HomeMy WebLinkAbout1980-12-08 (Special) Meeting Agenda•
• -
City Co~U HH U aa -..,_.,_
O.ce.be r ~. 191t0
5'
•
• •
0
0 • 8~ 7 X ';,< , :i:>NVNIOHO
H ''J~ 't:~ ' c; /I NO IJ. 'JOS3M
•
I . •
• •
•
•
S PECIAL HF.!-:TtN ; ·
Ol Nr 1 •
C TY Or t ~GI f.
0 Ct
Th C..i y C
Co un y, Co l o r do, m
at 7 ·30 p.m.
•
• •
A
fo.,
Arapaho
r 8 . 19 0,
May o r 0 , pr sidln . c ll~d h ~~tin o o rd r .
Th 1 nvoc ion
Fl z p r c k. T pl d
Tr o p I 2 .
Council
wa l d
Mayo r 0 1 o r r oll c 1.
r o ll, lh ol l owing w r p r s n: pon
Th o m a
Scou
c 1 o the
Co un cil M ~m r s Hlgd y , N 1, Fl zpa r ic •
K \'n , 811 . Br ad h a w, 0 is .
Ab s n No n ·.
Th H.t yo r d. l r ·d quor um pr n
* * * *
Al o p n .. 1.'0 w r
Wanuah
Witt
x o fficio
r Higbee
Finance
A Co t!II!Unity
0 p u
* * * * * *
co
THE REGU LAR
s co nd d h ~
a ol l ow
NCII. MEMBER 'FE A HOVEO TO APPRO VE TH E MINUTES OF
ET IN C Or OV MB ER 17, 1980 . Cou n c il Memb r Bllo
o Lon . Upon a c l o th r oll, the vot r sulted
Ay l'S . Council M m ·r H1gday, al, Fitzpatrick, K na, S i l o , Br ads h aw, 0 is .
Na y s. one .
Th Mayor d •cl a r d th ion carr l d .
* * * * * *
•
I • •
•
D cemb ·r 8. I 80 Pa 2
OF' THE
Bilo s
r ault
0 N IL .M:HL:R f'.
SPF.CI AL ~.H.TING Of"
cond d th tion.
d o lo ~o~ :
Ay s
't..: n '
Nay Non
Th Mayor dec l
•
• -
AD. I!At,.l . O'.'f.O 10 APPROVf. Hf. Ml UTES
OVfHB R 2 , 0 . Cou n ct l M
U on c I I ol h~ ro 11 , h
Hir,duy. dl, F zp trtc ,
.uJ h w , 0 1 •
d h mot ion c r led .
.,. * * * *
Lowry d
n c Dtr c or
Ass oc i
Mr. Lo ~o~ry h nk~d Council o r thi r co nition .
Pr -s hcdul d vlsi o r, Ld r y Dunlnp, 820 on , Littleton, app a r d or· Councl I. M • Dunl p s a
sented the Mylon C . Jaco Supply omp any, In c . ln a r qu
Council to ls .uc lndus rial rev nuc bond or w r•hou e facill y
at 2614 South Rari an Cir lt', En>l •wood, Color do . Mr . Dunlap
stated th company h d r o wn i 'pr•s n ctli y nd n • d d to xpand .
COUNCil. 'MB ER FE A OVED
CEED WlTH TH£ lSSUANO OF I DlJ :TR fA L
MY LON C . JACOBS SUPPLY OMPANY. 1 C .
se ond d he mo ion . c, 11 o as follo ~o~s :
TO t 'T UCT ST AFF TO PRO -
fVE Uf BOND REQUEST FOR
Coun 1 l M m er Fi zpatrlc
h roll, h vot r sul d
Ay s:
Coun il M mb rs Higday, N al, Fitzpatrick ,
K na, Silo, Brad h w, 0 is .
Nays : Non •
Th Me yor dcclar d th tion rr i d .
* * * * * *
•
I • •
•
•
• •
0 c~m r . 1 0
p 3
D1r c o r o
t-
In
lc l ly ..,ard
Hr . Bt
llity o f tin h e va 1-
m
1 ms
h m
Hr. Br •nn m n
e pu ll c l fund•d
Hr. Br nneman s
Council fo r u
oun y h d no
* * * *
pr ob bly ..,ould not
o wo k ..,1 h hird
nee compan l.
o brin th pro -
ion and to n ot i y
s contribution it her.
Th r • w rl• no o h •r p c-ch d ul d vi it o r .
* * * * "II
o o h r v i l o w
tn wa ndcr h Qpe c l 1 d o p • k sine this
CO CI I • BER EF NA MOVED TO OPE N THE PUBLIC HEAR-
I NC 0 CF RN I G ZO 1 G CERTAI REAL PROPE'RT Y ANN EXED TO THE CI TY
Of E GLE WOOD, COLOR ADO, 1-l, LIG HT I NDUSTRI AL DIST RI CT, AND
AMEND I NG ZO N I G HAP 1 ACCORD AN CE . T HERE WI TH . Co uncil Membe r
Fi zpa rick •c o nd d th mo ion . Upon 1 o th r oll , the vor r sui d fol l o w ~..
Ay
Co u n ci M mb rs Hid y , N al, Fitzpatrick ,
Kc('n , ilo, Br dsha..,, Otis .
N ys · on .
•
I • •
•
•
• •
r , I 0
Th
ht· r-, lon carr ltd .
Th r w s n on• o sp k in f vor of hi cr.
Th r w s no on 0 p k in his mat r.
COU NCIL MEMB ER KEENA MO VED TO CLOSE
lNG . Council M mb r Fl z p ric s cond d h
call of the roll, th r "lult d s f ollow
HE PUBLI C HEAR-
tion . Upon a
Ay s :
Nays :
Cou n cil M~m r s Higday, N •a l, fi zp ri c k,
K ·nn, Bil o , Br dsh w, Otis .
None .
The Hnyor declared he motion arri d .
ORDINANCE NO. 55
SERIES OF' 1980
* * * * *
BY AUTHOR rT
COUNCIL BILL NO. 62
INTRODU CED BY COUN CIL
MEMB ER KEENA
AN ORDINANCE ZON I NG CE RTA I N REA L PROPERTY ANNF~ED TO THE CITY Of
ENGLEWOOD, COLORADO, I-1. L.lGHT INDUSTRI AL DIS RICT. AND AMEN DING ZONING MAP IN ACCO RDAN CE THEREWiTH .
COUNCIL HEMBER KEENA 1-fOV ED TO PASS COUNCIL BILL NO. 62 ,
SERIES OF 1980, ON FINAL READING. Coun il M mb r Bradshaw s c-
onded th mo i n . Upon a call of th roll, th vo r sult d s follows :
Ayes :
Nay s :
Co un cil M mb rs Higday , N al, F'it zpa r ck,
Ke na, Bll o, Brad haw, Otis .
None .
-
I • •
0
•
•
0 c mb r , 1 0 p
Th yor
•
• •
c I red h ion c r i ~d .
* * .. *
.HBER FlTZPATRl V 0 TO OPE N THE PUBLIC
HEARING ETTING ~ RTH THE PAR A.'1ET ERS OF nn: UPCO MING SI NGLE
fAMILY RTCAGF RFV ~. UE NO PRO RAl'1 Or THF C..ITY Of ENGLE WOOD,
Ol.ORAOO . Coun I Ml mh •r ,. 1 cond d h o n. pon a ca ll o th r oll. h ul
Ay 11 .
Nay
Counc ll •m
K n . Bt lo,
Non
1, Ft :rpa ri c k ,
Th M< yo d cl red h mo ion c rri •d .
Ct
fo r pu lie co11111
pprov 1 o hi
app ared
fled h
g r McCo wn s
Hr. McCo wn w s pr eented
r co11111 nding
out
Hr.
a ter the
wlshin Ma o r 0 i a k d l
t o sp ak in fav r o th•r w anyone tn the audt nee
th pro ram . No one responded .
Mayor 0 is ask d tf thcr • w
wis ing to p ak again h pro r m.
Counc 11.
was v il
Mr. Bak r
loans h
prop r y .
d th to singl -family, own r-occupied
h rd to control h fac ha h
rent d out af r h r
i n volv d .
nyonr in h audi nee
•
I • •
n
•
•
• -
r 8. l 0
Hay o r h lnt nc i nn w a c 1 • rly point d ou in s c i on 1 (n).
Da vid Wil ln a , 1105 w. p in Ct.', p p r d b for
th Coun il. Un d r o l h , Hr. Wil in th r w c.. rt amount of lim f o r o c up nc y o hom· p r o n co ul d r
it.
Hr. Bi ho p at ~d th t r qui r m nt was t oo diff ic ult to contro l.
Coun c il H mb r K na s a t d bo u t the o nly pla c e
where th re was any c ontr o l wa th bank in processing the
original appli c ation . At that po in nd t im . th r was a
subetantlal amount of financial dis cl osur . Ms. Keena stated
the odds of an individual rcce ving th loan, turning around
in six months to buy th se c ond ho u • nd r ntin g o ut th first one would be slim .
Th rc w r n o u rther CO llin nt s .
COUNCIL MEMBER KE ENA MOV ED TO CLOSE THE PUBLl C HEAR-
I NG. Council M mb r B1l o c oodcd th motion . Upon a call of the roll, th vo r e ul ~·d s o ll o ws :
Ay es :
Nays :
Cou n J l Me mber s Hfgd y, N a l, fit z p a trick,
K n Bi lo, Br ds haw, Ot is .
N n
Th M yor decl r ed th mot o n srr i d.
ORDINANCE NO. 5
SERIES Of 198 0
* * * * * *
BY AUTHORITY
COUN IL BILL NO. S
INTRODUCED BY COUN CIL
MEMBER HlCDAY
ln
•l l
I • •
•
•
• •
AN ORDINANCE S TTINC fORTH THE PARAM.t.Tr S OF TIU. UPCOMIN SI NGLE
FAHlLY MORTCACF. REVENUE BONO PltOCRAH OF THE CITY OF ENGLEWOOD, COLORADO.
CO CIL MEMBER HiGDAY
SERIES Of 1980, ON FINAL RPADIN
h motion. pon a c lt o h 1ows :
VED TO PASS CO UNCIL BILL NO. 65,
Co un cil M mb r Ke na seconded
ro1 , h vot~ r ault d as fol-
w r
Ay 8 :
Nays ·
Th May r
Non .
Hi day, N al, flapatrlck,
dah w, 0 Is.
c lar 'd rh mo i on c rrt d .
* * * * * *
"Coii'IT!Un icn tio ns -No Ac ton R cormt <>nd .d" on th agenda
(a)
(b)
(c)
(d )
( )
(f)
(g)
(h)
(i)
(j)
Minut l' of
App ala m
Mlnu N o
Gov rnm•n
he Bo rd o( Ad j ustm nt and
ing o Oc ober 8, 1980.
D nver Reg ional Council of
t lng of Oc ober 15, 1980 .
Minut o f
Co rmtl ssl n ' he Board o Car r Se rvice
s m tLng of October 16, 1980.
Minut of
o Oc o nr he W r nd S w r Board meetings
and Nov mber 12, 1980.
Mlnu o h Hou ing Au hority meeting of Oc oh~ 29, 9 0 .
o h iquor License Authority
m Nov mb r 5, 1980 .
0
of h Pl nning and Zoning Co mmission
so Nov m r 5 and 18, 1980.
o h Publ ic Li r ry Board meeting mb~:r 12, t 80 .
o h Down own Dev lopment Authority
Nov mber 12 , 1980 .
o th Parks and R creation Comnia -
Lng of November 13, 1980 •
I • •
•
•
• -
. I 0
CO NClL Hf:MBl EfNA
NO ACTION RFCOMM.ENDf:O" AGf.NDA ITt.
b r N al e cond h > ! on .
TO ACe~ PT "CO ICATIO !:i -
(A) -5(J). Counctl M m-
r aulted aa ollowa: e 11 o h r o 11 . vo
Ay a :
Nay s.
Tht!
Co unc il M mb •r a Hid y , Ne 1. Fi zpatr1c ,
R n . Bl1 o, Br d h w. 0 is .
None.
vor decla t· d < mo I on l d r r 1 d .
r U<'
ion l I
r o und o r
1.
COU NCI L M.f.MBf.R BRADSHAW MOVED TO AL LO W THE DISTRICT
TO ANN EX THE AREA DE SCRIBF.D AS S PPLEHF.NT 12 TO THl GREENBELT
SAN ITATIO N DI ST RI CT . o unc 1 Mlm •r rlt~patric cond d th
motion . Upon a c 11 o t he r oll , h• vott• rc ul d follows :
Ay • Cou nc il M<•mbt• Hq~dn y, al, Fi zpa ri k ,
K cna, Si lo , Sr d h w, Ot 1 •
Nay Non<·.
Th Mayor d •clar d th ion c t'ru~d .
* ~ ~ ~ *
M yor 0 is pr •s entcd Cou nc 1 Co mmunic ion rom he
Pla n ning and Zoni n • Commi ion m c ing o Dec mb r 2, 1980, con-
cerning th findin o f ct o r 4545 Sou h 0 a St r and 1501 W st Tu Av nue .
COU NCI L MEMBER KEENA MOV ED TO RE CEIVE THE fi NDING S OF
FACT. Council M>m r Bil s co nd d th mo ion. Upon a call of the roll, th • vot r esult d ollows :
Ay s .
Cou n cil M mb rs Hid y, al, Fitzpatrick,
K n , Silo , Brad haw, Oti s .
Nays · Non
Th Ma yor d cl r d the ion ca rri d .
* * * * * *
I • •
•
•
• •
CO N IL Hf MBER BRADSHAW MOVED TO INSTRUCT THE A INC
ClTY ATTORNEY TO I Rl:.PARE AN ORDINANCE APPRO lNC THf. CO NTRA CT .
Cou n 11 M mb•·t N I ond d h mo ion . Upon c 11 o h roll, h vo ... r ul folio""
Ay
Nays
CounLil Mcmb
Bilo,
one .
Th May r d c 1 r d h mo ion c r r 1 d .
* * * * *
BY A THORITY
1, Fi zpa r ick ,
ORDINAN ~; NO . 7
S RI ES OF 1980 0 GIL BILL NO. 36
l NTRO D CE O BY COUNCI L
KfH.BFR r HZPATRlCK
AN ORDINAN E RE ZO NIN G CERTAT REAl. PROPERTY WITHIN THE CIT Y OF
ENG LEWOOD, OLORADO , fRO M R-1-C , • INGLE-F AMI LY RE S ID ENCE, TO
R-2-C, MEDIUM -Dl:.NSITY RE SIDE NU. AND AME NDi NG THE OFFICI AL ZO NiN G MAY .
COU NCIL MEMBER FIT PATR ICK MOVED TO PASS COUNCIL BILL
0 . 3 . SERIES OF JQ 0 . Co un i i M mblr N al seconded h motion .
Council M mber Fi zp
inane . Mr . Fi zp ri
property could only
his o r
thac-th
If s at d r zon ing h • ar~a wo
rick o ke in opposition to
k sta d h wa not convin ce d
u ilJz d m dtum d n s ty .
1d be spo zoning i n h is opinion.
s at d th
d g ne r 1
Council Hem r Bilo spok in oppos tion. Hr. Bilo
r zontn d via ~d ·rom th Comp rehensive P l a n and d he slngl -am1ly cone p •
r Kc na spo k e Ln a ver of
ordina n c h re wa s compatibl
this ar a, 654 of pcopl on the b ock wan ted
a nd t h e Pl nn ing and Zoni ~ Co mmissL on r omm nd rez o ne.
•
passing the
zon i ng around
it r zoned;
d approval to I • •
•
0 c mb r . 1 0
Pa 10
o r dinanc
ing b C8UII
ing IU j C
lie Works 0
•
• -
~ia ing wa r linPs .
pr 1 rvin atn ]p f
caa for r zonin h
Bradah 1w stat d the
tlon in her orinfon
tain h
ke ping
m t th
add d
homes cou
1 way.
ovt-rall n
wi h Ms. K
a lo of b
R-1 ar a in
would b good
Upon a all of h roll. th vo sulted aa follows : on the mo ion r -
Ay es :
Nays :
Councf 1 ('!llb •r Htgday, N al, K na, Br dsh w.
Cou n cil M m rs Fitzp rt k, Bilo, Otis .
The M; yor d cl r •d th • mo !on c rri d .
RESOLUTION NO. ~~.
SERIES OF 1980
* * * * *
A RESOLUTION PROVIDING FOR llf: NO TICE OF ALE 0 SPECI AL ASSESS-
MENT BONOS FOR 0 WN TOWN I ROVEMFNT DIS RI NO. 1980-1, IN THE PRINCIPAL AMOU NT OF $398, 00 .
S t B ll, H nl n, Imhof, Inc .. app ar d before Council . Mr. 8 11 ~plain d and r comm nd d p s age of the
resolu ion authorizin th sal dat tor th bo nds as January 5 ,
1981. Hr. Bel l stated b t r bid would be r c iv dafter the
first of th year and the r would b no postponement of delivery
of proc eeds wh ich w re sch duled for the last of February, 1981 • I • •
•
•
• -
0 cemb r . 19 0
p 11
SE RH.S OF
COU N '1 L '1F HJH R
1980 . 0 PASS RESOLUTIO N NO . S 1 ,
l 1 of Coun 1l a cond d th ion . Upon c lh r o l
Ay
Na y
The
Ac in
document "mot ion
th Ci ty o f En 1
to
o n th
yor
h v
n .
On ('.
cl r d
.. *
follo ws:
1, Fi l.pa ri c k, ••
ion c rri d .
* *
d c pl. a of he
V rn Mann va.
" * * *
d p nding lawauit
true ion Co mpany, the
and Gu r nty Co mpany.
a compl int y R liab El ct ri c
Co n s uc ion Compa ny for work
CO NCIL M.EHJ!ER KEE NA HOV D TO AUTHOR IZE ACTI NG CIT Y
ATTORN EY DE WITT TO FlLE A DEF ·N:E l N THI S CASE . Cou n c il Member
Fitl.patrick s cond ed th m on . pon a call of the r ol l, the vote r sult d a o ll ow :
agains
r ctor o
by Larry
Coun Mcmb>r Hi gd y, Neal, Fitl.patrick,
K en , Silo, Br d haw, Otis .
Nays : Non
The ~y o r d<•cl r d he tion rri d .
A lingCtty
Polic Chi
Employ
L yd on on
* * * * * *
a c u s d the complaint brought
Man g r Andy McCown, Di-
nd th City of Englewood
COU NCIL MEMBER BRADSHAW MOVED TO AUTHORIZE ACTING CITY
ATTORNEY DEWITT fO DEFE ND THE CIT Y I N THIS MATT ER. Co uncil Member
N al s con ded h mo ion . Upon a call o the roll, the vote re -s ult ed as ollows:
•
I • •
•
• •
. 1 8 0
Ay 1 : Council M m l . F zp trl c ntt, llo,
Nay N on ~.
Th Hay o r
A tlng Ci y At o rney
brou ht a ins h li y y
c rtain injuri Ms . Hudn II
aidewalk in h City o ! En 1
*
ion c rr d .
* * *
o f
COU N II. MEMB ER KEf NA MOVI:.D TO A TllORIZ ACTI NG ClTY
ATTORNEY DEWITT TO DEFEND THE CIT Y IN THIS MATT R. Council
Hemb r Fltzpa ri c k cond d th mo l n . Upo n c all o th
roll, th vot r sul ed as ollow
Ay 11 .
Nays :
Council M m r Hi d y, N al, Ftt z patri k,
K na, Sil o, Brad haw, Otis .
No n
Th Mayor d cl r d th mo ion c arri d .
* * * * *
Acting Ci ty Att o rne nt d the orde r rom
the District Court cone rnin g s o f Wol Ny o idaway d /b/a
BIT Oriental HasRage vs. ity of En l wo od, Colorado Department
of License and Finane . Gary Higbc . Dir ctor o Finane . Mr.
DeWitt stated th order dismiss s he app al and h cour t agr cd
with the City's po iti o n th t he app al was improp erly plac d
in District Cou rt. Mr . D Wi t ta d t c hni c tly the ppeal
should have ben o City Co un c il. Mr. D Wi t discussed the
status o this c s goi n g hrough ano pp al pro ess and
stated h woul d k p Council up to da thi c a .
Co uncil
could impose a
through som o r t of
i Cou ncil
H r ng Off ic r
as .
Mr. 0 Wi t sta cd h would r s r c h the qu stion and report back to th Cou ncil.
* * * * * *
Acting City Atto rn y 0 Wi t presented the Findings
of Fact and Conc lusion i n he matter of the application f rom
Lyn n e F . Smith, Micha 1 L . Coo per, E . J. Crabbe, tc . tore-
zone the 4700 bl oc k o So u h Ba nnock rom R-1-C to R-2-C .
I • •
•
•
(
0
p
or f ACT
BANN O
c
was
v n
co m
11 0
r . I
Ay •
Nays
Th H
0
Co unc
Br d haw,
Co unc
yor d cla r d
* *
•
• -
VF'
Hi d y, N
F'i zpa ri c
h mo ion ca r ri J .
* ... ... *
d
1.
pon a
k n a ,
Bil o .
o go
Hr .
o r d r
to
Actin Ci y At o rn~y D Wi ssion with Council . ked for x ecu iv
m tin a
a call o
May o r 0 L dec 1 r d a rc c s 9 ·0 5 p .m.
t o the
Up on
Co u ncLl Memb er s Higd a y, N al, Fitzpatr ic k, K ena , Bilo, Bra d~h a w , 0 is .
•
I • •
•
•
• •
D cem r 8, 1980
Pag 14
Aba n · Non .
Th Mayor d cla r d quorUIII pr 1 n •
Mayor Otia atat d th r comm nda ion for th award of
the conatructlon of th drain and qualiztn pip a, if approv d,
would be in violati on of the Chart r v n hough it would b
aavinga of mon y . Mayor Otia urg d d f at or this r commenda-tion.
COUNCIL HEHBER FITZPATRICK MOVED TO DENY THE REQUE ST
FOR THE MUNICIPAL GOLF COURSE DRAIN AND EQUALIZING PIPES UNTIL
PROPERLY PUT OUT F~R SEALED BIDS . Council M~mb r K ena s cond d
the motion . Upon a call of he roll, th> vote resulted as ol -low a:
9 :15p.m .
Ay s :
Nays :
Co uncil Members Higday , Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis .
None .
The Mayor declared the motion carri d .
* * * * * *
Th re was no furth r busin as to b discussed .
* * * ~ * *
COUNCIL HEHBER HIGDAY l'I:>VED TO ADJOURN THE HEETINC .
Mayor Otis ad jo urn d th m ting wi hout a vote at
11
y C ity
I • •
(
S PECIAL HFfTJN ·
COU tW!J.
C ITY 0~ f . GU.
0 Ct!ll
•
• •
Th C1 y Cou ncil o th Ci ty o
County. Color do. m· ln sp cl l salon
7 30 p .m.
May o r O 1, pr !din,. c 11 d
Th
Fl .tp tr ck .
Troo p 192 .
M y r 0
roll, th o llow l 11.
ADO
pon
lo..
Arapaho
r 8, 1980 ,
in g o ord r .
1h o m s
Scou
11 of the
Fi 7p ri c k,
A n . Non
Th May or decl quo r pr nt .
* * * * * *
Also pr s n w r
co
THE REGULAR
s conded h
a follows :
A
A
* * * * *
Wanush
Witt
off icio
r Higbee
Finance
or o Cormtunity
Romans
rk Watk ns
NC lL 'MB!::R KEENA MOV ED TO APPRO VE TH MINUTES OF
fTlNG Of NO V~MBER 17, 1980 . Coun 11 Memb r B lo
o !on . Upon a c l of he roll, th vot r sulted
Ay s . Coun 11 M·mb r s Hi gday, N al, Fit~patrick,
Ke na , Bilo, Br dshaw, 0 is .
Nays Non<•.
The May or dcclar d tion carri d .
* * * * * *
I • •
•
r . I 0
COUNC..ll o~· Tlit. S P ClA L Mf
Bllo • cond~d th
r eult d ae o l lowa :
Ay II .
Non
•
• -
BRA Du HAI.' MO 'l.D fO AI I' kO 'F THI:. I U I.
OVF H I R 2 , l 80 . Counctl Mem
Upon c II of h o. roll, h
Higd y, l, ri z pa r ic
dsh w , 0 Is .
N•y
Th yo r d c I r d t h ion c rr t d .
* ~ * * * *
d Lowry John
ot F i-
Mr. Lo wr th nkPd Co nell f o r hi r co ni io n .
* * * * *
Pr -sc hc ul d v i 1 o r , La r y Du n lap, 820 4 Llttl ton, pp a r d b f o r • Co un c i l . H Du lap t sen ted h Mylon C. J co b s Supply Co mp ny, In c . in a r l! u Cou n ci l to lssu indu tri a l r(•v nu bo n ds or a w r hou at 2614 South R rit n C 1 r cl En I woo d, Colo r do . Hr. Dunl a stated th company h d ou to JCpand. r own
COU NCI L MF.MBFR KEE NA 0\'EO
CE D WITH THE I SSU AN CE Or I ND UST RIA L
MY LON C . JA COB S SU PPLY OMPANY, I C.
sec o nd d he mo t ion. Up on c 1 1 o as follow
p r f c il i y nd n
TO !N ST RUCT ST AFF TO PRO-
RE E N U~ BONO REQUE ST FO
Coun i M m •r Fi zp tri c
th ro 11 , th vo c r su 1 t d
Ay s :
Co un c il M mbcr Higd ay. N al, Fitzpatrick,
K n , Bilo, Br ds ha w, Ot i .
Nay N nc .
The Mn yo r d e c lared th motion carri d .
* * * * * *
•
ac-
on ,
y
d
I • •
•
0
p . 1 0
Mr. Br nn m n'
a fli ty of
l w
par
bl ms
them h
m
Mr. 8 •nn •m, n
fo r Co un c ll for
th coun y ad
Th r._.• \o1( . n o 0
0 0 ht.• vi si 0
* "
h~·r p
* "
Wt.•r • lng w u nd.._r ht! sp e citl l
* *
•
• •
* * *
" " *
( <:d
* * *
rl Vl 1
0 P "
o rs.
sine
t-
pro -
tfy
1 ther.
thi s
CO NC I . F'MB 'R KFF:NA OVEO TO OPEN THE PUBLIC HEAR-
ING ONC!::RNlNC ZO I G CERTAIN R 'AL PRO ERTY ANN EXED TO THE CITY
OF' ENGLE 0, COLORADO, 1-1, LIGHT i NDUSTRI AL OlSTRICf. AND
AMEND G ZO NING MAP IN AC CORDANCE, TH 'REWITH. Council Memb r
Fi ~p a ri c ks con d d he mo l o n . U o n a call o th r oll , the v o rl'su I d f () l o ws:
Ay es :
Co uncil Memb r s Higday, N al , Fitzpatr.ick ,
Ken . flo, Br dsh w , 0 is .
ays · :-;o n e .
•
I • •
0
Th '1avor ~cl n
A a
Romana, 3 00
fi d tha
o n Nov m
amount of
h rtn
•
• •
'ion c .1rr d .
Th • wa n on to p1 n vo r o f h 1 rna t: r .
Th rt: "" no on 0 hi m •r .
CO N 1 L 1-fr.P•mER KEENA
I NC . Council M ·mb • Fitzp ric
call of h r 11, tht• vo l' r •s ul
HE PUBLIC HFA -
Upon a
Aye s : Coun·ll Mt•m •r , Higdoy, al . fitzp tick ,
K t.'n. Silo, Br dsh ""· 0 is .
N y Non '.
* * * * * *
BY AUT HO TY
ORDINANCE NO. 55 COU CU. BILL NO. 2
SE RI.E OF 19 0 l TROD CEO BY COU NCIL
M~.MBFR EF NA
AN ORDI NAN CE ZO Nl G C~.RT AJ !HAL PROPE.RTY AN EXr:D TO TH~: CITY OF
E NGL E D. COLORADO, 1-l, LIG H I NDU ST RIAL DI STRrCT, AN D AMENDl G
ZONING MAP IN ACCORDAN CF THEREWl H.
OUNCII . MEMBER Kl':FNA VED TO PASS COU NCIL BILL NO. 2 ,
SE RIE S OF lQ 0, 0 fiN AL READI G . Council M m r Bradshaw s c-
ond d h motion . Upon a c 11 o h roll, th vot resul d s f o I lows :
Ay Council .m •r Hi •day , N al, fitzpatrick ,
Ke .na, Silo , Bradshaw , 0 lS .
Na ys : Non •
•
I • •
n
(
•
D c mb r , l 0
p l' ~
HFARINC
FA.HILY
OLORAOO.
(' 11
f o pu
pp t <>V
w
wi s hing t
wish in
Counc i 1 .
w s va i I
Hr. Bak<>r
lo n s h
proper y.
Th 1yor d c t d
•
• •
t r d .
y, NL•.d, Ft zp r tc ,
w, Otis .
1 on c rr 1 d .
o r din n c wa
11 t wa s
out
Hr.
er the
in th audi nee
o n r pond d .
nyon i n th audi nee
r d b fore
bond program
inv sto re.
need d t he
o buy income
a to loa n the money
nts; how ve r, it waa
hou may b r sold or
pe iod of wn r-occupied time
•
I • •
•
r . 19 0
May or
point d ou in
•
• -
ht nun H·n w cl r ly
r S<cc ion 1 (n).
David il ina, 1105 W. Pr 1 nc~
h Council . Und roth, Mr. W!l in
amoun o tim f o r occu p ncy of hom it .
b
Hr. Bl hop
to ontrol . hHt r~qulr m n w 00 di i u 1
Council H mb •r K • na bout h
wh r e th r wa any ntrol was nk i n pr oc s in
o r igin al pplication . At that point nd tim , th r
s ub stanti 1 amount of financial dis c losur . Ms . K d
t h e odds of an i ndividual r ccivin• tp lo n, urning
i n six m nths to buy the s co nd hous~ nd r nt i ng out fi r st on would b lim .
Th r w rc no urth r comrn nts .
COUNCIL HE~lliER KEEN A MOVED TO CLO E THE PUBLIC HEAR-
INC. Council Mcmb r Bilo d d he mo n . Upon a c 11 of th roll, th vo 'r •s ul allows :
A ye s : Co un•i l M•mb•r · H ~d y, 1, fit zpat rick ,
'en . Btlo, Bradshaw , Otis .
Nay s : Non
Th Ma yo r d c l r d th rna ion r r i d .
OR DI NAN CE NO. 56
SE RIES Of 1980
* * * * * *
BY AUT HORITY
COU N IL BI LL NO . 65
I NTRODUCE D BY CO UN CIL
MEMBE R HI GDAY
•
I • •
(
•
•
(
•
•
• -
AN ORDI NAN CE SEITL NG f'ORTH TIH. PARAM£TfRS o .. TH .. U CO MI N SI NGLE
FAMILY MORTGAGE REVEN UE BOND PROGRAM 0 HE CITY 0 ENGLEWOOD , COLORADO .
COUN CIL MEMBER
SERIES Of 19 80 , ON f NA L
h~ motion . Upon c 11
lowe :
HlGD AY MOVED TO PASS COUNCIL BILL NO. 65,
READ I N • toun c 1 M m r K na a cond d
th roll . h vo • r ault d as fo1-
w r
Ay es :
n • ay, N al, F'i z patrl c k,
w. 0 is .
Nays Non
The Ma yor d cl r •d carri d .
* * * * * *
"Conwnu nic Ions - o Ac: ion R cormJ nd d" on he agenda
(a)
(b)
(c)
(d )
( )
(f)
(g)
(h)
(1)
(j)
Mi nut s
App als m
Min ut o h
Gov rnmen s m
rd of Adjus m n and
Oc o b r 8. 1980 .
D nver Re gional Council of
ring of Oc ober 15. 1980.
Minu s o th~ Bo ard o Ca r r S rvice
Co mm is i o n rs m i n g o Oc tober 16, 1980.
Mi nu es o f the Wa ·r nd S wer Boa rd meeting•
o ctobe r 28 an d Nov mb r 12 . 1980.
Minu e of h Housin g Authority mee lng of Octoh r . 1 8 0 .
Minut s o h Liquor License Autho rity
m t i n o Nov mb r 5, 1980 .
Minu s o t ~ Pl nning and Zoning Co mmisaion
me ings of Novcmb r 5 and 18, 1980.
Minu •s o the Pu lie Libr ry Board meeting
o Nov mb r 12, 19 0 .
of the Downtown Oev lopment Authority
of Nov mber 12 , 1980.
Minut s of t h Pa rks and Re creation Commia-
sion m ting of No vcmb r 13, 1980 •
I • •
•
-.....J
•
•
• -
• I 0
CO NllL ~liiH lt'Ff.NA M VLO fO A<.:CE PT "CO HM Nl '
NO ACTION RE CO r-tKFNDI:.D '' AGfNDA I f. s HA) -HJ) . Coun 1 M m-
brNalllcondd ht tn . pon clio h t•r oll, h vo reaul d •• ollowa:
Ay II : Council M mb I Hi ~~d y , ul, Fi t7pa ric . ((n Bilo, Br d h W, 0 i
Nay l n
Th M< vor d t•c I r d ion c rrit.d .
.... * * * *
from
into
pr • Lntrd a Cou n cil Com-
r d cone rn1ng r u s
d
x ddition I land
h backgr o un d o r lhh r qu
app r ova .
COU NCIL MEMBF BRADSHAW MOVED T AlLOW TilE Dl::.TRtCT
TO ANN~:X TifE AR EA Dl:.SCRI BED AS SUPPLE!iE N P TO TH GR£f. BElT
S ANITATION DI STRICT . Counci 1 M •m L'l i zpn ric d h
motion. Upon a c 11 o h roll, he vo ul
Ay , ,
Coun ll Hem (I Hi dav. h • I. H zp n c
• ~na, Bilo, Brtdsh w·. 0 l'>.
Nay s Non •
Th M yor d • ·La c d h ion ca rrie d .
Mayo 0 1
Plann i and Zonin
c rning th fJndin
1501 W s Tu
* + * *
pt sen tc d a Councll Co tm~unica lon rom h •
Commission m• ting of D ccmb r 2, 19 80, con-
s of o r 5 5 Sou h Os S rc a n d
COU NC IL MEMB 'R KEENA MOVED TO RE CEI\E T HE FI ND ING S OF
fACT. Council M m •r Bil o ond d th ion . Upon a c 11 of
the r oll , th vo rcs ul ed as ollows :
Ay 8 . Co un il Mc mb r s Hi day , a 1, Fitzpatri ck , K n Bi to. Br ds haw , Oti s .
Nay No n
Th Mayor d clEi r d t he mo t ion c rr i d .
* * * *
•
I • •
n
(
•
•
• •
May or 0 1 p r 1 n d a
h ring S r vic a
and Flood Co n
y io r 50l o t h
raon Drt v a 1
l Dry Cr t' •
CO NCIL HFMBER BRAD SHAW MOV fD TO I STR U THE A INC
CITY ATTORNEY TO I'RFPARE AN ORDI NAN CE APPRO I NC THE C NTRA CT .
Co unc I I M mb r N I o nd d ht ton . Upon c ll o h
r o ll, tht.> vo c r u d a oil w
Ay
Nay s
Th
ORDI NAN CE NO. S7
SERI ES OF 19 0
yo r
Counc ll M mb r
·n a. Bllo. Br
on·.
d ·cl r d h mot ion
.... * *
BY A THORlTY
I. F1 zpa r ick ,
ca rri d .
*
CO NCIL BiLL NO. 36
I NTRODUCED BY COU NCIL
ME E F iT ZPATRI CK
AN ORDINAN CE R~:ZO N l N G C .RTAl Rt.AL PROPERTY WITHI N TH E CITY OF
ENG LEWOOD, COLORADO, FRO M R-1-C, SI NGLE-F AMI LY RE S tDEN CE , TO
R--MEDI UM-OF. TY RE SlD NCI , AND AMEN l NG Til E OfFIC I AL ZO NIN G MA Y.
COU NCiL MF.HBE R FiTZPAT RI CK HOV D TO PASS CO NClL BILL
0 . , SE RIES OF 1 0 . Council M m r N a! ·cond d h motion .
Counci l Ht>m
his ordi nanc . Mr. F1
ha h p opt'r y c uld
H st ted r pzoning h
h
r ic n op po s t ion to
wa no convi nc d
s mt.>dium d ns i y .
zonin i n his opinion .
s po k e in oppost ion . Mr . Bilo
rom th Co mpr hcns iv P an and
cone pt .
Cou n il
o r dinanc Ms. K
this ar a, 65l of
and th Plann ing
rez on e •
i n f avor of passing the
ompatib le zoning around
p opl o n th block want d it r zoned;
nd Zo ni g Co mmission r commend d approval to I • •
•
•
-
. l
import nt to a in-
not n c r 1ly by
r zoni ng would s i I
added
hom 11
and
tiv way.
ov rall n
pon a c 11 o
sulted as foll o ws: h r o 11 , h e vo n h m ti on r -
Ay s · Council H m
Brad sh w. Hi day . N I, na,
Nay Co un cil
0 i . ri k, Bilo,
Th yor cl clar d h ion c rricd .
RE SOLUTIO N NO. 51 ,
SE RIE S OF 1980
* *
A RE SOLUTIO N PRO DING FOR THE NOTl CF. Of SAL E OF SPEC£AL ASSESS-
MENT BOND S FOR DOWNTOWN lHPROVEHENT DISTRl NO. 1980-1, lN THE
PRINCIPAL AMOUNT OF $398,800.
St ' B 11 , Hani
Council . Mr. Bell ~plain
resolution authortzin th
1981. Kr. B ll s d t
first of th y ar th r
of proceeds whi ch sch
n, lmh o , Inc., appeared before
d and r commend d pas age o the
sale date tor th bonds as January 5 ,
r bids would e rec iv d after the
wou ld b no postponement of deliv ry
duled or the la t of February, 1981 •
•
a-
h
I • •
(
•
• -
. 19 0
CO NClL MFMBER f.fNA HOVED TO PASS E~OLUTION NO. 51,
SERH.S Of' 0 . Council M mb r Bilo a cond d th on. Upon
c 11 o f h r oll, h vo r ul o lo ~a:
Ay Council M m r s H ig Ay, {· 1 . ft .tp tric . K n Bllo, Bradsh w , Otis .
Na ys · No n
Th Ma yo d cl r d he tivn c rr1 d .
* * ,.. * * *
A Ci y At o ro y D d cop1 • of the docum n 0 c.l mi 8
.. con c a Vern Mann va. th Ci y ~ood .
>I * * *" .. *
CO NCIL MF.MB R KE NA MOVED TO AUTHORI Z ACTING CIT Y
ATTORNEY DE WITT TO flLl A DEF~ E N THI S SE . Counc il Member
Fitzpatrick condcd rh ion . Upon a call o( th roll, the
vot r ault d ollows :
agains
r ctor o
by Larry
Ay
Na y
Cou ncil Mcmb •r Hi gday, N al, Fitzpatrick ,
cna, Bilo, Br d h ~. 0 is .
Non .
Th Mayor d cla d h motion c rr d .
* * *
r.
d th compla nt brought
r Andy McCo wn, Di-
City o Englewood
COUNCIL MEMBER BRADSHA W MOVED TO AUTHORIZE ACTING CITY
ATTORN EY DEWITT TO D FE ND HE CITY IN THI S MATTER . Council Membe r
N al s conded h • mo ion . pon a c 11 of the r oll, the vote re -sult d as ol lo~s :
•
I •
•
•
• •
D c mb r 8. 1
Pa 12
Ay o un 11 M r H ,d y, 1 . fi zpa ri c .
K Btl o, Bradsh w , 0 is .
T OU h
c rtaln
aid val
Na y• Non
l Ma yor d ~1 r d h ton c rru·d .
* * *
di. cu
Hudn 11
0 h \'
0
CO N lL MEMB E KEE NA VED TO AUTIIORlZ ACTI NG CITY
ATTORN EY DEWITT TO D 'FEND THE CITY I~ THI S MA TTE R. Counc1l
M mb r Fi zpatri 8 con d d h pon a c 11 o h e
r o ll , th vo r ul d 88
Ay s ;
na ,
li t ay . N 1, Fitzp ri ck ,
dshaw, 0 l
Na a . Non
Th Ma o r d c 1 r •d
Act in Ci y Att o rn y
the Distri ct Court con
BIT
of Licena
DeWit
status o
s ated h
Co un cil
co uld impos
through s o m
Mr. D Wi
and report back o th
ion c rr d .
t 1f Co un cil
a r n Off ce r
* * * * * *
Actin City Attorney 0 Wi t pr ent d the Findings
of Fa ct and Conclusion in h matt r of th pplication from
Lynne F. Smith, Hi ha I L . Coo per, E . J . Crabb , etc . tore-
zone the 4700 block o Sou h Banno c k r o m R-1-C t o R-2-C.
•
d
•
ed
I • •
n
(
(
•
con
con
• 1 0
Ay I ;
ays Counc t I
Th H yo t d
Ac i n g Ci y A t o rn •y
ion w l h Council .
•
•
• •
A P 0 £ THE ~I NOI S
G m 4 700 SOUTH
ton . Up a
ollowa
Hl d y, al, K na.
~~ ~p r ic , Bil o .
ca rr i •d •
0
to go
Hr .
o r de r
to
x cutive
Hay or 0 ts d cl r d a r c c s a ·05 p .m.
Council r con v ned when
m i n a 9 1) p .m. ayor 0 i
c ll of the r o 1, th ollo•n n
Cl rk r turned to the
. o r roll c all . Upon
p r nt :
Councll mb r s Hi day, N al. Fi z p at r ick . K e na, Bilo, B adsh w , 0 i .
t
I • •
•
•
• •
8. 19 0
Aba n Non •
Th yor d lar d a quor pr II 'nt .
Mayor Otia atat d th r
the conatruction of h drain and
would be in viola l o n o th Chart r
aavinga of mon y. May or Otis ur d
tion.
for th award o
p s, t approv d ,
h i would
o r this r comm nda-
COUNCIL HEHBER FITZPATRI MOVED TO DENY THE REQUE ST
FOR THE MUNI CIPAL GOLF COUR E DRAIN AND EQUALIZI NG PIPES UNTI L
PROPERLY PUT OUT FOR SEALED BID S . Council M mb r K na cond d
th mo ion. Upon a c all o th r oll , th vo e raul d a ol -lova:
9 :15 p.m.
Ayea :
Nay s :
Co unc il Hemb ra Higday , N al, Fi zpatric ,
K na, Bilo, Bradshaw, 0 is.
Non .
The Mayor d clared th mo ion carried.
* * * * * *
There vaa no fur h r uatnes to b discussed.
* * * * *
COUNCIL MEMBER HlGDAY MOVED TO ADJOURN THE MEETING.
Mayor Oti ad journ d h me ting vith ou a vote at
•
I • •
(
(
•
SPf.C lAL
Th
Cou nty , Colo t
a 1 30 p.m.
I y
Ci y Council of h
do, m n p •c a!
•
• -
,
y of F.ngl,wood, Ar paho
s ion on 0 c m r 8 , 19 0,
yor 0 1 , pr l lt•d th m • in o o r d r .
Th
Fl 7p ic
Troo I 2 .
roll, h
Counc i 1 !'I · r T om
w s l d by B y Scou
d or r 11 c ll .
pr • n ·
'p n Cd 11 0 he
Coun il M m •r a Hid y. N a. F ~pa ric ,
K n , B1l Brad h w, 0 is .
on
Th M yot decl r •d quorum p e · n .
Al o pr~s •n w r •·
co
HE.. REG LAR
conded ht
a o llow
Ay 'S:
Nays .
Th
A
0 pu
* * * *
W nu h
w t
x o lc i o
r High e
Finance
Co !liiiU n i y
'H. A 0 'ED 0 APP 0 't. THI:. MlNUTES OF
OVt.MB E 17, 19 0 . Council M mer Bilo
pon a call o h roll, h vot r ult d
Council M,·m er H ig ay, N 1, Fitzpatric k,
'~na, Bilo, Brad h w , 0 is .
• Ol1 l '.
ayo d cl rt>d on ca rri d .
+ • * * * *
•
I • •
•
•
or TH
Bilo
r ul
r . I 0
COU NC. I L •
SPlCIAL FTI
co nd d
d 8
c
•
• •
~0.'1-.0 TO AH 0 'F. TIH .I 'l.TF ~ P ! ' • 19fl0 . Counc t l M m tc r
l' d I o h r o l 1 • h ~ vo
1 rs H 1 i v.
, Br ul h w , 0 1, ~ Zp ricK ,
'0 '·
ay on
Th t' .. tyo r d ·c d lh on c ,. t 1 d .
Hr. Lo r y th n Co nc l1 o r hi r ·co ni t o n .
* * * *
Pte-schl'dul d L.t r r v Lit 1 ton, app ar •d efor • 8 nt d th • Hyl on C . Ja co Council 0 1s u ndu r i at 261 Sou h Rar i n Cir 9 at d the comp any d ou to xpand .
c CO NCl L MEMB E
0 WITH THE I SSU AN CE OF
MYLON C. J ACOBS SUP PLY CO s cond d h a foll ow ion.
Ay S ; Cou n ci l M m cr
K n , Bilo, Br
N ys : Non •
1
*
Ounl
Th yo r d c lar d t ion c rric d .
* * * * * *
•
r
Fi z patric ,
on ,
y
I • •
•
• -
• 1
Co un
M r••nn m
il i y of
al w y
p r 'i p
(
+ * :It *
Th I ' •rP no 0 h I pt •-s •h •dul d Vl i 0
* + 1 * * "'
0 0 t vi o r I I () d (l jHc.l k sine his inf1 un t r ~p C l cl ~ s
* * * *
Ay s Cou nc il 1' i z p ric ,
• I • a 'on e .
(
• •
•
r 0
a moun
h artn w
and Zonin
i s fin in
par o his
Th
Th r w
I NC. CO NCII.
Coun 1l M m c all of h r oll,
Ay 8 :
N ys .
T ~ 1 yo r
ORDINANCE 0 . 55 s RI E OF 19 0
n on 0 Pt
no o n' 0
c un il MPm
I( n Bilo,
N n
d .. ·It~ l'd ht•
... -
BY AUTHOR
•
• •
• on c rr 1 J .
y i n vo· 0 r .
hl m ·r .
BLI C HFA -ion . Upon a
'I Hi • y, . 1 • fi zp ic Br dshaw , 0 8 .
' ion t •• r r i. •d .
* * *
TY
ClL BlL L 0 . 2 OD C D BY cou ClL ER 'f f NA
AN ORDI AN CF ZO l G If TAl REAL PROPERTY AN EXtD TO THr CITY OF
ENG LE D. COLO ADO. l-. I.IGH , DUSTRIAL DIS Ri C . AN D Dl 'G ZO NIN G MA P l N AC CO RDAN CE THFRE IT H.
S ERI ES
ond d
ollows:
Ayes
ay
FNA MOV D TO P S COU NCIL
RFADING. Counci M m r Br
c 1 o · h roll. th vo
NO . ?
Coun<.il M m (.•rs Hid y. N al, Fi zpa tn ck ,
e n . B lo , Br d haw, Otis .
•
I • •
(
J (
•
•
• -
Ot C t · b • 111 0
T yor d •c 1 r •d h c u ri :i .
COU IL •
HEARI NG 'ITI NG FO RT H ntF PARAMF TF RS
f AM I LY RTCA E RfV ~ Uf BO
CO LORADO . Coun 11
c It o h ( r o l l,
o r pu
pp r ov
wl s hin
t hin
Ay
ay
T h
o n
D ,
1on.
l I, Pi zpa r c •
1..
!o c rr l d .
hi. o r din nc wa pr es n t e d
•h fi w s comm n din
n yo n ln
o on
. In c .,·
Bisho p te 1 -
88 f.-
ou t
Hr.
r the
d nyon• in h a di ne e
•
h mo n e y
1t vaa
•
I •
0
•
•
•
• -
r 8,
yor d ou cl rly poin d ou in r un
th b f o r
c rt amount d r it .
Hr. 8! hop l ·J h t r nt w 00 di cul t o on r ol.
wh r th
d
'1 • no fu r h r comm n
COUN CIL ME MB ER
ING . Counci l M m r S ilo
th r o l l, h vo l'
Ay s Co n eil M mb ·r H
K n . Bi.lo, Brud
N y •. Non
Th e M yo r del r ed h tlon
* * * .. *
BY AUTH OR TY
ORDINANCE NO. 5
SERIES OF 1980
CLOSE THl PUBLI H AR-
ion . Upon c l l o f
d y, al, Fit.t:p ric h w, Ot is .
rri d .
*
COUNC I L BIL L NO. 65
INTRODUCED BY COUNCIL
MEMB ER HIGDAY
•
.
1n
dl
,
I • •
(
ct
•
(
•
•
• -
AN 0 DINAN ~ S HTINC fORTH THE PARAMF.Tt. S Of THt.
FAMILY TGAGF RtV N BOND PROGRAM OF TH CITY
COLO RADO.
l".f:MB E H DAY VED TO PASS CO UNCIL BILL NO. 5, SERlE F NAL RfAD[ <..o un ctl H cond d th pan c 1 0 h r oll , h \'0 fol-Iowa ·
Ay Cou ncil M mh Hi N a f t:tp tr c k, Btlo, Br adsh w , 0 1
N y No n
T cl.lrl d h ion c rrl •d .
• • * * * *
"CoiTITIUn ic ti on o Ac ion Rc col'lll! w •r nd d" on h agenda
( . nu 0 Boa rd o A j ustm n and Arp~ l"' m 0 Oc obt:r 8, 1980 .
( ) Htn u s 0 Council of Gov n •n 1 1980.
(c) Hi nu Car s rv ce Co ll'lll i 1ng o Oc tob r 6, 1980.
(d) h w ll"" Board m etings and 19 0.
Minu . Hou 1ng Authority me t ing of Oc olwr 0 .
0
Auth ori ty
nning nd Zonin Co ~~m~iss ion
r 5 and 18. 1980 .
(h) lie Li r ry Board m eting
0 0 .
(i) own D v lopment Authority
12 . 1980 .
(j) Minu t •s o f h R creation Conn is-sion t:l in r 3, 1980.
•
I • •
•
NO A 10
r N al
r aul d
munl ca ion
r om h
into its
this r qu
• 1 0
A
Na
Th
CO NC..l l
TO ANNEX THE AR A
SANITATION DlSTRl
motion . Upon
A s :
Nay , :
on •
•
•
10 ACCf.PT "CO
(A) -5( ) . C
c II o h
ton ,, r u. d •
* *
10 s -
f tz trtc .
Council, L'm r< Hi v. •al , ft zp rick,
B1lo. Br dsh w , 0
on .
Th v o r d c a r • he mo n c rr ed .
c rnin
1501 w
COU Cll.
FACT. Coun 11 M m •
th roll, h
A
Nay s :
*
Cou n ctl Mcmb
ena, Bilo,
on
Th Ma yo r d cl r d he
*
RECEl\'E
m t ion .
rs Hi da
Br d ha"'. Oti
tion c rei d .
•
TH f
u on
I, Fi
rom h
80, on -
t and
NDlN GS Of
8 c 1 0
zpatrick. I • •
(
•
0
p
• 1 0
Ay
Th
on
* *
•
• •
o c ri
~ 1, fl ~pa d c k,
is .
Y A\ THO I TY
0 OI AN CF NO . 7
SF RlES OF 19 0
OP NCIL BIL L NO. 3 6
I TRO 'CEO BY CO NC IL
M R~ ~1 ZPA T RI CK
AN ORDINAN C R ~70 I G CF TAl EAL P OPF RT Y WITH! TH E CI TY OF
0, COLORADO, F OM R-l-C, • I L ·-fAM IL l:.Sl D NCE, TO
M£DlUM-DF TY R ~.Sl 0~ Cf, AND AMEN D NC 111E OfFICI AL
KA Y.
o . CO NCll MI . tBER
SF I S OF 1 Q 0 .
thl
ha
H
Cou n
o r di nan c Ms .
thi s ar a, 6 57. o
a nd he Plann ing
r ezon .
r Bilo
via d
-family
TO
1
NCIL BILL
h motion .
Mr. B i.l o
P n and
pas s in the
zoning around
i r zoned;
d approval to I • •
•
tain th
k p n
me t h
0
•
•
po n c ll o
sult d a a ollows : h ro 11, h' vo on
Ay 8 :
Nay
Th Ma yo
RESOLUTIO N NO . ~I ,
SE RIE S OF 1 0
Co~mc tl
Braclsh w.
Cou n cil M
0 1
d!!clar'd
* *
A RE SOLUTIO N PRO lDl NG FO TIH.
MEN T BOND ro DO WN T0\0 1 RO
PRIN CIPAL AMOU NT OF $39 ,800 .
r~t Hi cl y, a na ,
m rs Fitzp trtck, Btlo,
h mo ion carri d .
* * *
OT! C' OF S ALE OF SPEC AL AS S SS-
HINT DIST 1C 0 . 980-l, I N THE
o r
•
o re
h
anuary S ,
a t r th
ment o f deliv r y
February, 1981.
I • •
(
•
D c mb r 8. 19 0 r 11
tOU Cll ·m r
SE RIES OF l 80 . C.ounc lJ
c ll o h rol .
Ay
Nay Non
•
• -
E "OLUTI~ 0 . )l ,
h on . p n
ay, al. fl zp r ic
w , 0 •.
T Mayor c I r d h t !on ca rr ! d .
A
doc um n "m
h c y 0
r e
Ay
Th
y
ag ins Po ic
r:ec or:
y Lar:
L
TO
y o
COU NCIL ME
ATTO RN EY DE WITT TO D
N al s cond d h
s u l d s ollow :
"' 1 ..... "'
mi
c
copi • o he
er n M n n v e.
a p nding l a wsuit
r ue ion Co mpany, th e
d li y a nd Gu ran y Co mpa n y .
n by R•l ia bl E lec r ic
r ue ion Co mp a ny f o r wo rk
TO AUTH ORi ZE ACTI NG CITY
TH I CASE . Council He mb r
o n a c ll o the r o ll . t he
Counct M mb r Hi d y , al, F tzpat r ick ,
Silo , Br d haw , 0 i .
on
h tion c r d .
* 1-... * *
on a c
d h co mp aint b r ought
r An dy M Co vn , Di-
h C y of Engl wood
TO AUTH ORI ZE ACTI NG CITY
S MATT ER. Co uncil Me mbe r
t he r o ll , the vote re-I • •
•
•
-
. 1
Ay y, t I , f 1 z. p t r 1 c' ,
• 0 1
a y on .
T l' " d c!Jrcd H·J .
* *
CO lL
ATTORNEY DEWITT T f f A OVt.O TO AUTHO Zf ACTl G li fY
THI CITY l THIS MA TTI:. . Counnl H m r Fi r ic a
r o ll , h n sul t 1on . Lpon call o h
ollo ~a~
Ay 8 : Council M m (·L y, ( 1 . F t l. ri c c na, B i I o , Br . 0 l
N y o n
Th Ma o r d c 1 d h mo ion c r i. 'd .
* * * "' • *
r o
at
Cou n cil M m Cou n c i could impo rin 0 c r hrough
d h th qu ion and rep o t 0
* * * * *
Act in Ci y A o rn y Find in 6 of Fact and Co n e usion in h m 0 on from Ly nn e F . mi h, Mi ha l L . Coo p r, E . c . to r -zo n th 470 0 block 0 So ut Bannoc r o o R--C .
•
t'd
I • •
(
•
•
• •
. l 0
Of FACT ·, 700 BANN OC
c ll 0
a y <.ounctl tm •r fi zpa r1 c', 8 lo .
Th ayo d cla r d h mo ton c rr t d .
A c ing C1 y At orney 0 ~i
s ion i Counc 11. a. cd o r x cu iv
m tin a
call o
May o 0 1 d• l r d a
Counctl H mb r Hi day,
Bilo, Br d ha w, 0 is .
c ss a 9 0 p . .
0 h
Up on
1, f tzpa r ick, K na ,
•
I • •
•
•
• -
8' 1 0
Ab a n : Non .
Th Ha or d clar d a quor pr
yor Ot h a a d
h conat ru c ion o h dra
would b in viola ion o th
aavinga of mo n y . Ma yo r Oti
tion.
COU NClL MEMBER flT ZP ATRlCX MOVED TO DE NY THE RlQ U ST
fOR THE MUNI CIPAL GOLf C OURS~ DRAIN AND EQU ALIZI NG PIP S
PROPERLY PUT OUT FOR EALED BlOS . Council M
th mo ion. Upon a call of h roll, th love :
Ay 8 : Cou n cil M m rs Hi day,
K n Bt.lo, Bradshaw, 0
Nay None .
Th Hay or d clar d ton carr1
* * * *
Th r w a no fur h 0
* * • * *
N al, Fit p r ic
i
d .
dl cua d.
COUN lL MEMBER HI GD AY VED TO ADJOU RN THE HE TlNG .
9 :15p.m. May or 0 i ad jo urn d h m in wi hout a vot at
-,lLi 'U ,J'"pu y Ci y
'
•
I • •
(
S PfClA
Cou n y,
7 30
F1 zp
Tr oop ,
r o ll,
HE
as
(
•
•
• •
CITY
,
HFF TI
Th
Co l o
p .m.
y Cou ncil o f h
m nsp ·da l Ct yo En 1 w od, Ar paho
t on o n D C'm r 8 , 1 0 ,
yo r 0 , p sitlin, c 1ll•d h• .f. in o o rd r .
gtv~n y Cou ncil
a l gl nc '" 1 d
o I c 11. 'pon
Counc i 1 ML m {' 1 H 1 g v.
K n , Bil o , Br ad h , 0 1 O Ft L I'd 1 c 0
Ab .n . on
Th Ma yor d cl rl'!l 1 q o r um r r
* ~ * *
AI o p ,•n w cr~:
~ * * * *
T
H.'A 0\'ED 0 APPRO VE TH Hl
lR 17, 1980 . Counc il H m
c 1 o f h r o 1, th vo
0 h
TES OF
•r Bi lo
r sult
Counc 1 1 HL m '
l' a, Bdo, Fi zpatrick ,
is .
y • 0 l.
Th yor J cl re d h 1on ca rr 1 d .
* * *
•
•
I • •
•
OF TH
8 1lo
r eult
r . 1 0
0' <..11. M
SPf.CJ AL MU.ll
cond d h
d s ollo s
Ay
co
•
• -
Coun~il M mb•r HI
t•n. Bile>, 8 t d h
y. 1, Ft zp rtc ,
. 0 l. •
CEED WITH AFF TO PRO -
EQUEST FO MY LO C .
sc
s
Ay
r Fi z.p tric
vot r sul d
Council M m c H & sy, N l, H zpstric ,
K cna, Bilo. Brad h , 0 t
Nay None .
Th May or clar d h tion c rr d .
* * * * * *
•
y
I • •
(
•
r • I
Mr . Br •nn,•m
a ili yo
l w y
par y
lems
hem
Mr . B nth' ,1
, o r Counci 1
ha c 10 y
•
-
* 1 • *
Th 'rt no 0 ht.!t p h du
* .. "'
0 0 h I Vl i o r. 'l r i lo d un ht• . P<'ci11l II U-
* .. * •
Ay Counci
ay No n •.
•
td Vt i
0 P<
o r
sine
pro -
i y
it her .
his
Fi zpatrick , I • •
•
•
• •
r , 1
Th h t !on c1 rr1
Th r • n on 0 p a in vor o r .
Th ~n· w no n 0 I& r .
LIC H~A -INC .
n . n c 11
Aye Counci I 1, Ft zp K nu,
N y s On l .
T h yor dt:'cl r d o n Ctl
* ~ *
BY A UTI! OR lY
ORDINAN C NO . 5 COU' 'IL BILL NO . 2 SE RI E. OF 1 0 I ODL'CED BY COU C IL FMRFR I<FF A
AN ORDI NAN CE ZO H G CE.RT I IU:A l. PROP. TY AN FXLD fO Ht. Cl TY OF
ENGLE I.'OOD, COLORADO, I-1, I I GilT 1. OU 'TR IA L D 'T R CT, AN D AMEN D G
ZONIN G MAP I N ACCORD AN C TH 'Rf lTH.
S ERl E. OF
ond -d th
f o llow :
Aye ·
0 TO PASS COU NCI L BI LL 0 .
Cou n ci M m r Br dshaw s c -
h ro 11. h vo r su 1 d
Co neil M m •r Higd y , N 1, Fi z p a ric ,
I< n , Bilo, Br ds haw, Ot is .
Nays : OIW .
•
8
I • •
•
• •
r , I 0
(
•
o lo an th ney
; how v r, lt was
y r sold o r
o wn r-occupied i me I • •
•
r 8. I'~
M yor 0
poln d o In h
h Coun
amoun o
it .
o con r o
Hr. Bi hop
Th •r \ol • • no
cou
INC . Coun il
t h roll . h
Ay R
•
-
rly
I •J th t I 'lj i r I n t W oodi licul
CLO E T HI:. P
ion . Upon
Ll HEAR-
c ll o f
il l m >t Hid y ,
Bilo, Brad h , 0 1
Fi z.p atric ,
ys: on •.
Th yo J c l r d he m i on c rri d .
ORDINANCE NO . 5
SERIES OF 1980
BY AUTHOR ITY
CO UN CIL BILL NO . S
I NT ROD UCED BY COUNCIL
MEMBER HIGDAY
•
I • •
(
(
•
•
• •
r , 1 0
AN ORDI NAN C fTTI FO RTH t . PARAMUf $ 0 TlH
FAMI LY HORTCAGf REV NU OND PROGRAM 0 THE LifY CO LORADO.
COUN CIL
SE RIE S Of 1 8 0, ON
h moli o n. p n 8
lows :
Ay
Nays · n
Hl DAY
RF ADlN
0 h
V D TO P S COU NCIL BILL NO.
Co un cil M a cond d
r oll, h ol -
8 , Fi z.patri
Th yor d cl r d r l J .
"Communic
w r
( )
( )
(c )
(d)
( )
( )
( )
(h)
(1.)
(j )
Hinu
o Oc
* *
Ac ion R conwn nd d" on h agenda
h t w
2 and
d o Adj u tm nt and
Oc ob cr 8, 1980.
Council of
15. 1980.
S rvice
r 16, 1980.
Bo rd m etings
1 0 .
Hlnu ~ o th Housi n g Au h o rity m
Oc hPr 2 . 1 80 . ing of
h Liquor Lice nse Auth o rity
m No· mb r 5, 19 0 .
H inut~ o nd Zo ning Co mmission
m ings o nd 18, 1980.
Minute o h Pu ic Li r ry Board meeting
o Novembe r 2 . 0 .
M nu c o Authority
tr c in o
Park and R creation Connie-
Nov m r 13, 1980 .
•
I • •
I
J
•
r
NO ACT 0
r N al
r a ul d
• )Cj 0
•
• •
O'f D TO At;C H1 "C O 'Nl no S -
•·(A ) -5( ) . Co un ll 11 m-
'pn lc i llo h t r o ll , h vo t!
Ay 8 ; Co un c i I rnht r a
, I F!tzp ri c , t •n • B I I o , Rr . 0 Js .
Th .tv o r d·c la r u !1 mo ion l t t•d .
munl
r o m
in o
this
* 1 * * ..
COU NCIL 11}.MB ER BRADSHA MOVt::D TO ALLO W THE DI STRlCT
TO ANN EX THE AR FA DE"CRIBED ASS PPLI::ME N l TO THF CREE BELT
SAN ITATIO N DISTRICT. Co uncil , em cr F! zpn rick 8 cond d th
mo ion . Upon a c ll o hl' oi l, th • voto> sul d s ollows ·
Ay
r 8 Hi d ay, al, Fi z pa nc ,
Br ds h w , 0 1s .
n N y
Th y o d·cl r •u h i o n ttrr i •d .
y I O t!
P lanning nd Zo ning
c rnln th lndln
150 I W t Tu
COU Cll. MEMBER FA CT . Co un ll •r
th r oll,
A
Na y 'on
The Mayor d c 1
*
* * * ..
tu un c a l Co nfc a
in g o f. Dt c (mb
5 Sou th Osa
he
n-
H FI NDIN GS OF
Upon c ll o
Fitzpatric .
d h motion carri d .
* * *
•
I • •
•
• •
. I 0
BRAD S HAW M V~D TO I ST RU TH ACTING
C ITY ATTORNFY 1 0 P tPARP. AN ORDI NAN CE AP P R I NC THE CO NTRA
Co uncil M mb r N ·cond d h mo ion . t pon c 11 o he
r oll . • vo l tl' nl I'd follow
Ay Cou C'i I
na, Htp, v, N 1, f zpa rick ,
d h w , 0 i
y o n •.
Th yor d •c l r d h ion c rri d .
* * * * * *
BY AL'TIIO ITY
ORDlN AN CP. NO. 7
S ERlE OF 19 Q COU NCIL BILL NO. 36
l TROD ED BY COU NCIL
F FITZ PATRI CK
AN ORD I NAN CE REZO NING CE RT Al REAL PROP RTY !THI N T li' C ITY OF
ENGLE D. COLO RADO , F OH R-1-C, , I GLE-FA.~I LY RE S IDEN CE , TO
R-2-t, A D AH.EN I C Til E OFFICI AL z.o 1
'0 . CO N '11 ME B~· F T I'ATRI MOVE D TO
, SI:.RH.S Or 1 0 . Co un 1 l M m c r COU NC IL BILL
h motion .
nr
l'm n . Hr. Bilo d d h
d n~:>r lV Plan and
t•m pa in the I o r di nanc na sta ed zoning around • • his ar h e it rezoned; a nd h
d approval to r zo n
j
•
D c mb•r , I 0
Pa 10
•
• •
Up on all of h
sulted aa ollo~s: o 1 l , h vote on ion r -
Ay s :
Nay
Cou n cil M m •r Ht d y,
Br Ish w. I, K na,
Co un cil e m rs Flt z pa r1 k, Bilo ,
0 i
Th Mil o r d•cl r d h ~ mo lon c arri·d .
RE SOLUTION NO. 51 ,
SE RIE S OF 1980
" * * * *
in-
y
1
nd
A RESOLUT IO N PRO I DlNG FOR THE NO TrCE OF SALE OF SPE CIAL A SESS -
MENT BOND S FOR DO WN TO WN IMPROVEME NT Dl ST RI NO . 19 80-l, I N THE
PRIN C[PA L AMOUNT OF $398,800 .
S v B 11, Ha nif n, lmh o f, Inc .. ap p ared b fo re
Cou n tl. Mr. Be ll expl ined and r coltlll nd d pa ssa o he
resolu ion auth o iz ing he sal date o r th bo nds as J nuary S ,
1981. Mr . B ll st a ed b t r bids ~ould b rec ived after the
first of th year nd th r would b no postponement of deliv ry
of proceeds wh ich w r sch dul d for the las of February , 1981 .
•
h
I • •
(
•
• -
D
p . 19 0
SERUS OF
II o
Ay tt •
0 PASS ESOLUTlO N NO. 51 ,
ondecl h ion. p n
toll ws:
Council M<m rs Hfp,t y, .t I, Fi zp ri c
K n , llo , Brad h w . Ot
Non
Th H.oy or 1 r d ht mo !on c rri d .
docum n
h~ Ci o
A • Ci y A
o tlism
wood .
y D
con nln d copi s o th
Vern Man n vs .
CO N lL HEHB R EE NA HOV FD TO AUTHORIZE ACTI NG CITY
ATTORN Y D'WlTT CO FILL A DEFEN 'E IN THI S CASE . Counci l Me mber
Fi z.patri k. ccond d h mo ion . Upo n a call o th r oll , the vote r sult d as follo w :
agains
r c o o
y Larry
Ay s :
Nays :
Coun i. M mb r Higd y , N l, fitz patr i ck.,
K n , Bilo, Br d h w , 0 i
Non •.
Th Ma yor d cl r d h' m t io n ca rr d .
+ * *
cus •d he compla nt brought
y Man ag r An dy M Co wn, Di-
nd th Ci y of Englewood
COU NCIL MEMBER BRADSHAW MOVED TO A THORIZE ACTI NG CITY
ATTORNEY DEWITT TO DEFE ND THE CIT Y I N THIS HA TTE R. Co uncil Member
N al s co nd d h m ion . l! on a c 1 t of th roll, the vote re-sult d a ollow :
•
I • •
•
•
• •
D c ·mb • 980
p 1
Ay llipl.ly,
d h '"'· 0
I. ~ 1 1.p r 1clr.
Nay • on t.
Th H yo r d cl 1r d h mo ion c rrt •d .
orn 1 Dl
lh Ci y lyl< th•rl.n
Ms . ll udnoll clam
Cl. yo En,l wood .
CO l L MEHBE U: A OVFD TO A THORl ZE ACT! G CIT Y
ATT ORNEY DE WI TT TO DE~E ND THF. CITY I HIS MA TT R. Cou n cil
H mb fl po ri c k R condecl the mo !on . Upon c 11 o h
r o ll, th vo r s ul cd a ollow
Ay •s · Co un ci l m r11 Hl d y. a 1. Fi z a rtc K Bilo . Br
th
status o
St t d h
Na ys :
Th yor
Cou n il
co uld lmpos
through s om
Hr . De Wi t
and rep o r t back t o
no.
Non
d d h mo
* * *
dshaw, 0 1.8 .
ion c rr i. d .
* *
i Co uncil
ur ing Offi ce r
s a e d h would r se r c h th
h Cou n c i 1. qu ion
* * * * *
r om
Act i n g City A torn y 0
o f Fact and Conclusion tn h rna
Lynne F . Smith. Hi h l L . Co op r, E .
zone t h 4700 block of So uth Bann o k
s n c d th Findin s
h pplica tion from
J . Cr bb . tc . tor-
r om R-1-C to R-2-C •
•
d
I • •
(
•
0 c.~ m r , 19 0
p
O f FA CT
BA.NN Ot.
(' ll
s •s ion
m
Ay a :
y
Th Ma y
Ac in Ct
Counci
l1 y l 0
Counc 11
q 1 p .
h ro 1 •
Co u ctl
Silo, B
•
•
ro APPRO'.'!-. THL f I NOI <.S
E!.>ON L~(; Or 700 SOUTH
ht' mo on . Up
lnllo
mb •r Hi d y , 1 . na ,
0 i
Coun<:i I M ·m l'r" H l.p r ic Bi lo .
d ., 1 r d h ion rri •d .
* * * *
y A orn v De Wi k •d for ·x u iv
dccl r d ·OS .m .
'(' n vt·n d h(•n urn d to he I • • yo Oti all. Upo n h > ollowing
Pmb r Higday, N 1, Fitzp rt k , K na , dsh W , 0 is .
•
•
• •
r 8, 19 0
Abs n • Non
Th M.nyo r d cl r d a quorum pr
true ion o h
in viol tlon o
a of m n y . Mayor
t h co n
would
aavi n
tio n .
w rd o
approv d,
would a
r conJn nd -
COU NCll. ME MB ER FlTZP ATRtC MOV D TO DENY TH E REQUE T
FOR TH E MUN ICIPAL GOLF COURSE DAAIN AND EQU ALIZI NG PlPES UNTIL
PROP ERLY PUT OUT FO R EAI.ED BIDS . Co uncll M mb r Kee na s cond d
th mo ion. Upon call o th roll, th v e r ul d ol -lowa :
9 :15 p .m.
Ay
Nay
C u n 1 M mer Higday, Neal, Fitzp t r lck,
Ke n , Silo, Br dsh w. 0 i .
None .
Th e Ma yo r dccla r d ion ca rr i d .
* * * * * *
Th r was no urth r bu tn ss o b d isc u ssed .
* * * * *
COUNCIL ME MB ER HlGD AY MOVED TO ADJOU RN THE ME ET IN G .
Mayor Ot l11 djou rn d h m ing wi hou a vot at
y
•
I • •
•
•
• -
ITY A.
