The URL can be used to link to this page

Home My WebLink About1980-12-22 (Special) Meeting Agenda• • ,. - City ~11 Meetin& -~ -Deceaber ~ 1980 4fi-Cl-OL I • • t • CITY COUNCIL MEETING December 22 1980 • • - RESOLUTION I ~, -~, 54, 55, ORDINANCE I 58, 59, 60, 61, 0 I . . n • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO !A December 22, 1980 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 22, 1980, at 7:30p.m . Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 S. Acoma. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. • • • • • • Also present were: City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Johannisson COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF DECEMBER 8, 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. • • • * * * Mayor Otis presented Marlys Duran, Editor of the Sentinel with a special award from the City. Ms. Duran will become a member of the staff of the Rocky Mountain News. • * * * * * • • I • • • December 22, 1980 Page 2 .. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT ALL ITEMS UNDER COMMUUICATIONS -NO ACTION RECOMMENDED. Council Member Bilo secon ded t he motion. Upon a cal l of the rol l , the vote resul ted as fo l lows: Ayes: Coun ci l Membe rs Hig da y , Neal, Fi tz patr i ck, Keena , Bi lo, Br ad s haw, Oti s . Nay s: None. The Mayor declared the mot i on carried . • * • * * * Council Member Higday discussed the minutes of the Parks and Recreation Board meeting as they related to the purchase of the Hall property. He was in favor of giving Packy Romans authority to bargain for the purchase of the property setting a $15,000 -$20,000 limit on the purchase price. This was followed by general Council discussion. City Manager McCown presented his thoughts and requested that Council pass a motion to look into the situat i on and report back to Council with results and any possible offers from the Halls. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY INVESTIGATE THE POSSIBILITY OF PURCHASIUG THE HALL PROPERTY, OBTAIN A FIRM OFFER FROM THE HALLS, OR MR. DITTEMORE, AND REPORT THE RESULTS BACK TO CITY COUNCIL. Council Member Neal seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a request to utilize RTD grants for repairs at three City locations. The RTD grant would total $20,600 . The City would provide engineering services to complete the projects . COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO DRAW UP ORDINANCES ACCEPTING THE RTD GRANTS FOR REPAIR OF THE LOCATIONS IN THE CITY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • • • December 22, 1980 Page 3 Ayes : Council MeMbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays; None . The Mayor declared the motion carried. * * * * * * Community Development Director Powers presented the 1980 Housing Assistance Plan. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE 1980 HOUSING ASSISTANCE PLAN. Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. RESOLUTION NO. 52 SERIES OF 1980 ****** A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, MUNICIPAL COURT JUDGE, AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1981. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 52, SERIES OF 1980. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: Council Member Higday. The Mayor declared the motion carried. RESOLUTION NO. 53 SERIES OF 1980 ****** A RESOLUTION ADOPTING AND APPROVING THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR 1981 . • I . • • • • • • • December 22, 1980 Page 4 COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 53, SERIES OF 1980. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. • * • • • • Acting City Attorney DeWitt presented the status of various City Attorney actions. COUNCIL MEMBER KEENA MOVED TO PERMIT THE CITY ATTORNEY TO LET THE MATHEWS AND MATHEWS LITIGATION DIE A NATURAL DEATH. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays: None The Mayor declared the motion carried. ****** COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO TAKE ACTION TO DEFEND THE CITY IN THE HUSTON VS CITY OF ENGLEWOOD COMPLAINT. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Nays: None . The Mayor declared the motion carried. * * * * * * Mr. DeWitt handed out appraisals of the Pezoldt property which pertains to the City of Englewood vs. Pezoldt (Fire Station No. 3). * * * * * * • I • • • • • .. - December 22, 1980 Page 5 COUNCIL MEMBER BILO MOVED TO ESTABLISH A COMMITTEE ON LONG RANGE BUDGETING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: ~es : Council Members Higday, Neal, Fitzpatrick Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. ****** COUNCIL HEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis declared the meeting adjourned at 9:50 p.m . • I . . • • • • COU CIL CHA BERS CITY OF E GLEWOOD , COLORADO !A Dec embe r 22, 1980 SPECIAL EE TIN G: The Ci t y Council of the City of En glewo od, Arapahoe County , Col orado, met in special session on Dece mber 22, 1g80, at 7:30 p.m. Mayor Ot i s, presiding, called the meetin g to order . The invocation was given by Reverend Fred Hahn , Immanuel Lutheran Church , 3695 S. Acoma. The pledge of allegiance was led by Mayor Otis . May or Otis asked for roll call. Upon a call of the roll, the fo l lowing wer e present: Council Mem bers Higday, N e~l, Fitzpa t rick, Keena, Bilo, Bradshaw, Otis. Absent : None . The Mayor declare d a quorum present. **'**** Also present were: City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Johannisson COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPE CIA L MEETING OF DECEMBER 8, 1980 . Coun ci l Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Membe rs Higday, Neal, Fitzp atrick, Keena, Bilo, Bradshaw, Otis . Nays : None . The Mayor declared the motion carried . * * * * * * Mayor Otis pr ese nted Marlys Duran, Editor of the Sentinel with a spec i al award from the City . Ms . Duran will become a member of the staff of the Rock y Mountain News . * * * * * * • I • • • • • • December 22 , 1gao Page 2 COUNCIL EMBER BRADSHAW MOVED TO AC CEPT ALL ITE S UN DER COMMUIICATIONS-NO ACTI ON RECOMMENDED. Council Me mber Silo secon ded the mot ion. Upon a ca ll of t he ro ll, the vote resulted as follows : Ayes : Cou ncil Members Hig day, Neal, Fitzpatrick , Keena, Bilo, Bradshaw, Otis . ays : None. The Mayor declared the motion carried . ****** Co uncil Member Higday discussed the minutes of the Parks and Recreation Board meeting as they related to the purchase of the Ha ll property. He was in favor of giving Packy Romans authority to bargain for the purchase of the property setting a $15,000 -$20,000 l i mit on the purchase price. This was followed by general Council discussion. City Manager McCown presented his thoughts and requested that Council pass a motion to look into the situa tion and report back to Council with results and any possible offers from the Halls. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY INVESTIGATE THE POSSIBILITY OF PURCHASiriG THE HA LL PROPERTY, OBTAIN A FIRM OFFER FROM THE HA LLS, OR MR. DITTEMORE, AND REPORT THE RESULTS BACK TO CITY COUNCIL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a request to utiliz e RTD grants for repairs at th r ee City locations. The RTD grant would total $20,600 . The City would provide engineering services to complete the projects. COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO DRAW UP ORDINANCES AC CE PTING THE RTD GRANTS FOR REPAIR OF THE LOCATIONS IN THE CITY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: I • • • • • • • • December 22 , 1980 Page 3 Ayes: Council Members Higday, Neal. Fi tz patr1c~. Keena, Silo, Br adsh aw , Otis Nays; None . The Mayor de cl ared the motion carried . **'**** Community Oeve 1 opment Oi recto r Power5 pres en ed th 1980 Housing Assista nce Plan. COUNCIL ME BER BRADSHA MOVED TO APPROVE THE 1980 HOUSIN& ASS ISTANCE LAN . Council Member F1 zpatric seconded the mo ion. Upon a call of the ro ll. he vote re5ul ed as follows: Ayes: Counc il mbers 1gd ay, Neal, F1t zpatric , Keena , B1lo. Bradshaw, Otis . Na ys : None. The Ma yor declared he mot1on carried. RESOLUTION NO. 52 SERIES OF 1980 ****** A RESOLUTION ESTA BL IS HING ANNUAL SALARIES FOR THE CITY MANAGER , MUNICIPAL COURT JUDGE, AN D ASSOCIATE JUD GES FOR THE CALENDAR YEAR 1981 . COUNCI L MEMBER KEENA MOVED TO APPROVE RESOLUTION NO . 52, SERIES OF 1980. Counc il Member Bradshaw s econded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Me mbers Nea l , Fitzpatrick, Keena, Silo, Br adsh aw, Otis. Nays: Counci l Memb er Higday . The Mayor decla r ed the motion carr i ed. RESOLU TION NO . 53 SERIES OF 1980 ****** A RESOLUTION ADOPTING AND APP ROVI NG THE BUDG ET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FO R THE FISCAL YEAR 1981. • I • • v D Decem ber 22, 1980 Page 4 • • COU CIL MEMBER KEENA MOVE D TO APPROVE RESOLU TION NO. 53, SERIES OF 1980. Council Me mber Bi lo seconded th e motion . Upon a call of the roll, the vote resulted as follows : Ayes: ays : Co unc il Memb rs Higd ay, Neal, Fitzpat r ick, Ke ena, Bilo, Bra dsh w, Otis. None. The Mayor dec lared the motion carried . * * * * * * Acting City Attorney DeWitt presen ted the status of various City Atto r ney actions . COUN CIL MEMBE R KEENA MOVED TO PERMIT THE CITY ATT ORNEY TO LET THE MA THE WS AND MATHEWS LITIGATION DIE A NATURAL DEATH. Council Member Bilo second ed the motion . Upon a ca ll of the roll, the vote resulted as follows : Aye s : Nays : Counci l Members Higday, Neal, Fi tzpatrick, Keena, Bilo, Bradsha w, Otis. None The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO TAKE ACTI ON TO DEFEND THE CITY IN TH E HUSTON VS CITY OF ENGLEWOOD COMPLAINT. Counc i l Member Neal seconded the motion. Upon a ca ll of the roll, the vote resu lted as fo llows: Ayes : Nays : Council Members Higday, Neal, Fitzpa trick , Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carri ed . * * * * * * Mr. DeW itt han ded out app r aisal s of the Pezoldt property whic h pertains to the Ci ty of Eng lewood vs. Pezoldt (F ire Station No. 3). * * * * * * I • • • December 22, 1980 Page 5 .. • • • COU NCIL MEMBER BILO MOV ED TO ESTABLISH A CO~ ITTEE 0~ LON G RANGE BUDGETING. Counci l Member Fitz patr ic~ seconded he motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Council t4e mb ers Hig da y, Nea l, Fitzpatrick Ke ena, Bilo, Bradshaw, Otis . Nays: None. The Ma yo r declared the motion carried . ****** COUNCIL MEMB ER HIGDAY MOVED TO ADJOURN THE MEETIN G. Mayor Oti s declared the me~ting adjo urn ed at 9:50 p.m. I . . • • • ,. .. COUNCIL CHAMBERS CITY OF ENGLEWOO D, COLORA DO !A December 22, 1g8 0 SPEC IAL MEETING: The City Council of the City of Englewood , Arapahoe Coun ty, Colorado, met in special session on December 22 , 1g 8o, at 7 :30p.m. Mayor Otis, presiding, called the meeting to or der . The invocation was given by Reverend Fred Hahn, Immanuel luthera n Chu rch, 36gs S. Acoma. The pledge of allegiance was led by Mayor Otis . Mayor Oti s asked for roll call. Upon a call of the roll, the following we re present : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Johannisson COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIA L MEETING OF DECEMBER 8, 1980 . Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried. * * * * * * Mayor Otis presented Marlys Duran, Editor of the Sentinel with a special award from the City. Ms. Duran will become a member of the staff of the Rock y Mountain News . * * * * * * • • I • • • December 22, 1980 Page 2 • • - COUNCIL MHIBER BRADSHAW MOVED TO ACCEPT ALL ITEMS UNDER COMMUUICATIONS -0 ACTION RECOMMENDED . Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Counc i l Members Hig day, Neal, Fitzpatrick, Ke ena, Silo, Bradsh aw, Otis. Nays: None. The Mayor declared the motion carried. ****** Council Member Hig day discussed the minutes of the Parks and Recreation Board meeting as they re la ted to the purchase of the Hall property . He was in favor of giving Packy Roman s autho rity to bargain for the purchase of the property setting a $15,000 -$20,000 l im it on the pu rchase price. This was followed by general Council di scussion. City Manager McCown presented his th ou gh ts and requested that Council pass a motion to look into the situat i on and report back to Council with results and any possible offers from the Halls . COUN CIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY IN VESTIGATE THE POSSIBILITY OF PURCHASitlG THE HALL PROPERTY, OBTAIN A FIRM OFFER FROM THE HALLS, OR MR. DITTEMORE, AND REPORT THE RESULTS BACK TO CITY COUNCIL . Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick , Keena, Silo, Bradshaw, Otis. Nays: None . The Mayor declared the motion carried. * * * * * * Assistant City Mana ger Wanush presented a request to utilize RTD grants for repairs at three City location s . The RTD grant would total $20,600 . The City would provide engineering services to complete the projects . COUN CIL MEMBER KEENA f~OVED TO DIRECT TH E CITY ATTORNEY TO DRAW UP ORDINANCES ACCEP TING THE RTD GRANTS FOR REPAIR OF THE LOCATIONS IN THE CITY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resul t ed as follows : • I • • • • • December 22, 1980 Page 3 • • Ayes : Council Members Higday, Nea l, Fi tzpatric , Keena, Silo, Bradshaw, 0 is . Nays; None . The Mayor de clared the motion carried . * * * * * * Comm unity Dev e l op me nt Directo r Powers pres ented the 1980 Housi ng Assista nce Plan. COU NCIL MEMBER BRA DSHAW MOVED TO APPROVE THE 19 80 HOUSING ASSISTANCE PLAN. Council Mem be r Fitzpatrick sec ond ed th e mo ti on. Upon a call of t he roll, the vote resu l t ed as follows: Aye s: Coun cil Members Higday, Nea l, Fitzpatrick , Keena , Bi l o , Brad s haw , Oti s . Na ys : None . The Ma yor dec lared t he mo tion carri ed . RESOLU TIO N NO. 52 SERIES OF 19 80 * * * * * * A RESOLUTION ESTAB LIS HING AN NUA L SAL ARIES FOR THE CITY MA NAGE R, MUN ICIPAL COURT JUDGE, AND AS SOCIATE JUD GES FOR THE CA LENDAR YEAR 198 1. COUNCIL ME MB ER KEENA MO VED TO APPR OVE RES OLUT ION NO . 52 , SERIE S OF 1980. Coun ci l Mem be r Brads haw seconded th e motion. Upon a call of the roll, the vo te resulted as fo l lows: Ayes: Co un ci l Mem bers Nea l , Fi tzpatr ick, Keena, Bilo , Br ad s haw, Ot is . Nays : Council Memb er Higda y . The Mayor decl ared the mot ion carri ed. RESOLUTION NO. 53 SERIES OF 1980 * * * * * * A RESOLUTION AD OP TING AND AP PROVING THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTH ORITY FOR TH E FI SCAL YEAR 19 81 . • I . • • • • • December 22 , 1980 Page 4 COUNCIL MEMBER EE A MOV ED TO APPRO vE RESOLUTIO m. 53, SERIES OF 1980. Council Me mber Silo seconded the MO ion . Upon a ca ll of e roll, the vote resulted as follows· Ayes : Council '"'m e rs Hi gday ea 1 Fitzpa ric , reena , Silo , Bradsh w. 0 is. Nays : None. Th Mayor declared th mo ion carried ****** Acti ng City Attorney DeWitt presented the status of various City Attorney act1ons. COUNC IL MEMBE R KEE NA MOVED TO PER MIT THE CI TY ATTOR EY TO LET THE ~1ATHEWS AND MATHEWS LITIGATION DIE A NATURAL DEATH. Counci 1 Member Silo seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays : None The Mayor declared the motion carried. ****** COUN CIL MEMBER BRADSHA W MOVED TO DIRECT THE CITY ATTORNEY TO TAKE ACTION TO DEFEND THE CITY IN THE HUST ON VS CITY OF ENGLEWOOD COMPLA INT. Council Member Neal seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Counc il Members Higday, Neal , Fitzpatri ck, Keena, Silo, Brad shaw , Otis. Nays: None. The Mayor declared the motion carr i~d. ****** Mr. De Wit t handed out appraisals of the Pezo ldt pr ope rty which pertains to the City of Englewood vs . Pezoldt (Fire Station No . 3). "***** • I • • Dece r 22 , 1980 Page 5 • • - COUNCI L EMB ER BIL O VED TO ESTABL ISH A CO: HTI EE ON 0 G RANGE BUDGETIN G. Counc i l Membe r F1 tzpa ric seco ndeJ t he mot ion . Upo n a call of t he roll, he vot e r es ul ted as f ollows: Ayes : Counc i l Membe rs Hi gda y , Neal, Fitzpat r ick eena, Si l o , Br adshaw, Otis . Nays : one . The Ma yor declared the mo t ion carried. * * * * * * COUNCIL MEMB ER HIGDAY MO VE D TO ADJOURN THE MEETING. Mayor Otis declared the meeting ad journed at 9 :50 p.m. I . • • • • .. COUNCIL CHAMBERS CI Y OF ENG LEWOO D, CO LORAD !A December 22, 1980 SPECIAL MEETING: The City Council of the City of Englewoo d , rapa oe County, Colorado, me t in special session on December 22, 19 80, at 7:30 p .m. Mayor Otis, presiding, called the meeting to ord er. The invocation was gi ven by Reverend Fred Hahn , Immanuel Luthera n Chur ch, 369 5 S. Acoma. The pledge of alleg i ance was led by Mayor Otis. Mayor Otis asked for r oll call. Up on a call of the roll, the following were present : Council Mem ber s Hig da y, Neal, Fitzpatr ick , Keena, Bilo, Bradshaw , Oti s. Absent: None . The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Johannisson COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIA L MEETING OF DECEMBER 8, 1980. Counc i l Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higda y, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried . * * * * * * Mayor Otis presented Ma rlys Duran, Editor of the Sentine l with a special award from the City . Ms. Duran will become a member of the staff of the Rocky Mountain News. * * * * * * • I • • ( 0 t • • • .. December 22, 1980 Page 2 COUNCIL MEMBER BRADSHAW MOVE D TO AC CEPT ALL ITEMS UNDER COMMUIIICATIONS -NO AC TION RECOMMENDE D. Coun c il Me mber Bilo seconded the motion. Upon a call of the roll, the vote res ulted as follows: Ayes : Council Membe rs Hi gday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None . The Mayor declared the motion carried. * * * * * * Council Member Hig day d iscuss ed the minutes of the Parks and Rec r eation Board meeting as they related to the purchase of the Hall property. He was in favor of givi ng Packy Romans authority to bargain for the purchase of the pr operty setting a $15,000 -$20,000 limit on the purchase price. This was followed by general Council discussion. City Manager McCown presented his thoughts and requested that Council pass a motion to look into the situation and report back to Council with results and any possible offers from the Halls . COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY INVESTIGATE THE POSSIBILITY OF PURCHASIIIG THE HALL PROPERTY, OBTAIN A FIRM OFFER FROM THE HALLS, OR MR. DITTEMORE, AND REPORT THE RESULTS BACK TO CITY COUNCIL . Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Assistant City Ma nager Wanush presented a request to utilize RTD grants for repairs at three City locations . The RTD grant would total $20,600. The City would provide engineering services to complete the projects. COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO DRAW UP ORDINANCES ACCEPTING THE RTD GRANTS FOR REPAIR OF THE LOCATIONS IN THE CITY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as foll ows : • I • • • December 22, 1980 Page 3 • • - Ayes : Council Member s Higday , Nea l , Fi tzpatr ic , Keena , Si lo, Br adshaw, Oti s . Nays; None. The Mayor de c lared the motion carri ed. * * '* * * * Community Development Dir ector Powers presented th e 1980 Hous i ng Assistance Plan. COUNCIL MEMBER BRADSHAW ~1 0VED TO APPROVE THE 1980 HOUSING ASSISTANCE PLAN. Council Member Fitzpatrick seconded the motion. Upon a call of the ro l l , the vote r esulted as follows: Ayes : Counci 1 Members H1 gda y , Nea 1 , Fitzpatrick, Keena, Bile, Bradshaw, Otis . Na ys : None. The Mayor declared the mot1on carried . RESOLUTION NO. 52 SERIES OF 1980 * * * * * * A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER , MUNICIPAL COURT JUDGE, AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1961. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOL UTION NO . 52 , SERIES OF 1980. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Counci l Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Nays: Coun cil Member Hi gday. The Mayor declared the motion carried .. RESOLUTION NO. 53 SERIES OF 1980 ****** A RESOLUTION ADOPTING AND APPROVING THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FO R THE FISCAL YEAR 1981 . • I • • • December 22, 1980 Page 4 • • • COUlCIL MEMBER KEENA OVED TO APPROVE RESOLU TION NO. 53, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of he roll, the vote resulted a follows: Ayes· Nays : Co unc il Members Higday, Neal, Fitzpatric , Ke ena, Bil o, Brads aw. 0 is. None . The Mayor declared the fl•O ion carried * * * * * * Acting City At torn ey DeWit presented the sta t us of arious City Attorney actions. COUNCIL MEMBE R KEENA MOVED TO PERMIT THE CIT Y ATTOR ry TO LET THE MATHEWS AND MATHEWS LITIG TION DIE A NATURAL DEATH. Council Member Bilo seconded the motion. Upon a call of the roll, he vote resulted as follows · Aye s: a s · Council Members Higday, Neal, Fi zpatrick, Ke ena, Bilo, Bradshaw, Ot1s. one The r.a or declared the motion ca r i ed . ****** COUN CIL ME BER BRADSHAW MOVED TO DIRECT THE CI Y A TO RNEY TO TAKE ACTION TO DEFEND HE CITY IN THE HUSTON VS CITY OF ENGLEWOOD COMPLAINT. Council t~ember leal seconded the motion. Upon a call of he roll, t e vote resuHed as follo~;•s: Ayes : ays : Counci Members Higday, eal, Fi t zpatr ick, Keena, Bil o, Bradshaw, Otis. None. The Mayor declared the mo ti on carr i~ ****** Mr . DeWitt handed out appraisals of the Pezoldt property which pertains to the City of Englewood vs. Pezoldt (F ire Station No. 3). '·***** • • I • • • • • • December 22, 1980 Page 5 COU NCIL .EMBER SILO MOVE.D TO ESTABL! H A O'.~ITT EE 0~ LO;G RANGE BUDGETING. Council Member Fitzpa ricK ~eco nd ~d th e motion. Upo~ a cal l of tne roll, he vote resulted as tollow. · Ayes: Council Members Higda y , Neal, itzpatr1ck leena, S'lo , Bradshaw, Otis ays : None T ~e Mayor declared t he mo t i on carried. * * * * * * COUNCIL MEMB ER HIGDAY MO VED TO ADJOURN THE MEETIN G. 11ay or Otis dec l ared the meeting adjourned at 9:50 p.m . • I I • • ( • • • • • • CO U CJ L CH ,eERS CI t 0 ElGLE~00r ·oLO D I/-] Dece m be ~ 2?., 1980 SPEC IAL MEn NG: Th Ci y Coun c il of the Ci t y of Eng l e ooa Arapahoe Co unt y , Col orado , me t in speci a l ses s1 on on Decembe r 22, 1 9 ~9 , at 7 :3 0p .m. Ma yor Otis , presiding, call ed t he meet i ng o or de r . The i nv oca ti on was gi ve n by Rev eren d red Hahn , Imma nuel Luther an Church , 369 5 S. Acoma. The plerJ ge of a llegiance ~1as l ea by Ma yor Ot is . Mayor Ot i s asked for r oll ca ll. Up on a ca ll of the rol l, the f o l l owi ng we re present : Council Members Higd ay, l eijl, Fi t zpatrick , Keena, Bi lo, Brad s haw, Oti s . Absent : None . The Mayo r dec lare d a quorum pr esen t . * * * * * * Also pres ent were : City Manage r McC own Assistant Ci ty Manager Wanush Acting City Attorney DeWitt Di rector of Community De velo pmen t Pow ers Deputy C1ty Cl e rk Johannis son COUNCIL MEMBER KEENA MOVED TO APPR OVE TH E MINUTES OF THE SPECIA L MEETING OF DECEMBER 8, 1980. Coun cil Mem ber Fi tzp at r ic k seconded the motion. Upon a call of the rol l , t he vote r e sul ted as follows : Ayes: Nays : Co uncil Member s Higday, Neal , Fitz pa t ri ck , Keena, Bi lo, Bra ds haw, Otis. None . The Mayor dec lared the mot i on ca r ried . ****** Mayo r Ot i s presented Marly s Duran , Editor of th e Senti ne l wi t h a spec ial award from the City . Ms. Duran will become a member of the staff of the Rocky Mount ai n New s . ****** I • • • December 22, 1980 Page 2 • • - COU CIL EMB ER BRADSHA W 0 ED TO ACCEPT ALL ITEMS UN DER COMMUliCATIONS-NO ACTION RECOMME OED. Counc il ~mber Bilo s econded the motion. Upon a call of the rol l, the vote resulted as follows : Ayes: Council Membe r th gd ay, Nea 1 , Fitzpatrick, eena, Bilo, Brads haw, Otis. Nays: None The Mayor decl ared he 1on carried. .. * ... * "' * Council Member Hig da y discussed the minutes of the Parks and Recreation Boat·d meet i ng as they rel ated to the purchase of the Hall property. He was in favor of gi vin g Packy Romans authority to bargain for the purchas e of t he property setting a $15,000 -$20,000 l i mit on t he purchase price. This was followed by general Council discussion. City Manager McCown presented his thoughts and reques ted that Council pass a motion to look into the situat i on and report back to Council with result s and any possible offers from the Halls. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY INVESTIGATE THE POSSIBI LIT Y OF PURCHASIIlG THE HA LL PROP ERTY, OBTAIN A FIR M OFFER FROM THE HALLS, OR MR. DITTEMORE, AND REPORT THE RES ULT S BAC K TO CITY COUNCIL. Council Membe r Neal seconded the motion. Upon a call of the roll, the vote resu lted as foll ows: Ayes: Na ys: Council Members Hig da y, Neal, Fi tzpatri ck, Keena, Bilo, Brad shaw, Otis . None. The Mayor declared the motion carried. ****** Assistant City Man ager Wanu sh pre se nted a request to utilize RTD grants for r epairs at th re e City locations. The RTD grant would total $20,600. The City would provi de engineering serv ices to compl ete the projects. COU CIL MEMBER KEENA 110VED TO DIRECT THE CITY ATT ORNEY TO D RA~I UP OR DINA NCES ACCEP TING THE RTD GRANTS FO R REPAIR OF THE LOCAT IONS IN THE CITY . Council Member Br adshaw seconded the motion. Upon a call of th e roll , the vot e resulted as follows: I • • • • < • • • . . • Decembe r 22 , 1980 Page 3 Ayes : Coun cil Members Higda , Neal , i tz patr lc , Keena , B 11 o, Bradsh a.1 G cis. Nays; No ne. The May or de clared th e motion carr1ed. .. * * * * Commun i ty Development Dir ec or Powers pr esen ed t he 1 80 Housing As s is ance Plan. COUNCIL MEMBER BRADS HAW 10VED TO APP ROVE THE 1980 HOU SIN G ASSISTANCE LAN. Council Member Fi tz pat ri ck sec onded the motion . Up on a call of the roll , he vo te r esulted as f ollows : Ayes: Council '1e mb e r Hi gd ay. Neal , Fitzpatric , Keena, Bi l o , Bradshaw , Otis. Nays: None . The Mayo r declared the mo tior car ri ed. RESOLU TION NO . 