka to approve the July 16, 1981 minutes. AYES : 'fum r, fukraka, KP.rzic, Brundage, Weber !tan three on the E.P.B.A. President had nothing to p AYS : n It City four on t n t r had nothing to p * * * * * * iatioo Clloice. John Wing, Tony J ffers, E.F.F.A Pr ident ntative of the E.E.A. p nt . ****** City t.. Richard Wanush, • • • • • • • istant I • • - ( ( • • • Item five on the Agenda was the Ehployee Relations Clloice. Mel BeVirt, Ehployee Relations Director was not present. * * * * * Item six on the Agenda was the O:mnissioners' <lx>ice . 'lbe Board discussed the letter of response from Assistant City Attorney Holland concerning the Board's supplE!IBltal report of !!Dre particulars on their review of the unit detennination decision of the position of Police Sergeant and the transmittal letter from O:mni.ssioner Brundage relaying the specificities in that report. O:mni.ssioner Brundage requested that his follCA¥ing canoonts be made part of the record: "Well, I discussed that letter with Rick DeWitt. I ran into him out in the hall here one afternoon and I told him that we couldn't understand why, as the result of a consiliatory letter, one that was trying to bring peace in the family, the only response at that tine was a revised carplaint . Because apparently, we were doing scmething that by law we weren't supposed to be doing. I told him that as lay people, we weren't privy to all these legal nuances, gobbledygook, whatever you want to call tbem. And I told him that I thought that the Board was deserving at least an acknowledgenent or reply to that letter. And I felt that, and I didn't say this to him, but it has crossed my mind since then, that here again I think before that revised carpliant was filed that the City Attorney or the Assistant City Attorney should have cane to us and explained the legal !IIUluevers that seered to be brought about by that letter. We offered that letter in oc:rrplete innocence thinking that it might open up an avenue of camunication. And, it seEmed to me that it was a slap in the face to run out to the O:>urt and file an amended carplaint as a result of that 1 tt r, which, incidentally, was a trans- mittal letter conveying to them the ificiti , I.Wlich I gu s we call them, explaining th philosophi of t four rs of the Career Service Board in arriving at their decisioo in regards to t rgeants. And , I think it COJld ha handlro in a far licat !IIUlDer than the l'IIUUler in which Mr. Holland handled it. I pp iat his 1 tter that we have DCA¥ but I will y that I don' think would have had it if I hadn't urged them to at a.cknowl our 1 I nothing further to say." lbe career Servi position of Clerical t1oo Hearing for th ar ting of to Paul Kapaun, hearing. • • • • • • • -2- a 1 ter be sent iring him of the • I • • • • • • Item seven on the Agenda was Unscheduled Visitors Clx>ice. There were none present. * * • • • • Upon a IIDtion by Qmnissioner Turner, seconded by Qmnissioner Brtmdage, Cllai:ntllll Weber adjourned the August 20, 1981 regular DEeting of the Career Service Board . -3- • .• I . c ' • • • - SG MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING Aug ust 26, l 81 The regular meet1ng of the Englewood Ho•lS.Lng Author1ty Wd all..,d o o der by Chairman Thomas J . Burns at 5:15P.M. at the Simon Ccu er, 3331 s . Lincoln , En glewood, Colorado 80110 Roll Call Members Present: Thomas J. Burns, Chairman Bet y Be1er, Vice-Chairman Bev Bradshaw Members Absent: Others Present: The minutes of pprov 1. Th Pa Rev . Stan Fixt r Cindy Peterson None Frances Buck Jonas, Ex c ive Director Linda A. Knop1ns 1, Associ Le Hous1nq Coordinator Tom Chdn<Uer, Nelson-Roth of Color1:io , In .• dy Corporut.Lon 9 PLUS he r u r following ch , • 1 l w 1 cor, 1d 1 d fo 3 -7 p or r -2: ch nge $1 ,1 8 $1 ,175 Pag 4 -cond [ "McF ll" gra n, fir t 11 nc ch "McC 11" o BEV BRADSHAW OVED AU D IU;\'. FlX'l MAO AND TO ACCEPT Tit INUTE O.t' CORRECTED. TH 1'1 N CA H A MOTl AYE 1 NAY St ABS NTt , 8 F I D HAW, P'l n: , TWN TO 1\PP VE THt: HAN ES liN~ ~F JULY 29 , 1 81 AS I • - '-...J , • • • • Mrs . Jonas stated that Nelson-Roth and MAX Saul and Carl Fischer have suggested that at some t ime the Englewood Housing Authority might want to turn this seventh floor community area into market rate apartments. Mr. Burns asked about installing the duct work and the roof cap on the seventh floor . He asked if this would have to be a change order . Mr. Bieberly stated that these two items were not shown in the plans . Mr. Chandler s tated that 1t would be advisable to include these items . Discussion ensued regarding this matter. Mr. Dornbusch stated that the cost of putting the roof cap on the seventh floor for the future units would be approximately $200 .00 . Mr . Chandler asked about the resolution of the problem of the wire mesh slab reinforcement not being included in the nor h half of the floor slab . Mr. Fischer stated that he spoke with Jack Windsor from HUO about this problem and Mr. Windsor wan ed him to come up with a letter setting conditions of acceptance . Mr. Windsor suggested that Mr. Fischer talk to an independent engineer and get h is opinion, and to put some kind of warranty on it for 2 years . Discussion ensued. Mr. Chandler would like to know if this issue regarding the wire me sh is acceptable to the EHA since HUD maintain s that it is up to the Housing Authority and their consultant. Mr. Fischer stated that Jack Windsor a HUD suggested that one of the conditions be to put a two year warranty on the slab. If anything happens to the slab wi thin a two-year period, it will be replaced with no c ost to the owner. Mr. Chandler stated that if anything structur 1 happened to the building , it is Jerry Schlagel's responsib1lity as he is liabl for the structural design of the building . Mr. Burns asked who would issue the war an y. Mr . Fischer stated that Nelson-Roth wou ld issu the warran y. Mr . Burns asked wh some information th no problem w1 h the 4" slab as i Jack Windsor told him. Mr. Fischer s yet on wha should be don structural ngin er and g make a d c~a~on. Mr. Chandl r s ted hat 1 having a fir de ec or Mr. Chandler asked wha was Mr • Jonas stated tha ther was howev r, they were on each floor. right now, the annuncia or p n 1 Mr. Fischer st ted h t h fi relllf'n cou ld r what floor the floor to se The Fire o have the 1 to see fir was wha uni on, go to hat floor h fir w 8 in. Mr. Fischer discussed r st ed that he sees ~s just expressing what s no made dec~s~on as he wan s o talk to another th1s information h will then rsh 1 suggested for ach unit. tor panel for each unit; ha th way it is d sign d Cod he annunci tor panel to s by el vator, read the pan 1 on th • I • • ( .. Therefore , the Fire Departmen wan ed t>VCr}' could walk in on the firs t floor, look at in . Then the f iremen would go up he stairway Fischer stated that this is not compatible with in the Denver metro area. Discussion ensu~d. • • - 1 d so tha the firemen JCe what unit the f 1re was e care of the fire. Mr. bel.~og done in other buildings Mr. Chandler stated that he wrote a let tu: ~ r • .Jon c-_ n.-e~rang phones in the elevators. He stated that Mrs. onas '' d• t.o IIlcl e n ;q n nts with Mountain Bell to have phones installed i n the elevators a N. ls .• -<Ot• ~-not re sponsible for this. Mr. Chandler stated that a sleeve hus b cr. ~nst lJ.n~s through if the Housing Au tt.or~ty decJ.u spn.nkle r system . The cos for slu vine $6 to go at.~ d a d install. Mr. o.andl er s w re sorn items that ~o·t.r take11 ou t. a chang order on his would i em th"t was ag reed to be ti\ken out to tingen~y at a later date. bj• the Fire De partment. r. th wa 1 to run the i r rigat ... on r l.n tt.e future to put in a 11 Mts. Jonas told Mr. Chan dlPr signed ther, He stated Th back in on a con Mr. Bieberly stated that Mr. Dornbusch ~-d usr,halt paving. The actual cost of thi s w ul thi s heavy-duty asphalt paving wi 11 be fot on entr ••ce aro nd through the drop off for heavy bus s and other heavy vehicle~ lh~t Wl 1 come in o the north entr nee . Mr. Chand ler stated t at this w s an thtlr itPrt tt.at w s t en out, and put back i n on a cont1ngency. MOT!O REVEREND FTXTER MOVED, BETTY SEIE INCREAS THE THICKNESS OF THI:: ASP ALT P VI MOTION CARRIED AS FOLLOW S: AYES: Burns, B l. r, Brad h NAYS· Non ABSENT : None !lEV BRADS HAW MOVED AND CI NDY P~'IE FOR THE IRRIGATIO SYSTEM R TH O'riC>t AYES: Burns, Bel.er, Bradsh w, 1.xt r, P ·rson one hav N n that the ap ci 1.c h d to provi a m llow d o h ve t e the •P ca for this. with slightly dif er nt n installe since the original HAN E ORDER FOr OF $4 ,988. TH . APPROVE E SLEI:.'VING N CARRI ED AS FOLLOWS : ntral il boxes how d gains postal regul tio s. b cl y ta t>d th til , 9 r inq th1.s matter. A n r uired by th specs ~ 1 l v llable !rom th manuf c urer . Mr. Fisch 9• a rough estiaat o h ·osts o c:h or rs at his da e. H • I • • • • - stated that the change orders amount to $9,979.00 . Mr. Fischer stated that change order *2 was for $2 ,278 ; sill cocks we re added for $695; the asphalt was $4,988; phone jacks we re $1,568; the sprinkler sleeves were $650; whi ch totals $10,179.00. The contingency fund is $49,000. Mr. Bieberly showed samples of mailboxes and engraving for the mailboxes. Discussion ensued regarding the ma ilboxes. MOTION CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO APPROVE GOING AGAINST THE SPECIFICATIONS WHICH CALL FOR ENGRAVING THE MAILBOXES AND HAVING A PLASTIC SLOT AS THIS IS NOT POSSIBLE TO MANUFACTURE. THE MAILBOXES WILL HAVE NUMBERS ENGRAVED ON EACH INDIVIDUAL BOX. THE MOTI ON CARRIED AS FOLLOWS: AYES : Burns, Be ier, Bradshaw, Fixter, Peterson NAYS : None ABSENT: None Mr. Bieberly stated that per the specs the contractor was to supply a General Electric 2 1" free-standing range with a window in the oven door. The contracto r has since reported to Mr . Bieberly that G.E. does not make a 21" unit with a window in the front door of the range. Mr. Bieberly wants to know how important the wi ndow in the front d oor of the range is to the Englewood Housing Author! y Board. Mrs. Jonas stated that the Simon Center range s were G.E ., and did not have windows in the oven door. Discussion ensued regarding this matter. MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SEC OED THE MOTION TO UTILIZE GENERAL ELECTRIC'S 21" RANGE WITH NO OVEN DOOR WIN THE MOTION CARRIED AS FOLLOWS: AYES: Burns , Beier, Bradsh w, Fixt r, P terson NAYS: Non ABSENT: Non Mr . Bi b erly stated th th el ctr~cal contr ctor submitted a light fi xture schedul Ther are certain fixtur s that h h s proposed to use tha are no so stat d on the plans and specs. Mr. Chandler sugg st d submit ing his rna ter o Mr. Fischer for his opinion, as h h d b en authorized o make de 11 changes. Mr. Fischer stated tha he m inly of yrofo tha h with s ucco product. H drywall par ition , nd Wlll sued. yste • with ol ha he t'l nge- that he d r. h -s- Dryvit Syst m which consists d on the face with epoxy and cov red ill then b applied to a stand rd on the balconies. Di cussion en- ed 0 • • • .. . Bicberly stated that he checked on HUD requ1rem n s ~1th the Kansas Citt office oncerning securing shower rods. He sta ed tha they don' suggest securing shower r s because the grab bars are in the ub and th~ bra~ke s ~hat hold the shower rod are not going to hold if they are pulled loose from the pla tic rod. Mr. Chandler stated that a dr1p ledge was put around each floor on the e xterior. Mr . Chandler stated that when it rains and there is a flat surface, capillary action takes the water back along the under s1de of the led e. An 1ndentation is put abou 6" back on the ledge so that the water c an't go up and then back. Mr. Chandler sta ted that this will keep the water from running back agains the exterior wall. Th1s will also keep the water from running pas lhe exter1or wall in o the interior which would then flake off the ceiling paint. Mr. Chandler sta ed hat Nelson-Roth 1ncluded this on the ledge a no cost to the Housing Authority. M1. L oan dler stated that rev1s1ons have been made on the plans for the duplex units . These will be brought out next week. These revisions will then h ve to be signed by Nelson -Roth and the Englewood Housing Authority Chairman. Mr. Chandler stated ha it should be 21 to 30 days before these plans are processed. Discussion ens ued r e-garding this matter. . Bradshaw took a momen to present Mr s. Beier wi for serving on the Housing Au hori y Board. Mrs. B igh years and seven months. Ms. Bradsh w s tated nd the presentation of the pins on Monday night h a f1ve-year pin from he Ci ty i r ha s erv d on the Board for hat Mr . Beier was unable to t- t th Ci ty. Tom Chandler, Ken Be iberly, Rod Dornbusch an Loren Snyder and Ms. Bradshaw lef the meeting at 6:50 P.M. TI1ere was a short br ak for dinn r. Int corat1ng Plan. signer fro he offtce of Maxw 11 L. Saul nd n ssoc1ates, rked u a propos 1 for th bu1l 1ng nd in addition o lot of he rchitec ural interlot, s uch sin- and interior changes such s c oun rtops, fl ee ts, the n ryw ys of Orlqtn lly s leeted by the • 01 an Golden Glow it will communi y s nd furnishin 1n- o qi I • ( • • • - Ms. Smith stated that the green carpet was originally picked by Ken Bieberly and sent to her and she has since decided to use the green carpet and work her colors around it. Ms. Smith stated that the colors she had to pick from initially were far from desirable. These color carpets are what HUD allows the Housing Authority to work with. Mrs. Beier stated that she would like to see some alternatfve suggestions in color of carpet to the dark green. Ms. Smith s howed pictures of the type of chairs and couches to be u sed in the community spaces. She said that the furniture is manufactured by Thonet which spec ializes in manufacturing furniture for geriatric uses. Ms. Smith stated that this furniture is priced very economically, and the fabrics are very durable . She stated that there are no sharp edges on the furniture. Ms. Smith s tated that she chose a two-seater c ouch as it is easier to enter and egress. All of the chairs will have arms which is more functional. Ms. Smith discussed the furniture and colors for the fabri c. Ms . Smith suggested us ing wall hangings for the walls in the community areas to add to the room and color scheme. She passed around pictures of some wall hangings. Ms. Smith stated that the tables in the community room of the new building will be the same as the tables in the community room at the Simon Center. She stated that she suggests ordering about 25 tables; 1 0 would be foldable and the rest would not be foldable. Ms. Smith stated that a wheel chair could not fit underneath the standard folding table, wh ich is 29" high. The table would need to be 30" high in order for a wheelchair to function and have the arms go underneath the table. Ms. Smith recom- mended ordering such tables that are 30" high. She stated that the manufacturer will not make a folding table that comes up 30" high. Ms. Smith showed the office area on the drawings. She stated that the office is very small. There will be a 30" x 60 " desk which is the smallest available. Ms. Smith stated that there are fire con rol panels located in the office that hinders furniture placement. Ms. Smith stated that there is storage area in the office . There are also three doors in the small office. Ms. Smith recommended eliminating one door and make the storage area into more office area , which could be used as additional file space. Ms. Smith stated that this is a mat er that needs to be decided on and an official motion made. Ms. Smith discussed the chairs to be ordered for th community areas. Sh stated that they are very well constructed , durable and comfortable. These chairs don't have padding , however. Th Board f lt it would be better o have some of the chairs with padding. Ms. Smith s ated th sh will look into ord ring sam chairs with padding and so without. Ms. Smith discuss d s tated th t Mr s. Jon floors, ther n ds to is. M • Smith show d a individu 1 floor ~. wants. Sh It is also very reasona rchitec ur 1 le n nough money or 1 . wo through seven. . Smith s the elevator doors open on the individual a graph1c 1dcn i ication on ach floor as to what floor 1 raphic v1nyl w 11 fabric h t could b used on th erl th th camp ny th manufac ur s this w 11 sign on the fabric and will c us om design whatev r one s fabr1c s vinyl and wa hable, and will last a long ti • Smith s ated that this w 11 fabric is an auld orne out of he design budge if th r is Mr. Burns s ted h the decor in<J of h he pr c1 es all th new building. hough and work m th haa put into -7- • I • • • • • M .. Smith stated that she will send the Englewood HousLng Authority the other alternatives to green carpeting. The Board agreed that they approved of all Ms. Smith's furn~shings and decorating ideas, but they would like to see some alternatives to the green carpeting for the commo n areas. Ms. Smith sta ted that the carpet color needs to be decided upon soon as the color will a ·ffect every other decorating color scheme. She sta ed that she will readjust what she has picked to be compatible with he color of carpe that is decided upon. Ms. Smith stated that if different schemes are desired on each floor, she reco mmend ~ not going too much to the extreme. She s ated that w1th a seven-story building , her needs to be continuity and not necessarily have a different color on each floor. Ms. Smith stated that the Board ne ns to vote on having the vinyl wall fabri c if hey want it. She stated tha if the Board wan~s the vinyl covering, she will g t a bid on it to see how much it would cost . Ms. Smith stated that the flooring color and wall hangings then have to be decided upon. The furnishings should go out to bid fairly soon. Ms. Smith stated that the cos of all the furnishings , wall covering (which is an architectural item ), and h r fee is $42,000. Ms . Smith stated that the budget for decorating he new b uilding is $ 5 ,000. She stated that she will prepare all of the information and get it out to bid. Ms. Smith stated that in going with a design office, the Englewood Housing Authority gets a discount from 25% to 40 off of list price. Ms. Smith stated thut she can put the decorating items into packages so that the $25,000 is expended now nd furnish as much as possible. As the other money comes in, she can get bids on he other items needed for the building. Discussion ensued regarding this matter. Mrs . Jonas asked what arr angements had been made between the Tenant Council conc e rnin~ proce ds from Automatic Laundry for the washers and dryers in Simon Cen er. She asked i there was a breakdown that the Housing Authority would ge part of the proceeds and T nan Council would get part. Mrs. Jonas stated that h Housing Authority 's maintenance pPop l main ain th rooms and th Housing Authority pays for th water and heat , and h~ Tenant Council 1s getting th entire unt of proc eds. Mrs. Jonas stated t h at he was told by a resid nt of Simon Center, who was h former Assistant Manager , h t there w s an agreement originally th ther would b a spli between the Housing Au hority and th Tenant Council. Mrs. onas sta ed tha she has no seen anything ~.l wri inq pert ining to thi mat r. Mrs. Knopins i sta ed tha h1s amounts to about S 00. Mrs. Jonas stated that HUD will not all hts to happen on the n w building proce ds will go for m intaining the publlc housing unit. Mrs. Jonas sta ed .hat his will cr a e two sets of rules --one for th Simon c n e and one for the public housing unit --which may caus robl ms. Bo rd agre d th t having s p r te policies concerning th 1 undry proceed for ch build1ng was okay. s. Smi th st ted that th Englewood Housing Authority has a choic of white or almond on th color of the kitch n appli ces. Ms. Smith st ed tha he flooring 1n th kitch n is a beig color. • Smi h r commend d th t th p int on th walls be off-white. Th cupboards ar dium-tone wood. Hs. Smith r c d almond th color for th ppli ness. Discus ion ensu d reg rding the color o th l li ces. Smith state that th color of the ppliances n e d to be d c1 d upon in the v ry ne r futur It wa s cid d to h v a color and color o pplianc s. car 0 • o diseuse nd review al erne ives on 1 h vo wae tied wo o t o on e col r -8- • oore I • • • • • Ms. Smith showed a sample of the flooring that has been chosen by the Housing Authority. She stated that unless a change order is made on the color of the flooring, the Housing Authority will have to have the grade that has been chosen. Ms. Smith stated that she ha s requested from the suppliers of the flooring information on cost. The c ost of an upgrade is from $900 for one upgrade to $4,000 for another upgrade; this will consist of changing the flooring in every unit. Ms. Smith stated that today she found out from Mr. Bieberly that there is an accoustica l requirement in the k itchen that the f looring that was chosen meets, and she is not c ertain whether the other floor tile meets that requirement. Ms. Smith stated that from an aesthe tical and ma intenance point of view, this tile should be upgraded and changed. She stated that this tile that was c hosen is very thin and has grooves which presents a maintenance problem and is not durab le. Ms. Smith stated that if this tile can be changed, the Housing Authority has to decide whether or not to spend the money. Mr. Fischer stated that the accoustical reason for changing the tile is the impact noise t r ansferring through to another floor. Discussion ensued regarding this matter. Ms. Smith and Mr. Fischer left the meeting at 9:20 P.M. Section 8 Report. Mrs. Knopinski stated that the staff has written a letter to HUD reque s ting an ex- tension on the lea se-up schedule because it was to go from August through October and we didn't get the lease-up schedule until two days ago. She stated that the staf f also requested HUD to redistribute the units. Mrs. Knopinski stated that the Housing Authority is sending back some three and four bedroom units and e xchanging thPJm for two-bedroom units so we can ge them leased up. Rehab Report. Mrs. Knopinski stated that the HUD Monitoring Repor is in the Rehab Grants Polici s and Proc dur s Manu l. Mr. •• KnOI ·in~ki stated th t the taff consolidated the policies and procedur s f o r he gr program. Th e m nuals w re giv n to the Board at th beginning of the e inq toni h . Small Citi Mrs Jon s s tat d th t on Augus t 24 h, sh w n to Wash1ng on, D.C . o c n on the n w regul tions or th Sm 11 Ci i s CDBG Progr nee ssitated by substantial legisl tive c hang in the program. Mrs. Jon s sta ed th the changes that were p cifically done wer l. Instead of having two appli ions u h s pre-pplic t1on and full pplica- t1on, th re will 011ly be on application. 2. Thy h v flo using As 18 anc 1'1 (liAr) for 111all ci i s . 3. They re cuttln d 4. They h v folde Jn ogr m now and hav g1v n any r mon ey. I u s to b a 7 /2 spli c1 i s ov r 0,000 p ula o • • • • • received 75% of the money and small Cl.tH s got ~' of he money. No" the ,plit is that small cities will get 30\ of the m n y and en!:.1 lPment c~t1 s will get 70 . Hrs. Jonas stated that in the pas if a central ci y in an ·M'-A wa under 50,000 it was an entitlement city, and it no longer wlll be >ndi wil now be competing iS a small city . Hrs. Jonas stat<>d th • th biggest ch'lr.ge i h1 ·o ngress wants the money to be channeled through the _.tate~; 1nstea of omuq d rect ly o the mall cities hrough HUD. Congress ' mandate is Stat'S will hav the widest possible discretion on how they ar go1ng t< s~ nd th money and who will get it. Mrs. Jonas stated that this is o be donP in lJ • The fir~t of October is the l:'>e>ginning o f Fi cal Year 1982. Mrs. Jona stated th t at this li:IC, I! D is es imatinq that 35 States will take the money, an<.! C ed an ir.tcrest in ad- ministering the program. Mr~. Jonas stated that there wtll be n mot m~ i y h ns1vr>s. This year En glewood w?.s gn1ng to g 1n f r grant. Simon Center Report. Mrs. Knopinski stated that the s aff will t>eg1n ,,f' operations each mon th for Simon Cen er and S Knopinski s ated that his will 1nclude reven ancl e xpens wtll qo in to each line item; quarterly, 1t will l1st a year-a- budgeted, and the balance . This will also show how many un1t days v acant , how many new tenants per month , etc. Elevator Service Contract. en hP compre - compnhensive a swmnary lly. Mr s . This report wh at was Mrs. Jon s stated that the el vator serv1 c ntract for t 1 S1mon Cent r h as o en 1ncreas d o $4:.!.00 per mon h . Mr s. Jonas t ted ha Mr. Van mar checked with oUt 1 companies and his se ms to l tlte going t for rvl c on tac s. Mrs. H CINDY N E A'if. 1 'iS: IT: • r, r, -10- budy ted th t solutio11 RAT II• I • I • • • • Re verend Fixter asked if the Simon Center could get cable TV hooked up so the tenant could enjoy it in the community room. Mrs. Jonas will look into the price of cable TV and how to go about getting it. Mrs. Jonas stated that the Housing Author ity could suggest to the Tenant Council that they might look into getting cable TV for the building. Discussion ensued. NEW PROJECTS: Koza Property. Mrs. Jonas stated that Peggy Stoakes wa s to get bac k to her after she talked to Mr. Koza about a short-term lease, and she hasn't heard from her yet. Burt Property. Mrs. Jonas stated that Mrs. Romans, Assistant Director of Co mmun ity Development, talked to Nan cy Elkind, Attorney for the Burts, about getting a proposal so the Englewood Hou sing Author1ty can get a feasibility idea on the project. Mod Rehab. Mrs. Jonas stated that the Colorado Housing Finance Authority (CHFA) has said they had tentative approval on the application from HUD. CHFA has additional units so they have added Adams and Boulder Counties to the list of communities to be involved in Mod R hab. Mr s. Jonas stated that CHFA wants the Housing Authority to look at how mu ch administration fee we need to make it feasible and they gave us a schedule that showed the Housing Authority will not be involved that much in the rehab portion --they will hire their own rehab special- ist and inspector to do the work. The Englewood Housing Authority will be involved at the tenant eligibility level. Discussion ensued . Swedish Corona. Mrs. Jonas s tated that the Housing Authority got a package from Colorado Housing Finance Authority concerning th Swedith/Co rona Cooperative. Swedish/Corona has sent in their appl1 c tion, and CHFA is sending it out for A-95 review. Th1s was sent to the City of Englewood nd City Manager McCown sent it down f or Mrs . Jonas ' comments. Mrs. Jonas s ated that it would be located at the corner of Corona an Girard and will be 191 units of Section 8 New Construction; 39 of these units would be ss1sted with Sect1on 8, but CHFA would prov1de th entir fin ncing and he Lousing assistance payments. She stated that this building would be sev n stori s high, one nd t wo bedroom un its. Th e 39 units will be for 1 el rly and handicapped p ople. Mr s. Jonas stated that this is ning ha he p ople wil l no own the individual unit; they will uy Mrs. Jon s st ted tha his project is in the 1nit1al no c ompletion date yet. Mrs. Jon s st t d She sta ed th Mrs. Jonas s at Assistance Plan (H -11- span ible for man gement of this building. n contrac is very w 11 though out. nee wi h th City 's pprov d Hou ing • I • -• • • Director 's Choice Mrs. Jonas stated that the Housing Authority is considering qetting c. fe€' accountant for the Housing programs. She stated that the Assistant. Ci • ~\anager and the Ftnance Director both indicated that they agreed with yett i•1g a fee "lccountant. Mrs. Jonas stated that Denn is Spencer is the accountant th lluu;;ing Authority is interested in. She stated that it is important fot the EnglewooJ Houstng Authority to meet with Mr. Spencer as soon as possible abou making plans for the change-ov r of the Housing programs before the end of this fi~cal year. Discussion ensued. A special meeting will be set up. Regional NAHRO Con ference -Billings, Montana Mrs. Jonas stated hat he NAHRO Conference in Btlling earlier 1n Au ust ~as one of the best she has attended so fa r. She st'i ed th•L sh<> w s involved in an ali- day commissioners work shop which was very in erestirog. Mrs. Jonas stated that NAHRO has now added an add~t.ional Commissioner 's Co mmittee to he other four standing committees . She stated hat the state would be interested in knowing if any of the commissioners are interes ed in serving on this committee. Mrs. Jonas asked the commissioners to let her know at some potn if they are interes ed in serving on this committee. Discussion ensued re arding this matter . Commis sioners' Choice. Mr. Burns discussed some insurance issues that were discussed at the NAHRO Commissioner Conference h e attended in San Antonio, Texas , in July. Mr . Burns briefly discussed insurance pertaining to Commissioners' liab ili y. It was decided that the next regular meeting of the Enql wood Housing Authority wil l be held on September 23rd instead of September 30th as sevttr 1 of the Commissioners will not be able to attend on September 30th. Mrs. Jonas stated that the National NAHRO Conference is in Colorado Springs, Color do, in Oc ober, 1981. She stated that she will s nd he Bo rd informa ion on h is con- ference and asked th t nyone inter sted in a tend1ng would le her know. Mrs. B ier asked Mrs Jonas what Mr s . Romans found in h r notes rec rding the sprink ler sys em. Mr s. Jonas at ted tha the st ff found ou lha ],.fini t ly th former Fire Marshal, Lloyd Cox, h d gr d th the would not r quir spri1kler insid each unit if he building w a fully s ke d tee ed n<l prinkled in he h llways. Th r being nothing further to discuss, the m ing w ,, ourned a 10:10 p.m. _,.,_ • I • • • - • • • • • The Englewood Hou sing Authority Minutes of the regular meeting of August 26, 198 1 were officially approved by the Commissioners on Septembe r 23, 1981. Chairman Englewood Housing Authority ~;oL.~.fJ~ Executive Director Englewood Housing Authority • I • • • • • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD September 8, 1981 5 Chairman Howard Morar ie called the regular meeting of the Library Advisory Board to order at 7 :36 p.m . PRESENT: How ard Morarie, Bruce Hogue, Marietta Brown, Bob Cu rrie, Jerry Valdes (arrived at 7:41p.m .), Kay VanValkenburg, Dorothy Wheelehan ABSENT: Norm Kerswill, Joe Rathburn A.LSO PRESENT: Sharon Winkle , Director of Libraries Donna Gottberg, Recording Secretary Roll call wa s taken and a quorum wa s declared present . Chairman Morarie introduced the new Board member, Ms. Kay VanValkenburg. Ms. Van Valkenburg was appointed to com plete the unexpired term of Dalton L. Nordyke. therefore, her term expires February 1, 1983. Mr . Morarie then turned the meeting over to Ms. Winkle to review the long-range planning report. There was no opposition made to the suggestion by Ms . Winkle that the Goals, Guidelines and Policies be accepted as three separate documents . As a way of introduction, Ms . Winkle pointed out that this was a 5-year plan. The Goals were discussed first, wi h Ms . Winkle noting that the 4 goals were in priority order. Bob Currie moved, nd Bruce Hogue seconded that the Goals document be pproved as ~Titt n . Motion carr~ed. The Guidel1nes section w s then introduced . Som wording changes were made to the dr ft a means of cl rify1n c r ain portions. was the feeling of the Board that the City Council should review thi document for apprrural. Ms. Brown . moved, nd Mr . Valdc seconded that th Gutdelines be approved as amended below. Mot10n c rried. 