SPEC I A.L Hf T1 (,:
Th Cl y Co unell o th C1 o
Coun y, Colo r do, m n . p c! 1 s1ton
7 30 p .m.
Hay o r 0 I , pr•1ldtn, cl!l d h
Th invo c
Fl ~pa rick . Th • pl
Tr oop 19
M yo r 0 t
r o ll, th o llowln rl
p r
8 'IV l y
nl stmc
c I
'"-
Arapaho
8 . 19 0 .
o ord r .
Thorn
Scou
Upon a c 1 o h
Co u n c t l Me m 'r s Il l g y ,
K na, B t l , Bra d h w , 0 1, Ft zpa ric ,
A sen Non
d r •d 1 quot urn pr n •
* * * ~ * *
Al o pr sen w r e :
r Wanush
Co nTnUnlty
* " * *
THt. R~: EMBER Ft A VED 0 APPROVE TH MIN UTES OF
OVr MBER 17, 1980 . Council Hem r Bllo
ll Upon c 1 o h r o 1, h vo r sulted
A yl..?s : Co un l I
Kt• 'na.
ays No n •.
Th 11; o r dl'c 1 c1 r ·d h '
·rs Hi day, N 1 , Fi zpatrlck ,
Br adsh w . Otl
ion carr!. d .
* * " * * *
•
I • •
•
0
p
OF TH .
Bil o
r ault
. l 0
Ay
Nay .: on
Th yo r u •1.1 r d h
•
• •
0 ~ D TO A I' kO ·~ 1 Hf,
}QIIO . Council
he ro 11,
If 1 ' y.
d h ..... 0
rri d .
1. f i zp r ck ,
* * * .. "' *
J oh n
of f l-
d
m n • y man ag -
Mr. Lo wr y th n d C uncll o r ht rec o ni ion .
* * * .. *
Pr -sc h~du ~d v 1 Lt rr v Dunlap, 820
Lit lcton, llpp r J b f o r Cou nc il . r . DunL1p
sent d th Mylon C . Ja cob Supply C tn an y, Inc . tn a t· o
Co uncil t o is u lndu trial •vcnul' b nd or w r •h u • fnciltty
at 2614 Sou Rart an Ci r l . En •l wood, Co lor do . Mr . Dunl p
sta cd th comp n y h d ou t s p r s •n f ctli y nd n dcd to xp nd .
COUN CIL ME BER EENA 0\'t.D TO I NST RUCT ST AFF TO PRO-CEED WITH THE lSSUAN CF OF l ND ST RlA L Rr"VE NU!-BO ND R QUEST FO R MY LON c . J ACOBS SUP P L CO !-ANY , l NC . Coun i l Hem Fi z r ic se ond>J hc. m ion . Upo n u call 0 th oll , h VO t r sui "d 88 follows :
Ayes . Co un i l Memb r s Higduy , N al, Fi z patrick . K na, Silo, Br d h a w , Otis .
N y No n
Th M.: yo r t•c 1 ar d ion c rri d .
* • * * *
•
,
I • •
•
J
0
p • I 0
C:ounctl m r lllt;d.Jy
Mr . Brenn m n ' n•qul.' IIHI
ill of und rom o th •t
Mr. Br nnem
1 w y s l' pu II l y
pn y p ym n s, mor • 'lp < i
1 ms
hem
•
•
+ * + * * *
o ward
hi.' vail-
p r o -
l y
i th r .
Then· t• l' no o h r prP-s h du I • vi i o r .
* * ~ * * *
o o he1 v i si or Pr • .11 o ld o sp •a sine thi s
m ng was n r he . pPC'tdl ~ n u
*
COt NC l :-tf BFR Fr A , \'ED TO OPE N THE PUBLIC HEAR -
I G CO CE RN I G Z l .JG CFRTAl RF PROPERTY AN EXED TO THE CI TY
OF ENG LF W 00, COLO RA DO, I-, LIGHT INDU TRI AL DIST Rl Cf, AN D
AMENDI G ZONI G 1AP TN ACCO DAN TIIFRE WITH . Co uncil M mbe r
Fi zpt1 rick e cCin d l ' ton . po call o h rol l, the vo • r su 1 rl , o o ~o. ·
Ay es : Counrt M Hi d y, a 1 . Fitzpa ric k , l•t._'O Bllo. Br ds W , 0 I
ays 'on'. I • •
...
•
•
• -
80
Th Mayor d •cl r( !.
T r • w
Th r '"'
CO ClL
ING . Coun 11 Hem cr
n on• ospoktn fav o r o hl cr .
no on( o p• k gdln
call h r oll, th vo
HF PUBLI C HEAR-
ion . Upon
A t:S Counc1! M(·mh u1 H ig ay, h~ I, Fi zp trl
K ·en . Bil o , Brad h w, Ot s .
N ya : Oil('.
ORDINAN CE NO . 5~
SE RIES OF 198
* * * * *
BY A THORrTY
COU N IL BILL NO. 2
I TROD C D BY COUN Cil.
M£MB FR f:E A
AN ORDINAN CE ZON C ERTAIN REAL PROPERTY AN EXr:D TO THE CITY OF
ENGLE D, COLORADO, l-1, !.lGHT 1 D 'T RIAL DISTR I CT, AND AME DI NG
ZO NING MAP IN ACCO RDAN Cf THEREWITH .
CO N 'IL MEMBER KEF. A MOV ED TO PASS COU NCIL BILL NO. 2 ,
SE RIES Of 198 0, ON FINA READING . Council M m r Bradshaw s c-
ond d h m 1 n . pon c ll o h oll, h vo r ul d as follows :
Ay s :
Nays :
Cou n cil M mb r Higday, N. 1, Fitzpatrick,
Ke na, Bll o, Brad haw, 0 is .
Non .
•
,
I • •
• D c •m r , I 0
p • 5
Th yot d cl
•
• •
ion c r l d .
Aye Council t•m •t
K n , IH lo,
Hi)'d y, ·.11. Fi 7p ri c k ,
aJ h . 0 1 .
y N n
Th yo r dec 1 r d
C i y Han r M
t o r public eo!TI!l n . Mr.
pprov 1 o ( hl~ prog r m.
wt h in
r 0 is s e tl I
k In avo r ol
is a k d 1
galn h
Mr. Bis hop s d
ion c rri
ht r • w ,
p r og m.
o r din nc w pr a nt d
s was r comm ndln
out
Hr.
o n a er the
nyone i n th au dl nee
o o n spond d .
nyonc in h audi nee
o in 1 •-amily, own •r-oeeu p t
hard to cont r ol h f t hd
in •n w o lo an the money
p plic ants; ho w ve r , it was
hous s m y b r sold o r
riod o own r-occupied time rent d u · f r h r
involv d . I • •
0
Mayor 0
p o in d ou in h •
D
th Counci 1.
amoun of tim
l.t .
Mr .
to con rol.
Council
•
• -
ht in •n l• n w
und S t' ion (n).
rly
h l 1 ui r m nt w s oo diffi u
wh r th r
o r iginal pplic
subs antial d
h odds of an
in six m nths
first o n<' woul
Th r · w ' no t u r h r corrrn n
th
Ay s Coun i l •mb ·r
K(• n l, Bilo, Br-
N y one .
CLOSE THE PUB LIC HEAR-
ion . Upon a 11 o f
1, Fl zp tri k,
Th illyor d c l r •d th m tion c rri d .
ORDI NANCE NO. 56
SERIES Or 1980
* * * * *
BY AUT HORI TY
COUNCI L BIL L NO. 65
INTRODUCED BY COU NCIL
M. MBER HIGDAY I • •
•
•
•
• •
0
p r , 1 0
AN ORO I NAN 1:: F.TT INC RTH THt PAR»U:n S OF THl UPCOMIN SI NGL E
FAMILY HORT CA.Ct R~;v NUt:: NO PROCRA."t OF THE <.IT Y Of EN LE 0, COLO RADO.
SE RI t::S OF
h motion.
lows :
Ay
Na y
Th
GIL Mt::MBER HlGDAY VEO TO P S COU NCIL SILL NO. 5 ,
0, ON ~lN A L RF.ADlN . toun 1 M m r Ke na a cond d
pon c ll o h roll, h vo ~ resul •d as fol-
Council M mh Hi g y, N al. Fi zpatrlc k,
K n , Bilo, Br d h w, 0
No n
yo l l r •cJ h lon rrl •d .
* * * * * *
"CoiTI!l\Jnlc ionR -o Ac ion CO!Till nd d" on th agenda w •r
)
( )
(c )
(d)
( )
(g)
(h)
(1)
(j )
Mtnu 0 h Bo rd o Adju tm nt and App 8 R rn ing o Oc obcr 8, 1980 .
Mlnut 'l 0 h 0 nv r Regional Co uncil of Cov rnm •n m cting o Oc o b r 1 5 ' 1980.
Minu 8 0 he Bo rd of Car r s rvice c l'f'llli loner m in 0 Octob r 16, 1980.
Minu
o Oc
Minu 0
m c in o
r and S wer B rd meetings
and Nov m r 12 . 1 980.
H u l n g Au horlty me tlng of
0 .
Liquor Lie ns Authority
mb r 5, 1 80 .
h Pu lie Li r ry Board m etlng
12' 1 0 .
Authority
Minu cs o h Par and R creation Co mmis-
sion ing of Novcmb r 13, 19 80 .
I • •
•
0 c mb r 8, I 0
p 8
b N 1
r aul d
A
Na ys
Council •mb
('n Bi l o ,
on •.
•
• •
8 H
Br d h
d y , I.
w, 0 1
Fi
ll C.ATlO S -
l M m-
h vo
zp t ic
Th vo r d··cl;tr d h mn ion l 1r l •d .
muni
from
into
this
COU NClL
TO ANNEX THE AR EA
SANITATION DI STRI
motion. Upon n c
Na y
'it * •
MEMIH:R BRAO SKAW MOVI:.D TO ALLO W THE DISTRICT
DESCR1BfD AS S PPLEMLNT 12 TO THE CREE BELT
Council M m ~r Fitzpatr d th
1l o th r oll , h vot r sul ollow
Co uncil mbl.•t s H1 dn , NPal, Fi zpa ri. k ,
'" n , B l o , Br td ha w. 0 I •
No n
Th Mayor d •c l r d the t ion ca r rJ ed .
Planning
c rni ng
1501 w
*
d
s i o n m
ac or
* *
h .
1980, con-
r '" and
COU NCIL MEMBER KEE NA MO ED TO RECEl\'E THE FI NDIN GS OF'
FACT . Council M•m r Bilo co n d d h ion. Upon a c ll o(
the roll, th vot r 'su lt d a ollows :
Ay s : Council M mb rs Hi day, al, Fitzpatrick,
K e n , Bilo, Br dshaw, Ot is .
Nay s : o n
Th Ma yo r dec ] r d the mo i o n ca rr i d .
* * * * *
•
I • •
•
D
p
ClTY
, I 0
•
• •
HOVfO TO l NST RU THE ACTING
C~ APPRO I NG THE CO NTRACT .
tton . Upo n c all o th
Ay s : Counc.:ll H(mb't av, N I . Ft zpa ri c k,
w ·, 0 1 l:lil o, Br
N y I o n
Th M y r c.lccl r ·d h mo 1 on c rried.
O RDI NAN Ct 0 . 7
S 'RI ES OF I 80
* * * * *
BY A TIIORI ·y
CO NC lL BILL NO. 36
INTROD UC ED BY COU NClL
Mr BER HTZ PA T Rl CK
AN ORDJNAN C REZO N I N CE RT A! RtAI. PROrtRTY lTHl N THE CI TY OF
ENGL OD , COLORA , FRO M -1-C, :1 L -FAM LV RI:.S lDEN CE . TO
R--. l'fF.DllJM-DE S ITY RE SIOH-1 ~, AND Al'fFN l NG THE OFFICl AL
ZO lNG MAY .
. o . CO NCl l. M.F BER
. SERIES OF 19 0 .
Coun i.l
o r dina n c Hs . K e~na
this ar a, 651 of h
a nd h Plann ing and
r zon •
TO P S COU NCI L BILL
l • ·ond d th t ion •
in oppo si ion o
conv nc d
d n i y .
his opinion.
Hr. Bilo
P an and
in favo r of passing the
mpa ibl zoning around
wa n d it rezoned;
co mm ~nd d approval to I • •
•
0 c mb
Pa 10
tain h
keeping
meet ha
0
Co un cil Mcm b r
add d hat m l m s
hom s could hav · n f
iv way. lf he block
ov r ll n lgh orhood .
•
-
Upon c ll 0 th r oll . h. v o on h tion sulted follow as r -
A Cou n c 1 M m •r Hi •d y, N a I. Ke n . Br adaha w.
N y Cou n c ll HPm rs Fi z p r ic B lo , Oti
The ~~yor d cl re d h mo ion c rrt d .
RE SOLUTIO N NO. 51 ,
SERIES 01:-' 19 0
*
A RE SOLUTIO N PROV lDtNG FOH THF. NOTICE OF SALE OF PECI AL ASSES -
MtNT BOND S FOR DOWNT OWN IMPROVEMENT DlS RI NO. 1980-1, IN THE PRIN CIP AL AMOU NT OF $398 ,800 .
St v
n, !mho f, Inc .. app ared before
n d r comm nd d as ag of the
sal da tor th bo nds as anuary 5 ,
er bid would r c iv d a ter the
wou ld b> no postpon ment of delivery
duled or the last of February, 1981 •
...
I • •
•
'
•
•
• •
D mb 8. 19 0
Pa lt
COU Nt U MF MB R
S ERI ES OF 1 80 . Co un c ll
ca ll o f h r oll , h
TO r S Pl SO LUTl ON NO . 51 ,
o a cond d h i o n . Upo n
o lows :
Ay Co un cil M 111 r s Hi g a y , 1, Fi ~pa r ic k,
•n , B lo , Br ad h w, Ot i .
Na y No n
Th Ma yo r cl r d h t ion ca rr i d .
*
Ac In Ci y A o n y D Wi r nsm i d copi a of t he
docum e nt "mo t i n o Ji mis " con e r nin h c s Vern Mann va.
the City of En 1 wood .
* * * * * *
Ac in g Ci y Att o r n y De Wi t disc u ss d a p nding lawsuit
o f R lia l El c t ri c Co .. In c . vs . 01 o n Cons r ue i on Company, the
Ci.ty o f Englewood nd n i tl S rs Fid li y nd Gu ra n y Company.
Mr. DeW i t stat d th i s c was a comp l in by Rel iab le Electric
to re co v r a c l lm g i n st Co ns ru e lo n Co mpany f o r work
o n the Allen Wa t r Tr atm n
COUN CIL MEMB ER KEE NA MOV ED TO AUTHOR! ZE ACTING CITY
ATTORNEY DEWITT TO FILE A DEFE NSE I N THIS CAS Coun ci l Member
Fitzpatri c k s cc o n d•d h mo t i on . Upon a c al l o the roll. the
vote r sult d a f o Llo w :
ag a i n st
r ecto r o
by Larry
Ay s : Co u n c i l M•mb r s H!gda y, N 1, fitzpatrick,
K na , Bi 1o, Br d h a w, 0 is .
Na ys : No n
Th May o r d cl r d h · mot ion c ar r d .
A ing C i y A
Poltc£> Chi (' Ro
Employ R l
L ydon o n a n
* * * * *
Witt di s c us •d the complaint brought
, City Man g r Andy M Cown, Di-
and th Ci y of Englewood
r .
COUN CIL MEMB ER BRADS HAW MOV ED TO AUTHORIZE ACTING CITY
ATTORNEY DEWI TT TO D "FE ND THE CIT Y I N THI S MATT ER. Council Member
Neal s eco n d ed t h mo ion . Upon a c 11 of the r o ll. the vote re-
sult e d as f o llows : I •
•
•
• •
0 c mb r , 19 0
Pa 12
Ay s Council M H llq~l y, ( I, Fi zp ri clc,
K 11 • Bilo , Br dsh w. 0 is .
Na y on
lh M yo r d cl r d t h mo !on c rri d .
* .,., * * *
Ci y A o rn
h Ci y y
Ms . Hu dnall
Ci y o f rn 1
y O(Wf
a h rtn
claim o
wood .
1
0
CO N IL ~HB E R KFf NA
ATTO RN EY DEWITT TO 0 FEND THE
Memb r Ff zpatric condcd h
TO AUTHORI ZE ACTI C CIT Y
THI S MA TTE R. C unci!
r oll, th' vo d All Upon a c 11 o th
Ay s : Hid y, al. Fitzp ri k,
d haw, 0 i .
Nays . No n
Th Mn yo r d c l red h mo o n c rri d .
"' * * *
in
t h e
status o
stat d h
Cou n cil M mb r N Cou ncil could impo dl.f 0 c r through som o r
Mr . D Wjt l ed h would r s r ch the qu ~s ion and r port back to he Cou nc ll .
* * * * * *
Actin g Cl y A to rney D Wi t pr s n ed t h e Fi n di n gs
of Fa ct and Con c l usi on l n h matt r of th pplication r om
Lynne F . Smith, Mic ha l L . Coop er, E . J . Crabbe, tc . tor -
zo n e th 4700 block of So u h Bannock r om R--C to R-2-C .
•
r
d
.:-d
I • •
•
(
•
0 c mb
p l • I 0
•
• •
CO 'II, I'U-XB~.
01' fACT AN D CO I.U~l • GRAN 1 ~G
BANNOCK. CounLil
c 11 of h roll,
T H H DI G~
t, 700 SOU TH
n. U n
wa
v n
com
Ay II :
Na s
Co unc11 H
Br d h w.
Hi d y.
Counctl Ht m t• .. fi z.
1. K na,
rH: • Bllo .
Th May o r d clur d h mo ion c rr ied .
* * *
A c t in
s silion wi Co A o rno. r ex cu v
me
a c
in a
1l 0
May o r 0 lt. ec I ·05
Coun l I onv n •d wht•n th1s C r r urn d
9 13 p . . "' yo1 0 i d'lk d tor roll c ll.
th> r o I, 'l follo...,l '"''cr• pr• n :
0 h
Upon
Council (•mbc r s Hi•day, N 1, Fitzpa ric. K ena ,
Bilo, Bt d haw , 0 1s •
I • •
•
•
• •
8. 1 80
Aba n · Non .
pr 11 nt. Th May or declar d a quo r
Mayor Otis ata d th r~c
the construction o th drain and
would be in violation u f th C r r
aavinga of mon y. May or Otia ur >d tlon.
award o f
d ,
COUNCIL HEHBER flT ZP ATR I MOV ED TO DENY THE R£Q UEST
FOR THE MUNI CIPAL GOLF COU RSE DRAI N AND LQU ALIZI NG PIPE S UNT IL
PROPER LY PUT OUT ~'OR SEALED BIOS. Council H mber K na second d
the ion. Upo n a c 11 of h roll, th vot r aul d aa fol-lova :
9 :1.5 p.m.
Ayea :
Nays :
Cou n cil Hem b ra Higday, N al, f i zpatrick,
K na, Silo, Brad ahaw, Otis .
Non •
The Mayor declared h mo ion carri d .
* * * * * *
There waa no further business to b discussed,
* * * w * *
COUNCl L HEHBER HIGDAY M::>V EO TO ADJOURN THE MEETING.
Mayor Otis ad j ourn d h m ting with o ut a vote at
-
)'4 ??)_
{)" puty Ci ty
I • •
I
(
•
• •
C ITY A
SPE IAL Hf fTlN ':
Th C.i y Council u Arapaho Coun y , Colo r do, m in p c r 8, t9 0 . • 7 30 p .m .
May or 0 I . pr "'I tltn . C' I 1 d h o ord r .
Cou ncil M m r T om
Fl ~p w s l t d by Boy Scou T r oop
Mayor 0 ·d for roll call . pon c ll 0 h r oll, h ollowi pr,
Council Mcm Hip,day. N 1 • Fl 7p8 ric . K n Bit . dshaw, 0 1
A Non
Th M< yor dec! r d quorum pr nt .
* * * 1 * *
Al o pr s n w n.r .. ;
r Wanush
DeWitt
A
r H1.gbee
Finance
A Co rmrunity
n Romdns
D pu Cl rk Watkins
* * * * * *
COU NCIL M BER H A MOV ED TO APPRO V THE MI NUTES OF
THE REGULAR MFET 1 C Of NO V f . BER 17, 19 0 . Co unci 1 Mem be r Bilo
s co n ded h • m Lon . Up on a ca l o he r oll, h vot r e ulted
as o l lows:
Ay Council M mb•rs Higday, N
K na , Bito, Br d haw , 0 is .
Fitzpatrick ,
Nay ont-.
Th Mayor decl r •d th 1on carri d .
* * * * * *
I • •
•
•
• •
r . l CJ 0
OF TH
IH l o s
r eaul
COL'Nt II I"JH.
SP Cl Al MFETI G Of
cond d h ion .
d aa ollows :
RAD HA MOVf 0 0 Af P 0 ' THE Hl ·u r
NOVEMB·~ 24, 1<80 . Council M
Upon call o f h roll,
Ay a :
Na y
Th
Lowry w i
nan cial R po r
thi s w r d wa
c oun in n d
igni icant
m n •
Council M m
l' n , Bllo,
Non •
yord•cl.rdth
y, {I, f t t.pa nc ,
, 0 is .
on c rti d .
Mr . Lo wry Counctl fo r this r ·co n i t ion .
* * * * *
h •dul~d visi o r , L r t y 0 n ~p . on ,
Littl t o n , a p p • r d l' Orl' Council. Mr . Du lup a
sent d th Mylon C . J cob Supply Cornp ny, Inc . in a r qu
Coun cil to issu indus t ria l r v nu • bonds or 1 w r hou f cili y
at 2614 S o uth Ra r i n Ci r cl . En~>!(•w ood, Colo r ado . Hr. Dunlap
sta d th comp ny had ou gro i pr s n facili y nd n d d to xp nd .
COU NCIL '1E MB ER K!:.E NA MOVED
CE 0 WI TH TH E ISSU AN CE Or I '0 TRlAL
MY LON C. J A 0 8 ' SUPPLY COMP AN Y, 1 C .
s e con d d h mo ion. Upon a c ll o
s f o llo ws:
Ayes : Council M m
K n a, Silo,
Noy one .
TO 1 'TRUer STAFF TO P 0 -
REV~ Ur BO ND REQ ES T FO R
Coun 1l Ml'mb r F zp ric
th ro 11, h vo r su l d
H gday, N al, Fi z patrick,
d h w. 0 i
Th M<l yor dec ta r d h motion c rr i d .
* * * * * *
•
I • •
•
(
•
0 c<.m r , 1 0
p
Counc i I
Mr. Bt
ablli y o l und
al way
pnr y , morp
Mr. r nn m n
I ms c l o r ' Coun~ll tor fu h m ha lh oun y h d no
Th r~·
No 0 hu
m 'l' n s n r
cou c . c 0
OF ENGLEWOOD.
M-!FNDINC ZO N I
Fi zp, ri c k s
v o r sult d 'l
Ay
Nays :
...
•r • n o 0 h
vi i or
the c;pcct
*
lH R
Cou n ci
K na,
'on .
* *
r p
* *
{• r )
I s
* *
•
• -
* .. *
l-
lc
at in
pro u ly would no
o wo wi h hird
ncp CO I'l!J ni( .
pro-
con ith r.
>-8 h •dul,d Vt i o ra.
* * k
!low d 0 p k sine this us .
* * *
A MOVED TO 0 EN TH E PU BLI C HEAR-
REAL PROPERT Y ANNEXED TO THE CITY
INDUST RIA L DIST RI CT, AND
TH REWITH . Co uncil Member
pon a call of th roll, the
H mb rs Hi d y, 1, Fl zpatrick ,
i lo, Brad haw , 0 is . I • •
•
• •
• l 0
Th yor d c.l r J ht <Hl l' 8 r \ I d ,
Th
Th
cou '1 .
INC . Council Mt
c a 11 o ( h • r o 11 .
Ay s ·
N y on .
l t •
I !C. Ht 'A -
on
I, fi zp ric,
Th vor d 'llflt • d ht• mo lon ca r i d .
ORD!NAN Ct NO. 55
SERlE OF 1980
• • • * * *
BY A THOR I fY
COU NCIL BILL NO. 62
INTRODU CED BY COU NCIL
M.MBER KEENA
AN ORDINANCE ZO Nl G CERTAlN RFAI. PROPERTY AN EXI::O TO THE CITY OF
ENGLE D. COLORADO, l-1, LIGHT 1 DU ST RIAL DlSTRl CT, AND AMENDIN G
ZO NING MAP IN ACCORD AN CE THEREWITH .
COUNCIL MEMBER KEENA MOVED TO PASS COU NCIL BILL NO. 62 ,
SE RI ES OF 1980, ON FINAL READING. Cou n il M mb r Bradshaw sec-
onded th motion . Upon a call o h r oll, th vot result d as
follows:
Aye s :
Nay s :
Cou n·il M mbcr Higday, N al, Fitzpatrick,
Keena, Silo, Bradshaw, Otis .
None . I • •
•
•
• -
0 c •m r l 0 p ~
Th y o r d h ' mo 1 n c rrild .
11 y * *
COU NC IL ME MB ER HT ZPAT l C MOVto TO OPI:.N TH E PU BLI C
HEARIN G . t;TT ING FO RTH THE PARAHFH:R S OF THI:. PCOHI NG SI NGLE
FAMI LY RTC A F RFV~N t B NO PRO GRAM O t T HF C I TY OF ENGLt.
OLORA DO . Co un i lM~mbrl •.l cond l d h ion . p o n 0 ,
c ll o t h r oll , h e vo t • r • ul d 8 o ll o w
cs : Coun<.: 11
K n <.~,
No n N y
T M v o r d c l r<'d h
r t y H n r McCo wn
to r pu li e comm n . Mr. McCo wn
o ppr ov 1 o f h p r o•r m.
wi s h in g t o sp
Hi gd y , l 1 , F t z p ric ,
r d a w. 0 t 8 .
rri Pd .
o r din nc w 8 pr aente d
s f w 8 r omm nd i ng
out
Hr.
er the
1yon in h u di n e e
o o n r spen d d .
wi s h in M y o r 0 1 as k d t t
to s peak a8 in s h h ·r • w
pr o gra m.
ny on i n th t• aud nee
Cou n c i I.
was av ai 1
r . Ba k r
l o ans ht:
p r o p r y . u y in come
I • •
•
•
• •
r 8. 1 0
potn May o 0 ia poln td ou h, tnttn 1 n w cl r y
ou in h • p unt!t r Ste: 1 on 1 (n).
th Council.
amount of lim
it .
Hr. Bishop
o con ol.
Council M mb
wher th r w s
original appli c ation.
l'U h I u1r m nl w oo dif tcul
Th r wcr(' no u rth r co rrmhm
CO UN tiL MEMBER KE !:: A MOV ED TO CLOSE THE PUB LIC HEAR-
I NG. CouncU M m r Bil n dc h mo ion . Upon c 11 o the r o 1 . h vo r {! ul ollow :
A y s: Counci l l, Fi tzp ric ,
i
Nays : N o n~:.
Th ay o r d cl r d h • m o n c rri d .
* * + * * *
ORDI NAN CE NO . 56
SERIES OF 1980
BY AUTHOR TY
CO NCIL BILL NO . 65
INTRODUCED BY COUNCIL
MEMBER HIGDAY
n
ll
I • •
•
0
•
(
•
•
• -
AN ORDIN AN CE SETIIN FORTH nn I'ARAMETt S o• TIH. PCOMINC SI NGLE
FAM1 LY HORTCAC F. Rf.V NUt: . NO PROGRAM OF THE C l Y Of N LEWOOD ,
COLO RADO.
CO NC 1 L ME~ER
SERIES OF 1 80, ON •INAL
HlGDAY HOV~D TO PASS COU NCIL BlLL NO. 65 ,
RFA DI N Council M r Ke na a cond d
he motion . pon a c 11 th r oll, h sult a fol-
1owa :
w r
Ay • Co uncil M m r a Hi ay, N al, F zpatrlck ,
K n Bilo, Br da W, 0 l .
Nays Non
Th May r d cl r d th lOO C rricd .
"Co111111.1nlca
(a)
(b)
(c)
(d)
)
(g)
(h)
(i)
( )
* * *
Lo n o Ac
Minu 11 o
Co!TI'Ili
It *
io n R CO!TI'Il nd d" on th agenda
h Bo rd o~ Adju tm nt and
ing o Oc ob r 8, 1980.
iona1 Cou ncil of
o b r 15, 1980 .
Boa rd of Ca re r S rvice
ing of October 16, 1980.
Mi nu · o[ h W c r and S wer Boa rd meetlnga
o Oc ob r 28 and Nov mer 2, 19 80.
Mi nu o the Hou ing Au horlty meeting of
Oc ob~r 29, t 0 .
m
0
0
Liquor License Authority
r ), 1980 .
nning and Zo ning Co mmiaeion
r 5 and 18, 1980.
m eting
of h Downtown Development Authori ty
of November 12 , 19 8 0 .
Minut s of h Pa~k and Recreation Commia-
sion m ing of Novemb r 13, 1980 •
•
I • •
•
•
1-r • P 0
NO ACTlO
b r N 1
reeult d
COU ClL MBER H A M '.'t.O
R COMME NDED " AGf DA I Tt.l".
" cond h m< ion.
ae follows:
10 A CfPT "C OM1'1
(A) -5(J). Cou n 11 M
c II ot h r oll. h
Ay Co un c t 1 I" r a
Kl n, Sil o , Br y , r • 1. fitzp ti(.. •
' 0 1
Na ys No n .
Th .tyor dcclar d ht rn1 ton c u i •d .
Ass R
munlc tion fr o m
from th Cr nb
prvsln ed Co un cil Co -
r d conce rnin r qu
int o f.
this
o nn x dditlon I land
COU CIL MEMBER BRADSH AW MOVED '10 AI LO W THE DI STRICT
TO ANN F,:X TH E AR EA DE SC RI BFD AS SUPPLt:HE NT l TO THE CREE BELT
SANI TAT IO N DISTRICT. Counc 1 Mt•m l'r F1 zpatr c cond d the
motion. Upon a c ll o h roll, h vote r ult d o low
A 1.' Council ~·r"' Htgdny, Nca l. Fi tzpa ri K«.!•n B1 0, B d h w, Oli .
Nay on
Th yor d •c red he ion arri •d .
.. * * It
o r
k.
May or Otis pns ·n ·d
Planning and Zon i.nr, Co mro . ion
c rni n the indi.ng o
1501 W st Tu s Avcnu .
1 Counci.l Co mmuni ca ton om the
m•e 1ng o D •c mb r 2, 1980, on-
5 5 Sou h Os S r t and
COU N lL MEMBER KEENA MO ED TO RECEiVE THE fi NDIN GS OF
FACT . Council M•m •r Bilo s cond d h mo ion . Upo n a call o(
h e roll. th vo r sul ed s ollows :
Ay 8 : Coun i 1 M mb 'rs Hi day, al , Fi tzpa ri ck , Ke na, Bilo, Br dshaw, Otis .
Nay o ne.
Th Mayor d •c 1 r d th m tion carried .
.. * * * *
I • •
•
co
C ITY ATTORN EY
Councll M
r o 11,
Ay e s
Nay
•
•
Mf MlH. BRADS HAW M O V ~ 0 TO I ST R THE A lNG
RLPARE AN 0 DI NANCE APP RO l NG THE CO NT RA CT .
s•condclth rion . Upon cll o i h
u i s to 11 o w
111. I l M ml>
Silo.
on·.
a . N 1, Ft z pa r ic k,
w . Ot t
The M yo t d •c l r ed h rno ion c rr d .
OR DI NAN CE NO . 57
S ERIE S O F 19 0
BY A TII ORl ry
COU NCIL BILL NO. 36
lNTROD CEO BY CO UN C IL
MFMB E F I TZ PAT RI CK
AN ORDINAN CE RI::ZO NI NG Cf.RTAlN RE Al. P ROP ERT Y WlTHl N T HE C ITY OF
ENG LE WOOD , COLO RA DO , FRO M R-1-C, IN GLE-FAMI LY RESI DENCE . TO
R-2-C. MEDI UM-DE SITY R£S l DE N ~ •• AND AMEN DI NG Tm : OFrlC lAL
ZO NING MA Y.
CO CI H.H!BE R f'LTZPATRI HO V 0 0 PASS COUNCIL BILL
0 . 3 , SI:.RlES OF 0 . (ouncil H m r ~: l c ond ~d he motlon.
this
hat
H
s
d
Co unc i I
Counc I. l
Cou n cll
o r d inan c . Ms. K
this r a , 65 7.
and h P 1ann in
re zone .
in oppo si ion to
wa no t con vl nc d
s m d1urn d n it y .
zon ing i n his o pinion.
spok i n o pp o s i ion. Mr. Bllo
rom th Co mpreh n i v Pl n and
cone p .
i n avor o passing the
ompatib l zon i ng around
p opl o n th b loc k want d it r zoned;
nd i.o ninr, Co mm i ss ion t ec otm~•nded approval to
•
I • •
•
0 c mb
Pa 10
, I 0
Counc 11 M~m b ·
tain the r std nti 1 h
keeping stn 1 -amily
meet th t n d .
added
homes
tiv way.
ov r 11 n
•
• •
ed 1 w l mp o r nt o m in-
the City , no t nee sar1ly y
nd his r~zonlng wo uld till
Upon c 11 of th r o ll, the vot o n th sulted aa follows :
Ay s :
Nsys :
Th Me y o r d
RE OLUTION NO. 51,
SE RIES OF 19 80
Coun il M mb~
Brad h w. Hi d y,N ai,K n,
Council Mcm r Fitzp rt k, Silo, Oti
r •d the mot i n arr{ d .
* * * * * *
A RESO LUTIO N PROVID IN G FOR THE NOTI CE OF SALE OF SPECIAL AS E S-
MENT BOND S FOR DO WN TO WN 1 RO\EME T l TRI CT NO . 1980-, IN TH E PRINCIPAL AM OU NT OF $398,800.
St B 11, Ifni n, lmho , Inc ., pp ared before
Council. Mr. B 11 xpl i ned and r<>c o nncnd d p ssage o the
resolution authorizing t he sal da tor he bo nds as January S ,
1981. Mr. B 11 atated b t er bids would be rec ei ved after the
first of th year and th r wou l d b no post ponement o( deliv ry
of proceeds wh ich w re schedul d for the last of February, 1981.
a-
h
n
I • •
(
•
D c mb r . 19 0
Pa 11
COUN<. L ~J: H1H:
SERIES Of 1980. Council
call of th roll, h
•
• -
N NO. 5 ,
on . Up n
Ay a : Counci 1 M m r Hi , ay. 1 . Fl zp ri c ,
K n , Btlo, 8radah w , Ot a .
a a : Non
ocumt:n "ra
h City o
d ted h ~~X; ion c rrl d .
* * * * *
y D Wi
cone rnin
d opt a o th
V rn Mann va .
d a p ndin lawsuit
rue ion Co mpany, the
work
CO NClL MEMBER EE NA MOVED TO AUTii ORIZE ACTI NG CITY
ATT ORNEY DEWITT TO FILE A DEF~~SE t N THl S CASE . Cou ncil Member
Fitzpatrick s cond•d h mo ion . pon a call o th r ol l, the
vot r ult d a ol o w
agains
r c t or o
y Larry
Ay s ·
ay
Cou n cil M mb rs Hlgday, N 1, Fitzpatrick ,
K n . Bilo, Br d hnw , Oti
Non
Th May o r dtcl th mot ion carri d .
~ * * *
di scus s d he compl aint brought
Cl y Ha nag r An dy McCown, Di-
nd th Ci y of Englewood
COU NCiL MEMB ER BRADSHAW MOVED TO
ATTO RNEY DE WITT TO DEFEND THE CITY I N THiS
N al s cond d h m ton . Upo n a call o
sult d as follow :
AUT HORIZE ACT ING CITY
MATT ER. Cou ncil Member
h r ol l , the vote re-I • •
•
•
• -
D c mbcr 8,
Pag 12
Ay 1 . f1 zp ri c
II .
Na y a · o n
Th yo d cl r d th t o c r r t d .
*
-.J
Ac 1
brou ht a in
c rtaln injun
aidewalk in h
(U 0
on
COUNCIL MEMB ER fE NA VED
ATTORN EY DE WI TT TO DEH.ND THE CITY 1 THlS MATT
Hemb r Fl zpa cond d th• rno io n. pon
roll, th vo d s follow
t he
status
stated
co uld i.mpo
Ay 8
l, F zp ric ,
Na ys · Non .
Th May o r d cla r d h ton c l d .
Co un
a
* * * * *
o rncy pr en cd th order from
o Wol Nyo Sidaway d/b /a
n 1 wood , Colo rado Departm n
, Dir c tor o f Finan e . Hr.
h appc l and h co urt agr •d
ppc l wa s improp rly plac d
Mr. Dc Wi t sta d t ch ni c ly th app al
o City Council . Mr . D Wi t discussed th
goin hrough noth r pp l proc 8 and
Council up o dat o n his c
il M D ·Wi i Cou ncil
through som sor proc
h H a ring Offic r
88 .
Mr. eWit s 8 ed h would r 8 arch he question and report ba ck to th Council .
* * ,_. * * *
Actin g Ci y A t or n y D Wi t pr ent d the Findings
of Fact and Conclu ion in he ma ter of th pplication from
Lynne F . Smith , Micha 1 L . Co op r , E . J . Crabb , tc . tore -
zone t h e 470 0 block of So uth Bann oc k rom R-1-C to R-2-C .
•
I • •
(
(
•
D c mb r . I 0
p 1
CO N l L MEKB
OF FACT AND CO N LUSl N
BANNO K. Cou n ·il M mb r
c l l o h r o 1 1 , h
Ay •
ays Cou 1l
Th yo r c1 r tl
•
• •
H d y.
H zp rtc
ion ca rr1. d .
* * * "' *
s
l, K na.
Bilo .
o go
Hr.
o rder
to
Ac t ing C1. y A o rn y D W sk d o r xecutive
s s ion wi h Counci l .
Mayor 0 r c s 0 p .m.
Cl rk r turn d to t he
me t ng a for r oll ca ll. Upon
call of 1 r s nt :
Council mb r Hi day, N al, Fitzpatrick, K ena ,
Bilo, Br dsh a w , 0 i .
•
I • •
•
•
• -
Aba n Non .
Th Mayor de c lar d a quor
Mayor Otia atat•d th r
tha conatruction of th drain and
would b in violation o th Char
aavinga of money. May or Otia ur tion.
pr a nt.
ion o r th award of
pip a. 1 approv d .
v n though 1 wou ld b a
t for this r comm nda-
COUNCIL MEMBER FITZPATRICK HOVEO ~0 DENY THE REQUEST
FOR THE MUNICIPAL GOLF COU RSE DRAIN AND QUALIZINC PIPE S UNTIL
PROPERLY PUT OUT F~R SEALED BIO S . Council M mb r K na s cond d
th mo ion. Upon a call of the r oll , th vo e raul ed a ol -lova:
9 :15 p.m.
Ayea :
Nay s :
Co un cil Memb rs Higday , N al, Fitzpa rick,
K na, Bilo, Bradahaw, 0 is .
Non .
The Mayor declared th mo ion carri d.
* * * * * *
There waa no further busin sa to be diacuaaed .
COUNCl L MEMBER HlGDAY f'«:>\1 D TO ADJOURN THE MEETING.
Mayor Otis ad j ourned th m ting with out a vote at
I • •
(
•
•
(
•
•
• •
CITY
P .CI AL Mf 1 r:·
Coun y,
at :30
y L mt"! l h
o, m • in pt cia 1
Ar paho
r 8 , 1 0,
H, yo t 0
Fl t• ri c k.
T r o 19
Mayor 0 i
o ll, th ol lowin
'nuncl t Mtm
·n , Sil o,
l '
• c! M mb r Tho a
1 by Boy Scou
1 on all o
H!. dav, h 1 , F1 z.pa r1 c ,
,, w , 0 1
* • *
CO m Cl L Ml 1: H A \!ED 0 APP OVE TH
TH R~G U LA M ETI G Of ov· ER 1 , 1980 . Cou cil
s cond d th ion . Upon ca 1 o h r ol l. th e vo
a o 1lo ws :
h
y
A y .. Counc i 1 H mh •r Hig ay , Nc l. Fi z a trick,
Kc n a, B! lo, r dsh w , Otis .
Nay on
Th May o r J•clar d on carri d .
* * * * *
•
I • •
•
•
• -
Oecmb ·r , t 0
Page 2
Ay Coun c il M rnb ra Hi d y. N l .
Lowr
nanC'i
Nays Non
Th yor d
nn , Bllo, 8 dah w , 0 a .
on c r ri d .
* * * * *
zpa ic ,
Hr. L wry hank~ Cou nc il or h i t co n1 ion .
* .,. *
p
a ta c omp ny
to "Jtpand . d n d d
o n,
COU NCIL MFHBf ' .fNA HO\ r U TO INSTR I'Ci ~T At f ro PRO-
CE 0 WITH THE lSSUAN Cr OJo 1 DC TRIAL F VE U~ BONO ){~.QUEST ~0
MY LO N C . JACOB ' SUP P LY COXPA!Y , 1 C. CounLLl M m\t>r Fi z n ~·
s cond .d he mo i on. pttl c 11 o l(' roll h( '1.0 • r~ ul ,,J
as follows:
Ay s . C..ounct 1 M m •r Hir'ay, Fl. zpat rick,
t>n . Bilo, Br d ha 0 i
Nay Non
Th 1-1 .. yo r ion ca rr cd .
* * * * * *
I ' • •
(
•
m
. 1 0
il it
Mr . Br
1 ms t fo r Coun
hem hal th
Th l \' \t.:l!
0 o ch,r
In w s nd •
no 0 hct
...
visi ro; ""''e he pecial
* ...
•
• -
o ~o~ard
he vail-
con
* *
pr•-·h Jultd \' i o r
* * *
c 0 p~ inc h is
* *
COlJ, C II ~fHBF 'F.E A ,Q\ ED TO OP THE PU BL IC HE A.R-
1 G LO C ~; l C ZO '1 G CFRT A REAL PRO ERTY ANNEXED TO THE CITY
OF I::NGLEWOOD, COLORADO, 1-1, LIGHT I NOU TRI AL DiST RI CT, AND
AM.F Dr G ZONI ACCORDANCE, THERE WITH . Coun c il Mem b er
Fi ri c h ion . po ca 1 of the r o l l, the vo r sul
Ay S : Coun i 1 mb rs H d y, N a 1 , Fit z patrick, Ke•na. !lo , Br ds 'W, 0 I
Nays : o n
•
I • •
•
•
• -
r . 1 0
r 11 d .
Th r w a n on 0 I' )( In v o r o
INC.
c all o
Th r w
Aye
Na ys .
no on 0
Nont.
r .
r.
H PUBLIC Ht::A -
lio n. Upon a
i
1, Fi zpa ri c k ,
Th M yor d lot~J the mo ion rri d .
ORDINAN CE NO . 5
S Rl S OF 19 0
* • " *
BY AUTHOR I rY
CO' CJL BTLL NO. 62
1 lHODUCED BY COU NCIL
E ER I<H. A
AN ORD INANCE ZO NI G CE R AlN REAl . PHOHRTY A, EXI-.D ro TH~ CITY Of
E NGLE D, COLO RADO , I-1. I GH I. OUST RIAL 01. 'HICT, D AMEN D! G
ZONING MA P IN ACCORD AN C Tilt E ITH .
COU N IL
S E RlE Of 1980. 0
ondcd th motion.
ollow s:
Ay s .
Na
MB ER KE I-. A MOVfD TO PASS COU CIL
Fl, AL READ!NG. Counc ~m rr Br
Up n a c ll o o 1, thl! vot ...
Coun cil Memb ts Hid y, ul, Fit~p tltr !.
K na , Silo, Brad haw, 0 1 .
•
•
I • •
"
0
•
(
•
r . l 0
Ay •
ay
Counc
K n a,
No n
•
• -
MOV .D TO OPt:N THE PU8LlC
OF THE 'PCO MlNG S l GLE
Cl TY 01' ENGL WCX>D,
pon a
1, Fl pa rick,
Th MA yor d cl r •d h < mo ion carr1 d .
pp ar d
1 th
trs
ish in 0
M
wi shing o
Counc 1 l . r .
wa v i.l tbl
Mr. Bak r s
lo ns h
pr o p rty .
Mr. Bishop
o s i ngl '-family, own
hard to c ntrol h ,c
rent d out aft r h r
involv d .
nc wae pr a nt d
wae r co ~m~ ndin
. lnc ..
i n th audi nee
No on r eponded .
nyon in h aud i nee
pp r d before
h bond program
o r inv stor e.
pplicanta needed the
out
Hr.
the
h mon y to buy income
money
•
I • •
0
•
•
0 c mb r . t. 0
Page 6
•
• -
poin
May or 0
ou in h d ou • hr t n n ton w cl rly
r u n I r S J on ( n ) .
0 vi 1.' !kina, I lOS . Pr
th Council. U d r o th, Mr. ~1 1
amount of tim for o upancy o
it .
Mr . 81 hor
to con rol. h
Th e re no ;u r h r <'Pitlllcn
COUNCIL MfMBER
ING . Coun il Mt~b
th oll, h vo ,
ar d or
a c; •rt tn
could r ll
n wa oo di ficult
L TH P~ LlC HE A -
ilHl. Upon call -:>
Ay Co me iJ M mhu 11 H t d y, 1
tlna, Bil o. Br d h~ . 0 1 h 1p e ric .
Nay on
Th M.u or d c l t d th
ORDINA.NCI:. NO . 5
SERlES OF 1980
BY AUTHOR ITY
1on c rri d .
COU CU. BlW.. NO . 5
NTRODUCED BY COU CIL
MEM'BER HlGDAY
•
I • •
(
sen I N
GACf RF.Yt .
•
• •
LE
COUN CU M. S ~RIE S OF l 80, ON t
h tton . p on 0. s .
a cond d
ae o l-lowe ·
"' r
Ay
Na y a :
C'o unc i I ~ ml 1 Hi
na , Btlo, Br ds
No n ·.
a . N al, r tz pa ri c k,
w , 0 i .
Th M yot tl 'C I ~·d h ion c arr i d .
"Corrrnun c l.on
o Ac l o n R cormt nd d" on the agenda
(a)
(b)
(c )
(d )
( )
(f)
(g)
(h)
(i )
(j )
Min u
Co llin !
0
h Bo rd o( Ad j us~ nt and
ing o Oc ob er 8, 19 0.
D nve r Re ional Co uncil of
Oc o b r 15, 1980.
Board of Car r S ervice
ing of Octobe r 16 , 1980.
h W r nd S •wer Board meetings
r 2 an d No v mb r 12, 1980.
Minut of h Houq ing Au hor ity meeting of Octob~r 29, 1980 .
of h Liquor Lie nee Authority
o No mber 5, 19 80.
Minu e of h Public Lib r ry Board meeting o Nov mb r 12, 19 80 .
Minu s of th Downtown Development Authority
m etin of Nov em r 12, 1980.
Mi nu s of th Parka and Recreation Commia-
sion m~c ing of November 13, 1980 •
•
I • •
•
r • I 0
NO ACTIO
b r N a!
rea ul d ••
•
• -
0 ACCf.P1 "CO MM I I
(A) -5( ) . Counc
c 11 of h.: roll, m-
vo
Ay 1 :
Council •mb r Iii J y , N •al , Fttzpa ri.c .
Run . Bfl o. Br d w , 0 1 •
Na y Non
Th Mv o r dt•cl r d h rno ton t rri •d .
* * * * * *
Aes is
munl cation from
from th Cr nb
into its se rv ic
this r qu t nd
COUN C IL MEMB ER BRADSHAW MOVED TO ALlOW THE lSTRICT
TO ANNEX TH E AR EA DESCRIBED AS SUPPL GRE 'BELT
SANITATION DI ST RICT. <>unci 1 M rnb r d h
moti on . Upon ll o t h r oll, h r ollows :
P l ann in
c rntng
1501 w
th
Ay
Na ys .
Coun 11 H •m
Ket·n , Bi: lo,
N on~·.
HI d11y, tal, F! 7p r ick ,
dsh w . 0 1 •
Th M yo r d •cl r d th n on car r io.:
May or 0 is pt
and Zoni ng Commi
th indin
Tu ,
Ay &·
Na y on •.
* • *
Council Co
t•t1ng o Otc
or 4545 !:iou h 0
ion ro
TH FI NO GS OF
ion. Upon a c 11 o
al, F i tzp tnc~<.,
l •
The Mayor decl.t d the motion carr! d .
* * 'II * * *
•
I • •
•
, I 0
St r l'S
floud Con
or 507. t l th
Ort v•• i
y Cr ••
•
• •
CO UN <.l t . f 8ER
CI TY ATTORNEY TO llU I ARE
Co un cil M mbt• r
roll, h(' vo
Ay
ya
Cou c1 I m
na, B1 lo,
on .
HI ,11 y, N • 1, H ~pa ric ,
d~>ha . 0 is .
The Mny o t d clar • h motion c rrl
ORDlNANCf; NO. 57
S RlE S OF 1980
* * * * lr
BY A 'THOR! fY
COU NCIL BILL NO. 36
INTROD CEO BY COUNCIL
M}'MBER FiTZ PATRI CK
AN ORDiNANCE RJ::ZO NlN C CE RTA I EAL PROP RTY WlTHl N THE CITY OF
ENGLE WOO D, COLO RADO, F OM R-1-C, I 'CL -FAMI LY RESIDENCE, TO
R-2-C, MEDI M-D£NSITY RE SIDF Nt.E, AND AMENDING THE OFFICI AL ZONING '1A\'.
CO N 1 KEMBER FlHPA IC' 10 ED TO PASS COU NCIL BlLL
0 . 3 , SERIES Of 19 0. Council M m r cal s onded he motion.
Coun i 1 Mt>m r F1 pa ric
hlS Otdinnnc . t:. ritzp tr1C
hat h · prop~r v could on y ~ u
in opposition o
was no convinc d
HD d r ~oninR he rea would m dium d ns ity .
zoninn in his opinion.
Cou nc i.l
ordina n c Ms. K
this ar a, 51. of th
and the Plannin and
re:z.o ne.
Silo po in opposi ion . Mr. Bilo
t~d from the Compr h•nsive Pl nand
mt'y con e p
r K ·n spok in avor of passing the
sta cd th r wa omp atib le zoning around
p opl• o n th block wan ted it rezoned;
oning Commi ss ion r commended approval to
•
)
I • •
•
0 c mb r , 19 0
Pag 10
ordinanc
ing b c ause
ing au bj ct
Cou n cil Mcmb r
a d ded th som tim s an
h omes could hav n
t1ve way . If th block
overall neighbo rh ood .
•
• -
1 ~ impo r t nt to rnain-
1 y, no n c rily by
hi r zonin ~ould still
Upon call o tn r oll, h • vo
s u lted aa foll o ~s : ion r -
Aye
Nay
Th MAy o r
RE SOLUTIO N NO. )1,
SE RIE S OF 198 0
Coun il M
Br dsha ~.
Council
Oti
declar d h
*
rs Higd y, N ~ na,
Htzp ick, Bilo ,
mo ion c rr1 d .
* "' *
A RESO LUTIO N PROVIDING FOR fHE NO lC~ OF
MENT BOND S FOR DO WNTOWN IMPRO VE NT DlS
PRI NCIPAL AMOU NT OF $3 ,800 .
OF SPECIAL AS:ESS-
0 . 19 0-1, 1 THE
0
Janua y 5 ,
at r th
postp on ment o( d ltv ry
las o f Februar y, 19 1 .
•
8-
h
n
I • •
•
0
•' J (
•
D c ·m r , 19
p 11
ou
SE R Or 't'lft
c 11 0 l hl
~ ya : t o n
doc
rh
1h
A
yor d c 1 r d th
v A o t· •l V 0
•J ~h· m1 a" ~on
< o d .
•
• •
~0. 51 .
on . Upo n
t a! . Fl :tp ri.c ,
1 •
ion ca rri d.
copi a of t he
ern Mann va.
di8c u p ndin lawsuit
o on Con ruction Co mpany. the
Fld lity nd Gua n y Co mpany .
Mr. mp lnt by Relia El c tric
o Co n ru e ton Company f o r work on h
COU NClL 'Ml3 ER
ATTORN EY DE WITT TO flLE A
Fi zpatrlck 8 conded h
vote re ulted a ollow :
H:NA
DEFI:.
Ay 8 : Counc! M m
agains
r ctor o
by La r ry
Nays :
The yo r
K na,
Non
dt!cl ar
*
Bilo,
d h.
.,. *
·o TO AUTH ORIZ
IN THIS CAS
pon a c al l o
r11 Higday, N
Br d ha w, 0 i
0 ton car ri d .
* * *
ACTl NG CI TY
C.ouncil M mber
th r ol l, the
1, Fitz pat rick,
Wi di s c u s d he compla int brought
s, Ci y Mana ger Andy McCo wn, 01-
B·Vi rt and th City o Englewood
r .
COUNCIL M.EM13 ER BRAD SHAW MOVED TO AUTI!O RIZE ACTING CITY
ATTORN EY DEWITT TO DEFE ND THE CrTY I N THIS MATT ER. Council Member
Nea l seconded h tion . Upon a c 11 o the r ol l, the vote r e -sulted as follows:
•
I • •
•
0 c mb •r . 19 0
Pa 12
A.y • :
Hays : Non
Th Hayer d cl
co N ll. HEHBE
A.TTORNF.Y
M m Fl p
r oll, th vo r
Ay 8 :
•
• -
r IIi I y, c 1. Fi l.p tr c ,
B adah \0 , 0 i
*
n lltgd y, at, Fitzpa rl ck ,
ad haw, 0 i .
Non Nay
Th yot d •c 1 t u.l th mo i on rned .
Council M m
could lmpo
th rough om lH>r
Mr. De
and r po rt ba c
* * * •
t if Counci 1
ar ng 0 .ic r
d h would r • arch th qu
1. ion
11 • * *
rom
Acting Ci Atl n y DtWi d th Findin s
of Fact and Conclusion 1n h rna r of th pp1icatton from
Ly nn e F . Smith, Michae L. C op er. F . J. Cr bbe , tc. to r -
zone th 4700 block of South Bannock om R-1-C to R-2-C •
•
,
•
I • •
•
•
• -
D C(mbt r , 1 0
p t' 1
Of FACT
BANNOC. •
c ll ot
Ay a :
ya :
0
Br
Counctl tM
Ht: H or s
700 ,..Q TH
p .n a
l, K na,
Th y or d d r d h 1 mo on c r r i d .
A *
Ac ins Ci y A totncy D •W1
s sion w i h Council .
me tin 8
8 call o
May or 0 d c 1 r d
Council r•conv n~
9 :13 p.m .
th r o 11,
sk~d or xecutive
a 90Sp .m.
r r urn d to t h e
r oll c ll. Upon
nt:
Counc 1
Silo, Br Hi day, N l, Fitzpa rick, K e na,
Oti .
•
I • •
0
•
•
D c mb t 8. 1 0
Pa 14
Ab n : on
Th or c 1 r d a quor
Mayor 0 ia s
th onatruc ion o h
would b in violati on
aavin s of moo y. May or
tion .
•
• •
pr St·
COU Cit. 'HBER flTZPA MOV 0 TO DENY THE R Q F.ST
fOR THE MUNICI PAL COL CO RSE DPAI D £QUALIZ1 NG PIP S UNTIL
PROPERLY PUT OUT FOR SEAlLO 10 . Counc il H mb r K na s cond d
th IDO ion . pon a call o th roll, th vot raul d as ol -low a :
9 :15 p.m .
Ay s : Co
K • n •
al, F tzpatric •
h.
N ys • N n
Th MAyor d cl d h mo ion c rrt d.
Th r was no ur h•r tusin 0 b di. CU II d .
* * * * * *
COUN lL MEMBER HlGDAY VED TO ADJO URN THE MEETiNG .
MAyor Oti Jng wi hou vo a
•
I • •
....-
(
•
•
• •
CITY
IO-
ADO
S PECI AL Hf.F.Tl G :
T C l ty Council 0 h Ar p ho Cou n y, Color do, m in cia I r 1 0 , at 7 30 p .m.
yor 0 11, pr ldlnf, c 11 (•d r o ord r .
fi rp r
Troo p I Q2 .
by Co unc t 1 Hun Thorn s
r,l nc ~ w l d y B y Scou
r o ll,
Council (•m
K n Silo,
Th yor d
Als o pr • •n
l'cl or r: 1 I c 1 .
pr s n ·
r ll ig ay. a 1 . fl
Br aclsh w , 0 i
on
cLtrtd I quo m p
* * .,., •
w •t .... ~
A
'po
:r. 8
nt .
ric
c 1 1 0 h
.
W nush
Wi t
I x o fficio
r: Higbee
o r F inan c e
A n Di r c or of Co mmunity
v 'topmen Ro m n s
0 Ct rk Watk in s
.,., * * * * *
CO ClL r~MHF H.NA VED TO APP ROV
TilE REGULAR ME F. 1 C o~· 0\ EMBER 17, 1980 . Coun
s con ded t h ' mo 1 on . Upon a c l o h rot 1 ,
as o llows:
TH I:. MI NUTES OF
1 M m r Silo
Ay s : Cou n
K •n11.
Nays : onP .
h vote r sulted
H1gd a y, N 1, Fi t zpatrick ,
dsh w, 0 is .
Th Ma yor d cl r d th motion c arr i d .
* * * * *
I • •
•
Of TH E
Bll o
re sul
• I 0
CO NC L. Kf.. f,
SPI:.Cl AI. ~.H.Tl C Of
con d d h ion.
d f o I Lo
•
• •
RAD "HA !") 'I 0
OVEMBU • •,
Upon c 11 o
Ay s : Council l•km
K<: n . Silo,
Na y on .
0 APP 0' HI:.
) . Counci I M
h r oll,
, 1-1 -'P rtc •
Th yor dccl.r •cl h ion c, rt i d .
* * ~ * *
manag -
Mr. Lowr y h nk touncit to r hi r •co ni ion .
* * * * * *
Pt -chcdul d vis1 o r . Lur r y Dunlap, 820
Littl o n, appc r •d o r Coun !I . Mr . Du 1 p a on ,
s nt d the Mylon C . Jacob Supply Comp ny, Inc . in
Council to i ssu ind u s tr ial r v nuc bond
at 2614 So uth Rari n Ci r cl , En 1 wood, Colo r do .
stated h co mp ny h d ou g r own I s pr s n
to e xpand .
COUNCI L MEMB ER KEE NA MOVI:.O TO l NSTRUCT ST AFF TO PRO-
CEED WlTH TH E 1 SSU AN CE OF l ND ST Rl AL R EVE N U~. BO ND REQ EST FO R
MY LON C. JA CO BS SUP PLY CO ~~ANY , l NC . Council M mb r Fitzp tr ic
se con d d h m ion . Upon c 11 o h oll, h vo r sul d a s f ollow
Ay s . Co un il M mb •r Fi z pa t r c k, K f:'n a . Bilo, B
Na y None .
Th Ha yo t· dt>c l a red t h Ill() ion c r ri d .
* * * * * *
y
I • •
(
•
In
p,
l '
or no
• 1 0
Counc tl
M • B•-•nn m n • s
lli of und
l w ys
ar y p
M B nnt'mJn
Counc 1 l for
COlin y h d
Tht•• • ' r l' no
tu
no
*
0 h •r
* 1<-
No orhcr vi ltor
me in w un r th~ sp cl
* *
•d h
*
pr
*
•
• -
0
ra
i
* * *
-hedul d Vl
* * *
d o sp
s .
l
s .
o r
t-
h
only
0
p r o -
l y
el her.
since this
OU CIL MF BER KFF: A .OVED TO OPEN THE PUBLIC HEAR-
C CO CERN I G ZO 1 G C~ RTAl REAL PROPERTY ANN EXED TO THE CITY
Or ENGLEWOOD. COLORADO. 1-I, LIGHT I NDUSTRI AL DIST RI CT, AND
AMENDING ZO NI C MA P r ACCORD AN CE, THERE WI TH . Counci l M mber
Fi 7pd ri ck econd d th ion. Upon a c tl of th r o ll, the
vo r ul da olio
A Councll M mb r HI d y, N 1, Fitzpatri c k,
~~n . Bilo, Bradshaw , 0 1
y 'one .
•
I •
0
•
I NG.
call
•
• •
9 0
M; vor •c:l r tl on
hy
1-
lc.l
Th r was n un • o p~ 1n vo o f hi m r .
Th r~· w
Ay s ·
N y
no on• o in i ma r.
r
MOVfD TO CLOSr liE PUBLIC HEA -
h vo • •cond,•d l h • t ton . Upon
d 8 ollow
o uncil Mt'm •r s lli gd y, N •nl, Fi zp ri ck ,
K ~nu. Bilo. Br dsh w , 0 Is .
N on ~.
Th M yo r d~clar •d h m l o c~rr1 d .
.. lr * * *
BY AUTHORITY
ORDINAN CE NO. 55
SE RIE S OF 1980 CO NCLL BILL NO. 62
INT OD CEO BY COU NCiL
F.MBFR KEE NA
AN ORDINAN CE ZO NI NG C£RTAI Rt:AL PROP 'RTY AN r:Xr.D TO TilE CIT Y OF
ENG LEWOOD, COLOR ADO, I-1. L GHT iNDUSTRIAL Dl S Rl AND AMENDI G
ZO NIN G MAP lN AC ORD AN CF THERE WiTH.
S ER IES
o nd cd
ollow
CO NCll. MEMBER KEE A MOVED TO PASS COU NCIL BILL NO. 2 ,
1 0, ON FINAL R AOI NC . Council M m r Br dshnw s c -
tlon . Upon cal o h r oll, h vo r sui d as
Aye
Kc na.
Nay Non .
•
al , Fitzpatrick ,
s . I • •
(
•
•
• •
D r l 0 p
Th ~ yor d cl ~d h m0 io ·•rr I.
* * ...
HFAJUNG
D ,
or pu
pprov
d
1 r t 0
w ishing
wishine
loans
prop rty .
0
0
Ayt•
'ay
Thl' YOI
Mayor 0 is
sp k 1n
Ma yor 0 I~
sp k llg
0 t .
cl •tl ion
skpd i
ovor oi h m.
askc•d i [ ht r • wu
in he p ogram .
., . tnve or
on . 'po
ud. Fi ~p ri c
i
c rri d .
o r ulnanc w
!I f ,., 8
nyont> in th clUdi nee No on r a pond d .
nyon in th udi n e e
Mr. Bishop s a d he in to lo an the money
o sln 1 -family, own r-occupt d pp 1c n s, howcv r, it was
hard o con r o l h > hu h m y b r sold or
r nt d ou o wn r -o ccupied time involved .
•
.
out
Hr.
the
I • •
•
•
• -
r 8. 1 0
y o r 0 u o n uJ ou h int n ion w s cl r ly
poin d ou in h par m, ~ r un•l • r S c I on (n).
Dav id W ll ~ln , 1105 W. Prin
th Council . Und r o
amount of t im r occupan y of
it.
Mr. Bl ho p tlt d h
to c n r 1.
Coun c il M mb ~r K
wher th r wa any control wa
o riginal application. At that
aubatantial amount of inancia l dl c lo
th odds of an indlvidu 1 r c ivln•
in six m nths o uy th s cond h ou •
flra o n would lim .
The re w •r • no u r h r conn nt
w oo d 1 ft ul
hom •
com
b n -
d
COUNCiL MEMB ER KEENA VED TO CLOSE THt PUBLI C HEAR-
ING. Council M m r B lo nd d th mo !on . Upo n a c ll of
the r oll, th vo n • u •d a ollows :
Ay
1, fltzpa rick,
N y s Non
Th yo r d cl r d th o n arrl d .
ORDINANCE NO. 56
SERIES OF 1980
* * * * * *
BY AUT HO ~ITY
COUN CIL Blll NO. 65
INTRODUCED BY COUNCIL
MEMBER HIGDAY
•
I • •
(
•
0 c ·m r , I 0
p
AN ORO[NAN Cf. !:>~
f AMILY R TC A G~
COL ORADO .
Sf RI ·s Of
h tion.
low :
Ay
N y
•
• •
RTH Hf. I'ARM'.F.n
0, D PROGRAM Ot
HlGDA MOVfD TO P
RFAD NG . t.ounc I
f h ro 11 • he vo
Sl N LE
D,
NO . 5,
cond d
o l-
II f 1h y , a l , fi pa ric ,
ds w . 0 i .
• on
Th M yo d c I r d t h ln<>t 1 on rrltd .
"Cormrunlc
w •r
( )
( )
(c)
(d)
( )
( )
(g)
(h)
(i)
(j )
* "' * * *
-, o Ac ion c IIITl(nd d" on h ag nda
H nu I' o
Appea I, mt
tht Bo rd o Adju m n and
tn o Oc ob r 8, 1980 .
Hi nu . ., o h R • , to n l Counc L 1 of
GO\'Crnmo..n 8 m r lS, l 8 0 .
d •r S rv .c
ob•r l . 1980 .
Wa •r Bo rd m etinga
rlnd 19 8 0 .
M1 nu ,. 0 H u !ng Au hori y me ing of Oc oh • ~ 0 .
Autho rity
nd Zo n ln Co D'IIIiaaion
nd 18. 19 8 0 .
hl Pub ic Libr ry Boar meeting
12, 19 0 .
0 Authority
0
Minu 0 h p rks and R c reat ion Co nnie-ing of Novcmb r 13. 1980 .
•
I • •
J
•
• -
, I 0
COUNt ! L :MB ~ H NA MO\f D
NO ACTION RE CO MMFNDfD " AC.F NDA IT MS 0 ACCEI'T "CO MM IC.ATIO S -
r N I 11 'con d d ht ' 011
r ault d as o l l o wa:
(A) - ( ) • CouncU Ml' -
c ll o h•• r o II. h vo
Ay Fitz pa r ic ,
N y Non'·
1 h M o r d •t..l r d h( m ion < tt t d .
A i
municlltion fr om
from th Cr
into it11 rvi c •
this r qu nd
* "'
a Counc it C m-
COU NCIL MEMB ER BRAD S HA~ MOV D TO ALLO W THE Dl STRl Cr
TO ANNEX THE AR EA DE SCRfB f.D AS S PPL EME T 12 TO TH GREENBELT
SAN ITATIO N DISTRI CT . Co un cil M~m b •r Fit zpa ric con d d the
mo ion. Upon Cd l l o th r ol l, h • o t ~ r u t d a ol low
A
N y
Co un r 1 1 M<•m
n . Bilo ,
No n
The May o r d e c l r •d h
M yo r 0 i
Planning n d Zo n i ng
c rnin th f i nd 1n
1501 W t Tuf
FACT . Co un cil M
th r o ll , th \'O
Ay
Nay
*
Coun
na,
on
Th Ma yo r d c r d
*
ay, cai ,F z pari c k,
w. Ot 1 •
ion c ar d .
* *
uncil Commun 1c
in o D•c £mb r
5 South Osa
om the
0. con-
nd
THE f ND I N S Of
ion . Upon a c 11 o f
r s H d a . 1, Fitzpa r c ,
Br d h w , Oti s .
ion rr ed .
* *
• •
,
I • •
(
•
r . Ill 0
May o r 0
o! fn 1n 1
n Dr Jn
h Ci
IH.J J< t
0 l i
A s ·
•
• •
MOVF D TO fNSTRUCT HE A Tl NG
ANC~ APPRO VL G THE CO NTRA
pon c 11 h
Counl'il ~ "'l'r HJpd ·1v. l. F1 zpa rick.,
Silo, 8td d!. 1 w , 0 1
y.. o n •.
The Mny o r d ·cl 1 d h mo ion c r il'd .
,. * ,. *
Y Al'1 HO 1 TY
ORDlNANtr O . 57
CO ' ClL BILL 0 . 3 6 SE RIF S OF 1980
[ TROD 'C f . D BY COU NCIL
Mf Bf.R fiTZPAT RIC K
A ORO! AN CF R!-.ZO I G O.RT l IH:AL P OPFRT Y W THI THr CI TY O F
f GU: 00, COLORADO, rOM R-1-C. Sl GU-FAMlLY REStDt CE, TO
R-2-C. DIUM-0! , I ry Rr:~J !H. 0. '0 AM.f.NOING THE OFF l AL 20 l MA Y .
CO NC!I. • . BF f'l! ::P Al lC tOV 0 TO PA 'S CO NC .•o . Sl:.RJ l:.S OF o 0 . C ounctl 1-'f mb._, 1 cond d h
Council Mt mhP r F! 7p<l rt c
o din nc . l ·. r 1 t z p t r 1 c s
h • p opPr v could only b1 u
·d r •zontnr, h ar would
n oppo i ion . Mr. Bilo
h Co mpr•hcns v Pl nan
p
o din nc
this r
and th
<>n • po in he
around , t >d thl'r
p op l n h
r zon • Zoning Comm 1ss io
•
I • •
•
D c mb r . 19 0
p 10
tain th
k pin
m t h
Counc i I
•
•
Upon call ot h roll, h v <'on h~ su1ted as oltow
Ay
Nay
Th May or
RESOLUTIO N NO. 51 ,
S Rl ES OF 19 0
d
Counc 1 I
Br d ha w.
Council M
Oti
cl r d h
* "
mlH rs Hi d y, eal,
m IS Fi zpa rtc
1110 i n c rrt d .
* * * *
ion r -
' tn '
Bilo,
A RESOLUTIO N PROV Di NG fOR THE NOTiCE OF SALE Of SPECI AL ASSESS-
MENT BONO FOH DO WN TO WN I ROVEHENT DlST ICT NO . 1980-1, lN THE PRlNClPAL AMOU NT OF $398,800.
St B 11, H ni n, lmho , lnc ., app ear d before
Cou n cil . Hr. B~ll xp lain d and co mm nd d passage of the
r olution autho izin th sal da l o r th bo nds as January S ,
1981 . Hr . 8 11 s ated t r bids would b r c iv d a ter the
fir of th y a r nd there would b n o post pon ment of delivery
of pr oce ds wh i h w r e sch dul d or th last of February, 1981 •
•
nd
h
)
I • •
(
•
D c-mb r 8, 19 0
p ll
•
-
COUNCil. MFMBf R HNA Vf,O TO PAS ~ESOLU T
S ERlE Of 11}80. oun c ll M>rnlH'r ito S(COnd ,•d th to. 5 1 .
on . Up n c 11 o th r o h vo r 11 11 l d ' t o I I ow
Ay Counc 1 M ... m r lllg· y, 1, f1 zp r c ,
K ~n , Bllo, Bra d h w , 0 i
Na y Non
Th Ma yo red th t I n c-rrt d .
* * * * *
docum nt
th Ci y o
Ci y A o rn y 0 WI•
o dt mi!l " cone rnl n
wood .
d cop! a o the
c , V rn Mann v a.
to re
on th
* * A * * *
W1 t di cu d p ndlng laws uit
. Olson Con rue i on Compa ny, the
l s F d li y nd Gua ran y Com pany.
co mplaint by Reliabl El ct ri c
o n C n ru e i n Company fo r work
COU NCIL MEMBER
ATTORNEY DI::WITT ro Fl LE A
Fltzpatr c s co nd d h
vot r suited a ol o ws :
EE NA VED TO A THORI ZE ACTING Cl TY
DEFc SE lN THI S CASF . Co un c il M mber
ion. Upo n ca 11 o f the r o 1 1. the
Ay s ~
Na ys :
Th May o r
Actin Ci
galnst Poli c Chi (
r ctor of Employ R
by Larry L yoon
d
Co un Mem
K • n . Silo,
Non
cl r •d th
* *
A torney
Rob rt Holm
l a ion M
mpl oy e m
rs Hi
Br d
rno ion
• *
d y, al, Fl. tzpatrlck, h w , 0 i
cnrri d .
