HomeMy WebLinkAbout1981-10-19 (Regular) Meeting Agenda•
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CITY COUNCIL MEETING -Regular
October 19, 1981
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MARVIN K . MAIJS
MARK ETI NG DIRE CTOR
COLONIAl l''f. A 01 .. , .. R A .. ( ~of • ._, IP 0 Bo•l597
Engl•wood. Colo 801 50
Bu1 hi t~-22•1
Res Tel 798-7640
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CITY COUNCIL MEETING
October 19, 1981
RESOLUTION # 44, 45, 46, 47, 48
ORDINANCE I jrl., /. 73, 74, 75
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REGULAR MEETING:
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CO UNCIL CHAMBERS
CITY OF ENGLEWOOD , COLORADO
October 19 , 1981
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 19, 1981,
at 7:30 p.m .
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll, the following we r e p resent :
Council Mem be rs Higd ay, Neal, Fitzpatrick, Keena,
Bilo, Bradsh aw , Ot i s.
Absent : Non e .
The Mayor declared a quo rum present.
* * * * * *
Also pre ent were : City Manager McCown
Ass is t ant City Manager Wanush
City Attorney DeWitt
As sistant City Attorney Holland
Dire c tor of Finance /ex o f ficio
Ci ty Clerk-Treasurer Higbee
D puty City Clerk Watk i ns
* * * * * *
COUNCIL MEMBER KEENA MOVED TO APP ROVE THE MI NUTES OF THE
REGULAR MEETING OF OCTOBER 5, 19 1. Council M mber Fitzpatrick
s cond d th motion. Upon c 11 of th roll, th vot result d
as follo ws .
Ayes : Council Memb rs Higd y , Nea l , Fitzpatrick,
K n , Bilo, Bradsh a w, Otis.
Nay on
Th Mayor d cl red th motion car r i d.
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October 19, 1981
Page 2
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Pre-scheduled visitor, Howard Morarie, Jr., 3129 South
Sherman, was present and discussed several issues. On the water
tower, Mr. Morarie stated this issue was costing money and there
was no pressur e being exerted by the City Council to resolve it.
Mr. Morarie suggested ca lling a special public hearing to get
input from citizens for resolution. On meetings, Mr. Morarie
alleged the meetings were being held in secrecy. He stated
state law requires city business to be held publicly and openly .
Further, there was no publication of study session agendas or
public recording of study session minutes. Mr. Morarie stated
the budget retreats are held away from City Hall in closed session.
Mr. Morarie alleged there was "rubber stamping" of motions and
asked that Council's voting record be opened up. On the budget,
Mr. Morarie queried why ther e was a budget for the department of
administration when he could not find any section in the code or
charter whi ch called for it. On follo wing recommendations from
the citizens or the Planning and Zoning Commission, Mr . Morarie
stated Council was not doing this. He referred to Council's
action on set ting the maximum footage in the obscenity o rdinance.
Mr. Morarie stated Council did not take the recommendation from
the Planning and Zoning Commission or from the citizens when
they wanted to set the 1,000 foot limit and enter into litiga-
tion over the matter. On th agreem nt for automatic fire calls
with surroundin g cities, Mr. Morarie tated the City of Littleton
has laid off three firefight r and discontinued the o perat ion of
one truck due to Englewood' istance . Mr. Morarie stated
Englewood citizens should hav to be paying taxes for this.
Council Member N al tated h~ t hought Mr. Morarie
should not use this Council m eting as forum for a political
speech. Mr. Nea l stated if Mr. Morarie had attended the study
sessions and Council m eting he would know the items about
wh ich he spoke had been op nly di cussed .
71 times t d th Council has voted differently
Augu t.
Fitzp trick t ted the previous Coun-
th w ter tow r nd did not hold
Council M mher
cil changed th pl n on
public hearing which had
was in today . Mr. Fitzp
courts .
lo to do with the situation th City
trick stated Council c n not control the
ate wh at
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October 19 , 1981
Page 3
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Council Member Bilo stated it was important to know
a requirement does not exist that all meetings had to be held
openly or that agendas had t o be published .
Council Member Keena suggested that enough time had
been spent discussing these issues.
Mr . Morarie stat e d the Mayor had denied a public forum
to discuss these matters a t the Mayor's coffee and this was why
he was discuss i n g them at t he me eting.
Counc il Member Higday stated the Mayor's coffee was
not a political f o rum.
Coun ci l Memb e r Br a dshaw stated the League of Women
Vo t ers was holding a "Mee t The Cand i dates" nigh t for the pur-
pose of a pol itical f orum .
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Pre-s c hed uled v i s itor , Mar v in Maus, Co l on ial Life &
Ac c ident, was pre se nt . Mr . Ma u s stat ed his c ompany o f f er e d
insurance tha t would sup p leme n t the City's prese n t plan on a
voluntary en rollment . Mr. Maus request ed permission to d i s-
cuss h i s co mpany's plan with the department i n charge of bene -
fi t s.
Ma yor Otis stated Council wo u ld tak e h is r equest und e r
c ons i d erat ion and get back to him .
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Mayor Otis asked if there were any other visitors
at this time.
Bob Brundag , 4140 South Huron, appeared before Council .
Mr. Hrund ge hoped for 1 rge voter turn-out for the upcoming
election. Mr. Brundage xpressed disple sure at Mr. Morrie's
present tion. Mr. Brund g tated Council m ting was not
the right pl c to make such a presentation .
H rold Rus •
Coun il. Mr. Rue
ter Trust Fund
2,000 copi 1
xpl in d th
cost would b
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October 19, 1981
Page 4
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"Communications -No Action Recommended" on the agenda were:
(a) Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
(b) Minutes of the Liquor License Authority meet-
ing of September 23, 1981.
(c) Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim, California.
(d) Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance
at the APWA Congress and Equipment Show in
Atlanta.
(e) Municipal Court Activity Report for the month
of August , 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED", AGENDA ITEMS 5(A) -5(E). 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.
ORDINANCE NO. 71
SERIES OF 1981
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BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCI '
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN DOWNTOWN IMPROVEMENT DISrRICT NO. 1980-1, IN THE CITY OF
ENGLEWOOD, COLORADO ; APPROVING AND CONFIRMING THE APPORTION-
MENT 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 •
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October 19, 1981
Page 5
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COUNCIL MEMBER FITZPATRICK 'MOVED TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
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BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI-
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion.
In response to Council Member Neal's question, City
Attorney DeWitt stated he had received no response in objection
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Higday , Nea l, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. SERIES OF 1981 __ _
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BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER KEENA
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October 19 , 1981
Page 6
A BILL FOR
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-
onded the motion. Upon a ca l l o f t he roll, the vote r es u l t ed a s
follows :
Ayes :
Nays :
Council Me mbers Higday, Neal , Fit z pat r ick,
Keena, Bilo , Bradshaw, Otis.
None.
The Mayor de c l a r e d t he mot ion carried.
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BY AU THOR I TY
ORDINANCE NO. COUNCI L BIL L NO. 8 2
INTRODUCED BY COUNCI L
MEMB ER FI TZPATR I CK
SERIES OF 198 1--
A BILL FOR
AN ORDINANCE AMEND I NG TITLE I X, CHA PTE R 6 , SECTION 35 , OF TH E
ENGLEWOOD MUN ICI PA L CO DE '69, BY ADDIN G A PROVISION REQUIRING
A DEPOSI T FEE FOR A BUSINESS THAT CONDUCTS A "GOING-O UT -OF-
BUSIN ESS SALE ."
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COU NCIL BILL
NO. 82, SERIES OF 1981, ON FIRST READI NG. Council Member Bilo
seconded the motion.
Dir ctor of Finane , Gary Higbee, appeared before
Council to discuss the bill. Mr. Higbee stated his department
had not received any feedb ck regarding this bill from anyone.
Mr . Higbee stated th purpose of the bill wa s to insure that
the City rec iv d its 3% s les t x and at the same time not
place any undue hardship on businesses .
Attorn
paying
is an
quires
ponse to Council Member Bilo's question, City
t d som businesses have left town b fore
t x and r cov ring of s 1 s t x by th City
xp nsiv proc s. Mr. D Witt stated th ordin nc r -
a d poait to insur a 1 t x collection .
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October 19, 1981
Page 7
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday sec-
onded the motion.
Council Member Neal stated this bill illustrates how
Council has worked together. The bill had been tabled three
times for the purpose of preparing a bill that was satisfactory.
Council Member Fitzpatrick stated this issue was the
biggest complaint of citizens. The new ordinance cuts down the
time to enforce the cutting of weeds. Mr. Fitzpatrick stated
staff has heen made aware of work sources that could help the
City in controlling weeds.
Upon a call of th roll, the vote resulted as follows :
Ayes :
Nay s:
Council M mbers Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
Th Mayor d cl red th motion carried.
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October 19, 1981
Page 8
ORDINANCE NO.
SERIES OF 1981 ---
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at the
meeting objected to the plat.
No one objected.
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.
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COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMA-
TION DECLARING NOVEMBER 27 AND 28, 1981, AT "HOPE CHEST DAYS".
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, Br dshaw, Otis.
None.
Th Mayor declared the motion carried.
Mayor Oti r ad the proclamation and stat d h would
deliv r the proclamation to the Lions Club the following day.
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City Attorn y D Witt discuss d th 1 w suit of Olson
Conetructlon Company ve. City of Engl wood. Mr. DeWitt stat d
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October 19, 1 981
Page 9
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the su i t involves a dispute over payment of use tax. Th e d i s-
pute arises from a change in legislation on the state le v el and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
tion Company was the contractor. Mr. Holland stated the c hange
in statute took place after construction began.
City Attorney DeWitt stated the City's contract fo rms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCT ION
COMPANY VS CI TY OF ENGLEWOOD. Coun ci l Member Fitzpatr i c k se c-
onded the mot i on. Upon a call of the roll, the vote result ed as
follows :
Ayes :
Nays :
Counc i l Memb e rs Higday, Neal, Fitzpatrick,
Keena , Bi l o, Bradshaw, Otis.
None.
Th e Ma yo r d e clared the mcti on carried.
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City Atto rn ey DeW itt s tat e d the next hearing in t h e
mat t er of Af t er The Fox on a liquor l icense matter wou l d b e
No vembe r 23, 19 81 .
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City Attorney DeWitt stated the hearing on the Vern
Mann case against the City on election claims would be October 27,
1981.
OR DI NANCE NO. 72
SERif:S OF 1981
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BY AUTHORITY
COU NCIL BILL NO . 81
INT RODUCED BY COUNCIL
MEMB ER BILO
AN ORDINANCE: FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPE RTY WITHIN THE CITY
OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A
MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AU-
THORITY AND DECLARING AN EMERGENCY •
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
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City Manager McCown presented a Council Commun i cation
from the Director of Commun i ty D velo pment concerning an o ut-of-
state travel request for the Ho using Rehabilitation Te c hnician
to attend a training session i n Madison, Wisconsin. Mr. McCown
stated trip expenses would be t aken from grant funds.
Assistant Director of Co mmunity Development (Housing)
Frances Jonas was present t o answ e r a ny questions concerning the
request. There were no ques t i o ns.
COUNC I L MEMBER KEENA MOV ED TO APPROVE THE OU T-OF-STAT E
TRAVEL REQUEST FOR THE HOUS I NG REHAB IL I TATION TECHN IC IAN . Co un-
cil Member Neal seconded the mo t ion . Upon a call o f t he ro ll,
the vote result e d as follows :
Ayes :
Nay s:
Counc il Me mbers Higday, Neal, Fitz p at r ick,
Keena , Bi lo, Br dshaw, Otis.
No n e .
The Mayor decl red the motion ca rr ied .
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Council Member Bradsh w instructed the City Attorn y
t o p r ep a r e resolution dr wing unds from the Malley Cent r
Tru st Fund to pay for the cost o f th brochur discuss d by
Haro ld Rust e rlier in the m ting .
fro m th
Council Memb r N
ppropri partl
1 r e u ted written communic tion
r commending the withdr w 1 .
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October 19, 1981
Page 11
Council Member Bradshaw stated a forum for candidates
will be sponsored by the League of Women Voters at the Police/
Fire Center, Thursday, October 22, 1981, at 7:30p.m.
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There was no further business to be discussed.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
8 :30 p.m.
Mayor Otis adjourned the meeting without a vote at
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REGULAR MEETING :
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
October 19, 1981
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 19, 1981,
at 7 :30p.m.
Mayor Otis , presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92 .
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present :
Council Members Higday , Neal, Fitzpatrick, Keena,
Bilo , Bradshaw, Otis.
Absent : None.
The Mayor declared a quorum present.
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Also present wer e: City Manager McCown
Assistant City Manag er Wanush
City Attorney DeWitt
Assistant City Attorney Holland
Director of Finance/ex officio
City Clerk-Treasurer Higbe
Deputy City Clerk Watkins
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COU NCIL !otEMB :
REGULAR MEF.Tl G Of OCTO ER
second d th motion. Up n
as follows :
.NA MOVED TO APPROVE THE MINUTES Of THE
5, 1981. Council Memb r Fitzpatrick
c 11 of th roll, th vot resulted
Aye : Council M mb rs Higd y, Neal, Fitzp trick ,
K n , Bilo, Bradshaw, Otis.
Nays : on •
Th yor d cl r J th motion carried .
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October 19 , 1981
Page 2
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Pre-s cheduled visitor, Howard Morari e, Jr., 3129 South
Sherman, was present and discussed several issues. On the water
tower, Mr. Morar ie stated this issue was costing mon y and there
was no pressu re being exerted by the City Counci l to re olv it.
Mr. Morarie suggested calling a special publi c hearin to g t
input from citizens for reso lution. On meeting s. Mr. r rie
alleged the meetings wer e being held in secrecy . H ted
state law requires city busine ss to be held publicly and openly .
Further, there was no publication of study sess ion agenda or
public record ing of study session minutes. Mr. Morarie t ed
the budget retreats are held away from City Hall in closed ession .
Mr. Morarie alleged there was "rubber stamping" of motions and
asked that Council's voting record be opened up. On the budget,
Mr. Morarie queried why there was a budget for the department of
administration when he could not find any section in the code or
charter which called for it . On follo wing recommen dations from
the citizens or the Planning and Zoning Commission, Mr. Morarie
stated Counc il was not doing this. He ref erred to Council's
action on s etting the maximum footage in the obscenity ordinance .
Mr. Morarie stated Council did not take the recommendation from
the Planning and Zoning Commission or from the citizens when
they wanted to set the 1,000 foot limit and enter into litiga-
tion over the mat ter. On the agreement for automatic fire calls
with surrounding cities, Mr . Morarie stated the City of Litt leton
has laid off three firefighters and discontinued the operation of
one truck du to Englewood's assistance . Mr. Mor arie stated
Englewood citizens should have to be paying taxes for this.
Council Member Neal stated he tho ug h t Mr. Morarie
should not use this Council meeting as a forum for a political
speech. Mr. Neal stated f Mr. Morarie had attended the study
sessions and Council meetings he would know the items about
whi ch he spoke had been openly di cussed .
Mayor 0 is st ted the Council has voted differently
71 times since the month of August.
Council M mb r Fitzpatrick stated the previous Coun-
cil changed th plans on the water tow r nd did not hold
public hearing which had ~lo o do with the situation th City
was in today. Mr. Fitzp trick at ted Council c n not control the
courts.
Council Memh~r al st t d th citizens hould ppr ci-
at Council has done on the issu of pornogr phy. Ther r
no ma s g p rlors in th City and th book stor is sch dul d for
removal by th nd of the y r. F w comm unities hav b n able
to d 1 with thi probl m. Council d cid d to tak th ction
th t would work not wh t would app r good in th p r •
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October 19, 1981
Page 3
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Council Member Bilo stated it was important to know
a requirement does not exist that all meetings had to be held
openly or that agendas had to be published.
Council Member Keena suggested that enough time had
been spent discussing these issues.
Mr. Morarie stated the Mayor had denied a public forum
to discuss these matters at th e Mayor's coffee and this was why
he was discussing them at the meeting.
Council Member Higday stated the Mayor's coffee was
not a political fo rum.
Council Membe r Br adshaw stated the League of Women
Voters was holding a "Meet The Candidates" night for the pur-
pose of a politica l forum.
* * * * * *
Pre-schedule d visitor, Marvin Maus, Colonial Life &
Accident, was present. Mr. Maus stated his company offered
insurance that would supplement the City's present plan on a
voluntary enrollment. Mr. Ma us requeste d permission t o dis-
cuss his company's plan with the dqpartment in charge of bene-
fits.
May or Otis stated Council would take his request under
consideration and get back to him .
* * * * * *
Mayor Otis asked if there were any other vi itors
at this time.
Bob Brundag • 140 South Huron, appeared befor Council .
Mr. Brunda hop d or large vot r turn-out for the upcoming
election. Mr. Br ndage expressed displeasure t Mr. Morarie's
pr a nt tion. Mr. Brund Council m ting wa not
the right pl ce to m k pre ent tion.
* * * * * *
H rold Rust, 3811 South Cl rkson, appeared befor
Council. Mr. Rust st ted h w s repr enting the Malley Cen-
ter Tru t Fund nd r qu t d pproval to print and distribute
2,000 copies of brochur nti led "0 ign For Leisure" wh ich
xpl ined the purpos of th tru t fund. Mr. Rust at ted th
cost would b $1,441.
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October 19, 1981
Page 4
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"Communications -No Action Recommended" on the
agenda were:
(a) Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
(b) Minu tes of the Liquor License Authority meet-
ing of September 23, 1981.
(c) Memorandum from the City Manager and Assis tant
City Manager concerning their attendance at the
annual ICMA Conference in Anahe im, California.
(d) Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance
at the APWA Congre ss and Equipment Show in
Atlant .
(e) Municip 1 Court Activity Report for the month
o August, 1981.
COU ClL MEMBER ENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECO E. D D", AGENDA ITEMS 5(A) -5 (E). Council Member
Bilo seconded th otion. Upon a call of the roll, the vote
resulted as follow
Ay s :
Nay
Council M mbers Higday, Neal, Fitzpatrick,
K na, Bilo, Bradshaw, Otis.
Non
The Mayor decl r d the motion carried.
ORDINANCE NO. 71
SERIES OF 1981
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BY AUTHORITY
COUNCIL BlLL 0. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOL COST OF THE IMPROVEMENTS MADE
IN DOWNTOWN IMPROVEMENT DISfRICT NO. 1980-1, IN THE ClTY OF
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTION-
MENT 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 SAlD ASSESSMENT ; AND DECLARI NG AN EMERGENCY •
•
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October 19, 1981
Page 5
•
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COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUN ICI-
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion.
In response to Council Member Neal's question, City
Attorney DeWitt stated he had received no response in objection
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nay
Th
ORDINANCE NO .
SERIES OF 1981
Mayor
Coun c il Members Higd y, Neal, Fitzpatrick,
Keena , Bilo, Bradsh w, Otis.
Non
d c l r d the motion carri d.
* * * * * •
BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MtMBER K ENA
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•
October 19, 1981
Page 6
•
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A BILL FOR
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
COUNCIL MEMB ER KEENA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST READING. Cou nc il 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, Bi1o, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. SERIES OF 1981 __ _
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING TITLE IX, CHAPTE R 6, SECTION 35, OF THE
ENGLEWOOD MUNICIPAL CODE '69, BY ADDING A PROVISION REQUIRING
A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-
BUSINESS SALE."
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COINCIL BILL
NO. 82, SERIES OF 1981, ON FIRST READING. Council Member Bilo
s conded th mo ion.
Dir ctor of Fin nc , Gary Higb ppeared befor
Council to discus the bill. Mr. Higbe st ted his d partm nt
h d not rec ived ny fe dback r g rding this bill from anyon
Mr. Higbe st t d th purpos of th bill was to insure th t
th City r c iv d its 3~ s 1 s t x nd t th s m tim not
plac ny undu h rdship on busin s s.
•
s ion, City
left town b for
City
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October 19, 1981
Page 7
•
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Fitzpatrick , Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SE RI ES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BIL L NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITE MS OF DEBRIS WH ICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PRO PE RTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDI ES THEREFOR.
COUNCIL MEMBER NEA L MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday sec-
onded the motion.
Council Member Neal stated this bill illustrates how
Council has worked together. The bill had been tabled three
times for the purpose of preparing a bill that was satisfactory.
Council Member Fitzpatrick stated this issu w th
bigg st compl int of citizen . Th n w ordin nc cut down the
time to nforc th cutting of w ds. Mr. Fitzpatrick st ted
staff ha he n m d w re of work source that could help th
City in controlling w eds.
Upon c 11 of th roll, the vot r ulted s follows:
Ay
Naya :
Council M mb rs Higday, N 1, Fitzp trick,
K n , Bilo, Br dshaw, Otis.
Non
Th yor d cl r d th motion c rri d.
• * * • * *
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October 19, 1981
Page 8
ORDINANCE NO.
SERIES OF 1981 __ _
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at the
meeting objected to the plat.
No one objected.
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 FITZPATRICK MOVED TO APPROVE A PROCLAMA-
TION DECLARING NOVEMBER 27 AND 28, 1981, AT "HOPE CHEST DAYS".
Council Member Keena seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes :
Nays :
Council M mbers Higday, Neal, Fitzpatrick,
Keena, Bilo, Br dshaw, Otis.
None.
Th Mayor d clar d th motion c rried.
Mayor Oti r ad th proclam tion and stated h would
d liver th pro cl m tion to th Lion Club the following day.
* * * * • •
City Attorn y 0 Wit di cuss d th l w suit of 01 on
Construction Comp ny va. City of En lewood. Mr. Witt tat d
•
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October 19, 1981
Page 9
•
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the suit involves a dispute over payment of use tax. The dis-
pute arises from a change in legislation on the state level and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
tion Company was the contractor. Mr. Holland stated the change
in statute took place after co nstruction began.
City Attorney DeWitt stated the City's contract forms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCTION
COMPANY VS CITY OF ENGLEWOOD. Council Member Fitzpatrick sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes : Council Memb ers Higday, Nea l, Fitzpatrick,
Keena, Bilo , Bradshaw, Otis •
Nays : None.
The Mayor declared the met ion carried.
* * * * * *
City Attorney D Witt stated the next hearing in the
matter of After The Fox on a liquor license matter wou ld be
November 23, 1981 .
* * * * * *
City Attorney D Witt stated the hearing on the Vern
M nn case against the City on election cl ims would be Octob r 27,
1981.
ORDINANCE NO. 72
SERIES OF 1981
* * * * * *
BY AUTHORITY
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 ALL TAXABLE PROPERTY WITHIN THE ClTY
OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A
MILL L VY. FOR THE F.NGL WOOD COLORADO DOWNTOWN DEVELOPMENT AU-
THORITY AND D GLARING AN EMERGENCY.
•
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c•
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
* * * * * *
City Manager McCown presented a Council Communication
from the Director of Community Development concerning an out-of-
state travel request for the Housing Rehabilitation Technician
to attend a training session in Madison, Wisconsin. Mr. McCown
stated trip expenses would be taken from grant funds.
Assistant Director of Community Development (Housing)
Frances Jonas was present to answer any questions concerning the
request. There were no questions.
COUNCIL MEMBER KEENA MOVED TO APPROVE THE OUT-OF-STATE
TRAVEL REQUEST FO R THE HOUSING REHABILITATION TECHNICIAN. Coun-
cil Member Neal seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes :
Nays :
Council Members Higday , Nea l, Fitzpatrick,
Keen , Bilo, Br dshaw, Otis.
Non .
The Mayor declar d the motion carried.
* * * * * *
Council M mb r Bradsh w instructed the City Attorn y
to pr pare a r solution dr wing funds from the Malley Cent r
Trust Fund to pay for th cost of th brochure discussed by
Harold Rust rli r in th ting .
Council M mb e r 1 r qu st d written communic tion
from th ppropri t parti 1 r comm nding th withdraw 1.
* • • • • •
•
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October 19, 1981
Page 11
Council Member Bradshaw stated a forum for candidates
will be sponsored by the League of Women Voters at the Police /
Fire Center, Thursday, October 22, 1981, at 7:30 p.m.
* * * * * *
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
8 :30 p.m .
•
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•
REGULAR MEETING :
•
• •
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
Octob er 19, 1981
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 19, 1981,
at 7 :30 p.m.
Mayor Ot is, presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present :
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw , Otis.
Absent : None.
The Mayor declared a quorum present.
* * * * * *
Al so present wer e: City Manager McCown
Assistant City Manager Wanus h
City Attorney DeWitt
Assistant City Attorney Hol land
Directo r of Finance /ex of ficio
City Clerk-Treasurer Higbee
Deputy City Clerk Watkins
* * * * * *
COUNCIL MEMBeR KEENA MOVED TO APPROVE THE MINUTE S OF THE
REGULAR MEETIN G OF OCTOBER 5, 1981. Council M mber Fitzpatrick
seconded the motion. Upon a c ll of the roll, the vote resulted
as follows:
Ay s : Council M mbers Higd y, N l, Fitzpatrick,
K n , Bilo, Brad h w, Otis.
Nays : Non
Th yor decl r d th motion c rri d.
* * * * *
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October 19, 1981
Page 2
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Pre-scheduled visitor, Howard Morarie, Jr., 3129 South
Sherman, was present and discussed several issues. On the water
tower, Mr. Morarie stated this issue was costing money and there
was no pressure being exerted by the City Council to resolve it,
Mr. Morarie suggested calling a special public hearing to get
input from citizens for resolution. On meetings, Mr. Morarie
alleged the meetings were bei ng held in secrecy. He stated
state law requires city business to be held publicly and openly.
Further, there was no publication of study session agendas or
public recording of study session minutes. Mr. Morarie stated
the budget retreats are held a way from City Hall in closed session.
Mr. Morarie alleged there was "rubber stamping" of motions and
asked that Council's voting record be opened up. On the budget,
Mr. Morarie queried why there was a budget for the department of
administration when he could not find any section in the code or
charter which called for it . On following recommendations from
the citizens or the Planning and Zoning Commission, Mr. Morarie
stated Council was not doing this. He referred to Council's
action on setting t he maximum f ootage in the obscenity ordinance .
Mr. Morarie stated Co un ci l did not take the recommendati on from
the Planning and Zoning Comm i ss i on or from the citizens when
they wanted to set the 1,000 f o ot limit and enter into litiga-
tion over the matter. On the agreement for automatic fire calls
with surrounding cities, Mr. Mor rie stated the City of Littleton
has laid off three fir e fi ghte rs a nd discontinued the oper tion of
one truck du t o Engl wood's s istance. Mr. Morarie t te d
Englewood citizens should have to b paying taxes f o r t h is .
Ma yor Oti st t d th Co neil h a vo t e d d iffe r ently
71 t im e s inc th month of August .
cil c h n
pub lic
Counci 1 M mh r
at wh t Co u ncil h 1 don
no ma g parlor in h
remova l by th nd uf th y
to d 1 wl h thl probl m. Council
tha would work Pot wh t ~ uld pp
•
d t h pr vi o u s Coun-
nd d id no t hold
itua tion h City
can not control th
re
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October 19, 1981
Page 3
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Council Member Bilo stated it was important to know
a requirement does not exist that all meetings had to be held
openly or that agendas had to be published.
Council Member Keena suggested that enough time had
been spent discussing these issues.
Mr. Morarie stated the Mayor had denied a public forum
to discuss these matters at the Mayor's coffee and this was why
he was discussing them at the meeting.
Council Member Higday stated the Mayor's coffee was
not a political forum.
Council Member Bradshaw stated the League of Women
Voters was holding a "Mee t The Candidates" night for the pur-
pose of a politica l forum .
* * * * * *
Pre-scheduled visitor, Marvin Maus , Colonial Life &
Accident, was present. Mr. Maus stated his company offered
insurance that would supplement the City's present plan on a
voluntary enrollment. Mr. Maus request ed permissi on to dis -
cuss his company's plan with the departmen t in charge of bene-
fits.
Mayor Otis stated Council would take his r quest under
consideration and get back to him.
* * * * * *
Mayor Otis asked if th r were any other visitors
at this time.
for Council .
Mr. Brund upcoming
Mor ri 'a
w not
* * * * *
Council. Mr. Rust
ter Tru t Fund
2,000 copies
xpl in d th und.
cost would b
* * * * • *
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October 19, 1981
Page 4
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"Communications -No Action Recommended" on the
agenda were:
(a) Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
(b) Minu tes of the Liquor License Authority meet-
ing of September 23, 1981.
(c) Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim, California.
(d) Memorandum from the Director of Public Works,
Director of Engineering Se rvices and Street
Superintendent concerning their attendance
at the APWA Congress and Equipment Show in
Atlanta.
(e) Municipal Co urt Acti vity Report for the month
of August, 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMM ENDED", AGENDA ITEMS 5 (A) -5(E). Council Member
Bilo seconded the motion. Upon a ca ll 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.
ORDINANCE NO. 71
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOL COST OF THE IMPROVEMENTS MADE
IN DOWNTOWN IMPROVEMENT DISfRICT NO. 1980-1, IN THE CITY OF
ENGLEWOOD, COLORADO; APP OVING AND CONFIRMING THE APPORTION-
MENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT;
ASSESSING A SHAR 0 SAID COST AGAINST EACH LOT OR TRACT OF LAND
IN THE DISTRICT ; P ESC 181N THE MANNER FOR THE COLLECTIO N AND
PAYM NT 0 SAID ASS SSMENT ; AND DECLARING AN EMERG NCY •
•
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October 19, 1981
Page 5
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COUNCIL MEMBER FITZPATRICK MOVEu TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI-
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM .
COUNCIL MEMB ER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion.
In response to Council Member Neal's question, City
Attorney DeWitt stated he had received no response in objec tion
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
ORDINANCE
SER!ES OF
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
The Mayor
NO.
1981-
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
declared the motion carried.
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER KEENA
•
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October 19, 1981
Page 6
•
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A BILL FOR
AN ORDINANCE APPROV I NG AN AM ENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO , CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOO D CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDG E ACRO SS BIG DRY CREEK.
COUNCIL MEMBER KEE NA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST REA DING. Council Member Bradshaw sec-
onded the motion. Upon a call o f the roll, the vote resulted as
follows :
Ayes :
Nays :
Council Members Higday , Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
Non e .
The Mayor de clared t h e motion carried.
ORDINANCE NO. SERIES OF 1981 __ _
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 8 2
INTRODUCED BY COUNC IL
MEMBER FIT ZPATR I CK
AN ORDINANCE AMENDING TIT LE I X, CHAPTER 6 , SECTION 35, OF THE
ENGLEWOOD MUNICIPAL COD E '69 , BY ADDING A PROVISION REQU I RING
A DEPOSIT FEE FOR A BUS I NESS THAT CONDUCTS A "GOING-OU T-OF-
BU S IN ESS SA LE."
COU NCIL ME MB ER FITZPATRIC K MOV ED TO PASS COUNCIL BILL
NO . 82, SE RIES OF 1981, ON FI RST READI NG. Coun cil Member Bilo
seconded the motion .
Director of Finance, Gary Higbee, app eared before
Council to discus the bill . Mr . Higbee sta t ed his department
h ad not received any feedback regarding thi s b ill from anyon
Mr. Higbe stat d th purpose of th bill was to i n sure that
the City receiv d its 3% s les tax and at t h e same tim not
plac ny undue hardship on businesses .
In respons to Council M rob r Bilo 's question, City
Attorn y De Witt st t d ome business s have l e f t town befor
p ying t h e s 1 s t x nd recov ring of les t ax by th City
is n expen s iv proce s. Mr . D Witt tat d the o rd insnc r -
quir s a deposit to Lnsur s les t x collection •
•
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October 19, 1981
Page 7
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the rol l, the vote resulted as follows:
Ayes:
Nays:
Council Members Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITE MS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday se c -
onded the motion.
Council Member Neal stated this bill illustrates how
Council has wo rked together. The bill had been tabled three
times for the purpose of preparing a bil l that was satisfactory.
Council Member Fitzpatrick stated this issue was the
biggest complaint of citizens. The new ordinance cuts down the
time to enforc the cutting of weeds. Mr. Fitzpatrick stated
st ff has heen made aware of work sources that could help the
City in controlling weeds .
Upon a call of the roll, the vote resulted as follo ws :
Ayes :
N ys :
Council Members Higday, Neal , Fitzpatrick,
K n , Bilo, Br a dshaw , Ot is .
None.
The Mayor d cl r d th motion carried .
* * * * * •
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October 19, 1981
Page 8
ORDINANCE NO.
SERIES OF 1981--
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at the
meeting objected to the plat.
No one objected.
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 FITZP ATRIC K MOV ED TO APPROVE A PROCLAMA-
TION DECLARING NOVEMBER 27 AND 28, 1981, AT "HOPE CHEST DAYS".
Council Member Keena seconded the motion. Upon a call of the
roll, the vote r sulted as follows:
Ayes : Council M mb rs Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
Nays : None.
The Mayor declar d th motion c rri d.
Mayor Otis r d th
deliver the procl m tion to
* •
procl m tion and at ted he would
h Lions Club th following day.
• * • •
City Attorn y D Witt discuss d th law suit of Olson
Construction Company vs. City o En l wood. Mr. DeWitt stat d
•
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October 19, 1981
Page 9
•
• •
the suit involves a dispute over payment of use tax. The dis-
pute arises from a change in legislation on the state level and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
tion Company was the contractor. Mr. Holland stated the change
in statute took place after construction began.
City Attorney DeWitt stated the City's contract forms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCTION
COMPANY VS CITY OF ENGLEWOOD. Council Member Fitzpatrick 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 mction carried.
* * * * * *
City Attorney DeWitt stated the next hearing in the
matter of After The Fox on a liquor license matter would be
November 23, 1981.
* * * * * *
City Attorney DeWitt stated the hearing on the Vern
Mann case against the City on lection claims would be Octob r 27,
1981.
ORDINANCE NO. 72
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL 8 LL NO. 81
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITKIN THE CITY
OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A
MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AU-
THORITY AND DECLARING AN EMERGENCY •
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
* * * * * *
City Manager McCown presented a Council Communication
from the Director of Community Development concerning an out-of-
state travel request for the Housing Rehabilitation Technician
to attend a training session in Madison, Wisconsin. Mr. McCown
stated trip expenses would be taken from grant funds.
Assistant Director of Community Development (Housing)
Frances Jonas was present to answer an y questions concerning the
request. There were no questions.
COUNCIL MEMBER KEE NA MOV ED TO APPROVE THE OUT-OF-STATE
TRAVEL REQUEST FO R THE HOUSING REHABILITATION TECHNICIAN. Coun-
cil Member Nea l seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes :
Nay s :
Cou ncil Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Council Member Bradshaw instructed the City Attorney
to prepare a resolution dr wing funds from the Malley Center
Tru t Fund to pay for the cost of th brochure discussed by
Harold Rust earlier in the meeting.
from th
Council Member Neal r qu sted written communication
ppropri te parties r comm nding the withdraw 1.
* * * * * *
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October 19, 1981
Page ll
Council Member Bradshaw stated a forum for cand i dates
will be sponsored by the League of Women Voters at the Police /
Fire Center, Thursday, October 22 , 1981, at 7 :30 p.m .
* * * * * *
There was no further business to be discussed.
* * * * * *
COUNCIL MEMBER HIGOAY MOVED TO ADJOURN THE MEETING.
Mayor Otis adjourned the meeting without a vote at
8 :30 p.m.
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REGULAR MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
October 19, 1981
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 19, 1981,
at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92.
Mayor Ot is asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday , Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Absent : None.
The Mayor declared a quorum present.
* * * * * *
Also present were : City Manager McCown
Assistant City Manager Wanush
City Attorney DeWitt
Assistant City Attorney Holland
Director of Finance/ex officio
City Clerk-Treasurer Higbee
Deputy City Clerk Watkins
* * * * *
COUNCIL MEMBER KEENA MOVED
REGULAR MEETING OF OCTOBER 5, 1981.
seconded the motion. Upon c 11 of
as follows :
TO APPROVE THE MINUTES OF THE
Council Member Fitzpatrick
the roll, the vote resulted
Aye :
Nays:
Council M mb r Higday, Neal, Fitzpatrick,
K na, Bilo, Br dshaw, Otis.
None.
Th Mayor d cl r d th motion c rri d.
* * * * * *
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October 19 , 1 981
Page 2
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Pre-schedul ed vis i t o r, Howard Morarie, Jr., 3129 South
Sherman, was present and d i scussed several issues. On the water
tower, Mr. Morarie stated th i s i ssue was costing mone y an d there
was no pressure bein g exer te d b y the City Council t o res o l ve it .
Mr. Morarie suggested c alling a special public hearing to get
input from citizens f o r resolu t ion. On meetings, Mr. Morarie
alleged the me e tings we re bein g held in secrecy. He stated
state law requires ci t y b us ine ss to be held publicly and openly.
Further, there was no pu b l ication of study session agendas or
public recording o f s t u dy session minut e s. Mr. Mor a r ie stated
the budget retr ea t s a r e h eld a way f rom City Hall in c l o sed session.
Mr. Morarie alleged there was "ru bb er stamping" of motions and
asked that Coun cil 's vo t ing record be opened up. On th e budget,
Mr. Morarie queri e d wh y t here wa s a b udget for the d e partment of
administrat i on wh en he could not f ind an y section i n t he code or
charter whi c h called fo r it . On fo llowing re c omm e nd ations from
the ci tizens or the Planning and Zo n ing Co mm i s sion, Mr. Morarie
stated Co un cil was not doing this . He refe rred to Council 's
action o n setting the maximum footage in the obscenity ordinance .
Mr. Morar ie stated Council d i d not take the recommendat i on from
th e Plann ing and Zoning Com mis s ion o r fro m the citizens when
they want ed to set the 1,000 foot limi t a n d ente r into lit i g a-
tion over t h e matter. On the agre em e nt for automatic fire c a ll s
with surro u nding cities, Mr . Mor a r ie stated the Cit y of Little ton
has laid off thre firefighters and discontinued the o peration of
one truck due t o En gl ewood's assistance. Mr. Mo r arie sated
Engl e wo od citi zen s sho uld h a v e to be paying tax es for this .
Council M mb e r Ne 1 stated h~ thought Mr . Morarie
sho u ld not use this Co un c il m t ing as forum for po litical
spee c h. Mr . Nea l s ated if Mr . Morarie had attend d th study
s e ss ions and Coun c il me et ings h e would know the item about
which h spoke h a d be e n o p nl y d i cussed .
May or Oti st ted he Co un c il has voted di ffe rently
71 times since th month of August .
Cou ncil Member Fitzpatrick st ted the previous Coun-
cil chang d th plans on th wate r t o wer and did not hold a
public hearing which h a d lot to do wi t h the situation the City
was in today. Mr . F i tzp a trick s t ed Council can n o t c ontrol the
courts .
Coun cil M mb r N 1 s t ted the citizens should appreci-
ate wh t Coun c il h a s d o n e o n t he issu of pornography . Th e re are
n o mass g parlo r i n the Ci t y nd th book store is scheduled fo r
removal by the nd of t h y r. F w communit i es h v been able
to de 1 with thi p r o b l em. Co unc il d cided to take th ction
that would work no t wh t wo u l d pp r good in th n wsp per •
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October 19, 1981
Page 3
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Council Member Bilo stated it was important to know
a requirement does not exist that all meetings had to be held
openly or that agendas had to be published.
Council Member Keena suggested that enough time had
been spent discussing these issues.
Mr. Morarie stated the Mayor had denied a public forum
to discuss these matters at the Mayor's coffee and this was why
he was discussing them at the meeting.
Council Member Higday stated the Mayor's coffee was
not a political forum.
Council Member Bradshaw stated the League of Women
Voters was holding a "Meet The Can didates" night for the pur-
pose of a political forum.
* * * * * *
Pre-scheduled visitor, Marvin Maus, Colonial Life &
Accident, was present. Mr. Maus stated his company offered
insurance that would supplement the City's present plan on a
voluntary enrollment. Mr. Maus requested permission to dis-
cuss his company's plan with the d~partment in charge of bene-
fits.
Mayor Otis stated Council would take his request under
consideration and get back to him.
* * * * * *
Mayor Otis asked if there wer e any other visitors
at this time.
Bob Brundage,
Mr. Brundage hoped for
election . Mr. Brundage
presentation. Mr. Brund
the right place to make
0 South Huron, appeared before Council.
larg voter turn-out for the upcoming
xpres ed disp le sure at Mr. Morarie's
ge stat d Council m ting was not
uch pre entation .
* * * * * *
Harold Rust, 3811 South Clarkson, appeared before
Council. Mr. Ru t st t d he w s repr senting the Malley Cen-
t r Trust Fund nd requ sted pproval to print and distribut
2,000 copies of a brochur entitl d "Design For L isur " which
xplained the purpose of th ru t fund. Mr. Rust st ted the
cost would be $1,441.