52 SERIES OF 1980 ****** A RESOLUTION ESTABLISHING ANNUAL SALAR I ES FOR THE CIT Y MA AGER, MUN ICIPAL COURT JUDGE, AND ASSOCIATE JUDG ES FOR TH E CAL ENDAR YEAR 1981. COUN CIL MEMBER KEENA ~lOVED TO APPROVE RESOL UTION NO . 52 , SERIES OF 1980. Counc il Member Bradshaw seconded the mot ion . Up on a call of the roll, the vote resulted as fo l lows : Ayes : Cou nci l Me mbers Nea l , Fitzpatrick , Ke ena, Bil o, Brad shaw, Otis. Nays : Coun c ,, Mem er 1-'1 gda y . The Mayor declared the motion ca r t i ed . RESOLUTION NO. 53 SERIES OF 1980 ****** A RESOLUTION ADO PTING AND APPR OVI NG THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORI TY FO R THE FISCAL YEA R 19 81. • • I . • D • December 22, 1980 Page 4 • • COUNCIL MEMBER KEENA MOVED TO APPRO E RESOLUTION NO. 53 , SERIES OF 1980. Council Member Bilo seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradsh w, Otis. Nays : None . The Ma or declared the motio n carried . * * * * * * Acting City Attorney DeWitt presented the status of var i ou s City Attorney actions. COUNCIL MEMBER KEENA MOVED TO PERMIT THE CI TY ATTOR NEY TO LET THE MATHEWS AND MATHEWS LITIGATION DIE A NATURAL DEATH . Council Memb e r Bilo seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday , Neal, Fitzp atrick, Ke ena , Silo, Bradsh aw, Otis . Nays: None The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHA W MOVED TO DIRECT THE CIT Y ATTORNEY TO TAKE ACTION TO DEFEND THE CITY IN THE HUSTON VS CIT OF ENGLEWOOD COMPLAIN T. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw , Otis. Nay s : None. The May or declared the motion carrltd. * ~ * * * * Mr. DeWitt handed out appraisals of the Pezoldt property which pertains to the City of Englewood vs. Pezoldt {Fire Station No . 3). ~ * * * * * • I • • • • • • Decemb r 22, 1980 Page 5 • • • COU CIL EMBER BILO MOVED TO ESTABL' .. A C ,·· I TT EE 0 '"'N RANGE BUDGETING. Council Membe r Fitz pa ric• ~e c ond ed he motion . Upo n a call of the roll, the vo ter suited as follows : Ayes : Council embers Higda y , Neal, Fi tzpatric Keena, Si lo, Bradshaw, Otis. Nays: None The Ma yor declared t he mo t ion carr1ed. * * * * * COUNCIL MEMB ER HIGDAY MO VED TO ADJOURN THE MEE TING. 11ayor Otis declare d the meeting adjourned at 9 :50 p.m. • , I • • • • • COU CIL CHAMBERS CITY OF ENGLEWOOD, COLORADO !A December 22, 1980 SPECIAL MEETING : The City Council of the City of Englewood, Ar apaho e Cou nty, Colorado, me t in special sessi on on December 22, 19B O, at 7:30p.m. Mayor Ot is , presiding, called the meeting to order . The invocation was given by Reverend Fred Hahn, Immanuel lutheran Church, 3695 S. Acoma. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Johannisson COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF DECEMBER 8, 1980. Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. ****** Mayor Otis presented Marlys Duran, Editor of the Sentinel with a special award from the City. Ms. Duran will become a member of the staff of the Rocky Mountain News . ****** • I • • .;In ~ • • • Decembe r 22 , 198 0 Page 2 COUNCIL MEMB ER BRADSHAW MOVED TO ACC EPT ALL ITEMS UNDER COMMUIIICATIONS -NO ACTION RECOMMENDED . Council Member Silo seconded the motion. Upon a cal l of t he roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fi tzpatrick, Keena, Silo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried . * * * * * * Council Member Higday discussed the minutes of the Parks and Recreation Board meeting as they related to the purchase of the Hall property. He was in favor of giving Packy Romans authority to bargain for the purchase of the property setting a $15,000 -$20,000 limit on the purchase price. This was followed by general Council discussion. City Manager McCown presented his thoughts and requested that Council pass a motion to look into the situation and report back to Council with results and any possible offers from the Halls. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY MANAGER TO THOROUGHLY INVESTIGATE THE POSSIBILITY OF PURCHASIIIG THE HALL PROPERTY, OBTAIN A FIRM OFFER FROM THE HALLS, OR MR. DITTEMORE, AND REPORT THE RESULTS BACK TO CITY COUNCIL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. ****** Assistant City Manager Wanush presented a request to utilize RTD grants for repairs at three City locations. The RTD grant would total $20,600. The City would provide engineering services to complete the projects. COUNCIL MEMBER KEENA I~OVED TO DIRECT THE CITY ATTORNEY TO DRAW UP ORDINANCES ACCEPTING THE RTD GRANTS FOR REPAIR OF THE LOCATIONS IN THE CITY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • December 22, 1980 Page 3 .. • • • Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays; None. The Mayor declared the motion carried. • • • * * * Community Development Director Powers presented the 1980 Housing Assistance Plan. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE 1980 HOUSING ASSISTANCE PLAN. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. RESOLUTION NO. 52 SERIES OF 1980 ****** A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, MUNICIPAL COURT JUDGE, AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1981. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 52, SERIES OF 1980. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: Council Member Higday. The Mayor declared the motion carried .. RESOLUTION NO. 53 SERIES OF 1980 * * * * * * A RESOLUTION ADOPTING AND APPROVING THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR 1981 . • I . • • • • • December 22, 1980 Page 4 COUNC I L MEMBER KEENA MOVED TO APPROV E RESOLUTION NO . 53, SE RI ES OF 1980 . Coun ci l Member Bilo seconded the mot i on. Upon a call of the r ol l , th e vo t e re s ulted as follows : Ayes : Council Members Higday, Neal, Fi tzpatri ck, Keena, Bilo, Bradshaw, Otis . Nays : None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt presented the status of various City Attorney actions. COUNCIL MEMBER KEENA MOVED TO PERMIT THE CITY ATTORNEY TO LET THE MATHEWS AND MATHEWS LITIGATION DIE A NATURAL DEATH. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO TAKE ACTION TO DEFEND THE CITY IN THE HUSTON VS CITY OF ENGLEWOOD COMPLAINT . Council Member Neal seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. ****** Mr. DeWitt handed out appraisals of the Pezoldt property which pertains to the City of Englewood vs . Pezoldt (Fire Station No. 3). * * * * * * • I • • c ( • December 22, 1980 Page 5 • • - COUNCIL MEMBER BILO MOVED TO ESTABLISH A COMMITTEE ON LONG RANGE BUDGETING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick Keena, Bilo, Bradshaw. Otis. Nays: None. The Mayor declared the motion carried . •••••• COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis declared the meeting adjourned at 9:50 p.m. • I . • ( ( • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 22, 1980 7:30P .M. Call to order, invocation by Reverend Fred Hahn, retired from Immanuel Lutheran Missouri Synod, 3695 South Acoma Street, pledge of allegiance by Bo y Scout Troop No. 92, and roll call. 1 . Minutes. (a) Minutes of the special meetin g of December 8, 1980 . (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes .) (a) Ms . Marlys Duran , Senior Editor of the Engle- wood Sentinel , will be present to accept a recognition award from the Englewood City Council . 3 . Other Visitors. (Due to special meeting status, there will be no discussion under this item .) 4 . Public Hearing. (Due to special meeting status, there will be no discussion under this item.) 5. Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of November 12, 1980. (Copies enclosed.) (b) Minutes of the Liquor License Authority meet- ing of November 19, 1980 . (Copies enclosed.) (c) Minutes of the Downtown Development Authority meeting of December 10, 1980. (Copies enclosed.) (d) Municipal Court Activity Report for the month of November , 1980. (Copies enclosed.) (e) Memoranda from Mayor Otis, Council Members Bradshaw and Fitzpatrick concerning their attendance at the Atlanta National League of Cities Conference. (Copies enclosed.) • , I • • ( ( • • • • Page 2 December 22, 1980 Agenda 6. Communications -Action Rec ommended . (a) Minutes of the Parks and Recreation Commis- sion meeting of December 11, 1980 with a recommendation concerning the purchase of the Hall property . (Copies enclosed.) (b) Council Communication from the City Manager concerning three contract agreements with RTD for grant funds. (Copies enclosed .) (c) Council Communication from the Department of Community Development concerning the 1980 Housing Assistance Plan . (Copies enclosed.) 7. City Attorney. Resolutions . (a) (b) ~~ Resolution establishing annual salaries for the City Manager, Municipal Court Judge and Associate Judges for the calendar year 1981. (Copies enclosed.) Resolution adopting and approving the budget for the Englewood Downtown Development Authority for the fiscal year 1981. (Copies enclosed.) Other Matters . (c) Pretrial Statement and Plaintiff's Pretrial Statement -Jay-Jay Ltd. vs. City of Englewood. (Copies enclosed.) (d) Memorandum from the Acting City Attorney to Mayor and Members of City Council concerning the reassignment of cases . (Copies enclosed .) (e) Notice of Dismissal and Order -City of Engle- vlOod vs. Ma thews & !1athews. (Co!_)ies enclosed.) (f) Summons and Complaint -Kevin Huston vs. City of Englewood . (Copies enclosed.) · (g) Reliable Electric Company vs. City of Englewood. (h) John W. 's d/b/a The Dart Board vs. City of Englewood . "'u. <',~ v-«v i\ • I • • • • t • • • • Page 3 December 22, 1980 Agenda 7. 8. City Attorney (Continued). (i) Rich et al vs. City of Englewood . (j) City of Englewood vs. Dutcher et al. (k) City of Englewood vs. Pezoldt (Fire Station No. 3). City Manager. (a) Council Communication from the City Manager concerning Long Range Budgeting -Citizens Committee. (Copies enclosed .) 9 . General Discussion. (Due to special meeting status, there will be no discussion under this item .) 10. Adjournment . fJtt!~ C1.ty Manager • I • • ( ( • • • - NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, DECEMBER 22, 1980 7:30 P.M. The City Council of the City of Englewood, Arapahoe, County, Colorado, is called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council meeting of December 15, 1980. An agenda detailing the nature of this business is attached. City Manager ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special session. • • I • • • • SPECIAL MEETING : • • .. COU NCIL CHAMBE RS CITY OF ENGLEWOOD, COLORADO December 8, 1980 ,~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 8, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday , Neal , Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Absent : None. The Mayor declar ed a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Finance/ex officio City Clerk-Treasurer Higbee Assistant Director of Finance Lowry Assistant Director of Community Development Romans Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 17, 1980. Council Member Bile seconded the motion. Upon a call of the ·roll, the vote resulted as foll ows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * I • • • Decemb r 8 , 1980 Page 2 • • .. COUNCIL MEMB ER BRADSHAW MOV ED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF NOVEMB ER 24, 19 8 0 . Counci l Member Bilo seconded th mot ion. Upon a call o th roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor d eclared the motion carried. * * * * * * Mayor Otis presented Assistant Director of Finance John Lowry with the Municipal Finance Officers Association Award of Fi- nancial Reporting Achievement for the year 1979. Mayor Otis stated this award was the highest form of recognition in governmental ac- counting and financial reporting and its attainment represented a significant accomplishment by a governmental unit and its manage-ment. Mr. Lowry thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Larry Dunlap, 8204 South Jackson, Littleton, appeared before Council. Mr. Dunlap stated he repre- sented the Mylon C. Jacobs Supply Company, Inc. in a request to Council to issue industrial revenue bonds for a warehouse facility at 2614 South Raritan Circle, Englewood, Colorado. Mr. Dunlap stated the company had outgrown its present facility and needed to expand. COUNCIL MEMBER KEENA MOVED TO INSTRUCT STAFF TO PRO- CEED WITH THE ISSUANCE OF INDUSTRIAL REVENUE BOND REQUEST FOR MYLON C. JACOBS SUPPLY COMPANY, INC. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • December 8, 1980 Page 3 • • .. Pre-scheduled visitor Jim Brenneman, Director of Arapanoe House, appeared before Council. Mr . Bren neman re - que s ted an increase in the 1981 budget contribution to Ar a- pah oe House. Mr. Brenneman explained some of the fiscal problems the detox center was experiencing . Mr . Br e nne man sta t ed he had submitted a letter to the City Ma n ager request-ing $7,000 for 19 8 1 . Co u ncil Member Fitzpatrick pointed out t h at t he I n t er Faith Task Force and the Arapahoe House were t he on l y agen cie s n ot cut for 1981. Also, that Co u ncil would have to s ee wh at revenues were coming in befor e de t e r mining whether or not the contribution to Arapahoe House would be increased. Council Member Higday spoke em pa theti c a lly towards Mr. Brenn e man's request and suggested investiga t ing the avail-ability o f f und s from other sources . Mr. Brenneman stated t h e cen te r pro ba bly would not always b e p ub licly fu n ded and would have t o work with third party paym e nt s, more s p ecifically, insu ranc e c ompanies. Mr. Br e nne ma n s tate d h e wanted t o bring these pro- blems b efor e Counc il f or fu tur e cons i deration and to notify them that the county had n ot increa s ed its contribution either. * * * * * * There we r e n o oth e r pre -s c heduled visitors. * * * * * * No oth er vis i tors wer e al low ed to sp e ak since this me eting wa s und e r th e special st atus. * * * * * * COUNC IL ME MBER KEENA MOVED TO OPEN THE PUBLIC HEAR- I NG CONC ERN I NG ZONING CERTAIN REA L PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, CO LORADO, I-1, LIGHT INDUSTRIAL DISTRICT, AND AMENDING ZONING MAP IN ACCORDANCE, THEREWITH. Council Member F i t z patrick seconde d the motion. Upon a call of the roll, the vo t e result e d a s fo llows : Ayes : Nays : Co uncil Members Higday, Neal, Fitzpatrick, Ke ena, Bi lo, Bradshaw , Otis. Non e . • I • • • Decemb er 8, 1980 Page 4 • • - The Mayor d e c lare d the mo ti on ca rri e d. Assistant Di rector of Commun i ty Deve lopment, Dorothy Romans, 3600 South Bannock, appeared before Council and testi- fied that to the best of her know ledge the prop e rty was posted on November 21, 1980, and remained on the site for the proper amount of days. She further testified that notice of this hearing was published in Englewood Sentinel; that the Planning and Zoning Commission had hear i ngs on this matter and submitted its findings to the Counc i l ; and that the findings would be made part of this record. There was no on e to sp eak in favor of this matter. There was no one to speak against this matter. COUNCIL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEAR- ING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 55 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, COLORADO, I-1, LIGHT INDUSTRIAL DISTRICT, AND AMENDING ZONING MAP IN ACCORDANCE THEREWITH. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 62, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • • • December 8 , 1 98 0 Pa ge 5 • • .. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OP EN THE PUBLIC HEARING SETTING FORTH THE PARAMETERS OF THE UPCOMING SINGLE FAMILY MORTGAG E REVENUE BOND PROGRAM OF THE CITY OF ENGLEWOOD, COLORADO. Council Member Neal seconded the motion. Upon a call of the roll, t he vote resulted a s follows: Aye s : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Non e . The Mayor declared the motion carri ed . City Manager McC own stated this ordinance was presented for public comment. Mr. McCown noted that staff was recommending approval of this program. Tom Bishop, 10756 E. Cr es t line, of Hanifen, Imhoff, Inc., appeared before Council to discuss the program. Mr. Bishop testi- fied the mortgage rate was not firm. He stated this provision was part of the parameters because it probably would not be feasi- ble to do the project at a highter rate than 12%; but pointed out that it mi g ht be possible to do the project at a lower rate. Mr. Bishop further testified there would be new legislation after the first of the year that should approve this program. Mayor Otis asked if there was anyone in the audience wishing to speak in favor of the program. No one responded. Mayor Otis asked if there was ~nyone i n the audience wishing to speak against t he program. Ralph Baker, 3907 South Cherok e e , appeared before Counci l . Mr. Baker asked Mr . Bishop whether the bond program was available to only owner-occupied applicants or investors. Mr. Baker stated he fel t owner-occupied applicants needed the loans the most ; wher eas, investors us ed the money to buy income property. Mr. Bishop stated the intent was to loan the money to single-family , owner-occupied applicants; however, it was hard to control the fact that the houses may be resold or rented out after there was some period of owner-occupied time involved. • I • • • I ~ • December 8, 1980 Page 6 • • .. Mayor Otis pointed out the intention was clearly pointed out in the parameters under Section l (n). David Wilkins, 1105 W. Princeton Place, appeared before the Counc il . Under oath, Mr. Wilkins asked if there was a certain amount of time for occupancy of a home before a person could resell it. Mr. Bishop stated that requirement was too difficult to control. Council Member Neal stat ed he was very interested in restricting this program to owner-occupied residences. Mr. Neal stated problems arise on how to enforce this requirement when one can not foresee how long an applicant may live in the home and it could become so restrict ive that the market may become limited. Mr. Neal stated t his program was no t designed for the benefit of investors but if 80% of the proceeds could bene- fit the target people then it would be worth it. Council Member Keena stated about the only place where there was any control was the bank in processing the original application. At that point and time, there was a substantial amount of financial disclosure. Ms. Keena stated the odds of an individual receiving the loan, turning around in six months to buy the second house and renting out the first one would be slim. There wer e no further comments. COUNCIL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEAR- ING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote result e d as follows: Ayes: Nays : Council Memb ers Higday, Neal, Fitzpatrick, Keen a , Bilo , Bradshaw, Otis. None. The Ma yor declared the motion carried. ORDINANCE NO. 56 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER HIGDAY I • • ( • December 8, 1980 Page 7 • • • AN ORDINANCE SETTING FORTH THE PARAMETERS OF THE UPCOMING SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM OF THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1980, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: were: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * "ColllllUnications -No Action Recormnended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Minutes of the Board of Adjustment and Appeals meeting of October 8, 1980. Minutes of the Denver Regional Council of Governments meeting of October 15, 1980. Minutes of the Board of Career Service Commissioners meeting of October 16, 1980. Minutes of the Water and Sewer Board meetings of October 28 and November 12, 1980. Minutes of the Hous~ng Authority meeting of October 29, 1980. Minutes of the Liquor License Authority meeting of November 5, 1980. Minutes of the Planning and Zoning Commission meetings of November 5 and 18, 1980. Minutes of the Public Library Board meeting of November 12, 1980. Minutes of the Downtown Development Authority meeting of November 12, 1980. Minutes of the Parks and Recreation Commis- sion meeting of November 13, 1980 • • I • • • • I • December 8 , 1980 Page 8 • • - COUNCIL MEMBER KE ENA MO VE D TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA I TEMS 5 (A) -5(J). Council Mem- ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared th e mo tion carried. * * * * * * Assistant City Manager Wanush presented a Council Com- munication from the Water and Sewer Board concerning a request from the Greenbelt Sanitation District to annex additional land into its service area. Mr. Wanush explained the background for this request and stated the Board recommended approval. COUNCIL MEMBER BRADSHAW MOVED TO ALLOW THE DISTRICT TO ANNEX THE AREA DESCRIBED AS SUPPLEMENT 12 TO THE GREENBELT SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of December 2, 1980, con- cerning the findings of fact for 4545 South Osage Street and 1501 West Tufts Avenue . COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. * * * * * * I • • • December 8, 1980 Page 9 • • .. Mayor Otis presented a Council Communication from the Director of Engineering Services concerning an agreement with the Urban Drainage and Flood Control Distric t whereby they will reimburse the City f or 50~ of the purcha s e price of the land at Clarkson and Jefferson Drive as it relates to the plan for im- provements to Little Dry Creek. COUNCIL MEMBER BRADSHAW MOVED TO INSTRUCT THE ACTING CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE CONTRACT. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declare d the motion carried, ORDINANCE NO. 57 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL 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 MAY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1980. Council Member Neal seconded the motion. Council Member Fitzpatrick spoke in opposition to this ordinance. Mr. Fitzpatrick stated he was not convinced that the property could only be utilized as medium density. He stated rezoning the area would be spot zoning in his opinion. Council Member Bilo spoke in opposition. Mr. Bilo stated the rezoning deviated from the Comprehensive Plan and degenerated the single-family concept. Council Member Keena spoke in favor of passing the ordinance. Ms. Keena stated there was compatible zoning around this area; 657. of the people on the block wanted it rezoned; and the Planning and Zoning Commission recommended approval to rezone • I • • • Decemb e r 8 , 1 98 0 Page 10 • • .. Council Member Bradshaw s poke i n favor of passing the ordinance. Ms. Bradshaw stated s he did not feel it was spot zon- ing because there were three di ffe rent types of zon i ng surround- ing subject block. Ms. Bradshaw stated in checking with the Pub- lic Works Department, the zoning would not have any effect on the existing water lines. She stated t here could be a point where preserving single family residence s becomes ridiculous and each case for rezoning has to be cons i dered on its own merits. Ms. Bradshaw stated the Planning and Zoning Commission's recommenda-tion in her opinion was sound. Counc i l Member Higday stated it was important to main- tain the residential character of the City, not necessarily by keeping single-family residences ; and this rezoning would still meet that need. Council Member Neal stated he agreed with Ms. Keena and added that sometimes an area where there were a lot of basement homes could have an effect on the surrounding R-1 areas in a nega- tive way. If the block could be developed it would be good for the overall neighborhood. Upon a call of the roll, the vote on the motion re-sulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bradshaw. Council Members Fitzpatrick, Bilo, Otis. The Mayor declared the motion carried. RESOLUTION NO. 51, SERIES OF 1980 * * * * * * A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESS- MENT BONDS FOR DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-l, IN THE PRINCIPAL AMOUNT OF $398,800. Steve Bell, Hanifen, Imhoff, Inc., appeared before Council. Mr. Bell explained and recommended passage of the resolution authorizing the sale date for the bonds as January 5, 1981. Mr. Bell stated better bids would be received after the first of the year and there would be no postponement of delivery of proceeds which were scheduled for the last of February, 1981 • • I • • • December 8, 1980 Page 11 • • - COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1 980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt transmitted copies of the document "motion to dismiss" concerning the case Vern Mann vs. the City of Englewood. · * * * * * * Acting City Attorney DeWitt discussed a pending lawsuit of Reliable Electric Co., Inc. vs. Olson Construction Company, the City of Englewood and United States Fidelity and Guaranty Company. Mr. DeWitt stated this case was a complaint by Reliable Electric to recover a claim against the Olson Construction Company for work on the Allen Water Treatment Plant. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE ACTING CITY ATTORNEY DEWITT TO FILE A DEFENSE IN THIS CASE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt discussed the complaint brought against Police Chief Robert Holmes, City Manager Andy McCown, Di- rector of Employee Relations Mel BeVirt and the City of Englewood by Larry Leydon on an employee matter. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE ACTING CITY ATTORNEY DEWITT TO DEFEND THE CITY IN THIS MATTER. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: • I • • I ~ • Decemb er 8, 1980 Page 12 Ayes : Nays : • • .. Council Memb ers Higd ay, Neal, Fitzpatrick , Ke ena, Bilo, Bradshaw, Otis. None. The Mayor declared the mot ion carried. * * * * * * Acting City Attorney DeWitt discussed the lawsuit brought against the City by Katherine Hudnall arising out of certain injuries Ms. Hudnall claims to have received on a sidewalk in the City 9f Englewood. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE ACTING CITY ATTORNEY DEWITT TO DEFEND THE CITY IN THIS MATTER. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt presented the order from the District Court concerning the case of Wol Nyo Sidaway d/b/a BIT Oriental Massage vs. City of Englewood, Colorado Department of License and Finance, Gary Higbee, Director of Finance. Mr. DeWitt stated the order dismisses the appeal and the court agreed with the City's position that the appeal was improperly placed in District Court. Mr. DeWitt stated technically the appeal should have been to City Council. Mr. DeWitt discussed the status of this case going through another appeal process and stated he would keep Council up to date on this case. Council Member Neal asked Mr. DeWitt if Council could impose a sentence different than the Hearing Officer through some sort of administrative process. Mr. DeWitt stated he would research the question and report back to the Council. * * * * * * Acting City Attorney DeWitt presented the Findings of Fact and Conclusion in the matter of the application from Lynne F. Smith, Michael L. Cooper, E. J. Crabbe, etc. tore- zone the 4700 block of South Bannock from R-1-C to R-2-C • I • • • December 8, 1980 Page 13 • • • COUNCIL MEMBER KEENA MOVED TO APPROVE THE FINDINGS OF FACT AND CONCLUSION GRANTING THE RESONING OF 4700 SOUTH BANNOCK. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Keena, Bradshaw, Otis. Nays: Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown p~esented a Council Communication concerning the Municipal Golf Course Drain and Equalizing Pipes construction bid award. He stated the communication was a re- commendation for award of a contract to the T. A. Young Construc- tion Company for the installation of pipe lines on the new nine holes of the golf course. Mr. McCown explained this matter as such was not bid in terms of actually receiving sealed bids. The department involved had asked the contractor who built the golf course to submit a proposal to take care of this work. The contractor's proposal according to staff was somewhat high for the work; and therefore, rejected it. If it had been accepted, it would have been dealt with with a change order to the origi- nal contract. Because of the time problem with the freezing of the ground, the Public Works Department went out and con- tacted some contractors and asked them to submit informal bids which appear in the Council Communication. Mr. McCown noted this action deviates somewhat from the Charter which requires for any public improvement over $1,000 that the City must re- ceive sealed, competitive bids. Mr. McCown stated the effort was to get the project done within the time period and to go out for sealed, competitive bids would take too long. Mr. McCown stated if the matter had been handled by change order even though it would cost more money, it would not have to come back to Council for approval. Acting City Attorney DeWitt asked for executive session with Council. Mayor Otis declared a recess at 9:05 p.m. Council reconvened when this Clerk returned to the meeting at 9:13 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • I • • • • • • • December 8, 1980 Page 14 Absent : None. The Mayor declared a quorum present. Mayor Otis stated the recommendation for the award of the construction of the drain and equalizing pipes, if approved, would be in violation of the Charter even though it would be a savings of money. Mayor Otis urged defeat for this recommenda-tion. COUNCIL MEMBER FITZPATRICK MOVED TO DENY THE REQUEST FOR THE MUNICIPAL GOLF COURSE DRAIN AND EQUALIZING PIPES UNTIL PROPERLY PUT OUT FOR SEALED BIDS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: 9:15p.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at ..~Ytvru~.~~ ~eputy City tl~ • I • • • • .. • BOARD OF ADJ USTMENT AND APPEALS CITY OF EN GLEWOOD, COLORADO NOVEMBER 1 2 , 1980 MINUTES A . The regular meeting o f the Board of Adjustment and Appeals was called to order at 7 :30p .m. by Chairman Howard Brown. I MEMBE RS PRESENT: Leonard, Gage, Hal lag in, Dawson, Seymour, • MEMBERS ABSENT : ALSO PRESENT: NATE N. PYLE Kreiling, Brown None Clark, Assistant City Attorney Pittman, Chief Building Inspector Conley, Recording Secretary * * * * * * 4291 SOUTH CLARKSON STREET CASE 55-80 REQU EST: The applicant is requesting a variance to continue the use of a duplex dwelling unit in a single-family zoned district. This is a v arian c e of the Comprehensive Zoning Ordinance Section 22 .4-4 b . - Permit t ed Pr i nc ipal Uses and Zoning Board of Adjustment and Appeals . Ca s e No. 03-79. ----------------------------· • I • • • • • • BO ARD ME MBER KREILING ~OTIO. ED THAT CASE 0 . 55 -8 0 , NATE N . PYLE, 4291 SOUTH CLARKSO~ STREE T , BE BROU GHT BACK BEFORE THE BO ARD OF ADJUST ffi T A D APP EALS . Board Member Seymo ur s co nd e d t h motion. All membe rs cast the i r vot es . The v ote r es u lted a s f ol lows : AYES: Leonard , Ga ge , Uallagin, Da so n , Sey mo ur, Kreiling, Brown NAY S: No ne Ch ai rman Bro wn stated that with seven (7) a ffirmat i v e votes t he mo t ion was CARRIED . Na t e N, Pyl e, 1068 South Osceola, Denve r was sworn in for testimony , Mr . Pyle stated that he found the opposition, to the var i ance, over- whelming . He stated that he was not able to collllllunicate wi th the n e ighbors very wel l . He stated that he did not have a ny new e v i den c e t o present to the Board . He was here tonight t o ask fo r t h e appro val t o continue the use ,a s a duplex unit . The re was no one present who wished to speak in favor of the va r iance. Vince Atencio, attorney representing the residents in the ne igh b orhood opposing the varian ce . Mr . Atencio submitted copies of it ems that were involved with the negot i ations with Mr . Pyle a nd the Gielissen's. In the negotiations the residen ce wa s referred to as a one-f a mily res i dence. He stated that the material indicates that Mr. Pyle was awa re that this was a one -family residence . He stated tha t he fel t t hat Mr . Pyle was h ere tonight to take his chan ces with the Board, with nothing to lose . Ch airman Br own asked that the people opposing the varian c e stand f or a co un t . There were thirty-t hree people present opposing the v ariance . Chairman Brown closed the Public Hear i ng . BOARD MEMBER SEYM OUR MOTIONED THAT I N CASE NO . 55-80, NATE N. PYLE, 4291 SOUTH CLARKSO N STREET, BE GRANTED A VA RI ANCE TO CON TI NU E THE USE OF A DUPLEX DWEL L I NG UNI T I N A SI NGLE-FA MI LY ZONE D DISTRICT. THIS IS A VAR I &~CE OF TH E COMPREHENS IVE ZO NING ORDI NANCE SECTION 22.4-4 -b. -PERM ITTED PRI NCIPAL USE S AND BOARD OF ADJUST MEN T AND AP PEAL S CAS E 03-79 . Bo ard Me mb e r Kre i l in g s e conde d the mo tion • • I • • • • • • • • -3- All m mbe r s cast t h ir votes . Th e vote r esul ed s fol lows· AYES: None NAYS: Leo nard, Gage, Hallag in , Dawson, Seymour, Kreiling, Brown Chairman Brown stated that with seven (7 ) votes in opposition the variance was DENIED. FINDINGS OF FACT Mr . Leonard stated that the applicant did not meet co ndition number one (1), the variance will do substocntial justice to all and not just to the particular applicant, two (2), that the pl i ght of the owner for which the variance i s sought is due to unique circumstances existing on the property, not created by t he owner or owners and not due to general conditions in the District in which the property is located, f ive (5), that the variance, if authorized, will not alter the essent ial ch aract er of the Distric t in which the property is located. He stated that Mr . Pyl e is a realtor and should h ave known to look into the zoning regulati ons of the area. Additionally the code requirements were not met by the previous owner and there were forty-nine (49) letters in opposition to the variance. Mr. Gage stated that the applicant did not meet condition numbers one (1), two (2) and five (5). There were forty-nine (49) letters in opposition and thirty-three (33) present tonight. Mr. Ha llagin stated that the applicant did not meet the conditions for g ranting a variance. There were forty-nine (49) letters from the p r evio us meeting and thirty-three (33) pe o ple presen t tonigh t . He st a ted that the app licant was not in contact with the renters to take car e of the property. Mrs. Dawson stated that there were for ty-nine (49) letters from the n ei ghbors opposing the variance . She stated that Mr. Pyle should have known to check o n the zoning regulations and the code violations have not been met by the previous owner or Mr . P yle . Mr . Seymour stated that there was strong opposition to the variance. There were thirty-three (33) pre sent tonight and forty-nine (49) letters at the previous meeting. Mr . Kreiling stated the varian ce previously was granted to the owner only. The ownership has changed and the property should revert back to the original zoning requireme nts. Mr. Brown stated that he concurred with the reasons that had previously been given. * * * * * * I • • • • • - Discussion ensued ln regard to the 1 ngth of tlme the applicant has to convert the existing duplex into a single-family dwelling unit. BOARD MEMBER GAGE MOTIONED THAT IN CASE 55-80, NATE N. PYLE BE GRANTED FORTY-FIVE (45) DAYS TO BRING THE PROPERTY UP T O CODE AN D TO A S I NGLE -FAMILY DWELLING UNIT . Board Member Hallagin seconded t he mo t ion . All memb ers cas t their v o tes. The vote res u lted a s follows : AYE S: Leonard, Gage, ·Hall ag in, Brown NAYS: Dawson, Seymour , Kreiling -4- Ch airman Brown stated that with four (4) affirmative votes the motion was CARRIED. * * * * • • MARGERY GIRTIN 3297 SOUTH DOWNING STREET CASE 57-80 REQUEST: The applicant is requesting a v ariance of the r equired minimum lot area of 6,000 sq. ft. to 5 ,625 sq. ft. and from the r equired r ear yard setback o f 25 ft. to 15 ft . for the purpose of erecting a s ingle-family dwe lling unit. This is a variance of the Comprehen sive Zo ning Ordinance Se c tion 22,4-4 c. (2)(a) -Minimum Area of Lot and Se ction 22.4-4 j , (2)(a) -Minimum. Rear Yard. Chariman Brown verified that proper posting and legal adver tis ing of this case had been given . The staff rep ort was read and submitted to r e cord . Margery Girt in, 2701 South Ra leigh, was s worn i n for testimony , Mr s. Girti n stated that she wis hed to have John Broderick speak i n he r behalf , Mr. Bro deri c k was swo rn in for testimony , He stated that the p r operty, at p r esent , has 11,250 sq. ft, with the existing hou se facing on Downing Street . He stated that the property is in an estate . He stat ed th at Mrs . Gi rtin was brought up on the property and would like to e her children bu ild a home there , Mr. Brode ri c k submitt d five (5) lette rs o f app rova l fro m Mrs. Girtin's neighbors. There wa s no one present who wished t o speak in favo r or opposition to the variance. hai rman Brown closed the Pub lic Hearing . • I • • ,.. • • • • BOARD MEMBER SEYMOUR MOT I ONED THAT I CA SE 0 . 57-80, MARGERY GIRTIN, 32 9 7 SOUTH DOWN ING STREE T, BE GRANTED A VARIAN CE OF THE REQ UIRED MI IMUM LOT ARE A OF 6,000 SQ. FT . TO 5,625 SQ FT. AND FROM TH E REQUIRED RE AR YARD SETB ACK OF 25 FT . TO 15 FT. FRO THE P URPOSE OF ERECTING A SINGLE- FAMILY DWELL ING UN IT. TH IS IS A VARIANCE OF THE COMPRE- HENSIVE ZONING ORDINANCE SECTION 22.4-4 c . (2)(a) - MINIMUM AR EA OF LOT AND SECTION 22 .4 -4 j . (2)(a) -MINIMUM REAR YARD. Board Member Hallagin seconded the motion. All members cast their votes . The v ote resu lted a s follows: AYES: Leonard, Gage, Hallagin, Daw s on, Seymour, Kreiling, Brown NAYS : No ne Chairman Brown stated that with seven (7) affirmative votes the variance was GRANTED. FINDINGS OF FACT -5- Mr. Leonard stated that the property is in an estate. The applicant has a special interest in the property. The applicant generally meets the requirements for a variance. The s taff has no position regarding the variance . There were five (5) letters from the neighbors. Mr . Gage stated that there was n o o ppos ition to the variance. The v arianc e will enhance the area . Mr . Hall agin stated that the lot, at present, is a weed patch and h ard to keep clean . Englewood is in need of new single-family homes. I t will i mprove the neighborhood.a nd staff has s tat e d that they have no position regardin g this varianc e. Mrs. Dawson stated that there wer e five (5) letters of approval from the n eighbo rs. The property is in an estate and Mrs . Girtin wo u ld like to keep part of the propert y for use by her famil y. Mr . Seymour stat ed that the r e was no o p position. The variance will prov ide additional housing for Engl ewood. This is a reasonable request. Mr . Kreiling stated that the hardship is the settlement of the estate. The applicant has covered t he s i x (6) conditions for granting a variance. Mr . Bro wn stated that the appl icant gen e rally me et s the six (6) condit io ns for granting a var iance . • • • • • • I • • • • • .. -6 - ARLEN PAYNE 3585 SOUTH A~RION STREET CASE 58-0 REQUEST: The applicant is requesting a variance of the requ i r ed l o frontage of 75 ft. to 72.5 ft. and from the required sideyard se tbac k of 15ft ., on the street side, to 13 It. fo r the purpose of erect i ng a triplex. This is a var ianc of the Comprehensive Zoning Ordinan c Section 22.4-5 i. (3) -Minimum Frontage of Lot and Sectio n 22.5-1 3 a. (1) -Corner Lot • Ch airman Br o wn verified that proper posting and legal advertis in g of th is case had been given. The staff r eport was r ead and subm i t d to re cord. Arlen Payne, 5470 West Princeton Drive, Denver, was sworn in for testimony , Mr . Payne stated that the error came from the vacati o n of th e street an d alleys, over the years . When the final survey was put togethe r, the re was a shortage of four and a half (4!) feet . For this reason they were h re tonight for the variance . Chairman Brown asked if there was anyone who wished to speak in favor of the variance. Kurt Kuhl . 3144 West Jefferson, was sworn in for testimony, Mr. Kuhl stated that the thirteen (13) foot setback on the street side does adjoin a street and not another residence. He also stated that with the smaller lot size, the square footage would still exceed the 9,000 sq. ft. that is now required, There was no one present who wished to speak in opposition to the variance. BOARD MEMBER KR EI LING MOTIONED THAT IN CASE NO . 58-80 , ARLEN PAYNE, 3585 SOUTH MARION STREET, BE GR&~TED A VARIANCE FROM THE REQUIRED LOT FRONTAGE OF 75 FT. TO 72.5 FT. AND FROM THE REQUIRED SIDEYARD SETBACK OF 15FT. ON THE STREET SIDE, TO 13 FT, FOR THE PURPOS E OF ERECTING A TRIPLEX. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-5 i. (3) -MI NIMUM FRONTAGE OF LOT AND SECTION 22.5-13 a. (1) -CORNER LOTS. Board Member Ga ge seconded the motion. All mem bers cast the i r votes. The vote resulted as follows: AYES: Leonard , Gag e , Hallagin, Dawson, SeY-mour, Kreiling , Brown NAYS: No ne • I • • , ... ... • • • • Ch i r man Brown stated t h a t w ith seve n (7) affirmative vot s he variance was GRANT ED . FINDINGS OF F ACT Mr . Leo nard stat ed that approva l was given in October f or the o ther l ot s .and this wa s an e rror in the survey. Mr. Gage s tated t hat prior approval wa s given in October f o r t h e ot her uni ts and they were now c orrecting an error i n t he survey . -7- Mr. Hallag i n stat e d the applicant is c o rrecting the error i n t h e s urve y . The variance will not affect the adj oining neighbo rs. Mr s . Dawson stated that a variance was grant e d pre viously and that this was a n o v ersight . Mr. Seymour stated that there was no opposition to the variance . T he app l i c ant meets the six (6) conditions . Mr . Kreiling stated that this variance will correct the error with the survey •. Mr . Brown stated that he concurred with the reasons that had previousl y been given. • • • • * • S EYMOUR ALSUM 4292 SOUTH DELAWARE STREET CASE 59-80 REQU EST: The applicant is r e que st i ng a variance from the required si deyard setback, on the stree t side, o f 15 ft . to 8 ft . for the purpose of erecting a single-f am ily dwelling unit. This is a varian ce of th e Co~p r e h e nsiv e Zon i n g Ord i nan c e Section 22.5-13.a. (1) -Corner Lots. Chairman Brown verified that pro per posting and legal advertising o f th i s case had be e n given . Seymour Alsum, 3101 South Humboldt Street, was sworn in for testimony. Mr . Alsum stated that this is a 50 ft. lot and the structure, that is proposed is 39 ft . wide. He stat ed that facing the structure on Delaware Street would be more beneficial to the neighborhood. Quincy Avenue is a rather busy street and it may not be a good location for the prospective buyers . Hr . Alsum submitted letters from the neighbors and pictures of the proposed structure • I • • 0 • • • • . . .. There was no one present who wished t o speak in favor or opposition to the variance . Chai rman Brown cloci ed the Pub l ic Hearing . BOARD MEMBER HALLAGIN MOTIONED T HA T I CASE NO. 59-80, SEYMOUR ALSUW, 4292 SOUTH DELAWARE STREET , BE GRANTED A VARIANCE FROM THE REQ UI RED SIDEYARD SETBACK, ON THE STREET SIDE, OF 15 FT.TO 8 FT. FOR THE PURPOSE OF ERECTING A SI NGLE -FAMI LY RESIDENC E . THIS IS A VARIA NCE OF THE COMPREHENSIVE ZONING ORDINAN CE SECTION 22.5-13 a . (1 ) -CORNER LOTS. Board Member Leon ard seconded the motion. All members cast their votes. The vote resulted as follows: AYE S: Leonard, Gage, Hallagin, Dawson, Seymour, Kr eiling, Brown NAYS: None Chai rman Brown stated that with seven (7 ) affirmative votes the variance was GR&~ED. FIND INGS OF FACT -8- Mr . Leonard stated that th e applicant d id meet the six (6) conditions req uired for a vari ance . There was no o pposition to the v ar iance . Mr. Gage stated that there are five (5) letters of approva l from the neighbors. The lot is present ~y e mpty and we need the additional housing. Mr. Hall agin state d that at present this is a vacan t lot and has been a co ntinual ~·problem and the var iance wil l be a n improvement to the neighbo rhood. He stated that ther e were five (5) letters of approval and no opposition to the variance. Mrs. Dawson s tated that the plans for the house would be an addition to the neighborhood. This has been a weed patch and the Ci ty needs t he a dd itional hous ing. Mr . Seymour st ated that there was no opposition to the variance. The six (6) conditions for a v ariance were generally met. There we r e five (5) let ters of approval from the neighbors. Mr. Kreiling stated th at this sideyard setback variance is more practical than facing the dwelling o n to Quincy Avenue. Mr. Brown s t ated that this is a good plan for the property. * * * * * * • I • • • • • .. RI CH ARD KIEL 3909 SOUTH E LAT I STREET CAS E 60-80 REQUEST: The applicant is r equesting a variance fr o m the required f ront yard setback of 25 ft . to 21 f~. for the purpose o f ere cti ng a covered front porch. This is a variance of the Comp rehen siv Zon ing Ord inanc Section 22.4-4 h. (2 )(a) -Minimum Front Yard. Chairman Bro wn verified that proper posting and legal advertisi n g of this case had been given. The st af f repo rt wa s read and submitt d to record . Richard Kiel, 3909 S outh Elati St r eet, was sworn in for testimon y . Mr . Kiel stated that the cove r will be over an existing slab. This will a dd to th e looks of the property and will keep the sun out of the house. He stat e d that the cover will not be enclosed at a later d ate. There was no one pres e nt who wished to speak in favor or opposit ion to the variance. Chairman Brown closed the Public Hearing. BOARD MEMBER LEONARD MOTIONED THAT IN CASE NO. 60-80, RICHARD KIEL, 3909 SOUTH ELATI STREET, BE GRANTED A VARIANCE FROM THE REQUIRED FRONT YARD SETBACK OF 25 FT. TO 21 FT. FOR THE PURPOSE OF ERECTING A COVERED FROh~ PORCH. THIS IS A VARIANCE OF THE COAWREHENSIVE ZONING ORDINANCE S ECTION 22.4-4 h . (2)(a) -MINIMUM FRONT YARD. Board Member Gage seconded the motion. All members cast their votes. The vote resulted a s fo llows: AYES. Leonard, Gage, Hallagin, Dawson, Seymour, Kreiling, Brown NAYS:. None Chairman Brown stated that with s even (7) affirmative votes the variance was GRANTED. FINDINGS OF FACT Mr. Leonard stated the applicant did meet the six (6) conditions for a variance . This will protect the house from the elements. The proposed cover will not be enclosed and there was no opposition to the variance. Mr. Gage stated that there was no opposition from the neighbors. Th e six (6) conditions were met. This will increase the property value a nd keep the sun and snow off the house • I • • • • • ,. .. Mr. Hallagin stated that the porch cover will not be enclosed .and this will make it more uniform with the neighborhood and improve the looks of the house. Mrs . Dawson stated that the variance will improve the looks of t he property and increase the usefulness of t he property . -1 0- Mr. Seymour stated that this is a reasonable request and it meets the s ix (6) conditions. Mr. Kreiling stated that the applicant has answered all six (6) con d itions for a variance. Mr. Brown stated that this is a reasonable request for a variance. • • • • • • BOARD MEMBER SEYMOUR MOTIONED THAT THE MINUTES OF THE OCTOBER 8, 1980 REGULAR MEETING OF THE BOARD OF ADJUST- MENT AND APPEALS STAND APPROVED AS WRITTEN. Board Member Leonard seconded the motioned. Up on a call of the roll, all members voted in the affirmative, the mi nutes stand approved as written. • • • • • • There being no further business before the Board, Chairman Brown adjourne d the November ~2, 1980 regular meeting of the Board of Adjustment and Appeals at 9:15 p.m . • • • • • • I • • • • • • • .. • LIQUOR LICENSE AUTHORIT Y MINUTES November 19, 1980 The meeting was called to order at 7:30 p.m. by Chairperson Donald Styes. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT : * Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan None Eric Johannisson, Revenue Chief Rick DeWitt, Acting City Attorney Brenda Jarrett, Recording Secreta~ * * 5 MR. BRYAN MOVED AND MS. COSBY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1980. AYES: Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan NAYS: None The motion carried. * * * The Authority received a request for transfer of ownership from the owners of Santa Fe Smith, Inc., formerly Eddie's Off Broadway, 3370 S. Acoma St. Present to speak for the application were the two owners, Carl L. Smith, 3130 Benton Street, Denver, CO 80204 and Ray R. Smith, 5205 W. Rowland Street, Littleton, CO 80123. They told the Board they would be operating primarily a restaurant business, serving Chinese food. Further discussion ensued. MR . LUNDERS MOVED, AND MR. LLOYD SECONDED, TO APPROVE THE TRANSFER OF OWNERSHIP APPLICATION FOR SANTA FE SMITH, INC . AYES: Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan NAYS: None The motion carried. * * * • ,., I . • • Noveaber 19, 1980 page 2 • • • The Board received the following applications for liquor license renewal: The South 3535 S. Huron Hotel/Restaurant expires: 12/31/80 Zi11111enun's 2796 s. Broadway Hotel/Restaurant expires: 12/31/80 Hilda's Cafe, Inc. 4386 S. Broadway Tavern expires: 12/31/80 Thorobred Liquors 5050 s. Federal Blvd. Reta 11 Liquor Store expires: 12/31/80 The Board read and discussed the police report of each applicant and found nothing to prevent renewal. · MS. COSBY MOVEO, AND MR. LUNOERS SECONOED, TO APPROVE RENEWAL OF THE ABOVE LIQUOR LICENSES . AYES: NAYS: The motion carried. • Frances Cosby, Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan None • • Rick DeWitt, Acting City Attorney, discussed in detail the procedure for conducting a public hearing. • • • MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO SET REGULAR LIQUOR LICENSE AUTHORITY MEETING DATES FOR THE FIRST AND THIRD WEDNESDAYS OF EACH MONTH. AYES: NAYS: The motion carried. * Frances Cosby, Ronald Blanchard, Ronald Lunders Donald Styes, Lloyd Bryan None * * Th ere being no further business to discuss, the meeting adjourned at 9:02 p.m. /bj • I . . ' • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S Sherman -Englewood, CO 8 0 110 Board Members Present: Board Members Absent: Staff Me~bers Present: Wednesday, December 10, 1980 MINUTES Allen, Artzberger, Coleman, Holthaus, Gassen, Glenn, Kaufman, Neal,Robohm. Maxwell, Mau solf Keller, Thompson, Burger Board Attorney Loring E. Harkness, III c Guests and Visitors: Saleem DeWan, Hike Miller, Jeanetter Bush, Buffy Gilfoil Captain Leon Mull, John Gunyou, Allan Nazzaro, Paul Beattie, Rich Wariush, Susan Powers, Bob Joyce, Thad Carsen, Marilyn ~arbeau. Board Chairman Holthaus called the meeting to order at 12:10 P.M. The Authority "Good Guys" plaque was presented to Saleem DeWan, owner of the Rocky Mountain Jewelry and Gift Mart at 3400 South Broadway in appreciation for his excellent remodeling of the building. Captain Leon Mull of the Englewood Police Department was introduced and re- viewed plans for upcoming programs of crime prevention. Chris Thompson, Executive Director of d.b.a./ENGLEWOOD reviewed the final arrangements for downtown Christmas plans and announced the February Hiss Englewood Scholarship Pageant. Business owners will be contacted to be sponsors of individual contestant entrants. Rich Wanush, Assistant City Manager, reported that Council had approved the sale of the bonds for the parking lot , Walk-thru, mini-park assessment district in the amount of $398,800. The Minutes of the Regular Board meeti.ng of November 12 were approved as published upon motion by Robohm, second by Allen. Motion carried. Board Treasurer Gassen presented the report for the period ending October 31 and Bills to be paid. Upon motion by Allen, second by Artzberger, the bills in the amount of $11,323,81 were approved for payment. Motion carried. Marilyn Barbeau of Oliver-Hellgren Architects displayed several designs for a permanent sign for the new parkin g lot. Estimated $400.00-$500.00. Upon motion by Allen, second by Glenn, the Executive Committee is authorized to make a final decision relative to permanent signage. The EDDA-City-Brady design agreement was brought to the floor for discussion. Board attorney Harkness is to review and a special board meeting is scheduled for Tuesday, December 30 at noon in the board office for a final recommendation • • I • • • P.2 EDM BD HEE TI.NG December 10, 1980 .. • • • The newsletter proposal of Mary B Gilfoil was accepted. A quarterly publication for 1981 is to be written by Gilfoil and printed on the city press with an estt.ated budaet of $545.00 for 1,000 copies per issue.Gilfoil agreed to a cancellation :lause by the board after the first issue. Motion by Artzberger, second by Glenn. Vote-4 in favor, 3 opposed, 2 abstention. Motion carried. The Greenblatt offer to purchase the Public Service Buildina at 3470 South Broadway vas discussed by the board. The executive director reviewed his memo to the board and the various alternatives available. A letter from Don Bowen of Boven's Shoe Store was also discussed. Upon motion by Kaufman, second by Artzberaer, the offer to purchase from Greenblatt is not accepted. Motion carried. The Executive Director is to follow up on a verbal offer to purchase the property by Saleem DeWan and lease the property to Bowen's Shoes, Flash Tailors and occupancy of the office area by the !.D.D.A. and d.b.a./ENGLEWOOD. The Executive Director is also to discuss with Public Service what can be done about payina the r.ost of peraanent roof repairs on the Public Service building. Upon motion by Allen, second by Coleman, The Cherrelyn "Horse Car" is to be covered by insurance in the a.ount of $20,000, $500 deductable,preaium of $150.00. Also included in the motion was a recommendation that the board find a way of disposing of the car. Motion carried. Under Board .embers choice Coleaan asked that the meeting agenda not be so lengthy. Board Chairman Holthaus reminded that without the second board meeting in November or December the work still had to be done. The meeting was adjourned at 1:54 P.M. I • • - • • • TOl FROM : 01\TE: SUBJECT: • • .. • Honorable Mayor Eugene L. Otts and Metllbers of City Council louis Parkinson. "'nicipal Judge~ Decelllber 10. 