1) Page 1, RESPONSIBILITY, first paragraph should read: "The end tesponsibility ... established policies recommended by the Library Advisory Board." (Elim- in te " nd approved by the C i y Council.") 2) P g 1, CRITfRIA FOR COLLECTlO DE LLOPMENT DECI IONS, 2nd P r gr ph, lis of d cision crit na : Ch nge "Cl r pre entation and visibility." to "C 1 e r pre sentation nd r d bi li ty.". continued ..... • I • • • • • -2- 3) Page 3, REQUESTS FOR RECONSIDERATION OF LIBRARY MATERIALS, last paragraph. Cha nge "Awareness of individual regarding the evaluation of the resource by qualified critics." to "Are you aware of judgments regarding the literary or scholarly merit of the resource? If not, would you like the Library Staff to supply you with such information?" Change "Alternate resources which would convey as valuable a picture and perspective of the subject treated." to "Can you recommend alternate resources wh ich you feel would convey as valuable a picture and per- spective of the subject treated?" 4) Page 4, first paragraph, add to the beginning of the first sentence: "In order to continue the process,". Change second sentence from "The Director will make every effort to reply .... " to "The Director will reply .... ". 5) Page 4, second paragraph, add to the beginning of the first sentence: "Individual". A motion wa s made by Mr. Morarie and seconded by Ms. Brown that the Policies section be tabled and discussed at the next meeting. Motion carried. A copy of a letter from E. Miller, President of the De nver Library Commission, to Mayor Otis, regarding the Denver Public Library (DPL) financial problem, was distributed to the Board . Sharon Winkle noted the upcoming Colorado Library Association (CLA) Conference in October in Co lorado Springs. Some members expressed a desire to attend. Ms. Winkle noted that the Central Colorado Library System (CCLS) will have a new Director, Gordon Barhydt, beginning in mid -Oc tober. Special thanks was given Bob Currie for the demonstration of his personal com- puter connec tion to the Pikes Peak Library in Colorado Springs, at his home on .A.ugust 18, 1981. Ms . Winkle noted that in the past the Library has allowed patrons to take magazines etc., after they were withdrawn from the collection. Unknown to her, they were som t1mes aved for certain individuals . .A. new procedu!e has now been dopt~wh reby such items will be displayed for free pick-up by any i ndividual. Chairm n Mor r~e highlighted the special m eting of the Board on September 1, 1981, for tho se who were unable to attend. Mr. Morar ie nnounced to the Board that he w1ll be running for Council in the ovember 1981 election. position on City Dorothy Wheelehan brought up a question bout th Winkle stated th t the s le was planned for early Book S le for the Library. ov ber th is ye r. con t i nued •.... • Ms. I • • • • • • -3- No special comment s were made on the Statistical Report for August, 1981. Bob Currie moved the mi nutes of the August 11, 1981 meeting be approved, seconded by Ms. Wheelehan. Motion carried. Ms. Wheelehan moved that the minutes of the special meeting of September 1, 1981 be approved, seconded by Ms . Van Yalkenburg. Motion carried. Meeting adjourned at 9 :30 p.m. 9-17 -81 dg • I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 9, 1981 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00P.M. by Chairman Judith B. Pierson. Members p resent : Pierson, Barbre, Carson, Draper , McBrayer, Senti Powers , Ex-officio Members absent: Becker, Tanguma, Allen Also pre sen t : Associate Planner Susan T . King Audience : Mr . and Mrs. Robert Bolton Mr . Biggi Mr. Jerry Ray Mrs. Donald L . R. Smith II . APPROVA L OF MINUTES. Chairman Pierson stated that the Minutes of July 21, 1981, were to be considered for approval . Carson moved : Barbre seconded: The Mi n u es of the July 21, 1981, me eting be approved as wri ten. AYES : Cars on, Draper, McBrayer, Pierson, Senti, Barbre NAYS : None ABSENT : Beck er, Tanguma, Allen The motion carried . III. SUBDIVISION CASE /17-91 Ms . Susan King, A.qociat Planner, gave the staff report . Ms . King introduc d Mr. nd Mrs. Robert Bolton, owners of the subje ct site, nnd !r. Biggi, engineer for the Boltons . The pro po sal is t divide the prop rty into three building sites, with th exi ting structure at 825 W s Quin cy Avenue remaining on the one buildin site; th other two sit es would b approxi- mat ly l/3 nd 1/4 acre in iz . The property is zoned R-1-A, Singl -family residenc , and h proposal will facilit te the cons rue ion of two sin le-amily hom e s. Ac ce s to th two in- terior lots would bv priv tely main ained c ul-de-sac ex- tending north fro H a · Quincy Avenu e . Ms . King s at d that condition h ch w pl c d on th app oval of he Preliminary Pl h ve b n m t h pplica s on this, t h f inal plat • I • • • • - -2- of the proposed subdivision, those conditions being as follows : 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 Utilities Department . 3 . The radius of the cul-de-sac has remained at the size in- dicated on the preliminary plat. 4 : Grading of the property has been approved as minimizing erosion of the City Ditch . 5. Plans for the private road have been approved by the Engineering Department. Mrs. Becker and Mr. Tanguma entered the meeting at 7:05 P.M . and took their places with the Commission. Ms. King stated that no negative comments regarding the final plat of the proposed subdivision have been received from other property owners, or from various utilities departments to whom it has been referred. Mr . McBrayer asked what work had been done on the site? Mr. Bolton stated that they have removed some old foundations, and were able to obtain some clean fill dirt, which they have brought onto the property. Mr. Biggi stated that they have tried to smooth the grade of the property so that the water will flow across the property. Mr . McBrayer stated that he felt Mr. and Mrs . Bolton should be aware that the Building Department and those in control of the City Ditch are attempting to prevent water from going into the Ditch; the City Ditch is not to serve as a "drainage" canal for runoff water. Mr. Bolton stated that the front half of the property would drain to Quincy Avenue, and they would not be draining the entire site to the Ditch . Mrs. Pierson asked if there were further comments or questions pertaining to the final plat of the Cottonwood Village Sub- division? She stated that she would entertain a motion to ap- prove the Final Plat and recommend it to City Council . Barbre moved : Tanguma seconded : 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 Th motion carried. • • I • • • • • -3- Mr. McBrayer noted that there were not too many areas in the City where new single-family homes could be constructed, and that it wa s nice to see efforts made to develo p these areas. IV. SIGN CODE REVISION CASE ft 9-81 Ms . Powers s tated that members of the Commission were sent copies of the proposed Sign Code. Ms . Powers stated that the intent of the staff is to give an over-view of the proposed changes at this meeting, and pres ent a proposed schedule of meetings for the Commiss ion's consideration. Ms . Powers stated that it is proposed to handle the consi deration of the Sign Code in much the same way as the Bic ycle Trail Sy stem was handled --a se ries of publ ic meetings spea rheaded by a member of the Comm ission prior to the Public Hearing and recommenda- tion to Cir y Council . Ms . Powers stated that she would hope the member s of the Planning Comm ission would atten d as many of these publ ic meetings as possible. Public meetings on the Sign Code are proposed at this time for Sept ember 22nd and on October 6th , with a Public Hearing tentatively scheduled for October 20th . Ms . Power s reviewed the reasons for the revision of the Sign Code, not ing that staff had kept a list of complaint s and problems experienced in working with the existing Code. Sign Codes from other cities were also reviewed . The present Sign Code wa s drafted in the early 1970's, and is bas ed on the DRCOG Model Si g n Code. Other ci ties which adopted the DRCOG Model Sign Co de have made major revisions in their c odes in the past 10 year s. No revi sions have been made in the Englewood Sign Code since it was adopted, and it does not necessarily reflect the values and goals of the community as they exist today. Ms. Powers stated that she had asked the City Attorney's office for an op inion regard i n g termination of signs that would become non- c onforming with the adoption of the new Sign Code. Tom Holland, Assistant City At orney, indicated in a writ ten opinion that termina tion can b requir d, but that it must be "reasonab le." Ms . Powe rs discussed som of the more per tinent changes, these being tha the nforceme t of th Sign Code will be t he responsi- bility of the Plannin Divi ion rather than of the Code Enforce- ment Division . Th Sign Code i 1 par of th Co mprehensive Zo ning Ordinance and i seem appropriate that th Pl nning Divi sion h v the enforc ment responsibill.ty. Mr. Harold Sti tt, Planning Assistant, will b a.signed the enforcement of the Sign Code . I . • • - -4- Ms. Powers stated that if the proposed Sign Code is adopte d, the existing Sign Code would be repealed . Summary sheets con- trasting what is permitted in the proposed Sign Co de and what is permitted in the ex is ting Code were discussed. Ms . Powers stated that in the existing Sign C0de each zone district was addressed separate ly, which l ed to a lot of repetition. Under the proposed Sign Code, signs permitted in all the residential zone di~tr icts are considered as one category, and signs per- mitted in al l the business and industria l zone districts are considered in a second category . The major changes are in the business and i ndustrial zone dis- tricts, and include the following : Height of s igns permitted has been lowered from the existing 32 feet to the proposed 20 foot limitation . The total number of signs allowed per business has also been changed; a business is presen tly allowed a maximum of five sign s --no matter the size of the lot on wh ich the business is located ; the proposed Sign Code would relate the maximum number of signs allowed to the street frontage of the individual business . The maximum area of signs is another area of change : the maximum area of sign s will again depend on the street frontage of the busines s. Mr . Tanguma asked about the car dealers wi th cars parked along the frontage of their lot with advertis i n g on each car; how would this be figured, and how would the signs be classified? Discussion ensued . Mrs . Becker suggested that perhaps these signs on the individual vehicles would be "temporary"? Ms. Powers stated that this would be consid r d further and would report back to the Commission. Ms . Powers stated tha t under the prop osed Sign Code, both faces of a sign would be counted toward the maximum sign area; the existing Sign Code states that just one face of a sign is counted . She pointed out that this will have considerable impact on the commercial strip areas. Ms . Powers noted that on Page 7 of the propos d Cod ~. §22 .7-5, Signs Prohibited in All Zone Districts, include sub-sec tion "m", which st tes: "S rings of light bulb s used in connection with commerci 1 premises for comm rcial purposes, oth r than traditional holiday decorations ." Sh st t ed that there ar questions that the strings of bulbs ar "sign", and the City Attorney's office has been requested to research this. Ms . Becker noted that at a couple of restaurant s in Littleton, the trees have tiny light bulbs strung through them , and while they re not a "sign", sh felt they w revery attractive. Dis cussion ensued. Ms . Pierson stated that perhaps some re s triction on the wattage of the bulbs us d could b included in the Code . Th prohibition of third-party ign s or billboards will also h ve n im p ac on th City . Ms . Pow rs c utioned t hat bill- be rds r con id r d differently from typic 1 signs; t h city m y b bl to limin t th r ction of n w billbo rds, but qu stion d th xiating billboard would h v o b removed . This i anoth r issu that th City A orn y' office ha b en requ st d arch . • I • • • • • -5- Mr. Tanguma asked about hand-lettered signs advertising garage sales which re tacked to utility poles --whether this would be prohibited under the Sign Code? Ms. Powers stated that this is proh ibited under the Litter section of the Weed and Litter Ordinance which is presently being considered by the City Council. Discuss ion of third-party signs ensued. Mr. Tanguma stated that he felt this could be too restrictive, and did not see anything wrong with permitting third-party signs; this re- striction could deprive individuals of a means of income. Mrs. Becker asked whether multi-colored buildings, which serve as an advertisemen t , would be permitted ? Ms. Powers stat ed that the staff had avoided the prohibition of wall graphics since they can be quite attractive. In checking with other communiti es, it was determined that Aspen is the one community which deals with wall graphics, and that they are encouraged in Aspen . This will be examined in more detail. Mr . Draper asked how the Sign Code would be enforced . Ms. Powers stated that i t would depend on the specific Ordinance that is approved . Ms. Powers stated that the intent is that a member of the Planning Division staff will be charged with the enforcement of the Sign Code. The s aff would work closely with the businesses affected by the ordinance to encourage compliance. Mr . Draper asked if the individual businesses were responsible for obtaining the proper permits, or whether the Sign Compani es are respon sible? Ms. Powers stated that the Sign Companies are pretty good now about obtaining the proper permits. She did note that there are a lot of signs along Broadway that were installed without permit s simp ly becau se the property owner/businessman and/or sign company may not have been aware at the time of in- stallation that permits were required. Signs that would not pointed out that the member s of the Polic Division . require permits were reviewed. Ms. Powers Crime Watch Ar a signs were requested by Departmen and the Traffic Engineering Ms . Beck r comment d ha she did n ot feel hat Hom e Occupation sign s soul b p rmitt don ground sins, he tated that she did not obj ct to 100 -qu re inch sign ffixed to the house, but that sh would obj ct to a ground sLgn posted in the yard wh ich adv r ised a hom occupation Mr . Tanguma inquired wh rd th • I . • • • -6- Ms. Powers stated that the proposed Sign Code also contains restrictions on the location and placemen of sig ns . The pro - po sed Sign Code defines the "signable area" or a structure , and restric ts the per(.entage of that signable area 1..rhich may be dev oted to signa e. Ms. Po1vers explained what the te rm "signable are~' refers to. Window signs may not cover more than 25i~ of the window area, and may not be j:'ermitted in windows above the first lo0r. Wall signs may not cover mo r e than 40% of the wall area. Mr. Tanguma asked if the s ta ff had considered t e e(.onom ic im- pact his proposed Sign Code would have on the businessmen in the City? H ta ed ar e feit the 1mpl .entA ion of his propos d Sign Cod ~ 'lld caus an increa~e in he prices because the busin s men,, to ra<'k profit, and this sign code would be cos ly o c ply~ t. lr. TAngumd stated that he more governmet tal rcgul tl ns that are p ced r. u~inessm en , the more mo~ y lt cos s Discuss1on nsu€d. Mr. Drape1 noted th t even though the ne signs ermitted in the propo sed Sign Code are smaller han those which are permit t d under the existin Sign Cod , they could cos mor o replace because of inf ti He asked ,::; P •,ers what sh envisioned as a r sult of the 1mplementation of the proposed Sign Code Ms. Powers stated signage; sh , ted structur s. Dl.scu sion en that t1ke pl larger o""fice or siz ot i that he f app ther code Ms. Pow rs oal i thereby 1·. T n urna no eo hctt any re evel opment down own ar 1 will prcb bly be th . , and they would no hav the number r ni ou l e t wouli re qui re. He stated t on ,.ould ~uk care o the n ed to improve Mr. Tanguma stated tha w le he fel i n c n tol, he did not wan ne n orc~d o ar a. no th go 1 o lo. business ; th pp arance of h co unity, and into the communi y. Ms . Powers then di en ed 'on-conformin Sign ec ion. If si n that is leg 1 under th exis in Cod would become non - c onforming und r th propos d S gn Code, he property owner- busin ssm n would h v hre y ars o bring that sign into con- fo rmanc . If ny o he following five rea ons occur, th sign mus b brou t nto conform n ee arlier th n h hree-year limit tion : 1. mor n 50~ of i s total e wha so ver, or b com s r ny applicabl ordinanc o nt th t th ai n b com • I • • • • -7- 2. Whenever the ownership of the property changes on which the Non-conforming Sign is located. 3. Whene ver there is a change in the leasee, ownership of the business or use to which the sign pertains. 4. Whenever there is a request made for a permit to change the sign . 5 . Whenever there is a request for a permit to make improve- ments to the exterior of the principal building . Ms . Powers noted that under the existing regulations, the only means of eliminating a non-conforming sign is if it was deter- mined to be "abandoned". This was quite an involved process, and it wa s difficult to prove "abandonment ." The signs that are prohibited in all zone districts and are illegal must be removed within 60 days of the effective date of the ordinance. In the event the property owner/businessman does not comply within the 60-day period, the City may cause the removal of the sign and bill the owner for the cost to re- move the sign, plus a penalty fee. Ms. Powers stated that signs that are determined to be hazardous and abandoned must be removed within 30 days following such declaration by the Department of Community Development. If the property owner /businessman does not remove such hazardous or abandoned sign within that time period, the City may cause such removal and may bill the property owner/businessman for the cost of removal plus a penalty fee. There is an appeal procedure written into the proposed Code, whereby such a property owner/busine ssman may appeal to the City Manager . The matter of a fee sch dule was discussed . It was noted that there is no fee schedule set forth in the pro posed Sign Code. It wa s suggested that charges made by other communities be checked . Mr . Tanguma ask d if there was a possibility that those individuals who have signs hat are illegal or prohibited under th propo d Si n Code ould be given a 60-day g race period to obtain a permit without fee if they would bring the sign into conformance? I w·s d t rmined tha this would be further inv s igat d by he staf . Ms. Pow r s ted that the next m ting sch du1 d fo r discussion of the propos d Sign Cod i Septemb r 22, 1981. She stated that Commissioner McBray r w s willing o ssist with these meetings on the Sign Cod much as he did o th Bicvcle Trails project. The staff has propo ed that them ting of Sep tember 22, 1981, be devoted to pr s n 1ng h propos d si~n code o members of the Downtown De vllopment Aut hority , th DBA, th Ch mb r of Comm rc , h B rd of Adju tm nt and App ala, nd form r Sign Cod Commi mb r . Th to th gen ra1 nd a public I • • • • • -8- Ms . Powers stated that she would like to receive comments on the proposed Sign Code back from the Commission members as soon as possible . Mr. McBrayer stated that he had some comments on the proposed Code, and noted that reference is made to "direct elec t rical wiring" in several places . He noted that there is a new type of sign that is coming out that is totally solar-powered. He suggest~d that this sign should be considered in the proposed Sign Code . Discussion on the solar-powered sign vs. the electrical ly- wired sign ensued . Mr. McBrayer noted that on Page 18 of the proposed Sign Code, reference is made to illumination that shall not exceed 25 watts per bulb; he noted that it does not restric t the number of bulbs that may be used , thereby not restricting the total amou nt of illumination . He suggested that perhaps "candlepower" restrictions should be written into this section. On Page 21 (2) of the proposed Sign Code, requiring t ermination of a Non-conforming Sign prior to the three year limitation "whenever the ownership of the property changes on which the Non-conforming Sign is located" --he asked how the staff would know when such property changed ownership? He suggested that the staff should have documents recorded on properties with non-conforming signs which would put new property owners on notice that they must bring the sign into conformance with the Sign Code upon purcha s e of the property. Mr. McBrayer questioned the definitions for arcade, plaza and mall signs . He noted that Cinderella City is an interior mall, and that there should not be different standards for plaza signs than there are for arcade and mall signs. For the public meetings on September 22 and October 6th, he suggested that the staff have slides of examples of each type of sign; examples of good signs and bad signs; of signs which would conform to the proposed Code, and signs which '"·ould not conform. He also suggested that there be overlay xplaining the changes in the proposed Code from the existing Code. He also suggested that a list of "hard r asons" for th revision of the Sign Code be d vis d befor these m ting , noting that it is difficult to ju tify sthetics as re son for th re- vision. Ms. Powers stated that about four months go, Mayor Otis re- c ived a 1 tt r from a Broadway businessm n compl ining about th signs on South Broadw y. Th DBA supported the com plaint ; th staff follow d up on th complaint, finding that there are a lot of violations in th downtown area on signs. Ms. Powers not d that Mr . Gordon Close, chairman of th DBA, is v ry sup- portiv of th ch ng th staff h a propos d. H is v ry con- cerned about "cle ning up" th comm rei 1/busin sa ar , and f ls that this is on st p in that dir ction. Hr. HcBr y r st t d th t h felt on of th big probl ms with th proposed r visions will be t rmin tion dat for non-conformin ai ns. • I • • -• • • -9- Ms. Powers asked members of the Commission for their impression of the propo sed Sign Code? Ms. Pierson stated that she likes the proposed Sign Code and would support the changes. Mrs. Becker stated that she also would support the changes as sug- gested in the proposed Sign Code. Mr. Senti stated that he felt this was about 10-years over-due, and would support it. Mr. Carson stated that he would like to consider the ramifications of the proposed revisions further. Mr . McBrayer stated that he felt the Commission and staff should realize that the proposed Sign Code , as written, is the "ultimate", and that compromises will have to be made. He stated that it is a good point to start from . V. HEARING PRO CEDURE RULES CASE //10-81 Ms. Powers stated that the proposed Bill for Ordinance on rules of procedure governing Hearings before the Planning Commission, Board of Adjustment and Appeals, Liquor Licensing Board and City Council, was submitted by City Attorney Rick DeWitt . Ms . Powers stated that the staff has gone over the proposed Bill for Ordinance , and has submitted some suggestions to Mr. DeWitt, including that hearings on "Conditional Uses" before the Planning Commission be added on Page 3. Also, in §1-7-4, that the time limitation be set at 35 days r ather than 30 days. The staff also asked that "Findings of Fact" be used in refe!"ence to the written reasons required. Ms. Powers pointed out that this proposed Bill for Ordinance is up-dating the procedures that are now in effect . Mr. Draper stated that there has been some question about whether the oath should be administered at some of the Hearings before the Commission . Ms. Powers stated that if it is a quasi-judicial hearing, the oath is administered; if it is an administrat ive hearing, the oath need not be administered . There were no further comments from the Commission regarding the proposed Bill for Ordinance. VI. PUBLIC FORUM . No member of th au dien ce indi cated Commission . VII. DIRECTOR'S CHOICE. de sire to address the Ms . Powers referred to map indicating reas where adult en- tert ainm n us s c ould loc e in the City based on the 500-foot rul ena c ed by h City Council. The Bookstore on South Santa F Dr iv would not b in violation of the ordinance; th Adult Cen er on Sou th Br oadway i in violation of th ordinanc be- cause i is withi 500 e of r sid ntial dis rict . The Adul t: C nt r on Sou h o dway w s giv n notic h t they ar non -confo n , and m rmina h ir busin ss at that lo-c tion by 'ov mb r 30, 1 8 , • I • • • • • • -10- Ms. Powers stated that the Colorado Springs litigation upheld the distance limi tations imposed on the adult entertainment uses; it did not, howeve r, uphold the termination of such uses within 120 days . She p ointed out that the Englewood Ordinance requi res termination of such non-conforming uses within 180 days, and does give the right of appeal to the Planning Commission for an extension of time up to two years. Ms . Powers stated that Prowswood is moving ahead with the con- struction of the marketing building on this site. A representa- tive of Prowswood had talk ed to Mrs . Romans in the past week to ."determine if the accessory commercial uses they had proposed could be located in a separate structure rather than within the high-rises . Thi s is permitted in the R-3 Zon e District. They are prepari ng a model to be used for marketing pu rpo ses. She noted that they will be bringing in plans for discussion . Mr. McBrayer noted that the name of the development has been changed from "The Lakes" to "Waterford ." He commented that he felt the construction on this site was "going slow on pur-pose." Ms . Powers reported on the proposed hotel in Cherry Hills Village . The developers of this hotel have asked for sewer service from the City of Englewood. They are proposing, in addition to the hotel, about 200 luxury condominium uni ts. Ms. Powers stated that she understood the proposal was presented to Cherry Hills Village offic ials, and that the reaction was favorable . Ms . Powers reported on the Downtown Plan. The members of EDDA would like to make a presentation of the Plan to the Planning Commission at a special meeting on September 15th, at 7 :00P.M . This would be to bring the Commission up-to-date on progress since the presentat ion on July 21st. A Public Hearing on the proposed plan before the Planning Commission is tentatively scheduled for October 13th. Mike Haviland, Executive Director of the EDDA, has scheduled public hearings on Septe mber 16th and 17th which are open to the general public; members of the Commission were urged to attend one of thes meetings, if possi- ble. Ms . Powers stated that the consultant and staff are in the process of working on a zon dis rict for the downtown area, which would be different than th existing B-1 and B-2 Zone Districts which the City has. It is hoped that it would be completed shortly so that the Commission can consider it. Ms. Powers stated that the Commission will b asked to consider am ndment of the Comprehensiv Pl n to includ the downtown plan at the Public Hearing tentativ ly schedul d for October 13th; th re will be a set of policies that would b presented to the Commission for their consideration b fore th H aring. Ms . Pow rs t ted that Mr. H vil nd is tt mpting to g t ev ry- on who would be ffect d by the implem ntation of th propos d pl n involv d in th public h ring th EDDA is holdin on S pt mb r 16th nd 17th . Th EDDA Board will act on th Plan b for it is presented to th Commi sion for th ir conaid r tion . • I • • • • • -11- Ms. Powers stated that further consideration of the Special Permit System has been put off for a while because of time constraints of the staff in working on the Sign Code, Zoning Ordinance revision, and the Downtown Plan . The proposed follow- up seminar for members of the Commission, Board of Adjustment and Housing Authority who could not attend the session on July lOth has been tentatively rescheduled for November lOth . The staff has done nothing further on the Permit System than con- sidering a possible area, and crystalizing the goals and standards. Ms. Powers stated that it would not become a part of the Compre- hensive Zoning Ord inance at this time, and there must be a number of meetings and Public Hearings before this would become a part of the Ordinance . Ms. Powers stated that the staff has completed work on the "us e variance" se c tion of the Comprehensive Zoning Ordinance, and are now working on revision of the administrative section of the Ordinance . A problem that has arisen is that when the Building Code was revised and adopted last year, the section pertaining to the Board of Appeals was eliminated. This issue has to be resolved before the administration section of th e Ord inance can be brought to the Planning and Zoning Commission . The staff is working with the City Attorney's office to rewrite the ap- propriate sections. Ms. Powers stated that the re is a conference on the Urban Pedestri a n, which will be held in Boulder October 12 and 13 ; if any member of the Commission is interes ed, please let the staff kn ow. Ms. Powers also noted that there is a conf renee on the Colorado Front Range on September 11th, and asked if there was a n y member of the Commission interested in attending. Ms. Powers presented Mrs. Pierson with a five-y ear award for her service on the Commission. VIII. COMMISSION'S CHOICE. Mrs. Pierson suggested th t th Commission hould write a letter of apprecia ion o Ms. Barbara Young, who recen ly retired from the D p rtm n of Community D velopment. h st ted th t she would draft such 1 tt r. had r cently st rt d his and ed I . - • • • • • -12- plus a $700 application fee to the Board of the Southeast Engle- wood Sanitation District. The Attorney for the Sanitation Dis- trict, Mr. Walter Irwin, demanded $20 cash to even fill out the permit. Mr. McBrayer noted that just to tap onto the sewer line will cost him over $2,100. The sewer line is only 6'2" deep in the street; he will have to install a $1,900 pumping system in the basement to pump the sewage from the basement level up to the le~el of the line. Mr. McBrayer stated that the Commission has, in the past, discussed means of encouraging rehabilitation of homes, and construc tion of new homes . He stated that in light o~ his recent experiences , he felt the fees charged should be reviewed to see if there is some way to reduce the cost of building ·a house in Englewood . Mr . Draper stated that the company installing Cable TV in back of his property had dislodged the electric service to his prop- erty, and that they had to have it repaired. He noted that they will attempt to get the Cable TV Company to reimburse them, but that citizens should be aware that some of the equipment the Company uses can cause this problem . Mr. Tanguma submitted a letter to Mayor Otis and members of the City Council explain i ng his delay in submitting a written re- port of his trip to Boston . He asked that this letter be for- warded to the Mayor and City Council. The meeting adjourned at 9 :3 0 P.M. • I • - • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : September 9 , 1981 SUBJECT : RECOMMENDA TION : Barbre moved : Tanguma 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 Zo ning Commission. • I • • • • • - Englewood Parks and Recreation Oommission Minutes of September 10 , 1981 The regular nrnthly meeting of the Englewood Parks and Recreation Coomis sioo was called to order at 5:10p.m. by Chairman , Jack Poole, in the In-service Trainmg Room in the Parks and Recreatic:n office. F Ma:rbers present: Poole , Howard, Bradshaw, Richards, Boardman, Roman s, ex officio l1eubers absent: Higday, Allen Also present : D:>ug Foe, Assistant Director, Parks and Recreation Dcp L Olai.rmsn Poole asked if there were any additicns or corrections to the minutes o f the meeting of August 13, 1981. There were none . I:Uring a diacuasion coocerning the renovation of Sinclair swim pool , it was re- , ·r ted that a bid of $5,000.00 had been made to replace the copper piping . The li" plastic pipe, if fo.nd to be in poor condition upon inspectioo, \oiOU.ld add ad Jitional $5,000 . City Mllnager M:~ approved a $5,000 .00 figure for the repairs, whi ch 1 out of the Recreatioo Divisioo budget. Director Famns !lBde a report en the approval of PUD zoning for t lf club'x>use by the Sheridan City Coulcil. Englewood City Counc il . Sheridal City Coo.xlcil and Planning Ccmnissicn rs for discussion o At later ting, the Planning Comniss ion a proved the PUD zen ... i.ch certAin ccnditicns to be net on the entran.!e of the cl~ discussion of changing the locatioo of the en ancc tu L ' clubhouse Ccmni.ssioner Bradshaw suggested that a letter of preciation 's ion t to Will Corbin and the Sheri City Colit 11 (ol' wderstanding in this matter, \olhich will and took hi t: up.xt f ormal L. Director rt.ed on the openin that opening occurred t end of esday &ld •'Cood nine en • to lp with day is probably C?W nin hol t.: ll occur n t. spr • I • • • • II· ~gl ewood Parks and Recreation Coomission Minutes of September 10, 1981 Page -2- A report en the ccmn.nity center was made by Director Rcmms. Arch ' teet:, B.too Wal<bm, Gary Diede and Bob Btuldage met to discuss sites for the proposed crom..:m.tv c enter . A feN of the areas being coosidered are the Denny Miller field .: ·oa , t"w H:;!idlM Gold property at Kalanath and Oxford, and the city parking lot and Yellow Fron·. lo Assistmt Director Foe slvwed a preliminary drawing of the Miller Fi ld si ~e in"i.:a ir a possible community center location . 