*
scu s d the compl aint brought
y Manager An dy McCo wn, 01-
nd he City of Englewood
COUNCIL Mf:MBER BRA D HAW MOV ED TO AUTHORIZE ACTING CITY
ATTORN EY DE W! TT TO DEF END T H~. Cl TY lN TH S MA TTER . Council Member
N al second d th mo ion . Upon a call o th r oll , the vote re-sulted as follows:
•
I •
•
•
• •
• 1980
A y, ( 1, F 1 p l r l c ,
. 0 i
Na ys · o n
y o r d t o c rr 1 •d .
CO N ll. MEMBER KEtNA V D TO AUTHORIZE ACTl NG ClTY
ATTORNEY DE WITT TO OffEND 1~E CITY lN THIS MA TTE R. Co un 11
M m r Fitzp ri c c o nd d h i o n . pon c ll o h
r oll, th vo r sul d o ll ows :
Ay Council M mb rs Higd y , N al, Ft zp rick,
K na. Btl o , B dsh w , 0 L •
Nay s : Non
Th Ma o r d cl r d th mo ion c rr i d .
* * .. * *
pre n •d th o r d r from
the o Wol Nyo idaway d/b/a
n 1 wood, Colo ra do D p rtment
, Dir ctor of Finance. Mr.
'he pp a and h cou rt a r 'd
ppe 1 wa imp rop rly plac d
C ur . Mr . O•Wi ta ed chnt c ally th app 1
hav b •n o City Council . Hr . D Wi discuss d the
status o this cas going hrough nothe r app al proc as and
stated h would k p Council up o d t on th 8 cas .
Cou n cil M mb•r Ne 1
co uld i mpose a 8 ntcn c di f r n t han
t hrough som sort of administra iv
Mr. D Witt
and rep o rt back to th tated he would r s arch
Counci l.
* * * * * *
h(' qu stion
Ac ting City A torney De Wi tt p r sent d the Fi ndings
of Fa ct an d Conclusion in th matt r of the pplication from
Lynne F. Smi h , Mich 1 L . Coop er, E . J. Cra b be, etc . to re-
zone th 4700 blo k o Sou h Bannock rom R-1 -C to R-2-C.
•
I • •
n
0
•
(
•
D mb r • 1 0
p 1
CO 'II , Mf .MB .
OF FA AN D CO <CI .U 10, G
BANNOtK. Council M
c 11 o t h r oll,
Ay s .
•
• -
APP OV ~ THf. F l 01 GS
f R~ .Q ' G Or 700 SOL'lli
d h r ton. Up
lollows
l, K na,
y tounc H 1p rl Bilo .
con
cons
comm
cours
contr
was
v n
com
ssl.on
me tin
a call 0
wl
a
Th yo t !on c arrt •d .
* * * ...
to
Ac in C t y A o rn y D•Wi s ked or h Council .
May or 0 ls
Coun il r
9 ' 13 p .m.
th r oll,
Counc i I
Bilo, B
d ecl
conv n
May
h fo
d r c s 05 p .m.
d when Ct • k r urn d to th e r 0 i o r r oll c 11. Upon lowing p r nt :
Hi day, N al. Fltzpa rick, Keena ,
Otis .
•
I • •
n
•
•
• -
8 . 1 0
Ab n : Non .
Th Mayor d clar d quorum pr en .
May or Oti at t d th re comm nd ton o r th war d o
the conatruction of th drain and q ali z ln • ips, if approv d ,
would be in violati on o( th Ch r r th o u h i wou ld b
aavinga of mon y. Mayor Otis urg d l o r this r commen da-tion.
COUNCIL MEMBER FITZPATRI MOVED TO DENY THE REQUEST
FOR THE MUNICIPAL. GOLF COU RSE DRAlN AND EQUALIZING PIPES UNTIL
PROPERLY PUT OUT FOR SEALED BID S . Council M mb r K ~na cond d
the motion. Upon a call o f th r ol l, th vo r sult d a ol -lova:
9 :15 p.m .
Ayes :
Nays :
Council M mb r Higd y , N al, Fitzpatrick,
K n . Bilo, Bradshaw, 0 is .
None.
The Mayor d cl r d h ion carri d.
* * * * * *
Th re was no fur h r bu in ss to b discussed.
* * * * ~ *
COUNCIL MEMBER HlGDAY MOVED TO ADJOURN THE MEETING .
Mayor Ott ad j ourn d th m tin wi hout a vote at
rk~-
•
I • •
t
t.
(
•
7 0 P .M.
1.
f)
f u (
2 .
l l J
.~
I
3.
•
• •
\<_
Af, . DA f'O THF.
SPEClAL rEET[ G OF
TilE CITY COL' CIL
. 1 80
Hi nut
(a) Hinu 0 h
1 80 . (Cop ie .
(b) inu
1 0 .
Pr -Sch dul d VL ito ~: tion
( )
to 10 minu s .)
Mr . L.1r v IJ nla p o f
Company, lnc .. Tu l
to di cus i ndustri
n clos d .)
l'tr . Jim Br
s n to discuss
tin o o vemb r 17,
i ng of o v mber 24.
(P l s l imi yo ur p reaenta -
Di r ctor of Fi nance,
cc p the Municipal Finance
rd of Fin ncial Report-
year 19 7 9. (Copies
Myl o n C. J cob Supply
, Okl h oma, will be present
1 r v nue bo nd (Copies
Hou s . will be pre-
i n license fees .
Ot h r Visitol."s . (No discussion under this category
due to spc i l m e ing status.)
4. Public Hear in s .
(a) Consideratio n of an Ordinance on Final Reading
zo nin c rt in real prope rt y annexed to the
Cit of En lewood , Colo rado, I-1, light industrial
d i ri t, nd a m ndin zoning ma p in accordance,
ther with . (Copies enclose d .)
•
I • •
4 .
5.
6.
(
•
•
• •
·i
. l 0 A ntl
Public H 1 (Con inu tl)
Communic io n -No Ac i o n R comm nd d .
( ) of h 8 rd o Ad ju men nd App ls m of Oc ob r l c. (Cop ies enclosed .)
(b) r R ion 1 Co uncil of Gove rn -ob r 15, 19 0 . (Copies
(c) Minu s 0 Bo rd of C r er Service Commis-sion r s m e of Octobe r 16, 1980 . (Co pies en clos tl . )
(d) nd S w r Bo ard m tings
mber 12, 1980 . (Copies
( ) Minu 0 Ho u in Authority meeti ng of Octob r 2 0. (Copies enclosed .)
(f) Minut of h Liquo r License Authority me ting of ov mb r 5, 1980. (Copies nclo s ed )
(g) of and Z nin Commission
nd 18 . 19 0 . (Co pies
(h) Minu of Public Libra r y Board meeting of Nov mb r 1 0. (Copi n los d.)
( i) 0 D wn town D velopm nt Authority me of mb r 12. 19 0 . (Cop ies encloeed .)
(j) of tio n Commission of (Cop ies enclosed .)
Communic Lio n s -Action R co~ended .
(a) Council Communica ion from t he Water and Sewer
Boar d co n c ern ing Supplem nt 12 of Gr eenbelt
Sanit ion Di rict . (Copi es enclosed .)
•
d .)
I • •
•
•
• •
·I
Pag 3
Deceab r 8, 1 0 A nd
6 .
c (,
Co~m~unl ion-Action R commend d (Co n inu d).
(b) Council C mmunica
Zoning Commieaion me in
conce rn ing h indings of
Os S re t, and 1501 Wee
(Copi n clo ed .)
Plan n n nd
c mb er 2 , 1980
fo r 4545 South
a Avenue .
(c) Council Comm uni c ion rom he Dir ctor of
En r in S rvi.c concern i n L i t l Dry
Cr (Copi s nclo d .)
7 . Ci y A torne
{1l ~J )I t1 •
Ordlnan c on Final Reading .
(a) Ordi n n c r zo n ing certa in real pr o perty within
th City of Engl wood, Co lorado, f r o m R-1-C ,
in g le -fami ly residen ce , o R-2-C, medium-density
r sidence, and ame ndin g the offici al zoning
map -4700 South Bann oc k St reet . (Copies enclosed .)
Re so l ution .
(b) Reso lut ion providing fo r he notice of sa le of
Specia l Ass es sme nt Bonds for Downto wn Improve-
me n t District No . 1980-l, in the principal
amount of $398 ,80 0. (Copies enclosed .)
Ot her Matters .
(c) Mo ion To Di miss -Mann v s. City of Englewood .
(Cop! s enclo ed .)
(d) Lis Pend ns -Reliable Electric Co ., Inc . vs .
Olson Cons ruction Company , The City of Englewood,
and Uni d States Fidel i ty and Gua ranty Company . (Cop! s enclosed.)
Summons -John L . (Larry) Leydon vs . Robert Holmes,
Andy McCown, Mel B Virt, and the City o f Englewood . (Copies enclosed .)
Summons -Katherine Hudnall vs . City of Englewood.
(Copies enclosed .)
Order -Wol yo Sidaway d /b/a BIT Oriental
M ssage vs. Ci ty of Englewood, Colo rado Depart-
ment of License and Finance, Gary Higbee, Director
of Fi nan ce, City o f Englewood . (Copies enclosed .)
•
I • •
(
•
•
• •
·I
Pa 4
c mb r 8, 1 0 A nd
7. Ci A orn y (Co n inu d)
~(h) flndin a of Fac . nd Conclusion -Smith,
Cop r, Cr , c . va . Ci y of Engl wood -
4700 Sou h Bannock Str (Copi a ncloa d .)
8 . Cit
(a)
r .
Council Communication from he City Manager
c nc rning th Muni cip 1 Golf Course Drain
nd Equ lizin Pipes construe ion bid award .
(Copi a ncloaed .)
9 . Gen r 1 Dlscu sion. (No discussion under this
category due to sp cial me ing status.)
10 . Adjournm nt .
/1 I
I ) /.2 • • [ri~~ A · 4
AN MC COWN
Ci y Manager
I . •
_:ln
•
• •
,
r.'j('/) t iLl a) I D
I
IJ,
l ''7'
v )
M.:~v •
t ~~b. t.,. 1 J/un l ao j ff6T ~-b.t k
/) tl..• _,_ :t). J J~rut J, ,, .,-<=. q
:;, .,.
I •L n
}
« ,..,
I tV
I . •
•
• •
l..!!_.!.:-_:.r, ~ j 1 r.
I • •
•
•
• •
r
1 n .1 v .-----I •
•
• I • •
.--~~------~~~~----~ •
•
• -
--..
I 6. r /
I • •
•
•
• -
~JC\ /l r/ ./ I £L il L-(
/ i.. 10-l It:' I~ .
/ ? I<· Tru
z; .J '71 ) ,-::('A: f i tt ?t:(
.yv 1--( ~
~
I . .
•
(
( I
z > J I! e
-/> -<<
•
(,!</}
•
• •
c I I .J
It / / I
t JJ t. ~ I u )v // / 1 I
;{J ~ ( r; 1.';-" l ~ l (" ~
{ ( '~ ( a l'l ~ ~J I (, ty .
~ >1./ < /~ ~?; (. c
',lt1 /lJ ' 1-(. ':r ')!J
-t..t A of 1 J p r (,:
7 ( l
I . •
•
• •
., J "2.< I Kt3
j
0
I . •
• •
•
• -
c ~ 13 , I
))) • )') / d l.L I 1 2/t 1'-V'u /
3t' I y I •
q; I )\ /U I
f'L.< ·1 C lu ) 1< (• ~I
--
z u ~....--;t;
' tP d t l iJ
~ ctll' t < t ( v 'f d
I • •
n ///jf <~IA.t c Jr -/)( J ~ ~ >l C,<-'-.J
-lc ~~ l-~ t r /) r
-__, <. z( I ;{./ 'It' f
l!~1 ~ ~~Vu } ttl.
!/'( (
(ti( -
• •
.
'l.t )1
.,
_A. t >V lt c..-
}b rf < uj j TL · 1--1 ht L t
/B"c ~l l c .,ltd l , ~ t ,
t)l.Z...
... ' /
•
• •
, JAJ c l~ ~ ; /, .• 'l' -
/. (~{.f
)(. ..
•
Ckn~~ ~ 7 ~ ~ . ..__..,
.. S, d 'fJ-.< ~ 1 "1 }
' _(. ( l • / ~ (L'--'
t ' }/ I t.. -( {I C ) J I
t
'~
I . •
•
• •
I • •
• •
•
• •
j _,/t J A 1~
..l. )l ~
)k ~ IN ){.,t A J ,. l t :f
j<.j11 -L ,/ /.J
l J
•
• I . •
•
•
• •
I • •
• •
•
• •
'.
I . .
•
•
• •
-1---
+--------~
I • •
•
•
• •
71 ('t u
I I I ~I I ) ,1
') t ,
I I I~ ~ ) ) .. I
" t ~f ./
( 1 • ) H ...I I ·/)
tt d &tt a ·
? (, 'L )') 1
3-~-.J ~ ~-, :
'f l
1 C!~
?fa:£. f.; ,6 · l ~ ·t U tbf"ulv />I lll'k f 'J''<
e .~ ~~ 1 c J In /
I • •
•
• •
~~(~-~~-~ j ( I '\ ./)\ . ')/.
v
t n ,! z
L ) .Q_tl 1. ( I• ~ t J
,
ll ( . ( )
t0>pt(l
J "-
( /. • Lf , fl, I u ) 1 l t.l -< /f i
,!u t . '} " t, • t<f
c-;J.~);__~f -/)l ( (t [ c l' t (' •..J
. j ,t Sclo ) )I tJ d· <:
~ b /') 1
/
4i. "'·
lJ L'-;C. . ) l
u )l ~;r
1 u ~lA..' 1 < ( l ''-
I . l
I I
~
I I
-a '1 ' '« lr '-../
) l. J . ,J tft-.t I t { ; ) <
j L-~ .
0
(.. < V -<f<-d _,c-m<
G tf .fi ~ /U>1.11i cu.t -' •
~ 't ra-. tt. ('lL A. t ;.. /u •c.. ·c.-' ~ <-<()~
-&; .r ,~. -~. .. ,; C'U 1'1 ~; ... ('JL J
I . •
•
• •
f..t n
i.t a d )...( ,
11 o s-4 > ;:}~, Jl c ~1
· I t o /,o~~ (
./J L t-'~Z~ !< /t .~ ~d r C ,; 711 ~ f
\.. J l '.1 I-..-/1 < l.( tu '~ ·~
t
, ,A/ luc.£1 ..1 '){.(.~.-k.<f l c
~-J aL I ..-( ?L 7 .}
-/) l..l ( r <---' t v [< ~ « / (( //1 , .I
l t U. ~ (J .. 'j ~~ ;,r -"J) "£>_, 'j
.
<-n~t 'l -r .I K... /,J
.I ) .,., ~
I . .
• •
•
• •
I .
• •
•
• •
·-
j 6
•
I . .
• •
•
• •
•
• I • •
• •
•
• •
:-t 'J
-, 1l t d i u
} '~( f11
I • •
•
• -
-
-,.....:....-~
•
I . •
•
•
• •
At•r.:. n 111
-f----
-
•
I . •
•
•
• •
•
-I -
t 1
•
I . • •
•
•
• •
,~ 1 lo
•
I . •
•
•
• •
/
L J
-f j 1· 4. / I ' f>Otl{; • )
?i (I > (, {, /l,· ) t ( I . _.A J I ''-J ;! t'' '<
I .:f. tIlL' ... tl u ~
--I ti A> ( )/ (_
• t' ) ) ) f )IJ <','-./ 7 / / )I 6 lj' } " ( .~ 1
l · ... :t d t 7 -/t : I ) (j .. (. J J -:r ~ t:d ""?
< / t: "-' 1'1 1..
I
J
r f))\ tJ '')
(.. ' -c~ ·' >H 4...t' .)
,J·n • l 1 '/>1(!,., ' )
" I J ~>L C 2' llcU u , Y\.r " .£?
• •
I 1 <.~ }7 <:-<._.~
' l.J (, .~-1. t?iu. ~ /))_ )[ cpti >'----'
M
-~
. l I ) ..,(} .
(
(1
"'S % {..(_ r I " -c ( \ ,~ ~
----
•
• •
) ll
'-' A } ( / ) "J I ll {.
i )\ )
n rt" J
~ ) ( )
J
( ) l
t J ) I
~-< v t J {I I .1,.
r~~ ~.J~
(.
.
t:
{
' I ' ..(. "\ ,
(
--
I . •
•
• •
j?.a.<:i't/-d a ~'-
~..J • rt I ~o ( ({ t
•
• • I .
•
•
• -
I • •
• •
•
• •
1 ~
U c1 ;} ;1 ~ n ... h 'l -~ ll <1 c::.., z -'))
/~-27 1 -,) I
l /1 f.lv /u 'l 1 tft 'I /t I >t'J
-(I l ! ) l j 'J I -
t ~ c "L l }f ~~
'Tl c~ j ,-n n t l ·, ~
( l ( ( t( '( t<~
"' h ...t )) ,_
{ J /J { c I ~-.. < ..;<-<41 I 1 t a ~--t'l
) '-" l <..., _,/ ;" j { 'A./. ~
f., r <....-ll' tt " kt ~
j
(
I . .
• •
•
• •
I • •
•
•
• •
/
I . .
•
•
• •
t. ln
1£<. !? d ?a (.
I . .
•
•
• •
Al. lr.
I . •
•
•
• •
I l.. 'l L l
I . •
•
• •
H
1(
•
• I . •
•
•
• •
1. -I IT
-·cti -c .-~ i J' ( 1
6 ( t/1.,
~ 11 rr (l lu ~
•
• I . •
• •
•
• •
1 .() 1d< )l,JJ !: c/: (l~)l
C)'t £( ) ( ( l 1 l J') ~ :; 1
,z.((ct' ·t ~/0
I . .
•
•
• •
..--~--
(_ (t .
(
l ) .t-'(j
~.v (.i l .( t.(.1 (? p
dt ' l i I_ ( , , .. I ' ) I
(!/ l t.l.< l (. <~,)
LL L ~ C j"< u·-n.lcd~ .--
/ /c_ ~ 1-'-// c{ .J p nt.:• :c( ¥{~ tCCJ ('I 1 KL (;..., cit!_
;k: &-1 t ,,< o.tof rr ) ·f. h. 1 '{ (]. <! ru ·:£. ~~t.e.~
;r '
?..p£0.. {(.l ;fM
~~j) A--c./t "-£!,..,~ ... __.
. :~t fL Lt ~~. ~ ~{( I . •
•
• -
I • •
•
• •
•
• I . •
•
•
• •
1 II
I . •
•
• -
, 10 ---
•
• I . •
•
0
•
•
•
• •
OTICE OF CALL BY THE .~Y OR
FOR A SPECIAL SESSlO: OF TilE ClTY COU.'CIL
MO DAY, DECE BER , 1 0
Th City Council of th
Color do. is c 11 d o
7 0 p
3400 South Elati Str , for
r ul r bu in s d f rr d b
the r ~ul r City Council m
end d ailing th
ACKNOWLEDGE~NT OF RECEIPT OF NOTICE
Coun v .
y H tl ,
f
An
d
The followln p r
En lcwood, d h r
abov spec~ se
ons. all C uncil M mb rs o he Ci y of
by kn wl dg rc c ip of no ic of h
ion )
•
I • •
0
•
•
•
• •
TlCE OF CALL BY THE MAYOR
FOR A SPECIAL SESSION OF TH£ lTY COUNCIL
MONDAY , DECEMBER 8, 1 80
7 :30 P .N.
The City Council o[ the City of Engl od, Ar p ho Coun y.
Colorado, ia called to a special me in at h Ci y II 11,
3400 South Elati Street, for the purpose of conductin
regular business d ferred bee us of th c nc 11 ion of
the regular City Council meeting of Dec mber l. 1 80 . An
agenda detallin the nature of this b u ines 1 ch d.
/) LL/1)~ v;'D~ COWN
City Manager
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
persons. all Council Member of th City of
her by acknowl dg re c ip of noti c o h
session.
•
I • •
(
•
•
• -
CO' 1C! I. 'H AM FR
Gl Y Of f: GU D. COI.O A
~ov •m • r 1 , l 0
REG l.AR MEE TI NG :
Th Cl y Coun il o
Coun y, Colo r do, m t in r •ul r
t 7 30 p.m .
/~
Ar paho
r 17, 1980.
M yor 0 is . pr l d tng, all d th me to o rd r •
May or 0 i
roll, th foll w1n
Co un c i I M mb
K n . Bil o,
r
Br
Abs n Non
. Vic Trook, Firat
Th plGd o a1-
o r r o I I c l I • U on c 11 o the
en :
Hi gd ay, N a!. Fl zp t rick,
d h W, 0 i .
Th May o r d •cla r •d 8 qu o rum p nt.
* * • * * *
Al o pr• nt w ~r e : Ci y Mana
Assi tant
Ac ing
o h • r
noted on
D pu y C1
D pu y Ci
.. * * *
* * * * * *
Bt 1o n o t d correction to th minut a
N v mb r 3, 19 80, on page 20 . Mr. Bi1o
r om th top, "m mber" was mistyped .
COU NCIL MEMBER BRAO:HAW MOV D TO APPROVE THE MINUTES
OF THE REGUl.AR MEETiNG OF NO VE MBER 3, 1980, A AMENDED WITH THE
CORRE CTION NOTED BY CO UNCiL MEMBER BlLO . Council Member
Fitzpatric s co nd d h ion . Upon u c 11 of the r oll, the
vote r sul d as fo l low :
I • •
,
•
nd
slon .
r 17. I 0
Ex-Mayo
at Counci I'
ha tha
Jam
hav
uppor
•
• •
T ylor, 370 Sou h Sh rman, apok on
h lp d h symphony inancially and
b• con inu d .
Vic Pr aident
in support. He
symphony ove r the
ant part of a com-
pr a nta ion by request-
Hr. Dhority noted
ar but more
Dhori y qucrl d
budg t under
Hay or 0 is h nk d
d Council would con
th tr preaentation
i.n a study aes-
ud i ·nc
17 p opl
Mr. Dhority a ked for how o pport from the
y kin ho in uppo t to tand . Approximately
ood up .
ln
Th rc> Wt'r no urth r co11111 n
Mayor 0 I
o ddr ss Coun
* * * * * *
l th r w r
hi t lm
mad on this subjec t.
ny othe r v sitora wish-
M lcolm T ylo r. 4830 Sou h Washing on, appeared before
Counc 1. Mr. T ylor su• st d h t Cou ncil enca e th handmade
uil in 1 s .
* • * * * *
I • •
..
•
•
r 17, 1 0
Ay C.ounc 1 1 t m 1
Silo, Br
HI d y,
haw , 0 i
N y on •.
Th Ha o r d cl r d h ion car I d .
* * * * * *
Hr. Da11 Dhor ty, 3 ~0 ~ou h A om ,
Council . Hr . Dh o r i y in roduc d he o1low in p
s n d th Communi y Ar t Symphony in
tn cont rt bu ion o h symphony hove
H . H 1 n farr nd, 0 1 Sou
th Bordo Dir•c or . H . f rr nd
h ymphony.
requ
Dr . Eu
in tin
. 3~10 Sou h H rion,
for th ymphony .
Di c k Fro pok
1. F1 7p ri c .
I:
o t
mu tal nt
ctan c '
he y put
h
Warn r S hn kenbcr~, 3 7~ Sou h rh~r ok e f lO . st ~ d
wou ld 1 ik o h 1 y s x dolla r s suppo r h symphony .
ff c
h o-.; i
R y Sa ter, 3001 Sou h G n . spo ' on th d r amatic
th symphony h s had on his ppr •ct ion o music nd
ca n b ne i h • ommuni y and is ci iz ns.
Ca r lo D Mo r i s , board m mb r o h symp h o n y , up-
ported comm n s from prev iou s sp ak rs and poke o n ho w th sym -
phon y has b n ood for his busin s . Hr . D Hori s submitt d
lette r s o f support from Hr . T rry L . Sc hmidt, Pr eside n t of Ros
Ma n ufactu r ing Co mpany, and W lcom W. B nder, Presid nt of Cus-
om Engin e r ing, Inc . I • •
•
•
•
• -
ovt.m r 17, 1 0
p •
and
sion .
udi
17 p
lng
Ex-Mayor J m s T ylo r, 370 Sou h Sh r n , spok o n
s Council's h v hlp d h symphony nancially and
ha h supp r br con l nu d .
Mayor 0
d Coun cil
Mr. Dh o rit.y
y In h o
s t ood up .
a
Th I w t.' no
Ma yor 0 is
addr ss oun il
ccJ
in
fur
*
d
o r a how 0
suppo r l O
h r C OITill nt .
• * * *
1 thcr w r
hi t m
v• V Pr id nt
in suppo rt. He
ymphony ov r h
pa r o a com-
on by r qu s -
noted
ar bu t more
y qu r1. d
und r
for h lr p r s ntation
rcqu s in 8 8 udy 8 s-
upport r om the
tand . Approximately
mad o n thi subj ct .
*
any 0 h r vl to r s wish -
Mal co lm Taylor. 4830 Sou h W shing on, appear d before
Councl l . Mr. T ylo t su est d hat Cou nci l n cas he handmade
qui 1 in gla
* * * * *
st o Co uncil M mb r K n , St ve B 11 f r om
o r d , Inc . . pp ar d b o r Coun il and dia -
l rs s [ r h in prop os d si ngl -amily re-
Mr. Be ll s 8 thi was th best method
o mortgage r v nu bonds
no h bonds will be
nt do a . Mr . Bell stat -
t the last study session
ms : l) the interest limita -
(h) wher in t he mortgage I • •
•
Nov mb r 17, 19 0
Pag 4
•
• •
intereat rat shalt no xc d 121, and 2) h bond mount of
$25,000,000 a t forth und r S c ion 1 (q) wh r in his a un
provid a fl xibility ny un whi h Couincil mi h
decide to iasu . Hr. 8 11 s d bond coun 1 ha ur d h m
that although Council was consid ring an ordin nee wi h c r-
taln parament ers in mind, chang s could b made a a la r tim in the bond ordinanc i s lf .
City Hanag r H ·Co wn no
to conaider a bond ordinanc un ll
even if federal legisla i on appr ov
would not be a regular Coun il m
time a bill could be in roduced.
Council Hem b r Nea l spok co ne rning i
Section 1, and suggest d am nding th
amount at wh ich p raon would qu li y
loan. Thia suggestion was discuss d at
abl
y r
caus th r
t whi c h
Hr. 8 11 st t d Council could mak c hang s t o the
ordinance ; how v r, r consider tlon o am ndments may hav
to be done at the time wh n th bond ordinanc is consider-
ed and wh at the marketabi lity of the bonds wer .
* * * * * *
Ther w re no ot her visi o r t this tim .
* * * * *
COU NCIL MEMBER FlTZPATRICK MOVED TO OPEN THE PUBLI C
HEARING FOR CO N !DERATION OF AN ORDINANCE ON FINAL READING
AMENDING CHAPTER 12 OF THE 1969 ENGLEWOOD MUNI CI PAL CO DE RE-
LATING TO SPECIAL IMPROVEME NT DISTRICTS. Coun 11 H mb r K
seconded the mo ion. Upon c 11 o h roll, d as follows :
Ay Council H m rs Hi d y, N Fi zp ri c ,
Ken , Bilo, Br dsh w, 0 s .
Nays : Non .
The Mayor d clared h mo ion carri d.
Acting City Attorney D Wi pr nt d th ordinance .
Hr. DeWitt stat d this particular amendment limited the time
to 30 days in whi ch a party can contest in court the issuance
of bonds and the method of construction of improvements .
•
I • •
•
Nov m . r 17 , 1 0
Pag 5
•
• •
Mayor 0 ia ak d if in th audi nc
vor or against. wishing to ap ak on h
Ther w r no comm nts om th ud nc
COUN lL MEMBER BlLO I'I)VED TO CLOS THE PUBLIC HEAJUNG.
Coun 11M mb r K s cond d th motion . Upon a call o h
roll, th vo r d as follows :
Ay
N y
Cou ncil M m r s Hig ay, N l, Fl %pat rick,
K na, 81lo, Bradahaw, 0 is .
Non
Th Mayor d motion c rrl d .
ORDINANCE NO. 45
SERIES OF 1980
* * * * *
BY A TliORlTY
COU NCIL BILL NO. 60
INT ROD UCE D BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING CHAPTER 12 OF THE '69 ENGLE WOOD MUNI CI PAL
CODE RE LATIN G TO SPECI AL I MPR OVEME NT DISTRICTS.
COU NCIL MEMBtR FlTZP ATRIC K MOV ED TO PASS COU NCIL BILL
NO. 60, SER I ES OF 1980, ON FlNAL READING. Counci l H mber Bradshaw
a condcd he mo ion . p on 8 c ll of the roll, the vot resulted
8S follows :
Ay
N ya:
Council M mb r Higday , Na t, F tzpat rlck,
K na, Bllo, Bradshaw, Oti •
Non
Th May o r d cl r d h motion carri d .
* * * * * *
Ma yor Otis op n d ting for pu lie discu sion on
proposals tha would lncr tax to b p id on eac h de livery
v hicl , i n cr as h lie ns fE' for direct s lllng agents, lm-
pos a $100 cl nup dep o l o n Christmas tree de al e rs and increase
the f es or riv t po lic nd d tective a rvi cea; i ncrease the
busin ss and occup tio n for all clas a s of licenses selling
•
I • •
•
•
• •
Nov •b r 1 7 , 19 0
Pag 6
3.2 p rcent be r, malt, vinoue, nd spirt uou liquor at r
and lncr ae th f • for Clase l, 2, and 3 con r c ora' lie s .
Malcolm Taylor,
Council. Hr . Taylor at
eupport of incr aetng the
* * * * *
Mayor Otie d cl r d
reconv n d at 9 :05 p.m..
a call of the roll, th
8 SO p.m. Council
f o r r oll c 11. Upon
pr s nt :
we r e:
Council M mb rs Higday, N al, Fitzpa rick, K • na, Bilo . Bradshaw, 0 is.
Abeent : None .
The Mayor dec1 r d a quorum pr s nt .
* * * * * *
''Coiiii!Unicatlons -No Action R comm nd d" on the ag nda
(a )
(b )
(c)
(d)
( )
(f)
Minutes of the Housing Authority me tin of Sept mber 24, 1980 .
Minut s of th Library Board mee in of Octob r 14, 1980 .
Minut s of th Plannin and Zo n ing Co mmi ion
m tin o Octob r 21, 1980 .
Minut •s o th Liquor Lie nse Au hori y
m ing of Octob r 28, 1980 .
t ndum from th Director of Park nd R -
ton to he City Manager cone rnin ht
ndanc a th 1980 Congress for R cr on
and Parke, in Phoenix, Arizona , from Oct o r 19 to 23, 1980 .
Municipal Court Activity Report for the mon h o October, 1980 • I • •
•
•
•
Nov lib r 17 , 1980
Pag 7
•
• •
COUNCIL MEMBER flTZPATIU 110VED TO ACCEPT "CO~ICA
TIONS -NO ACTION REC0ti1ENDED" AGENDA ITEMS 5 (A) -5( F). Counc 11
Member leena second d th motion. Upon a call o the roll, the
vot r ault d •• follo~s:
Ayes :
Nays :
Council M ~era Higday, Neal, Fit~patrick,
lena, Bilo, Bradaha~. Otis.
Non •
Th Mayor d clared th ~tion ca rried.
* * * * •
Th r w r no "Connunica ions -Acti on R co ~m~ended" on h ag nda.
ORDINANCE NO. 46
SERIES Of 1980
* * * • * *
BY AUTHORITY
COUNCIL BILL NO. 48
INTRODUCED BY COUNCIL
MEMBER HICDAY
AN ORDINANCE AMENDING CHAPTER 4, TITLE lX, '69 ENGLEWOOD MUNICIPAL
CODE, BY INCREASING THE TAX TO BE PAID ON EACH DELIVERY VEHICLE.
COUNCIL HEHBER HICDAY HOVED TO PASS COUNCIL BILL NO. 48,
SERIES OF 1980, ON FINAL READING. Co uncil Member leena seconded
the ~tion. Upon a call of the roll, the vote resulted •• follows:
Ay s :
N ys :
Council M mb rs Hi gday, Neal, Fitzpatrick,
K n . Bilo, Bradshaw, Otis.
Non •
The H yor d cl red h motion carried .
ORDINAN CE NO. 47
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 49
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING CHAPTER 6. TITLE IX, Of THE '69 ENGLEWOOD
MUNICIPAL CO DE. BY INC REASING THE LICENSE FEE FOR DIRECT SELLING AGENTS.
•
I • •
Nov m r 17, 1 0
Pag 8
•
• •
COUNCIL MEHlER BILO MOVED TO PAS S COUN CIL BILL
SERIES Of 1980, ON FIN AL RE AD ING. Council H mb r Neal a cond d
the motion. Upon a all o f th r o ll, h vo ' r aul d as f ol-lowa :
Ay ea : Councll H mb rs Higd y, N L. Fit:.z.p ri c ,
Keen , Bilo, Brad haw, Oti •
Na ye : Non
The Mayor d cl r d the motion c rri d .
ORDINANCE NO. 48
SERIES OF 1980
* * * * * *
BY AUTHOR ITY
COU NCIL BILL NO. 50
I NTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING CHAPTER 6, TITLE IX, OF THE '69 ENGLEWOOD
MUNICIPAL CODE, BY IMPOSING A ON E-HUNDRED -DOL LAR CL EANUP DEPO SIT
ON CHRISTMAS TREE DEALERS ; AND INCREASING THE FEE FOR PRI VATE POLICE AND DETECTIVE SERVICES.
COUNCIL MEMBER BRADSHAW HOVED TO PAS S COUNCIL BILL
NO. 50, SERIES OF 1980, ON FINAL READING. Cou n cil Hemb r
Fitzpatrick aecond d the motion. Upon a call of th roll, th vo ~e reaulted aa followa :
Ayee :
Nay a :
Council Hemb rs Hi gday, Neal . Fitzpatrick,
Ke na, Bil o , Bradshaw, Otis .
No n e .
Th Mayor d cla r d th motion carri d.
ORDINAN CE NO. 49
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 54
I NTRO DUCE D BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING CHAPT ER 3 , TITLE X, Of THE '69 ENGLEWOOD
MUNICIPAL CODE BY I NCR EASI NG THE LICENSE fEE FOR ARBORISTS. I . •
•
Nov mb r 17, 1 80
Pa 9
•
• •
COU NCIL HEHIEM. FlTZPATUCK MOVED TO PASS COUNCIL BILL
NO. 54, S!M.IF.S OF 1980, ON FINAL M.EADlN Council Me~er Bilo
a conded th .ation. Upon call of th roll, the vote reaul ed
a follova:
Ay a :
Nays ·
Council M .t>era Hi&day. Neal, Fltzpa rick,
~e na, Bilo, Bradahav, Otia.
Non .
Th Mayor d clar d the ~tion ca rri d.
ORDINANCE NO. SO
SERIES OF 1980
* * * * * •
BY AUTHORITY
COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
KEMBER NEAL
AN ORDINANCE AMENDING CHAPTER 1, TITLE XIII, OF THE '69 ENGLEWOOD
MUNICIPAL CODE, BY INCREASING THE BUSINESS AND OCCUPATION F!E FOR
ALL CLASSES OF LICENSEES SELLING 3.2 PERCENT BEER, HALT, VINOUS,
OR SPIRITUOUS LIQUORS AT RETAIL.
Acting City Attorney DeWitt noted a correction had been
made under Clau "H". The correct fee vaa $650.00 rather than the
$600.00 re flected in th bill at first reading.
COUNCIL HEHBER NEAL K>VED TO PASS COUNCIL BILL NO. SS,
SERIES OF 1980, AS AMENDED, ON FINAL READING. Council Member
Bilo seconded the motion. Upon a call of the roll, the vote
resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Ke n , Bilo, Bradshaw, Otis.
Non .
Th May or d clared the motion carried.
ORDINANCE NO. 51
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 56
INTRODUCED BY COUNCIL
HEHBER KEENA
•
I . •
Nov mb r 17 , 19 0
Pag 10
•
• •
AN ORDINANCE AMENDING CHAPTER 3. ENTITL D "SUI !.DING TRADES
LICENSES", OF ARTI CLE 11, TITLE IX, Of TH ' ENGLEWOOD
MUNICIPAL CODE, BY INCREASING THE FEES R CLASS 1, 2, AND 3, CONTRACTORS' LICENSES.
COUNCIL MEMBER KEENA MOVED TO PASS CO UNCIL BILL
NO. 56, SERIES OF 1980, ON FINAL READI Counci l Memb r
Fitzpatrick a cond d th motion. Upon c ll o th roll, the vote result d aa follows :
Ay s :
Nay s:
Council M mb rs Higday, N 1, Fi zp ri ck ,
Keen . Bilo, Br d h w, 0 is .
Non .
The Mayor d clar d th tion c rr d .
ORDINANCE NO. 52
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 57
INTRODUCED BY COUNCIL
MEHBY.R NEAL
AN ORDINANCE APPROVING AN AGREEMENT fOR LIBRARY SERVICES BETWE EN
THE CITY OF ENGLEWOOD. COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1981.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 57,
SERIES OF 1980, ON FINAL READING. Council Member Bilo seconded
the motion. Upon a call of th roll, th vot r sulted as fol-lows:
Ay s :
Nays :
Council Memb rs Hi gd y, N al, fitzpatrick,
Keen , Bilo, Bradshaw, Otis .
Non .
The Mayor d clared the motion carried .
ORDINANCE NO. 53
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
I . •
0
•
£ .
•
Nov mb r 17 , 198 0
Pa& 11
•
• •
AN ORDINANCE ADOPTING THE BUDGET OF TH E CITY OF ENCLE\IOOD,
COLORADO, fOR THE FI SCAL YEAR 1981.
COURCIL MEMBER BRADSHAW MOVED TO PASS COUIICIL lll.L
NO. 61, SERIES OF 1980, ON FINAL READING. Coun c il Me.Oer Neal
1 cond d th .a ion. Upon a c all o f th r o ll, th vote reeult d
•• f o llowe :
Ay 1 :
Naye :
Coun 11 Meab re Higday, Neal, Fit&patrick,
Ke na, Bil o , Br dahav, Otie.
Non •
Th May o r d c 1ar d h moti on c arri d.
ORDINANCE NO. 54
SERIES Of 1980
* * * * * *
BY AUTHORITY
COUNC[L BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROPRIATING MONIES fOR ALL MUNICIPAL PURPOSES
IN THE CITY OF ENGl.EWOOD, COLORADO, IN THE FISCAL YEAR BEGIN-
NING JANUARY 1, 1981, AND ENDING DECEMBER 31, 1981, CONSTI-
TUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE
FISCAL YEAR 1981.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL
NO. 59, SERIES OF 1980, ON FINAL READING. Council Meaber
Bilo seconded the motion. Upon a call of the roll, the
vote result d as follows :
Ayes :
Nays :
Council Memb re Hi&day, Neal, Fitzpatrick,
Ke na, Bilo, Bradahaw, Otie.
Non •
The Mayor d c lar d the motion carried.
ORDINANCE NO. SERIES OF 1980 __ _
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 62
INTRODUCED BY COUNCIL
MEMBER KEENA
•
•
I . •
•
Nov m r 17, 1 0
Pag 12
•
• •
A BILL 0
AN ORDINANCE ZONING CE RTAIN RlA I. PROPERTY ANNt.XED TO TiiE CITY
OF ENGLEWOOD, COLD RADO , I-1, LIGHT I ND UST RIA L DISTRICT, AND
AMENDING ZONING HAP I N ACCO RDAN CE THE REWITH.
COUN CIL MEMB ER KEE NA MOV ED TO PA COU NCIL BI LL
NO. 62, ON FIR ST READIN , AND 0 SE A PUBLi C HEAR ING CO N-
CERNING THE ZONING DE SIG NAT IO N ~~R DECEMBER 8, 1 80, AT
7 :30 P.H. Co un cil Hemb r 8 deh w s cond•d h mo ion .
Upon a call of the r oll, he vot r ul ed ollow :
Ay 1 : Coun 11 M mb •r s Hi gd y, N l, Fi zp ri c ,
K na , Bil o, Br d ha w. 0 i .
Na ys : Non
The May o r d h motion c rri d .
* * * * *
BY AUTHO Rl TY
ORDINANCE NO.
SERIES OF 1980 COU NCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
A BiL L F'O R
AN ORDINANCE AMENDING CHAPTER J, TITLE XII, Of ENGLEWOOD
MUNICIPAL CODE OF 1969, PROVIDING fOR PEDE ST RI AN AND BI -
CYCLE TRAILS IN SU BDIV I S ION REGULATIO N ORDINANCE .
COU NCIL MEMB ER BRAD HAW MOVED TO PASS COU NCIL BILL
NO . 63, SERIES Of 1980, ON FIRST READIN G. Cou n cil M mb r Fitzpatric k second d he m t io n.
Co un cil Memb
b ill until Council had
c at ions and co n sequen c s tur
COU NCIL MEMBER NEAL MOV ED TO TABLE COU NCIL BILL
NO. 63, SERIE S Of 1980 . Cou n il M mb r Bi lo s co nded the mot ion.
Coun cil instruct d th
this matter for a study se ssion Ci ty Mana ger o schedule
efo r h f rst regular
•
I • •
,(,
•
Nov mb r 17, 1980
Pa 13
•
• •
m ting in January, 1981, al which lim th bill would b
plac d on th Council m ling ag nda.
followa:
Upon a call of lh roll, th vo r eult d as
Ay 1 :
Nays :
Council H mbers Hlgday, Nat, Fitzpatrick,
K na, Btlo, Bradeh a w , Otie.
Non
Th Mayor d cl r d th mo ion carri d.
* * * * * *
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 64
INTRODUCED BY COUNCIL SERIES OF 1980 __ _
MEMBER ---------
A BILL FOR
AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CIT Y Of ENGLEWOOD, ORDINANCE NO. 26,
SERIES OF 1963, AS AMENDED, BY PROVIDING FOR BICYCLE AND PEDES-
TRIAN FACILITIES.
COUNCIL MEMBER NEAL MOVED TO TABLE COU NCIL BILL NO. 64,
SERIES Of 1980, AND TO BRlNG IT BACK ON THE AGENDA AT THE FIRST
REGULAR MEETING Of JANUARY, 1981. Council Member Higday eeconded
the motion.
this matt
January.
lows:
Council
r (or a
Upon a c
Ayes :
Nay s :
in tru t d the City to also schedule Manager
s udy sc ion pr lo to th flra meeting in
11 0 ' h r o ll, th vot result d aa ol -
Coun c il H mb rs Higday, Neal , fitzpatrick,
K cna , Bilo, Bradshaw, Otis.
Non .
The Mayor declared the motion ca rried.
* * * * * *
J
I • •
•
Nov mb r 17 , 1 0
Pa 14
•
• •
BY AUTliORITY
ORDINAN CF NO.
SERIES OF 1980 CO NCIL BILL N . 5
I NTR OD CEO BY COU NCIL
M ER HlGDAY
A BILL FOR
AN ORDINANCE SETTING FORTH THE PARAM FTERS OF H UPCO MI G
SINGLE FAMILY MORTGAGE R~'Vt E OND PROGRAM OF THE CITY OF ENGLEWOOD, COLORADo.
COU NCI L MEMBER HIGDAY MOVED TO PASS COUN CIL BILL
NO. 65, SERIES OF 1 80 , ON FIR ST READING. Counci l M mb r Keena second d h mot ion .
COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION
BY DELETING THE LAST THREE LI NES I N SECTIO N 1 . PAR AMETERS
(p) AND INSERTING "THAT THE LOAN VALUE SHA LL NOT EXCEED
$80,000 ; AND", AND TO SET A PUBLI C HEARING ON THIS MATT ER
ON DECEMBER 8, 1980, AT 7 .30 P.M. Coun il M•mb r Bilo
aeconded the motion. Upon a c ll o h rol l, th vot
on the amendment r aulted as f ollows ·
Ayes : Coun il M m rs Higday, N al, Fitzpatrick, K n a, Bil o, Br dshaw, 0 i .
Nays : Non '•
The Mayor d clarcd th moti on car r i d .
Upon a c 11 o f h roll, h VOt o n h o riginal motion resu lt d ollow
Ay Cou n il M mb r Fitzpa rick, K na . Bilo, Br
Nay Non •.
The May o r d clar d th tion c rri d .
* * * * * *
Acting City At or n y D Wit t discu d the lawsuit
filed in th Dis rict Court by V rn Mann against the City of
Englewood . Mr . D Wi tt ask d p rmiss io n to d end th City in this particular liti gation . I • •
(
•
•
• •
17. 19 0
CO NClL MEMBER KEENA VED TO ALLOW ACTING CITY AT-
TORNEY RICK DEWITT TO DEfEND nn: CITY OF EHGL~D IN 'llfE LAW-
SUIT BROUGHT AGAIN ST lT BY VERN MANN. Counc il H mb r Fitzpatrick
a cond •d th ion. Upon c ll o th roll , th vot r ault~d aa followa :
Aye s :
Nays ·
Th M yor
Co uncil M mb rs Hi day, N al, Fi zpatrick,
K • na, Bilo , Bradshaw, Otia .
Non '·
lar d h mo ion car ri d .
* * * * * *
Actin Ci ty A torn y Wi discussed lawsuits of
Matthews 11 rsus th Ci y of En t wo od . Mr. D Witt atated the
suits wer dl h rights of h City to maintain
an all y. H 8 hews r qu a d a buildi ng p rmit
that would c ut o ff half o h~ all y. Th City aak d for an
injunction on th p rmit as well ae a qui t title of the alley
and litigation ensued thr oug h an appeal after th Board of
Ad justments and App al had had hearin a. Th Hatthewa aold
their property and the n w owners h v giv n the City an eaae -
ment to the all y and do n o d sire o g t involved in further
litigation . Mr. D Wi t re qu s d p rmisaion to ex cute a mo-
tion and stipul ti o n vac t findings, ud ment, and order, and dismiss the uit .
COUNCIL MEMBER KEt::NA MOVED TO ALLOW THE CITY ATTORNEY
TO SlCN THE HDT10N OF STlPULATIO N. Council Member Fitzpatrick
s co nd d th motion. Upon a call of th roll, th vote reaulted as follows :
Ay
Nay
Co un cil M mb rs Higday, N al, Fitzpatrick ,
Ke na, Bilo, Bradshaw , 0 i •
No ne .
Th Mayor d larcd th motion carri d .
* * * * * *
Ac ing Ci y At torn y D Wit discussed the water towe r
litigation. Mr . DeWitt stated he was pursui n g a motion to set
aside the injunction so that th City could go ahead and uae the
tower based o n h r sul th City r c ived for condemnation pro-ceedings for addi lonal g round.
* * * * * *
I • •
0
•
•
•
• •
h Dar Bo rd
r disquali yin g
lly o r assi gn
In r pons to Mayor Oti 'a qu tion, Mr. DeW t st d
th Ci y Hanag rand his s aff w till r vi wing h propos d
fee changes or heal t h therapy fa c lliti and al rm devic s .
Hr . McCown sta d information would b the n ext Co uncil mee ing .
* * * * * *
available at
COU N IL HF2MBER FITZPATRICK MOVED TO SET A S PE CI AL
MEETING fOR DE CE MBER 8, 1980, lN REPLA EHENT OF DECEMBER 1,
1980, AND TO SET A SPE CI AL MEETING FOR DECEMBER 22, 1980,
I N PLACE OF DECEMBER 15, 1980 . Council H mb r K ena s c -
ond d the motion. Upon c ll o th roll. th vot r -sult d a oil w
Ay s ; Councll Mem r s Hi da N al, Fitzpa rick , K na. Silo, Br d h w, 0 is .
Na ys . Non
The M yor d •c 1 red th !on c rri d .
* * * * * *
Council Hemb r Neal comm nded Ms . Dorothy Romans for
her work in th Hol iday Par d Cou ncil joined in with Hr . Neal in expressing h ir appreciation .
* * * * * *
I • •
r
I
•
Nov mb r 17, 1 0
p 17
Council M
of aalari • for th
Judg nd Aaa octa
•
• •
conald ration
o rn y, Mun icipal Court
o r 0 cab r 22, 1980 .
May or Otis r mind d Cou n 11 m m r a o aeaaion follovin this m ting . h x c utiv
9 :40p.m.
* * * * *
Th r wa s no furth r busin s o b dlscuaaed .
* * ... * * *
COU NCIL MEMBER HIGDAY MOVED TO ADJ OURN .
Mayor Otis adjourn d h m ing wi hou a vote at
::r 11 ) < t.L..-~City C1 r
•
I • •
(
•
SP CIAL
•
• •
co I c I I i,;HM!IH.
l lY OF NGI.f 0, COI.O AOO
ov m•) r :' , 1 80 /b
Th Ci y Co un tl o h Ci y of Eng v ood, Arapahoe
Co u y, Colo rad o, m• in sp ci al a 1aion on Nov mbe r 24, 1980, at 7 00 p.m .
M yor 0 1a, p r idin , c all d the me ing to orde r.
Th
Fitzpatrick . invocation
Th pl dg n by Co uncil Me•ber Th o .. a
1anc va 1 d by Mayor Otia,
roll, th d or r o 11 c a ll . Upo n a call of the nt: pr
Coun cil M mb rs Higd ay, N al, Fitzpatrick, Keena, Bi lo, Bradsha w, Otis .
Ab sen Non .
The May o d clar d a quorum pr s nt.
Al o pr
* * * * *
nt w r Ci y Man ager Mc Co wn
Aaa i ant City Manager Wanuah
Ac ing City At to rn ey DeWitt
Director of Community Develop•ent Pov ra
Assist ant Directo r of Co mmunity
D vel pment Romana
Deputy City Cl e r k Wa tkina
* * • * * *
COU NCIL MEMBER KEE NA MOVED TO OPEN THE CO NTINUATION OF
A PUBLI C HEAR I NG OF OCTOBE R 14, 1980 , CO NSIDERING TH E ORDINANCE
ON FI NA L RE ADIN G RF ZO NIN G CE RTAIN RE AL PRO PERTY WITHIN THE CITY
OF ENGLE D, COLO RADO, fRO M R-1-C , SI NGLE-FAM IL Y RE SIDE NCE, TO
R--C. MEDIUM-DEN SITY 'SIDENCE, AN D AMENDING THE OFFI CIAL ZONING
MAP. Co un ci l M m r Fitzpatri k cond d th motion. Upon a
c a 11 o th ro 11. th r • u 1 t d as o llov a :
Ay s : Coun c i1 M mb r Higd y, N al, Fitzpatrick, K na, Bllo, Bra dsh v , Otis .
Nay s : on .
Th Ha y or t.'C la r d th motion c arried .
•
I • •
•
Mayor 0
th public h rtn
ce r ain r 1 prop r
to b diacuas d was
rebuilding, and ln
not b conaider d .
h i
•
• •
Hr . McCo wn h n lntrodu ed Ms. Susan Po w rs wh o r cen ly
wa s appoin d Direc o r of Communi y 0 v lopm~n o r h Ci y o Englewood .
Council H m r K
rat of r urn o r profi
family unit and 44 for
Ms. Romans if his wa
Ms. Dorothy
rector of Communi y o ~v lopm
Ro man st ted hat wa s h d
her research.
r por m ntlon d h
17 . o n singl
M . K ena k d
ion .
Ms .
0
tim . Ther w r n o o he q •s i o ns r om Co lln c t 1 h i s
wis hed Mayor 0 i a
o sp ak on hlS ed i ny on
ub j ec
in h a di nc 1o1h 0
•
I • •
n
(
•
(
•
".!' 0
M
condi. ions in
and R-zonJng
R-2-C r~zonin
•
•
•
ted
H
from
4600
POST
ion r portin
c ot'IIDissi on was
lng densi ty
lzes and street
I • •
•
•
•
Nov mb r
Pag 4
. 1 80
stated at no 1m w a h r e o r u rn h
c rit ria.
Counc 11 HPm b r
requ at d r zoning appl c
hardship to l e v a p r t
Nea l a at ed h w rally
a hardship it rea lly was. Hr. N
waa of what ua can this 1 nd b
philosophi cal shift from n emph
to multi-fami ly r sid n tal s .
Council H mb r Bilo s t
th rezon i ng not wh at was proposed
co rding to th ordinanc>,
of r zoning t o 1 h
o n y
._.a
Ac -
Hike Cooper, 3597 So u th Bann ock, pplican in thi
matter, appear d be fo r Council. Hr. Coop er ubmi t ed a list
of real estate sales in the ne ighborhood d ur ing 1979 and 1980 .
Hr. Cooper stated he w s a lie ns d r al es at ent and made
t h e comparable studies rom mu ltiple lis in se r vi e or D nv r
ar a realtors. Hr. Cooper sta d h lis show d h av r a e
price of a hous in t h e ar a sol d fo r $5 5,000 . Mr . Coope r
stated when he testifi d o th $20,000 d li ion fi u re h
was including h e cost ._.1 h the land in o rd r o hav a si
ready to buil d o n. Mr. Coop •r t hen xplain d he finan c~n
involved in mortgagin g a ingl -family hous in the area.
Co un cil Mem ber Bradsh w ask d Mr. Cooper i f h
to deal wi th a n e xist ing s ructur on W Baker wh rc h
built mul ti-f ami ly uni ts . Mr. C op ed ther was
ing structure but t h ar a w s big t o subdtvid
k ee p the existing stru ctur
ha d
had
exis -
and
Council M mb r Bilo rcit ra c d his hou h s on he
iss ue as b ing rezoning and not what i s propos d o b built
i n t he ar a . Mr . Bilo stat d Mr. Coop r could acco mplis h th
same e nd resu l by going b fore th Bo r d of Ad j ustme nt and Appe~ls . Not to rezon but o build th propos d dwelling.
Mr. Coo p r s a ed it was his unders anding h t ha already b e n a t mp d .
•
I • •
•
pproa h
zonin
Mr.
o Adju m n
ound out
ht' block
•
•
h d con id r d g
u in ch c klng wi h
n i,h borhood h m lv
proper y.
Ma yor 0 is ked i her
speak on thi m r 1 c nccrn
building n d in n tng .
b
O "lol n
tha
the
had
s a
Mr .
th
of
accep r .
profi n d
Coun
purpose of m
m ing was to clarify
aring con e rning coats
prop r y and coul d not
chanc of making a
not sp cific to the
Th r w r • no ur h r comm n s mad •
•
I • •
•
•
•
•
Nov••b r 24, 1980 ,.,. 6
COUNCIL H!KBER BILO MOVED TO CLOS E THE PUBLI C HEARING.
Council Me~er Fitzpatrick 1 cond d th mo ion . Upon a c all o f
the roll, the vot reault d aa follova :
Ayea :
Naya :
Council Me•b rs Higdey, Neal, Fitzpa rick,
l na, Bilo. Bradahav , 0 ia .
Non •
The May or d clar d h ion carri d .
* * * * * *
Mayor 0 la ata d Council would conald r h r z nin
requeat and ~k d clalon on Decemb r 8. 19 0 .
* * * * * *
COUNCIL MEMBER HI CD AY HOV£0 TO ADJO RN THE
7 :53 P·•· Mayor Otia adjourn d h m ina wltho u a vo l
•
I • •
..
(
0
•
(
'l Vt r I , I o
Th t:rt il k
IJc hop that
•
• •
r t o r, John Lo vry .
m II d t o vo u under parae ov r.
rmal p r n t atio n o f th c rtifl c at
v em e nt , o d t h pp r oprla t e publir lt v
vt-.rnen t. A a~~~ple ne ~o•s r PJea l<t t'O ln"'cd.
of It t o Lh• appr pr l te loc l n w pnp r s
\.11 hopv th.l t thl" t•xamplt• Ill ""' •ur
I f<•rt tt• chi,,,,. """ 111 Iota in on •ppropr! tl!
lllhl!Hlnl P<H l ln llv<uhve.Invqu,• ion
1 I w m.sv t>c ot .tn lurthcr "''"l~t.onrc, pi'" ,.
\' rv t r ly vour
Ol'rlCI:.RS ASSOriA I :-1
N ~ . f.ll .J. K.a h n
D!r ltor/Ce rt l.fJ t l• of 'on(ormaaH't•
l'rog r nm
K/pdp
l:.n l'l o~>u r c
l r
to con t c t u
•
•
I • •
,... ,..
"'
( .
•
T
RL :
t I co, I
rtlflat
(.I t V <II
•
• •
I' ll
In fin rtt tal
The "" d , t hu d ·>
rt 1 f1 ~ In fi -;;-;; c I 1-::---:----:-I h
Off l c n Aeeoci tlon 0 1 Untt d tel • and Canad• (HF A)
elv• Ann <UI Finan c ial R.pon (CAF'R ) for th fht"al ., ar •nd
Th C rtJtJ c.ate of for.en , 1• the ht • t !orw of r c o~
nv rn•ntal ace untlng and fin nclal reporttn , and Itt a
a lgniflcant a c e: arpll•h n r b a o v m nt 1 unit nd Jt •
fn ord r o e awar
lllU t pub li h an e as 11 y r
Fin n c lal R.port, wh o a r nt
t lll aat laly b o th n rail
requl r nta.
rt If !c All' of <.onfonaanc , a
and ffi t"l nc1y o r
nta c onform to prograa t n ard .
a ccountin prln c lp1 e
d 0
nt I unl t
r ht'na I v Ann 1
S1J c h re po r
appli C' b lf' 1
Ell lbl rt'pOrt l are t>valuated by an tmpartiaJ SJ)f!r1al R vi w Co-Itt
c o po «>d of goVI'rn•nt flnilnc offJ <"en , c ert If led pu ll c duc ator
and oth r with p rti uJar xp r t 1n th ar a of ov rn nd
financial reportln .
Wh n A C.rtlfi at of onfonun r • 1
Award of Finan c ial Reportln~ Achlev
d ignat.-d by th gov m ntal unit
am d th Cf'rtl fica te .
avarded t o A 8 1
nt•l unit , •n
th Individual
it l havln
nt ha• b n
~: A l iat o( gov ro nt J unlta holdln valld C.rtlflcatf' of Con oraancf'
1 publiaht>d J)f'riodlcall . A of th 1110at r cf'nt 1 illt :Ia att c hed.
Furth r inf nut lon con c e-rn in th C~:r 1f !c at o f Con f o r ncr In
Finan lal R.>portin ProRra l vail bl upo n r qu.,a fr o HfOA at
I 0 i c hig ulte 0 , Chl c go , fllin o h 0 0 1 r 0 1 2) 9 77-q·oo .
•
I • •
•
•
• •
T h e Muni c ip a l Finan O ffi e r A s c J ~H J o n
f th United Sta t e and a nad a
I'" £'111 ''"
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
t u
JOUN LOWRY
ASSISTANT riNAN CL D1RL TO
en
n~ A....,rrl of "-Yl Rrp.>m"t Adowwm"'t u pruNtt d by tl., U..ouc1.J
1'1-.ct OJ. "' An l.ott.>., ta til u ,,..j,.,.J...J~ .. -It o lt...,.. f,....., "'""'mntt '"
Mr IOWT?t_,.t.J ""'' -=:l,k .,.,.~ • (..,.,, uc •t• of (_.,., """•"a '" ,._,_.,. ..J
/{'JIO<tmt Cffto{tcat <>{ /"""""C• U pr~ud I t/u.•u I"""""'' rot.J
_.,, •Mu c""'l'~ -n...l f,.,.,_..J r~m ( 1-R '•) rt joodftd
ftob•-twlly c""J""" t o ~-rwrod..rrls
O..u NO VCUBER 17 , 19 0
(
•
•
• J
PUIUSH£JU AffiDAVIT
TAft (JHA ..
"" I
r • . :.
.. , . ....,. ,_..,.
..
J ,.!. ... • • t, J
.,,,. ......... ty ~
tf'lfhe ,, .
V•
....
,, .
••.• ·~~· •"d h.a··~ '-"
t• •" t t 1 M ~ ..... tP•&Ml Nt-1 ~ &NO...~
'~'*"· ~ •nQ. "'" .. ~, ... ,.t.QJ ... ""'.-..cl
. , ..
....
I ~l()d I"'\\f ~ INI" ~~ .......,... C)ftC)( to tn.
•-•• ~· •'.o-"1 o~ he .,..~-.cs not<• t.,.J UII(I
>l··~~ '•''t:-•N •"''"-~Iol'f<•At
,, ~lt'fl
f\Otl(_ ..... lin ,~ ..... 0(
\ ~ 1 "' -'i
4 Pi !J_I/. tt-.«: .. c)An·e-~-" ...
ub l•bed 111\d f,N'I)frl f,) tt.f :;t<~• "'-1 Notary
'·. CIIV Of
•
• -
flU, Of ""• I ..,_,,
CU • h ,,.,,, t l"'-t •t '"-••• -.u, •• • ....... fl"' ..,. ........ ~· , .. ,
1 p • l • , .. Ct&r C...Cil ("'--'.,• Cl lf .. ll
JlM ._,.., 11u t lu .. t "'.a l....., C..l•.-.-t• c-•l ht ••t•a l er t a l• t ee l pt ... ttf .-. ••• t• IM (UJ •f tAal
(•let a .. I I U .llo~ l.._•tn e l t h trlu '"• , .. ,,.,. -., '" •c-••• • tll!••-u f'll• ,,..,.,,, u.,.. ,.._ .._.,,.
1 ~4 • e f .... fitf h ........ Ia ,._.. Vlf"tllllltJ et ..... .. • . ......
:':' ,t:• ~:" ... •::!' ~~!.:!· .~ ~::·: .. :~.:~!.'p.::: ~:; ~.::-· , .. , .... , .... ,. ...
I f ••••• e f ,,._,City c.-u el '""'Cur •f f •t l ........
(•I•••• a t U • -•"•• -.. .-.., II 1•10
,, ........ .
_. •ft ~u
Cttr ''••• 1••••••••
•
I • •
•
J
•
•
•
•
ERTI I ATION 0 POI!ITIIIG
Alta h die a photojlraph of a &tgn a at t enH·t don the followin g
de rtbed propert y ·--------------~----------------------------------------
Legal De c t'1pt Ion
I hereby c ertif under oat h that the abov de rt d propert wa p t d
onttnuouely for a period of
ll!!t l9__Q_. to
State of Co lorado )
) 8
County of Arapahoe )
18
Oe mber
ll1 •c emb
Date
da y . from
th l9_o_
Subscribed and swot·n t belot'e me this --&.tf,._ ___ da y of ~«k /
19 go
A. s•parate ·•rtJ!1 c 1 t ao n s hall b pre nt ed to th e Depar·tm nt
of ommuni ty Develop nt for en h Notice of H a ring g n.
Such certifi ·at 1on hould be sub.i tt d to th Depart•ent prior
to the Publ 1 c H• artng in order that it an b 1n lud d tn th
infol'lllation presented to the Public body before who. th
Hearing is being held •
•
I • •
•
•
•
•
tRTJFJ "ATJO 0 POSTING
Hta h d Ia a photol{raph fa ll(n a Jt I
o n h folio 1 n
d r I b d proper t \
c nprlo n
I hereby erlify u nd r ar h that th abo de r l d prop rt y p t d
ontlnuou ly fo1· a period o f 18
19__g_,
8 l h l9_,_o_
UP CPmbr r 80
Date
State of Colorado
Cou n ty of Ar a paho
ubs·ribed and sworn
19 go
~s •parat er tJ lJ l ln ns hallb pr ntdtoth Depar1mnt
of ommunl ty I v lup n t 101· ea h Noti c e of H a ring tgn .
Such certifi c at l n s hould be submitted to th Dcpartm nt prior
to th Pub ll c H .Jrtn Jn o rd r that H an b inc lud d in th
i n fonaa t1on pre en ted to the Public body be for whoa the
Hearing 1 being h ld.
•
I • •
•
•
• -
c 0 u C I l c 0 I u I C I 0
0
ITIAT 0 BY
SU BJ CT
Mylon C.
lod ri
ACTI O ROPOS(O __ lna rue C it A
ppr vin I. indus rial r
r c 1 v d
Thi r qu h
H nifen, Imhoff
t orncv' s T llm
m ·n E).
is r conun nd d
o indus rial rev
Co mpany, Inc . in
e.
Citv 's in n cial dvi so r,
A. chm n D) nd bond
Hahn , PC, (S A ach-
or Ace pting Applic -
achm n F) nd re-
h Ci y Cou nc i l uthori z he i suance
bonds for he lylon C . J cob's Supply
of $3 0,000 .
•
I • •
c
•
•
• •
MY '. J ·uu:. UI'I'LY 1..0., I '. II·
D&A WJ:STI:AA UP PLY CO. OF O._I..A . , DL LR, COLO.
Ll T OF LT& fO Ill I'UKUIA5LU AJ U COS IS 0~ IIOJ>.U S LL
Land
autldin~
Pa 1ng
furnt ture utpaent
Cost s r n venue Bon d s
Rl!alt o r rc -L..1nJ
lo ta I
S H, 16 .00
~ u, uo.oo
4,000.00
16,36~.0 0
15 ,000.00
I ,6.1 . 00
SllO ,OUO .OU
A'lTA CH T A
I • •
(
•
•
• -
ATTACH ., • 8
MYl.ON L. JM .. VU!> !>UI'I'L' lU , I' •
OB.A L!> Tl:.RN 'UPPLY CO. Of OU.A , Ill "< L , CO
h R UI.JotPTIO IIH T I' ''-11. Cit llUll
l cu l~tton sed n Sl 0 ,000 t 9\ o r 15 y o4r ~ -level p~yment chedule .
Sl8, 4 . 00/ nnu a ll
In er
Tenn
le l p ent
Yl..AR
1. '. . s .
5
7.
10.
II.
I
13 .
14 .
I 5.
ror L
SJJO ,OOO.
\
15 year
Sl ' 4 .
PR I C!Pll
SI O ,~ 1 .
II , '\52
12 ,o 7l
Sl 0 ,000.
pe r y ar
7 '
5,0:!4 .
I 2 •
$264 '100.
TOT AL
Sl S, <44
,,8' 944
38 ,944 .
' 4 .
l ,944 .
l ,944 .
l ,9 44 .
38 '944 .
3 '944 .
31i' 44 .
38 ' 4 .
38,944.
38 ,944 .
l '94 4 .
l ,944 .
s s 4,160 .
I • •
•
C •AL. HUD0Uif5 ••c • •••••oe••
•
• •
Arapaho Coun ty lndualrtal Auth ority
Englewood, Colorado
Supl< b •r 10, 1'.18C
RE: Hylon Ja b
Cocap any, lnc:.
ATTAI .H ~f ~ T C
We hav advtaed our 1 n tlae cus t o r, Mylon Jacoba Suppl1
CO"pany of our w11 Ungneaa to purchue th b nda o r fund
th loan d s rl bed ln th 1r appll ari on .
W r r • dy t o c lo eon thh flnancln& followln~ th llre-
l•ur tlon of the r l'qulruJ do ua•n t nJ you r .lJ'p r o v ul.
Slncurcly,
RCII:b
•
I • •
•
•
• •
llmlfen,Imhtif & Sanford, Inc.
624 Sewnteenlh Street
0enll'8r . Colorado 80202
(303) 534-0221
Mr. Gary Higbee
Director of Finance
City of Englewood
3400 South Elati
Englewood, Colorado 8011 0
Dear Mr. Higbee:
November 6, 1980
RECEiVED
1·: OV .i. 0 l'J~O
DEPT. Of' miMIC£
fNGUVIGVD
ATTACHMENT 0
We are pleased to respond to your letter of November 3, 1980, wherein you
e nclosed an application for i ndustrial revenue bonds as requested by a general
partnership of principals of the Mylon C. Jacoba Supply Company, Inc. which
bonds will be guaranteed by a lease to the Mylon C. Jacoba Supply Company,
Inc. Although the issue is small compared to normal industrial revenue bond
issues which generally exceed $500, 000, the guarantors on the lease appear
to have sufficient financial strength to protect the City in its issuance of indus-
trial revenue bonds.
The Mylon C. Jacobs Supply Company, Inc. is financially strong with reported
sa l es for the fiscal year ended December 31, 1979, of $1Z, 580,000 and a net
worth as of August 30, 1980, of $3, 499, 909. The corporation's footings arc
$6, 456 , 0 31 and it has an excellent current ratio of 3. 6 to 1 whereas a ratio of
l to 1 is satisfactory.
Th e corporation was organized in 1963 and net income available for debt service
fo r f i scal year 1979 amounted to $902., 000. This compares to projected annual
lease payme nts of $38,944, evidencing the company's ability to meet the proposed
lease paym ents. We also note that earnings for the eight months ended August 30,
1980, available for debt service amounted to $1,464,649.
Although we find the lessee in excellent financial condition in ita request for
$32.0, 000 of bonds, we also find substantial comfort in the fact that the bonds
will be acquired in total by The Firat National Bank, Tulsa, Oklahoma, a
sophisticated investor with exceptional ability to judge the credit of the company.
Denver • Glenwood Springs • Greeley • Fort Collins, Colorado
Wichita, Kansas • Little Rock, Arkansas
•
I • •
~ r
I
•
r
I
l
I
•
•
•
Mr. Gary Higbee
Director of Finance
City of Englewood -Z-
•
• •
November 6, 1980
It is our underat&ndiog that the firm of Tallm&qe, Tallmadge. Wallace a. Hahn
will prepare the legal documents and render ita final approvina leaal opinion on
completion of the transaction. The City baa previously uaed this firm and we have
a great deal of respect for their opioion.
I see no reasons with the information submitted that would preclude the City from
proceeding with the issuance of industrial revenue bonds on behalf of the company.
WFI:jb
Very truly yours.
HANIFEN, IMHOFF a. SAMFORD, INC.
. 1
Walter F. Imhoff
President
•
..
I • •
•
•
•
,. •
ATT ACHMENT E ,.,.,,
T ALLMA DGE. TALLMADGE . WA LLACE & HAH N . P.C. . .)
"""L-1:$ ., Uo t..L•ADGC u ee6 1eJ1 1
ltO.CIIIT C lA\,t,...MA OGt
"'A IIIVC\' • W A.Ll.ACC:
0 AVI 0 .) ""-AMfllll
A nO IIt N ~'t'S A "D COUN SI:LOIItS
2:4 00 I:NC .. O V CI:HTC:-. ONC
7 17 SltVCNTCCNT..,. ST II I[CT
N[W M I:CICO A.$SOCIATC !;
KtGCt.. McC.A8( &. •OHTU ~C
4N0111CW S AltMATA S D f NVEI'.. COLO ilAOO 8 02 0 2
C TH0M41t.S eASTICN
cao•ca: • ••c c
.JOMN W S M ITH
JO A Nfill WCIHSTC!H
•an ... cw D GLASSC it
DONA LD r O 'ANTUONO
C:OW A itO .J , WALSM
October 27, 1980
The Honorable Eugene Otis
The City of Englewood
3400 South Elati
Englewood, Colorado 80110
A lltCA COOl: 30)
TEt..t:~.,_.OPwC e i:S·02Z I
T A LLM .DGC S TC~ ~~:.-,..O N E
8Z3 ·2Z78
WYO M I .. G A SSOC I A TE
.J Aaot CS ,. c •sr•c•o
ATlO.NCY A 1 LAW
• o . •o• ee1
"0WC:LI., ._,OMING e l ~JS
Attention: Me. Dorothy Romans ,
Director of Community
Re: Proposed Industrial Development Revenue Bonds
Mylon c. Jacobs Supply Company
Dear Mayor otis:
We have reviewed Mylon c. Jacobs Supply Company's
proposal for Industrial Development Revenue Bonds and find the
proposal falls within the intent and meaning of the County and
Municipality Development Revenue Bond Act.
EJW/cp
Very truly yours,
TALLMADGE, TALLMADGE,
WALLACE & HAHN, P.C.
c;:::"ft.~~
•
I • •
(
•
•
•
• •
ATT ACHMENT F
GUIDELIN ES FO R ACCEP TIN G AP PLICATIONS
FOR INDUSTRIAL REVENUE BO OS
1) The company must s h ow a benefit Lo the City o r En glewood
or its citizens. This may be in the form of s e rvi c e s ,
employment of Englewood residents, taxes to be paid to
t he City , etc.