1980 5 MUNICIPAL COURT ACTIVITY REPORT FOR NOVEMBER. 1980 Attached is the "'n1cipal Court Activity Report for the period of ltovelllber 1 -30. 1980. The report is being transmitted to keep you fully infor.ed of Court activity and requires no action by City Council . /b Att • • I . • ( ( • • • - "--NI CIPI\l COURT ACTIVITY RePORT REVENUE SOURCE NOVOtlE R NOVOtlER TOTAl S fOR YEAR 1980 1979 Violotions Bu~o u flnes-------------------S 4,916.00 Pa rking Vlolot1on Fi ne s-------------------S 6,900.00 Cou rt Coses-------------------------------$10 ,626.00 Court Costs-------------------------------$ 3 ,621. 50 Wi tness Fees------------------------------S 105.00 J ury Fees---------------------------------S -0- Bond Forfei tures --------------------------S 250 .00 Driver 1111Pro-nt School Fees------------S 195.00 Appeol Bond Fees--------------------------s 1.50 Arapahoe County (QU I's )-------------------$_ 507.50 TOTAlS S27 ,122. 50 Arra i grnents ------------------------------ Guilty plus, (ind . nolo pleas)---- llot Guilty pleos-------------------- Cont'd, Foiled to Appeor, OiS01.----- Trdfic Violations Bureau (no parking)---- Gull ty pleas------------------------ Not Guilty pleos-------------------- Triols scheduled for 111011th (held)--------- Trfals to the Court (held)---------- Jury Triols (held)------------------ Juries concelled-------------------- Jurf es continued-------------------- Juries dismissed-------------------- Pre-tri a 1 Conferences--------------------- Opt ionol P~-tria 1 Confe~nces----------- Spec i al Hearl ngs-------------------------- Cases closed by Disposition (P.B.)-------- Cases c losed by Oef. Pros./Sentence------- Dri ver School AttendAnce------------------ Warrants and Executions hsued------------ 280 149 73 !ill 307 229 78 194 (7) 172 (7) 22 (0) 21 0 1 24 178 55 153 8 0 64 6, 778 .00 62,515.50 2,371.00 65,729.47 7 ,!;83.00 124 ,826 .00 2 ,5 15.00 37 ,124 .00 50.00 1,050.00 -0-100.00 105 .00 240.00 1,560.00 3,465.00 1.50 4.50 622 .00 6,453.05 20,265.00 302,827.52 266 114 75 77 414 344 70 163 (3) 150 (3) 13 (0) 12 1 0 151 23 126 28 36 3, 793 1,712 1,213 867 4,017 3,017 1,000 2,341 (99) 2,214 (91) 127 (8) zoo 9 4 239 2,374 400 1,8!;8 66 237 809 Cases pending (not incl. parking)---------2,158 1,500 tiO. OF CASES FILE D BY CIITAGORY: Moving traffic violations----------------- Ptwk i nu vi o 1.1 t ions------------------------ Shop lifting viol at ions-------------------- Ot her ordinance violations ---------------- Anirncll ordina nce violation s --------------- Complai nts (c itizen, s ales tax, bldg.)---- TOTAL S Respec tfully s ubmit ted, :zlcv ftt,/<-C)-/3-~'d CI\Rll/\HI\ J. P D I~ Cl e rk o l HU ic ipil l Court c c: Louis Parkinson, Mun i cipal Jud ge 466 1,272 34 27 23 __ 4 1,826 592 76 3 0 14 24 __ 1 1,394 lio norah l e Ma yo r Eugene L. Otis a nd Members of City Council IIndy Mc Cown, City Mana ge r ~i ck llcWi l , llcti nq Cit y Attorney i'oher t liul~:oe· •• Chief of Pol ice r.;Hy lli rjhf'e , Di rector o f r i nil nc:e rlrO l y n~ .). P.()C ttqe r, Co urt Adll inistrato r 6,186 15,879 259 525 323 ___]_§_ 23,248 TOT Al S LAST YEAR 36 ,119 .01 27,528 .50 77,130.50 17,158.00 1,680.00 275.00 1,860.00 1,970.00 1.50 9,()ol0.67 172 ,763.18 2,760 1,160 894 706 2,267 1,642 625 1,753 (87) 1,569 (71) 182 (18) 138 21 5 142 713 330 1,350 37 205 302 4,230 8,940 0 212 316 ~ 13,733 I • • • • • • .. MEMORA DUM TO: Members of City Council FROM: Eugene L. Otis, Mayor DATE: December 9, 1980 SUBJECT: NLC CONFERENCE Our purpose in attending the LC conference was to learn things that will help us to do a better job. One of the great benefits of the meetin wa makin contac ts with other city offic ials and learn in how they are solving problems simil ar to ours. The three of us selected diff rent work hops with particular emphasis on those that appeareq to deal with subjects of current or particular intere t to Engle wood, such as: Citizen Participation : Getting Neighborhood Groups to Work with Rather than Against the Council . Councils as Supervis ors: Evaluating the City Manager. The Three R's of Labor Relations for City Officials . Community and Economic Development Policy Committee Seminar. Special Workshop: Small Cities Advisory Council Workshop. Is Local Government Obsolete? Policy-making Tools for City Council Effectiveness. A Decade of Choices. General Revenue Sharing: The New Law ~ Stimulating Economic Growth in Small Cities. Economics of Firefighter Health and Safety. The Management Team in Small Cities: ·who Handles Labor Relations? Housing Opportunity: More Than Shelter. Youth Employment: Mending Broken Dreams. Finding New Allies to Fight Crime. Small Businesses Have Big Payoffs. I • • 0 • ,. Members of Ci t y Council Page 2 December 9 , 1980 • • • We all dropped in on other wo rk shops and s eminars o t her than those listed above. I will only address those that I attended. Grou s to Work The thrust of this workshop was towards inviting citizens to e s tablish commi ttees to survey their neighbo rhood s and com e up with a realistic needs assessment such as paving, rezon ing , litter cont ro l, weed-cutting, etc. Some cities have orga n ized nei gh borhood committees to the point where t hey have cleaned up alleys , vacan t lots , etc . I n add i t ion , ne ighb orhood committees have named people to chair a committee to look into comp laints. Th e push is to persuade ne ig h bo r hoods to abandon t heir tr adi - ti onal adver s ary role and to work fo r and with the Council. Co un ci ls as Supe rvisors : Evaluating the City Manag er . This workshop discussed eva luat ion processes, speci fically Council evaluation of the City Mana ger. Much lively discussion ens ued with idea s on how such e v al uations should pro ceed . Some citi es have u s ed outside consu ltants while others have devised th ei r own procedures. It was sug gested that the Council cou ld use the same ev aluation fo~m to evaluate the City Manager th at the City Man age r use s to evaluate his department heads. It was recommended t ha t the followi ng seven principl es be used in the evaluation: 1 . Improvement. 2. Joint process -that is, the City Manag er should be a l lowed to inform the Council wha t he e xpe cts fr om them. Sort of a n e valuation of the Council. 3. The eval uation pro ce ss should be on a regular basis, probabl y annually. 4. Shoul d be open and constructive. 5. Objective cri ter ia shou ld be used. 6. The evaluation procedu res sh ould be incorporated into all oth er processes of local government. 7. The eval uati on should b e action oriented. I think we could make up an evaluation document, from our own exper ienc e a nd from the ha ndo uts f urnished, similar to that used f or the Ci t y Atto rne y, or we could write to Mr. Rudy Barnes, Jr., Counc il Member, Columbus , South Carolina, for a copy of the e valuation form u sed there . • I • • • • • • Members of City Cou n cil Page 3 Dece mbe r 9, 1980 Alternative Revenue Sources. • • - The main subject of this workshop explained how revenues coul d be gained from city owned parking facilities, not only from that facility but from a revital iz ed dow ntown area. No real substative suggestions were made o ther than each muni ci- pality would have to determine innovative and al ternative sources of revenue f it ting their own peculiar ci rcumstances. The suggestion was made that tQe Zero Base Budge ting concept should be used. Also, all fees charged by the municipalities should be updated annuarry . A booklet or paper, prepared annually, should show all revenue sources together with expend- itures, including indirect costs. Using th ese data, realistic fee charges can be adopted. The City of Portland, Maine, stated they changed their fiscal year from a calendar year (January-December) to a true fiscal year (July-June) basis. They stated this helped in the collec- tions area. Policy Making Tools for City Council Effectiveness. This workshop recommended that Councils follow a practice of formally establishing, annually, goals and priorities. One of the methods used was by having each counc il member list the goals and priorities he or she feels most important. Then the Council convene, probably at a week-end retreat, to discuss and arrive at a refined l is t i ng. At this retreat, a "Whe re are we?" and "Where do we want to go?" -process should be followed. Input could be received from the department heads as to the goals and prioritie s they perceive for their depart - ments -these should show probable costs and suggested means of attaining. The matter of streamlining Council Procedures was discussed. Areas such as "Consent Agendas,"City Charter updating, etc. were used as examples. Steve Berk, NLC, could probably be used as resource for this . For the most part, the City Councils involved were quite large with personal staffs . • I • • • Members of City Council Page 4 December 9, 1980 Is Local GovernmenL ObsoleLe? • • Expanded control by the Feds over local affairs, through grants, regulation s , etc., was discussed. The problem of the Federal Judicia r y issuing order s affecting municipalities has grown by leaps and bounds. Consensus was that local gove rnment s were not obsolete but were fast losing the ir identities . The fee lin g was Lhat wi th the new administration with Lhe stated goal of backing states' rights and drawing back from interfering i n local affair s , the lost identity trend will be reversed. General Revenue Sharing -The ew La w. No t too much gained fr om this workshop because the Senate has not acted. Th e pan elists were g enerally o ptimistic about iLS ultimate passage. Robert Rafuse, a Deputy Assistant Secretary o f the Treasury stated thaL Con gress will probably provide money for the next scheduled revenue sharing payment s about Jan uary 8 , th rough a co ntinu i ng resolution for appro p r i at ions . A Decade o f Choices. A general discussion on the en e~y shortage, primar ily oil, and the need for conservaLion, re cl amation, etc. There was consi der- able audien ce participation from a lot of se lf-styled expert s . It was po inted out Lh at solar energy could no t be viewed onlv in t he li ght of barrels of oil saved but must be consid ere d in the l ight of t he number of jobs created. It was est ima ted that solar ene rgy creates e ight times t he numb er of jobs per dollar spen t than nuclear en ergy doe s . Nuclear energy was not slighted. It was po int ed out that more safeguards are being developed in the nucl ear f ield, causing it to become mor e viabl e and acceptab le. It was highly recommended that ea ch city , where applicable, hire an energy c oor dina Lor who is or will become educated in the economic and fi nancial considerations of energy planning. It was also suggested citi e s should u se t h e services of outside professiona ls in Lhe energy field. Small Business Have Big Payoffs. The paneliSLS discussed using Indus t rial Revenue Bonds to attract businesses. They felt this was an impor t ant to ol . • I • • • • Members of City Co un ci l Page 5 Decembe r 9 , 1980 • • • The panelists als o s uggest e d c1t1es should b e ful l partner s in revitali zing downtown area s by helping to arrang e financial aid in general, helping to "sm ooth'' the wa y . Youth Employment : Mending Broke n Dreams. CETA was discus se d as well a s v arious ot her youth programs. This workshop degener ated som ewhat into complai nts about how the schools were no t pr eparing our yo uth, e spe cially the b lacks , for the big, wide wor ld. No concr ete sugge stio ns were ma de; however, alternative h i gh scho9ls did rece ive g ood marks. Conclusion I enjoyed the conference a nd I think I got something out of it . I think the biggest thing I got out of it was an app reci at ion for Englewood. I talke d t o many Mayors and Councilmen from various parts o f the coun tr y and found that many of the c i ties were in dire financial straits. Their income has been prima rily from real e s tate and property taxes and federal money . The taxpayers are rebelling (Proposition 13 in California and Proposition 2~ in Massachuse tts) and the feder al money is dry- ing up. Even though we're in relatively good shape, we can't get complacent!! We have to make sure each dollar is wisely spent, cut th e fat whereve r possible, examine alternative sources of reven ue, etc., to ensure o ur city regains and main- t ai ns its fi scal health . EU GENE L. OTIS Mayor Delegate, NL C Co nferen ce At tached to this report are c omment s of Mayor Pro Tern Bey Bradshaw and Council Membe r Tom Fitzpartrick concerning the seminar s/workshops the y attended at NLC Conference. • I • • • • • • OTATIO S MADE BY BEV BRAD SHAW, ~1A YO R PROTEM , CITY OF E GLE~OOD, RELATIVE TO S I ,ARS ~~D WOR SHOP S ATT E DED AT LC CONGRESS OF CITIES , ATLANTA, GE ORG IA -198 0. Public Employee Str i kes: Can y ou prevent them ? Can you Surv ive them? Cities should prepare for pub l ic employee strikes by dealin g wi h the co ncept of maintenance of qual i ty of city services . Possible sources of manpower would be t he ational Guard, supervis o rs or a Labor Management Committee. The overall message wa s that good negotiati ons would and should prevent strikes but if emplo yees choose to strike, le t them; but the city must be prepared. Public s e ctor unionism is needed and necessary. The areas t hat sho uld be neg o t iated are: 1) wages, 2) hours, and 3) condit 1 ons of employment. The legislative branch (council) should not en t er i nto them at all. Management should be totally ope n with the press or the press will t ake t he union's side. Any issues con - sidere d uniq ue to one labor force within a ci ty should be put in an addendum so all employees would receive the same book let but separate unions could get separate addendums. The Federal Media tion and Concil iat ion Service may be consulte d for crisis intervention. The Genera l Accounting Off ice does n ot believe FM CS sh o uld be u sed i n public sector negotiations. They can be calle d on for preventive media tion serv ic es. Federal Man dates: How t o cope with them. There are two typ es of federal mand ates: 1) prescripti ve or coercive -the one s a c ity must c omply with in order to receiv e feder al fund s ; 2) voluntary -t his i s gran t money that a city appli es for . Wh en asked if th ere was a list of all f eder al man dates, the r epre senta tive from the governmen t sa1d it wa s i mposs i b le to have an up dated list of all f ederal mand ates t hat citi es must comply with. The overall tone of the discussio n was that th e Reagan administration is alr e ady antic i pat i ng advice from the states on how to streamline the proc e ss. The attitude of t he delega te s was that the process of apply ing for grants shoul d be coordinated and st r e amlined. Grants s hould be dependent upo n need ra th er t han compl ic ated with pe tty com- pli anc e rules a n d regulations. Some ci ti es said t hey wo uld rath er go wi tho ut fed era l assistance on some projec t s bec ause of the tim e del ay f a c t or of f ederal assis tance. The c onclusion of the ses s ion wa s a majority conce s s ion that the citi e s are will ing to buy back their aut onom y and do away wi th federa l f und s . • I • • • • • • - Page 2 Housing Opportunit ies: fore than Shel ter. The Fair Ho using Act pas sed in 1968 has become a "lame duck" because of the lack o f enforcement procedur e for cities in violation. However there is litigat ion a ga ·ns t the cities of Yonker s a nd Hartford for violation of the a ct. The South Suburban Board of Realtors in I owa is also under at ta ck for its secular real estate test. Currently Congre ss is addressing several amendm ents to the Fair Housing Act that could make enforcement mo re plausi ble. Thi s would cut down considerab ly on violators. The intent of the act -to ens ure peopl e ho using choices -has long been lost in the shu ffle of tryi n g to get the JUd ici ary to enforce the provisions. The new amendment wi l l for ce HUD to get on the enforcement s ide . The problems the ac t is de al ing with currently ar e: 1) redl i n i n g, 2) condo conve rsion, 3) energy, 4) unemployment, and 5) u r ban distress. I f there could be a coordinated, consol i dat ed e f fort of all federal housing programs, the Fa i r amendment could function as it was intended. Currentl y there i s a c oncerted e ffort on the Fair Housing Admin is tration's part t o put "U n i ts" into the Regional offices of NLC. This will allow more loc al a ssi stance in housing programs. Local Pract ic e s i n Energy Con servation Cities must become more energy efficient . It takes more than equipment to promote energy con se rvation; it takes a new mind set. Conservation does not mean going without , it mea ns maxi- mizing our use of energy s upplies an d t apping o ur local brain pools. It is an interdepartmental c o o r dinated effort i n city hall. It is every thing from fuel conversion to pro f it a djust-ments. We mu st realize that the lack of energ y conservati on costs us a business or indu stry everytime we have t o raise taxes or ener gy p r ic es go up . Kansa s City, Missouri, has a six-year old Energy Program. It started from the grass root s level and is now ci t y-wide f rom residence s to ci t y hall. I t beg a n gradually un til eve ryo ne got in the act. A ci t y cannot move too rapidly or its citizens won't buy in to an energy p ro gram. Finding New Allies to Fight Crime. The best crime deterrent is to let people take the responsibility for their environment. Three agencies -the LEAA, the Advertising Council Incorporated and the National Council for Crime and Delinquency ~ have a free public s ervice program starring • I • • • • • - Page 3 McGruff, a dog i n a trench coat. The theme is "T a ke a Bite Ou t of Crime." This program is available through l oca l radio and television stations. This idea has probabl y the greatest merit. Find local peop le to police their own. Who do people turn to whe n they are a vic tim of crime? A friend first and t he pol ic e as a last resort. This attitude is more prevalent in larger cities but it gener- ally holds true. We need to look away from traditional avenues and find out who th e c riminal s are i n our areas and tr y to work within that f rame of refe rence r a t he r than from outside. The more money and programs we se t up wi thout local ownersh ip , the mo r e our crime rate will increase. Re member, criminals are not prejudiced. p c BEV BRADSHAW MAYOR PRO TEM • ) I • • • • • • OT ATIONS MAD E BY T0~1 FITZPA TRIC , COJ .'C IL ME lB .R, CITY OF E GLh WOOD, RELA TIVE TO SEMI NAR S A D WORK'i HOP S \T1E OED AT LC CO GRESS OF CITIES, TLA TA, GEORGI -19 80 . Mrs. Fran Hill, speaker, Albuquerque, Ne w Me x i co, s tated their b iggest problem i s lac k o f communicati on between the Council and City Ma nage r. Th ere has to be some di re ct i on given by Council as to the dire ction t h ey w1s h to go. Goals for the city and the prior i ty of those goals. Laura ine Bre kke, a dire cto r for Seattle, stat ed she adv ises her Co uncil Mem be rs as to the priority of pr ojects which sho uld be c ons idere d in the budget as well as the estimated re v enue expe ct ed . Rev enue comparison is done for three-year per io ds. Mr. Stone, Mayor, Sunnyvale, California, stated Propo sition 13 scared hel l out of the Council Members at first. But forced th e m to consider priorities and trim a great deal of fat fro m the operati on. By spending mone y to computeri ze programs and c onsolidate some program s , they cut the work force by 23%. Established pay for productivity and stuck by it. Found they could save money by having some services under private contract. Mrs . Brekke - use a program budget, then follow thru for the results. Mr. Bartlett -measure programs not only for the productivity but also for the dollar value the ci ty receives. See Dallas handout. Council as Supervisors: Evaluating the City Manager. Council should set up a program to evaluate the City Manager annually. 1. This can be done collectively; 2. On a one-on-one basis; 3. Evaluat i on Critique Sheet -mage up by Co uncil o r 4. This has outside. Use out side firm -Critique sheet each Councilman then compile results and give findings. Co unci l decision. been taped. Alternative Revenue Sources: New Approaches to Financing Services . Most of the methods explained at this session I believe we alrea dy have in force. Some were bankin g -arrange for early deposits, same day as received, gains interest. Collections -use every means to be sure they are on time. Make use of short term invest- ments of cash. Keep the checkin g account to the lowest maximum possible. Get the discount from vendors for 10 -20 day cash payments. Check fee charges of all kinds -are thsy paying their way? Does the Council wish to have the city pick up the for the balance? See #2 handout . • I • • • • .. Page 2 Keys to Effecti ve Council Committee Systems. Only pic ked up ha ndout -see #4. Opening General Session Jessi e Ratt ley , Council Woman, Newport ~e ws, irginia, pr e sid- i ng -with the new off i cers of President, Senate and Cong re ss have put out the word s , we must cons erve. We in turn mus t make up our minds we mus t separate t he nece ss ary from the nice to ha ve. Make ou rsel ves a list of the reve nue s haring items we have and then give a priority to that list. Revenue sharing will be reduced. Stressed the points to swing the action back to th e state and local l evels. John McCloughs y , Reagan's representative - 1. Outcome of transition back to locals. 2. Locals to have more input into the federal level. 3. Fields protect environment and life of citizens - Fear from within. Use of Deadly Force. Horner Broom, Jr., LEAA, Washington, D. C., discussed the point of their dwindling budget . He in fact stated the money for future training of police officers has reached zero and h a s not bee n renewed at this time. Admitted that this program would probably be one of those which will be deact ivated by Reagan . One remark made was that he believed that there had been set aside 5 million for the study of deadly force. Recomm ended the program be ado pted by cities that changes the weapons qualification of police offi~ers. Firing and then on the sp ot critique and evaluation of the new method provide d for a develop - ment of stand ards a nd credibility which enhanced a u se of deadly f orce only when necessary. He admitted that poor adm inist rat ion was prob ab ly th e main r easo n for the down wa rd trend of LEAA. Margaret Bush, Assocjation of Chiefs of Police -r ecommen ded that the law be c ha nged bec ause it (fed e ra l law) i s ou t da ted. The time of shout a warning or fire a warning shot and then sh oo t has p assed . Mo s tly because of the removal of the death penalty and the theo ry that i t saves th e court expense is also gon e (o l d theory). Keep the La w (Police Ch iefs) 1 . Contravene the l egislative r ule 2. Split second decision by of f i cer impo ssib le 3. More law sui s 4. Draw citici sm fro m th e police unions for restri c ting authority - His belief Reason for c hange Too broad o f a law. Use higher standards. There are law sui ts anyway . Will always draw criti cism for any restriction. I • • • • • • .. Pa e 3 Priority of reasons why 1 ws s hould be ch an ged: 1 . A need for greater restri c tion s 2 . Discrimination of appli c ation (differen c e o f offic er's personality). Legislat o rs s ho uld make t h r ules for pol ic officers. 