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October 19, 1981
Page 4
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"Communications -No Action Recommended" on the
agenda were:
(a) Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
(b) Minutes of the Liquor License Authority meet-
ing of September 23, 1981.
(c) Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim, California.
(d) Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance
at the APWA Congress and Equipment Show in
Atlanta.
(e) Municipal Court Activity Report for the month
of August, 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED ", AGENDA ITEMS 5(A) -5(E). Council Member
Bilo seconded the motion. Upon a cal l 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 .
ORDINANCE NO. 71
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN DOWNTOWN IMPROVEMENT DISrRICT NO. 1980-1, IN THE CITY OF
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTION-
MENT 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 COLLECTIO N AND
PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY •
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October 19, 1981
Page 5
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COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI-
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM.
COUNCIL MEMBER BILO MOV ED TO PASS COUNCIL BILL NO. 69,
SERIES OF 19 81, ON FIN AL READ ING . Council Member Fitzpatrick
seconded the motion.
In response to Co un cil Member Neal's question, City
Attorney DeWitt stated he had received no response in objection
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
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.
SERIES OF 1981--
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER KEENA
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October 19, 1981
Page 6
A BILL FOR
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AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes :
Nays :
Council Members Higday, Neal , Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor de c lared th e motion carried.
ORDINANCE NO. SERIES OF 1981 __ _
* * * * * *
BY AUTHOR I TY
A BILL FOR
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING TITLE I X, CHAPTER 6, SECTION 35. OF THE
ENGLEWOOD MUNICIPA L COD E '69 , BY ADDING A PROVISION REQUIRING
A DEPOSIT FEE FOR A BUS INE SS THAT CONDUCTS A "GOING-OU T-OF-
BUSIN ESS SALE."
COUNCIL ME MBER FITZPATRIC K MOV ED TO PASS CO UNCIL BILL
NO. 8 2, SE RIES OF 1 9 81, ON FIRST RE ADI NG. Coun cil Memb er Bilo
s econ ded the motion .
Director of Fin nc , Gary Higb e, app red before
Co un cil to d iscuss the bill . Mr. Higbe stated his d p rtment
h a d n ot rece i ved any fe db ck reg rding thi s bill from anyone .
Mr. Higb ee s t ated th purpo of the bill was to i ns ure t h at
the Ci ty re ceived its 3~ s 1 tax nd t t he s me time not
plac ny undue hardship on buain s s .
I n response to Council M mb r Bilo's qu stion, City
Atto r ney DeWitt stat d aom busin a a have left town b fo r
p ying th s ales t x and r cov ring of le tax by th City
i s a n x pe n siv proc as . Mr . D Witt stat d t h ordin nc r -
q u ir a d posit to inaur 1 s t x coll ction •
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October 19, 1981
Page 7
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday sec-
onded the motion.
Council Member Neal stated this bill illustrates how
Council has worked together. The bill had been tabled three
times for the purpose of preparing a bill that was satisfactory.
Council Member Fitzpatrick stated this issue was the
bigg st complaint of citizens. The new ordinanc cuts down the
time to nforce th cutting of weeds. Mr. Fitzpatrick stated
staff ha been m de w r of work sourc that could h lp the
City in controlling weeds.
Upon a c 11 of the roll, th vote resulted as follows:
Aye :
Nays :
Council M mb rs Higday, Neal, Fitzpatrick,
K n , Bilo, Br d h w, Otis.
on •
Th yor d clar d h mo ion c rr1 d.
* * * * * *
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October 19, 1981
Page 8
ORDINANCE NO.
SERIES OF 1981--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at the
meeting objected to the plat.
No one objected.
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 FITZPATRICK MOVED TO APPROVE A PROCLAMA-
TION DECLARING NOVEMBER 27 AND 28, 1981, AT "HOPE CHEST DAYS".
Council Member Keena seconded the motion. Upon a call of the
roll, the vote resulted as follows :
Ayes : Council M mbers Higday, Neal, Fitzpatrick,
Keen , Bilo, Bradshaw, Otis.
Nays : None.
Th Mayor declar d th motion carried.
Mayor Otis re d th
deliver th procl m tion to
*
procl m tion and stated he would
h Lions Club the following d y.
* * • * *
City Attorn y D Witt discu d th
Construction Company vs. City of Engl wood •
law suit of Olson
Mr. DeWitt stat d
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October 19, 19Bl
Page 9
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the suit involves a dispute over payment of use tax. The dis-
pute arises from a change in legislation on the state level and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
tion Company was the contractor. Mr. Holland stated the change
in statute took place after construction began.
City Attorney DeWitt stated the City's contract forms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCTION
COMPANY VS CITY OF ENGLEWOOD. Council Member Fitzpatrick 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 mction carried.
* * * * * *
City Attorney DeWitt stated the next hearing in the
matter of After The Fox on a liquor license matter would be
November 23, 1981.
* * * * * *
City Attorney DeWitt stated the hearing on the Vern
Mann case against th City on lection cl ims would be October 27,
1981.
ORDINANCE NO. 72
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE FIXING THE TAX LEVY IN MlLLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABL PROPERTY WITHIN THE CIT Y
OF ENGLEWOOD, COLORADO, FOR TH YEAR 1982 AND ESTABLISHING A
MILL LEVY FO THE ENGL WOOD COLORADO DOWNTOWN DEV LOPMENT AU-
THORITY AND DECLARING AN EMERGENCY •
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
* * * * * *
City Manager McCown presented a Council Communication
from the Director of Community Development concerning an out-of-
state travel request for the Housing Rehabilitation Techn ic ian
to attend a training session in Madison, Wisconsin. Mr. McCown
stated trip expenses would be taken from grant funds.
Assistant Director of Community Development (Housing)
Frances Jonas was present to answer any questions concerning the
request. There were no questions.
COUNCIL MEMBER KEENA MOV ED TO APPROVE THE OUT-OF-STATE
TRAVEL REQUEST FOR THE HO USI NG REHABILITATION TECHNICIAN. Coun-
cil Member Neal seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes :
Nays :
Council Membe rs Higday, Ne 1, Fitzpatrick,
Ke ena, Bilo, Br dshaw, Otis.
None.
The Mayor declar d th motion carried.
* * * • * •
Council M mb r Br dsh w instruct d th City Attorn y
to prepare re olution dr wing funds from the Halley Cent r
Trust Fund to pay for the cost of th brochur discu sed by
Harold Ru st arlier in the m ting .
from th
Council M mb r N 1 r qu t d writt n communica ion
ppropriat p rti s r comm nding th withdraw 1 .
* • * * * •
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October 19, 1981
Page 11
Council Member Bradshaw stated a forum for candidates
will be sponsored b y the League of Women Voters at the Police /
Fire Center, Thursday, October 22 , 1981, at 7 :30p.m.
* * * * * *
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
8 :30 p.m.
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REGULAR MEETING :
•
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
October 19, 1981
The City Council of the City of Englewood, Arapahoe
County, Colo rado, met in regular session on October 19, 1981,
at 7:30 p.m.
Mayor Ot is, presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo , Bradshaw, Otis.
Absent : None.
The Mayor declared a quorum present.
* * * * * *
Also present were : City Manager McCown
Assistant City Manag er Wanush
City Attorney DeWitt
Assistant City Attorney Holland
Director of Finance/ex officio
City Clerk-Treasurer Higbee
D puty City Clerk Watkins
* * * * * *
COUNClL MF.MB~R KEENA MOVED TO APPROVE THE MINUTES OF TKE
REGULAR MEETl G OF OCTOBER 5, 1981. Council Member Fitzpatrick
second d th motion. Upon a c 11 of th roll, th vote resulted
as follows :
Ay Council M mbers Higd y, N al, Fitzpatrick,
K n , Bilo, Br dshaw, Otis.
Nays : Non
Th yor d cl r d the motion carri d.
* * * * * *
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October 19, 1981
Page 2
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Pre-scheduled visitor, Howard Morarie, Jr., 3129 South
Sherman, was present and discussed several issues. On the water
tower, Mr. Morarie stated this issue was costing money and there
was no pressure being exerted by the City Council to resolve it .
Mr . Morarie suggested calling a special vublic hearing to get
input from citizens for resolution. On meetings, Mr. Morarie
alleged the meetings wer e being held in secrecy. He stated
state law requires city business to be held publicly and openly .
Further, there was no publication of study sess ion agendas or
public recording of study session minutes. Mr. Morarie stated
the budget retreats are held away from City Hall in closed session.
Mr. Morarie alleged there was "rubber stamping" of motions and
asked that Council's voting record be opened up. On the budget,
Mr. Morarie queri ed why there was a budget for the department of
administration when he could not find any section in the code or
charter which called for it . On following recommendations from
the citizens or the Planning and Zoning Commission, Mr. Morarie
stated Council was not doing this. He referred to Council's
action on set ting the maximum footage in the obscenity ordinance .
Mr. Morarie stated Council did not take the recommendation from
the Planning and Zoning Commission or from the citizens when
they wanted to set the 1,000 foot limit and enter into litiga-
tion over the matter. On the agreement for automatic fire calls
with surrounding cities, Mr. Morarie stated the City of Littleton
has laid off three firefighters and discontinued the operation of
one truck due to Englewood's assistance. Mr. Morarie stated
Englewood citizens should have to be paying tax s for this.
Council Member Neal stated h~ thought Mr. Morarie
should not use this Council meeting as a forum for a political
speech. Mr. Neal stated if Mr. Morarie had attended the study
sessions and Council meetings he would know the items about
which he spoke had been op e nly discussed .
Mayor Ot i s st ted th e Council has voted d i fferently
71 times since the month of Au g ust.
Coun c il Memb r Fitzp t rick t ted th previous Coun-
cil changed the pl n on th wate r t ow r nd did not hold
public hearing wh ich h ad , lot to d o with the ituation the City
was in today. Mr. Fitzp trick t t d Council c n not control the
courts.
Council M mb r
ate what Council h s don e
no m ss ge p rlor in th
removal by th nd of th y ar.
to de 1 with thi pro b l m. Co uncil decided
that would work not wh t wo ul
for I • •
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October 19, 1981
Page 3
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Council Member Bilo stated it was important to know
a r e quirement does not exist that all meetings had to be held
openly or that agendas had to be published.
Council Member Keena suggested that enough time had
been spent discussing these issues.
Mr. Morarie stated the Mayor had denied a public forum
to discuss these matters at the Mayor's coffee and this was why
he was discussing them at the meeting .
Council Member Higday stated the Mayor's coffee was
not a political forum.
Council Member Br a dshaw stated the League of Women
Voters was holding a "Meet The Candidates" night for the pur-
pose of a political forum.
* * * * * *
Pre-scheduled vis itor, Marvin Maus, Colon ia l Life &
Accident, was present. Mr. Maus stated his company offered
insurance that would supplemen t the City's present plan on a
voluntary enrollment. Mr. Mau s requested permission to dis-
cuss his company's plan with the d~partment in charge of bene-
fits.
May or Otis stated Council would take his reques t under
consideration and get back to him .
* * * * * *
Mayor Oti asked if there we re any other visitors
at this time.
Bob Brund
Mr. Brundage hop d or
election. Mr. Brund
presentation. Mr. Brund
the right plac to m ke
Council.
1 0 South Huron, appe red before Council .
larg voter turn-o ut for the upcoming
xpr s d di ple sure t Mr. Mor ri 'a
t t d Council m ting w s not
tion.
* * *
rkson, pp ar d befor
w s r pr nting the Malley Cen-
pproval to print nd distribut
n 1. t d "0 sign For L isur " wh ich
und . Mr. Rust st ted the
• • * * *
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October 19, 1981
Page 4
,.
•
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"Communications -No Action Recommended" on the
agenda were:
(a) Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
(b) Minutes of the Liquor License Authority meet-
ing of September 23, 1981.
(c) Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim , California.
(d) Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance
at the APWA Congress and Equipment Show in
Atlanta.
(e) Municipal Court Activity Report for the month
of August, 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED", AGENDA ITE MS 5(A) -5(E ). 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.
ORDINANCE NO. 71
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BIL L NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVI G THE WHOLE COT OF THE IMPROVEMENTS HAD .
IN DOWNTOWN IMPROVEMENT DISfRICT NO. 1980-l, IN THE CITY OF
ENGLEWOOD. COLORADO ; APPROVING AND CONFIRMING THE APPORTION-
MENT OF SAID COST TO EACH LOT OR TRACT 0 LAND IN SAID DlSTRLCT;
ASSESSING A SHAR OF SAID COST AGAINST EACH LOT OR TRACT 0 LAND
IN THE DISTRICT; PRE CRlBlNG THE HANNER FOR TH COLLECT! N AND
PA'iM NT OF SAID ASSESSMENTS; AND DECLARING AN EM GENCY •
•
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October 19, 1981
Page 5
..
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COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI-()
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion.
In response to Council Member Neal's question, City
Attorney DeW itt stated he had received no response in objection
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
The Mayor
ORDINANCE NO.
SERIES OF 1981
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradsh w, Otis.
None.
decl red the motion carried.
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER KEENA
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October 19, 1981
Page 6
A BILL FOR
•
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AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. SERIES OF 1981 __ _
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMEND ING TITLE IX, CHAPTER 6, SECTION 35, OF THE
ENGLEWOOD MUN ICIPAL CODE '69, BY ADDING A PROVISION REQUIRING
A DEPOSIT FEE FOR A BUSINESS THAT CO NDUCTS A "GOING-OUT-OF-
BUSINESS SALE."
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 82, SERIES OF 1981, ON FIRST READING. Council Member Bilo
seconded th motion.
Dir ctor of Fin nee, Gary Higb e, appe red before
Council to discus the bill. Mr. Higbee st ted his department
had not received any feedb ck reg rding this bill from anyone.
Mr. Higbe stat d th purpose of th bill was to insure that
the City r c ived its 3l s les t x nd at th sam tim not
plac ny undu hardship on bu in 8S 8 .
Attorn
p ying
is an
quir 1
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c
October 19, 1981
Page 7
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Council Members Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVA L FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CI.EAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday sec-
onded the motion.
Council Member Neal stated this bill illustrates how
Council has worked together . The bill had been tabled three
times for the purpose of preparing a bill that was satisfactory.
Council Member Fitzpatrick stated this issue was the
biggest complaint of citiz ns. Th n w ordinance cuts down the
time to enforce th cutting of weeds. Mr. Fitzp trick at ted
staff has been made war of work sources that could help th
City in controlling w ed
Upon a call of the roll, th vot r aulted as follows:
Ayes :
N ys :
Council M mb rs Higday, N l, Fitzpatrick,
K n , Bilo, Br dahaw, Otis.
Non •
Th Mayor d ct r d h mo ion carri d.
* * * • • •
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October 19, 1981
Page 8
ORDINANCE NO.
SERIES OF 1981-·--
BY AUTHORITY
A BILL FOR
•
• •
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at the
meeting objected to the plat.
No one objected.
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 de cla red the mot i on carried.
* * * * * *
COUN CI L MEMB ER FITZ PATRI CK MOVED TO APPROVE A PROCLAMA-
TI ON DEC LAR I NG NOV EMB ER 27 AN D 28, 1 981, AT "HOP E CH EST DAYS ".
Co un cil Member Keena seconded the motion. Upon a call of the
roll, the vote resulted s follows :
Ayes :
Nays :
Council M mb rs Higday, Neal, Fitzp trick,
Ke n , Silo, Bradshaw, Otis .
None.
Th Mayor d clar d th motion carried .
M
deliver th
is r ad th procl mation a nd stat d h would
to th Lions Club the follo wing day .
* * * * * *
City Attorn y 0 Witt diacu d th law auit of Olaon
Construction Company va. City of En 1 wood . Mr. De Witt stated
•
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October 19, 1981
Page 9
•
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the suit involves a dispute over payment of use tax. The dis-
pute arises from a change in legislation on the state level and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
t~on Company was the contractor. Mr. Holland stated the change
in statute took place after c onstruction began.
City Attorney DeWitt stated the City's contract forms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCTION
COMPANY VS CITY OF ENGLEWOOD. Council Member Fitzpatrick sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes :
Nays :
Council Members Hi gday, Neal, Fitzpatrick,
Keena , Bilo, Bradshaw, Otis.
None.
The Mayor declared the mction carried.
* * * * * *
City Attorney DeWitt stated the next hearing in the
mat ter of After The Fox on a liquor license matter would be
November 23, 1981.
* * * * * *
City Attorn y DeWitt stated the hearing on the Vern
Mann c se gainst th City on lection cl ims would be October 27,
1981.
ORDINANCE NO. 72
SERieS OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER SILO
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABL. PROPeRTY WITHIN THE CITY
OF ENGL WOOD, COLORADO, FOR THE YEAR 1982 AND STABLISHING A
MILL L VY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEV LOPME T AU-
THORITY AND DECLARING AN EM RGENCY .
•
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
* * * * * *
City Manager McCown presented a Council Communication
from the Director of Community Development concerning an out-of-
state travel request for the Housing Rehabilitation Technician
to attend a training session in Madison, Wisconsin. Mr. McCown
stated trip expenses would be taken from grant funds.
Assistant Director of Community Development (Housing)
Frances Jonas was present to answer any questions concerning the
request. There were no questions.
COUNCIL MEMBER KEENA MOVED TO APPROVE THE OUT-OF-STATE
TRAVEL REQUEST FOR THE HOUSING REHABILITATION TECHNICIAN. Coun-
cil Member Neal seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes :
Nays :
Counc il Members Higday, Neal, Fitzpatrick,
Keena , Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * •
Council M mber Bradsh w instructed the City Attorney
to prepare resolution dr wing funds from the M lley Center
Trust Fund to pay for th cost of th brochure discussed by
Harold Rust earlier in the m eting .
from th
Council Member N 1 requested written communication
ppropri te parti a r commending th withdrawal.
• • • • • •
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October 19, 1981
Page 11
Council Member Bradshaw stated a forum for candidates
wi i l be sponsored by the League of Women Voters at the Police/
Fire Center, Thursday, October 22, 1981, at 7 :30 p.m.
* * * * * *
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
8 :30 p.m. ~ 'Y'-t ff· ~ 'U ~ad<. puty ty erk
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REGULAR MEETING :
•
• •
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
October 19, 1981
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 19, 1981,
at 7:30p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-Day Saints, Englewood Ward,
999 East Tufts Avenue. The pledge of allegiance was led by
Boy Scout Troop #92.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw , Otis.
Absent : None.
The Mayor declared a quorum present.
* * * * * *
Also present were : City Manager McCown
Assistant City Manager Wanush
City Attorney DeWitt
Assistant City Attorney Holland
Director of Finance /ex officio
City Clerk-Treasurer Higbee
Deputy City Clerk Watkins
* * * * * *
COUNCIL MEMBER KEENA MOVED
REGULAR MEETING OF OCTOBER 5, 1981.
a cond d the motion. Upon c 11 of
a a follows :
TO APPROVE THE MINU TES OF THE
Council M mb r Fitzp trick
the roll, th vote resulted
Ay s : rAuncil M mb rs Higd y, N 1, Fltzp trick,
K n , Bllo, Br dshaw, 0 ia.
Nays : Non
Th Mayor d cl r d th motion c rrl d.
•
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October 19, 1981
Page 2
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Pre-scheduled visitor, Howard Morarie, Jr., 3129 South
Sherman, was present and discussed several issues. On the water
tower, Mr. Morarie stated this issue was costing money and there
was no pressure being exerted by the City Council to resolve it.
Mr. Morarie suggested calling a special public hearing to get
input from citizens for resolution. On meetings, Mr. Morarie
alleged the meetings were being held in secrecy. He stated
state law requires city business to be held publicly and openly.
Further, there was no publication of study session agendas or
public recording of study session minutes. Mr. Morarie stated
the budget retreats are h eld away from City Hall in closed session.
Mr. Morarie alleged there was "rubber stamping" of motions and
asked that Council's voting record be opened up. On the budget,
Mr. Morarie queried why there was a budget for the department of
administration when he could not find any section in the code or
charter which called for it. On following recommendations from
the citizens or the Planning and Zoning Commission, Mr. Morarie
stated Council was not doing this. He referred to Council's
action on setting the maximum footage in the obscenity ordinance .
Mr. Morarie stat ed Council did not take the recommendation from
the Planning and Zoning Commission or from the citizens when
they wanted to set the 1,000 foot limit and enter into litiga-
tion over the matter. On the agreement for automatic fire calls
with surrounding cities, Mr. Morarie stated the City of Littleton
has laid off three firefight rs anrl discontinued the operation of
one truck due to En lewood's assiscance. Mr. Morarie stated
Englewood citiz ns should have to be paying taxes for this.
Council M mber N 1 stated h~ thought Mr. Morarie
should not use this Council m eting as a forum for political
speech. Mr. N al ated if Mr. Morarie had attend d the tudy
sessions and Council meetings he would know the items bout
which he spoke h d been op nly discussed .
Mayor Ot is st ted the Council has vot d differently
71 tim a inc t he month o Au g u t.
Coun c il M mb er Fi t zp t rick t ted the previous Coun-
cil ch nged the p l ns on t h wate r tower nd did not hold
public hearing which had lot to do with the situation the City
w s in today. Mr. Fit z pat rick t ted Council can not control the
court •
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October 19, 1981
Page 3
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Council Member Bilo stated it was important to know
a requirement does not exist . '·at all meetings had to be held
openly or that agendas had to be published.
Council Member Keena suggested that enough time had
been spent discuss ing these issues .
Mr. Morarie stated the Mayor had denied a public forum
to discuss these matters at the Mayor's coffee and this was why
he was discussing them at the meeting.
Council Member Higday stated the Mayor's coffee was
not a political forum.
Council Member Bradshaw stated the League of Women
Voters was holding a "Meet The Candidates" night for the pur-
pose of a pol itical forum .
* * * * * *
Pre-sch ed uled visitor, Mar v in Maus, Colon ial Life &
Accident, was present. Mr . Maus stated his company offered
insurance that would supplement the City's present plan on a
voluntary enrollment. Mr. Mau s re quested permission to dis-
cuss his company's plan with the dqpartment in charge of bene-
fits.
Mayo r Otis stated Council would take his request under
consideration and get back to him.
* * * * * *
Mayor Otis asked if there were any other visitors
at this time.
Bob Brundage, 4140 South Huron, appeared before Council.
Mr. Brundage hoped for larg voter turn-out for th upcoming
election. Mr. Brund ge xpr sed disple sure at Mr. Morari 's
pres nt tion. Mr. Brund g stated a Council me ting was not
the right plac to m ke uch pre entation.
* * * * * *
Harold Ru , 3811 South Cl rkaon, ppe r d b for
Council. Mr. Rust st ted h w repr senting the Malley Cen-
t r Trust Fund and r qu t d pproval to print nd distribut
2,000 copies o brochur ntitled "Design For L i ur " which
xpl ined th ~urpoa of th tru t fund. Mr. Rust t t d th
cost would be $1,441.
• • • * • •
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October 19, 1981
Page 4
"Communications -No Action Recommended" on the
agenda were:
(a)
(b)
(c)
(d)
(e)
Minutes of the Planning and Zoning Commission
meetings of September 15 and 22, 1981.
Minutes of the Liquor License Authority meet-
ing of September 23, 1981.
Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim, California.
Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance
at the APWA Congress and Equipment Show in
Atlanta.
Municipal Court Activity Report for the month
of August, 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED", AGENDA ITEMS 5(A) -5(E). Council Member
Bilo seconded the motion. Upon a call of the roll, the vote
resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitz patrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried .
ORDINANCE NO. 71
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOLE COST OF THE I MPROV EMENTS MAD E
IN DOWNTOWN IMPROVEMENT DISfRICT NO. 1980-1, IN THE CITY OF
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMI NG THE APPORTION-
MEN T OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT;
ASSESS I NG A SHARE OF SAID COST AGAINST EACH LOT OR TRA CT OF LAND
IN THE DISTRICT; PRESCRIBING THE MANNER FO R THE COLLECTIO N AND
PAYMENT OF SAID ASSESSMENTS; AND DECLARI NG AN EMERGENCY •
•
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October 19, 1981
Page 5
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__ ____._ -----
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL
BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem-
ber Neal 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.
ORDINANCE NO. 68
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICI-
PAL CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE
HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFORM.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion.
In response to Council Member Neal's question, City
Attorney DeWitt stated he had received no response in objection
to the ordinance. City Attorney DeWitt recommended additional
legislation relating to subpoena in this matter at a later date.
ORDINANCE
SERIES OF
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Th Mayor
NO.
1981 -
Council Members Higday , Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
declared the motion carried.
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER KEENA
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October 19, 1981
Page 6
•
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A BILL FOR
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 80,
SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes:
Nays :
Council Members Higday, Neal , Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, OF THE
ENGLEWOOD MUNICIPAL CODE '69, BY ADDING A PROVISION REQUIRING
A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-
BUSINESS SALE."
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 82, SERIES OF 1981, ON FIRST READING. Council Member Bilo
seconded the motion.
Director of Finance, Gary Higbee, appeared before
Council to discuss the bill. Mr. Higbee stated his department
had not received any feedback regarding this bill from anyone.
Mr. Higbee stated the purpose of the bill was to insure that
the City received its 3~ sales tax and at the same time not
place any undue hardship on businesses.
In response to Council Member Bilo's que tion, City
Attorney D Witt stated some businesse have left town before
paying the sales tax nd recov ring of sales tax by th City
is an expensiv proc s. Mr. D Witt stated th ordinance re-
quir s d posit to insur les t x collection •
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October 19, 1981
Page 7
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Council Member Neal spoke against the bill on the basis
that taxes should not be collected before the sale.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR .
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74,
SERIES OF 1981, ON FIRST READING. Council Member Higday sec-
onded the motion.
Council Member Neal stated this bill illustrates how
Council has worked together. The bl\1 had been tabled three
times for the purpose of preparing a bill that was satisfactory.
Council Member Fitzpatrick stated this issue was the
biggest complaint of citizens. The new ordinance cuts down the
time to enforce the cutting of weeds. Mr. Fitzpatrick stated
st ff has h en made aw r of work sources that could help the
City in controlling we d
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nay
Council M mbers Higday, Neal, Fitzpatrick,
K n • Bilo, Bradshaw, Otis.
Non
Th Mayor d cl red th motion carried .
* * * * • *
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October 19, 1981
Page 8
ORDINANCE NO. SERIES OF 1981 __ _
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion.
Council Member Fitzpatrick was granted permission to
suspend the rules for the purpose of asking if anyone at t he
meeting objected to the p l at.
No one ob jected.
Upon a call of the roll , the vote resul t ed as follows :
Ayes :
Nays :
Council Members Higday, Neal , Fitzpa tr ick ,
Keena , Bilo , Bradshaw, Otis.
None.
The May o r de c l a red the mot i on carried.
* * * * * *
COUN CIL MEMB ER FITZ PATRIC K MOVED TO APPROV E A PRO CLAMA-
TI ON DE CLAR I NG NOV EMB ER 2 7 AN D 28, 1981 , AT "HOP E CHEST DAYS".
Co un cil Memb er Keena seconded the motion . Upon a call of the
roll, the vo te resulted as follows :
Ayes :
Nays :
Council Members Higday, Ne 1, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried .
Mayor Otis read the proclamation and stated h would
deliver the proclamation to th Lions Club th following day.
* * * * * *
City Attorney De Witt diacussed th law auit of Olson
Construction Comp ny vs. City of Englewood. Mr. Witt tat d
I • •
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October 19, 1981
Page 9
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the suit involves a dispute over payment of use tax. The dis-
pute arises from a change in legislation on the state level and
contains legal issues the Court will have to decide.
Assistant City Attorney, Tom Holland, appeared before
Council. Mr. Holland stated the suit is in connection with the
construction of the Allen Water Treatment Plant. Olson Construc-
tion Company was the contractor. Mr. Holland stated the change
in statute took place after construction began.
City Attorney DeWitt stated the City's contract forms
have been changed reflect the change in the statute.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT-
TORNEY TO DEFEND THE CITY IN THE MATTER OF OLSON CONSTRUCTION
COMPANY VS CITY OF ENGLEWOOD. Council Member Fitzpatrick sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes : Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the met ion carried.
* * * * * *
City Attorney DeWitt stated the next hearing in the
matter of After The Fox on a liquor license matter would be
November 23, 1981.
* * * * * *
City Attorney DeWitt stated the hearing on the Vern
Mann case against the City on election claims would be October 27,
1981.
ORDINANCE NO. 72
SERIES OF 1981
* * * * * *
BY AUTHORITY
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 ALL TAXABLE PROPERTY WITHIN THE CITY
OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A
MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AU-
THORITY AND DECLARING AN EMERGENCY •
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October 19, 1981
Page 10
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FINAL 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.
* * * * * *
City Manager McCown presented a Council Communication
from the Director of Community Development concerning an out-of-
state travel request for the Housing Rehabilitation Technician
to attend a training session in Madison, Wisconsin. Mr. McCown
stated trip expenses would be taken from grant funds.
Assistant Director of Community Development (Housing)
Frances Jonas was present to answer any questions concerning the
request. There were no questions.
COUNCIL MEMBER KEENA MOV ED TO APPROVE THE OUT-OF-STATE
TRAVEL REQUEST FOR THE HOUSING REHABILITATION TECHNICIAN. Co un-
cil Member Neal seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Council Memb r Bradsh w instruct d the City Attorney
to pr pare r olution dr wing funds from th Malley Cent r
Trust Fund to pay for th cost of th brochur di cussed by
Harold Ru s rli r in th tin •
from th
Council M mb r N 1 requ ted writt n communic tion
ppropriate parti 1 recomm nding th withdraw 1 .
* * • • * *
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-__._,-=-==-=====
October 19, 1981
Page 11
Council Member Bradshaw stated a forum for candidates
will be sponsored by the League of Women Voters at the Police/
Fire Center, Thursday, October 22, 1981, at 7:30 p.m.
* * * * * *
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
8 :30 p.m.
•
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7 :30 P .M.
1.
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~------
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL ~
OCTOBER 19, 1981 ~~
I ~ /'[ __
Call to order , invocation by Bishop Philip W. Nolen,
Church of Jesus Christ of Latter-day Saints , Engle-
wood Ward, 999 East Tufts Avenue, pledge of al-
legiance by Boy Scout Troop #92, and roll call.
L F-<U -.t...-1-
Minutes .
(a) Minutes of the regular meeting of October 5,
1981. (Copies enclos ed .)
2. Pre-Scheduled Visitors. (Please limit your presenta-
tion to 10 minutes.)
3.
4 .
(a) Mr. Howard Morarie, 3129 South Sherman Street,
will be present to address Council concerning
various City matters.
(b) Mr. Marvin Maus, Co lonial Life & Accident, will
be present to request approval to expand en-
rollment of their insurance to City employee s.
(Memorandum from the Di ector of Employee
Relations enclosed.)
Other Visitors. (Pleas~ limit your presentBtion ~-
to 5 minutes .)-IJ,_t-~~~-~0 ,/.J. .,. __ _;-~<.l..~cn:UN...J
~ N tt 1 d t • tx.~... 1: V1.-U. L :1 • '
Public Hearing . '-6-t. l u.cv.'
Communication s -No Action Recommended.
(a)
(b)
Minutes of the Planning and Zoning Commission
m tings of Sept mber 15 and 22, 1981. (Copies
nclosed .)
Minut s of th Liquor License Authority m ting
of S pt mb r 23, 1981. (Copies nclo sed.)
•
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--~=:...::=-=====-=
Page 2
October 19, 1981 Agenda
't
5. Communications -No Action Recommended (Continued).
(c) Memorandum from the City Manager and Assistant
City Manager concerning their attendance at the
annual ICMA Conference in Anaheim, California.
(Copies enclosed.)
(d) Memorandum from the Director of Public Works,
Director of Engineering Services and Street
Superintendent concerning their attendance at
the APWA Congress and Equipment Show in Atlanta.
(Copies enclosed.)
(e) Municipal Court Activity Report for the month
of August , 1981. (Copies enclosed.)
6. Communications -Ac tion Recommended.
7 . City Attorney .
Ordinances on Final Reading .
(a) Ordinance approving t he whole cost of the
improvements made in Downtown District No .
1980-1, in the City of Englewood, Colorado ;
approving and confirming the apportionment
(b)
of said cos t 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; prescr ibing the manner for the
collection and payment of said assessments ;
and declaring an em rgency. (Copies enclosed .)
Ordinance amendin g Title I, Chapter 7, of the
1969 Englewood Municipal Code, as amended, re-
lating to rules of procedure before hearing
bodies of the Ci ty and providing for appeal
therefrom . (Copies enclosed.)
Bills for Ordinances .
Bill approving an amendment to an agreement
between the City of Englewood, Colorado, the
City of Littleton, Colorado, and Urban Drain-
age nd Flood Control District, concerning
the replacement of Lehow Brid ge across Big
Dry Creek. (Copies enclosed.)
(d) Bill mending Title IX, Chapter 6, Section 35,
of the 1969 Engl wood Municipal Code, by ~ . dding a provision requiring a deposit f e
-<. ~ It, for business th t conducts a "Going-Out-Of-
1.1'-Busin ss S le ." (Copi s nclosed .)
•
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,1\ol"
1:<'
·i
Page 3
October 19, 1981 Agenda
7. City Attorney (Continued).
Bill for the control of items of debris which
accumulate upon and need removal from real
property within the City of Englewood in
order to maintain a clean, beautiful and
healthy city, and providing standards,
procedures and remedies therefor. (Copies
enclosed .)
Bill approving Cottonwood Village Subdivision
Plat. (Copies enclosed.) (!_ ~~~!!)
'--1{ U-
Proclamation .
Proclamation proclaiming November 27 and 28 ,
1981 as "Hope Chest Days." (Copies enclosed.)
Other Ma tters.
e! A h tU-ft~ (h)
(i)
Olson Con struction Company vs City of En g lewood .
(Cop i es enc losed .) ~ flltL ~~ t).~<.-V il..... -rrj-
Attorney's Choice.-'~ "--;:r---11-~ 3 If/
-7 :J ~ ?? in~ c /b -~ '1-rJ
8. City Mana g er .
Ordinance on f inal reading fixing t he t ax l evy
i n mi ll s upo n each dollar of the as s essed
v a luat i on of al l taxable property within t he
City of En glewood, Colorado , for the year 19 8 2
and estab lishin g a ml ll levy for the En gl ew ood,
Colo r ado, Do wn t own Development Author ity and
declaring an em e rgency. (Copies enc losed.)
(b) Council Communication from t he Community Develop-
ment Director concerning o u t-of-state travel
approval for the Housing Rehabilitation Techni -
cian to attend a training session in di s on,
Wisconsin . (Copies enclosed .) -',!"-r 'j ) J
(c) Manager's Choice .
9 . General Discussion.
(a) Mayor 's Choice .
(b) Council M mb r's Choic .
(i) a of th Elli
• I uv-
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Page 4
October 19, 1981 Ag enda
10 . Adjournmen t.
/) };,u -
v010~· v ;;,c~,uch'-
AND MC COWN
Cit Manager
I • •
•
•
• •
Moved Seconded Aye Na y Absent Abstain
HiQday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
6JjM_ j)J (Jul-lv -~
~ok~Y'!-~ ¥~
(?~ ~ ~-~t-,-ftqb!,
(p/V-
J}j'-(. !U'}L
l?Jr;.~
jb 't ; I~
/~t
•
I . .
• -
• •
ROLL CALL
Moved Seconded Aye Na y Absent Abstain
Higday ,__.-
Neal --v
Fitzpatrick y
Keena ,_
Bi lo v-
Bradshaw v-
Oti s v--
I • •
• •
•
• •
ROLL CALL
Moved Seconded A'f'\ Nay Absent Abstain
Higday \
Neal I ,........... Fitzpatrick I
v Keena I
8110 I
Bradshaw
Otis
;~
I • •
•
-•
• •
------
ROLL CALL
Moved Seconded
Aye Nay Ab
Higday
Neal
Fitzoatrick
Keena
Bi lo
Bradshaw
Otis
//ru '~ ~i-LL ,J'
,j I d C) S /?JMo ' a,_,___
/
sent A bstain
I • •
•
• •
ROLL CALL
Aye Na y Ab sent Abstain
Moved Se c onded
Higday
Neal
Fi tzpatrick
Keena
Bi lo
Bradshaw
Oti s
..-
' ./-• if r e lc(l--t--tffu
L J 'L<y 0 f~ < ?' ,_j,
' J. r /, '"'" r' jL. ~-u <
{>)! J ~:U.u ~~l1..~ ~/-
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&/ _i r--u-?d d
a-c ' u ~f-./
;ta 1'1 ( I')
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tf ttl .
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d~ ')1()/l 1&..J ' u. ~· )/-/)
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1, ~ (.fJ __, ""7i u / ,~ z~
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fo h-<J~bn' r. •~;[;
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t_IU~ {JJ' i)lJ
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ROLL CALL
Moved Se con ded
Aye Nay Absent Abstain
Higday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
-1.. f) ·~~ 4 / 4f:U <'~ -. di-'t.J' '> ui... ~ ( .,~.(VV:Y -QA. I l,t.::J .-:)-
'-ii<t ' ' '~ 7)
0?.1 tyl C<. . .l .. c1
~ ifYl-'Le .
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... A,U _ 1 Aruw c.ru 1t0' "if'tJ r ~:_& .... ~ <~ ./1-~ < tfL I! . .J.~ ~ 1 tj~/ /<J P-;cb.J ~&.l.J CLt!lu
aJ ; 1!.< ,u f!',,/'tu~ ~LL
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ci ~ (l--4./ ~7·
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~ tt Lur
It 6
'-(A.y 4.-l (' £ ) ~
-•
• . . •
ROLL CALL
A N ye ay Ab s ent Abstain
Moved Seconded
Higday
Neal
Fi tzoatri ck
Keena
Bi lo
Bradshaw
Otis
-fo>~~ ,M~ r -
Y(..i.R )'L/1 · /f'U/1~ (}h>itj
_dp/)v.../.d t-{.t~0
,'ff(M",_; · 'nl r · -/Wo
~~ o..r ~
</< {'f ;rv-j'-v . ref»~ -' /> 1-f;u jd:<~'
'I 1-"---' (/; iJ_ u.-f U ff'1 « :" -,vu-/-'-1 Yu.o
,.-< ~ f" ,, fulU .; -/"" .,_,__.,p~ "rf
'ljuJvk<>a '· ~ &r>" , "' _j;L '' ;/Ill 1~ )t;' 1 ' 0 1./ '/n'YI.I ? ~ f 0 ,?d<.-1~ L
<..... lU J;, f
l ! Ld L<-<--_/IJ 'f ,d~l /1'-"' ,~t./; #j"' \LV.U'l,
-nl_ ,.-,· • ./' ~) 'J_,) I / ,< ~I /-• 11 dJ' .;{_-<1 £_
,.__ JL" &., .~ ~ 1it4 ;l1. r!J !J'ntU LU-"-•
u '!)< l u ,,!.f,.:_ /)1 ' }. -; 'Jn-'f'l'
1
tf ' ,
/'}.".I o lu-, p .J.<d /;.; /~ · ,;d
'-(J? (j~'"' /lti&i 'j-./ 1•u>1 < {:J,•t¢,
•
I • •
•
•
•
' . •
--.--=.--:---=-
ROLL CALL
Moved Seconded Aye Na y Absent Abstain
HlQday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
~v.tae&-'1 t4-/ J /Z
(lLd.J A.~ {2;)'{/LJz-.'>x /)Lod
'7& y~ cz) ,/)J-Ule-T'
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., t: ) l /-... A..< ?
10
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/tf 'i -../ 1 Lc>?..U U
~ £<! u au /!'/
?
+ 1(7 i . (}('
t ' t
I •
-•
•
, . •
-----------·
ROLL CALL
Moved Seconded
A ye Nay Absent Abstain
Hlqday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
cS ~ j ?JL.<f_l1ft.J ~ ~,.,d'f /11 '-/0 J; Cf/t<!Ll u
(I A W '> •f 0 /Y: u. ~ ~ l u '-'
.-u~·l 1.Jl.... . . ,....---
-/lu'jv CJ~ 61,• < ~ lf "
_ '-/1 n1J t_n -L.f J v-"':ULU'-'
-)flrl-'-'1j {rce>' 1 /V-f r ' _.I _,'!...~_ P' ~", '"J Y " c~,
I
( . -/}T10l/ 11L.d;.J;.z1
'u._J } ()
l ~ t.' /.A r v<· ~/)(!..
\cj )tl /> ,11 'f M L
3 f I I 5 u a_ • bJ I'>'-" m 0-&uLi~
(4{1 '
• •
I • •
•
• •
--~---=-------~-
ROLL CALL
Moved Seconded A ye Nay Absent Abstain
HCqday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
•
•
I • •
•
• •
ROLL CALL
Aye
Moved Seconded
Higday ~
Neal 1
Fitzpatrick I
~
Keena I
-v Bi lo /
Bradshaw \
Otis '\
'
Nay Absent Abstain
•
• I .