2 ) The: company must show that f inancing by industrial revenu e
bonds has a significant cost benefic to the comp a n y .
3) The c ompany must state o t h e r fi nancing th a t i t has c o n-
s i dered and why this financing is not being used.
4) If other agencies can issue industrial revenue bonds, the
c ompany must state why these other agencies are not beine
u se d to issue industrial revenue bonds.
5 ) P lans on the use of the bonds proceeds must be submittt:d
and approved by the City.
6) The Ci t y s h al l requ i r e f rom th e pr i nciple be nef ited b y
the i ssuanc e o r such industrial development r evenue bonds
a hold harml ess agreement relieving the City and all of
it s officials totally of any litigation expenses incurred
by th e City through the issuance of any industrial develop-
me nt revenue bonds throughout the life of the bond issue •
7 ) Th e City reserves the right to approve the selection of
b ond counsel, underwriters, and financial consultants for
the bond issue.
8) The City shall reserve the right to control the timing
of the sale of any bonds, and the City's discretion as
to the best time for sale shall be absolute •
I • •
/
/
9 )
0)
11)
(
12 )
( 13)
14)
•
•
•
• •
-2 -
All prov~s~on s providing for s curity in case of any de-
fault in payment of periodic lease amounts shall be sub-
ject to approval by the City .
The CiLy sha 1 h .. ve the right to approve or disapprov<! of
th e issuance of any additional bonds issued by the bene-
fa ctor , pledged for payment, from the same resourc es pay-
ing any industrial development revenue bonds. The City
m~y require that if the benefactor of any industrial de-
v lopment revenue bonds is a subsidiary corporation, the
parent corporation of that subsidiary sha ll additionally
be required to g uarantee all principle and interest due
as a result of any bond issuance if the subsidiary corpo-
ration should default in the payment of any principle or
interest o f the bond issue.
The City res erves the right of approval of all prov1s~ons
of any bond r esol utions , legal proceedings, and oth e r agree-
me n t s incident to the financing.
The Ci ty may require, at its discretion, certain financial
data and a financial plan. On the review of this plan
by the City, and on the advise from its consultants, the
Ci ty shall determine the applicability and advisability
of this financinc.
From the adoption of the "Inducement Resolution", all
costs , fees, and expense related to the issuance of de-
velopment bonds, are to be paid by the requesting party.
Nothing prov ided in this resolution shall be construed
as to require the City to proceed with any bond issuance,
even if an applicant meets the criteria provided herein,
and those criteria provided in Article 3, Chapter 29,
Colorado Revised Statutes 1973, as amended.
•
•
I • •
(
•
•
• •
-3 -
15) Financial Criteria:
16)
1-a)
;< b)
c)
d)
The sales of the indu trial conc ern sh all be no
less than $2 ,000,000 per year .
The "footings" on the industrial concern's fin ancial
balance sheet (the totals of assets and totals of
liabilities and net worth) shall not be less than
$5 000,000 .
The ne t worth of the indus trial concern shal l not b
les s than the amount of the bonds requested to be
issued.
The current ratio of the corporation, i.e., current
a ssets vs. current liabilities, must be at least 2 to
1.
e) The comp a ny must have been in existence for four (4)
years.
f) The i ndu strial concern's net earnings befor e income
tax and depre ciation must be equal to two times the
maxim um debt service on the industrial revenue bonds.
f) The f inancial statement of the company must b u re-
viewed by the City's fiscal agent and by the City
Administration with appropriate comments submitted
to the City Council prior to the City Council's
rendering any final decisions.
The proposed i ndustrial facility shall not be in conflict
with the City's Comprehensive Plan.
17) The property on which the industrial facilities are plan-
ned to be located must lie within the corporate boundaries
•
I • •
/
/
•
•
•
,.
, I -4 -
of the City of Englewood, and said property must carry
the zoning classification which permits said industr ial
uses or has to be found b y th e City Council to substan-
tial:y comply with item 1 of these guid elines.
18) The proposed industrial facility, and the plans ther~for,
shall be reviewed by the City staff in relation to the
off-site improvements, including, but not limited to,
streets, curb . gutter , sidewalks, utility easemen t s,
water and sewer line services, and traffic control de-
vices n eeded Ln order to provide the necessary services
f or said proposed facility, and a report thereon shall
be submitted to the City Council prior to the City Coun-
cil 's rtndering any final decision.
19) The application shall contain the following information:
a ) History of the applicant, including a description
of its op~rations.
b) Historical f inancial audit for the past three
(3) years, in cluding :
1) Net sa l~s.
2) Gro s s profit.
3) Net income.
4) Cash flow .
5) Net worth .
6) Earnin g s available for debt service.
7 ) Net f ixed assets.
8)
9 )
Working capital.
Current ratio of assets to liabilities; this
ratio must be approximately two (2) to one (l)
or as determined adequate by City. considering
the n at ure of the operation to be financed •
•
I • •
/
(
•
•
•
-5 -
10) Long term debt and amortization schedule for
such debt.
c) A report of any litigation pending against the company.
d) The maximum amount to be borrowed shall not exceed the
estimated construction cost of the facility , capitalized
interest not to exceed 18 months, architectural and
engineering fees, equipment and land.
e) Any other matters specifically desired by the City
Council not set forth above.
20) Applicants must show that the intended industrial facili-
ties will not be in direct competition to any existing re-
tail establishment currently located within the corporate
limits of the City of Englewood.
21) Applicant must indemnify the City against all lawsuits
or costs if project does not proceed or is abandoned.
•
I • •
•
• -
SUPPLY COMPANY ATTA CHMENT G
P I PEL I NE . I NDUS T R I A L AND OIL C O UNTIIIY S U PPLIES
P . 0 . .OX aaee • •a•a a. 7'•nt L AYL • (ele) el7-7 100 • TULM . OKLAHOMA 7•101
RESPONS E TO GUIDELINES FOR ACCEPTING APPLICATIONS
FOR INDUSTRIAL REVENUE BONDS
1 . Since our building location is within the city limits of Englewood, we
would be subject to any pertinent city taxes and as business growth
dictate s , additional employees would most likely be Englewood residents.
2 . First National Bank of Tulsa, Oklahoma, has indicated it would purchase
the entire bond issue at 9\ interest on a 15 year term. Inas-uch as
current mortgage interest rates are in e~ess of 13\, this represents
a substantial savings in interest to the company.
3. Commerci a l lending institutions are charging substantially higher interest
rates, therefore, we prefer this type of financing. Should the City not
r approve our application, we would approach Arapahoe County for its con-
sideration .
4. Arapahoe Count y advised our company to apply first to the City of
Eng l ew ood s ince our f a c i l i t y will be in the city limits.
5 . Inc luded i n package, i tem 1 p .8 (SEE ATTACHMENT A).
6 . We wi ll f urn is h a hold ha rmless agreement at the time we arc requested
t o do so by t he Ci t y .
7 . G 8 . Re f er t o letter f rom First Na tiona l Bank, Tulsa, Oklahoma, in package,
i t em MC . We bel]eve this offer will greatly facilitate handling the
bond issue and min i mi ze cost s of issuance. (SEE ATTACHMENT C).
9. Un d er sto od and accepted .
10. Und erstood and a ccepted.
11. Und erstood a nd ac cept ed .
12 . See pa c kag e of documents . (AVAILABLE IN FINANCE DEPARTMENT).
13 . Understood and accepted.
14 . Understood and accepted.
October 20, 1980
• •
I
I • •
/
•
• .. -
15 . See package of documents . (SE E ATTACHMENT D, OTH ER INFORMATION AVAILABLE
IN FI NANCE DEPARTMEN T)
16. Since our facility will be in the Greenbelt Industrial Park dovclopcJ
by Penner Building Systems, we preswae Mr . Penner has met the re4u i rc-
ments of the City's Comprehensive Plan.
17. See 16 above.
18 . Se e 16 above .
19. 19 a.
b.
c.
d.
See package of documents.
See package of documents . (AVAILABLE IN FINANCE DEPARTMENT)
There is no litigation pending against the company .
Amount to be borrowed relates to items covered in this item.
e. Understood.
20. Our operation does not engage in retail activities.
21. An indemnification statement will be furnished upon request.
October 20, 1980
• •
••
I • •
(""'·
(
•
ORDI ANCE 0. 5(
SERIES OF 198 0
•
• •
BY AUTHORITY
COl' CIL BILL NO. 62
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE ZONING CERTAI REAL PROPERTY ANNEXED TO THE CITY OF
ENGLEWOOD, COLORADO , I-1 , LIGHT INDUSTRIAL DISTRICT, A.~!:' ~..E t lDING
ZONING MAP IN ACCORDANCE THEREWITH .
WHEREAS, pursuant to the Englewood Comp re hen sive Zoning
Ordinance and Colorado Revised Statutes, public hearings were
held before the Englewood P l anning and Zoning Co mmission on
Octob er 21 , 1980 to consider the zoning of certain property
annexed to the City of Englewood; and
WHEREAS, on the 21st day of Octobe r, 1980 , said Planning
and Zoning Commission submitte d its Findings of Fact, Conclusion
and Recommendation that I-1 Industr ial zoning be i mposed on that
property annexed; and
WHEREAS , City Council finds a nd determines that public
necessity, convenience , health , safety , and good zoning practices
r equire the zon1ng of the following described property.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLO RADO:
Section 1 . Zone Class ification.
That the followi ng desc ribed real prop erty shall be zoned
I-1, Light Industrial Di s t rict :
Part of the SW 1/4 of NE 1/4 , Secti on 9, Township 5
South, Range 68 West of the 6th P.M. described beginn ing
at a poin t 662 .1 feet North and 87 £e e t East of the
cente r of said Section 9, said poi nt also being the
centerl ine of West T uft s Avenue; t h e nc e North 220 feet,
more or less, to a point on the Englewood City Limits;
thence East along said City Limits 46.9 feet , more or
les s; thence North alon g said City Limits 220.9 feet,
more or l ess; t hence Ea st along said Ci ty Limits 196.8
f eet more or less; thence South along said City Limits
440 .9 feet, more o r less, to the centerline of West
Tufts Avenue; thence West along sa id centerline 244
feet, more or less t o the po int of beginning, contain-
i ng 2.231 ac r e s, more o r less, Arapahoe County,
State of Co lorado.
•
I • •
• •
(
•
•
• ..
Section 2. Zoning Map Amen d ed .
Tha t the official zoning map of the City of Englewood shall
be and hereby is ame nded to conform to the p r ovisions of Section 1
of this Ord inance.
I ntroduced, read in full and passed on first reading on the
17th day of November, 1980.
Published as a Bill for an Ordinance on the 19th day of
November, 1980.
Read b y title and passed on final reading on the
of December, 1980. ______ day
Published by title as Ordinance No. , Series of 1980,
on the day of Dece mber , 1980. ------
Attest:
Mayor
ex officio City Clerk-Treasurer
I, Gary R. Hi g bee, ex officio City Clerk-Treasurer of the
Ci ty of Englewood, Colorado, hereby certify that the above and
fo regoing i s a true, accurate and complete copy of the Ordinance
p a ssed on final readin g and published by title as Ordinance No.
Series of 1980.
Gary R. H~gbee
-2-
•
I • •
....
(
•
ORD INANC E NO . 5iP
SERIES "OF 198~0-----
•
• •
BY AUTHORITY
4
COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANC E SETTING FORTH THE PARAMETERS OF THE UPCOMING
S INGLE FAMILY MORTGAGE REVENUE BOND PROGRAM OF THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood,
Colorado, pursuant to the Char ter and the Muni cipal Code of
the City and the laws o f the State of Colorado, is desirous
of setting forth its parameters for the upcoming single
family mortgage revenue bond program of the City of Englewood;
and
WHEREAS, such parameters have been established on
the basis of discussions with feasibility study personnel,
unde rwr iters , the City Planning Group, and current market
condi tions.
NOW, THEREFORE, BE IT OR DAINE D BY THE CITY COUNCIL
OF THE CITY OF ENGLEWO OD , COLORA DO:
•
•
I • •
....
(
•
•
•
Sec ion Pa rameters. The parameters for he upcon~ng
single family mortgage revenue bond program of he C1ty of
Englewood shall be as =allows :
(a) Origination Fee -Not to exceed 2%;
(b) Servicing Fee -3/8 of 1% annual servic1ng fee;
(c) Program Participation Fee -Not to exceed 2%
whi ch may be paid by either the homebuye r or
seller;
(d) P repayment Penalties -Not to exce ed 4 % for the
first five y ears of the mo rtgage;
(e) r-la ximum Income -$29,500: maximum income means
f or t he mor t g a gor 's taxable ye ar, which taxable
ye ar sha ll be the taxable year 1980, t h e total
annual i ncome of the mo rtgagor from whatever
sourc e der ived and before taxes or withholding
tog eth er with the total annual income from what-
ever source derived and before taxes or with -
holding of all pers ons who intend to perma nently
reside with such mortgagor in the s ame dw e lling
(the mortgagor and such other pe rsons intending
to permanently reside i n the same dwelling being
hereinafter referred to collectively as "house-
hold members"), les s the total of the credits
compu t ed in a ccordance with the foll owi ng :
(i) a credit in an amount equal to $1,0 00 fo r
e ac h household member other than the head of
the househo ld; (ii) a credit i n an amount
equal to all earnings of any h ousehold me~ber
who i s unde r 1 8 years of age , or who is
physically or mentally handicapped as determined
on t he b asi s of medical evidence from a l icensed
phy sic ian ; (ii i) a cre dit in a n a mo unt equa l t o
medical expenses of household members, not com-
pensated for o r covered by insurance, in excess
-2 -
I • •
(
•
•
• -
of 3% of the to al gross ad jus ed ncorne of
all household members; (iv) a credit in an
amount equal to one-half of the otal ea rn i ngs
of all household members over 18 years of age
who are secondary wage earn ers i n the house -
hold, other than the spouse of the head of
household, provided , however, that such credit
applicable under this subs ection (iv) may not
exceed $2,500 and {v) a credit 1n an amount
equal to all income of any household member of
an unus ual or temporary nature and not related
to such hous ehold member 's regular employment,
as determined by the lending institution;
(f ) Maximum Home Value -$80,000 '"'hich amount re-
presents the sales price or a9prai sed value ,
whichever is g re ater;
{g) Ty pes of Homes Which Can Be F inanc ed -Single
family detached homes , condominiums, tow n houses
and duplexes;
{h) Mortgage Interest Rate -Not to exceed 1 2 %;
(i) Comm itme nt Period -One year from the date of
issuance of the bonds to receive firm commit-
ment letters;
(j) Fund ing Period -An additional period no t t o
exceed six months to fund mortgage loans after
the end of the commitment period ;
{k) Requirements for Part icipa tion of Lenders -
Commitment Fee i n the form of a cashier 's
check in an amount not to exceed 2% of the
commitment at the t ime they submit their com-
mitment for mortgage money or Letter of Credit
from the participating lenders not to exceed 3 %
of their allocate d amount at the time of closing
the bond iss ue ;
-3-
•
I • •
pv ..
((
•
•
• . . •
( ) Term of Mor g age and :t inimwn Loan k"'!IOU:lt -30
years wit~ subs ta ntially level payments; mini-
mum pri nc 1pal amoun of loan of not les s than
$10,000;
(m) Types of Loan -Convent1onal , VA or FHA;
(n) ·Appl icants -Anyone who intends to pur chase a
residence in the City limits of Eng lewood,which
residence shall be occupied by the mortgagor as
such mortgagor's princ ipal place of residence, and
wh o meets the rlaximwn I n come and '1ax1mum Home
Value criteria prev iously described;
(o ) Loan to Value Ratio of Mortgage Loans -Not
more than 75% of the aggregate principal amount
of the mortgage loans will represent mor tgage
loans, t h e original principal amo unt s of which
are greater than 90% (but no t greater than 95%)
of the i nit i al appraised value of the property
subject to the re lated mortgage, exce p t for
mortgage loans wi th FHA insurance or a VA
guaranty ;
(p) Rehabil itation Aortgage Loans -Permitted in
accordance with the following : (il the mort-
g age loan will be used to rehabilitate resi -
dential real property by the imp rovement or
i ncrease of e ssential living space (but not
for amenities unrelated to such _ improvement
or increase}, and (i i) the appraised value of
the property will increase by virtue of the
rehabilitation by not less than 25% of its
pre-rehabilitation appraised value ; provi ded
that the lo~n va lue shall not excee~ $80,000;
and
-4-I • •
. ou"
•
• •
(q) Size of Bond Issue -Approx1ma e y $25,000,000.
Section 2. Changed C1rcumstances. In the event tha he
hereinbefore-described parameters must be revised in order to
comply w1th legislation in existence at the time of the issu -
ance of the bonds and the passa ge of the bond ordinance,or to
improve the marketabili t y of the bonds a the t1me the sam
are marketed , such parameters may be amended and 1 ncorporated
and finall y approved in the bond ord1nance for the single
family mortgage revenue bond p rogram of the Ci ty .
Section 3 . Hearing . In accord ance wi th Section 40 of
.~. the City Charter, the City Council shall hold a public hear-
ing on this ord inance, before f i nal passage , a t 7:30 P.M. on
(
•
Monday December..!!.._, 1980 .
Section 4. Publicat ion and Eff e ctive Date . This
Ordinance, af t er its final passage, shall be numbered and
recorded and the adoption and p ub lication s h al l be au thenti-
cated by the signa t ure of t he Mayor and t he Dir ector of
Finance, ex-offic i o City Cl erk-Treasurer, and by the Certifi -
c ate o f Publication. This Ordinance shall become effective
30 days afte r publication fol lowing final passage.
-5 -
•
I • •
;ou,.
• •
(
•
•
• •
Introduced , read in full, and passed on fi rs t reading the 17th day of November , 1980.
Publish e d as a Bill for an Ordinance on the 19th day of November , 1980.
Rea d by title and passed on final r e ading on the 8th day of December, 1980 .
-Published b y title as Ord in ance No . _________ , Series of
198 0 , on the lOth day of December, 1980.
Attest : Mayor
ex officio City Cle rk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above and
forego i n g is a true , accurate and complete copy of the Ordinance
pa ssed on final reading and published by title as Ordinance No. Series of 19 80 .
Gary R. H~gbee
-6-
•
I • •
'ID
ST AT£ 0. COl.OIIAO()
CO UNTY Of'
...... {_
' ...
'
: ... ::.c.J JO , ';-~-;.,
tnat tne ume" a ._..ty,....,.....,. ~
'" the c.r.-of
County of
.~l~p ~,.1_a.:·.~~:.
State of Cotoraoo. ana has 1 ger'ttlfel citc:ufetion
theretn: that said newapaper has been~
conllnuou~Jy and u"'nterrupfedty In lakl
County of .
·1·.r.~ ?~_!_,~?
to r a penoo of more than 52 wee~~ts prior to the
t•rst publicatton of the anne•ed notice, that Mid
newspaper •• entered In the~ office 11
. l r;\ v od
Colorado. as second class matt maner and that
the satd newspaper 11 a newspaper within the
meanmg or the act of the General Anembty or
th e State or Colorado. approved March 30. 1823,
and entitled ''legal Notices and Advertlaementa"
and o ther acts rolatmg to the pnnling and
publ•sh•ng or legal notices and advertl smenta:
lh:lt the a nnexed not.ce was published In the
regular and enl!re i ssues of sa1d newspaper.
once each week . on the same day of eech week
tor the penod of
Pubhcallon of sa•d newspaper dated
.. -0 C l::, -.~ ~~-19 ~ .... andthe
l ast publ•cat•on o1 sa1d not1ce was '" the •ssue of
Subscnbed and sworn to betor• me, a Notary
PubliC. l h1S ... !~ ~-:~. ~ .. day of
..... 19 .
Cv'1 l.c:.{(cf'. ..... 2 /./ /./,.: .. : •. (/,./
• .' " .:.r.>i :·~r~ P•pires De~
•
•
• •
RECEIVED
.::c 1
eana OF "'IUC IIAIJ ..
.. Ue-o h ..,.,.elr7 ,,.,.. t. ... t t.hen will M • -U~ ....,., ..
: --·;~*€---,:-.-·,._,~~ 5iiii; •. ~i1
.. 117"""'T4100 liiiO lloti lt .... t ,~~_., Caler.-, • .. u, .. , ... , .. , ... ,. .. ...,,.,.. .,~ ~:t •':tL• r .. u, ~~-=.I'~ -... pr-.r-of tile CltJ o 1aa ....,,
~J tC'":::. ~r!.,c!0
.:: ::'": ... ~~~:• .!:!!: :,.::--r for tbat ,...,.. ••
IJ Ot"ftr of tbo Clly Counc 11 of the ct lJ of ,...,....,...,
Colorado, ot Uo ._ll'l& -~~g.,.-,.1' l7 , 1910
/o/ c;.rj I . IH&Me
•• officJo
Ci lJ Clorlt·Troooynr
PU8LJSIIU : llo ...... r l7 , ltao
ID&lMI004 S.att .. l . ~·.: 1 . ·
1:}8
I • •
•
•
• •
5
130AH!l OF ADJLST:.tE .•JT A.'\0 APPE ,\L
<.:I TY OF L 'GLL\I'OOD, COLORADO
OCTOBEH R, 10:,!0
.IIINUTES
The regula r meet ing of the Boar d of Ad justme nt and Appeal s wa s called
to o rder at 7:30p .m. by Ch airman Howa r d Brown .
MEM!Jl:.HS PR.b.SENT : Leon a r d, Gage , Hallagin , Da wson , Seymou r,
Kr iling, Brown
.a, IBbRS ABSENT : None
AL~O PR.c.Sl:.;~-r: Clark, Assistant ity Attorney
Pittman, Chief Building Inspector
Conl ey, decording S cretary
* * * * * *
5000 SOUTH DELAWARE ST RE ET CASE 4 8 -80
RL~DhST : The applicant is r questi n g a va r iance fro m th e 196 9 En g lewo od
Junicip al Code, as amended, Sect~on 3 -2 -3 b. 1 & 4 -Fe n ces . I •
' ,
•
•
I
•
• -
-2 -
LOUIS CANGILLA 5000 SOUTH DELAWARE STRE ET CA
Rh~UEST: The applicant is requesting a variance f rom the 1969 E n gl wood
Muni ipal Code , as amen a ed, Section 3-2-3 b . 1 & 4 -Fen c es.
1) Fences erected i n f ront of the front bui l d i ng
li ne shall be of Class 2, 3, 4 or 6 and shall
not exceed a height of three (3) feet six (6)
inches .
(Class 2 -Ornamental Iron
Class 3 -Woven Wire
Class 4 -Wood Picket (m o r e than 50% op n)
Class 6 -Hedges)
4) For buildings locat e d on corner lots, th
res t riction for fences in the yard facing
the side street shall be t h e same as in
Paragraph 1 for front yard fe nces.
The staff report was r ead and submitted to record.
Louis and Patricia Cangilla, 5000 South Delaware Street, were sworn in
for testimony. Mr. Cangilla stated that they proposed to constru c t a
six (6') f oo t fence along the s ide of the house, to the rear of th
property. He stated that th e fence will keep the debris f r o m th e
street and tne ball park out of hi s yard . At the rear of the property
is a vacant field and the fence wil l be a buffer from the weeds in th e
f i el d . The fe nce will als o provide privacy f rom the neighbor park i n g
a vel oicJ e next to the adjoining property line a nd the t r ash cans als o alo n ~ t ne adjo inin g property line.
There was n o o ne p r esent who wished to speak in favor o r o pposit io n t o
tne varian ce . Chairman Brown closed the Public Hearing.
BOARD MEMBER SEYMOUR MOTIONED THAT I N CASE NO . 43 -8 0
LOUIS CANGILLA, 5000 SOU'l'H DELAWARE STREET BE GRANTED
A VA RIA NCE FRml THE 1969 ENGLEWOOD MUNICIPAL CODE, AS
AMENDED, SECTION 3-2-3 b . 1 & 4 -FENCES.
Board Member Hallag in seconded the motion.
All members c ast thei r votes. The vote resulted as fo llows:
• •
I • •
•
0
• I
•
•
• •
AYLS: Leon ..t rd, age , Hal lag in, Dawso n, S ymour ,
Kr il1n b, Brown
, AYS: • one
-3-
Cna irman Brown stated that with seven affi rma tive votes the varian ce ~ ..t» G HANT J.:D .
FL. Ul 1'iuS OF FACT
!r . Leonard stated that this is a har d s h ip wit h the noise of t h e
traiiic a nd th e bal l field . The fence will provide p r o t ection f r o m
t>le n eighLor's boat and og a n d it will n ot obst r u c t t he tra f fi c vision .
Mr . Gage stated that there is a n eed fo r p r ivacy from the ball field an d the n eig hbors o n t h e s o uth.
i•lr . Ha llagi n stated that t h e fe n ce will p r ovi d e safety for th e
c hild r en a n d p r ovi d e p r ivacy fo r t h e m.
M~s . Daw son stated that t h e fe n ce wi ll h e lp k eep bl o wi ng tras h out
of the yard and provi d e p ri v a cy f o r the o wners .
Mr . Seymour stated t h at t h e r e we r e n o obj e ct i ons f r o m the n e ighbor s
an u tne fence will meet t h e t r aff i c safe ty r e quire me nts.
~r . ~re1li n ~ stated that ap p l i c ant me et s th e six conditions for a vari an ce .
. lr Brown stated that this is a hardsh ip c a se a nd th e varian c e will
upgrade t he p r ope r ty a n d t h e n e i g hb o rho o d.
* * * * * *
HOBE RT D . GANCE
CASE 53-80 2390-94 WEST HI LLS I DE AVENU E
HB~~ES T: T oe applicant is r eq u est in g a variance f r o m the (a) required
l ot a r ea of 6 ,0 00 sq . f t. to a lo t are a o 3,323.5 sq. f t., (b)
minim um lot fr on t a g e of 50 f t. to 31 f t ., (c ) minimum side yard setback
of 3 ft . to ze r o (0 ) f t . a nd (d) t otal s i d e y ard setback of 10 ft . to
7 ft ., fo r the east unit, fo r the purpose of building two (2) single-
frunily a t tach e d dw e llin g u nits . This is a v ar i ance o f the Comprehensive
Zo ning Ordin a n ce S ec t ion 22 .4 -7 c . (1) - Lo t Area, Se ction 22.4-7 g.
(1) -Lot F r o ntage , S ect i o n 22.4 -7 j. (1) -Minimum Side Yard and
Sect i o n 22 .4 -7 j . -Total S ide Yard.
•
I • •
•
•
• -
Cha 1 rman Brown v e rl f i d t hat prope r postin g a nd legal adv rtlsin~ u
th1 s case had be en gi v en . The staff rep o r t wa read a nd submlttPd
t o r e corc.!.
Mo b rt Gan c e, 1H 65 So uth Uryant, as s wo r n in fo r t estl~ony. Mr .
Gan c e s tated that h e is the ow ner of t he rope rty . Mr . Ga n ce stated
that he had p r eviou sl y b e n gra nt d a va r ia n ~e for th ;so u t h half o
tne lot and had n e g lec t d t o i n c lude th is par ce l on the var iance
r equest. He stated t hat h e want e d t o se ll each u nit sep a rat ely and
pr o vid si ngle-f ru n1ly o wn e r s h ip v er;,;u s r n t rs 1n the uni t s. H R a ed
t h a t th e uni t would b e ;,;liginly .La r ge r tha n tb one on ass a r . lit·
statea tnat he subn u t~e u .Lett e rs iruu1 t h e neighbors at th e pre v 1ous
vari an ce h e a r ing .
There was n o one p r esent who wished t o s p e ak in lavor o r oppo ·irion to
toe var i an ce . Ch a i r man Bro wn clo sed t h e P ub l1c H ar i n g .
B0ARV MEMBER KR EILING MOT I ONED THAT IN CASE 5 3-80 ,
ROBEHT D. GM~CE., 2390-94 WEST HI LLSIDE AV E UE, DE
GR A TBD A VARIAiCE FROM (a) REQUI ED LOT AR EA OF
6,000 SQ . FT. TO A LOT AREA OF 3,32:3 .5 SQ. FT.,
(b) MIN IM UM LOT FRONTAGE OF 50 FT. TO 31FT., (c)
MINIMUII! SIDE YAHD SETBACK OF ::1 FT . TO ZERO (0) FT.
AND (d) TOTAL SIDE YA RD SLTBACK OF 10 F~. TO
7FT ., FOR THE EAST Ui IT, FOR THE PURPOSE OF
BUILDING TWO (~) SINGLE -FAMILY ATTACHED DWELL! G
U ITS . THIS IS A VARIMCE OF THE CO!.IPREHE. SIVE
ZO, ING ORDI NANCE SECTION 22 .4 -7 c . (1 ) -LOT AREA,
SECTIO N 2 2 .4 -7 g . (1 ) -LOT FRONTAGE, SECTION 22 .4-7
j . (1) -MI NI MUM SIDE YARD AND SECTION 22.4-7 j. -
TOTAL SIDE YARD .
Board ~fem ber Seymour seconded the motion.
All members cast their votes . The vote resulted as fo llows:
AYES: Leonard, Gag , Hallag in, Dawson, Seymour ,
Kreil in g, Brown
NAYS : o n
Cna 1rma n Brown stated that with seven a ff irmat ive votes t h e va r ian ce was GRA,TED .
•
I • •
•
•
• •
lr . Leonard staled tha the proposal is th sam as 'h
I·' L tter to lave owners versus ren t ers in the unlts ,
obJ •ct1uns from he neighbors .
.. -··-
last varianc .
Th re wer no
lr. Ga' • s ated tnat varL.tnce of the same type of construe 10n has been
·rant~d in h past nd h•re 1s a need f r •his typP of housing in
:.. 1(1' l"( l
Mr . Hall ~in s ated th at there was no ObJeCtion Irom the n ighbors .
It. \\ill • upgr dlnb ,,.., neighborhood .
Jr~. Da~son stated that the varian ce will i mprove the ne i g hborho od a nd
tnert is a need for single-fa mily h o u sin g .
r Seymour stated t hat th e r e we r e n o objec t ions to t he varian c e .
T~1s will Lrinb mo r e families a nd c h ildren to E n gle~ood .
Mr . Kr~il1n~ statea that the d ve l opm n t i s i n th e prese n t trend to
set u~ lew cost single-family hou sing .
Jr. Brown stated that the si x conditions we r met for a va r ian ce,
* * * * * *
HAHOLU WOLF£ 2190 EAST FLOYD AVEN UE CASE 54-80
HEQL'ST: The applican is r qu sting a variance from the maximum lot
CO\Pra~e of 25~ to a lot coverage of 27 .3% fo r the purpose of a ddin g
an addition to the existing garage This is a var iance o f the
Comprehensi\'(? L:oning Ordinanc S ction 22.4 -2 e . -Maximum Lot Cove r age .
Ch~irman Hrown verified that proper posting and legal adve r tisin g of
th1s case had ben given . The staff report was r ead and s u bmitted to
record ,
llarold Wolfe, 2190 East Floyd Avenue , was sworn i n for tes timon y .
~r. Wolfe stated that he is the own r of the above prope r t y . He
stated that the house does not have a bas m<nt . The add i tion o f a
basement to the p r esen h o u se is almost impossible, with th e cost and
thu construction of the house . H stat ed that th addit i o n woul d b e
for a workshop and storage area . He stated that h proposes to us e
the same type of construe ion as th pr sent garage .
•
•
I • •
•
•
• -
-6-
Hoard ~ember ~eymour stateu that hi~ ~al •ulation on tbP lot eoveragP
was dif fe r nt from the s taff report figures . He stated that he haJ
a lot o v rage of 29 o .~ Vl-rsus th ee 27 3' c n the stat f report.
Mr . Seymour stated t hat the staff repo rt should b co rrected to rea 2~.5~ lot coverage 1nstead of 27 .3£ lot cov rage .
here was n o on
to the variance . pr~tient wh o w1shed to speak in favor o r oppos1tion
Chai r man Brown closed the Public Dearing .
Hu dO 1\lliMBLR HALL GI IU1IUd.D THAT L" CASE 54-80
HAROLD WO LFE , ~190 L ST r'LOYU A ENUE BE GRANTED A
VAJ:UANC.i;!, FHO .l THE AlAXI'ILM LOT COVERAGI!. Of 25"<> TO
A LOT COVCHAGE OF 2!-1. 5'! FOR THI; Pt;RPOSE OF ADDL G
A1 ADDITIO TO THE EXISTI~G GARAG . THIS I A
VARIANCE. OF liE CmllJHE tiE,"S IVE Z01 ING ORDINA, CE
SECTI 01 2~. -2 e. -MAX IMUM LCYl' COVEHAGL.
Uo a rd Me mber Gage seconded th mot1on
Al l membe rs ca~t th ir vot s . Tn vote re ~u te d as fol~ows:
AYE S : Leonara, Gabe , tlallagin, Dawson, Seymour,
Kr eilng, Br o w J
NAYS: ro n ~
Chairman Brown stated that wi th seven affirmative votes th varian ct
was GRANTED .
FI lHNGS OF FACT
Mr . Leonard s t at e d that this was a hards hi p case . The applicant do.
not hav e a basemen t •n d he submitt LJ four (4) Jetters uf apprt \a J ir·Jm hi.s nei ghbors.
Jr. Gage stated that the r e is a hards h ip with the fa ct that the hou!:'e
does n ot have a ba sement . There w re four (4) letters of approval from tHe neighbors.
~·r. llallagin stated that t his wo u ld not weaken the purp ose o the
o dinance and th ere are four (4) letters of approval from his neigh bors ,
~Irs. Dawson stat ed that the applicant ne e d e d the storage space, there
were fo ur (4) lett ers oi approval from his neighbor s"
Mr Seymou r stated t hat there were no o bj ections from the neighbors
There is a hardship with no basement in the house.
•
I • •
:v. n
(
•
•
• •
l r . hre1lin6 stat~ Ln at ~be appli can ~ has r ~e arch •
auJ fu nd Li1 e m to b e economically infeasible to do.
tnc r • is a n e d for a s~orage area .
-7-
the alterna tives
lie stated that
. fr . Lrown stateu that h conc urred wi th ~be r easons that had been
p revio u sly give n by the ot her Board Membe rs.
* * * * * *
. PYL.t: 4 ~91 SOUT H CLARKSON STREET CASE 55 -80
K.t:~UEST; Tne ap p licant i s requesting a variance to c ontinue the use
)[ a tluplex dwellin g unit in a sin b l e -family 2o n e d district . This is
a varia n ce of tue Co mprehensive Zoning Ordin ance Se ct ion 22 .4 -4 b . -
P rm1t t ed Princ ip al Us es an d Zon in g Board of Adjustm nt an d Appeals
L.ase U;$-7~.
L.nal rman Brown ve rified that prop er posting and lega l a dv e rtis i ng o f
tnis case had been given . The staf f r eport was r e ad a nd submitt e d
L o record .
,~ate Pyle, 530 0 Ch er r y Creek Vrive, Denver, wa s s wo rn i n for testimony ,
Mr . Pyle s t ate d that he purchase d the property a year ago, wit h th e
understand i ng that this was a bas eme nt apartment, with a variance fo r
tne cont inued use . li e s tat e d that t he house does ha ve separate entrances
for both uni ts an a sep arate kitchen facilities . He stated that
cais uas been a two -un it dw e llin g fo r a number of y e ars and did not
sc0 a n y r easo n why it should n ot be cont i nued to be use d as s u ch.
~r. Pyle s~ate d that h e has been unab le to reach most of the n eighbors,
but his busi n ess card was left , if they h ad any problems with the
units . He s tat e d that if it wa s con ve rt e d to a single-family un it
1w would not b e ab le t o affo rd the nJO n t hly payments o n t h e h ouse .
Ga ry Pit t man, Chief Building Insp ector , stated that h e wan ted to list
Lne three (J) thi n gs o n the hou sing co de whi c h were not on th e s taff
re1)0 rt .
1) Smoke d etectors be i nst alled in b o t h units .
~) bscape windo ws be installe d in t h e b e droom
wi ndow in the base ment uni t .
3) P r o p e r fire separ atio n be p rovi d e d between
th e garage a nd th e d welling unit.
•
•
I • •
•
•
• -
d tha b e was n t a ar, o f 1 tl~ !to using cod • lt•t t •r, bu
would na .,. tlw violl< io n s ~orrected H<" statui h tw
was n u t war of any ,)rool l..'ms ·1 th t.h n ibhbor:s, un 11 pprox n~.n • 1:.
S lX (ti) we ks a~o lllPn n me ·sa;;t' wa!-4 left ~ hbs offic The
tenant · h a ~e b een ~1v n the1r no 1c an d hop fully th1s will solve any
p r o b l ms tha t he neighbors h acl .
T ne r was no o n pr•. e nt wn> \\'iShtd to sp kin favor ot th varianct•
Ch a irma n Hr o wn aske d f tl1•r e vas anrone presen
I n OVJ.>OSi li o n t o t h e var1~nce . who 11 1 shed o spt.tk
Vin ce At e n cio , attorn y retJr 'S<'ntinL, ~lr P~ 1 '.:> n 1ghhor::., subm1 te
l ett e r s f r o m th~ n igilbors to the board . Mr . Atenci submitted :, m·
1
)
s n o win g the locatlon o· t h e nPi.;hoo s that had SI ned thE letters of
opposi t i on . He stat•d that t h e sigu at r es were o r ne1ghbors that li c .
n o t more than o n e (1) b l oc k a way from th duplex . He state d that
t h e charact er of t he ne i gl..!bo rhood is one-tamily r esidential and i,.; ~onea R-1-C. I t n as b ee n s o zon e d s1nce approximately 19JO . He stated
t hat tu e pro perty a lue s wi l l aff ect t he wh ole n c 1 ghbor h oo d and not
jus t hlr . Pyle's p r o p e r ty Thi s i s a ' r y s table n e1gh borhood with
some fam i li.;s livi n , tner e up to 3 1 year s II s t ated that tt1e
ne ighborhoo d ha d on l y two (2 ) o th e r ren tal units , one ha>; the 011n er
l i vin g n e xt door a n d the ot h er , th e ten a n t h a d lived in the unit ,
for a number of year s . Mr . Ate n c io state d t h a t t he p ark ing w:ts n ot
ad eq uat e on Cl a r k s o n ~tr ee t and wi th t h e du plex r e quir emen t one an d
o n e -ha lf (l i) space s p e r unit , th e p a rkin g r e quirement s may n ut b e me t .
hlr . Atencio s ta t e d that on the o r i gin a l varian c e fo r th Gie l iss e n's ,
two (~) vo tes wer e tak e n. One, t o a llow a v ar ian ce fo r the dup lex
to run wi t h the pro perty , the vote wa s thr e e (3) yes, t hre (3 ) no and
one (1) abstention. Tbe va ri ance was n o t u p h e ld . The second , was
wh et her the varian ce should be gran ted t o t he Giel i ssen 's only , the
vot e wa s s ix (6 ) y e s, z ero (0) no a nd o n e (1) abstention . The var ianc(
wa s ~rante d to tn e m fo r their o wn e rsh i p o nl y . He stated tint t h
h ous in g co d e requ i r e me n ts have n ot b <·r>n met. Mr. At nc i o stat d that
t o e own e r's of t h e prop e rt y , in 1 9G~. c han ged the entranc to an out -
S ide ntran ce . He a l so s tat ed that the ow n rs of the p r operty lived
i n t he up p e r un i t. He s ta te d t hat th e Gi elissen's h a\·e continued to
u s t ne pro perty as a dup e lx . lie s tate d th at Lhere we r e three (3)
ne1gh bors wh o favo r e d th e c ont i nu e d use of he duple x , They have
~Ince oppose d t h e con t inu e d use of the duplex .
Mr. Atenc 1o stat ed that if the va ri an ce was granted t o Mr. Pyle, the
s a me problem will ar i se when th e property is so l d Th e neighbors wi ll
be llert. aga in to oppose t h e dup J ex . Th ere ar e two 2) other ren t.l .•
i n the block, b oth bei ng use d as sing l e -f a mi l y un it I t seems tllat
Mr . Pyl e '· p r oper y co u ld ~lso be u se d a s a s in g l e -fa mily re n tal unit ,
T h e prev1ous o w ner~ hatl l1ved in t h e b l ock or in one of the un1 t s .
'!r . Pyl e is a n a b sentee v.vner a nd has st ac ed t hat h e ha s had problerns
•
I • •
(
•
•
• •
··h th t n:tntq, 'hen· ~,;tbo s arc> her
In t.>t3. cd hat ~!r. Pt•J , t . ..:; a rPal o -,
l rlbC of cbr·c k Jllg" ' i h tl!( Z'Jn int· noard
r lw ~r un d. fo r gra t ol[, a . ariance
a.uti.J. •. ,u.~ lC<> to all the p••opl ·• Th Ju,.:tice
Py (, na.r:;l.cula'" \" f"nancial ::-· F"on • Be di rl
a:l > , but it could hd u ~ccn avo ·ced w1th ~r . Pyl e
·• 1 JUild.:.11~ d ep:t!'l. .. nt . Th n"i"h oo:-hood is a
i:-· riar.< \''il l ir.c r easP • '1e traff'" und
"' nr. Clar:<~ n 5t rr·Pt . T 1e ru1ler v '~e s n ot
~ ~;,:c rna n<>r u; ~he rc<>t of th e block.
S u •i: C.:.a rl;son Street , wa::. sworn .r1 for testimony .
•· .·' l · \'ed i • ::he p opc rt:r that : ~; ?r evious ly o wned
t~ ·' G~cli.·sen'"· She s~a et: that wh••:: t 1w Gielh;;,en's owned h e
·o E:.l't'-. i: Y..as ·n aintain•·d pl'1pt.•r1 · tn< <>h<> had n o rob l e ms with thE'
t• nu:, .n :.-ne unit • ShP statt:d t '1at p ~Hl r to thP problems that wer
ro yle '~ at en t ion, t~ re uere other .hings th a s he
Frlt. could 'e t ol r at J , t .. e~ urn.d ou .. n ot to b to l erable . Sh
~t ted • at t hl,., is n ot a goull loe i )I (or a duple.· T h e parki n g
1~ not adequate and thr are~ ~ n o. pr o pc r ly zoned o r a dup~0x uni
~r. ~te -10 rub~itt_d pllt :reN o• LhL prop r y to t h e Bo ard . He
s ··u i'.t• tl'e pj ·t ·.rcf sho t! p -..op••:::-t:y q: j h :; p r e~ent condi ion .
he < t.t ~vd c ,i • he ,. I •' · p c ,: -• f re <> f Clarkc.on S' .. L'e t, showing
'!1n• (J) c ars pr .. ·••d l'J ... r Pt ot ·11 s ,-ie t prop t ,.
•>Pa[,tn;.., ~n l'Uhl.i~cal, 'Jr·. !'.·l .-u.ted tl>at he was st.rprised v.i h the
u• ·• 1on • t 1e \·ar• ·>ce. !{n stat"'d tha· he wl:ls • f'h angi. g the
.: n~n..;, ut ra:..JJer as!~,..:; •or t::. un~.c.-·Ja•·cf· of on r·,ist~nb vari a n ce .
I' rt ted that he did .Ot f e0) thar t he P rOperty Val UPS WOU l d dec r eaS
Clt.·~ ol the duol•v un~t. hl r Pvle sta ed that there is Done -car
gara~e anu spac•• for one 1) to ~0 (2) cars h~~ind he garage . He
'itLt ·u that ne is v.illlng ·o brin the p r)p er y up Ll b u ildi ng code
•' tnda .,.d s and a ny ord · n a nce<> pgarding the par ki n g r equirement s. He
sta t• d that it i ea~ t< r t o r (n' t a s a duplex, be c ause with a l a r ger
ldmily ·~ere is a gruaLLr posNibil~ty of n~re pets. He stated that he
is w l.n~ to me•t with tnt. nei~hb0rs and t ry and solve thes e p r oblems
ur any that may a ri~e. He again stated tha t h e was as ki n g for a
cont i nuance of an xjsting var iance .
ChRL rrna Brown decl a red a re cess at 9 :30 p.m . The Bo a rd r econve n ed
at 9:40 p n . ChairMan Brown asked for a r oll call Upo n a call of
the roll , the followi ng were p r sent:
Board Members Leonard, Gage, Hallagin, Dawson ,
S~·mo ur, Kreiling, Brown
No ne
•
•
I • •
(
0
•
•
• -
-10 -
Wr. Pyle stated that after speaking with the attorney, he felt that
the problem was not with keeping it as a two-family dwelling, but
a question with the tenants be bas in the units. He stated that
whether the variance is granted or not it will still be a rental unit.
lie a~ain stated that be i~ willing to meet with the neighbors wh e n
problems aid arise.
BOAKD WE~~R S~YWOUR MOTIONED THAT IN CASE NO. 55-80
THAT THE CASE BE TABu;D UNTIL THE NOVEMBER 12, 1980,
REGULAR MEETIIm OF THE BOARD OF ADJUSTMENT AND APPEALS.
Board Member Kreiling seconded the motion.
All members cast their votes. 'i'be vote resulted as follows:
AYES: Dawson, Seymour, Kreiling, Brown
NAYS: Leonard, Gage, Hallagin
Chairman Brown stated that with four affirmative votes the motion to
table the variance was GRrufTED.
• • • • • •
\HLLIAM R. BENTON 4830 SOliTH LIPAN STREET CASE 56-80
ith(.,!UEST: The applicant is requesting a variance from the maximum
lot coverage of 25% to 27.7% for the purpose of erecting a three-car
garage. This is a variance of the Comprehensive Zoning Ordinance
Se c tion 2:.!.4-2 e. -Uaximum Lot Coverage.
Chairman Brown verified that proper posting and legal advertising
of this case had been given. The staff report was read and submitted
to record .
William R. tienton, owner of 4830 South Lipan Street, was sworn in for
testimony. Mr. Benton stated that the woodworking equipment is hobby
e quipment that his father had left to him. He stated that it is not
used for coarunercial use. Tne purpose of the garage is to move some of
ui::; ve hi c le::; off the street and a workshop area. lie stated that he
na::; had problems with vandalism. He stated that the woodworking equip-
ment consisted of a drill press, a planer and a table sa.w (nine (9)
in c n es )and tne rest are hand tools •
• •
I • •
(
•
•
• •
-11-
Boa rd Membe r Seymo ur stated that Mr , Bent on had n gle cted to p ut the
cov red patio ~n hi s plotplan . He stated that this wou ld change th e
figur s on the staff repo r t .
lr . Benton sta ted that h e was n ot aware that the cove red patio was to
b e inclu d e d in the lot coverage . He stated t hat the storage she d i n
tn e rear of the p r operty would be removed o nce the g arage was bu ilt .
He stated that h e is planning to store his boat and pick-up t ruck and
camper i n tile garage . Mr. Bento n submitted five (5) letters of
approval from his neighbors.
Boa rd Member Seymour r ef igure d the lot coverage. Th e figures should be 2~.8 ~ instead of 27.7 ~.
Th ere was no o ne present who wished to speak in favor or oppos ition
to the variance. Chairman Brown closed the Public Hearing.
BOARD MEMBER HALLAGIN MOTIONED THAT IN CASE NO. 56-80
WILLIAM R. BENTON, 4830 SOUTH LIPAN STREET, BE GRANTED
A VA RIANCE FROM THE MAXIMUM LOT COVERAGE OF 25% TO
2o.8% FOR THE PURPOSE OF ERECTING A THREE-CAR GARAGE.
THIS IS A VARIANC£ OF THE COMPREHENSIVE ZONING
ORDINANCE SECTION 22.4-2 e . -MAXIMUM LOT COVERAGE .
Board Member Gage s eco nded the motion .
All me mb e rs cast their votes . The vote resulted as follows:
AYES: Leonard, Gage, Hallagin, Dawson, Seymour,
Kre i ling, Brown
NA YS: None
Cha irman Br o wn s tated t hat with seven affirmative votes t he variance
was GHAJ:n ED .
FINDINGS OF FACT
Mr. Leona ra stated that this is a hardship with the applicant having
some vandalism . Th e variance will get the cars off the street and
provi de a work s hop fo r the applicant.
Mr . Gage stated there is a harde hip with the vandalism that has occurred.
He stated that h e submitted five (5) letters of approval from his
n e ignbor s .
Mr . Hallagin stated that he concurred with the reasons that had
previo usly been given.
•
I • •
•
•
• •
Mrti. Dawson stat d tnat the workshop ~ould n t be u sed for any
commercial activity and tile c ars w1.ll be off th st r et
-12-
lr . Seymour stat d th.lt th r e 1 s a hardsh1p wlth the \andalisrn th~t
has occurred. Five (5) let ers of approval w re ·ubmttt d from
his n 1ghbors .
Mr . Kreiling stated that th e r wer e fi ve (5) letters of approval and
the cond it ion s for granting a variance were me
lr . Brown stat d that that th ere 1s a need for the garag as prevtuus l y
stated by the other Board memb rs .
* .. * * * *
Discussion ensued with Leo Clark, Assistant City Attorn ey , 1n re ga r d
to the City Attorn ey 's position on L o's s rvices t o the Board .
* * * * * *
There being n o furt h er business befor t h e Board , Chairman Brown
a d jo urn e d th e October 8, 1 980 regular meeting o f the Board of
Adjust me nt and App ea l s at 1 0:30 p .m .
* * * * * *
Recording Sec r et a ry
I • •
•
•
• •
MI TES
COU G IL MEETI G
DENVER REG IONAL COUNCIL O F GOVERNMENTS
WEDNESDAY, OCTOBER 15, 1980
Present:
Ves ta Miller, C h airwoman
Fred C . Fisher, Vice-Chairman
Carl Winkler, Secretary-Treasurer
Betty Anderson
Alex Ariniello
Tena Bocciarelli
Sharon Carr
Roland Cole
Harold Cook
Thom as Eggert
George Garson
Ted Hackworth
Ed Ha rsh barger, Jr.
Be th Jenkin s
Betty Keena
City of Arvada
Greenwood Village
Douglas County
City of Edgewater
City of Lafayette
City of Sheridan
City of Lakewood
Commerce City
City and County of Denver
Arapahoe County
City of Glendale
City and County of Denver
Adams County
Cherry Hills Village
City of Englewood
5
Jack Kinstlinger
Ken Lewis
Colorado Department of Highways
City of Wheat Ridge
Rodney Sheffer
Ernest Shelton
Norman Smith
Fred Tapia
Timothy White
Also Present;
City of Westminster
Federal Heights
City of Broomfield
C i ty of Northglenn
Town of Castle Rock
Arvin Michel , Alternate , City of Lakewood ; Robert Foster, Member I Town
of Ca stle Ro ck; Gayle Quick, RTD; Thomas Q. Benson I DRCOG Attorney;
Ro bert D . Farley 1 Executive Director, DRCOG; David A. Pampu, Deputy
Executive Director, DRCOG; Judith R. White, Executive Secretary, DRCOG;
a n d various other members of the DRCOG staff.
C hairwoman Miller called the meeting to ord er at 7:35 p.m., roll was taken ,
and a quorum declared present .
Chairwoman Miller introduced Councilman Arvin Michel. DRCOG alternate
from the City of Lakewood, and Robert Foster, DRCOG member from the
Town of Castle Rock .
0
I •
(
•
Council Minutes
Page 2
Oct ober 15 , 1980
•
-
Minutes of Se pte mber 17 . 1980 Council M e eting
Council, upon motion by Mr. Cole, supported by Mr s . Carr ,
unanimously a pproved the Minutes of the Septe mber 17, 1980
Council meeting, as mailed.
Report of the Chairwoman
Chairwoman Miller announced that DRCOG has received a Pres idential
Energy Efficiency Award, along with Mountain Bell, Coors, and Roc kw e ll
International, for its rides hare and vanpooling efforts in the reg i on.
Briefing on TIP Process -C-4 70 Project Status and Funding Availability
Mr. May, DRCOG staff, offered an in-depth briefing to Council on the
Transportation Improvement Program (TIP), developed and adopted each
year by DRCOG to authorize all federally-funded transportation projects
expected to be implemented in the Denver and Boulder urbanized areas
over the next five years. The Regional Transportation District (RTD) and
the Colorado Department of Highways are also involved in the process,
reporting federal revenue estimates from various sources, which are then
reviewed by DRCOG to ascertain compatability with the Denver Metro
long-range and short-range Transportation Systems Management (TSM),
elderly and handicapped, and air quality implementation plans. After
DRCOG approval, the TIP is submitted to the Federal Highway Adminis-
tration (FHWA) through the Department of Highways and also to the Urban
Mass Transit Administration (UMTA). Because of variations in construction
costs and federal allocations, the TIP is updated through the DRCOG Trans-
portation Committee. Major changes to the TIP must be acted on by Counc il
in June and December of each year.
Mr. May went on to note funding availability projections for the upcoming
five-year period, as projected by the Colorado Department of Highways,
as well as an update on the C-470 status, indicating the Transportation
Committee is currently reviewing the financial and scheduling status of
projects being funded by th e Interstate Transfer Fund. Because of th e
downscoping of the I-4 70 project, a substantial amount of funds are
available for substitute projects, although current approved project funding
requests now outweight revenue availability by $30 to $48 million dollars .
This situation is further complicated by fluctuations in the national con-
struction cost index. The Transportation Committee will be evaluating
this s ituat1on over the next few months.
•
0
I • •
n
(
(
•
Council Minu es
Page 3
October 15, 1980
•
• -
Mr. Kins tlinger , Colorado Department of Highways Director, and Mr. May ,
DRCOG staff, addressed Council questions regarding c osts of acqui sition
and various other aspects of funding and right-of-way issues relating to
va ri ous highway and corridor projects contemplated in the region.
Bri efing on Local Planning Assistance
Mr. Howell, DRCOG staff, outlined the Local Planning Assistance Program,
indicatmg the program was established in 19 76 to provide on-line technical
assistance to member local governments, in response to locally-specified
needs and issues in areas of ordinance development, demographic analysis,
land use plannin g, economic ba se and site analysis, fiscal impact analysis,
tran s portation planning and capital improvement planning. The program's
primary objective has been to provide consultation and planning services to
communities with limited or no planning staff, although assistance has been
provided to larger communities in areas where DRCOG has had expertise.
Presentation on MPO Transportation Process -History and Agreements
Mr. Pampu, DRCOG staff, made an extensive presentation concerning
the transportation planning process including the history of transportation
pla nning in the region, the nature of the process and the various agree-
ments under which the process is carried out. Mr. Pampu emphasized
that und er fe deral regulations, the metropolitan planning organization is
the, "forum for cooperative decision making among principal elected
official s of local gov ernment." Throughout the history of the transportation
plannin g process, th e major issue has always been the extent of involve-
ment of local gove rnm e nt officials in the transportation decision making
process.
Report of the Execu tive Director
None
Othe r Ma tters by M embers
Mctyor Tim White of Castle Ro c k introduced fo r discussion and mo ved for
the adoption by C ouncil, a Resolution entitled, A Resolution to Affinn the
Opposition of the Denver Regional Council of Goveranments to the Fonn-
ation o f a Metropolitan Council. Said mo tion was supported by Mr. W i nkler.
After considera ble d1scussion,
•
I • •
•
•
•
,. •
Council Minutes
Page 4
October 15, 1980
Mrs. Keena, supported by Mrs. Carr, moved to postpone in-
definitely consideration of Mr. White's proposed Resol ution,
which motion was adopted by Council, Mr. Harshbarger , Mr .
Winkler and Mr. White casting dissenting votes.
Ms. Carr announced an Urban W a ter Conference to be held in Denver at
the Marriott Hotel on Octobe r 23 and 24, 1980, and urged Council members
who might be interested to attend this most informative conference relating
to water issues.
There being no further business to come before the meeting, Chairwoman
Miller declared the meeting adjourned at 9:40p.m.
Vesta Miller, Chairwoman
ATTEST:
Robert D. Farley, Executive Director
'• •
I • •
(
•
PRESENI':
ABSENI':
cmiERS
PRESENT:
•
•
,. •
OOARD OF CAREER SERVICE <XIfdiSSIOOERS
OClU3ER 16' 1980
MI~
Jo Ellen Turner , Edward Wbi te, Fbbert Brundage ,
Michael Schaffer, D:>nald Weber
None.
Mel BeVirt, Ehlployee Relations Director
Gerald Beeson , Fire Chief
* * * * * * *
5 c
Chairperson Weber called the meeting to order. Oommissioner White moved,
seconded by Oammissioner Turner, to approve the September 18, 1980 minutes.
AYFS:
NAYS :
ABSTAIN:
Turner, White, Brundage, Weber
None
Schaffer
* * * * * * *
ItEm 3 on the Agenda was the Ehlployee Associations' Ctx>ice. Mr. Ken lblland,
representing the Englewood Firefighter's Association asked to speak at a
later time during ItEmS 5 and 6. No other association representatives were
present.
* * * * * * *
ItEm 4 on the Agenda was the City Manager 's Choice . There was no represen-
tative present.
* * * * * * *
ItEm 5 on the Agenda was the Ehlployee Relations Director's Clloice. Mr. BeVirt
presented the Oommissioners with a grievance from D.O.E. Patrick McCoy.
hlr. BeVirt explained that the City's position was that the grievance was moot
and non-grievable fran the following reasons : 1) that in order for the Board
to consider a dispute concerning the interpretation or application of the 198~
1981 Contract, a specific violation must be given. In D.O.E. McOoy's grievance
no specific violation of the 1980-1981 Contract was given. 2) !·icOoy's
grievance stated that his light-duty assignment was inconsistant with past
p ractice of light-duty assignments. It is the City's position that there is no
provision in the 198~1981 Contract concerning light-duty assignments and there-
I • •
•
•
• -
!ore, there is no contract violation. 3) The City f l s that the r elief
requested by D.O.E. McCoy has previously been granted when h was r eass1gned
to full-duty on August 25, 1980, and 4) that t~ authority to assign fire-
fighter persoonel vests exclusively with the Fire Chi f as autoorized und r
the lilmicipal O:xie , Title II , Section 2 -1-3, and p vi ed within h 1980-1 1
Q>otract, page 1.
Mr. Ken lk>lland explained that D.O.E. McCoy was on vacation l eave rut that
he -.-ould present McCby's position. Mr. lk>lland explained that D .O.E . McCoy
had asked to be assigned light -duty due to a back injury and was assigned
to paint fire hydrants pulling a red wagon. Mr. Ho lland tated that it was
by unan:iloous vote of the association to pursue the grievance based on the
idea that McCoy was wearing a unifonn while perfonning this light-duty assign-
ment which they felt was a reflection on all of the firefighters and seaned
to be unprofessional and l:uni.liating. Mr . Holland asked that the S:>ard set
a bearing date to consider McCoy's test :inDny concerning this nat t e r .
<llairnan Weber asked Mr. Holland to explain why he felt this issue was grievable.
Mr. lk>lland explained that hearing the issue -.-ould detennine what light-duty
is.
Camrissioner Brundage stated that he agreed that the case is rooot and non-
grievable because the relief that D.O.E. McCoy requested has already been
granted and it -.-ould be in contrav ntion of present assignment. Coomissione r
Brundage IJX)Ved, seconded by Q:mnissioner Turner , to not hear the grievance
of D.O.E. McCoy concerning his request for reassignrrent .
AYES :
NAYS:
ABSTAIN:
Brundage, Turner, Weber
White
Schaffer
Mr. BeVirt stated that another itan for consideration by the S:>ard was con-
cerning the issue of the eligibility qualifications for the promotional
position of Driver/~erator/Engineer. 'Fire Chief Beeoon addressed the Board
concerning the problan arising fran the qualification requirements. Chief
Beeoon explained that he had originally requested that the Board reduce the
3 year requirement for examination eligibility to 1 year to provide enough
people to assure a competitive examination, He stated that the ,J.bard had
reduced the requirement to 2 years. He explained that presently he has four
D.O.E. positions vacant with another 2 positions possibly becaning vacant in
the near future. He stated that of the 11 eligible anployees, only 6 had
nade application to take the exam, Therefore, he again feels there is the
need to request the Board to lower the r equiranents to 1 year as o riginally
requested to assure a competitive exam.
After considerable discussion with Chief Beeson and manbers of t he Fir e-
fighte r s Association , it was the recommendation of the Board that t he
examination be given a t the 2 year eligibility requiranent and if the
exam does not result in e nough qualified people to fill t he positions,
the Board will the n conside r lowe r~ the requiranent to 1 year.
* * * * * * * I • •
(
•
•
•
,. •
Itan 6 oo the Agenda was the ChTmissioner's Ox>ice. 1he first !tan for
consideration was the reclassificatioo of the Deputy Cltief/Ba.ttalioo Clti.ef
position of the Fire Depa.rtrrent which had previously been tabled fran the
last meeting. Cllief Beesoo reviewed his recrnmenda.tion of eliminating
the Deputy Cltief positio n and incorporating that position into the Battalion
Cltief rank . In review , Olief Beeson stated that there ~uld be three staff
positi ons : Aaninistrati ve Otief , Fire Marshal and Training Coordinator which
were proposed to be paid an equivalent salary to that of the past Deputy Cllief
position. Cltief Beesoo explained that this reclassification ~uld allow him
the flexibility to fill those administrative positions taking into cansideratioo
the att>loyee' s needs, desires and abilities as well as meeting the needs of the Department and the City.
Otainmn Weber stated that the Ibard had been in r eceipt cf. the Association's
reccmnendatioos conce rning this reclassification.
After further discussion, O:mnissioner Brundage rootioned, seconded by ChTmissioner
Turner to approve the job description of Battalion Chief .
AYES :
NAYS :
ABSTAIN :
White, 'furner , Weber, Brundage
None
Schaffer
• • • • * • •
1he next itan for consideration under O:mnissioner's Ox>ice was the letter
of resignation fran O:mnissioner Schaffer as follows:
Mr. D;mald M. Weber, Cltainmn
and
Members of the Ibard of career Service O:mnissioners
Dear Fellow ChTmissioners:
It is with regret that I nust infonn you of my resignation effective
<X:tober 6, 1980, due to a change in residence outside the city limits of Engl~.
It has been an tx>nor and a pleasure to have served , if even for a stx>rt
time, with all of you on the career Service Board.
Sincerely,
Michael Schaffer
Cbmmissioner White rooved, seconded by Commissioner Brundage to regretfully
accept the resignation of Cbmmissioner Schaffer .
AYES : White, 'furner, Weber, Brundage
NAYS : None I • •
•
• . . •
Catmissioner Brundage added that it had been a pleasure 'M:>rking with Mike
Schaffer and wished him Jruch success in his future .
Cllainnan Weber thanked Cannissione r Schaff r fo r h i s service and presented
h1m with a letter of acceptance as follows :
Dear Mike :
~ behalf of tbe Engl~ Career Service Cbmtission , 1 wish to thank you
for having served the City the past seven roonths as a member of the Career
Service frmnission. Your efforts and contribution s to the Cannissio n during
this period are greatly appreciated . It is with regret that we accept your resignation.
We want to thank you for your past service and dedication to this O::mnission
and wish you well in your new endeavors.
Sincerely,
futald M. We ber, Chairpers:m
Career Service Ccmnission
• • • • • • •
Oammissioner Turner asked that the Board be given a letter of explanation
concerning the length of time involved in the eleetion process, so that
the Board could arrange their schedule accordingly.
Ccmnissioner Brundage discussed the City's Appeal of the John Blanchard
case. It was detennined that the O::mnissioners should discuss the matte r
further with their legal advisor, David Goocinan .
• • • • • ••
Item 7 on the Agenda was the Declaration of Vacancies. O::mnissioner Turner
rooved, seconded by Ccmnissioner Brundage to approve the Declaration of Vacancies.
AYES: White, Turner, Weber , Brundage
NAYS : None
• • • • • • •
Item 8 on the Agenda was the Approval of Eligibility Lists. Ccmnissioner Whit e
rooved, seconded by O::mnissioner Turner, to approve the Eligibility Lists.
AYES : White, 'furner, Weber, Brundage
NAYS: None
• • • • • • •
Item 9 on the Agenda was the Acceptance of the Personnel Payroll Actions.
Ccmnissioner Turner rooved, seconded by O::mnissioner Brundage to accept
the Personnel Payroll Actions.
AYES: White, Turner, Weber, Brundage
NAYS: None
• •
I • •
(
•
•
•
• . . •
Upon a rootioo by O:mnissioner 'IU.mer, seconded by Caunissioner Brundage,
Olai.nnan Weber adjourned the <ktober 16, 1980 regular meeting of the
Career Service Board at 8 :30 P.M.
A~: White, '1\lrner, Weber, Brundage
NAYS: bie
• • • • • ••
CZ2~~J?J-WJ----Ik>nald M. eber, Cllaiman ~;.)~
Valerie Christy;
Career Service lbard Career Service &lard
•
I • •
·to
•
•
.. -
ELIGIBILITY LIST:
Qmrunity Developnent Department : Clerical Technician(&Jilding)
1. Hayter, Kathy
2. Bybee. Sally
3. Walker, Elaine
4 . Brinkhaus , t«>rine
5. Wilkins, Threasa
6. Dietrich, Sandra
7. cardenas , Vivian
O:rrmmity Developnent Depar1ment : O:xle Enforcarent Officer (fuilding)
1. Barber, Mark
20 Spafford, Catherine
Fire Department: Captain (Praootional)
1o Garcilaso , John
Library: Ib:>klmbile Driver
1o lovelady, RaynDnd
20 Kottenstette, John
3. l:fam!Dnd. Garth
4o Brynoff, Steven
5o Cbllins, t.t>ira
6. Shertzer, Shirley
7. &ith. Randal
So Mattyssen, Jei'EI!Iiah
9o Schilling, Gary
10o Davis, Beth
11. lbward, Michael
------------------
Public Works Department : Equipnent ~rator II --streets
1. Faubion, Wayne
2 0 Renner, Mike
3 0 Hagan, Brad
Police Departm:mt : Lieutenant (Prcc!Dtional)
1o Larry Leydon
2 0 &mald Medford
3 o Kenneth l.eff
4o Joseph Helfer
5o George t.mson
• •
I • •
•
• .. -
ELIGIBIU'IY U~'TS Continued
Utilities Department : Ditch Rider
1 . Ludwig' lbbert
2 . Gerald, ~1
3. Herberg' Ebbert
4. Whitcam, Steve
5. Pattersoo, Glenn
----------·----------
I • • ((
• •
Hayter, Kathryn Ann
Lovelady, Rayroond
Ludwig . Dean lbbert
Matlock, ])tvi d
PIIEATICWARY TO
PERMANENr STA'lW
Burkett, Uiwrence
Olandler, Mary Beth
Manmen, Aurora Jean
Mead, ])trlene
Jeffers , Antoony
Tallent, James
Trenkle, lbSEIIl!U'y
ANNIVFltSARY INCREASE
Barron, Frank
Brantley, Karen
Caudill, Charles J
Christy , Valerie
Cloyd , Roger J.
Coy, Richard
Pli.zga, Joe
•
•
• . . •
Oammunity Development-Building Division ;
Clerical Technician, Grade 2, Effective 10-16-80.
Library, Bookmobile Driver ; Grade 3,
Effective 11-12-80
Ut ilities Department , Dit ch Rider ; Grade 3
Effective 11-3-80
Wastewater Treat:.Jren t Plant, Plant ~rato r A,
Grade 2 , Effective 10-16-80
Wastewater Tre atment Plant, Cll ief Plant ~rat o r
Grade 7 , Eff ective 8-1-80
Police Department , Police Of ficer 3rd Class ,
Ef f ective 10-1-80
Police Depart~rent, Support Service Techn ician ,
Grade 4 , Effective 11-1-80
Fire Department, Clerical Technician , Grade 2
Effective 11-1-80
Fire Depart:.Jrent , Firefighter 2st Class ,
Effective 11-16-80
Wastewater Treatment Plant , Chief Pl ant ~rator ,
Grade 7, Effective 8-1-80
Police Departlrent, Clerical Technician , Grade 2
Effective 11-1-80
Public Works Department-Streets, City Service
Worker II-Grade 2 , Effective 11-1-80
Finance Depart:.Jrent, Progranmer 1 Analyst , Grade 7 ,
Effective 10-1-80
Wastewater Treatment Plant , Chief Lab Analyst ,
Grade 7 , Effective 10-16-80
Employee Relations Department, Secretary, Grade 3
Effective 10-16-80
Police Department, Police Officer 2nd Class ,
Effective 11-1-80
Public Works Department-Streets, City Service
Worker II. Grade 2, Effective 11-16-80
Public Works, Traffic Engineer, Grade 11, Eff. 11-1-80
•
I • •
(
<C
•
ANNIVERSARY INCREASE(Cont .)
Dady, Lester
Osieczanek , Cyn t h ia
Pickrel, Randall
Tracy, Carolyn
Wilks , Linda
Coll ins, J o hn
P!UIOI'IONS
Burger , Daniel
Yo un g. Barbara
Silby, Dav id
~Iedfo rd , Ronald
Barber , Mark
RESIGNATIOO
Heckett , lbbett
Aultlmn , Virginia
Brunton , Dav id
Cheuvront, James
Timian, Les l i e
Hen d ers:>n, 'Ibanas
DISMISSAlS
Osieczanek , Cynthia
Papi , Stephen
•
• -
Public Wor ks Department, City Service Worke r I V
Grade 6, Effective 1(}-16-80
R>lice Ilepa.rt:rrett , Suppott Service Techn ician
Grade 4 , Effective 1{}-1-80
Fi re Department , Firefighter 2nd Class ,
Effective 11-1-80
Parks and Recreation Department,Recreation
Supervis:>r , Grade 8 , Effective 11-1-80
Parks and Recreation Department, Clerk Typist II ,
Grade 1 , Effective 11-1-80
R>lice Department, R>lice Officer 2nd , Eff. 11-1-80
R>lice Department , Sergeant ,Effective 1(}-16-80
O:mnunity Developnent, Associate Planner ,
Grade 8 , Effective 16 , 1980
R>lice Department, Sergeant, Effective 11-15-80
R>lice Department, Lieutenant, Effective 11-15-80
O:mn. Developnent , Code Enf. Off. Grade 7,
Effective 11-1-80
Public Works Department, F.quipnent ~rator II-
Grade 5, Effective 1(}-22-80
Wastewater Treatment Plant , City Service Worker II
Grade 2, Effective 1-33-80
Library, Assi stant to the Library Director , Grade 10
Effect i ve 10-31-80
Wastewater Treatment Plant, Mechanic( City Service
Worker IV) Grade 6 , Effective 11-12-80
Wastewater Treatment Plant, Electro-Mechanical
Technician, Grade 6, Effective 11-3-80
Public Works, City Serv, Wkr . II-<irade 2, Eff. 11-5-80
R>lice Department , Support Service Technician
Grade 4, Effective 11-7-80
Wastewater Treatment Plant, F.quipnent ~tor I
Grade 4, Effective 11-18-80
•
I • •
DISABILI'IY m:r!RFliENI'
Bittner, Lyman
FlEming, Olarles
•
• •
Camunity Developnent , O:xie Dlforcaneot
Officer, Grade 7, Effective 1~2-80
Utilities DeparUnent , City Service Worker III
Grade 4, Effective 1~2-80
---------------------------
• •
I • •
(
0
• •
(
•
•
• ..
ENGL EWOOD WATER AND SEWER BOA RD
Speci al Meetin g
Oc tober 28, 1980
5 D
The special meetin g was called to order at 5:03 p.m. by Chairman Gibson.
Members present : Gibson, Best, Feamster, Fitzpatrick, Otis, Ullery,
Giseburt
Members absent: Hi gday, Schnackenberg
Also present: Stewart H. Fonda, Director of Utilities and Meno Wilhelms
of Mission Viejo
I. REVISED WATER SUPPLY AGREEMENT WITH MISSION VIEJO
Mr. Fonda stated that the necessary changes were made in the Agreement
and reviewed the contract with the Board members. He stated that the
final hearing on the Ordinance for Mission Viejo would be discussed at
the Council meeting on November 3, 1980 and action should be made by the Board.