3. Standards must be set for protection of both officer and felon. 4 . Safety for the citilen and officer -safety on the streets. There are other means to accomplish the mission -tra ining and needs of the officer. Relationsh i p of officer with the commu nity. Po lice officer s will foll o w chief's dem an ds. Use an investiga tive procedure and have a good follow-up policy . Ms. Margaret Wi lson, NAACP, Washington , D. C . -Co nst itution preambles domes tic tranquili t y ; broad policy, enc ompa sses too much, when we should strive for th e achievi n g of the essential . Only the military should have a righ t to seek out and destr oy - not our police officers. We need and must have a full y trained and professional police force. Ch ange of thinking o f poli e officers toward blacks as opposed to whites. She stated polic e c hiefs take a neg ativ e view toward a c hange in the law . Due to a change in two speakers at the last minute the discussi on dealt a good deal with racial disc r imi nation. Public Employee Strikes: Can you prevent them? Can you survive them? Wyeth Chandler, May or, Memphis, Tenne sse e. Be prepared at any time for a strike. Make sure you have a good c ontingency plan to put i nto opera t ion. If and when a strike occ urs, be re asonable and fair. Once you have attested to this, darn well stic k to you r decisio n. If you give a deadl ine which i s mandatory to return and state if not certain restrictions, cha rge s or firings will occur, have the guts to stand behin d them. See th em thro ugh even if yo u know you personall y wi l l have som e backlash from that decisi o n. Do your job, y o u were elected to make de cisions and represent all of the pe o ple of the commu nity. Ed McMahon, National Representa t ive , Federal Med iation and Concilia ti on . You have to be honest and abov e-bo ard on i ssue s with the employees. I attended only the la s t portion of this session -wished I had gotten i n on more of it. Ci ties as Energy Pr od ucers. Robert Herzog, Dir ect or, Energy Office, N.Y., N.Y. -Gave a some- what detailed re port as to the measures taken by N.Y. as to the i r new sol i d and re fu se waste treatment plant. By burning their sol id waste and to incorporate the burning of s ludge along with it . Gave some glowin g figur es as to the possi ble energy resour c es I • • • • • • • .. Page 4 to be c aptured in the fu ture fro m the above mentioned. Dick Munson , Direc or, Solar Lobby, Washi ngton, D. C. -more attention needs t o be di rected o so lar energy and more money sp ent i n that direction. This na ion could realize upwards of possibly 15 to 20\ of i t s energy savi ng if more techn ology is applied. Re move red tape and restr i c t ions of c redit giv en. International Br eakf ast Daniel H. Yergin, Di rector, International Energy Center, Boston, Ma ss achusetts -prio r ity factor of sp ee ch by this gues t speaker : 1 . Co nse rvation -means productive conserva tion . 2. Today we enjoy ~he benefits of t h e best strides toward con se rvat i on since 197 3 . 3. Today in s ome instances we have cut ou r energy use by 30 -40 %. 4. Gillette Co . has c ut its ene rgy by SO % an d still its sale s ar e up 85 % compare d to 7 years ago , 1973 . 5. In auditing and measuring the units of energy we still must stress th e private sector. We mus t offer in centives and help to indivi duals. Make u se of the private businesses in your area. Se e what they have done, cooperate to have them share their technology with the privat e individ uals o f yo ur community. 6 . Whether we believe i t o r not, energy efficienc y and conserva- tion are the surviva l of the world toda y . Mayor McConn, Houston, Texas , Union of Internationa l Ci ties. As technology and c ommuni ca t i ons become better we can learn fr om ou r neighbors. I n Europ e , waste is f uel. Very little of anything is wasted. He s tated one thing that struck a real sore spot and was very not iceable -We have di;tr cities. We scatter our litter everywhere. All we re inv1ted to the 2 5th Intern ational World of Cit ies to be held in Columbus, Ohi o, J une 21-25 , 1981. Econo mics of Fi r efigh ter Heal th a nd Safe tr . G. Cu rtis Branscome, Ci ty Manager, Decatur, Georgia -I t is th e respons ib ility of the ci t y 's legislators t o get involved t hru the Ci ty Manager. umber one priori ty i s to man da te the us e o f protective equipme nt a n d c lo thing . Us e of equipme n t exampl e the tank and the fla t pack (r e u se of a pe r son 's ow n ai r ) for oxyg en. The fla t pack is lighter , allows for more flexibili t y and access ib ilit y in tight places. I t is limi te d as to amount of time. Use proper clothes, flame resistant cotton clothing (n eeds ironing), but we ll worth the extra effort and money. Have the fir e fighters take care of th e i r ow n c l othes . They will learn the val u e of them. Use of proper shoe s (s teel t oe s) and bo ots . Gloves -make along with the glove s you check into the wri stlets. 15% of burn injuries to fi refigh ters are t he wrist. Physica l fitness is a must. Set up a program and maintain it on a con- tinui ng basis . Physical fit ness pr ogram also cuts down on t he amou nt of sic k leave . • I • • • • • Page S Costis To rega s , Vice Presiden , Public Tec hn ology, Inc. - Common se nse must preva i l to have a pro es s 1onal e arn , examp le 20 y e ar olds manning eq uipmen t while SO yea r olds r un up and do wn the ladder s -re sul s heart attac k s . Out o f a ran dom test of de aths by other than f1re 44 \ due to stre s s, 41 \ by heart a tta cks of those in the age bracke t of 4S to SO. Ma ke a rando m test in your own de p ar men t as to type s of injur y/death s . Show the breakdown as t o age br acket s. Most of the f ace burn in j uri e can be prevented by use of the face mask. 95% of fir e fighters do not use them. This should be manda tory. Se t up phy sical examinations and test to we ed out those who have problems. Make use of both methoas-Tcombine ). The Management Team in Sm a ll Cities: Who handle s labor relations . Charles Tyson, City Manager, Jp hnson City, Te nnessee -A most unfortunate circumstance when the city manager must be the negotiator, even the personnel director sho u ld not be in t his role. Both should act as advisers to the team representing the city. It is recommended to have a profession (I disagree). ever as an elected official get involved in the actual negotiations. Your capacity is advisory to the City Manager as repre se ntatives of the people. Take a close look at binding arbitration. Is it good for your city? (We ha ve enough problem s now.) I really didn't get too much out of this because of the set~e have i n Englewood. Nothing much addressed our particular situation. Employee Compensation Planning to Avoid Surprise s. William Brenner, Senior Personnel Anal y st, Federal Reserve Board, Washington, D.C. Some points to con side r as to the real cost of compensation to the employer: 1. Priority = the ability to pay b y the city. Benefits will climb by 9~% because of in c reasing bene fits and COLA. Non-Emergency 1977 -43 % of pay 1979 -49 % of pay Pol ic e and Fire 1977 -4 6% o f pay 1979 -48 % of pay Can cities continue to bear the b runt of this cost? 2. Social Security , health insuranc e , re tirement and life insurance policies make u p the gr eatest fringe benefits and costs. 3. Automatic C P I increase -strive to combine th is with Social Security. Questions we as le gi slators should keep in mind: 1. What are the periodic evaluations showing. 2. What are the needs of the city as the employer . I • • • • • .. Page 6 3. What is the market evaluation. 4. What part should the union pl y. 5. Do we audit the benefits paid out and comp are, 6. What kind of bene fi ts do we have . 7. What is and what will be t he cost of these benef i s. Susan Pavlou, Personnel Dire tor, Seatt le , Washing ton - Performance Pay -This has bee n set up and us e d f or a test. There is a need for a comparable s tandard which can be used so that productivity can be graded. At the start th is will cause a great deal of resistance by c ity em ployee s . Results will show: 1. Return to the public sector; 2 . Returns on the job; 3 . Mo ne y sav i ngs -all of wh ich ca n also mea s ure productiv ity. Implementation -start with the t o p emplo yees and work down. Thi s causes less resistance. Also withhold yearly step increases and/or COLA. Small Cities: Big Energy Savers . Paul Redfearn, Mayor, Springfield, Missouri -mos t of the energy recommendations, we have alr eady implemented. I belie ve the recommendation for a periodic check to make sure they are being carried out needs to be looked at. Priva te Sector . Mayor Red f earn di d bring up one idea I bel i eve our ci ty cou ld take a look at. To have a private citizen energy comm ittee o f the city. In Springfie ld, the y t r a1n ed thrs commr ttee in e ner gy saving methods . The comm ittee then set up public tr aini ng sessions and impl emented a door to do or campaign. Mr. Redfearn s tated this was a h uge succe ss a nd well ac ce pted by the public. They also im plemented the publi c to a ssist one another to accomplish this. Cl osing General Sess ion. James Rouse, Rouse Development Corp . We mus t conserve energ y , create t ownhouses and mak e housing more affo rdabl e to the people. Make use o f our worn out land (needs explanation) in su ch a way as to combin e h o us ing, in dustry and j o bs in the same lo cation . This will cut dow n the travel and conse rve . By the y ear 2000 , the trend of urban living will change to city living . People want to live toge ther, where they can have neighborhood sho pp i ng and their k ids can walk to school. George Latimer , Mayor, St. Paul , Minnesota . Wh a t do we do a bo ut our zon ing law s , housing and d i stri but io n of our resourc e s. 40 to 50 years ago people had combined living because of t he economics. (Depressing and out co me.) The pendulum is swinging back to this f o r some reas on. Multiple room an d buil ding use rather than the singu lar . NOT E: Co p i es o f mate ria ls referred to are ava ilable in the Ci ty Man ager's Offi ce . • I • • • • • • - GLEWOOD PARKS & RECREATIO N C ISS IO inutes of ce r 1 1980 The regular mo nthly meeting of the En gl Par s & Recr eat ion Co mmiss ion was called o order at 5:05 p.m. by C a i r.an J ack Poole in th e Par ks and Rec rea tion Off ice. Members present: Hewitt, Richards, Bradshaw, Higd ay, Allen, Poole , Howard, and ROMans, ex officio Members absent: None Also present: Leon Kuhn, Asst. Director, Parks a Recreation Doug Foe, Asst . Director, Parks a Recreation Allen moved, Bradshaw seconded that the minutes of NoveMber 13, 1980 be approved as mailed. Motion carried . Director R0111ans reported and presented the list of needs for Malley Center which City Manager McCown had requested fl"Oin the M.lley Center staff. The ·final approved needs allowed $9,000 toward Facility Improvements and $14,700 for Equipment Purchases. Discussion was held concerning the request for needs that were not approved, and it was the consensus of the C011111ission to resublnit a list asking for the deleted items to be purchased, except for the purchase and improvement of land parcel on the SE corner of Shennan and Girard. Frances Howard asked that an addition to the minutes of November 13, 1g80, page 2, be made as follows : "The Senior Citizen Advisory C011111ittee wishes to know from City Counci1 what percentage is expected from Malley Center recovery costs. The Com ittee feels 15% is feasible." Addition will be made. Since the Comm ission has indicated that they wish to have any Parks and Recreat ion prob l em or project to be brought before t hem , an d particularly before these projects are finali zed by the City Council, Director Romans reported on the proposition from Dick Dittemre, attorney f or Sam & Vivrian Hall , offering to sell their property located east of Centennial Park for additional park space. Romans said that City Council has rec ommended not to purchase this property. They could not justify the $40,000 expense. Romans presented a history of Centennial property and pointed out that the property would be an asset to Centennial Park. Mr . Romans felt that the • I • • 0 • • • • .. • Halls might tak lt ss ne y if approache d . Discuss io ol d. H qday MOVed, Allen seconde d thAt a rec~ndation be -.de to recons ide~ pu rchase of the Hall Propert y and su~it offer of $15 ,00-20 ,000 for his s i e. Motion carri ed . Asst. Direc tor Doug Foe reported on the Rec rea tion DePArt.ent 's upc OMing sp ecial Chris tMas activities . R~ns noted that in the future at eac h Meeting he plans to introduce personnel f~ Parks & RecreAtion to acquaint Co.Mission with the employees' job function in the Depart.ent. He also Mentioned that other in- formation about the DepArtMent will be given to the to.Mission in the future. Jack Poole reported on the Study Session with City Council concerning the fees and charges info~tion. He sa i d that his iMpression froM the Study Session was that Ci ty Council would like to have a lOOS recovery froM progrAMS. Poole said he thought this was i~ssfble. Ra.ens and Foe presented and explain~d chart of program costs And recovery, and prograM evAluation details which are recorded by each supervisor on every recreation progra.. Ra.ens sAid he will forward a chart to the Co.-ission detailing costs for both the recreation and park divisions that can eventually go to City Council . Discussion was held on the function of the Department. Higday and Bradshaw expressed their need to have supportive in- formation regarding the Parks and Recreation Depar~nt's structure in order for them to justify reque s ts and function ~re efficiently in representing the Department in City Council, especially in the bu dgeting area. Dire ctor Romans read a memorandum f rom City ~nager regarding the selection committee to interview the six architectural firms for design of the Golf Course Clu bhouse . Mr. McCown thinks it des irable to have a ~er of the Parks and Recrea- t ion Commission represented on the selection comMittee. After discussion, Higday moved, Bradshaw seconded, to nominate J ack Poole to represent the Co.mission at the December 18, 1980 interview. Hewitt was named alternate. Romans reported on the Bates-Logan Ditch right-of-way. He said that residents living near the ditch have been required by the City to get a permit to put fencing along their property. • I • • • • • .. - Asst . Director Leon Kuhn pre sented an d expla i n d a de a1led ~P of City prope rt ies to Co~ission. Discussion was held concerning starting ti ~ of the ~nthly Ca.M 1ssion ~et ing s. It was decided to continue the 5:00 p.~. beginning ti~. At the conclusion of the Meeting, a N.R.P.A. slide show entitled "Wes Francis Wave Award Slide Show on Leisure Attitudes" was shown. This filM depicted various recreation depart.ent activities fro. throughout the country. It was shown in order to acquaint Co..ission with recreation activities which can contribute to a balanced recreation program Meet in g adjourned at 7:30 p.~. • I . • ~Jo • • ,. • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS & REC REATION COMMISSION DATE: DeceMber 11, 1980 SUBJECT: RECONSIDERING PURCHASE OF HALL PROPERTY RECOMMENDATION: To reconsider purchase of the Hall Property near Centennial Park, and authorize City Manager to subMit an offer of $15,000-20,000 for this property. By request of the Englewood Parks and Recreation C~ission I . . • • • .. C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT December 16, 1980 ~6 RTD FUNDED CITY PROJECTS INITIATED BY ----~C~i~t~y~Ma~n~a~q~e~r~------------------------------------- ACT~ PROPOSED Request the City Attorney to draw up ordinances concerning three contract agreements with RTD for grant funds . BACKGROUND: Each year RTD receives applications from the metro area for construction improvements and repairs on their bus routes. Englewood submitted appli- cations for repairs at three locations that had deteriorated due to bus traffic. Those projects were approved for 100% funding by RTD and are presented for Council consideration. RECOMMENDATION: That the City Council approve the following agreements with RTD to receivE the Regional Aid Urban Systems grant: (1) Replacing curb radius at the northwest corner of Floyd Avenue and Broadway -$ 1,000 (2) Replacing curb radius at the northeast corner of Elati and Girard -900 (3) Installing concrete bus pad along the south side of 100 and 200 blocks west Floyd Avenue 18,700 Total grant $20,600 The Department of Engineering Services will provide the design, contract administration and inspection on each of the projects. • I • • I 0 • • • • • • Y · ! f I I REGIONAL TRANSPORTATION DISTRICT REGIONAL AID URMN SYST!M AGREEMENT AGREEMENT made this __ day of--------' 1910, by and betw_, THE CITY OF ENGLEWOOD, hereinafter ref.,.ed to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdlvilion ol the State o1 Colorado, hereinafter rel.,.ed to as "Rm.• WITNESSETH• WHEREAS, the Rm has establilhed a Reel~ Aid Urban Syst.., MlAUS") fund for the purpooe of implemen~ tranlit-related roadway improvementSJ and WHEREAS, the Grantee has filed an .,..Uc:ation attached hereto marked !xhiblt A and Incorporated by refwonce as If fully let forth herei"' a WHEREAS, the Board of Directors ol the Rm has approved the 1M ol Rm local funds for the Project clescrllled in Exhibit AI and WHEREAS, the parties t.-eto *lire to lmp'-t copital lmpro¥- clescrlbed herein. NOW, THEREFORE, in consideration of the mutual promise contained herein, and lor other good and valuable consideration, the receipt and suflidency of which are hereby acknowledged, the parties agree as loliOWSt SECTION ONE PURPOSE The purpose of this A&reernent is to usist the Grantee in implementi,. the transit-related road improvernent(s) described below (hereinafter sometimes referred to as "the Project"). The Grantee, In tum, wUI carry out the Project In accordance with the terms of this A&reement. • I • • r:· ..... J." . • i I · f k ' • • • • l SECTION TWO THE PROJECT The Project consists of canatructton of a concrete bus pad on tile IWth side of Floyd AveiiUIO, as more particularly clncribed in r.xtlibit A attached hereto. SECTION THREE THE GRANT The RTD wiU P<OYide the Grantee the total cost of tile P<Qject or E.IGHTI!I!N THOUSAND SEVEN HUNDRED AND N0/100 DOLLARS ($11,700.00) whichever is less. L Where the Grantee performs the Project wort< ttvooch its own work force, -R TO will P<QVide tile Grant funds on tile bull of invoices received and approved by the RID lor time and materials expended. b. Where tile Grantee perform• the Project work ttvooch a contrac- -, tile RID wW P<Qvide tile COr ant fundi on tile bull of the contract award ..-ice u may be mocilied by ~e orden ..,......ved by lhe RID. c. Where tile Project work i1 part of a laraer capital imP<Ovem.,t, tile RID wiU P<Qvide tile Grant funds on tile bull of tile unit ..-iceo bid u part of such lar&er contract and RTD approval of CDitl for items which may not be identified in tile far&• contract. SECTION FOUR ELIGIBLE COSTS Cost& eli&ible for reimburle"nent by the RID under this &rant A&reement are limited to tile actual cost of desi&n and construction of the approved Project. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any necessary ri&ht-of-way or other real property acquisition instruments for the Project. I • • i . ( I • i' , \....) t( p r t· • • • - b. The Grantee wiU provide -.ian doc:ument revi ew, c:onatructlon lnopec- tion, and qineerlna Mrvic:es for the Project. c. The Grantee wiU obtain any requi red ~aisals, permits, and approvals and wiU be responsi ble for all ci ti zen review and publ ic aaency coorclnatlon. c1. The Grantee will maintain the completed Project. e . The Grantee wiU c onstruct the Pro ject lh""''h its own _.k force or c:aJH it to be constructed throu&h formally adverused, f.-, open, and competitive biddina, and in accordance with such .dditional terms and concitions u the RTD may r8:1Wre.. f. To the a tent the work to be performed under this "&reement Ia JMI'formed by other than the employees of me Grantee or other Gow-ental entity and the total ca.t of such _.k is In excea of FIVE THOUSAND DOLLARS ($S,OOO.OO) the Pro ject Labor Aareement lna>rporated herein by reference shall apply . I· Reimbwwment by RTD for eli&ll>le costs is aprealy oonti,....t ....,. completiiWI of the work to be performed under this .o.a-on or before Dec...., 31, 1911. Grantee shall obtain the RTD's final i....,.ctlon and written .............,. in the acceptance of the completed project improvement on or before December 31, 1911. SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's wrinen approval of the final -.ian. ca.t estimates of ri&llt-of-way or other real property acquisition, and cost estimates of the improvements to be constructed as part of this Project prlor ID the commence- ment of acquisition or construction. SECTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant , the Grantee shall permit the RTD free use of the improvements funded hereunder for transportation purposes for a period of not less than five (S) years from the date said improvements are completed and made available for publ ic use. ln the event the Grantee interrupts, eliminates, or interferes with the RTD's use of said improvements, the Grantee shall immediately refund to the RTD the full amou nt of the Grant funds received hereunder, pro- rated over the five-year period. -3- I • • --· • I • • • , . • l SECTION EIGHT FIN,t.L INSPECTION The Grantee IIW1 obtAin the RTD's f inal inopection Mel written c:oncurr....,. in the ~ ol completed Project improvements. SECTION NINE HOLD H,t.RMLESS-RTD NOT LIABLE Grantee, aareeo to save and hold the RTD harmleu from Mel apirwt alllllib, claims, Mel clomandl baled upon any alleaed c~M>a&e to property or any alleaed Injury to .,...,. Undudins death) which may occur or be alle&ed to have OCIOift'ed by or on acaount of any neaiipnt act or omission on the part ol the said Grant•, its oubcontractors, or any of their servants, employees, or aaents. The Grantee, at iu own upenoe, wiU settle or defend any claims or lltl&atlon arllins out of tile performance ol this "&reement. The RTD oh&11 not be liable for any clamqe to the Project impro- lllrou&h the routine -tllereof unlea cauoed by the neall&ence and/or omialon of aro-paoy- SECTION reN TERMJN,t.TION Either pony may tennlna~ this .a.,reement at ""'f time by p..tns written notice opeclfy;,. the date of termination, ouch notice to be pven not lea than ninety (90} days prior to the date therein opecified. In the event the Gr- cleoires to cancel thia "&ree<nent after R TO hal upended fundi for dasllfto but before coowtrue1 ion hal be&"". Grantee shall reimburse the RTD lor all dasi&n lunda expended by RTD. In the event the Grantee cleoires to cancel this "&reement after Project construction cllrins the initial five ()) year period, It may do ., upon &ivins written notice to the RTD, specifyi .. the date of termination, ouch notice to be &lven not less than ninety (90) days prior to the date tM<ein specified. N a condition precedent to termination after Project construction, the Grantee sh&1l reimburse the R TO lor ail Grant funds received under this ,t.sreement, pro-rated over said five-year period. SECTION ELEVEN PROHIBITED INTERESTS No ollicer, member, or employee ol the RTD, and no members of IU sovernins body, and no other public official or employee of the 1overnins body of -·- • I • • • • ( I I • • • • .. • ""'t. - the louli ty or local it ies included wit hin the Dinrict , ..,.inc his or her t.,..... or for -year t'-after, lllaiJ have MY interest, •rect or in<lrect, in _!hi& ....,_,.....t, or the proc:Mdo t'-eof . SECTION TYI!L Vf; MISCI!LLANI!OUS 1. ~ Any notice to be &hen hereunder sllaiJ be -.,eel &lv., ..,.. oent by rqist•ed or certified mail to the eddr-herein conhlnecl of the pwty to be notified. 2. Equal Employment Opportunity. In cannec:tion with the .,..-formance of this ....,_ent, the Grantee lllaiJ not cbcrimlnate a&alnst any empaoy.. or ....,Ucant for employment*-of r..:e, calor, rell&Jon, oex, national orl&ln. .... m.-ital atatua, bein& handiapped, a 4udvantaaed penon, or a clubled or Viet N.., •a -an. The Grantee sllaiJ taa "affirmative action to .._.. that appllc..ts are employed, and that employees are trMted uJna employment wl"-t .....,d to their r..:e, calor, reliJion, ..,., national orl&ln. .. ., m.-ltal ltatua, beJnallandicapped, a 4udvantqed p.non, or a ciMblad or Vle1 N.., •• vet.-an. Such action lllaiJ include, but not ba limited to, the followiJIII em- ployment, 14111a•na. demotion, « tr-.lerJ recruitment « rec:FW-t ·~ layoff « termination; rates of pay or other forma of cam~ and oeJection for tralnina. inclu.,. -..prentlc:ahlp. ), All'!!!l!!!!t aincltw. This .............. t lllaiJ iNire to the benefit of ..cl be ~ ..,.. the IUCceaon and usipl of the part!• hereto. •· Lawo to Apply. The Project lllaiJ be Qft"led out in accorclanc:e with the lawo of the State of Colorado and all ....,UcaiiJe Federal laWI at ....... tl-. '· Amendment. Thio AJreement may not be ..,...