• •
•
• •
ROLL CALL
Moved Seconded Ay~ Nay Absent Abstain
Hiqdav
v Neal ,__ Fitzpatrick
Keena I
Bi lo
Bradshaw I
Otis
\
Jvi .'l/
I • •
• •
• -
• •
ROLL CALL
d s d d Aye Nay Absent Abstain
Move econ e
H !JI.diiY
Neal
..!:::::. Fit~atrick
Keena
.Jc::.. Bi lo
Bradshaw
Otis
1h
• 0
•
• •
----·mz
ROLL CALL
M d s d d A Ab
ove econ e ~ Nay sent sta1n
H i_gd'!Y_
Ab
Neal
Fitzpatrick
Keena j_ Bi lo _]_
Bradshaw I Otis I
\
I .
•
• -
• •
ROLL CALL
Moved Sec d
L
on ed Aye Nay
I Hiodav
Absent
Neal
Fitzpatrick
~ Keena
Bi lo
v Bradshaw
1 Otis
7&1, ~
J1t;, 0
I t t I ~-ii> t t
71, 1J-r J:. ~C
Q. 5 ')o
1
;J .S ?o ,:J
• •
Abstain
1
-~ 1-
I . •
•
• •
--=:.-=====-.:...= =====:::::::==:.:=:==::::::=:--:::-'~-:::--_ __:::= ------.,..__ ~---~-----
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
H i_gday \ Neal I Fitzpatrick _1 Keena _j_ Bi lo _j_
Bradshaw I Otis \
"
I • •
• •
•
• •
ROLL CALL
Moved Seconded A ye Nay Absent Abstain
Higday
Neal
v-FitzPatrick
Keena
v-Bi lo
Bradshaw
Otis
I . •
•
•
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday
Neal
Fi tz_p_atri c k 1 Keena
Bi lo
Bradshaw 1 Otis 1
I • •
• •
• -
• •
---J::>
ROLL CALL
Moved Seconded Aye N ay Absent Abstain
Y' Higday ,_-Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
1 -~ ·-'--' .o-:li... &-a'-' ~ --L~<r r!,-u')(e<)
~ & 1.fi1 i-4 ·-~<f '.3 X -/lA. a-a
1 .>a 1 tJ -f luh , ~c:J --;;
{;
J-( '' ) 1 f t ~ ( ~ ( -/'1~ f' ~ )d tcU
( .,.,/ I /)(_I) -')L u.._; ' /
1/)l 4~.J..,I ,U /Z~ J.-.tl ~c.......
t_'l
? )
I .
• •
•
• •
ROLL CALL
Moved Seconded Aye Na y Absent Abstain
'\
Higday
Neal
Fitzpatrick
Keena I
Bi lo I
Bradshaw I
OtiS l
\
I .
• •
-
•
•
•
•
• •
ROLL CALL
Moved Seconded Aye Nay Ab t sen Ab stain
.........
HiQday
Neal ,._.,.---Fi tzp_atri ck
Keena
Bi lo
Bradshaw
Otis
;U-r ~~ ~~~~ er-
r~_.~!~~
)'L)
•
I .
• -
• •
ROLL CALL
Moved Seconded Aye ....... Na y Absent Abstain
Higday \
Neal I
Fitzpatrick 1 Keena I Bi lo I
Bradshaw I
Otis l
\
I .
• •
• -
• •
ROLL CAL L
Moved Seconded Aye Na y Absent Abstain -H i-cl-day
Neal 1
~ Fitz atrick
1--
,_ Keena
Bi lo
Bradshaw
Otis
I • •
• •
•
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
-Hiodav \
Neal l
Fitzpatrick I
Keena I
y-Bi lo I
Bradshaw
Otis \
I • •
•
•
•
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
v'YY) v ~L, --~ . ~ir (2lU /}ff
-_/ ~L -fJ--' .A~ ~ c~~u.£
z; a &..vcfu dZ'>?0' "(;fo_ ~ I~
-
6 1 C[LlU ~v
L & c1"'--z :u tJ <1-c ~ ~~ ~'1-.-Ci'<" 1---
ex · & ___. 1 ... /) 1 C /t "' ?"-
~ ( l u (! {LJ t'lv
/.. "-t J,({ ~ J))L...· 2.~ ,41 Ja <.
•
)t1-( ~ Zu...-t.__, e -1<-..h
& ;:: (/u.J
I . •
• -
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday \
Neal I
L/' Fitzpatrick I
...--Keena I
Bi lo 7
Bradshaw '7
Oti s \
"'
•
I • •
• •
• -
• •
ROLL CALL
Moved Seconded Aye Nay Ab s t en Ab sta1n
Hioday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
---
I . •
•
• -
• •
ROLL CALL
M ove d s d d econ e A ~ N ay Ab sent Ab staan
Hiqday l
Neal I
~ Fitzpatrick I
Keena I
1/ Bi lo I
Bradshaw l
Otis \
\
I • •
• •
•
• .. •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Hiqdav
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
I.
I .
•
• -
• •
ROLL CALL
Moved Seconded Ay~ Nay Absent Abstain
Hiqday
v-Neal I
Fitzpatrick
......... Keena I
Bi lo I
Bradshaw I
Otis I
Anf\JL \
•
• I .
• •
• -
•
, . •
ROLL CALL
Moved Seconded A ye Nay Absent Abstain
Hioday
Neal
Fitzpatrick
Keena
Bi l o .,. Bradshaw
Oti s
I .l....1 ~ tHL ,._J
qh!L ) J;:::y:
/
II/, t.f (j I
_ __..L-1/(~t::::-d..~/---+~-fVLL,U;-_..-;;_~_L~ffu_·_~/l_. tL Q.< '~-f fit~ .
/ ') l /t I . •
• •
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•
•
REGULAR MEETING :
•
• •
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COL ORADO
October 5, 1981 \(}v
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on October 5 , 1981,
at 7 :3 0 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by James Clark, Minister of
Mayflower Congregational 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 o f the
roll, the following were present:
Council Members Higday, Neal, Fitz patrick, Keena,
Bilo, Bradshaw, Otis.
Absent· Non •
The Mayor declared a quorum present .
* * * * * *
Also pres nt were: City Manager McCown
Assistant City Manager Wanush
City Attorney DeWitt
Assistant City At torney Holland
Directo r of Community Development
Powers
Deputy City Clerk Watkins
* * * * * *
COU CIL E B:R BRADSHAW MOVED TO APPROVE THE MINUTES OF
THE SPECIA L M.F.TI 0 ~PTEMBE 1 , 1981. Council Member Keena
second d th motion. Upon 11 of th roll, the vote resulted
as follows :
Ay
Nay
Th or
Council Member Higd y, Neal, Fitzpatrick,
en , Bilo. Brad haw, Otis.
cl red th mo Lon c rrl d.
* * .. * *
I •
•
October 5, 1981
Page 2
•
• •
COUN CIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF SEPTEMBE R 21, 1981. Council Memb er Bilo
seconded the moti on . Upon a call of the roll, the vote resulte d
as follows :
Ayes :
Nays :
Abs tain :
Council Members Neal, Fitzpatrick ,
Keena, Bilo, Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MIN UTES
OF SPE CI AL MEETING OF SEPTEMBER 28, 1981 . Council Member Keena
seconded the motion. Upon a call of th e roll, the vote resulted
as follows :
Ayes :
ays:
Council Members Higday, Neal , Fitzpatrick,
Keena, Bi1o, Bradshaw, Otis.
None.
Th Mayor declared the motion ca rried.
* * * * * *
A r cognition ceremony was held for the participants in
the "Work-Recr ation" Progr m. Mary Campbel l assisted Ma yor Otis
in presenting the c rti icat s . The following youth were p resent :
Stev B 11
4601 s. Lipn
L ura Gib on
4801 tnca
Haidon
s. Lo
L ur 1 Lehnus
37 0 s. El ti
Mik 01
24 -.
n
Scott Blunk
0 S. Wa hington
D na Gi li s n
1317 E. B llevi w
f265
•
Amy Gibson
4801 S. Inc
Danny Glenn
4090 S. Pearl
Davis Lehnus
3730 S. Elati
Lisa 0 good
624 E. Amh r t
Sh leigh Wilkl
4270 S. lnc 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.
one.
The Mayor declar d th motion carried .
Ms. Lorr ine J nkins, pre ident of the Englewood Busi-
ness and Professional Women's Club, and Ms. Pat Quinn, Chairman
of National Busine s Wom n's e k, were present to accept the pro-
clamation.
atur
Ther w r
* * * * * *
Ms. Gerri Cummins, president of
of Wom n Vo r , was present. Ms. Cummins
budg t w being prepared and asked Council's
contribuLion to th League in the mount
*
no 0 h
*
d hi w s what th City gave last year
diatribu d mple of th typ of liter-
i h h h lp from ag ncies like th City.
.. • * *
r via tor t this time.
• • * * •
or th continu tion o
inal r ding pproving th
Downtown District No. 1980-1
•
I • •
•
•
• •
October 5, 1981
Page 4
Susan Powers, Direc t or of Community Development , came
forward and presented a memorandum in response to the questions
asked at the publi c hearing on September 14, 1981. Ms. Powers'
response included a recommendati on to change the assessments of
3484-6 South Bro adway and 7-9-11 West Hampden Avenue.
COUNCI L MEMBER BILO MOV ED TO ACCEPT THE MEMORANDUM
DATED SEPTEMBER 28, 1981 , FROM SUS AN POWERS, DIRECTOR OF COM-
MUNITY DEVELOPM ENT. Council Member Keena seconded the motion.
Upon a call of the roll, he vote resulted as follows :
Ay es :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared he mot ion ca rried.
There were no other comments .
COUNC IL MEMBER EE A MOVED TO CLOSE THE PU BLIC HEARING.
Council Memb er Fitzpatri ck seconded the motion. Up on a call of
the roll, the vote re ul ed as follows:
were :
Ayes :
Nays :
Council M mb r Higday, Neal, Fitzpatrick,
eena, ilo, Bradshaw, Otis.
one.
The jOr d cl re th mo ion c rried .
"Communi ti.on -No Ac ion R com ended" on the genda
(a) 0 Liquor Lie ns Au hor1ty
0 19. 1981.
(b) h Board of Car er S rvic Com-
e ln of Augu t 20, 19 81.
(c) m etlng of
(d) llc Library Bo rd m ting
0 81.
( ) Pl nning nd Zonin Co iaalon
mb r 9, 19 1.
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
Francisco .
Memorandum from the Acting Fire Chief to the
City Manager concerning his attendance at
the International Association of Fire Chiefs'
108th Annual Conferen ce in St. Louis, Missouri,
September 13 -16, 1981.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMM ENDED" AGENDA ITEMS SA -SH. 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.
one.
The Mayor decl~red the mo ion carried.
* * * * * *
Ther were no "Communications -Action Recommended".
* * * * *
City Attorn y D Witt recommended mendments to Council
Bill No. 75 in accordanc o Ms. Po wer ' memorandum to reflect con-
formity to the sessmen formula. On p ge l, last par gr ph, 1 at
"Wh r "ch nge $21 ,55 .5 to $22 , 87.86. nd ch nge $359, 67.77
to $356.0 . 5. On pag 4 , S ction 6., chang $359,8 6 7 .77 to
$356,048. 5. In Rxhihl A, p g 2, Prop rty Id ntification PPI
Numb r 1 71 3 4 00 02 ch n~e S2b, 35.12 to $25,380.29. In Exhibit
A, page , Prop r y 11 n i icati n PPl Numb r 1971 34 3 17 00
ch ng $17,5 6. 4 o $14,721.8 .
OROINANC.
S Rl .S OF
BY AUTHORITY
COU ClL ILL NO. 75
1 TROOUC 0 BY COUNCIL
M MBER lTZPATRlC
AN 0 01 ANCF. APPROVl G 11U: W OLF. CO r OF l'H. l P OV NTS MAO .
IN 0 WNTOW IMP OV f. r DISTRICT 0. 1 0-l, 1 THE CITY OF
•
I • •
•
October 5, 1981
Page 6
•
• •
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTI ONMENT
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 FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 75, SERIES OF 1981, ON FIRST READING, WITH THE AMENDMENTS
AS READ. Council Member Bradshaw 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 declared the motion carried .
* * * * * *
City Attorney D Witt proposed an amendment to Council
Bill o. 69 establishing proc dure s before various hearing bodies
for the City of Englewood. Mr. DeWitt noted the proposed amend-
ment would be on page 3, l-7-CO MME CEMENT OF PROCEEDINGS, chang-
ing "administ:r t i ve" to "HEARl G". Mr. DeWitt recommended this
change so the term could b u d in g neric sense for broader
applicability.
City Attorney D Witt propose d further legislation
dealing with subpoe na power with th Liquor Lie nsing Authority,
th Career S rvice Board nd ther bodie t a later date.
BY AU 'HORI TY
ORDI ANCE 0. 68
SERIES OF 19 1
AN ORDINANCE k~E
CODE '69.
BODIES OF H
COUNCIL Mt-:M .R
SERIES OF 1981, FINAL
th motion.
PAG I
PROCE Dl
COU NCIL BILL NO. 69
I TRODUCED BY COUNCIL
M M E BILO
0 TO PASS COU NCIL BILL NO. 69,
Council H b r K n s cond d
HOTlON 0
"C HH CEMENT 0
Dl G INVOLVI G
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 A9MtMi~~~ 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 c omm o n 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 c a ll o f t he roll , the vote on the original mo-
tion result e d a s follows :
Aye s :
N ys ·
Co un cil Me mbers Higday, Neal, Fitzpatrick,
Ke ena, Bilo, Bradshaw, Otis.
Non •
Th Ma yor decl r d the mo tion c arried.
ORDINAN CE NO. 69
SER I ES OF 1 81
* * * * * *
BY AUTHO RI TY
•
COUNCIL BILL NO. 79
INTRODUCED BY COUN CIL
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 :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bi lo, Bradshaw, Otis.
None.
The Mayor declared th e motion carried.
ORDINAN CE NO. 70
SERIES OF 19 1
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 77
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINAN C AMENDI G 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
ESTABLISHMEN TS ON PUBLIC RIGHT-OF-WAY.
CO UN CIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77,
SERIES OF 1981, 0 FIN L READING. Council Member Fitzpatrick
seconded the mo ion. Upon a call of the roll, the vote resulted
as follows:
Aye Council embers Higday, Neal, Fitzpatrick,
een , Bilo, Bradshaw, Otis.
None.
The ayor d clared t otion c rried.
* * * * * *
COUNCIL ME FR KEENA MOVED TO APPROVE THE PROCLAMATION
DECLARING OCTOBER 11 THROUGH 17, 1981, AS "DOMESTIC VIOLENCE AWARE-
NESS WEEK". Council H mb r Bilo a conded the motion. Upon a
c 11 o th roll, th vot r lted 1 follows:
Ay Co neil M b r1 Higday, Neal, Fitzp trick,
K n , Bilo, Bradah w, Otis •
I •
-
•
October 5, 1981
Page 9
Nays: None.
•
• •
The Mayor declared the motion carried.
* * * * * *
City Attorn ey DeWitt transmitted a copy of a summons and
complaint in a matter concerning sales and use tax ordinance and
Chromatics, Inc. Mr.DeWi tt asked for 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 ClTY
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.
one.
The Mayor declared th motion carried .
* * * * * *
City Attorney DeWitt tran mitted a copy of summons and
complaint in th 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 d nial of a tran fer of liquor license to After The
Fox and the subsequent hearing concerning the transfer to another
party. Mr. DeWitt a ked for p rmission to defend the City and
members of the Liquor Licensin Authority in this matter.
COUNCIL MEMBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY
TO DEFEND THE ClTY AND MEMBERS OF THE LIQUOR LICENSING AUTHORITY
IN THE MATTER OF AFTER THE FO . Council M mber Keena seconded
the motion. Upon a call o h roll, th vot resulted s follows:
Ay Counctl b rs Higday, N al, Fitzpatrick,
na. Bilo, Br dsh w, Oti •
Nays: on .
Th yor d clar d th motion carri d.
Mayor Otis d
conven d at :2 p.m.
call o h roll, h
* * " *
8:15 p.m. Council re-
or roll call. Upon a
pr 1 n :
I • •
•
October 5, 1981
Page 10
•
• •
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Absen t: None.
The Mayor declared a quo rum present.
* * * * * *
City Att orney DeWi t ta ed the matter of City of
Englewood and Park inson and the Judge's desire to dismiss all
resisting arrest cases wi ll b 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 Estates Subdivision and the ordinance concerning
Going-Out-Of-Business will be presented at the Council meeting
on October 19.
* * * * * *
City Attorney DeWi t recommended reconsideration of
Council Bill No. 75, Series of 1981 to reflect the amendment
making the assessmen formul prop r .
COUNCIL MEMBER BRADSHAW MOVED TO RECONSIDER AGENDA ITEM
7A, COUNCIL BILL NO. 75. Council M mber Keena second ed the mo-
tion. Upon a c 11 of the roll, th vote resulted as follows:
Aye :
N ys :
Council Members Higday, Neal, Fitzp trick,
Keena, Bilo, Bradshaw, Otis.
one.
Th yor declar d h mo ion carr1 d.
ORDINANCE 0.
SERIES OF 1 l
BY UT ORITY
COUNCIL BILL NO. 75
INTRODUCED BY COU NCI L
MBER FITZPATRICK
AN ORO! ANC E APPROVl G rH~ WHOL . COT F THE IMPROVEMENTS MADE
IN DOWNTOWN lMPROV ME T DISTRICT 0. l 0-1, IN THE CITY OF
ENGL WOOD , COLO OQ, AP ROVl AND CO NFIRMING TH APPORTION NT
OF SAID COST TO CH LOT OR TRACT 0 0 IN SAID DISTRICT ;
•
I • •
October 5, 1981
Page ll
•
• •
ASSESSING A SHAR E OF SAID COST AGAINST EACH LOT OR TRACT OF LAND
IN THE DISTRIC T; PRES CRIBING THE MANNER FOR THE COLLECTION AN D
PAYMENT OF SAID AS SESSMENTS; AND DECLARING AN EMERGENCY.
COUNCIL MEMBER FITZPAT RICK MOVED TO PASS COUNCIL BILL
NO. 75, SERIES OF 1981, ON FI RST READING. Council Member Bilo
seconded the mo tion.
COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL
NO. 75, ON PAGEl, SUBSTITUTING IN THE FOURTH "WHEREAS",
$223,378.86 FOR THE PRESENT FIGU RE OF $21 9,559.54 ; ALSO, TO
SUBSTITUTE FURTHER ON IN THAT SENTENCE BY INSERTING $356,048.45
FOR $3 59,867.77; ON PAGE 4, SECTION 6, THIRD LINE SUBSTITUTING
$356,048.4 5 FOR $359,867.77; ON PAGE 2 OF EXHIBIT A UNDER PRO-
PERTY 197 1 34 4 00 024 SUBSTITUTING AND INSE RTING $25,380 .29;
AND ON PAGE 4 OF EXHIBIT A UNDER PROPE RTY NUMBER 1971 34 3 17
008 SUBSTITUT ING AND INSERTI G $14,721.85 . Council Member
Keena seconded the motion. Upon a call of the roll, the vote
on the amendmen resul ed as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
K ena, Bi1o, Bradshaw, Oti s.
~one .
The Mayor d cl r d the NOtion c rried.
Upon c 11 o th roll, th vote on the original
motion resulted as follow :
Ayes : Council M mber Hig ay, 1, Fitzpatrick,
eena, Bilo, Br dshaw, Otis.
N ys : Non'.
Th yor dec1 red the mo ion c rried.
ORDI ANCE NO.
S RL OF 19 1-
AN 0 DINANCE fiXING TH
TH AS F.SSED VALUATlO
0 NG L 000, COLO
ILL L VY. FO "H • ••
THO ITY AND 0 CLA 1
*
BY AUTHO ITY
A BILL FOR
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
M MBER BILO
TAX LFVY 1 MILLS UPON EACH DOLLAR OF
OF ALL TAXABL PROPERTY WITHIN THE CITY
FOR 'rH n:AR 1982 A D ESTABLISHI NG A
0 COLORADO DO TOWN 0 VELOPHENT AU-
~.Hf.R ~CY.
I •
•
October 5, 1981
Page 12
•
• •
COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BIL L NO. 81,
SER I ES OF 1981, ON FIRST RE ADING . Council Member Fi tzp a trick
second ed the motion. Upon a call of the roll, the vot e r e sul t e d
as f o l l ows:
Ayes:
Nays :
Council Members Higday, Neal, Fit zp a tri c k,
K enl, Bilo, Bradshaw, Otis.
None.
The Mayor declared the mo tion carded .
* * * * * *
COUNCIL MEMBER ~RA D'H A
FOR MORE CITlZE INPUT I,TO TH
AT 7:30 P.M. Council ~ember Ke
MO VW TO SET A PUBLIC HE ARING
82 BUDG~T FOR NOVE MBER 16, 19 81 ,
na sec o nded the motion. Upon a
call of h roll,
Aye s:
ays :
e
In r
Manager McCown
Citizen.
yor
a f n llows:
C uncil Me h•rs Higday, eal, Fitzpatrick,
Keen . B lo, Brad haw, Otis.
. one.
h ~o i n c rried .
o Coum· M • ~r Br adshaw's qu tion, City
th no i e woJ1d be publi hed in the Englewood
* * lr *
1
t x .
r t on w s
k pi
(A)Utl Ll p op l run busi-
n 8 th lr m in n nc 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 Me mber Fitzpatrick stated if legislation is
put in an ordinance then it should be extended to cover home
signs, e tc.
* * * * * *
Council Member Keena stated during the budget retreat
Municipa l Judge Parkinson requested that a judicial review committee
be created o provide liaison and coordination between the Court
and City Council. Ms. Keena referred to a handout outlining the
resp onsibilities of the committee wh ich she passed out prior to
recess. Ms. Keena st ted the handout provides a statement of pur-
pose for the committee and defines its dutie s.
COUNCIL MEMBER KEENA MOVED TO FORWARD A COPY OF THE
HANDO UT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S
PURPOSE TO fORM SUCH A COMMITTEE AND TO DISCUSS APPOINTMENTS TO
TH COMMITTEE AT THE STUDY SESSION ON WEDNESD AY. Council Member
Fitzpa rick seconded the mo ion . Upon a call of the roll, the
vot r sul d as follows .
Ayes: Council Members Higday, Neal, Fitzpatrick,
Ke n , Bilo, Bradshaw, Otis.
ays : Non .
Th Mayor d c lared th motion carried .
ed Judge
c ssary.
cu sion
to Judge
P rkinson's con-
M . Ke n asked
t the Wednesd y
P rkinson on
* • * •
Ci y Manager cCown
tion for indu rial rev nu bonds.
r v nu bon s for the downtown
on w s or indu trial r venu
5050 South Bro dw y •
ou two indue m nt resolu-
On provid d for industrial
pm nt project nd th oth r
for n of ic compl x at
•
I • •
•
•
• •
October 5, 1981
Page 14
Council discussed recessing to give City Attorney DeWitt
time to review th e two requests .
COUNCIL MEMBER HIGDAY MOVED TO RECESS UNTIL WEDNESDAY,
OCTOBER 7 , 1981, AT 5:00P.M.
Mayo r Otis 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 Ro om . Mayor Otis asked for roll call. Upon
a call of the roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Ab sent: None.
The Mayor declared a quorum pre sent.
* * * * * *
COU CIL M MBER BRADSHAW MOVED TO ALLOW THE CITY AT-
TO RN EY TO PRE E T INFORMATION ON THE INDUST RIAL REVE NUE BOND
MATTERS. Council Member Ke na seconded the motion. Upo n a
call of the roll, the vote r sulted as follows:
tion of
cord the
Ayes:
Nays :
Council Members Higday , Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
one.
Th M.1yor d cl r d the motion carried .
* * * lr * *
D Wi t t ed this section w s continu-
Octob r 5, 1981. H entered into the re-
gov rning thi proc ss.
* It * * * *
d out t wo inducement resolu-
On w s for ind us tri 1 r -
Mr. DeWitt ask d if anyon
Th r wa 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 t ken by the federal government to possibly elimi-
nate this type of unding in the future. Mr. Smukler answered
no, it was not.
City Attorney D Witt sked if the company was aware
the document for consideration was only an inducement resolution
and would require fur her ac ion by Council; and that Council
may not chos to proceed at all. Mr. Smukler stated the company
realized this possibility.
RESOL UTION NO. 42
SERIES OF 1981
A RESOLUTlO OF INOUC~MENT FOR I OUSTRIAL DEVELOPMENT REVENUE
BONDING TO FI~A Ch A PROJECT FOR THE 5050 SOUTH BROADWAY CO MPANY.
COUNCIL MEMBER 'EE A MOVED TO PASS RESOLUTION NO. 42,
SERIES OF 1981. Council M mber Bi1o onded the motion.
Ci y At orn
from H nif n, Imhoff,
wa s in r pon e to th
rrin o h 1
could b provid d
d copi a of a lett r
inanci l dvisor, which
n of the propo 1. R -
if fin nci l in orm tion
•
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 sides. Mr. DeWitt advised proceeding with passage
of the resolution.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Abstain :
Council Members Neal, Fitzpatrick, Keena,
Bilo , Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
Council Member Higday stated he abstained for possible
reasons 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 need and desires of the Council and that Council
may at ny 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 INDUSTRI AL DEVELOPMENT REVENUE
BONDING TO FI ANCE A PROJECT FOR BRADY ENTERPRISES.
COUNCIL MEMBER NEAL OVED TO PASS RESOLUTION NO. 43,
SERIES OF 19 l. Council M mb r Fitzpatrick seconded the motion.
COUNCIL MEMBFR FITZPATRICK MOVED TO AMEND THE RESOLU-
TION BY STATING AFTER THE LAST PARAGRAP H OF THE RESOLUTION ON
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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
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MEMORANDUM
TO: Andy McCown, City Manager
FRC!d: Mel BeVirt, Employee Relations Director
DATE: October 14, 1981
SUBJECT: Request for Expansion of Insurance Coverage for City Employees
Wi th regard to the matter of expanding insurance coverage for employees through
payroll deductions as requested by Mr. Marvin Maus, representative of the
Colonial Life and Accident Insurance Company . Please find attached recommendations
submitted and approved a few years ago by former Assistant City Manager Karl
Nollenberger and Personnel Director Rich Lorig. Upon review, I believe these
recommendations to be valid today as when made in 1974.
Additionally, the issue of insurance benefits including payroll deductions
are subjects included in the negotiation process and as such the City is
prohibited outside normal negotiations from either unilaterally adding to
or subtracting from the negotiated agreements. Therefore, considering
the recommendations made in 1974 and the prohibitions contained in the Labor
Relations section of the City Charter, I strongly recommend that the request
for expansion of insurance coverage, even on a monetary non-participation
basis by the City, should not be endorsed .
/vc
cc: Richard S. Wanush, Assistant City
Gary Higbee, Director of Finane
agr
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Jtme 12, 1974
•.'
,.. • Mlrv1n JC. ft)ua
Oolal1al. Lite an1 Accident Inalrance Ccllpmy
221l5 West Ooll~ Avorue .
~...aad, Oolcrado Bono
-·-t!lllr Sir:-
'lh1a .1a to Wen~ JQ.l that aa or the date or th1a letter, the City
or ~..1~ wUl mt allow addlt1onal enrollment to the Oolon1al.
Lite an1 Aacident rn.a-anoe CJrowp Plan orr...s umer payroll deduction
bua 1n the ctty or ~.
We belleve that the raaona tave been deta1l.ed to you cpite extensively
1n cUacuasiCI'l with you last week. We bell.eve ttat the decision made at
ttat time IILISt stan1 Wlleae you can aapply WI with addit1onal Wonoat1on
aa requested, IIUCh aa clajms flltP8rlence 1n the City or ~. which
1«l.lld awble WI to review th1a deciaiCI'l rcr poeaible altenate r1ra1
dec 1a1CI'l.
rr you have any queat1one ccn:ern~ th1a. pleaee reel free to contact
ua.
Sincerely,
Karl Nollenberger
Director or Finance
Richard~
Director or Peraomel
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City of Englewood -Rev.i.<..!w of Covcr<:~g c::;
1. Colonial Cancer Coveraq~
Individual Policy (Guaranteed Renewable for Life)--
Issued by Colonial Life and Accident Insurance Company
of Columbia, South Carolina.
Provides l imi ted benefits only if insured is hospital
confined as result of cancer diagnosed first time after
effective date of policy, plus limited benefits for
ambulance expense between home and hospital and com-
mercial tran s portation expense.
The Group Medical Care coverage proposed for each em-
ployee of City of Englewood will provide basic Health
Care for a ny illness up to 120 days p r disability with
semi-private room and unlimited extras, plus Supplemen-
tary Major Medical up to $250,000 with a calendar year
deductible of $100 (Family $200) and Coinsurance of
80%/20%.
While this individual Cancer policy pays in addition
to other Health Expense Benefits, it is difficult to
justify the annual cost of $24 (Family $48), when it
is considered that the Proposed Group Plan would pro-
vide benefits in excess of 00% of incurred expen::;es,
and would in many cases pay virtually 100% of expenses.
2. Colonial Comprehensive Dual Guardian Accident Plan
Again, this is an individual Accident Policy, issued
through an Employer which maintains a Payroll Deduc-
tion program for monthly premiums of $6.00 payable per
each employee insured.
For the monthly premium, it provides limited benefit
only s the result of accident on or off-the-job, but
with b nef~Ls substant~ally reduc d if the accident
occurs on-the-JOb.
'l'lw l 'IOJJ "'•<'d <.:tu\JlJ p1,,,, wtll provid~· /\t' 'Hl<·nL.ll Oc.tLh
and D~ memb rmcnt b ncfits, gr ded according to monthly
salary, from $5,000 for an employee earning less than
$400 to $11,000 for un employe earning $900 or more •
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Page TWO
It does not provide any monthly indemnity benefits for
total disability of less than 6 months duration du e to
accident. To that extent, the Colonial Plan does not
overlap the Proposed Group Plan, particularly for disa-
bilities lasting less than 6 months, the waiting or
elimination period of the Long Term Disability Program
in the Proposed Group Plan.
With the Accidental Death and Dismemberment benefits
in the Proposed Group Plan, it is probable that the
average employee would find it difficult to justify
the annual cost of $72.00 for the Colonial Individual
Policy Plan which would benefit him greatest in the
monthly disability benefit area for a disability last-
ing less than 6 months.
3. Continental Assurance Dependent Life Insurance
This is an individual policy issued by Continental
Assurance company of Chicago and providing Convertible
Decreasing Term Life Insurance on Owner's wife to age
68 and on each covered child to age 22.
Since the Proposed Group Plan will not provide any
Dependent Life Insurance, there is no overlap of this
Continental Individual Policy Plan with the Proposed
Group Plan.
Participation in this Plan has been very limited and
some consideration should be given to eliminating this
Plan because the limited interest in the Program does
not justify the cost of administration.
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, .~m11!Jiti H!tll :J(Cj: I! truliJI v~h/7~
'Dread Disease' Policy Banned
. '
The New York Slate Insur-'
ance Department has decided
to outlaw the "dread disease'•
health insurance policy on the
ground that it doesn't provide ·
broad enough coverage.
The dread disease policy
focuses on cancer, hrart trouble
or sumc other l•ich-morlality .
disorder, and, according to ·
state o[ficials, Its vendors use
emotional promotion techniques •
that overlook the fine -print
exclus ion of virtually every
other kind of health care need .
The prohibition, effective May
1, was announced as part of
new <·onsumcr-orienled regula-
tions which provide Uta! l'UI'llpa -1
nies may not exclude coverage
according to types ol iUness .
'ntere are a number of exceJ>-•
lions under this provision , ·
including pregnancy and mental ,
illness which, slate officials as-•
serted, would raise the cost of
premiums substantially if they
wercn 'I excluded from compre-
hensive health care policies.
• The nl'W re~ulations aren't
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e.xpeclt.'<l to :tiled most of th e
health insurance polirtes he ld
by New York rcstdents . mcl ud -
ing Blue Cross.
Deputy Ins ura nce Su pcnn·
tendcnl M2lcolm Ma c Kay said
dread disease poli cie s eeneraUy
return a small perc entage of
premium dollars to customers
while mas inc high proftts for
the companies . Smc:e the poli -
cies started selling well in New
York , the sta te Insurance de-
p;trltrlt'nt has n•retvl'fl cnm
pl amt~ from j>e~~plo · who fed
they have Ul'Cn dur11:d 11 lo buy-
Ing ~hoddy cov ra~e because of)
thet r lear of a parltcular
d 1sease. 4
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CITY OF ENGLEWOOD PLANN ING AND ZONING COMMISSION
SEPTEMBER 15, 1981
I. CALL TO ORDER .
A
The special meeting of the City Planning and Zoning Commiss ion
was called to order at 7:00 P. M. by Chairman Judith B . Pierson.
Members present : Draper, McBrayer, Pierson, Senti, Barbre,
Becker, Carson
Powers, Ex-officio
Members absent: Tanguma, Allen
Also present : Assistant Di rector D. A. Romans
Planner I Larry Yenglin
Planning Intern Jeri Linder
Councilman John Neal
Ms . Barbara Holthaus, Chairman , EDDA
Mr. Mike Haviland, Executive Director , EDDA
Ms. Powers introduced Ms. Jeri Linder and Mr. Larry Yenglin
to the Planning Commission . Ms. Linder is a Planning Intern
and a student at Metro College. Mr. Yenglin was recently em-
ployed as a Planner I in the Community Development Department
in the Planning Division .
Ms . Powers also introduced Mrs. Barbara Holthaus, Chairman of
the Englewood Downtown Development Authority; Mr. John Neal,
City Councilman and member of the EDDA, and Mr . Mike Haviland,
Executive Director of the EDDA.
Mr. Tanguma entered and took his place with the Commission .
II . DOWNTOWN PLAN PRESENTATION CASE /113-81
Ms . Powers not d that m mbers of the Commission were given
copies of the Down own Pl n at the last meeting, which Plan
will b th subj ct of the revi w and presentation at this
m ting. Ms. Pow rs sta d th t th Downtown Dev lopment
Authority has chedul d m ting for presentation of the Plan
t 12:30 P.M. S ptemb r 16th; 7:30A.M. September 17th; and
7:00 P .M. September 17 h, 11 of the meetings to be held at
th Police /Fire Center t 3615 South Elati Street . These
m etings ar informational m tings, and are open to the
g neral public.
con id r th
th ndor
Pl nning Commi
Downtown Plan
th Compr h nsiv
for the downtown
by th EDDA . Th
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a refinement o f the s e policies contai ned within the Compr e h e n-
sive Plan Do wntown section. Th e Communi t y Development staff
and a me mber of the consulting staff a re still working on a
set of po licies which would apply to the downtown study area,
and are attempting to write these poli cies in the s ame format
as the Comprehensive Plan is written. Ms. Powers s tated that
she felt the Commission is aware of the Downtown Plan , and
that this pre s e ntation will be an up-da te .
Mr. Haviland stated that he hoped this meeting would be a
"workshop" ses sion, and wanted the Comm i ssion to feel f ree
to offer suggest ions and critique the p r esentation . Mr. Haviland
stated that he has at empted to put toget her a sli de show of
the proposed Plan . r. Haviland stated tha t the EDDA wants
to get input f rom the meetings that are schedu l e d on September
16th and September 17th, and bring the issue s back t o the
Plannin g Comm i s sion for consideration a t the Pub lic He aring .
Ms. Powers p ointed out that there will be additional informa-
tion coming to the Commission. Th e r e a re revi s ion s b e ing made
to the Comprehensive Zoning Ordinance, a nd one o f these pro-
posed revis ion s is a downtown busine ss z one th at will be dif-
ferent from ei ther the B-1 or B-2 Business Zo ne s as they exist
today . Ms. Powers also pointed out that t he financing plan
for implementation of the propos e d p lan is no t available at
the present t i me . Mr. Haviland asked if t h e Tax Increment
financing concept had been discussed with the Planning Com-
mission ? He n oted that this concept is b e i n g considered as
the finan c ing vehicle for implementation of the Plan . Mr .
Haviland stated that a base line on tax revenues is es ablished;
upon Ci t y Cou n cil action, bonds for improvements may be sold,
and in c r eas e s in tax revenues from existing and new develop-
ment s wou ld be used to retire those bonds. This would result
in no i n c r ease in the tax burden to those individuals within
the i n crement district and no increase in tax burden to the
general citizenry .
Mr. Tanguma ask d that Mr. Haviland explain his definition
of "new developm nt"; is this the demolition of existing
businesses and redev lopment? Mr. T nguma noted that there
is not much vacant land where n w development could tak place.
Mr. Haviland stated th t th ntir project ar ncompasses
72 acres ; this would include reas for both public nd private
developm nt, and tha her is quit bit of vacant and und r-
developed land that could be developed or put to better use.
Mr. Haviland pr s nt d he slid show. Mr . Haviland tat d th
project goals h EDDA, h City, and th priv te d v loper
are working toward ar th following:
1. Strengthen th
2. Expand th r rea .
3. Encourag priva coordina ed public
investm nt
4. Expand the middl -incom prof a ion 1 popul ion, conai t n
with th xi ting communi y.
5. tr ctiv downtown a a focus for communi Y
nd priu .
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Mr. Haviland discussed the Management Team planning pro c es s
which has been s har e d b y represent atives of the Ci t y of En gle -
wood, the EDDA , and Brady Enterpri ses, the private developer .
The project boundary wa s defi ned as Cinderella City on the we st,
Floyd/Eastman Avenues on the north ; the Broadway/Lincoln a l l e y
on the east, and U.S . 285 on the south.
Slides were presented showing the ownership of large parcels
of land within t he Plan area ; among these larger ownerships
are sites owned by the First National Bank, First Interstate
Bank, the City-owned property leased by Mr . Herzog , and a larg e
parcel of land owned by Mrs . Holthaus .
A slide i ndic a ting the 100 -ye a r fl ood p lain through the develop-
ment area was shown, and Ms . Powe rs di scus s ed t h e problems that
the 100-year flood p l a i n p r e s ent s. Ms . Power s state d that the
design criteria of t he propos e d f lood con t r o l p r ogram is under
considerat ion, and may be c hanged f r om that prev i ously recomme nded .
Also , t h e cri te ria us e d in the determi n ation of rainfall amounts
is un d e r reconsideration. The result of this study is at least
three or four weeks away . One of the possibilities that has
been c on sidere d in the flood control program is de veloping a
detent ion pond on the High School grounds as part of the improve-
ments t o Little Dry Creek. Ms. Powe rs point ed out that the
proposed improvements to Little Dry Creek an d the detention pond
could co st up to $7 ,000,000.
Ms . Becker n ote d that work is being done on Little Dry Creek
acros s Santa Fe; she asked if this section of the Creek would
be left o p en, or if it would be covered? Ms . Powers stated
that t his is "reach one" of the improvements on Little Dry
Creek , a n d is proposed to be left an op en channel. Mr. Haviland
stated that it is imperative that the flood plain issue be re-
solved b e fore any hin substantive can be done to improve the
downtown area .
The matter of utilities w s consider d; Mrs. Becker asked if
all information on the u ilities locations is being tracked?
Mr. Haviland stated ha they do hav the engineering stu dies
on the utility syst ms : he noted that th re might b some problem
with the location of old r pipe . Ms . Powers stated that the
utility lines will have to co out on the Girard Avenue Mall;
they do not want to g t the mall completed, and have to tear
it up shortly after completion b cause of some problem with a
utility line.
Mr. Haviland di played slides depictin th major tr nsportation
corridors, these major corridors being Santa Fe Drive, U.S. 285,
and South Broadway. Major access points to the downtown area
are indicated at U.S. 285/Hampd n/Elati; Hampden Avenue and
South Broadw y, nd t Floyd Avenue and South Broadway . Ms.
Becker noted that ~here is gr at problem getting in and out
of th downtown re ; she sk d wh t im provements to the access
pattern ar b ing proposed in th Plan. Ms . Powers point d
out that Hampd n Pl c would be continued to the east which
would improv circula ion in th r a .
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Mr. Haviland and Ms. Powers indicated on the slides the pro-
posed locations of a possible RTD Transit Center and the loca-
tion of the light rail line .
Mr. Haviland stated that the thrust of the Plan is to provide
additional retail , office space, a hotel, and residential
quarters in the downtown area. There also need to be improve-
ments along South Broadway, and improvement of access into the
downtown area itself, and the flood plain issue does need to
be resolved .