Mr. Giseburt moved;
Mr . Otis seconded: That Council approve the Water Supply
Agreement with Mission Viejo for the
lease of excess raw water from the
City of Englewood.
Ayes: Best, Feamster, Fitzpatrick, Gibson, Giseburt, Otis, Ullery
Nays: None
Absent : Higday, Schnackenberg
Motion carried.
II . TIME CHANGE FOR FUTURE MEETINGS
Mr . Giseburt proposed to change the meeting time for Water and Sewer
Board meetings from 5:00 to 5:15 p.m. He stated that he wanted the change
so he could always be on time for future meetings. There was discussion
among the members and they pointed out that the meetings did not always
start promptly at 5:00 p.m. and they hated to change the time as the three
I • •
--~
•
•
• -
-2-
Council members have meetings scheduled after the Water and Sewer Board
meeting from time to time and it might cause them to miss some portions
of future meetings. The Board agreed to keep the meeting time at 5:00
p.m. for future meetings.
III. NOVEMBER REGULAR MEETING
The regular meeting day was changed from the second Tuesday of the month
to Wednesday, November 12 as November 11 is a holiday.
Meeting adjourned at 6:00 p.m.
i?.~tt~.
Recording Secretary
j. •
)
I • •
(
•
•
..
ENGLEWOOD WATE~ AND SEWER BOARD
Regular Meeting
Nov emb er 12 , 19 80
he meeti ng was cal led t o or der at 5:0 5 p.m . by Chairma n Gib son.
M bers present: Gibs on, Be st , Feams t er, Fitzpatrick, Hi gday, Otis ,
Ul lery , Gis eburt
Members absent : Sch na ck enberg
5 0
Also pres ent : William Broo ks hire, Director Wastewater Treatment Plant,
Stewart H. Fonda, Director of Utilities and Kent Teall,
Southgate San i tation Di strict
I . WAS TEWATE R TREATMENT PLANT INQUIRIES
Mr. Brooksh ire stated that Englewood and Littleton had both signed the
design contract which will be funded by both cities for the enlargement
of the treatment plant. He also mentioned that the old plant would be
getting some replacement pumps and that the old plant would be on line by August 1, 1981.
Consideration is being given for a sludge injector for the Bi-City plant
but it is presently being studied by the engineer.
II . REQUEST FROM KENT TEALL SO UTHGATE SANITATION DISTRICT
Mr. Teal l s tated that a developer desires to build 17 structures (128 units)
whi ch wo uld each have a 1" wat er tap. Each unit will contain a kitchenette
and t he developer states t hat t here s hould be minimal water usage. Southgate
requ e sts that the number of sewe r taps be based upon water meter size instead
of th e multi-unit charge. Mr. Tea l l claims that the owner has a similar
oper at i on in another state and the District inspected operations there
and fo und that water us age wa s mi nimal . The reduction in taps would enable
t he Di stri ct to keep more of the i r sewer allocation .
There was discussion among the members as to the loss or revenue and the
mini mal water usage that the Distr i ct claims . The Board desired more time
and i nformat i on before consideration could be given on the request from Southgate San i tation District.
•
I • •
•
•
II I . CITY DITC H LICENSE AGR EEMENT
J.R. Develope r s r equ es t s permissi on t o cro ss the City Ditch fo r t he Ci ty
of Littleton in t he area near 6500 So uth Pri nce Street wi t h an 8" sa ni ta ry
sewer line. The sewer is to be f i ve fe et below the ditch l i ne .
Mrs . Ul l ery moved ;
Mr . Best seconded : To al low J.R. Developers to cros s
unde r the Ci ty Ditch near 6500
So uth Pri nce Street for the Ci t y
of Li ttleto n according to Ci t y
s pecif ic ations.
Ayes : Best, Feamster, f i tz patrick, Gibson, Giseburt, Hi gda y , Otis, Ullery
Nays: None
Absent: Schnackenberg
Motion carried.
IV. SUPPLEMENT 12 GREENBELT SANITARY SEWER DISTRICT
Vickers Petroleum requests permission to annex to Greenbelt Sanitation
District because of a problem created when new construction cut off their
septic system. The property is located in Greenwood Village and Greenwood
Village has indicated that if the property is annexed the sewer tap could be counted against their sewer allocation.
Mr. Giseburt moved;
Mrs. Ullery seconded: That Council approve Supplement 12
to Greenbelt Sanitation District.
Ayes: Best, Feamster, Fitzpatrick, Gibson, Giseburt, Higday, Otis Ullery
Nays: None
Absent: Schnackenberg
Motion carried.
I • •
(
(
(
•
•
•
-3-
V. SUPPLEMENT 82 SOUTHGATE SANI TATION DIST RICT
Mr. Fonda stated that Southgate requests permission to annex an area
containing 45.2 acres. The use of the property is vague and clarification
if needed from the developer. The Board agreed to not consider annexation
until further information is provided by the developer .
Meeting adjourned at 6:30 p.m.
Respectfully submitted,
~~
Recording Secretary
•
I • •
(
(
(
•
ENGLE
•
• •
MI NUTES OF
D HOUSI NG AU HO RI TY
MEETING
Oc tober 29, 1980
The r egular me eting of the En glewood Ho us i n g Authority wa s called to order b y
Vice-Cha i rman Betty Be ier at 5 :20P.M . a t the S imon Center, 3333 South Lincoln,
En g l e wood , Co l o r a do .
Ro ll Ca ll
Me mbers P resent: Betty Be ier, Vi ce-Chairman
Bev Brads haw
Me mbe r s Absent :
Others Prese n t:
Rev. Stan Fixter
Ci ndy Peter son
Thomas J. Burns , Chairman
Doro t hy A. Roman s , Ac t ing Direc tor of Community Development
Fran c es Buck Jonas , Ex e c utive Director -Housin g
Linda A. Knopinsk i , Associat e Ho u sing Coordinat o r
Tom Chandler, Nelson -Roth Developer
Ma x S aul, Con s ult i n g Architect
J im Keller, Executive Directo r, E.D.D.A.
Re c ordi ng Secretary
Reading a n d Approval of Minutes
The minutes o f the regular meeting of Se p tember 24, 1980 were cons idere d f o r
appro val . The following cha nges were made:
P age 1 -under "Reading a nd Appr oval o f Min u tes", c hange
"regula r meetin g" to "r e schedu led meeting".
P age 2 -last p a r agraph : change s entence t o r ead, "The
total per year for the cons o l i d ate d ACC f or 112
units is $302 ,602 .0 0 ." Also spell o ut ACC
(Annual Contribu t i ons Con tra ct).
Page 7-p a ragraph 1 under "P ubl ic Ho us ing": c han g e
senten ce to r ead, " .•. the Secreta ry o f HU D's ... ".
MOTION
PE V . FIXTER MOVED AND BEV BRADSHAW SECON DED THE MOTION TO ADO PT THE MI NUTES OF
TH E RES CHEDULED MEETING OF SEPTEMBER 2 4 , 1980 AS AMENDED . THE MOTION CARRIED
AS F OLLOWS :
AYES: BETTY BEIER
BEV BRADSHAW
REV. STAN FIXTER
CINDY PETERSON
NAYS: NONE
AB SENT: THOMAS J . BU RN S
•
I • •
•
•
• -
Mrs. Beier sta ted tha t we would dis c uss Item 5 on th Agenda whi ch per in d o
the Public Housing Proj ect s Tom Ch andler was present at the mee ~ng and had o
leave shortly.
Public Housing Project ~CO 49 -2 Update
Mr. Chandler stated that he spent a c ouple of hours a HUD today. He sta ed that
there are two problems: 1 ) the size of the unit or furnishability of each liv~ng
uni t . He said that the Region 9 special rules and regu lations state that elderly
housing is to be 525 square feet p lus or minus 5\. Mr . Chandler stated that the
units they are planning are 516 square feet wh ich Nelson-Roth felt was n arrowed
down to 5 .5 plus or minus 5\. He stated that today at HUD they foun d out tha
HUD is no longer following these guidelines. HUD is saying that the units are
too small.
Mr. Chandler stated that when they originally made their proposal they d Ld have
larger units. HUD and the EHA at hat time questioned Nelson-Roth 's price so
they came up with some ideas of what could be done to re duce the cost of the
project. One of the ideas was to make the units smaller. Mr. Chandler stated
that by making the units smaller they wou ld remove one entire floor from the
building they had proposed and t hereby save one-seventh approximately of the total
c ost of the project.
Mr. Ch andler stated that he really feels they have a project that will fit within
the budget. He stated that they have a negotiated gue s s bid from Brady Corporation
of approximately $3,495,000 which Nelson-Roth feels is high. Mr. Chandler stated
that when Nelson-Roth started with Brady Corporation they told them their price
was $37 per square foot. Now they are up to $45 per square foot. Thei r e xplanation
to the increase is inflation. Mr . Chandler stated that inflation has not been
this much between the time Nelson-Roth started negotiating with Brady Corporation
and now.
Mr. Chandler stated that Brady Corporation is still working
this project; however, this price must come down some way .
be worked out with Brady Corporation, the project will have
bid again.
with Nelson-Roth on
If t he price c anno t
to be put out to
Mr. Chandler stated that if at that time if Brady Corporation is right and the
price is higher because all the bids that come in are substantiated and HUD's
price is still low, we can go to HUD and show them the bids that substantiate
it and show them how much the proj ect will cost in actuality.
Mr. Chandler stated that the major problem now is that the units are 516 square
feet. HUD says it is unfurnishable because the units are so s mall. HUD says that
the living room is the part that is unfurnishable. Mr. Chandler explained what
HUD requires as far as furniture arrangement in the living room. Mr. Ch andler
feels that HUD is going to tcy to ge t the balconies eliminated from the units due
to unfurnishability and cost. Mr. Chandler felt that HUD was not going to give
in on this issue.
Mr. Chandler stated that another problem is that the option the Englewood Housing
Authority has on the elderly site runs out on January 25, 1981. Mr. Chandler
stated that this is a problem because they cannot be sitting around and arguing
about this furnishability issue. At the present time there is no way Nelson-Roth
can redesign the whole building as there is not enough time and if there has to
be another floor added, there is no way to come within the budget.
-2-
•
I • •
(
•
•
• ..
Mr. Chandler stated again that he feels HUD wants us to eliminate the balconies.
Mrs. Jon s sta ed tha the Eng lewood Fire Department insists on balconies on the
elderly highrise. Mr. Chandle r s ated that he was not aware of this requirement
of he Fire Department. Discussion ensued regarding placement of furniture in the
uni s to avoid eliminating the balconies.
Mr. Chandler stated that a no ther problem is that all the parking spaces are not
within 150 feet o f the entrance of the buildin~. HUD wa s adamant about this a t
first bu Art Tonelli at HUD told Mr. Chandler that he thought this could be
worked out. Mr . Chandler stated that he tried to explain to Mr. Tone lli that t here
are enough parking spaces for the building and the other spaces were to be used
for the senior citizen recreation center.
Mr. Chandler stated that their architect thinks that if everything is done he can
get the cha nges done in 60 days. Mr. Chandler stated that the problem they have
previously run into with making changes in the form of addendums is that HUD
generally did not process them until the drawings were done. Mr . Chandler stated
that he told HUD tha t what he would like to do is to get all the changes made by
addendum and then wh en they go to contract drawings j ust b e fore they go they will
give HUD a set of drawings that are clean with no addendums . Nelson-Roth would
like to do this because to redraw and reprint is very expensive.
Mr. Chandler stated that Leonard Dow, wh o is the architect at HUD who is reviewing
the drawings , flatly refused this idea. Mr. Chandler asked Mr. Dow if he would
give him a letter stating that these are the only changes that HUD is requiring
and tha t when these changes are made the plans will be approvable. Mr. Dow refused
to do this als o. Mr. Chandler stated t hat Art To nelli came to the meeting and
a greed with Mr. Ch andler to do the necessary changes the cheapest way possible.
Discussion ensued regarding this matte r.
Mr. Chandler stated that Nelson-Rot~ has the financing for this project through
CHFA (Colorado Housing Finance Authority). Mr. Chandler stated that the problem
of the squa re footage has been sittirg in HUD's office for approximately two weeks
wi th no a c tion on it. Mr. Chandler said that if the Board is satisfied with the
units as they are, they should express their opinion to HUD. Mrs. Beier and
Rev. Fixte r stated that they both would like to have the bal conies le ft o n the
apartments. Mrs. Peterson and Ms. Bradshaw also agreed that they would like the
balconies left on the apartments. Mrs. Jonas stated that there will be a meeting
tomorrow (October 30) at 2 :00 P.M. with Betty Tunnell from HUD at HUD's offices.
Mrs. Peterson expressed an interes t in attending this meeting. Mr. Saul and
Mrs. Romans are also to be in attendance at the meeting.
Mr. Saul s tated that he had a question referring to the separate disconnec switch
in the electrical panel. He stated that every apartment has a panel. We requested
that there be a disconnect switch , a main switch, inside that panel that would turn
off everything inside the unit. Nelson-Roth claims that they could save money by
not h aving the main switch in there but having all the little breakers and having
the main back at the electrical room. Mr. Saul stated that the reason he hesitates
on this is t hat this might be a requirement of the City electrical inspector.
Mr. Chandler stated that there is a letter from Chalres Cox's office pertaining to
the electrical pane l. Mr. Saul sta ted ·that the letter discussed the difference in
dollar amount per panel . They were saying that we could save by not having that
disconnect switch in the uni t panel. Mr. Saul stated that the Fire Department's
requirement is to have the switches turned off on the floor. They want to get up
to a floor, go into a main panel and shut down the electrical when necessary.
Th erefore it has to be a horizontal turnoff. Discussion ensued regarding this issue .
•
0
I • •
0
• •
•
•
• ..
Mr. Chandler stated that HUD wants to meet with the Housing Authority and then
meet again with Nelson-Roth next week to discuss solutions to these problems.
Mr. Chandler stated that another problem he has that he spoke about with Kirk
Wickersham, the Housing Authority's attorney, is the matter of extending the
option that the EHA has on the elderly site. Mr. Chandler stated that this matter
should be investigated by the Housing Authority.
Mr. Chandler stated that Nelson-Roth is in the process of getting the family units
together. The first thing to be done is the soils tests and surveys of the sites
and these are to be done shortly. Mr. Chandler asked about the DRCOG funds the
EHA applied far. Mrs. Romans atated that if we get the funding it will not be
until February. Mr. Chandler asked if Mrs. Jonas had talked with Bill McCleary,
who is a realtor, about the options on the family sites. Mrs. Jonas stated that
she hasn't talked to him for awhile. She stated that she has received a number of
calls from people who have options on their properties telling her that their
options are going to be up the first of November and asking if the project is still
going. Mrs. Jonas has been telling them that the pro ject is still going and to
please hang on and extend their options. Mr. Chandler stated that he spoke with
Bill McCleary and asked him to try and get these people to renew their options.
Mr. Chandler stated that he understands that the EHA is going to put together the
development program tomorrow. Mrs. Jonas stated that we are going to put together
as much of it as we can without Nelson-Rot h's price. Discussion ensued regarding
this matter.
Mr. Chandler stated that he hopes everyone is satisfied with what they have done
to this date on this project as they have tried to do everything necessary to get
the project going. Mr. Chandler left the meeting at 6:15 P.M.
Mrs. Jonas presented a new flow chart for the next phase of the Public Housing ProjL -·
Section 8 Existing Report
Mrs. Knopinski discussed the Section 8 Existing budget (Estimate of Total Required
Annual Contributions). She reviewed the line items of the budget. Discussion ensued
regarding this budget.
M~IOO
BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO AUTHORIZE FRANCES BUCK
JONAS TO SIGN THE ESTIMATE OF ~AL REQUIRED ANNUAL CONTRIBUTIONS FOR THE SECTION 8
EXISTING PROGRAM. THE M~ION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BETTY BEIER
BEV BRADSHAW
REV. STAN FIXTER
CINDY PETERSON
NONE
THOMAS J. BURNS
Mrs. Knopinski left the meeting at 6:30 P.M. There was a short break for dinner.
Section 8 Existing Report (continued)
Mrs. Jonas stated that every two years we are required to do an audit of the Section 8
Existing Program. It is time again to do this audit; therefore, we have to send out
-4-
•
I • •
(
(
•
•
• ..
bids and specifications and copies of HUD's proposal to enough CP A's so that we
can be sure and get three bids back. Mrs. Jonas stated that she spoke with John
Lowry , Assis ant Director of Finance, and he said he thought we should send out
at least seven invita i ons to bid in order to get three back. Mr. Lowry has some
names that he would like to recommend. Mrs. Jonas went over the list of CPA 's
that HUD says have done Section 8 HUD audits. The list of CPA 's was then discussed.
Mrs. Jonas asked if anyone had any names of auditors that they would lik e to add
to the list. No one had any names to suggest.
Mrs . Jonas stated that we will be sending invitations out the fi r s t part o f
November and expect to get t hem back the mi d dle of Dec e mbe r . Th e n they wi ll go
to HUD as they have to approve the proposal fo r t he low b i d . The company that is
app r oved is supposed to get the job done wi t hin t he firs t quarter of next year ,
but us u ally takes longe r .
Mrs. Jonas h anded out c opies o f the r e v ise d budge t f or 1980 for the Annual Co n t r i-
bution s Co ntract (A CC) whi ch i nc ludes t h e ten new units of Se cti on 8 Exi sti ng.
Public Ho u sing Pro j ect *co 4 8 -2 Update (continued )
Mrs . J onas d iscus s e d t h e n e w f low c hart f o r the project as far as where we are now,
whe r e we a re going and what we have to do to get there. Mrs. Jonas stated that
once th e Co n tract of Sale Confe rence is held with Nelson-Roth and the Contract of
Sale is e xecuted then they go to CHFA for the review of plans and specifications
a nd t he CHFA c o n struc t ion l o an is approved. Nelson-Roth has been told that they
have t h i s mon e y and that CHFA i s h o ldi ng it for the approval. Mrs. Jonas stated
that Bi ll Mon t e z t o ld her that Nelson-Roth pledges the Contract of Sale as security )
f or t he construction loan . Then if the devel0per defaults and cannot finish the
project f o r any r e ason, CHFA takes over and acts as developer and finishes the proj ect .
Mrs. J ona s s t ate d that afte r the Contrac t of Sale we have to annownce the award of
t h e Contract o f Sale and it has to be published in the same papers in which we
published the bi d s fo r deve loper . Al s o at this time we have to get the elderly
site option tra nsfe rred to t he deve lope r. Mrs . Jonas stated that Betty Tunnell
from HUD say s t hat t h e best wa y to work i t is to transfer the site option to the
developer and t h en t h ey go ahe a d and c lose on the site. Mrs. Jonas stated that
this afternoon t h e staff was d is cus s ing with Kirk Wickersham, attorne y for the EHA,
whether we want to keep con trol o f t he e lderly site or let that site control go
to Nelson-Roth . Mr s. Jonas stated that we would l i ke to keep c ontrol of the site.
Mr s . J onas stated that the staff will con tinue to work on this matter.
Mrs . Jonas discu ssed the l etter from DRCOG sta t ing what c omments HUD had to make
o n our grant appl i cat ion f or the $94 ,000 to purchase four family sites. The specific
conce rns rai sed by HUD are:
1) En gle woo d must s ubmi t a new Ho u sing As s i stance P lan (HAP). Mrs. Jonas
sta t ed that we kne w this becaus e s ince it is not going to be 1980 money
our 1 980 HAP won't be any good, so it has to be a 1981 HAP . We have
to do this anyway i n case we g et asked to do a final application for
1981 CDBG funds.
2) The main concern i s Ce n s us Tract 54.0 3, which is northwest, has a
substantial number of minor i ty families residing in the area. Therefore
HUD requests that Englewood sele c t an alternative census tract pursuant
t o 5 70 .404(c ) and the AHOP objectives. HUD may place a condition
upon this grant to prohibit expenditure of CDBG funds for land acqui-
s i t i on prior to p r e -approval of sites.
-5-
•
I • •
•
•
-
Mrs. Jonas stated that we have en ative approval of he sites from HUD and they
mention th e fact that it is an i mp acted census tract. HUD said previously that
this was okay but not to do this next tim . Mitzi Ba rker from DRC OG told
Mrs. Jonas not to worry about this. We jus h ave o make a c ase and put down
that there is a high number of low income and minori ies and yet there is no low
income housing provided in the area; there is employment opportunity in that area;
there are limited sites available in the rest of the Ci y; it is right a cross the
street from the park; and after a thorough site review there were eight si es
chosen and five of those sites were in census tract 5 4.03 . Mr s . Barker told
Mrs. Jonas that if we can make a c ase for the fact that the area of the census
tract that the site is in is not impacted , even though the census tract as a wh ole
is impacted , we are okay. A letter has to be sent to HUD stating these issues .
Another thing we have to do is begin doing our environmen tal review re c ord so that
when the funds are available we can draw them down immediately.
3) Englewood must describe the specifi c affirmative outreach efforts
that wil l be undertaken to e ncourage minorities and female-headed
households to parti cipate in the program.
Reformulation of Project *CO 4 8 -2
Mrs. Jonas stated that HUD gave us a reformulation on the elderly project with the
entire $3,747,450.00 . Mrs. Jonas stated that one of the t h ings that concerns her
is that HUD didn't change the date; it still states that a development program
that is approvable by HUD must be submitted by Septembe r 30, 19 80 and we received
the letter October 17, 1980. Mrs. Jonas stated that HUD gave the EHA an additional
$503,095.00 for the separate project for the ten units and they have given us
until February 28, 1981 to submit an approvable developmen t program. Mrs. Jonas
stated that she will check on the date of September 30, 1980 with Betty Tunnell
at HUD.
Mrs. Jonas stated that the pro ject number on the reformulation letter looks like
a Section 8 number. She is going to check on this matter with HUD .
Simon Center Report
Mrs. Jonas stated that Bill and Cindy Banacki were the first choice of the review
board for the resident manager position. The board consisted of Betty Beier,
Cindy Peterson and Mrs. Jonas. They interviewed eight couples and individuals
altogether for this position. Mrs. Jonas stated that Mr . and Mrs. Banac ki are in
their SO's; he worked for a number of years for a New Jersey Housing Authority
as the maintenance person and worked up to a maintenance supervisor. Mr. Banac ki
understands Housing Authorities that are mu c h larger than ours . When they came
to Colorado they started managing mobile home parks. They have managed two elde rly
mobile home parks. Then they took on a job in Broomfield of a problem mobile home
park that had room for 600 mobile homes -there were 15 0 there at the time -and
there were no records or policies kept prior to their arrival. There were t een age
riots, drugs, shootings, among other problems, at the mobile home park. The
Banacki's took this job as a big challenge . They enforced a lot of stric t rules
and regulations on policies of the park and managed to ge t the park turned around
in two years. There is no longer a problem at the p ark and the re are now 600
sites r ented up again; it became a showplace for mobile home park management.
Mrs. Jonas stated that that the board decided that a lot of the same kinds of ski lls
that are used in mobile home management would be useful for the Simon Cente r.
Mrs. Jonas stated that the Banacki's are very honest, straight-forward, down-to-
earth people and they love elderly people. This is why they quit the mobile home
park job as they wanted to work with elderly people again. Mrs. Jonas stated that
-6-
•
I • •
(
•
•
..
the EHA staff has already had a couple of staff meetings with them and they have
some good ideas on policies, procedures and how to handle tenant complaints. A
written policy on submitting complaints is going to be drawn up shortly.
Mr s. Jonas discussed the contract for the resident managers. She stated that the
managers will be on probation for six months. Mrs. Jonas discussed Item *4
of the Manager Contrac pertaining to the terms of this agreement and the require-
ments for getting the next available apartment when they terminate their position
after serving t wo or more years in the capacity of Resident Manager. Di s cus s ion
ensued regarding this contract for the Resident Manager Couple.
Mrs. Peterson asked if there was any possibility of locking the thermostats in
the Simon Ce nter. Mrs. Jonas stated that the thermos tats are locked. She stated
that you have to have the key to open it to get i n to bypass the automatic system.
Mrs. Jonas stated hat the thermostats in the individual units are locked in since
the re are three units on one thermostat.
Mrs. Jonas stated that the solution the staff has come up with for this winter
about the complaints from tenants about not being able to control the heat in the
units is that Mr. Mares, Maintenance Man, is going to get all three parties
concerned together that share one thermostat and they will come to an agreement on
which setting to have the thermostat on. Then Mr. Mares will lock the thermostat
in to that setting.
Mr. Saul stated that he has found information o n a non-electri c thermostat. It
is an old device that has been used on numerous old radiators. He stated that the
thermostat can be put directly on the baseboard. Mr. Saul stated that this would
not be a costly i tem nor a costly remodeling job. He is to pursue this issue and
report back to the Board.
Mrs. Jonas discussed the salary schedules for the Banacki's and the benefits they
will be receiving . Mrs. Jonas stated that the Banacki's will get a cash equi valent
for the benefi ts. The cash equivalent is what it would cost City employees to
receiv e these benefits.
Mrs. Jonas stated that s he called and talked to a representative of the Institute
of Real Estate Management and discussed salaries with them. This Institute felt
that Englewood was offering a good salary to get good quality managers. Mrs. Jonas
stated that the Banacki's are taki ng a cut in pay with this job, but they have a
lot less responsibility than their last job wh ich is what they were looking for.
Re v. Fix ter stated that he wa n ted to make a suggestion on Item *5 on the Resident
Manager benefits regarding funeral leave. He stated that he thought that it should
be added that if a member of the Simon Center d ied , the managers should have the
privilege of attending the funeral. He stated that this should not have to be
taken as annual leave.
Mrs. Peterson a sked if the manage rs would get three weeks vacation or two.
Mrs . Jonas stated that they will receive three weeks vacation as this will be
equivalent to what the City provides for its employees.
Mrs. Jonas is to make an addendum by memorandum to the fringe benefit policy about
the managers attending the fun erals of Simon Center residents. Mrs. Romans stated
that one of the things the former managers were concerned about was they they
never got a holi day off on the actual day. Arrangements need to be made ahead of
time b etween the assistnat managers and the managers to get certain holidays off.
Discussion ensued.
-7-
•
I • •
•
•
-
Mrs. Jonas s ated that she r ceive d a med1cal s atemen from he Banack1's medical
doc or s ating that they both were in good heal h . She sa1d that she also received
glowing references from a number of people who hav worked w1th he Ban ckis in
their various j obs. It was reported that they are very hard workers and very
effective. Mrs. Jonas stated that the Banackis will begin doing all o f the paper-
work as far as taking applications, doing cer ifica ions and recertifications a nd
they are anx ious to begin doing this.
MOTION
CINDY PETE RS ON MOVED AN D BEV BRA DS HAW SECONDED THE MOTI ON TO AUT HORIZE THE VI CE -
CHAI RMAN , BETTY BEIER, IN THE AB SE NCE OF THE CHAI RMA N, THOMAS J. BURN S , TO SIGN
TH IS EMP LO YMENT AGRE EMENT BETWE EN WILLIAM AND CYNTHIA BA NACK I AND THE ENGLEWOOD
HOUSING AUTHORITY. THE MOT ION CARRIED AS FOLLOWS :
AY ES:
NAY S :
AB SENT :
BETTY BEI ER
BEV BRADS HAW
REV . STAN F IXT ER
CINDY PETERSON
NONE
THOMA S J. BURNS
Written Procedures Manual for Simon Ce nter
Mrs. Jonas stated that there has bee n noth ing organized on this writte n p r ocedur es
manual for the Simon Center as yet. The staff will start drafting written p r ocedures
and policies and they will be brought to the Board for their approval.
Drainage Problem at Simon Center
Mrs. Jonas stated tha t there was a me eting a t t he S i mo n Ce nte r thi s afte rnoon wi th
Mr. Saul, Kirk Wickersham, Bud Brady of Brady Corporation, Sol Vigi l who wa s working
for the plumbing subcontractor at the time of installati on, Ri c k Kahm, Doro thy
Romans, the City Plumbing Inspec tor -Foster Wi lls, Al VanDemark and maintena n c e
p eop le attended the meeting. Mrs. Jonas stated that we h ad r eceived t he a lte r na tives
of solving the problem of the backup of the laundries. Mr. Coffey of Copper
I ndustries gave us five alternatives and we had chose n t h e alternative of a s eparate
stack t o serve the laundries.
Mr . Saul stated that he researched the p r ob l e m a nd f e l t t h at i t wa s a ppr o priate f o r
his f irm to mak e a statement of the ir opi nion whe r e they t hought the r espon s ibility
l i es si n ce they now know more of the fa c ts after the i n ve s t i gation o f the situation
He stated that his firm reviewe d the o riginal drawi ng s of the Sovent sys t em a n d
found that the original drawing confirmed what they thought wh ich was that the r e
was a whole separate laundry drainage system.
Mr . Saul stated that during the process o f approvals of mate rials before t he
buildi ng was under construction, they received a request by Louis Cook who submitted
t hrough Brady Corporation a request to use this Sovent system. It had the approval
of t he Building Department so they requested this system in lieu of the cast iron
s ys tem. Mr. Sual's e ngineer also said it was okay. Therefore, Mr. Saul's firm
approved the system as a material change. Mr . Saul stated that apparently what
happe ned was that Mr. Coffey was called in and did a shop drawing showing how he
c ould convert the straight cast iron system into his Sovent system. Somewhere
down the line they d id not include the laundry connection where it was adjac ent
to that unit.
-8-
•
I • •
(
•
•
• -
Mr. Saul stat d that his no es lso show d that they inspec ted the buildl.ng
during he cons ruction and a on inspection they noticed there was no 1 undry
conne c tl.on. H stated that his office wrote a me mo sta t ing tha there was no
laundry and the plumbing contrac or proceeded to put the laundries in. Mr. Saul
stated that by adding the laundr ies to the Sovent s y s t e m's nearest stack, pparen ly
a lot of echnical reasons are cont r ibuting t o the s ud sing a n d b a c kup .
Mr. Saul stated that he felt this problem was Brady Corpor a ion's respon sibility
fi rst , and secondly it wo u ld b e Cook Plumbing's responsibi l i ty. After Mr. Sau l
b r o ught the ma tter t o Mr . Bra dy 's attention, Mr. Brady agreed there was a s e n se
o f responsibilit y o n h is firm's p art. Cook Plumbing agreed to go along wi t h
wha teve r Mr. Coffey re c ommended. Mr. Saul stated that another meeting with Brady
Co rporation, Cook Plumbing and Mr. Coffey will be held to discuss alternative
t hree whi ch Mr. Cof f ey s ug ge s t e d o f having anothe r separate drain line for the
laun d ry.
Mrs . Rom ans suggested taking some pictures of the backup in tenants' sinks as
eviden ce o f thi s p roble m. Mr. Saul stated that Mr . Coffey was very helpful in
g athe ring info rmat ion that pertains to this problem and work ing with us to solve it .
Mr. Saul stated that we first have to get Brady Corporation to agree to resolve
t h is problem and then find out when they c an resolve it. Mrs. Romans stated that
it is ne c es sary t o give Br ady Corporation this chance to resolve the problem, but
i f they don't we wi ll do what our atto rney, Kirk Wickersham, suggested and that
is to send a l e tter to Mr. Brady stating that this is their problem and we want
i t s o lve d b y a certain date. Discussion ensued regarding this matter. It was
announ ced that there would be a meeting Thursday, October 30th, at HUD at 2:00 P.M.
to discuss the public housing design.
19 81 CDBG Preapplication
Mrs . Jonas s tated t hat this year the City of Englewood has signed a contract with
International Systems, I nc . in Atlanta to get information on the kinds of programs
we can apply for . International Systems, Inc. sent out a representative, Melanie
Rees, who is in the process of working on the 1981 CDBG Preapplication for the
Rehabilitation Program.
Mrs . Jonas state d that the EHA had their first Public Hearing on the CDBG grant
that we are a p plying for on Monday , October 27th, and no one attended to voice
t h e ir opinion. Mrs. Jonas stated that the maximum amount we can ask for on the
CDB G grant is $40 0 ,000. City Co uncil is giving us $100,000 to apply to the
Rehab Prog ram.
Mrs. J onas stated that during the analysis of the rehabilitation funds we found
that we h ave not spent and committed as much money out of the 1979 grant as HUD
wo uld l ike u s to. This i s a two-year grant and we have spent 49.3% and have about
60% committed. HUD wanted 50% spent and 75% committed and it hasn't been done
bec ause the State money all had to be spent the first year. The HUD money was
s aved for the second year. Mrs. Jonas stated that there is some concern about
whether HUD even wants to approve us or not. Mrs. Jonas stated that she heard
today that some of the other Housing Authorities in the area have the same problem.
This is a competitive grant; eleven cities in the metro area are competing for four
or five grants.
Mrs. Jonas stated that there is one change that we are putting in the application
this year. She stated that we haven't had the kind of neighborhood impact HUD is
looking for in one particular neighborhood. We also are not reaching the very low
i n c ome and some of the elderly who cannot afford to make a very small payment on a
-9-
•
I • •
•
•
• -
....
subsidized loan and they do not want to sign a deed of trust because when th y
pass away they want to leave the property to their children and not have an out-
standing debt. Mr s. Jonas stated that he staff has determined after four years
on this grant of a revolving loan only program, staff recommends using part of
this money for a grant program . Mrs. Jonas stated that the EHA hope s to do 36
grants; and to make more impact it ha s to be targeted. Staff chose the targe
area in northwest Englewood as the target area for the 1981 CDBG gran t . The
subsidized loans will still be available for all the target areas like they are now.
Mrs. Jonas stated that there will be a Public Hearing before the City Counci l on
Monday, November Jrd. Mrs. Bradshaw stated that the $100,000 the City is giving
to the EHA for the rehabilitation program is in the Public Improvement Fund (P.I.F .).
The main source of this money is revenue sharing which may get cancelled soon.
Discussion ensued regarding the date of the next Housing Authori ty meeting. The
regular meeting is scheduled to be held November 26th, the day before Thanksgi ving .
Discussion ensued regarding_ changing this date.
MOTI ON
REV. STAN FIXTER MOVED AND CINDY PETERSON SECONDED THE MOTION TO HAVE THE NOVEMBER
HOUSING AUTHORITY MEETING RESCHEDULED TO NOVEMBER 19TH INSTEAD OF NOVEMBER 26TH.
THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS:
ABSENT:
BETTY BEIER
BEV BRADSHAW
REV. STAN FIXTER
CINDY PETERSON
NONE
THOMAS J. BURNS
Mrs. Beier stated that it would be nice to invite the Banackis, new resident
managers of Simon Center, to have dinner with us on November 19th so they can meet the Commissioners.
Mrs. Beier stated that she will not be able to attend the meeting on November 19th
as she will be out of town. Mrs. Jonas stated that she will ask Mr. Burns when
he returns from vacation what his schedule is like and decide on the best time
to schedule the next Housing Authority meeting.
There being nothing further to discuss, Mrs. Peterson moved and Bev Bradshaw seconded
the motion to adjourn the meeting at 9:00 P.M. The motion carried unanimously.
-10-
•
I • •
(
c
•
•
• -
The Englewood Housing Authority Minutes of the r gular me~t1ng of October 29 , 1980
were officially approv ed by the Comnriss1oners on November 19, 1980.
) .
t "" ,' I ~ •
Franc es Buck Jonas
Executi ve Director
Englewood Housing Authority
I
I
•
I • •
. '
•
• •
LIQUOR LICENSE AUTH ORIT
MINUTES
November 5, 19BO s
Th e meeting was called to order at 7:30 p.m. by Acting Chairperson, Donald Styes.
Member s Pr esent: Frances Cosby, Ronald Blanchard, Ronal d Lunders, Donald Styes Lloyd Bryan
Members Absent: None
A 1 so Present : · Eric Johannisson, Revenue Chief
Ri ck DeWitt, Acting City Attorney
Brenda Jarrett, Recording Secretary
* * * * * * •
r~. BRYAN MOVED, AND MS. COSBY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 28, 1980 .
AYES: Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes Lloyd Bryan
NAYS: None
The motion carried.
* * * * • * •
Mr. Max Scott of Oedipus, Inc. spoke to the Authority regarding methods used by
hi s company in petitioning for licensing authorities. He showed the different
typ es of petitions that could be used and answered questions concerning their con tent.
* * * * * * *
The Board received the following applications for liq~or license renewals:
1. Sup reme Liquors
5112 S. Broadway
Retail Liquor Store
expires 12/31/80
2. VFW Post 322
3860 S. Jason
Club
expires 12/31/80
3. Bar Harbor
3484 S. Broadway
Tavern
4. Belleview Bowl 0 Mat Lounge
4900 S. Federal
Tavern -extended hours
expires 12/31/80
5. John W's, Inc. dba
The Dart Board
3467 S. Broadway
Tavern -extended hours
expires 12/31/80
( expires 12/31/80
• •
I • •
·---J
page 2 -
November 5, 1980
6. King Soopers
5050 S. Federal
3.2 Beer -off premises
expires 1/25/81
7. BPOE Lodge No. 2122
3690 S. Jason
Club
expires 12/31/80
8. Glass Bottle Liquors
336 W. Hampden
Retail Liquor Store
expires 12/31/80
•
• •
9. Ham pde n West
35 17 S. Elati
Hotel/Re s taura nt
expire s 12/31 /80
10. Knights of Columbus
3800 S. Windermer e
Ci ub
expires 12/31/80
11. M.D. Pharmacy
2895 S. Broadway
Liquor Licensed Drug Store
expires 12/31/80
Rick DeWitt, Acting City Attorney, told the Authority that the Dart Board curren t ly
is appealing in District Court the five day suspension of their license issued by
the City of Englewood for previous violations. If the Court approves the suspension, another five days will have to be set.
MS. COSBY MOVED, AND MR. BLANCHARD SECONDED, TO APPROVE RENEWAL OF THE LIQUOR
LICENSE FOR THE DART BOARD, SUBJECT TO THE DECISION OF THE DISTRICT COURT, AND WITH A REVIEW SET FOR THE WEEK OF JUNE 1, 1981.
AYES: Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan
NAYS: None
The motion carried.
MR. STYES MOVED, AND MR. LUNDERS SECONDED, TO APPROVE RENEWAL OF THE LIQUOR LICENSES
FOR SUPREME LIQUORS, VFW POST 322, BAR HARBOR, BELLEVIEW BOWL 0 MAT LOUNGE,
KING SOOPERS, GLASS BOTTLE LIQUORS, HAMPDEN WEST, KNIGHTS OF COLUMBUS AND M.D. PHARMACY.
AYES: Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes lloyd Bryan
NAYS: None
The motion carried.
MR. BLANCHARD MOVED, AND MR. BRYAN SECONDED, TO APPROVE RENEWAL OF THE LIQUOR LICENSE FOR BPOE LODGE NO. 2122.
AYES: Ronald Blanchard, Donald Styes, lloyd Bryan
NAYS: None
ABSTAIN: Frances Cosby, Ronald Lunders
The motion carried.
• •
D
I . •
(
•
•
• •
page 3 -
ovember 5, 1gao
• • • • • • •
Mr . Johannisson told the Board that an applicat ion for El Tepehu an, 345 7 S. Broadway, has been withdrawn .
• • • • • • •
MR. BRYAN MOVED, AND MR. BLANCHARD SECONDED, THAT DONALD STYES BE HADE CHAIRPERSON OF THE LIQUOR LICENSE AUTHORITY FOR ONE YEAR.
AYES : Frances Cosby, Ronald Blanchard, Ronald Lunders, Lloyd Bryan
NAYS : None
ABSTAIN: Donald Styes
The motion carried.
• • * * * • *
There being no further business to discuss, the meeting was adjourned at 9:50 p.m.
~ ~ 1 _;?~ . -t:Z. RNDA J. TA EtT?J!t.
Recording Secretary
/bj
•
•
I • •
•
-
CITY OF ENGLEWOO D PLANNING AND ZO. IKG COMMISS ION
OVEMBER S , 1980
I . CALL TO ORDER.
The r~gula r meeting of the City Planning and Zoning Commission was called
to ord r dt 7:00 P. M. by Chairman J udith B. Pierson .
~ mb rs present: Senti, Pierson, McBrayer , Carson , Barbr , Wil liams,
Tanguma
Romans, Ex-offi cio
Members absent: Drap r, Becker
Also present: Associate Plann er Ba r bara Young
II . APPROVAL OF MINUTES .
Chairman Pierson stated t ha t the Minutes of Oc tober 21 , 1980 , were to be
con sidered fo r app r ov al .
~lcBrayer moved:
Carson seconded: The Minute s of Oc t ober 21 , 1980, be app r oved as written.
AYES: Tanguma, Senti , Pierson, McBrayer, Ca r son, Ba rbre
NAYS: one
ABSTAIN: Wil l iams
ABSENT: Draper , Becker
The motion carried .
III . BICYCLE TRAIL REPORT CASE 11 32-80
Mrs . Romans s t a t ed that the meet ing was planned a s an informal work session,
and that there is not a detai led st aff r epo rt on the proposed bicycle trail
system. Mrs . Ro man s reviewed the backg round and previous at tempts to in-
stitute a bicycle tra il system i n Eng l ewo od, noting that the preliminary
report before t he Commis sion at this t ime is a n up -date of a 1974 repo rt.
Mrs . Romans stated t hat if the Co mm i ss ion felt the matt er of bicycle trails
should be pursued , this preliminary r e port could be used a s the basis for
a more in-dep th study and r eport. Mr s . Roman s stated that this preliminary
report pr oposes the completion of a bic ycle tra i l system using city streets,
ditch easements , etc ., t o tie in with the Regional Bicycle Transportation
Plan proposed by t he Denver Regional Co uncil of Governments. Mrs. Romans
s t ated that thi s r egional plan would r esult in a network of bicycle trails
extending beyond the metro area. Mr s. Romans stated that there are some
people who use bicycles fo r transpor tation on a state-wide basis.
•
I • •
•
•
-
-2-
Mrs. Roman stated t hat it has b en ugge s t e d tha t the pr oposed b i c yc l e
lane system that would make u e o f city s tr t s would be on So u t h Sherman
Street for the major north/sout h route. East/we5t rou t es would mak use
of Eastman Av enue, Mansfield Av e nue, St anford Av enue and Be l lev i w Av enu
Mrs. Romans stated that t h e s taff wou ld like t o k now i f t h Commission
wants to proceed with the propo s e d bicy c l<.! trail sys t em . Sh e no t e d t ha t
there was a Pub lic Hearing h ld on a pro posed bicycle trai l system s veral
years ago, and t ha t there wa s stron g o p pos i t on to the propo s al a t t hat
time. Mrs. Romans stated that the staff d oe suggest that if t he dec ision
is made to proceed on the institution of a bicycle trail sy st m, t h at i t
not be a plan "prepared by staff", bu t rather one that i s prepar d by the
c itizens who wil l be using the sys tem or who wo uld be affec t ed by t he
sys tem going through their neighbor ood. This would, hopefully , ass u r e
support a t such time as t he Plan would go to publ ic hearing be for e t he Com-
mission and City Council.
Mr. Williams stated that he as in s u pport of a bicycle trai l syst e m, an d
inquired abou t the financing of such a pr o j e c t ? Would this b e d on e by t he
Urban Sy stems fundin g? He asked wh a t cons ide rat ion had been g i ven to t he
financial end of implementation of the sys t em ?
Mrs. Romans stated t ha t t he matter of fundin g has no t been explored to a
great extent; she ant i cipat ed that perhaps th e Ci t y Council would be re-
ques ted to set aside funds for the imple mentation of the bicyc le trail
system.
Mrs. Romans noted that at the las t meeting, there was d iscus sion on whether
the on-street system would requ ire the elimina tion o f parking in the bicycle
lane, or wh ether the parking could be comb ined with the b icycle lane. Mr .
Williams stated that on Bowles Aven ue and Belleview Av e nue from Santa Fe
Drive there are bicycle lanes that a re combined with parking lanes, and they
seem to work well .
Mrs. Romans pointed out that at the Public Hearing held on the proposed
bicycle trail s ys tem several years ago, the possibility of eliminatin g
parking "was not popular." Mr. McBra yer noted that on streets that didn't
carry much traffic, such as South Sherman Street, the bicycle lanes com -
bined with the parkin g lanes probably wo uldn't c ause too mu ch proble m for
bicyclists.
Mrs. Pierson asked if a notice would be placed in the Englewo od Citizen
asking for volunteers to be on the spec i al committee to come up with t he
bicycle trail system? Mrs. Roma n s stated that this is a possibility, and
might give an indicat ion of h ow much interest the re is i n the development
of a bicycle trail s y stem in the Ci t y . Mrs. Pierson noted that when t h e
Commission was con sidering the Comprehensive Plan, each ad hoc committee
had a Commission mem ber as a liaison member. Inasmuch as Mr. McBrayer is
a bicyc list, she suggested that possibly h e would want to serve in thi s
capacity on the Bicyc le Trails Committee. Mr. McBrayer stat e d that he
would do so.
Mr. Senti stated that he, t oo , is very ~nterested ip the bicycle trail
system, and feels that it is v e r y important and neces sary that there be
a connecting bicycle trail syst e m in the metro area .
•
I • •
(
•
•
• ..
-3-
Mr. Tan uma stated hat h would like to v olun tee r his help on t h c itte
to work 9n th bicycle trail sys tem, also. He no t e d that bicycling is not
only a cans of conserving energy , but it is a h alt h ful activi ty, also.
Hr . Carson indicated that he was also interested in work ing with this com -mittee.
Mrs. Romans asked if he sta ff should prepare some thing to publi s h in the
Englewood Citizen? Mr. McBrayer s tated that he felt t here we re a lot of
a reas around town where a circula r or poster might be d isplayed, such as
bicyc le shops, e tc.
Mr . Ca r son aske d when t he Public Hea ring wou l d be held? Mrs. Roman s
stated that there will be a Public Hear i ng e ventually, but not until there
is a proposed bicycle trail system that is acceptable t o the committee and
to the Planning Commission .
Mr . Mc Braye r asked what was expected of the Committee? He noted that the
Commission didn't want to make people think they are going to do something
if t hey aren't. Mrs. Romans sta ted that she felt the Co mmittee would have
to c ome up with a bicycle trail syst em that is acceptable and suggest the
means to implement it.
Mr. McBrayer s tated that he felt continuity i s an imp ortant factor and that
pe r haps s treet s that a re used as bicycle lanes in Denver should continue
through Engle wood. He noted that on streets such as Eastman Avenue, there
would be a problem for the cyclist s attempting to cross Broadway without
tra ff i c contro l on Broadway. Mrs. Romans stated that these are matters
t hat mu s t be considered ~y the Co mmittee. She emphasized that the Committee
will have to c ome up with a trail system that they feel will work. The
Planning Commission would have a Public Hear i ng on that Plan, and then refer
the Plan to Ci t y Council. Mrs. Ro mans asked if the staff should proceed
with a notice in the Englewood Citizen; she stated that she thought such
a notice could be in th e Dec ember issue. Mr. McBrayer stated that he would
like to see the Commi tt ee formed as soon as possib le; he felt that the Com-
mittee should have at least one meeting before the Public Hearing. Mrs.
Ro ma n s s tated t hat she would ant icipate that t h e Committee will have a
numb er of meetings befor e the Plan is ready for Public Hearing.
Mr . Tanguma s tated that he felt Mr . McBra yer should be the Chairman of
the Commit t ee , and work wi th the sta f f on the proposed bicycle trail system.
Mrs . Romans s tated t ha t the staf f would proceed with the notice for the
Englewood Citizen, and will plan on working with the Committee to be
chaired by Mr . McBraye r, and tha t Mes srs. Senti, Carson, and Tanguma would
part ic}pate on the Committee , also.
Mrs . Barbara Youn g presen ted seve ral slides of a r eas along waterways and
on-street whe re possible bicycle trails c ould be developed, as well as
showi n g exis t ing bicycle t rail s through some of the parks and greenbelt
areas .
IV . DESIGN REVIEW CASE #33-80
Mrs. Barbara Young presented slides depicting uses where design review has
been used in other communities vs. Englewood businesses where there has been
•
I • •
•
•
• -
-4-
no control xe rci s d. Diff renccs made by the use f textured lls vs .
concrete walls , and by the us e of coord inated color ~, signing, etc. were
all pointed out and con trasted to the deve lopment~ ~ith no control .
Mrs. Romans sta ted that th s t aff fi rs t propos~d a D sign R vie Committee
in 1970. The design r eview concept wa also proposed to t he Mul t i-Family
Standards Review Committee , whi ch comm ittee was rev ewing the m dium-density
and high-density zone discr cts in 197 and 1975. Thi& Committ e as of
the op ini on that there w r e two wa ys t o get be tt er development in those
zone di s tric t, those ways b ing: (1) Plann d Development, or (2) Design
Review. The Multi-family Standards Review Committee did, in fact , r efer
the matter of Design Review t o the Planning Commission , b ut a t the next
meeting withdrew the i r recommenda tion , feeling that such concept was no t
politically acceptabl e a t that time . The design review concep t would have
been imposed only on the mu lti-family ,business and industrial development s ,
not on single-family development. Mrs. Romans stated that she felt pa rt
of the previous cri ticism stemm d from the fa ct t hat people did not under-
stand that it would not apply to single-family homes; they were afraid t hey
would be told how t hey could build the ir homes.
Mrs. Romans quoted the following paragraph from the AlA Journal of December ,
1968, The Politics of Beauty by William F. Bu ckley , J r.,: "If a homeowner
desires to con struct a huge Coc a -Co la sign fa cing his own homestead rather
than the public highway , in o rder to remind him, every t ime he looks out
his window, that the time has come to pause and be refre s hed, he certainly
should be l ef t free to do so . But if he wants to face the s ign toward us,
that is s omething else."
Mrs. Romans stated that if what the developer proposes to build i s visible
to other people, tho se people mu s t be considered. The design review con-
cept is a means to assure that new development is in reasonable harmony with
the environment of t he community.
Mrs. Romans stated that she would like for t he Commission to consider the
effects of design review as presented in the sl ides shown to the Commission,
and to consider the p roposed draft of the guidelines which were sent to the
Commission in their packets.
Mrs. Romans stated that it is proposed that the individual s appointed to
the Design Review Committee be professional people --architects, landscape
architects, people in real estate or the building industries , and that those
individuals would be respon sible for reviewing the plans and working with
the developers. Mrs. Romans stated that it is suggested that the Chamber
of Commerce submit names of individuals to the City Council for considera-
tion, and that the City Council ap point the Design Review Commi ttee, wh ich
would be comparable to the Board of Adjustment and Pla nning Commi ss ion. The
propos ed Design Review Committee would consider such things in making the ir
decision as:
1. Height, bulk, and area of buildings .
2. Setbacks and site planning.
3. Exterior mat erials and colors.
4. Type and pit ch of roofs.
S. Size and spacing of window s , doors·and other openings.
6. Towe rs, chimneys, roof str uctures, flagpoles, rad io and television
antennae.
7. Landscaping , parking area de sign and traf fic circulat i on •
•
I • •
(
•
•
-
-5-
8. Location, height and standards of ext~rior illumination.
9 . Loc tion and standards of utility installations.
10. Loc;tion and appearanc of _quipm nl loc ~tPd out id~ of an nc1osed
structure.
11. Location and method of refuse storage.
12. Physical relationship of proposed structures to existing s tructur s
in the neighborhood.
13. Arpearanc e and design r lationship of proposed stru~tures to existing
structures and possible future struc tures in the neighbo rhood and
pu~lic thoroughfareas.
14 . Proposed signing .
15. Interior layout of all dw lling units.
Mrs . Romans again asked that th e Conmission consider t h writ ten document
that has been presented to them, as well as the effec t which Design Re view
can have when implemented and be prepared to di scuss their ideas at the
meeting of November 18th . She noted that the Downtown Deve lopment Aut hori t y
has proposed that a Design Re view Ordinance be adopted , and she felt that
possibly the Authority would b s upport i ve if the Co mm ission doe s determine
that the design review concept should be pursued . Mrs. Ro mans stated that
an ad hoc committee for consideration on the design review could be set up ,
or t he Plannin g Commission may want to consider this matter t hemselves .
Mrs. Pier son stated that she would rather keep con sid eration of the des i gn
review within the scope of the Commission . Mr. Tangum a agreed .
Discussion on i t ems before the Commission ensue d. Mrs . Rom ans stated t ha t
at t his point, th meeting of November 18th would be a work session , and
nothing is scheduled for either of t he meetin gs in December. Howe ver, i f
matters a re submitted to the office, th ey will be placed on the app ropriate
agendas .
Mrs . Pierson asked when the new Di r ctor would be assuming her o ffi ce?
Mrs . Romans stated that Miss Powers begins emplo yment on Novemb er 24 th .
Discussion ensued. It was determined that the firs t meeting in December,
December 2nd , be an informal dinner meeting at 5:30p .m., and that Mr s.
Frances Buck Jonas , the Executive Director of the Englewood Ho using
Auth ority, also be invi ted to attend.
Mr . Tanguma asked if the staff had any informat ion on file about what other
design review committees in other cities have done, o r what othe r cities
plan to do? Mr. Carson asked if he had unders tood Mr . McBrayer correctly
that Aurora had a Design Review Committee? Mr . McB raye r stated that he did
not know if Aur ora h ad a n ac tual Design Review Commi ttee, or whether it is
someone on the staff that reviews the plans . He asked if t h ere was a c opy
o f the Aurora Zoning Ordinance in the office, and whet her it did contain
wording relating to signs , ground coverage , walkways, e tc ? Mrs. Romans s tated
t hat there is a copy of the Au rora Zoning Ord inance i n th e office. She
further pointed out that Design Review is common i n California, and is very
acceptable there . The proposed ordinance, as presented to the Commi ssion,
is based on a California Design Re view Ordinance.
Mr . Tang uma reiterated that he wou ld l ike t o see what other cities are
doing . He wou ld like to look at some c riter ia and possibly come up with
a way t hat the Plann ing and Zon i ng Commission could look at the plans and
act as the design review c omm i ttee r ather than creating another committee.
Mr s . Roma ns s tated that this part i cular asp ec t has been considered pre-
•
I -. •
•
•
-
-6-
vious ly and i t has b en recommended that profes ional p ople serv on the
design r eview committee because of technicalities involv d in working with
developers.
Mr. McBrayer stated t ha t he would imagin such developmen t s as the Pinery
would have design review s tand ards for their particular developments, and
that possibly copies could be ob tained. ~lr . Tanguma tated that he wants
to see something that has been p r oven to work in Colorado. Mrs. Romans stated
that what may work in one particular area of Colorado may not, in fa ct , work
well i n another area of the state . She s t ated that i t will be up to the
Commission to develop something that will work in Englewood. Discussion
ensued .
Mrs. Romans pointed ou t tha at the City Council meeting of No v ember 3rd,
one of t he City Councilmen expressed con cern t ha t t he proposed amendment s
to the Comprehen siv Zoning Ordinance and Subdivision Regulat ions to require
bicycle trails in n ew developments wo uld increase the development cos ts in
the City. Mrs. Pier son stated t ha t she felt the Commission was appoin t ed
to do a job, and that if City Council wants to exercise i t s veto power it
may, but the Commis s i on should still do what they are appo inted to do .
V. PUBLIC FORUM.
No one was present to addre ss the Commission .
VI. DIRECTOR'S CHOICE.
Mrs. Romans stated that at the last meeting of the Planning Comm ission, s he
was asked to check with representatives of Swedish Med ica l Cente r on the
matter of landscaping in the parking lots that were r ecently a pproved. Mr s .
Romans stated that she has contacted the Medical Center, and was told t ha t
the Medical Center will begin the landscaping of the parking lots this
week, but that the Buckthorn trees could not be planted until next Spring.
Mr. McBrayer stated that he noted in late September that the parking lots
were paved, striped, and ready for use, but were not fin i shed so far as t he
landscaping, final grading, etc. were concerned. He feels that the M dical
Center hurried to make the parking lots "usable", but there is much that is
yet to be done to "finish" the parking lots to meet the approval of the
Commission. He stated that he felt the next time approval of a parking lot
is requested by the Med ical Center, it should be required t ha t the parking
lot not be used unt il it is "finished". Mr . McBra yer asked Mrs. Young, a
landscape architect, if Fall is not a good time of year to do planting and
landscaping work? Mrs . Young stated that it is a good time of yea r for t he
most part; she did point out that a lot o f the plant materials are ordered
in the Fall, but are not delivered for planting until the next Spring, and
that nurseries will no t guarantee some plantings if they are planted in t he
Fall and do not live through the winter.
Mrs. Pierson asked if it would be appropriate for the Commission to s e nd
the Medical Center a letter expres sing the concern of the Commission,
stating that it is hoped s ince the Medi~al Center a;,_d the Commissiotl are
working together for a better Englewood, that the Medical Center will
c omplete the grading, clean up and preliminary planting of the parking l ots.
It was felt that s uch a lett e r would be appropriate to be sent from the Com-
mission.
•
I • •
• •
•
•
• ..
-7-
Mrs . Romans stated that work on the parking lot ap proved for the Downtown
Deve lopm nt Authority has started. !he landscaping of t he lot will not be
done until n ext Spring. •
VII. COMMISSI ONER 'S ~·
Mr. Tanguma asked if Mr s. Romans had contacted the City Co uncil regardi ng
the mov ie Mr . Kelle r wanted to show? Mrs. Rom an s s tat ed that she had not .
Mrs. Pier son stated that she doe s not remember ever having discussed civil
defense at the Commissi on level; she asked if this was an a ppropr iat e area
of con cern for the Planning Commissi on ? Mrs. Romans s ta t ed that the Chie f
of Police is the Civil Defense Officer, and is so appointed by the Cit y
Manager.
The meeting adjourned at 8 :10 p.m .
•
I • •
(
•
•
• •
CITY OF ENGLEWOOD PLANNING AND ZO. I. 'G Cmflo!ISS .ON
ov~~ER 18, 1980
I. CALL TO ORDER .
Th regular meeting of the Ci t y Planning and Zoning Co mmission was
called to o rder at 7:00 P. M. by Chairman Judith B. Pierson.
Members present: Williams , Tanguma, Senti, Pierson, McBr aye r, Draper,
Ca rson, Becker, Barbre
Romans, Ex-officio
Membe rs absent : one
Also present: James Keller, Executive Director of the EDDA
III. APPROVAL OF MI NUTE S.
Mrs. Pierson stated that the Minutes of November S, 1980, were to be
considered for approval.
Carson moved:
5 li 1
Ba rbre seconded: The Minutes of November S, 1980, be approved as written.
AYES: Barbre, Williams, Tanguma, Senti, Pierson, McBrayer, Carson
NAYS: None
ABSTAIN : Draper, Becker
The motion carried.
III. BICYCL E TRAIL REPORT CASE 11 32-80
Mrs . Romans i ndicated a display of maps, one of which identified the
Re gional Bicycle Transportation System showing the primary and secondary
r ou tes which would affect the City of Englewood. Another map ident ified
t he bicycl e routes in the City which were considered b y th e Planning
Commission in 1972 and again in 1974. The Regional primary routes include
South Zuni Street from West Evans Avenue south to Dartmouth Avenue, Oxford
Avenue from the east to west City boundaries, and South Sherman Street
from East Yale Avenue south to Dartmouth Avenue. Secondary routes on
the Regional Plan include Dartmouth Avenue, Layton Avenue, Fox/Elati
Streets, Bannock Street north of Dartmouth, and along the South Platte
River in Englewood.
Mrs. Romans pointed out that the Regional Plan does not show a trail
system along Big Dry Creek or other waterways through the City. Mrs.
Romans pointed out, also, the r elation of the proposed primary and
secondary routes to Eng lewood parks .
Mrs. Rcmans then referred to the Englewood bicycle system which the staff
and the Commission have considered since 1972/74. Attempts have been
made to avoid using Dartmouth, which is a heavily traveled street; how-
ever, it was pointed out by Mr. McBraye r at the last meeting that bicyclists
are going to n eed some means of protection in crossing Broadway, and that
perhaps the signalized intersection at Dartmouth and Broadway should be
•
I • •
•
•
• -
-2-
used. The local plan propose to mak use of right-of-way along draina e-
ways such as Big Dry Creek, City Ditch, and other . Mrs. Romans stated
that Mr. Carson had pointed out prior to beginning the m eting that a
majorit y of the right-of-way along the Ci ty Ditch has been vacated and
there would be no way that a bicycle r oute could be developed along this
area. She stated that while a great d eal of the right-of-way has been
encroached upon, if it were to be designated as a bicycle route, further
encroachment might be prevented , and th re wou ld be a distance along the
Di tch that could be developed for a bicycle rout e. Mrs. Romans poin ed
out that attempts have been made in the local plan to tie in with the
ne i ghborhood parks , also .
Mrs. Ro mans s t ated that it was suggested at the last meeting that an
article be published in the Englewood Citizen, along wi t h a form for
citizens who were in teres t e d in participating o n an ad hoc committee
for the bicycle tra i l system to submit. She s t ated that she spoke to
Ms. Peggy Gonder, editor of the Englewood Citizen, and was told that the
December issue was pretty well "set", but that this c ould be don e in the
January, 1981, issue.
Mr. McBra y er stated that he hopes to hav e a story r e garding the bicycle
trail system in both the Englewood Citizen and the Englewood Herald
Sentinel. The story in the Citize n would be in the Januar y, 1981, issue,
and he said that he plans to contact the Sentinel in mid to late December,
1980. Mr. McBrayer stated that he felt a meeting of the four Commission
members who indicated they wanted to work on the Bicyc le Trail System along
about mid-December would be wise, and would give them an o pportunity to
organize the approach to the work ahead. He state d that he felt p articipa-
tion by other committee members could then begin in January.
Mrs. Pierson suggested that possibly the Commission members on the bicycle
trails committee would want to consider meeting on December 16th; there
is nothing on the age.nda for the regula r meeting at this point in time ,
and this would be a regular meeting night.
Mr. McBrayer, Mr. Senti, Mr. Carson and Mr. Tanguma all indicated t ha t
the evening of December 16th was satisfactory as a meet i ng date for the
ad hoc group.
Mr. McBrayer stated that he thought that posters announcing the formation
of the bicycle trai ls committee and asking f o r participation, could be
placed in bicycle shops and stor es in Englewood and that t his might ge t
some partic ipants. The dat e for the fir s t meeting of the f ull ad hoc com -
mittee in January was discussed, and it wa s determine d to set January 13th
as a tentative meeting date. Mr. McBrayer asked if the staff had a c opy
of the Denver Bicycle Trail Plan ? Mr. Tanguma s tated that he had a friend
who was going to get him a copy. Mrs. Roman s stated that the staff would
attempt to get a copy of the Denver Bicyc le Trail Plan, and also of the
Littleton Bicycle Trail Plan. Mr . McBra yer stated that he would also be
i n touch with Ms . Barbara Young, Assoc iate Planner, to get the names of
persons who have indic ated an interest in a bicycle trail system in the
past. Mr. McB rayer stated that h e h as discussed the proposed bicycle trail
system with some people, and the i r reaction was that there would not be
funds appropriated for the implementation of such a system. He asked if
he could get a copy of the previous presentation to the City Council. Mrs.
Romans stated that as she recalled, it did not go to City Council; the
Planning Commis sion held a public hearing on the proposed plan, and there
•
I • •
(
•
•
• -
-3-
was s uch opposition that the matter was dropped a t the C o~is si on level.
The matter of funding was furth r considered; Mr. McBrayer tated that he
felt the committee should be able to come u p with a b l l park figu re ~n
the cost of imple mentation. Mr. Ca rson suggested that possib ly o~ funds
from the lottery which are to be used for par an d r e c rea t ion purpos
might be made available.
Mr. McBrayer asked if copies of th minutes of the pu b l ic hearing efor
the Planning Comm ission could be available for perusal ? Mrs. Romans r e-plied in the affirmat ive.
Mr. McBrayer asked if the local plan was designed with the intent t o "get
fro m one place to another", or only to "checkerboard" the Ci ty. Mr .
McBrayer s tated that he felt the commi ttee s hould look at t he sys tem t o
be developed with an eye to con t inui ty as far as the Denver and Little t on
sys tems go, and whether or not you can get to someplace from somep l a ce ,
for instance Cinderella Ci t y, or the downtown area.
Mr. Draper stated that people do not use bicycles on shopping trips. Mr.
Senti stated that he had recently seen slides that were taken in China
where bicycles are a primary means of transportation; he stated that they
have "rigs" they put on these bicycles to haul parcels, and do in fact
use the bicycles for shopping trips . He stated that he felt this is
possible i n . this country now, an d will become more so as the price of
gasoline increases. Mr. Senti stated that he remembered the initial
discussion and presentation of the bicycle trail system several years
ago, and the extremely poor recep tion that the proposal received. He
pointed out that the attitude of the citizenry has changed, as has the
overall attitude of the country.
Mr. McBrayer commented that the Denver Bicycle Trail System must be a
model because people from other sta tes have inquired about the system
and asked for copies of the repo rt and maps.
Mr. Barbre inquired of Mr. Senti the reason f or the strong oppos i tion
at the previous bicyc le trail system presentation? Mr. Senti stated that
a lot of people seemed to feel that bicycles should not be allowed on
the streets .
Mr. McBrayer stated that the character of Englewood is changing; there
are more young famili es and a lot more people are riding b icycles. Further
discussion ensued. Mrs. Becker suggested that Mr. McBrayer might contact
the High School Leadership class to see if there might be some of the
students who would be interested in serving on the committee. Mr. Keller
also suggested that Mr. McBrayer might talk to Councilwoman Bradshaw about
studen t participation on the committee.
Mr. Senti stated that he recently had an opportunity to view residential
development that Mr. McBrayer has done; he stated that it is very well
done, and that the landscaping and sprinkling system are installed. He
stated that while Mr. McBrayer may seem to be hard on applicants regarding
the matter of landscaping and sprinkling systems, he does install them on
his own developments, and the result is very nice. He commended Mr.
McBrayer on his work.
•
I • •
•
•
• -
-4-
Mr. McBrayer asked the outcome of the con tact to Swedish Med ical Cen t r
regarding the matter of gr ding nd cleaning up of the parking lots?
Mrs. Romans stated that she had been con tacted by Mr . Johnson of the Medical
Center the morning after th last meet ing , and had conveyed t o him the
conc ern expressed by the Co mmi ssion ov r the uncompl t ed grading and the
poor clean-up of the lots. Mr. Johnson indica t d t hat he would see to it
i mmediately; Mrs. Roman then con tacted Mr s . Pierson, and it wa s determined
that the letter would no t be sent i n light of Mr. Johns on's willingness to
comply.
IV. DESIGN REVIEW CASE /133 -80
Mrs. Ro man stated that members o f the Commission asked at the last Com-
mission meeting that t he staff c ontact other communities to determine
whether they had a Design Rev iew or Arch i tectural Review Comm.ittee. The
st aff ha s done this, an~ the report f r om th e communities was sent to th e
Commission in the last packet. Most of the communit ies t ha t have any type
of review have staff members who work with the d e ve lopers, and do not have
a de sign review ordinance such as has b een submitted to t h Planning Com-
mission . Mrs. Romans pointed out th at t he proposed ordinance wh ich is
before the Commission is the same ordinance that was pro posed by the Multi-
family Standards Review Committee, of which Mr. Ke ller was c hairman .
Mrs . Pierson asked when the staff could expect to get the Boulder Ordinan ce?
Mrs. Romans stated that the staff person from Boulder indicated it would be
sent; it has not been received to this time.
Mrs. Romans asked Mr. Keller if he r ecalled any of the discussion and c on-
sideration at the time the Multi-family Standards Review Co mmit tee was
meeti.ng? Mr. Keller stated that there had been t o o much time ela psed for
him to recall the specifics of any cons i deration given the design review
ordinance by the Mul ti-family Standards Review Commi ttee. He s tated t hat
upon revi.ew of the proposed ordinance now, howeveT, he did feel there were
a couple of changes that should be mad e . Mr. Keller stated t hat he felt
i.t would be very i.mportant to have something on the books that would serve
as guideli.nes for the developments that will be goi.ng on i n the d owntown
area withi.n the nex t five ye ars . Nr. Keller stated that he a nticipated
some majo r development in this t ime period, and that the Au thority d oes,
i.n f act, know of three proposals i.n t he wo r ks at t he present t i me in the
area f rom Eastman to U. S. 285 on the west side of Broadway . Mr. Keller
stated that he had talked to Mr. Bob J o yce, counsel for Mr. Bud Brady ,
earlier in the day and Mr. Brady wants t o start his proposal within the
next six months or so. He stated that there will be a meeting on December
1st t o iron out the differences in the contract and the agre em ent be tween
the City, the Downtown Development Authority and the Developer. Mr. Kell er
stated that the purpose of this contract is to assign the respons ibility
of the design process. Mr. Keller stated that he und e rstood t ha t some
property owners on the west side of the 3400 block of South Broadway are
d i scussi.ng the poss ibil i.t y of "pooli.ng their properties", forming an in-
vestment enti.ty, tearing down the existing buildings and beginning con-
struc tion under an entire new program.
Mrs. Pierson cau tioned t~at the proposal probably would not be in effect
in ti.me to have any effect on the developments that occur within the next
year or so. Di scu ssion ensued.
•
)
I • •
(
•
•
• -
-5-
Mr. Kel l r s tat d that h woul d sugges t th propo ~d ordinance b mended
so that t h Ch e r of Co mmer ce is not involv j in t h a poin t nt f mem r .
Discussion en ued.
Mr . Draper a sked about the possibility of urb n renewal and us of Federal
funds? Mr. Keller stated that Englewood does not qualify for any a si tance
on t his. He s t a ted that the only reason t o us Ur ban Re newal was the po ~r
of eminen t domain.
Mrs . Be cker s tate d that she felt it would be of benefit t o Englewood to
have a Design Review Co mmittee. She s tated t ha t she felt it would ha e
been of benefi t several years a go when it was init i ally considere d.
Mr s . Pierson s ated that at the last mee ing he had suggested t hat d rafting
t he ordinance be ke pt within the scope of the Plann i ng Co mmission, and that
an ad hoc committee not be appointed. Howe ve r, she re c alled that Mr. Bill
Howard was very inte rested i n the matter of design review at the time he
was participat i ng on the Comprehens i ve Plan ad hoc c ommittees, and she is
now of the opinion that he should be asked to be o f assi s tance t o the Com-
mission. Mrs. Romans stated that perhaps someone from the Downtown Develop-
ment Aut hority should also be asked to part icipate, inas much as the Auth o rity
has indicated they fe el there is a need f o r s uch a design review ordinanc e.
Mr. Dra pe r stated that he felt t he develo pers have too man y problems as
it is , and that this would compound problems for them.
Mr. Tanguma stated that if there is a design review committee , he felt
very strongly that it should be wi thin the Planning and Zoning Commission;
he stated that the Co mmission is presently structured to work on matters
t hat would be conside red by the de sign review committee , and he didn't
feel that it should be a separate body or "another layer of government."
Mrs. Romans stated that she felt t his is a p oint that must be worked out
with the City Attorney and the Cit y Co uncil.
Mrs. Becker agreed that "time is money". Mr. McBrayer pointed out to Mr.
Draper that there are no requi rement s i n the preliminary draft t hat would
cost a develo per more mone y; t he only p roble m would be the matter of "time."
Discussion ensued. Mrs. Romans again pointed out that t he members of the
Design Review Committee would hav e to be an official body appointed by t he
City Council , and that the mem bers wo uld have to be qualified to rule on
the matte rs of architectu re and de sign . Mr. Tanguma rei terated that this
is creating another layer of gove rnment and he wants to avoid this if at
all possible. Mrs.'Romans stated that she felt the matter before the Com-
mission now is to develop a s trategy so tha t the Review Committee, if
appointed , can function .