1be possibility of a joint venture with EngleiNOO<i Parks and Recrea i on Wellness CEnter to form a cooperative CCXl1IU'Iit y center was discussed cussicn, it 1liU the general opi.nicn of the Ccmnission that because of pl differS'lCes ccncern:ing program fees , nenagsnent, etc. , that it would n \.l:'ldertaldng for the City . Director lUI&lS indicated that site locatials for a it: c • to locate c1.le to the scarcity of open land and cos of land . • Coamissia'ler Richards arrived and took her seat. Past Coomis s ioner Sel Hewitt and Mrs. Hewitt arrived . 8rld presented Sel with a plaque in apprecl.Ation for his mn to the Coomissicn . Ccmnissicn Cl'\ai.rtlal Poole also presented Coomissicn~r for her service to the si . The Ccmnissiooers di cussed the pos Parks and Recr ti.cn Ccmnissi.cn t.i: the t:ing t ...o..U.d r in at 5 :00 p.m. eoocerning security light at !Alne< , Director l<utll no pr ent to re r on next ting in Octo Oir tor yor Otis tat t rted t sit.a' M r t • I • • Erigl-ewood Parks and Recreation Comn.i.ssion Minutes of September 10, 1981 Page -3- • • • ~e recreati.cn progran fee :increases had been received with no a tion taken by City Cculcil . Ccmnissicner Richards :inquired as to the status of the Centmnial/BiCentennial ftnd. Coomissicaer Bradshaw reported that Grady Franklin Maples is not :in favor o · r eleas~ the ftnds . lklpeful.ly, SOOle of the directors will call for a neeting to force a vote en the release of the finds :in the very near future . Ccmni.ssicner Bradshaw reported that questions frcm citizens at the City Council meeting have been brought up concerning the dut ies of a City Fo rester for En g l~lOd. Director Romans explained some of the duties of a city forester, i.e :• to act as hor~ iculturist in the city greerilouse, draw up sprinkler system designs, etc. Ccmnis si ocr lh"lldahaw asked that a tDeiiX) be drCfloll up listing the duties, salary scale, etc , t r:-res t to the City Col.n:il and City Manager . Ccncerning a tree spraying progran, Carmi.ssioner Bradshaw r cannend tl t if , • ~ity forester is errployed, a program needs to be ilrplerrented to help citizen t rees. Director Rcmlns expla:ined a tree spraying program that 1 sponsored in the past, 1>tlere:in the City paid tree contractors 5<14 o ... L spr y co .. ts when ccntacted by citizens of Englewood . It wa s dl.ciU)vercd, I •vcr, taking part in this progran were already spraying their t r ees, not really helping the people needing assistance . Ccmnissicner Bradshaw asked that a list of t:h nan s and tdking part in the Workreation progran of thi. pa t &l.J 1. r City C'.culcil 90 that the Co\.rlcil might r ·>=<'""'L" c rtificate for their efforts . sicner lbward inquired bout t 1982 Parks budg t by the Servicent r for t e said that wruld check with Mr . 't ylor, Scrviccnt aid report at the next ting . • D to, of • ki I • • - • • • F.rilewood Parks and Recreation Ccmnission Minutes of Septenber 10, 1981 Page -4- • • • Coomi.sa:i.oner Howard also asked about trees for the new nine holes on the golf course . Director Ranans reported that there are sare funds for trees in the Capital Improvarent F\nl, and also $7,000 in the 1982 Golf Crurse Operation budget that is being presented to City Co\.n::il for approval. He also reported that a donation of $50 .00 for trees has been received through the ctwmer of Coomerce by John C. Crawford . The ueeting was adjourned at 7 :30p .m . • I . - • • • • • • MEMORANDUM TO: Andy McCown, City Manager J FROM: Sharon Winkle, Director of Libraries~ , UATE: September 28, 1981 SUBJECT: Director's Attendance at American Library Association Conference The 1981 American Library Association Conference wa s held June 26 through July 2 in San Francisco. Both Howard Morarie, Library Advisory Board Cha irman, and I attended. Some of ~lr. Morarie's comments regarding the Conference appear later in this report. In addition to attending the Conference I also attended a pre-conference seminar sponsored by the Library and Information Technology Association Information Science and Automation Section: "Data Processing Specifications and Contracting". The mo st valuab l e portions of th' pre-conference were broadly applicable to a wide range of library applications e.g., computer out put microfilm (CO~I), retrospective conversion of the collection inventory to machine-readable form, automated circulation control, and online public ca talogs . The pre-conference left me with the belief that it woul d be highly advisable t o employ the services of a consultant when planning and co ntract- ing for data processing solutions in areas where a multiplicity of al erna- tives exist in order to make the best possible decision. Following the pre-conference I was able to talk with vendor representatives regarding products and system which the library staff is currently exploring: COM products, automated circulation control systems, and library security systems. M ny of the conference programs of information and had as their European and Can di· n v1deotext tronic messaging systems, etc. del1very of libr ry ervices. programs, the mo t interesting l attended de lt with the electronic d l1v ry topics The Source, Compuserv, Chann 1 2000, systems , prototype videod1s ystems, ele~ These topics all r late to planning for futur I also attended various personnel m nagement of whtch de lt with the quallty of work llf . Howard Mor rie comments thr e reas: 1) Intelle 2) Feder 1 legisl ti on the publ~c libr ry. E that h is t i me at th Conference w s spent primarily 1n tual Freedom as i pert ins to the publ1c library, or publi librartes, and 3) Autom teJ ci rcul tton in erpts from h1 s r por follow: continued ..... I • • • • • Andy ~IcC own Page 2 • • • ''The Amer ican L~brary Assoc~ation Int~llectual Freedom Committee held numerous wor kshops on the ~~ ue of c~nsorship. I am glad to a dd that the Eng lewood Public Library dvJsor} Board has approved policy sta ements that suc cinctly and adequately address this pro blem . Congressman Brown-D. Calif., and Mr. Dick Hayes , U.S. De p t . of Educati.ou, were quit e informative as to th~ l ong-ra ng e federal invo lvement in the publtc library. Of immediat~ conc~>rn is the renewal of the Library Serv1ces anJ Co nstruct ion Act. Congressman Bro~o.n urged cha'lg in the ace of a tech- nological revolu ion. Hi House Bill 30137 seeks to enact regul.'ltory legis lat ion a libraries cope with the c hange rom ·~heir rero~~tory function" t o the "on-1 i n e c 1pa bll1t ies" tn accessi n g banks f tnfo atton. Of concern to uo: here .n Englewood is th i.mmed1ate rans1t1on o an "on-line' capability, and in the long tern, facing he ch•n e in miss1on of rhe Libr ry from that o f "coli e ct1on/reposi tory funct 10n" to "ac.:essing in forma io 1" fro various s ources. As you know, he Library Director nd Advisory lloard rcc0mmcnJed to you and the City Cound 1 h.tt " c•nter in o a cons r t i1w a vea r ago to be in "on-line c apability". \\'h1lt at the conf~r~nce it was quite apparent that any library, if it is o ~N·p abr~:t ·t of d~vel pme nt s in i nformation ect nology, mus deve lop i s onli•1e ca1ab!l1ty." • I • • - • • • • 5 H · TO: Andy McCown, City Manager FROM: Lloyd G . Cox , Acting Fire Chief DA TE : SU BJE CT : September 18, 198 1 International As soci ation of Fire Chiefs ' 1 08th Annual Conferenc e I recently attended the subject conf eren ce , held in St . Louis, Missouri , September 13-16 , 1981. Prior to the opening of the confere n ce , a se mi nar was presented on hiring and the promotional processes . Attached is an outline of the goals of this seminar. The information obtained in this seminar will be invaluable in the future for this department. The conferenc opened on Sunday afternoon with regi st rati on, opening ceremonies , and a brief overvie w of the entire confer- ence, its purpose and format. Beginning Monday, a main program was presented, focusing on such topics as automati c detection, standardizati on of fire hose screw threads, fire department re- sponse to hotel disasters , planning for the year s ahead and m ny other interes ing and informative topics . In additi on to the many workshops, an exhibition hall was v il- able with 330 booths showing new equipment and produc s being used in the fire service. Approximately 150 pieces of fire apparatus were vailable for inspection. I believe the infor- mation gathered will b of v lu in the near future when speci- fications are writ en for new appar tus . I h d the oppor unity to mix, mingle , participate nd, mo t of all , enrich my profession 1 dev e lopment. I thank you nd the City Council for llowing m the oppvrtunity to attend. Respectfully ubmit d, .;/~ ,.cJ Bx Lloyd G. Cox Acting fire Ch ie ms ene . I • - • • • • GOALS OF SEMINAR -Provide participants with basic information of Federal Regulations pertainin& to pro.otional aysteaa. -Introduce the concept of task analysis in reference to pro..atlonal syatea. -Review advantaaea and diaadvantaaea of currently acceptable pro.otional proceaaea. -Introduce different 1 pro.ational processes -Aaaea..ant Center -oral Ezaainationa -Job History Retina• -officer Candidate School -Ueina various proceasea in coabination -Hake participants aware of recent court decieiona reference to pro-tiona ·~ -Review what could be expected of the Fire Chief if he -re required to testify in court about the Departaent'a Pr~tional Proceaa. • I • • !. ORDINANCE NO. Series of 1981 • • - BY AUTHORITY 1fJ COUNCIL BILL NO . _7_5 ____ __ Introduced by Counc il Member FITZPATRICK AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPOR- TIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLEC- TION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 35, Series of 1980 , final ly adopted on October 6 , 1980, the City Council has cre ated Do wntow n Improvement Distr ict No . 1980-1, wi thin the City of Englewo od, fo r the purpose o f p a ying part of the cost of cons t r ucting a n d in- stalling a park i ng lot i n the 3400 block of South Li n coln St r ee t, and walk-through improvements at 3448/50 South Broadway to c o n n ect with the proposed park i ng lot, together with neces s ary inci dental costs, or for the re i mbur s em e nt o f cost s alread y i n curred : and WHEREA S , a lth o ug h the improveme nts a u thoriz e d by said Ordinance have not ye t b ee n co mp l et e d, the t otal cost of such improvements has been reliably asc erta i ned ; and WHEREA S, a n assessment r oll has bee n prepared and a s tateme n t s h o wi n g the total cost of the i mprovements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the amount of $675 •427 ·31 , of which amount the City of Englewood 219 559 -54 , . ~ 3 ' ~ will pay $ ' · "'·,-and the Englewood, Colorado, Downtown ,,- 6 )5 ~.54/)-, c Development Authority will pay $ 9 ,ooo .oo , ~eaving $ · to be assessed against the real property in the ~istrict, said amount including costs of inspection, collection and other incidentals and also including interest aa allow d by law; and -I - • I • • • • • ( WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land in the District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same is hereby approved and confirmed, and said apport i onment i s hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the pro- portions and amounts as set forth in the assessment roll, attached hereto as Exhibit A . Sect ion 2. Payment of Assessments. That the assess- menta shall be due and payable at the office of the Director of Finance of the City of Englewood, within thirty days after the final publ i cation of this Ordinance, without demand; prov i ded that all such assessments may, at the election o f the property owner, be paid i n i nstallments, with interest as hereinafter provided. Failure to pay the whole assessment with i n said per i od of thirty days shall be conclusively considered and held an election on the pa r t of all pe r sons i nterested, wh e th er u nd e r disab i lity or o t herwise, to pay i n s aid i ns t al l men ts . Such electio n shall b e co n c l usi ve ly held and con si d e r ed a s a waiver of any right to question the po wer or j u risd iction of the City of Englewood to c on struct the improve- men ts, the quality of the work, the regularity or sufficiency of the p roceed i n gs, or the validity or t h e correct n ess of the as- s e ssment s , or the vali d ity of t he lien thereof . In the e vent of such elec tion to pay in install- ment a, th e a ssessments shall be payabl e a t the offic of the County T r eaaur r of Arapahoe County, Color ado in t n (10) equal -2- • I • • • • • annual installments o f principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1982, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, with interest on the unpaid principal amount at the rate of 9.50t per annum, commencing on the date of publication of this ordinance by title following final passage, and payable each year at the time of paying in- stallments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when d u e shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1t) per month, or fraction of a month, unti l the date of tax sale, as prov i ded by law. At any time pr i or t o t he date of the tax sale, the o wn er may pay the amount of a l l u n pa i d installments with interest a t one per centum ( 1 t) per month, or fraction of a month, and al l penalties accrued and shall thereupon be restored to the ri g h t thereafter to pay in instal l men t s in the same manner as if d e fau l t had not been suffered . The o wn er of any property not i n d efaul t a s to any installment or payment may , at any time, pay the whole of the unpaid principal wi th accrued interest to the dat e of the n ex t assessment install men t payment date. Se c tion 4 . Discount o n P ayment o f Assessments. Pay- ments ma y be ma de to the Director of F inance at any time within thi rty days after the final publication of this Ordinance, and an allowance of five per centum (St) will be made on all payments mad e during such period, but not thereafter. The discount of St sh a ll apply to all such payments, whether the payment is the en t ire a mount of assessment due, or a part of the assessment. I mm e d iately after th expiration of such thirty day period, the assessme n ts shall be c rtified to the County T r easurer of Arapahoe County, Colorado, for collection, as provid d by law. -3- • I • • ,.. • • • Section 5. Assessment Lien. All assessments levied against the real property in the Di str i ct, together with all interest thereon and penalties for default in payment thereof , and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the District is hereafter div i ded or subdiv i ded i nto two or more such tracts or parcels, the Director of Finance, with the assis- tance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the trac t itself is subdivided into two or more such parcels, and to cert i fy the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the propertv specially ; ~ o£12.l.l ~ benefited, in the total amount of $ -359,86 7.77 , t ogether with the approximate amount of $38,932.23 on hand from the proceeds of the bond issue and not needed for the construction of the improve- ments, if any, will be i n an amount sufficient for the payment of the outstanding bonds previously issued for the District. Section 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 8. Emergency Provision. By reason of the fact that bonds for the District are now outstanding and that interest thereon will shortly become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for th immediate preservation of th public property, h alth, p ace and safety, it is her by • I • • • • • declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage a t 7:00 P.M. on Monday, September 14, 1981. Section 11. Publication and Effective Date. This Ordi- nance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by t he signature of the Mayor and the Director of Fi~a.nce, ex-officio City Clerk-Treasurer, and by the Certificate of Publicat i on. This ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. In t roduced, r ead in full , and pa s s e d on f i r st read ing on the 17th day o f Augus t , 198 1. Pub lished as a Bill for a n Ord i nance o n the 1 9th day of Augu st , 1981. Read by title and passed on fin al reading on the 5th day of Oc tober , 1981. Published by t i tle as Ordinance No . ______ , Seri es of 1981, on the 7th day of Octob e r, 1981. Eu gene L. Ot1s, Mayor Attest: e x of ficio City Clerk-Treasurer I, Gary R. Higb , ex officio City Clerk-Tr asurer of th Ci ty o f En glewood, Color do , hereby ce r tify t h at t h e bov and f ore g oing is a t r ue , ccurat n d c omp lete copy of the Ordin nc p s sed o n fin 1 r ding nd publish e d by title a Ordin nc No. _____ , Se r ies of 1981. -s- • .I I • UNA[ AIIU AOONI ~:, 1\111 H 4 30 on 1l L\-1.,\1\, 5 ."\lcunl 1~70U 1·:. \;.:-~"'t.J ,,.,,.:. 1-4 • • • :.uuuava:ttUN $40.000.00 :, l'l'<.'lft4t!C Ac.Jd. 3400 ~. uro~dwoy 1\un.u·.l, t.:•J tJOJ t ·1 -·----l-:....:.:.:.:...:.:.:._:~_:_:_:..:.---------~1-------~ ·. ·, (')• • l'romL•'lr ,,,.hl. H 18-ll :J U<Jwy 1?11 34 ~ 31 0~2 5-G not.otetin, Shoph.:rcJ ".)')? Oqc.Jcn !it., 1\pt. tiO'.i 1>•:-nv<.•r, CO tll')ll•l J')'/1 H 4 lfl Ofll '/, N l'n•.,lcr 1\thl. ln :: l'1~tl uank t>f O••n, r.xtJC J.,/.-t :;. UtJw~. 1::-2t of Ploronco 1\ Oo!ltor ~J. • 'l'ruot !lo~l C:>tiltc Ucpt 0 S I' 0 UOY. 5025 Uonvor, co 30217 1?11 34 4 00 011 IIO'ltJO , .111111 nm Robart '1..!1tt ::. l:o nr1nll nl•ul J,\L llclou, c o IIOJJJ Tr of l"n<l 1n !ill l/4 oC S& 1/4 oC 14-4-~a. oacc r.o Dcq nt ~ rt or.0 .70 CL N n : NP. cor of 11<1wy 1. llotiii•HJ~n, •,•h N 4\7 t·•t, Th I•: 11.!'• 1·'1.; ·:·h ~; 1\1 Pt; Th li 12 ~ l"t t.o Pt of DeC) • 5 6 In of I.ot Y, D1k S, Premier llrl4 lldj on N aido 3434-JG-30 S D4wy J!l1l H t, 00 012 !iolchtcr, Ll.~m.ln c. :I t4G~ S Pn~1~~ ~t, ,;"nvuc, <.;0 0022•1 II Tr ot 1ond ln SC l/4 of 34-4-GO CothcrDe<J .>t ~ Pt .,,,.ch is 307.70 l!t II ot tho intcrocf..!tion of 1:: 1"-no of C405 5 cJuy L ll J.~no uf E IIG .... dOI\1 ·rh E J.2a l·'tr 'l'h r; 53 k'tr Th 1~ 11/l 11 4 0~ 0~3 c.w l r.hL-,, .'\l e·: ~,_;·;.!. :J ~t:!T~.t:1 :-:t Ln•J1"":loLI, \.:0 ;;ouu 1?71 34 4 00 020 l•.nnccnc, n1ch"rd D )o1~h ~ Ud '.IY r:n•J louoU\1, co UOI 10 I'll l )ol . 4 00 OH •r,'\ylor , l.~vi.n 11. ct ol. JoiG') t;1 Ct.hrJ t:n•J l.CVOOLI, CO 10110 J.2S Ftr ~·h s 53 rt to 809 34~0-44-46 s Ddwy r. t n .~ rt ~( rol-Dc~c parcnl DcCJ '1 0 1·::. c & n5. 2 l't 11 or :> l/4 cor !:~~ ~·~-~-Ga; Tl\ C 125 Ft; ~h U ~·1.5 l"t; •,·h ,., l2:i ?t; Th ~ 57.5 l 't. t.o U<.:CJ Soc 34-4-GO 34S-l :; ndwy .. nc~ 2G3 Ft II ~ SO Ft t of S 1/4 Cor 5cc J4-4-G0r 'l'h II 12.2 Ft.1 7 11 t: 12'• rt.; Th S U.2 Ftl 'rh If 12:1 l't to r.c'l l, JG-~G'J :0: Udu~ II t.r.,ct. oJ. hnt.l ln tl l/ ~ of :; J./~ of !>II 1/4 oC Sl4 1/4 o! 5!: 1/4 of 34-4-C.U ooac o:J C.,_ at. a rt 200 . l't II ot in t or acct.~on or C lino of 'l Dduy ' II J.i nc of C IIOmt>4cn llvo : 'l'h II 10 Ct.: Th. C Ol t nt /ulCJ 125 I'Ll '.i'll 5 Ot. n\./111>') 30 rt.: 'l'h II Ot. ilt/lln<J 12~ r, \.0 t't OJ. UCCJ l4C.O :J U<Jwy E~tM; ,, It • $821.50 $ 7,726.78 $ 780.43 $ 870.79 s 9,449.94 $ 200.45 $ 3,539.37 I . ·,· . • ... • NAAAL 1\NU AD UR i'.~\ 1971 34 4 ~0 022 1·:n c1 \cwund Ou·..,uL<. • .wn IJ-.!11 J'\u t l11lr .t. cy J')l5 ~ !Jhc rm .. u • :_.t ~n~lcwuuu, ~~ aullO 1 ?71 l4 4 ~0 Ol l ;1c1·:; nnuy, t1"l.'l r •nt.~ r· ll3Q C l'loyd Av e ~nqlowoou, co 80110 • • .. • Lor:wn ilt a P t on 1: 1111'~ o( lh.l"-'Y 6o 1.-Hl 1'1 10 In U ul H luh .. ' u~ ,: ..... ,,,lh !ll /w .· ~h ·i n tJ lllJ t 't, JO In l,. t. 'ju ,; cJ ( ~\·1 l:\Jr "' :;1 : .J./•l o( ~~.~~ l•J; '1'h 1: l4!:.i Ft; 'J.'h ~ 4 ~ l't J. ln; Til \•1 l..l~ l·'t; 'J'h :; 41J l't '1. !n L~ Pt u[ Ucq 34-4-~U J4 ./U s. IJ<Iwy. llC"f'J 4.'\t " I'L 011 I! l i "'' o( Ctlwy " l~ij J ~t 1~ 11\ N oC W lin ~ o l ll;n;>dcn Av e, lxunq 133 l't 10 ln i~ • SO Ft t; of Sli Cor of S!: 1/4 of sec 34-4-68; Th c PAr 1:•> so U.l~npc.lon Avo 12~ Ft1 Th s S4 l"t lU ln; 'l'h \'1 1-t~ l't; 'l'h 1~ ~4 l·'t .10 J.u Lu th ••t H ./G-IU-30 S IJ<Iwy 1971 34 4 JO 024 A tract of land in sw 1/4 nf 5& Clayton, anrm.'l .Tc.,n a. 1/4 r>c:.c Jl:o; co ... .;at ,. Pt w.uch is LorC!lZO, H~J.ph !i . 'l'cn IR-1?/.lO !~t. N of l .. t: t :or o! j n Com !ihcr 1.,1.-.n nc IJ4m.tlt1cn Avo ~ 'ldwy, 3200 l'l Bovlc!"t Ave 1'h C Ll~ l~t ; 'J'h N ~'; r t ; T !• U Littloton, CO 3~123 125 rt; Th S 2~ Ft to Pl o! Dcq ex Rts/l~ay 34-4-63 1971 34 4 00 02 5 Andert, Philip C 349;) S Oc!\1)' ~n~lcvo ou, co OQllU f"r'J~lcr Cn, 't'hc cr::~lur, l:u...,in II !1ll~ 1/.! !l Cc.!Uj' ~'J10WOoU, CO UOll~ 1971 J4 4 00 027 Cry:slor Co, Tho . r/o Cryolcr, r.dwin II ~t4 VJ 1/?:; hth iJ r:w r lt:wou<l, cu no uo !~/l 34 4 30 OOb ro:: loy, 1• c !l Cherry llilla Dr CII'JlC\1004, co 00110 1!)71 34 4 30 00~ nonno, lluby II '!'homp ~on lo1ll S L1nc:oln f;t, 1\t•t Cn~lowood, co UOll O 1 3434 S Ochl)' a tract of land ~n s 1/2 of SW 1/~ of Sli l/4 of sc l/4 ot J4 Dc~c a~ Fol Dc9 a~ 11 rt on £ l~nc of S UUwy 47 P t W of I n tcrocc of E lino of UUwy 6 U l ine of Ave r Th runnln9 W 11 9 C l~no Ddwy 12 rt : Th c at nt An?lca 12S , l't; Th at Rl An q lca :; U r t ; Til ;>t !It An <J l c~ II ll ~ l"L to Oc'J l/4 of l4-4-60 Dc9 at a rt on t lu•c ot Ddwy 27 Ft u of lntcr~;cct of I: Uno of O<lwy 6 N hnc o! Jl;ooo<><Jcn Avo ; Th N 40 Pt ; Th I: U~ l"t1 Til S tO Ft1 Th w 12S rt to Pt of De9 34tt-" 5 Ddwy . -. Co,.. at HC Cor of llnm!>dcn • Ddwy1 ,. Th II 27 Ftr Til C 125 Pt ; Th S 27 , Pr r Th 11 \2~ ~t to rt of 009 )4-4-tU 34?0 S CUWl Zl 6 24 Prc~ior Ad4 . 3 401-07 s Lincoln/16 E. 21 ' 22 C•rArd Prcm •c r 1\uu 3411-lS S L1ncoln • $18,071.20 $ 1,916 .34 .J~-~J[J 2. I $26,335 .12 $ 266.30 $ 657.20 $ 599.16 $22,146.80 $ 9,960 .92 2. I • • • • ,- 1~71 34 4 '10 004 n- 1-'oxloy, ·~ ..:: ~0 ~ rrumicr 1\d<l l' 0 Dox 7000 HlJ-1?-lJ s Lincoln $ 9,802.27 ] )J \~ llan,,>,.h :n 1\v,, t::n"luwood, c.:o oouo -· 1!1"11 34 4 00 OJ3 DC<J 1n l't l ! . 102.7 l·'t N uf Sl~ Stool, ~131tor I. :. 1\;>cy ~'C.:> I.' of St: 1/41 'rh II )0 l'tl ·rh ~o: ' Jt Ten £ Ooi~drun<4:u.cn, l2S Ft !-1/1. to 1·1 lino of Lincoln llrnold £ Judah 1., ..It ~t; ·rh s 50 Ft; ·rh w 125 lt t ~1/1. $ 821.50 'J'cn 1/2 Tnt f:,., to !ICC) H-4-f.a 2?21 6 Onwning St 343~-40 S Lincoln Enq1owoo<l, co !10110 ' 1!171 )4 4 00 013 Beq 191 Ft C 6 J 3 2. 1 l't N of sw CnCJlowood Do••ntolin ocv Cor ot :;tl 1/4 ot 51! 1/4 liCe 34-4- /luthor.ity 6U; '.l'aa t; i.!J l ·'t: 'l'h N 50 1-'t: Th ' 3S35 s ShorJ'I\.:an sc w l~:i 1 .. ~: 'l'h s !:IU l-'C ttl l.k:V f:n'llO!<OOd co 00110 . 1!171 H 3 17 0~0 _•~ " ~ I:J\1'000 1\(J(J Ficdo1miln, Stuilrt " Roof47 " J40S 5 Ddwy ' nopnor, no:slyn s 16 $ 1,464.62 . 3515 5 llillcro<~t or Ftof Dcnvor, co 01)7.37 40 . 1!17~ l1 J 17 Ql? . · Fricclmoln, Gortrudo 44 " 1 r:nwood 1\dd 1201 -lOth St 45 JUS-17 s Ddwy $ 6,838.53 .. Denver, co 80202 1!171 H 3 17 010 42 " 1 Cn1100d 1\dd .. Odd ro11(1:·1!> li1Cig 6 Inv Co 43 3421-25-27 s Ddwy ':; Jlll!.i !i CJwy $40,000.00 J;n'J' lowuc.x!, co 00110 : 1!171 H 3 17 01 '1 40 '-1 Lr.liOoU 1\dd : O'Drcc:ht, l\4ry C 6 Drilno-41 3431-35 s Ddwy IC'lclt, Frc<l (• G11nhild F $10,657.84 r-· . .,vi ll, :l.llio lino 1\ ,. o r.ux 1 (, I : l~~r:;c1.·, co 30134 .. .. 1 ?'11 Jf, 3 17 OlG 38 '· ..... $ 2,064.39 Cryalor Co, Tho l!l 1 . !:nwood .lld<l ... c/o Cry,lor, l:dwln II , H37-Jli-J9lj-41 Ji . Ddwy , .. . : -~~~~e!~S -~wy80ll0 .. -. . . 1~71 34 3 17 IllS ~7 ' noboh•, ~ono~d 11 ' :\uthCt H. 6', -... a, Jt Ten .• w.l.<lo . 1 r.n••ood 1\dd ·--$ ?.DUO S Cront ~t 344!i s J)(lwy 7,562.57 . r:n olcuood CO ~0110 1!)'11 l4 J 17 OH ~~ ~ enwoo<l 1\dd .. '' I 1•\tCJ illt, ll~1<1rctl t: 1 ' ,. ' .. !)40 :> Clnyton \:.l:t 3449-SS S 114wy $ 8,748.18 ·. J . Oonvor , co .00209 . . . .,. I 1?7\. l4 3 17 013 32- 1.00!1, ucnry ' r..>rn II, H 1 Cnwood 1\dtl Jl Tt'n 34~'1-61-63 !l ll<l"Y $12,167 .44 . c/o llo:.o neal J.:at,HI.I Co .. , 020 -17th !ll. Oonvoc, co 80~0 2 . ' ., ' .. ' . :·. •: I : ; . ._, .. ··,·;'.: I • ' '-._• . .. .. .. I * ~ ..'\,I .. ... I ,. .. ~--.. • • • - • • y r-· HAMt ANU AOO.[!h .... -· WIIUOVISION I.~H 34 J n 011 ll l~nwnc.u.l 1\<.ltl $17,674.09 1-'ual:.huc, .Jerry L.1.7!o l4U '/ ~; ll<lwy l5!.1l l.ln:Hn<J /\uco1·~, co uuou 1971 34 J 11 011 ~9' 1 Cm•oO<J 1\<.1<.1 ., llolth<lu3, n:arbolr.:l -~i'-!l!:h.m)Q J473 s lldwy $21,131.31 c/'> Nielsen lnv Co 34Hl S 1\COIII<l St r.n lc_~lnoti <:() :I I) l l4 l l1 010 27' l .Cnwood 1\d<l tlcin:>toin, Leo II ' .c v lO 34a3-35-87 s llclwy 1950 II 32n<l llvo $ 9,703.01 Dollvor, co OOlll 1971 34 l 17 009 E SO' 1 Enwood Add 110inatoin, Leo II ' 1: v :lS" 349:0/99 S llclvy $13,122.88 1 9SO If 32n<l llvu 26 l-~ W lloi,...U<.:n ounvur, 1:0 UOdl .un 34 l l7 008 li 4S' l F.nwood 1\dd 14 '"'/''' ?.I'"' .r.!llJ; I'l\triein t\ " 2~' 7-9-11 W II....,.Scn -$17.586. 34 J .4UI)I l~l01.:"' ";r:JC'[ S, Jt l6 . ':';:t . 9 11 lla•f><lon 1\vo I:D'Jle1'~. co 00110 \ I I ' ··.· :-. u• '• • 1,; ' '\_., I • • ... ' • • • • • ,,.... II UI\M.I. 1\1~11 AUL1W l:.,';. '"' Ill··~~ ,IIIIUIV(ol\•14 l'J"/1 H ~ 2) 0(J '/ Ill • /' \.J ui .tC, lra 1., /kc.:'d ~ ll ·I r..-•. m .. •·t· lid <I $ 1,109.56 l ;o~, 1'-•t l., " \•/ J I'J.t/f,l.J ;.; U.h ·1y l '/ ,,, l:>L f.J ..& t J n.11 1 i ~ dld•J 0 ·~11\oi..'C • <.:u ~0~0~ ~CIJ'/ Ul I IJ(> 00~ ~~ . • L:l t 't,;h :; ,,dd '" . . u.t•y Ul:; llo1lhl)d(•n 1'1 \l z."l 1\:;:.a.u ..:. l 'i (., J 'JJ•I J l .t n ..:uJ.n c/o t,J.ncoln t:tr 1/ ~ v .. h.: •• ll.,y 1\uj ~')5 -ll6 t:h llvu Nt;, $ 3,302.11 :;llti.U ~01 Oc.llcvuo, \ill ~uoo~ 20'17 OJ 1 06 013 40-2 Uil'Chs i\dd to s ll<I•Y llts $ 1,170.13 ll~m~clon 1'1.,aa h a:.;oc . 43 ~ 3~3 5 ::; ::ihor~Mn c/o L1nculu ('CI\lc.'l' tn Vwc .1llcy 1\uJ !iS!i -llGth AVI.! 1-H :, Sui to 201 Ou llevuo, ~/A ~8004 2077 I)) I 06 007 12 £ 2 01rch" 11<1<1 to s Od•Y lltD $ 585.07 ll<lnf, John D 13 ' 3~60 5 Lincoln 3560 s Lincoln St 1/2 Vac alley 1\dj r.n<J l cwood, co 00110 2077 03 1 o,; 00~ Beq at 0 Pt 2'/.59 i't 1: of ~li Cor Buchler rro?ortioa, Inc. of Lot 16 : Th E alq N Uno lOS.Al 3500 s Llncoln Ct Fts Th s 62.70 Pt : Th N~Jly 122.65 $ 585 .07 t:n9l0 ()()<), 1 • .'0 0 0110 l't to 1'011, lllk 2 ll irchll 11<1 1 to s . ll<lwy ll t :J -3~00 s 1..1ncoln >t ' ., .. ·-.. " . .. ., ... -' ' : I . I • • I '· .. . .. '· . . • • 'I / '· \ \. '. :' · ... I . ,,\ ·.·, ,' ~ • I " ~ • I I . ' I' ' ,, ... :f •" • NAML: AND AOLIHC~ 1n1 H 4 UO 01 4 sn~ll, \•l i J !,u·d /\, Jr . Uppor Un :•r C~:~o:ul< t:;vcry1.·ccn, t..:u U04 J~ 207'1 0 l 1 07 02~ \·loo<Json-llolnu:l Entcc- [>rl.:JC~, Inc P n nn x 01'1 UullccJ St.:Jlcs Steel & C.!CI\Ct.J i(J l ~l.!ll:J lVIl l·'uuU I' () uox 'j')~'J' .,. ,\ Ucnvcr, co UO~l7 2077 03 1 06 0)2 :;hupo, llt>bcrt A 1520 York Denver, CO 80206 2077 03 l 07 021 Sh:~ttuc l :, C1audo D 427~ :; Do1oll~ro S t l.:•l (I1CI10od, CO 00110 2077 03 l 07 001 Su !'i m.ln, Al l'lll t.arir:ttn.· S t U'!O\'O l' 1 t..:.() :10 2 02 }07 7 QJ l 07 OOJ l '~nca·, ll lt:>=t J )1)2-1 :; I:IJ'Jy Cr.Q 1c vootl, CO 0 0110 ~07 7 Ol 1 0 7 00 4 l' i noc, Ill beet J 3 ~24 !i D4V'J L:n91owood, CO 00110 207 7 OJ 1 07 0 0 ~ r~n c r, 111 bor t J J!:il l\ ::i Cth::t l.:n<J 1C t:o u d, CO 0 0110 207 7 Ol 1 0 7 010 l'iuer , 111 borl J 352~ 5 D<luy ~n91c vo od , CO 001 10 • • • ~I.ILIUIVI~IUN \1 l/4! u f 'J't o f lyu<l IJOtiC" ;m, l h''J 376 P t c ~ Jl2 .7 P t Not s~ ~ar of SH 1/~ or 9C 1/~ Sec J~-~-~UI ·rh c 2J4. a n : 'J 'h " 50 l·'t; 'l 'h ~~ 2U4 .d 1•t ; 'l 'h ~5 0 Pt to UOJ a: 62 1/~ P. ··~ 1/2 1\<l<l to S 1'/ .. 1 Oirehu sw l/~ sw 1/4 ~c l/4 sec 31-4-~0; 'l'h N :l !/1 ."/ l .. t; '!'h \·I 14.1 1·'\:.; 'J.'h [4 J(, L·'t; 't'h \1 14.!~ I·'L; '1'h !.J JJ"/,'/ l't; 'l 'h C :l6L l•'t to lle<J 34-1-I>U 125 c IIAmpdcn 44-IIi I' Chen 1\dd to 5 Jdwy lltn 50 ' 100 E llt~mpdon 1/2 VAC IIlley lid) 1•1 62 l/2 ~·t of li 17 t"t of f7 ' If 62 1/2 l't of 40-50. Dlk 1, Dircl\!1 i\dd 1:0 S Od\1)' Uto 1 '· 1 Oirch:> llud to S. O:lwy lltu 2 ' 3500 s ll<lwy 3 ~ 1 Oi rchcn 1\<ld to S :ldwy llt:J u l~· )510.-12 s Od>l)' o f 4 5 ' 1 . D•rchco 1\d<l to !i ~wy ll t :J s 10' J~U S DUwy of 4 .. -H•• .o 6 l Uircha Md to s DJwy lito 1~ ' 1 IIHC h :J 1\<l u tO S I) lito 16 l!".~O :; Udwy • t>. $ 4,653.70 $ 552.62 $ ~.227.92 $ 7,002.52 $ 3,485.97 $ 552.62 $ • 651.60 $ 439.90 $ . 384 .91 $ 1,198 .20 $ 54 9.88 I • • I ' : .. . : I . -.' • NNAl AND A(JOR(~~ 2077 03 l O'l 0 ''> L 1.n cn·, 1\lbc ct .1 JlJJI\ S [}tiW / ~ngluwoo d , CO UO ll~ 2077 03 l 07 023 L·'incr, 1\lbcrt J J~:ltl !.i Otlwy ~nglo~ood, CO UOllO 2077 OJ l 07 009 !iw.lnftan UlUq Cu J..t:.il u.:anno\,!k :;t Uunvur, co UOJ04 • • • UcrJ N\1 ..:uc l.ot 7; 'fh 1.: to Nl : t:u r L O L 1; 't.'h :.; ').! 1.'l : 't'h \'I (I ll. J l't; Th ~U to l'l J.IJ.J ft S ot J•UU; '.a.'h N to U..:cr Uul n•T a Por ot L.u :.:u ·1-10 'l'O'J \<LLh S U l"t W L 10 • .>ll LOt tl, llll. l olLn.:h<>" 1\<l<.l to S IJ<Jwy tits J!i~4 !:i Udwy 35- u Olrchca /\dtl to ::; Jlt.lwy lit:; 12-Birch!l 1\dd to S Ddwy llta 14 t :x Lht.tL p .ul :o olcJ lO C.llY uC '·"'1 lcwo~l J:...:.,u .. ~,4 :; U.Jwy COIMI ilt il Pt SO Ft t/ i 25 Ft S of 2077 03 2 00 021 l·;n{t lowood Sav 1 OCJO 1\G:ln ' LoanNL: Cor of N~ l/4 Nl·/ l/4 Sec 3; )SOl S D<lwy Englewood, CO 80110 1971 l~ 4 00 OlS !lrilnnb::!ry, nobort 11. " Uolt:J J, .Jt 7en lS /OJ II 1'/cdqo 11.