Mr. Haviland noted that it is difficult for someone unfamiliar
with the area to realize what is "downtown Englewood". He
stated that the first major entrance is at Floyd Avenue and
Broadway ; the second at Santa Fe Drive and U. S. 285; the
third at South Broadway and U.S. 285 . Mr . Haviland indicated
that the proposed Plan suggests overhead pedestrian walkways
at U.S. 285 and South Elati Street and at U.S. 285/South
Bannock Street . Mr . Haviland stated that efforts are being
made in the proposed Plan to retain the "small-town" atmosphere
which is characteristic of Englewood, and which the community
has expressed a desire to retain. Mr. Haviland stated that
major public improvements would be those on the Girard Avenue
Mall, to Little Dry Creek, and improvements along South Broadway .
Actual new development would be a coordinated effort by the
public and private sectors.
Mr. Haviland then presented slides of development concepts,
such as a plaza in th downtown area . Mr . Haviland noted that
the Farmer's Market sponsored by DBA is a great success, and
he would envision that this wo u ld work in very well to the
plaza/mall concept . He fel t similar projects should be en-
couraged to a tract the p destrian shopper. Mr . Haviland
stated that Little Dry Creek has great potential, and by im-
proving the stream bed, this cou l d turn into an asset for the
downtown area .
Mr. Haviland stated that he felt Eng lewood has a great opportunity
to capture part of th hotel market. While Englewood cannot
compete with down town Denver, the I-25 corridor is developing
very rapidly, and he f lt that th City could attract some of
the smaller conf renee busin s if hotel was developed. Mr.
Haviland pointed out that th hotel must be develop d in con-
junction with th dditional re ail and office uses proposed;
it would not b fea ible to dev lop the hotel alone. Mr.
Haviland stat d tha h propos d hotel/office space n d re-
tail spac d velop n n int r-dep ndent . Mr . H viland
stat d that th City n ds to cr ate design guidelin s that
will attract th privat inv stm nt w want to encourag .
Mr . Haviland t d that th public i nv stment in the mal l
developm nt Lit 1 Dry Cr k is tim ted to b betw n
$15,000,000 nd $20,000,000, i i hop d that th priv t in-
vestm nt in n w dev lopm nt would b in h neighborhood of
$200,000,000 .
Mr . H viland st ed th t th w lk-throu h from th p rk i n
lot in th 3400 blo k of South Lincoln to South Bro dw y
should b compl t d ty Chri tm 1 •
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Councilman Bilo entered the meeting.
Mrs. Becker asked where the pedestrians would come from that
this Plan anticipates? Mr. Haviland pointed out the peripheral
parking areas and proposed parking structures. Mrs. Becker
stated that there is a maximum distance that people will walk,
and questioned that there would be any great volume of people
that will walk from Cinderella City to Broadway, for instance.
Mr. Haviland stated that the distance from Cinderella City
to Broadway would be the farthest that a pedestrian would walk,
but under the proposed Plan, it would not be necessary for a
pedestrian to walk that far . Mr. Haviland stated that he
would hope the mall could be developed into an "attractive
adventure" which would encourage pedestrian traffic.
Ms. Becker commented that she felt Marina Square is one of
the most attractive shopping areas in this vicinity. She
stated that she would hope to see some similar development in
the proposed plan area.
Mr. Tanguma stated that he felt the basic concept of this pro-
posed Plan is very similar to the concept of previous studies
that have been done in Englewood . He stated that he felt one
of the primary questions that will be asked by the citizenry
is how this Plan is to be implemented ?
Mr . Haviland stated that he felt there are new opportunities
that may not have been avai lable at the time previous studies
were made. He again poin ted out the tremendous growth that is
taking place along the I -2 5 c orridor which he feel s provide s
great potential for redevelopment in areas such as downtown
Englewood . Mr . Tanguma s tated that he felt the growth p otential
has always been here ; the City needs to "go out and f i n d
someone like Hilton to come up here a nd get it done ."
Discussion ens ued. It was pointed ou t that there is a p r ivate
developer wo r king with the City a n d the Downtown De velopme nt
Authority at the present time. Ms. Power s s tate d t h at the
Developmen t Authority can solicit d e v leper s , bu it is dif-
ficult to do so unless ther is a firm Plan a n d w know it is
what the comm unity w nt .
Mr . Dr p r ask d the re ction of the develope r to th proposed
Plan ? Ms. Pow rs st t d that the d veloper is in favor of the
Plan .
Di s cu ssion ensued. Ms . Pow rs ta t d
would no t b m de in r d v lopmen t un
mitm nt t o sp cific pl n and o the
Mr . Dr a p e r at ed tha h felt the Ci
and tha t it is tim get commitm n t
Mr . H v il n d a
thu s far t h os
Team, c omp o ed
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feel further progress could be made until an educational pro-
gram for the general public has been undertaken.
Discussion ensued. Ms . Powers pointed out that the possibility
of using tax increment financing for implementation of the Plan
is now available, since it has been successfully tested in
Court. Also, the Downtown Development Authority, which is
comprised of downtown businessmen and property owners, has
been formed and they have had an active part in the chosing of
the consultant and the preparation of the Plan to improve the
downtown area. Mr. Tanguma pointed out that tax increment
financing was discussed as a means of implentation in a plan
that was considered several years ago. Mr . Haviland pointea
out that the Downtown Development Authority does not have the
right of eminent domain, and that urban renewal was a prominent
feature in the previous plan to which Mr . Tanguma referred;
also, that plan encompassed a much larger area and took in a
considerable portion of the resident i al area . The Plan that
has been developed by Design Workshop, Inc., is on a much
smaller scale, and encompasses only a portion of the business
district .
Ms. Becker agreed that thi s Pl a n i s s caled down in size con-
siderably from the previou s l y considered plan . Sh e stated
that she is greatly interes ted in t he use of sola r e n ergy , and
asked if the private developer work i ng on thi s Plan is con-
sidering the use of s o l ar i n a n y of his proposals? Ms . Powers
stated that u s e of so l ar de sign wou l d be i n cluded in t he p o licy
statements that have yet t o b e con fi rmed fo r t h is s tudy area.
Ms. Becker stated t hat s he felt it was time fo r the City t o
consider addin g solar access guideline to th codes and
ordinances .
Ms . Powers a s ke d memb r s of the Commission if th e y f e l t t he
general popul a c e of Engl ewood realized that th re is a prob l e m
in the downtown En g lewood area, and that something must b e
done? Mr . Draper stated that he felt that we must show what
will happen if some thing is not done. It should be emphasized
that the de cay will increase; that this is happening right now.
Ms . Be cker stated that she personally found South Bro dway o
be an un attractive street. She stated sh felt the pres ntation
should show what needs to be don to improve the downtown shopping
area.
Mr . Dr a p er stated h wanted to see som tangible commitm nt
f rom the private sector --d v lopers --befor the City and
EDDA con tinue to put money into th Plan .
Mr . Tan guma stat d h would lik to see further cont cts with
larg dev e lop rs, such as working on th improv m nts in
downtown D nv r. H st t d h w nt d to know how much 1 nd
had t o b in "p ck ge" to t r ct th lar g deve lopers . Mr.
Havil n d not d th t Br dy Enterpris 8 h a wo r k d with th ED DA
for quit im , nd h 8 inv st d in t h dev lopm n of th
Pl n ; this mak s it rath r awkw rd for th EDD A to solicit
other d v lop r . noted that hot 1 d v lopers
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had expressed interest in areas of the City in the past, but
when it was determined that the City could not accommodate
such a development, they chose other locations.
Ms. Powers pointed out that the flood plain is still a problem
and inhibits new development in the downtown area. She sug-
gested that an addition be made to the presentation indicat i ng
the development process from now on; showing what would have to
happen to reach a development agreement, and what would be re-
quired in such a development agreement.
Mr. Tanguma asked if there had been any contacts from developers
other than Brady? Ms . Powers stated that the staff and EDDA
have been approached by other developers, and the process has
been explained to them .
Mr. Haviland stated he felt the City/EDDA is in a good position
to address the needs of the downtown area and to decide how to
get what is wanted.
Ms. Powers stated that the Bu s ines s Dis trict zoning standards
and design guidelines are too l s t h at are needed before a de -
veloper can be i nvi ted to s u bmi t a proposal, so that t h e p ro-
posal can be c ompared t o a de fined stand a rd .
Mrs. Becker asked if the Plan is approved and the City c omm its
to it, do the c itizens have t o vote to approve the bonds ? Ms .
Powers stated that i f the f i nanc ing vehicle chosen is t hat of
tax increment fin ancin g, an ele c t i on would have to b e h e ld if
this were handled through EDDA. Thi s election cou ld not be
held b e for e late D cember . Sh e s t at ed that we wo uld have o
have a "P l an", a n d have det e rmined what public improv e me nts
are req ui re d ; the r e would have t o be an agreement with a d -
veloper that he would begin cons truction on the p rivate develop-
men t at the tim public improve ment s began. She estimated
tha t certain improvemen could be st arted in e arly Spring .
Mr. McBrayer stated he wanted to review re ason s it is felt this
Plan might work now, when previous studies and plans have fail d.
He noted that h has heard a lot of comm ents from people re-
garding th number of vac nt buildings in the 3400 block of
South Broadway. Th v c nt 1 nd that was in "transition" 10
years ago i till v cant, nd it is evident that it is not
going to dev lop under the pres nt conditions. He stated that
h e thinks p opl r aw r there is a problem, and that som -
thing must b done. Mr. McBrayer stated he felt the "composition"
of th City wa s changing, nd that there is a younger age roup
predomina in in th City now than a few years ago.
Mr . Dr p r a k d if the incr sed residential are would at-
tract f mili s with childr n, ther by increasing th school
p,opulation? Mr. Haviland st t d th t th Pl n do a no ddr ss
'family" in th nse of childr n movin g in; he f lt the r -
d velopm nt of th ar could 1 d to n influx of famili s
with childr n in o th school district in th future.
Mr. McBr y r aug at d tha
d ined by atr et nam ; h
depict
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dicated on the maps t he slides were made f rom . Mr. Haviland
stated that the new slide s will show street name s.
Mr . McBrayer suggested that i n presenting the Plan to t he
g eneral public, the po i nt be made that when previous s tudi e s
were done, the majo ri t y o f citizens were not aware of the
extent of the problem , and that the City has a more aggress ive
citizenry now, and interest has been expressed in reaching a
solution to the downtown business area deterioration . He s ug-
g e sted that reasons the Plan should be accepted now should be
stressed in the presentation.
Mr . Draper stated that he f elt some of the public land propose d
for use could be of f e r ed as an enticement, a nd long -term le as e
options could also be offered.
Ms. Powers stated she felt the i ssue o f "high-ris e s" should b e
addressed . She noted that the s quare f o otage d iscussed in the
proposed Plan will mean "height". Sh e p ointed o u t that this
could mean 10 -15 story bui ldi n gs --n ot 60 story skyscrapers
--but certainly peop l e have to realize it is going to mean
structures above two s tories .
Ms . Be cker s tated that like it or not, we are looking to a
time when l and wi ll n o t b e available for everyone to own a
"sing le-f amily home ". She emphasized the need to build for
fam i l i e s with childre n in the multi-use buildings ; there needs
to be acces s for t he kids to get out doors ; the space inside
the living quart e rs needs to be appropriately designed for
c h i ldr e n, and inclusion of day-care centers should b encoura ed.
Mr .Mc Bra yer suggested that records of meetings on consid ration
of the most recent previous plan be reviewed .
Mr . Drap er asked if the Flood Plain improvements would h v to
be done if the Plan itself were to be disapproved . M . Pow r
stated that the Little Dry Creek Flood Plain is a problem, and
has to be solved.
Mr. Haviland stated he felt the development of the downtown
area is a very significant planning issue that must be con-
fronted, and should rank in importance with the City's decision
to own their own water . It will have n impact on wh t h ppens
to the City of Englewood, and our continuance as a full-service
city. There is a need for greater economic diversific tion to
broaden the tax base beyond what Cinderella City can provide .
Mr. Draper suggested it might be point d out wh t would hav
happened to the City if the decision to own our own wat r had
not been made.
Mr. Haviland emphasiz d the gr at developm nt pot nti 1 that
xists in the south metro area and stated it is critical that
the City captur n h r of i now.
Mrs. B cker stat d that he hop d th City could realiz at
1 at on nic , comfortabl , el g nt r at ur nt in his re-
dev lopm nt.
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Mr. Haviland thanked the Planning Commission members for their
time and comments.
III. MISCELLANEOUS.
Ms. Powers stated that a presentation on the Cherry Hills
Village Hotel to the Planning Commission has been scheduled
for November 17th.
The first public meeting on the Sign Code will be on September
22nd in the Library Conference Room. Ms. Powers reported that
she had met with Assistant City Attorney Tom Holland regarding
some of the questions raised at the meeting of September 9th .
Mr. Holland has indicated that a revision to the Code can state
that vehicles in a car dealership with prices indicated on
them will not be considered as a sign or advertising device .
Ms. Becker asked about the sign atop the First National Bank;
it is a roof sign and will become non-conforming if the pro-
posed Sign Code is approved as presently written . Discussion
ensued. Mrs. Romans stated that concern regarding roof signs
was expressed previously by the Fire Department ; the weight
of the sign can lead to a quicker collapse of the roof in the
event of a fire, or a roof sign can hinder access if the firemen
must maneuver over and/or around it. Brief discussion followed .
The meeting adjourned at 9:00 P .M.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION ~
SEPTEMBER 22, 1981
I. CALL TO ORDER .
The Regular Meeting of the City Planning and Zoning Commission
was called to order at 7 :00 P .M. by Chairman Judith B. Pierson .
Members present: McBrayer, Pierson, Tanguma, Allen, Barbre,
Carson, Draper
Powers, Ex-officio
Members absent: Senti, Becker
Also present : Susan T . King, Senior Planner
Harold Stitt, Planner I
Larry Yenglin, Planner I
Jeri Linder, Planning Intern
ThomJs V. Holland, Assistant City Attorney
II. APPROVAL OF MINUTES.
Chairman Pierson stated that the Minutes of the meeting of
September 9, 1981, were to be considered for approval .
Carson moved :
Tanguma seconded: The Minutes of the meeting of September 9 ,
1981, be approved as written .
AYES: Pierson, Tanguma, Allen, Barbre, Carson, Draper , McBrayer
NAYS: None
ABSENT: Senti, Becker
The motion carried.
III . SIGN CODE REVISION CASE U9-81
Mrs . Pierson stated that this is a Public Meeting to discuss
proposed revisions to the Sign Code . Sh stated that the pro-
pos d r visions to the Sign Code are th result of several
things, among them being the spirit and intent of th Compre-
hensive Plan which was adopted in 1979 . The Comprehensive Plan
urged beautification and pride in the community. Th staff
has also been reviewing sign codes from other communities , as
well a reviewing the existing Englewood Sign Code which was
adopted by Ordinance No . 18, S ries of 1974, in an ffort to
com up with an quitabl , work ble Sign Code. Mrs. Pierson
stat d that the Commission invit d m mb rs of the Board of
Adju tm nt, th Engl wood Downtown Development Authority, the
Downtown Busin ss Association, the Chamb r of Comm rc , m mb rs
of th 1973 Sign Cod Committ , nd m mb rs of th Engl wood
City Council to attend this m ting to discuss th proposed
Sign Code, and to invit their comm nt and ugg sting r gardin
th propo d chang s.
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restrictions in the residential areas remain the same, except
that in determining the maximum sign area, the proposed Code
would require that all sign faces are to be used in calculating
sign area; the existing Code requires that only one sign face
is used to calculate the sign area. This would result in a
reduction of the total sign area allowed in the residential
classifications. The height of wall and window signs in low
density districts remains the same; ground signs in low densi t y
districts are not permitted. Wall and window signs in the hi gh
density districts would be reduced from the permitted height of
25 feet to 20 feet in the Proposed Sign Code, and ground signs
in high density districts would remain at a permitted 15 feet
in height.
Ms. Powers then discussed the proposed restrictions for s i gnage
in the commercial and industrial zone districts. The existing
Sign Code allows a commercial or industrial establishment to
have a maximum number of five signs regardless of the size of
the ownership, or a maximum of three signs per front line ; if
a business was situated on a corner lot, they could have three
signs per each street frontage, or a total of six (6) s ign s.
The proposed Sign Code would relate the maximum number o f signs
to the size of the street frontage, but allow no more than
five signs . The proposed Si gn Code will allow the same t ype
of signs as the existing Sign Code , and in addition, wi l l a llow
Suspended Signs , which are not presently mentioned i n t h e Sign
Code.
The maximum Sign Area i s pro posed to change ; i n the existin g
Sign Code, a use is guaranteed 8 0 sq . ft . o f sign are a, OR
1-1 /2 sq . ft . o f sign a re a for each linear foot of l ot f r ontage
up to 100 feet , p lus one square foot for ea ch l i near foot of
frontage therea f ter . Th e p ropos ed Si gn Code woul d d e lete the
80 s q . ft. guaran t ee , but would adhere t o the 1-1/2 sq. ft. of
s ign area f or e ach line ar foot of l ot front age up to 100, plus
one s q . ft. for each linear foot thereaft er . Wall signs are
limi te d to a maximum of 40'7. coverage of the "signable area",
an d window signs are limited to a maximum 251. coverage of the
window in which they are displayed. The maximum area per sign
is decreased from the presently permitted 200 sq. ft. to the
proposed 100 sq. ft., and the maximum total sign r a is de-
creased from the pres ntly p rmitted 600 sq. ft. to th proposed
300 sq. ft.
The height of signs permitted in the comm rcial and industri 1
districts was then discussed by Ms. Powers. The h ight of w 11
signs would rem in th sam , b ing allowed th height of th
building, but not bove th roof line. Height of window igns
would b limit d to igns on th first floor; window signs are
pr sently permitt d to th height of th building, but not
abov th roof lin . Ground signs hav pres ntly permitt d
h ight of 32 f e ; this is proposed to d cr as to a maximum
of 20 f t. Proj cting i na h ve a pr s ntly p rmit ed h i
of 26 f t; this is propos d to b r due d to 20 fe maxim
h ight.
Ms. Pow ra discuss d the propos d
signa which do no conform, such
thod of d alin with exia in
h zardoua, ab ndon d, and
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Mrs. Pierson stated that at the time the Commis sion was working
on the revision of the Compr ehensive Plan, they had several ad
hoc committees , with a member of the Planning Commission serving
on each committee. This same procedure was fo llowed at the time
the bicycle trails syst em was considered, and Mr . McBrayer
volunteered his e ffo r ts to head that committee . Mr. McBrayer
has again volunteered his efforts to spearhead the discussion
on the proposed Sign Code . Mrs. Piers on turned the meeting
over to Commissioner Ed McBrayer.
Mr. McBrayer stated that he was not engaged in the manufacture
or sale of signs, and has nothing to do with the sign business .
He stated that he volunteered his efforts in an attempt to be
of assistance to the staff and the Commission in their deliber-
ation s on the proposed changes to the Sign Code.
Mr. McBrayer discussed the general direction of the proposed
Sign Code, stating that it is the intent of the Commission and
staff to solicit input from the business and residential com-
muniti e s of the City, and to incorporate this input into the
Sign Code which will ultimately be submitted to the Planning
Commi ssion and City Council for Public Hearing . Mr. McBrayer
stated that while the proposed Sign Code, as it is written,
may seem very restrictive to some, it is a place to start. He
pointed out that the membe rs of the Commission are here to listen
to the comments and suggestions of those who have been invited
to this meeting, and that a second public meeting has also been
planned and scheduled for October 6th.
Mr. McBrayer stated that this is the first major revision to
the 1974 Sign Code that has been considered. The reasons be-
h ind consideration of the proposed Sign Code are to:
1 . M et the goals of the 1979 Comprehensive Plan .
2 . Reach a resolution of the ambiguities in the existing
Sign Code.
3. Establish guideline s for rehabilitation of the downtown
area and South Broadway .
4. Insure an equal opportunity to advertise.
5 . To allow for removal of hazardous or abandoned signs.
6. Encourage aesthetics when erecting signage .
Mr . McBrayer r viewed several definitions that are used in
the proposed Sign Code, he terms of which may not be familiar
to most people . Mr . McBrayer also reviewed types of signs
which do not require a permit, and then the types of signs
which are prohibit d in all zone districts.
Mr. McBrayer stated tha Ms. Pow rs would review the technical
spects of the proposed Sign Code, following which presentation
would be a showing of slides of the various types of signs, with
good nd bad example s cited .
M . Pow rs st t d th t the propos d Sign Code includ s standards
for signs p rmi ted in two categori a --thos permitt d in
"r sidential" and thos permitted in comm rcial/industri 1 dis-
tricts. Ms. Powers stated that mos of th sign at ndarda and
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restrictions in the residential areas remain the same, except
that in determining the maximum sign area, the proposed Code
would require that all sign faces are to be used in calculating
sign area; the existing Code requires that only one sign face
is used to calculate the sign area. This would result in a
reduction of the total sign area allowed in the resident ial
classifications. The height of wall and window signs in low
density districts remains the same; ground signs in low density
districts are not permitted. Wall and window signs in the high
density districts would be reduced from the permitted height of
25 feet to 20 feet in the Proposed Sign Code, and ground signs
in high density districts would remain at a permitted 15 feet
in height.
Ms. Powers then discussed the proposed restrictions for signage
in the commercial and industrial zone districts. The existing
Sign Code allows a commercial or industrial establishment to
have a maximum number of five signs regardless of the size of
the ownership, or a maximum of three signs per front line; if
a business was situated on a corner lot, they could have three
signs per each street frontage, or a total of six (6) signs.
The proposed Sign Code would relate the maximum number of signs
to the size of the street frontage, but allow no more than
five signs. The proposed Sign Code will allow the same type
of signs as the existing Sign Code, and in addition, will allow
Suspended Signs, which are not presently mentioned in the Sign
Code .
The maximum Sign Area is proposed to change; in the existing
Sign Code, a use is guaranteed 80 sq. ft. of sign area, OR
1-1/2 sq. ft. of sign area for each linear foot of lot frontage
up to 100 feet, p lus one square foot for each linear foot of
frontage thereafter. The proposed Sign Code would delete the
80 sq. ft. guarantee, but would adhere to the 1-1/2 sq. ft. of
sign area for each linear foot of lot frontage up to 100, plus
one sq. ft. for each linear foot thereafter. Wall signs are
limited to a maximum of 40% coverage of the "signable area",
and window signs are limited to a maximum 25% coverage of the
window in which they are displayed. The maximum area per sign
is decreased from the presently permitted 200 sq. ft. to the
proposed 100 sq . ft., and the maximum total sign ar~a is de-
creased from the presently permitted 600 sq. ft. to the proposed
300 sq. ft.
The height of signs permitted in the commercial and industrial
districts was then discussed by Ms. Powers. The height of wall
signs would remain the sam , being allowed the height of the
building, but not above the roof line. Height of window signs
would be limited to signs on the first floor; window signs are
presently permitted to the height of the building, but not
abov the roof line. Ground signs have a presently permitted
h ight of 32 feet; this is proposed to decrease to a maximum
of 20 f et. Proj cting signs have a presently permitted height
of 26 feet; this is propos d to be reduced to 20 feet maximum
height.
Me. Powers discuss d th propos d method of dealing with existing
1ign which do not conform, uch ash zardous, abandon d, and
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illegal/prohibit ed signs. Owners of signs which are deter-
mined to be hazardous or abandoned by the staff will be so
notified within 48 hours of such determination , and will have
30 days to remove such sign. If the owner of the sign or
property fail to have the sign removed within the specified
30 day period, the Department of Community Development will do
so, and a penalty fee would be assessed in addition to the cost
of the removal of the offending sign.
Ms. Powers stated that on abandoned signs, the existing Code
re uires that the sign be "abandoned" for 90 days; the proposed
code would shorten that time span to 3 0 days.
All illegal and/or prohibited signs would be required to be
removed within 60 days from the effective date of the proposed
Sign Code.
Other non-conforming signs would have to be brought into compliance
with the proposed Sign Code within three years, or whenever one
of the following conditions occur, whichever is earliest :
1. Whenever the sign is damaged more than 50% of its total
value, or destroyed, from any cause whatsoever, or becomes
obsolete or substandard under any applicable ordinance of
the municipality , to the e xtent that the sign becomes a
hazard or a danger.
2. Whenever the ownership of the property changes on which
the Non-conforming Sign is located.
3. Whenever 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 pointed out that a stay on the termination of non-
conforming signs may be granted by the Director for six months
if substantial attempt at compliance is proven.
Mr. McBrayer then presented a slid show, which d pict d various
types of signs, a contrast of signage that exists in Englewood
and other parts of the metro rea, and examples of good signag
and signage that is und sirable.
Mr. Senti entered the meeting a 7:45P.M. during th abov
slid presentation.
A refreshm nt bre k was called t 8 :05 P.M ., ting
r conven d at 8:15 P.M.
Mr . McBray r stated th t th floor waa now op n for qu etiona
that had previously ben writt nand aubmitted to th It ff,
nd for qu stion nd comment• from h floor .
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Mr. McBrayer stated that a written question which was submitted
was whether restrictions could be written prohibiting requests
for variances on hazardous and abandoned signs.
Ms. Powers reiterated that there is a provision in the proposed
Sign Code allowing a six-month extension on the removal of non-
conforming signs, which extension request would not go to the
Board of Adjustment and Appeals. Appeals regarding hazardous
and abandoned signs may be made to the City Manager . Ms. Powers
asked Assistant City Attorney Tom Holland whether it could be
written into the proposed Code that the appeals could not be
submitted to the Board . Mr. Holland stated that the right to
appeal is written into the Municipal Code, and that the Code
would have to be altered; it could not be done in the Sign
Code alone.
Mr . McBrayer stated that another written question that had
been submitted concerned the recent Supreme Court decision on
the Lakewood Sign Code; was that code too vague, and what im-
pact would this have on the Englewood Sign Code? Mr. McBrayer
noted that Lakewood had attempted to limit the content of the
sign, which the Englewood Code does not.
Assistant City Attorney Holland stated that the Supre~e Court
decision was announced on September 21st; he does have a copy
of the decision, which is very comprehensive. Mr . Holland )
stated that some of the provisions of the Supreme Court decision
will have an impact on the existing Englewood Sign Code as well
as on the proposed Sign Code . He stated that he has not had an
opportunity to fully review the decision, but that he would do
so. He stated that he felt the City can get guidance fro~ this
decision to do the type of Sign Code that we want.
Ms. Powers asked if Mr. Holland could have an outline of the
implications of the Court Decision prepared by the next meeting
of October 6th . Mr. Holland stated that he would have a memorandum
to Ms. Powers by that date .
Mr. John Maxwell agreed that abandoned signs are unsightly and
should be terminated. He pointed out that if signs are licensed,
it should be sufficient to cover the removal of the sign; if the
property owner/businessman removed the sign, the moneys could be
refunded, but if the sign is left nd the City has to remove the
abandoned sign, the prop r ty owner/businessman would forfeit the
license fee on the sign .
Mr. Allen stated that he was s tisfi d with the existing Sign
Code; th only thing th t was of concern to him was the matt r
of abandon d nd poorly controll d/poorly appearing sign .
Mr. All n st t d that he f lt th existing Sign Cod could
accomplish wh t is intended by the proposed Code, bu ither
the city is 1 x in enforc m nt, or w do not have th uthority
to enforc th Sign Code prop rly.
Mr. McBr y r point d out that propos d Sign Cod would
d cr s tim -fr m r quir d for removal of bandoned sign
by 60 days . Ms . Pow rs furth ed th proc as ha mu s
b follow d und r the existin n att mpt to r mov an
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abandoned sign. Ms. Powers noted that even with the time-
consuming process that now has to be followed, six abandoned
signs have been removed in a two-block area of South Broadway
recently. She emphasi zed that the proposed Sign Code would
decrease the time frame to 30 days rather than the 90 days
whi ch presently exists.
A member of the audience asked how the 30 days was determined --
from what point in time? Ms Powers stated that the Department
would be working with Sales Tax Division, and it would be figured
from th date the sales ax licens e would expire. It was pointed
out that many businesses may not have a sales tax license, and
yet have a sign. Or a business may move across a street, and
retain the sales tax license, yet abandon a sign at the former
location. Discussion ensued. ~-McBrayer stated that he felt
there were several ways to determine the date a sign is abandoned,
and that the staff and Commission would further explore this
question . He stated that he had previously suggested that on
properties on which a non-conforming sign is located, a formal
statement of the non-conforming status of the sign be filed
against the property; this would reflect on the record of
that property, and would put new property owners on notice that
the sign must be brought into conformance upon purchase of the
property.
Mr. Roger Robohm stated that he felt the three-year amortization
time on non-conforming signs would be extremely expensive for
some businessmen, and could put some of them out of business .
He stated that he was also concerned about the proposed size of
signs permitted under the proposed Sign Code. He stated that
he is aware of the need for aesthetic appeal, but asked who
determined the aesthetics of a sign.
Ms. Powers stated that at the tim the existing Sign Code was
approved, 32 feet in height for a sign was permitted; now, it
is a question of whether nother set of standards are appropriate.
In r vi wing the Englewood Sign Code and contrasting it to Sign
Codes in djoining and other municipalities, the Englewood Code
is really very lenient. M . Powers stated that in reviewing the
existing Sign Code, it may be determined that these standards
ar still pplicabl and should not be changed. Ms. Powers
poin d out tha letter from the DBA was sent to Mayor Otis,
which communication xpres ed concern over the condition of
sign in th downtown area. This was one impetus for reviewing
the xis ing Sign Code and coming up with the proposed changes.
Havil nd, executive director of the Englewood Downtown
lopm nt Authority, stated th t they had recently held
r 1 public me tings on the proposed d velopment plan for
downtown area; he had asked particip nts to fill out a
qu ionn ir , and som of th recurring concerns that came
throu h r m thea p rticipants was that of esthetics and
sign in th down own r H stat d th t a lot of people
w n improv d sign in th downtown business ar a.
Clos , ch irm n of th DBA, stat d th t th ir
is cone rn d with the pp ranc of th downtown
no d th t motorists s m to increas sp d wh n
hrou~h the downtown s ctor, rath r than slowing down
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to view what businesses are along Broadway . He stated that
it is the feeling of the DBA membership that a great part of
the problem is the clutter and antiquity of the existing sign-
age that is in the downtown area . It is their feeling that a
lot of signs in the downtown area should have been removed a
long time ago. Mr. Close discussed the "clutter" of the existing
signage, and noted that some of the larger signs obstruct view
of smaller signs. He stated that the DBA would like to see some
conformance in the signs in the downtown area. Mr. Close stat e d
that he felt the businessmen should take a long look at the
existing signing along South Broadway . Mr. Close also commen ted
that he didn't think the idea of "grandfathering" signs in
when a new Code is adopted was proper.
Mr. McBrayer stated that he felt the group of individuals \o7ho
support the development of malls and greenbelts are also in
support of improved signage; all these improvements are done
with aesthetics in mind.
Roger Robohm stated that he had talked with a former Boulder
businessman, who went out of business because of the mall.
He stated that this attempt at beautification has caused
problems for these businessmen . Mr. Robohm stated that he
is willing to make changes, but within limits .
Mr . Leonard Robohm stated that they have invested $23,000 in
improving the front of their building, and received a plaque
from the Chamber of Commerce commending them for their improve-
ments; he stated that it appeared they would have to give the
plaque back totheChamber becaus e their sign isn't liked. Mr .
Robohm stated that he also felt the size of the signs which
would be permitted under the proposed Sign Code would not be
large enough to be legible from a vehicle traveling at 30 mph,
and that in support of this he would defer to Mr. Grimm who
is in the Sign business.
Mr . Grimm stated that he did not feel the existing Sign Code
"was that bad", but that the problem is with enforcement. He
stated that there was no enforcement power in the existing
Code. Mr. Grimm stated that he felt a lot of businessmen and
property owners will be willing to work with the staff on the
matter of signage. Mr. Grimm questioned the deletion of the
80 sq. ft. guarantee for each business; he stated that he does
not feel this is too much signage.
Mr. McBrayer stated that the Commission and staff want to
come up with a Sign Code that is fair, but still reduc th
clutter and poor signage that has proliferated in the City .
Mr. McBrayer stated that possibly a new formula for d termining
the number and square footage of signs should be d vised.
Mr . Grimm pointed out that the existing Sign Cod i s only ight
years old; many signs that w re installed and conform o th
existing Code would become non-conforming under th propos d
Sign Cod if it were to b approv d as it is pr s n ly writt n .
Discussion ensued on identification signs on h r ar of
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businesses ; Ms. Powers pointed out that identification signs
at the rear of business establishments would not b e counted
toward total sign area .
Mr . McBrayer discussed the termination of non-conforming signs
within thre years; he suggested that possibly a fo rmula could
be devised using the three-year time limitation , a nd giving
a dditional time or "credit" on the age of the sign . Ms. Powers
p ointed out that there are not very many new sign s on South
Broadway in the downtown area .
Mr . Cordova, owner of Flash Tailors, stated tha t he didn't
think there was much problem with the present Sign Code. He
stated he did f eel there is a need for more enfor cement .
The matter of lowerin g signs as would be require d under the
pro posed Sign Code was discussed. Mr . Grimm stated that he
did not think the 20 ft. height will have tha t much effect
on the over-all appearance of the signage .
Ms. Powers stated that she felt a decrease in p e rmi tted height
would have a positive effect on the over-all appear ance . She
pointed out that it is not the intent of the s t a ff or the Com-
mission to write a Code that is so restrictiv e t h a t bus i nesses
would move out of Englewood. The staff and Co mm ission do want
the comments and suggestions from interested ci t iz ens and
busin essmen. She stated that she was still of t he op i nion
t hat a guaranteed sign are a of 80 sq. ft. p er bu s iness --no
ma tter the siz e of t he bu i ldi n g --i s t oo much, and that the
amount of signage shou l d b e based on the a mount o f street
frontage.
The amortization of non-conforming signs was fur ther discussed .
Ms. Powers discussed the enforcement of the Sign Code, and
noted that at the present time the Code En f orc ement offi cers
are responsible for enforcement of the Sign Co de . Dur i ng the
summer months, there are so many pr oblems with weed and litter
complaints that enforcement of the Sign Cod e cann ot be top
priority. It is proposed that enforcement of the Sign Code
would become the responsibility of the Planning Division, and
that a member of the staff would be working full-time o n t he
enforcement of th Code. Further discussion ensued.
Mr. Cordova suggested that the property owner needs to be
brought into this. He suggested that perhaps a clause c ou l d
be put into the lease between the property owner a n d busines s-
man that when the premises are vacated, the sign is to g o with
the business vacating.
The matter of signing at the rear of businesses was f u rther
considered. Ms. Powers quoted the following from the pro p os e d
Sign Code: "Secondary Signs. Each business or use may have
one (1) sign identifying that business or use nd the a ddre ss
on the rear of th building, which shall not b coun ted toward
tha maximum sign ar Such Secondary Sign shall not e x c d
on -half (1/2) squar foot of sign are for ch line r foot
of the front lot lin ."
•
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-9 -
Mr. Grimm reiterated his op1n1on that the removal o f the 80
sq. ft. sign area which is presently guaranteed every business
is out of line. He suggested that possibly the "signab le"
area as proposed would be ample for those businesses that mi gh t
have 12 foot frontage.
Mr. Don Ensign, Design Workshop consultant for the EDDA, stut e d
that he felt the Sign Code should be more restrictive ; he s tat ed
that the signage is something that needs to be looked at by the
community --the size of the signs that are allowed, and the
competition in the size of signs. He pointed out that the
businesses will not be competing exclusively with the busine s se s
within the block, but with other communities within the metro
area. Mr. Ensign stated that appearance does have an impor ant
impact on the choices people make on where to live, shop, etc.
Mr. Allen stated that he has read both the existing Sign Code
and the proposed Sign Code ; the entire Code suggests to him
that it is so restrictive that it cannot be enforced , and it
is counter-productive . He stated that there is no way the
detailed inspections could be enforced the way the Codes are
written.
Ms . Powers stated that she also found the existing Sign Co de
to be very difficult to interpret, but that the staff had
simplified the Code in the proposed version.
Mr. Roger Robohm stated that he felt the Sign Code was written
for a "new city"; he pointed out that Englewood is not a new
city with nice, new buildings; we must deal with the exis ing
buildings. He stated that he would agree that cleaning-up in
the downtown area is needed. He pointed out, however, that
he did not feel this clean-up is needed in every sector o f t he
downtown .
Mr . Grimm stated that he felt the main problem is a ma t t r of
enforcement ; some of the signs have been erected illegal ly
Ms. Powers stated that a lot of signs were put in before th
existing Sign Code was in effect; she felt a big que s tion was
how to d al with the termination of the signs . Ms . Powe rs
asked Mr . Grimm if he ob j ected to the proposed 20 ft. h ight
limit tion on signs? Mr . Grimm pointed out that j u st s v n
or eight years ago, when the existing Sign Code wa s adopt d,
th 32 foot height limita t ion wa s pproved ; now it i propos
that a h ight of 20 feet be pproved , and tho s e sign s in xc
of th t would become non-conforming. He cited th sign on th
Burt c r d al rships, which pole signs are approxi m ly 32 f
in h ight . H stated that h did not fe 1 ther wa s bi problem
with th pr s nt height of th pole signs .
Mr . McBray r tated that th
work out a compromis on th
Commission nd s t a f
r s ric ions .
ould try 0
Mr. Don S ymour asked wh r th
on ai n h ight, re , tc ., tha
of Adjua m n and App ala ?
City would a t nd o n t h e v rian c s
hav b n approv d by the Bo r
•
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-10-
~s Pow er s s t ated that she had b een informed by the Assistant
City Attor n e y t hat this could be dealt with in a couple of
ways: (1) They could remain because they obtained variances
from the Board; or (2) They could be termed non-conforming and
be required to conform or be removed \vithin the d etermined
time limit ation.
1r. }lcBr ayer thank ed the members of the audience for their
attendance, and reminded them of t he next public meeting on
October 6th, which will also be he ld in the Library Conference
oom . Hs . Powers asked that if me mbers of the audience knew
of o ther persons who would be interest ed in this matter, to
pleas e invite them to attend the meeting on October 6th. She
poin t e d out that this meeting on October 6th would be open to
th~ gener al public, and that sign companies, auto dealers
and other businessmen would be notified of this meeting .
Mrs. Pi erson also thanked members of the audience for their
at e n dance. Sh e stated that they were welcome to remain for
t e rest of the Commission business meeting.
IV. PU BLIC FORUM .
Mrs. Pierson aske d if any member of the audi ence wished to
address the Commiss ion on any matter? No one responded .
V. DIRECTOR 'S CHOICE.
Ms. Po wers asked if members of the Board of Adjustment would
remain f ollowing the meeting for a brief time.
VI. COMMI SS ION'S CHOICE.
Ther• w s nothing br uught up for discussion un der Cotmnission's
Choice.
Th metin g adjourned at 9 :10 P .M.
•
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LIQUOR LICE NSE AUTHORITY
MINUTES
Septembe r 23, 1981
Th e meeting was called to order at 8:15 p.m. by Ch airperson Donald Styes.
MOilERS PRESENT:
MEMBERS ABSENT:
ALSO PRESENT :
Donald Styes, Ronald Lunders, Frances Cosby, Lloyd Bryan
Ronald Blan ch ard
Charlie Grimm, Assistant City Attorney
Eric Johannisson, Revenue Chief
Brenda J arrett, Reco rding Secretary
* * *
The Authority received from the Englewood Police Department a report that
Ken's Lounge, 2893 South Broadway , Englewood, Colorado, had been issued a citation
for serving liquor to minors . Viivi and Douglas Ch ambers, owners of the
establishment, were present as well as Aud r ey Thompson , the bartender who
allegedly served the two sixteen yea r old patrons.
The Authority set 1 hearing date of October 28, 1981, to consider suspension
or r evocation of license. Ms . Th ompson r equ ested th at the two minors involved
be subpoenaed for the hear in g. Because th ey are minors, the Board was unsure
whether this would be possible.
* * *
MS. COSBY MOVED, AND MR . BRYAN SECONDED, TO APPROVE A CHANGE IN CORPORATE
STRUCTURE FOR HOWARD JOHNSON COMPANY DBA THE GROUND ROUND, 5180 SO. BROADWAY , ENGLEWOOD, CCl.ORADO.
AYES:
NA YS:
The .otion carried .
Donald Sty es, Ronald Lunders, Frances Cosby, Lloyd Bryan
None
* * *
Ch a irpe rson Styes requested that the recording secretary call the roll. The
following membe rs were present : Donald Styes, Ronald Lunders, Lloyd Bryan,
Fran ces Cosby. Authority member Ronald Blanchard was absent.
* * •
The Authority r ece iv ed 1 request for change of ownership fron Encore Englewood
LiMfted, Inc. dbl Af ter the Fox, 5570 South Broadw~ to Leisu re, Incorporated.
Attorney Don Carwin was pr ese nt representing John Romola, also present. Hr.