-except in writinl by mutual aareement of the parties, nor may ripts be waived except by an instnment in writinssi&ned by the party char&ed with ouch waiver . IN WITNESS WHEREOF, the parties have G.dy executed this AIVeernent, effective the day and date first above written. APPROVED AS TO LEGAL FORM FOR THE RTD By ____ ~~~~~~--~ Lesal Counsel ATTEST• By __________________ ___ REGIONAL TRANSPORTATION DISTRICT GRANTEE• THE CITY OF ENGLEWOOD By ________________________ _ _,_ • .· I • • ~-. •. · . ( • • - EXHIBIT A REGIONAL AID URBAN SYSTEM APPLICATION ,,._....,.__.,..,mbyMAv s. 1?80 ) 1. ~ ctty, OIIUnty, ....., ___ ~c.,.t.,.t~)'~OI.lfi.....IJI!IOI:n~gj.ll.lelllWlOd~OliiiOI.----------- 2. 3 . ..,..._ 3400 s. Elati, Enqlewood, CO 10110 PhoMNo. 761-1140, Ext. 503 ,..... of PlftCirl RTD lhoulcl -..n , .......... ..-:&. D~rectot of Engineering Gary R. Diede Tide.....;S~e-rv~i.=c,::e,:s ______ ,.._.No]6l-ll40, EXT. 503 .a. L...._. of projlct lnlllll •nl ........ ot •lltlnl .... ..... cu.-....... -project .. bini ..... DNwinlaiMY ............. , ~~: Southside of 100 i 200 blocks w. Floyd Avenue D.alpdon: Existing vertical curb and gutter on the southside of these two blocks and adjacent asphaltic concrete paving is showing signs of extreme distress and failure due to increased usage of RTD buses in this area. 5. ProjectJunficadon: Removal of the existing curb and gutter (2 ft. pan) and replaceaent with new curb and gutter (5 ft wide pan) will give necessary added strength to areas presently experiencing displacement. Project will also include removal and replace-~ ment of one catch basin and the crosspan at South Acoma Street. y ( 6. Priority rmkint of !!:!!! proiKt amont .n propouh t.int IUbrniu.d by yaur ..-ncY: ---~o~n~e~ _______ ot _________________ ___ 7. LOA! hrticipnon (c:heck ~-..--1 A. c~ by ....,cy tore. to include: 1. Surwy end Delitn 2. Conltrvc1ion Stakint 3. c-tnac:tion lnepec:tion IS . Conltrvc1ion by ouuicle c:ontrKtor( 1 I 0 to inc:lucle: 1. Surwy end DeliF 0 2. Construction Doc:umenu 0 3. Stakint 0 .a. Construction ln~PKtion 0 C. Request RTD P1rticip11tion kJ to include: (PI-specify) Actual construction costs by contract Englewood will provide necessary engineering services. ( (1) If project COlt is 15,000 or Oftl' 1N "Project Ubor ~t"IPfJiiel. (OVER) Rev . RTD 1)294.11 ntil • • I • • ( ( • • • .. • Exi•ting • -o-... o.w. (2) o.iln (3) All engineering by Englewood • 1.900,00 Conl1rucdon a...lfUNIInt .. TDF ...... TOIIII • 18,700.00 • 20,600.00 • l,too.oo • 18,700.00 (2) Appliunt ........ ,...,,.. -tor ... D.W. Mlluilhion.. 13 ) Actu.l .... CCIItl only. RTD TSM Division 1325 South Colondo Baulftenl Dlmw, CoiDNIIo 10222 Director of Engineering Services (Ti.) • 5/9/80 (0..) . ... I . • • • • • • l \ REGIONAL TRANSPORTATION DISTRICT REGIONAL AID URIIAN SYSTI!M AGREI!MENT AGREEMENT made this __ day of --------• 1910, by .,d between THE CITY OF ENGLEWOOD, herelnalter "'ferred 110 as "Gr.,tee," and the REGIONAL TRANSPORTATION DISTRICT, a political oubcl>ilian of the State of Colorado, Mreinafter merred to u "Rm.• · 'lriTNESSETHt WHEREAS, the Rm has estllbllthed a Reaianal Aid Urban Sptem I"RAUS") fund for the purpose of implementJna tranolt-related roadway lmprcwern.,bJ and WHEREAS, the Grantee hu filed .,. applicatlan attachecl ..__ rnarbc1 i!!llhlblt A and Incorporated by ref.-ence u if fully set forth herel"J and WHEREAS, the Board of Directors of the RTD has approved the ... of Rm local fundi for the Project cleoc:rlbed In Exhibit A1 and WHERI!AS, the parties ~ desi.., 110 Implement cepltal Improvements described herein. NOW, THEREFORE, in consideration of tM mutual promi~e~ contained herein, and for other &ood and valuable consideration, tM receipt and ouffidency of which are hereby acknowled&ed, the parties qree u foUOWII SECTION ONE PURPOSE 1M purpose of this A&reement is to assist the Grantee in implementlna tha transit-related road improvernent(s) described below !hereinafter sometimes referred to as "tM Project"). The Grantee, in tum, will carry out the Project In accordance wi th the terms of this Agreement . • I • • ( ' • • ( • • • • ~CTION TYO THE PROJECT The Project consisu of modification of the nom-t c:wb radha at the i nterJeCtion of Elati Street and Girard Av-., u m«e pertlcularty dllcrlbecf In Exhibit A attached hereto. SECTION TH~ THE GRANT The RTO will provi de the Grantee the total coot of the project c. ~GHT THOUSAND AND N0/100 DOLLARS ($1,000.00) whichever Is leu. L Where the Grantee performs the Project wwk "'""''h Its own work fc.ce, the RTO will provide the Grant funds on the bub of in¥0ices received •d 11ppr0ved by the R TO fc. time and materlala upended. b. Where the Grantee performs the Project wwk "'""''h a cwotrector, the RTO will provide the Grant funds on the bub of the cwotrect award price ao may be modified by chance c.den -..roved by theRTO. c. Where the Project work Is part of a Jaraer capl tal improv-t, the RTO will provide the Grant funds on the bub of the unit prices bid u part of such laraer cantrect and RTD approval of a.ts for it.,.. whidl may not be Identified in the Jaraer cantrect. SECTION FOUR ELIGIBLE COSTS Costs eli&i ble for reimbursement by the R TO under this arant Aareement are limited to the ectual cost of desi&n and construction of the approved Project, and the actual cost of the acquisition of real property for the approved Project. SECnON FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any necessary riJht-of-way or other real property acquisition instruments for the Project . • ., •. 4~. .i-oi .#~· ·~~:4:··· .. ~ .:.:·~~l?~{10~l I '.!~,: -~ -.. ~ ~.:i~l. ~ ~-; r._ :~{J~~-.J"~~~! r· •. ·~ <f, :t4 t;'?j;~~~~ r .. ;:-;-.~ .... ,~-..:l ~~;~ ~,::.•: ~·~~~f.. .. \··. 1·,, ··{~i~~ I • • 0 I I' \ • • •• • • • • -' ... \ __ s . "( ~·· b. The Grantee wtll pn>v icle dHi&" doc\J~Mflt review, c onstruction ll\lpeC· tion, and ~in& ••••ces tor the Pro ject. c. The Grantee will obt&tn lilY required -waio.al•, permits, and -wrovall and will be r~e lor &II auun review and public a&en<:Y c;o«clnation. d. The Grantee wiLl maintain the completed Project- e. The Grantee wiLl construct the Project throu&h its own work lor« or cauM it to be constructed throu&h torm&lly advertioed. tree, open, and competitive biddi n&o and in accordanCe with ouch additional term• and concitiono as the RTD may require. 1. To the extent the work to be performed under this A&reetnent is performed by other than the employees of the Grantee or other c;over..,.ental entity and the total cost of ouch work is in excess of FlVI!. THOUSAND DOLLARS ($,,000.00) the Project LabOr A&reement incorporated herein by reference shall apply. &· Reimburle'"ent by R TD tor eli&ible COlts is expresalY c:ontlnaent ....., completion of the work to be performed under this A&ree<nenl on or before oecember 31, 1911 . Grantee~~ obtain the RTD'• final inSpeCtion and wrltt., concurrence In the acceptance of the completed pn>ject im~t on or before oecernber 11 , 1,.1. SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written -woval of the final clesi&n. cost estimates of ri&ht-ot-way or other real property acquisition, and cost estimates of the impn>vements to be constructed as part of this Project plior to the commence- ment of acquilition or construction. SECTION SEVEN CONTINUING TRANSpORTATION US!. In conslcle<at ion tor this Grant, the Grantee shall permit the RTD free uoe of the improvements funded hereuncle< for transportation purposes for a period of not less than five (') years trom the date said improvements are completed .nd made available tor public use. ln the event the Grantee Interrupts, eliminates, or interferes with the R TO's use of said improvements, the Grantee shall immediately refund to the R TO the full amount of the Grant funds received hereuncle<, pro- rated over the five-year period. _,_ I • • "' : .. ~. . . ~··. I ( 0 ~ ~ 1 \ il • k ,. l f • • • .. • SECTION EIGHT FINAL INSPEC TION The Grantee shall obtain the RTO's fi nal inopection and written concurrence in the acceptance of completed Pro ject lmprovementa. SECTION NINE HOLD HARMLESS-RID NOT LIABLE . ... ' J .. _ .. _ Grantee, aarees to save and hold the RTD harmless from and a&ainst all tuits, claim•, and demand! b&IIO<I upon any allqed dama&e to property « lillY alleaed ', injury to penon~ (includin& death) which may occur or be allqed to have occurred by or on account of any nealigent act or omissicin on the part of the said Grantee, '!\) its $Ubcontractors, or any of their servants, employees, or qentt. The CrantH, at i t1 own upenoe, will oettle or defend any claims or liti&ation arilin& out of the performance of this Agreement. The RTD shall not be liable for any damage to the Project improvements throuch the routine use thereof unless caused by the nealigence and/« omission of RID employees. SECTION TEN TERMINATION Either party may terminate this Agreement at any time by &!Yin& written notice specifyin& the date of termination, such notice to be given not lea than ninety (90) days prior to the date therein specified. In the event the Grantee deli res to cancel this Agreement alter RID has eXJ>ended fundi for design, but before construction has t>e&un, Grantee shall reimburse t"': RTD for all desl&n fundi eXJ>ended by R TO. In the event the Grantee desires to cancel this Agreement alter Project construction during the initial five (5) year period, it may do 10 upon 1ivi,. written notice to the RTD, specifyin& the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified. As a concition precedent to termination after Project construction ~. the Grantee shall reimburse the RTD for all Grant fundi received under this .Agreement, pro-rated over said five-year per iod. SECTION ELEVEN PROHIBITED INTERESTS No off leer, member, or ~ployee of the RTD, and no members of its governing body, and no other public official or employee of the governin& body of -·- I • • • a' ---:J • • '( I • ( I I ( tc ' f t \t • .. • • • • the locality or localiti• inducled within the Diottlc:t, ui,. hil or her t.,... or for one,.... tt.raftor, ohall haft ony lntere.t, oltec:t or lnclrec:t,ln thio A........,.t, 01' the proceed~ thereof. SECTION TWELVE MISC!.l.LAN!OUS 1. ~ Any notice Ul be &I.,.. ............. IMII be ciMmed &IY., whan ..,t by re&~Jtered or certified mall to the ......_ her8ln contained of the ,.rty to be notified. 2. !!.qual Employment Opportunity. In connection with the performance of 'I I thil A&r....,ent, the Grantee shall not clocrlminate •alnlt any arnployee or ..,Ucant for employment ~ of race, color; reli&ion. Jell, national orl&ln, .. e, marital ltetlll, bel,. hanclcapped, a cl~advantaaed penon, 01' a cllabled or VIet Narn ora -eran. The Grantee shall take affirmative action to InJure that .,..Uantl are arnployed, and that employ-are treated ul,. employment wttt.rt ....,d to their race, color, rell&ion. """• national orl&ino .. e, ....,Ita! otetlll, ~ handicapped, a cl~advant•ed penon, or a cllabled 01' Viet Narn ora -•an. Such ec:tlon ohall lnclude, but not be limited to, the foUowJ.ncl em- ployment, owacln&o demotion, or tranderJ recruitment • recruitment a~ layoff • termlnatiCinl rata of pay 01' other formo of oom.,....tiOIII and Miectlon fOI' tralnln&o inclucln& apprenticeoNp. s. A&reement lllncl!\1• Tllll ,.........,t shall irAire to the benefit of and be~...., the~ and UJi&nl of the partleo hereto. •· Lawo to Apply. The Project ohall be carried out In accordance with the laWI of the State of ColOI'ado and all applicable FederallaWI & reauJatiOIII. '· Amendment. This Acreement may not be amended except In wrltl,. by muN&I aareement of the parties, nor may rl&ht• be waived except by an lnotrUment In writin& li&ned by the party dlar&ed with IUCh waiver. IN WITNESS '&'HEREOF, the parties have duly executed this Acreement, ellective the day and date first above written. APPROVED AS TO LEGAL FORM FOR THE RTD By ____ ~--~--~-----Le&al Counoel ATTEST• By __________________ __ REGIONAL TRANSPORTATION DISTRICT GRANTEE• THE CITY OF ENGLEWOOD By ________________________ _ _,_ • I • • ( • • .. • EXHIBIT A REGIONAL A:O URBAN SYSTEM AP PLICATION (Please complete and return by May 5. 198 0 ) 1. Submitting city, county, agenc:y_~C .. l.._· t..,y~-:o~f-En!WiaLollo.~cuypgda.a.a.L-..,-------------- 2 . Address 3400 S Elati EnljJleW>Qd co PhoneNo. __ 7'-"61U.l-::..t.l..,l,s4..wO~-. ___ _ 3. Name of penon RTD should contKt "'lllfding this project. Director of Engineering Gary B. piede Title Semdc•s ,_No. 761-1140, Ext. 503 4. Loc:Mion of projKt lnd description of Milting condltionl. (Ute one form for I!!:!! project 111bmittlld. OrewinprMV be au.chtld.) P~~tlocation:_~N~·-=E~·~C~o~r~n~e~r~G~l.~·r~a~r~d=-=a~n~d~E~l~a~t~i~--------------- DeKnption: Existing vertical curb and qutter with adjacent t.5' walk is showing extreme deterioration and failure is due to RTD cutting this corner short on this route. 5. Pro~t Justification: Removal of part of the vertical curb and gutter and adjacent walk and replacement with new vertical curb and gutter with reinforced walk would correct this public hazard from further deterioration. ( 6. Priority ranking of THIS p~ject among all p~posals being submitted bv your agency: four -----------------------of ____________________________ _ 7. Loc;al Participation (check appropriate spaces) A. Construction by agency forces iJ to include : 1. Survey and Design kJ 2. Construction Staking kJ 3. Construction Inspection £1 B. Construction by outside contrac:tor1 1l 0 to include : 1. Survey and Design 0 2. Construction Documents 0 3. Staking 0 4. Construction Inspection 0 C. Request RTD Participation 1;1 to include: (Please specify) Actual construction cost by contract ~nglewood will provide necessary engineering services. ( 111 If project cost is $5,000 or over the "Project L.tlor Agreement" applies. (OVER) Rev. RTO 1)294.11/79 • I • • ( c· • • • ,. • 8 . EstimaUid Project Cost R.O.W. (2) Existing ~ (3) All engineer services Conatruc:tian Local Fundinf RTD Fundinl T01111 121 Applun ~ .-quii'M -..nt or R.o.w. Acquilition. Ill Ac:u..l dllign CCII1I only. When CompleUid Return to: RTD TSM Division 1325 South Colorado Boulevard Denver, Colorado 80222 •·------~~------ 150.00 •·----------------•. ______ ,_o_o_._o_o ____ _ , _____ l_,_o_s_o_._o_o ____ __ •----~l~s~o~·~o~o ____ _ •• ______ 9~0~0~-~0~0~--- Director of Engineering Services 5-9-80 (Title) (Da18) • • I • • • • • • REGIONAL TRANSPORTATION DISTRICT REGIONAL AID URBAN SYSTEM AGREEMENT AGREEMENT made this __ day of --------• 1910, by and between THE CITY OF ENGLEWOOD, herein&fte< referred to as "Grantee," and t he REGIONAL TRANSPORTATION DISTRICT, a political subdivision ol the State of Colorado, hereinafter referred to as "RID." WITNESSETHt WHEREAS, the RTD has established a Reponal Aid Urban System ("RAUS") fund for the purpose of lmplementins transit-related roadway improvements; and WHEREAS, the Grantee has filed an application attached hereto marked Exhibit A and incorporated by referen<:e as if fully let forth herelOJ and WHEREAS, the Board of Directors of the RTD has approved the use ol RTD local funds for the Project described in Exhibit A; and WHEREAS, the parties hereto desire to implement capital improvements descr i bf!'d herein. NOW, THEREFORE, in consideration of the mutual promises contained he rei n, and for other good and valuable consideration, the receipt and sufficiency o f which are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The purpose of this Agreement is to assist the Grantee in implementing the trans it-related road improvement(s) described below (hereinafter sometimes referred to as "the Project"). The Grantee, in turn, will carry out the Project in accordance with the terms of this Agreement . • ·I I • • • I ! I SECTION TWO THE PROJECT • • • The Project consbts of modification old the northwest curb radius at the intersection of 6rOAdway and Floyd Avenue., u more particuJarty described in Exhibit A attached hereto. SECTION THREE THE GRANT The RTD will prov ide the Grantee the total cost of the project .,.. EIGHT THOUSAND AND NO /I 00 DOLLARS ($&,000.00) whichever is less. a. Where the Grantee performs the Project work thrOUBh its own work forc e, the RTD will prov ide the Grant funds on the basis of invoices received and approved by the RTD IO< time and materials expended. b. Where the Grantee performs the Project work throuah a contrac- tO<, the RTD will provide the Grant funds on the basis of the contract award price as may be modif ied by d\qe orders approved by the RTO. c. Where the Project work is part of a tarcer capital Improvement, the R TO will provide the Grant funds on the basis of the unit prices bid u part of such larger contract and RTD approval of costs for items which may not be identified in the tarcer contract. SECTION FOUR ELIGIBLE COSTS Costs eligible lor reimbursement by the RTD under this crant Agreement are Jimitf!d to the actual cost of des i Kn and construction of the approved Project , and the actuaJ cost of the acquisition of real property for the approved Project. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any necessary right-of-way nr other real property acquisit ion instr uments for the Project. • I •.t. I I r· ! ! .. I • • ,. ·"' ... ,. • • • • b. The Grantee will provide design document review, construction inspec- tion, and engineer i"l service for the Project. c. The Grantee wiU obtain any required appraiS&ls, permits, &nd approvals and will be responsi ble for all citi zen review and public qency coordination. d. The Grantee wUJ maintain the completed Project . e. The Grantee wiU construct the Project thrOUJh its own work force or cause it to be constructed throuah formally advertised, free, open, and competitive blddin&, and in accordance with such additional terms 111\d conditions u the RTD may require. f. To the extent the work to be performed under this Aareement il performed by other than the employees of the_ Grantee or other Governmental entity and the total cost of such work is in excess of FIVE THOUSAND DOLLARS ($},000.00) the Project Labor Aareement incorporated herein by reference shall apply. I· Reimbursement by R TO for eli&ible coots is expressly continaent upon completion of the work to be performed under this Agreement on or before December 31, 1911. Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of the completed project improvement on or before December 31, 1911. SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of the final desi&n, colt estimates of right-of-way or other real property acquisition, and cost estimates of the improvements to be constructed as part of this Project prior to the commence- ment of acquisition or construction. SE CTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant, the Grantee shall permit the RTD free use of the improvements funded hereunder for transportation purposes for a period of not less than five(}) years from the date said improvements are completed and made available for publk use. In the event the Grantee interrupts, elimiMtes, or interferes with the RTO•s use of said improvements, the Grantee sh&ll immediately refund to the RTD the full amount of the Grant funds received hereunder, pro- rated ovf!'r the five-year period. -)- •• \ .•·. I' 0 '. ,, ·'· .· I • • / 0 , I • • • - SECTION EIGHT FINAL INSPECTION The Grantee shall obtain the RTD's f inal inspection and wrinen concurrence in the .ccept¥1« of completed Project improvements. SECTION NINE HOLD HARMLESS · RTD NOT LIABLE Grantee, qrees to save and hold the R TO harmless from and qainst all suits, dalms, and demands based upon any alleaed damage to property or any alle&ed injury to persons (includin& death) which may occur or be alle&ed to have occurred by or on ..:count of any nqligent .ct or omissloh on the part of the said Grantee, Its subcontracton, or any of their servants, employees, or aaents. The Grantee, at its own expense, will senle or defend any claims or litigation arisin& out of the performance of this Agreement. The RTD shall not be liable lor any damage to the Project improvements through the routine .-thereof unless caused by the nqlisence and/or omission of Rm employees. SECTION TEN TERMINATION Either party may terminate this Agreement at any time by pving wrinen notice specifying the date of termination, such notice to be slven not less than . ninety (90) days prior to the date therein specified. In the event the Grantee desires to cancel this Agreement alter R TO has expended funds for design, but before construction has begun, Grantee shall reimburse the _RTD for all design funds expended by R TO. In the event the Grantee desires to cancel this .O.sreement after ProjKt construction clJr ing the initiaJ five (.5) year period, it may do so upon &iving written notice to t he RTD, specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified. As a concition precedent to termination after Project construction, the Grantee shall re imburse the RTD for al l Grant funds received under this Agreement, pro-rated over said five·year per iod. SECTION ELEVEN PROHIBITED INTERESTS No off icer, member, or employee of the RTD, and no members of iu gove rning body, and no other public official or employee of the governing body of -4- • / • • • ,. • 1 the locality 0< localit ia included within the District, cb"in& his 0< her tenure 0< fO< one yur ther&fter, shal l have Any Inter at, direct or incirect, in this Asreernent, or the proceeds thereof . SEC TION TWELVE MISCELLANEOUS I. Notices. Any not ice to be &iven hereunder shall be deemed &~ven when sent by relistered or certified mail to the addresses herein contained of the party to be notified. 2. Equal Employment Opportunity. In connection with the performance of this A&reernent, the Grantee shall not cisc:riminate qainst AnY employee or applicant fM employment because of race, color, ·religion, sex, national ori&in, qe, marital status, being handicapped, a disadvantqed person, or a disabled or Viet NAm era veteran. The Grantee shall take affirmative action to insure that applicants are employed, and that employea are treated durins employment without rqard to their race, color, reli&ion, sex, national ori&fn, qe, marital status, beins handicapped, a cisadvantqed person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the foUowirc• em- ployment, uparadina, demotion, or transfer; recruitment or recruitment advertisi"ll layoff <!'" termination; rata of pay or other forms of compenaatlOfll and selection for trainirc, indudirc apprentic:eshlp. ). Aareement 8indin&. This Asreernent shall inure to the benefit of And be bincins upon the succasors and assisns of the partia hereto. •· Laws to Apply. The Project shall be carried out in accordance with the laws of the State of Colorado and all applicable Federal laws c!t reaulatlons. }. Amendment. This Agreement may not be amended except in writin& by mutual agreement of the parties, nor may rights be waived excePt by an instn..ment in writing signed by the party charged with such waiver. IN WITNESS WHEREOF, the part ia have duly executed this Asreernent, effective the day 'and date f irst above wntten. APPROVED AS TO LEGAL FORM FOR THE RTO By ______ ~~~--~----- Leaai Counsel ATTEST: By ____________________ __ REGIONAL TRANSPORTATION DISTRICT 8y E"· x::ecu=:=t,r:· v:::e~D~ir:r=ec::t::or::-:An=d~G.-:ener===atrr.M;:Anag:::::::er=- GRANTEE: THE CITY OF ENGLEYIOOD 8y __________________________ __ -}- • I l I !. I l i . ' .. ... j •:.. I • • ( • • • • - tAt1UH I /4. REui ONAL AID URBAN SYSTEM Ai>PLICATION (Pie-complete and return by May 5. 1980 ) 1. Submitting city, county, 81111C'f __ ___,C..,l.,.· ... t~y_..g ... f......,En-g.,.l..,e""wpg..,._d ____________ _ 2. Addlwa 3400 South Elati, Englewood, CO PhoneNo. __ 7;..;6:..:1=..-....;1::.;1=..4.:..0=------ 3 . Name of penon RTD should contact ....,-ding thil project. Director of Engineering Gary R. Diede Title Seryices PhoneNo. 761-lUO. Ext. 4. Location of protect MMI c:t.cription of exiating CIOIIditionL (U. -form forE! pt"Oject .,bmlttlld. Drewings ruy be au.:hed.) Project Location: N. W. Cgrner Flgyd and Brgadyoy DeKnption: Existing vertical curb and gutter with 10' adjacent walk is showing extreme deterioration and failure due to RTD buses cutting the corner on this route. 5. Project Justification: Removal of part of the vertical curb and gutter with adjacent walk and replacement with new vertical curb and gutter and reinforced walk would correct his possible hazard. 6. Priority ranking of !!::!.!§ project among .tl propoals being submitted bv your ..-ncv: ____ ....;t~w....;o~--------of _______________ ___ 7 . Local Participation (chec:k appropriate spKe) A. Conltnlction bv agency fon:ea to include: 1. Survey and Design 2. Construction Staking 3. Construction Inspection B. Construction by outside contractor(1) to include: 1. Survey and Design 2. Construction Documents 3. Staking 4. Construction Inspection C. Request RTD Participation to include: (Please specify) Kl kl ~ ~ 0 0 0 0 0 [2il Actual construction cost by contract Englewood will provide necessary engineering services ( 1) If project cost is $5,000 or over the "Project Labor Agreement" IPPiiiS. 