>:t :1orr~oon, CO M046S 'l'h S 117 Pt ; Th W l2S t'to Th N 117 Ft ; 'rh ~: IJS Ft t.o ncq • 1/J vac 1\lluy 1\d j on w 3-~-60 3501 s Ddwy c 1/2 of " Tr o f land Beg 376 Ft ll ' 332.7 I't N of !:1'1 Cor ol! 51'1 l/4 of sc 1/4 Sec 34-4-68; Th E . 284.8 Ft1 Th U SO Ft 1 •rh 11 2H4.0 F t 1 Tb s so Ft to Oo<J, ex ncl:o . JUl-47 s ~ncoln . ,. • $ 1,611.86 . $ 274.94 $ 5,922.99 $ 1,369.05 $ 549 .88 I • • • ORDINANCE NO. Series of 1981 • • • BY AUTHORITY 111 COUNCIL BILL NO. _7_5 ____ __ Introduced by Council Member FITZPATRICK AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPOR- TIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLEC- TION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 35, Series of 1980, finally adopted on October 6, 1980, the City Council has created Downtown Improvement District No. 1980-1, within the City of Englewood, for the purpose of paying part of the cost of constructing and in- stalling a parking lot in the 3400 block of South Lincoln Street, and walk-through improvements at 3448/50 South Broadway to connect with the proposed parking lot, together with necessary in~idental costs, or for the reimbursement of costs already incurred: and WHEREAS, although the improvements authorized by said Ordinance have not yet been completed, the total cost of such improve~nts has been reliably ascertained: and WHEREAS, an assessment roll has been prepared and a state~ent showing the total cost of the improve-ents has been duly filed with the City Council: and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvement is the AIIOUnt of $ 675 • 427 ·31 , of which amount the City of Englewood will pay $ 219 •55 9.5 4 , and the Englewood, Colorado, Downtown Developm nt Authority will pay $ 96,000 .00 , leaving $ 359 .867 .77 to be assessed against the r al property in the !strict, said amount including costs of inspection, coil ction and oth r incid ntals and also including int rest s llow d by law: and -1- • I • r ' • • • • WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land in the District, in accordance with the benefits to be derived by said property and in the proport i ons and amounts severally set forth in Exhibit A attached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. I Confirmation of Assessment Roll. That the whole cost and apportionment of the same is hereby approved and confirmed, and said apportionment is hereby de cl ared to be in accordance with the special benefits which the property in the District will receive by reason of the constr u ction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the Distr ict in the pre- portions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, with lr. thi ~:ty days after the final publication of this Ordinance, wi thout dema nd; prov ided that all such assessments may, at the election of the property owner, be paid in installments, with interes t as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively consider~d and held an election on the part of all persons interested, whether under disability or otherwise, to pay in said installments. Such election shall be conclus vely reld and considered as a waiver of any right to questi o n th power or jurisdiction of the City of Englewood to construct the improv - m nts, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the c:orrecc n as of the as- sessments, or th validity of the lien thereof. In he vent of such election to pay in install- ments, the assessments shall b payabl at the offic of the County Treasur r of Arapahoe County, Colorado in ten (10) equal -2- • I • • • - annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1982, and the remainder of said installment s shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, with interest on the unpaid principal amount at the rate of 9.50\ per annum, commencing on the date of publication of this ordinance by title following final passage, and payable each year at the time of paying in- stallments of assessments. Section 3. Penalty for Default or Non -Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum ( lt) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of a ll unpa i d installments with interest at one per centum (1\) per month, o r fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in inst al lments i n the same manner as if default had not been suffered. The o wner of any property not in default as to any install~~~ent or payment mil y , at any ti111e, pay the who l e of the unpaid principal with accrued in terest to the date of the ne x t assessment installmen t payment date. Section 4 . Discount on Payment of Assessments. menta may be made to the Director of Finance at any time thirty days after the final publication of this Ordinance, Pay- within and an allowance of five per centum ( 5') w 11 be 111ade on all payments made during such period, but not thereafter. The discount of 5 sh a ll apply to all such payments, whether the payment is the entire amount of assessment due , or a part of the assessment. Immediately after the expiration of such thi r ty d a y period, the a ssessments shall be certified to the County Treasurer of Arapah~e County, Colorado, for collection, as provid d by l~w. -3- • I • - :Jtl ' '• • • • Section 5. Assessment Lien. All assessments levied against the real property in the District, together with all interest thereon and penal ties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included with i n the District is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assis- tance of the Director of Public Worlt.s, is ·hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited, in the total amount of $ 359,867.77 , together with the approximate amount of $38,932.23 on hand from the proceeds or the bond issue and not needed for the construction of the improve- •ents, if any, will be in an amount sufficient for the payment of the outstanding bonds previously issued for the District. Section 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being th intention that the various provisions hereof are severable. Section B. Emergency Provision. By reason of th fact that bonds for the District are now outstanding ar.d that interest thereon will shortly b com due and payable, funds must be mad available from ass saments at the earliest possibl date for payment of such int rest, nd for th immediat pres rvation of the public prop rty, h alth, p ac and afety, it ia hereby -4- • I • • • • declared that an emergency exists and that this Ordinance shal l take effect upon i ts final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Sect i on 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7:00 -P.M. on Monday, September 14, 1981. Section 11. Publication and Effective Date. This Ordi- nance, after its final passage, shall be numbered and recorded , and the adoption and publication shall be authenticate(! by th e signature of the Mayor and the Director of Fi~a,nce, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. Th i s ordinance shall take effect immediately upon final passage an d shall be published wi thin seven days thereof. I ntroduced, r ead i n full , and passed o n fir st reading o n the 17th day o f August, 1981. Pub lishe d as a Bill f o r a n Or dinance on the 19th day of Au gust, 1981. Read by t itle and passed o n final readin g on t he 5th day of Octob er , 1981. Published by title as Ordinance No. ______ , Series of 1981, on the 7th day of October, 1981 . Attest: Eugene L. Ot~s, Mayor ex offic~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl wood, Colorado, hereby certify that the above and foregoing ia a true, ccurate nd complet copy of the Ordinance passed on final r ading nd publish d by title as Ordin nc No. _____ , S riea of 1981. Gary R. Higbee -s- • • • UNAl N IU AOOM\ ~~ 1~71 3~ ~ 30 0~1 a)L\-I.JI\1 5.'llc.:um 1~7UU ~. l:~.~n~ A~v . 1-4 • • • :, l'l'C'It.&.•:r At.Jd. 34UO ~. Uro~dWAY $40,000.00 1\urur.,, l:U d0tJI ·1 ,-,----------+---~~--------------------------------~~----------------~ ,·. ' .. I \ 1911 J1 4 31 0~2 5-G :; J•roNulr ,\(jd. llotota ln, Shoph.lr<l -Jt)l) OgcJcn !it., Apt. viJ', l>,~nvc.•r. CO Uf12l•J 3418-U :; ll<lwy l!H1 H 4 11) 1)1)1 "1, H re·c • ... icr "''''· 1 n:: tl"tl Uttnk ,t O.•n, r:xr.1c l~:'lt of Ploronco 1\ Dootcr ~I.' •rruot Roill l::otato UO!>t 0 I' 0 UOT. 5025 s HL1 :i. UtJwy . Oonvor, co 30217 1911 34 4 00 011 II0'11JO, .\'II llln111 Rol>ort '1.!1U !i. l:on,lnll nlwl J ,U:l)l!l.On, (~0 fiOI4eJ Tr ot 1onu 1n !ill l/4 or SE l/4 o~ 14-~-~a. Occc: ~a Dc:q nt ~ Pt lfoO. 70 fl N ,: NP. Cor of llclwy 1, lloHtt !M.!t'!n. ·,•h H 47 t-•t, Th t•; l:l.~t l·'r.: ·;·h !; ll7 •··t; 'th 1'1 12 ~; rt. tn Pt of 009 " S 6 In of J.ot 8, Dlk 5, Promicr 1\cld 1\d ) on H aido 3434-lG-33 S Ddwy 1~71 l4 t, 00 012 !i.:achtcc, LiUt.ln c. a J.lGij !:: l,nt'l-lt" :;t, 1;c,.nvur, t;O UO.ll•' II Tr of lAn<l ln S!: 1/~ of 34-4-60 CothcrDO') ilL o Pe >Jhu:h ill 307.70 l't tl ot tho 1nturncction of 1:: l.1.no of C40~ 5 CJIJ}' ~ II 11no ut E liA"'I'<IOJlJ l 'l/ l '11 •I 0~ 0~~ c .... , r.hl~, ,1\\c :: :,,.:·;.! :J :...L :!·t .!~t:a :":t Ln•Jl..:·.::.o<l, <.:.:> uOllo 1?71 34 4 00 020 l'l)nc:eno, nlel\ord 0 l4f~h :t Ud'JY I:II•JIC\IOVU, CO 001\0 Hll H 1 00 02J. •rt,ylor , f...cl,J.Ln l', et ol l<lGll II 1!<1\rJ Cnylcwoo<l, CO 80110 'rh C 12~ l:'et 'l'h N Sl Yt1 Th li 125 Ft 1 ~·h S !>3 Pt t.O 809 3410-44-46 s Davy !: t n. ~ l't <'( f'o1-Dooe porct>l Dc9 -.o n. c ~ Jn.2 ~·t 11 or :.; 1/4 cor !;'=!c :,ol-1.-Gal Th & 12S Pt; ~h U ~)1.5 Pt; '•'h 1J 12:i Pt.; Th & S7.S l:'t La UuQ Sac: 34-4-GO .. 345• !i Delwy ... nc9 2Gl Ft 11 ' 50 Ft c at s l/4 cor sec J~-4-681 Tl\ u 12.2 l't1 7h C 12•, rt : '1"1\ S 12.2 l't1 Tl\ If 12:> l"t to r. •. ., l.., JG-~G II :; Ud\/~ 1\ troc:t oi lon<l in H l/J ot s &/l of toll 11• oC 514 l/4 of !iC 1/4 ot H-4-liO llOOC 110 COIMI Ot o Pt 200 , l't tl o intoraoct•on of C Uno of !l Odwy a. II .l i no of C UoiJif>dcn Avo · ·r11 11 lO CL : ·rh. c ot nt tu1 9 us 1"<1 Th ~ Ot IIL/1\n<J 30 l"t l 'I'll II At il~/llniJ 12:. I'• LO l't OL IIC:9 l4GO :; ll<lwy 1-M I ,;-11 • $821.50 $ 7,726.78 $ 780.43 $ 870.79 $ 9,449.94 $ 200.45 $ 3,539.37 • • ·. .. . • NMU. ANU AOOR £.!.\ 1971 J~ 4 JO 022 1:au1 \cwr•0'-1 L>o...,uLCJWII IJ ...:v J\u l hllc .Ll:y J')J'i !I !..hcrm.1u :_);c. ~nql~wuuU, ~~ aUllQ 1?71 14 4 ~0 0~1 ar.tU nnuy, rw,· \f •o o r· ~130 C Ployd Av o ~nqlowood, CO 80110 1971 34 4 JO 024 Clayton. :-JQrm.'\ .lc.'ln • torc:lao~ t~lllh s. ·ron J n COfll 3200 H DoWlen Avo Littloton, ~~ 0~123 1971 34 4 00 02S Andert, Philip c 3493 s D<llt)' ~n~lc~u. co 0~11u C:r'f:llor Cn, Tho c:r ·::>lur, ~ell• in II 1 •1 3, 1/.! !l C<.!Uj' ~'JlOwood, CO ~0 11~ 1971 3 4 4 00 027 Cryolor Co, Tho • r/o Cryolor, r.clwln II 4l'J l/1 G ltdu:t l!n•Jlc.;wouct, CV 0 0 li 0 l~/1 3 4 4 30 0~~ ro:c loy, ~ c !> Cherry !Iilla Or Cn9lO\fOOcl, CO 00110 1?1\ )4 4 30 00~ nonno, 1\uby II 'fhOII\t)~on 1411. G LJncol.n nt., "l't cnvloWOOd, co UOllO 1 • • • t..:or:.hl "t ~ Jlt on 1: \ '"'! U1 lnJwy • l',tJ l't 10 IH U ul fl luh.• o'" ,: •. .a..,,,lh 'h /w .~ ah.' i "'J J :u l't. JO 1 n lof " ~v ,; 'Jt' :,.\·1 ..:or IJ( :.;1 : l./•1 Ol S\J~ l~; '''h J : lJ ~ 1-'L ; 'l 'h ~ 4~ l'l ~ ln 1 'l'h ,., l.t!:, 1-'t; •rh s 4!1 l't. J. !n ~., l't uf lk><J H-4-uU J4 '/U II. lldwy. llC"'l .:.t ,, f'l 01\ r: ll "" or C.lwy " 1~n Pt 10 ln N oC Jof lin~ o l ll.>'.l!'d c n Av o>, lxHnq 133 l't 10 ln N • SO Ft ~ of sw Cor of s~ 1/4 of Soc:: l4-4-ii8: Th C Par ~·> SO Jl,;uapc.Jon J\vo 12~ Ft1 Th S :i4 Ft 10 ln ; 't'h \'1 14'~ l't: 'fh lof !.14 l·'t .10 iu Lu Jh ••t H'IG-'/U-30 li lklwy A tr~c::t of land in SW l/4 nf SE l/4 no ::c "" co-at " rt w.aic::l\ ia '/0-l!I/JO l't N of Nl: c:or of !'ihcr J.c1tln nr IJAta(Hlcn 1\vo &. !ldwy. 'l'h C l.t~ l~t; 1'1\ N l'i Ft; T :t U 125 Ft: Th S 25 Ft to Pl o! Bog Cx Rts/l~ay 34-4-63 3404 s Dduy ,\ tract of land in S l/2 ot Slf l/4 of Sli l/4 of sc 1/4 of 34-4-6 Uooc:: 0:1 Fol Uoq at a Pt on E line ot S Udwy G7 Pt W of Intoraoo or E lino ot llclwy • :1 Uno of AVOI Th runninq H alg C 1ino Ddwy 12 Ft: Tl\ C Gt Rt Anglos 125 , F t: Th at Rt Anqlos ~ 12 rt: Th ;>t !\t 1\n')IO~ II 1~5 l't to DO'J p;>rt 1/4 of sc 1/4 of 34-4- " t a Pt on c line of lldwy 27 Ft U of lntercoct of c 1ino of llclwy ' ' N line of 11.>11\PUon Avo 1 Tl, N 4 0 Ft: Th C 12~ Ft: Th S 40 Ft; Th K 125 Ft ·tO Pt of Deq . . . 3414•" s lldwy . -· Co-~t tiC Cor of ltAm!'don ' Ddwy1 1• 'l'h II 27 Ft: Th C 125 Pt : Th S 27 . F~1 Th 11 \H l't to Pt of 009 l4-4-LU 34?0 G Ddwy , ' 24 S Pre~ or Add 1l ' 22 3401•07 s ~incoln/16 E. Ct rar<l Prona 1o r Ad<l l411-1S s Lincoln • 2. $18,071.20 s 1,916.34 $26,335 .12 s 266.30 $ 657.20 $ 599 .16 $22,146.80 s 9,960.92 I . • • • ,.-. 1~71 J4 4 "10 004 n - • J;'oxloy, ~~ <: lO 5 l'rumicr Add l' 0 Dox 7000 H l "/-l~-33 5 .Linculn $ 9,802 .27 :J )J \'i Jl.::an,,),,h.:n 1\Vt.l t::n"luwuocl, co 00110 - 1971 34 4 00 OJJ Boy \91 l't t : • 102 .7 l 't N of :>1~ Stool, ~/.>1tor L ~ 11.>ry t'CoL' of St: l/4: 'rh II ;o 1~t, ·rh t: I Jt Ton ' noi!ldrunq!licn, 125 Ft !VL to 1·1 line of Lincoln Arnold '.Jud&th L, ..It St; 'fh 5 50 FtJ Th W 12~ <'t ti/L $ 821.50 'J'on !/2 Tnt r::.~ to Dcq H-~-r~a 2921 S Onwninq St l439-40 s Lincoln Cnqlowood , co 30110 ,U7l 34 4 00 Oll Deq 191 Ft 1: " 332.7 Vt N of SW Cnqlowoed Downtown Dcv Cor of :;t/ l/4 ot 51l 1/4 soc 34-4- huthor.l.ty 60: '1'h L; .1..!~ t•t: '!'h N 50 ~tJ Th . 3535 S Shorm.>u St w ll!i l"t: '!'h £ !iU t'L ~I) Lk>\1 F.n<JlCI#OOd co UOllO ~~~~Q~~.1 ~t~~t" ~~~ ' l t:n1.a<>d 11<1a Raaf47 ' 3405 S Ddwy ' nopnor, 1\a!llyn s 16 $ 1,464 .62 , 351~ 5 llillcro~t Dr Pt of Denver co 01)7.37 40 . ~:rq. 3• 3 J.< UJ.~ . · L'r !a~. Gertrude 44 ' 1 CnWOOd J\dd 1201-lOth St 45 3415•17 s Ddwy $ 6,838 .53 .. Denver, co 80202 H7l 34 3 17 010 42 ' l Cni"IOO<l 1\dd . Cl-.Jd rollC,•I!J Bldg 6 Inv Co 43 3421-25-27 s Ddlol)' . :•: J.,l!.i !i CJwy $40,000.00 . 1;w; lowuc.xl, co 00110 l9il J.l 3 17 01'1 40 •. l Lr.~<oad 1\dd o• Precht, """Y C ' Dr.>na-41 3431-35 s Ddwy .. l"l•ldt, Fred r. GunhUd F $10,657.84 f'.'\v£ ll, :l.>•ic linu II I' u r.u.x 1 (, -' l'olr;;cl·, co 00134 .. .. .. .. .lnJ. H 3 17 016 38 '· ..... $ 2,064.39 Cryalor Co, Tho ~9 l .. cnwaad .J\dd ... c/o cry!llor, edwin II ; JU7·3'-UIJ·41 Ji • .Ddwy , .. ; -~~~~c!~~s .~gwy80ll0 ... -. . . lni H .~ 11 nn :n ' .. nobohm, ~ono~d 11' authCt 14.6', -· ... :,, Jt TC!n .• w.ido .. l Cn•fOOd J\dd ··-. 1.nuo s cront ::it 344~ S.Ddwy $ 7,562.57 ' r.nnlc,IOod CO :10110 T!l'll J1 J 17 014 35 ' .. .. ' • I i l·'ltt).>tt, llllut'Cll L 36 l Clii-IOOd /\del I • ;t ,. I •I ' !HO :> Cl.>yton \:;,y 3449-55 s D4wy . $ 8,748.18 ' I .. .'Denver, co .80Z09 ..... .. . . ' . ' I l ?71. 34 3 17 013 32- Lao !<, ucnry ., l'..>rn u. H . l Cnwoad /\del . Jl T<-n 34~'1-Gl-63 !l Ollwy $12,167.44 .· c/o llo:oo neal t:at;>~u Co . •' , .. . 028 -17th :ll oonvac ~ co 80~02 ' ''I I I I ,'o 0 I ·l \' '. ·~. ,' \ • • • • • • I -.. ; ' .. . ·:'/ .. f I • • .. ' . \ .. '• .. I o t ... ' . I • I : .. ,. ... -..,j•-· .. u ,_ . • • - ., ) :. : :: ~ :' ~ . ;I I ~: • 'I .. . · •:•1 I I I•' '·• • • 1,.· ~ ••• '\···· ·· .. , . ., .......... • 1~11 )4 J 11 01~ 1-'o"thur, -Jor~y wu l~~~ Lan:.anCJ lluro•·"· CO UllOH l97l 34 J l7 011 .... _. )l J9' l llolthOlu:>, DArb.:ar.:l i-4i\..:ltaunl0 c/~ Hiolscn lnv Co l41ll s l\colla S t r.n lc (:fJ ~· 4 l l7 010 Wcinatoin, Lao II~ c v 1950 U l2ncl /\vc Dcunror,CO 00211 1171 )4 l 17 009 tloinato.ln, Lao ll • c v 1950 W l2n.l Avu OUnV<Jr, CO IIOlU .un l4 l 17 001 . r.lJ~; ~ntricln ~ • J .nl?•l<':l~t , o:rscv s, Jt .'='Y=" .• 9 11 IIAooo:>cJOA IIYO I:II'.Jle><;)OCI, co 10110 ' . \ l7' l :t8 £ 30' 1 :l5. 24 "45' 1 2~ • l6 / • • • l~nwnc..d Mtl 34~-, :; lJdwy l:nWOoU 1\U.J l47J s li<IW)' Cnwood lld<l JUJ-aS-87 s lldwy .&nwood Add 34!1:0 /91 ::; llclwy 1-J w '"'"'~"~"" F.nwoocl 1\dd 7-9-11 W l1411Pdcn • $17,674.09 $21,131.31 $ 9,703.01 $13,122.88 $17,586.34 I • • • - • • r 'I ti/\MI. "'"''' A.IJLIU t:.O";. .... Ill·~ .. ~ ,.ll t UIIVf~\014 l!.Ul H ~ 2) or.·, 10 • ,. Oui ·•t., I r., L, l>el:1d 4 12 ·1 rr.:m H·t· 11<1<1 $ 1,109.56 a;.,, 1~·1 l , IJ 1•/ 'J.I~.l/IJ ;t :; IJ .. h·IY L'/'/,, l:>L I.J...a tJ l h tll l~ tJld•J U·~II\.I • .'C, <.:u :.JO~O:l ~I)!"/ UJ l '"' ooa 14 . • H 'l'd\:: 1\dd '" . . U.I~Y Ul~ l l.,lhLKh ·n 1 '),)~.'1 /\:J ;J U C. !'i ~ J ',J•I ~ l.tth.:uJ.n c/o 1 .. 1.ncoln <.:tr 1/J V..alo! .,u.,y ~~ -:,r-,5 -ll6i:h /\vu Ni;, $ 3,302.11 :..i ~aitu ~Ol Ocllcvuo, Iii\ ~uoo~ 20"17 OJ 1 06 013 40-2 Uircha J\<1<1 to s U<l~y uts $ 1,170.13 IJ.Jm~on 1'1.>a<l A:~:;oc. 43 ~ l5J5 :. Shorm.1n c /o L1nculn ('0 1\Lc.•f IN v ... c ~• llc:t llu i !j!j:i -UGth 1\V\.! JH:, S ui to 201 Dcllevuo, \·lA 98004 2077 03 1 06 007 12 ' 2 nirch8 lld•l to s D<l•y llto $ 585.07 nanf, John 0 13 ' 3560 r, Lincoln 35611 s Li ncoln St 1/2 Vac alley i\dj l'.ng lc.:oocl, co 30110 2077 03 1 o,; 0 0~ Beg at II l')t 2'1. S9 l.'t E of ~H Cor Buchler ProSJortiao, Inc. or Lot 16; Th E alg N lino lOS.Al 3500 s Lincoln !:t Ft; Th s 62.70 l't; Th Ntlly 122.65 $ 585.07 Cnq1awQod, co 00110 l't to l'OU, Dlk 2 Bi.rcho 11<11 to s . : D<lwy lltu -3~00 s Lincoln >t ' .. I . -. .. . .. .. . . . , .. ' . .. -' .. .. . . \ ,. ' : ·.: ' .. I • • t... •\ . .. . . ~: --• • • • • / r o. .. NAMl: AND AUD kl.!..:. '"' ..... , )UUUIVI:.OIVN 1~71 H 4 uo OJ 4 II l/2 uf 'l'c of 1~1 1(1 IJOti:C" .,~, , lh•tJ Snnll, \'li J 1·1L"d 1\, Jr . l76 J't r: ' .IJL7 I·'L N of s" Cor Upper UC.It' l:r\,!u k or !i\., 1/4 or sc l/4 Sc.:c J4·4-uu, t::.vcr':fl."C cn, t.:\.1 U04 H ·r h ~: 234.J 1-'l ; 'l'h J,f ~0 l ·'t; 'J'h \; $ 4,653.70 2U4 .J I'" I:.; .,.h :; ~0 l·'t to Uo 1 )4"/0-'/~ .... Lluc~l 'l 201"/ OJ 1 07 02U t: 62 1/J n. oC II 17 ~·t of 1"1 • \·JooUson-llolnu3 Entc c-r. t•l 1/2 n uC 4d-!i0 Ulk 1 Uirchu prJ.:lC!i, Inc Mu to S ll•lwy lltG $ 552.62 l' 0 nnx 04~ )~01 :; Lincoln Ch c vcnnc \·IY ~~001 2 o·n OJ 1 01 oH H-1 n 'rc •c~ 1\<I<J tn s 11e1wy lit<> liri(lht, Ployd Jill en ' 4G ~ 3517-19-21 s Llnclln evelyn r.lo•no, Jt '!'on 5 8' $ 4137 s Pearl St of 47 ~.227.92 (:;n ~o. lCNOOc.l co 00110 1~71 34 4 00 016 Daq 19 r't ,., ' ..l!l l .. t N of S.Z Cor at United Stoill.CS Steel ' 51-1 l/4 :iW 1/4 sc 1/4 Sec Jl-4-(jO; CaE'n~'Jiu ~~~~·~v:~ l'uu<J 'l'h N l !ll .. , 1"t ; '.a'h \1 141 1·'0:; '!'h II $ 7,002.52 I' 0 uox H ~·t ; 'l'h u lt!, l·'l; 'l 'h !.0 J )'/, ., ucnvcr, co UOH7 t't; 'l'h [; ~~t l·'t to U C (j 34-1-bU 125 c llompdon l 2077 03 1 06 012 4~-2 nirchc!l 1\cltl to 5 .ldwy llta $ 3,485.97 ::thupo, Robert A 50 (. 100 & llllmpdon 15l0 Yorlt 1/2 Voc Alloy 1\dJ Ocnvor, co 80206 2077 03 1 01 021 1'1 62 l/2 Ft of H 17 l't of 47 ' Sh~ttucl;, Clau<lo D ·~ 62 1/2 Pt ot 40-50. D1k 1, $ 552.62 4274 :; Dcla\laro St llircll!l Mel to S D<l•IY Uto l.:ol!11C><Ou<l, t.'O 00110 201"1 03 1 07 001 l (.. l Dirch:> 1\d<l to S . Diwy Uta -Su~ma.n, Al 2 . 3500 s Dclwy $ 651.60 Jl)ll t.ar ioct· St ' u~:uv n \·, .;() :)0 ~02 ?077 OJ \ 0 1 OO J 3 r. 1 D 1 rchcll 1\Ud to 5 :Jdwy Uta l 'i nor, 1\lt::=t J u 15' JS1Cl-U. S lld'/Y 3'.21 :; C<J v y of 4 $ 439.90 Cr.(l lcvoo<l, co 00110 201'1 OJ 1 0'1 004 5 ' . l . Dlrchoo Mu to :; ~wy II C:J Vince, Albert J s 10' 3514 S lklwy $ . 384.91 3 ~24 !l lld""J ot 4 .. .. J;t\9lovocxl • co 00110 2017 03 l 0 7 005 6 l U1rche 114d to s Dlwy li t o l'in c r, 111 bor t J $ 3~24 :; Cello'}' --1,198.20 J;t\C)1C "'oud , co 00110 20'1'1 OJ \ U7 010 15 ' l Jnrch:» 1\Uu to s II Jwy lito I l'lliOC , Jll b<:rl J 16 J~VO !.t Ud wy 3521 s lkhl'.f $ 549.88 l:n9lcwood , co 00110 . I I .. '•. ' : •' •• :. l' ! ; 'I ·. .. I • • •, :' I ,.;' . I . . . : I • I ' u . . ; .• w . • ~-• ' I ,. I .. • NNA( AND AOOR(~~ 2077 03 l 0"/ 0<'. 1 Ln r:1.·, ''llJort .1 l~l~ ::; ll<holf ~ng1cwoou, ~o ao 11 v 2 011 03 1 07 Ol3 l,.inor, 1\lb-.:rt. J 3~1~ :; Dtlwy &:nglo,.ood, CO UOllO 2077 03 1 07 009 !iW;\rM.:t n UltJc1 Cu l.t!.i l ll.J.IIIIOCk !,{. Uunvcr, ~0 UOJ04 2077 03 2 00 021 J·;n()lowood SAVlOCIG 6o Ao::m 3~01 S lkl wy Englewood, co 80110 • • • Lui 1\! .... L. ~UUUIVI~UN UCtJ N\1 ..:or (,ot 7; 'J'h L; to Nl : C..:oc J..oL 7: '1'h:.:; 'J .~ ec: 'i'h \'1 U•l.~ l 't; 'J.'h N\J to l't J.tj. ;J l-'t S U( I'OU; '.a.'h N to Ul.!q Uu1nq a l'or oJ: Lo~u ·1-10 'l'Og W1Lh S U l ·'t WL 10 • .. 11 LOt ll, Ull. 1 lh ro.:h"" JWd to S u..twy llt.S l!f.!., !> Odwy 1 01 rchc:. /\dd Lo !i 1\dwy lltJ 12-Birch~ Md to S Ddwy llta 14 t :x Lh ... t IMLL :ouhJ lo C.a.ly uC J.u•J h:wo..:MI J!..t!.tU-',4 !i lk.Jwy CoDVft 01t a Pt 50 Ft ~I ' 25 Ft S of LOon!>!!; Cor of NI; l/4 Nlj l/4 sec 3; Th S 117 Pt; Th W 125 l't1 Th N 117 Pt ; Th ~: 125 Ft to Oc<J • 1/l V4c Alley Ad j on w 3-~·60 3~01 s Ddwy 1971 3~ ~ 00 015 Ornnn!J:>r!J, Robert 1·1. ' Uott:/ J, Jt 'i'Cn C 1/2 of " Tr of land Bog 376 Pt E ' 332.7 F~ N of Slj Cor of Sl·l 1/4 of S£ 1/4 Sec 14·4-68; Th n . 284.8 Ftr Th II 50 Ftr 'th If 284.8 Ft: Tb S 50 Ft to Dcg. !:11 r.cla l~'IOJ 1·1 l•lcd<.)O liol:/ llorncun, CO 804G~ · l441-47 5 1.1ACOln $ 1,611.86 . $ 274.94 $ 5,922.99 $ 1,369.05 $ 549.88 I • • - • ORDINANCE NO. t~ SERIES OF 19 8 -1 -- • • • BY AUTHORITY COUNCIL BILL NO . 69 INTRODU CE D BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE EN GLE WOOD MUNICIPAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEF ORE HEARING BODIES OF THE CITY AND PROVIDING FOR APP EAL 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 an d 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 un iform, consistent and e x peditious 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 cha p er shall be applied uniformly in all such hearings ; provided, howev r, that any board, comm1ssion, or off1cial may supplenen h provisions of this chapter by the adopt1on of further rules of procedure not inconsistent herewith. All rules adopted to supplement the provisions of this chap er by ~ny board, commission, or official shall b reduced to wri 1ng nd copies thereof shal l be mad available to the public. Noth ing herein contain d shall b cons rued or in er r ted to grant to any person a r ight to pp al to the City Council or to any board, commiss1on, or o ficial of the City, or to have a hearing before h samP, unle s he provisions of the Ci y Ch r r, .ny appli ~bl St stat ut , or oth r ordinance, gr nts such ri h , he snl of this chapter being to es 1Jl.1sh proc dural rul for hearings o herwis rcqu1red by h prov1sions of other law 1-7-2: DEFINITIO S (a) As used in his ·h p r: ( 1) 1u!lftlifti ~ra · Y~ HEARH:G body sha 11 m n he City Council or ny bo rd, comrni s1on, or o fic1 1 of h City . • I • - • • • • (2) Clerk shall mean the City Clerk or the secretary of any board or commission or other appropriate official. (3) Applicant shall mean the petitioner, appealing party, or complainant. (4) Opponent shall mean ~ny person in interest opposing the applican t . (5) Aggrieved person shall mean any person having a direct and subs tantia l interest in the outcome of any quasi-judicial hear- ing, or any person havin g a right of appeal therefrom by virtue of any Charte r provision, State statute o~ ordinance. (b) Department Heads or authorized o ficials of the City, or the C~t y itsel f, may bP applican t or a respondent, or an aggrieved person as the case may be. 1-7-3: NATURE OF HEARINGS (a) Quasi-Judicial Hearings. Th provi ~ions o Section 1-7-7 her of shall be appl~cable only to those hearings wher h "emin~ ~r iv HEARIN G body is called upon to x r ~s power of a judicial or quasi-judic i 1 n tur , which, for the purpose of this Chap ter, shall b deemed to een~i~e e~ y ~ I C'UOE, BtT lOT BE LIMITED TO, the following. (1) (2) -fit Hearings before €ie·-e e~n eil LI UOR LICENSING AUTHORI TY upon application for the issuance, or hearings for the suspension or revoc tion, o l1quor or f rm n d mal b v r ge l~c ns s; HEARIN GS BEFORE CITY C UNCIL u on o rdin nee which zon or r -zone rt> 1 y; ORDI NANCES WHICH ennexe ~en A NEX r n nee PROPERTY TO THE CITY OF EN GLE WOOD; nd upon 11 appeals from h d ci ~ons o ny Ci y official, board or co mmiss ~on, wh r such an app 1 1s kerw 'e u horized BY CHA RTER, STATUTE OR ORDINANCE, and which r qu~res an ev~d ntiary h r1ng to d t rmin such appeal. (3) H rin s b for nd App ls a -2- • I • ·t3t • • - ~ the-J:)epa~tmene -of -au±~:d-i~ -'1:-n-spec-t~ &f ~peR Ee~~e~~~ for a ~ar±anee er eK€e~~e~ frgm ~fie ~e£mG ef any ere~ftaftee. (4) Hearings before the Board of Career Service Commissioner s upon appeals from disciplinary actions aga i ns t e mployee s . Ht (5) Hearings before the City Counc il or any board OR commi s sion or offic i al re s pecting the issuance, suspension or revoc ation of any license issued by the C i t y, or the imposition of any asse ssmen ts o r p ena lty. (6) Hearings before other Boards o r Comm i s sions that meet the require me n ts of a q ua si- judicial hearing as es t abl i s hed by the Colorado Supreme Court. (b) Administrat i ve Hearings. All o the r he ar ings befor e a n aem~n~8~ra~~ve HE AR I NG body shall be deeme d to be adm~n~strative he ar i n gs the pur- pose of which is to oblain information to e nable Counc~l o determine leg i slative policy or to en a ble any board or commission to make r e comme nda tions to Counc~l upon proposed or pend i n g legislation. Such h arings shall be cond ucted in compl~ancc wi h the prov~sions of S e ct ions 1-7-4 , 1-7-5 and 1-7-6, nd in such a manner so as o enable any person d sir~ng to b e h eard a reasonable o~portun~ty for he p r e s entation of h~s v1 ws, buL th re sh 11 be no r equirem n for com l~ance with he prov~s~ons of S ct~on 1-7-7. (c) THE QUESTION OF WHETHER A HFARI G S ADMI IS- TRATIVE OR UASI-JUDICIAL SHALL BE RAISED AT THE HEARING AND THE HEARING BODY SHALL RULE THEREON OR MAY ADJOURN THE HEARING FOR LF.Gi\L ASSISTANCE. 1-7-4 : COMMENCEME.T OF PROCEEDIN,S All proc d~ngs cond ct d pur u~nt to this Chapter sh 11 be commenc d in th mann r provided by th er, St tute or ord~n nc • Ci y proc clerk or HEARl G body any p r y to b au pli d by ju iadic ion ov r I • • • • • • the appeal within a period of thirty (3 5 ) days f rom the date of the decision being appealed, unl ess a different time for appeal is set by the Charter, Statute or other ordinance involved. 1-7-5: REFERRAL TO ABHiNiS~RA~iVB HEARING BODY Upon receipt by the clerk of any applicat ion, petition, notice of appeal, complaint , or other instrument initiating a hearing, the s ame shall be referred to the adM ini strative HEARIN G body having jurisdiction over the matter, and a da te , time and place for hearing thereon shall be set by said adMinistrati ve HEARING body, which shall dire ct p ub lic notice thereof to be given, if otherwise required ; provided, however, that the adMinistrative HEARI NG body may authorize its cle r k to set a date, ~me and place for hearing upon receipt of such instrument without the necessity for act i on by t he adMinistrative HEARING body itself. 1-7-6: P UBLIC NOTICE Public not ice , if requi r ed, of the date, time and place of the public hear i ng shall be given in he manner provi ded by the Ch rter , Statute or ordinance pursuant to whi c h said h earing ~s to b held. In the absence of provis ions specifically delineating the manner in wh ich pub l ic notice is o be given, notic e of the date , tim , place and purpose of th hear~ng o be held shall be published once in hat newspaper d signa ed by C~ty Council as the Ci y 's official news pap r no less than f~fteen (15) days prior to the date of sa~d hear- ing . In the event he publ~c hearing is postponed, noti c sh 11 be giv n of the da e, tim nd plac to which th hear~ng h s been postponed, ith r by c using further notic to b published , s above prov~ded, or by publicly nnouncing t th da e, time and pl.ce set in the or~g~n 1 not~ce of th hear~ng's postpon ment of the new da , t~m nd plac when nd wh re the post- pon d he ring sh 11 b h ld. l-7-7: UASI-JUDICIAL HEARINGS ( ) I • • ...... • • • .. (1) ~he ee~ifti~tretieft e£ eeth~ te All partie s 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, r ep r o - duction of all test i mony pres e nted in sa id hearing ; and (4) WITHIN 35 DAYS AFTER A QUASI-JU DICIAL HEARING, a written d e cision b y the hear- ing body which shall set forth the factual bases and reasons for the decision rendered. (b) Order of Proc edure. ift eft AT qu asi-Judi c1a l hearings, e~ hereift ee~igftetedT t he f ollo wi n g order of procedure shall be fo l lowed; HOWEV ER THE PROCEDURE MAY BE MODIFIED BY THE HEARING BODY WHEN CIRCUMSTANCES REQ UIRE THE ORDER TO BE CHANGED: (1) First, the r e shal l be p r esented t h o s e do c uments sho wing t h e regularity of the c ommen ceme nt o f t h e p roceed ings and t he due form of the publ ic no ice gi v en. (2) NEXT, THE HEARIN G BO DY SHA LL RECE I VE STAFF P RE SENTATION CO NCERNI NG THE ISSUE BEFORE THE BODY. (3) Nex , the appl 1 cant 'S ~heii r seftt PRESENTATION OF such material evidenc , if any, as he desires. (4) The ed~ fti ~tret ~v e HEAR! G body sh 11 upon completion of the pres ntation o the appli nt's ev1denc , call pon ny person present in support of applicant' posit1on to present such evid nee and 1nformation as he may desire. (5) Thereafter, th ed~iftistretive HEARING body shall call for the pres n tion of inform ion and evidence from any p rson present at th he r1ng who d s1res to oppos th application, p titian, pp 1 or complain -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 n eces- sary to determine the exhibit referred to by any witness or other person. (c) Rules of Evidence. The adMiniseraeive HEARIN G 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 or Beeisien VOTE. Each a~~n~serae~ve HEARING body is authorized to deliberate upon the issues pre sented 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 shall ee d~ly reeerded in the Minttees or the adMift~S erative body~ Ali dee~eiens ehail be in wr~eift~ and a eepy e the s e ehail be dei~vered to ehe appl~eane aftd ether ~nterested pareiee, via eertir~ed Mail ae the addrees eet rerth ift ehe appliea ien 7 peti ~en; eeMpiaint or netiee or appea , ttni ~d dee~ ~en ~e e o be Mbod 'ed n an ord~nanee wh 'eh · p~elishe by he pro- ¥~ ~one th €harter 7 or ttnlee he eharter; Sea ttte or ord~nanee ~nd r wh 'eh ehe hear~n ie b ~"~ eond~e ed re tt~r noti e e the ee~e~on o b ~~ven ~n a d~ er n ~an r~ (e) THE PARTY WHO APPEALS A DE ISION OF A HEARl G BODY SH LL PAY FOR PREPARATIO OF THE VERBATIM RECORD AND EXHIBITS OF TH HEAR!,G FR OM WHI H THE APPEAL IS TAKEN . -tet (f) • I • • • • • • contained within the Colorado Rule s of Civ il Procedure. ~revieee the aetien is ee~eneee net ~ere than ninety ~99t eays sabse~aent te the eaee ef saie eeeisien er within saeh sherter ti~e as ~ay be re~airee by the eharter; Statate er ereinanee ander whieh saeh hearin! was heie~ ~he eest ef ~re~aratien ef the reeere ef the hearin! shaii be assessee a!ainst a~~eaiin! ~arty in the event the eeeisien a~~eaiee fre~ is affi~ed by the eeart~ (g ) I n the event t h at saeh ;aeieiai revi ew r esults i n a ;~dieiai deeiaratien se tting a s i d e or r e vers i ng said d e c ision, t he ~e~ers ef the a~inistrative beey whieh rendered s~eh deeisien CI TY COUNC I L may take such ste ps as may be neces- s a ry to obta in an appellate review of the same, either th r o u gh the institutio n of original pro- ceedings or through appeal. in their ewn na~es T in their res~eetive e a~aeities 7 as ~e~ers ef the ad~inistrative bedy renderin! ehe deeisien~ Sheaid any ~arey net ee~~iy with any deeisien ef any hearin! beeyT the ~e~ers ef the ae~inistratiVe bedy inveivee ; er the eity itseifT ~ay 7 i n additien te any ether ie!ai r~eeies wh i eh ~ay ex i st fer ee~~ei ii n! ee~~i ianee there - with; ~etitien any ee~rt ef ee~~etent ;~r i sdiet i e n for the enterin! ef a ;ad i e i ai deeree ee~~eiiin! e o~piianee therewith; pe titien any eeare e f eo ~p eten t 'ar i sd iet 'en fer the enteri n! ef a ad i e~a i d e e re e ee~~ iiin ee~~ii anee wi t h s aid deeis i en ... Introduced, read in full and passed on firs reading on the 21st day of Septemb r, 1981. Published as a Bill for an Ordinance on the23rd day of September, 1981. Read by title and passed on final reading on th 5th day of October, 1981. Published by title s Ordin nc No. _______ , s ri es of 1981, on the 7th day of October, 1981. Attest: ex o aaurer -7- • I • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing 4S 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. H4gbee • • -• • - 7 BY AUTHORITY ORDINANCE NO. 0 q SERIES OF 198_1 __ COUNCIL BILL 79 INTRODUCED BY 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. WHEREAS, the City of Englewood owns certain lands in the City of Englewood used in conjunction with the Allen Water Treatment Plant; 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 San1tation District and Southgate Sanitation District entered into an agreement to provide for a permanent easement; and WHEREAS, 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 Di strict a permanent easement. NOW, THEREF ORE, BE I T ORDAINE D BY T HE CI TY COU NCIL OF THE CITY OF EN GLEWOOD , COLO RA DO: Section 1. Th e City of Englewood, South Ara p a h oe San itation Distric t and Southgate Sanitation District hereby enter into that doc um e n t titled "P rmanent Ease nt" attached hereto as Exhibit A and incorporated herein by ref r nee containing the following legal descrtption: IM M I'OU.OWI LSAI. OUCil i P'f i ClH /lllll or 5410 StCTI ClH 9 Ill! IN; IOITW1 • 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 Director of Finance ex officio Clerk-Treasurer are hereby authoriaed 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 ful l , and passed on first reading on the 21st day of September , 1 981 . Publ i shed as a Bill f or a n Or dinance on the llrd day o f lep~er , l!U l. ' Re a d by titl and passed on final rea ding on the Sth day of October, 1981. Published by title as Ordinance No.