ROMOla was refused transfer of the license by the Authority earlier . Mr . Carwin
told the Authority they we re under a t orary restraining order which
prohibited theM from granting a transfer of this license •
•
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•
September 23, 1981
page 2 -
•
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Also present were the officers of Leisure, Inc., Bill D. Fyke, President and
Betty J. Fyke, Tre~surer, both of #1 larksdale Drive, Littleton, CO 80123 and
David B. S.ith, Y1ce President, 6561 S. Crest Brook, Morrison, CO 80165.
Mr. Kenneth Kershaw, 16813 E. Nassau Dr ., Aurora, CO 80013, manager of After
the Fox for Encore, Inc . and for Leisure, Inc. was also present .
The Authority, after questioning Mr. Fyke, consid ered the transfer in executive session.
Mr. Carwin requested that, if ft was the Authority's intention to grant the
transfer, it be stayed forty-efght hours so he could seek judicial review.
MR. LUNDERS MOVED, AND MS. COSBY SECONDED, TO APPROVE TRANSFER OF THE 3.2 BEER
LICENSE, ON PREMISES, PRESENTLY OWNED BY ENCORE ENGLEWOOD LIMITED PARTNERSHIP,
DIA AFTER THE FOX, SITUATED AT M70 SOUTH BROADWAY, ENGLEWOOD, ARAPAHOE COUNTY,
COLORADO, TO LEISURE, INC. AS PETITIONED.
AYES:
NAYS:
The MOtion carried .
Donald Styes, Ronald lunders, lloyd Bryan, Frances Cosby
None
* • *
MS. COSBY MOVED, AND MR . BRYAN SECONDED, TO ADJOORN.
AYES:
NAYS:
The MOtion carried.
Recording Secretary
/bj
Donald Styes, Ronald lunders, Lloyd Bryan, Frances Cosby
None
* • •
I . .
•
•
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LIQUOR LICENSE AUTHORITY
PUBLIC HEARING
St. Louis Catholic Church
3301 S. Sherman St.
September 23, 1981
HR. BRYAN MOVED, AND MS. COSBY SECONDED, TO OPEN A PUBLIC HEARING TO CONSIDER
AN APPLICATION FROM ST. LOUIS CATHOLIC CHURCH FOR A SPECIAL EVENTS PERMIT FOR
BEER, WINE AND LIQUOR FOR OCTOBER 25, 1981.
AYES:
NAYS:
The motion carried.
Donald Styes, Ronald Lunders, Frances Cosby, Lloyd Bryan
None
The public hearing was officially opened at 7:55p.m. by Chairperson Donald Styes.
MEJII8ERS
PRESENT:
MEMBERS
ABSENT:
ALSO
PRESENT:
Donald Styes, Ronald Lunders, Frances Cosby, lloyd Bryan
Ronald Blanchard
Charlie Gri.m, Assistant City Attorney
Eric Johannisson, Reverue Chief
Brenda Jarrett, Recording Secretary
Present to speak for the application was Connie Vagnino, 7723 E. Navarro Place,
Denver, Colorado 80237. Under oath, Ms. Vagnino told the Authority this was
the twenty-fifth year for this event, and that there would be two uniformed
police officers on duty to help with the crowd.
There was no one opposing the permit in attendance .
MR . LUNOERS MOVED, AND HR . BRYAN SECONDED, TO GRANT THE SPECIAL EVENTS PERMI T
FOR BEER, WINE AND LIQUOR TO ST. LOUIS CATHOL IC CHURCH FOR OCTOBER 25, 1981 .
AYES :
NAYS:
The motion carried.
Donald Styes , Ronald Lunders, Frances Cosby, Lloyd Bryan
None
HR . LUNOERS MOVED, AND HS . COSBY SECONDED, TO CLOSE THE PUBLIC HEARING.
AYES :
NAYS :
The .otion carried.
Donald Styes, Ronald Lunders, Frances Cosby, Lloyd Bryan
None
~·;#-
R cording S:: e~
•
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•
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TO: Mayor Otis and Meni>er)J rt ~ity Council
FROM: Andy Me~~_:~ t~ ... ~~·r: and
Richard ~~~sistan t City Manager
DATE: October 14, 1981
SUBJECT: ICMA Conference
The International City Management Association 1981 Conference was held in
Anaheim, California, from September 20-24, 1981. Anaheim was truly a unique
and exciting place to have a conference. The climate (except for the smog)
was great and there wer plenty of attractions. There were approximately
3,000 ICMA members in attendance primarily from the United States, Canada
and approximately six foreign countries.
The conference itself began on Sunday, September 20th with a welcome address
by the Mayor of Anaheim, California. The major speaker at the session was
George Plimpton, noted author. On Monday the principal speaker was Robert
B. Carleson, Special Assistant to President Reagan for Policy Development.
He gave an overview of th Reagan Administration's attitude towards the
federal, state and municipal government relationship. After his address,
there was a follow-up p n 1 compris d of c1ty managers, mayors and others
who carried on th di cus ions r lating to cities and the "New Federalism."
In the afternoon, numerous maller sessions were offered on various topics
related to c ity manag nt. One sess ion on banking and local development
explores the relationship betw en the public and private sectors. One of
the panelists identifi d thr e k y ingredients for the public sector if
th private/publi c partnership is to suceed:
1. B honest about your own economic problems.
2. Managin g a city is no diff rent than managing a big busines
3 . It is not unnatur 1 for th public and private sector to be
adversaries.
Tu sd y's key speaker w s Robe rt P. Biller, De n of th School of Public
Administration of th University of Southern California, Lo Ang 1 s,
California. He add d to the comments of the Monday keynote ape ker in
th ar a of ch nging relationships amo ng f d ral, at te nd local govern-
m nta . Once again, th re w r m 11 r afternoon a ssiona d sling with
c ity management, but cone n r ting mor on th p rsonal asp e t a of th e
city n ger'a job such as mobility , a tres , 1 arning from other man g ra,
and managing per on 1 financing in inflationary times. Th e annual buain 11
m etin was also h ld on Tu ad y afternoon •
•
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Page 2
Mayor Otis and Members of City Council
October 14, 1981
•
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Wednesday morning Yvonne Brathwaite Burke, Attorney and former member of Congress,
discussed successful strategies for identifying and using limited resources.
Smaller sessions continued throughout the remainder of the day with the closing
banquet held that evening.
A special exhib it of ICMA training materials was on display throughout the
conference. ICXA is undertaking a concerted effort to provide managers,
assistants and other supervisory staff with improved training opportunities.
They are putting the f inishing touches on a plan whereby cities would have
packaged training programs made available to them for a fee. Technical
assistance would also be made available to assist cities in developing their
own in-house training programs. This is something that the City is looking
into and we will have more information available early in 1982.
We both thoroughly enjoyed the conference and the opportunity to meet other
managers and assistants. It is probably as much of a learning experience to
discuss mutual problems with other managers as in attending specific sessions.
We sometimes feel that our problems are unusual and it is very helpful both
professionally and personally to talk with other people with similar problems
and learn from both their successes and failures. We want to express our
thanks to the Council for the opportunity to attend .
sb
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October 13, 1981 SD
TO: Andy Mc Cown, City Manager
FROM : Kells Waggoner, Director of Public Works
Gary Diede, Director of Engineering Services
Wayne Oakley, Street Superint endent
SUBJECT: Out-of-State Conference Report (AP WA CONG RES S & EQUIP-
MENT SHOW IN ATLANTA, GA.)
As approved in the 1981 budget, the three of us attended The Ame rican
Public Works Assoc i ation's Congress and Equ ipme nt Sho w in Atlanta, Georgia
from September 13 through 17 . The theme for the convention wa s "Mak ing
Gov ernmen t Work Better ", which, with today's budget tightening, emphasized
getting the jobs done more efficiently and economically.
Although it was not a record attendance year, more than 6,000 registrants
took part in the seminars and equipment shows. Many work sessions r an con-
currently durin g the day in order to consolidate the convent ion into four
days. Various institutes had programs: Mun ici pal Engineering, Solid Wastes,
Transportation, Water Resour ces, Equipment Services, Build ings and Grounds,
Administrative Ma nagement, Utility Location and Coordination, and Sustain-
ing Members . The f act th a t t here we re concurre nt work sessions allowed
the three of us to attend different sessio ns at any one time, thereby ta king
advantage of more of the information given.
The Equipmen Sho w is pa rt of the convEntion, givi ng reg istrants the oppor-
t uni t y t o s ee hund reds o f pie ces of mach i nery, from pothole patchers to
sn ow p low s. Ma ny typ es of s erv i ces are also explained, 1 .e ., an oil analy-
s i s se rv ice which proc esses a sam ple of engine oil to determine locat i on
an d ext ent o f en gine ear. This i s done by detection of metal compoun ds
1n t e oil; hen, by kno wing he e ngi ne brand, any copper, bras s , or s teel
al loys can be traced to a specific part o f the engine . Another i nteres -
ing produc was a vaned storm s ew e r in e t grate . Rather than us i ng the
standard cross-we ded grate, the va ne d gr ate ca n be used to direc t the
water into he ca c basin for more capaci t y an d less debr is blockag e.
We rough b ck informa ion for Communi y Development on som e ve ry attrac-
ve stree scape i s, such as planers, ben ches , s he l ters , an d t r ash
recep acles.
As or some o t e sess;ons, we found use ul programs in areas of fu 1
conservation, fuel manage en , avoid1ng litigatio n wi th contracto r s, ly
ash i n concrete, subd1vfsion regulations, st reet ma i ntenan ce, r ecycling
as phalt , rebuildng equip .e nt, chdnging pe rs pe ct i ves o f Federal pr ograms ,
a nd urban flood warning svs rrs. Fuel conser va tion was part icularly
i nformative, wi h sorr suggestions for savi ng:
1) Mix 7S used o 1 wf d1esel fu e l (Coors is doing it s ucc e ss f ully.)
2) Set governor o low er RP M
3) Reduce ve 1cle w 19 {Ll full ta nk for s mall t a sk s)
4) Shi ting ec f s
•
I • •
•
•
• •
Andy McCown, City Manager -2-October 13, 1981
Opening wi ndows at 55 mph increases the drag on a vehicle and reduces mil ea ge
by two mpg. New type air condit1oners reduce mileage by 1 mpg.
Fly ash is becoming more accepted and necessary to extend the limited supply
of cement in mak ing concrete. As a fill er, it can be very compatible wi h
the concrete mix and improve the finishing workability. There are several
types of fly ash; type "C" is the best type for our use. The main problem
is depending on the coal burning power plants and concrete supply to pro-
vide a good quality and con sistent type "C" fly ash.
The pressure o use fly ash will become almost demanding when the Nevada MX
Missile tunnels get started. It is e xpected that about l/3 of the cement in
the U.S. will be sent to that project, causing a worse shortage than we have
now. Other c ities , the federa l and state gover nments, have used fly ash
successfully in street and structural concrete construction projects. Our
experience with "F" type fly ash i n P.O. #25 was not a good start with the
concrete spalling problems.
Frank W. Naylor, Jr., Undersecretary for Small Comm unity and Rural Develop-
ment, told us that the U.S. Government is using 46 % of the debt market,
that this figure needs o be reduced, and hat there will be significant
cutbacks in water and sewer loans.
Les Lamm, Ass i s an Fede ral High way Administrator, told us that they are
not requesting any increase in revenues, that heir main goals are to com-
plete the i nte rstate system , to maintain the interstate system, to provide
for major bridg replaceme nt and repair , and that there wil l be reductions
in the Urban and Secondary System funding.
It wa s indicated that 1982 is in somewhat of a gray area, budget wise, bu
that i was a pha se-out period for the Economic Developm en Adminis ra 1on.
Before Wayne Oa ley returned to Engle wood, he vis1ted with two o her cities
i n Georgia ha had switc ed to na ural gas as an alternative fuel. The
switch included du p r~cks,and was imp ressed with the re sults.
The City of Atlan a
large and nu erous
wha t d pre sing.
shopping cen ers
env iron •e t.
We enjoyed e conve
want to e)press our
lo
be a convent1o n-ori nted communi y wit h ery
conv ntion cent ers The core area was some-
ere 1n poor repair, many vacan Several
up, r ea1in a high crim e rate and low-income
ion, visi ing with friends and making new ones, and
pprect !on o Ci y ouncil or allowing us to a tend.
•
I .
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•
TO:
FROM:
DATE:
SUBJECT:
•
• •
E
MEMORANDUM
Honorable Mayor Eugene L. Otis and
Members of City Council
Louis Parkinson, Municipal Judge
October 13, 1981
MUNICIPAL COURT ACTIVITY RfPORT FOR AUGUST, 1981
Attached is the Municipal Court Activity Report for the
period of Augu st 1 -31, 1981.
The report is being transmitted to keep you further
informed of Court activity and requires no action by
City Counci 1.
/b
Att.
•
I .
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•
•
• •
tiU!IICIPAL COURT
~}V! T 1J:Ii'ORT
--------------------AeGti'T----Al•!,''' ---n'"'T'"A"LS""""--~T"'OTALS --
"[VI '.U[ S•}•mC f l~3 l I ~~-FOR YEAR LAST YEAR
----------------------
Vtold tt ons uurcdu ftnP :.-----------------5
Pa rk ing Vi olattoo; f1neo;----------------S
Cou rt Cases -----------------------------S
Cort Costs------------------------------5
.,, t ne c;s rrro ~----------------------------S
Ju ry Fees-------------------------------~
Bond Forfelture,·-----------------------~
Onver fr·prove rnt ~c LOl l rre~----------S
'>,J46.00
4. 700.8D
16 ,827.00
4,nm.nn
nr,.nn
I Z5.00
525.00
405.00
Appeal Oond rees------------------------5 -0-
Arapahoe County (IJUI 's )-----------------5 __'l.?l..:.iQ.
Tfl-ALS ~ 10 ,011.30 ------·
ADP AI GNf'HITS----------------------------
G"i t y piP"' (1ncL nolo pl•"'l----
Not fiutl t v fl1~"'c;------------------
Cont'd .. ratled to l'poe3r, 01~,.,.---
TPAFF IC VIOl ~TIO 'I S CIIR(A IJ---------------
Gull t v ple~,----------------------
Not Gu•lty pleas-------------------
TRIALS SCHEDULED FOR t'O:iTII--------------
Trials t o tte Cou rt (held)---------
Ju r y Trials (held )-----------------
Junes canc e lled-------------------
Jur ies con 1nued---------------···-
Jur t ts dt ~""' sstd·-...... ------.... --........
Pre-trial C Merences (Jury Tnals)-----
l'lndatory Pre-trhh-------------------
<peClal ~eann~ .-----------------------
Cas e s close~ bv dhros uon (P.B ------
Cases clos d t• ~f . ros. en nl -----
Or her School a t ndance----------------
Wurants and f•eCUliOM ls\Ued··········
Costs ~nd l n q (not Ind . p•r •nq)-------
7]1
141
20~
1~1
~02
215
167
Ill ( 321
82 ( 27)
29 ( 5)
19 s
2
•2
377
111
~5
&
28
116
2,117
11ov1nq trat ''' vio l '1 •s··--·--·-------( (
Parkin viol t ns·•···················· !,0, ~
hophfttn VIOIH I 10 ••••••••·•••• ••·· V
J z
•nH•'il Ord1"iSn( VIOl ~'t "'S ·•·•••·•··••·
(OfiiPla•n s (cltlt•n, ax, • .)·· __ 1
1 ,111
npectfully u1 ' toJ,
~7 .. ~i.~. 1 ( "
4 ,65 l. '>U
6,4 21 .?1
II ,4~3. 10
l ,Zn5 .no
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2:i.00
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285.00
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27 .777.7 1
lRI
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81
375
244
81
2'a ( 9)
2ll4 ( 8)
74 ( I)
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217 ,.
15~
6
16
170
I,Q17
eo
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r\, r t y 'o ·"'' t
43,451.40
49 ,894.14
94 ,335.00
7~.1 0).00
p,<;7 .'>0
350 . oo
2 .4~0.0 0
2,625.0D
-0-
7,485.00
2Z9 ,5~1.0 4
3,4Z3
1,517
1 .n~7
83?
2 ,5Q3
I ,909
784
1.706 (IRQ)
1,498 ( 16R)
208 (21)
ISO
36
3
217
I ,7~1
593
1,029
37
18
6ZO
• .•s~
8,5~4
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14,4
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~3 .•69.52
8B ,OZ 4.00
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r 4o.oo
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2,745.0~
3.00
~&_5.,5i
2 14,777.57
2 '713
1,770
RPO
611
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2,291
759
1,677 (75)
I ,620 (68 !
57 ( 7
IJ4
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166
1,735
289
!,JS)
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I 4
548
4. 1
!1,1S4
170
12
2•1
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1 '~ 1
I •
. I.
ORDINANCE NO. 1/
Series of 1981
•
• •
BY AUTHORITY 1fJ
COUNCIL BILL NO. _7_5 ____ __
Introduced by Council
Member FITZPATRICK
AN ORDINANCE APPROVING TRE 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 EACR 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 TRE 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 incidental
costs, or for the r eimbursement of costs already incurred; and
WHEREAS, although the improvements authorized by said
Ordinance have not yet been completed, the tota l cost of such
improvements has been relia ly ascertained; and
WHEREAS, an assessmen roll has been prepared and a
statement showing the to al cost of the improvements has been duly
filed with the City Council; and
WHEREAS, from
Counci 1, 1 t appears that
th a unt of s675 • 27 · 31 ,
he sta e ment mad and filed with the Ci ty
h whole cost of said improvements is
of whi ch amount the City of Englewood
will pay S 223,378 .86 nd h Engle wood, Colorado, Do wnt o wn
0 v lopm nt Authority will pay $96,000.00 , ~eaving $3 5 ,048.45to
be •• •• d again st h real prop r y in the Oistr ict, aaid amount
including costs o inspect1on, collec ion and other incidental
and alao including 1nter s aa allow d by law; and
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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 apportionment is 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.
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, within thirty days after
the final publication of this Ordinance, without demand: provided
that all such assessments may, at the election of the property
owner, be paid in install ments, with interest as hereinafter
provided. Failure to pay the whole assessment within said period
of thirty days shall be conclusively considered 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 conclusively held and
consid r d as a waiv r of any right to question the power or
jurisdiction of th City of Englewood to construct the improve-
ment , the quality or the work, the regularity or sufficiency of
the proc edings, or the validity or the correctness of the as-
seas nta, or th validity of the lien thereof.
In h vent of such election to pay in install-
ment•, th ass am nt• sh 11 be payabl at the office of the
County Tr asur r o Ar paho County, Colorado in t n ( 10) qual
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annual installments of principal, the first of wh ich 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 princ ip al 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.
Sect i on 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 imwediately, and the whole amount of the unpaid principal
and accrued interest shal l thereafter draw interest at the rate of
one per centum (1%) per month, or f raction of a month, unt il the
date of tax s ale, as provided by law. At any t i me prior to the
date of the t ax sale, the owner may pay the amount of all unpaid
installments with interest at one per centum (1\) per month, or
fraction of a mont h , and all penalties accrued and shall thereupon
be restored to the right there after to pay in installments in
the same manner as if default had not been suffered. The owner of
any proper ty not in default as to any i nstallment or payment may,
at any time, pay the whole of the unpaid principal with accrued
in terest to the date of the next assessment installment payment
date.
Section 4. Discount on Payment of Assessments. Pay-
menta may be made to the Director of Finance at any time within
thirty days after the final publication of this Ordinanc , and an
allowance of five per c ntum (5 ) will be made on all payments
made during such period, but not thereafter. The discount of 5
shall apply to all such payments, whether the payment is the
entir amount of assessm nt du , or a part of the ass ssment.
Immediately aft r the expiration of such thirty day period, the
assessment s shall be certified to the County Treasurer of Arapaho
County, Colorado, for collection, s provided by law . I • •
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Se ctio n 5 . Assessment L ien. All assessments levied
against the real p roper t y in the District, together with a l l
in tere s t the r e on and pena l ties for default in payment thereof,
and all costs in collecting the same, shall constitute, from
the date of the final p ub l ication of this ordinance, a perpetual
l i en in the several am oun ts assessed against each lot or tract of
l and. Such lien shall h ave prio r i ty over all other liens except
general tax liens, a nd sh a ll be enforced in accordance with the
laws of the State of Co l or ad o.
If an y t rac t of real property included within
the District is herea f ter divided or subdivided 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 div i de the assessment against such tract in the same
proportion that the tract i tsel f is subdivided into two or more
such parcels, and t o certify the r evised assessments to the County
Treasurer of Arapahoe County , Colorado.
Se c t ion 6. Payment of S pecial Assessment Bonds. The
amount of asses sments herein lev i ed against the property specially
benefited, i n t he total am ount of $356,048.4 5 , together with the
approx imate amount of $38,932.23 on hand f rom the proce e d s of the
bond i ssue and not needed for th e cons truction o f the i mprove-
ments , i f any , will be in an amount suffici ent for the p a yment o f
t h e o u tstan ding bonds previously issued for the District.
Section 7. Severability. Th a t if any one or more
sections or parts of this Ordinance shall be a djudged unenforce-
able or invalid, such judgment shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it b ing the
intention that he various provisions hereof are severable.
Section 8. Em rgency Provision. By reason of the fact
that bonds for the District are now outstandi n g and that interest
thereon will shortly b com due and paya b le , funds must be made
available from assessm nta at th earliest possible date for
pay nt of such i nter st, and for th immediat preservation of
the public proper y, h al th, peace and safety, it is her by
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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. Bearing. 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. Publ ication and Effective Date. This Ordi-
nance, after its final passage, shall be numbered and recorded,
and the adoption and publication shall be authenticated by the
signature of the Mayor and the Director of Pi~a_nce, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. This
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
Introduced, read in full, and passed on first reading on the
17th day of August, 1981.
Published as a Bill for an Ordinance on the 19th day of
Aguust, 1981.
Read in full and passed as an amended Bill for an Ordinance
on the 5th day of October, 1981.
Published in full as an amended Bill for an Ordinance on
the 7th day of October, 1981.
Read by title and passed on final reading on the 19th day
of October, 1981.
Published by title a Ordinance No. J'/ , Series of 1981,
on th 2ls d y of Octob r, 1981.
Eugene L. Otis, Mayor
Attest:
X officio City cl
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I , Gary R. Higbee, ex officio City C l erk-Treasurer of t h e
~ity o f Englewood , Colorado, hereby certify that the fore g o ing
~s a true , accurate, and complete copy of the Ordinance pass ed
on fi n al reading and published by title as Ordinanc e No . 1/
Series of 1981.
Ga ry R. H~gb ee
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tU.tAL MIU A\)0WI':.4 l u O Ill ...... ~UliUIVI:.t CJN
1 ~II H ~ JO OJl l -4 :. l'l'C"IIU.•:"C AcJcl.
uro~dw"y
I) L\'I.,Hl t $.\ \C t~RI J~UO ~.
l~70U t:. l:.:-~u HJ i\'w l.).
/\Ul'Ol'ol~ L•) ~U~ II
1')'11 H ·I )1 O ~l 5-G 1•a·cnu.•'r ,, •. hl ..
not.a tC\tn, She;>h..,rcJ J~l0-2~ :.; U<Jwy
,1)') O<)cJ .:n :.t .• 1\p l. \,\):.,
n ·~nv c.•r f t.:O tl'l2 Jll
1 ?'1 1 H ~ 10 0111 .,, N l'rc•ttHC r 1\tht.
1 ""
n .. Ll u.-.nk .,r flo •n, r.xt.:<: 141~ : .. lkJWy,
I :!"J t. ,, l'loronco 1\ oo:acr
'l'ruo t no~1 C:ltwtc llOI)t
I' 0 UOY.. S02S
l>~uv r, co 30H1
l?ll 34 4 00 ou
IIO'lf"JC,. \1111 i n m Robert.
'J.J. '\b !; • l:ontl\\ll 0l'lc1
J.tl.l )ct.rJu , f :U 1101./.J
u·
0 s
Tr o f l<>n<l 1n !ill 1/4 o! S£ l/4
o~ '~-~-t~. oo=c r.3 Deq nt ~
rt H.o.1n Ct N n : 1m Cor of lkh•Y
t, ll.il"'~t.l ~n, '•'h N 1\7 \rt, Th t·; 11'.~,
1-'t: 'i'h ~· -1 7 l·'t; ·rh ,., 12 :• rt·. to
Pt of De<J • S 6 ln of J.Ot 8, Dllt
5, Premier Aci d 1\d j on N aido
34l4-36-33 S Ddwy
1'71 34 G 00 012
!iachtc r, L 1 U r..ln c.
;J
J~G~ f l,n~l~r ~i t,
a;~nvc r, co d02l4
1\ Tr of lancJ ln SC l/4 of 34-4-60
C:>thcr0~\1 "t .:> Pt tthLCh i& 307.70 l!t II
of t:ho 1nt.u c:Jcct.ion of 1:: l.&.no of
0~0~ ~ CJuy I. II hnu c.f E llD .... don:
·rh c 12~ l·'t r 'l'h N 53 t 't: •rh ,.,
l'lll :·1 ., ~Q o:J
c."': hi~, ,1\\c ~:
~~;J ~ ~:.::r!~~~ ~t
Lru;l..:·.:..>oJ, C..:U vOllU
1?11 )4 4 00 0?0
lft)nceno, n i.ch~rcl 0
)1\~f• :i Ud'.IY
t :ra,J lC\IOUd, CO UOl '· 0
1~11 34 4 00 Oll
't'.,ylor, t.Uul.n l', ct o l.
HG1 S Cllu:t
r:n•J Leuooll , co 0 0 ll 0
125 ft r ~·h S :;3 Ft to Boq 3~~0-~~-~6 s Davy
o; l ~. :> ft I"{ C'ol-Do~c parcr>l Oe<r
o;o t·~ c ~ n'i. 2 1"t 11 o r :; l /~ cor
!.-:::: :J·l -t.-G:l : Th C l2!i I't: ..-h 1~ ~~-~ £'\:: '.t'h tl 12j ?t.:J Th S 57.5
1'1. LO U<:<J Soc 34-4-GO
)4$4 :; DcJWY ...
ne'l 26) rt 11 1o ~0 F t c uf S 1/o\
cor !icc 34-4-GOr Th n 12 .2 rt: . , ... c: 1 2·· rt: Th s 12.2 rt, -;oh 11
12:. rt to r:c'l l"J(..-~G'J :; Utlu1
A Lr~ct ol lonc.l ~n tl 1/ ~ ol :; 1/'l
ot t.ll 1/d oC :ll~ 1/4 o! :lt: 1/4 of
H-4-GU ncoc D!l COlMl at o Pt 200 ,
l't II o! •ntoror.ct•on ot C t>no of
f, OLIU'J ' II llno or c JIOift"tlen 1\vo :
'rt\ II lO (I; 'rh. C 3t nL /"\'J 125
1'\. 1 'i'h !i Ot Rt../1\n'J )0 rL ; .-,.h \1
4\.. il~/1\n') \2~ r'"" LO l't. oL UC.9
3460 :.; IJdwy
•
S4o,ooo.oo
$821.50
$ 7,726.78
$ 780.43
$ 870.79
s 9,449.94
$ 200.45 .
s 3.539.37
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•
I"AML /\"''U AO IH~i ~\
1?71 34 4 JO Ol 2
t :tH1 \cwond Ou'""~&L UvJo Uo.!V
J'ulh\lr.&.L'/
J'"»J'; :, ~hcrm..ln :.lt.
l:nljlC>IUUtl , C.:l.l JllllO
1 ?11 H 4 ·10 OJ. I
;1c1:J nnuy, ti . .H \••n•!
~l3 Q C ~loyd ova
Eng1owootl, CO 80110
1971 34 4 JO 024
Clayton, :.Jnrm•\ .1c•1n ..,
LOrc:1xo, I{Olltlh !,, 'l'cn
In Com
3200 N IJO>tlc~ llvo
Littleton, CO 3JL23
1971 3 4 4 00 025
llndort, Ph1l>p G
349:> S Dd"Y
l.:n<JlO\/OOu, CO OJUO
1?71 34 " 0~ 026
rrt:>lor Cn, Tho
cr·::.lor, L(ltun tl
!.Jl~ 1/~ ::; f!.~\Jj
Cnqlcwoou, co U Oll~
1971 )4 4 00 027
Cryalor Co. Thf'l
<"/o Cryolor, rrtwln II
H l'J 1/l :l 11<111/
r:n•rlo.;,..ou<l, 'u II 0 ll 0
1 ~11 34 4 JO OJ~
ro ··loy, 1~ c:
9 Cherry 111\le Dr
tuqlouood, CO OOllO
1?71 34 4 JO 00~
llnniiO, flub:/ II 'ChOit:>~Oil
l41L ' L•nco1n ~ •• Apt
Ln~l~wooU, CO U0 11 ~
•
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~01 111\k.l WIIUIYI:,IUN
CQr:u.t at .:l l't on I. ltu•: ul lhh-iy "
lr,~ l't 10 In U u l U l.a.rh.• u '
,;,,J.•lt'lkh /\V · &h 'IOtj l:JJ l't. JU In(~
'" 'ju r. IJ1 ~b t:ur \l( :.;1 : 1/4 o"
!ii.J..: ).J; 't'h 1: l~J FL; 'i'h ~ 4~ l 'l
l. ln ; 'l'h \"f 1~~ "'lJ 't'h s 4~ l"L ~
In L-> l't ul UC<I H-4-I>U
J41U :;, IJ<lwy.
J\C"f'l ·' t. '' l't ou r: l l nr• oC Cdwy "
15ij t 'L l~ Jrl N of~~ J1nrr o ~
ll..l'.tJll· .. ·n Av u , lx.11n9 13l Pt 10 ln
N ~ 50 rt c of sw Cor of 5~ 1/4
of Sec 34-4-u8: Th I: P<>r t•> SO
ll.:unpUcn 1\vo 12!i Ft1 Th S J 4 Ft
LO ln; '1h \J 1~~ l't; 'i'h l4 :..4 l"t
itJ !11 lu ll\·q
H'IC.-Iu-ao:; udwy
A tract of land in SW 1/4 nf SE
1/4 oc:-;c .v; Conva ~t n rt w.uch ia
/0-1~/.10 l't " of •~r: •:o r oC
!'ihcrl'l"u or lil\mpr\cn 1\vo 4o fldwy,
"l'h 1: l.t~ l"t; 1'h i'l l'i f't; ,.:, \1
125 rt: Th s 2) Pt. to Pl o ! Dc9
1:>< Rts/l~ay 34-4-63
HJ~ S Qduy
,, tract of land in s l/2 of Sl~
1/~ of Sli l/4 of SI: l/4 o! 34-4-60
ococ ao Fol Ocq <>t o Pt on £ l1no
of !l IJ<lwy ~7 rt II of Intcrocc of
E line of IJ<lwy ' :.1 line of llacpclcn
/\voo Th runnin9 ll ol<J C hno o f
udwy 12 rt.: Th c <>t. nt. lln')loa 125 ,
Vt; Th ot RL Anqlcs ~ L2 rt; Th
1
at !It lln?l"~ 11 n~ rt t.o llc?
H'O S Ud
Tha~ part o s 2 o ~K o
su 1/~ of sc l/4 of 34-4-611 Dcq
ot o l't on C line of Dduy 27 Pt.
u of lnt.cr::cct of t Uno of D<luy
~ H l1nc O( IJ.>m;>Uon AVO I Th N 40
Pt; Th C 12:0 Pt1 Th !l 40 rt; Th
W 125 rt .to Pt. of De9
3U4-96 S Ddwy · ...
COIN'Il o t·~ Cor of IHUII!'(lcn ~ Odwy1 1•
Th II 21 Ft1 Th t 125 l't; Th S 27
rt: Tl> 11 12\ l't to rt of Doq
J4-4-~U )4?0 :l DUWl
~J
2~ ) Prcm1or Add
21 ' 22
1401-07 S ~1r~co1n/l6 E.
G•r.,ru
Prcm1cr /\del
3411-15 S L1ncoln
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2.
$18,071.20
$ 1,916.34
$25,380.29
$ 266.30
$ 657.20
$ 599.16
$22,146.80
$ 9,960.92
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•
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tnt J4 4 10 oo 4
l'ox ley, \'1 c
l' 0 Oox 7000
] Jl \1 Jl.:llli;,H.kn iWl~
lin.,1cc•uod, t.:O OOllO
..
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~ I'rom1 cr 1\d<.l
3411-1?-JJ S L•ncu1n
1?71 34 4 OU OJJ Dey 191 Pt ~ o 1U Z.7 ~t N uf SW
Stool, l•l;>ltor L :. ll;>ry t'C<>l' of SI: 1/4 : 'rh 11 >O l·'t: ·rh c
Jt Ten t. Doi :-aln.mt~!Ucn , 125 Ft !<t/L to l·l line of L1.ncoln
1\rnold ' Judah L, Jt st ; 'l'h s 50 F t; ·rh w 12~ <'t ti/L
'l'cn 1/2 Tnt 1:.1 to Ucq H -4 -foO
2?21 s nnwninq St 3439-40 S L1ncoln
tng lcwood • co :1 0 11 0
Oeg 191 Ft 1: " 332.7 l't N of 51~
Oc v Cor o f :;tl 1/4 of S ll l/4 sec 34-4-
Gll; '!'•' L; l .!!.! l't; 'l 'h U SO 1-'t: Th
\oJ ll~ 11 \.; '!'h S !::IU l''L l\l UfJV
~
Recf47 • s 16
Ft of
4J
Fr iedman, Gertrudo
1201 -lOth St
Denver, CO 60202
4 4 ~ l Cm•oO<l 1\dd
4S 3415·17 S Odwy
1!)11 34 l 17 010 42 ~ l tnuood 1\dd
O::ld r<>llCl c·t~ llldCJ 6 Inv Co 43 3421-25·27 S Odwy
:J-1.l!.1 Li cJw:r
J;ng1ci#UU<l, CO 00110
1 ?71 J.l 3 11 01'1 40
0 ' Llrccht. flllr~· C • Dr il na-41
1'-'l<lt., rrcd r, G\lnllll<l P
r'.,v • t 1, :l.:ltt Cll nU II
I ' U r.1.1 X ,,,
l'..lr;.c &;, co 00131
3 8
39
II
36
l?H l4 3 17 Oll 32·
J .oo~. llcnr:J 1. r..un u . l4
.ll Tt'n
C/O 110 :.0 ne" l l:U t.llu CO
0 0 -1 7th :;~
u cnvcc, co •o ~ol
.. l
' l
1
Lr."oO<l 1\dd
3431-35 s Odwy
CnwoO<l 1\d<l
3437-39-39~·41 $ .DIIwy ;
rn•fOOCl /\deS • _
344~ s ll<!wy
l:nwood 1\dd
3449-SS $ Odwy
t nwuO<l 1\dcl
)4~/-~1-'l ~ ~wy
•
$ 9,802.27
$ 821.50
$ 1,464.62
$ 6,838.53
$40,000.00
$10,657.84
$ 2,064.39
$ 7,562.57
$ 8,748.18
$12,167.44
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N.AMl ANU AOORl~ '"' •toe• WUUIVI$tOH
l'J"/1 H J l"l Oll ll 1:nwucxl /\<.Ill
1-'oathuc, ,Jerry 1..\.lO 34t.i '/ !; ll<lwy
1~!14! L..:~n:.any
J\uro1.·~, co ULlill!
1971 34 J l7 011 l9' 1 l:m<oO<l 1\t.J<l
llolth~u3, Dllrb.Jr.:l tfh.:l~•.ml O H73 S lklwy
c/r> N1olscn Inv Co
Hill S /\corM !it
J.nc tcunoc.J ('(J :rot 0
9'/l 34 1 17 010
tlcin,toin, Leo 11 & c v
1950 II J2n<.l live
oa.nvar, co OOlll
l97l 34 J 17 009
t-loinatoin, Leo 11 ' J,; v
195D \'/ )21\U 1\V U
Ounvur, co uo~u
.1971 3~ J 17 008
.Ci.J. 1 11; !lntri.cin ;\ c.
J ,njtJ•~~lot:-.· "rr:tc·.r s, .Jt . ·.:·y~. .•
C) t·l tlamndc:n 1\vo
t:n'JlC>:;x>d, co oouo
27'
20
c 30'
4!~ tt
2~
tnwood 1\du
34a3-35-0'I s lldwy
1 cnwood Add
3495/99 S lldwy
1-J \i II"U&~..,.U<:n
1 F.nwood 1\dd
7-9-ll w ll...,.pdcn
•
$17,674.09
$21,131.31
$ 9,703.01
$13,122.88
$14,721.85
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tlJI.ML , 1\UII AUt LWl;o , ... '''··~~ .,IIL tlll'if•l\11 4 'I
l 'Ji l H ~ 21 oro Ill •
(.IH I .tl:, Jr., 1 .. Dt!t:'<l & l l ·I P L't'nl !t'l' II <!< I $ 1,109.56
1;.1, 1,.·1 I, II II J 1~4!/!I .J ·' IJ .IHy
Ill<. LL r.:"'LJ 1>.1 i1 ~ !!ld•r
U-!11\.l..'t"o c:u JO!Ol
~nn UJ I ··~ ooa l-1 . J &:, r~h . Add , .. .. l.kii/Y Ul~
l l.,•~~pdc.·n l'l..J /.:1 1\:J!.H,.JI;, l 'i t. I '~J 4 ..; '·''h.:uJ.n
c /o L.1ncoln t:t r l/! V.J~ .lllcy 1\u I
~')5 -ll61.h /\vu Nl:, $ 3,302.11
:;nll\l ~01
6 l;llcvuo, "" 'JJ004
2U"I7 03 1 06 013 40-2 llil·ch• i\cl<l to s lkl~y lltS $ 1,170.13
ll"m~X~on Pl.3:£.J 1\.!J~o c. 4) ~ nl~ & Shorll\61n
c /o Llncull\ (.'UI\Lt'f 1/l Vo.!C .. d l '-'1 11..1 l
!i 5~ -lHoLh /\VU 14l:,
Sui to 201
Dollevuo, 1·/A 98004
2077 03 I 06 007 l2 £ 2 ntrch~ lldrl t o s D<I•Y lito $ 585.07
nanf, John 0 1 ) " )~60 s L1ncoln 1:
)560 s Lincoln S t 1/2 Vac alley lid)
(":nq l C\-lOocl, co 00110
2071 01 1 06 0 09 Beg at " \"lt 27 .$9 l't c of ~~~~ Cor
BUchler Pro?ortioo, Inc. of Lot 16 1 ThE alg ~~ line lOS.Al
JSOO s J,incoln !:t l"t; Th s 62.70 Ft ; Th NHly 122 .6S $ 585.07
Cn<Jlc ..oo a.l, <.:0 00110 l't to POll, Ill I< 2 U&.rcho 1\<ll to s .
ll<lwy h t:.; -l:iOO s L~ncoln it I~' :
.
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~n~l l, W1Jl~rd A, Jr.
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C-.LCI\ClJ iu J\.!1\:J lull l~u nU
I' u Uox ';,')J.'/, •t• A
uonvur, CO UOll7
2077 03 l 06 012
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1520 York
Dcnvor, CO 80206
2077 03 l 07 021
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20 '1"1 03 t 117 010
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•
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of 5W 1/4 o f ~C 1/4 Sec J4·4-~U;
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•
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I • •
-
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•
• •
lui 1\lu.l.. :aUU UIV I!.IvN
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•
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$ 549.88
I •
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I .
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•
ORD INANCE NO .~
SE RIES OF 1981
•
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BY AUTHOR ITY
13
COUNCIL BILL NO. 69
INTRODUCED BY CO UNCIL
MEMBER BILO
AN ORDINANC E AM ENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL
CODE '69, AS AMEN DED , RELATING TO RULES OF PROCEDURE BEFORE HEARING
BODIES OF THE CITY AND PROVIDI NG FOR APPEAL THEREFROM.
BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. That Title I , Chapter 7, Sections 1 through, to and
including 7, of the E .M.C . '69, as amended, relating to rules of
procedure b efo re hearing bodies of the City and providing for
appeal therefrom be a mended 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 expeditious method
of procedure for the conduct of all hearings held before
the Ci ty Council, or any board , co~~ission, or official
of the City. The provisions of this chapter shall be
applied uniformly in all such hearings ; provided, however,
that any board, commission, or official may supplement the
provisions of this chapter by the adoption of further rules
of procedure not inconsistent herewith. All rules adopted
to supplement the prov1sions of this chapter by any board,
commission , or official shall be reduced to writing and
copies thereof shall be made available to the public.
Nothing herein contain d shall be con strued or interpreted
to grant to any person a right to appeal to the City
Council or o any board, commi ssion, or official of the
City, or to hav a he r1n be or the same, unless the
prov1sions of h Ci y Ch rter, any applicable State statute ,
or o h r ordinanc , n s such r1ght, the sole purpose
of th1s ch pt r b in o s blish procedural rules for
he rings otherwise r quir d by th provisions of other laws.