500 (OVER) Rev. RTD 1)294.11n9 ·. • I • • • 8. EstiiiMiw.d Proiect Colt R.O.W. 12) o.u.n 13) Conatruc:1ion LOCIII Fundiftt RTD Funding • • .. • Existing All engineer by Englewood To1al (2) Applic:lnt .,.._.. ~WQUired -...nt or R.O.W. Acquilidon. (31 Actu., dllign costs only. When Completed Return to: RTD TSM Division 1325 South Colorlldo Boulevn Denver, Colcndo 80222 ··----~-~0~---------- 150.00 ··--------------------,1,000.00 ,1,150.00 150.00 •·--------- .1, 000.00 Director of~Engineering 5/9/80 (Title) services 10..) • I . • -~ f • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT December 17, 1980 oc 1980 Housing Assistance Plan (HAP) INITIATED BY Deoartment of Community Development ACT I ON PROPOSED Approyal of 1980 Hoy sing Assistance Plan INTRODUCTION: In August, 1980, DRCOG approved a special allocation of HUD funds ($94,315) to supplement the Englewood Housing Authority development budget. The City and Housing Authority had proposed to develop five family duplex sites scattered throughout Englewood. Because of insufficient funds, the Housing Authority applied to DRCOG for additional HUD money. With these funds, four of the five sites can be purchased. The fifth site will be purchased with other public housing development funds. After this application was approved, the staff was requested to prepare a new Housing Assistance Plan (HAP) on a different form provided by HUD. HUD had previously ap- proved the Housing Assistance Plan in 1979 with the Community Development Block Grant application. There are some changes in the content of the plan, and it is required by DRCOG that the City Council review and approve the new HAP prior to releasing the HUD funds for purchase of the sites. The staff was notified of this requirement two weeks ago. It was reviewed and approved by the EnglewoQd Housing Authority at their meeting on December 17, 1980. The HAP is a statistical document describing housing in Englewood. It also includes an annual and three year goal for the provision of subsidized housing to our residents. Some changes have been made in the goals to make them conform to the adopted DRCOG Regional Housing Opportunity Plan. CONCLUSION AND RECOMMENDATION: In order to proceed with the purchase of the sites for duplex development, it is re- quired that the new HAP be approved. It is recommended that the City Council approve the 1980 HAP for submission to DRCOG and HUD. • I • • • • •• • SUGGESTED ACTION: ~VED BY _________________ __ I . • SECOND ___________ _ YES, ____ NO. ____ ABSENT· ____________________ _ • • • • ~ Forn roved OMB o 63-R1471 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1 . NAME OF APPLICANT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City of Englewood HOUSING ASSISTANCE PLAN 2. APPLICATION/GRANT NUMBER TABLE I-SURVEY OF HOUSING CONDITIONS Bl-1 I 1-1 I 1-I -I I I I . • 3 . PERIOD OF A""LICA81LITY J·· 5. DATE OF SURVEYISI USED -... ·~·--~ ~-,.~ I' ~J OIUGINAL 1980 Preliminary Census kEYPUNcH CODI FROM:J an. 1; 198.1 T~:Dec. 31. 198 D REVISION. DATE Estimate/Updated 1979 A . 0 AMENDMENT, DATE City Survey NUMBER OF HOUSING UNITS ALL UNITS OWNER 55' RENTER 45, STATUS AND CONDITION YEAR OF OF ALL HOUSING UNITS ESTIMATE SUITABLE FOR SUITABLE FOR SUITABLE FOR TOTAL REHABILITATION* TOTAL REHABILITATION* TOTAL RE HABI LIT ATIONO Cel Cbl Ccl Cdl Col Cfl Col Chi I 1. Occupied Unla • TOUI 1980 12,762 1,460 7,019 803 5 743 657 2 a. Scbstand<!rd 1980 1,558 1,460 857 657 701 657 , .... 3 b . Standard (liM t mlmn liM 21 11,204 --6,162 --5,042 -- 4 2 . v~-t AV81ldlh Unitt· Total 1980 558 67 307 37 251 30 I o. su""•-67 67 37 37 30 30 ... ltsnd:Jrd ,_ 4 ""-11M 5J 491 270 . ! 8 ----221 -- 7 3. Heuil"' S-" Awllltle • Totll ' f.-of/1-t-41 1980 13,320 1,527 7,326 840 5,994 687 I • 4 . llonclmt ~ Stoc• Awilable • T*"" I ,_,.,,,_3-·1 11,695 --6,432 --5,263 --I I. Olom>nt s ....... ---I I v._.._ J (liM •• ,..1:1 1980 4.3, --4.n --4.3\ -- DEFINITIONS, DATA IOURCES, AND IIIETHOOS (A--;.--· it-,.. --,;ty .,_,--~ 1. e.flnitlon of -., loll J .,.. ...... 2 . ~lnitlon of ............. ..tlobilit .... ---· 3 . .,__ ............... -. ... S:>•cial """""' __.. __ ' o,.....,... only if the _.icent "'-·-;ut;,.. .. • 1*1 ol ito Houolnt Sl<ete~Y-M • !IDII lot....,.;"' .W.I.,_, R ~placet Fo rm HU0-7015.8 , which n Ot»ooet• HU0-7091 (6 -7111 -• • • • - Forn 1 !~rc>~~ed OMB o 63-R1471 U .S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1 . NAME OF AP'PLICANT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City of Englewood HOUSING ASSISTANCE PLAN 2 . APPLICATION/GRANT NUMBER TABLE I-SURVEY OF HOUSING CONDITIONS Bl-1 I 1-1 I 1-I 1-1 I I I . :1. f'ERIOO OP' APPLICA81LITY .J .. !1 . OATE OF SURVEYCSI USEO ...,...~-~ ,·#-~ I' ~ORIGINAL 1980 Preliminary Census kiYI'UNcH CODI P'ROM :Jan.l; 198.1 ~ilec. 31. 198 0 REVISION , OATI ~stiaate/Updated 1979 A . 0 AMENOMENT, OATE ~ity Survey NUMBER OF HOUSING UNITS ALL UNITS OWNER 55' RENTER 45, STATUS AND CONDITION YEAR OF OF ALL HOUSING UNITS ESTIMATE SUITABLE FOA SUITABLE FOR SUITABLE FOR TOTAL REHABILITATION* TOTAL AEHABILITATION* TOTAL REHABILITATION" ,., lbl lei ldl 1•1 lfl Col (hJ I I. Occuplod Unlll · TDIII 1980 12,762 1,460 7,019 803 5 743 657 2 D. Subllendard 1980 1,558 1,460 857 657 701 657 ...., 3 b. SUnderd ,,_ , -,_ ZJ 11,204 --6,162 --5,042 -- • 2 . V~t A..aale UniU • ToiM 1980 558 67 307 37 251 30 I 0. Sulo:tsndlnt 67 67 37 37 30 30 8 b. ltsncbn:l,. 4 ...... ,,_ 5I 491 --270 --221 -- 7 3. Heoai"' Stedl "--illie · Tocll ,_of,_ r., 41 1980 13,320 1,527 7,326 840 5,994 687 I 4 . ~ Hoolllftlltoc• A••lllble-TMII ,_, of,_ ;,., ., 11,695 --6,432 --5,263 -- 1.. Ooomloot,.......,..,....... • I v._.._ -,_ .. ,.. 1980 4.3\ --4.3, --4.3, -- OEFiftiTIONS, DATA IOURC£5, AND MEntODS (A..----· if-,., --,;ty .OIIt ,_.,__1 1. Ceflnltlen of •., L 1 • .r'uood. 2 . Dllflftttien or ........... ,_ ...,lltilltMion• .-.0 3. o.. __ ..... _....uood. 4. S:>ocill ................... o,........., anly II the -'C..t pr-rellobilltMien es e 1*1 of its Housint SIFMOW -es e 11001 for housint euillence. Reploces Form HUD -7015.8 • ...,ich "Otnole"' HU0-7091 16-781 • • { • • • • • • - TABLE 1 SURVEY OF HOUSING CCI!miTIONS Line 7, Colu.n (c) Total housing stock available from 1980 preliminary census estiaates Line 4, Colu.n (c) Vacant Wlits from 1980 preliainary census 558 Line 1 (c) is Line 7 less vacant (line 4) Wlits Line 2 (c) is substandard units COW\ted in the 1979 City survey less those units which have since been rehabilitated (to December 31, 1980) 1600 units less 42 • 1,558 Line 3 (c) units not in the survey -or line 1 minus line 2. Line 5 (c) from page A-SO of Housing Study 1600 substandard units are approximately 12\ of all housing (units) stock in Englewood. It is assumed vacant units would have the •- percentage of substandard units -67 Line 6 (c)-Line 4 minus Line 5 Line 8 (c) all standard units (Line 3 plus Line 6) Line 9 (c) the vacancy rate given on the 1980 Preliminary Census estimate Units Suitable for Rehabilitation 13,320 Line 7 (d) all units suitable for rehabilitation is 98\ of substandard housing (Line 2(c)) according to City building inspectors making the 1979 survey. Line 4 (d) assumes 4. 3\ vacancy from 1980 preliminary census All Units Suitable for Rehabilitation Line l(d) occupied substandard (but suitable for rehab) or Line 7 minus Line 4 • Line 2(d) all of these are considered substandard Line 3(d) is not applicable since there are no standard units in this category. Line 5(d) all of these also considered substandard units Line 6(d) N/A also Line 8 and 9 1978 Housing Survey of Tax Roles Established 55\ Owner to 45\ Renter Line 7 Column e and g; use 55\/45\ division of total column(c) Line 4 (Column e and g) Use 55\/45\ division of total (Column (c)) (558) Line 1 (Column e and g) use 55\/45\ division of total (Column c) • I • • • • - TABLE 1 SURVEY or HOUSING CONDITIONS (continued) Line 2 55\/45\ division of colu.n c (1558) Line 3 (col~• e and g) is Line 1 minua Line 2 Line 5 (col~• e and g) is 55\/45\ of vacant substandard units 67. (Also this works out to be 12\ of vacant units available.) Line 6 (col~ana e and g) is Line 4 lllinua Line 5 Line 8 (col~ana e and g) is Line 3 plua Line 6 Line 9 vacancy rate from 1980 Estimated Census Col~ana f and h units suitable for rehabilitation asa~a the •-proportion of renter to owner. This assUIIIption is backed up by an &X&IIple of a survey of tract 57 which concludes that the proportion is the s~ for substandard houses as that for all houaing stock. -2- • I • • • • • U .S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN TABLE 11-1 -HOUSING ASSISTANCE NEEDS OF LOWER-INCOME HOUSEHOLDS :1. PERIOD OF AWLICAI1UTY .. . . (Jg ORIGINAL . D REVISION, DATE FROM: Jan. 1, 1981 TQl)eC. 31, 1983 D AMENDMENT, DATI 1 . NAME Of APP'LICANT City of Englewood OMB No. ·A1471 Fo rm Ap roved 63 2 . APPLICATION/GRANT NUMBE R sT -T T T-I I-I I -I I I I 5 . DATE OF SURVEYISI USED ··~·· .. ; Updated 1978 kEYPUI'JCH COO. RHOP B·1 NUMBER OF HOUSEHOLDS ALL HOUSEHOLDS ALL MINORITY HOUSEHOLDS ALL FEMALE-HEADED HOUSEHOLDS STATUI OF ~HOLDS ELDERLY SMALL LAROE ELDERLY SMALL LARGE ELDERLY SMALL LARGE (1 ·2 FAMILY FAMILY (1 ·2 FAMILY FAMILY fr-2 FAMILY FAMILY REQUIRING ASSISTANCE ~ , . .., (5• ~ , . ., (5tN ,__,., , . .., (5 tN TOTAL ..wl TOTAL ..wl TOTAL •nd --,_.. -,...,. mOtW HANOI · ------HANOI · __ , __, HANOI · penoml ,_..,,., CAH'ED CAPPED CAPPED lei lb·11 lb-21 lb-31 (b .. l lc-11 lc-21 ·~-31 .... 1 fd ·11 fd ·21 fd ·31 (d .. l ' A. Totlll OwMt HOUIIholcll ,_,. ., linn 2 Mt131 1232 641 392 199 265 138 85 42 645 336 206 103 2 O....Hou ........... be .,....,.. ........... -y-- 3 0.,..., Hou!:lholdl ,..,.,..~ 4 ,._.ofTIMI ' 52"'' 32 "' 16 1Pt ...... old Type 1011'5 "' I •• T .... ......,..,, ••aldl ,._,.,,_ .. , .. ., 1311 499 622 190 287 109 138 40 699 266 335 98 I .................. be ~ ........... ..... _.....,._ 7 ~ .......... ,__ .. ..,,......, . . I I'I~E__,.te,._ 3941 1497 1892 552 288 110 138 40 I ........... of Teal 111r Houc&hald T.,... 10D5 38"' 48 ~ 14 "' P!!UIAATIVE lA,_,. e*litlotrei~~Wer. If__.,, 1. Data_ ........ _hods. 2 . Spedelho...;,.-ot ____ .............._ I form HUO· 701 S .!t. which is Obsolete ~ P-1of2P_. HUD -7092 16-781 • • • • • • .. TABLE 11-1 HOUSING ASSISTANCE NEEDS ALL HOUSE HOLDS REQUIRI NG ASSISTANCE Column (b-1 ) Owne r /r e n te r househol ds. Figure s are from : Line 1-5 Appen dix A RH OP Page 14 Table 4a -1977 d ata updated to reflect 19 80 Preli minary Ce nsus i nformation (197 7 households numbered ~2,361 - 1980 households esti mated at 13,320) or a 7.7\ i ncrea se in number of households) Co l umn (b-2 )(b-3) (b-4 ) i s also prorated 7.7\ increase over 1977 household counts in RHOP. Lines 2 and 3 are omi t ted -there are no public o r private actions expected to displace housing units in the next t hree years. Line 4 \ of Elderly, Small Family and large family as reflected in Table 4a of RHOP (page 14 ). ALL MINORITY HOUSEHOLDS 5 1 3 total household -table 7 page 21 of RHOP, Appendix A x .077 increase to number of 1980 units • 552 Elderly/Small Family/large family are the same proportions used for all households. Proportion of owner to rental housing i s from Table 4a, page 14 RHOP, Appendix A (48\ were owner occupied -52\ were rental units) Line 1 and 5 is prorated in the same proportion applied to all households for Elderly/ small and large families ALL FEMALE HEADED HOUSEHOLDS f rom Table 5 of RHOP Appendix A (page 18) 1248 households x .077 for increase of HH in 1980 Census (estimated) number of HH over 1977 HH • 1,344 48\ owner occupied --645 52 \ renter occupied -699 Li ne 1 anct 5 prorated in the same proportion of Elderly, large and small family a s all households. EXPECTED TO RESIDE Column (b-2) DRCOG formula to find commuters wishing to reside in Englewood -- Table 4 of Appendix B, RHOP is 3,421 (large number is due to Cinderella City employees living outside the City most 'of whom are low income). HUO requires addition of estimated elderly ETR for total. 520 added from list of out-of-town persons on the waiting list for elderly housing (325), out-of-town members of Malley Center (100) and out-of-town participants in Swedish Medical Center Geron- tology program (95) all of whom are considered low income. Columns (b-2) (b-3)(b-4) prorated in the same proportion as rental households (assuming the 520 added elderly to be only a part of elderly ETR. Columns (c-1) Percentage of minority population to population as a whole is assumed to be constant since 1977. Table 6 of Appendix A RHOP (page 20) shows 7.3\ of total population for Spanish surnamed, black and other in Englewood. 33\ of the same group for Arapahoe County as a whole, 18.7\ for the five county area • • I • • • • • TABLE ll-1 HOUSDIG ASSISTANCE NEEDS (continued) Aaalainq the •-proportion of ainority balance would continue in Englewood i f ETR could be provided for 7. 3\ of ETR 3, 941 persona could be expected to be ' ainority or 288. r • Line 5, colu.na (c-2)(c-3)(c-4) is prorated in the .... proportion of Elderly/ small and larc)e faaily as found in all households of renters. ETR are added to Renter Occupied because these people are considered to have lov income --not able to afford higher coat owner housing. -2- • I • • IJ- • ,, • \ • • ,. - ,.. ~r m Approved r-----~~--------------------------------------------------------------------,-------------------------------__ ,.BNo.S J R -1471 U.S . DEI'AATMENT Of HOUSING AND URBAN DEVELOI'MENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN TABLE 11-2 -HOUSING ASSISTANCE NEEDS OF LOWER-INCOME HOUSEHOLDS 1 . NAME OF APPLICANT Ci ty of Englewood 2 . APPLICATION/GRANT NUMBER Bl-1 I 1-1 I 1-1 I 1-1 I I I 3. I'ERIOO OF AI'I'LICABILITY 2 , 4 I • • FROM:Jan. 1, J.981 TO:Dec. 31, 1983 STATUS OF MINORITY HOUSEHOLDS REQUIRING ASSISTANCE ... A. TotdO............,.. .f=-r-'1_:1_# Onnor ............ be 0~ ......... ~~~--......-.,_.., .. , ..... ,.,.,.,....~ a. T .... ...._ ............. ,_,., ....... _., "-II .......... ~ ......... tlwsa--.......... .... ,..,....,,.._, ·' PROVIDE DATA FOR EACH CATEGORY OF MINORITY HOUSEHOLD, AS APPROPRIATE (a.dl _........_, (Cite*_..._, (Cit«<t --·· ,_, I. "--! t . A..-I . Ac>rwd 2. D ...... -......... 2. [X] --·-Hiopenic 2 . D Bleck,-Hlsponlc 3 . 0 Americen 1-or Alllbn Netlw 3. 0 "--eeR lndlen or A'-bn Netiw 3. D "--eeR lndW. or A181bn Nati·: 1 •. ~ ....... •. D Hlopenlc •• D Hls,...UC I. 0 Allen or Pociflc ....,_ I. 0 Allen or Petillc Ill-IL D Ation or Pecmc lllonclor ELDERLY IMALL LAROE ELDERLY ELDERLY (I·:Z fi·:Z IMALL LAROE (I·:Z SMALL LAR G' _, FAMILY FAMILY ,..,._, FAMILY FAMILY _,_, FAMILY FA~li L ".' TOTAL ,., tiS or TOTAL (4"' (SM (fM (5cr --TOTAL -HANOI· -moow HANOI · ---mor.J ~ ~ _,_, __.., HANOI· _,,.,.., pttrSDnJ) CAI'I'ED CAPPED CAP I' ED 11·11 11·21 ,,., lt-41 ... , ... 21 ... 31 C0-41 .... , Cfl -21 Ch·31 lh-41 179 93 57 29 7 4 2 1 179 93 57 29 7 4 2 1 193 73 93 27 8 3 4 1 193 73 93 27 8 3 4 1 HUD· 7012 16-71 • 'lc;._vln • • • • ,. - TABLE 11-2 HOUSING ASSISTANCE NEEDS OF LOWER-INCOME HOUSEHOLDS Table 7 of Appendix A RHOP (page 21) gives n~r of Spanish surnamed house- holda as 345 x .077 for increase to 1980 households 37 179 193 372 -divided 48\ owner/52\ renter as established by AHOP for low income HH. Proportioned .-eng elderly/a-ll and large families as established on Table 11-1 of this application. BLACK LOW-INCOME HOUSEHOLDS 1977 law in~ households were 2,361 for 12,361 total HH. 19\ of all households were law in~. Asau.e 19\ of 77 Black HH -15 and prorate as for Spanish surnamed households. • I • • • • - 0 1471 US. DtP'ARTMEIIIT OF HOUSIIIIG AIIID URIAIII OEVfLOI'MEIIIT 1. NAME OF Al't'LICAIIIT COMMUIIIITY DEVI!LOI'MEIIIT I LOCK GIIAIIIT P'ADGRAM City of Englewood 2. N't'LICATION/GRAIIIT III UMIEA MOUSING AI&IST AIIICE I'UUII TABLE III•THREE YEAR HOUSING PROGRAM •I-I 1-r 1-T I T-T T T I r THREE YEAR GOAL . 3 . P'ERIOO OF Al't'LICAIILITY «IY 4. ~ OAIGI NAL FROM TO 12/31/83 PUNCH 1/1/81 CODE CJ AEVISIOIII, DATE ~-t! CJ AMEIIIDMENT, DATE NU-ER 01' LOWIR·INCOMI HOUIIHOLDI TO IE AAIIiTID ELDERLY TYI'IIAND IOUIICU 01' MOUSING AI&ISTAIIICE (1 ·~~ IMALL LARGE TOTAL 1\NO FAMILY FAMILY HANOI· u .. ,., , .. ,,.,. CAI'PED..Y -OIU) -01111 ,. fbi (cl Ill ., . 1 A. J:::.~~~.:.:c;:::::, .. -'"' -~~ 198 89 77 32 2 1. -Co"lfructioft-tor Haml-•" ,_ofJ-41 3 HUD Aalisted .......... .. Other" 5 2 . Ro.....,h ution --Tor .. ,_ofli-1,1-·1 6 Commu"ity o..et~morot Block Gr8fttl 108 74 17 17 7 HUD Alllntd .......... I Ot._fT Ci tv " Bank Pool Low Int. Loans 90 15 60 15 ( 9 B. TouiGoos lortliiiii"tf~-Tor -fiDY 100% " " " P'erce"t-of H-d Type 10 c . Tot•l Gools or~-or....,.,. 267 102 131 34 (IIUtn of fi-, • 14 ,.. VI 11 1 . Allll_,.,. "-11 .. -.. ,_0,_ 12• 1JJ 12 HUDAudttctPr ...... 13 Ot .. r 14 2. New ..... ut Units fwm of li-15 • rtSI 160 63 77 20 15 HUO Aa;nect ............. 160 63 77 .oiU 16 Ot .. r. 17 3 . Re .. biUtotion of R<"ul Unill 62 24 30 8 filUm of li-rB. 19 • 221 18 Cornmu"i!Y Oewt~t Block Gr.,ll 19 HUD All;ntct Proer-(-of 1-:nJ • <111 20 Subluntlel Re/lebilitMion 21 Section I e.;.,;,. with Mo*me Rehablltution 50 20 24 I 6 22 Other 12 4 f, 23 4. E•isting Rental Units 45 15 24 6 (sum of 1-24 • 211 24 HUO Allinecl PrDJI,..... (-of 1-25 • 261 25 With Repeir 26 WlthoutRepeir 45 15 24 6 27 ·Other" • 28 D. ..:.::"'::'or.=:d~-or _,.DY '~ .. ... " 38 49 13 I .J I I • • 29 E. Tout G-lor HUD Allinld AeiiUI Unillll¥ 100W. .. "' fo P'erce"18!1t of Houlll>old Type 41 45 14 ~-'liAR RA TIVE (A~ItloNI ,_,. N ,_,r Md ldvltily IIIIi_, ,:,~ ~~ 191 ~ 6b - JJ 1. Footnote units to be provided specificelly fg, the hlndlceppad • . 2. Describe the progrems lined under this~- 3 . Describe 1hON ec:ti-_., to fldlltete the a=ompl~t of 1he pis. -CHECK IF APPLIC tl ·;> (;~· ~ ... ·~ '; • 4 L l :.~·i:.·::-• -.. ·.::~.:: ~-.-~·.-.:~ . . "----···· .. ·-·-... -.--. • • • • U.S Dl'AI'ITMlNT 0~ HOUSING A NO U fii 84N DiVILO,.MENT CDMMUNIT Y OIVI Uif'MIN T B LOCK G IIA NT "fiiOGfiiAM .-oua•P.!G AIIJSTMa I'LAA TABLE IV · GIU'IlE"AL LOCATIOC'dS FOR ll't\OPOi£0 HOUSING 3. PERIO D O F API'LICA8 '"OM l /1/81 1. New Conm uction : 55 .53 59 .00 6 6 .01 54.0 3 • • - Di s persed family s i tes throughout Ci ty 2. Rehabili tat ion : Ct.,_ Trec:t or Enumeration District Numbln, or other locational dttignation Six target areas are located in: C.T. 54.03 C.T. 57 C.T. 58 C.T. 60 C.T. 61 C.T. 64 1. New Construction ,• Availability of services and, most important consideration , availability o f vacant land (which is scarce in Englewood) • 2. Flehab iliUlt ion • A study was conducted in January and February of 1979 by the Inspectors of the City Building Department and the Rehabilitation Technician in order to pinpoint ·areas of greatest concentration of substandard units. -... --=-·· .! I I • • • • • ~ U.S DEPARTMENT O f HOUSING 4 NO Ufi i4N OEVELOf'M ENT 1 . N4ME O F 4 PPU CANT CO:.IMUNITY OE VELOPIWIENT I LOCK GRANT PROGR AM City of En glewood 2 . 4PPLICATION/GRAN T NU MBER WOUSili!G 4UIITANCE PLAN 7ASLE V · AII!N UAL H OUSI N G ACT IO N I'ROGRAM aj -l I -I I 1-1 I 1-1 I I I ANNUAL GOAL 10 3 . I'ER IOO OF A,.LICAIILITY 4 . OfUGINAL KEY FROM TO I'UNCH 0 REVIS ION , 04TE . . l/l/81 12/31/81 ~:. CODE 0 E 4MENOMENT, DATE NUMIER OF LOWIII ·INCOMI HOUSEHOLDS TO IE 4SSISTED ELDERLY tM4LL LARGE TYI'U AND SOUIICII OF HOUSING AIIIST4NCE fi.Z-.-1 F4MILY FAMILY TOTAL AND HAND I· ,..,_ rs,.,,..,. CAJII'ED JJ _, ,..,.,.,.,, ,., ,,., lei (til ,., 1 A. Total G-for Houliftt-tor 1-ro lwm of li_:/_11 6 6 23 32 11 2 1 . -Connnoctlen-lor..,_,.,. ,.,.,..,,_,_., 3 HUD-~ 4 o. ... r 5 2 . Rehabili --lon -lor 1-ro (Nmoff-·. 1_., 66 23 32 11 6 eomm .. nlty 0...._..1 llock li ...... .:It> J.l:j J.<! 6 7 HUO All-;,..,_ 8 Other City ' Bank Pool Low Int. Loans 30 5 20 5 C' I. Toul Goel1 ter -int Aello-lor ........ '"'"' •' , .... ro. rJ. ••-:DJ 91 42 37 12 10 1 . Allia,_ for .,_.i,.. ....._,,.,. fwm of littft rr + r 2J 11 HUO Aeliatad Progrems 12 Other• 13 2 . -fllentaiUnl:s (rum ofllttft 14 end IS/ 70 35 26 9 14 HUO Allinod l'rotroml 70 35 26 9 15 Other• 16 3 . Rehabili tation of fllental Unia (rum ofli-r 7, r• end :11/ 17 Commun ity o...l-1 Bloc:k o .... a 11 HUO Alliltai .......... lwm of littft r• + :/01 19 ... ....,tiel Rehebiliution • 20 ' SectiOf' I !a:iatint with Modltrete Ret\militltion 21 Other• 6 2 3 1 22 4 . EK istina Rental Unia INm of u .... ZJ + :111 23 HUO Ao>i ned f'roo rama l::um of /1.131 24 + 251 15 5 8 2 24 II'JitiiR-Ir 25 Witlleut"-ir 15 5 B 2 26 Other• NARRATIVE {Atttt:h ulditiDtli.ll ~t:; if M&tlllaty r.ncl id611tily wldl itMniMxwl) ( · }11 . Footnote '!,ii[is to be provic!Gd 'peci f iW~IIV for the handicapped. -2 . Describe ti'll prC~Q1emslisted undor this cateaorv. 3 . Descri~ thOM actions necasury to focilitate the ;ccomplilhment of the goels. Incremental Yo ar of Sullmit:eion I 1191 Tables I. II and IV of the Three Yur HAP IPP'~ ere 02 03 i nt:o m c~ ·~: ''.r • . . ... -. .. . . : . . . '. ~ ' . . .. .. ~! : : , .. !~ '··: .. .,ni'l (f ';;"r ."''.l ··::•·i' r.t:~rr.inion . ... ---C'~L.U--··-· .. ~. .. . Pre.._-; .~==~~==----------------~ • I I ., I I • • • • .. - CENSUS TRACTS I . • ( • • • • TARGET AREAS C11y ot EngleWOOd ( ( I • • 1979 ENGLEWOOD BULLDING DEPT. SURVEY A-51• • • • • j -~Q .. C 1ty ot Englewood Har-d ae;~~ i . ~~a.- Col .... t-r-""ii=i=i'l==t I . . ( Harch, 1980 A-29 • • ! • • • - !~. r r Form /..;-;u cv:wJ 0''3 ~· ~ ... .o J Rl672 U .S. O!;?.:.R ThiE IIi OF HOUSUiG AIIO URBAN DEVELQ~I.IENT 1. H,!',1 E OF AP?LICANT CQ !,!!.\UNiiY OoYELOPMENT !ILOCK GRANT PROGRAM HOUSING ASSIST AliCE PLAN City of Englewood SMAll CITIES PROGRAU 2. APPLICATION/GRANT IIU1.!3ER SINGLE PURPOSE GRANTS Bj -1 l 1-1 i 1-1 I 1-1 I I I 3. PERIOD OF APPliCAIILiiY '· IX) ORIGINAl 0 REVISION, DAT:l FROlA: JUDe 1, 1979 TO : ilay 31, 1980 D AMENOI.iENT, DATE PART I. HOUSING CONDITIONS AVAilABLE HOUSING TOTAL UNITS OW:IER RENTER .., lbl lei I All Unlll '"''" oft11Jn:ltnd41 13 775 7.902 5.873 2 Su...wd 12 201 6 955 5 246 , Voancy Rete _.75$ 3«1. 1 3$_ ~ ...... ....... 1 .574 ·898 676 S... .. bl.lar Rohobilludon• 1 543 880 663 0 Ro.;ulro4 Oftlr llop~u .. n, propoon co•••. lor '"'rltatudool. PART tl. HOUSING ASSISTANCE NEEQS OF LOWER·INCOME HOUSEHOLDS NUMBER OF HOUSEHOLDS All HOUSEHOLDS ALL MINORITY HOUSEHOLDS TYPE lLOEALY OF IMALL LAIIGE lLOEIILY SUALI. LARGE HOUSEHOLD (1·:1 FAMILY FAMILY (1·2 , ..... LY FAI.CILY prnc ~.,J U01 (So• ptnoml (4 01 (5"' TOTAL .,..~ TOTAL etrll NA"OI· ... -,, .. J mo.-. ,.,._1 ,_.Oftl} HANOI· pm~tll} prucr.rl CAI'i-iD CAPPED lol II> I lei Cell C. I Ill ,,, lh) ' ew ... ,. .S31 257 103 71 24 5 13 --, " Ron ton 2n~A 4SO 1288 270 166 14 __ag h3 ~ IOir:>l«fftl 5 b:>t<l.-::110 520 2839 582 .. - Rn05o 3941 788 103 496 189 6 Toa1 I 6410 l:&:>i 4:t;iU ~2::S 978 I 117 590 211 7 P~r=:-nl I IC•:"o ~~ % ti6 '41 14 "I -t--:·-·:: --==: ;;. i .:.: • ,.. ( r • • • .. DEFINIT IONS : 1. All Units -used 1970 Census and updated with Bu i l ding Pe rmit s through Karch, 1979. 3. v acancy information obtained from March, 1979 postal survey and rent survey conducted by Englewood Planning Department in March, 1979. 4 . Substandard -The City of Englewood Building Division completed a 100$ visual survey in the City in March, 1979. Substandard units were those with one or more o f the following indicators: settlement of chimney, damaged venting, needed replacement of stairs, porches and landing, old siding needing substantial repair or replacement, im- proper drainage from structure, missing windows, settle- ment of structure caused by foundation problems, roof rafter deflection, substantia~ repair needed on roof. Most units surveyed exhibited more than one of the previously stated problems. * Suitable for Rehabilitation -as the City of Englewood is limited in future housing development due to lack of vacant land, and wishes to maintain its primarily single-family r~si~ential housing character, most substandard units are candidates for rehabilitation. Only units that display .very serious foundation problems plus numerous exterior indicators of pOor structural condition were categorized as candidates not suitable for rehabilitation. The housing condition survey conducted by the Building Department in 1979 indicated approximately 98$ of the substandard houses were suitable for rehabilitation. 5. Expected to reside taken from formula used in DRCOG RHOP. This data was used in order to be consistent with the RHOP. Elderly ETR was estimated by adding the number of out-of- town elderly on the EBA waiting list for subsidized housing (325) to the number of out-of-town elderly participating in the Swedish Medical Center's Gerontology Program {95 -as estimated by Cindy Cullen), plus 5~ of the out-of-town members of the Elsie Malley Recreation Center (lOp). • I • • • TYPE AHD SOU11CE OF ASSISTANC E PART Ill. TOTAL • • - ELO(IOL~ 11 ·2 tHINftll ~ HANOI· CA'PlO S"ALL FAMILY 14 01' ltu PtnOIIU PART V. · NARRATIVE (AIIIdlldditionaf lhetts. if 11ppropriotol •s . Oncribo 1111..,.,... ol lllistoncGIIIOC>O<Od ..-lht COflltOtW "Ot.._•-. LA II G£ FAMILY 15 01' mo"' ptnonll PERCENT BY HOUS ING TYPE 2. D•oetibo lilY apoclol houtlnt condltionl Of houal"' aslstancG nHds 1ft the communiay. includ""'' tilt noods olany ldcntllicblo ugmenu ol lht tolll poup ol IOWOt-lncomrhoullholdt; e.g.. mlnorhin. ~ .........._. lltnd"oelfllltd. I 2. Describe lhcsr IC'tioftl tftat the cpplkant wift ta\e 10 lecRt~ell the PIO¥itton of "''""" hoUJing and to ,.,,.;,., fair housing for m inoritift end womm . 