~~ , Series of 1981, on the 7th day of October, 1 981 • ex o rea surer -2- • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance pa7snd on final reading and published by title as Ordinance No.~, Series of 1981. Gary R. H~gbee -3- • I • • ( I / ,. • • - THIS !DENTURE made and entered into thia ______ day of , 1981 by and between the CITY 01' ENGLEWOOD , a Colorado municipal corporation, Englewood, Colorado, Party ot the Pirst Part, and SOUT H ARAPAHOE SANITATION DISTRICT and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Countiea, Colorado, quasi-mun1cipal corporations, Part ies of the Second Part, WITNESSETH WHEREAS , the party of the first part ia the owner of the here1nafter described lands; and WHEREA S, parties o f the second part are desiroua of conatructlng and mainta1ninq a san1tary sewer line in, under and acrose the hereinafter described landaJ NOW, THEREFORE, i n consideration of the sum of One Dollar ($1 .00) and oth r good and valuable consideration, paid by the parties of the aecond p rt, the receipt of wh ich ia hereby acknowledged by th party of the first partl lhe party of the tirat part hereby qrante , barqa1na, sella and conveys unto the parties of the second part, their succeaaora and aaeigna, an easement and riqht otway for the cons truction , maintenance, repair, r~val and replacement of a sanitary aewer line under, acrosa, through •nd ovex the landa here~naf er deacribed in the County of Arapah State of Colorado, to witr l.SAI. OL!p II'T IC!! A )0 .00 I'OOT WIOL! SNIIT.-.Y Sf'o!ll tASlMI:Hf (1.I!Jt /IHJ ~S A I'IOIITICJf (I' KCfiCJf 9, TOifOSHI~ 5 !IOUTW, MN:f 68 WI!ST f1' '0«: Sl~ I'IUNCIML -lOIN<, CQHTT f1' /INIWO/t, STAT( 011 eot.OMOO, IIIWC 15.00 'fn CJf fl~ Slf)f f1' '0«: IDeCJf OL!SCIHII!D C04Wtl. II«, OL!ICIIII'TICN Mil MSI!D ~ TM: 101- INIO M IOITWJ IT A 1 • • ., l :..--: ~'_:, .. ~-~ ......... ' ~· .... "·1 0 I . ( I ( I / • • • • The ease ment and right of way hereby granted ahall include t he r i g ht t o the necessary use of the surface of said landa for excavating and refilling ditches wnd trenches for the location and installation of said sanitary sewe r line, and for the con- struc tion, laying, maintaining, repairing, removal and replacing the reof , in and along said right of wa y aa deairad by the parti ea of the second part. The party of the first p art shall fully uae and enjoy the aforesa id premises, except as to the rights herein granted ! and the parties of the second part hereby agree to hold and aav. the said party of the first part harmle ss from any and all damage a r ising from ita use of the right, ease~nt, and r ight of way aranted herein and agree to pay any damage or damages wh ich IIIS Y a rise to the property, premises, or rights of the party of the first part through the second parties' use, occupation and possessi on of the r ights here i n granted . TO HAVE AND TO HOL D the easement and right of way herein granted unto the partie• o f the aecond part, their aucceaaora and aasiqno so l ong aa oa i d e a s ement and right of way ia uaed by the pa rti es o f the aec o nd part, thei r suc ceaaora or aaaiqna, solely for the purposes hereinabo ve described and no longer! and the s a id party of t he f i rst p art does hereby agree and covenant that i t i s wel l aeiz d o f t he p remi s es here i n described in an esta te of fee a i ~p l a , and has g ood right, f u ll power and lawful authori ty to g ran t, barqaln , aell an d c o nvey the eaaement and right of way he r e i n grante d, a nd t hat t he same i a free of al l former a nd o t h r gra nt s, bargaina, aalea, liena , eaae.enta and enc umb rances o t wha e ve r ki nd o r natu re soev e r . Aa a fur t h r consideration for t he g ran t of t he eaaa .. nt he r a •n .. d t o he p ar i ea o f he se cond part, t he parti es o f the second part. here y cov n a nt and ag r to and with t h pa rty o f t he f irst part a said p a rty o f the f i r s t part shall ha ve the r 1ght t o atta ·h aew r service linea froa the Ci ty of Englewood OW!'oad tnatall a ions on the Ia do elonging o add City whic h era reve r sed b y a a td abov dee rtbad •• n , al l without c ha r a to t he party of the first p a rt, e xcept actua l con s truction, aatari a l • and labor coat• lh r of s ha ll be coats o f pa rty of t he t1 rat part . Ita na WITNE s 1 or , t e art y o f t a be here~nt o aubacrl a4 by th -2- EXIIlftl'l' ~ he fir e p art haa c auae4 Ma yor , it• of f icia l • .-.;. ,, , ... 0 I • • - I / ' / • • • • aeal to be hereunto affixed, and atteated to by ita City Clerk the day and year firat above writtenr and the partiea of the aecond part have cauaed their na.ea to be hereunto aubacribed by their raapective praaidenta, their official aeala to be hare- unto affixed, and atteated to by their reapective aacretariaa the day and year firat above written . Party of the Firat Parto CITY OF ENGLEWOOD Atteato Gary R. Higbee, C>ty Cler a Colorado Municipal Corporation By ~~~~~~~.-.~~----Eugene L. Otia, Mayor Partiea of the Second Part : SOUTH ARAPAHO! SANITATION DISTRICT, a Quaai-municipal Corporation Atteat: At teat : STATE OF COLORADO ... COUNTY OF ARAPAHOE Secretary Secretary By ______________ -,Pr.r~.~.rnar..~n~t SOUTHGATE SANITATIOK Dli~ICT a Quaai-•unicipal Corporation ay ________________ -nP=r•~.~r~ar-.~nt The foregoing inatrument wa a acknowledged before .. thi a day of , 1911 by Eu ene L. Otia, Mayor ~ry R. 1g e, of the City of Englewood, a Colorado aun1c1pa1 corporation. My Co~iaai o n expire•• ·l · txHIIIT A 0 • J i' •·I ••• t .. . ·•.}.,. •' '· I. \ I .. . ;. I • • • • STATE OP COLORADO ... COUNTY OP ARAPAIIO! The foregoing inetruaent vae acknowledged before .. thie day of , 1981 by pre• iden t. an -----,-:e=-=e=-=c:::r:::e"'t"a"ry==-,-:o"rr- Soutb Arapaho& Sanitation Dietrict, a quael-aunicipal corporation . liOtary PUblic My Co~ieeion expire•• STATE OP COLORADO ... COUNTY OP ARAPAHOE The foregoing inetru.ent vae acknowladgad before .. thie day of , 1981 by =p"r=-=e"a~i~ar-a~nt, and--------------, eecret;e~ry~.~o~r~sr-o~u~t~h~g~a~t~e~ Sanitation Dietrlct, a quaei-munlclpal corporation. Wohry PUblic My Ca.aieeion expire•• -4 - P'XHIIlT ,. I • • . ~ . . . ·. • • - R«ordtd aL .•.....••..•...•• _. __ o'c:lock... ___ lll ., ···--··--·---·--·--··-·········~-····-······-··· R.tception No-·······--... ·-··-.. ······--··· ····-··-···-··-············----···········_llocordor, Tms I>Kao, llado u.ta ..., ot tt 8L bo-SOUTH ARAPAHOE SANITATION DISTRICT, a quasi-municipal corporation, and SOUTHGATE SANITATION DISTRICT, a quasi-municipal corpora- tion, of the counties of Arapahoe and Douglas, ..,JiS.Spectively _ _. ... -., C*.U.. ., tM tint ,.n. ... CITY OF ENGLEWOOD, COLO ~48S 1 ~~a~Yar~1 !~~r;~e8tl8Y lo ~ Orpl\bed ud alotioc -ud .. -ot tM .... tl .. l•lo fll Colorado . ot •-OOI1J WrrN ETII, Tbot tloo ..W .... i ea ot tloo !In& ool't. tw ... lo --of tloo-ot One Dollar and other good and valuable cons i deration -------~ .. t1oo ..w..,. iea "t1oo !lftt..,. 1a ._. ,.w lor t1oo ..w -ot •-,.n. u.. ....-,&-1o......, _, _ _. ..-~ looV8 ..-,-. ooW, _..,..t ud QUIT CLAIIIIl:D, ..... .__.... --_ _.QurrCLA.UI-•t~oo..w-or•_...n."" -ud .-... t-. o11 riP" oNo.--......, ... --u.. ..w ..,.ies t1 1M II tint..,. loa ve Ia ... • 1M r.-...-.- alwat.o, 17u.. ... .....,. Ia t1oo C..t7 ot Arapahoe ........ .,~low!\: That parcel of real property described in Book 1176 at page 529 legally described as : Eight feet on each aide of the following line: Beginning at the SE corner of the SE 1/4 of Section 9, Township 5 South, Range 68 Eaat of the 6th Pr i ncipal Mer i dian1 thence Westerly along South line of said Section 9 , 579.90 teet1 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 easement1 thence continuing on the same line 277.08 feet1 thence on an angle to the left of 59°36' for 461.40 feet1 thence on an angle to the left of 0°34' for 500 feet1 thence on an angle to the right of 14°27' for 253 feet1 thence on an angle to the right of 41°32' for 250 teet1 thence on an angle to the right of 13°00' for 318 fee 1 thence on an angle to the left of 72°30' for 43 2.30 teet1 thence on an angle to the left of 9°45' tor 486 feet; thence I o n an angle to the right of 66°31' tor 196.70 feet to the North property line of said property and end of subject easement, EXCEPT that p arcel legally described on Attachment 1._ 1\ TO IUY11AIID TO aOLD tM-_... wllll Ill ... ..,., 1M-........... - ~ .. or Ia ........ -oppo , ... olltloo _.., ~.. Ia _, ud .._. --· t1 .. ...w,.,. iea .,....,tlnt....,•ltwl• •• ..-~ ...... _____ , ... .....,., ... __ ., ........ _... ........,..,.,_, D<wrnt .. WJJ r,n...w ..,.ies ., .. ,.,... .... ve ...,_,.ootthei~• ud .-I S •• , ... ,_, __ "" SOUTH ARAPAHOE SANITATION DISTRICT (llllALl I ATTESTt South ATTEST• southgat~ TMI lllc "'"-~...swon-.... XlfliiT I -l .. l'resi.aenE· (I'&AI.l '-'-'-'-"-'..cSccAN~l~T!_.O DISTRICT 1 '&AI.l President IU.U.I ,.,., , I t _., ........ - I • -• • • ~..£GAL Dfstltii'T!ON A 30.00 FOOT WIDE SAHITMY SEWER EASEJ1ENT OVER NIJ ACIIOSS A PORTION Of' SECTION 9, T~IP 5 SOUTH, IVHOE 68 WEST C1F n£ SIXTH PRINCIPAL fo£RIDI-'N, to.MTY Of' AAAP~. STATE Of' COLOAADO, eEII'G 15 .00 FEET ON E1Tfo£R SIDE Of' Tt£ fo£REI)j DESCRIBtD CENTERLINE . ALL lltMII'GS USED IN TIE FOLI.OWII'G L~ DESCRIPTIQol AAE BASED UPON Tt£ IOUH- SOUTH CENTERLINE Of' SAID SECTJC»> 9 eEINIO DUE IClRTH; t:OMKII'G AT Tt£ SOUTH OHE-QJMTER CORI€It Of SAID SECTION 9; TtENCE NII9015'22"E A OIST-'NCE C1F 1)69.16 FEET TO TIE TRUE POINT Of' eECOINNII'G; TtENCE 5112"26'23''11 A OIST-'NCE Of 1111.10 FEET; TtENCE Nll90o6' 20''W A OIST-'NCE C1F 111.115 FEET ; n£NtE N07o55'56''W A DISTANCE C1F 256.17 fEET; TtENCE ~0 19'20"£ A OIST-'NCE Of' 166.07 FEET; Tt£NCE N)0"50'24''W A OIST-'NCE C1F 2311.01 FEET ; ne«:f N67°51'37''W A DIST-'NCE C1F 271.81 FEET; Tt£NCE N76°01'26''W A OIST-'NCE Of' 51111.73 FEET; n£NtE N37°23'30''W A OIST-'NCE Of' 15 .10 FEET; Tt£NCf l«l0"04'16''E A DIST-'NCE C1F l-9.02 FEETJ Tt£NCf N!)l•31'0ii''W A DISTANCE C1F 113.27 FEET; n£N::E N02-211'57''W A OIST-'NCE Of' 811 .00 FEET TO TIE POINT C1F TEJI411fJS f1ll)ol wt£NCE Tt£ l«lRTH OHE~TER CORNER Of SAID SECT I ()I 9 eEAAS NOO"li7'25''W A DISTANCE Of' )166.58 fEET. UHJilT • 2 • I • • - • • • • 7A BY AUT HORITY ORDINANCE NO. '70 SERIES OF 198y--- COUNCI L BILL NO. 7 7 INTRODUC ED BY COUNC IL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWIN G DEL IVER Y OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUS TRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO: Section 1. That current T i tle IX, Chap t e r 4, Section 3, of t h e 1969 E.M.C., which states: EXCEPTIONS be and hereby is amended to read: 9-4-3: EXCEP T IONS SECTIONS 9-4 -l AND 9-4 -2 SHALL NOT APPLY TO THE FOLLOW- IN G DELIVERIES: 1) DELIVERIES TO A DWE LLING AS THE RESULT OF A PRIOR ORDER THEREFOR MADE BY THE OCCUPANT OF ANY DWELLING: 2) DELIVERIES BY LICENSED BUSINESSES OF FOOJ PRODUCTS TO EMPLOYEES OF COMMERCIAL, CONSTRUCTION SITES, AND INDU PIAL ESTABLISHMENTS. NOTHING HEREIN SHALL PERMIT THE VIOLATION OF ANY TRAFFIC OR PARKING LAW. Introduced, read in full, and passed on first reading on 8th day of Septemb r, 1981. Publish d as a Bill for an Ordinance on the 16th day of Septemb r, 1981. Publish d s a Bill for an Ordinanc as amend d on ~e 23mday of s pt mb r, 1981 . I • • - • • • • Read by title and passed on final reading on the 5th day of October, 1981. Published by title as Ordinance No.~(), Series of 1981, on the 7th day of October, 1981. Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and c omplete copy of the Ordinance passed on final reading and publ i shed by title as Ordinance No.~, Series of 1981. Gary R. Higbee -2- I • • " • ORDINANCE NO. 1 c SERIES OF 198y--- • • • BY AUTHORITY COUNCIL BI LL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO 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 ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That current Title IX, Chapter 4, Section 3, of the 1969 E.M.C., which states: be and hereby is amended to read: 9-4-3: EXCEPTIONS SECTIONS 9-4-1 AND 9-4-2 SHALL NOT APPLY TO THE FOLLOW- ING DELIVERIES: 1) DELIVERIES TO A DWELLING AS THE RESULT OF A PRIOR ORDER THEREFOR MADE BY THE OCCUPANT OF ANY DWELLING: 2) DELIVERIES BY LICENSED BUSINESSES OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL, CONSTRUCTION SITES, AND INDU TPIAL ESTABLISHMENTS. NOTHING HEREIN SHALL PERMIT THE VIOLATION OF ANY TRAFFIC OR PARKING LAW. Introduced, read 1n ull, and passed on first r ding on 8th day of Septemb r, 1981. Published as a Bill for n Ordin nee on the 16th d y of Sept mber, 1981. Published 23m d y of s pt Bill for n Ordinanc r, 1981. • s mend d on h I • • .. • • • Read by title and passed on final reading on the 5th day of October, 1981. Published by title as Ordinance No. ~L?, Series of 1981, on the 7th day of October, 1981. Eugene L. Ot~s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passe~~n final reading and published by title as Ordinance No.~, Series of 1981. Gary R. Higbee -2- • I • • • • - P R 0 C L A M A T I 0 N WHEREAS, domestic violence is a problem of great concern to this community; and WHEREAS, community education in the causes and treat- ment of violence is a primary means of prevention; and WHEREAS, the week of October 11 through 17, 1981 has been declared Domestic Violence Awareness Week in the State of Colorado; and WHEREAS, Domestic Violence Awareness Week will focus on educating the public on numerous aspects of family violence. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 11 through 17, 1981 as DOMESTIC VIOLENCE AWARENESS WEEK in th City of Englewood with the hope that our citizens will become more aware of problems of domestic violence and support community education in the causes and treat- ment of family violence. GIVEN under my hand and seal this 5th d y of October, 1981. • ) I - • • - P R 0 C L A M A T I 0 N -~·~~=(i) . VA "-· ,, ~/f) ·-::Y WHEREAS, domestic violence is a problem of great concern to this community; and WHEREAS, community education in the causes and treat- ment of violence is a primary means of prevention; and WHEREAS, the week of October 11 through 17, 1981 has been declared Domestic Violence Awareness Week in the State of Colorado; and WHEREAS, Domestic Violence Awareness Week will focus on educating the public on numerous aspects of family violence. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 11 through 17, 1981 as DOMESTIC VIOLENCE AWARENESS WEEK in the City of Englewood with the hope that our citizens will become more aware of problems of domestic violence and support community education in the causes and treat- m ~t of family violence. GIVEN under my hand and seal this 5th day of October, 1981. Eugen L. Ot~s, Ma yor • ) I • • - P R 0 C L A M A T I 0 N A/2•: ol ~~·: .,.· • .. • ' ..... -cl . y : • '"'t ' ... ' I . -.>• WHEREAS, domestic violence is a problem of great conce rn to this community; and WHEREAS, community education in the causes and treat- ment of violence is a primary means of prevention; and WHEREAS, the week of October 11 through 17, 1981 has been declared Domestic Violence Awareness Week in the State of Colorado; and WHEREAS, Domestic Violence Awareness Week will focus on educating the public on numerous aspects of family violence. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 11 through 17, 1981 as DOMESTIC VIOLENCE AWARENESS WEEK in the City of Englewood with the hope that our citizens will become more aware of problems of domestic violence and support community education in the causes and treat-ment of family violence. GIVEN under my hand and seal this 5th day of October, 1981. Eugene L. Otis, M-yo r---- • I . • • - P R 0 C L A M A T I 0 N WHEREAS, domestic violence is a problem of great concern to this community; and WHEREAS, community education in the causes and treat- ment of violence is a primary means of prevention; and WHEREAS, the week of October 11 through 17, 1981 has been declared Domestic Violence Awareness Week in the State of Colorado; and WHEREAS, Domestic Violence Awareness Week will focus on educating the public on numerous aspects of family violence. NOW, THEREFORE, I, EUGENE L. OTIS , Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 11 through 17, 1981 as DOMESTIC VIOLENCE AWARENESS WEEK in the City of Englewood with th hope that our citizens will become more aware of problems of domestic violence and support community education in the causes and treat-men of family violence. GIVEN und r my hand nd 1981. ~~ 0 _:1 ... /' -. .. __ -."-, ./ > I ' I . \~, '· .·. -__ ..-:~ al this 5th day of October, • - Coun Fili,. Suomp : • • • IN THE DISTRICT COURT IN AND FOR THE ____ COUNTY OF Arep•boo STATE OF COLORADO " b .' l' Case No .~ V ll.f~5 CIIROIIATICS. IIIC. , e C~loudo Corpor•tton, •nd CHICIIATICS MAHUFACTUIUIIG. IIIC ., e Colo<edo Corpor•tion, Plaimi.tr.a_ VI. CITY OP EIICLEIIOOD end GAlY R. IIICB!!. Director ot Pinance, THE I'EOPLEOFTHE!>TAICOI'COLORAOO TO THE AIIOVH NAM EO llEI·E NIMNT S : SUMMONS RECEIVED SEP 30 198l DEPT. Of FINANCE EIIGUWOOD Yuu are here: by sum~-d •n&l rcquin..'d h.• liac w11h I he clerk. u( I his court an an~wcr or other ruponw: to lllc IIIMChcd • .,.,.....,.. If service o( I he wmmons and C<>n•ploinl woo made """" 1011 wi1 hin lhc S1a1c o( Colorado. -ore ~ .... IO role your ........ or other rCif>OtliC within 20 d•1•lflcr such ICrYICC upon )'OU. If sc:rvkc .A the aummon~•NJ cuml'founl w:._,. m.;;~ upon YtiU uutaH.Ic: oltht S1a1e of Colorado. you~ ~uirN ta me your Mft)WC:f f.Wulhf:r I"C~puf'i)ot Withi n )0 ~oty .J'tcr liUC h liC.O'KC: upon )'OU , If 1011 fail IO role 1-IIUWOr or Olhcr rcaponoc 10 lhc complllnl ,. wrill .. wolhow lhc oppiiCiblc lome period • .iudlmcrit b1 default ma1 he entered aa•inll 1ou b11hc coun for I he rchef demanded in the comploonl without fun'* notice. · TIM: fnUowin1 do.:utnc:nh a&n: a.ls.) \Cf\1'-."\J hen:wn h c-ploint Under Rule 106 CRCP (With AI t idevic Attoched), Citetion end Order to Suow C.nuae, nnd " Motion tor Stay ot ProceedinJ• O;ot ~~----------· 19 I :I O.JlliSOII .'W.LOII __ _ ,. T'hit ~~~ M1.Wt1 ttl tJ r'\V.IIIW 1\t tho ..,..._ Tho f<~<m "'""" nu4 Prolut ionel Corporation Addru o( Allorne~ ua-ean 4.(" It C P .w """'ndecl A COf'1ollhcCIIII pt., I w....., .. ""'" .. ,..'" l>f ,..,o~ca,..,. ia de"rod • lot ,, " """•lh II I ] .. ? F I • - ,· • DISTRICT COURT, COUNTY OF ARAPAHOE STATE OF COLORADO • • • Civil Action Division ______________________________ ) CHROMATICS, INC., a Colorado Corporation, and CHROMATICS MANUFACTURING, INC., a Colorado Corporation, Plaintiffs, vs. CITY OF ENGLEWOOD AND GARY R. HIGBEE, Director of Finance, Defendants. ) ) l ;; .• J..lAf,JN :r~G ~ CLER\ ) ) COMPLAINT UNDER ) RULE 106 CRCP ) (With Affidavit Attach ed) ) ) ) ) COME NOW Plaintiffs, by and through their. Counsel, Turner, Robinson' Mallon, P.C., seeking judicial review pursuant to Rule 106 CftCP, and in support thereof state as follows: 1. At all times relevant hereto, Plaintiffs have been and are corporations organized and existing under the laws of the State of Colo,ado; and conduct business at 3211 and 3231 S. Platte River Drive, Englewood, Colorado 80110. 2. On July 30, 1980 and September 18, 19 80, the City of Englewood requested that Plaintiffs pay a use tax upon certain items of tangible personal property purchased ou t side Englewood foe use in the City of Englewood. 3. None of the aforesaid tangible personal property was construction or building materials or motor or other vehicles on which registration is required under the Colorado Rev ised Statutes. 4 . On April 8, 1981, the City of Englewood delivered to Plaintiffs' Notices of Use Tax Due totalling $9,923.32. 5. Payment was not made, and on Hay 8, 1981 the ·Clty of Englewood delivered final Notices of U e Tax Due with penalties assessed. 6. On May 21, 1981, a Petition for Correction pursuant to and in accordanc with S 13-4-26(8), Englewood Municipal Code, was filed by Plaintiffs. 7. On July 30 , 1981, pursuant to s 1-7-7, Quasi-Judicial Hearings, !ngl~wood Munic pal Cod , Cary R. Higbee, oir ctor of Ptnance for th City of Engl wood, sitting as a qu si-judicial body,· conduct d a h aring on Pla ntiffs' p tltion for Correction, I • - • • • .. • and on August 26, 1981 rendered a Decision upholding Englewood's imposition of its use tax and denying Plaintiffs' Petition for Correction. Such De cision i s • final decision pursuant to s 13-4-26, Eng lewood Municipal Code. 8. The imposition by Englewood of its use tax under the cir.cumstanc~s h~re present, and its denial of Plaintiffs' Pet i tion for Correction is arbitrary, capricious, constitutes an abuse of discretion, and exceeds the jurisdiction of Defendants for the following reasons: a. The City of Englewood does not possess the j ur isdiction and authority to impose its use tax against the subject property of Plaintiffs. b. The use tax provisions of the City of Englewood were not enacted in accordance with applicable law and are therefore void. c. The items of property sought to be taxed by Engl~wood herein are exempted by State law from the imposition of use tax by Englewood. d. The items of property sought to be taxed by Englewood herein ar.e of the type specifica lly exempted from the Englewood use tax by the provisions of the Englewood Use Tax Ordinance. 9. All admini st rative remedies have been exhausted and Plaintiffs have no plain, speedy and adequate remedy of law. WHEREFORE, Plaintiffs pray for the followin g relief: 1. That this Court review the proceedings and dec isio n of the Director of Finance for the City of Engle wood as referenced herein, and find that such Decision was arbitrary, ca pr icous , constituted an abuse of discretion, and exceeded their jurisdiction; 2. For the issuance to Defendants of a Citation and Order to show cause why the relief sought herein should not be granted; 3. For an Order directing Defend nts to certify to this Court a full record of all such proceedings; 4 . For an Order staying all enforcement or collection proceedings by Defendants during the pendency of thi appeal; and -2- • I • • • • • • 5. Such other relief as this Court deems just and proper. Respectfully submitted this~ day of September, 1981. Address of Plaintiffs: 3211 South Platte River Drive Englewood, Colorado 80110 3231 South Platte River Drive Englewood, Colorado 80110 -3- TURNER, ROBINSON ' MALLON, Professional Corporation sy:J~··c::· H~l;~n,4 'i'07'Ja A torney for Plaintiffs 2480 West 26th Avenue Suite 128-B Denver, Colorado 80211 458-8858 • I • • • DISTRICT COURT, COUNTY OF ARAPAHOE STATE OF COLORADO CHROMATICS, INC., a Colorado Corporution, and CHROMATICS MANUFACTURING, INC., a Colorado Corporation, Plointiff:s, vs. CITY OF ENGLEWOOD AND GARY R. HIGBEE, Director of Finance, Defendants. • • • Civil Action No. Division AFFIDAVIT COME NOW, the above-named Plaintiffs, by and through their Preside nt , T . Wayne Coker, who having first been duly sworn, upon oath de poses a nd says as follows: l. lie is the duly constitut<!d President o( Chromatics , Inc. a nd Chromatics Manu fac turing, Inc., the Plaintiffs herein. 2. He has read the complaint in this matter, and all of the allegations contained therein are true and correct to the best of his kn owledge. Further affiant sayeth not. City ' County of 0 nver State of Colorado s.s. T. Wayne ;Coker Subscribed nd sworn to before me this ~<day of , • 1 . .;. 1981, by T. Wayne Coker, Pr idcnt o( chromatics, Inc. and Chromat~cs Manufacturing, Inc. My conuniasion ex 1r s: __.~··_..;..:.;..:.. __ _..;. __ _ • Notary Pub,hc Suite 128-B 2480 w. 26th Ave. 0 nver, CO 80211 I • • - • DISTRICT COURT, COUNTY OF ARAPAHOE STATE OF COLORADO CHROMATICS, INC., a Colorado Corporation, and CHROMATICS MANUFACTURING, INC., a Colorado Corporation, Plaintiffs, vs. CITY OF ENGLEWOOD AND GARY R. HIGBEE, Director of Finance, Defendants. • • • Civil Action No. Division MOTION FOR STAY OF PROCEEDINGS COME NOW, Plaintiffs in this matter by and through their Attorneys, Turner, Robinson & Mallon, P.C., and move this honorable Court for an Order staying enforcement or further proceedings by Defendants herein against Plaintiffs during the pendency of this action, and i n support thereof state as follows: 1. SimultanP.ously with thP. presentation of thls Motion, Plaintiffs have filed a Complaint pursuant to Rule 106 CRCP, alleging that the act i ons of Defendants complainPd of in this action were arbitrary and capricious, constituted an abuse of discretion, and PXceeded the ju risdiction of said Defendants; 2. Attached t o Plaintiffs' Complaint is an Affidavit attesting to the truth and accur acy of th e repr~sPntations containPd i n thP Complaint; 3. The granting of this Mot io n for Stay of Proceed i ng s will not prPjudicP DPfPndan s ' rights; and 4. The granttng of this Motion would preserve the statu quo pend ing revtew by thl& Court of the matters set forth 1n Complunt. WHER EFORE, P alnttff rPsp ctfully requPSt th\& Court ent .r an Ord r dtrect1ng thP OPfPnd nLs herPin to stay any nforcemPnt, collectton, or othPr prOCPPdtngs against Plaintiffs with resp ct • I • • , • • • • () 0 to the subject matter of this suit during the pPndency of proceedings herein. Respectfully submitted this ____ day of Septemb ~r, 1981. Address of Plaintiffs: 3211 South Platte River Drive Englewood, Colorado 80110 3231 South Platte River Drive Englewood, Colorado 80110 TURNER, ROBINSON & 1-lALLON, Professional Corporation By: . -=J,_a_m_P._S_,C • fola 11 on , t 0 73 8 ~ AttornPy for Plaintiffs. 2480 West 26th Avenue Suite 128-B Denver, Colorado 80211 456-8858 THIS COURT having examin~d the foregoing Motion for Stay of Proceeding as well as the Co~plaint filed herein pursuant to Rule 106 and the Affidavit attached thereto, and being fully advise1 in the premises: IT IS HEREBY OIWERt::D, ADJUL>Gt.:D AND DECREED that 4111 enforcement, collection or other proceedings which have b~en or may be institut~d by the Def endan ts herein against thP Plaintiffs herein with rPspect to the ~ubject matter of this ~uit arP hereby stayed until furth~r ordPr of thl& Court. Entered thla~t~ay of September, 1981. -2- • I • • • • .. - t•1-"-i tn th~ D :V . SEP 2 ~ 1%1 1.:.\lro(t (I'Ui of, ' At•p•t ... \.Qv nlh C:CI-.1 , - Civil Action No. Y., \ (.\} IL/CC'S Division DISTRICT COURT, COUNTY OF l\RAPAHO!:: STATE OF COLORADO CHROMATICS, INC., a Colorado Corporation, and.CHROMATICS MANUFACTURING, INC., a Colorado Corporation, Plaintiffs, V5. CITY OF ENGLEWOOD AND GARY R. HIGBEE, Director of Finance, Defendants. CITATION AND ORDER TO SHOW CAUSE THIS matter coming before this Court by Complaint with attached Affidavit pursuant to Rule 106 CRCP and the Court having examined the pleadings herein and found them to satisfy the requirements of Rule 106 CRCP, it is hereby ORDERED, ADJUDGeD a~d DECREED as follows: ~ 1. ~h~ Defendants shall appear before this Court on thP ,..J;·· 'day of C /r .l, .. ,;i f~·~('1 ··" 1981 to show cause why the relief sought in Plaintiffs' Complaint should not be granted. 2. The Defendants shall deliver and certify to this Court a full copy of all proceeding s in this matter. 3. A copy of this Citation and Order to Show Cause, together with a Summons and a copy of the Complaint wi th attached Aff i davit hP.re i n sha ll b e served on Defendants in accordancP wi th Rul e 4 CRCP . Ente ,ed th i s.l~~-da y o f ~9~1: r.t:;m :crcou~r ~ ~ STATE or-coLor.:.:>O ! ••· Judg e 1\:i•rtt :'"ce Cou n":.'· C[.RriFICO to~' r :ull , truo end cer· r;ct c~;dii:tho crl.}lu:~ y"Y cu ·.:.dy. DATED .. : .. ~ ....... ./, O.l <JJ':J. EILE M. MANNING A' q;;;:;~~ ~~~~~~ • ..... I • - • • • • Court Filln11 Stamp: IIPI'ER n!l!! rox' me. ' a Colorado corporation' IN Til£ DISTRI CT COUI!'f Pl,untaff, IN AND FOR vs. fl'..OJRE, 11«:., a O:llorado oorporatwn, 1:NX>RE ENGL&O':lO LIMI'IID PJIRIM:PSIIP, . ........................... COUN1Y OP ... /1.~~:~1-'.~.": .. . a Colorado lunited partnership, LARRY Dt.N:".IIN, ~,, ir<'liv.ldual , vi=-Presulc nt and SCcrct.:uy -'of Encore Englcw:xxl Limited Partner,;tnp, and = I throu qh X, lNCWSIVE , general and l.isru.ted partners of Encore Ehgleo.ood r.;mitcd Pnrtncrshlfl, CITY 0 1' OoCT.floDXl, G11R¥ H. HIGBEE, DCNJIJ.D SIYES, IOIN..IJ UJillU15~ U.OYD BRYAN, FRANCES CDSBY, and IQ\IALD BrJ\IClARD , board rrerrbers o f the ~ LIQLOR LICEN SE AIJJlDRIT'i, and 1\UW N. a~~. Director of the Department of Revenue, State o f Colorado, and lEISURE, IN:., a Colorado oorporati.cm, AN D STATE OF COWRADO c.,.., No . ./LD /.((.'(. (::'[• SUMMONS RECEIVED Def endant.o . THE II'EOPIZ OP Tit£ STATE OP COWRAOO TO THE ABOVE NAMED DEFENDANT .S .: .ra.M SEP 30'1981 ''F DEPT. OF ANANCf EIIGUWOOD You are hereby summoned and uired to til W1th the eJ rk ot this court an anower or other ""porue to the atta ched eomplaont. It Rrv1ee t th ummono and eomplault wu made upon you Within the State of Co l<•raUO, you '"' wred to IJI y011r anower or other response wllhln 20 days after such .. rvice u you. It "' o f t.hCl mmon. and cam pi&Jn t wu made upon you out&Jde ot the State or C lorad . )'VII a re ""'U•rt to !tie your r or other ruponoe w1tlun 30 days after ucll aerv · e pon )10"- If you fall to n~e )our app!Jeab uma , jud "''"'' ad • u lad l 28 AL wnttna w11.h in t he by the cou rt for the '• ... I . - • • • • ,., J'JJJ·; '' 1 :·~TH ll "i. •'(JtJHr 1 rl f 1, ('(JlJ!J'I'Y l1; 'II 'I S'l'A'i'f. 01' CIJI!Jt~,\ltll l. 1 . I } /\+. I It II, j~O 1 .. /T I::l~ 'l'III..: .l,x , 1 ~c .• •• L'r>lo: uti.J t;(,l."jJ(JI",ltlCJ 1 Pla tntl l 1, Vt.. I~N CCliH', iNC'. , u Lll 1 ur r"du r:Ot! a·.1 tl<.'n, F.NCOnr l'~CI.i"'~.'001• l.lt\lJ .''It I \HT'H:H.