Mr. Keller stated that if a proj ect is not designed properly to begin with,
it will not turn out right; he stated that he felt it is most critical
that proper design of the projec t s be assured. He pointed out that it
doesn't cos t any more to do a proj ect correctly to begin with. Mr . Keller
stated that he fe lt it wo u ld be proper for a "lay person" to be on the
Design Review Committee, b ut that it should be composed primarily of pro-
fessional people qualified to pass judgement on the projects that are pro-
posed.
Mr. Draper asked if it was felt that a "professional" designer would work
without pay on such a committee? Mr. Keller stated that he felt such a
I • •
•
•
• -
-6-
professional person might want to be paid fo r the t ice spent in eetin
but he did no t feel it would be necessary tha h~ be a me ber of the st f
o r on a contract basis.
Mrs. Romans suggested t hat possibly t here be two ad hoc committees , one
wh ich would work on t he bicycle trail sy te and one wh ich would work on
t he design review ordinance. I t was the concensus that this wa s advisable,
and that both committees could et t he night of D c ember 16th .
Mr s . Pierson asked who was interested in wo r king on the design r view co -
mi ttee? It was determined t ha t Mr . Ba b re, Mr. Draper, Mrs. Becke r, rs .
Pierson and Mr. Williams would serve on the design review ad hoc comm i tt ee .
V. PUBLIC FORUM.
Mr. James Keller, Execu~ive Di rector of the Downtown Deve lopment Au tho ri ty,
stated that he was present to discuss problems that have arisen in regard
to the parking lot the Au thority is d eve loping in the 34 00 block on South
Lincoln Street. Mr. Keller stated t h at th e Commission approved the parking
lot layout with restrictions on Oc tober 21 , 1980, and t ha t one of t he
restrictions was that there be decorative lighting standards installed
and used in lieu of the Public Service Company pole s . Mr. Keller stated
that it has been discovered there is an unstable soil condition in the
parking l ot, and they are running into an overrun o n the costs from $10,000
to $15,000. Mr. Keller stated that there is a high water table in th is
area which was not discovered until the old blacktop was removed from the
parking lot. Mr. Keller stated that the soils consultant and the City
Public Works Director, Kells Waggoner, were to meet at the site on November
19th to determine whether or not they have to remove another one foot of
soil on the parking lot before they can begin the surfacing and compaction.
Mr. Keller state d that the Public Service wooden poles that had been re-
moved from the lot have been used for firew ood. The re are three wooden
poles on the west side of the parking lot along the alley, and one wooden
pole on the east side of the parking lot that is used as a street light.
He suggested that perhaps these poles, which are owned by Public Service
Com pany , could be used f o r light ing pu rposes for the parking lot rather
than requiring the decorative lighting standard s within the parking lot
itself. Mr. Keller stated that Public Service Company will allow the
EDDA to use these poles for t heir lighting purposes at a charge of $14.09
per month per light. The li h ting f i xture would be that t y pically on
PS C po les, and while not as at tractive as that initially proposed by the
EDDA, the illumination wo uld be increased from a total of 165,000 lumens
to 200,000 lumens total. Mr. Keller stated that Public Service Com pany
had recommend ed that the total lumen s should be increased to give proper
lighting in the parking lot at night. By using the Public Se rvice Compan y
po les, and elim.in ating the decorative l i ght standards that were recommend ed
b y the Planning Cotmni ssion, the EDD A could light the parking lot at an in-
crea sed lumination volume for $8,650 less than was originally proposed.
Mr . Keller state d that regarding the electrical work and the sprinkler
system, they were given a $5,000 credit on the removal of the three poles
i n the lot, but would be charged $3,000 to run the line and install the
facilities to accommodate the sprinkler system connection. Mr. Keller
stated that he fel t this was rather out of line, and would like to eliminate
all the ele c trical work on this contract, and pick it up at another time.
He stated that he would suggest that the electrical work and the sprinkler
•
,
I • •
(
•
•
• -
-7-
system be don a th same time. He stated that he d id not have any
figu res on th e cost stima t es , bu t did not t h nk it w ~ul d be over $500
to do the elec tr ical work for the sprinkler s ystem.
Mrs . Becker asked if t he re wa s not prior tes tin done t o de ter ine the
wate r table ~n the s it ? Mr. Keller stated that there was no i nd ication
there was a water ta ble problem until they start e d r emoving the old sur-
facin g on t h~ p arking l o t.
Mr . Keller s tated that the total parking lot con tract is for $91 ,000;
the EDDA will close on the Sachter prope rty on Friday, No vember 21st, and
the pro-rated cost of improvements t o the Sachter property would be about
$12,000. Re po inted ou t that the north seven fee t of the Sachter prope rty
is to be landscaped.
Mr. McBrayer asked what point the EDDA was at with Chen Company; did they
do core testing ? r. Keller stated that Chen representatives have been on
the lot; the y initially noticed water near Hampden Avenue, b ut there had
been a water line in this area and they felt that it might be a leakage
from that l in e. However , when they did further wo rk on the site, it was
determined that there is a water problem on t he entire site. He stated
that th ere will be testing to d e termine what degree of compac tion is needed
for the preparation of the site for the resurfacing .
Mrs. Becker stated t ha t she could not understand why someone would not
have kn own about the water table problem prior to this . Mr. Keller sta t ed
t hat there had been a building or structure proposed on th e site, soils
testing wo u ld have been done prior to beg inning t he work. Mr . Keller stated
that this park ing lot is proposed as a permanen t surface parking lot; he
could not estimate whether there would be sufficient need in the future
to construc t a parking structure.
Mr s . Pierson stated that in discussions regarding the parking lot, it has
been brought out t hat one of the nice things about it is that it is evidence
t hat t he Downtown Development Authority was tryin g to do something t o "im-
prove" the downtown area . She s tated that she is greatly bothe red that
whenever a problem o c curs, the first proposal is to curtail aesthetic con-
si derations on a pro ject. Mr. Keller pointed ou t t hat the volume of
ligh t ing would be increased. Mr s. Pierson asked ·if she unde rstood that
t he intent o f the request is to ob tain permission to eliminate the decora-
t i v e light standar ds ? Mr. Keller s tated that they are p roposing to use
t he Pub l ic Service Compan y poles at a charge of $14.09 per month per light,
and to e liminate the decorative po le s , f ixtures a nd in stallation costs.
Mrs. Becker stated t hat she has problems accepting t his proposal. She
stated that she felt this parking lot mu st be attractive. She further
po in ted out that the Planning Comm i ssion has set very stringent require-
ments for the parking lots deve loped by Swedish Medical Center, and she
questioned how the Planning Comm iss ion could deviate f rom requirements
for one development and impose stringen t requirements on another. Mrs.
Becker stated that she felt such a deviat ion could be considered as setting
a precedent , and she didn't think that the Commission wanted to do this.
Mr. Keller sta ted that he felt the pa rk ing lot needed to be well-lighted,
and that th e "aes t hetic lighting didn't provide enough light for safety."
Mrs. Becker asked if the wattage of the bulbs used in the decorat i ve
lighting could not be incr eased? Mr. Keller stated that it could not •
•
I • •
•
•
• -
-8-
Mr. McBrayer disagreed, and stat d that the decor a tive lighting could be
installed to allow fo r a higher intens ity lumination. Mrs. Pierson pointed
out that t he de co r ative lighting volume is so · of that that would be pro-
vided if t he Public Service Compan y poles are used. She stated that she
ha t es t o see the EDDA begin thei r wo r k on t he down town a r ea by "selling
ou t." Mr. Kel ler s tat ed t ha t t h e lighting t hat would have been provided
by t he dec orat i v e uni t s is adequate to walk, but would no t really pr ovide
adequ ate l i gh t i n g t o a ssur e t he "safety of wome n a t night ." Mrs . Pierson
aske d why the "safety of women at nigh t " wa s n o t of concern when the
ini t i al proposal was mad e ; it did not appear to be a ma t ter of concern un-
t il they ran into the water table p r oblem and t he need t o s ave funds .
Mrs . Pierson stated that in her op i n ion, Mr. Ke ller's argume nt s "just
don 't hang together."
Mr. Tanguma s tated tha t he und e r s t ood Mr. Kelle r 's p r oblem with the wa t er
table, and also the fact t hat bette r light i ng would be provide d by using
the Public Servic e Comp~n y po l e s . Howeve r, he state d, you c an h a ve higher
intensity lighting and st ill have the deco rat i ve l ighting s t and a rd s . He
acknowledged t h at it will c o s t more , but that deco r a t i v e ligh t i n g and t h
higher intensity is ava ilab le i f per sons a r e wi l l i ng t o pay for it .
Mr. Keller stated that he felt the e c onomi c al advantage would be a t rade-
off to solve the problems with the wate r in the parking lot and t he elimina-
t i on of the decorative light i ng s t a ndards .
Mr. McBrayer asked if there wasn't a c ont i ngency fund to t a ke c are of some
of the problems that arise. He state d that he ha t e d to s e e someth ing
deleted every time a small problem ar i ses ; he felt this woul d be "getting
off to a sorry start," and did not want to set this precedent.
Mr. Keller s tated that he wa s ask ed t o run this proposal by the Commi ss ion
t o see if the Commi ssion would approve i t ; he s tated that he wou l d report
back to his Exe c utive Board.
Mr. McBrayer asked where the landsc ap i ng was suppo s e d to be for this
parking lot? Mr. Keller stated that the lands c aping is on the perimeter
of the site.
Be c ker moved:
Ca r son seconded: Th e P l a nning Commission no t approv e the modificat i on
of the EDDA Pa r king Lo t as present e d t his e v e ning .
Mrs. Be cker stated t hat she felt approval of t his mo dification would set
a prec edent for future pla nn ing; the Commi ss ion would be d e aling di f ferently
with t wo ent i tie s f or the s ame type of pro j e c t --namely Sw e dish Me d ica l
Ce n t er and the Downtown Development Au thority --on parking l ot d e ve lopme nt,
and the Commi ssion should be c onsiste nt i n the ir requirements and the en-
fo r c ement of t hose r equirements .
Mr. Draper state d that he did not feel he was we ll enough i nformed to be
a ble t o vote on this, a nd que stioned t ha t such modification would down-
grad e the area that much . He pointed out that they would still have the
wooden po le s t here, and suggested that perhaps there could be some beauti-
fication on the woo den poles that could be accomplished for less expense
than the decorat ive lighting standards that have been required. Mr. Keller
pointed out t hat t he wooden poles are the property of Public Service Company,
and the EDDA c ould do nothing to them.
•
I • •
(
• •
(
•
•
• -
The vote wa s called:
AYES: Becker, Barbre, Tanguma, Senti, Pier s on, McBrayer, Ca rs on
AYS: Williams, Draper
The motion carried.
VI . DIRECTOR 'S CHOICE
Mrs. Romans stated that she had received the report on the Emergency
Disaster Response Plan from the City Manager shortly after the last
meeting, and had sent it on to the Commiss ion for their informat i on.
-9-
At the City Counci l meeting of November 17th, t he City Council passed a
preliminary Ordinance on Mortgage Revenue Bonds.
Mr . Tanguma excused himself from the mee ting .
Mrs. Romans discussed the Mortgage Revenue Bond program further, and noted
one or two minor changes that had been suggested in the preliminary ordinance.
VII. COMMISSION 'S CHOICE
There was nothing brought up for discussion under Commission's Choice.
The meeting adjourned at 8:50 p.m.
Gertrud e G. Welty
Rec ording Secretary
•
I • •
(
•
•
• •
E.~GLEII'OOD PUBLIC LIBRARY ADVISORY BOARD
Wednesday, November 12, 1980 5 H ~
The regular meeting of th e Eng lewood Public Library Advisory Board was called to order
by Chairman Wheelehan at 7:37 p.m., in the Library Meeting Room.
ROLL CALL:
PRESENT:
ABSENT:
ALSO PRESE T:
DIRECTO R'S REPORT:
Merlyn Beaver, Robert Currie, Bruce Hogue, Norm
Kerswill, Howard Morarie, Jr., Dal t o n Nordyke,
and Doro t hy Wheelehan.
Joe Rathburn and Lois Sterl i ng.
Mrs. Merlyn Beaver
Sha ron L. Winkle, Director of Libraries
Eileen E. Browne, Reco rding Secretary
Cou ncil approved th e Arapaho e Reg i onal Library District Letter of Agreement with amendm ent on first reading.
Colorado Library Association Annual Con fe rence was held in Durango, Novembe r 3-8,
198 0 . A written report of the Director's attendance will accompany minutes of this mee ting.
Fol low-up on Used Book Sale -total proceeds amounted to $1,305.50 which was deposited
i n the Friends checking account for a total of approximately $3,000. Board is consider-
i ng changing to a checki ng plus interest account onc e these are available to organi-
za tions and businesses in January 1981. The fact that the books were not pre-sorted
did not seem to cause any severe problems. The Director stated that the sale would
not have been suc h a success without the help of the Boy Scouts.
~f er lyn Beaver moved to:
Make a donation of $100.00 fr om the proceeds of the Used
Book Sale as a "Thank You" gesture to the Boy Scout Troop.
Seconded by Bruce Hogue; the motion carried unanimously.
The Direc tor informed the Board that Jim Be asley , System Director of the Central
Colo rado Library System asked her to announce that she, Ms. Winkle, had been appo i nted to the CCLS Board o f Directors.
Ms. Winkle made the announcement that the position of Bookmobile Driver had been
fi ll ed, and that the Bookmo bi le was once again one of the highlights of the Holiday
Parade . The Director reminded the Board that one third of the Library circulation
is derived from Bookmobile services.
David W. Brunton, Assistant to the Director resigned effective October 31, 1980. The
position is not expected to be filled until the end of January 1981, at the earliest.
In the meantime a part-t ime substitute has been employed to fill in for Mr. Brunton's
public service activities . Bob Currie volunteered to write a letter to Mr. Brunton
from the Lib rary Advisory Board thanking him for his years of service to the Library.
Continued ...
•
I • •
•
• -
The layor's Christmas Tree Lighting Party (former ly hos ted by the Friend s of the
Eng lewood Public Library) is scheduled for Decembe r 5, 19 0. Is . Do ro hy Romans,
Acting Director of Conununity Development, wi 11 coordinate the event. n)' Library
Advisory Board !ember wishing to donate cookies or their time as "hosts" will be
g r eatly appreciated. The Library Departme nt has purchased the 19-minute, Super mm
Film -"WALT DISNEY CHRISTMAS C RTOO . S" for present at ion to the children -this film
should shorten the program co nsiderably.
CHA I~tAN'S CHOICE:
The Chairman thanked Sha ron Winkle, the Board ~!em ber s a nd Library Staff for heir
assi stance at the Used Boo k Sale.
~!EMBERS I CHOICE:
Bob Currie suggested that a lett er from the Librar y Advisory Board should be sent to
~1r. Roy Altenbach for hi s help with the sig n s fo r the Used Book Sa l e . Is . Winkle
indicated that a letter would be drafted for th e Cha irman's signature.
Bruce Hogue mentioned a me e ting o n Thursday, Nov ember 13, 1980, from 7 :00 to 9:00p.m.
at the Denver Public Library on "Public Library Trustees of Colorado: Responsibilitie s
and Opportunities." Dorothy Wheelehan and Lois Sterling are planning to attend and
will attempt to get copies of the new Trustee Handbook for Library Ad v isory Board
Members unable to attend the meeting . ()
Howard Morarie suggested that consideration be given to using some of the Friend s '
money for the purchase of a portable micro-fiche reader for check-out by Library
patrons.
Mr. Morarie also mentioned that the Cherry Creek School System may join with Aurora
Public Library in an automated circulation control system which uses CLSI rather than
DataPhase. SEMBCS may also go with CLSI. He suggested that it would b e a good idea
for the Englewood Public Library to apply for membership in IRVING in order to be
able to participate in planning the group's cooperative activities. The Director is
to check on Englewood Public Library's becoming a member of IRVI 1G, and to continue
to keep in contact with Don Colberg of SEMBCS and keep abreast of Aurora's plan s .
Norm Kerswill questioned the possibility of j oining with the Colorado Springs system.
Mr. Kerswill added that i t is i mportant to o bt ain information regarding systems
currently used in the State, such a s those at Colorado Springs and Pueblo.
•
STATISTICAL REPORT:
Circulation on the Bookmobile is up once again . Circulation to Englewood patrons has
again increased over same month last year.
Karen Kelley, the Children's Services Librarian, decided to subscribe to only two
~tusic ~1agic programs -to see how the new program format would be since the death
of Dr. Charles.
Polly Geschwentner, Librarian at the Duncan Library Station, does story hours on
demand as opposed to a determined schedule or number of children attending.
Continued ...
•
I • •
•
• ..
-3 -
APPROVAL OF MI~UTES :
Bruce Hogue made the motion:
To approve the Minutes of the October 14, 19 0, meeting as recorded.
Seconded by Bob Currie; the motion carried unanimously.
ADJOU~~ENT:
Howard Mo rarie made the motion to :
Adjourn the meeting.
Seconded unanimously; the motion carried.
The meeting adjourned at 8 :45 p.m .
Attac hment: Director's Report of 19BO CLA Conference I • •
• •
•
•
• -
The Colorado Library \sso iation 19 0 Annual Conference was held i n
Durango, .'ovember 3 -, ovember 8 , 1980. Below please find information
about the Conference as it rela es to the interests of the Englewood
Pub! ic Library .
The keynot e speaker for the Conferen e was Ken Do wlin, Director, Pikes
Peak Region al Library Distr ict. lr. Do wlin's topic--''Library Services
in the 80's : The True Connection'' addressed the rol e of public
libraries as i nform ation providers for their communities.
The program regarding public relations a nd publ icity stre ssed the
marke t ing approac h to planning and providing library a nd information
services . It stressed identification of markets or market segmentation
and evaluation of existing and future programs based on communi t y
character istics .
The Legislative Committee program was l a r gely devoted to information
regarding the Co lorado Stat e Libr ary's curr e nt budg et reque s t which,
among ot her items, includes funds for r egional ser v ice systems, the
Co lorado Resource Center, Video Clea r inghou se, Academic Resource
Centers, and c ounty equalization grants.
One of the mo s t valuabl e meetings I a ttended was "The Automated
Connection" which featured information regarding telecommunications in
pub lic libra r i es. This program wa s videotaped and should be available
for viewing by interested groups .
The Program r ega rding Networking was a l so quit e interesting. It
revolves around three major fo ci of coo p er a t ive efforts in the state
The Colorado Alliance of Research Libraries, IRVING, and the State
Li brary. As a result of discussion on this topic during the November
Board meeting, the Library Advisory Board directed me to request member-
ship i nform ation from IRVI NG.
At the Colorado ~runicipal League Libra rian's Meeting it was decided
t hat Hank Shearouse, Director, De nver Public Lib rary, would Ch a ir
the group for the coming year . The ma jor activity will be provis ion
of a n "Inform ati on Booth " at the O IL Annual Conference in support of
the munici pal public library's role as an information prov ider to loc a l
government.
Among the man y resolutions passed at the Sa turday Business Meeting was
one creat ing a Committee for long-range plann i ng regarding the purpose
a nd ac tiv ities of the Colorado Library Association.
Please fe el free to contact me regarding an y questions you may have
about the Conference.
SLW:eeb
11/24/80
Sharon L. Wink l e
Director of Libraries
•
I • •
(
•
•
• -
ENGLEWOOD D Ta-rN DEVELOPMENT AUTilORl TY
3535 S . Sherman-Eng le od, CO 80110
5 I
REGULAR BOARD OF DIRECTORS MEETI NG Wednesda y Novem ber 12, 1980
Board Members Presen t:
Board Members Absent :
S t aff Membe rs Present :
Guests an d Visito rs:
MIN UTES
Artzberger, Glenn , Holthaus , Kaufman , Maxwell, Neal ,
Rob ohm
Allen, Colem an, Gassen, Mausolf
Keller , Thom pson, Burger
Board Attorney Loring E. ~arkness, III
Ma rilyn Barbeau, Kelly Oliver, Jeanette Bush, Rich
Wa nush, Dorothy Romans, Andy McCown, Don Bowen, Hobart
Moss, J ame s Sickafoose, Paul Beatt ie, Jim Chambers, Kathye
Thomas, Scott McNab, Jeffrey Stoddard, \~rdon Close,Susan Powers
Boa rd Chairman Holthaus called the mee ting to order at 12:15.
City Y~a ge r McCown introd uce d Susan Powe r s as the ne~ Pirector of Community
Development for th e City of En glewo od . She will be officially on duty at the
e nd of the mon th. A hearty welcome to downtown Englewood, Susan!
The Minu tes of the Special Board meeting of October 22, 1980 were approved as
published upon motion by Kaufman, second by Robohm. The Min utes of the Special
Board meeting of Octobe r 28 , 1980 were also approved a s published upon motion
by Robohm , second by Kaufman . Motion s carried .
Bills in the amount of $2 ,072.11 were app roved for paymen t upo n motion by Glenn,
second b y Kaufman. Motion carried . Purcha s e Requisition R496 5 in the amount of
$91,5 50.00 for the construction of the parking lot on the 3400 block of S~uth
Lincoln S treet was approved fo r paym e nt in a cco r danc with the terms o f the contract.
Lo ring Ha r kness reviewed for the board the highlights of the tax increment financing
program recen tl y cleared by th e Colo rado Sup r eme Co urt.
Jeanette Bush r e ported total costs of th E .D.D.A. parade flo at at $121 .00 or $11.00
pe r boar d member. The cost of the flo at is being paid by the memb ers of the board
individually . Board Chairman Holthaus thanked Jeanette for her many hours of labor
on t he fl oat and the board g ave a r ound of applause to show their appreciation.
Jeff Stoddard of the Colo rado Card Comp an y presented several sketches of various
logo designs. Upon motion by Artzberge r and second by Robohm design HIS was selected
and a "Roya l" blue chosen as the color for the logo for the Englewood Downtown
Dev elopment Auth orit y . Mo tion carried.
•
,
I • •
•
Pag 2
E.D.D.A. P~g. Boa rd Mee t ing
.'ove b r 12, 1980
•
• •
Ja~ s Sickafoose reviewed his proposal fo r the production of a newsletter. The
boa rd ag reed a newsletter is needed to reach the district property owners and
bu sln s es bu t asked f or additional proposals to lower the costs. No action t aken .
Chris Thom pson repo rted on the opportunity to purchase new Christmas decorations
fo r the downtown area f r om Vail, Colorado at a reduced price. Upon motion by
Glenn, seco nd by Robohm the E.D.D.A. board supports the idea of a joint venture
wit h t he City of Englewood, Chamber of Commerce and the d.b.a./ENGLEWOOD to
provide Ch ris tmas de c orations for 1981. Discussion concerned whether the dec-
o ration s should be leased or purchased and who would be responsible for putting
up , taking down and storage. The motion to support carried.
Kelly Oliver an d Marilyn Barbeau reported on the progress of construction of
t he pa rkin g lot. Available designs for the concrete sidewalk were presented and
the "Baske t weave " pattern was selected in a beige concrete color. Drawings for
the signa ge we r e shown and accepted. Design and copy for a permanent sign
are to b e prepared and presented to the board for consideration at the November
26 meeting. Andy McCown is to see if the City had a temporary sign that could
be used during construction.
Boa r d membe r Kaufman reminded the Executive Committee of their requested meeting
with ~!r. Bowe n, owner of Bowen's Shoe Store. Only two executive committee members
were p r e sen t but an informal meeting was scheduled immediately after the adjournment
of t he reg ular bo ard meeting.
The mee tin g was adjourned at 1:29 P.M.
•
I • •
(
•
•
• ..
ENGLEWOOD PARKS & RECREATION COMMISSION
Minutes of Noven~er 13, 1980 J
The regular monthly meeting of the Englewood Parks and Recreation Commission
was called to order at 5:15p.m. by Chairman Jack Poole in the Parks and Recreation
Office.
Members p resent: Brad shaw, Hi gday, Howard, Poole and Romans, ex officio
Members absent : Richards Hewitt, Allen
Also p resent: Leon Kuhn, Asst. Dir., Parks and Recreation
Doug Foe, Asst. Dir., Parks and Recreation
Carolyn Tracy, Temporary Recording Secretary
How ard moved, Bradshaw seconded that the minutes of September II, 1980 be approved
as mailed . Motion c arr ied.
Assistant Director Kuhn reported on the Belleview Storm Drainage Project. The
improvements are almost complete with work yet to be finished on the large train trestle.
The contract called for three supports to be replaced on the trestle, On closer in-
spection the other six supports were rotten below the surface and needed to be replaced.
The change order to replace the six supports was $9,000. Due to the fact that work
on the trestle could not proceed until the new supports were set In place, the City
Manager approved the replacement of the rotten supports. Some sodding will need to
be do ne. Completion of the project will occur about the middle of December, 1980.
On Centennial Improvement Project the work is 60% complete. Some minor changes
to the pl an had to be made on the west side slope near the ballfield and extra work
requi red when the existing children's fishing pond needs to be cleaned of muck that
has acc umulated over the years . Some changes were made on the walk on the west side
extend ing the walk almost the length of the west shore. Although the north and east
shores wil l be shaped and contoured with top soil, the landscaping with irrigation
system and grass seeding will need to be done in another year. A fitness trail with
fixed stations is also planned for future construction on the east shore.
The Duncan Park Improvement is about 50% complete with all-purpose court andre-
modeling of restrooms yet to be completed this winter. A change of plans was made
to place some electrical overhead cable underground when Public Service reduced their
orig i nal quoted cost from $4,000 to $1,200.
•
I • •
•
•
t
•
•
• ..
The contract to repair the High School Tennis Courts wa s awar ded by the schools
for $38,405. The work to be done in the spring of 1981. The repairs for the courts
invol ve a use of the slip method of repa ir fo r courts that have been successful in
other court repairs. City will share one-half of the cost of repairs.
The S i ncla i r handball screens were put in place three weeks ago to prevent balls
from landing on top of the school build i ng. Advice wa s received from Sinclair Mi dd l e
School's physical education teacher, Ben Medina, as to where the screens should be
p l aced to be most effecti ve. Commiss ioner Poole stated that he had used the courts
after the screens and he f elt they would work out fine.
Director Romans presented a construct i on schedule for the Golf Course that shows
the new nine holes to be ready on June I , 1981. Yet to be completed this winter Is
the trail bridge across the river, and install connecting pipes between lakes, and a
pipe th at will drain water in the river. A large ditch along Oxford Avenue must also
be constructed this winter so that heavy storm waters coming off West Oxford Avenue
will drain in t he river i nstead of on the Golf Course •
The arc hi tects for the new golf clubhouse wil I be selected soon and bid acceptances
for the new structure is scheduled for July, 1981.
Assistant Director Foe reported on the Fee and Charges report as presented to
City Ma nager. The study gave reasons why the recreation user coverage percentage has
d r opped and gave two possible alternate plans to increase fees and charges. Included
in t he st udy were recommendations to increase charges ·for the Malley Center. Commis-
si oner Howard who represents the Parks and Recreation Commission on the Senior Citizen
commit tee repo rted that the committee had discussed and approved the recommendations
included i n the study. Commissioner Howard pointed out one of the recommendations to
establish a Foun dation Fund for the Center by the City will need legal action by
Ci ty Council. It was dec i ded that information on the legal aspect of setting up such
a foundation wa s needed from the City Attorney.
Mr. Foe stated that he ho pe d that City Manager and City Council would state what
percent increase they wish to see in the Department and permit the staff to submit
back to City Manager and City Council increased fees for certain programs .
•
I • •
f
•
• -
After further discussion on recovery fees for different programs, Co.missioner
Higday moved that the Commission recommend to City Council that they Initiate no mo re
than, and less if possible, a 35~ recovery rate for direct costs f or t he Re creat ion
Division. ~tion was seconded by Counci l woman Bradshaw . Mot ion passed unan imously.
The Community Ce n ter report as prepared by t he sta ff f o r the City Kanage r and
City Council was d i scus s ed. A po ssi b le special elect i on as to desirab i l i ty of a
communi t y center was di s cussed wi th no defin i te conclusions. Possible sites for a
communi t y center were discussed by the Commis si on. Councilman Hlgday requested the
staff to p r epare a ma p s how ing present Ci ty-owned land to be superi~sed by a map
show ing the possible community center site.
Di rector Romans presented Information concerning possible funds that .ay be
avai l able f or park and recreation services from the Lottery AmenO..nt as passed by
t he cit i zens in the November 4 general election.
A repo r t from Director Romans and Assistant Director Foe on their attendance at
t he 1980 Park and Recreat i on Congress held· In Phoenix, Arizona -s IMde to the Com-
mi ssi on.
The Parks and Recreation Department entered a float In the Englewood Holiday
Parade depicting the recreation theme "Life. Be In lt." and an entry depicting Fitness
Thru Se n i or Olympics. The parade was held November 8, 1980.
Un der Co mm issioner cho i ce, Councilwoman Bradshaw reported that she was Informed
by Mr. Ma lcol m Taylor, me mber of the Ce ntennial Bi-Centennial Committee, that If the
Ci t y wo ul d p resent the Committee with b i lls for supplies to Halley Center, he felt
t hat the Centenn i al Bi-Centennial Committee would pay the bills.
Commiss i oner Poole remarked that he was concerned that the Commission did not
ha ve an opportunity to have any input to the increasing of fees for the Golf Course
be f ore the increase was approved by Ci t y Council. He stated that In the future he
would like to see items of th i s nature come before the Commission for their Input
before final approval by Council.
Commissioner Poole requested that Belleview Tennis Court lights be checked since
the lights seem to be on at times with no tennis players. Asst. Director Kuhn stated
•
I • •
••
f
•
•
• •
that he would check out the lights and that all tennis court lights will be turned
off very soon for the winter nonths .
Heetlng adjourned at 7 :15p.m.
•
I • •
•
•
•
, . -
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
November 12 1980 U>A Supplement 12 Greenbelt Sanitation District
INITIATED BY Greenbelt Sanitation District
ACTION PROPOSED Ap pr ove an nexation of additional land into Greenbelt Sanitation
•
service area.
INT RODUCTION :
A request was made by Greenbelt Sanitation District representing the
owne r, Vickers Petroleum Company, for annexation to Greenbelt service
area.
BACKGROUND INFORMATION:
Vickers Petroleum Company had a leach field that was located on propert.v
adjacent to the stati on at Bellview and Quebec. When the foundation for
a new building was du g , the leach field for their septic system was removed.
The property is located i n Greenwood Village . Greenwood Village has
indicated that if the property is annexed to the district the sewer tap
will be counted agai ns t the allocation of Greenwood Village.
FINANCIAL DETAILS:
None
RECOMMENDATIONS:
That the District be allowed to anne x the area described in Supplement 12
to Greenb el t Sanitation District.
•
I • •
•
•
• •
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
November 12 1980 t.£ A Suoo1ement 12 Greenbelt Sanitation District
•
INITIATED BY Greenbelt Sanitation District
ACTION PROPOSED Approve annexation of additional land into Greenbelt Sanitation
service area .
INTRODUCTION:
A request was made by Greenbelt Sanitation District representing the
owne r, Vic kers Petroleum Company, for annexation to Greenbelt service
area .
BACKGROUND INFORMATION:
Vickers Petroleum Company had a leach field that was located on propert.v
adjacent to the station at Bellview and Quebec. When the foundation for
a new building was du g , the leach field for their septic system was removed.
The property is located in Greenwood Village . Greenwood Village has
indicated that if the property is annexed to the district the sewer tap
will be counted against the allocation of Greenwood Village.
FINANCIAL DETAILS:
None
RECOMMENDATIONS:
That the Distr ict be allowed to annex the area described in Suoplement 12
to Greenb elt Sanitation District.
•
I . •
•
•
,. -
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
Dec ember 3 1980 ~8 Findinas of Fact : Case #29-80
INITIATED BY City Planning and Zoning Ca.aission
ACTION PROPOSED Take the necessary action to zone an area recently annexed to
the City of Englewood I-1, Light Industrial.
I NT RODUCTION: On November 22, 1980, a small area in the vicinity of South Osage
Street and West Tufts Avenue became a part of the City through annexation, and it
is necessary to zone that area before January 22, 1981. The Planning Ca.adssion
considered the zoning of the annexed area at a Public Hearing on October 21, 1980.
CONCLUSION AND RECOMMENDATION:
After reviewing the reports and testimony entered into the record at the Public
Hearing, the Planning Commission determined that the annexed area should be zoned
I-1, Light Industrial, and submitted that recommendation to the City Council.
Th e Commission has approved the attached Findings of Fact which set forth the
reasons for that decision.
I • •
•
•
.. •
f
•
SUGGESTED ACTION:
MOVED BY _________ _
f )ECOND __________ _ I . •
YES ____ NO. ____ ABSENT ______________ _
•
f
•
•
• -
CITY PLANN I NG AND ZONING COMMISSION
ENGLEWOO D, COLORADO
IN TKE MATTE& OF CASE NO. 29-80,
FINDINGS OF PACT, CONCL USIONS AND
RE C~ATIONS RELATIN G TO THE
ZONING OF AN AREA ANNEXED TO THE
CITY OF ENGLEWOOD BY ORDINAN CE
NO . 40, SERIES OF 1980.
A Public Hearing was held in connection with Case No. 29-80 on
October 21, 1980, in the City Council Chambers of the Englewood City Hall.
The followina .e~ers of the City Planning and Zoning Ca.aission were present:
Hr. larbra, Mrs. Becker, Hr. Carson, Hr. Draper, Mr. McBrayer, Mrs. Pierson,
Mr . Senti and Mr. Tanguma. Those IIIC!IIIbers absent: Hr. Willi-s.
FINDINGS OF FACT
Upon review of the evidence taken in the form of testimony,
presentations, reports and filed documents, the City Planning and Zoning
Ca.aission aakes the following Findings of Fact:
1. That proper notice of the Public Hearing was given.
2. That the following described property was annexed to the City
of Englewood by Ordinance No. 40, Series of 1980, upon the petition of Hr.
and Mrs. Donald L. McGirr and Hr. and Mrs. Harvin L. Vette, and that said
annexation became final on November 22, 1980:
Part of the SW 1/4 of the NE 1/4 of Sec. 9, T 5 S, R 68 W,
of the 6th P.M. described as beginning at a point 662.1 feet
North and 87 feet East of the center of said Section 9, said
point also being the centerline of West Tufts Avenue; thence
North 220 feet +/-to a point on the Englewood city limits;
thence East along said city limits 46.9 feet +/-; thence North
along said city limits 220.9 feet +/-; thence East along said
city limits 196.8 feet +/-; thence South along said city limits
440.9 feet +/-to the centerline of West Tufts Avenue; thence
West along said centerline 244 feet +/~ to the point of beginning.
S4id parcel contains 2.231 Acres +/-. Arapahoe County, Colorado.
3. That the Municipal Annexation Act of 1965 requires that any
area annexed to a 8UDicipality be brought under its zoning ordinance and
aap within ninety days after the effective date of the annexation ordinance.
4. That the property annexed by Ordinance No. 40, Series of
1980, is used for :l.ndustrial purposes and adjoins or is adjacent to property
in the City of Englewood which is zoned l-1, Light Industrial.
5. That the subject property was previously annexed to the
City of Enalewood and, following Public Hearings, was zoned 1-1, Light
I • •
•
• f
•
•
•
-2-
lnduatrial , which annexation was subsequently voided followin g Court action
initiated by other pa rtie a .
6 . That the 1979 Coap r ehensive Plan des ignates the s ub ject
prope rty as an l-1 , Light I nd u strial , a r ea.
7. That t he s ub j e c t are a does not lend itse lf for a .residential
uae becauae of ita proximity t o o t he r indus tri a l development, the railway
l inea and South Santa Fe Drive .
CONCLUSIONS
1 . That proper public notice of the Public Hearing relative to
the zonina of the subject property was given according to 122.3-4 of the
Co.prehensive Zoning Ordinance.
2. That the subject property has been annexed to the City of
Enalewood effective Nov.-her 22, 1980.
3. That the Generalized Land Use Section of the Comprehensive
Plan designates the area in which the subject property is situated, as
being .oat appropriately developed with light industrial uses .
4. That the subject property is used for industrial purposes
and is adjacent to or adjoins property similarly used which is in the City
of Englewood, and which has been zoned I-1, Light Industrial.
5. That the highest and best use of the property ia to be
found under the I-1, Light Industrial Zone District classification.
RECOMMENDATION
Therefore, it is the recommendation of the City Planning and
Zoning Ca..ission to the City Council that the above described property,
which has been annexed to the City of Englewood ~y Ordinance No. 40, Series
of 1980, be zoned I-1, Light Industrial for the following reasons:
1. The I-1, Light Industrial Zone District would be an extension
of the I-1 zone classification which has been applied to lands within the
City of Englewood which adjoin or are adjacent to the subject area.
2. Because of its proximity to existing industrial development,
major railway lines and South Santa Fe Drive, the subject area does not
lend itself to residential development.
3. The Comprehensive Plan designates the area in which the sub-
ject property is located as suitable for industrial development.
Upon the vote on a motion made at a meeting of the City Planning
and Zoning Coaaission on October 21, 1980.
. ~
I • •
•
•
•
,. -
-3-
Those --.rs votina 1n favor of the 110tion: Mr. Barbre, Mrs. Becker, Mr.
Carson, Kr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti and Hr. Tanau-a •
Those -..bars voting 1n opposition to the 110tion: None.
Those ..-hers absent: Hr. Williaas.
BY OaDD OP THE CITY PLANKING AND ZONING C<HtiSSION.
I • •
I
•
• ..
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
November 24, 1980 ~L LITTLE DRY CREEK
INITIATED BY Director of Engineering Services
ACTION PROPOSED Instruct the City Attorney to prepare Ordinance
•
approving agreement
INTRODUCTION
This is an agreement with the Urban Drainage and Flood Control District
whereby they will reimburse the City for 50\ of the purchase price of
the land at Clarkson and Jefferson Drive.
BACKGROUND
In the present plan for improvements to Little Dry Creek there is a
need for additional flood detention facilities. One of the possible
locations is the athletic field at the High School. The entrance to
the detention area would be at the corner of Jefferson Drive and
Clarkson Street.. This property was for sale and the City Council
authorized its purchase. This contract will allow the Urban Drainage
District to reimburse us for part of that purchase.
FINANCIAL DETAILS
Will bring in approximately $15,500 to the City for 50\ reimbursement
of purchase of property.
RECOMMENDATIONS
Council instruct the attorney to prepare ordinance approving contract.
•
I • •
'
•
•
• •
A';P(ll'' ~T ~l G~~Ol G
ACOUJSJ 11 N Q< I•Gr< TY fO~ 'LOCO CC'HRC\L
p •,R) l' I~ OS LITT LE CRt CPU> (ARAPAHOE)
80-10.3
THIS AG ~[ [I'[ NT, 011 de this -----day o f ·----· 1980,
by and bet>< e " the CITY OF ENGLEWOOD (hereina fte r c a 11ed "CITY ") and the UR BAN
DRA I NAG E AI•D FLOOD CO ~T ~OL OISIRICT (he r ei na fte r c alled "DIS TRICT ");
\I I PoE SS ETH :
~H EREAS , DISTRI CT, 1n a pol i cy s t atl!"le " previ ou s l y adopted (Resolu ti on No .
14, Series of 1970). e>pres s ed an in t erest to assis t pu b lic bod i e s which have
here to f ore en acted fl oo dpla i n zoninQ nea s ur ~s; and
IMEREAS , CITY 1S r eoulat>nQ t he floodolai n o f Li ttle Dry Creek ; an d
WHEREAS, DISTR I CT ha s hereto fo r e ado p ed a 5 -Y e a r Ca pllal l!rp r ov ement Pro-
qram t ha t a11o cates 5633 ,900 dur i ng 19!\0 for the Dis tr i c t's s hare o f drainage
and fl ood control ac tivi i es on Little Dry Cr e ek (Res o l ution No . 59, Seri es of
I 079 ); and
WHEREAS , a rr.as t e r pl an for Li ttl e Dry Creek was como leted in Fe bruary 1974
by McCa11-E11 ings on & llo r ri11, Inc. for DI STR ICT, EN GL EWOOD , Ara pahoe Co unty,
Cherry Hi 11 s Vi 11age, and Greenwood Vi 11aqe in which conceptua 1 p 1 ans for drain-
aqe imp rovemen t s on Li ttle Dr y Creek t hrough Englewood were set forth therein;
and
WHEREAS, EN GLEW OOD recei ved addit ional s tudies by Sellards and Grigg regard-
i ng improveme nts on Li ttle Dry Creek through ENGLEWOOD which included the recom-
mendation for provis i on of a detention facility on Englewood School DISTRICT property
in the vic inity of Jeffers on Drive a nd Clarkson ; and
WHEREA S , the Board of Directors of DISTRICT ha s authori zed DISTRICT to par-
ti ci pate with Ell GL HI OO D in the desiqn of i mprovem ents on Little Dry Creek from
the Sou th Pla t t e Ri ver ups tream to Santa Fe Drive a na in the a cqu i siti on of r iqht-
of-way r ea uired for the i mprovements i n that r e ach (Reso lu t ion No. 61, Ser ies
o f 1978); and
IIH EREAS', the Engl e wood Sc hoo l DI SB ICT has indicated that School DISHICT property
ca n be used for a deten t ion fa cili ty; an d
I!HERE AS , construction of the deten t ion facility will al s o require the acqui-
sition of pr iva te property adjacent to t he Enalewood Schoo l DISTRICT property; and
WHEREAS, ENGLE\IOOD ha s been negoti ating with two property owne r s for property
l ocated at the s outhwes t corne r of J efferson Drive and Cl ark son, which pro~er-
tie s a re re11uir ed i n o rder t o construct the propo s ed detention facility; and
,, .
•
I • •
I
~
'i .
I
•
•
• .. •
IIH[~(AS , £ ·ll 000 ~os reouestl'd DISTRICT to l"!r >clpate In ~ purchase
o f th properties whi c h 1S ~st1 ted to cost not onere t~on $31,000 1nclud1ng
oppralSal fees ond ne~ot iatlno cos s; and
WHEREAS, DISTRICT has hert'tofore adopted a Spec>al Rev enue fund Budget for
Calendar Year 1980 subsequ nt to a publ1c heanng (Resolu t ion No. 55, Serl u of
1979) wh ich I ncluded funds for construc t1on of i"'Provemo nts on little Dry Creek
and the acqulSition of the requ ired right-of-way; and
WHEREAS, assum l ng the property owners desi r e to sell the pr operti es, fNGL£-
WOOD and DISTRICT deem .i t appropriate to proce ed j o i ntly with the acquisiti on
of t he properties;
NOW, THER EFORE, i n con sidera tion of the l'lUtual promises con ta ined herei n,
the Parties agree as f ollows:
l. SCOP£ Of THIS AG RWIE NT
This A~re ement define s the responsi biliti es and f i nancia l commi tment
of CITY and DIST RICT with r espec t to the a cqu isition i n fee siMp le of proper ty ·
as defined herein.
2 . SCOPE OF PRO J ECT
The project will consis t of acquisition of parcels ad jacent to Engle-
wood High School on Lit tle Dry Creek in Eng lewood related to detention facili-
ties. These parce_ls are located at the corner of Jefferson Drive and Clarkson.
The project detention facilities are shown in a report entitled "little Dr.(
Creek Plan," drawing No . 2A of 2a, Dated February 1978, by Sellards and Grigg,
Inc. and u identified i n color on Attachment A.
3. PUBLI C liECESSJTY
CITY and DI STRI CT a gree that the right -of-way acquired pursuant to
this A9reement 1S necess ary for the co nstruc ti on of improvements required for
the health, sa fety, com fort, convenience an~ welfare of all the people of the
State, and a r e of specia l be nefit to the inha bita nts of DI STRICT and the prop-
e rty the re in.
4 . PRO JECT COS T
•P ro jec t cost s hall consist of and be 1 imi ted to the purcha se price
of the right -of-wa y defined in Section 2 of th is Agreement . It Is understood
t hat the estimated max i mum cost of the two sets of right-of-way acquisitions
is as follows:
A. Riqht-of-Hay
B. Ap pra isal, Negoti ation & Legal Fees
C. To t a l
•
$20,000
__l,QQQ_
$31 ,000
..
I • •
•
•
•
,. •
By mu t ual agreeme nt, CITY and DIST RICT may sha re in the cost of
app r a1 S1 l s , legal fe e s an d negoti ating c os t s as>oc ia ted w>t h the acqu1 -
s > t i on on a SO -!iO bas is.
5. f.l ANCI AL CO'-IMITHENT OF CITY AND DI STR I CT
CIT Y ar>d DIST RI CT ac r e e that or o j e c t co sts a s defined in Section
4 of t his Aor eenen t s ha ll be shared on a 50-SO basi s . For the purpose of
thi s Agre eme nt CITY and DI STRI CT s ha ll each be c011111itted to a maximum of
Sl S,SO Dunle.s f urthe r a ppr ova l i s oran ted by each party.
6 . RIG HT-OF -!oiAY AC OU I SITION
CITY s hall be r es oonsi ble for acquir i ng, subject to approval of
DISTRICT, s uc h land or i nte rest i n land as def ined in Section 2 ·of this
Agreement .
6 .1 Coord i na t i on . CIT Y sha ll obtain approval of DISTRICT prior
t o a cqu is ltion o f pr oo ert i es acouired oursuant to this Agreement. Re-
quests for such approval shall include fo.,.l appraisals of the prop-
erty, l egal desc ript i on s of the prooerty, and other info.,.tion deerred
appropraite to the acqui s iti on .
6 .2 Payment for Riqht-of -Wa y. Following pu rchase of property or
receipt of executed merorandum of Agreeme nt between CITY and property
owner COtmlittinq property owner to s ell property to CITY at a price
certain and on a date certain, CITY shall so advise DISTRICT and request
payment of DISTRIC T's ~hare. DISTRICT shall r@lllit to CITY within 30
days of receipt of such reques t the DISTRICT's share (50S) of the pur-
chase or ice with suc h payment not exceeding the estimated cost as set
forth in Sec tion 5 of th is Agre eme nt without prior approval of DISTRICT.
In no event will DISTRICT be obl iga ted to remit DISTRICT share more
than 30 days pr i or to the clos inq date of the prooe rty transact i on frooo
the owner to C lTV .
6 .3 Owner s hio of Property and Limitation of Use. CITY shall own
the property acquired pursuant to this Agreel'lent an d shall be responsi-
ble (or maintenance of s ame subjec t to the terms set forth below. It
is specifically unde r stood that the right-of-way is be i ng acquired for
flood control purposes . The properties shall not be used for any pur-
pose tha t will dim ini s h or preclude their use for f1 ood control purposes
or the con s tructi on of detention facilities. These parcels may not be dis-
po s ed of wi thout t he prior ap proval of the District. Should they be dis-
posed of by the City, the Dis trict shall be reimbursed 501 of the amount
received or the a mo unt the District s hared in the cost, whichever is greater •
•
.,. r,
t
1--,.
I
I
I .,
!
I • •
..
( ~E AL)
ATHST:
(SI AL)
Alll~T·
----
\
•
•
• •
T~[ li~RA~ OO.AJ ~AGl A~O
II 000 CO'ITROL DISlP.ICT
By_
Date -----------
CITY Of l~GI fWOOO
By
ttl~
I • •
(t
•
•
• •
EXHIBIT A
Rpqard1ng· ACOUISITIO~ OF PROPERTY FOR FLOOU (O ~TROL IM kJVE!"ENTS ON
ll TTLE ORY CREEK (A RAPAHOE)
•
I • •
(t
•
•
• •
AG l fl 't ~T R£r.~P O IN~
151 110\ OF rRO Pl RTY r~q fl OOD ((l,',J ROL
,,.. Q,'[f'(lll \ C.~ I I 1 [ ORY C~ l (A AAPA H'lE)
!PIS ~r.KED '£NT, r'ade this nay o f • 1980,
bv olnd bo•.een the CITY OF [W.L[IJDOO (hereina fter c alled "CITY") and the URBA N
DRA!tl~GE 1,'10 FLOO~ C0 N!POL DISTRICT (herei nafter called "DIS TPICT");
\i IT oESSETH:
\:ltERE~S. DISTRICT , in a pollcy s aterent p r evi ou sly adop ted (Resolution No .
14, Ser>es o f 19 70 ), e>prcssed an interest to •ssis t public bodies whic h have
eretufore enac~e d floodplai n 10 ni na reasureos; a nd
\I 'IERlA;, CITY is r co ul a~i n q ~.e floodnlai n of Li ttle Dry Creek; a nd
WHERE~S . DISTR ICT has heretofore adopted a 5-Year Capital Imp rovemen t Pro -
qram that allocates $6 33 ,9DO during 19110 for ~he Distr ict's s hare of draina ge
and flood control ac ivities o n L1 tle Dr y Creek (Resolution No. 59 , Se r i es o f
1079); an d
HHER EAS, a maste r plan for Little Dry Creek was comole ted i n February 1974
by Mc Ca ll-Ell ingson & 1or r i ll, Inc. for DISTRICT , E lf.LEWOO D, Arapahoe County ,
Che rry Hi 11 s Vi 11 a ge , and r.reem;ood Vi 11 a ge in >~hi ch c onceptua 1 plans f or drain-
aqe i mp r o ve r:1e nts on L itt 1 e Dry Creek through Eng lewood were se t forth ther ein:
and
WHEREAS, ENGLEHOOD rece i ved addi tional s tudies by Sellards and Grigg regard-
i ng im provecnents on Little Dry Creek through ENGLEWO OD which included the r ecom-
ne ndation for pr oviSIOn of a detention f acil i ty on En gle1•ood School OISTRI CT property
in the vicinity of Jefferson Dr i ve and Clark son i and
WHE REAS , the Boa r d of Directors of DISTRICT has authorized DISTRICT to par -
t i cipate with ENGLEI:OOD in the desiqn of i mprove_nents on Little Dry Creek from
the So uth Platte Rive r u ps tream to Sa nta Fe Drive and in the acquis ition of r i qht-
o f -~<ay requi r ed f or the in•p r cve,.,en t s i n tha t r e ach (Res ol uti on No . 61, Ser i es
of 1978); and
f:H FREAS , t he Engl e,ood Schoo l DISB I CT has indicated tha t School DI ST~I CT property
can be us ed f or a detention f aci 1 ity; and
IIHER EAS , cons t rue t ion of the detention fa c i 1 ity wi 11 also req u i re the acqui-
sit i o n of pr i vn te p r ope rty ad jace nt t o the Enn l ewood School DISTRICT prope rty ; and
fiHEREAS , ENGLE\IOOD has bee n nego tiat i ng •·li th two property owners for property
loca ted a t th~ so uthv1~s t cor ne r of Jef f erson Dri ve a nd Cl ark s on, which proper-
ti"c; a re re'1uirPr1 in orcl t:!r to co nstruct he propos ed dc>t C'n lion facility; and
•
I • •
•
•
• •
1.~. l'.~lf\o100 t.a, rt1ueHod OISTQI(T to partll1pate >n th purc~as
o f pro:.trt P\ wh1c " "'' ima'Pd o lO•t r • •.o rt •to n S31,DOO Incl uding
·~·f'rctl>d} ( f>\ ttnd nett !,.1 ttnn t.O\ ,.;, ard
~··lrLAS, UISIPIU lo•s ho•e o'cre JuptPd a SIPC>al Re,~n"' fur.d Budoet for
Calendar Ye ar JqRo \ubse1uen t o a P•~llt hearing (~e· olotion '•o . 55 , Series of
1 /91 wl ith >nclurlPd f"nds for connruction o f i"'''rov• nt on lfttlP Dry Creek
and he acqu1t.i ion of lht' rPqu\red ncht·or .. wa y; dnd
\Hf~E AS, a·'" ino the p r o~er y O<ntrs deSire to se ll the pro~ertie s , £Nr.LE-
Wl00 and DISTRICT deem It ap,r opriate o proceed join t ly with the acquisition
of the propert ies ;
I OW, TIIERHO~E. i n consi de r ation o he .,-u:u al pr o.,ises con tained herei n ,
the Parties a9ree as follow"
1. SfQP£ Qf Ht,J.S_ f:_GRfl'.E t<.!_
lhis orf\P~Pn t define s t he r rCiponsibll i ties and f inancia l corrm i me nt
of CITY and DIST RIC T wi th rc,pect to the acqu iSI ion i n fe e sir;ple o f pr operty
as de f ined herei n .
2. SCOPE .Qf. P_R_O_,J~C.I.
The project will consist o f acquisi t ion of parce l s adja ce nt to En g le-
wood Hig h Schoo l on little Dry Creek in Eng l ew ood r e l a ted t o detent i o n facili-
ties. Th ese pa r ce l s are located a t the c orner o f J efferson Drive and Clarkso n .
The proj ect detention f a cil itie s a re s hown i n a r eport entitled "little Dry
Creek Plan," drawing No . 2A of 2a, Dated Fe bruary 1978, by Sellards and Grigg,
Inc . and a s i de ntif i ed in color on At ta c hmen t A.
3. PUBLI C IIECESS ITY
CITY and DISTPICT a g r ee t hat the r iqht -o f -way acqu i red pursuant to
this Agreeme nt is ne c essa ry fo r the constru c t i on o f i mprovements re quired f or
t he health , safe ty, com fort , conve nience a nd welfare o f all the ?eople of the
Sta t e , a nd a r e of spec i a 1 he ne fi t t o he i habitants .of 01 STRICT a nd the pro o-
ert y therei n .
4 . P R OJ~ COST
e Pr~jec t cos t shall consis t o f and be li mi ted to the purc ha s e rr ice
•
(t
•
of the ri gh t -o f-way defined i n Section 2 of t his Ag reeme nt. It is unders tood
tha t the estimated l'laximum cos t o f the tw o sets o f riqht-of-way acq uisit i ons
is as fo ll ows:
A. Riq ht-of-ll ay
B. Apprai s a l , N e~otia io n & Leqa l fees
C. To ta l
•
S2 0 ,000
__ J_,QQQ...
S3 1 ,00 0 I • •
•
•
• -
81 tual ar,oee, n , CIIY acd [oJ~l~ICT ""'Y share i n t he cost of
s1l•nn on a 50···0 bds1s.
5. r:·~·.·I AL_ C "J'M('I 0 (!TY A110 DI<JPIC!_
CITY and DI~HICT aoree !teat orOJCC cos s as defined in Se c ion
4 of thls Aarerr~t-:.n t s hall be '.hdred on a SO-SO t.asis. ~o r t he pu rpose of
th is AgrPeme nt CITY and DISTRICT shall each be com•t ed to a m.niMum of
S15 ,500unless fur her •rpr o v•l 1S aron ted by e ach party.
6.
CITY shall be resoonSJb l e f o r a cq uiring , subject to approval of
DISTR ICT, such land or in t erest 1n l a nd as defined in Section 2 of this
Agreer.!c n t.
6 .1 Coordinati_!l~· CIT Y s hall ob tain approv al of DI STRIC T prior
t o acquisition o f ptoper ies acou i ~ed o~.~rs u an t to this AC1 r ttef"le nt. Re-
q ue s ts f or suc h a~p rova l shal l include formal ap pra i sals of the prop-
e rty, l ega l descrip ti ons o f t he pronerty , and o ther information deemed
appropra i e to t he acquisition.
6 .2 ~o r Riqh t -o f -Way. Foll owinq purc hase of property or
r ecei pt of executed mef'IOr andum of Agreement bet~<een Cl T'l and p r operty
owner co11111ittinq property owner to sell property to CITY at a price
certain and on a date certain , CITY shall so advise DISTR I CT and request
payment of DISTR ICT's share. DISTR ICT shall remit to CITY within 3D
da ys of rec eipt of such r eques t the DISTRICT's sha re (50%) of the pur-
chase orice with s uc h pa ,vnent not exceeding the estimated cost as set
forth in Section 5 of this Agreeme nt without prio r ap prova l of DISTRICT .
In no event >lill DI ST RICT be o bli a ated to remit DISTRICT sha re mare
than 30 days p rior t o the c l osi ng da te of the or ooerty tran s action from
the o~<ner to CITY.
6.3 Ow~s~ of~.':Y_~m itation of Us e. CITY sha ll own
the p r operty acquired pu r sua nt to this Agreeme nt and s ha ll be responsi-
ble for mai ntenance o f same s ubject to the te rms set fort h below. It
is spe c i f i ca ll y un ders tood that the right-of-way is being acquired for
flood co ntrol purposes. The o r operties shall "not be used fo r any pur-
p o~e that will di mi n ish o r p rec lude thei r u se for flood control purooses
or the co ns truction of deten tion f aci liti es. These parcel s may not be dis -
posed of >ntho ut the pri or apry roval of the District . Shou ld they be dis-
~ooe d o f by t he City , he Dis tri c t s hall be r ei .n bu r sed so::; of the amount
r~>r.eiv~d Or' the amuu nt the Di s t r i c t s hared i n the c ost, wh iche ver is greate r .
. .,
I
I
I
I
./
I
' 1
I • •
•
•
• •
·mf [I Q;c(, the ParttP\ hprp 0 have "aus.ea thiS
by properly autt.orued s.t~nat('lrirs as of he :Ja ("and ;Pdr 11bvvp written.
(~EAL )
ATTEST :
(SE AL)
ATTEST:
THE URRAN DPA ~AGE A~D
FLOOD CD\TROL DISTR ICT
By
Title Ex•cu tiv• Directo r
Date
CITY OF ENG LEWOOD
By ________ _
Ti tle. ____________ __
Da te _____________ ___
•
,_ .....
I
I
I
I
./
!
1
I • •
•
• ..
EXHIBIT A
Regarding: ACQUISI TION OF PROPERTY FOR FLOOD CONTROL IMPROVEMENTS ON
LITTLE DRY CREEK (ARAPAHOE)
I .
I • •
•
•
•
•
,. •
? A
BY AUTHORITY
ORDINANCE NO . .5 '1
SERIES OF 1980
COUNCI L BILL NO. 36
INTRODU CED' BY COUNCI L
l-IEMBER FITZPATRICK
AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE ·CITY OF
ENGLEWOOD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO
R-2-C, MEDIUM-DENSITY RESIDENCE, AND AMENDING THE OFFICIAL ZONING
MAP .
WHEREAS, pursuant to Section 22 .3 of the Comprehens{ve Zoning
Ordinance, a public hearing was held before the City Planning and
Zo ning Commission on July 22 , 1980 to rezone a certain parcel of
land within the City from R-1-C, Single-family Residence, to
R-2-C, Medium-Density Residence; and
WHEREAS, said Planning and Zoning Commission has considered
the proposed amendment and map change and on July 22, 1980 sub-
mitted its recommendation to the City Council for app roval thereof.
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the following described real property shall
be rezoned from R-1-C to R-2-C:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street intersects
the centerline of West Union Avenue; thence East along
the centerline of We st Union Avenue to its intersection
with the extended centerline of the alley east of 4700
South Bannock Street; thence South along the ce nterline
of said alley to the centerline of we·st Layton Avenue;
thence West along the centerline of West Layton Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Cherokee Street; thence North
along said alley to the point of beginning, Arapahoe
County, Colorado.
Section 2. The Official Zon ing Map of the City o f Englewood,
colorado, is hereby amended accordingly .
Introduced , read in full, and passed on first reading on the
18th day of August, 1980 .
•
I • •
•
•
•
Published as a Bill for an Ordinance on the 20th day of
August, 1980.
Read by title and passed on final reading on the 8th day
of December, 1980.
Published by title as Ordinance No. _______ , Series of
1980, on the lOth day of December, 1980.
Mayor
Attest:
ex off1c1o C1ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
~ity of EngleWood, Colorado, hereby certify that the foregoing
1s a true, accurate and complete copy of the Ordinance passed
on final reading and published by title as Ordinance No. ____ __
Series of 1980.
-2-
•
I • •
•
ORDI A CE NO. 1
SERIES OF 1 9 8~~~
•
•
,. -
BY AUTHORITY
COUNC IL BILL NO. 3 6
INTRO DUCED' BY COUNCI L
MEN BER FITZPATRICK
AN ORDilANCE REZONING CERTAI REAL PROPERTY WITHIN THE·CITY OF
ENGLEWOOD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO
R-2-C , MEDIUM-DENSITY RESIDENCE, AND AMENDING THE OFFICIAL ZONING
MAP.
WHEREAS, pursuant to Section 2 2.3 of the Comprehens{ve Zoning
Ordinance, a public hearing was held be f ore the City Planning and
Zoning Commission on July 22, 1980 to rezone a c ertain parce l o f
land with in the City from R-1-C, Single -family Re sidence, to
R-2 -C, Medium-Density Residence; and
WHEREAS, said Planning and Zoning Commis s ion has considered
the proposed amendment and map change and on July 22 , 1980 sub-
mitted its recommendation to the City Council for approval thereof .
NOW, THEREFORE, BE IT ORD AINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO:
Section 1 . That the fol lowing describ ed real prope r ty shall
be rezone d from R-1-C to R-2-C:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street in te rsects
the centerlin e of West Union Avenue; thence East along
the centerline of West Union Avenue to its inters ection
with the extended centerline of the alley east of 4700
South Bannock Street; thence South along the centerline
of said alley to the centerline of W~s t Layton Avenue;
thence West along the cente rl ine of West Layton Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Che roke e Street; thence North
along said alley to the point of beginning, Arapahoe
County , Colorado.
Section 2. The Official Zoning Map of the City of En glewood ,
Colorado, is hereby ame nded a c cordingly.
Introduced , read in full, an d passed on first reading on t he
18th day of August, 198 0 .
i
I ,
j
1
I • •
•
•
•
Published as a Bill for an Ordinance on the 20th day of
August, 1980.
Read by title and passed on final reading on the 8th day
of December, 1980.
Published by title as Ordinance No. _______ , Series of
1980, on the lOth day of December, 1980.
Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
~ity of Englewood, Colorado, hereby certify that the foregoing
1s a true, accurate and complete copy of the Ordinance passed
on final reading and published by title as Ordinance No. ____ __
Series of 1980.
-2-
•
I • •
~In
' ..
•
• • ,
•
•
•
,. •
RESOLUT I ON NO~--~-' SERIES OF 1980 7 B
A RESO LU TION PR OVIDING FO R TH E NOTICE OF SAL E OF SP EC IA L
ASS ESSMENT BOND S FOR DOWNTOWN IMP RO VEM EN T DI STR I CT NO. 1980 -l, IN
THE PRINCIPAL AMOUNT OF $398,800.
WHEREAS, by Ordinance No. 35, Series of 1980, finally
passed and adopted on October 6, 1980, the City Council has
created Downtown Improvement District No. 1980-1, in the City of
Englewood, for the purpose of constructing and installing 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; and
WHEREAS, the City Council has determined that it is
necessary to provide for the issuance of bonds in the amount not
exceeding $398,800 to pay for part of the cost of said improve-
ments, the principal of and interest on the bonds to be payable
from special assessments to be levied against the property within
the District and specially benefited by the improvements to be
constructed and installed; and
WHEREAS, in accordance with the provisions of the City
Charter, it is necessary to advertise for the sale of said bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
1. That notice of sale of bonds of the City for Down-
town Improvement District No. 1980-1, in the principal amount of
$3 98,800, shall be given by publication in one issue of the
Englewood Sentinel, a newspaper published and of general circula-
tion i n the City, in the edition dated December 10, 1980.
2. The form of the notice of sale shall be substan-
tially as follows:
- 1 -
•
I • •
I
•
•
• -
NOTICE OF SALE
CITY OF ENGLEWOOD, COLORADO
DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1
SPECIAL ASSESSMENT BONDS, $398,800
BID OPENING: MONDAY, January 5, 1981
2:00 P.M. M.S.T.
NOTICE IS HEREBY GIVEN That the City of Englewood,
Colorado, will receive sealed bids at the office of the Director
of Finance at the Municipal Building, 3400 So. Elati Street, in
Englewood, Colorado, until 2:00 P.M., on Monday, January 5,
1981 , for the purchase of Special Assessment Bonds in the princi-
pal amount of $398,800, of the City of Englewood, Colorado for
Downtown Improvement District No. 1980-1. The bonds will be dated
February 1, 1981 and due August 1, 1992, subject to prior redemp-
tion in direct numerical order on any interest payment date upon
thirty (30) days published notice, upon payment of par and accrued
interest. The bonds shall be in the denomination of $1,000 each,
numbered 1 to 399, inclusive, except for Bond No. 1 which will be
$800.
The interest on the bonds shall be payable on August 1,
1981, and semiannually thereafter on February 1 and August 1, each
year, to be evidenced by one or more sets of interest coupons.
For the purpose of comparison only, bids shall be
submitted on the following estimated dates of payment:
Amount Estimated Pa:t!!!ent Date
138,800 August 1 , 1982
80,000 August 1 , 1983
50,000 August 1 , 1984
$ 40,000 August 1 , 1985
40,000 August 1 , 1986
25,000 August 1 , 1987
25,000 August 1 , 1988
The above estimated payment dates are based upon past
experience of redemption by the City and their accuracy is not
guaranteed.
The principal of and interest on the bonds shall be
payable at The First National Bank of Englewood, in Englewood,
Colorado.
- 2 -
•
I • •
rt
•
•
• -
The b o nds will bear interest at a maximum net effective
interest rate not exceeding 15' per annum, and will be sold at not
less than par and accrued interest to the date of delivery.
Different or separate •A• and •B• coupon rates may be bid for each
estimated payment date, but bids based on split coupon rates for
any one estimated payment date will not be accepted.
Subject to the right of the City to reject any and all
bids received, the bonds will be awarded on the bid representing
the lowest net cost to the City based upon the estimated dates of
payment as set forth above.
The bonds are being issued to pay part of the cost of
constructing and installing 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. The
bonds are payable solely from special assessments to be levied
against the property within the District specially benefited by
the construction and installation of the improvements. In addi-
tion, the Charter of the City and the ordinance authorizing the
issuance of bonds provide: •whenever a Public Improvement District
has paid and cancelled four-fifths (4/5) of its bonds outstanding,
and for any reason the remaining assessments are not paid in time
to take up the final bonds of the district and interest thereon,
then the City shall pay said bonds when due and interest due
thereon and reimburse itself by collecting the unpaid assessments
due said district•.
All bids must be unconditional and shall be accompanied
by a cashier's or certified check in the amount of $8,000, pay-
able to the City of Englewood. Checks of unsuccessful bidders
will be promptly returned. The good faith deposit will be
credited to the purchaser at the time delivery of the bonds is
made; if the successful bidder shall fail or neglect to complete
the purchase of the bonds in accordance with the bid, the amount
of the deposit shall be held by the City as liquidated damages.
The City of Englewood reserves -the privilege of waiving
any defect or irregularity in any bid, and the right to reject any
and all bids for the purchase of said bonds.
The award of the bonds will be made by the City Council
at the regular meeting on January 5, 1981, at 7:30P.M., or at an
adjournment of the regular Council meeting on that date.
Delivery of the bonds will be made at any bank or trust
company in either Englewood or Denver, Colorado, or elsewhere at
the request and expense of the purchaser. It is anticipated that
delivery of the bonds will be on or about February 24, 1981.
The City will furnish the executed bonds, a certified
transcript of legal proceedings and the approving legal opinion.
The legality of the bonds will be approved by Messrs. Lamm Stowe
Braymer & Wisor, P.C., Attorneys at Law, Denver, Colorado, whose
- 3 -
•
I • •
•
•
• .. -
legal opinion will be printed on each bond. Bond counsel's
approving opinion will recite, in conventional form, that bond
counsel has examined the Constitution and Laws of the State of
Colorado and the Charter of the City, a certified copy of the
record of the proceedings of the City taken preliminary to and in
the issuance of the bonds, and bond numbered one of said issue,
and that the Bond has been properly executed and is in due legal
form. The opinion will state that the bonds are valid and legally
binding upon the City and that the obligations incurred by the
City in issuing the bonds are subject to applicable laws of
bankruptcy and the reasonable exercise of the police power of the
State. The last paragraph of the opinion will express an unquali-
fied opinion as to the exe•ption of interest on the bonds fr011
federal taxation and from taxation by the State of Colorado.
The matters passed upon by bond counsel do not extend
beyond those mentioned in the preceding paragraph. The opinion
will state that bond counsel has not independently investigated
or verified the adequacy and accuracy of the information con-
tained 1n the Official Statement, Prospectus, Offering Circular or
other siNilar do~uments, if any, and therefore assumes no re-
sponsibility for the accuracy, completeness or fairness of any
statements made in connection .with any purchase or sale of any of
the bonds.
Additional information concerning this issue and the
City may be obtained from Mr. Gary R. Higbee, Director of Finance,
Municipal Building, 3400 So. Elati Street, Englewood, Colorado
80110, or from Hanifen, Imhoff Inc., 1125 Seventeenth Street,
Suite 1700, Denver, Colorado 80202, the financial consultant to
the City. The City Council has expressly consented in writing to
authorize Hanifen, Imhoff Inc., either alone or with others, to
submit a bid for the purchase of this issue of bonds.
DATED at Englewood, Colorado, as of the 8th day of
December, 1 980.
( S E A L )
ATTEST:
/s/ Gary R. Higbee
Director of Finance,
City of Englewood, Colorado
Publish in: Englewood Sentinel
Publish on: December 10, 1980
·.
/s/ Eugene L. Otis
Mayor
City of Englewood, Colorado
- 4 -
•
I •
. . .
•
•
• .. •
3. In addition to the publication of the notice of
sale, the Director of Finance and the Financial Consultant are
authorized to forward a copy of the prospectus and notice of sale
to those investment banking f1rms, banks and others who might be
1nterested in bidding on bonds of the City. The prior action of
the City Council in designating Hanifen, Imhoff Inc., as Finan-
cial Consultant to the City, in connection with Downtown Improve-
ment District No. 1980-1, is hereby ratified and approved:
and that the fee paid or to be paid to such firm is fair and
reasonable compensation for services in acting as Financial
Consultant.
4. That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid, such
judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution, it being the intention that the
various provisions hereof are severable.
ADOPTED AND APPROVED This 8th day of December, 1980.
( S E A L )
Mayor
ATTEST:
Director of Finance
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer, Director
of Finance, of the City of Englewood, Colorado, do hereby certify
that the above and foregoing is a true, accurate and complete copy
of Resolution No. , Series of 1980.
- 5 -
•
·I
I
:
I • •
-
(
~ .,
(
•
.·,
I
I
VERN Ml\NN,
vs.
•
• •
IN THE DISTRICT COU RT I~ A 'D ron THr
COUNTY f' ARl\PAII OE A!l')
'J1N:E OF COLORADO
Civll Ac t 1'>n No. 80CVH0 5 , D1v.
Pl.1int i ff,
MOTION TO DISM ISS
CtTY OF ENGLEWOOD,
0<-tendant.
7
NOW COMES the Ci y of Englewood, by and through he office
of the City Atto r ney , R1ck OeW1lt, Act ing City Attorney, and
moves this Court f or an Order d1amia ain the above captioned
ma tter.
AS GROUN DS THEREFOR, i is shovn unto the Court as follows•
l. That the compla1nt o f Plaintiff fa il s to state a claim
fo r which r elief c an be granted.
2. That the c laim of Plaintiff i s barred by Colorado
Revised Statutes '73, 13-10-1303, which requires that all eon-
tested election matters be filed with the District Court within
ten days after c anvassing of votea.
3. That the Ci ty of Engl ewood is not bound by those
secti ons of the Colorado Re vised Statutes c i ted in Plainti ff 's
c ompla i nt, to w~t : C.R.S .• 73, 31-4-504, for the City of
En glewood i s a home rule city with author i ty as derived from
the Constitut ion of Col o r ad o and its Home Rule Charter .
4. That Plaintiff has fa i led to file with the Clerk of
the Co u rt a bond wi th suret ies to be approved by the District
Court as required by C.R.S.'73, 31 -10-1302 .
s. That Defe ndant he rewi th files its Memo randum Brief
i n support of its Motion to Di smiss.
•
L;.
-.
,·•·(-J
I :.~
I ·.•
t .,~ ··~ . ..,
-~·. ..
j .
--~-
l .. ·.,
. . ,. ..
·' ·' ,.