1-7-2: DEFI, ITIO S
( ) As us d tn h1s chap r:
(1) A ~ fti r ~v~ HEARl 1G body shall mean the
City Council or ny board, commission, or
o (ici of h Ci y.
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(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 any person in
interest opposing the applicant.
(5) Aggrieved person shall mean any person
having a direct and substantial interest
in the outcome of any quasi-judicial hear-
ing, or any person having a right of
appeal theref rom by virtue of any Charter
provision, State statute or ordinance.
(b) Department Heads or authorized officials of
the City, or the City itself, may be applicant
or a respondent, or an aggrieved person as the
case may be.
l-7-3: NATURE OF HEARINGS
(a) Quasi-Judicial Hearings. The provisions of
Section l-7-7 hereof shall be applicable only
to those heari ngs where the aeMinietrative
HEARING body is called upon to exercise a power
of a judicia l or quasi-judicial nature, which,
for the purpose of this Chapter, shall be
deemed to eeneiee en~y ei INCLUDE, BUT NOT BE
LIMITED TO, the following:
(l)
(2)
Hearings before €iey-€e~nei~ LIQUOR
LICENSING AUTHORITY upon application
for the issuance , or hearings for the
susp nsion or revocation, of liquor
or ferm nted malt beverage licens s;
HEARINGS BEFORE CITY COUNCIL upon ord1nances
which zone or re-zone realty: ORDINANCES
WHICH annexatien ANNEX ereinaneee PROPERTY
TO THE CITY OF ENGLEWOOD; and upon all
app ls from th d cisions of any City
off1ci 1 , board or commission, wh r such
n pp 1 is eeherwi authoriz d BY CHARTER,
STATUTE OR ORDINANCE, and which r qu1r
n ev1dentiary hearing to de ermin such
pp 1.
( 3) II ore th
" ap
of Ad)U8
It)'
-2-
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•
I •
(
-t 3t-
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• -
o+ the-l)epe~rten-e -o{ ·:Su·H:d·i~ -i~-
6£ ~~eR £eq~Q•~• for a Tarianee er
e~ee ~i oR from ~fle ~eF~& gf any er8 i Hafte e .
!4> Hearings before the Board of Career
Service Commissioners upon appeals f rom
discipli nary actions against employee s.
Ht-
!5> Hea r i ngs before the City Council or any
board OR c ommission or officia l respe cting
the i s s uance, suspension or revocation of
any l i c ense issued by the City, or the
i mposi tion of any asse~sments or penalty .
(6) Hearings before other Boards or Commissions
that meet the requirements of a quasi-
j ud icial hear i ng as established by the
Co l orado Supreme Court.
(b) Administrative Hea r ings. Al l other hear ing s
before an aamini~trative HEARING body shal l b e
deemed to be administ r ati v e h e arings the pu r -
pose of which is to obtain i nformati on to
enable Council to determi n e l eg islative p o licy
or to enable any board or c omm i s sion to make
r commendations to Council upon p roposed or
pending legislation . Such h ea r i n gs shall be
conducted in compliance with the p r ovisions of
S ctions 1-7-4, 1-7-5 and 1-7-6 , a n d in such
m nn r so s to nabl any pe r son desir~ng
to be he rd a reasonable opportu nity for he
pr s nt t~on of his vi ws, but the r e shall b
no requLrem n for compliance with the prov~s~ons
of S c 10n l-7-7 .
(c) THE UESTION OF WHETHER A HEARING IS ADM! IS-
TRATIVE OR UASI-JUDICIAL SHALL BE RAISED AT
TilE HEARING A D THE HEARING BODY SHALL R LE
TH Rt:O'l OR M.AY ADJOURN THE HEARING FOR LEGAL
A SISTA. 'C
1-7-4: c EN EME T OF PROCEEDINGS
c~ Y
r,
by
on ov r
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•
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•
•
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the appeal within a period of thirty (35) days from
the date of the decision being appealed, unless a
d if f erent time for appeal is set by the Charter,
S tatute or other ordinance involved .
1-7-5: REFERRAL TO ABH%N!S~RA~!YE HEARING BODY
Upon r eceipt by the clerk of any application ,
petition, notice of appeal, complai nt, or other
instrument initiating a hearing , the same shall be
referred to the ad~%~i~t rativ e HEARING body having
j urisdi ction over the matter, and a date, time and
place for hearing hereon shall be set by said
ad~i~i~tra tive HEARING body , which shall direct public
not ice thereof to be given , if otherwise required;
provided, however, that the ad~i"±~trative HEARING
body may au hor~ze i s clerk to set a date, time and
place for hear 1nq u~on rece~pt of such instrument
without the n cessi y for action by the ad~i"i~trative
HEARI NG body itself.
1-7-6: PUBLIC NOTICE
Publ~c not~c , if r qu~r d, of the date, time and
plac of th pu l~c heat~ng shall be given ~n the
mann r provtd d by h Charte r, Statute or ordinance
pursuan o whi ch s J.d h<..!arin 1s to be held. In the
abs nee of provJ.stons sp 1f~cally delineating he mann r
~n wh1ch pub ltc no ice is o b given, notice of th
d tc, tmc, pl c an purpo of he hearing o be held
shall te publish d once in th t newspaper des~gnated by
City Council as hl C~ty's offictal newspaper not less
than if een (15) day pr~o r o he date of satd hear-
In th" h ~ llc h aring is postpon d,
h 11 o h , tim and plac o
lh h n ostpon d, either by c ustng
sh , a bov provid d, or
h , tim nd pl ce a
Lh ring's pos pon
nd wh r th
1-7-7: A I-JUDICIAL HEARINGS
( )
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(l) ~ke aaMifti~eraeieft ef eaeks ee All parties
or witnesses who appear for the purpose of
testifying upon factual matters SHALL
TESTIFY UNDER OATH;
(2) The cross -examination, upon request of
the in erested parties, of all witnesses;
(3) The stenographic, or other verbatim, repro-
duction of all testimony pres ented in said
hearing; and
(4) WITHIN 35 DAYS AFTER A QUASI-JUDICIAL
HEARING, a wri en deci sion b y the hear-
ing body which shall set forth the
factual bases and reasons for the
dec ision rendered.
(b) Order of Proccdur . I ft aft AT quasi-Judicial
hear1ngs, a~ kere~ft ee~igftaeee7 the following
order of procedure shall be followed; HOWEVER
THE PROCEDURE MAY BE MODIFIED BY THE HEARING
BODY WHEN CIRCUMSTANCES REQU IRE THE ORDER TO BE
CHANGED·
(l) F1rst, hPre shall be presented those
docum n ~ show1ng he regularity of the
n n of he proceedings and the due
hP public notice given.
(2) NEXT, THE HEARING BODY SHALL RECEIVE STAFF
PRESENT TIO CONCERNING THE ISSUE BEFORE THE
BODY.
(3) appl1cant 'S ~kail presefte
lf
( 4 )
(5)
miON OF such material evidence,
he desires.
•
HEARING
ion o
ny person
sires to oppose
pp 1 or compl 1n
I • •
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(6) The applicant shall then be given an
opportunity to present any further matter
in opposition or rebuttal to the matters
presented by the opponents.
(7) All documents, or other items of physical
evidence, shall be marked as exhibits with
such identifying symbols as may be neces-
sary to determine the e xhibit referred to
by an y witness or other person.
(c) Rules of Evid e n ce . The aam~~~~~ra~ive HEARING
body shall not be required to observe any formal
rules of ev~d nee, but may consider any matter
which a major~ty thereof conclude is reasonably
reliable and calculated to aid the hearing body
in reaching an accurate determination of the
issues involved.
(d) Deliberations and No~iee o£ Beei~io~ VOTE. Each
aamini ~rative HEARING body is authorized to
deliberate upon the issues presented at the
hearing i n private, non-public sessions; pro-
vided th t no decision shall be effective except
upon a vote of the memb e rs of the hearing body,
conduc ted n n open session thereof.whieh ~hall
be d~ly reeorded ~n the m~n~~e~ of ~he aamin~~-
rat~ve body7 ll dee~~io n~ ~hall be in wr ~~~~~
and a eopy o the ~ame ~hall be delivered ~e ~he
appl~ ant and other inter e~ted par~ie~7 via
eert~f~ed ~a~ at the addre~~ ~et £or~h in the
appl~eat~on; p ~ ~on; complaint or no~iee of
a pea ; ~n ~ sa~d deeie~o n i~ to be embodied
n an or ~n nee wh~eh i~ p~bli hed by ~he pro-
the harter 7 or ~nless the €harter7
rd ~nder whieh the hearin~ i~
re notiee of the deeision
er n manner7
( ) THE PARTY Wll Pl'EALS A DECISION OF A HEARING
DY SH LL PAY FOR PREP RATION OF THE VERBATIM
RI: RD A D EXII BITS OF T HE HEARl G FROM WHICH
TH APPf:Al, 1. TAKE .
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contained within the Colorado Rules of Civil
Procedure. pre v ~ae a the act~en ~s cemmencea
not mere then ninety ~99~ eeys s~bse~~ent to
the date e£ se~e decis~en or w~th~n s~eh shorter
time as may be req~~red by the eharter; Stet~te
or ordinance ~neer wh~ch s~ch heerin~ was held~
~he cost e£ prep aret~en e£ the reeord e£ the
hearin~ shall be assessed a~einst appeal~n~
party in the event the deeisien appealed £rem
is a££irmed by the eenrt~
(g) In the event that s~eh ;~dieial review results
in a ;~dieiai deeiaratien setting aside or
reversing said decision, the members ef the
administrative body whieh rendered s~eh deeisien
CITY COUNCIL may take such steps as may be neces-
sary to obtain an appellate review of the same,
either through the institution of original pro-
ceedings or through appeal . ~n their own names7
in their respeetive eapaeit~es7 as members e£
the administrative body renderin~ the aeeisien~
She~ld any p arty net eemply with any deeisien
e£ any hearin~ bedy7 the members e£ the
admin~strative body involved, er the eity itsei£7
may, ~n sedition te any ether le~al remedies
wh ch may ex ·s ier cempellin~ eempl~anee there-
w~ h; pet~ ~en any ee~rt e£ competent ;nrisdictien
for the enter~ng e£ a t~dic~al decree eempellin~
complxance therew~th; p et~t~en any cenrt e£
compe ent ~r~sd~cti on fer the enterin~ e£ a
·ad %al decree compell~n~ eempliance with said
de · %On-:-
Introduced, r e a d in fu l l a n d pa ss ed on first reading on the 21st
day of Septemb r , 198 1 .
Published a s a Bill for an Ord1 nanc on the23rd day of Septemb r,
1981.
Read in ful l and pas d s mend d on the 5 h day of Oc o b r,
1981.
Publ ish d i n full as m nd d o n h 7th day of Oc tob r, 198 1 .
Read by ti l and pass d on f1n 1 r d i ng on h 19th d y of
Octob r, 1981.
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Published by title as Ordinance No. ~, Series of 1981,
on the 21st day of October, 1981.
Eugene L. Ot1s, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and comple te copy of the Ordinance
passed on final reading and published by title as Ordinance
No. ~8 , Series of 1981.
Gary R. Higbee
-8-
•
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,.
ORDINANCE NO. 6 t'
SERIES OF 198 _1 __ __
•
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BY AUTHORITY
7.B
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING T ITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL
CODE '69, AS AMENDED, RELA T ING TO RULES OF PROCEDURE BEFORE HEARING
BODIES OF THE CITY AND PROV ID ING FOR APPEAL THEREFROM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO :
Section 1. That Tile 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 bodi e s of the City and providing for
appeal therefrom be amended t o read as follows:
1-7-1: PURPOSE AND APPLICABILI TY
The purpose of the rule s of procedure contained herein
is to provide a u n i f o r m, cons i stent and expeditious method
of procedure f o r the conduct of all hearings held before
the City Coun ci l, or any b oard, co~~ission , or official
of the Ci ty. The provis 1 ons o f this chapter shall be
applie d u niformly in all such hearings; provided, however,
that any board , commission , or official may supplement the
provision s of this chapt r by the adoption of further rules
of procedu r e not inconsist n h erewith. All rules adopted
to suppl em n t h prov1sions of this chapter by any board,
offic1al sha ll e reduced to writing and
sh 11 b made a vailable to the public.
con in d sha l l be construed or interpreted
erson a r~qh to appeal to th City
y oard, commission, or official of th
rlng for h sam , unles s th
C1 y Ct1 r ny a p p l ica bl e Sta e s a u
or u h r1gh , h e sol p urpos
o bl1sh proc dural rule s for
he y h p rovi s i ons o f o ther 1 ws .
1-7-2:
( l
DF.FI ITIONS
•
s h 11 rn n th
commi ssion, or I •
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•
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(2) Cler k shal l me an the City Clerk or the
sec r e tary of any board or commission or
other appr opr i ate official.
(3) Applicant shall mean the petitioner,
appealing pa rty , or complainant.
(4) Oppone nt shall mean any person in
interes t op p osing the applicant.
(5) Aggrieved per son shall mean any person
h a ving a di r ect and substantial inte rest
in the outcome o f any quasi-judicial hear-
ing, or any pe rson having a right of
appeal therefrom b y virtue of any Ch a rte r
provision, State statute or ord i nance .
(b) Department Heads or authorized officials o f
the City, or the City i tself, may be appl ican t
or a respondent, or an aggrieved perso n as the
case may be.
1-7-3 : NATURE OF HEARINGS
( ) Quasi-Judicial Hearings . The p rovision s of
Sec ~on 1-7-7 hereof shall be app l icable only
0 thOSe hearings Where the aaMift i Serae~Ve
HEARING body is called upon to exercise a power
of judicial or quasi-judicial nature, which ,
for he purpose of this Chap t e r , shall be
de med to eeftsie eftly ef I NCLUDE, BUT NOT BE
LIMITED TO, the following:
(l)
(2)
;!
( J)
Hearings before €iey -€e~fte i l LIQUOR
LICENSING AUTHORITY upon application
for th issuance, or hearings for the
susp nsion or revocation , of liquor
or ferm n d malt beverage licens s;
HEARINGS BEFORE CITY COU NCIL upon ordinances
which Lon or re-zone realty; ORDINANCES
WHICH eft ft x a ~e ft AN NEX eraiftafteee PROPERTY
TO THE CITY OF ENGLE WOOD; and upon all
pp als rom h cision s of any City
off~clal , bo rd or comm ission, wher such
n pp al ~s eh rw~s au horized BY CHARTER,
STATUTE OR ORDINANCE, and which requires
n v~den i ry h ring to det rmi n such
ap l.
H , rings b
and App ls
-2-
or th
~eft eJ:'
•
I •
-f3t
•
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~ the-[)epftrt!1tent· -of -Bu-i-:l:d-:!:1'}9 -i-nspeet-t>~::
ef ~~eH £e~~es~s £or a varianee er
e~€e~ioR £rom ~fie ~eEm& o£ any er6~ftaftee.
(4) Hearings before the Board of Career
Service Commissioners upon appeals from
disciplinary actions against employees .
Ht
(5) Hearings before the City Council or any
board OR commission or official respecting
the is suance , suspension or revocation of
any licen se iss ued by the City, or the
imposition of any assessments or penalty.
(6) Hearings before other Boards or Commissions
that meet the requirements of a quasi-
j ud icial hearing as established by the
Colorado Supreme Court.
(b) Administrative Hearings. All other hearings
befor e n adminiseraeive HEARING body shall be
deemed to be administrati ve hearings the pur-
pose of which is to obtain information to
enable Co un ci l to determine legislative policy
or to enable any board or c ommission to make
r ecommendations to Council upon proposed o r
pendin g legislation . Such hearings shall be
onduct d in complia n ce with the provisions of
Sec ~ons 1-7-4, 1-7-5 and 1-7-6, and in such
a m nner so as to enable any person desiring
to be heard a reasonable opportunity for the
pres t t~on of his views, but there shall be
no r qu~remen for compliance with the provisions
o( S c 1on 1-7-7 .
(c) THE UESTION OF WH ET HER A HEARING IS ADMINIS-
TRATIVE OR UASI-JUDIC IAL SHALL BE RAISED AT
THE HEARING AND THE HEARING BODY SHALL RULE
THEREON OR MAY ADJOU RN THE HEARING FOR LEGAL
ASSISTAlCE.
1-7-4: CO~~E CE \ENT OF PROCEEDINGS
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the appeal within a period of thirty (35) days from
the date of the decision being appealed, unless a
diff erent time for appeal is set by the Charter ,
Statute or other ordinance invol ved.
1-7-5: REFERRAL TO ABHINIS~RA~IYE HEARING BODY
Upon r eceipt by the clerk of any appl ication,
peti ion, not1ce of appeal, complaint , or other
instrumen 1nitiating a hearing , the same shall be
referr ed to the ad~±n~~trat·ve HEARING body having
jurisd1ction over he matte r, and a date, time and
place for heari .g thereon shall be set by said
ad~in ~ ra ±ve H~ARJNG body, which shall direct public
notice hereof to be g1ven, if otherwise required;
prov1ded, however, h t h a ~±n~~ rat~ve HEARING
body may au hor ·z cl rk ~o se a date, tim and
place for he r 1p o such ins rument
without he n c 10n by the ed ~"~ rat ve
HEARING body i
1-7-6: p
1-7-7: ASl-JUDJCIAL HEARINGS
( ) I • •
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(1) ~ke ae~±~i~erae±e~ e£ eaek~ ee All parties
or witnesses who appear for the purpo se of
testifying upon factual matters SHALL
TESTIFY UNDER OATH ;
(2) The cross-examina tion, upon request of
he i n erested parties , of all witnesses;
(3) The s e noqraphic , or other verbatim, repro-
du ion of all testimony presented in said
hearing; and
(4) WITHI 35 DAYS AFT ER A QUASI-JUDICIAL
~ffiARING, a written deci sion by the hear-
ing body which shall set forth the
factu 1 bases and reasons for the
dccisLon rendered.
(b) Order of Pro·edur . %~ a ~ AT quasi-jud icial
he r~ngs, a~ h~~e~~ ees±~~at ee 7 the follow ing
orrler of proc Jure shall be followed; HOWEVER
THE PROCEDU E MAY BE MODIFIED BY THE HEARIN G
BODY WHEN CIR UMSTA NCES REQUIRE T HE ORDER TO BE
CHA~GED:
(1) shall be presen d those
(2)
( )
4 )
( )
show1ng he regularity of the
commenc· m n of he proceedi ngs and th due
he publ~c no ic qiv n.
•
G THE ISSUE BEFORE THE
hal l re .. el'l
er1al ev1 enc ,
HEARING
ion o I • •
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(6) The applicant shall then be given an
oppor unity to present any furth er 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 iden tifying symbols as may be neces-
sar y to determine the e xhibit referred to
by any witness o r other person.
(c) Rules of Evidence. The e~~n~s~re~~ve HEARING
body shall not be requi red to observe any formal
rules of evid nee, but may consider any matter
which a maJority thereof concl ude is reasonably
reliable and calculated to aid the hearing body
in reaching an accurate determination of the
issues involved.
(d) Delibera ions and No~iee er Bee~e±en VOTE. Each
a~in~s~rat~ve HEARING body is authoriz ed to
del1bcratc upon the issues presented at the
hearing in pr1vate , non -public sessions; pro-
V1ded that no decision shall be effective except
upon a vote of the members of the hearing body,
conducted in an open session thereof.whieh eke%%
be e~ y reeor ed ~n ~he ~~n~~ee o£ ~he ae~inie
tra~~ve bedy7 A%% eeeie~o ne eha%% be ~n wr ~t~n~
ane a eopy ef ~he ea~e eha%% be ee%±veree ~e ~he
app%~ean~ ane e~her inte res~ee par~~ee 7 v~a
eert~£ ee ma~% a~ ~he aeereee eet £erth ~n ~he
( l
-tet
(f)
a p%~eat~on 7 pe ~~~on7 e mp %ei n~ er ne~±ee e£
ap ea%7 n t e eaia aeeis~on ie te be emb ea~ea
n an ord~nanee whieh ie p~b%ie hea by the pre-
e£ h~ Eherter 7 or ~n%eee the eher~erT
te ~ rd±nenee ~naer whiek the heer±n~ ie
b~tn~ eond~et~d re~~~ree netiee e£ the aeeia~on
o b~ ~~v~n ~n a d~££erent manner~
'IIIE PA TY
DODY SHALL
RE ORO A l>
·r m: APPEAL
10 APPEALS A DECISION OF A HEARING
PAY FOR PREPARATIO N OF THE VERBATIM
XI!TBITS OF THE HEARING FROM WHICH
lS TAKE N.
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contained within the Colorado Rules of Civil
Procedure. provieee the action is eommeneee
not ~ere than ninety ~9et days s~bseq~ent to
the date of said decision or within s~eh shorter
time as ~ay be req~ired by the eharter; Stat~te
or ordinance ~nder whieh s~eh hearin~ was he%d~
~he eo~t of preparation of the record of the
hearin~ she%% be assessed against appealing
party in the event the decision appealed fro~
is af£i r~e d by the eo~rt~
(g) In the event that s~eh ;~dieiai review results
in a ;~dieiai deeiaration setting aside or
reversing said decision, the ~embers of the
aeministrati ve body which rendered s~eh decision
CITY COUNCIL may take such steps as may be neces-
sary to obtain an appellate review of the same,
e 1ther t hrough the institution of original pro-
ceedings o r through appeal. in their own na~es7
~n their respective eapaeities7 as ~e~ers of
the ad~~n~strati ve body renderin~ the deeision~ Sho~id any party not eo~p%y with any deeisien t
o£ any hea ring body; the ~e~bers of the
admin~str tive body invoived, or the e~ty itsei£7
~d Y7 ~n edd~t~on t o any other ie~ai re~edies
wh~eh ~ey ex~st ior eompeiiin~ eo~piianee there-
w~th ; p t~ ~on any eo~rt o£ eo~petent ;~risdietion
for the enter~ng o£ a ;~dieiai deeree eo~peiiin~
co m pi~an c there w ~th; petition any eo~rt e£
comp~tent ~r~sdietion £or the enterin~ o£ a
~d etai d eree eo~peii~ng co~piianee w~th said
de S 't On -:-
Introduced, read in full and passed on first read1ng on the 21st
day of Septemb r, 1 81 .
Published as a 111 or an Ord1n n c on the23rd day of Septemb r,
1981.
Read in f ull and pass d a. mended on t h e 5th day of Oc tobe r,
1981.
Publish e d i n full s men d o n h
Read by itl
Octob r, 1981.
nd p ss d on final r
-7-
7 h d y of Oc tobe r, 1981.
di n g on h 19th day of
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Published by title as Ordinance No. ~$, Series of 1981,
on the 21st day of October , 1981.
Eugene L. Ot1s, Mayor
Attest:
I, Gary R. H1gbee, ex officio City Clerk-Treasurer of the
City of Engl ewood, Colorado, hereby certify that the above and
foregoing is a tru , accurate and complete copy of the Ordinance
passed on final readinq and publ1shed by title as Ordinance
No. 6g , Series of 1981.
Gary R. H1gbee
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ORDINANCE NO.
SERIES OF 198_1 __
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 80
INTRODU~Y COUNCIL
MEMBER .L£_._
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONT ROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
WHEREAS, on September 5, 1978, by Ordinance No. 20, Series
of 1978, City Council approved an agreement between the Cities
of Englewood, Colorado, and Littleton, Colorado, and Urban
Drainage and Flood Control District concerning the replacement
of Lehow Bridge across Big Dry Creek; and
WHEREAS, said Lehow Bridge has been replaced with a total
cost, including design and construction, of $246,420.69; and
WHEREAS, Federal funds available for the project under the
Safer Off Systems Roads Program are $166,500 leaving $79,420.69
of total pro ject costs to be shared by Englewood (25%), Littleton
(25%), and Urban Drainage and Flood Control District (SO%), and
which sum exceeds the original agreement by $21,420.69.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Amendment I to Agreem nt Concerning Replacement
of Lehow Bridge Across Big Dry Creek, a copy of which is attached
hereto and incorporated herein by reference , is hereby adopted
and made a part of Agreement o. 78-5 .1 dated October 2, 1978
between the Cities of Englewood and Littleton, Colorado, and Urban
Drainage and Flood Control Distric .
Section 2. The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the Ci y of Englewood to subscribe
h~s n m to s ~d Am ndment to Agree nt on nd in behalf of he
City Council and the C~ty of Englewood , Colorado , and the Director
of Finance ex officio City Clerk-Treasurer att est the same.
Introduced, re d in full, nd passed on first reading on the
19th day of October, 1981.
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Published as a Bill for an Ordinance on the 21st day of
October, 1981.
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
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 19th day of October, 1981.
Gary R. H~gbee
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/I~ILNUt~ENT I TO /IGHEEMENT
CO NCERN ING RE PLA CE MENT OF LEIIOW lliOUGE
ACROSS BIG DRY CREEK
Agreement No. 78 -5. lA
THIS AGREEMEN T, AMENDING AG RE EMENT NO . 78-5 .1, dated October 2 , 1978, n~de
thi s _______ day of _________ , 1981, by and between the
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), the
CIT Y OF ENGLEWOOD (hereinafter called "ENGLEWOOD"), and the CITY OF LITTLETON
(hereinafter called "LITTL ETO N");
WITNESSETH :
WHEREAS, DISTRICT, in a po licy statement previously adopted (Resolution
No . 14, Series of 1970), expressed an intent to assist public bodies which have
heretofore enacted floodp l a i n zoning measures; and
WHEREAS, a dra inage master plan entitled, "Major Drainageway Master Plan -
Big Dry Creek," by VTN, Consulting Engineers, dated June 1975 has been completed
in cooperation wi th Englewood, Littleton, Greenwood Vi llage, Arapahoe County,
and Douglas County; and
WHEREAS, DISTRICT has adopted, subseq uent to a public hearing, a Five-Year
Cap i ta l Improvement Program (Resolution No. 38 , Series of 1977) for drainage
and flood wnlrol fu~lllltc'> tn whtdt the ~ou,l rudtou of uri<Jyc illll'ro vt•u•·uL'>
at the Lehow Street crossing of Big Dry Creek is included i n Calendar Year
1979; and
WHEREAS, $166,500 of Federal f und s became available for the proJect under
the Safer Off Systems Roads Program; and
WHEREA S, total project costs, tncluding design and const ru ction, is
$246,4 20.69, leaving $79 ,420.69 to be shared by DISTRICT , ENGLEWOOD, and LITTLE-
TON; and
WHEREAS, this $79,420.69 exceeds the ortgtnal authorized amount by $21,420.69
(Agr nt No. 78-S.l);
NOW, THEREFORE, in consideratton of the mutual promises contained heretn,
the Parties agree as follows :
1. Amend Paragraph 3 by deleting tn tts entir ty and substituting:
"ENGLr OD, DISTRICT, and LITTLeTON will share the $79,420.69 costs
wtth th r tning $166,!>00.00 patd by th F deral Atd Fund through
the Colorado SlHI: ·P•• •ttt of llt<JI"<IY\ lliTLllON. (N l( 000 ~nd
DISTRICT "'11 snare in th $79,4 0.69 proJect costs on t foll ing
basis :
OIST ItT
LIITLlT
[N ( 0
SOl
2!tS
25S
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The totdl cost is $246,420.69 . On this basis , the lllilx imum co>ts to
parties of this agreeme nt are as follows :
DISTRICT
LITTLETON
ENGLEWOOD
50 ~
2 5 ~
2 5~
$39,710.34
$19,855 .17
$19,855.17
The maximum costs to each party as s et forth above shall not be
exce eded wi thout amendment to this Agreement.
2 . All other terms and condition s of Agreement No . 78-5.1 dated Octobe r
2, 1978 shall rema i n in full force and effect.
WHEREFORE, the Parties he re to have ca used this instrument to be executed
by properly authori zed signatures as of the date and year above wr i tten .
(SEAL)
ATTEST :
(SEAL)
ATTEST :
(SEAL)
ATTEST:
THE URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By _____________________ __
Title. __________ _
Date ____________ __
THE CITY OF ENGLEWOOD , COLORADO
BY·---------------------
T1tle ___________ _
Date, ______________ _
THE CITY OF LITTLETO N, COLORADO
By _____________________ _
Title. _____________ _
One _______________ __
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ORDINANCE NO.
SERIES OF 198_1 __
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER 'lf'' atA.,,
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, CITY OF LITTLETON , COLORADO, AND THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE-
MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK.
WHEREAS, on September 5, 1978, by Ordinance No . 20, Series
of 1978, City Council approved an agreement between the Cities
of Englewood, Colorado, and Littleton , Colorado, and Urban
Drainage and Flood Control District concerning the replacement
of Lehow Bridge across Big Dry Creek; and
WHEREAS, said Lehow Bridge has been replaced with a total
cost, including design and construction, of $246,420.69; and
WHEREAS, Federal funds available for the project under the
Safer Off Systems Roads Program are $166 ,500 leaving $79,420.69
of total project costs to b e shared by Englewood (25\), Littleton
(25\), and Urban Drainage and Flood Control District (SO\), and
which sum exceeds the original agreement by $21,420.69.
NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. Th at Arnendmen I to Agreement Concern i ng Replace m n
of Lehow Bridge Across Big Dry Creek , a copy of which is at ta ched
hereto and incorporat d here~n by reference, is here by adopted
and made a part of Agreem nt o. 78 -5.1 dated October 2, 1978
between the Cities of Englewood and Litt leto n, Colorado, and Urb n
Drainage and Flood Con rol Distric •
Section 2. Th City Council of the City of Englewood , Color do,
hereby authoriz s th Mayor o the City of Englewood to subscribe
his name to said Am nd en o Agree nt on nd in b h lf of the
C1ty Council and he City of Engl wood, Color do, and the Direc or
of Finance ex officio City 1 r -Trc surer ttes he m .
Introduced, r d in ull, nd pass d on first r ading on th
19th d y of Octob r, 1 81.
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Published as a Bill for an Ordinance on the 21st day of
October, 1981.
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
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 19th day of October, 1981.
Gary R. Higbee
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I\~11:N lli1E N T I TO 1\GRll MENT
CONCERNING REPLACE MENT OF LEII0\1 131U UGE
ACROSS 13 1G DRY CR EEK
Agreement No . 78-5. lA
THIS AGREE MENT, AMENDING AGREE MENT NO. 78-5 .1, dated October 2 , 1978, n~de
th is _______ day of _________ , 1981, by and between t he
URBAN DRAINAGE AN D FLOOD CON TRO L DIST RICT (hereinafter called "DISTRICT"), t he
CITY OF ENGLEWOO D (here inafter ca lled "ENGLEWOOD"). and the CITY OF LITTL ET ON
(hereinafter cal l ed "LIT TLETO N");
WITNESSETH :
WHEREAS, DISTRI CT, in a policy sta tement prev i ously adopted (Re s olution
No . 14, Series of 1970 ), exp re ssed an intent to assist public bodies which have
heretofore enacted fl oo dpl ain zoning me as ure s; and
WHEREAS, a dra i nage ma s ter pl an entitled, "Major Orainageway Master Plan -
8ig Dry Creek," by VTH, Con s ult i ng Engi neers , dated June 1g75 has been completed
in cooperation with En glewood, Littleton, Greenwood Village, Arapahoe County,
and Douglas County; and
WHEREAS, DI ST RI CT has adopted, subsequ ent to a publ i c hearing, a Five-Year
Cap i tal Improve men t Program (Resolut1on No. 38 , Seri e s of 1977) for dra i nage
a nd flOOd con trol fo!.ollliC~ 111 Wlildl llic LOI"lr uc;l iOII of urHJ \)C ionprU V l"IIK•fl l~
at the Lehow Street c ro ssi ng of Big Dry Creek 1s included i n Calendar Year
1g7g; and
WHEREAS, $166 ,500 of Federal funds became ava i lable for the proj ect un de r
the Safer Off Systems Roads Program, and
WHERE AS, to t al proJeCt costs, 1ncludi ng design ao d con s truc t i on , is
$246,4 20.69 , leav1ng S7g,420.69 to be shared by DISTRICT , EN GLEWOOD, and LITTLE-
TON ; and
WHEREAS, thi~ $79,420.69 e•'t ds th or1g1nal authorized amount by $21,4<0.69
(Agree nt No. 78-S.I);
, THEREFO~E. in consi~rat1on of th tual pro11ises cont41ned here1n,
t~>e P1rt1es agree u follows :
1. nd Paragraph 3 by d 1et1ng in 1t~ entir ty and substitut1ng:
"ENGLE 00, DISTRICT, aod LITTLETON w1ll share the $79,420.69 costs
with th re 1n1ng S166,SOO 00 pa1d by th federal A1d rund through
lh Colorado ~Uti! Ol:par\.I•O'nl oi Hl~li""ys . Lllllll , [NGI I 000 ~nd
DISTRICT w111 share in the S79,420.69 proJect costs on the foil 109
bash :
Ol)l ll.T
llll tT
50S
2SS
2~S
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The totol cost is ~2 46,420 .69. On this oasis , t11e llluXiiiiUIII co ~ts to
parties o f this agreement are as follows :
DISTRICT
LITTLETON
ENGLEWOOD
so~
25~
25~
$39,710 .34
$19,855.17
$19,855.17
The maximum costs to each party as set forth above shall not be
exceeded without amendment to this Agreement.
2 . All other tenns and conditions of Agreement No. 78-5.1 dated October
2, 1978 shall remain in full force and effect.
WHEREFORE, the Part ies hereto have caused this instrument to be executed
by properly authorized signatures as of the date and year above written.
(SEAL)
ATTEST :
(SEAL)
ATTEST :
(SEAL)
ATTEST :
THE URB AN CRAINAGE AND
FLOOD CONTROL DISTRICT
BY·------------------------
Title ____________________ ___
Date, ____________________ _
THE CITY OF ENGLEWOOD, COLORADO
By ______________________ __
Title. ______________________ _
Date. _____________________ __
THE CITY OF LITTLETON, COLORADO
By ______________________ __
Title _________________ ___
O•te. ______________________ ___
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ORDINANCE NO.~----
SERIES OF 1981
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 82
INTRODUCE~B~OUNCIL
MEMBER.~'-2S~~~~ar------
AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, OF THE
ENGLEWOOD MUNICIPAL CODE '69, BY ADDING A PROVISION REQUIRING
A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-
BUSINESS SALE."
WHEREAS, the City of Englewood deems it necessary to require
a deposit from businesses wh ich are defined in Title IX, Chapter 6,
Section 31, for guaranteed receipt of final sales tax payment
which results from the end-of-business sale; and
WHEREAS, the purpose of this deposit is to insure the payment
of the Englewood 3% sales tax required by Title XIII, Chapter 4,
Section 2, and Title XIII, Ch apter 4, Section 3, of this Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the following language be added to Title IX,
Chapter 6, Sect ion 35:
THE APPLICANT SHALL ALSO DEPOSIT WITH THE LICENSING
OFFICER AN AMO UNT EQUAL TO 3% OF THE RETAIL VALUE OF THE
GOODS TO BE SOLD DUR ING THE FIRST WEEK OF THE SALE. THE
LICENSING OFFICER SHALL ESTABLISH THE DEPOSIT BASED UPON
PRIOR SALES TA X REPORTS FILED WITH THE LICENSING OFFICER
BY THE APP LICANT . AFTER THE FIRST WEEK OF SALE AND PRIOR
TO ANY SUBSEQUENT WEEK OF THE SALE, THE APPLICANT SHALL
DEPOSIT WI TH THE LICENSING OFFICER AN AMOUN T EQUAL TO 3%
OF THE RETAIL VALUE OF THE GOODS SOLD IN THE PRIOR WEEK
OF THE SALE. THE DEPOSIT MAY BE IN THE FORM OF CAS H OR
A BOND ACCEPTABLE TO THE LICENSING OFFICER . T HE RECORDS
AND TRANSACTIONS OF THE APPLICANT SHALL BE SUBJECT TO
WEEKLY REVIEW BY THE LICENSING OFFICER DURING THE PERIOD
OF THE SALE. LICENSEES FAILING TO COMPLY WITH THE SALES
TAX FILING AND PAYMENT PROVISIONS OF TITLE XIII OF THIS
CODE SHALL FORFEIT THEIR DEPOSIT AND THE LICENSING
OFFICER SHALL PURSUE THE PROPER COLLECTION OF ALL AMOUNTS
PROPERLY DUE TO THE CITY UNDER TITLE XIII OF THIS CODE .
In roduccd, r d in full and pass d on irs re d ing on the
1 h d y of Oc ob r, 1981.
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Published as a Bill for an Ordinance on the 21st 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 19th day of October, 1981.
Gary R. H~gbee
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 198_1 __ __
A BILL FOR
7 F
COUNCIL BI LL NO. 74
INTRODUCED BY COUNCIL
MEMBER.~N~E=A~L~--------
AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMOVA L FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN , BEAUTIFUL AND HEALTHY
CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR.
WHEREAS, it is necessary to provide procedures for the
removal of litter, we eds and derelict vehicles in order to
maintain the City free from such debris; and
WHEREAS, it is appropriate to provide a common procedure
for the control and removal of suc h items in order to aid the
ease of administration o f the 1 ws o f the City of Englewood; and
WHEREAS, the nactment of an ordinance on this subject will
contribute to the health, sa fe y a nd w lfare of the citizens of
the City of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EN GLE WO OD , COLORADO:
Section 1. That Chapter s 3, 5 nd 7, Title VI, of the 1969
rev~sed Englewood Muni c ipal Code ar hereby repealed and a new
Chapter 5, Titl VI, ~s added s fo llows:
T I TLE 6
CHI\PTER 5
LI TTER , WEEDS, DERELICT VEHI CLES
A D H BY EIIICLES
6-5-1:
As us d i n thta Ar
( ) "Bu in
whi c h is u
m r c h nd1s
wh1 ch is g
bUSln S S.
(b)
DF.FI 'lTIONS
con x oth rwise requires:
r y such a ft s or
sale or leas of
o r i nterests in land nd
a r t il or whol s le
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(c) "Derelict vehicle" shall mean any vehicle, the owner of
wh ich cannot readily be found, not capable of being
legally operated on the public streets under the motor
vehicle laws of the State of Colorado. It shall include
all vehicles missing wheels, missi n g or broken windo ws
and/or windshield. It shall not include those vehicles
who se only deficiency is lack of a current license plate
or safety sticker and those vehicles in process of or
tha t have been modified as hobby type v ehic le s .
(d) "Garba ge" is putrescible animal and vegetable wastes
r esulting from the handling, preparation, cooking and
consump ion of food .
(e) "Hob by type vehicle" is any veh ic le of the following
type in the process of being built , restored or main-
tained as a diversion from one 's regular occupation for
the purpose of relaxation (aircraft , boats, classic cars ,
experimental cars, off-road vehicles, race cars, and
derelict vehicles).
(f) "Lit ter" is "garbage,""re us ," and "rubb ish,"
here in, and all other waste material which, if
depos ited as herein prohibited, tends to crea
to public health, safe y and welf re.
s defined
thrown o r
a dange r
(g) "N oncomm rcial handbill " is any printed or reproduced
pam hl t, leaflet, or s '.milar device or sample, or any
other printed or otherwise reproduced original or cop1es
of any matter of similar ype litera ur not included
in he a ores id d finition of comm rc1al handbill; or
any of he foregoing which sets for h a polit1cal or
ideologic 1 mess g .
(h) "Own r" sh 11 include he record owner, wh her p rson,
firm or corporat1on , any a en · orr pr sen ative of the
r cord own
(i) or s ny dw lling, hous , bu1ldin
gn d or us d, 1 h r wholly or
h
in
blt d
(j) ny and all str e s,
h publ1c ways nd
s, nd buildings
Engl wood for h
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main-
e th
nd
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(k) "Rubbish" is nonputrescible waste consisting of both
combustible and noncombustible wa stes , such as paper,
wrappings, cigarettes, c ardboard, tin cans, yard clip-
pings, leaves, branches, wood, waste building materials,
glass, bedding, crockery, household furnishings and
similar materials.
(1) "Refuse" is all putrescible or nonputrescible waste
including garbage , rubbish, ashes , street cleaning ,
dead animals, o ffal , droppings, abandoned appliances,
and v e hicle parts.
(m) "Trash container" is a closable container of metal, wood,
or plasti c .