~Illi', . l'r,ltH'·h..!u J iii\J L d • \tliiC..'J'~h l l'• 1./\IUn' 0/Jr·('I\N, ,1n )n d lV Hhl.:'tl, VJC:("-11 C'~:J\1 llt tnU S..JC c.."!L t.1ry l)f Eiai...Ol:~. ltH.:. HHJ JlkU . q .11•1 qc n e r.:l l rhll' \.t.~r of J:nctJrc..· J;nq l I.!WOOU ; Limit !t..l nilr' nctbh.lp, ,a•ld 1"11 ~ I tlir111l'J t} X, l "H .. ~I.U:ilVL, q\.!lll!l I Hh.1 !Jt~lltl'c.i ) j..Jil.lll'h.'J. s uf LtlCO\l· J t\~1."'' c.1 1 ltd l· d I Ptt r l.nCltihl~, t:l'l'Y 01• L~Gl.l Wt)(}IJ, t~.'\,r I • I diG U EI::, DONALD S'l'\'l>'i I •.,\1 D IUNLII·I:s, I li.CJYD 1\l :V AN,' f'H/INt'l·. ):";fl'l, 111cl ) HUNt\Li ~~~·~'t-JC.:HJ\HO 1, '· t d • n·lh.' !"-,., tl1 ' L.'ul Fl~ JI.:IJ I I QUO I~ 1,\, I >: J; lii!IOlU'l'\', l .1 11d AJ./\F'l N ClL\RNl'S, I 1 l..t.'ln 01 ll h.. ) I)( parlml' Ill cd llCI/l!I)Ll•~ I !" t. t f 0 r ) <..'olor.l<hl, ,. n.l J l l!ili!H', INl } f..:ol or.u..lu ~ur1 r \0 ' '~''''I ll: 'I'CM!'O IU\HY l!t.:S\'1</\I NI NG 01~01::11 l'IIIS MJ\'..,•f t.;H. ~(\lfUll(J L.ulol-4,.; lhv l U l o n Pl~.ll lllL((':, MOlJUII tcat.unony, hclVln r v1 w th complc11nt tnd L h c MCllion fur T myora.ry ~eat.ra1nlr.g r r 111 tilt& elton, nd othenn se b<nng fully dvia I 1n tl c pro ••• s tnda "" or<l••ra •• s follows: 1. That p QJntlf{ Wll) 8Uf(U[ imnu h.:tlC ,md 1rrcp.1ri1blc 1n)ury, loa• Ot J.lC nae 1\llt.hon •y n.v nu~ fur lh s foe • r•n• er of 470 Souu. lnc, an !tn re lrac., " o;h c:ta an 1n th11 C ft. dent , CllY ot Eng l e wood L1quor 1\l n " CharP~, Dlccc tor of the Departnt nt f R v ra1e Licen&e oc t d at fro m Defendants, Lncoru, tlru•n;h 1p to Defendant, L l&Urto, ..-tJ l •l r ~,.,,clor 1 t. J.rnpoa~ 1 bl o !or Platntalf top t ct ita rinhta to st~1tl llc~ns Pla>nttC! '• r >qhta to • !< 11 .. fln .ll~ ~~Jcct..:. uls w1Lh Dur nJ~nL¥, Encvt , n • nd n r e n • ood Li 1t d Varlnl!rshtp, nd tta • I • • \ • • • • apvlicat~on for truns(cr of the liccns~ \w 1ch ts curr~nlly suUj~ct Loan Order of Court in Civil Act1on No. SICV1201. 2. Pla>.ntiff hat! prev • ''-y no1.1 fed Defendant.s, C.:1ty of Englewood L>.quor License Authority, and Alan N. Charnes, Oirector of the Department o · Revenu for the State of Colorado, Lhrouqt. the>.r respective counsel that the <Jruntlnq of the apphcot1 n of I lL tcnu~nl, J..oC .ltiUL"I..!, ll(...., for lt,lnbf(~l ul t.h...: ).:.!·:. J'L'[JIIC.:IIluc.J ttull Be veraqe L>.cense from Defenda,,t s, encore, Inc. and Encore Enqlewood Limited Partnersh1p, would bu in violation of Plaintiff's ri<)hts to said license and would render it impossible for Plaintiff to own said l1censo >.n the event of Plaintiff's success in Civil Act 1on No . 81CV120l. Defendants, City of Englewood Liquor L>.cense Authorit ~ and Al<tn tl. Cha rnt!&, Direct:or of t:he Uepartmont of Revenue f6r tho St .. te of Colorado, huvc indiCilted the "I'Pllcution of Defendant, Leisure, Inc. w1ll b gr ~nte d un less a Court Order directing t.hem ct.h rw1~e 1s Ul&Ued. It fu rther .1ppeurs thilL D<.:feu dilllls, Encore, Inc. and E <>Co re l!nq ewood Limlt'-'<1 P.:~rtnershlp, iltt"mfJLcd transfer of lh 3.2 Permunte<l Malt nrv<>rilq<' L1cense mily l>c a bCC4.1Ch 01. thtHr ~19r"UCI1\Ciitt:i Yo'lth l'lolllll lJ (. lL Ultou il)JpCC.ll S lho.~l D fendan s C:1t~· ot En')lc• J I.UJ (.Jt 1 .1 ~c.:.nso Authocl.ty '"and "l..ul N. harnea, 0 r ctor vf the Colora.Ju, ""'Y b ..-n ut h t.he •ppl~c"~' APf •< a hat Pl ln)UL}, rtn r 1 , ho:reby L~c,;en~o wh en J a lex: cvcnuc foe lhc Slutu lLh <ilY ur JUrl&dict.>on t:o grant. u r c, Ira.. It, therefore, t t b tho: h r:r 1~>• und lTTCj •1l rnbJe t.hc1.r cuunt»cl, l' il&On o! the oct1ona of t\.l 1utrcd. r.n <J re I:nglewood L1mlt ,1 >., l.OClUblVl:, .. r.., 1. 2\ ferruente M.tlt 8 verag vf ~1170 Soulh hruntlw.1y, Englo: od, Colora! , Def n nt, Len ut , Inc., ot "ny other p rly Oth t t n Pl Loff, -2 • I • • • • • • 4. OcfcnUunlt., C.1.ly Of t::n9lcwuod, C..lry Jl. lllqlH..:t.!, Donald Styes, ROIIuld Lundors, Lloyd llcy.>n, l'r;>nccs Cosuy, Ronul<l hereby rcstra1ned from ~pptov1n9 any trilnsf~r appl1cat1on wh1ch seeks transfer o ... the 3.2 Fcrmenl('d Mc.1lt U c v~.:raqc Lu.:cntH.! LLum Dt!fc ndant s, Encorc.o, Tnc •. 1nd fncnre EnrJ}, wnocl J.1m1t.C'd P.lrtnC'r:;hJJJ, to Defendant, Leisure, Inc:;:., or dny pdL'ty olhcr than p;.d.l.llllfl. 5. Oe:!cndnnt, Al un N. Clwrnct., U1n:clor of thv Dcpurln\Cnt of Revenue, State of ~olor~do, 19 hereby r~slc~lncd from Lak1ng any act1on whatsoever. 1nclud1no Uut not lllfllted to 1.4pr)t·oval of, any appl1cat >.o n for tr nsfer of the 3. 2 Fcnr.ented ~lal t Dever age L1cense from DctctJdanL$, Encore, In<... uul J.ncorc Englcwoud L1mi Lcd Partne•·shlp,_ to DefPnd nt, L 1suce, Inc., or any party other than Pla1nt1ff. 6 That Defendant, Leisur e, Inc., 1s h roby restra>.nod from soek1nq ~rans{~,-of the J.2 F •mcnl <.1 Hal t DO\oClagc 1.1c nsc from D~tcnd.ants, r.ncorc, lnc. and r.uc<,rc Lnqlcwood l.lmt.tcd Parlncrshlp, ilnd further that o.._-ft•uJ nt, Lu1sUCt..~. l11c., is h rcby ro&lrc.il.ncd frorn OlJCCtllJnq tho J i.1 Uh. »W at J470 ~outh f lC".\lway, LntJ c..:wuoU. that lt may ha'~ 1cc Defendant, C1ty ol E11 held on Sept mi.> r l 7 "h l.a (~~l~<. pru lu,i• on lh <It lh h UL I. ur~u~n to th~ 1 r1vato meelln~ of the I Ll • .&~ 1\.u t.or.l.t:J, -t.tch waa ! t: .... • l · ::...z:a'J I T JU()(;£ I • • - • • • • IN '!'III:: DI5'l'HlC1' COUH 1' HI Mil> 1'01< 'l'tll·: COUNTY 01'' JIRJ\l'IIIIOC STilT!! or COLORJ\00 Civ~l Act~on No. __________ _ AFT ER THE FOX , INC ., o Colorado corporation, I I I I I I Plaintl.ff , vs . I ENCORE, INC ., a Co lorado ) corpo rat ion, ENCORE CNGLEI·J 0 ) COM I'LAlN'l' FOR INJU NCTIVE RELI Et' /\NO DA!VIGES LIMITED PliRl'NERSIIIP, o Co or,do ) limited parlnershl.p, LIIRRY DUI'CAt , ) an individual, Vice-Presl.d nt and ) Secretary of Encore, Inc. and a.naq1nq ) qenera l partner of Encore En q ewood ) Limited Partnerahl.p, and DOCS t rouqh) x. r~CLUSIVE, qenera l and ll i d I partner• of Encore En 1l ood Li~ited 1 Partnerahip, CITY OF ~GL£ U, GA!Y R.) HIGBEE, DONALD STYES , R ;rlD L' DI':RS, ) LI.OYD BRYIIN, t"RANCE COSilY, nn!i ) RONAl .D BLAIICIIA RD, bodrd llol ra 0 t.h ) ENGLEWOOD LI UOR LlC SE AUTH ITr, I and ALAN N CHJ\RNES, Director of th ) Departm nt of Re venue, S ate of ) Co lorado, and I.EISURE, INC., 11 ) Colorodo corporation, ) ) Dete nd o~r~c ... COMES i'.OW th~ l'!a1nti!f, by .u .. J thcough ils iltto1neye , and alleqe s a follo•s• I. Pl illnliJ r is • <..010 o.ld v .:oq..uc.lt lon duly o.IU tt.orl.:< d to conduct bueiness 1n Lh~ tilate o C~lo1~do. Ocfo nJant, L: ... or , j."""·. 1.• ta C.:o orcldo coq>ol~Ation duly utnori&eJ to conJ ct 1n ·~c titwl of Colorado. 3. efenl nt, en Li teJ Partnerahlp, n tne Sl ta t Co "· U< t. and o.. n re, p rtnor ol 1 1n>it od r1 n< • hlp. of t nd.anta \.1 d un no t o lau.t oae neral • the lru • ld h.ave tuc • I • • • • • • res ponsible Wl.th the other Defendants for Lhc .Jet s and 1njur1.es to Plaint if f de scribed herein. 6. Defendant, Gary J!l.gbce, is Director of Finance fo r the C1ty of Englewood, State of Colorado. 7. Defendants, Donald Styes , Honald I.undcrs, Lloy<l llryan , Frances Cosby and Rona ld Blanchard, ~re the duly appointed members of t.he Cl.t!• of Englewood L1.quor License 1\uthor lty. B. Defendant, Alan N. Charncs, is Director of the Depar tment of Revenue, State of Colorado. 9. Defendant, Leisure, Inc., is a Colorado corporat ion duly a uthorized to condu~t bu a1.ness 1n th State of Colorado. 10. On or about Apr1.l 21, 1981, Plain t iff and Defendants, Encore, Inc. and Encore eng lewood Lim lted Par tnership, entered 1.nto an agreement whe re in Pla1nt1.ff agreed to purchase and a a1.d Defendants agreed t o a ll all of the ass~ts of. tho busine s s property known aa "The sou h Door". A copy of sa1<l agreement 1.a attached h ereto, ma rked s Exh ibll A and n.ade a par t h ereof. ll. Pursuant to sa1.d aqreeme nt, Plaintiff made app ll.cation to tho C1.t.y o Englewood for t.hc tr~>nster of J>cfc ndan ts', En cora, Inc. and CncoLe .r.yl.cwvod J..1m t.ad · ... lrLJh..!tShip, l .l~ l'c.HmcnLc<l Mr..tlL Dcv rage Liccna 12. The cloa1n9 ot h {/l't. nt bctw en the Plaintiff <1nd t ho Dofendant.a, l:n r , lncc. a ,;l r ... o, !:n9l"o100d L1m1t.cd Partnershlp, was to o Dafandanta • 3.2 , Fer nte 3. n July 1. f6:nu ... nl., ot the Plaintltf ot 14. On July B, 15 l. l. Oefe ol t e ttana! 1 of aa1d n&e. d ~tore t.he Ufl()n Lh 'tJIIJC·ltlUII L e n5e, L, l!nglu Ll or L1.eena1ny Au thor1.ty, ~••u d ~tloo •1 1.a1on .. ,u d n1ad Pla1ntLff'a pplic tion tor trenaf r , 1!>. On A CJU s. I il. !'] 111t 1' r. :1ut•uant LO ltulo 106( , ( ~, of tho Colora rul • O! ll t COCcthU r l<:d '"' ol"' 11 .)f D fondant's, . Cn9l"wvod L1q r LH nu Jluthor ly, <.111lon clcny1nq r1 1 nt;1 t'a I • • • • • • application for tr ansfe ~::, which case 1s <.;Urn.ontly pen<lln'J 1n the Arapahoe County Diatdct Court bcin'J d CSl i'J IMl<•ct as Civil Action No. 81 CV1201. 16. On August 7, 1981, the llonornblc Charles A. Friedman, Arapahoe County District Judge, issued an Order which ordered the C1ty of En glewood L1quor License Author1 t y to show cause why 1ts dec1sion denying Plaintiff's appli ca t1on fu r transfer should not be reversed, and said order also stayed t ho d ciaion of July 8, 1981, until final order was 1asued in C1vil Action No. 81CV1201. Further, said order ordered the C1ty of Eng lewood Liquor License Authority to cease and desist from withholding the transfer of the 3.2 \ Fer•oented Malt Beverage License pend.lnq final order of th1s a ct.lon . A copy of said order is attached here t o, ~rkcd as Exh ibit B and made a part here of 17. On September 23, 1981, the Defendant, Englewood Liquor License Autho rity , held a privat ••ee ting wher in l.t Considered 0 new app li ca tion f o r the t1~11\ f·~r of Ucfcndunlc', Encore, Inc. and En c ore Englewood T.1.m it.c d l'.:.rtnorahi],l, 3.2\ Fermented Mal t Bevoraqo I.1cenae to a new All ll cant , Loiauro , Inc. 18. Said pr l VAte me eting .J& held without eny noll.ce to t.he public,or mo r e ap ~Jfico1ly, o tht• l'I,J1nt if !, who w a the lawful owne r of said l1cen ae pursuant to the Ord r of Court (Exh l.blt Bl • 19. ~ ly th1rty m1nutea to one hou r before tho p rivate aeet1n9 ot Sevt r <J, 1981, P &1nt1ff heard hat there ~19ht be a transfer h~ r n9 on t 3.2 B ver~ge 1~enae wh1 c h he had on tracte for a r cesv d a s ay ord r on, and P a1ntiff i ediat ly c nt cted ita couna•l. Pla1n 1f and 1ta r un sel atte pted to ot enJ the cut 1. ng and w ro dLnu,ul ny opportun1ty to part1c1pat 1n th t1ng or to have c ou rt reporter protton~ al the En gl od 1,1quor L>c n o 1nq nd'" •o inCot·~t·u that uof<nu.sn~. 1\ •t orily, would , Cl ron th n••w I •c n ... I • • • • • applicat1on rcqardlLS S of the c ourt orc.ll!l.: und Lhc PlDJ..nl ti i • s rights to said license, and, in fact, on September 23, 1981, Defendant, Englewood L1quor License 1\uthority, granted the appl1cation for tra ns fer which was filed by Defendant, Leisure, Inc. 20. Subsequent to the ac t~on taken by Defendant, City of Englewood Liquor License Author1ty, Plaintiff's counsel has contacted both the Attorney General's of Cicc of the stuLe of Colorado, wh~ch is counsel for Defendant, Aldn N. Charnes, Director of the Departn~nl of Revenue for the state of Colorado, and the c1ty attorney for the City of Englewood and has been 1nfoCDed that the transfer application of Defendant, Le1sure, Inc., will be processed 1n tho norMAl fash1on and ultimate ly be approved unless Plaint iff obtii.Lnll a Court order directing Defendants, City of Englewood 'Liquor lo1cons1nq Authoc1ty nnd the Department ot Revenue for the State of Color d o, t Wllhhold the qrantlny ot tho applic11tion of Defenda t, Leisur e, Inc. 21. Tho eta taken by the Duf~ndunts, Encore, Inc., J.;ncore Cnqlewood Limlte<.l 1' rl.ncrslo l£• uncJ lho City of Eny ewvod L~quor License Autho 11t~, e descr ibed •Uov , arc 1n v1ola1.1on of l.ll previous ord r of the Cc.urt in <.:1 vll 1\Ctlon • 81CVl201, and aro desi gned to, nd 1 n ct ual1ty Wlll, if not r eatra>nad, destroy Plalntitf's r1gh ts to t s 3.2 Fe rm ented Malt Beverage L1conae in issue hora1n. 22. P'urthe1 u1-on in forma Lon r.J l.>o lie!, Pl;nnt Lf f alleges tha t tt.e pur pc.c t ~ t1 na ec ot the J. 2 FeriDCnted Malt a veraqs Licer.ae to D 'endant., L is rc , 1nc., wh ch was approved un wCplUini)QC 2l, 1.6 lra furr " lln !cnt! .. llL, J .. n,.o:orc nqlewocd Ll lt d Pa.tn r I. l)ldJ.O~J f r 1 Af•cr u. rox, Ir ,c., all qea tn~t the or1g1n l.£\ erlf nt" ,,}l DCVClil<}t; L unac wh ich was to be tt an sf 1 to Pla1nl1ft was own d by Defen dant, f:n(.;Or , Inc. ~nd not Ocf nun , Erc.:or' r.n•lll•wnud r.i"'it. ..... J P~1r1 ncrah1p, and that th t h D r .• v r ran ap llc.t1011 Cur trans! r 11 0 -4 - ---.----- • I • - • • • • Defendant, Encore, Inc . to Dcfcnd~nt, Encore Englewood L1 m1L~u Partnership, and accordingly, Defendant, City of Englewood Liquor License Authority , was without jur1sdiction or author1ty to grant any application from Defendant, Encore Englewood Limited Pa.rtncrshl.p, to any part v . 23. The actions of Defendants, t:ncore, Inc . and Encore Englewood Lilnited Pa rtner shi p , urc also in vi o lal>on of Lh<:J.r agreements with Plaintl.ff and if th e ir anL1cipated breach of the agreements is not enJoined before thu brc.,ch vccurs, Plu1nt1 f ! Wl.ll be irreparably damaged in that the busl.ness it has contracted to purchase shall pas s to a th1rd party , De fen dant, Leisure , Inc., a nd ~e nder the Plaintiff's ubl.ll.ties to own s aid business imposs1ble. 24. The business being pu.rchased by P la1ntiff operates as a 3 .2\ n1ghtclub nnd wjthout tho nocosso•1·y 3.2 \ Fermented Malt Beverage L~cenae, sa id bus1n as ~£ of no val~u, and c~na ~quently , if the l1cen se for said bus1nes s is transferred to ~ th1rd party while Pluintif f also h os c rta1n rights to suid license, Plaint 1ff's ubillt1 s Lo prot ect those ri9hts wtll be ucsLroyad. 25. Unle s s all De!enda nta h r •·• a r e e nj oined !rom allowing lhc tra nsfu.c irum e:Con dD nt b, Lttco.:e, lnc . ..Jnd En~ure Englewood Li ll d P1at •or sh >t-• to Dcfen<J.nt, l.cisurc , Inc., l'lu ~nti.f ( will be >rreparab y da 9ed. 26. Due to the c lena of t1 Ot•f mlan ts .. s u .. s-..c >l..ed abov<:, .:.uul \.h i.. .lnt.iCJ.V.JtLd .. h •. 1Uil9 o( til D r, 11(),, •• t.i, p I .• J.IlLJ r II b I ') adequace • medy at w n I ly t;h r.sn ~119 of th1 ro.:quost; for pr e l.lftl.na~y inJ ur y. JUne ion .,L ~r t ct 1. n t~f! ftum 1rroparable 27. s 1d ct on o! h01ve also resulte" .in ~c 1. in th 1t has been fot~o 1 t o 1nc ' I 11.1or: • a ~ t forth above, Lo ~nL1f. 111 t; t.orr. y • s f eea to protec t 1ts ri2htti !endants. h un .~r~l .. nd unJ U~t ~f•., lu uct~ of -~ - • I • - • • • • liHEREFORE, Plaintiff prays as follows: l. That Defendant s, Encore, lnc ., Encore Engl e wood Lim1tcd Partnership, Larry Duncan and Does I through X, ln cl u s1vc, be preliminar 1ly and pe.:ma .. ent 1 y IIJvl ned from transferring the 3. 2 t ferme nted Ma lt Be verage L1ccnsc: win ch is located on the premises of 5470 South nroadway, Englewood, Colorado, to Defendant, Le1sure, Inc.,or any party other than Pla1ntiff. 2. That Defendants, City of ~~1\<f lc wood, Gar:t n . lligbce, Donald Styes, Ronald Lunders, Lloyd Dryan, Frances Cosby, Ronald Blanchard and City of Englewood L1qu<:>r r.1 cc nsc Authority, be prelim1narily and perman ntly enJoined from approving any transfer app l1cation which seeks tr.1n efer of the 3.2\ rcrmented Halt Beverage License from .Defendanta, Enco re, Inc. and Encore Englewood Limited Partnership , to Defendan t, l.<nsure, Inc., or nny part.y other than Pla1ntiff. 3. That Defendant, Alan tl. Charnes, Direc tor of the Department of Rov enuo, St.ato of Cu <J.C.ldo, l..c prul1minur J.l y .1nd permanently enJoi ned f r o m t.1 1n') nny ncl1011 whuts "'"r, inc ucling b u t not limited to approval of, any applu:.11 >On Cur l ransfur of tho 3. 2\ t'er me nted Halt Be verage L1cens fro D"f<..ndunts, Encore, Inc. and Encore Englewood LlNlted P.1rtnereh1p, to D f~ndant, Leisure, Inc., or any party oth 1 than Pla1nt 1 !l. 4. That D fend nt, Le1 ure, Inc., be pre l1m1narily nnd porm"'n ntly CllJO ~U'-.:0 from ~C(.;klr.q tt.tnt.ler of the J.:t· t·l.lrmonl.cd Malt Beverage License from Defendant•. Encore, Inc. ~nU £ncor~ En9lewood Li1nited Part.n rahip, .ond further tha fend nt, Leiaure, Inc. b preliminarily and p ·rmuncntl~ en u1n •I fru op<.:raun lh 1Ju011nua11 t 5470 Sout.h Broadway, Euqlcw , C lor~dn purauant to ony J. \ Fermen•ed Malt B v rage L>cenae thal 1t ~ y have rece1v d ~ureuant t.o the priv te eet~ng o~ tho D ud nt, Clly of Engl wood L1quor Licenao 11uthor1ty, h1ch w • h ld Ol\ I' o h c 23, 1981. ~. Th t. rl.•••tltl mo.1qce .:~g1unat. all the Dalen nte tein n n •mount h. not capable or a<.:erteinrnent t thu t1 , by rea1>0n of all the 0 ndDnlli ot10n1 witt. r er ct to Pla1nt1Cf'a • pl1cat1on for tranat r of the 3.2\ re' nted Holt Beverage L1cenae. -" -... .· '• I • • - • • • • • • 6. 'that P lain tiff be awarded 1t,; cost s of th1 s ..a ctjoll, attorn<!y' s fees and such o t!1 er a.l<i fur t her re lief as to the Court seems proper in the premises . Respectfully submitted , -1 - • I • .. • • • • Til lS 1\CIH:LMI.I'I'l' L lll.•'lt ·d 1111• '" •l .i y •• , al lh..nvt:.!r , Cnltu i.llk>, ··LrC l tlo-•llcr a:c fcr tl!d Lo o~:... :;Lt.l.l'lt .n1d td .,, I~ ''I ll. I 0 }:, llllhJ l h.!l o~ '1'111: S Oli l'll DOOR , hcl'C:lll <iflcr n~tc:rll'd t " .,:; ll1•' II USl~bS~, "' 111 .11 own<.:r o f I ht ~ \-JIIEHEr-.5, &cllt!J" jh ~l Culor •. Hl•• lo l 'l l ll~d l'Ullllc,~.I IL• \._thl.\'!l 1:. Lh(! SO}P OWUl ~l" or the )L&:-.anc• .. h ,, 111d h'II J~RCI\S~ ciH~ OU!ol lh. :,s h.t1-o .H •. n I • •. hI h C:()t \ ,J •,l u : ol ,~:.J~.t· • n I ll•• ~~.:.d pro,, ... L'/ .. 1tHI b,,,Jtlutot h.., ..... ,,hd il · .• 17(1 :..,, tlll I!. ,,h \.-IH~; , ... nJturc .. uHl fl);.lU l•':~ lu\..::\lf •d 1.h •nn1: h.• I•' HI oo'l•oll ol lt 'j 1 ~•ld hiiJ,HI:/\~.,, ,.1 lltt do:o111 :, l11 :.• 11 oi l •fl Ill • ol !o'ot l•, II II H' I ll jllllf I "i l "' I lh " ,,,, t :. ''' llu· ,.t Cor lh; 0\oJ, •n :L:Ullt IE, lt,o L.,,r-tl..: Ju •~·• j' 1n conE .. .uh.nu 1.011 cJf Lt."" .t•tr\!t~ ·•• fol to s ; ... ,,..uy ,i) l ,, r llu .-u.-., til ur tlh UUUIIU• ~ I 1~0 ." Jo.nu. JT. T lr l( • •• lilf f'u rc It 1 . uf l~ll,UOO.OO tor I h• I l l tul!t tW..,ItJ r u 1 II .,10,1100,(1 I' I . •• h ... ,, l"' ' ... ' ,,) I• r.;,,ll, J ;lJlc\ \'Ur (I .1 • r Ull t \ •I II I lllol\' l t iJ•' ... t ,•ru• .. ...... H ,,, ...... ... , . .. ,.,. ... •• 'I ' ''''I nf ' " I 'II"\ lh. ltl. : .. I II 1 ,., .. ..,. ..... .. , • ••• I' J.lll .. "' lltt. ft. lUI' \l .. li • 1. l ~ II .. ,.l t .. 1u • It .... " I I ~·· 'l"'' tttl:il I I • ( • • • • il.hin t llJ.rl y (30) cl l&yf; o( i t u I C:L"' l jll 'I ''"''''~" fn''" PtltTh.a~.,v 1• d c'ma n ding t h e r e tu rn of sa~d mo n ~cs . 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Novt·mbc.L 1, 19 01 , ":;C),u ,_,,()du e .:1n tl fhlyrthl(•, 2 . /\U gUAl l, 19tl ~, $7:i,Oilil OtJ •liiC «nd payabl,. :1 l R spcci f l cU ll y '11• crl hy and bclwt·t •n 111 .-f••'r ll t ~ h( rrlo l h .1l tlu,_· ,·,,r '-'hOlh 'l' .a l ''"Y ll.IUtl t :1 }' p rcp.1y l h ~ I'• utt IJ • tl u .• ount WJ t hr .. nll ~~~.'!!•Illy • •r c lw t fJ \! oJ u ny n .. alu a-l! h •1 WJ .:u&KL'1iUii• ·d t '' 1 II•• f'Ut Clldt..Lr hy n•t:•bon 01 J ll .. 'l'h\,; F-' .. u·t J.ua I•Jr('C!' Ln u 1 h• d, ,, -•••f ·l"'t .&.Oiu d "'u r ,•J .. ,t,. )Jr u .:, tn .J l l u c a lloco~·cd to furni t ure, fixlur o111 tl L<J Ul pm•·nt. 1V, ;,<.:.11~1 J.,p,,,. lo it8S1CJII l l!. lo .. ,.": ''" ltn. p to p~·rl y, rJ l•u.tl<.lJIHJ to the 1'u rch::nc1. Sc l l<...r fu rl h··r '''" \.:r. ll •·•L ,,r.t' ...tn<l 1ll • H 1.0n s t o r •o<;w .'i.ll<i lC".1Sr wh1ch it o\ , h., I J ht ott Hph .. :U IO f'U r •h 1St r, ···l lt..•r -:'HJll..::• ~ lO rcu ,lJ n J.l l ,j ~OSl lHt -f1l •t.:'-l•n ,l,uy •CJ»l)(Jt ah .. n l.ll•f ut rh,... lease . r•ur\.:ha a cr ag1cos lo 1\•lln! f:n ort:, Jt corporlll t cd ..l:t a • dd ltlonol 1naur~d · n •: 'pldbll nliur .t , , f"-' J<;l\.:lt, .. .11 r llll'tth.;l <I<JrNla to u l hcst (fort lu ul .t ,,.n I a Ot'• ••J>•tO ~w l llcL· JS 1.11t1t IJ U li lttu 1\qa ~· ''•l.lln.lncJ l ~ut~•., .. 1 i t&." " 1 tH t ''" ••&: "'"' ,., ,,, Lho h.=,,t.., to J•u r che&liC;!r. ••U jl 'I •IJt!I IQ V~al J lll•l elf" 1 tltt• nt II dl lk I Ill otlld PI I lnd nu Cut '-'"'-' ''' lf"C l. • I • I • • • • • . /. V '!'his 11'11 <'<111\t·ll l. IS Z•::J ·I • :<·.1• ,.;,, !tl ""'"'! "'"'" l'l <i<.h., ,, ,/u i>Lain>~l9 u~pro vu l l O J Lh..: LC.JtHol <:r •d [;,, '· '. Cc'rtLl'll lt·u 111~!L iJ t.."~Vl!rlHJ C lice nse fro m th ~ lot.'.J J llP 'II S 111 q ,ut t"''-1 Ly . un o~b lt: to obtain sni<.l ,lppt'OV rll, lht•n tl 11 ; l .'llo 't.!ln V nl :-.la ~tll IJt' 11 U 1 111 d voJ<.l ,1 nU of no f o 1 c.:c lind t.'l lt.·•·t. 1 hro u rJh Apri l 19, 19tH, li nd flurclld SL.'t o~·;rl ••:• Lu ntt..~intcd n COlli!'•',.."' L J ... 1n su r unce f rom 1\pr il i(J, 19 81 un ttl Jt !i ·'l 4dlqoJ LJons und er t ht.: Aqr ..:._. ('C'.J:;c . l t 1s agreed .1nd und e rstoo d t h 1 L l•u~t ·l~ttsct· w 1 Jl Le f ll toJIIC.L r'\l 1 J L .d J!c (o r ol}l C OSt S, C XPl'IH •C'B, CLC.:., l.lll ll t i"l't1 10 l h c OtJC!'oltJ.u ns o .. I lie lHISi.OCbS, VII. 1'hc Scll ri-w..a r t ants ~~.HH 1 qu t l'dlt lc ··~ tu p ay .. all .ll nU.tlit l ,J lhC fl U S lOC SS U6 O f l hL ClO!li.UCj d .ll t 11 1 Ill i .i Aqr....:<.'llll!l•t . ;,, come rlu c _ Purch a s er .t.~hn ll se n d \'f'r ll l ,••l 11l .t J • ,. of s o ld t,;l.li m ' 0 II \l 1 Ct: J.O Wh lC:h J.t IIW~' th.:t t..Clft l nc WhCLih 'l oil 1 J L.llJJ )lly ~UO U!d !Jl.; Wllh rcRpc~L Lo &ald 1J .1 1.t l l \Ly, th e n l'tlt<ll ,, , , JI1~Y <•l L L:. U.u .. \.r '\J. 0 ,t S C"ll c r l.11la. cr t\!1ut.c lo r o i mlJ u L &.o I 'U tdJ.t S Lc, ll u..:n l'u u .h .atH.n . 1.11)' WtthholcJ ,Jn il mo u r~t.: ·qu "'l t.o thl.· lt .tlHl Jt v t -nrn th ~..; n c)(t 1<~1"1 0'-01 I' IJ c.l L O ll u; h ot l i .. t.\Cll11 11 u ( J1tJt\.:h , a.c t.. V J l J. S •l l\•r '-'.Jt l d ll l t' an;l ''''·'L ·I•''' ·· 'l h ll l fu.• '"''""'...: u 11 thC! 11 1 th t .. "lU J.l .n ,.n) 111111, r :. o t l ht.• dllt , lftf t\lff"C ir. Ill. lll.i l " o u ,l u • .a:ru -.;o.llt •t th •·•L of t.l• 1111 •I l l'lil •'ln.t n.~al 1'110 I • r J"" HJr< •• 1l lt l t '9 • l.•H y, Utll\.t lh.t l j 1 h t ·•· •'n lnr ), 1 r ~~·,, n L •111 tlu ,.,, JK• l 1 I I IU •, VII tit,• t.J,tl• t1 t, h t l I ., Ll ' ;•t I • • l•t. I J , a 'u u la. ' • • I lit.; •I ll' O( U' I al, u ft ~l '''• • I • •' • - • • / / //" X J. '!'he UU !i 1J Jc :!.Jb cur.rently n p•·c·.,t .•:: II Jc d ... •t th•· ll <~ll •c n J 'l'l 11.' / .:c,utll lh.lUI", o1 ).l '! h c c ·1 l ct •JIIt.c.:lul ' )c.c cl ot! I '··i/t l !;•,ll ll c B c••.t dW .I f , .:n glcwood , Colorado, .:tnd llh"' 3.2 ·;. f -.·1 111· u t "J ,c ,d L L VCL .J ~i ~:,; I J.C'<·t c:,:L r ·unc ol t he nightclu b .. any time: nt·to r cl••:i cll'l c,,. when u \;r~.-c ·U u.,. t.~· !,. 1 l<.>r . X l!. Se l ler ~11 1t t t•u Lc.:h.HH.:t· .ltJi l!l ''"'' ll u ccml l.'niJtl.ci..."d ~;.th · v f th e OUSl lli.!SS us s e t J 01. th in lhJ.tt 1\q cc·••tm:n l t'.JIIIlO L b e (.;(J !"''~u nun41l u d lljJ(.)Il whu..h the bUSll h .. :SS is localt:d o( 1 h c· ;, •. 11-.·t·' H .&~aic.Jnnt LL l o( th o csc-to Pu rchaser. Seller and Purch .J:;c...·r J u r t hur ilCJ l"Cc th u t the : c:J lc-r' 5I 3 . 2~ ferntont~d m.Jll l14UOt i i c ··u~)·· t '~ l'UJ'Cho1 scr . 1\. C omnt u l l<~liHJ A1 r1l 'J, I'JH 1, f•u •·•:hLI HU I :,h.,JJ u p•r.lll• H i tatn,;t.J by U \C IJUtl l OCfo ~ )H'JO&." lO 1\prl l .. iJ ~ l'JHl , ~u•tl !,.;<.:llo •t ...t':)r \.:t·& tJI,,I .n,y .11 d .1 J l J t ~tl .. l ll l J t 'a• .l ll lU&t r ,l •V t u h u •:ltu·: •.• l d i ••J tc.. ''1".1 1 !U, •'I B I, ho d ! !....: l'·'>d 10 l ull !'•"''" Ln II J 1 rJ U , 1981. c. l u n.-h aHa -.h.Jll b e cnt ,tl••l It~ rc Lutn tluy .1nJ 4,11 n • .r u l h a ''•IJICCii O••ntdt~ ·•l llr'u ""''J o f II • •ll.i lh • li t r.l 1.0 1' h "" l h t & IH)I • •llKnt J c.r ,,...,). I . ~«.:)l,L' •hll,•l lh1l llh ~~ • t t iiOII du q ,u lh•r '-. .. tlloPJ I 110 IIJ I I • .. • • ( • • • • F . Pun ·la .l:H.·t· .HJf•'•!~i llt .tl •' \ •II J•·•l di.lt ·c·t l y ''' !'r •!l ,·r I h t : utjJ'(:t,. d Lo III.JIIoHf t!f' 1 t; t..:OIIIlJI~I H:oill ')ll , d d t: :;o •llt!l .!•lt t·t .• I l td! tL Wlll pay ua1d c.:o mpcnsut.l ull <h .r<:Ct.ly Lu 1 L:• '''''''-'fJ '..:L. G . Sr•11ct dlp;l •t•;. lltdl •'Ill t-It ..... 1 IUoi'/ f.:l tollt•Jt' 1 1 •• lhtllh <JI t h\: llU!ilncs s ut .uly llme .1ftnr l \fJt J I .'fl , i'Hn. II. Purc h~l:H"l' olf)rcc s tho~L lillY lt •,'1H<!l1o]ct illlprt.J V(:JU (•I)l:.i shall l>c free and t.:lC:UJ: of any 1 i\!n.:. .tud/,H cnc u :nU ttln<.:~~ .. t nd ~h-..1 \l bf~cornc tho propr:1 ty of tho Scllrr J f I h•· c·r•t ll P lt lj •l.ilt ·rl : .. , H· of lhc llusiness ..ts ~c l fort h in tl1ih 1\qn·· "'e ut ts nlJL consummut~d. Purchilscr agrc :» to 1ndPrnn i£y S t.::t l ••r :111 •W( lo~ro Lr.~ Uu ~ !:;••lh.•t~ r<.:sulling from l1cn::. and/uc cncun,bt ,~r .c . ;.t t•ll ''"Y h .:.,schold .lmptCJvcmunL!:L 1. llul-(.;hoJ:.<.t oJylccs lh .. tl du1 II.•, tlh ! lcnn of this 1\yrt:!:untt :n t , h ... shall ma1 nt•un th o insurance which i" n•n·ontly being mn ir.l<'llned uy ~~llut·, ~.and th .. ~L he t»lhdl p ;ty I.Ji , 111, ,,.,,,<..·'" IJf c...llH\Jlll! d Jr t.~t..ly L<J Seller's l.nsu r..u ,(:t.: cnmp.,ny. 1-'ur lh t•t , •.• J J(•r .tnrl l'urcuo~.>\ 1 d JT•·( lh .Jt lhc jn:~ul",llll.!t f•l'l!III J.UII•!o · :h ol }., IH'OI'dlt •t.l I nmt IJ i, di l l Jl l!Xl.!t.:Ul Ill! I O t lhJh fHJI \.'(:111( Itt. J . Vut·c..:h utif.J J •lffJ'l. .. lS lhdl I r h·· h •• r, nut otJL.du~·c.J lr,&li!,.ol • r or IJH.' J .J."! h •t'lltt..;lll.··c...l malt lii(UUI ,,, I If·•' ,.,lth Jil t ln r·ty t J II ) d •y:. vi PXt-CUllOI\ of lhlti 1\tp. t 'flll. Il l, lh1..'11, .uul lit llhJL tJVCfll, h (..; ~h,el\ ~..&y tCJ hcl l...:c lhc sum v1 I JVO IJ trh tn ~d L>ull-,tJ: ( ... '~h U.OO). ,.-w -tl•vr_ PutCiheSur •'9100s lho1l fo1 aach addJlJonlll lh11ty 11'11 d "}'S t h .tl(·lS ln which he h.1s n ot oiJtdlll·• .J lr""" "I ol lh, J.: •· <·ncn l ••d mull l <JUC.l l >c:cn s he h Jl p.:ty Si 1 h ,Hl lOClt;il&u u ( 'J'wo 'l'ltuu-.,tnci f f \ t~ llunUr't'•d flo l l.,ro (~J,ruo.ul)) l)C.t ' lh1Jl.)' (iO) tJJy IH II u l; '.fJ., lt l 'u•'-h'~'-t h ... -: IIQl uLl\JJflt:tl auld l l l t •'" WlllHl !)!IV (ftll) ct.•'"/ .. , ha thf l !JA:J !i<.;llCJt lhu ,,. of Tn<cc 1'lou c.1 IX> l. J, 0 t•,url): tl l'ur chOb~:C 11 1:; n ul obt.lllll.' •• HI 'lt'"''"' 'Wltl• I I..,, .• '\1 (•J d ti1Vt h .. h.Jl p..l)' <JIJ r t u( II \\ ,, I ll'vo..• tr unu ru t ol :a• II) IIU:I • •J un h I I II I • •• 1 U ••t h (,J J .,.Jt,tll '•''" ~~ •I plt.:ol lu l hc;: f.1 r"h I 1\,;'", l•Ul a .. h.t ~ '-fln :uU tL;d lC!h Lly .JS t•. ln t la t.'"'" 11 u t c.:h a'' t h l.:lll Lu tlh .. , .. 1'Jh •••' •l l.t ,.. , ' ll•• t r.,n:.&• 1 ut L t~ J ... lc..1 ut II' lt lJ.•Ju 1t l .l'"' n , l'urt.t•" tu '' \.1Jtt1 Lu Qj a , l:1 un u ( I •'-<e II lili \ (J ( ht ~ J l C I lnnq WI fit I 1 t..IILJ H 1Ut1UlUf 1 f l \.lh( •lhcl • •tU 11 nt u.; • ' ;n LJ. Uli. t.: Ita till 1• t I t U It 1 u( t l,t JIU 1 ~t.ll tt~l .. \: ..: u 'r 1. J ~ v r • " ' 1 \.It&t I U .. , .. ... ., - I • - ( ( • • • • wrilin<] and <lcl1vurcd to t.hc folJuWII H! .cdd1 ··s ~.i<.!S: EncoJ·c t::ny lcwood Liml Led 1':1 L Lnc.!t. ~iu l' 1 5~ Madison Suite )2) Denver, Colorudo 80 20 9 /\It ('I t.htJ Fox, lnc..:. --:..1'/o ~;outh Uroudwc~y t-:u ·1 l•·wooc.1, CoJorinlo EHJt 10 XIV. Closiny of this Aqt·•·£:tnl nt bh..Jll h(_• ill such {JJ.:-1cc ctnd time ns the p...t.t"Ll\!!J m .... y .&'!•-"' . XV. Se ller. JssunH.:s ,tll 1 l•lll i I i Ly fur uny :·l!al tor's indemnify Purchaser for the samo . l"'lwccn the parties hereto <>nd shall Lh · l•i.ndin') upon .md inure Lo the benefit of the lcqal rcprc •s<·nl o~t I V,·:. un<l i'!j!'<iiy n .;, of Lh r \'lrj Lton. SEt,J.EH: l'lllll.'ll/\!.t;u: '. hy: ______ _ 1\ll.<·&t: _____ _ -----suc;-~Lar~~ I, • ·.· • I • - • • • • lN TIP·: l.)j~:·J'l:t(''l' l''I I,J~''I' J '! •· .• , Civ i l /\ct l Olt iltt. U lCV 1 -'ti: /ol'"l'I:J ~ 'J'IIE F OX, INC . ct CnJt.r<tC.:.o corpurnl i on , Vti. C.:ITY 01' 1:. GLF.IWOD, (,1\HY .~. IIJGr.J:C: O(•HI\LD S1'YJ;f;, T:dlltJ,I> l.U;o.:r,:Hf., l.l.OYn BU Yt,:l, H<~'.Cl:S CO SI Y, illld nON/II,l• lll>II!-!Cifi\IUJ t.~,"\rd mC"r·l'• rs of l h~ f.!~Cl.l~~:o,J ;l T.Jr!'_TOI ' l.lCl:N~t: /~liJ :,,,u-;·,,, u.ul i\• .. ·,j,.: • CH d;.-!&S, n11,:f'lor ol t!.t' l)~ptl.&.l t Pnl of .o·VtllVP, !"'~o .. l<.• or ('olol:'-!tlu, I , }I , , qc l J f1H t \ha 11 I u t lk"v U 1 •••• & Ol ~h I\ •' II 1 J \ '1 norn c :n•L•. J. 111n1 t1 I)' ( •• '1u I fi} i 0 1h I I "f ... r .. '· lo I. 111.11 t: •. , ... , . .. ''· . ). .... II •• •I , I ... ' I I 'J •I I I • •' .• 'J'IIL ', '• ••Y (;' j•l I lf'(·J ; •It •· J L', I ,f ! . ~ I I ,,.,'tiL(,, , f " I ( I .1 • It t .hh.llf I ,"\J •I tit• J•ll •• l.l<. I 1 • I " . .. I . - ... I • • • • 3. 'l'hat th& City of Enylc>.'Ou<l J.i<JUCII' L~ecns<· the :J.2 liquor liecm:;e pc•ntling fin.ol or<lc,. in thi" aeUun. 4. Thilt the City of En<Jh.lloocl J.iqu"r Liccn:;c 1\ulhority s how caune why its <lctentin~t•on <lcr.ying the tr<lns- ff.!r of lho 3.2t fc-nnt'11luV m.:alL l HJUOI lu.·t o!J(.J lu llll.• l'l'l j lilti\C '.n. should not be reversed. !>. 'l'h:tt tho ket;von<lc',!_lt; •. ,·rl J ry lo tldr. ('nurl 011 nr before the ~dLty of~~-;(_, j , 1981, at .£ ' J../.--.M ., the complete r cord of t.hc proc-.. cding:;, JncludliHJ o tronr,e, ipt of nll thti tuBtimony, files, reeorclc, cxhii.Jittl and aff1.dav1ts in possess- 1on of the City of (,nglewoo<l LHJUUr J '"''1\tJ(: 1\ulhority ~Jur:::uont to th u hcb~inO h eld Ln Jnly 1, 1~81. • II lj - UONB /\NO S1Gilt::O JH OPE~ C..'CllJit"J' lid n __ I_: __ <lily of August, 1981. bY 'I'll.: t:OUJl'l': ' ) • .• -I : .. '! _./_ ·' Jutlye .. • I • • - • • • • .lN 'J'IIJ-: I ;I :;'!'1: I\'': t '( I Ilii'!' I il f ' IlL Ctv i l 1\cl:jc,n f-lq. 1\I"'l'f;;t 'J'Iil: I'OX, INC., " Co lor.;d'' t .'tl i 'JXU '.Il. i nu, l'ltt LIILJ I f ~ v : •. l.:NC h.l, J tH..:. , ,, Cu ~.,t-. dtJ c:orn,t·;ttlon, t:t~COill I ·· .. (d.J.\·,tYln '\.'t.l•t•J:II l'."ll'rtH .. RSill.P, ·' \'ul• 1 .,!,, 1 intll• t1 ... , t th.•r,hiJ•, , .1 ,;;•: lll'''<'AN, ,tn .lnthVH1lh1l , Vl<r..'t!-11, SiJv iU ntHi $ecr~t.'r" v f CJ",cC'lrt.•, Inc. :tnc1 m..tn ,rpu., f'JC..'Ih'\'tj •Jdt·ln~,;r nf lnt-nr,• J n•Jl.._ • ...,,.,,cl 1.11nJll."d Jl,,Jt tiiC!:&h iu, .trtd l'lOl :~ l thruu ,1,) X , l ~C:t.U:,JVr::, \)<'OC';,,I .tl•tl l r n rl••d } p ..11 Lth. ,.:J ot Lueor,, I " l•'Wotld t.jm tl. ·cl l'llr lno sh 1 •. CI'l'Y 01 I.Nl;r,J;WOOn, l;I\I·Y 1•. I IIIGIJI:E., OOM:LD !iTYt;S, IIONI\!.D t.UNlll'l'!i, I l,I.OYD IIRY.\ , ~'RI\NCI;,, < OSilY, .md I HONI\J.f) Ul.,..tiCII ARD, ho u 1l m..'tnh~-1!. ul II " ) l.NGt.I·.wOOil f,JI)UOR l.l l'l I~Sl: ·\l''l'IUll' L'rY, ollll 11111"1 N. CII,\I1Nf S, IlJH·t'I<H lot I Ill • n cpnrtn nt of Rovcnu •"'. st .. 1tr: of t:uluro~do , .. 11uJ t.l J.Sl!HI, IUt '., ·• t.:oloL·-.1t.Jo corpoL·,1t1.on, VEHH'IEO MO'l'ION VOl< T~MPO RAR Y RE STRA I NING ORDER COI~ES NOW the PlnJ.nlJ 1 :, tly und ll u·ou yh ita atlornoya, Tinkler ' Ca rwin, illld HlOvca Lh•s llo norli!JIC' C'ou rt fo r o lur r>er"'Y r stra ning ord er . II& grounds therefor, the Pla1ntll! doth at11tea : l . Platnttf( &a a Color du ~ • r.ltlOr• dUl) oiULhOt l.•ud to conduct bu eJ.no a a J.n the State of c lorildo. 0.1end nL, OCOE • lnc., 1a Color o corporat 1on duly authorJ.zed to c~ndu~t uua1n •• 1n th btat o! ~olorudo. 3. Dofendanl, encore EnJl J.a • Colorado 11 ~1 c p•rtn r& If Colorado. od 1.11111 t JIIQ bu I P rtn retnp, • 11 t to nf 4 . !end nt, !. rry n ... r, 111 ot r.n ore, Inc . an n 1nf nd n 9109 9 ner p•rt.ne o r d Ll ll d ertl\ r J.p. ~. The tr'U U d h< I 1n tnro .. x. to lunt.lf wh o • r 11 fr hell lOU .. •J.n I C Wll .. ~. l the ttue ld n It lOU a d ca ltl • n th I • • .. , • • • • same have been asce r tained. Docs I th rough X, and c.:>c h of t h e m, are responsible with the other Defendants for the acts and injuries to Plaintiff described herein. 