"
. ..
.. '
•' • I
q·
...
I • •
(
...
'
I
(
... . · ,·
•
•
• •
Dated thl s .3-~a y of r:ovcmber, 1980 .
Ce fen dan t • s 1\c:U re s s:
3400 South Elati
Englewoo d , CO 801 10
Respectfully s ubmitted,
~ERTIFJ CATE OF ~~!L I NG
I HEREB Y CERTIFY that I have this day o f Nove mber ,
1980 mailed a t rue copy o f the foregoing Mot1on to Dismiss
toge ther with a t rue c opy of Memorandum Brief i n Support o f
Motion to Dis m ~ss to attorn ey for P l ainti f f , Wi lliam A. Powers,
2676 West Alamo ~ven ue , Littleton , CO 80 12 0, by depos i t i n g the
same i n the Un i t e d States mail s , p o stage prepa i d.
,.
I .
•
l ,.
r
' '
:;..~'.!~.;
'1.-::
·~·.
1 ;
·l t
!
l
l ....
..
·J I ., I
-~ I ·J .
~ ,,
.i • i
I I
.l . .. :· '··. ~
I ,"• t
/ t
;,~
I • •
i
-~
• n '.L'
r
(
•
.,
I
/
/
I
•
•
.. •
lN TH 01 TRICT COU RT l. ~~D ~ R Th
co·r-·N .. Y • ARAPAHOE :.0
STATE OF COLORADO
·1vil c 10n No. 8 0C.l405 , 01v.
VERN MANN ,
Plaintiff,
va.
MEMORANDUM BRIEF
IN SUPPORT OF
MOTION TO DISMISS
CITY OF ENG LE WOOD ,
Defendant.
NOW COMES the City of Englewood, and in support of ita
Motion to Dismiss the above matter, submits ita Memorandum
Brie! as follows:
STATEMENT OF FACTS
The City o! Englewood accepts, for purpose• o! ita Motion
to Dismiss, the truth of Plaintiff'• c omplaint aa !ollowa:
1. That Vern Mann was a Councilman for the City o!
Englewood and was recalled on or about November 6, 1979 by
vote of the people of the City of Englewood.
2. The City acknowledges the correctness of the Exhib i t•
A and B attached to Plaintiff's complaint.
There is no significant dispute of fact. The cha racteriza-
tion of those facts with respect to the applicable law is at
issue.
The issues presented b y Plaintiff's comp laint are:
1. That Plaintiff has improperly relied on State Statute
in bringing this action when the q uestion of recall is governed
by the Colorado Const itution and the Englewood Home Rule Charter.
•
·"'·· I •' ,f • . ..~ ... t. ~ ..
I·.
I
I
I
''
I
I ·'
~ . .·
'·
'.'
,.
''
.. : ..
·.
I • •
v D
(
'"' ',: .. . , t • .~ ;
~ .,
' .,
... ;~ .:: :~i : ~ 'j . 1 ~
( .·.\,
·-~l .!,
' I . \ ·~!
'":1,...
1, . I
.. ;
I
(
/
I
,/
/
•
• •
2. Tha~ Pla inc itt u barred t ro b nrglng h •Jueati n o f
error in e 1 c i o ·n proce d ure for more h an ten days ha pea aed
ai nce th vot es have been canvaa aed.
3. That Plaintiff has faile d to fil e with the Clerk of
the Court a bond with sureties aa required by statut e.
ARGUME NT I.
The City of Englewood haa a Home Rule Charter which bee
been adopted pursuant to Article XX o f the Colorado Conatitution •
A copy of the applicable Home Ru l e Charter provieione in effect
on November 6, 1979 is attached hereto and incorporated by
reference as Exhibit 1. It is i~rtant to n ote that Article XXI
ot the Colorado Conetitution, a copy of which ie attached hereto
and incorporated by reference as Exhibit 2, epecifically Section 4
thereof, providee for recall of offieere. Thie Section providee
for 'allowing home rule municipalitiee to develop their own recall
provision• within the guideline• of the Colorado Conetitution •
Thia provision of the State Constitution ie •• follower
•until otherwise provided by l.v, the legieletive
body of any such county, city and county, city
and town may provide for the manner of exercis-
ing such reca ll powere in such countiea, c i t i ee
and counties, cities and tovna, but shall not
require any such recal l to be eigned by elector•
more in number than twenty-five percent of the
ent ire vote cast a t the last precedinq election,
as in Sect i on 1 hereof more particularly set
fo rth, for a ll the cand i d ates fo r office which
the i ncumben t sought to be recalled occ upies,
a s herei n above defined ."
See also Art ic le XX, Section 6~o f the Color&de Constitution
(Exhibit 3).
The Colorado Revised Statute• of 1973, as amended, 31-4-501,
provi de• that statutes are not t o be applied to Colorado ho ..
rule cities . I quote:
• ..• the provisi on of this part 5 shall apply
to all munici pa l ities excdpt to the extent
t h ac a munic ipalit y has a o pted provisions
pursuant to Article XX or XXI of the State
Const i tution incons i stent with this part s .•
(emphasis added)
-2-I • •
··-·~j~
----
(
(
•
• •
(
•
/
' 1
·.J
•I
-I
·1
I
/
I
I
•
•
,. •
The City of Englewood hao adopted prov. s1on Sect io~ 34
of Ar 1 ~le IV of 1ts Home Ru le Charter , which is c onta ·~e d in
Exhib it 1 at ached hereto. Th e p rovis ion provides as t oll a :
34:
HOKE RU LE CHAR TER
ARTICLE IV
RECALL
PROCEDU RES
T~ remove an elected o fficer from office, a petition
shall be c1rc ulated requesting the recall of aaid officer
and setting forth the reasons for his recall. The
petition , when signed by qualified elector• equal in
n umber to twenty-five percent (25\) of the number of
votes cast for the office he holds in the area he
represents in the last general municipal election, ia
to be file d with the City Clel!<,who will aet a data for
a recall election to be held within ninety (90) daya
following the filing of the petition, aubject to the
limitations set forth in Section 14 of thia Charter.
The elected officer to be recalled may either resiqn
or file with the City Clerk a notice of hia intention
·tO be a candidate in the recall election. Other
candidates for the office held by the elected officer
to be recalled will make their intentions known in
the manner prescribed in this Charter for nominating
candidates. The candidate receiving the highest num-
ber of votes in the election shall be declared holder
of the office in question. If the succesaful cand idate
is the elected officer whose recall is requested, he
shal l continue in office until the expiration o f his
term; if the successful candidate is someone o ther t h a n
the recal led officer, he shall fill out the unexpired
term of the recalled office r .
The r ecall p rovision of the Englewood Home Rule Charter ia
clearly permitted by both the Colorado Constitution, supra , and
the Colorado Revised Statutes, supra.
Now referring the Court to Exhibit A of Plaintiff's complain t,
the provisions of Section 34 we re expressly fo llowed in setting
up the ballot, Exhibit A of the complaint. The Englewood Home
Rule Charter, Section 34, states :
" ... the elected officer to be recalled may
either res i gn or fil e with the City Clerk a
not ice of his intention to be a c a ndidate in
the r ecall e l e c tion. Other c andidates for
the office held by the elected officer t o be
recalled will make their intentions kn o wn
in the mann e r prescribed i n this char t e r fo r
nominating candidates. The candidate
r eceiv ~ng the highes t number of votes in
the election s hall be declared the holder o f
the of fice ~n questi on."
-3-
~
I
'" :· .... \.
~ · . .,l .,
.f 'l :, ~
.. !
''· i ,: ' .. ,;. ~ ~ ...
·.~
H
·~ .
'' ·-. . J
'. ' '
I·;·'·-:>;·. :
' .
;.
. ·.!: ' .
.{
. ' • I • •
t . ~ ••.
·. l
,I
i
/
')
":'• ·~
n
·~.l
·':!
I
'I
:i
I
.,
• . 'J
I
( ,'
I
/
/
•
•
• .. •
The be l l t u aed conforms o the r e~ ·ir n t ..,! t .a
C arte r, h ree cand i dates were q ua lifie d, t hr e n a .. s were
on the b •llot, vote s were ca s t f o r e a ch , a nd .Joe BHo
r eceived t.he h iqh e a t n umb e r o f votea , Mr. Ma nn, t he plain tiff,
d>d n o •
ARG UMENTS II AND III
The r qu1rementofor conte stinq an election are eotabliohed
in the Colorad o Revised Sta t utes of 1973 , 31-10-1301, et aeq,r
"31-10-1303 . F i ling statenent -contents. The
contester shall f 1 le 1n the office o f the clerk
of the district court , within ten days after
the day when the votes are canvassed, a written
statement of his intention to contest the
election , aet ting forth the name of the conteotor,
that he ia a qualified elector of the municipality,
t h e name of the contestee , the office contested,
t h e t1me of election, and the particular c ause s
of the conte st. The statement shall be verified
by the affidavit of the contester or some q u a li-
fied elector of t h e municipa l ity that the causeo
set forth in s u ch stat ement are true to the best
of his knowledge and belief.•
P~view of the complaint pointa out 1ts glaring de fici e~cieo
that ere fetal.
1. The votes were canvassed on th e~day of November,
1979 . See a ttached Exh ibit 4. The act ion waa filed in District
Court approx i mately one year after the canvaeain9 of votes.
2. The complaint is not verified by an affidavit of the
contester or some q ua lified elector.
3. A reference t o C.R.S.'73, 31-10-1303(2 ) reveals
addition al infirmities:
"(2 ) Before the district court is required to
take jur1sdict i o n o f the contest, the contester
must fi l e wi th the clerk of said court a bond,
wi th s u r e t i es , t o be app roved by the d istrict
j ud ge, running to said contestee and conditioned
t o pay all costs i n case of f ailure to mainta in
h i s contest ."
No bond i s on file . Defendant doubts if even an attempt
has been made to file such requ i red bond . The defendant point•
-4-
.•
'
'·
..
.. , ·'. I' ...
r, .· .. ~··
1''.::
\_
I· .
!.
I
I
: ~
~I
..
.. ~
;.
I • •
(
• i
•
(
/
/
•
',
I '/
' I
!
j
.'·j
. !
•
• •
out the des>re of the Legia latur t ~ nsura pro~t r a aolut 1on
of election matters so t hat elected officia l • can go on V>
the 1r r espons>blllties >n gove r ni n9. ~he 5 pre me Court haa
t1me and a ga>n suppor ed recall b y p r o v i d ing in n ume r o us caaa a
that the pow e r of recall ia to be li be ra l ly construed : Sh royer
y. ~. 550 P .2d 209 (1976); ~ y. Election Coaaiaaion ,
530 P .2d 955 (19 75); a n d ~ y. ~. 525 P .2d 41' (1 974).
ARGUME!IT IV.
In paragrapha 6 and 8 o f Pl a i n tiff '• eo.plaint , reference
ia aade to Pla i ntiff'• r i ght to uatify hia poa i tion on the
ba l lot and hia ob j ecti on to the ballot . The ae argument& have
been argued i n ARGUMENT I hereof . Th e poi nt ia mi eaed by
Plaintiff , a misconcept i on held by him aince NovemberS, 1979,
-~ day before the election. ~rankly, thia vee a nd ia an atte~t
by Plaintiff to attack the recall in every poa s ible aanner.
Should the City have followed 31-4-501 at seq., then Plaintiff
Mann would have objected that the City did not follow the Charter.
He never filed a justification for hie courae of action in office
wi th the City Clerk , not e ven on the day before the election.
The Ci t y does not want to belabor t he point. The plai ntiff
has misst ated the ap p l i cable l a w in th i s parti cular c aae. The
City of Englewood, be i ng a home rule municipal i ty , i s covered by
t he Colo rado Const i t ution and its Home Rule Charter . The pro-
v ision cited by Plain tiff i n the Colorado Rev i sed Statute&, t o
wit: ll-4-504 a nd 31-4-501, are not applicable, being excluded
by t he same pa r t (5) quoted.
-5-
•
...
. .. -...
..... 0
•' ·,
,·.
I • •
"' • '1;-,:..r,. J
')
-
•
•
(
•
• J
/
.,
.•·
..;,
·• .
I
I
I
/
•
• .. •
The City further pointe out the Proftftneaa re ~ired by the
Leg>alature. To ca.. eo late raises serious prob l~ concern L~q
qove rnme ntal acta occurrinq in t he one-year t ~ frame since
elect ion. The S ate of Colo r a do baa chosen not to allow such
indecision, in.::onvenience and question. The statute of limitation
is ten days aa required by C.R.S. '73, Jl-10-1303 , not one year.
The people of the City of Enqlewood have spoken on the
~tter. A re call election waa held, the votes caat, the peop le
have had the ir opportun i ty t o s peak. On the baaia of C to 1,
the plaintif f lost. know of no better way to decide who ie
entitled to t he office than by allowinq the people of the City
of Enqlewood to decide. The Supreme Court baa liberally inter-
preted the recall proviaiona. To aak this Court for the relief
requeated is not only a request to circu.vent Conatitituional
and ao.e Rule authority, it ia a deaire to circumvent the atroft9
public policy of this State in allowinq the people qoverned to
chooae who governs.
Respectfully aabaitted,
-6-
•
;~~i.~~~ ~ ·~·: ..
..... . :
I • • !·'
~
..... 1.
~. /'·J ; ...... ,.,
1
(
•
•
•
•
•
,. •
CERTIFICATION
I,.GARY R. HIGBEE, Director of Finance, ex officio City
Clerk-Treasurer of the City of Englewood, Colorado, hereby
certify under the seal of the City of Englewood the following
Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, and 34 of the
Englewood Home Rule Charter to be the Charter provisions in
effect up to and including November 6, 1979.
CERTIFIED to this day of November, 1980.
[SEAL)
Gary R. Higbee
EXHIBIT l
I • •
(
(
•
•
• -
ARTI CL ll
ELECTIO,
10 GE NERAL
All municipal elections shall be gov rn by the provis io ns of the Co lo rado
Municipal Elec:tion Laws, and u hert~after amended or modified. excep L as
otherwiae provided in this Charter. The ou ncil may adopt by ordinance such
rules and regulations in reepect to elec:tions including by reference any laws of!
thu state of Colorado not inconaiatent with the provision• of this Charter or t he
State Co.-stitution. as may be recommended by the lection Commission.
(Amended 11·2·65 )
11 : ELE CTION COMMISSION
There is hereby crMt«i an Election Commiaaion conaisting of tbe City Clerk
who shall be t he Chairman, and t wo q ualified electors of the Ci ty. Said Electon,
during their tenure in o ffi ce ahall not be City officlala or employ-or can:
dida tes for elective city offi ce. Council shall make initial appointments during
J anuary, 1959, fo r terms of one a n d three years; thenafter, appointments shall
be for four year terms.
The Elec tion CoiJlllliaaion shall eatablish prec:iDc:ta and appoint the election 1
judges ar.d clerks for each precinct a s provided in the Colorado Municipal I
E lection Laws and have charge of all o ther activities and duties required of it by
la w or this Charter. .
In case .,r a tie vote the Election Commislion shall determine by lo t the
person or persona who shall be elected. ·
Where muriicipal election procedure is in doubt, the Election Commission
shall prescribe the procedure to be followed.
12: MUNICIPAL ELECTIONS
A general ·mun.icipal election shall be held on tbe TIMaday aftw the first
Monday in November, 1959, and biennially th-fter. Special municipal
elections ~hall be held in accordance with the provisions of this Charter. The
po lli ng places aha1l be open from ~~even A .M. to ~~even P.M. election days.
13: REGISTRATION
Eligibili ty to vote and registration shall be u required or pmecribed by the
Colo ra do Municipal Election Laws . Qualified electors may register at the office
of the Cou'nty Clerk and Recorder or at the office of the City Clerk at such timee
and on such dates as may be provided by statute. The registration booka or
lis t s of the C:~unty Clerk and Recorder s hall be the registration booka or liata of
the City. Qualified electors, who are unable Lo register as provided above, may
regi s ter as provided by s tatute for absentee registration if eligible to do so.
(Amended 11·2·65)
14 : SPECIAL ELECTIONS
I 1 I General· Provisions -Subject to the limitations impelled by this
Charter, Council may call special electiona u necessary either by
1esolution or by ordinance. Notice of auch special elections shall be
published and shall cite the section of this Charter which governs the
proposition to be submitted t o t he electors. No special election shall
be held within forty·five (45 ) days before or after a general municipal
or state election. General state elections may be used for submission
C4
•
I • •
(
•
•
• •
HOME RULE CHARTER
of city proposiLions , ex cept as lirn il..ed by this Charter, and shall no L
be considered as special elections for city purposes. Any propo~al,
question or proposition may be submitted nt any gene ral or speciol
municipal election except as herein after li mited. T he ballot for a ll
el ections , excep t electi on of offi cers, shall s tate r iefi y the naturQ of
the proposition a nd shall provide approp riate m eans to vo te fo t 'or against the proposition.
(21 Number, Limited -
A. Not inore than one special election shall be held, under
provisions of Section .C6 of this Charter,: during any twe lve
mon th period ; p rovided , however, t ha t proposed initiated
ordinances, q ues tions or meas ures may be submitted at any
general mu nici pal or s tate elections, or a t special elections
called under provision of other s ections of this Charter as
li mited in Sec tion l<C (3 1 hereof.
B . An y proposition submi t ted under Sec ti on 77 of this Charter
•hall not again be submit ted under Section 77 for one year thereafter. ·
(3) Subject, Limi ted -Elections held under provfaiona of Section 8,
Section 77 and Section 104 of this Charter shall be held separate and
. a put from aU other elections and shall be limited to submission of
·only one proposition in any one election. (Amended 11·2-65)
15: NOMINATIONS FOR ELECTIVE MUNICIPAL OFFICE
Each candidate for an elective municipal office ehall be llOIDJDated by petition
signed by at leaet fifty qualified electors residing within the municipality, or tl1e district, from which the officer is to be elected.
Petition forms supplied by the City Clark may be circulated and signed not
more than forty·five days prior to the day of the election and shall be filad With
the City Clerk not less than twenty-five dnys prior thereto. Peti tions shall uo
circula ted and fil ed in accordance with Colorado Municipal Election Laws.
16 :
VOT I NG
The method of voting on all proposals and election of candidates "shall be as
the Election CommiSsion directs. The names of tile candidates norni.nel.ed for
public office shall be set up without party or otller designation and ahall be
arranged under the designation of the office according to aurnamll
alph••betically from A to Z and in reverse from Z to A in alternate precincts.
C5
I
I
I
I
I
I
·i
~~~..:;.,;;;;--· ~---~~~~-----r ..,------~-
•
I • •
•
•
•
•
• -
HO 1E lt LE HARTE R
17: ABSE TEE VOTING
In acconiance with Colo rado Mumcipal Election Laws , un ub se nL voter m'{ L
file with the City Clerk an application which may be m t he form of hI Lter fot an
absent voter's ballot not earlier than ninety days before and roL later than the
close of busi nes s on Friday immed1 ately preceding any muniCi pal el ect ion . The
manuer of casting such absentee ballot shall be in acco rdan ce w1 t h Colorado
MuniCipal Clection Laws . Such ballot must be in the hands of the City Clerk
not later than five P.M. on the day of the election. (Amended 11 · ·65)
18 : ELECTIONEER ING NEAR; POLLS
o person shall do any electioneering within one hundred feet of any polling
place on election day. · ·
34:
ARTICLE IV
RECALL
PROCEDURES
To remove an elected officer from office, a petitien shall be circulated
requesting the recall of said officer and setting forth the l'Sasons for his recall.
The pt~tition, when signed by qualified electors equal in number to twenty-five
percent (25%) of the number of vo tes cast for the office he hol ds in tho area he
represents in the last general municipal election, is to be filed with the City
Clerk, who will set a date for a recall election to be held within ni nety (90) days
follo wing the filing of the petition , subject to tho li mitations set forLh in Scct.ion
14 of t his Charter . The elected o fficer t o be recalled may either resign or file with
the City Clerk a notice of his intention to be a candidate in the recall election.
Other candidates for the office held by the elttcted officer · to be recalled will
make their intentions known in the rnenJler prescribed in this ChartM for
nominating candidates . The candidate receiving the highest number of votes in
the election shall be declared holder of the office in question. If the succeasful
candidate is the elected officer whos e recall is requested, he s ha ll continue in
office until the expira t ion of his term ; if the successful candidate is someone
other tha.n the recalled offi cer, he s hall fill out the unexpired term of the recalled
officer. (Amended 11 ·2·65)
•
I ~
1:'
r
\ ..
ii :;
li
II.
:;
ii
::
I • •
.'
I I
•
• •
.L
•
•
• -
c . 1 Cons tit ution of Colo r do 4
Adopted ovember 3, 1970 -Effe ctive Jan uary I, 19i:. (<;te La s 9,
p. ~~ 0.)
Cross r~tcren.cc . As to the power or I he chi·
u:ns or the ctty and county or Denver rc,arc.l·
in a nr:w charters . am e ndme nts or measures.
ICC § 5 of thi ' DrUcie .
Am. J•r. See S6 Am . Jur .:ld , Mun aoo pal
.
Co poroaao ns. Coun taos nd Otn;r Pohuul
Subcll vii!On s , f t27 .
C.J .S. See 16 C J S .. Conatitu iO onol Low ,
i 142 : C.2 C.J.S .. Munata pal ' Corporallun•.
§93.
ARTICLE XXI
Recall from Office
Section 1. State officers may be recalled. Every elective public officer of
the state of Colorado may be recalled from office at any time by the electors
entitled to vote for a successor of such in c um bent through the procedure
and in the manner herein provided for, which procedure shall be known as
the recall, and shall be in addition to and without excluding any other method
of removal provided by law .
The procedure hereunder to effect the recall of an elective public officer
shall be as follows : .
A petition signed by electors entitled to vote for a successor of the incum·
bent sought to be recalled equal in number to twenty-five percent of the entire
vote cast at the last preceding election for all candidates for tho positi on
which the incumbent sought to be recalled occupies, demandina an election
of the successor to the officer named in said petition. shall be filed in the
office in which petitions for nominations to office held by the incumbent
sought to be recalled are required to be filed ; provided, if more than one
person is required by law to be elected to fill the office of which the person
sought to be recalled is an incumbent, then the said petition shall be signed
by electors entitled to vote for a successor to the incumbent sought to be
recalled equal in number to twe nty-five percent of the entire vote cast at
the last preceding general e lection for all candidates for the office, to which
the incumbent sought to be recalled was elected as one of the officer s
thereof, said emire vote being divided by the nu mber of all officers elected
to such office . at the last pre ceding general election; and su ch petit ion shall
contain a general statement, in not more than two hundred words. of the
ground or grounds on which such recall is sought, which statement is intended
for the information of the electors, and t he el ectors shall be the sole a nd
exclusive ju dge s of the le galit y, reasonableness and sufficiency of such
ground or grounds assi gned for s uch recall , and said crounJ or grounus shall
not be open to review .
Added November 5, 1912. (See Laws 1913 , p . 672.)
Am . Jur. See 63 Am . Jur.ld, Public Offi·
ccrs nnd Emplo~ees. § 241.
C .J .S. See 67 C.J .S .. Orricors. § 69 .
Law rtvle\Y , For note. "A Study or tho
Colorado Commissi on on Judic ia l Qunlirita·
lions". see 47 Den . L .J . ~91 (1970).
The words "every elective public olllccr of
tile dale ol Colondo" reler to olllcen ol tho
&t ote , as dist inguished from member~ o(
school boardi. county , tity. tcwn , and pre·
cine! olfi cers . Guyer v. 511111, 68 Colo. 422.
191 P. 120 (19 20).
Whore it was contended that tho second
pt.rua;raph or thi s ICCtion rehatea tO "II e lective
public ofricers i n11e~d of electiYI publ ic O([j.
cers of the state: but if so why doca not the
firs t por>graph om it tho words "of the Slate
of Color ado"7 Sil\Cc it docs not, and sinco
not e lsewhere in th e article ;, there un~
statement th at on~ other e lective public orri·
EXHIB IT 2
... , --
•
I ·:
,,,
I • •
•
•
• -
487 Art . , · l\1 St~. 2
ccr m ay be recalled under us provistons . it 1
fa~r to say that the second paraaraph re!ero to
state off1cc only Thts concluston '
stren;ther.eJ by the provillo n tha t under
stct10n 2 the pet uion must be submiued to
the aove rnor a nd that th e £Ov e rnor must order
th e el e Cti On i nd fiX the date for hold lnll II,
and by the provi s ion ' of section 4 th at che
sta te sh all pay the e le c u o n u pe nses or the
unreeall ed incu mben t. Hall v . C limmina s, 7J
Col o. 1•. 213 P. 321 (1 923 ).
Ex .. pt It ,ro•id.,. Ia ooctlon • of thb article.
Th e recalL wu Int en ded to a p ply onl y to t he
cleC:tiVC DUbh e o (fit ers OJ the 5tate e xcept •s
prov1ded '" s e ction • for the recall or city,
county , and town office rs . Gu yer v. Stun, 68
Colo . C22 , 191 P. 120 (1920).
Artldo Mid hlapplkstble to IChocll dlreden.
See Guyer v. Stull , 68 Colo . 422 , 191 P. 120
(1 920).
The rta~t 11 c•-~r 11oe llllrd ,.,.....,. ot
this Mdloa 10 dtl.-10 oet up Ia a potldoa lor
the rocall ot a juq. llle lacu upoa ,.hkh ouch
ncoll Is -•bt, oven though the y m1s ht tend
to obstruct tha adminis tratio n of the law.
Marians v. People u rei . Hines, 69 Colo. 87,
169 P. ISS (1917).
The c:irculauon Ol pe1i uo~ l6r t'le recall of
a dutn c t ;ud,e 11 r.ot c:ont trr.;H o f cour •
where the facts set Ol-tt 1n the petatton a.rc
trut hfu lly stoted, thouGh with uncalled ·for o
bt tterncss . Such 1 pe ti tion as pnv&l ec,e d. •
Mar ian s v. Pcopl' ex rei. Htne s. 69 Colo. 87.
169 P. m (1917).
Acl on ,.ltlch neall h boaod mull be 11\01•
lloned lft petition . Tho prO YliiOO of this
section as to l lltcmcnt in the pe til ion 1ntends
that when a Citizen is of lhe OplftiO n that a
publtc offi cer, su bj c t lo reca ll . has done that
which shows him to be un fit for the ofltce
which he hold s. the c iti ze n may make suc h
act the basis of an oucmpl to recal l the orri·
c:er : and to do that he must ne cessarily men·
uon uid act in the recall petition . Mariafta v .
People ex re i. H1 nc s. 69 Colo. 87, 169 P. ISS
(1 9 17).
Thll ancl the follewlncooct'-t ret.tc to tloo
.....,..t blennt.l ol«tlon lA No•ember ..,. NC
the ...-! elections. School elect ions in this
st;ue ate not reQ&rcJcd as a:encra l elec liona
with.in the meaning or our c o n st itut ion aad
sratutes . but as school elec t ions . Guyer v .
Stun. 68 Colo . 422, 191 P. 120 (1 920 ).
Se<tlon 2. Form of recall petition. Any recall petition may be circulated
~nd sign ed in sections, provided each section shall contain a full and accurate
copy of the title and text of the petition ; and such recall petition shall be
fil ed in the office in which petitions for nominations to office held by the
incumbent sought to be recalled are required to be filed.
The signatures to such recall petition need not all be on one sheet of paper,
but each signer must add to his signature the date of his signing said petition,
and his place of residence, giv ing h is street number. if any, should he reside
in a town or city. The person circulating such sheet must make and subscribe
an oath on said sheet that the signatures thereon are senuine, and a false
oath, willfully so made and subscribed by such person, shall be perj ury and
be punished as such . All petitions shall be deemed and held to be sufficient
if they appea r to be si gned by the requisite number of signers , and such
signers sha ll be deemed and held to be qualified electors, unless a protest
in writing under oath shall be filed in the off ice in which ~uch pet it ion has
been filed, by some qualified elector, with in fifteen days after such petition
is fi led, setting forth specifically the grou nds of such protest, whereupon the
off icer with whom such petit ion is fi led shall forthwith mail a copy of such
pr otest to the person or persons na med in s uch peti ti on as representing the
signers thereof, toge th er wit h a not ic e f ixinc a ti me f or hearins such protest
not less than five nor more than te n da ys after such notice is mailed. All
hear in&s shall be before th e officer with whom such protest is filed, and all
te stimony shall be u nder oath . Su ch h earings shall be ·summary and not
sub ject to delay. a nd must be conc lude d wi th in thirty days after such petition
is filed, and the result thereof shall be forthwith certif ied to the person or
persons representing the signers of s uc h petition. In case the petition is not
;uffic1ent it may be withdrawn by the person or a majority of the person•
------··-·--~-.............. ___ ...... . .
•
II
I
~~ t
I,
[.1
tl
f,
t
l· \
• ~
l
i
I • •
•
,· .. :
i
I .
,I
I
I I
i·
HI!
·fji
I '!JI
.j! ...
I~ ' ,;I
'I
I,
I
I I
Ill
'·· I
d
I ' I · L:l
•
• -
Sec. 2 Constitution of Colorado 488
• representing the signers of s uch peti tion , a nd ma y , within f i teen days the re·
afte r, be amended and refiled as an ori ginal pe tition. The finding as' to the
sufficie ncy of any petition ma y be reviewed by an y st te court of ~encr al
ju ris diction in the county in which suc h pet ition is file , upo n appli cation
of the person or a majority of the persons representing the si gners of such
petition, but such revi ew shall be had and dete rmi ned forthwith. The su ffi·
ciency, or the determin ation of the sufficiency , of the petition refe~ed to
in th is sectio n shall not be held, or co ns trued , to refer to the ground or
gr Qunds assigned in such petition for th e recall of the incumbent sought to
be rec alled from offi ce there by .
When such petition is suffici ent, the o fftce r with whom such recall petition
wa s filed , shall forthwith submit said petitio n, toge ther wit h a certificate of
its sufficiency to the go vernor , who shall thereupon order and fix the date
for holding the election not less than thirty days nor more than sixty days
from the date of submission of said petition ; provided, if a general election
is to be held within ninety days after the date of submission of said petition,
the recall election shall be held as part of said general election .
Added November 5, 1912 . (See Laws 19 13 , p . 673.)
Am. J•r. Soe 6) Am . lur.2d , Public Ofri·
cers and Employees. § § 2«-246.
C.J.!l. See 1>7 C .J.S .. Officers,§ 69 .
Tlta lmpwt~~~~ee ol tbe pollllon Ia fully NCOI•
.._.. IR lblo article by lhe several provisions
r.oncerning il. The signers must be qualified
electors ; each one must add 10 his s1gn:uure
the date of &ianing and his place o( res idence .
wilh s treet and number, if in town or c ity : and
the genu i neness ol the sicnatures mu st be
attested under oath by the c ircu lator o f the
sheets for sig nature. The petitio n is to contain
a statement of the grounds o( recall , in not
more than two hundred words , and mu st be
sianed by electors in number equal to one
quarter of the vote casl at the last preceding
election . Each section of the petitio n must
contain its full title :tnd text . Lan drum v.
Ramer, 64 Colo. H!, 172 P. 3 (19tH).
Petition must conform with lh is stoc don. This
section provides for n series o f steps leading
up to a recnll e lection, and the first act wh ich
p."lrlakes of an official charnctcr is the fili ng
or n recall petition in the oCCic e o( the secre·
tary of state. The in strument to be ftled IS 10
be of the Corm un d su botance pre scnbed b y
l~e amendment, nnd nothinc short o r that is •
V"tition with a right to b e hied . Unt il there "
such a pet ition . the movement for an election
is not initialed . Landrum v . Rame r . 64 Colo.
82 . 172 P. 3 (19 18 ).
Dale of slcnlnc ond place of residence muot
be added . A sign<Jture is not complc 1c . and th e
writer of it not a .. signer " u nless there be
added the date of signint: and place or res i·
donee . Until it has been determined tha t the
requisite number of person& have sicned, and
ndded to their sicnature& the mailers required ,
1nd the veri(yina affidavits have been made,
no one ca n say that there is a recaU peti tion at
all . These matten can be detcnniMCI from the
pepers by in&pection and computation .
Landrum v . Ramer , 64 Colo. 12. 172 P . 3
(1918).
H.......,., -.... are ,_-11•alllled .
W hether or not &ignen ol a recall petiti on are
qualified electors, nood not be con&idered in
th e first Instance ; their qual ification i& pre ·
&umed until a protest I& f iled. This is a
reasonable and almost necenary provision , in
order to make it pouible to file a pclition
within a reasonable time after it is presented .
There i& no such reason lor presuming eor·
rectneSJ as to the nuauers which a,pcar on the
foce or the paper&, and it is worthy of notice
that there is but one or alllhc requirements to
wh ic h 1hi" pre,&unptiun .. u .. cM•. U ruJrum v .
R11mer , 64 Colo. 82 . 172 P. 3 (1 91M).
Sccretory of state rn•y uamiAe petit ion
bef ore fili ng h. The secretary of •tate is not
u nder duty to immediatel y tile in hi& office , a
pnper presented to him as o petit ion for ""
e lec tion to recall an ollicer. It is his duly to
e xam ine what is pre sented. and determ ine
w het her it compli e s w it h the re qulrcment ti of
this s ection . and he is entitled to a reasonable
tim e fo r such CAMm in ut10 n . UtwJru m v.
Rume r, 64 Colu. 112 , t72 P. 3 (1 911).
And Ia ent itl ed to reaso nabl• time for e .. ml·
nat ion . A peuuon for the recall or "" orticcr
was prc&e ntcd to the &ecretary of state, ond
was ind orsed b y him "Received for Con•ide r.
otion November 2, 1915", and was Cinolly
f iled by hi m on the 12t h . A protest was fil ed
on the 27t h ol tho samo month. It was shown
that at the pre&entation of the pelition , it was
agreed b etween the &ocrotary and lho&e in
c har,e ol the petition, that the paper 1hould ·
not be til ed until the secretary had carefu lly
e xamined it. The delay in the eumi nat ion
•
l
I • •
•
489 Art. XXI
wu sufficie ntly ex cu sed . He l<l, that the pet i·
'1on ""'as in fact i1i ed on the 12 th. and not on
th e 2nd of No•c mbcr . end the protest wos 1n
ume . Landrum v . Ramer, 64 Colo. 82 , 172 P .
3 (19 1~1 .
•
• -
Section 3. Raoignalion • filling VIICIIncy. If such o fficer shall offe r h i~ resig·
nation, it shall be accepted , a nd the vacancy caused by such resignation, or
from any other cause, shall be filled as provided by law : but he person
ap po inted to fill such vacancy shall hold his office on ly unti l the person
elec ted at the reca ll election shall qualify . If su c h officer shall not resig n
wtt hi'1 five days after the sufficiency of the rec all petit ion shall have been
sus tain ed, the governor shall make or cause to be made p ublication of notice
for the holding of such election, and officers charged by law with duties
con cerning elections shall make all arrangements for s uch election, and the
sam e s hall be conducted, returned and the result thereof declared in all
respec ts as in the case of general elections.
On the official ballot at such elections shall be printed in not more than
200 words, the reasons set forth in the petition for demanding his recall, and
in not more than three hundred words there shall also be printed, if desired
by him , the officer's justification of his course in office . If such officer shall
resign at any time subsequent to the filing thereof, the recall e le ction shall
be Ci\lled notwithstanding SUCh resignation .
T he·e shall be printed on the official ballot, as to every officer whose recall
is to be voted on, the words, "Shall (name of person against whom the recall
pet ition is filed) be recalled from the office of (title of the office)?" Followins
such question shall be the words, "Yes" and "No", o n separate lines. with
a blan k space at the rig ht of each. in which the voter shall indicate , by mark·
inc n cross {X), his vote for or against such recall .
On s..tch ballots, under each questio n, there shall also be printed the names
of those persons who have been no minated as candidates to succeed the
person sou g ht to be recalled; but no vote cast shall be counted for any candi·
uate for such office, unless the voter a lso voted for or against the recall of
such person sousht to be recalled from said office. The name of the person
ag ainst whom the petition is filed shall not appear on the ballot as a candtdate
for the office.
If a majority of those voting on said question of the recall of any in cumbent
f1om o ffi ce s ha ll vote "no", said incumbent shu ll co nt inue in saiu office :
if a rrajority shall vote "yes", such incumbent shall thereupon be deemed
rem oveu from such office upon the quali fication of his successor.
If th e vote had in such recall electi ons shall recall the officer then the
candi d.tte who has received the highest numb e r o f votes for the office thereby
va cated shall be declared elected for the re mainder of the term, and a certif·
ic ate of electi on shall be forthw ith is sued to h im b y the canvassing board.
In case the person 'who received the hig hest number of votes shall fail to
qua lify within fifteen days after the iss ua nce of a certificjlte 'of election, the
off ic e shall be deemed vaca nt. a nd shall be filled according to law .
Candtdates for the office may be nom inated by petition, as now provided
by law, which petition shall be filed in the office in which petitions for nom·
ination to office are required by law to be filed not less than fifteen days
before such recall election.
Added November 5, 1912. (See Laws 1913. p. 674 .)
•
I '
• t·
t
,,,
I • •
I
i
•
,,
I,
I
I!
:I
'.
"
,,
I p ·:;.
I• I lli ,, '
'
·'' ;JI :t
j" :
•
• -
Const itu tion of Cole. ado
Am . Jur. See 63 Am . Jur .2d, Public Qffi.
ten and Employees. i IJ 1.
490
Section 4. Limitation • municipal corporulions ma y adopt, when. NQ recall
petition shall be circulated or fi le d against an y offi cer until he has .rctu ally
held hi s off ice f or at least s ix mo nths, save and except it may be filed agains t
any member of the state le gisla ture at any time 'a fte r fve days from th e
convening and organi zing of the leg islature after his elect ion .
After one recall petition and election, no further petition shall be f iled
aaainst the same officer during the term for which he was e lected , unless
the petitioners signing said petition shall equa l fi fty perce n1 of the votes cast
111 the last preceding general e lectio n for all of the candidates for the off1ce
he ld by such officer as here in above defined .
If at any reca ll election the in cumbe nt whose recall is sought is not recall ed ,
he shall be repa id from the state treasury any money authorized by law and
actually expended by him as expenses of such election : and the legislature
shall provide appropriations for· such purpose.
If the governor is sought to be recalled under the provisions of this anicle ,
the duties herein imposed upon him shall be performed by the lieutenant·
governor ; and if the secretary of state is sought to be recalled, the duties
herein imposed upon him, shall be performed by the state auditor.
The recall may also be t:J\ercis.:d by th-e ele:.tv•s of each county, city and
county, city and town of the state, with reference to the elective officers
theroof, under such procedure as shall be provi ded by law. ·
Un til otherwise provided by law. the legislative body of any such county .
city and county. city and town may provide for the manner of exercisinc
such recall powers in such counties, cities and counties, cities and towns .
but shall not require any such recall to be signed by electors more in number
than twenty-five percent of the entire vote cast at the last preceding election.
1s in section I hereof more particu larly set fort h, for all the candidates for
office which the incumbent sought to be recalled occupies. as herein above
defin ed .
E very person huv ing authority to exercise or exercising any public or
governmental duty. power or funct ion . shall be an elective officer . or one
appointed. drawn or designated in accordance with law by an electiv e o fficer
or officers. or by some boa rd. commiss ion . person o r pers on s legally
ap pointed by an elective officer o r officers . eac h of which said elect ive off i-
cers shall be subject to the recall provi si on of th is constit uti on: provided .
that, subject to regulation by law. any person may. without compensation
therefor. file peti tio ns . or complaints in court s concerning crimes. or do
police duty onl y in case s of imm edia te da nger to person or propert y.
Nothing here in contained shall be construed as aCfect ing or li miting the
present or future powers of cities a nd counties or cities having charters
ado pted under the authority g iv en by the constitution. except as in the last
three preceding pa rag ra ph s expressed.
In the sub missi on to the ele ctors of any petition proposed under this urticle .
all officers shall be guided by the general laws of the stute. except as other-
wise herein providt:d .
This art icle is self-executi ng. bu t lesislation may be enacted to facil itate
its operations . but in no way limit in g or r.cstrict ing the provisions of this art i·
cle. or the powers herein reserved.
Added November 5. 1912. (Sec Laws 1913, p. 676 .)
'I
f
I
1
\
!il
d
II r ;I
I
I
It ~I
t
' I
I • •
•
!. ;;
!. ,. ,,
I
' I '
l !
rl1
ljl:
'' I I , ..
•I
•'
•
• •
--·=------·-------·----------------------
Sec:. 6
Constitution of Colorado
Section 6. Home rule for cities and towns. The people of each city er town
of this state, having a popul ation of two thousand in ha bitants as determin ed
by the last preced1ng census taken under the authority of the United States .
the state of Colorado or said city or town, arc hereby vested with, and th e y
shall always have, power to make, amend. add to or re place he charler o r ~aid city or town, which shall be its organic law and extend to all its loc al and mu nicipal matters .
Such charter a nd the ordinances made pursuant th ereto in such matters
shall supersede within the territ ori al lim its a nd other jurisdiction of said ci ty
or town any law of the state in conflict therewith .
Proposals for charter conventions shall be submitted by the city council
or board of trustees, or other bod y in which the legislative powers of the
city or town shall then be ve~ted , at special e lec tions, or at general, state
or municipal elections, upon petition filed by qu alified electors, all in reason -
able conformity with section 5 of this arti cle , and all proceedin gs thereon
or thereafter shall be in reasonable conformity with sections 4 and S of th is article.
From and after the certifying to and filing with the secretary of state of
a charter framed and approved in reasonable conformity wit h the provisions
of this article, such city or town, and the citizens thereof, shall liave the
powers set out in sections I, 4 and 5 of this article, and all other powers
necessary, requisite or proper for the government and adminis tration of its
local and municipal matters, including power to legisla te upon, provide, regu-late , conduct and control:
a . The creation and terms of municipal officers, agencies and employ-
ments; the definiti on, regulation and alteration of the powers. duties . qua l-
ifica tions and terms or tenure of all municipal officers, 111:en rs and employees ;
b. The creation of police courts; the defin iti on and regulatio n of th e juris-
dic tion . powers and dut ies thereof, and the election or appoin tm ent of po li ce magi strates therefor;
c . The creation of municipal courts; the definition and regu lation o f the
jurisdict ion, powers and dutie s th.:reof. and th e e lection or appointment of the officers thereof;
d . All matters pertaining to mun ici pal elections in such city or town. and
to electoral vote s th erein on measures submitted under the chaner or ord i-
nan ce s thereof, including the callin~; or notice a nd the · date of such election
or vote, the registrat ion of vo ters . nominations , nomination and election sys-
tems, judges and clerk s of elect io n, the form of ba llot s. balloting, challenging,
can vassing, certifying the result, securing the pu rity of election s. guarding
aga inst abuses of the e lective fra nchise. a nd tend ing to make such e lections or electoral vote s non -p ar ti san in ch aracter;
e. The issuance . refunding and liquidati o n of all kin ds of municipal obli ·
ga ti ons, incl uding bon ds and oth er o b li gatiOns of park, water and loca l improvement dist ricts;
f . The con solidation and managem ent of park or water dis tri cts in such
cities or towns or within the j urisdiction thereof: but no such consolidation
&ba ll be effective until opproved by the vote of a majority, in each uistrict
to be consolidated. of the qualifie d electors voting therein upon the question:
g . The assessme nt of pro pert y in ,uch city or town for municipal taxlltion
ar.d rhe levy and collection of taxes th ereon for mun icipal purposes and spc-
EXHIBIT 3
'·'
•
I ·
I
I
' \
,,I
I' r' ;,
I t.
I
!
~
~
I
I • •
(i
•
•
• -
~G 5 · Art. XX • Sec. 6
eta! assessments for local im provements ; such assessments . levy and collec·
tio n of taxes and special assessments to be made by mun ic1 pal officials or
by the county or state officials as may be provtded by he ch arter:
h. The imp osition, enforcement and collection of fine s and penalties for
the violation of a ny of the provisions of the charter, or of any o rd mance
ado pted in pursu ance of the charter .
It is the intentio n of th is article to grant a nd confirm to the peo p e of all
muni cipaliti e s coming withi n tl !. provisions the full right of self-go vernmen
in bo th local and mun ic ipal matters and the· enumeration herein of certai n
po wers shall not be constr ued to den y such cities an d towns. and to th e
people thereof, any right or power essential or proper to th e full exercise
of s uch rig ht .
The statutes of the state of Colorado . so far as ap pli cable , shall continue
to apply to such c ities and towns. e xcept in sofar as su perseded by the char·
ters of such cities and towns or by ordinance passed purs uant to such char-
ters .
All provis ions of the charters of th e c ity and county of Denver and the
cities of Pueblo, Colorado Springs and Grand Junction, as heretofore certified
to and filed with the secretary of state, and of the charter of any other city
heretofore approved by a majority of tho se voting thereon and certified to
and filed with the secretary of state, which provisions are not in conflict
wi th this article, and all elections and electoral votes heretofore had under
and p ursuant thereto, are hereby ratified, affirmed and validated as of their
date.
Any act in violation of the provisions of such charter or of any ordinance
thereunder shall be criminal and punishable as such when so provided by
onv statute now or here after in force .
The pro visi ons of this section 6 shall apply to the c ity and county of
De nver .
This article shall be in all respects self-executing.
As a mended November 5. 1912. (See Laws 1913, p . 669.)
c ... nftnoo<ft! For power 10 regu llle rates and service charGes of public ut ili ties in home
rule ci1 ies. see article XXV; for limi lat ion on appoinlment ol outGoinG officers, -24-~02.
I. Gener:ll Consideration .
J l. Sta le Powe rs Reserved .
Ill. Po"ers Granled to Charter Cilie s .
A . Conuol of Local an<i Mu nicipal
Maners .
13 . Specific Powers .
I. In Ge nerul.
2. Conlrol of Muni c ipa l Elec•
li ons .
). Powe r to Raise Revenue .
4. Re gulation ol Motor Vchi·
cl e s .
5. Violat ions of Municipal
Ordinance s .
I. GENE I::AL CONSIDEltATI ON.
Cr-rolerenc ... As til powers granted the
city ond rounty of Denver, sec § I ol th is
article . A s to constitut iona lity or nrticle, see
§ I of ;~rt. XX. analy•is lin e Ill. A• to
am endmen t of charter or adopt ion o( new
c:h Ot rter, ttc c: § S of th is art icle . As to effect of
conflicting c:Oni titulio nal p.rov i,ions . sec § ll
of this art1clc:.
Am . Jur . See S6 Am . Ju r.2 d. Mu nicipal
Corpo rat io ns, Cou nti os. and Other Political
Subd iviSIOn s , § § 125 -138.
C .J.S. See 16 C .J.S .. Constitutionul Law,
§ 140 : 62 C .J .S ., Mun icipol Corporations.
§ § Sij-90. 93 .
Law r .. lew o. For comment on C ity It;
Coun1y or De nver v. Henry, 95 Colo . 5N2 , 38
P.2<1 895 (1935), a pponr inG below , liCC 7 Rocky
Mt. L. Rev . 223 (1935). For comm ent on
Wool ,enon v . Cuy &. Co unJY o l Denver, 146
Colo 247 , 361 P.2d 9ij2 (1961), nppearin'
be low , sec >4 Roc ky Mt. L. Rev. 250 (1962).
•
.,
;.
; ~ j
'' 'i '
ii ~ ,,
i ·' I h r
:j ..
I' •' I :!
1: I ·I I I• ' ol
II
I!
ii
li
~r
I: I
fi
[I
I · l'i I f: • I • !
' ~
I
•
• -
3400 S. Elet• St reet
Eng lewood, Colo r edo 110110
Phone (303) 751 ·1 140
I, Janice L. Watkins, Deputy City Clerk for the
City of Englewood, Colorado, do hereby certify that the
attached is a true, accurate and complete copy of the
St atement and Cert i ficate of Determination of an Election
held i n the City of Englewood, Colorado, on Tuesday, the
6th day of November 1979. ~we ~ £uJodU; tJP~e L. Watkins
EXHIBIT 4
•
I • •
•
• -
l-~
i / ~ A I , -... -..... -~ .... --····-·-
•
'
:;
·ii : •'
'
I • •
•
• -
7t
I
---~~ _19_1_9 __ -
I
::M 01 W~ROS llHO !OfU'CH'o . T .. "•!l VOlU c.A:.., I N 0 ::-" -~1 ,u,M£3 ~ CAIIDlD&ta ----Jt r..a~
I -·-Qr,.&(:8 •OU.D f\A
q 1 -....-:r--r· .. ·-· !..:,;;.
r-~ • ... ~ , · ·il II . '"' " •.1_ '·~_,.._,s ~~ -" -}
f,Q&e ... :( j .~ !,, 111 .. , ,s: "' "' nod • ,,. •• •t. 1m. ·a :1L~~ ·~ I -: '·'~ 1 n .Jt: -·~J ... ···~ ! 41 ... •• '" ,,, " .. d o) •• '1 I..L .Vf lo]l I•! J~ Jl "'' 1' ~ " "''"'"' (icM\. ;r ( • .!.. '-~ •' 4S I ou ou .. II ..... II to n II. "'-o4 or .. 1 n. · on• ·
~ ........... i. ........ to '• M t.1 IS ,, : J! !~Jt ~1 c-1 ' '--·~ -'-' j-.)1 ot l -·· ·~ ~ ~-~ r,._r., I~ ~· Si s ... " 1.\ .. '" .. 1:! \L " .. u l ' "'' . ~ I
J .. , .... .. -.......... '&>LJ< ·~ ... ,_.I,'S'! ' "' ! " I.;. '"' . "' ! •• ... 11J l U .~ to ~u .
11 ....... 11 ( ...... ,IlL~:<~ • _ .. , JA.L~ •• W4 ... ... "''"' '11 && ... .. .. .. ~ •• So n l ''" ~'· 1/aa.l 11a.o• ~.,. ""'-· ~' z•l n • ... •T • ,. ~ . 11'1 ~4 .. .. .. 4.' ,, I 7 .-.L~
, ...... -~~ ., . i
.,., ~·'11!!!•!111. ~~~~ ...... " i w 'I o.ql,.., ' sn r:
2 -'-··· to... h ..... ....... ~~-J•• •••• ... .. "' ·. ' u-. ~
; -I
·~-~..._.;. J I'" ... E.t•~ '" ""·,~-,. ... I[ ... .. l .. loi. . t . . .,
0 ou. • ..Ji~a.!l.i ..... <frd_.,. • ~-.:;..1~ J•.a ... ~ on t ! .. 1 .. :··: -. ' ;.~I ~ J••• .... ..r.s l :ot tft .; • . ... ·. I ... ~! . 1 • ··' r:,-.. .~.· J
I 0 .'0 ~ ~...-.~&. 1 .... ~ ....... ........ ,_
~ •• .. -"
J oo• ~~-·ot -~.-.... _ ... .-'" ,,, ,, "" f-_q__
4 "'~ t»<i " ..,. ....... -· rl 11 "' ... I -~4
=t -.. ' ·-i -·
6Uf f . U••• O...."' -!on ~~ •o
--· . ' ' 1 ... ' ___ ?_4 7
.. ' "--.. ~ .... ·~
I -~· . .. '. ·. ~ --0:. -1 .-. .-.o; ----· ' Ia..
-.
........... o.-..... a...,tl l. ........ F e>&. l « ln ... lu ••I" .~s " '-7 1 ft " 1·-1.... .. I "!! -=f 1.-. .-.. ---·-D.~~c--.....-..........
·-a.-r--,£;.tta,..-• -"'•111\( In ul llot ,,, l.o' b I~ n :ou loot •• I Ill 1 ... ... ,..,I &• lu .... r _,-Ill!,_. ............ ..,.... ...,._ ._ .,_ ,. ,_. ......... u• 1 i ..............................
i I ~~
! STAll: OF eot.ORADO, l ..... -~ .. --.... -..... --~. W . ~-· ....... ,~ t •
i
l·
I
\-..
• •
•
1-.
I . ;=:::~ • .,:_ :_.~~~ ----~!=__,o!.!A.,_ __
' "·ett,lll.·,..... ,_...c--.-··.·
1 e«M U, '-•-·t~olotor-1 -, ,. ......... "'-_ __..." ...... ~._..ot .. . --!;.o.oot-~...,-......... .... r· .... :--~-·-
·~ I
·I ,.
r
•
• -
~• 1L 1o 11
•
,, ' ..
•
_..-=,-=---"'·
I
·-+--1-+-1--!
-+-1-+--+-f-~
!f-1---;
f---·--
---
15 1'6
_j
•
. .
•
....
..
~·
"· ..
•
• •
lU ' liE I)!S TMI CT COU I!T l N AII D FOil TH ~
COUNTY O P fl ltJ\rAIIOI :
STI\Tt; Ul' LOI.OIU\00
C l v \l 1\c tton Uu.liio_c;.// l!f.r<f
RELIIIULC ~:t.I:C '~I I!C CU ., H lC .,
• Color:.:.uJu cor:voc..~t u.>n,
P h\n•.tc f ,
vs.
OLSON CONS TilUCTIOrl COIIPIIII Y, 3
Nebrll&k.J C01:poC3t t.un; TliC CITY
... OF CUGLI~WOOD, .l body coq.>Or3tc
3nd pol\tt c ; ~n J UNl 'r i:D S TII T~:S
FID£LI 'rY liND GUARAN T Y COMPANY,
a fUrylJnd corpoc3t.i on,
Dc Ct!nd a n ts.
l'O: Til~ CI 'I'Y O P LU GI.l :WOO U:
LIS PL.:IIDC NS
7
..
Th i R .Jet 10n h.ls l>e un commenced by PJ..:.inl";if! l"o
re cove r. on its c l aim to •· labur. .JncJ m.!.lt~r.i..llw Cucnl•hud to
Olaon ContJ t.ruct.ion C<unp.:my · . .
partorunc~ of the wo r.k cont.r.u:tcd f'.u be cJun~ by tho a;., hl
Olaon l'Uilt.>L ruct iun c ou•p.Jny (\.lr: · t.hc public cuutrac t int"~ Llc.KJy
to wboa th ia not".ic~ ia d ir.t:u.:tcd, on th~ pr.ojoct: known aa t.h~
Allen Wat.e r Tr.e.ataent PlAnt. .. .........
In put'a\li t. of i~• clai• in thia action Plain~l[f
alao sacts r.ccovur.y on a Public Wor.ka Cont.ract.OC'1 a Dond
pertain ing to said pr.ojec t and aceks ~o enforce l~a cla\~
3gainst poyments withhelu by, or. which should have L>cc.:n
withheld, uy t-he pulJ l i c cutH.r:.:u;t ing llody Cr.o11 Olson
Con s t r.uct-lon Co m, .... ny wi t h who1n t.he public cont.r.:.ct.ing body
fo r pcr!or.m3n c t of ~aid wack. 'i'hv
descr.i pt-l on o ( s..1ld p t:opcrt-y, upon which ttu: l'l::.i.nt.i ((
cl.3 i ms to .) f (cc t t-i t-le i.:; t c (;plly cJc a cr ibC!d .18:
Color. ado .
'l'h .Jt p .lr t o r t l u .· l~l.H":'t:.ll onc -h 3 l [ o( the
tH.H:·nn .. <:n t CJ HC··qu ,:.,.r t.c r. o( t.he Sout.htt.lat.
onc -•JI.l =" t-~r. l yi n •J wco~t· of n.~ll IBlc
C iJ r dv tt ~, ~I..'C CJ II d l'i.l i w;, i.n St:c.:t.ion !)-lj-
6 U
I .. lly .Jo hOM: ·1~fsct,··· · ~·,)05 ____ _
:\ttontuys !or. Plaint.l fl:
72 J !ilte~rn~n Rtr~ct
De nv e r, Col or.:.Uo 80203
'l'c l cph o nl!: 817-1122
•
.
I
I • •
. ·
:' -·
.•. . '
·'
•
•
•
, . •
.................... 1 ... -.. -..... .............. l ..................... ...
RI:LIAIILE EL EC'l'RIC CO., INC.,
a Colora~o corpor.at\on,
l'bu•uiT.
SUNMONS
CoMplaint . .tnJ Lis Pendcnli
i i r>:.u.--.1 rv ~ ~. :'. . I~ ) .' l>a:ISCII ~n<.l MI\RIO!I, P. C •
. \ .... -\~---I
I
( '.
U)'~~-:_ __ ~ L · ~ --=--·-----
AUOI"'''ey' f'"' Pt..intin" No.
John M. D<..· tsch 190~
72) ~hcr.m.;tn !itr.tH:t .. _
Addn:-'"' u( Auurncy
Denver, Color.•do 8 0 20 3
'Nl•:phonc: UJ?-1127.
This Mtmn'kJfh i~o i "t~J ruNto~nl "' M.ull.' 4 . C 1{,( ',P •• :" ;ltl'll.'ntk..l . A ~o."t'f'Y -.rthr.: l.'utur"ainllllU!~ol b.: '-t:IV""\1 with
I his MJmmons . 'Jlu\ f~.•t·m \tKtukJ Olll he U~~ 'A'hcn..: ~fY ICC hy p.d'tli~;ttiun IS fkMrcll .
'TO T HE CLEkK : lrthl.' "'UUNiktn"'i~ '""'-'t-1 l'ly I he ..:lt:rk ufthl.' ,,-,,un .tht.' ..i,nouun: Nud. fur t h&: ..:k:R. tk..,..u,
;.ui\J liM: ~I vf I hi.' 1.7~"111 ~t.-.uld tr..· pfiWt~'\.1 h)' ,t;unr. "'' IYI"-'"'rih:t . in lh&.: "f''K:C Itt lh..: ldl ,t( thl.' alt\11'1-.:~··
noamc.
"
I\
II I i;
II
i:
\;
:I
I·
j:
t!
II ': I ;: • • It
i
•
;
. ~ . ·.
t t •• ,... . -. .... -• r ,J>•
' . ,. :. ; .. .,, ,
•\
... :
.·: .) . ·· .....
'\ . ~" .. .. ~
} ·.,1 ..
•
·1 "",/tl r •
·'I
•
• •
..
l.< .It ~ IJll> 1U • ,· l<lU I<' lri Mlll I Oil Till
COU rl ·:y Ot' ARA PAII OI,
STf1':'l Ot' COLORA!>...
C1v ll Acnon ll o. d:.l'i...s:..!!..J'fS"i
RELIAOL u l.t: ·r RI C CO ., W C .,
~ Color3do corpor3 tl o n ,
P l 3l.nt\(1.,
vs.
OLS Otl COtl $'i"IWC'l'I Or l COM PAN\', 3
Nebr,&l':.!l Ct>r (>4.>r..st. \on; 'Mil; C l'l'Y
OF Et~GLCh'OOD , .s body cor por3 te
.1.nd VOl l t ic; .Jnd li N I ·rED ST/\TC!;
F'lOELI 'rY h iJD C U/\RAH T Y COUt'I\NY,
3 M3ryl3nU cor~c~~1on,
IA.:f cnll .J n ts.
COPII'I.AINt'
COH .S ll()~J P l ~i\O t l l f 1:1 !l \~hlc l:lf~...:tt·i c C:rJ., Inc .
3nd compl.1 ins as follows:
t .. In~·r l'J./\lM l·'OH m :J.tr:t ..
1. Pl3intif( rl~li3blc Clect".r.ic c o., Inc. is .s nd
.st. sll t in.es pc r.t.~ncnt .... ~~, .,., co r\-'or..lt ion d uly or:t;.!ln i ~c:<J ..~n<J
e x istlng under t.he l.1ws oC t-he St . .1t.e of Color..sdo, ~nd was
.sut.horiz~d to conduct. business in r-.hc 5t . .s t e of Colorado.,
2. l~!.cnd3nt Ol son Consr-.('uct-.i on Comp.sny ( DC:f(:n-
dan t Olson ) ts and .lt. 1111 t.1mcs pcr.t.inent W3B, 3 corpor:at:i.on
duly or ~anized 3t\d cxist1ng under. t:hc l3WS of th~ 5t3tC of
Nebr~sk 3 , ~u thor.1 zed ~o conduct bus iness in t.hc Sta~c u(
Color.J do.
3 . ()ct.~nd .:l nt Unttcs St . .?Jt c s F t dc1tt.y and Guar..:anty
Co mp!lny (lklcnd :uH Unl t cd) i~ • .:wd .Jt ;il l ti1uca p c.:rtinun t .
W.!S, c or po r·.:H . \On duly orq.1ni zed ~nd t:x i..st.\.ng und«=r t.h e
\nsu r ancl 11n J su r ety bu ~i n c ss i n th e S t3te of Color.~do.
r.nglcwooll) ts 3 p ubl1c c n t \ty r:~e: t s t t n') u nder. ~nd pur.su.lnt-. to
lj . T h 3 t oe fe mJ.~nt Vlson cnt l!n::d into .tnd exccut-.ed
3 wri t t..•n c o ni r.lC '" w t t ll 11\.:t•.:fll ,.Jnt. Ln <J l c wood, by t.ht: l l.!l:'lllS o C
•
I • •
. :, "
• .... r,
t .,
/
/ -
•
. . .
I • ·•' ~
]!.•''
)
I
-I
•
• .. •
p rCorm ~ll work req~1rca Cor t he construc tton o! • ~ro)eee
~nown .-s t.he Allen :Hio!r •;,-e.Jnacnt Pllnt , (p rOJeCt ) loc:J,t.t.."Ci
1n the Coun y u( Ar~panoe, St~ o{ coloudo.
6. l'ucsu.>nt to C .I(.S . 191J ~)8-26-10 '., De (cnd3n•.
Olson, .as prl nctp3l, .anc.l ocfend.,nt. Untted, a» sur.et.y, did
eaecute .:. l .Jbot .Jotl a.llter i .,.l p apen,. bO nd cond.i.t-ioncc\ t.h~at.
supplying lJihOC !llld ftl»t<!r\~l \1"1 the.: pr.OiiiJCUti.On O[ t.h<.: wgrk
provtded LOr tn the c ontract between De(•ndant. Olaon and
De(end3 n t £ng l ewooU.
7. S.11d l:J.bor; .Jnd •ater.l.Jl paywent. bOnd was
it .Jnd th <' !above m~.•ntioncrl contr.1ct •:t s :aw:.nlc..J to nc Ccnd.:ant
Olaon.
H. ,~er c a(tcr., ~Cund.Jnt Olson, ~• pr.\MC con~r.ac•
t.or, 3nd t.h~ot Pl.3int.i1'!, 3s subcuntr..1cr.or, cntcr.'-&J iut.o t•
aubcont.r,.!l~,;t. whcr:l.!Uy P l.a in t.if[ :a(jl-c~.:d t.o (X:r(or.• :tncl cu6Mpl<.tr.g
requir.ci.J unU~r. the? t.or:ma of w.aid cont.cact but.wocn uuCcndant.
Olaon 3nd De!cndant Englewood roi: t.he r.o3aonable and 39re~d·-
price o ( ~635,000.00. I
9. oc the to>.31 cont.r.3ct pr.lcu o[ $63~,000.00 Cor
laboc .sntl l\.5t.erisls furnished to .and incocporated in t:h~
project b y Pl.!'int-.if(, th~ Rum o[ $SS,02'l.2J ia duo .and owin.._1
and rem.sius u npaid .
10. Th~t the Pl3tntl!C w.as rcq ucste~ to and dld ir1
f.sct-.· pe r fo rm .::~dd i t-i.on.:..l and cxtr.~ wor.k on w:.id (Jr.ojcct wit-h
re.ssonabl~ v ,:;a lue o! $2 , )lJIJ .OO .and S.lid sum·'is due and owiii'J
.5nd r:C:!II t3lns u11p.a id .
11. Th3t. rhis 3ction is bro~Jht within ninety (90)
day& t u11Gwi.ny t·hu d.Jtc (i.x r:cl (oc Cinal !IIUt.t'.lvmt.:nt-.•
12. Phi.nt.iff h3S me•. and cotoplied wH.h d! t.er.t•»
.and cond i ti.OIIB o( the cont.r..:tct. and t:hc• bund r.equir.ed un it:.!t
part •.o be pet·for.mccl •
' .
1 3 . ';'h ~ within .sct.i.on fr>r.' matcr.la l" furni.111hC:d anU
-2-
•'
•
I • •
' .. ·.
/
/
•
.,
-~
'. ~-
) ;'
'
•
•
.. -
WllCRCFOru:, Pl3lnt \f[ prays !or t.h1a Court to entcc
JU dg men t li 'J:tli\St" Uef c n<J.t nt Olson :~nc.i l>c (cncl.sn t-Uni ted 3nd
both o l
$57 ,33 4. 23, to..;et.her. w1 t h 1n tc ccs t., co~~tt» .A n <J aucle ot.hCJ r ::.nd
:;~:COND CUII H FOil RCL I CF
1 . I' ai nt\(( hcn:Uy 3tlopt.s and i n co rl-X)r:~t ca h l~
F ~r at Cl~lM fo~ Rel i e f her.e1n a s if set ou t 10 fu l l.
2 . On o r. :o bou t 1\uy us•. 21 , 1980 the Plaintiff
served t.l pon Dcfcnd .3 nt'. P.ng l c wood a ver.i(ied 5 t:tf'"c ttlcnr. uf
C 1~im under. C .R.S . 5 38 -26-1 0 7 (1973).
ninety (9 0) d ~y s ~f to r. s ~id cl lOi m w~A ser.ved upon Defendant
Eng le...,od .
4. l'u r.su~nt. t.o c .n.s .. 538-26-107 (1973) De[cnd lO nt
Eny l ewoori W3S t.o wi thhold s uf f icient (un~s t.o inAur.c..: l).:tynu::nt.
of Pl"inti(f's c l"ims in the 3.Uunt oC $S7,334.23.
WIIEIIEPORC, Plaint H f pr.;>ys for. an Or.uer of Courf
r.equiring J.>c(cndanr. Cn\flewood to pay Pl3in ... if( the au11 of
$57,334.23 wh i ch DefendlOnt t;nglewood withheld pursuant. t.o
C . R. s. S3ij-26-1 07 ( 197 3) 3nd such o•hcr. :>nd fut•.h<>r r.•lid
Plainti f f's Addre ss:
~8 Sout l\ Ca la pa &o
Denver, Colorado 802 2 l
llcspect.(ully auiJ•it.t.ed,
DE I S CII .!nd HIIRIOII, P. C.
l
· . I\ j : ,
ny . ,.
Joh~DCi~c~9o~s~------
ll ~~orneys [ot Pl~i nt i ff
723 Sherman Str~ct
Denver., Color.lOdo 80203
Tclr.phonc: 837-1122
-3 -
•
I • •
•
• •
: . ·. . .
Wnttrll &tatrs IIJtrtd ~ · ·
·'
FOR THIE ·.
o iSTa~CT or
RECEIVED
lJ EC ~ \9811 . ~~ (1'1
\(J .. ~II>f IIPf, aF. ...a I ,_. . 7
--~ f1 , .. .,
..
' SO _.
JODW !'· ("LADY" I I:.BYilOII,
I • •
•
,.
•
•
•
• •
• J ... _ ..
IM m& UIIITZD STATU DlSftlCT COOJior
roa Ta& DlSTIUCT or coLORADO-. ·,
Plaintiff,
v.
IIOURr IIOU4&S, AMDY McCOMII,
MEL IIVBJIT an4 TID CITY OP
IIIIGLEtiOOO.
Defen4aAta • ..
·of Englewood ("City")r
; .
Civil
80
-2. ~e ainut .. of the -eting of the c:lty'a eowiCi.t•:<'
·.on' Auguat 25, 1980;
3. All tapea or other verbatim recordift98. of the ;.:, , .. ,.
proc-4f>9• before Council on the aboft date, to9ether with '· ·}
~r·
any written tranacriptiona thereof,. .,.
4. All notea or written -.moranda of whataoeV.r
nature made by the defendant Mel Bivert ("Director") at the
time of, or summarizing the proceeding• before, the meeting
of City Council on August 25, 1980r ·.-
·.·
.
5. All notes, memoranda, letter• or other written ·~.
doc..,.nts of whatsoever natura paaaing between the Director;,
the defendant Andy McCown ("Mana9er") and the _defendant
Robert Holme• ("Chief"), or any two or more of th-, ain"-
August 25, 1980, and relating to:
' .
•
" .... I • •
•
•
• •
-..... _........ ~-... -.... _~ ............. ....
•. I.._
a~. oiclio •-rl••· n ~. e.~.
for lrU retau:t t:<1 r~ tbd. J'la.W.~.tf fiol ·
·-~ ~ c. ~i.tion td ua-ut «• ••
·c.tey"• toltl:-~n.en~.
Counsel for Plaintif~
-2-
;,
I • •
I
.I
,..,
...
: ~ .
·, ... :: ~-_.:...
•
•
• •
~I
Ill '!'liE UMI'BD STA'nS DISTIIlCT COOJa
P'OR THE OISTRlCT OP COLORADO
.;roaJI L. (" LAUY" ) LriDOII,
Plaintiff,
v. Civil Action.No.
IIIOUJa BOUU:S, AllOY McCOIIM,
JIEL IIIVDT an4 THE CITY OF
EIIGLK1100D,
Defen4anta.
COMPLAIRT ORDER TITLE 42 U.S.C. 51913
.·
For a claia for relief egeinat 4efen4anta, an4 each
of tbea, plaintiff alleges aa follows:
Juria4ictional Alleqationa
l.l The 4efen4ant, City of Engl~ ("City"),
.anicipal corporation, orqani&e4 un4er the conatitution an4
of the State of Colorado, and, ao auch, is a •peraoD•
by the City in the poaition of Directol' of Zmployel' Relational he
ia a "peraon• within the -aning of the afol'eaai4 atatute •
1.4 . The 4efen4ant, Robert Holmes ("Chief"), lathe
Chief of the Police Department of the City and, in such capacity,
is a •person• within the meaninq of the aforesaid statute.
l.S The plaintiff ("Leydon"l is now, an4 at all times
material hereto has been, an employee of the City an4 a .police
officer thereof, employed under the 4irection, control and super-
vision of the Chief. He is a "citizen-and an •other person•
within the meaning of the aforesaid statute.
•
I • •
D
•
•
•
.. •
.. ..
1.6 Aa shall appear -re folly be lov, Leyl:on
bere:.n that the defendants, and each of them,
ot statute&, orltinances, regulatioaa, c:ustoall and uaa9 ..
State of Colorado and of the City
ri9hta, privila9es and immunitiaa
Conatituti on and lawa of the Dnita4 ltatea of ,._..ica
of the proviaiona of Title 42 u.s.c. Sl91l. . of -··
1. 7 Pr.Uaes c:onaiderad, thia Court baa juria4ictioft
of the with i n controversy by reason of ths proviaione Title 21
u.s.c. SllU. .·
Claim for a.lief •.
2.1 At all U•• -terial hereto, the llanaver ,baa : . .'."
been tha chief e .. cutive officer of the City an4 baa bee11 given
tha "Ultt-te and final reaponsibility for tha hirinv and
p~tion of all ~loyeea employed by the City •.
. ;r .. ._! ~
: '
2.2 At all tiaaa material hereto, tha Chief haa beell .
the in4ividual who, as a result of hie position,
rcsponaible for the operation and auparviaion of
the City'• Police Department and, ae auch, llakee
tD the Manager for the hiring and ~roaotion
' aucb ~partment, which r~ndations the Manavar haa, u a
-tter of unifora adainiatrative policy, accepted.
2.3 At all times material hereto, the Director baa ··
been administratively reaponaible, aubject to the 9eneral euper-
vieion of the Manaqer, for the i~lementatio~ of all employee
relations policies of the City.
2.4 At all times material hereto, Leydon has been,
and is now, an employee of the Pol i ce Department of the City,
holding the rank of ser9eant.
2.5 At all times material hereto, the Charter of the
City, adopted by ita citizens, has provided, inter alia, that:
a. All initial appointments, and all promotiona,
of employees shall be based upon ability, as deter-
mined from ~ompetitive examination&: and
-2-
•
. .