(n) "Weed" shall mean weeds , grass , brush , or other rank or
noxious vegetat ion which is in excess of six (6) inches
in height and shall specifica lly include: Bindweed
(Convolvulus ), Leafy Spruce (Euphorbia Esula), Canada
Thistle (Circium Arvense), Russian Knapweed (Centaurea
Pieris), Perenn ial Sow thist le (Sonchus Arvense), Puncture
Vine (Tribuius Te rrestris), Silver Leaf Pove rty Weed
(Franseria Discolo r) , Mousseea r Poverty Weed (Thias pi
Arvense), Mustards (Brassiea ), Purple-flowered Groundcherry
(Quincula Lobata), Russia n Thistle (Salsola Pestifer),
Fireweed (Kochia Scoparia) , Redroot Pigweed (Amaranthus
Retrofle xu s), Sandbur (Cenc hrus Tribuloides), Hairy
Stickweed (Lappula Occid ntalis), Buffaloburs (Solanum
Restva urn) , Common Ragweed Ambrosia Elatiov) , Cocklebur
(Xanthium Commur ie), Commo n Sunflowe r (Hel ianthus
Centicularis), Dand lion (Leonthodore Tavazacum), or
o h r plan or off nding vegetation which is regarded as
a common nu1s nee . This list ~s not intended to be
xclusive , bu rather is in e nded to be indicativ of
typ s of pl nts wh~ch ar considered noxious and
r1m nt to the public health and safety but shall
ud flow r gardens, plo s o shr ubbe r y , vegetable
nd small grain plo s (wh ea , barley, oats, and
-5-2: DECLARATIO.
It h1s ch p er to set forth laws wh ich
an living, b u y, he lth and w 11-being
C1ty of Enql wood by prohibiting ccumula-
ds , or unsightly vehicl s within the City .
o who his ch pt r ppli s sh 11 be responsibl for
h ir pr m1.s fr of he prohibitions from the cen r
bu 1.ng heir prop r y t o he tr vel d por ion of th
s.
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ANTI-LITTERING PROVISIONS
6-5-3: LITTER -GENERAL PROHIBITION
No person shall throw, place, or deposit litter in or upon
any public place within the City except in trash containers.
6-5-4: LITTER ON PUBLIC PROPERTY
No person shall throw or deposit any litter on any
public street, in any publ ic park, or in any public building
within the City except in trash containers.
No person shall throw or deposit any litter in any
fountain, lake, bay, stream or other body of water within the
City.
No person shall affix any poster, notice, or like device
to attract public attention, to any lamp post, public utility
post, traffic control devi ce, t ree, public structure or building
except as may be authorized by law.
6-5-5: LITTER ON PRIVATE PROPERTY
The owner or occupant of private property shall cause
the removal of all a ccumulated articles of litter and place said
litter in a trash c on t ain e r. Lit te r shall be taken to an authorized
site for disposal.
The own e r or occupant of p riva t e premi s e s within the
City shall mai ntai n said prem~ses free of li tte r and pro vide
trash conta i ner s therefor .
No p rson shall throw or deposi litter on a n y o ccup ied
o r vacant priva e property within he Ci y.
6-5-6 : LITTER ON BUSINESS PROPERTY
Th owner or 1 ssee of busin ss property is uthorized and
required o provid trash con ainers a conv ni n places for he
d p o sit of li ter by business p trons. The o wner or occupant of
bu s~ness property m y requir th all litt r deposited in his
premises , sidewalk or common rea be pl c d in trash cont i n ers
he ha s provided.
is r equir d to k p
b u sin ess or his
lkway or mall . No p rson o wning
hall sw p into or d posi in ny
accumul tion of li r rom
o bus~n a
11 in o r
upon his bu
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o f
c om-
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6-5-7: LITTER FROM VEHICLES
No driver or passenger in an automobile , motorcycle, bicycle,
aircraft, or other vehicle, shall throw, place or deposit litter
upon the public streets, other public place, or private property.
No person shall drive any truck or like vehicle in the city
unless its contents are covered or loaded to prevent them from
being scattered or if the wheels or tires carry any mud, dirt,
sticky substance or like matte r into a public street, alley, or
other public place.
6-5-8: DISTRIBUTION OF HANDBILLS
No person shall distribute or sell any commercial or non-
commercial handbill, advertisement, or similar literature in or
upon a street, sidewalk, parking lot, or other public place within
the City; provided, however, a person may distribute free to the
receiver a noncommerc ial handbill to a person willing to accept it.
No person shall distribute any handbill or similar literature
upon inhabited private premises except by placing said items in a
manner as to prevent them from being blown or drifted about the
premises. Mail boxes may not be used when prohibited by Federal
regulations. No person shall distribute any handbill or similar
literature to temporarily or continuously vacant premises.
No person shall d1stribute any handbill upon private premises
if requested not to do so by any pe rson there or by a sign bearing
the words "No Trespassing," No Advertisements," "No Agents ," or
similar lan guag .
Th provi ions of h1s sec ion shall not apply to the prop r
distr ib ut ion of mail by the Un1ted States or to delivery of n ws-
papers wh ich are legal publ1ca ions, p rovided tha newspap r~ shall
b placed on property o preven th ir being carried away by he
ele nts.
-S-9: LITTER PLACEME T 1 TRASH CONTAINERS
Persons shall plac li
i rom being carried or
r sh con
by he el
rs o pr v n
upon public or
private prop rty.
P rsons sh r sh contain rs on
lley, sid w lk or oth r horouqhfar only on
pick-up or call ction ys and only in mann r no
v ehicular or p d s ri n ra fie.
No p rson sh 11 hrow or d posit
cont in r of ny o h r p rson withou
impli d cons nt.
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li r with.1n
p rson's xpr
d
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6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES
All litter collected by any person shall be taken to a site
authorized for litter disposal or be placed on regular trash
collection days for collection by trash haulers licensed by the
City of Englewood.
No person shall engage in the business of removing or
hauling litter in the City without first obtaining a license.
A nontransferabl e license shall be issued upon the annual payment
of $5 per vehicl e.
6-5-11 through 6-5-19 RESERVED
ANTI-WEED PROVISIONS
6-5-20: CUTTING AND REMOVING WEEDS
Every owner or occupant of realty shall cause to be cut all
weeds exceeding six (6) inches in height growing there. The weeds
shall be removed to some site authorized for the disposal of litter.
6-5-21: PUBLISHED NOTICE TO REMOVE WEEDS
When the Ci y Manager d etermines it may be necessary, the
Director of Finance shall cause to be published 1n a newspaper of
general circulation in the City d notice which shall be sub-
stantially in the following form:
TO ALL OWNERS AND OCCUPANTS OF LAND
WITHIN THE CITY OF E GLE WOOD:
Notic e is hereby given that all weeds within the City
of Engl ewood mus b cu down, des royed and removed on
or before the (da e to be 1nser ed by the Director of
Finance --no less than five (5) days ft r the da e
of public 10n) o h1s y r.
•
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•
•
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Parties failing to comply with this notice may be
subject to a fine or to imprisonment not exceeding
ninety (90) days, or to both such fine and imprison-
ment as imposed by Title I, Chapter 2, of the
1969 Englewood Mun icipal Code, as am ended .
This notice is given in compliance with Section
6-5-21 of the Englewood Mun icipal Code.
6-5-22 through 6-5-29 RESERVED
6-5-30:
ANTI-DERELICT VE HICLE PROVISIONS
VEHICLES IN RESIDENTIAL ZONES
No person who lives in a residentially zoned district shall
keep a hobby or derelict vehicle, under construction or not, un-
less it is stored in a fully enclosed garage or similar structure.
A person may store the vehicle in a carport or open area if he
keeps the vehicle and its parts covered with a canvas or other
opaque covering. Storage or covering is not required when the
vehicle is actually being worked on.
No person shall b u ild , store, or maintain more than one
derelict or hobby vehi c l e outside a fully enclosed garage at each
residence in the City.
No person sha l l store or work on any hobby or derelict vehicle
within his residence required front yard or any adjacent rights
of way.
6-5-31: VEHICLES IN BUSINESS ZONES
No person shall keep a hobby or derelict vehicle in a business
zoned district unless i is s ored in a fully enclosed structure
or behind the principal structure in an area screened from view
of adjacent prop rties and public rights of way.
No person who principally us s a
business zones sh 11 keep more than on
on the property.
r sidence proper y in
hobby or derelict vehicle
6-5-32 through 6-5-39 RESERVED
PROCEDURAL PROVISIONS
6-5-40: VIOLATIONS: NOTICE -COST ASSESSMENT-REMEDIES
Wh n ver .t
or v hicles xis
is found
within
h t w ds, ccumul ions o
he City in viol ion of hi
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li
ch p
r,
r,
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I ,_.
the ci rv Manager or his designee shall have posted upon the realty
or veh ;c le an appropriate notice in substantially the following
form:
TO THE OWNERS AND/OR OCCUPANTS
OF THIS PROPERTY:
NOTICE
There exists upon his property (weeds) (and/or litter)
(and/or derelict and/or hobby vehicles) which have not
been (removed) (dispo sed of) or (attended to) in accord-
ance with Title VI, Chapter 5 , of the 1969 Englewood
Municipal Code.
Notice is further given that unless the same are
(removed) (and disposed of) (or attended to) within
five (5) days from (date of posting of notice), the
City of Englewood may c ause the same to be (removed)
(and disposed of) (or attended t o) in compliance with
said chapter, i n wh ich eve nt the owners and occupants
of this realty or vehicle owner ma y be l iable for all
costs, expenses and pena lties as set forth in Title
VI, Chapter 5, of the Mun icipal Code of the City of
Englewood, i ncluding the assessment of a property
lien for the costs incurred .
6-5-41: FAILURE TO CO MP LY WITH NOTICES
If any owner or occupant of r 1 property or vehicle o wn er
fails to comply wi h no ic given pursuan to this chapter
with in the time specified, he City Manager or his designe es are
authorized to c us th ac ion required by ordinance to which
such not ice had ref renee. All costs incurred by the City plus
an adm i n istrative cos of Tw nty-fiv percent (25 ) of the direct
costs shall b char cd aga i ns h~ r al proper y and its owners
or the vehicl owners.
6-5-42:
chap
TWn
If
NOT ICE OF COSTS
c ion required by this
d for he entire cost plus
costs , and be mailed
d, o the vehicl
•
rue ions h s id
hin hir y (30)
lso inform h I •
•
•
• ..
property owner that the failure to pay the statement for costs
for litter or weed removal within sixty (60) days shall result
in an assessment b e ing made against the property which shall
constitute a lien pursuant to Title VI, Chapter 5, of the Municipal
Code of the City of Englewood.
6-5-43: ASSESSMENT
If the full amount of the statement relating to weed or
litter removal from realty is not paid within sixty (60) days,
the City Manager shall d irect the Director of Finance to asse ss
the entire amount of the statement plus an additional Fifteen
percent (15%) penalty against the specified realty. After assess-
ment by the Direc tor o f Finance, a copy shall be sent to each owner
of record of the ass essed realty. The assessment shall contain a
legal descript ion of the premises, the expenses and costs incurred ,
and the date for litter or we ed removal, and a notice that the
City claims a l ien for this amount. The Director of Finance shall
certify such assessment to the County Treasurer who shall col lect
such ass essment in the same manner as ad valorem taxes are collected .
6-5-44: ASSESS MEN TS A LIEN
From the date of the assessing statement , all assessments
shall constitute a perpetual lien aga inst t he specifie d realty
and shall have priority over all liens e xcepting general tax liens
and prior special assessments. No delays, mistakes, errors or
irregularit ies in any ac or proceeding authorized h e r ein shall
prejudice or invalidate any final assessment; but the same may be
remed ied by the Director of Finance , as the case may require,
upon applic tion made by the property owner or o her interested
person. When so r medied, the same shall take effec as of the
date of th origin 1 assessment by he Director of Finance.
6-5-45:
6-5-46:
Any
tu J
1on of
APPEALS
prop rty owner or occupant may appeal ,
within five (5) days of his
OTH
cos s, or assessm n . The appe 1
n m and addr ss, he d cision b ing
ion why the appellant should no b
document appealed . The City M nag
s
h the appellant to exch
d cision in writ ing o
PP al.
plus 11 cos s nd p n lti s shall cons i-
y. Th Ci y A orn y shall, a th dir c-
r, in 1 u civil sui in th n m of h
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City t o recover such char ges , c osts and penalties. Th i s remedy
shall be c umu lative with a ll o ther remedies, including prosecu-
tion in Munici pal Cour t for e ach v i olation of this chapte r .pursuant
to the prov i s ions and penalti es established by Title I, Chapter 2 ,
of the '69 E.M.C .
Section 2. Severab i li t y. If any section, subsection, sentence,
clause, phrase, or por tion of this Ordinance is for any reason
held i nva l id or un c onst i tutional by a court of competent juris-
diction, such portion shall be deemed a separate, distinct, and
independent provision and the holding shall not affect the
validity of the remaining portions of the Ordinance.
Introduced, read in full, and passed on first reading on
the f'ltJ.. day of (!)~, 1 981.
Published as a Bill f or a n Ordinance on the G?/~ day of
(]~,1 981.
Eugene L. Ot1s, Mayor
Attest:
ex o ff1cio city Clerk-Tr easur r
I , Gary R. Higbe , x officio City Cle r k-Treasurer of the
City of Englewood, Colorado, hereby cer ify that the above and
foregoing is a ru , accurate nd comple e copy of a Bill for
an Ordinance, 1ntroduc d, re d in full, nd passed on first
reading on he /'/~ day of 0 ~ 1981.
Gary R . Higbee
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BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 74
INTRODUCED BY COUNCIL
MEMBER.~N~E~A~L~--------
SERIES OF 1 98 _1 __ __
A BILL FOR
AN ORDINAN CE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE
UPON AND NEED REMO VAL FROM REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD IN ORDER TO MAI NTAIN A CLEAN , BEAUTIFUL AND HEAL THY
CITY, AND PROVIDIN G STANDA RDS, PROCEDURE S AND REMEDIES THEREFOR.
WHEREA S, it is necessary to provide p roce dures for the
removal of litter, weeds and derelict vehi cles in order to
maintain the City free from suc h debris ; and
WHEREAS, it is appropriate to provide a common procedure
for the control and removal of such items in order to aid the
ease of administration of the laws o f the City of Englewood; and
WHEREAS, the enactmen t of an ordinance on this subject will
contribute to the health, safety and welfare of the citizens of
the City of Engle wo od.
NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWO OD , COLORADO:
Section 1 . Th t Ch ap t ers 3, 5 and 7 , Title VI, of the 1969
rev1sed Englewood Mu n1c i pa l Code ar hereby repealed and a new
Chapter 5, Titl VI, is a d ded as fo llows:
6-5-1:
TITLE 6
CHAPTER 5
LI TER , l<ll:EnS, DERELICT VEHICLES
• D HOBBY VEHICLES
DEF I ITIONS
As us d in i c le , unl ss t h e c ontext otherwise r e quires:
(a)
(b)
prop r y " is r a l p rope rty such as a s t ore
which is u~ d princ1pally for h sale or lease of
me r c h andis , good , s rvices , o r interests in 1 nd and
wh ich n r lly r ~o nized as a re ail or wholesale
bU S 1 n S
omm rc1
or r produc d
or s mpl which
produc , commodity,
o or dv rt i ses
r 1c 1 p rfo rmance, exhibi ion, or
for which n dmission f is ch rq d
q i n or profi ; o r wh i ch propo s
r ns ct1o n.
•
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•
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(c) "Derelict vehicle" shall mean any vehicle, the owner of
which cannot readily be found, not capable of being
legally operated on the public streets under the motor
vehicle laws of the State of Colorado. It shall include
all vehicles missing wheels, missing or broken windows
and/or windshi e ld. It shall not include those vehicles
whose only deficiency is lack of a current license plate
or safety sticker and those vehicles in process of or
that have been modified as hobby type vehicles.
(d) "Garba ge" is putrescible animal and vegetable wastes
result ing from the handling, preparation, cooking and
consumption of food .
(e) "Hobby type vehicle" is any vehicle of the following
type in the process of being built, restored or main-
tained as a dive rsion from one's regular occupation for
the purpos e of relaxation (aircraft, boats, classic cars,
experimental cars , off-road vehicles, race cars, and
derelict vehicles).
(f) "Litter" is "garbage,""refuse," a nd "rubbish," as defined
here in , and all othe r waste material which, if thrown or
depos ited as herein p rohibited, tends to create a danger
to public health, s afety and welfare.
(g) "Noncomm rcial handbill " is any printed or reproduced
pamphl , leaflet, or s :'.mi lar device or sample, or any
other printed or otherwise reproduced original or copies
of any m tter of similar type literature not included
in the fores id d finition of commercial handbill; or
any of he foreqoing which sets forth a political or
ideologic 1 messaqe.
(h) "Own er" sh 11 include the record owner, wh eth er pe rson,
firm or corporation, ny agen or representative of the
record own r.
( j) ny and 11 s reets ,
pu lie ways and
, nd buildings
n 1 wood for h
•
0 1 -
publlc
m in-
of h
I • •
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(k) "Rubb ish " i s nonputrescible waste consisting of both
combust i ble and noncombustible wastes, such as paper,
wrappings, cigarettes, cardboard, tin cans, yard clip-
pings, leaves, branches, wood, waste building materials,
glass, bedd i ng, crockery , household furnishings and
similar materi a ls.
(1) "Refuse" is all putrescible or nonputrescible waste
including garbage, rubbish, ashes, street cleaning,
dead animals, offal, droppings, abandoned appliances,
and vehicle parts.
(m) "Trash container" is a closable container of metal, wood,
or plastic.
(n) "Weed" shall mean we ed s , g rass, brush , or other rank or
noxious vegetation which is in excess of six (6) inches
in height and shall specifica lly include: Bindweed
(Convolvulus), Leafy Spruce (Euphorbia Esula), Canada
Thistle (Circium Arvense), Russian Knapweed (Centaurea
Pieris), Perenn ial Sow histle (Sonchus Arvense), Puncture
Vin (Tribuius Terrestris), Silver Leaf Poverty We ed
(Fran seria Discolor), Mousseear Poverty Weed (Thiaspi
Arvens e), Mustards (Bra ssiea), Purple-flowered Groundcherry
(Quincula Lobata), Russian Thistle (Salsola Pestifer),
Fireweed (Kochia Scoparia) , Redroot Pigweed (Amaranthus
Retrofl exus), Sandbur (Cenchru s Tribuloides), Ha i ry
Stickweed (Lappula Occidenta lis), Buffaloburs (Solanum
Restvatum), Common Ragweed Ambrosia Elatiov), Cockle bur
(Xanth ium Commurie), Commo n Sunflower (Hel ia nthus
Centicularis), Dandelion (Leonthodore Tavazacum), or
other plant or off nding vegeta ion which is regarded as
a common nuisanc ~. Th1s list is not intended o be
exclusive, but rather is intended to be indicative of
those types of plants which ar cons1dered noxious and
a d tr1ment o the publ1c health and s fety bu shall
not include flower ardens, plo s of shrubbery, v getable
gardens and sm~ll grain plots (wh at, b rley, o ts, nd
rye).
6-5-2: DECLARATIO,
h1s chapt r to s t forth laws wh ich
an liv 'ng, b~au y, health and w 11-b ing
lty o Engl wood by prohibi ing ccumula-
or unsiqh ly v hicles wi hin th City .
ch p r ppli s h 11 b r sponsibl for
s fr of h prohib1 ions from he c n er
ir r of rty o h ravel d por ion o th
•
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ANTI-LITTERING PROVISIONS
6-5-3: LITTER -GENERAL PROHIBITION
No person shall throw , place, or deposit litter in or upon
any public place within the City except in trash containers.
6-5-4: LITTER ON PUBLIC PROPERTY
No person shall throw or deposit any litter on any
public street, in any public park , or i n any public building
within the City except in trash containers .
No person shall throw or deposit any litter in any
fountain, lake, bay, stream or other body of water within the City.
No person shall affix any poster , notice, or like device
to attract public attention , to a ny lamp post, public utility
post, traffic control device , tree , public structure or building
except as may be authorized by law.
6-5-5: LITTER ON PRIVATE PROPERTY
The owner or occupant of private property sha ll ca use
the removal of all accumulated articles of litter and place said
litter in a trash container. Litter shall b e taken to an authorized site for disposal.
The owner or occupant of private premises within the
City shall maintain said premises free of litter and provide
trash containers therefor.
No person shall throw or deposit litter on any occupied
or vacant private proper y with in the City.
6-5-6: LITTER 0 BUSINESS PROPERTY
Th owner or lesse of business property is authorized and
required to prov1de r sh con a1ners at conveni nt places for h
depos it of 11 ter by busin ss patrons . The owner or occup n of
business property may r quire that all litter deposi ed in his
premia s, sidewalk or common area b placed in trash contain rs
he has provid d.
Th own r or 1 ss of business property is r quir d to k p
fre from li t r h sidew lk djacen to his business or his
propor ional sh re of common walkway or mall . No p rson owning
or occupying busin ss prop r y h 11 s~ p into or d posi in ny
gut r, s re , or publ ·c pl c accumul tion of lit r from
his building, sid walk or
o busine s prop rty m y prohibi h
a llin of r icl s, nd dis ribu ion of
upon his busin ss pr mia s or in h com-
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6-5-7: LITTER FROM VEHICLES
No driver or passenge r in an automobile, motorcycle, bicycle,
aircraft, or other vehicle, shall throw, place or deposit litter
upon the public streets , other public place, or private property.
No person shall drive any truck or like v ehic le in the city
unless its contents are cove r ed or loaded to prevent them from
being scattered or if the wheels or tires carry any mud, dirt,
sticky substance or like matte r into a public street, alley, or
other public place.
6-5-8: DISTRIBUTION OF HANDBILLS
No person shall distrib u te or sell any commercial or non-
commercial handb ill, advertisement, or similar literature in or
upon a street, sidewalk, parki n g lot, or other public place within
the City; provi ded, howe v er , a person may distribute free to the
receiver a noncommerci al handbill to a person willing to accept it.
No person shall distribute any handbill or similar literature
upon inhabited private premises except by placing said items in a
manner as to prevent them from being blown or drifted about the
premises. Mail boxes may not be used when prohibited by Federal
regulations. No person shall distribu e any handbill or similar
literature to temporarily or continuously vacant premises.
No person shall distribute ny handbill upon private premises
if requested not to do so by any person there or by a sign bearing
the word s "N o Trespass ing ," No Advertis ments," "No Agents," or
similar languag .
The provisions o hi sect1on shall not pply to h prop r
distribution of mail y h United Sta es or o d liv ry o n ws-
papers which are leg 1 publ1ca ions, provid d ha n wsp p rs shall
be placed on prop rty o prev n th ir beinq carri d away by h elem nts.
6-5-9: LITTER Pl.ACr.MENT IN TRASH CONTAINERS
P rsons sh 11 pl
it from b ing c rr1 d
priv te prop rty.
P rsons
pick-up
v hicul r
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6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES
All litter collected by any person shall be taken to a site
authorized for litter disposal or be placed on regular trash
collection days for collection by trash haulers licensed by the City of Englewood.
No person shall e n gage in the business of removing or
hauling litter in the City without first obtaining a license.
A nontransferable license shall be issued upon the annual payment
of $5 per vehicl e .
6-5-11 through 6-5-19 RESERVED
ANTI-WEED PROVISIONS
6-5-20: CUTTING AND REMOVING WEEDS
Every owner or occupant of realty shall cause to be cut all
weeds exceeding six (6) inches in height g rowing there. The weeds
shall be removed to some site authorized for the disposal of litter.
6-5-21: PUBLISHED NOTICE TO REMOVE WEEDS
When the City Manager determines it may be necessary, the
Director of Finance shall cause to be published 1n a newspaper of
general circulation in the City a notice which shall be sub-
stantially in the followi ng form:
TO ALL OWNERS AND OCCUPANTS OF LAND
WITHIN THE CITY OF ENGLE WOOD:
Notice is hereby given that all weed s within the Ci y
of Engl e wood must b cu down, destroyed a nd remov d on
or before the (da e to be inse rted by the Director of
Finance --not less than five (5) days aft r the da e
of public ion) of his year .
Failure o comply with his no ic on or before the
date m nt1on d shall m ke the p rties responsibl
personally li ble for th cost of cu ting , d straying ,
and removing the s m , plus Twenty-fiv percent (25 )
i n cid nt 1 cos and Fif een percent (15\) penalty nd
inter st, which cos s , penalties , nd int r s may be
recover d in a personal c ion against s uch p rti s
or may be levi d nd coll cted ag ins said 1 nd in h
s m mann r s oth r re levied nd coll c d.
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Parties failing to comply with this notice may be
subject to a fine or to imprisonment not exceeding
ninety (90) days , or to both such fine and imprison-
ment as imposed by Title I, Chapter 2, of the
1969 Englewood Municipal Code, as amended.
This notice is given in compliance with Section
6-5-21 of the Englewood Municipal Code.
6-5-22 through 6-5 -29 RESERVED
6-5-30:
ANTI-DERELICT VEHICLE PROVISIONS
VEHICLES IN RESIDENTIAL ZONES
No person who lives in a residentially zoned district shall
keep a hobby or derelict vehicle, under construction or not, un-
less it is stored in a fully enclosed garage or similar structure.
A person may store the vehicle in a carport or open area if he
keeps the vehicle and i ts parts covered with a canvas or other
opaque covering. Storage or coverin g is not required when the
vehicle is actually being worked on .
No person shall build, store, or maintain more than one
derelict or hobby vehicle outside a fully enclosed garage at each residence in the City.
No person shall store or work on any hobby or derelict veh ic le
within his residence required front yard or any adjacent rights
of way.
6-5-31 : VEHICLES IN BUSINESS ZONES
No person shall keep a hobby or derelict vehicle in a business
zoned district unless it is stored in a fully enclosed structure
or behind the principal struc ure in an area screened from view
of adjacent properties and public rights of way.
No person who principally us s as a residence property in
business zones shal l keep mor than one hobby or der lict vehicle
on the property.
6-5-32 through 6-5-39 RESERVED
PROCEDURAL PROVISIONS
6-5-4 0: VIOLATIONS: NOTICE -COST ASSESSMENT -REMEDIES
Wh n ver it is found th
or vehicl es xist within h w d , ccumulations of litt r,
C~ty in viol tion of this ch pt r,
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the CiT~ Manager or his designee shall have posted upon the realty
or veh j cle an appropriate notice in substantially the following
form:
I
TO THE OWNERS AND/OR OCCUPANTS
OF THIS PROPERTY:
NOTICE
There exists upon this property (weeds) (and/or litter)
(and/or derelict and/or hobby vehicles) which have not
been (removed) (disposed of) or (attended to) in accord-
ance with Title VI, Chapter 5, of the 1969 Englewood
Municipal Code.
Notice is further given that unless the same are
(removed) (and disposed of) (or attended to) within
five (5) days from (date of posting of notice), the
City of Englewood may cause the same to be (removed)
(and disposed of) (or attended to) in compliance with
said c hapter, in which event the owners and occupants
of this realty or vehicle owner may be liable for all
costs, expenses and penalties as set forth in Title
VI, Chapter 5, of the Mun icipal Code of the City of
Englewood, including the assessment of a property
lien for the costs incurred.
6-5-41: FAILURE TO CO MPLY WITH NOTICES
If any owner or occupant of real property or vehicle owner
fails to comply wi th no ice given pur suant to th is chapter
within the tim specifi d, he City Manager or his designees a re
authorized o cause h ction r quired by ordinanc to which
such not1c had ref rene . All cos s incurred by the City plus
an administrative cos of TW nty-five percent (25\) of he direct
costs shall bP ch r ed a ains the real property and i s owners
or the v hicle owners.
6-5-42: OTICE OF CO STS
If co t taking action r quired by this
ch p 11 be prep red fo r he entire cost plus
Tw n (25 ) dministr tive costs , and b e mailed
by certified mail , rc urn r c ipt r qu s ed , o th vehicle
own r or pro rty own r or occup n wi h instruc ions that s id
s at m nt will b pai in full plus cos s wi hin hirty (30)
days of s 1d m 1linq d The no ic shall lso inform th
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property owner that the failure to pay the statement for costs
for litter or weed removal within sixty (60) days shall result
in an assessment being made against the property which shall
constitute a lien pursuant to Title VI, Chapter 5, of the Municipal
Code of the City of Englewood.
6-5-43: ASSESSMENT
If the full amount of the statement relating to weed or
litter removal from real ty is not paid within sixty (60) days,
the City Manager shall d irec t the Director of Finance to assess
the entire amount of the statement plus an additional Fiftee n
percent (15 %) penalty aga i nst the specified realty. After assess-
ment by the Director of Finance, a copy shall be sent to each owner
of record of the assess e d realty. The assessment shall contain a
legal description of the premises , the expenses and costs i ncurred,
and the date for l i tter or weed removal, and a notice that the
City claims a lien for this amount. The Director of Finance shall
certify such assessment t o the County Treasurer who shall col lect
such assessment in the same manner as ad valorem taxes ar e collec ted.
6-5-44: ASSESSMENTS A LIEN
From the date of the assessing statement, all assessments
shall constitute a perpetual lien against the specified realty
and shall have priority over all liens excepting general tax liens
and prior spec i al assessments. No delays, mistakes, error s or
irregularities i n any act or proceeding authorized herein shall
prejudice or invalidate any final ass ssment; but the same may b e
remedied by the Director of Finance, as th c ase may requ i r e ,
upon application mad by the proper y owner or other interes ed
person. Wh en so remedied, the same shall ake effect as of the
date of the origin 1 assessm n by h Director o f Finance.
6-5-4 5: APPEALS
Any vehicle owner or proper r or occ upant may appeal,
in wr iting, to he C1 y M nag r five (5) days of h is
r eceip of not1ce, s a .n of cos s, or ssessment . The app al
shall con ain the pp llan 's n m nd ddress, the decision b ing
appe 1 d , and a bri f expl n ion why the ppell nt should no b
required to comply with th docum n appeal d . The City M n ger
or his designee may m et informally with the appellant to xchange
necessary information and shall issue a d cision in wr iting to the
appell n t his ddr ss sta ed in the app al.
6-5-46: OTHER RE DIES
unp id ch rge plus 11 cos s and pen 1 i a sh 11 cons i-
du he City. Th Ci y A orney sh 11 , t th direc-
Ci y M n g r , ins itu civil suit in th n m of h
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City to recover such charges , costs and penalties. This remedy
shall be cumul ative with all other remedies, including prosecu-
tion in Munic ipal Court for e ach violation of this chapter .pursuant
to the provis ions and penalties established by Title I, Chapter 2,
of the '69 E.M.C.
Section 2. Severabil ity. If any section, subsection, sentence ,
clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent juris-
diction, such portion shall be deemed a separate, distinct, and
independent provision and the holding shall not affect the
validity of the remaining portions of the Ordinance.
Introduced, read in full, and passed on first reading on
the /(/f.hday of (J)~, 1981.
Published as a Bill for an Ordinance on theO(J~ day of
(J t::t:i./J..v 19 81.
Eugene L. Ot1s , Ma yor
Attest:
ex off1cio 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 tru , accurate and complete copy of a Bill for
an Ordinance, in roduced, read in full, and passed on first
reading on the /'f'tJ. day of~~ 1981.
Gary R. H1gbee
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ORDINANCE NO.
SERIES OF 198'1 ____ _
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BY AU THORITY
A BI LL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER 1-c ~
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
WHEREAS, pursuant to Ordinance, the Englewood Planning
and Zoning Commission held a public hearing on a preliminary
plat for Cottonwood Vi llage Subd i vision on July 7, 1981; and
WHEREAS, the Plann i n g and Zon i ng Commission, at their
meet i ng of September 9, 198 1 , approved a certain subdivision
plat known as Cottonwood Vi l l age Subdiv ision Plat; and
WHEREAS, t h e City Counci l has not received any objection
thereto.
NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF
THE C I TY OF ENGLEWOOD, COLORAD O , as follows:
Section 1. That the Ci ty Counci l of the City of En g lewood,
Colorado, hereby approves Cottonwood Village Subd i v i s i on Plat
attached hereto and incorporated by reference as Exh i b i t A.
Section 2. That City Coun cil of the Ci ty of Englewood hereby
accepts those r ights-of-way intended for public use as shown
on said plat .
Sect i on 3. Th a t the e x o fficio Ci ty Clerk-Treasure r i s hereby
directed to r ecord the f i n a l plat with t he Cle rk and Re corde r
of Arapahoe Co unty at the e x pense of t h e applica nt here to,
Ro b e rt D. Bo lton a nd Ann L . Bolton .
Section 4. That t h e Mayor of the City of Englewood is
authorized to sign on b ehalf of the City Council and the Director
of Finance ex offi cio City Clerk-Treasurer is authorized to
attest or certify those doc uments necessary to effectuate this
ordinance.
Introduced, read in full, and passed on first reading on
the 19th day of October, 1981.
Publ i shed as a Bill for an Ordinance on the 21st day of
Octob r, 1981.
Attest:
Eugene L. Oti s, Mayor
x o ffi c i o c i t y C lerk-Tr aaure r
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the
foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on first
reading on the 19th day of October, 1981.
Gary R. H1.gbee
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ORDINANCE NO.
SERIES OF 19 8-;--l--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER If' 1 .<>t.4J
AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT.
WHEREAS, pursuant to Ordinance, the Englewood Planning
and Zoning Commission held a public hearing on a preliminary
plat for Cottonwood Village Subdivision on July 7, 1981; and
WHEREAS, the Planning and Zoning Commission, at their
meeting of September 9, 1981, approved a certain subdivision
plat known as Cottonwood Village Subdivision Plat; and
WHEREAS, the City Council has not received any objection
thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. That the City Council of the City of Englewood,
Colorado, hereby approves Cottonwood Village Subdivision Plat
attached hereto and incorporated by reference as Exhibit A.
Section 2. That City Council of the City of Englewood hereby
accepts those rights-of-way intended for public use as shown
on said plat.
section 3. That the ex officio City Clerk-Treasurer is hereby
directed to record the final plat with the Clerk and Recorder
of Arapahoe County at the expens of the applicant hereto,
Robert D. Bolton and Ann L. Bolton.
Section 4. That the Mayor of the City of Englewood is
author~zed to sign on behalf of the City Council and the Director
of Finance ex officio City Clerk-Treasurer is authorized to
attest or certify those documents n cessary to effectuate this
ordinance.
Introduced, read in full, nd passed on first reading on
th 19th day of Octob r, 1981.
Published s
Octob r, 1981.
A
ex officio city Cl
Bill for n Ordin nc on the 21st day of
Eug ne L. Otis, M yor
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the
foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on first
reading on the 19th day of October, 1981.
Gary R. H1gbee
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P R 0 C L A M A T I 0 N
WHEREAS, the Lions Club of Englewood is a duly chartered
club of Lions International, an organization of wo rldwide
service clubs; and
WHEREAS, the Englewood Lions Club is dedi c ated to help-
ing those less fortunate; and
WHEREAS, the Englewood Lions Club and all the Lions Clubs
of Colorado will, on November 27 and 28, be enga g ed in a fund
raising project known as "Hope Chest"; and
WHEREAS, monies raised in this project sha ll be used to
support the Colorado Eye Bank, The Hearing Dog, I nc., and The
Colorado Lions Camp.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim that Nove mber 27 and
28 , 1981 shall be known as
HOPE CHEST DAYS
in the City of Englewood, Colorado, and I e ncourage the community 's
ge n e rous support of this worthy cause.
GIVEN under my hand and s al this 19th day of October,
1981.
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P R 0 C L A M A T I 0 N
WHEREAS, the Lions Club of Englewood is a duly chartered
club of Lions International, an organization of worldwide
service clubs; and
WHEREAS, the Englewood Lions Club is dedi c ated to help-
ing those less fortunate; and
WHEREAS, the Englewood Lions Club and all the Lions Clubs
o f Colorado will, on November 27 and 28, be enga ged in a fund
raising project known as "Hope Chest"; and
WHEREAS, monies raised in this project sha ll be used to
support the Colorado Eye Bank, The Hearing Dog, I nc., and The
Colorado Lions camp.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim that Nove mber 27 and
28, 1981 shall be known as
llOPE CllEST DAYS
in the City of Englewood, Colorado, and I encour ge the community's
gene rous s upport of this worthy cause.
GIVEN under my hand and seal this 19th day of October,
1981 .
Eugene L. Otis, M yor
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P R 0 C L A M A T I 0 N
WHEREAS, the Lions Club of Englewood is a duly chartered
club of Lions International, an organization of worldwide
service clubs; and
WHEREAS, the Englewood Lions Club is dedicated to help-
ing those less fortunate; and
WHEREAS, the Englewood Lions Club and all the Lions Clubs
of Colorado will, on November 27 and 28, be enga g ed in a fund
raising project known as "Hope Chest"; and
WHEREAS, monies raised in this project sh a ll be used to
support the Colorado Eye Bank, The Hearing Dog, I nc., and The
Colorado Lions Camp.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
En g lewood, Colorado, do hereby proclaim that Nove mber 27 and
28, 1981 shall be known as
llOPE CHEST DAYS
i n the City of Englewood, Colorado, and I encoura ge the community's
ge n e rous support of this worthy cause.
GIVEN under my hand and seal this 19th day of October,
1981.
Eugene L. Ot is, Mayor
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P R 0 C L A M A T I 0 N
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WHEREAS, the Lions Club of Englewood is a duly chartered
club of Lions International, an organization of worldwide
service clubs; and
WHEREAS, the Englewood Lions Club is dedi c ated to help-
ing those less fortunate; and
WHEREAS, the Englewood Lions Club and all the Lions Clubs
of Colorado will, on November 27 and 28, be engag ed in a fund
raising project known as "Hope Chest"; and
WHEREAS, monies raised in this project sha ll be used to
support the Colorado Eye Bank, The Hearing Dog, I nc., and The
Colorado Lions Camp.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim that Nov e mber 27 and
28, 1981 shall be known as
IIOPE CIIEST DAYS
in the City of Englewood, Colorado, and I encourage the community's
generous support of this worthy cause.
GIVEN under my hand and seal this 19th day of October,
1981.
Eugene L. Otis, Mayor
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S UMMONS IN A C IVIL. ACTIO N
1lnttrb &tatrs ltstrirt Qlourt 111
FOR THE
DISTRICT OF COLORADO
OLSON CONSTRUCTION COMPANY,
a Nebraska corporation, P laintiff
v.
THE CITY OF ENGLEWOOD,
COLORADO,
Defendant
To the above named Defenda nt :
8 1--1 778
CIVIL ACTION FILE NO. ---
SU MMONS
You are hereby aummoned a nd required to oern upon Charles H. Hal.nes, Jr.,
Grant, McHendr ie, Ha ines' Crouse, P.C.,
plalntltroattorneya ,wh-addreu is 7l8-l7th Street, 1700 Western Federal
Building, Denver, Colorado 80202
And tile with the Clerk ot tbia Court
an anawer to tha complaint which Ia herewith oerved upon you, within 20 daya af~r oervlce of thlll
aummona upon you. exclllllYO of tho day of oervlce. If you fail \O do oo, JudJrlft"nl by default will be
taken qalnat you for
OCT 9-19 81 I of Court)
NOTII -TWo -Ia -...,_ t. a.lo f tl Uoo ,_... ... tl
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Ut:1'UKN ON SERVICE OF WRIT
I hereby certify and return, that on the day of
I received this summons and aerved it to10ther with the complaint herein aa follows :
IIAUR.U.'IF'.-
Travel ----• -----------
Serric:e ---------------
Subecribed and awom to before me, a
cia)' of ,lt
thil
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IN ~HE UN ITED ST~TES DISTRICT COURT
FOR THE DISTRICT OF COLORADR i OCl 9 All 53
Civil ~ction No.
'il. c £!!~.
OL SON CONSTRUCT ION COMP ~NY ,
A Neb r asKa Co rporation,
ev· ____ OEP . cue
-177~ Plaintiff, 81
vs. COMPL~INT
THE CITY OF E NGLEW OOD, COLORADO,
Defendant.
COMES NOW the Plaintiff, Olson Co nstruct ion Company, by and
through its attorneys Grant, r1cHendrie , Haines & Cr o use , P.C.,
and for its complaint in this matter states and alleges as
foll o ws :
GENER ~L ~LLEG~TIONS
1 . Plaintlff ts Co rpo rati on organ1~ed and existing under
the laws o f he St te of Nebraska and wtth ita home o ff ice and
principal place ~f husiness in Lincoln, Nebraska, but quali f ied
o ~o business 1n Color do an~ ng ge~ 1n he general const rue-
\on n·l contr ct1ng bus1ness in the S ate of Color do.
2. Defend nt Ctty o f Englewood ts aunl ctpal corporation
o r'} n\t;eil "" H~Me Rule city unile r the conati ut!on o f he
5 te of Color~ilo.
). Jut \54hc 1nn n[ ht• rtion ts b"sed upon the di v er-
'" y of ctta"nship be we n he Platntiff ani! the Defend n •
tw n th
un t r 28 U. •
rt In • n-1. n • s e•ce,. !a $10,0()0.00.