6. Defendant, Gary ll~gbcc, is Director o( l'ina nce for the City of Englewood, State of Colorado. 7 . Defendants, Donald Styes, Ronald Lunder&, Lloyd Bryan, 1:-rancos Cos by a nd Ro n.:altl Dl.!ll nch oJri.J , tlrt• t he d uly u.ppoin t t •tl mcull,l.!r!J of the City of Englewood Li quor License Aut hority . 8. Defendant, Alan ll. Char ne e, >S Di r e ctor of the Department of Revenue , State of Co lorado . 9. Defendant , Le isure , Inc ., is a Colorado corporal>on duly authorized to conduc t business in the State of Colorado. 10 . On or about April 21, 198 1, Plaintiff and Defendants, Encore, Inc •. and Encor e Englewood L>m i t od Partnership entered into a n agreement wherein Plaintiff agree d t o purchase and said De f endants agreed to sell all or tho as&eta of th o business property known as "The South Door". A c opy of said aq rcemcnt is a ttached hereto, 111arked a a Exhibit A and rMde a part h cruor . 11. Purs uant to s a id O<Jreomont, fll n intiff made at,Pl ication to Lhc City o f Eng lewood !or tho t ra ns fer o f OoC e nd n nta' ~ncor o , Inc. and Encor e Eng l ewood Limite d P rt na rah>p , 3 .2\ f'l!rmented l t Dev o r q c Li c e nse . 1 2 . Th c l o s ing of tho ag ro mo n t bu t ween the Plaint>f f and t he Ocfcnda nta , En oro, I nc. and Lncurc En <J lcwood L>m itcd P r l n~rahlp, a• to occur pon the qrant>ng o f tho t ranafur oC Sd id Defendants' 3. 2\ I' rm ntcd Halt flovcrac,:u l,>ccn ao. 11. On ult l, 1981, a hear1nq waa h ld before the Dot nda n t , Enqle d Liquor L1 nae Au hor.l.ty, (>On ~he apvlicat~on of the 1'1 in11ff of the l.l\ lor ntcd HOill ll~vrr,••J" l.lc<·n•.w. 1 4 . On July I, 1981, D !en~.:>nt, Ln~l ood L~quor L i cens~ng Authority, issued ita <le aic.• which d nicd f'laintitf' a appl ~cat i on for transfer. 15. On A ust 5, 1911, Platnl1ff, ~urau nt to u e 10 (~) (4 ) of t h e ColorAdo ules of C1v11 Pro' dur , ftled an • peal of Defend unt 's , n~l uod Lllj 01 L1c ualn lluliH ·• ''·Y· 11.:<:1•\0n denying Plu1nt !f'a • I • • - . , • • • • application for transfer, which casu is cllrrc ntly pen<liuy in lhc Arapahoe County District Court being desiqnated as Civ1l Action No. BlCV1201. 16. On August 7, 1981, lhe Honorable Charles fl. Friedman, Arapahoe County District Judge, issued an Order which ordored the City of Englewood Liquor License Authority to show cause why its decision denying Plaintiff's application for tra nsfer should not be reversed, and sa id order also stayed the decision of July 8, 19 8 1, until f1nal order was issued in Civil fiction No. 81CV1 20l. Fu rther, said order ordered the City of Englewood J.iquor License Authority to cease and desist from withholding the transfer of the 3.2\ Fermented Malt Beverage License pendln<J fi nal order of this action. A copy of said ord~.tr >-H attached hereto, mar ked as Exhil>it B and ~ade a part hereof . 17. On Septemb r 23, 1981, th e Dofcn<l.mt, En <Jle woo<l Liquor License Author1ty, held a pr1vato meetin<J wh e r e1n i t COnSiderod a new ap pliCil tlOn for the tl:olOSfer of Dtlf endu nt s ', Encore, Inc. and Encote En qlowood Llmiled Partnership, 3.2\ Fermented Malt Beverage Liconso to a now nppl1cunt, L 1aure, Inc • 18. Said pu.v to meeting wn~; hold withoul 11ny not ice to the pub he, or raore a oc1fically , to lhc l'la.i.nt1 ff, whu Wlls the lawful own er ot sa1d lie nae pu rsuant to the Ord r of Court (Exhibit Dt. 19 . Approx1..atoly thJ.rly minutes tu one hour l>cforo the vri v .. t.o 1o10 llf19 ol So >L" t 13, 1981, l'l,owltfC lu.:nrd lh.tL l.ht,;t rHg ht be 11 rsnafer hcnrln'l on tho 3.2\ Pc rnocnt t~d Moll Dcvoro9 L1cens wh1ch he had ont1 ted for and rcc 1vcd a stay ord r on, nd Plaiflt1ff 1-dut.eljl conlact.cd 1L11 cuuna ol. l'lu u ltl1 uo<l tlll counsel att pt <l to utl nJ t.hc pr1vnto mcut1nq an<l w rc l~nicd eny opportun1ty t part1c1vate 1n Lhe m tin9 or to have a court reporter present at the meetinq and wet· infor-d that De endant, Englewood Liquor Licenso ~uthorlty, would act on the new l1c nae -J - • ··· . I • • - ' .. , • • • - applicatl.On ~rrcgardlCSS Of the COUL~t or<l<.'l. otW..l Lhc PldllltJ.fi. '5 rights to said license, and, in fact, on Scptt.!mbcr 23 , 1981, Defendant, En9lewood Liquor License ~utho r 1ty, qranted the application for transfer which was filed by Defendant, Leisure, Inc. 20. Subsequent to the action t <•kcn by Defendant, City of En9lewood Liquor License ~uthority, Plaintiff's counsel has contacted both the Attorney General's offic of the s tate of Colorauo, which is counsel for De!endanL , Alan N. <.:hdrncs, Director of the Department ot Revenue fo r t he state of Colorado, and t he city attorney for the City of En9lewood and has been informed that the transfer application of Defendant, Leisure, Inc ., will be processed in the normal fashio n and ulti~atcly be approved unless Plaintiff obtains a Court order directin9 Defendants, City of En9lewood Liquor Licensin9 Authority anu the DeparLment o f Revenue for "the stat oC Colorado, Lo wilhhuld the <jrant1119 of tho application of Defendanl. Le isure, Inc. 21. The acts taken by the Defendants, Encore, Inc. and Encor En9lewood Lim1Led Partnorahi~ and the City of Enqlcwood Liquor L1cense Author ity, as desic rib~d above, are in violat1on of tho prev1ous order of tho Court in Civll Action No. 81CV1201, .. nd ora dcSl<Jnod t o, .1n<1 in .1c tu alit~ wtll, 1f nol rc:.lr .. •n"u• deiitroy l'la1nt1ff's ri9hts to In< 3.2, f" nocntcd Mol t L1cens 1n issue here1n. 22. Further, upon 1nformat1on nd bellef, Pla1ntiff illl090S Lhlll tho purpOrlcd tr nsfcr of lhu J.2~ rer•ICntod Mall Bevera9 L1cense to Defendant, Le11ure, Inc., which was approved on Seple r 23, 1981, was rensterro hom Defendant, Encore En<Jlewood Llmit~d Pnrtn(rii~lp Pl~•nttfl, Aflcc the l~x. ln~ •• elle9 • that th e vxlginel .2, Fer n~ d lt B ver ~e Llc nae YhH:h wa a to bo trauaferred to Pt.unlltr was owned by () fctnd nt, Encor , Inc. and not D fendant, Encor En~l wood Limit d Partnerahtp, and th.Jl th ro has n vcr 1.> on n lpplH:<~llOil Cor rOlnafor fcuM -4 -I • • - ~I • • • Defendant, Encore, Inc., to Dcfcndc1nt, t·:ncun: En qlcwootl r.i ulltccl Partnersh ip, and acco~d~ngly, Defendant, C~ty of Englewood Liquor L ~cense huthority, was without Jurisdiction or a uth o rity to grant any application fru~ Defenda nt, Encore Engl e wood Limited Partnership, to any party. 23. The actions of Defenda nts, Encore, Inc. a nd Encore Englewood Limited Partnership , arc also in vio iat~o n of their agreements wi th Plaintiff a nd if thui~ anticipated ur£ach o f the agreements is not enjoined befor e the b r each occ urs, Plain tiff will be irreparably damaged in that the business it has conlracLed to purchase shall pass to a third party, Defendant, Leisure , Inc., and render the Plaint i ff's abilities to own said bus iness impossible. 24. The bus iness being p urch ased by P laintiff operates as a 3.2\ nightclub and without the nece s s ary 3.2 \ Fermented Malt Beverage L~cense, sa~d business is of no value, and L~nscquently, if the license for said business :u tn•nsferrod to a third party wh i l e Plaintiff also has certain rights to said license, Pla~n ti ff's abilities to protect those right s wi ll be destroyed . 25. Unles s all Defendants hcruin ore restrained and enjoined from <lllowing t ho Lra1 . · • fro r>cfcndantll, J::ncorc, Inc., and Encore Englewood Limited Partnersh~p. lo Defendant, Leisure, Inc., Plaintiff will be irreparably damaged. 26. Plaintiff do s not bell vo that not~ce to the advers pe~rllcs or thu h rein requca.t :;hu ul<l bQ required due to the imm diate n da of Pla~ntl f! 's rei ie f and unless such rul iof 1s grant:ed i-ed.Lately, the 3.2\ Fer nt d Mnlt Beverage J.iccnse in iseue h rein shal l be approved b y th Defend nt, hlQn • Ol rnes, D1roctor of the Det~rt:mont of Revonu Cor thu tat~ of Culorndu. Further reaeon for gc nt~nq PlQ~nt1ff's roquust Cor T ~purary Re etra n ng Order w ~thout not~c• t:o Oefendan te here1n is the Defendants' apparent total disregard Cor tho previoue orders ot Court aud th rlght.s of th Pl.unl. Ct. -5 - .. • .. I • • • • • • 27. The be~t interest of justice will be ~e rvcd by th e qrantinq of Plaintiff's herein request. WIIEREFORE, Plaintiff pr.:~ys for " ·rconporary Rcstr.11n~n9 Order aqainst the Defendants, Encore, Inc., Ent.-ore Englewood Limited Partnership, Larry Duncan , City of Englewoud, Cary R. lligbee, Donald Styes, Ronald Lunder&, Lloyd Dryan, Frances Cosby, and Ronald Blanchard, board ~rs of tho Enqlewood Liquor License Authority and Al an N. Charnes, Director of the Department of Revenue for the State of Colorado, until such time as this Court can have a full and c~lete hearinq for Plaintiff's prayer for preliminary injunction. Respectfully submitted, Plaintiff's Address: By:~~~~~~~~~~~~~~~ Step STATE OF COLO~DO CITY AND COUNT¥ OP DENVER ... At to 2SO • 14th ~venue, Denver, co 80204 629-9300 708 John 11. Kuonol.:>, I.Jcinq first duly IIWUI n UIJUn his oath, uoposes nnd states th<~l tho f<~cLs act forth in the fore•Joinq Motion tor 'l'emporary Reatraininq Order are Lruc o tho >' ~ knowledge and belief. Subscribed and a rn to of September, 1981 . Hy comm iaainro xp1r< .,_:_ ____ . No t ary t•ut.lu.: Ad dru .. -' -.. • I . .. • - • • ,,;:lllltl l 1\ y ~:. / ,tU~~J CIC"HS, antl \"JIJl::llEAS, t:::ncore, lnc . i.\itUiqllt ••t all u f ilu iut.t:t..:t.t. .LII e,;hc U~sJ.ncss to !icllcr, iuu.l \'/\IEl~E/\5 , S\.!l]t •J" 1 ~ ,\ tulorc.Hlo ld '•ttl ~·tl Polflll l.!f !>ni ·, \<.'OJ \'"l , Ill·· ,,~,.1 !llf.J!'"'·ty .. u d hui~c.l ln'l lth',l t ,·d ·I ',1 ~/0 :;,.ttlil IL••·h :.' .. ','; II Ill f Ufe..• dlhl I iXt \IJ o•:.; lth ,'~tlt•d I h• 1-t'I Ht f i I I I I , I t I It ' . I 1-: ·' I ~ : t ' I I It \ . o~:fllh~!O ltJI l)u · I'• i tt' •IIIII tlll llh.! I• t il•:. 111d t't 111d1f I •J:I!o IH ·~· ll~t.l ll\.': J I, 'f"h 4,;1 IIU!t.!t•ttt l t'lll I II ~~·t )t 1 ,,rui Purt.·ho~:l•~r oUII•'«. I h.il •• ~ II• 1 .n.t'/ Ut .. •• :·o~1•1 t·,a1th hl 11•1 '"'-'•' tl tl 11 ttt• .tl•• ttl tit• Hut.,,.,, J ~ I • '•' • .· • ,, • • • .. • •thin thirty (30} (};,ys o f it·s r<.·L·r·l pl 1•1 '''" t c<' tn,u, I'Ut"l"ll t!il'r cl rmanding the return of said •nonl<'&. Sri I•·• "1'""s Lh;>L if l l f.dlu or refuses to rcLurn H;\it.l l '<~I"IIC:;t '""II '':: ""thi n tltlr Li' (.iO) .1:\y s of P u n.:hascr's ccquost, th.Jl .il :-ilto~ll I''Y r C! .. a!:ion itl>ll! atL~~~-n~y':.; t•·cs 1rH.:urred hy PurL:h .l!.H.'I' in its '"''l lt.f 'l 1 1111 •~~" : .. tid uu~ut• .o. n . S40,000 .0 0 to lJc p.,u.l .n t h·· ''''t' of clo:.intf 111 lhts C. $100,000 .00 l>y l'urch.aseL· •""'''"'-'"'.! and dcllvc:.-ing !•J t.hc Seller 1.ts protni::uiory note in l1 11• pritu:i!J..Jl .tmnunt .. ,~ t.tforcsuld, I>Cllrlng sim;>lo interest at th<l r;>te of Lw n lv•• percent (12':.) p.:r o:.nnum: tnLCn!st i ::J p .. 1yablc mu.lthly. S..tic.l prond :;:,•H ··,· n<,LC.!, whu:h i!i m ~..••·kcd as l>xhil>il II and attached hereto an<l madc-" p .HL of thi11 llqreenaent, ~hall be pay~blc as follows: 1. N •vt•lnb<.•J" 1, 1901, $:l'i,0'11J.OO due Llnc.l p i tynhll ·, 2. llugust 1, 1982, S7!i,OO U.OO due llnd pay.11ll .:o . '' iii spcci(tcitlly ,,c1n~cd L,y lUl<l hf"'l'·!• "" 11 11' p .:t rt.ic.-s he r eto tl~.1 t the t "t ,n.:hil~Cl" ill: :lny lime m.:ty prcp.1y the JI I 'IIH:qo,d olntOUJlt WJliiOUl {Jl'nitlty ,.,. c.:h~IJtjC of .1ny 1\.tLUL'l' h~i.WJ ..tSMl'ttHl•tl l" I ho · I'Utch,at;e r by CCllb Uil o( :.,,jc] )>l'C fl.l)'lllf'O t, I J I . 'l'h1.. f.'.il'ltl':; dljJ •c Lhltt th•• .do• 1••-Ut•'lll 1011••d t•Un.:JI .. ,~;f !J,-ll."• :.h .. ll oe al lo c nlcd Lo fu~nitut·e, f1xtua·c·• ''"' '"fUlpmen t , IV. Soller .J•Jl·e•"'::i to dSsu;n .it !J f, .:.,• tHe tht! proi''-'''ty ~ln tl I·U~)dlf•'J to thO l-,UrCh.Jfi C'l'. 51.-...llc r tut·ttll l ••l~"t. .. cn Lh "t t.lny .JIIc.l t'\ll '' t Oilfi t.CJ n.:no w tJ.JHt lC':l MC \o!Jht ch j l uwu . f.h • I 1 Ill ~ .. u.:,HJII•·U to P~rchd:t••r. :.,·ller ogreca. Lo r ema1n 1n " pos1t1on ot ""('<•n<.l.uy responsJ.lJlhty on 1 ha Ieese. t'urch scr a<Jcec Lo nn.nc-t:n cur", Inco rporated us • n 'urt h l dCJC' ca to UHC 1.ts bcal o!fol"ts lu uht,l\n lessor·~ •PPC'OVitl "' llh <~IUhJilmunt of ll>l l""sL to t•urch<lt.•,. :.c.:ller is c·••ll tlcu Lu l tlll<l uC .111 <lepo&l lL indudllltl 1(•,1sro "'l""·''ll al clo ~""l· 'fh iu 1\CJI •''"'Il II t~. l'Xfll~ !,1 1 ',' t'tollltlltln,&l H!•OI! l'lltt 'l o t t f"' o&tl .. llnJ.nfJ l~ro:a. ur'a approv1l "' lt\C" .1&1 1•11111 11 •If Lhc lt.!u ,~ to lure Ott r, • .... , 11 .. uJ tU .tpprov~ 1 ~:... n,.l u lJI 111 ,1, 1111 ;, •, • •• nt :.11 .. 11 t.... nu 11 • n Volld :lnd of 0<) (<tJ·c._ <1nd d (l'Cl. .• .· • I • ,, . ~ • • • • • • ·. ·:· ··/ V 'l'hl s II•Jr•·•·•n•·nt. 11< "'" to ·:;::l•( , ... ,,.;,,,;,,.,,.,! '"'''" l ll r<.l l .o >.<'i" / .,iJlaining .l~provo:>l lur Lhc lCilllHl c• ul lh• I .~-~ (,•'"" nLu.l ""'l L hcvcrnyc liccn~o from the locul 1 L C...:au!lillq o~ut l11•• Lly. tHWblc to nbtnin said •"lPiJt"OVill, then Lll i :. i\q 1 ,~c m u nt nlt..tll Lc nu 1 •. 111d void iln<l of no fo>·cc nnll cff,•ct. VI . 1.'h c Seller hus poiU .:a ll i n ~u 1 r.uuat cover i n t; th ~ l ,us tncss i nsurancc fron~ 1\pril 20, 1981 until its nl!l iq;,Lions und er the Aqccement erase. It is o9rccU and undoraloot.l th .1l. Pu1 ··llo~Hc r wJ 11 Uc t"i nD.nci ~1lly Ji~blc for all costs , CX fh!IUlc•, etc., 1nr :1 1·r" tJ in the OlJcL"..ttlons of lhC' l>nsinP:os. VII. 'l'ho Seller w..a n-<~nts ..and 4"•"" 111lr:o•1< to pay a ll l1abllit1cH In Lhc •.:vent uny lHlcliLi<,ll ·ll ''i•· l•d ion"ll 1 j,tf,IIJ Lit ':> •'•'COHIC du ~; PurchD.S tH" :lh ilJ ) se nd w•·itlt'l\ IIUl jt"( or ~tuc.l c oiJIII to ll<>liC.:> in which it mil y dctennino whelh•a ,,.,;d J i;1bj 11ty "houl<l hl.l i'••Y U.J.h.l l1.1Ui l1ty ;~ucJ f''-"'CfUt.•::s t puymunl t 1 u111 :.c:t ler. I n .Rut:h in £:l\t ncu , 1.r Seller f,1ila o1· rofusca to roin,Uura;c• t•u,, h .u.c c, Lh cn Purchus\.!r 1•11)' withhold .ln ilmOUnl C.'<)UIIl LO t h e J j,lill I 11 }' l 1 0m the n e xl jJt"inCliJOll i"'Jymcnt on th,... i\foronten tioncd noLc u n t '1 , .. HI I J ..Jl..l.li ly \a.; wcLLlo.l Ul: II)JU ... •r ty nnd hU1l\h.tlfJ ~UJL,'tllly or.:cUplt 'd 1,_, ''II ' u u ~;lll\ h• !,hot!l IO L 1 .. \J ltt cl1 t t.:luiL 1n ~•ny M.:•nl h r .-. o J tlh ~ d .,,, • • JOIIllhJ Ol LH t a /\rue n~tl, a-lt.•ll be ll h• i "''l u tly of f'U I<.:h.a''•• , ·th,tll lJ.)Y tu !J~..-ll\!1.. Lho ~'-1 )t'L'• cont» u1 •• w, I '' uc.Jucl \11Vt.'11Lt,ll y !out.liJ , Cl~,) \)ll t..hu p&' lli u.• -I • • II I • • • • • .. i~ i n yooU St.lnclinc;. Pul.·~h.:.ua !l" llh1Y o~t i t :. :,u ,,• dj:o;,:a, t i<111 ·h .lll•Jv tht• !·t..·llcr. l.d the UU~luos s .:18 set for th in lhi!i /v p' • "''-'u L <:,u,nol lJl.' cun liu&umaL...:cl llf'OI\ which the busine SS is localod ()( l.ht • !io·l1t•r~'» .J::;!u.ynnu.:O t o( lhO leas<> to I'Urchaser. Seller ilnd ru r c!la :;<.r J urthcr ilgrcc th<>t t he c ontemplated sale of tho buaines11 -.s ,;ct I <>L l h in thi!i Ayrc u me nl ,.:,1n:aot be conswnmatod until Purchnsc:•· lhl h ! •t !t' L<·ctc~ Lh ~ tr.:anafcr oC !·(~)l(•r's 3.2, fermontc<.l raalt liquor li c,•JHH' l.o Purchi\scr. !•u rc h .1t:.icr r eceive• app'C'ov ;~ t n f the tltJJii<Jn u" t d or the J u~'s '! c.~nd Lr~nafcc ·' ') tt•t;punulbl ... · for lh<"' J'oi )'IU('IIl ur ,,n .llld o~ll ,,,.J,IlJlJt·~· HI\.!Ul &h.l IJy t )1,• Uu ai ncti!:i. U. Seller shn11 be '"'"'P"""'Id. 1w· lJny .;~nc.l ull lL .lblllL 1 CII 'ucu•·ruc.l by tho uusincss pn or t o llpn 1 .'II , 1 'Hil , .1nc.l Sc llct .. grc"s • •J:H, shn 11 bo p;,id ~n fu 11 pricn to 1\J,ll 1 'II , 19 81. C. l'Urcll,IOol.a Oolhtll be ClllJ II• II IO cu l .. lll l>ll"/ onll ll I• V\ IIUt b 01 lhO UUatllll'ltU hi1.:h ,n·u <:dfllt \.I Ull /q I J.l •W • l'Jtl1 lu.fl t..li 1\.! t(l\. • D. ru1ch .. 1 'r ,,~Jr<~cs lo """'l'l•••t .. ,, ll l•r't. m.trt.••J• a· ot Lhu I llb ~n cll& until such t HIU ,, lhu contempl.olcu l : ·•ll' nf Lh ... hubtnc:.Oo 1:. r.;t,;;)l L :h , .•• , 1 h '' 'lu ,.,tltti" ur ., ,, ... ,, ..... :. II• , ..... ,.L\1 J', ""'YIN" n<•tttol Ill(,, l)\'l 4'JI P ~oll\.•l·•hP r 111l: 11• 1 1 1 m.u~o•'l• I I • • -.; .. ~· • • / • ( • • • • // V. l'tll 'o'h.o:J••• ·"ll'••t:!i llo.ol [I v.i ll i'"\' d11•·•:ll y L" :.•·11-:r / th<~ UCJrC<·d tO IIKUll t~I ,!C'S COII 1lH!I\St1l.J.ql l, .t,,: :;,.l)l:l" o!'l l v•::, 1.!1.11. il ... 1111 II . Pun:h '-J~ca: ~·HJI:'-''1 ~1 t.h .• t o~n ',' l•·;t :o t:huld imtJ fi ,V•·uh·n l :J of tho Dusin<!aa as se~ forth in thiR 1\t l n ·umcnt is not c:ons umnw tccl. resulting from l iens and/or encumbr • .ncc:~ •·n any lc.l sehCJld imp r ovcrr.unc I. Purchaser ag~ees thal dtll' ir'<.j the term of thia /•<J~cement he. shilll maintain the insurance wh ich i u c ur.rently b oing muir.C<>in e d lJ}' Seller, and tllc.~L h~o.: ~hnll puy l h c .Ln:..H ll 'olllCO prcmiumh Uirc.:ctly Lo Selle,•'& inttuL·n nc:c company. F u r LIH •r , !,t ·lh!r t~nd Purcn :t ~JL:L' uqrt.:l: th.ll th e insur .. tH CI..' prcmiu1os toeh.tl I lh ~ pr urt•l cd from th<.: <'X«.:C utiu n t>f thus J\I)L'('I 'IIK'11l, lht :U, otHd Ill t 11~1.. t>VU IIL, he • !:>ltid \ f.J~Y tf.J <>g ~cctl lhat Co~: e ach i>dditional th••·ty ( 10 ) <lilys thul pi>sS in wh ich lie huu not oL>lllin o <.l t1·;111sfor of Lh·· J. '" l<>r ntcnlc<l m.d t lHiUOL" liccnat<. h u shall p.1y S c l l~J r ..an .tncr'~"'so c,( 'J'wo 'i'liuutinnd Fivr: llunl.lrcc.l Dollar s ubLu1n d a.u d bc:cl\s wilhin s11<l y (loOl 11.1ys , he sh:tll !>":t Secllcr lh<! "'"'"of 1'hreo Thoulil. nd 001\.J rs ($),UOO.Qij): 1C Pu1chuscr hus loOt oL>La1n he Shllll p y Soller tho• aum or Ph••· 'lhouullnd f'1VU llundr<;ol noll;ora "llll 1cd tu the pucciMsc puc,, but .,lo,d I w cono.ltlut<;tl a;tr1c1:ly us Ult'U Ill ll,t \hU t\!.t"J'jlllll\ Ill t i l lh• J, •' ,, ll1•1 t loHitdt I l~t lhC.. J.J t c... 11L n t ••• f :. t'CI n LV I'll I ilf tl)•l l olL lUI or lh Uu--lli~--· lO lh<· w'-011\,;L aluuq Wtlh \tit., \.:UlJ•t: 1ULU1lUl\., llXLUa:ua .lu\1 C.tJUip nl wh.Uoh "-UU8L ll Ul,,1 llq ul I•''' I.Lltlt 1 ut 11,, JHOj•Ot.~..•d "~al , K~ludJ.ntJ, how-.;vo r, Jtl)l pr•x.Jw •t ''' t 1 nr,· • .. ~ - .. .. . . . ... I • • / ..... ( • • • • / 1- Xtii. All not i,·\·U , l'n tU • :1 ;, ... • d o·IUdlhl:.:.l .II ,,,. I ll ,. \.,rit:ing 11.nd UelivuJ:t.1d lu I h .. ! lullo\V"I ll'i .add• t·:~tit :~: Encore l!:nylcwuod Lind lf:U l'~.u:tnt:~t:nhj t• 1~5 Ml\clison sui 1.0 323 Denv e r, t.:olorudo tiO:IO!l /\II ,., t.IH! r '•>X, 111(;, •, ·l '/11 :;nu Lh Bro.td\·ltlY i':llji ··Wn(l<l, CoiOJ'ilfJO JJ0110 XIV. Closin<J of this A<;t·•·<·••""t shall h<· ~1L such [J luco XY. Seller USIIURlCS ull 1 i.t :JI IlL'/ for dll Y :·caltcr 's indc~nn~fy Purch,.scr for Lho same. XVI. 'l'hia J\yr ~cmcnt conl:i t ilu l ~o.•H Lh'~ Clltlr ~ J,yrt..!cmcn L between the parties hereto and shal l l><· 1. lllriinq u pon ,,nd inure to the benefit of the lc9lll r cpr(.•s enL .tl iv . :: '-'ncl Vb fayn~ of tlH: p.:~ctius ... IN WI'rNE SS liiiEIIEOF, the p d r l J•" h.tvc t·;:ccll t<:d Ulis writLcn. SEI .I.F.It: l'liiiCII/\fol~lt: Uy________ --,-· -. ·- f.lc.tnu4 U UJ h., l" ln-..: 1 11y : ··--- lo - .. • . , I • • ( .. • • • ~·_rn:!'.!'. IN '!'l iE DJ !;'J'E\C'r f ''.''.I P'i' J :~ : ·.: ! · 'I 'l l!: S"l'/\'l'E Of COLO!'i'.i ~~ t /,l''l'l :H 'J'Jig F OX, Jtll.'. '' (;o]c.,r ~uJ•J corp<Jr.t\.jun , l'l lli "' 'l (. v~. CITY OF J;~:c;u:WOClll, t::\ HY ot. llJ<;J;I:L:: JY.)I~o\LD S'l'YJ-:f., I~•>N/'.1.1> LU NOC:Hfi, r .l.OYO UHY 1\:l , Vf:I,~'CJ:S COST\Y, unU JtO N/\J ,U BL/\:·Il'lli''Ul, bo :•rcl ntC'I~~~"'f.!rS of th ~· J.:!!G\,1;\;f)t'ID J.l l")'_l O n ),ltt-:N~t; ".\I'J'!J u;t l ':'\', i.i;td i\i ~;,;.; N. C!l/\l~Nl::S , Oj !:"~r.l 01· of \'i ~c · D~"'p.u.lt:,,!l\t n( H··Vl•nt..t •, St~l .~ nf Color~~(), IXYfll OHIII.II· r e v rc•~.J. .•l H I ,.,., f•·· I ,, .... ,, ,. '" .. t,, .. '·)' l i.•• I ~ II ~ ·" 1.1,111• .. ,. " I I .... Li tt ,, ,.\~ :•· 111.1i1J .. r 1 1hd l)ll!l'l ... :hI .: (jJ:!ll~l< ', 'i. I • t 'f~t 'l ll l I'\ t h PJ' j L j' .... 1 : ' ... ... ' I . . .,. . ' t :•· ' ! .. '·· I ····· j. ... :., • ... ' I . - • ' • • • • I 3, Th11t tl1e City of En<Jl <;>t<JUU J.iq uc.r Lic..,nsc the 3.2 liquor licence pcmding fJnnl orclur in this e~ctiull. 4. That the City of Engl<.:l'/l>o<l J.iqurJr r.iccnsa Authority show causa why its detcn•in;,llon denying tho trans- ahould nut be rovcrsad. 5. 1'hilt lhc lm[~l.u C<•rl.ify to lid" C'>urt on or before the Md.:~y o~ . ; • ~.d.:!.L _• 1981, at .£: '3t-/::-:t1., tho co111plete record of the procee<lin<;~s, includin9 n transcript of all thfl testimony, files, records, exhiuitu nnd ilffidavits in possess- ion of the City of En<;~lewood J,i<.Juor r .J.ccnaa lluthority pursuant to the< he~arir.9 held en July 1, l~8l. II tj , DONE liND SICIIED IN OPEN COUH'!' thill __ /_· _dny of Auc:;ust, 1!181. UY 'J'JIE COUR"!': ~, '· ~--· --~:---) -: JU<l<;je .. .· ... I • ( • • • - 8 A BY AUTHORITY ORDI NANCE NO. SERIES OF 198_1 __ __ A BILL FOR COUNCIL BILL NO. 81 INTRODUCEI),BY COUNCIL MEMBER __ ~~~~~------- AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DECLARING AN EMERGENCY. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1981, due and payable in 1982; and WHEREAS, the City Council has duly considered the estimated valuation of all of the taxable property within the City and the needs of the City for each of said levies and has determined that the levies, as hereinafter set forth, are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That there be and hereby is levied for the year 1981, due and payable as required by Statutes in the year 1982, a tax of 6.00 mills on the dollar for the General Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified as required by law. Section 2. That und r the authority of Part 8, Article 25, T~t e 31, of the Colorado Revised Statutes, 1973, as amended, ther b nd hereby is 1 vied for the ye r 1981, due and payable as required by law in 1982, a tax of 5.00 mills on the doll r for the use and b nefit of the Englewood Colorado Downtown Development Authority. That the levy hereinabove s t forth shall be levied upon ach doll r of th ss ssed valu tion of all taxable prop rty within th Englewood Colorado Downtown Development District, nd the said 1 vy shall be c rtified as required by law. • I • • • • • Section 3. That City Council finds and determines that an emergency exists in that funds for municipal operations are necessary and passage of this ordinance is necessary for the immediate preservation of public property, health, peace and safety, and said ordinance shall become effective immediately following final passage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 5th day of October, 1981. Published as a Bill for an Ord~nance on the 7th day of October, 1981. Attest: Eugene L. Ot~s, Mayor ex offic~o city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of October, 1981. Gary R. Higbee -2- • I . • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198_1 __ __ A BILL FOR COUNCIL BILL NO. 81 INTRODUC~ BY COUNCIL .MEMBER .1 ( /4-/ . AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DECLARING AN EMERGENCY. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1981, due and payable in 1982; and WHEREAS, the City Council has duly considered the estimated valuation of all of the taxable property within the City and the needs of the City for each of said levies and has determined that the levies, as hereinafter set forth, are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That there be and hereby is levied for the year 1981, due and payable as required by Statutes in the year 1982, a tax of 6.00 mills on the dollar for the General Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable proper y within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified as required by law. Section 2. That und r the authority of Part 8, Article 25, T1tle 31, of the Colorado Rev i sed Statutes, 1973, as amended, there be nd hereby is levied for the year 1981, due and payable as required by 1 w in 1982, a t x of 5.00 mills on the dollar for the use and benefit of the Englewood Colorado Downtown Development Authority. That the levy hereinabove set forth shall be levied upon each dollar of th assessed valuation of all taxable prop rty within the Englewood Colorado Downtown Development District, and the said levy shall be certified as required by law. • I • • • • • ,. • Section 3. That City Council finds and determines that an emergency exists in that funds for municipal operations are necessary and passage of this ordinance is necessary for the immediate preservation of public property, health, peace and safety, and said ordinance shall become effective immediately following final passage and shall be published within seven days thereof. Introduced, read in full , and passed on first reading on the 5th day of October, 1981. Published as a Bill for an Ordinance on the 7th day of October, 1981. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of October, 1981. Gary R. H~gbee -2- • I • • • Jo/c;/8 1 Hp;P"Ov ' I I ( C v ,, ... , · 1 . • • • _______ ..___..- OUTLINE OF RESPONSIBILITIES OF THE ENGLEWOOD JUDICIAL REVIEW COMMITTEE Statement of Purpose _ e f'• .. · ..._jJ (1 (}<.(.I·. -fJ (]...,.o /I-' 1 ~::;::;x , rt t., , 1. , , n.U-·•<--l • r II The Englewood City Council is establishing a Judicial !levi~ Co111ni ttee to monitor the administration of the Court and its relationship to the City Council and Administration so that Court administrative operations can be carried out in an efficient manner and Council can provide the Court with the resources needed to provide timely and efficient services to the public. The Judicial Review Committee is charged witil analyzing the administrative operation of the Court and its relationship to the City and reporting its findings to the Court and Council. In perforllling this function, the Colllllli ttee should work closely with the Municipal Judge, Court Administrator, the City Manager and other City support staff having a relationship to the Court. In addition, the Co.adttee will provide an independent forum to review matters of concern between the City and the Court. Specifie&lly, the Collllllittee should do the following: Review the operation of the Court Adainistration particularly on matters relating to the coordination of efforts between the Court and the City. The Co-.ittee should make recommendations to ensure a free flow of inforla4tion between ~!IT part.!.~. Provide a forwa wherein -tters of concern to thu Court or th~ City could be resolved to the benefit of both. The Council expects the Collllll.i.ttee to analyze all a~tate~~~e nt ll and lllllteriul¥ rulatlllt> tu a particular issue and aake an indep ndent recommendation to Council. R view Court budget~as subllittud to Council and 111uke r COIIIIIIUnda- L.I.onli concern ng .iO approval or IIIOdificatl.on. • I • • §22. FIX nNE TO WHJCH TO ADJOUilH 207 (or "adjourn without day"].") Assume that while a resolution is pendins in a ~ar monthly meeting of a local society, a member obtains the floor .and moves to adjourn. (Second.) Since this motion is privil~ and therefore undebatable, the ch.air immedi- ately puts the question. CHAJO.: It ia movod anciiiCOndod to adjourn. As many u are in favor, say •Y• [contlnulna to take the vote aa described on p . 37). If the motion is adopted, the chair announces the re- sult and declares the meetins adjourned (first makins sure that no member is seeklns the Aoor, as described on p. 205}. If the motion is lost, the chair, after announclns the result, immediately restates the resolution that wu pending when the motion to Mjourn wu made. After the pending resolution hu been dispooed of, or · •here has been sufficient debate to show that the usembly wishes to adjourn, a new motion to adjourn it in order. If such a motion is made and HCOnded and there is no other business, the ch.air, if he senses a seneral desire to adjourn, can susgest unanimous consent (p. 44), as follows: CHAro.: If there 11 no objodlon, the -Ina will now adjourn. [Pause.) Since there Ia no objection, the lftfttinal• adjourned. The adjournment may be lip\alad by a sinaJe rap of the save), if desired . t 22. nx 111£ TlME TO WHICH TO ADJOUilN The object of the motion to Fix tire Tlm11 to Which to Adjourn (also referred to a a the motion to "llx the time for an adjourned mfttin&") Is to set the tim~~, and ~ h m s the place, for another meetins to continue busmess of the aession, wlth no effect on when the present mftt- ing w ill a d journ. • ., '· I· d I I I ' •' t1 ,, ,. ' I, • • • 208 AULES OF ORDU. A motion to fix the time to which to adjourn is privi- leged only when it is made while .a question is pendina in .an assembly where there is no existing provision for another meeting on the same or the next day. Locking .any of these conditions, it is a main motion that is in order, or out of order, as foUows: -If a motion to fuc the time to which to adjourn is made in any assembly when no question is pendinc, it is In order and is debatable and subject to aU of the other rules applicable to main motions. -But if a motion to fix the time to which to adjourn is put forward while .a question is pending in an as- sembly (for example, .a convention) where another meelins is .already set for the s.ame or the next day, such .a motion should be ruled out of order; and it should be offered, if desired, as a m.ain motion .after the pending business h.as been disposed of. If feuible, any desired motion to fix the time to which to adjourn should be made while no other question is pendina. But situations may arise in which immediate establishment of the time for an adjourned meetin& is important, yet there is no opportunity to make a main motion. The priviJeaed motion to Fix the Time to Which to Adjourn can then be used. The followift! el&ht ch.arac:teristics apply only to the privlleaed motion to Fix the Time to Which to Adjourn. s~uo~a ... O..Criptive O...rac:leriatlco The privilesed motion to Fix the Time to Wh lclr to Ad-journ : 1. Takea precedence over all other motions and yields to nothins, except that, while it is pendins : (a) certain in- d dental motions, such as a Po int of Orller, may ariH and can be disposed of; and (b) the motion to Recon•Uier can be made, but not considered <-U). The prtv· ileged motion to Fix t/11 Time to Wh ich to Adjourn can • I • • - • §22. FIX TINE TO WHICH TO ADJOURN be movrd even after the assembly has votrd to adjourn, providrd that the chair has not yet declarrd the assembly adjournC!d. t. Is not applird to any motion. Motions to Am~nd can be applird to it. The Prroious Quation can also be moved on it to prevent amendments, althou&h this seldom serves • useful purpose. 3 . Is out of order when another h.as the Boor. 4 . Must be secondrd. S. Is not deb. table. 6. Is amend.able as to the date, hour, or place; such amend- ments .are undebatable. 