. ~· ;
:.;.
I • •
. • . '·' •'.-?'
• : ... ~ ,*,; ...
~ ........ ~~ .. . .
~-
•
. . , .....
•
•
.. •
b. All e11ployeea of tbe City have the right.
to aaaoeiate together fo r
bargaining with the City, and for the purpoaa of
engaging in other collective activiUu; AD4
c.
thereof &hall 4iacriainate, or otherwise
againat any .-ployee for en~ging in, or refwain'J
to engage in, aueh activities.
2. 6 In or.S.r
for the
vbich ia an in44open.S.nt aaaociation of auc:h e.pl~es •
nov, and bas been for a n""'*'er of ;rears, recognh:ed by the
the ·City'• Pollee Department.
2. 7 During the courae of Leyden'• e.pl~ya.nt ;,itt~. •.,., , . . ..
• -'. !~ -.. ~ • :.. "· the City, he haa been an active supporter of tbe Aasociatioil.\.·:. ·.·;:-?~·-•• ~
and he hea, a-g other things, been an elected officer ·-::·.!.::-\:~~:~-;;; . . thereof, been one of the chief negotiator& and &poke_, . · ........ , ..
for the AsaoeiatiOII, been the eJOploy.es• repre-ntaUw to .
the City•a Police Penaion Board, and haa pr ... nted complaint&
and gri evancea, on behalf of himself and on behalf of other
emplcrees, to the Chief, the Director and the Manager. :..•·
2.8 In the aummer of 1980, the Mana9ar and the
Director recommended to tho City's legislative body, ita City
Council, certain proposed charter amendment&, which, if
ultimately adopted by its citizens, would have worked funda-
mental changea in the City's employment policiH and would
have severely restricted the right& of City employee& to
engage in collective activity and negotiations. Shortly
after the receipt of such recommendations, the City Council
scheduled a public hearing upon the aame and invited the
Association, among others, to present its views thereupon.
·.
-3-
•
r
I • •
• I I
'·'
··'
..
''
•
• •
2.9 At the hearing before City council ,
appeAred an<! a4dreaae4 that body. In <!oi.nCJ eo,, ba
cdticiaa of
preaent policiea an<! proce<!ur .. of the
2.10 The activitiea
para9rapha 2. 7 an<! 2.9 above,
hia of tha right• 9rante<! by
-nta to the COnat1tution of the Dnited State&
2 .ll The X....pr, Director &Ad Chief
avare of
Ley<!on'• appearance before c::-uncil, they, ud each of
undertook to retaliate againat Ley<!on for
hia Piret an<! Fourteenth Alllen.W.nta
2.13 '!he Manager coneulted vith the .C!hl~·and
a<!vi»ad the Chief
both the Director
Ley<!on'e actione an<! r ... rke were inappropriate.
2.14 In the early fall of 1980,·a vecaney ln the
poeition of lieutenant in the Police Department occurre<! arid ·
a panel of in<!ependent expert• was create<! to eXAllline and
recommend individuals for appoinbDent to such position.
Leydon applie<! for such position an<! was examined by such
panel, as a result of which the panel recommended Ley<!on to
the Chief, and to the Ma nager, and said that Leydon was the
nest qualified applicant for auch position.
2.15 The Chief and the Manager, however, failed
and refuaed to appoint Leydon to such poaition, but, instead,
appointed another individual, leaa highly recommended by the ·:
independent panel.
-4-
.·'
•
.,
I • •
•
•
• •
2 .U A -tivaUng, U not the aoh , factor iJI th~
failura to appoint Ley4on to auch poai tion v .. bia prior
aae.eiaa of bh Pint and
80re particularly, the r ... rka
.. rliar.
2.17 ne actioaa of the ...,....r, Director and
Cbiaf wera ~mdertal<an by thea ~ color of 1•~. or41AADOe, -..
Z:&91llat1on or cll8toe of thair offi-end wen actions b:r
penofte occupying aucb poaitiona that auch aoU.ou .uat be
conaidared to be official actions of the Ci~y, itaalf.
... ,
2.11 Ae a ruult of Leydoft'a failure to be appo1aui4
to tNI rank of Uautanant, h"! baa loa~. aa4 will OOilUil-t.o
loM, wa~a ... 4 baDefita having a real Yalue in -•• of
$100,000.
1.19
bk-with • villf\ll an4 wan-4iar.,~ of r..:rcton••
uwl d')bta, •• a nautt of lllbich Lay<Son 1• -titl.e4 t.o
reco'V'U' of detedanta .-.plary o-ge8 iDe ~la ---~.
tllmRE!'Oltll, Leydoe praya that thia COVt eDtar !.ta
ordar, judgmaz>t aDd deerea vbieh voul.d;
1. A-rc! to Leydon aucb actual ~ u
the avidellce adduced at the t.i.a o! trial
establishes be has sllffered as a result of
defendanta' actions described herein:
2. Jtwarc! to x.eydon e..-plary daaages in
the circ\JlNit.ances;
3. Direct defendanta to place 1Ay6on in
the position of lieutenant vith the City, with
-s-
•;.·. f ,
.~'
•
!
I • •
..
--. .-· '~·--·"' .. :f , ...
. .... ::
. ~ -~
.,. ' l ~ -· ... :, .. ~ ... ,.
~ ....
.·;:
I '
.. :.: . ·"" ,. I .. . " ·;, ·.. ·-..;.1
• ~. ~· I ' ~ . ..: .. ~; .
. >.
. .
: I
•
• . . •
an effec:ti-appoill~nt .Sate u of the 4ete
upon vbich, but. for 4efen4aDU' acUona bareill
4eH-t.e4, be -\&14 have beell appoillt:e4J
4. Direct. 4efen4aDU to un.S.ruke aucb
other an4 further affi~ti-aouona u thia
court -Y .S.termine to be appropriate UDder
t.11e circu..t.anc••' an4
5. Awar4 to Ley4oll iatereat at t:M
appropriate rate on all .aneury j~te
r,Jr&Dte4 to bia1 coau of auit expen4e4.
illclu4iD9 a r..-able attornay fH for the
proaecution of thh action, aD4 auch othu
ler,Jal or equitable relief aa thh court -y
4eea to be appropriate .
.-
counael for PlaiaUU
-6-
.--~--------~~~----•
. . ·,
I • •
•
I
1\
\I
I
l 7
i D'l'IIUlD IIUDIWoL
l
RECEIVED
:c
-I ...
ClT! OP DOL&tiOOD, COLO"DO ' a
aunicipal ·oo~po~a~ioD=hrhN
..... ·~·
•
• -
. .. -.-.• ·.t
.
;£,..'7 /hL.. .I
I • •
•
I
•
•
• •
. . . .. "'
t ....
Ill Til£ DISTIUCT COUH
IIi AJID FOR Til£ CO~TY Ol' AaAl'AIIOE All!>
ST.\~ 0!' CO LORA~)().
Civil Action llo.
tnown aa 34'15 South ACOID& Street ..
. J. On the aforeaaid date and for ·;~; ·_. defendant \eqliqently allowed the aforesaid
"to be i119roperly and danqerously maintained,
....
aafe and danqeroue condition for travel, by perait~nq the cement·
a i dewalx blocks to form a rouqh and uneven
o{ e ne cement blocX extendinq up ~nd above the eurface of the
inq cement eidewalk block. Defendant kn-pr' abould ~ve knOWQ of ·--it·~ ~.']·,1111lfta•.::
. . ·'"'.f•
the aforeaaid defecte a nd danqeroue condition of aaid aidewa~"'. on ' .:· }£·.::;
April 7, 1980, at approximately 10:30 AM, plaintiff while welki~ 'i~~~~!1
~ ... ~ a northerly direction on aaid a i dewa,lk at the aforaaaid loca~. · '· · • -.-r,
tripped on the projactinq cement sidewalk block, which cauae4 her
to tall.
:.
'·
•
I • •
•
• .. -
' .
c. Aa a pro&iaate
I • •
•
•
•
• •
KX!ltal ~ • A • "
1
l!iO'l'ICZ OP P!:.ASOIIAL ~ •
' ·.
coxo~ z ~ 07IS,
· :•:AY03 , CI'l"' Ol' DIGU:I>'O OD,
COLORADO,
Kll. BE..'l.'iABD ll:!i~AR:l:lll,
C:TY ATTOR.~Y. CITY CP
E:\GLE"n'COD, COLORADO 1
MS . ~AI!i lCJ:: IIATltl!iiS, Cl'l"'
CZ.::.ut , Cl'l"' OP S..'OGU:WOOD ,
CO:.OIIAI:IO • '
Purali&llt to '7 ~
' ...
•
I • •
•
.'·
';
\,c·f
• I
; I'·
,.
. ·
i!onor&b~• lli ne Ot!
Mayor, C~ty o! lnglav~
~nqlevoo4 City Hal
• l•oo South 11&1:1 str ...
Er.glewoo4, Colora4o 8 0l:o
xr. a.rr.ard 14rard~n
City Attoraey
Englewood C~ty Ball
3400 South liilllU Str-t
Enql-OOd, ColDra4o Ol 0
Hal. Jan~c• lfa~
City Clark
Englewood City Ball
3400 South llati ser .. t
Englewood, Colorado 80110
-2-
.·
•
• •
.. ·.
\
·.
'·
., ..
. ,
-.
I • •
(
•
•
•
• -
7 G
Ill nu: DISTRICT COURT lN AND FOR M · r . --· , ... ':. "' -...,..,, COUNTY OP ARAPAHOE ' •
STATE OF COLO RADO , ... ·.
Civil Acti on No . A 8 ~CVll43 , ?1 ~; 1
WO L NYO SlDAilAY d /b/a
BIT ORIENTAL ~IASSACI:,
Plaintiff ,
)
l
)
)
)
... -........
v . l 0 R D E R .· ~; ••• .._
1llE ciTY OF .ENGLEWOOD , ~ : ·,:.~: '
COLORADO DE PARTME NT Ol' ). '· : · J ' .., .•.
LICE NSE AND FI NANCE , ) .. · • .'i !t<. j,
•l·' GARY HIGBEE , Dlli.E CT OR Ol' } .. ,. , -'f ":"
_ i ;.r~ "~::.:~'! .. · . · ~·i·_.:::. . : : .. :. < ;/~~lr;:
. ·i ,.· ", .'" TH~S. MAT~R. b . b,efore t:he C~u,rt: on D:.fen~-~:' ~ ~tl~zi :;~~ ::.fd \ :';;,.
• .. ·•· .. dhmiu Pi~intiff'~ complaint: as conatit~ting it p~aatur, appeai '.from :}.!~-:"-
, ~-. . ... . . . . : . . . .. . --. ~. ... ·-·;,;it ... . ' .
•; ~the · d~cbion of th~ .Uc~sing officer ftpr t!Je City of ' . ··
, . • ••• _ .. ~ -..... ~ ·.,;-~ • • • •• • • .f;: ,· :..· ·i: # -~~~-~-·{~--..
< • Court: has reviewed the motion and the briefs of· the parties and being .• /:·:· ,:~ :.' ~lly ~d~i~~~ elects. ~o dispense wit~ oral ar~ent;' on. t:h: ~tio~'··and ~~~:;~···
...... ;; •• • .. • • .. !..!-..
· ·.,. -de~e~ine the same upo~. the briefs of the parties pu~~uant to . t.Ocai ; .. ':~,. ~ :
: ' ·.Rule IX : ; .; ,' . . ' ·:: · ~;'' . •.,: ...
shall have the right t o appeal such dec i sion to the Englewood ' City
Council within t en days following the effec tive date of the ae~ion ~r
dec1 aion c omp lained of. 9-1 -ll(f). The parties by their argument
-,.. . . ··~:-)t ,,· .. , 'c on cede that no such a p p eal t o th e City Counci l ~''!• tak en from . ' · · ·
the actions of t h e licens ing officer taken on September 12, 1980, aus -
...
pending Pla i n tiff's licen s e fo r a period of twen ty -one days from and
after Septemb e r 1 5, 1 980.
~-•' · ..
..;:
•
I • •
•
..
·~ .
,•.
. . -2-•
Comp a~~· 168 Co . 91, 4 5 0 P .2d 33 9 ;
33. Co.App , 426, 523 P .2d 149 .
•
• •
···-. .·
·,·
Plaintiff a s serts that t h e foregoing ordinaaca
uc:luaive and that Plaintiff hao a right to judicial revtftr purnac . i:~• ... ,
~ ... ""'' t! "·· ".;V~t;..~.: the prov.ttto'na of the rula of procedure govmina · adminhtrnbe hliaJ"i.IID ~
.-~ • ; • 'f • .• -' ~
,,. •. of the C1tt of Englewood, Section 1-7-i , at ; uq'.: Section 1-~~1 ··-V'l,!H
:;"L ... ·, _, -·~··· . !..·. . . '•r~ ·.~·.·',·"-·T· ·"'·)··._ "~ • ·that' !be . purpoa• of the chapter h to provide rules ot procedUre tor tb~ .
••• ";. A! > ••• > i ·. ". '.' ", _.. • • . . . ' j; .· \; • . ''' :• ·, · .... I .... "' ...
. conduct or be&!~nas held fjy vartoua city · qenciee inC?IUdina _t1ty CoUilcil:~ .. . . :··· . ··-.,,,: • ·~· .··." . :. .. ,..,.__.. -~--.:-_--7 i'· ......
. . ~·:£• lt provid .. 41 pa1:t: . . .,. · ·. .'•, . ,._' : ."" . ••• ':· :·~ • .. <. '\'-: ;_
• ;.. ' "' -• • • : :' • . . , . ~ . . • . . . • . • .. . ·. ~I · ·:· '~ ~~.,~ ... :;• "'.'>ii' ';. ! . ;. _.; . ~,,·: ·," ... Nothing herein contained shall .be•·c:onat1:1iall t .'-.: •. ';! • , .,.....,. .... ,i~R
·.·· .. : : • •·.:• ·. or interpreted to grant to any person a right :I. ., ~~~~j
.•. , ' · ·: ~' ··, .-· . ,J:-• ~ to appeal to the City Council,. :the aole ' · · •
,.
'
~.,., •.•. .::;:··_, .... · purpose of this chapter being to estabU.sh · .,, ·. ·~< ......... :..,.,_
· :· procedural rules for hearings othe~iae required · •
by the provis t ons of other laws ." . , • ' ~ .
by -~:~~~tatr!t·i:~ ·~~-· Pursuant to Section l-7·7(c1 any party aggrieved
body "in an ; quasi-j ud i c~al hearing" 1114y seek judtclal review within ,' · •. ' >
ninety days . Pursuant to Section 1-7-3 a quasi-ju4icial hearing
consists, among other hearings , of hearings b efore the City Council
"upon ~l l _appea l s from th e de cision s of any c i ty o ff icial .' .. where such
an appeal is otherwise au thor ized ... "
Statutes i n p ar i ~ should be construed together in:
s uch a wa y as to g ive e ffect to the legislative i ntent and reconcU'e
any differences. Stat e Highway Comm ission o f Colorado v. Haase, ''· ;
the o ther sho uld be excluded u nl es s their provi s i ons are in
. ~-.). ....
•
I • •
•
•
• -
-3-
!n&lewood when
adalniatrative ocheme
vtolationa by maooeae parlor l1ceneeu . The licenailla ~frtt:u ·cc~llik:q~,
~':'-.initial hearina and makea the initial claterainat:to~f-by :
aurieved ... , appeal within ten dayo
~.-,.-.
·. \ :-;: .. -~ .. ,. ~ ·i~en auumina any conflict _i~ th• atatutory
.·. · .. ! , :· -....-' l . • • ~,.
• · applicable ruleo of construction, that etetute dulina
"'.!,:_:~he . ~~;~ct utter must be given preference over a ' atetute 'or ordinance·
-~ . • . ~ .~ . l . ~ ,-.
·' of general application . Air Pollution Control C011111iadon v . Diotrict ·.:· '· .-
Co. , 563 P . 2d 351. .; •. :. :', •';, • ,
' Plaintiff next asserts that the exhauetion of aclminietrativa .. ,·.
remedies provided by the ordinance would have proven to be ttnavailina
because the period of s uspension would have expired prior to any date ,, ..
that City Council could have heard the appeal . This argument pre~uppoaea ~ '
••• .. 01:\ • .. ~ ',."" •
:that an application to City Co unc il for a stay order or special he~ ring ''('
would have been to no ava i l . The Court cann o t assume such result md • '..,_: ·
Plaintiff must exh aust available admin i strative remedies which "are
----~-..
available before the Court has j ur i sdiction to review the actions of ' ... I
administrative officers . The purpose of such requirement ia to inaura
that the agency has additional opportunities to discover snd correct
ita own errors, State of Co lorado v . Veterans Administration, 430
F.Supp . 551, affi rmed 602 F .2d 926, and such procedures cannot be
~ ; ..
•
I • •
r,. ..... "(": '':. ~
. ~, '.•. ·· ...
:· .r~
.. , ~.
•
_, .
.'
•
•
,. •
.. .. · ...
icaored simply becuaae it is alleged that they wculd be . .a&va111Qa .
• " •f ~ •• ..
. ca~!l v . Freeman. 263 F .Supp . 579, affirmed 397 P .2d 600 . • • ., ..
Plaintiff haa ·failed to exhaust , \ .... · ..• ...f,,t
applicable aclminhtra~tv.e : _,::-J l;,'i{!~ll~~:~~
r.;_diea prior to aeekina judicial review of the actiona cocapla1.ne4 ot,"'-t.,;._
. ·-.· ... ~ .. ~ a11d IT IS THEREFORE ORDERED that Defencl.lnt 'a motion to diamiu be and
the •am. hereby is granted . . ~
ENTERED this Z:::1! d.oy of November, 1980 .
· .. .·.
I • •.
.... , . i .. IIY THE COt11l T :
; :; ....
.. ~·. , . ...
.... t '
' .. \ -.· ·;
... . , ..... .,.. "';
'· .
I • •
•
•
•
((
•
•
• -
CITY COUNCIL 'I H
CITY OF ENGLEWOOD, COLORADO
Case No. 19-80
IN THE MATTER OF
THE APPLICAT ION OF
Lynne 'F . Smi th
Michael L. Cooper
E. J . Crabbe
Charles R. Cooper
William and Beatrice M. Bec k er
J oseph and Flossie V. Burr
Ted H. Rickard
Betty J. King
William J. and Betty Lou Bolis
James Henry
Fannie Beshore
Kathle en Harris
Harold G. and Carol J. Pickrel
Paul R. and Beverly J. Yeager
H. Carl and Florence H. Ayers
Larry Colpitts
For Rezoning of a Certain Parcel of
Land from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density
Residence, Pursuant to the
Comprehensive Zoning Ordinance.
FINDINGS OF FACT,
CONCLUSIONS, AND
GRANTING OF
REZONING APPLICATION
WHEREAS, in June, 1980, the above named individuals sub-
mitted their application to the Planning and Zoning Commission
of the City of Englewood to rezone from R-1-C, Single-Family
Re sidence, to R-2-C, Medium-Density Residence, the following
real property:
Beginning at a point where the extended centerline
of the ailey east of 4700 South Cherokee Street inter-
sects the centerline of West Union Avenue; thence
East along the centerline of West Union Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Bannock Street; thence South
along the centerline of said alley to the centerline
of West Layton Avenue; thence West along the center-
line of West Layton Avenue to its intersection with
the extended centerline of the alley east of 4700
South Cherokee Street; thence North along said alley
to the point of be ginning, Arapahoe County, Colorado •
•
I • •
•
(
f
•
•
• .. ..
AND WHEREAS, after public hearing to d e termine whether
or not the application for rezoning of the parcel in question
should be favorably recommended to the City Counci l, the
Planning and Zoning Commission did recommend change in zoning;
and
WHEREAS, the matter came on to be heard before City
Council on the 14th day of October, 1980 and rehearing November 24,
1980.
NOW, THEREFORE, after due consideration of the evidence
presented by the petitioners, both at the public hearing
before the Planning and Zoning Commission on the 22nd day of
July, 1980 and the evidence elicited f rom the petitioners'
witnesses and upon cross-examination on hearing before City
Council, and after a study of all the exhibits offered,
IT IS HEREBY RESOLVED that City Council shall adopt
the following findings and conclusions as its decision upon
said application:
FINDINGS OF FACT
Upon review of the evidence taken in the form of
testimony, presentations, reports and filed documents, the
City Council for the City of Englewood makes the following
Findings of Fact:
1. That the legal description of the 4700 Block of
South Bannock Street upon which an application for rezoning
has been filed is:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street
intersects the centerline of West Union Avenue;
thence East along the centerline of West Union Avenue
to its intersection with the extended centerline of
the alley east of 4700 South Bannock Street; thence
South along the centerline of said alley to the
centerline of West Layton Avenue; thence West along
the centerline of West Layton Avenue to its inter-
section with the extended centerline of the alley
east of 4700 South Cherokee Street; thence North
along said alley to the point of beginning, Arapahoe
County, Colorado.
2. That the owners of 65% of the property in the area
have filed an application for rezoning from R-1-C to R-2, which
has been amended to R-2-C.
-2-
•
I • •
•
(
•
•
•
, . •
3 . That the current zone clas s if icati on i s R-1-C, which
permits a single-family dwelling unit on a minimum frontage
of SO feet and a minimum lot area of 6,000 square feet.
4. That R-2-C, Medium-Density zoning, would permit a
duplex wit h a minimum frontage o f 50 feet on a minimum lot
size of 6,000 square feet.
5 . That notice of public hearing be fore Englewood City
Council was given by posting and publishing in the official
newspaper for the City, the Englewood Sentinel.
6. Tha t the area cons i sts of a one-block segment on
both sides of the 4700 Block of South Bannock.
7. That the area is part of Target Area 6 established
by the Englewood Housing Authority for its Housing Rehabilita-
tion Program.
8. That the area sought to be rezoned by this application
was annexed to the City of Englewood by Ordinance No. 5, Series
of 1950, and, according to the information in the Planning
Division files, was zoned for single-family residential use.
The area was zoned R-1-D, Single-family Residential, in 1955
and remained in that classification until 1963 when the subject
property was zoned R-1-C, Single-Family Residence, by Ordinance
No. 26, Series of 1963, at which time the R-1-D Zone District
was repealed. That the property both to the north and west of
the subject site is zoned R-1-C, Single-Family Residence. That
the property to the east of the subject area is zoned R-2,
Medium-Density Residence, serving as a buffer to property further
to the east zoned B-1 and the property in question. That the
property to the south on the east side of South Bannock Street
is zoned R-3, High-Density Residence, and the property to the
south on the west side of South Bannock Street is zoned R-4,
Residential-Professional.
9. That the applicants of the rezoning testified that it
is economically prohibitive to build a single-family dwelling
in this area.
10. Applic"ant Crabbe stated that he did not think there
would be a rapid change in the block over the next few years
and that there were several nice homes in the heighborhood but
that just a few needed drastic improvement.
11. contradictory test imony was received that it was
economically feasible to build single-family residences in the
proposed rezoning area.
-3-
I • •
•
(
f
•
•
• ..
12. That the Comprehensive Plan identifies the area as
low-density residential incentive area .
CONCLUSIONS
1. T hat the req ue sted rezoning to R-2-C would be in
gene ral 'c omp liance with t h e 1 9 79 Comprehensive Plan of the City
of Englewood.
2. That the nature of the neighborhood has changed and
R-2-C will promote the health, safety, and general welfare of
the public in accordance with the Comprehensive Plan.
For each of the above conclusions, the application for
rezoning of the above described property is granted.
ADOPTED AND APPROVED this 8th day of December, 1980.
Eugene L. Ot~s, Mayor
Attest:
ex officio C~ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of
City Council's Findings of Fact, Conclusions, and Granting of
Rezoning Application of Smith, Cooper, et al, in Case No. 19-80,
adopted and approved Decembe r 8, 1980.
•
I • •
•
(
•
• •
CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO
Case No. 19-80
IN THE MATTER OF
THE APPLICATION OF
Lynne 'F. Smith
Michael L. Cooper
E. J. Crabbe
Charles R. Cooper
William and Beatrice M. Becker
Joseph and Flossie V. Burr
Ted H. Rickard
Betty J. King
William J. and Betty Lou Bolis
James Henry
Fannie Beshore
Kathleen Harris
Harold G. and Carol J. Pickrel
Paul R. and Beverly J. Yeager
H. Carl and Florence H. Ayers
Larry Colpitts
For Rezoning of a Certain Parcel of
Land from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density
Residence, Pursuant to the
Comprehensive Zoning Ordinance.
FINDINGS OF FACT,
CONCLUSIONS, ~~D
GRANTING OF
REZONING APPLICATION
WHEREAS, in June, 1980, the above named individuals sub-
mitted their application to the Planning and Zoning Commission
of the City of Englewood to rezone from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density Residence, the following
real property:
Beginning at a point where the extended centerline
of the ailey east of 4700 South Cherokee Street inter-
sects the centerline of West Union Avenue; thence
East along the centerline of West Union Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Bannock Street; thence South
along the centerline of said alley to the centerline
of West Layton Avenue; thence West along the center-
line of West Layton Avenue to its intersection with
the extended centerline of the alley east of 4700
South Cherokee Street; thence North along said alley
to the point of b e ginning, Arapahoe County, Colorado.
I • •
•
(
c
•
•
• ..
AND WHEREAS, after public hearing to determine whether
or not the application for rezoning of the parcel i n question
should be favorably recommended to the City Co un cil, the
Planning and Zoning Commission did recommend change in zoning;
and
WHEREAS, the matter came on to be heard before City
Council on the 14th day of October, 1980 and reh earing November 24 ,
1980.
NOW, THEREFORE, after due consideration of the evidence
presented by the petitioners, both at the public hearing
before the Planning and Zoning Commission on the 22nd day of
July, 1980 and the evidence elicited from the petitioners '
witnesses and upon cross-examination on hearing before City
Council, and after a study of all the exhibits offered,
IT IS HEREBY RESOLVED that City Council shall adopt
the following findings and conclusions as its d eci sion upon
said application:
FINDINGS OF FACT
Upon review of the evidence taken in the form of
testimony, presentations, reports and filed documents, the
City Council for the City of Englewood makes the following
Findings of Fact:
1. That the legal description of the 4700 Block of
South Bannock Street upon which an application for rezoning
has been filed is:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street
intersects the centerline of West Union Avenue;
thence East along the centerline of West Union Avenue
to its intersection with the extended centerline of
the alley east of 4700 South Bannock Street; thence
South along the centerline of said alley to the
centerline of West Layton Avenue; thence West along
the centerline of West Layton Avenue to its inter-
section with the extended centerline of the alley
east of 4700 South Cherokee Street; thence North
along said alley to the point of beginning, Arapahoe
County, Colorado.
2. That the owners of 65% of the property in the area
have filed an application for rezoning from R-1-C to R-2, which
has been amended to R-2-C.
-2-
•
I • •
(
(
•
•
• -
3. That the current zone classification is R-1-C, whi ch
permits a single-family dwelling unit on a minimum frontage
of 50 feet and a minimum lot area of 6,000 s quare fe e t.
4. That R-2-C, Medium-Density zonin g, would permit a
duplex with a minimum frontage of 50 feet on a minimum lot
size of 6,000 square feet.
5. That notice of public hearing before Englewood City
Council was given by posting and publishing in the official
newspaper for the City, the Englewood Sentinel.
6. That the area consists of a one-block segment on
both sides of the 4700 Block of South Bannock.
7. That the area is part of Target Area 6 established
by the Englewood Housing Authority for its Housing Rehabilita-
tion Program.
8. That the area sought to be rezoned by this application
was annexed to the City of Englewood by Ordinance No. 5, Series
of 1950, and, according to the information in the Planning
Division files, was zoned for single-family residential use.
The area was zoned R-1-D, Single-family Residential, in 1955
and remained in that classification until 1963 when the subject
property was zoned R-1-C, Single-Family Residence, by Ordinance
No. 26, Series of 1963, at which time the R-1-D Zone District
was repealed. That the property both to the north and west of
the subject site is zoned R-1-C, Single-Family Residence. That
the property to the east of the subject area is zoned R-2,
Medium-Density Residence, serving as a buffer to property further
to the east zoned B-1 and the property in question. That the
property to the south on the east side of South Bannock Street
is zoned R-3, High-Density Residence, and the property to the
south on the west side of South Bannock Street is zoned R-4,
Residential-Professional.
9. That the applicants of the rezoning testified that it
is economically prohibitive to build a single-family dwelling
in this area.
10. Applic'ant Crabbe stated that he did not think there
would be a rapid change in the block over the next few years
and that there were several nice homes in the heighborhood but
that just a few needed drastic improvement.
11. Contradictory testimony was received that it was
economically feasible to build single-family residences in the
proposed rezoning area.
-3-
----------------------
•
I • •
(
(
•
•
• •
12. That the Comprehensive Plan identifies the area as
low-density residential i ncentive area.
CONCLUSIONS
1. That the requested rezoning to R-2-C would be in
general ·compliance with the 1979 Comprehensive Plan of the City
of Englewood.
2. That the nature of the neighborhood has changed and
R-2-C will promote the health, safety, and general welfare of
the public in accordance with the Comprehensive Plan.
For each of the above conclusions, the application for
rezoning of the above described property is granted.
ADOPTED AND APPROVED this 8th day of December, 1980.
Attest:
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of
City Council's Findings of Fact, Conclusions, and Granting of
Rezoning Application of Smith, Cooper, et al, in Case No. 19-80,
adopted and approved December 8, 1980.
•
I • •
(
•
•
•
• .. •
C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM
December 3, 1980 i A
SUBJE'CT Municipal Golf Course
Drain and Equalizing Pipes
INITIATED BY ______ ~c~i~t~~~M~awn~a~q~e~r~----------------------------------------
ACTION PROPOSED. ____ ~R~e~c~o~mme~~n~d~a~t~1~·o~n~o~f~~~w~a~r~d~f~o~r~t=be~C==o=n=s=t=r=u=c=t=i=o~n~------~
of the drain and equalizing pipes.
Introduction and Background
The Englewood Municipal
the South Platte River.
each side of the river.
1977. The east aide was
next spring.
Golf Course is located just north of Oxford along
The course consists of eighteen holes, nine on
The west side of the course was completed in
completed this fall and will be ready for play
There are four (4) lakes on the east aide of the river. Three (3) of
the four lakes are presently connected with pipe to equalize the water
level. The furthest north lake is not connected. Storm water also
enters the lakes from the east and raises the level above the existing
sprinkler system heads. A 12-inch pipe line is proposed to be installed
between the last two lakes and a 12-inch drain line with a valve will be
installed between the furthest lake north and the Platte River.
In an effort to get both lines installed before winter freezes the ground
three local contractors were contacted. Their bids were:
T. A. Young Construction Company
Holsum Concrete Products Company
wm. Moran Construction, Inc.
Financial Details
$ 8,045.00
13,330.63
23,356.00
The total cost of this project is $9,000, one-half will be reimbursed
to the City from the Federal Land and Water Conservation Grant. In
summary:
Construction -T. A. Young Construction Co.$
PROJECT CONTINGENCIES
$ Total cost
... ___ -----r--... ~--.......---·-----·
•
8,045.00
955.00
9,000.00
•
I • •
(
•
•
This project has been estimated to cost $7,000 . This amount is
contained in the PIF. The additional $2 ,000 will come from the $5,000 contingency fund in the PIF.
Conclusions and Recommendations
The recommendation is to award this project to T. A. Young
Construction Company in the amount of $8,045.
•
I • •
ORDINANCE NO.
SER I ES OF 19a~o-----
•
• -
BY AUT HOR I TY
CO UNCI L BILL NO. 3 6
INTROD UCED ' BY COUNC IL
ME MBER FITZPATRICK
AN ORDINAN CE RE ZON I NG CERTAIN REAL PROPERTY WITHIN THE ·CITY OF
ENG LEWOOD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDE NC E, TO
R-2-C, MEDI UM-DENS ITY RESIDENCE, AND AMEND I NG THE OFFICIAL ZON ING MA P.
WHEREAS , pursuant to S e ction 22.3 of the Comp rehensive Zoning
Ordinance, a publ ic he aring was held before the City Planning and
Zoning Comm is sion on July 22, 1980 to re zone a certain parcel of
land within the City from R-1-C, Single-fa mily Re sidence, to R-2-c, Medium-Density Residence; and
WHEREAS, said Planning and Zoning Commission has considered
the proposed amendme nt and map change and on July 22, 1980 sub-
mitted its r ecommendation to the City Council for approval thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE r CITY OF ENGLEWOOD, COLORA DO:
•
S ec tion 1. That the followin g described real property shall be rezoned from R-1 -C to R-2-C:
Beginnin g a t a point where the extended center line
of the alley east of 4700 South Cherokee Street intersects
the cente rline of West Union Avenu e; thence East along
the centerline of West Union Avenue to its intersection
with the extended centerline o f the all ey east of 4700
South Bannock Stree t ; thence South al ong the cen·terline
o f said alley t o the centerline o f We st Layton Avenue;
then ce West along the cen terline o f \-lest Layton Avenue to
its intersecti on with the extended centerline of the
alley east of 4700 South Ch e rokee Street; thence North
along said al l ey to the poin t of beginning, Arapahoe County, Colorado.
section 2 . The Official Zoning Map of the City of Englewood,
Co l orado, is hereby ame nded according ly.
Introduced, read in full, a n d passed on first reading on the 18th day of August, 1980.
•
I • •
n
(
•
•
• ..
Publ ished as a Bi ll for an Ordinance on t he 20th day of August, 19 80.
Attest: 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 foregoing
is a ture, accurate and comple te copy of a Bill for an Ordinance
introduced, read in full and p assed on first reading on the 18th day of August, 1980.
Gary R. Higbee
I • •
(
•
ORDIN A CE NO.~---
SERIES OF 198 0
•
• -
BY AUTHORITY
COU CIL BI LL NO. 36
INTRODU CE D' BY COUNCI L
1EMBE FITZPATRICK
AN OR DINANCE REZO NING CERTAIN REAL PROPERTY WITHIN THE ·CITY OF
ENG LEWOOD, COLORADO, F ROM R-1-C, SINGLE-FAMILY RESIDENCE, TO
R-2 -C , MEDI UM -DENS ITY RESIDENCE , AND AME t lDING THE OFFICIAL ZO NING MA P.
WHEREAS, pursua nt to S e ction 22 .3 of the Comp rehensive Zoning
Ordinance, a publ ic hearing was held before the Ci ty Planning and
Zoning Comm i ss ion on July 22 , 198 0 to re zone a certain parcel of
land within the City from R-1-C, Si ngle -fa mi l y Re sidence, to
R-2 -C, Medium-Den sity Residence; and
WHEREAS, said Planning and ?.oning Commission has considered
the proposed amendment and map c h ange and on July 22, 1980 sub-
mi tted it s recomm endation to the City Council for approval the reof.
NOW, THEREFORE, BE IT OR DAI NED BY T HE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO:
Section 1. That the fol lowing described rea l property shall
be rezone d from R-1-C to R-2 -C:
Beginning at a point where the extended centerl i ne
of the alley eas t of 4700 South Cherokee Street intersects
the cen terline of West Union Avenue; thence East along
the centerline o f Wes t Union Aven u e to its in tersection
wi th the extended c enterline of the alley east of 4700
South Bannock Street; thence South a l ong the centerline
of said alley t o the centerlin e of we-st Layton Avenue;
t h ence West alon g the centerline of West Layton Avenue to
its intersection with the extended centerline of the
a lley eas t of 470 0 South Cheroke e S tree t; thence North
along said all ey to the point of beginning, Arapahoe County, Colorado.
section 2 . The Offi cia l Zonin g Ma p of the City of Englewood,
Co lorado, is here by amended accordingly.
Introduced, read in full, and passed on first reading on the
18th day o f August, 198 0.
•
I • •
' •
•
• .. •
Publ ished as a Bill for an Ordina nce on t he 20th day of Au gust, 1980.
Attest: Mayor
ex off~c~o City Clerk-Treasurer
I, Gary R . Higbee, ex officio Ci ty Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the foregoing
is a ture, accurate and complete copy of a Bill for an Ordinance
introduced, read in full and passed on first reading on the 18th day of August, 1980.
Gary R. Higbee
I • •
·lo
•
ORDI ANCE NO.
SERIES OF 198 ~0-----
,.
•
• •
BY AUTHOR ITY
COUNCIL BILL NO. 3
INTRODU CED' BY OUNCIL
MEMB CR FITZPATRICK
AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE ·CI TY OF
ENG LEWOOD , COLORADO, FROM R-1-C, SINGLE -FAM ILY RESI DE NCE , TO
R-2-C , ME DI UM-DENSITY RESIDENCE , AND ~~ND I NG THE OF FICIAL ZONIN G MAP.
\mEREAS, pursuant o Section 22.3 of the Comp rehe ns i v e Zo n ing
Ordi n ance, a public hearing was he l d before the City P lannin g a n d
Zo ning Commission on July 22 , 1 9 80 to r ezone a certain p arcel of
land within the City f rom R-1-C , Single-fa mily Re sidence, to
R-2 -C, Medium-De nsity Re side n ce; and
WHERE AS, said P lanning a nd Zoni ng Commission has considered
the propo sed amen dme n t a nd map c han ge a nd on J uly 22, 1980 sub-
mi tted its re comm e n d a t ion to t he City Co unc i l f o r a pproval thereof.
NOW, THE REF ORE , BE I T OR DAINED BY THE C I TY COUNCIL OF TH E
CI TY OF E NGLEt'iOO D, COLO RADO:
Section 1 . Th at t he foll owing des c r ibed real property shall
be r e z oned f rom R-1-C t o R-2 -C:
Beg i n ning at a point where t h e extended c e nterlin e
of the alley east o f 47 00 S outh Ch e rokee Street inters ects
the cente rline o f West Union Avenue; t hen ce Eas t a l o ng
t h e centerl ine of We s t Un i on Aven ue to i ts i nte rsection
with the extended c enter line of the al l e y east of 47 0 0
South Bannock Street; thence Sou th along t he ce n ter l i n e
of said a l l ey to t he ce n terlin e of W~st Lay ton Avenue ;
t h ence West a l ong the cente rl ine of We st Lay ton Avenue to
its interse ct ion wi t h the extended cen terline of t he
alley east of 470 0 South Cherokee Street; thence Nort h
along s a i d alley to the point of beginn i n g , Arapahoe
Coun ty, Colorado.
Se ction 2 . The Official Zoning Map o f t h e Ci t y of Engle wo od ,
Co l o r ado , i s h ereby amended a ccordingly .
In t roduced, re a d i n full , and passed on first reading on the
1 8th day o f Augu s t, 1980 .
•
I • •
•
•
• .. •
Publ ished as a Bill fo r an Ord inance on t h e 20th day of August, 198 0.
Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R . Higbee, e x officio City Cle rk-Treasurer of the
City of Englewood, Colorado , hereby certify that the foregoing
is a ture, accurate and complete copy of a Bi ll for an Ordinance
introduced, read in full and passed on fir st reading on the 18th day of August , 1980 .
Gary R. Higbee
•
I • •
•
ORDINANCE NO.
SERIES OF 198~0-----
..
•
• •
BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED' BY COUNCI L
MEMBER FITZPATRICK
AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE ·CITY OF
ENGLEWOOD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO
R-2-C, MEDIUM-DENSITY RESIDENCE, AND AMENDING THE OFFICIAL ZONING
MAP.
WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning
Ordinance, a public hearing was held before the City Planning and
Zoning Commission on July 22, 1980 to rezone a certain parcel of
land within the City from R-1-C, Single-family Residence, to
R-2-C, Medium-Density Residence; and
WHEREAS, said Planning and Zoning Commission has considered
the proposed amendment and map change and on July 22, 1980 sub-
mitted its recommendation to the City Council for approval thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the following described real property shall
be rezoned from R-1-C to R-2-C:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street intersects
the centerline of West Union Avenue; thence East along
the centerline of West Union Avenue to its intersection
with the extended centerline of the alley east of 4700
South Bannock Street; thence South along the centerline
of said alley to the centerline of West Layton Avenue;
thence West along the centerline of West Layton Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Cherokee Street; thence North
along said alley to the point of beginning, Arapahoe
County, Colorado.
section 2. The Official Zoning Map of the City of Englewood,
Colorado, is hereby amended accordingly.
Introduced, read in full, and passed on first reading on the
18th day of August, 1980.
·. •
I • •
•
• •
•
•
• .. ..
Published as a Bill for an Ordinance on the 20th day of August, 1980.
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 foregoing
is a ture, accurate and complete copy of a Bill for an Ordinance
introduced, read in full and passed on first reading on the
18th day of August, 1980.
Gary R. Higbee
•
I • •
•
•
• ..
CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO
Ca s e No . 19 -80
IN THE MA TT ER OF
THE APPLICATION OF
Lynne ·F. Smith
Michael L. Cooper
E. J . Crabbe
Charles R. Coope r
William and Beatrice M. Becker
Joseph and Flossie V. Burr
Ted H. Rickard
Betty J. King
William J . and Betty Lou Bal i s
James Henry
Fannie Beshore
Kathleen Harris
Harold G. and Carol J. P ickrel
Paul R. and Beverly J. Yeager
H. Carl and Florence H. Ayers
Larry Colpitts
For Rezoning of a Certain Parcel of
Land from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density
Residence, Pursuant to the
Comprehensive Zoning Ordinance.
FINDINGS OF FACT,
CONCLUSIONS, AND
DENIAL OF
REZONING APPLICATION
WHEREAS, in June, 1980, the above named individuals sub-
mi tted their application to the Plannin g and Zoning Commission
of the City of Englewood to r e zone from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density Resi dence, the following real property:
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Street inter-
sects the centerline of West Union Avenue; thence
East along the centerline of West Union Avenue to
its intersection with the extended centerline of the
alley east of 4700 South Bannock Street; thence South
along the centerline of said alley to the centerline
of West Layton Avenue; thence West along the center-
line of West Lay ton Avenue to its intersection with
the extended c e nterline of the alley east of 4700
South Cherokee Street; thence North along said alley
to the point of beginning, Arapahoe County, Colorado .
•
I • •
•
•
•
AND WHEREAS, af er publ i c he aring o determine wh~th~
or not the appl i cation fo r r ez oning of th parcel in q ues on
should be favorably recommen d e d to the C1ty Counc i l, t he
Planning and Zonin g Comm i ssion did recommend ch nge in z o n ing; and
WHEREAS, the mat er c a me on to b e h e a r d be fo r e City Council on the 14th d a y o f Oc ober, 1980.
NOW, THEREF ORE, after due consideration of the evidence
presented by the petitioners, both at the public hearing
before the Planning and Zon ing Comm i ssion on the 22nd day of
July, 1980 and the eviden ce elicited from the petitioners'
witnesses and upon cross-exa mination on hearing before City
Council, and after a study of all the exhi bits offered,
IT I S HEREBY RESOLVED that City Council s hall adopt
the following findings and conclusions as its deci sion upon said application:
FINDINGS OF FACT
Upon review of the evidence taken in the form of
testimony, presentations, reports and filed documents, the
City Council for the City of Englewood makes the following Find ing s of F act :
1. That the legal description of the 4700 Block of
South Bannock Street upon which an application for re zoning has been filed is:
Beginn ing at a point where the extended centerline
of the a lley east of 4700 South Cherokee Street
intersects the centerline of West Union Av e nue;
thence Eas t along the centerliue of West Union Aven ue
to its intersection with the extended centerline of
the alley ea st of 4700 South Bannock Stre et; thence
So uth along the centerline of said alley to the
centerline of West Layton Ave nue ; thence West along
the centerline of West Layto n Avenue to its inter-
section wit h the ext ended centerline of the alley
e ast of 4700 South Cherokee Street; thence North
along said alley to the point of beginning, Arapahoe Co unty, Colorado.
2. That the owners of 65 % of the property in the area
have filed an application for rezoning from R-1-C to R-2, which has been amended to R-2 -C.
-2-
•
I • •
D
•
•
•
3. That t h e current zone classific a t~on is R-1 -C ,
which permits a s i ngle-family dwe lling uni t on minimum
frontage of 5 0 f e et and a minimum l ot a r ea o f 6 ,000 squ r e
feet.
4. That R-2-C, Medium-Density zoning, would permit
a duplex with a miminum frontage of 50 feet on a minimum
lot size of 6 ,000 square feet.
5. That notice of public hearing before Englewood
City Co~cil was given by posting and publishing in the
official new spape r for the City, the Englewood Sentinel.
6 . That the are a consists of a one-block segment
on both sides of the 4700 Block of South Bannock.
7 . That the area is part of Targe t Area 6 established
by the Englewood Hous ing Authority for its Housing Rehabilita-
tion Program.
8. That the area is composed of single-family residen c es
and is being used in conformity with the R-1-C zoning. That
the area sought to be rezoned by this application was annexed
to the City of Englewood by Ordinan ce No. 5, Series of 1950,
and, according to the information in the Planning Division
files, was zoned for single-family residential use. The area
was zoned R-1-D, Single-family Residential, in 1955 and remained
in that classification until 1963 when the subject property was
zoned R-1-C, Single-Family Residence, by Ordinance No. 26,
Series of 1963, at which time the R-1-D Zone District was
repealed. That the property both to the north and west of
the subject site is zoned R-1-C, Single-family Residence. That
the property to the east of the sub ject area is zoned R-2,
Medium-Density Residence, serving as a buffer to property
further to the east zoned B-1 and the property in question.
That the property to the south on the east side of South
Bannock Street is zoned R-3, High-Densi~y Residence, and the
property to the south on the west side of South Bannock Street
is zoned R-4, Residential-Professional.
9. That the applicants of the rezoning testified that
it is economically prohibitive to build a single-family dwelling
in this area. Applicant Cooper stated that he did not attempt
to get financing for single-family dwellings.
10. Applicant Crabbe stated that he did not think there
would be a rapid change in the block over the next few years
and that there were several nice homes in the neighborhood but
that just a few needed drastic improvement.
-3-
•
I • •
•
•
•
•
•
.. ..
11 . Con radictory testimony was r ece i • 1 t hat it was
economically feas i ble to build single-£ m l y r~s idences in the proposec rezoning area.
12. A rcsiden testified that the introduction of
duplexes wo uld n ot be in keeping with the appe arances of the
neighborhood and that 'ncrea sed densi t y would cause the utili-
ties i n the ne ighborhood to be overburdened.
13. That the Comprehensive P lan identifies the area
as low-dens ity residential incentive area.
CONCLUSIONS
1. That the requested rezoning to R-2-C would not be
in compliance with the 1979 Comprehensive Plan of the City of Englewood.
2.· That the applicants have not proved that the original
zoning of the property was in error nor that changes in the
neighborhood would preclude the development of the subject site
under the existing zoning regulation --R-1-C.
3. The evidence in this case is contradictory. One
party says that the land cannot yield a reasonable return under
current zoning. Another party states that a reasonable return
can be returned. The Council believes that a reasonable
return can be made with the property zoned R-1-C.
4. That the present zoning classification, R-1-C, is
consistent with the past and present use in the neighborhood
and will continue to promote the health, safety, and general
welfare of the public in accordance with· the Comprehens i ve Plan.
For each of the above conclusions, the application for
rezon i n g of the above described property is denied •
ADOPTED AND APPROVED this day of November, 1980.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
-4-
•
I • •
•
•
•
I, G ry R. Higbee, ex officio Ci ty C ler -Treas urer of
the Ci ty o f En g lewood, Col orado , do here b y c e r t~fy t hat the
above and foreg o i ng is a tru e , accura t e and comp l e t e copy of
City Council's Findings of F act , Concl u sions , and Den ial of
Rezoning App licatio n of Smith , Cooper , et al, i n Ca se No. 19-80, adopted and approved November 1980 .
-5-
•
I • •
•
•
• ..
CITY COU NCIL
CITY OF ENGLEWOOD , COLORADO
Case No. 19-80
IN THE MATTER OF
THE APPLICATION OF
Lynne F. Smith
Michael L. Cooper
E. J . Crabbe
Charles R . Cooper
William a nd Beatrice M. Be cker
Joseph and F loss ie V. Burr
Ted H. Rickard
Betty J. King
William J. and Bet t y Lou Boli s
James Henry
Fannie Beshore
Kathleen Harri s
Harold G. and Carol J . Pickrel
Paul R. and Beverly J. Yeager
H. Carl and Florence H. Ayers
Larry Colpitts
For Rezoning of a Certain Parcel of
L and from R-1-C, Single-Family
Residence, to R-2-C, Medium-Density
Resi dence, Pursuant to the
Com prehe nsive Zoning Ordinance.
FINDINGS OF FACT,
CONCLUSIONS, AND
DENIAL OF
REZONING APPLICATION
WHEREAS, in June, 1980, the above named individuals sub-
mitte d their application to the Plannin g and Zoning Commission
of the City of Englewood to r e zone from R-1-C, Single-Family
Residence , to R-2-C, Me dium-Densi t y Residence, the following real property:
Beginning at a point whe r e the extended centerline
of the alley ea st of 4700 South Cherokee Street inter-
se cts the cen terline of West Union Avenue; thence
East alon g the centerline of West Union Avenue to
it s intersection with the extended centerline of the
alley east of 4700 South Bannock Street; thence South
along the centerline of said alley to the centerline
of West Layton Avenue; thence West along the center-
line of West Layton Ave nue to its intersection with
the extended c e nterline of the alley east of 4700
South Cherokee Street; t hence North along said alley
to the point of beginning , Arapahoe County, Colorado •
I • •
•
•
• ..
AND WHERE AS , after pub lic h aring to dete rmine wh ~ her
or not the applica ion for r ezoning of he parcel in quest ion
s hould be favorably recommended to the Ci y Counci l, t he
Planning and Zoning Commission did recommend cha nge in zoning; an d
WH EREAS, he ma tte r c ame on o be heard befo re City
Council on the 14th day of October, 1980.
NOW, THEREFORE, after due consideration of the eviden ce
presented by the petitioners, both at he public hearing
before the Planning and Zoning Commi ssion on the 22nd day of
J ly, 1980 and the evidence elicite d from the petit ioners'
witnesses a nd upon cross-examination on hearing before City
Council, and af e r a study of all the exhi bits offered,
IT IS HEREBY RESOLVED that City Council shall adopt
the following findings and conclusions as its decision upon said application:
FINDINGS OF FACT
Upon review of the evidence t a ken in the form of
testimony, presentations, reports and filed doc uments , t he
City Council for the City of Englewood makes the fol lowing Findin gs of Fact:
1. That the legal description of the 4700 Block of
South Bannock Street upon wh ich an application for rezoning has been filed is :
Beginning at a point where the extended centerline
of the alley east of 4700 South Cherokee Str eet
intersects the centerline of West Union Avenue;
thence East along the centerline of West Uni on Avenue
t o its intersection with the extended centerline of
the alley ea st of 4700 South Bannock Stree t; thence
South along the centerline of said alley to the
centerline of West Layton Avenue; thence West along
the centerline of Wes t Layton Aven ue to its inter-
sec tion with the extende d centerline of the alley
east of 4700 South Cherokee Street; the nce North
along said alley to the point of beginning, Arapahoe
County, Colorado.
2. That the owners of 6 5% of t h e p rope r ty in the area
have filed an application for rezoning from R-1-C to R-2, which has been amended to R-2-C.
-2-I • •
•
•
I
•
•
•
3. That the cu rren t zone classification is R-1-C,
which permits a single-family dwelling unit on a minimum
frontage of 50 feet and a mi nimum lot area of 6 ,000 square
feet.
4. That R-2-C, Medium-Density zoning, would permit
a duplex with a miminum frontage of 50 feet on a minimum
lot size of 6,000 square feet.
5. That not ice of public hearing before Englewood
City Council was given by posting an d publishing in the
officiai newspaper f or the City, the Englewood Sentinel.
6 . That the area consists of a one-block segment
on both sides of the 4700 Block of South Bannock.
7. That the area is part of Target Area 6 established
by the Englewood Housing Authority for its Housing Rehabilita-
tion Program.
8. That the area is composed of single-family residences
and is being used in conformity with the R-1-C zoning. That
the area sought to be rezoned by this application was annexed
to the City of Englewood by Ordinance No. 5, Series of 1950,
and, according to the information in the Planning Division
files, was zoned for single-family residential use. The area
was zoned R-1-D, Single-family Residential, in 1955 and remained
in that classification until 1963 when the subject property was
zoned R-1-C, Single-Family Residence, by Ordinance No. 26,
Series of 1963, at which time the R-1-D Zone District was
repealed. That the property both to the north and west of
the subject site is zoned R-1-C, Single-family Residence. That
the property to the east of the subject area is zoned R-2,
Medium-Density Residence, serving as a buffer to property
further to the east zoned B-1 and the property in question.
That the property to the south on the east side of South
Bannock Street is zoned R-3, High-Densi~y Residence, and the
property to the south on the west side of South Bannock Street
is zoned R-4, Residential-Professional.
9. That the applicants of the rezoning testified that
it is economically prohibitive to build a single-family dwelling
in this area. Applicant Cooper stated that he did not attempt
to get financing for single-family dwellings.
10. Applicant Crabbe stated that he did not think there
would be a rapid change in the block over the next few years
and that there were several nice homes in the neighborhood but
that just a few needed drastic improvement.
-3-
. '
•
I • •
•
•
,.
11 . Contradic ory testimony was rece ived that it was
economically feasible to build single-fami ly r s idences i n
the proposed rezoning area.
12. A resident testified that the introduct i on of
duplexe s would not be in keeping wi h the appe arances of the
ne ighborhood and that increased density would cause the utili-
ties in the neighborhood to be overburde ned.
13. That the Comprehensive Plan identifies the area
as low-density residential incentive area .
CONCLUSIONS
1. That the requested rezon i ng to R-2-C would not be
in compl iance with the 1979 Comp rehensive Plan of the City of Englewood.
2. That the applicants have not proved that the original
zoning of the property was in error nor that changes in the
n eighborhood would preclude the development of the subject site ~~ under the existing zoning regulation --R-1-C.
•
3. The evidence in this case is contradictory. One
party says that the land cannot yield a reasonable return under
current zoning. Another party states that a reasonable return
can be returned. The Council believes that a reasonable
return can be made with the property zoned R-1-C.
4. That the present zoning classification, R-1-C, is
consistent with the past and present us e in the neighborhood
and will continue t o promote the he alth , safety, and general
wel fare of the public in accordance with· the Comprehensive Plan .
For each of the above conclusions, the application for
rezoning of the above described property i s denied.
ADOPTED AND AP PROVED this day of November , 1980.
Attest: Eugene L. Otis , Mayor
ex officio City Clerk-Treasurer
-4-
•
I • •
•
•
• ..
I, Ga r y R. Higbee, ex officio City Cler -Trea surer of
the City of Englewood, Colorado , do hereby certify th at the
above and foregoing is a true, accurate and co~plete c opy of
City Council's F in dings of Fa c t, Conclusions, and Denia l o f
Rezoning Application of Smith, Cooper , et al, in Cas e No. 19-80, adopted and approved No vember 1980 .
-5-I • •
•
•
•
• •
CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO
Case No. 19-80
I THE MATTER OF
THE APPLICATION OF
Lynne ·F. Smith
Michael L. Cooper
E . J . Crabbe
Charles R. Coope r
Wil liam and Beatrice M. Becker
Joseph and Flossie V . Burr
Ted H. Ri ckard
Betty J. King
William J . and Betty Lou Bolis
James Henry
Fannie Beshore
Kathleen Harris
Harold G. an d Carol J. Pickrel
Paul R. and Beverly J. Yeager
H. Ca rl and Florence H. Ayers
Larry Colpitts
For Rezoni ng o f a Certain Parcel of
Land from R-1-C , Single-Family
Residence, to R-2-C, Medium-Density
Re sidence, Pursuant to the
Comprehensive Zon ing Ordinance.
FINDINGS OF FACT,
CO NCLU SIONS, AND
DENIA L OF
REZONING APPLICATION
WHEREAS, in J une, 1980, the above named individuals sub-
mitted their appli cation to the Planning and Zoning Commission
o f the City of Englewood to r e zone from R-1-C, Single-Family
Residence , to R-2-C, Medium-Density Residence, the following
real property:
Beginning at a point whe re the extended centerline
of the alley east of 4700 South Cherokee Street inter-
sects the centerline of West Union Avenue; thence
East along the centerlin e of West Union Avenue to
it s inte rsec tion with the extended centerline of the
alley east of 4700 South Bannock Street; thence South
along the centerline of said alley to the centerline
of West Layton Avenue; thence West along the center-
line of West Lay ton Avenue to its intersection with
the extended centerline of the alley east of 4700
South Cherokee S treet; thence North along said alley
to the point of beginn ing , Arapahoe County, Colorado .
I •
I
c
•
•
• •
AD ~ffiEREA S , after public h ear~ng to determine wh her
or not the app lica ion for rezoning of the parcel in ques ~on
should be favorably recommende d to the C~ y Co uncil, the
Pla nning and Zoning Commi ssion did recommen d ch ange in zon~ng ; and
WHEREAS, the matter came on to be he a r d be o re City
Council on the 14th d 3y of October, 1980.
Nmv, THEREFORE, after due consideration of he evidence
p r esented by he petitioners, both at the public hearing
before the Planning and Zoning Comm is sion on the 22nd day of
July, 1980 and the evidence elicited rom the petit ioners'
witnes ses and upon cross-examination on hearing before City
Council, and a e r a study of all he exhibi ts offered,
IT IS HEREBY RESOLVED that City Council shall adopt
the following findings and c onclusions as its decisi on upon said application:
FINDINGS OF FACT
Upon review of the evidence taken in the form of
test imony, presentations, reports and filed documents, the
City Co unc il for the City of Englewood makes the following
Find ing s of Fact:
1. That the legal description of the 4700 Block of
South Bannock Street upon whi ch an application for rezoning
has been filed is:
Beginning at a point wh e r e the extended centerline
of the alley east of 4700 South Cherokee Street
intersects the centerline of West Union Aven ue;
thence East along he centerline of West Union Avenue
to its inte rsection with the extended cente rline of
the alley east of 4700 South Bannock Street; thence
So uth along the centerline of said alley to the
centerli ne of West Layton Avenue; thence West along
the centerline of West Layton Avenue to its inter-
section with the extended centerline of the alley
east of 47 00 South Cherokee Street ; thence North
along said alley to the point of beginning, Arapahoe
County, Colorado.
2. That the owners of 65% of the property in the area
have filed an application for rezoning from R-1-C to R-2, which
has been amended to R-2-C.
-2-I • •
'
•
•
• ..
3. That the current zone c lass1fication is R-1-C,
which permits a single-family dwelling unit on a minimum
frontage of 50 feet a nd a minimum lot are a o f 6,00 0 square
feet.
4. That R-2-C, Medium-Density zoning, would permit
a duplex with a miminum frontage of 50 feet o n a minimum
lot size of 6 ,000 square feet.
5. That notice of public hearing before Englewood
City Co~ncil was given by posting and publishing in the
official newspaper for the City, the Englewood Sentinel.
6. That the area consists of a one-block segment
on both sides of the 4700 Block of South Bannock.
7. That the area is part of Target Area 6 established
by the Englewood Housing Authority for its Housing Rehabilita-
tion Program.
8. That the area is composed of single-family residences
and is being used in conformity with the R-1-C zoning. That
the area sought to be rezoned by this application was annexed
to the City of Englewood by Ordinance No. 5, Series of 1950,
and, according to the information in the Planning Division
files, was zoned for single-family residential use. The area
was zoned R-1-D, Single-family Residential, in 1955 and remained
in that classification until 1963 when the subject property was
zoned R-1-C, Single-Family Residence, by Ordinance No. 26,
Series of 1963, at which time the R-1-D Zone District was
repealed. That the property both to the north and west of
the subject site is zoned R-1-C, Single-family Residence. That
the property to the east of the subject area is zoned R-2,
Medium-Density Residence, serving as a buffer to property
further to the east zoned B-1 and the property in question.
That the property to the south on the east side of South
Bannock Street is zoned R-3, High-Densi~y Residence, and the
property to the sout h on the west side of South Bannock Street
is zoned R-4, Residential-Professional.
9. That the applicants of the rezoning testified that
it is economically prohibitive to build a single-family dwelling
in this are a . Applicant Cooper state d that he did not attempt
to get financ ing for single-family dwellings .
10. Applicant Crabbe stated that he did not think there
would be a rapid change in the block over the next few years
and that there were several nice homes in the neighborhood but
that just a few needed drastic improvement.
-3-
•
I • •
<
•
•
• ..
11. Co n t r adicto r y te stimony w s r ceiv d tha t ~t was
e conomically fe asib l e to bu ild sing l e -family r sidences in
the p r o po s e d r e zoning area.
12. A r e s i d e nt t e stifie d that the in t rod uctio n of
duplexes would not be in keeping wi th the a ppearances of t h e
neighborhood and that increase d density would cause the utili-
ties in the nei g hborhood t o b e overburdened .
13. That t h e Comprehensive P lan identifies t he ar e a
as low-den sity residential i nce ntive area.
CONCLUSIONS
1 . That the requested rezoning to R-2-C would not be
in compliance with the 1979 Comprehensive Plan of the City of
Englewood.
2. That the appl icants have not proved that the original
zoning of the property was in error no r that changes in the
neighborhood would preclude the developme nt of the subject site
under the existing zoning regulat ion --R-1-C.
3. The evidence in this case is contradictory. One
party says tha t the land cannot yield a reasonable return under
current zoning. Another party states that a reaso nab le return
can be returned. The Council believes that a reasonable
return can be made with the property zoned R-1-C.
4. That the present zoning cl assification, R-1 -C, is
consistent with the past and present use in the neighborhood
a nd will continue to promote the health, safety , and general
we lfare of the publ ic in accordance with· the Comprehens ive
P l an.
For e a c h o f the above c o nclusions, the application for
rezonin g o f the above d esc r i bed prope rty is denied .
ADOPTED AND AP PROVE D this day of November, 1980.
Eugene L . Otis, Mayor
Attest:
e x officio City Clerk -Treasurer
-4-
•
I • •
•
•
• ..
I, G ~ry R. Higbee, ex offi c io Cit • Cle r K-T reasurer of
the City of Englewood, Colorado, do here y ce rt1fy t hat the
above and for egoing is a true, accurate and c omp l e te copy of
City Counc i l's F i ndings of Fact, Conclusions, and Denial of
Rezoning Application of Smith, Cooper , et al, 1n Case No . 19-80,
adopted and approved November 1980 .
-5 -
•
I • •
•
(
•
j
ORDINANCE NO.
SERIES OF 198"0 --
•
• •
BY AUTHORITY
A BILL FOR
;/-r {l · . -
7'fr1
COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER 1/tg /Lljl
AN ORDINANCE SETTING FORTH THE PARAMETERS OF THE UPCOMING
SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM OF THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood,
Colorado, pursuant to the Charter and the Municipal Code of
the City and the laws of the State of Colcrado, is desirous
of setting forth its parameters for the upcoming single
family mortgage revenue bond program of the City of Englewood;
and
WHEREAS, such parameters have been established on
the basis of discussions with feasibility study personnel,
underwriters, the City Planning Group, and current market
conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
•
•
I • •
•
•
•
• ..
Section 1 . Parameters. The parameters for the upcoming
single family mortgage revenue bond program o f the City of
Englewood shall be as follows:
(a) Originat io n Fee -Not to exceed 2%;
(b) Servicing Fee -3/8 of 1% annual servi cing fee ;
(c) Program Participa tion Fee -Not to exceed 2%
which may be paid b y either the homebuyer or
seller;
(d) Prepayment Penalti es -Not to exceed 4% for the
first five y ears of the mortgage;
(e) Haximum Income -$29,500: max i mum income means
for the mortg agor's taxable year, wh i ch taxable
year shall be the taxable year 1980, the total
annual income of the mortgagor from whatever
source derived and before taxes or withholding
together with the total annual income from what-
ever source derived and before taxes or with-
holding of all persons who intend to permanently
reside with such mortgagor in the same dwelling
(the mortg agor and such other persons intending
to permanently reside in the same dwelling being
hereinafter referred to collectively as ''house-
hold members"), less the total of the credits
computed in accordance with the following:
(i) a cred it in an amount equal to $1,000 for
each household member other than the head of
the household; (ii) a credit in an amount
equal to all earnings of any household me~er
who is under 18 years of age, or who is
physically or mentally handicapped as determined
on the basis of medical evidence from a licensed
physician; (iii) a credit in an amount equal to
medical expenses of household members, not com-
pensated for or ccvered by insurance, in excess
-2-
•
I • •
c
•
• 0 •
(
•
•
•
,. ..
o f 3% of the total gross a djus ed income of
a l l househo l d member s; (1v ) a cr ed it i n an
a mo unt equal to one-hal f o f t he total earn ings
o f a l l household me mb e r s over 18 years of age
who are secondary wa g e earners in the house-
hold , other than the s p ouse of the head of
household, provided, however, that such credit
applicable under this subs e cti on (iv) may not
exceed $2,500 and (v) a credit in an amount
equal to all income of any household member of
an unusual or temporary nature and not related
to such household member's regu l ar employment,
as determi ned by the lending institution ;
(f) Maximum Home Value ~ $80 1 000 which amount re-
presents the sa les price or a~praised val ue,
whichever is greater;
(g) Types of Homes Whi ch Can Be Financed -Single
family detached homes, condominiums, townhouses
and duplexes;
(h) Mortgage Interest Rate -Not to exceed 12%;
(i) Commitment Period -One year from the date of
issuance of the bonds to receive firm commit-
ment letters;
(j) Funding Period -An additional period not to
exceed six months to fund mortgage loans after
the end of the commitment period;
(k ) Requirements for Participation of Lenders -
Commitment Fee in the form of a cashier's
check in an amount not to exceed 2% of the
commitment at the time they submit their com-
mitment for mortgage money or Letcer of Credit
from the participating lenders not to exceed 3%
of their allocated a mount at the time of closing
the bond jssue;
-3-
•
t
I • •
n
•
(
•
•
• •
( 1) Term of Mortgage and l-tinim m Loan Amount -30
years with substantially level payments; min1 -
mum pr1ncipal amount of loan of not le ss than
$10,000;
( ) Types o= Loan -Conventional, VA or FHA;
(n) Applicants -Anyone who intends to purcha se a
residence 1n the City limits of Englewood,which
residence s hall be occupied by the mo rtgagor a s
such mortgagor's principal place of resid ence, a nd
who meets the tlaximum Income and Maximum Ho me
Value criteria previously de sc ribed;
(o) Loan to Val u e Ratio of Mortgage Loans -Not
mo re than 75% of t h e aggregate p rincipal amount
of the mortgage loan s will represent mortgage
loan s , the orig inal principal amounts of which
are greater t han 90% (but n ot greater than 95%)
of t h e ini t ial a ppr a i sed v al ue of the property
subject to the related mortgage , exc ept for
mortgage loans with FHA i nsurance or a VA
guaranty;
(p) Re habil i tation Mortg age Loans -Permitted in
accordance with t h e fol l owing: (i) the mort-
gage loan will be used to rehabilitate resi-
dential re al prop erty by the improvemen t or
i ncrease of essent i al living space (but not
for amenities unrelated to such improvement
o r increase), and (ii) the appraised value of
t he property wi ll i ncrease b y virtue of the
rehabil i tat i on by n o t less than 25% of its
pre-rehabilitation appraised val ue; p rovided
that t h e ~r~-;eRaailitatieR •ppraised~~a1ue
pl~s t~e •~e~~l ee3t ef rehaeilitati&fl shall
not exceed $80,0 00 ; and
-4-
•
tl tJJe/ldJ??e..l? f
11-1?-1/
I • •
•
• •
c
(q) S1ze of Bond Issue -Approx1ma ely $25,000,000.
Section 2. Changed Circumstances. In the even t that the
hereinbefore-dcscr i ed pa rarnete=s must be revised in order to
comply with legislat io n in existence at the time of the issu -
ance of the bonds and the passage of he bond ord1n ance,or to
impro v e the marketabil ity of the b onds a the t i me the s ame
ar e marketed, such parameters may be amended and incorporated
and fi n ally a ppr ove d in t h e b ond o r din an ce fo r t h e s ingle
family mortgage revenue bond program of the Ci t y .
Section 3 . He a ring . In accorda nce with S e ction 40 of
( the City Ch a rter, the City Council shall h old a public hear-
i ng on thi s ord i n a nc e, before final passage, at 7:30 P.M. on
/J!t;J)4 11 , Decembe r f_. 1 980.
I
Section 4 . P ub li c ation and Effective Date. Th i s
Ord i nance, after its fi na l passage, sha l l b e numbe r ed and
recorded and the adoption a n d p ub licat i on shal l be authenti-
ca ted by the s igna ture of t h e Ma yor and the Di rector of
Fi na nce , ex-off i cio City C l erk-Treasurer, and b y the Certifi-
ca te of Pub li c a t ion. This Ord i nance s h all become effective
• •
30 d ay s after publication follo wi ng final passage.
I c -5-
• •
•
•
•
•
•
•
Introduced, read in full, and passed on first read i ng
the 17th day of Novemb er , 1980 .
Published a s a Bill for an Ord inance on the 19th day
of November, 1980.
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 17th day of November, 1980.
Gary R. Higbee
-6-
•
I • •
(
•
•
• -
~ft)~~t. //-l 'l-60
~tkJa h» /l-/'1 -fO
· BY hUTHORI TY
ORDINANCE 0 .
SERIES OF l98xo-----
A BILL FOR
OU NCIL BILL NO. 62
I NTRO DUCED BY COU NCI L
ME IBER Jfe.~oa...
AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF
ENGLEWOOD , COLORADO, I-1 , LIGHT IND USTRIAL DISTRICT, AN!) JU.(_E!IDING
.:.C.. ,JN MAP IN ACCORDANCE THE REWITH.
lfflEREAS, p ursuant to the Engle wood Comprehensive Zoning 0-di~ance and Colorado Re vised Statutes, public hearings were
h ld befo re the Englewood Planning and Zoning Commission on
Octob e r 21, 1980 to consider the zoning of certain property
a n ne x e d to the City of Englewood; and
WHEREAS, on the 21st day of October, 1980, said Planning
a nd Zoning Comm ission submitted its Finding s of Fact, Conclusion
and Recommen dation that I-1 Industrial zoning be imposed on that p roperty annexed; and
WHEREAS , City Counc il finds and determines that public
necessity, convenience, health, safety, and good zoning practices
r equi re the zoning of the fo llowing described property.
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOO D, COLORADO:
Section 1. Zone Classification.
That the following described rea l property shall be zoned
I-1 , L ight Industrial Di s trict :
Part of the SW 1/4 of NE 1/4, Section 9, Township 5
South, Range 68 West of the 6th P.M. described beginning
at a point 662 .1 feet orth a nd 87 feet East of the
center of said Section 9, said point al so being the
cente rline of West Tuft s Avenue; thence North 220 feet,
more or less, to a p oint on the Englewood City Limits;
thence East along said City Limits 46.9 feet, more or
less; thence No rth along said City Limits 220.9 feet,
more or less; thence East along said City Limits 196.8
feet more or less; thence South along said City Limits
440.9 feet, more or less, to the centerline of West
Tu fts Avenue; thence West along said centerline 244
feet , more or less to the point of beginning, contain-
ing 2.231 acres, more or less, Ara pahoe County,
St a t e of Colorado.
•
I • •
(
•
•
•
..
Section 2. Zoning Map Amended.
That the official zonin g map of the City of Englewood
shall be and hereby is amended to conform to the provisions
of Section 1 of this Ordinance .
Introduced, re ad in full and passed on first reading on
the 17th day of November, 1980.
Published as a Bill for an Ord i nance on the 19th day of No vember, 1980.
Attest: Mayor
ex offic~o city Clerk-Treasurer
I, Gary R. Hi gbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a t rue, accurate and complete copy of a Bill for
an Ordinance, introduced, read in full and passed on first
reading on the 17th day of November, 1980.
Gary R. Higbee
-2-
•
I • •