•• On r ' u t !'I rch 2 197 , h Pl tn 1ff Olson C n-
atrurtinn ~ ny ( "Ol•nn"), a qener 1 con r ctar. aub it e~
It a 11 • n • C ty O f f:nqlewOl)•l for h cnnatrurt\on of the
II Ctty. Upon the p nlng of blila, 1 1n-
'" rftrth pro)er. 1\ H y )0,
I 11 . r•r , • 11 r, t lor th•• cvn s t rur.11nn of th ~llan W t r
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Treatment Plant was awarderl to Olson in the principal sum of
$4,708,496.00 .
s. Throughout March of 1979, the statutes of the State
of Colorado required Olson as contractor and each of its sub-
contractors to pay a sales or use tax equal to 3\ of the cost
of all materials purchased by Olson for incorporation into a
public works structure within the State of Colorado. Similarly,
Olson, as prime contractor was required to pay a similar sales
or use tax equal to one-half of 1\ of such materials to the
State Directo r of Revenue for the benefit of the Regional
T ransportation District ("R'>'D"}, wh ich included the City of
Englewood. Englewood's invitation to bid and the general and
special conditions of the prime contract awarded to Olson
required Olson ~nrl its subcontractors to pay all sales and use
taxes applicable to the project.
6. On June 7, 1979, the Governor of the State of Colorado
signed into taw H.n. 1451 amending Title 39, Chapter 26 of the
Colorado Revised Statutes. This statute relieved all prime
contractors an~ subcontractors from the 3\ Colorado and the l/2
of 1\ RTD sales and uoe taxes previously iaposed wi th respect
to public works projects, provided hat the prime contractors
and subcontractors secured from the Depart•ent of Revenue an
exemption cert1flcate Identifying the project with respect to
which the materials were purchased. ln accordance with that
statu e. Olson, as pr1me contractor. procured certificates of
exemption from the 3-l/2 sales and use taxea with respect to
t:nqlPwood'!t Allen Hi\ .-.r Tre;,tmr-nt Plnn .
7. PI In lf( h • c >l cul ed the v lue of m ted la (plu•
change orders) whi ch tt n1 Its subcontrac ora purchased for
1ncorpora ion 1n o the Allen W ter Treataent Plant for the CltY
.,f Englewool o 111\n'J ppr· ltl0\1\tely $2,341,088.23. A sale•
3-1/2 upon Silld pnncip l au• equ l• $82,008.08.
Cl.AlM 1\GAINS':' DI:PE NOAN'i' CITY Of ENCLCWOOD
A. PI tnt lff h;,rehy tnc o rpor tea by referenc-e Par r ph•
1 t ro•I<Jh 7 u lf fully • l forth her \n.
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9. The construction o f the Allen Water Treatment Plant
f o r the City of Englewood by Plaintiff is completed and the
plant is now being operated by the City of Englewood. The
entire unpaid balance of the principal amount of said contract
is now properly due and payable to Plaintiff.
10. The City of Englewood refuses to pay a balance of
approximately $82,008.08 out of the principal face amount of
the cont ra ct (plus change orders} of $4,737,902.18 alleging
that Olson has failed to pay the State of Colorado a 3-l/2\
sales or use tax on materials incorporated into the Allen Water
Treata~ent Plant.
11. A dispute exists between Olson and the City of Engle-
wood as to the right of the City of Englewood to reduce the
total contract price (plus ch ange orders} for the construction
of the Allen liat e r Treatment Plant. This -lispute has arisen by
re~s o n o f the c hange in the State Sales Tax Statute which elim-
inat ed the State a nd RTD 3-1 /2 \ sales and use tax on materials
incorporated i nt o the project, this amendaent occurring after
execu t ion o f the p rime contract between the City and Olson.
The City o f Englewood claims that, no tw i thstanding the amend-
ment of the State S les and Us e Tax Statute, Olson was obligated
un-l er the con tr ct to pay ove r t o th e C1ty of Englewood the sum
whi ch wou ld have been paid to the State Oep rtment of Revenue
but for the ~mendment to the Sales and Use Tax Statute. In the
alternat1ve, the City c laims that it is entitled to reduc e the
princip mount of the contract to comp nsate for the reduc-
tion 1n • ,,.. n·l IS<' 1\XPS r f'qui r<>d of Pl int1f!. Olson denlea
th t
n con r .tct req 11 rf'•l 01 son to pro PCt the C1 ty of Engle -
woo 1 1n he recnv~ry of 1 s us " o r s les t x refund fro• the
stat of Colo rtdo o r to accept • reduction 10 the prtnctpal
nd a 1 s t x r duCtlOO•
12. The w•thhnl 1lnq of thP pprox1m ely $82,008.08 by the
City of Lnql wno l ts wtt hout riqh or JUSt 1flc \on 1n l w nd
co n~t l ut .. a
hr,.<H·h n ( hP pnme coot r c bet ween Olaon n<l
t h Cl y ot r."q lcwoo-1.
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13. Plaintiff Is entitled to recover interest for the sum
withheld by the City of Englewood as an element of the damages
suffered by Olson for the willful breach and refusal of the city
to pay the balance of $82,008.08 of the principal sum repre-
sented by the face amount of the contract with chang e orders.
WHEREF ORE, Plaintiff prays for declarato ry judgment declar-
ing the respective rights and obligations of Olson and the City
of Englewood with respect to the amended sales and use tax sums
and f or judgment in favor of the Plaintiff and against the City
of Englewood for the sum of $82,008.08 ftS the contract balance
due it together with interest as damages for Plaintiff's reten-
tion of said fund af er the ti~e it should have been pa id over
to Plaintiff.
GRAN7, McHENDRIE, HAINES ~ CROUSE,
Professional Corporation
BY:~-------------------------------Charles H. Haines, Jr.
Attorneys f or Plaintiff
1700 Western Federal Building
Denver. Colorado 80202
7elephone: (303) 825-5111
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aUMMOHS IN A CIVIL ACTION
lttritrb itatrs listrirt Qltnn1 1fl
FOR THE
DISTRICT OF COLORADO
OLSON CONSTRUCTION COMPANY,
a Nebraska corporation, Plaintiff
'f,
THE CITY OF ENGLEWOOD,
COLORADO,
Defendaut
To the above named Defendant :
81--1778
CIVIL ACTION FILE NO. ---
SUMMONS
You an hereb7 a11mmonod and required to .. ,.... upon Charles H. Haines, Jr.,
Grant, McHendr1e, Haines' crouse, P.C.,
plalntlff'aattorneys ,w"-add.-is 718-17th Street, 1700 western Federal
Building, oenv r, Colorado 80202
And file with the Clerk of this Court
an anaw r to t complaint whkh II h rewitll Nrved upon you, witll n 20 da)'a aftu Nrvlea of U.ll
aummo upon 7011. a<lualve of the clay of Nrvlu If you fall 1.0 do 10. Juda'lnent by ckfault wUI be
tabn aplnot you for the "'h f d nded
ta OC T 9-8f
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1\t:TUitN ON SERVICE OF WRIT
I hereby certify and return, that on the day of 19
I received thla aummona and aerved It t.opther with tho complaint herein u followa :
)(AURAl.'l FDI
Traftl ----' -----------
S."Ice ---------------
Subecrlbed and aworn to bafore me, a
d&Jof
(AAL)
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thia
-----·-------------------·· ----------------
&•:--rit ......... -tr _.. ... lo ..... lof a -.......... a Ullltool lila'-...... 1 or IIIIo ~.
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IN 7HE UNITED STATES DISTRICT 8bu RT
FOR THE DISTRICT OF COLORAD~,O~I 9 Ail 53
Civil Action No.
OLSON CONSTRUCTION COMPANY,
A Nebraska Corporation,
BY ____ OEP . CLt<.
Plaintiff, 81 -177~
vs.
COMPLAINT
THE CITY OF ENGLEWOOD, COLORADO,
Defendant.
COMES NOW the Plaintiff, Olson Construction Company, by and
through its attorneys Grant. tcHendri e, Haines & Crouse, P .C .,
and f o r its compla1nt in th is matter states and alleges as
follows:
GENERAL AL LEG ATIONS
1 . Pl intiff is a Corporation organized and existing under
the laws of the State of Ne b raska and with ita home office and
principal place o f business in Lincoln, Nebraska, but qualified
to clo business 1n Colorado and engaged in the general construe:-
\o nl c:on tr c:ti ng business 1n he S te of Colorado.
2. Defen.1 n Ci ty of Englewood Ia euni c:i pal corporation
or'} nizecl a1 u,., Rut city u nder the c:onati u ion o f th
Stat of Color 1lo.
3. JurJtJ<ilC' ten of h11 a~ ion ts b;:ut d upon the d1ver-
ai y of <'I 17PnshlP h tween he Pll\lnllff an•1 h e Defencl nta
ura ,, r 2A jJ,<;, I 12. Th llftOIIOt of COflt rov,•r y I !w n t
PI • s •c: f'•la s 1o.ooo.oo.
4. On rc 2 I 7 h PI 1n \ff Ola Con-
("01 n")' s gP.n r nn rae or. sub I •" ,,. htl 10 i 'Y of n'}lawool tnr h ron• rue: 10n of lha .
All"" t •• r " •• n• PI nt t )r t Clt}' un,ler pl na n1 epee:\-
ly• eCtty. •pon the panLn nf bi<h, Pl tn-
1 , f.W • c>r th proj t. On H y JO,
I 711, prt "' .. " lor th •onst rl!c llon n th "l ien W
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Treatment Plant was awarden to Olson in the principal sum of
$4,708,496.00.
5. Throughout March of 1979, the statutes of the State
of Colorado required Olson aa contractor and each of its sub-
contractors to pay a sales or use tax equal to 3\ of the cost
o f all materials purchased by Olson for incorporation into a
public works structure with in the State of Colorado . Similarly,
Olson, as prime cont ractor was required to pay a si•ilar sales
or use tax equa l o one-hal f of 1 \ of such materials to the
State Director of Revenue for the benefit of the Regional
TransportatiOn District ("R';'D''), which i n cluded the City of
Englewood. Englewood's invi tation to bid and the general and
special conditions of tho pri~e contract awarded to Olson
req uired Olson ~nrl 1 s subcontractors to pay all sales and use
taxes applicable to the project.
6. On June 7, 1979, the Governor of the State of Colorado
signed into law H.B. 1451 amen1ing Title 39, Chapter 26 of the
Colorado Revised Statutes. This statute relieved all prime
con tractors ann subcontractors from the 3\ Colo rad o and the l /2
of 1\ RT D sales and use taxes previously impos e d with respect
to public works pro ect s, provided that the prime con tra ctors
nd subcon r ctors secured from the Department of Revenue an
exem p ion cer 1ficate 1d~n lfy1ng the project with respect to
w~ich he ma erlals were purchased . ln cco rdance with that
a atute, Olson, a prime contr ctor, procured certificates of
PX mp 10n from the 3-1 /2 sales and use taxes with reap ct to
Lnql,.wo J' Allen h'~t ... r "rrP~ mPn Pl,,n .
7. PI 1n11 f h~s c: lcul •l th" v lue of • tt'ri ls (plus
ch nq or ers which 1 n1 Ita ub~on r ctors purcheat' for
>ncorp r 10n >nto the Allen W er Treateent Plan for the C1ty
o r.n11 wood • to ~lin1 ppr XIM t ly 5 2,343,088.23. A s lea
nl ua t x at 3-1/2 upon a 1l pnnctp l sua equals S8 2,008.08.
CITY OP ENGLCW 0
A. PI a hy r Cerenr. Per r phs
l 1 ro> h 7 1 tl 'ully aet f rth er in.
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9. The construction of the Allen Water Treatment Plant
for the City o f Englewood by Plaintiff is completed and the
plant is now being operated by the City of Englewood. The
entire unpaid balanc e of the pr i ncipal amount of said contract
is now proper ly due and payable to Plaintiff.
10. The City of Englewood refuses to pay a balance of
approximately SB2,00B.OB out of the principal face amount of
the contrac t (plus change orders) of $4,737,902.18 alleging
that Olson has failed to pay the State of Colorado a 3-1/2\
sales or use tax on mater i als incorporated into the Allen Water
T reatment Plant.
11. A dispu e exists between Olson and the City of Engle-
wood ao t o the right of t h e City o f Englewood to reduce the
total contract prtce (plus change orders) for the construction
of th e Allen l~ater Treatment Plant . This -lispute has arisen by
re~son of the change in he State Sales Tax Statute which elim-
inate, the St te and RTD 3-1/2\ sales and use tax on materials
incorporated into the project, this amend•ent occurring after
exec u tion o f the pri•e contract between the City and Olson.
The City of Englewoo, clai•s hat, notwithstanding the a•end-
ment o f the State Sales and Use Tax Statute, Ol s on w s obligated
un-ler the contract to pay over t o the City o f Englewood the au•
which would h ve been paid to the St te Department o f Revenue
but for the mendment to the Sales and Use Tax St tute . In the
alternative, the Ctty claims that it ie entitled to reduce the
principal mount o f the con r ct to compensate for the r due-
t lon in • II'S ncl u •~'• r equi re~ of Plsin i ff . Olson denies
th"' he ntr c r equlr ~Olson o prot~ct th Ct y of ~n le-
woo1 tn the r cov~ry nf I a ua" o r sales t x refund fr om the
st e o f Color ·1o o r t o cce p ' re.Juctton in he principal
'""unt nf th c nn r oo •q" I tn h uee n•l eal•• t x reluctlon.
12. Tht• WI thh<>l1ln<J >f th pproxtm ely S 2,008.08 y the
Ct ty nf l.nqt .. , 18 w1 th n1J l nq t o r )ue tth c tion 1n law nd
r:oun• llUt •• r H"h nf th pr•• con r c t he ween Diann n•l
1 he Cl y o f En l e woO'I.
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13. Plaintiff is en titl ed to recover interest for the sum
withheld by the City of Englewood as an element of the damages
suffered by Olson for the willful breach and refusal of the city
to pay the balance of $82,008.08 of the principal sum repre-
sented by the face amount of the contract with change o r ders.
WHEREFORE, Plaintiff prays for declaratory judgment declar-
ing the respective rights and obligations of Olson and the City
of Englewood with respect to the amended sales and use tax sums
and for judgment in fav or of the Plaintiff and agai n st the City
of Englewood for the sum of $82,008.08 as the contract balance
due it together with interest as damages for Plaintiff's reten-
tion of sa id fund after the time it should have been pa i d over
to Plaintiff.
GRAN~, McHENDRIE, HAINES & CROUSE,
Professional Corporation
BY:~77~~~~~~--~--------Charles H. Haines , Jr.
Attorneys for Plaintiff
1700 Western Federal Building
Denver, Colorado 8 0202
~elephone: (303) 825-Stll
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SUMMONa IN A CIVIL ACTION
Jlnitrll &tatr.s lli.stritt C!!ourt 111
FOR THE
DISTRICT OF COLORADO
OLSON CONSTRUCTION COMPANY,
a Nebraska corporation, Plaintiff
...
THE CITY OF ENGLEWOOD,
COLORADO, Defendant
To the above named Defendant :
You a~ he~by aummoned and required to eerve upon
Grant, McHendr 1e, Haines & Crouse, P.C.,
81--1 77M
CIVIL ACTION FILE NO. ----
SUMMONS
Charles H. Haines, Jr.,
plalntitf'a attorneys , whoee add~ is 718-17th Street, 1700 Western Federal
Building, Denver, Colorado 80202
And t ile with tho Clerk ot this Court
an an1wer to the complaint whi(h Ia he~wlth aerved upon you, within 20 day1 after aervlce of thla
aummona upon you, u<lu ave of the day of oervl< It you fail lO do ao. JUd.....,nt by default will be
tabn apinat you for the ~l ief d manded an the <om1~
Date : ocr 9 -19 81 (881 of Court)
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IU•:Tt:KN ON SERVICE OF WRIT
I hereby certify and return, that on the day or 19
I received thia aummone and aerved it toeether with the complaint herein aa followa :
IIAUR.U.'IFI:D
Tra ... l ----' -----------
Se"lce ---------------
----------------------u .. ii~is~.-. 11ar~:ui.--
Sul>Kribed and aworn to before me, a thia
dar of ,19
[II&AL]
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I
Ol ~ •.• IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADg ,QC ! 9 Ail 53
Civil Action No.
1 .
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OLSO N CONSTRUCTION COMPANY,
A Nebraska Corporation ,
BY ____ OEP . CLI<.
Plaintiff, 81 177~
v •
CO MPLAINT
THE CITY OF ENGLEWOOD, COLORADO,
Defendant .
COMES NOW the Plaintiff, Olson Construct1on Coapany, by and
hrough 1ts attorneys Grant, HcHendrie, Ha1nes' Crouse , P.C.,
and for lts complaint 1n th1 s matter states and alleges as
follows:
GENERAL ALLEGAT!OliS
l. Plaint\ ff 1s Corporation organt~ed and e xist ing under
the laws of the St te of Nebra•ka and with its home office and
principal place of business tn Lincoln, Nebraska, but qualified
o do usiness in Color do and engaged in the g neral construe-
ton an·! con r c tnq bustness tn he S ate of Colorado.
2. ~fen•1 nt C1 y ot F.n qlewoO'l ta auni cipal corporation
n rq nir. d a~ • fl •e ~ul ct y u n•l r the consti u ion of the
St ~o f Colo r•l n.
J. JI.Jfttthct ion(')( tht1 it'" ion 1s b~sed upon the diver-
1ty of rttt~Pn~hlp be we n h Pla1n iff and he Defend nt•
un ,.r A U.S •• 1 J2. Th~ Uft< nt o' cont rovt-ray \1 tw en th
1'1 ln t If' on I p,.f, nl.\nts "xcr.,,l $10,000.00.
4. On or 1! ut Hue 1 , 197 hP PI tnttff Olson C n-
t ru r t t n (" p ny ("Oiann"), • flOf'r 1 con r " n r, suh•\ 8<)
••• .,., t "It y of .nql .. f r h .. cons ru c tton of the
All r w. t t•r -:"r~ tltt•nt PI nt nr l y II ler pl,.n• n1 •peel-
f lC 'tona 1•su• J I y Ctty. pr>n th Of> rnnq u{ b ld8, Platn-
tlf .... h II'P : nt l <>w hill r f r th proj r t . On H y )0,
I 7•1 , (lfl II' r' 1 for thO! ·un t r •Jr. 10n of th Allen w t r
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Tr e atm e n t P lan t was awar d e rl t o Olso n in the principal sum of
$4,708,496 .00.
5. Thr o ugho ut March of 1979, the s tatutes of the State
of Colorado required Olson as contractor and each of its sub-
contractors to pay a sales or use tax equal to 3\ of the cost
o f all material s p u rchased by Olson for i n co rporation into a
public works structure with in the State of Co lorado. Similarly,
Olson, as prime co ntrac tor was required to p ay a similar sales
or use tax equal to one -half of l\ of such materials to the
State Direc t o r o f Revenue for the benefit of the Regional
T ransport a t ion Dist r ic t ( "R7D"), wh ich i n c l ud e d the City o f
Eng l e wood. En g lewood's invita t ion t o b id an d t he gene r a l an d
special con ditions of the pri me con t r a ct a wa rded to O l son
requ i r ed Olson anrl its subcont r actors t o pay all sales and u se
t a x e s appltcable to he project.
6 . On June 7, 1979, the Governor of he S a e of Color do
si gned into law H.B. 1 4 51 amen1ing Tttle 39, Chap er 2& of the
Co l o rado Revised S t atutes. Th1s st~ u e rel1eved all pri e
co ntrac t o r s an~ subco n t r ac~ors f rom the 3 Colora o and he 1 /2
o f RTD sales and use taxes p r eviously 1mpos~d wtt respect
o public works proj ects, provide! hat the pr1me con ractora
~nd subcont r c ors secured from lh Departa n o! Re v enue an
exemp ion cer tfica e 1 Pnttfyln he project wtth reapec 0
w'uch he ter1als w re purchased. tn ccordance w1th th
s a ute, Olson, as prime contr ctor, procu r ed certl f tcates of
~xernp H>n f r,.,m c 3-l 2 sales an•l use taxes with respect to
7. PI tntlff a c 1 l cui tl th<> v lut> o f mat rial8 (plus
C' ,,nqe nrders) which It ~n1 1 ts 'lubcontr c ora purchased for
1ncorp rat ton into tll' Alle n li er Tre<1t11ent Plant for the City
r:>f r:n1l Wt"K, • tot lln· ppr•>XJOI~ ly $2,3 4 ),088.2). " • le•
~nl " t X a 3-l/2 upon •·' 1 I pn n<:'lplll aua equ la $82,008.08.
CL.AlM A(;AINS':' u:FENDAN7 C lTV 0~' t:NCL.£:1.1000
fl. Pl,lntlff twr.,hy lnrnrpor e• hy r t"renr P r qr pha
thrn·1']h 7 ' 1f fully • t fr:>rth her in.
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9. The co nstruc tion of the Allen Water Treatment Plant
for the City of Englewood by Plaintiff is completed and the
plant is now being operated by the City of Englewood. The
entire unpaid balanc e of the principal amount of said contract
is now properly due and payable to Plaintiff.
10 . The City of Englewood refuses to pay a balance of
approximately $82,008 .08 out of the principal face amount of
the cont r act (plus change orders) of $4,737,902.18 alleging
that Olson has failed to pay the State of Colorado a 3-1/2\
sates or use tax o n materials incorporated into the Allen Water
Treatment Plan t .
11. A di spu te exists bet ween Olson and the City of Engle-
wood as t o the right of the City of Englewood to reduce the
o tal cont ra c t price (p lu s cha nge o rders ) for the construction
of the Allen l~ater Treatment Plant. This o1is pute has arisen by
re~s o n o f the cha nge i n the State Sales Tax Statute which elim-
inated the State ~nd RTD 3-1 /2 \ sales and use tax o n materials
incorporated into the project, this amendment occurring after
ex cu t ion o f the prime contrac t between the City and Olson.
The Ci ty of Englewood c latms that, no tw iths tanding the amend-
ment of the S a e S les and Use Tax Statute, Olson was obligated
uno1e r h con rae to pay ove r to he Ctty o f Englewood the sum
wh ich would h ve been paid to he Stat Depar ment o f Revenue
hut for lh ~ endmen to he Sales and Use Tax Statute. In the
alternative, he Ct y cl 1ms hat it is en ttled to reduce he
princip mount of the contract to compensate for the redu c-
tton 1n 1 I"• n•l ., • ., XI'S requ!rPd of Pl intift. Olson denies
th. t h< c •ntr req nr •I Olson o prot .. c th Ctty of Engle-
wooi tn h r cov ry of 1•s USP r s les x refund from the
state of Colo rtio o r o ace pt ' reductton tn the prtnctp 1
• x retluct1on .
12. Th wtlhho\ llng o f h< ppro11m ely $82.008.08 by the
Cl y of f.n')l w n•l is wtthoul nqh or Justif t cation in 1 w nd
hre rh of thP prtm cont r c betw en Olson n<l
he Cl y o t nqlowood.
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13. Plaintiff is entitled to recover interest for the sum
withheld by the City of Englewood as an element of the damages
suffered by Olson for the willful breach and refusal of the city
to pay the balance of $8 2,008.08 of the principal sum repre-
sented by he face amoun of the contract with change o r ders.
WHEREF ORE, Plaintiff prays for decla ratory judgment d e clar-
ing the respecttve rights and obligations of Olson and the City
o f Englewood with respect to the amended sales and use tax sums
and f or judgment in favor of the Plaintiff and against the City
of Englewood for the sum of $82,008.08 As the contract balance
due it together wtth inte rest as damages for Plaintiff's reten-
tion of said fund after the time it should ha ve been paid over
to Plaintiff.
GRAN7, McliENDRIE, HAINES & CROUSE,
Professional Corporation
8¥:~--~~~~------~--------Charles H. Haines, Jr.
Attorneys for Pla1ntiff
1700 Western Federal Butlding
Denver, Colorado 80202
7elephone: (303) 825-5111
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ORDINANCE NO.1~
SERIES OF 198_1 __ __
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BY AUTHORITY
COUNCIL BILL NO. 81
INTROD UCED BY COUNC IL
MEMBER BI LO
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOL LAR OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN TH E CITY OF
ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHI NG A MILL
LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY
AND DECLARING AN EMERGENCY.
WHEREAS, it is the duty of the City Council of t h e City
of Englewood, Colorado, under the Charter of said City and
Statutes of the State of Colorado, to make the annual l e vy for
City purposes for the year 1981, due and payable in 198 2; a nd
WHEREAS, the City Council has duly considered he
estimated valuation of all of the taxable property withi n he
City and the needs of the City for each of said lev ies a nd has
determined that the levies, as hereinafter set for h, are
proper and wise.
NOW, THEREFORE, BE IT ORD AINED BY THE CITY CO CIL OF
THE CITY OF ENGLEWOOD , COLORADO , as follows:
Section 1. Tha h re be and he reby is levied for
1981, due and payable as requi red by Statutes in th ye ar 2,
a ax of 6.00 mills on h dolla r for the General Fund o.
City of Englewood, Colorado.
Tha h
upon e ch dollar
property withi n
Colorado , and h
law.
1 vy hereinabove set forth shall be le d
of th ass sed valuation of all taxa
he corpora limits of the City of Eng ll
a1d levy shall be certified as requi d
Section 2. u hori y of Par 8, Ar
Title 31, of vis d Statut a, 1973, as
there b and h reby is 1 vi d for th year 1981, due n d
payabl s requir d by law 1n 1982, ax of 5 .00 mlll
dollar for the use and benefi of the Englewood Color d
Down own Developm n Au hor1 y .
Th t th 1 vy her in bov s forth shall be 1
upon each doll r o th ass ss d v lua ion of all
property within th Englewood Colorado Downtown 0
Distric , and th said levy sh 11 b certifi d
law .
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Section 3. That City Council finds and determines tha t an
emergency e xists 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 withi n seven
days thereof.
Introduced, read in full, and passed on firs t reading
on the 5th day of October, 1981.
Published as a Bill for an Ordinance on the 7th day
of October, 1981.
Read by title aand passed on final reading on the 19th
day of October, 1981.
Published by title as Ordinance No. ______ , Series of 1981,
on the 21st day of October, 1981.
Eugene L. Ot~s, Mayor
Attest:
ex officio city Clerk-Treasure r
I, Gary R. Higbee, ex officio City Clerk-Treasur r o
City of Englewood, Colorado, hereby c rtify that the above an
foregoing is a true, accurate and comple e copy of the Ordin nc
passed on final reading and published by title as Ordinanc
No. _____ , Series of 1981.
Gary R. H~g e
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ORDINANCE NO.~
SERIES OF 1981
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BY AUTHORITY
COUNCI L BILL NO. 81
INTRODUCED BY C0"1NCIL
MEMBER BILO
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLA R OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN TH E CITY OF
ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A MILL
LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHOR ITY
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 yea r 198 1 , due and payable in 19 82; and
WHEREAS, t h e City Co uncil h as duly conside r ed the
e stima t e d v a luation of all of the taxable p roperty within he
Ci t y and the needs of the Ci y for each of said l e v ies and has
d e t e rm ined that the levies, as hereinafter set f or t h, are
p r ope r and wise.
NOW, THEREFORE , BE IT ORDAI ED BY THE CI TY COUNCI L OF
T HE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. That ther be nd h r y 1 1 vied for the y ar
1981 , du and payable as r quired by Sautes in the year 1982,
a ta x of 6 .00 mills on h dollar for h General Fund of th
City of Engl wood, Colorado.
That the levy h r 1nabov s t forth shall b lev1 d
upon e ch dollar of th ssessed valuation of all taxab l
property within he corpora limi s of he City of Englew o ,
Colorado, and the sa1d levy shall be cer ified as requi r
law.
Downtown 0
u on
That und
th Color
her by is
d by
and
au hority of Part 8, Ar ic l 25,
vi d Sta ut s, 1973, as am nd d,
1 vi d for the year 1981, due nd
law in 1982, tax of 5.00 mill s on
n fi of he Englewood Color d o
honty.
Downtown
c rtifi d
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Section 3. That City Council finds and determines tha t an
emergency exists in that funds for municipal operations are
necessary and passage of this ordinance is necessary for t he
immediate preservation of public property, health, peace a nd
safety, and said ordinance shall become effective immediately
following final passage and shall be published with in seve n
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.
Read by title aand passed on final reading on the 19th
day of October, 1981.
Published by title as Ordinance No. J1~ , Series of 1981,
on the 21st day of October, 1981.
Eugene L. Ot~s, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of th
City of Englewood, Colorado, hereby certify that the a bove nd
foregoing is a true, accurate and complete copy of the Ordinanc
passed on final reading and published by title as Ord i n ance
No.~, Series of 1981.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
October 13, 1981 ~8 Out-of-State Travel Approval
INITIATED BY community Development Director
ACTION PROPOSED Request approval for out-of-state travel for Hous i ng Rehab
Technician to attend training in specif1cation writing in Ma dison, Wi sconsin.
INTRODUCTION:
On a yearly basis the University of Wisconsin sponsors a training session on con-
struction contracts and specifications wh1ch is an extremely valuable course for
Building and Housing Rehab staff. With the 1981 CDBG grant, the administration
budget included hiring a Housing Rehabilitation Technician position whi ch was filled
last month. The Ass1s an Direc or of Co~~uni ty Development-Housing fe ls the
employee would grea ly b nefit from th1s echrical training. The class is recommended
by HUD for s ff respons1ble for wr1 ing spec1fications for work through the Hous1ng
Rehabili ation Program.
The cos is approx1ma ely $500 and wou ld be paid out of the 1981 CDBG gran .
RECOMMENDA TION:
It is reco nded tha the City Council arprove the out-of-state trav 1 as r q s ed.
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Mall to Archi tectural Programa
THE WI SCONSIN CENTER
7~1 langdon SlrMI
Madl oon, Wlaconaln 53 708
CONSTRUCTION CONTRACTS AND SPECIFIC ATIONS
November 5-ll, 11181
Prc>~Jram Number 2118
Na me
T11le 1Pos•t'on
Company --------------
Addres s
Crly and Slate
Oflrce Te lephone Number ---------
Socral Securoly No • --------------
·Hoi,.,.. .. •' -..,~ .,,.. 10 •"•..u. .,hiiC •t~CM •cc •u ~ ,,,. t"'ff • cwrtcr .,
~·MAI 'OOI'Ir 01•
FEE S 140 00 Enclose Faa Ma ke cllecka pa yable to
Un1ver s•ty of W•aconaln...£xt ensk>n
Gt:NEIIAL IHFOI!MATIOH
A c e rt' clfe of Part1e 1pahon 11 pre fl'1ted lo "'"""' 1e •st re nt
l'qQCH OrNGS ARE HOT PUBLISHED
l'tt~IJI M h-1:1, ,__ O..Cior
Jean JoMa.., ,.,.,._ Mala-1
D panm.,t of f.n.......,.. a--..
ur ... a,.tty of Wla c..,..., r • .......,.
4 2 Nor1h lake •~-
M loon, Wi noe
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CONSTRU TION CONTRACT
The twenty -first annual institute in cooperation w ith the Northcentral Region of the Com
November 5-6, 1981
PURPOSE
Ea ch year th e construction rndustry faces m any
challengon g problems that ere brought a bout by rap rd ly
cnangong practoces end technology To cope w oth th so
problems uhllltng the latest techniQues r Qurres a con·
slant exchange of new rdeu and pra cttcal e•p~mences
In thiS veers twenty·ltrst annuel 1nstotute . desrgn
protess1on ats, spec1f icatoon consultents. and an al ·
torney will took al naw ways for developing eflectove
contrects and specifications.
New dtreclrons on contract and specrftcatoon d •elop·
mant era ra ulttng from fe edbac on rec nt contr act
pro I ms a nd chang rng contractue l relatoonsh rps Tho
I edbac IS pro ldtng the stomulus to create more eflec
tova con ra cl documents lor future bu oldmg pro1 ct
Soma of the latest techniQues us n de•••O P •" pre
panng a nd updattro g 1 cr!o,.attons .,. II be • ntof ad
soecoa lt sta '" the Constructoon l ndu alry
'AIUICIPANTS
Th pr 1 m II I n for Arclltt I I ra
S 1ftc at10n Wrot ara Contre c1or1 , Mltan al upplta ra
and others concer with tlla pra ra tion on r.rpra te
t10n or rmpro •-nl of contra ct u-nla
l"t41LI~ Ill . llNN TT, Arctl otact Pro rem 011 a ctor,
De p a rtm e nt o f n g 1n e ron g e nd Ap lo ad C:1 a nca ,
Unov fi tly of W11 con lln· at an a10n We , 11. W I
a on
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WILLIAM E fiREMA N, P E . CSI, Pres•dent. Bremen
l erpHses. Inc. Secretary, Ed ucatron D"ector. Cer
Iowa Chapter CSI, Wes t Des Mo·nes to .. a
TERRY ltROWN , CCS. Assocrate V•ce Pres•dent Pe,
CorPOrat ron . Drrec tor, Education Charrman . St L
Chapter CSI St Lours, Mrssoun
JOHN L CASEY, CSI. Presrdent Ca sey & K1n g Corp
lion, Education Comm 1 tee C a rrman M •t wa u
Chapter CSI M ilwaukee, W rscC'n s •n
fliiEDERI CK P CHAE L, CSI Procureme ~l Mano~
Bleck & Veatch . Educatoon C~a orman KaMa
Chapter CSI. Kansas C1ty M ·SS')~;n
C.,_ Jac
Coneu lo ant , Drr actor Mrn
M on ep04o Mrnnaeo tl
c.-a T~fll A. vn., c 1 An 11 te Pro'•
Oa p a nma nl of A rchit ec ture fduc e toon Cn a •r
Ce ntral II "' 1 Cha pte r C SI U' a ~a .lhno•
JOMtC II ICC HI .. , RA CSI Pr .. rde nt Profau on1 11
munoc atoona ln t t1tut e . Educetoon Cr>a rrm en and
voaor Na ru a Cha pt r C I Lincoln ebr u 1
MAX L HAII~IN ,CSI. Pertn r t.la r a 1 Schard
Aa 11 111 Ftr el Vrc:a Pru nl & Ct>etrm an ol (r
lton Commott lllowa C he pt r C I tta n rl , I<
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NTRACTS AND SPECIFIC ATIO S
1-4'thcentral R .. on of the ConatrucUon Spec:lflcationa Institute.
al!fMAN , P E .. CSI , Presiden t. Bra ma n En -
• Secre tary, Educa tton Otractor. C entral
·~ CSI. West Des Motn es , Io wa
'fM ,CCS Asaoctata Vtc t Praa iden t, Pea rce
• Otractor Educ a tton Chat r ma n , St Louis
· St Louts Mtnourl
·~. CS I, Praa tdent , Cuay l K inv Corpora -
~on Comm tll ta Ch a i rm a n. M il waukee
> Mtl wau ••· Wtsconatn
II. ,. CKAIL, CSI , Procureme nt Ma n a~r
•u ch. Educ at ton Cha trm a n. Ka nu Coty
> Kan sas Ctty M t uou r~
T GI!AY , A l A, CSI . CCS, Otractor of Fo e td
a t Spaclftcatton W r~t a r Potier Lawaon
AlA Pres td e nt. Ma d•son Chapte r CSI ,
~ tconsm
~O IIlN , CCS A lA CSI, M anager of
e T~e Sen mmer As octllts, Inc. A g n
~ a tman and lnslttule Certthcalton Co
I ka Chapter CSI Omaha. Neb< as 1
A , AlA , CSI. Otr ~to< of Archtt Clute
11 A.,. umb A<chtltcta Educat•on Chat•
a•Cl 0 rector , Cnoca go Chapter CSI ,
Jac L nd rnan-Spa t.callon
neaPOII· t Paul C ap: < CSI,
II A MOYI!:II, C t, Aas octate Proteuor .
f Arcr ttcture Educa ton Cha rm an ,
1 Chapter CSI, Urbana lll•no•s
~fNI RA CSI. Prestd nt. Proftsatonal Corn •
a lnattlutt. Educatton Chauman and Ad ·
a a Cn apter CSI , Ltncoln. N bru 1
SP£AK£ftS :
Clfl J . ...,._k, CCS . CSI, Chta f of Spa ctltc attons
HOR , Archtlactura EnQ tn"rl ng Pla nntng Syste ms and
Sc ta nca . Omaha Nebraska
Mat1iol J. .-.... CSI . Al A. Exacultva Vtc a Pr as tdtnt,
Smea lltt Ornck Janka , Ar cht tacta Ltd , Educ ation Com
mttlae C ha ir ma n for Mtdd lt A lla nite Reg ion of CSI
Ba lltm or a , Maryland
CIM D ........ CSI , Al A, CCS . Prtstdent Southwur
Spa ctftcat •on Servtcts Ma ta r~a l s and Spactltca ltons
Consult a nts tn s lruclor on Otltce Pracltce and
Spectl tc attons Collag e of Arch ol tclure Umvers•tY of
Houston H ouston. Teu
J IW'it, ESO Al A. C I A ttorne y•II·Law J
Norma, Sr a• Cornpa ~y L P A spec.altzes on Con -
struct•on La w Contra cra and Cl a ·ms , Faculty m mb r,
D•v• on ol Con 1•nuong Edu al ton, Cl ew e•and S a •
UMrer •t y Me mber of Construe lion Industry Ed<.~ca • n
Commottee and member of th a !tonal Pan of At b ra
tors Construcloon Ctaoma Ct •• nd 0 10
Ro bart L Vfaanl , Vt ce Pr &•dent Ma •nellt ConslrucltOn
Cc-mpany , g naral conrraclora apac ailztng '" th con
s rue •on of cornm rca! lndu• rtll and lnatolul onat
la clltl•ea Omaha Nebra ka
PROGRAM
Thurad•y, Novemb r !5 , 1G81
A.M
100 llet• ·-The W• eona•n C•nt '
702 LanQCi on '' tl
MldttOt'l W itCOMtP\
I 30 w • alldlfttroduc-
n·~ M h nnau
Pr ra"' O•rtetoo
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I 4 5 COMIN<:-Coet c-.... Tlw ....... Drowon ..
~lk•-•-CenlrK io -La .. l ond Cost ...._ .. ,.,.y .... _........,.
1000 c
10
ooalruchon Law H•story of Ct11 ..,, a
Conslfuclton Prob'-m
onat u(.hon Contr a ctt and Docu ,., '
Prmc1p1es of Contra t L aw
P a rt11s
Bas c Form11
Types
Conatruchoo Oocu me 111s
Pr t ue nc•
lmponant Pr 1'W II
lang -•Of' P t, • w;; 'I'' I
ModfCI1 ,,(' ••
Chan
12 00 Lunch
... •
3 ·1 0 Controlling Project Cos'-Throu gh Speclftcation
Development Proc:eas
~c.~aling an Outtme Speclf•c atton
Gutdelines
... Procedures
Need and Benef1ls
e Type of Specehcallons
Performance
Descriptive -Prescnpt1ve . Propnetory. Reference, Cash Allowance
e Technlcal Content
Extent of Description
Language
e Format and Appearance
e Sechon Development
General
Product
Execution
Performance
SpeM.,.. Martin J Janka
CIMtO e
4 45 Adjournment
5 00 Hovt
e oo o. ,..r
TheW acor.s•n Center
7 15 c.... llnt ... .....,tC..ta "l'htwth lloeclllcallen
O..........,ant""""'-a -ho_C........,_
e Mer r•a l Re1 I 'C 1nc:1 nfOf I I• ·~ H a ru:thng
Syate ma
Ooeumanlallon
Keepon Data Curr 1
e S 1fyorg Proctucls
e Setllng Up Opt00<11 o ~d A r a e
e DeveJoorrenlel')d Ut Oi Mas·•"
e Aepeht•on a nd Cr •• A Jere
.....,...,.. CfMtO .... --.J.-..
tOO
Friday, NovMiber 8 , 1G81
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Scope
T•m mg
Spec•• I Cond•tton s
e Fast Track Pro,ect SpectfJcahons
Phased Constructton
e Spec,fying Execuhon and Compliance
.Oueshons and Answers
Speake,..: Cart J . Agelt>eck
Martin J . Janka
10:00 Cotleeand Conv.,.a tion
10:30 ControtQng fl'roject Coota Throuth Speci flcdon
Deveto plftent l'rocaoo -S.ulon C....lrnued
12.00 Lunch
P.M.
1 :00 Controlling Speclftcationa fl'roduction Coo'--to Y0<1r
Firm Maklnglfte leot Uoe ol Au tom a don ""d llandartllution 7
34
e Hardware Software and Sys tems
e Automauon vs Cut and Paste
T1me Savmgs
Oualoly
e Use of Master Soec•f•cat•ona
Relerence
O•rect
Overall Sav1ngs
Benehta
eAu a ngementand Form
o ... erau Appeara nce
Ouahty of Document
P< UCh<'" Method
[Qt. ument
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FUTURE PROG RA
Pre• nhng Bu•kl•n D••• n •no Con atruct
No•em r12 ·13 1 81 ,Call Dtlt2 3 ·4
Pr ram D~re ctor lor brochure
.................. ot t ,,
e ...... Cf U'1 , • .._. •
... (. t ... " ,... , ........ .., ......... , .... . .... . ..
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