7 . R~uires a majority vote. 11. Can be reconsiderrd. further R•les •"" Expl.aaU.. PltOVJIJONS AI TO TJWl AND PUC&. In an orsanizrd society, the adjournrd meetlns leheduled by adoption of this motion )rivilesrd or main) must be HI for a date before th.at of the next resular session. If the hour for all mee11nss is pro- vided for by standins rule, this detail can be omitted unless a different hoW' is desirrd. When the assembly hu no fixed place for its meelinss, the motion should Include the place as well as the time of the adjourned meetlns. IPni:T cw nn NOTICMf. Whether Introduced u a pri'rilepd or a main motion, the efhct of this motion Is to ntablhh an etljourneti meetint-that is, another meetifts th.at will be lesally a continuation of the tnfttlns at which the motion is adoptrd and, tosether with th.at lnfttlns, wiU make up one session. An adjourned meetins should not be confuted with a special mutin&, which is a Hparate session called, In ordinary societies, as prescribed by the bylaws. Because of the nature of the situations that sive rise to use of the privilesrd motion to Fix the Time to Which to Adjourn, adoption of this motion is often followed by im- medrate introduction of a motion to Pos tpon~, or of the • • • • 2.10 aULU OE O&DU. §.U. privileged motion to Adjourn, depending on the purpose, u shown in the examples below. At the .adjout'ned meeting. except for the reading of the minutes, business will be t.aken up from the point at which the previous meeting adjourned or at which questions were postponed. It should be noted th.at the .adoption of this motion dot5 not adjourn the present meeting or set .a time for its .ad- journment; thus, it hu no direct effect on when the present meeting shaU .adjout'n, and is very different from a motion to 6x the time IJt which to .adjourn (which is always .a main motion). fo ........ Example Forms in which this motion may be made are : "I mow th.at when we adjoW'n, we adjourn to 2 r.w. tomorrow";"' mow th.at when we adjout'n, we stand adjournrd to met! at a r.w. on Wednad.ay, April 2, at the Riggs Hotel"; or Nl move th.at when we adjourn, we adjout'n to meet at the all ofthedWr." In announc~n& .an affirmative result, the chair says, fOt Instance, "The ayes h.ave it. When we adjourn this evcniJic, we will adjourn to ~t at 2 r.w . tomorrow." As a lint ex.ample, uswne th.at a number of members wish to set up .an adjourned m«ting to de.al with .an in· vol vee! penc1Jns question, so th.at the rernainJns order of bU&ineu can be completed now. wuau 4 (obt&iNnc the 8oor): Mr. Pnaldent, I believe the pnwilna rnol~atlon wiU nqllire Jon&er discuuion th.an we h.aw tiaw fw thlo CWftina. I mow th.at when we lldiourn, we lldjoum to-t here nat Tuaday at 8 :1$ •.w. (Second.) The chair states the question on this motion. Amendment as to time and place is possible, but no debate is In onltr. The ch.air then puts to vote the motion to Fix th• Time to Which to Alljourn. After .announclns the result-whethu adoption or rejection-he says lh.at the question is on tht resolution, which he rereads or indiutes by descriptiw • I • • - • §22. FIX TIME TO WHICH TO ADJOUR.N 211 title. If the motion to Fix the Time to Which to Adjourn has been adopted, Member A rises once more. MEMBER A (obtaining the Boor): I move to postpone the pend· mg resolution to the adjourned meetins set for next Tuesday eveni ng. (Second.) The motion to postpone i• considered in the usual man- ner. If it is adopted, the chair continues : CHA IIl: The ayes have II and the resolution Is postponed to the adjourned meetins. The next Item of buainno lo ..•. As a second example, assume that the motion to Fix the Time to Which to Adjourn is to ~ made with a view to immedia te adjournment to a speci6ed time, when this pur- pose cannot be reached by a main motion : At the annual meetins of a society, the hour is srowin& late. A controversial bylaw amendment is pendins, on which a strong minority is determined to continue debate. MtMIUI x (obtaining the Boor): I move that when we adjourn, we adjourn to meet at the I&II8C lime tomorrow evenln&. (Sec· ond .) The motion is treated •• in the lint example. If it 15 adopted, Mem~r X, after the question has ~ restated ~ the pendins bylaw amendment, &pin rises and addresses :chair. wEMua x (obtairuns the Boor): I mon that we now adjourn. (Second.) The chair states the question on the motion to Adjourn and immediately puts it to vote. If it is adopted, the chair •nnounces the re 5ult, as follows: CHAIR : The a yeo have It and we otand adjourned until eiaht o'clock tomonow evenlns. • • • • CHAPTER VIII Incidenlal Motions See 6, pages 58 fl., for a list of these motions and • description of their characteristics as" cum. f.U. POINT OF O&DEK When a man~r thinks that the rules of the ;assembly are ~ing violated, he can nuke a Point of Order (or "raise 1 q~tion of order," as it is sometimes expressed), thereby calling upon the chair for ;a ruling and an enforcement ol the resulu rule•. SIAallaN Dacdptlve Cla&raclcdalla A Point of Order : 1. Takes precedence over any pending question out ol which It may arise. It yieJds to all privilqed motiom and (if it adheres to pending question(•), p. 97) it yields to a motion to lay the nuln question on the table, in cases where these motions are in order at the time •c· cordi~ !o the order of precedence of motion•. Exc<pt for yaeldms to the motion to U.y on the Tallie when it ~heres to pendins question(•) .u ju•t &tated, it does not yteld to ;any suboidiary motion so Ions as it i• ho111dl<d In the nornul manner-that i•, by beins ruled upon by the chair without debate. (Consequently, under this normal procedure : -If a point of order which adheres to pending quos- • I • - I I I I I I I I I I I I ~I • • • • !:outh englewood office complex • 0 I . I l I I I I I I I I • • • • September 10 . 1981 Honora b le M ayor and Coty Councol City of Engle wood Englewood. Colorado Ladies and Gen t lemen The following apphcatoon for ossuance of lndustnal Revenue Bonds os respectively submitted by the 5050 South Broadway Company, a pnvate partnership . It os the intent of the partnershop to develop a monoature offoce park at the location of 5050 South Broadway whoch would provo de office space. greenbelt , and a commercoal focal poont on the southern portoon of downtown Englewood More detaoled onformatoon concernong the protect os oncluded on thos applocatoon As requested we are enclosong a check on the amount of $500 00 payable to the Coty of Englewood as a fee lor the revoew of thos apphcatoon Furthermore, should thos fonancong be approvec . we woll at the tome of closong , remot to the coty an amount equal to one quarter of one percent of the par amount of th bonds ossued It os our soncere desore you woll favorably voew thos prot ct as a posotove step toward the growth and development of the Coty of Englewood Yours very truly , --r:-~.£~~ Charles H Smukler Managong Partner 5050 South Broadway Company • 0 I • I I design direction ) - I I I I I I I I I I I I I I • • • • PURPOSE: Applocatoon for Issuance lndustroal Development Revenue Bonds Coty of Englewood , Colorado 5050 South Broadway Company • 0 I • • I I I I I l I I I I I I • • • • idea GENESIS The south Englewood office complex is a turning point for the Broadway strip development ... a southern anchor for Englewood. ARCHITECTURE A building group with three arched openings dominate the architecture. The all-brick exteriors will be a warm , pinkish "Colorado" red . Heights vary from two to four stories. stepping down toward adjacent residences . The east building is also set back from the property line, helping to soften the impact of its mass . 60-65,000 gross square feet of buoldong planned woth parkong to accommodate 175 cars. SITE The landscaped site will feature a centrally located sculpture garden. A mixture of brick and concrete paving w ill connect the three buoldings Along the eastern edge of the site. provision Is made for a new road to be dedocated to the coty . TENANT The south Englewood offoce complex will provode office space of a qualoty presently not available in the voconoty . Busoness and professional groups from the government centers to the west should be attracted to ots locatoon • 0 I • • • • • 0 I I ~.p I ~ I I I I I . I town map • • - ) exi ting • • • 0 D J I . . • • "' .. j ., .. 0 (L= .0 I 1 0 .c I ~ ~ I '-..JI • • - l SOUTH ENGLEWOOD o ff ice co m p l ex 20" belleview evenu ·====---• ---..~-~/ . ~-t-'\i-f r ~ -' ~-~ -. -.' -.~· ' .. o:..,;:-.~ -i ,. • I .. ·:-,lt ~~ '1-ft I.: proposed 0 I . - I I I [ • • • • Site and Building Tenant f inish Asphalt and Landscaping Sculpture Tap and Development fees New road and Road Improvements Contingency (a pp roxi mately 10%) Debt serv ice escrow Totel Application • 0 cost s 4 ,514 ,000 612 ,000 273 ,000 45 ,000 60 .000 125 ,000 $ 5,629 ,000 491 ,000 880 ,000 s 7,000,000 I • I' II p r • • • • partnership The 5050 South Broadway Company was formed June 1, 1979 for the purpose of purchasing property and constructing improvements on such property located in Englewood The partnership oncludes the folio wong · Robert E. Best 3200 South Zun i Englewood , CO 80110 Eugene N . Catalano 1736 Boulder Street Denver, CO 80211 William Dannesberg 6 Sterling Avenue Englewood , CO 80110 A. L. Eason 2261 East Dartmouth Place Englewood, CO 80110 0 C Etter 2936 South Fenton Denver, CO 80227 Robert F Gerwin Jr 4295 South Bellaore Corcle Englewood, CO 80110 Thomas T Grimshaw 2419 South Chase Lane Lakewood , CO 80227 Alan A Harmon 4505 South Yosemite *412 Denv r , CO 80237 Howard C. Hutson 2731 South Colorado Blvd. Denver, CO 80222 Marwan Jalllo 3994 South Syracuse Way Denver, CO 80237 Jack G . Kent 4790 South Ogden Englewood, CO 80110 Edward P Muller 7007 East Girard Denver, CO 80224 L H . Norgren 85 Meade Lane Englewood, CO 80110 A W Nyman P 0 Box 1395 EnglewoOd, CO 80110 Martha Pettyrohn 5402 East Nassau C i rcle Englewood, CO 80110 C H nry Roath Wrotera Cent r IV Denver, CO 80222 • 0 I • • I I I I I I I • M . L. Rothenberg 3131 East Alameda Denver, CO 80209 Joyce J . Seay 288-4 South Ogden Englewood, CO 80110 John R. Si mmons 8078 East Phillips Ci rcle Englewood, CO 80112 C. H . Smukler 2800 South University "10 Denver, CO 80210 Jane Stalder 2800 South Un ivers ity "81 Denver CO 80210 Richard B. Tucker 3 Random Road Englewood, CO 801 10 • • • Since the partnership has been In existence lor a relatively short period ol time the operating history Is brief, however, a financial atatemont and tax return Information Ia Included In this application There 1 no litigation pending agalnat the Partnerah p and the maximum amount propoaed to be borrowed will not exceed the "tlmated construction coat , capltlllzed lntereet. lees . equipment and land coata Any further Information concerning the Pertnerahlp 11 avallabl upon on requ"t • 0 I • • - • • Partners 5050 South Broadway Company P.O . Box 1578 Engl-ood, Colorado 80110 Gentlemen: • • • At your request, we enclose the combined statement of assets and liabilities of the twenty-three partners of 5050 South Broadway Company. This Information was compiled by us solely from Information furnished by the Individual partners. The aforementioned Information was not audited or reviewed by us and , accordingly, we do not express an option or any other form of usuarance on it. Very truly yours, • 0 I • • • • • Combined Statement of Assets and loa bolo t ies of the twenty-three partners, as of or about December, 1980 (unaudited ). AIHII Cash Investments (1) Notes and accounts receivable (1) Real Estate ( 1) Personal property and other assets (1) l18bltHiea Notes payable Mortgages payable Other $ 1,500 ,000 26 ,100,000 1,400,000 18,000 ,000 1,500,000 41,500,000 3,200.000 4,500 ,000 300 ()()() 8,000,000 $ 40,500,000 (1) Stated at eahmated market value as determined by the lndovldual partners with r spect to their as eta • 0 I . • • • B-(00066) 010100002 4194 79 -132 4 OP10lt 8 121 9 0./09/·81 ··~ 1 065 U.S. Partnership Return of Income ..... _ .. _,,. .... , -· .. ·~·-M<·ot • .. """" ..... , ...... -..... 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"l .. .., ----------. ----'. -· -----. • el f II lll'lll•IWII •OI'II , • , , , , , , , , , , ... ,.o ........ ········ ·····- • 0 I • I I I I I I I I I I I I I • • • - Ol01C0005 4 19479-1324 0Pl04 81219 02/09.'81 hrm 106 "1 Uti iCiiliiiit l -LUDd llifts lilt r I of linriiCillllsl ,. , t•.ac:~ ....... ,, ................................. _,.,__. ,. ~~ .... ... ,.,,.....,. ., ................ .-'*"'....... ,. ,.,. .., ......................... ,.fltlliJ Ul Olf ,..,....,..., -. ., .. ....,. 11 • M¥c:m~ .... .,, • , • tll Oof .............. !C .... lfl ., ,._., ... , .. M ....., .. . ..-""'"' . t.,"' ,,, ........ • 0 ________ )l.l)Jil ----. .).ll._1_t;.P. )] ill I • • I I I I I I l I • I I I ~I I I • • • • financial GENERAL The financong of the office complex at 5050 South Broadway has been a matter of serious concern to the partnersh ip for some time. After extensive studies and i nvestigation it became obvious the project could not be attempted on a complete basis without assistance in some form. Granted the project would proceed; however, on a much reduced scale with ultimate development many years in the future. The possibility of proceeding w ith some kind of ass istance was given highest priority. Initially discussions were held w ith Arapahoe County Officials as well as representatives of the City of Englewood. These meetings resulted in a favorable reaction and it was deci ded if at ail possible this project should be initiated with the assistance or at least the support of the City of Englewood. It is the sincere request of the Partnershi p of 5050 South Broadway that the City of Englewood authorize the Issuance of approximately S 7.000 ,000City of Englewood. Industrial Revenue Development Bonds for the purpose of provid ing tax exempt f i nancing for the project . The lesser tax exempt rate of f inancong would be of obvious cost benefit to the Partnership, furthermore w ithout thoa vehicle total financi ng at this time wou ld not be feas ible It is anticipated this financing would be privately placed . • I • • • • • legal The ossuance of lndustroal Development Revenue Bonds by the Coty of Englewood woll requore the adoptoon of certain legal proceedings whoch we woll have prepared by natoonally recognozed Municipal Bond Counsel. All legal matters oncodent to the fonancong. oncludong the onducement reso- lutoon , bond resolutoons . legal proceedongs , and other agreements , woll be subject to approval by the Coty . Although criteria provided on artocle 3, chapter 29 , Colorado Revised Statutes, 1973 (as amended) are met . nothing oncluded on the resolutions shall be construed as to require the coty to proceed woth any bondossuance All legal expenses oncodent to the fonancong . includong fees of bond counsel woll be paod from bond proceeds, furthermore the Coty woll be provoded a hold harmless agreement reloevong the Coty and all of ots offocoals of any lotogatoon expenses oncurred by the Coty from the ossuance of these tndustroal Develop- ment Revenue bonds throughout the lofe of the bond ossue The partnershop w oll also ondemnofy the Coty agaonst all lawsuots or costs of the project does not proceed or os abandoned . • 0 I • • • • • - MANAG ING PART N ER 5050 South B roadway Company Charles H. Smukler c/o International Bank Colorado Boulevard Telephone 759-3100 FINANCIAL CONSULTANT Robert F. Gerwin Win Energy Corporatoon 621 17th St • Penthouse Denver, Colorado 80293 Telephone 620-953 7 ARCHITECTS Cabell Chtldress Archttects 1980 Wazee St Denver, Colorado 80202 Telephone 825-4 745 GENERAL CONTRACTOR Calcon Constructors, Inc 705 West Dartmouth Ave nue Englewood , Colorado 801 tO Telephone 762 -1554 CERTIFIED PUBLIC ACCOUNTANT Alexander Grant & Company 1 600 Broadway Denver. Colorado 80202 Telephone 861 -1345 LANDSCAPE ARCHITECT Jeff Stmmons 6001 Hoyt Sir t Arvada , Color do 80004 T 1 phon 420-8 t 78 T RAFFIC CONSULTANT L tgh , Scott . Cl ary 1615 Oowntng Str t 0 nv r , Colorado 80218 Tel phon 861 -3088 • 0 directory I • • - • I I [ [ I I I I I I I • • • • 0 I . • • • Hontl n.lmholr Inc Inves tment Bonke1s 112517th Street. Sur l e 1700 Denvor. Colorado 8020:> (JOJ) 534 0221 • • • October 7, 1 9 81 Mr. Andy McCown City Manager City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Andy: Re $7, 000, 000 Industrial Development Revenue Bonds 5050 South Broadway Company (South Englewood Office Project) You have as k ed that we review the application submitted by th e City of Engle wood by the 50 5 0 South Broadway Company r e questin g t h e con si- deration by the City Council of an inducement resolution authorizing the iasuance of Industrial Development Revenue Bonds, the proc eeds o f wh ich are to b e u se d to acquire l a nd and con s truc t an office com plex of a ppr o x i mate ly 65 ,0 0 0 s quare fee t of s pa ce ac c ompanied by a parkin g fac ility to accommod a t e 1 75 cars . Il is o ur u nd e r standi n g t hat the amount of aut honzed uond issuan cis d ctermin ·d to ue !f,7 , 000 ,000 . Th application r ceiv dis ra t h r brief; however , the pat·t nership is n wly forml'd and llu·n·fot·c would bt• unabk lo Jli"Ovid<• detail ·d back - ground information. 1 suggest the Cit request fut·thct· infon11ation relating to the individual.within the p artners tp . T e inancial ata submitttld illustr t s unaud1ted assets of $4!!, 500,000, liabihties of $8 ,000, 000 and an t sset v lue of $40 , 500,000. My concern w1th thts information is that th values illustrated on pa rtn rship as sets a r bas d upon estimated mark t valu of holdings of the individual partn rs, and thos stimates wer d t rmined by the individuals . I beli ve th City s h o uld vi w this statcm nt according l y and r ali:Gc that the actu 1 valu •s of t h ho ld~ m y b 1 s th n stimat ed market va~ ---:r'h i-;-ould aff i th s curiiy for th if individu L guarant •es .11· • can- t mpl a t d . • I • • - • Hanife n.lmhoff Inc . tnveslmenl Bonkers Mr. Andy M c Cown City Manager City of Englewood .. -2- • • • October 7 , 1981 Further, I am somewhat concerned about th e m ark etabi lity of such a bond issue. Most investors are skeptical of newly formed entitie s a nd, there- fore, reluctant to purchase securities issued on th e ir behalf. The p a r tn er- ship may have secured a placement for the bonds v ia a single or small group of institutions or investors, but this is not addressed in the applica- tion. .Qn behalf of the City, I would re commend that you inquire about the marketing plan for such an issue. If a priv~iii:C"ementl1 a s 6ee n -arranged, then many of my concerns are relieved provi ding that an investment letter is executed by the purchaser of the bonds, suc h a l e tter to demonstrate that the bond purchaser is a sophi sticated investor c ap- able of evaluating th e risks of such an investment and i s prepare d to assume those risks. Concludi ng, I am aware o f the urgenc y of consideri ng the i nduc e me nt resolution due to recent legislative rumors that are circulati ng regardi n g the future of industrial revenue bond financing. Therefore I su&&e•t you cvaliJ.&tc .rnx._c£!!!:ments and su_£gest,_ if you <1 ~ oce ed ~-.APP..t.QY ed CO!}tin&_ent U2.!Jn further i.oJoJ:matjoo b ein g supplied to the City; the most im_:p ortant bei n an opinion from a • nized financial f j rm 9 su ant that a marketing p an is i n place or t!!at a qualified (jrm i s prepu:ed tQjWj" tiD: acement orund e r writin~; of the bonds . I b e lieve this is m o st imp o r t a n t i n pre servi7;"g thein egrtty of the City i n IDB con sid era ti on s. Pleas e fe el fr ee t o conta ct me if I may be of f urther assistance. SHB:jb cc Gary High Rich Wanush Sue Powers John Lowry Reap ctfully submitt e d, HANIFEN, IMHOFF INC. I -·-{ ~-\ I \ Stev n II. J3 11 Assistant Vice Pr sident • I • • - (_ • RESOLUTION NO. L/ h SERIES OF 1981 • • - A RESOLUTION OF INDUCEMENT FOR INDUSTRIAL DEVELOPMENT REVEN UE BONDING TO FINANCE A PROJECT FOR THE 5050 SOUTH BROADWAY COMPANY. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is authorized by the County and Municipality Development Revenue Bond Act, Colorado Revised Statutes, 1973, constituting Title 29, Article 3, Part 1, C.R.S. 1973, as amended, (the "Act"), for the b e nef i t of the inhabitant s of the State and for the promotion of their health, safety, welfare, convenience, and prosperity, to finance one or more projects, including any land, building or other improvements and all neces- sary and appurtenant real or personal properties suitable for manufacturing, industrial, commercial, agricultural, or business enterprises, upon such conditions as the City Coun c i l of the Ci ty may deem advisable ; and WHEREAS, the City i s f urthe r authorized by t h e Act t o issue i t s revenue bond s o r other obligatio n s f o r the p u rpose of d ef r ay- ing the cos t of financi ng any suc h p ro ject; and WHEREAS, repre s enta tiv e s of Th e 50 5 0 South Broa dwa y Company , a Colorado general partn er sh i p (the "User ") h a v e me t wi th o ff i cials of the City and h ave advi s e d t he City of t h e Us er 's in terest i n acqui r i n g and developing land wi th i~ the City and constr uctin g and equipping three office buildings thereon of approximately 20,000 square f e e t each (the "Project") subject to the willingness of the City t o fin ance the Project by the issuance of industrial develop- ment r e v enu e bonds or other obligations pursuan o he Act; and WHE REAS, the User has represented to the City that the Project has b een d esigned to qualify as a "pro ject" within the meaning of t h e Act; and WHEREAS, the City has considered th User's proposal nd has conclud d hat the economic benefit o the Ci y will b substantial due to an incre se i n mploymen nd he promo ion of industry and development of trade and other economic activity w~thin the City; and WHEREAS, the City wishes to proc d wi h the financing of the Project; and WHEREAS, th propos d issu indus ri 1 dev lopm nt rev nu bonds and th ex c ution r 1 t d fin ncinq docum nta ar not prohibi d by any ordin nc a or rules of h City • • I • • - ( - • • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. In order to induce the User to complete the Pro j ec t w~th~n the City, the Ci ty shall take all steps necessary or advisable to effect the issuance of industrial development r e venue bonds or other obligations in a maximum aggregate principal amount of $7,000,000 to finance the acquisition, construction, improvement, and equipment of the Project. Section 2. The terms and conditions of the Bonds and of the f~nancing documents relating to the Project and to said Bonds or other obligations will be mutually agreed upon by the City and the User, and prior to their execution, such documents will be sub j ect to authorization by Ordinance of the City Council pursuant to law and any ordinances or rules of the City. Section 3. The User has agreed to provi d e for reimbursement of all expenses incurred o r to be incurred by the Ci ty related to the User's Pro ject. No costs are to be borne by the City in connection wi th the i ssuance of the Bonds. Section 4. Neither the Bonds, inc luding i n t erest and any pre mi ums thereon, nor any th i n g contained in th i s Resolution shall c ons titute a debt or indebte d ne ss o f t h e Ci t y with i n the meaning o f t h e Const i tut ion or statutes of t he State of Co l orado , or t h e City 's Home Rule Ch a rter , nor gi v e rise t o a pecun i ary l i a bi l i t y of the Ci t y or a charge against its gen e r a l c r e di t or taxi n g powe r s . The Bonds sha l l be p a yable solely f rom and s ecure d by a pled ge of the revenues de r i v ed from and payab le p u rs u a n t to t h e f i n ancing docu- ments r eferred to in Sec ion 2 hereo f. Sec t i on 5. All commitments by t he Ci t y ma de h erein a r e subject to the condition that on or before one year from t h e date hereof, the City and the User shall have agreed to mutu ally acceptable te rms for the Bonds or other obligations provided for hereunder, in an amount not to exc ed $7,000,000, and for the sale and d livery thereof. Section 6. The Mayor, City Clerk, City and other officers and ag nts of the City to initiate and assis ~n the preparation may be appropriate to th Bonds. Attorney, City M nager, r hereby authorized of such documents as ADOPTED AND APPROVED this 7 h d y of October, 1981. Att at: Euq n L. Otis, M yor x officio cl r -2- • I • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate, and complete copy of Resolution No. Series of 1981. ------ Gary R. Higbee • I • • • • .. - RESO LUTION NO . SERIES OF 1981 ______ _ A RESOLUTION OF IND UC EME NT FOR INDUSTRIAL DEVELOPMENT REVEN UE BONDING TO FINANCE A PROJECT FOR BRADY ENTERPRISES. WHEREAS, the City of Englewood, S ta te of Colorado {the "Issuer"), a body politic, mun icip al cor p ora tion, and a political subdivis i on of the State of Colorado, is a u thori z e d and empowered by the pro- visions of the County and Muni cipa l i t y Development Revenue Bond Ac t, Colorado Revised Statute s 1973, §2 9-3 -101 et. seq., as amended , {the "Act"), to f i nance a p ro j e c t, as t h at term is defined in the Act, and to issue its i ndustrial deve lopment revenue bonds for t he purpose of paying the cost o f f i nanc ing a project; and WHEREAS, Brady Enterprises, or i t s des i gnee {the "Ownership Entity"), has requeste d the issue r to issue and sell to Boettcher & Company {the "Purchasers"), s ub ject to the unq ual ified a p provi n g opinion of Kutak Rock & Huie ("Bond Coun se l"), its i ndustrial developmen t r e v e nue bonds purs u a n t t o provisions of the Ac t for the purpose of fina n cing a comm rcial b u siness e nt erprise c on stitut- i ng a pro ject, as that term is defined in t h e Act, {the "Project"), for the Owner ship Entity;and WHEREA S , t he Issuer wish es to d ec lare its intention to a uthorize the issuan c f rom ime o time of its i ndustrial developmen t revenue bonds f or he purpose of paying t h e cost of f~nan ci ng he Project , when so req u ested by the Own r s h i p Entity upon such rms a nd con- dit i on s as may then be agre d upon the Issuer, he Ownership En tity and the Purc h aser . NOW, THEREFORE , BE IT RESO LVED BY T HE CITY COU NCI L OF THE CITY OF ENGLE WOOD, COLORAD O: That it do s h re by d ec l a r iss u ance and sale of i ndu st r ~al • h I • • • • • • Such bonds and the interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the Issuer within the meaning of any provision or limitation of the Colorado consti- tution or statutes, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing power. Prior to the issuance of the Bonds the OWnership Entity must make a reasonable showing that it is capable of fulfilling its financial obligations under the financing agreement (as defined in the Act) requiring the Ownership Entity to pay the principal of prem~um,if any, and interest on the Bonds. ADOPTED AND APPROVED this 7th day of October, 1981. Attest: Eugene L. Ot~s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and toregoing is a true, accurate and complete copy of Resolution No. ~3 , Series of 1981. Gary R. H~gbee < < r <'L ,?--..-T?'-, . • ) ~ < ( l & ~ 1 ,() ")} f /1 ('I' H• ) I- f (_; }LL_ ~f r l~.v t tAU..J ri-t.A7Ju -2- I • • - • • • • A'l"I'ACIIM liNT A 1. Retail Sp11ce nnct Attcnctont Parking, Furniture, Fixtures c5t ~uipment A. Tot11l Cost U. Number of bond issues C. Amount of bonds D. Ownership Entities $80 ,SU4 ,000 10 9 @ $8 ,ooo ,ooo I @ $8 ,S94 ,000 Ten limited partnerships with Brady llntel'prascs as u 20 percent gencrul partner. 11. Office Space und Attendant Parking, Furniture, Fixturcs & Equipment A. Total Cost B. Number of bond issues C. Amount of bonds D. Ownership Entities $78,879,000 10 9 @ $8 ~100 ,000 I @ $G ,879,000 Ten limited p11rtnerships with BrQ.dy Enterprises as a 20 percent general purtncr in each. 111. Hotel, Restaurant, etc. and Attendant Parking, Furniture, Fixtures and Equipment. A. Total Cost B. Number of bond Issues C. Amow1t of bond'l D. Ownership Enlites • IV. Residential Spec A. Total Cost B. Number of bond I ues C. Amount of bond D. Ownership Entity Summary of Hoods to be I ucd: 1 $36,8 0,000 I 8,594,000 I 8,125,000 20 8,000,000 ...!. 6,879,000 .!.<!!!!. 24 • • • • • $24,12S,OOO 3 2 ~ $8 ,000 ,000 I @ $8,125,000 Three limited partnerships with Drudy Enterprises liS a 20 percent general purtncr in each. $36 ,8110 ,000 I $36,890 ,000 One limited partnership with Brady Entcrpr~£cs a a 20 percent general partner. $ 3ti ,890 ,000 8,594 ,uoo 8,125,000 lliO ,000 ,000 G,!17U,1100 $220 ,488 puo • I • RESOLUTION NO. -<jJ SERIES OF 1981 • • • A RESOLUTION OF INDUCEME T FOR INDUSTRIAL DEVELOPMENT REVENUE BONDING TO FINANCE A PROJECT FOR BRADY ENTERPRISES. WHEREAS, the City of Englewood, State of Colorado (the "Issuer"), a body politic , municipal corporation, and a political subdivision of the State of Colorado, is authorized and empowered by the pro- visions of the County and Municipality Development Revenue Bond Act, Colorado Revised Statutes 1973, 529-3-101 et. seq., as amended, (the "Act"), to finance a project, as that term is defined in the Act, and to issue its industrial development revenue bonds for the purpose of paying the cost of financing a project; and WHEREAS, Brady Enterprises, or its designee (the "Ownership Entity"), has requested the issuer to issue and sell to Boettcher & Company (the "Purchasers"), subject to the unqualified approving opinion of Kutak Rock & Huie ("Bond Counsel "), its industrial development revenue bonds pursuant to provisions of the Act for the purpose of financing a comm rcial business enterprise constitut- ing a project, as that term is defined in the Act, (the "Project"), for the Ownership Entity;and WHEREAS, the Issuer wishes to declare its intention to authoriz the issuance from time to time of its indus rial developm nt revenue bonds for the purpose of paying the cost of financing the Project, when so requested by the Ownership Entity upon such terms nd con- ditions as may then be agreed upon he Issuer, he Ownership En ity and the Purchaser. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: • I • • • • '. • Such bonds and the interest coupons, if any, appurtenant thereto shall never const itute the debt or indebtedness of the Issuer within the meaning of any provision or limitation of the Colorado consti- tution or statutes, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing power. Prior to the issuance of the Bonds the OWnership Entity must make a reasonable showing that it is capable of fulfilling its financial obligations under the financing agreement (as def ined in the Act) requiring the OWnership Entity to pay the principal of premium,if any, and interest on the Bonds. ADOPTED AND APPROVED this 7th day of October, 1981. Attest: Eugene L. Ot~s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. j(~ , Series of 1981. Gary R. Higbee -2- • I • - • ( • • • • A'l"fACIIMHN'l' A 1. Retail Space nnd Attendant Purkiug, Furniture, F ixtures & Equipment A. Total Cost . u. Number of bond issues C. /\mount of bonds D. Ownership Entities $80 ,S!I4 ,000 10 9 (.i $8 ,ooo ,000 I @ $8,594,000 Ten limited partnerships with Brady Eutel'priscs as u 20 percent gencru1 partner. 11. Office Space and Attendant l'arking , Furniture, fixtures & Equipment A. Total Cos t B. Numb e r o f bond luues C. Amount of bonds D. Ownership Entities $78,879,000 10 9 @ $8 JIOO ,000 1 @ $G ,879 ,000 Ten limited partnerships with Brady Enterpri.'les as a 20 percent general purtnc r in each. 111. Hotel, Restaurant, etc. and Attendant Parking, Furniture, F ixt ures und Equipment . A. Total Cost B. Nurnl>er or bond iuues C. Amount of bonds D . Ownershi p Enllle s • IV . Residential Space A. Tota l Cost B. Number or bond iuues C. /\moun t of bond D. O wnersh ip Entity Summary of Bonds t o be I uc<1: I $36,890 ,000 I 8,594 ,o oo I 8,1 25,000 20 8 ,0 00 ,000 ..! 6 ,8 79,000 To tal 24 .. • .. • • $24,125 ,ooo 3 2 @ $8 ,000 ,ooo I @ $8,125,000 Three li mited partnerships with Drudy Enterprises u a 20 perce n t gene ral purtncr in euch. $36,8110 ,00 0 I $3G ,890 ,0 00 One limited partnership with Brady Entcrprllics as a 20 percent "encral par tne r. • $ 31i ,8 90 ,000 8,59 -& ,ooo 8 ,12 5 ,0 00 1 GO ,00 0 ,000 G ,!!7 U ,00 0 $220 ,488 poo I •