0 CHECK IF THE APPLICANt \YISHESTO .REVIEW STATE HFOA HOUSING PROPOSALS • IIU0-7057 16·781 • • • . . • Rehab: Federal fund8 will be used to rehabilitate 29 hoaes in the first year of the prograa. Another 29 hoaes are projected to be rehabilitated with Federal funds the following year. Local aoney will provide tunda for rehab of eight (8) units the first year of operation and eight (8) units the second year. A grant froa the State Division of Housing will en- able allocation of ten (10) loans/grants at $3,500 per case. The 312 Loan Prograa will be investigated for five (4) re- habilitation loans. Efforts will be made to encourage the rehabilitation of renter-occupied units. Existing: The goal for Bxiating Section 8 Housing is confined to smaller units due to the prohibitive rent levels for large faaily units. The vacancy rate is very low; however, experience in operation of Section 8 Existing bas shown that many small families and elderly can be assisted in units they already occupy. ( Other: ( • An obvious goal for a city with high renter need and a very low vacancy rate is new construction. The goal for the con- struction of rental units bas been kept to a ainiaum. The Englewood Housing Authority was awarded 110 public housing units in April, 1979. Staff limitations prohibit the City and Housing Authority froa applying for additional units; however, private developers will be encouraged to build family and large family units. We were advised by the DRCOG staff to use the formula and figures for expected to reside from the RBOP; however, be- cause Euglewood is already impacted with low and moderate income (and noted as such in tbe RBOP) tbe housing goals have net been adjusted. • 0 I • • ( ( • • • 7 RESOLUTION NO. G JVI , SERIES OF 1980 A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1981. WHEREAS, the City Council has, by Resolution No. 47, Series of 1980, amended the 1981 Budget and adopted said amended Budget by Ordinance: and WHEREAS, said City Council has, by Ordinance, passed and approved the 1981 appropriations for all municipal purposes, including annual salaries for Council appointees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the Budget heretofore approved and the appropriations to the general fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1981, to wit: City Manager • Municipal Court Judge Associate Judge $45,900 $35,400 $250.00/day ADOPTED AND APPROVED this 22nd day of December, 1980. Mayor Attest: Ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1980. Gary R. Higbee • I • • • .. RESOLUTION NO. -~:>,,....:.? __ SERIES OF 1980 • • • 1B A RESOLUTION ADOPTING AND APPROVING THE BUDGET FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR 1981. WHEREAS, the Englewood Downtown Development Authority has adopted a proposed budget for 1981; and WHEREAS, the proposed budget has been reviewed according to the administrative review policies of the City of Englewood, Colorado ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That the City Council ~f the City of Englewood, Colorado, hereby approves the proposed budget of the Engle- wood Downtown Development Authority for the fiscal year 1981, attached hereto. ADOPTED AND APPROVED this __ day of -------, 1980. Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer for 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 l980. Gary R. Higbee • I . • • • .. - Englewood Downtown Development Authority • July 3, lt80 3535 South Sherman Street Englewood , Colorado 80110 phone (303) 711-7885 Mr. Andy McCown, City Manager CITV OF ENGLENooo 3400 South !Uati Englewood, Colorado 80110 Dear Andy: The U81 Downtown Develop~~ent Authority budget is hereby pre- sented for consideration. Because of ti .. delays in getting our budget oo..ittee together and their report to the board for approval, there aay be sa.e revisions in certain ite1111. Pinal approval should be at the July 9, regular board ... ting. JTK:eb ·.""'·~ Keller, II • • I • • • • - • DEPARTMENT DOWNTOWN DEVELOPMENT AtmiORITY DIVISION 80-80 ~~.I N::Ut.L ~~ 'lUI' .\I. I arwiT ACCClJNI' AC'ruAL AC'IUA!. BUOOFl' ~:RU 6/1 'ID F.ST. REQ.iES!' FIR...<"''' CI'!"l' ~X). I CIASSIPICATICN 19711 1979 1980 5/31/80 12/31 1980 I 1981 REVIEol ~~01\Gffi \1) {21 ,3) (II)_ (5) (~} <1) li:S) I {9 ! t.~.O) (11;-- ~lXX Salaries l wages 0 8 989 37,725 14,980 l 22,500 3 7,480 I 39,550 l ~:?XX I ~rt ~!me & Overt1rne l ! r~· ?er.s1m ~ Ret1renent 79 1,865 I 410 1 ,380 1,780 I 2,6 30 i .. ;a 1 Inst:ra."lC e I 4 2,000 760 I 1,155 1,915 I J,JB O I 5XX! Other ' : i 'OCJ. i Personal Serv.1ces 119 072 41,590 I 16,150 25,035 41,17 5 I 44,56 0 I i I I ~~I Office ~lies 2 132 4,080 ! 1,590 2,500 4,090 4 140 Oper.Ptlter"1al.S & ~p. 1 151 2 700 : 1 25 0 1,450 <!, /U U 2.700 ~~· ilep. & Mtce. &ipplles 86 0 i 0 100 100 100 I ~: CaJrncdjties 3 369 6,780 1 2,840 4 050 6,890 6.940 I I I I I I ~lXX i Prof. Serv1.ces . . <!,654 57,280 ! 19.310 37,970 I s1,28o 7,490 i ~<'XX I 9:!uc . l Pran. Serv. 2 835 5,063 I 1,200 3 BOO 5,000 . 5 150 ! I ~~~ Corm. • Utllity 1,061 1,680 I 400 1 240 1,680 I 1 740 I l Rentals 3 946 5,460 I 2 275 _l l.UIS s · 460 ! 7,980 I m, Repab-l Mtce. I 61 o · 0 I 100 100 l 100 xx: .tid to Other Agcy: 0 7 000 I 2,000 I 6 OJtil 8,000 2 .000 ! Mise. Expenses 340 1 650 790 860 1 650 1 650 I Contractual SP_rv1ces 10 897 78 133 I 25 975 53 155 79 170 .ll>,llO ~ux! I Lanl ~~ 8.1~ . IDiprowments 56 640 •m Ml.chinery ' F.I:Jdp. 2,863 500 0 500 500 500 jmx Cllp1tal Q.atlay 57,140 • I ~~1tures -36 201 127 003 45,005 82,740 127.735 134 750 ..!!. • -.. t • I • • .. • -~,_ DE PAR J1'1ENT OOWNmiN DEVELOPMENT AtrniORIT'i DIVISION 80-80 CLASSU'ICATION r·mtns 'Elr.ployee Name Ho..lrs (1) (2) Keller 12 Thompson 12 Burger 12 Gran1 Total •Socia}. Security mJ.st be paid on avertine a"Xi longevity. • Pate TIT 2333-33 month 500-oc month 5. 34 hour FUll t !1:-.e Part t!me Over-~v-Social Salary Salary time• itYtl Sec. (II) (5) (b) (7) (ts) 28,000 0 0 0 1860 6000 0 0 400 5,550 0 0 340 I I I --------- 28,000 11,550 0 0 2,600 llXX 12XX 12XX 12XX 13XX F(H4 2 ESTll><A~ CF ~ SElMCFS (lXXX) ~!..~ 1981 • • Total o f Pen-\.fork. une111plc -Columns 4- sion Ins. Canp. .. ent Other 12 (9} (10} {11) {12) (13) (14} 0 142~ 238 85 -31608-00 0 575 12 20 -7007.00 I 0 0 10 1 5 -5 9 15 .00 ! ----------- 44530.00 2,0001 260 120 -: • 13XX 14XX I liiXX 15XX lXXX ; - • • .. DEPARTI'£t1T DOWN'roWN DEVELOPMENT Alrl'HORITY CLASSIFICATIOO Months F\.111 time Part time tD. CF POSITIOOS Hoors Rate Salary Salary (1) {2) {3) _( ll) (5) ! ' I I l llXX I 12XX (15) Justification (Use reverse side 11' necessary). Check one: • FUll Time Park T1me Tanporary Other NO REQUEST • • • 0 • • DIVISION 80-80 Over-I.ongev-Social Pen-Work. time 1ty Sec. s1on Ins. COli>. Other Total C<mnents (6) C{) nn (Q) (10) (11) (12) (13) (lll) I I i 12XX 12XX nxx nxx 14XX: 14XX 1'5XX l.XXX • • • .. - • ,----------------------------------------------------------------------------------------------------1 : - I I I I - • DEPART"'ENT OOWNTOWN DEVELOPMENT AUTHORI'l'\' DIVISION POSrriOO C'J.S S IFICATIOO r A~~lr_ ll1 (2) Grade 3 Secretary 0 Grade 2 I I C1erk-Steno I 1 Each of these are part-time positions 20 Hours per week I I I ruem CF POOmCH:> Bucf;:~ 1~80 AC'l\JAL Tn (4) 1 1 1 1 )lOOM 4 PERSONNEL SCHEruiF. • 80-80 1981 CITY MANAGffi ' RE);.UE...~ F IRST RE' /F.·I F.Ex:CJAMB\DS (')) (6 (7) 1 I I 1 I I 1 I I I I I • rc:r. N:>. (l) 2112 23XX 3191 • ,. DEPARTMENT llONN'1'0WN DEVELOPMENT AU'niORITr AC<DJNI' CLASSIFICATIOO {2) ~ks,Magazines ~epair ' Mainten- ance Other Professional Services Education •Travel C~unication Rent Aid to other agencies IUXlFl' »CREASE RBllF3l' (IE:REASE) (3) lq) 180 +60 100 +100 7490 -49' 790 5150 +90 1740 +60 7980 +2520 2000 -6000 • • - DIVISION 80-80 REASON AND JUSTIFICATION Subscription Rate Increases Not Previously Budgeted Change from independent contractor to salaried employee for J.T. Keller,II. Deletion of architectural appraisal and investigative services. Increase in auto allowance. Increase in phone service. Increase in office rent and change in line ite~ for copy machine rental. Only existing obligation to d .b. a·. budgeted other requests to be considered as made. Fat! s REASON AND JUSTIFICATION rP CX»ml'l'IES (2XXX) AND cafmAC'IUAL SFlNICES (3XXX) RWJES'l'S • • lb) • I n • • .. • 0 DEPARTtENT DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 80-80 ~ 321X 'n'avel • Conference 322X '1\litions & ~ 323X Memberships & n.tes 324X Safety Fducation • FurposeofTr1p Transpcr- an1 Peraa1 Irwolved Destination tat ion I.odg~ Food ~ NO CHANGE IN BUDGET FOR 1981 EXCEPT FOR AU'ro EXPENSE FOR l SE OF EXECUTIVE DIRE f:'roR' S CAR FO STAFF FOR OFFICIAl $110/MONTH 'ro $125 in 1981 " NO CHANGE IN BUDGET FOR 1981 NO CHANGE IN BUDGET FqR 1981 TABU: 6 JUS'l'IFICATIOO <P mJCA'l'ICHAL Atl> PRCM7l'IONAL SEJM:CFS (32XX) • Regis- tration other Tota.: BUSINESS • _ln ..,~ ·In • - • ,. - 0 ' ulVISION • DEPARII"IENT DOWNTOWN DEVELOPMENT AUTHORITY 80 -80 (1) Description or equi pnent or object expen:Uture (2) ExplA.1n necessity for or benefits expected fran this ani quantity: expenii ture. '· NONE ANTICIPATED IN 1981 (3) Total cost of plac~ equipnent (5) Reccmnen:l.a.tion (7) List other equipr.ent, age , or dep:-ec1able status 1n fUll operation: for equipnent of a slmilar nature 1n the departr.lent • displaced, 1f Unit Total any Estimated Costs Cost Cost Purchase Price trnstall. Costs lrorAL l-ess Trade-in rrorAL NEr COST (8) Purchasing Agent's Catrnent (if iten is $1,000 or more): (ll) Is expenditure necessitated by (6) Approximate Signature increase of personnel quota 1n date to be your deparbnent? purchased: (9) First review: • 0 Yes D No D Approved D Not Approved • • (10) City Manager recarmenis: .. D Approved 0 01sapproved POPM 7 ~ ~ CAPrrAL aJTLAY (4XXX) • • • • • . . • 1981 7/3/80 E.D.D.A. PAGE 1 BUDGET EXPENDITURES OBJECT 1XXX PERSONNEL SERVICES 11XX FULL TIME SALARIES 111X SALARIES JAMES T. KELLER,II Chris Thompson Emily Burger 12 Mo.@ 2333.33/Mo. $28,000 12 Mo.@ 500.00/Mo.$6,000 12 Mo.@ 462.50/Mo. ~ 11,550 llXX 12XX OTHER SALARIES & WAGES 121X PART TIME SALARIES 1211 PART TIME SALARIES 13XX PENSION & RETIREMENT 131X SOCIAL SECURITY 1311 SOCIAL SECURITY 39,550 x .0665 14XX INSURANCE 141X HEALTH & LIFE INSURANCE 1411 HEALTH & LIFE INSURANCE 2,000 142X WORKMEN'S COMPENSATION 11,550 X .0019• 22 1421 .WORKMEN'S COMPENSATION 28~000 x .0085•..11!_ 260 144X DISABILITY INSURANCE INCLUDED IN HEALTH & LIFE 146X UNEMPLOYMENT INSURANCE 39,550 X .• 003 1461 UNEMPLOYMENT INSURANCE ___!1Q 14XX ~ $39,550 $ 2, 630 $2,380 I • • • • • 7/3/80 E. D. D. A PACE 2 BUDGET EXPENDITU RES JECT 2X XX COMI«>DITIES 21XX OFP'IC E SUP PLIES 211X OFF ICE SUPPLIES 21 11 GENERAL OFFICE SUPPLIES 100x1 2 $1,20 0 211 2 BOOKS & MAGAZINES 15 Mo X 12 180 211 3 POSTAGE 50 x 12 6 00 2114 PAPER-cOPY MACHINE 25 mo. x 1 2 300 212X PRINTING 2121 INSIDE PRINTING 5 x 12 60 2122 OUTSIDE PRINTING 150 Mo X 12 1,800 21XX TOTAL $4,140 225X FOOD 2251 FOOD (ALL EXCEPT TRAVEL & CONFERENCE) 150 Mo.x 12 $1,800 227X MISCELLANEOUS SUPPLIES 2275 FILM 10 X 12 Mo. 120 2276 MAP PRINTS 5 X 12 Mo. 60 2277 DRAFTING SUPPLIES10 X 12 Mo. 120 2279 OTHER MISC. SUPPLIES SOx 12Mo. ~ 22XX ~ $2,700 23XX REPAIR AND MAINTENANCE SUPPLIES $100 3XXX CONTRACTURAL SERVICES 31XX PROFESSIONAL SERVICES 311X ACCOUNTING SERVICES 3111 AUDITING $ 500 3113 COUNTY COLLECTION FEES 1,950 312X LEGAL SERVICES 3121 LEGAL SERVICES 3,300 313X DATA PROCESSING SERVICES 3131 DATA PROCESSING SERVICES 20x1 2Mo. 240 316X TECHNICAL SERVICES 3169 TECHNICAL SERVICES 500 3l9X OTHER PROFESSIONAL SERVICES I 3199 OTHER PROFESSIONAL SERVICES 1,000 • • 31XX TOTAL $7,490 • • • • • . 7/3/80 E. D. D. A PAGE 3 BUDGET EXPENDITURES OBJECT lXXX 32XX EDUCATIONAL, TRAVEL & PROMOTIONAL SERVICES 321X TRAVEL AND CONFEREIICE 3211 TRAVEL & OONPERENCE(INCLUDES MEALS) $1,800 3212 REGISTRATION 750 3213 MILEAGE 12-a. @ 125 1,500 l22X TUITION & TRAINING 3221 TUITION AND TRAINING 500 323X MEMBERSHIPS & DUES 3231 MEMBERSHIPS & DUES ~ 32XX 'roTAL $5,150 llXX COMMUNICATIONS & UTILITY 331X ADVERTISING 3311 ADVERTISING LEGAL 25 X 12 Mo. 300 ,t ( 3l2X TELEPHONE 3321 TELEPHONE 120 X 12 Mo. 1,440 33XX roTAL $1,740 l4XX ~TALS 342X BUILDING RENTAL 455 X 5 Mo. 3421 BUILDING RENTAL 515 X 7 Mo . $5,880 lUX OFFICE EQUIPMENT RENTAL (. 3441 OFFICE EQUIPMENT RENTAL COPY MACHINE 175 Mo x 12 2,100 34XX roTAL $7,980 35XX OFFICE EQUIPMENT, REPAIR $100 36XX AID ro O'n!ER AGENCIES & PROGRAMS 365X O'mER AIDS TO OTHER AGENCIES AND PROGRAMS • 3651 d .b .a./EHGLEWOOD 500 x 4 Mo. $2,000 I $2,000 • • 36XX roTAL • • • - • . . • 7/J/80 E.D.D.A PAGE 4 BUDGET IKPEMDITURBS OBJECT 3XXX 37XX MISCELLANEOUS EXPENSES 376X INSURANCE 3761 INSURANCE, OPPICE EQUIPMENT ' BOARD LIABILITY $1,000 377X LEGAL FEES 3 771 RECORDING ~ REPORTING FEES, ASSESSORS OFFICE 50 379X O'niER MISCELLANEOUS EXPENSES 3779 OTHER MISC. EXPENSES 50 x 12 Mo. 37XX $ 1,640 43XX IMP.,VEMENTS $56,640 44XX MACHINERY ' EQUIPMENT 442X OFFICE EQUIPMENT, FURNISHINGS ' FIXTURES 4423 OTHER OFFICE EQUIPMENT, FURNISHINGS AND FIXTURES 500 44XX $ 500 TOTAL $134,750 I • • • • ( • 7/3/80 OBJECT • • • E .O.O.A. BUDGET REVENUES 61XX TAXES 611X GENERAL PROPERTY TAXES 6111 GENERAL PROPERTY TAXES 612X SPECIFIC OWNERSHIP TAXES 6121 SPECIFIC OWNERSHIP TAX ES 616X OTHER TAXES 6161 PENALTIES ' INTEREST ON DELINQ UE NT TAXES 68XX MISCELLANEOUS REVENUES 68XX 681X INTEREST EARNINGS 6812 EARNINGS ON DEPOSITS 689X MISCELLANEOUS TOTAL 6891 OTHER MISCELLANEOUS REVENUE REIMBURSEMENT -MISCELLANEOUS BOARD LUNCHES FOOTNOTE TO 1981 BUDGET CARRY OVER FROM 1979 ESTIMATED REVENUES BUDGET EXPENDITURES UNALLOCATED FUNDS $103,135 134.7-50 $237,885 134.750 103,135 • PAGE 5 $118,900 10,000 100 5,000 $134,750 I • • ( I ( • • • • IN THE DISTRICT COURT IN A FOR THE COUNTY OF ARA PAllO! AND STATE OF COLORADO Civil Action No. 39676, Div. J AY-JAY, LTD ., a Colorado l~mited partrerahip, Plaintiff, va. NELSON ENTERPRISES, INC. , a Colorado corporation: K. WAYNE) NELSON and DOROTHY L. NELSON : ) and CITY OF ENGLEWOOD, ) PLAINTIFF'S PRE-TRIAL STATEMENT ) De fendanta. ) MOTIONS There are two motiona to be hear~~ Motion For Summary J udgment ot Nelson Enterprisea . Inc., K. Wayne Nelaon and Dorothy L. Nelaon, Defendanta, and Motion To Diamiea ot Defendenta, City of Englewood. STATEMENT OF FACTS That the Plaintiff entered into agreement for purehaae of trailer park known aa "Oaais North" at 2975 South Santa Fe, Englewood, Colorado on October 16, 1973 and cloaing waa on or about November 30, 1973 w1t h the Defendants, Nelson Ent erpriaea, Inc .• K. Wa yne Nelson and Dorothy L. Nelson. The said Defendants covenant and agree tha t they will correct al l violationa of City of Englewood electrical, plumbing and building codea a nd furthe r c ovena nt and agree that there a re no vio lat ion• of City of Englewood's Plumbing, electrical and building codes. The Pla i ntiff's state they breached said agreement and that the defecta were never corrected. That the said Defendanta knew or • • ! f. I . , .. , 1 t • f . ,1 ':! ; ·;,•• ,. I 1, ..... ' .;_ '·'I . ','t . . .. ,,. .: · .... , 'f .. ·~. .. ~ . ... ' ; I • • ( I ( • • • ,. • ahoul4 have known thlt said d efecta were never corrected. That t he Defendant, C1ty of Englewood o n June 10 . 1974 iaa ued a Certif1cate of Oecupaney by their agenta negl i gently and aa proxiNAte reault ot their negligence, the Plaintiff autfered damagea. The Pla intiff auttered da .. gea in the amount of$ l50,000 .0 J •• reault of Defendante. The Defendant, City of Englewood deniaa liability gan- era lly and alao baaed on Section 24-10 -106 C.R.S. 1973. They further ad~it i aa uance of Certificate of Oecupancy and iaau- ance of lettera a ince 1974 of violationa of plumbing, elect- r1cal and building ordinancea. The Defandanta, Nelaon Enterpriaea, Inc., x. Wayne Nelaon and Dorothy L. Nelaon -ke general denial and further they elaia U.y c orrected and repaired all deficienciea. That property waa purchaaed "aa ia." They further raise defenaea of waiver , lachea, deterioration on part of plaintiff, failure to ~itigate, waate. atatuta of limitationa, and negligence on part of Plaintifta. WITNESSES OF PLAINTIF[ 1. Ji• Croaa -limited partner and Preaident of the General partner of Plaintiff. 2 . K. Wa y ne Nelaon a nd Dorothy Nelson for cross-examination. 3. Susan M. Schne1der . for croaa-exa minat i on . 4 . Lyman H. Bittner, for cross-examination. 5. Malcolm Murray, Jr., f or cross-examination . 6 . Gary A. Pittman. fo r cross-exami nation . 7 . Mr. 'Gene Benetti, fo r croaa-examinat ion .. 8 , David Oyens, for cross-examination . 9. Allan Dreher, for cross-examination. 10 . Francia Chaput, for cross-examination. 11. All witne sses of Defendant& for croaa-examination. -2- , I . ,. ! j •• ,·~ I • • ~ • n ·i • I • • • • .. • EXHlPITS OP PtAlNTtfF A . Agree~ent of Purcha se dated 10-16-73 . P . Addend um to Agree.ent dated 1 0 -16-7 3. C . Letter of November 30, 197 3 and attached Ex hi b 1ta . D. Letter of June 10, 1974, letter addreaaed to Wayne Nelaon c/o hi• attorney. Mr. Douglas IIUtt. E. Letter from City of Englewood dated 1-12-7 8. r. Letter from Ci t y of Enql-ood datell 1-ll-78. G. Certified letter to City of Englewood dated 3-30-78. H. All recorll of Ci t y of Englewood r elat1 ng to "Oasis North " a t 2975 South Santa Pe, Englewood, Colorado . I. All r eorda of checks and b i lla paid by Defendants , Nelaou Enterpria es, Inc;, K. Wayna Nelaon and Dorothy L. Nelson . J. Eat i mataa aa to b ring i ng the "OIIaia North " up to applicable codea aa of June 10, 1974. ~-Recorda of Plaintiff •• to llamagea. L. Letter dated 5-31-78 from Moulton Clai• Service to renew inaurance, Ci t y of Englewood, inau red by Commercial Union Assurance Company. M. Letter to tenants 3-19-79. N. Letter to City of Englewood 3-19-79. o. Ap p l icable Codes , City, county and State. Names o f any add itional w itnesses or addit i onal Exhibit• shal l be furnished all opposing counsel not leas than 10 daya p r ior to tr i al. 1 . Was the "Qasis North" a t 2 97 5 So. Santa Fe , Eng lewood, Colora do bu ilt a ccording to the p lumbi ng, ele ctrical, building and all other appl ica ble ordina nces o f the C~ty of Englewood? County o f Arapa hoe a nd Sta tute s of State of Colorallo. 2. Were the Defendan t s, Ne lson Enterprieea. Inc., K. Wayne -3- • ,<" !> ' . i ., . ..:,-. ... , .. , . . ..• -.. ·~ ,(' •! ,;< '• , .. ,. ~r ! ~ . . ,. I • • n -t ., / • '· I • • .. • Nelaon and Dorothy Helaon awa re of diacrepenciea or ahould they have been aware ? 3. ••• the City of En9lewwod n89l i 9ent in the iae uanca of Certif1cate of Occupancy on June 10, 1974? 4. Are the clai .. of Plaintiff ~rred by U..Unity of City of Zft9lewood? 5. Are the clei .. of Plaintiff ~rred by Statute of Liaitatione, waiver, lachee, failure to miti98te, waete and ne9li9ence on the part of the Plaintiff? /- Trial to Court Pebruary 9, 1981 throu9h to 13th. -4- Denve~, Colorado 839-5395 • I I'· j ·.! ;. . . . ... •.' I • • ~In I • " .. ., I • • • • IN THE DISTRICT COURT I AND FOR THE , COUNTY OF ARAP AH OE AND STATE OF COLORADO Civil A ct~on No. 39676, D~v . JAY-JAY, LTD., a Colorado limited partnership, Plal.n tiff, VB . NELSON ENTERPRISES , INC., a Co lorado corporat1on ; K. WAYNE NELSON and DOROT HY L. NELSO N; and CITY OF ENGLEWOOD, Defendants . STATEMENT OF FAC TS P RETR IAL STATEMENT The pla~ntiff filed suit against Nel sons and City of Englewood aris ing from purchase of Oasis North Trailer Park at 2973 South Santa Fe Drive in the City of Englewood. Th e c la im against the City of Englewood is ba sed on negligent inspection and issuance of a Certificate of Occupancy. On or about June, 1 974, at the request of the Nelsons, the City did conduc t an inspection of the trailer park, did issue notices to the Nelsons conce rning certain life-safety defects, i.e., defects which relate to electric , mechanical and structural items tha t pose iminent phy s ical harm to human inhab itants, and other defects related to minimum housing requirements. Repairs were made and ultimate ly a Certificate of Occupancy was issued for the trailer court . At al l times dur ing the existence of the Oasis North Trailer Court , including before and after the Certificate of Occ upancy, there we r e numerous Bui l ding Code violation s at said trailer park. Nume rous "bootlegged" r epairs h ad been done, that is , repairs without permit a nd i n viola tion of the applicable Englewood Codes and without inspection. • f " I· '• '' ·.!'. 'r :, :'\ I •' ·-~ . '• . .,., .. ·' I • • I • • • • ISSUES OF FACT 1. Were the repai r • r equired by the C>ty of Englewood in 1974 ever co~~let ed ? 2. Has the pla>ntiff fa led to prope rly sup rvia c t he Oa sis North Tra >le r Park? 3. Has the p laint i ff fa>led to properly maintain the Oasia No rth Tra i ler Park? 4 . Haa the plaintiff v>olated the Englewood Minimum Hous Lng Code--Mobi le Home Parks section? 5. Has the plaintiff violated t he 1968 National El ectric Code? Code? 6. Has the plainti ff violated t he 1973 Uni form Pl umbing 7. Ha s the p l aintiff viol ated the Trailer Parka Code of the City of Englewood? 8. Was th e City of Englewood negl >gent in ita inspection of the Oaaia North Trailer Park? 9, Was the alleged negligen ce of t he City the proximate c ause of the plaintiff's in j uries, dama9es, or loaaea? 10 . What are the plainti ff's injuries, damages or losses? 11. What are the specific instances of negligence for which the plaintiff claims r elief? ISSUES OF LAW 1 . The injury a nd damage a llegedly sust~i ned by the p laintiff he r ein a r e the s o le and p roximate result of the plain- t i ff 's own contributory negligence. 2. The negligence of the plaintiff herein was eq ual to or greater than the alleged negl>gence of this defendant, wh ich negligence the City expre ssly denies, therefore, the recovery so ug ht here i n mu s t be eliminated or proportionately reduc ed on a comp arative ba s~s in a cco rdance with the law. -2- ' I I , ,. #,:-~ • "".; •.,t ,,. ~ ...... : .·:... " ..... .J. 4 •• li '' I • • ~ I / • I < • • .. • 3. The injur~es and d ma gea allegedly auata1ned by the · p laint~ff here ~n are t he sole and pro x i~~t• resu lt of the a ction ot th1rd pe r sons other t han thia d efendant ana over whom lhia d f endan t e xerc ise s no contro l. 4. Th e pla 1ntiff has fa1led t o aitiqat e d~qes a s i a requ1red by l aw. 5 . The plaintiff's claim is barred by the Di ctr1ne of So vereign Immunity. 6. The p l ain t iff has, in undertaking operation o f Oa sis No rth Trailer Park, assume d the rio k o f the alleged d amagea suffe red as a result of wear and tear and obso lescence of these i mprovement s. 7. The plaintiff has failed to state a c laim for which relief i a granted. 8. The City is not req u ired to issue a Certificate of Oc cupancy fo r Mobile Home Parka . 9. The plaintiff has waived right to rely o n the is sued Cer tificate of Occupancy. 10. Are the alleged injuries, damages and losses suffered by the plaintiff compensable under law? 11. What liability do Nelson Enterprises, Inc ., K. Wa yne Nelson and Dorothy L. Nelson owe to the plaintiff? 12. Has the plaintiff exhausted its administrative remedy by appeal to the Board of Ad j ustment and Review? PE ND ING MOTIO NS l. Defendants Nelsons ' Moti on for Summary Judgme nt. 2. Defendant City of Englewood's Motion to Dismiss. I DISCOVE RY Discove ry is not complete. Defendant City of Englewo od seeks to depose: 1) Princ i pals of J a y-Jay, Ltd. 2) Jim Cross of Jay-Jay, Ltd. -3- • ,···.'~ ~ . ~- I • • .• c;._·~Jn • • • I • • .. - 4 ) Other poaaible itneaaea not heretofor ~dent1tied to Defe ndant C1 ty b y the p1a>nti!f or Defendant• N laon. Defendant C1 ty o ! Z:ng1e d aeeka productlon of doc nts and answer to l.n ~erroq•toriea o be d livered to the plain t!f and Defendanta Nelaon 1n •pproxlmately one week f r o date of p r etrial. Oiacov ry a expected to be completed prior to cr1al. EXH IBITS 1. Memo to John Butts from James L. Supinger da ted Novembe r 23, 1970. 2 . Letter from the tenants of Oasis T r ailer P ark North And Sout h to Whom It ~~y Concern r ~ceived by Department of Community Development February 9, 1972. J. Ho using Code checklist dated October 10, 1 972 Oasis Trailer Court. 4 . Letter t o Wa yne Nelson En t erpr~ses , Inc. d ated October 16, 1972 from Lyman H. Bittner. 5. Letter to Wayne Nelson En terpr ises dated November 8, 1973 from Alan Dreher . 6 . Letter from Lyman Bi ttner to Douglas Nutt , Attorney at Law, dated November 14, 1973 with note dated December 6, 1973. 7. Letter of June 10, 1974 from Lyman Bittner to K . Wayn e Nel son. B. Letter from Mack Murry to a l l trai ler court owners within the City of Englewood dated Augus t 4, 19?5 • 9. Letter from Mack Murry to Jim Cross, Tom Watk i ns of Jay-Ja y, Ltd . dated October 2, 1 975. 10. Letter from Mack Murry to Jay-Jay, Ltd., attention Jim Cross and Tom Watkins, dated December 17, 1975. 11. Notice of Violation dated Janua ry 14, 1976 t o Jim Cross, Tom Watkins, Jay-Jay, Ltd . given by Lyman Bittner. 12. Notice of Viol atio n dated Dece mb er 13, 1976 to Jay-Jay , Ltd ., attent~on Jim Cross and Tom Watkins , by Lyman Bittner and Notice to Ke ep Out. -4- • . ~· I. .. ·l ., -t.i t ·, •.. :.r ~.,: I ' •• ... .. r \· ~- .• ': . ·. .. ••. '<' I ' j· I • • <' ., ' I • • • .. - ll. ot>ce C V>olat>on dat~d May 16, 197 7 to Jay-Jay, Ltd., J~m Cross and To Watk1na by Ly~ n Bi tner. 14. Not~ce of V>o1ation dated December 7, 1917 to Jay- Jay, Ltd., J~ Croaa and Tom Watkins by Lyman Bittner 15. Letter from Susie Schne>dor to Jay-Jay, L d. dated January 12, 1979. Le ter from Mack Murry to Jay-Jay, Ltd. dated January ll, 1979. 17. Memo to Gary P>ttman from Sus1e Schneider dated March 22 , 1979. 19. M mo from Susie Schneider to Gary Pittman dated Apnl 3, 1978. 19 . Lett~r from Gary Pittman to J a y -Jay , Ltd . dated July 11, 1 978. 20. Lett e r from Rober t T. Bowland of Tri-county Health to J ay-Jay, Ltd. dated November 2, 1977. 21. Letter from Robert T. Bowland to Tri-Coun ty Heal th to Jay-Jay, Ltd . dated December 14, 19 77 . 22. Electrical Permi t 1 55 96 . 23. Electrical Permit 15894 24. Mechanical Permi t 11285 25. 2 6. 27. 2 8 . 2 9. 30 . 31. 32. 3 3. 3 4 . Plumb i ng Permit 11713 Mi scellaneous Building Miscellaneous Building Mi s cellaneous Building Misce llaneo us Build>ng Mi s ce l laneous Building Mi see llaneous Building Plumb ing Permit I784P Plumbing Permit 17 86P Plumbing Permit f805P 35. Plumbing Permit '795P Permi t Pe:rn~it Permit Permi t Perrait Permit I 8854M I8657M I8006M f8502M I94 65M *7800M 36. Miscel laneous Permit -fence 2 9 87M 37. Electrical Permit IE6 9 38. Correction Not ices dated 6/13/80; 7/2 8 /7 __ ; August 18 , 1977; Ma r ch 22, 1 977, February 3, 1975 ; May 2, 197 3; August 18 , 1977 . -s- • . . . . , .. I I ; . ! . ~ .. ~ • l .' ,;.J ·!4 . ' • .,. f . r ·; . . i I • • ' I • • • • 3L MJ.acellaneous notes concern1 n9 Oaais Nortt •. 4 0. Plo t Plan dated 10-20-70 . 4 1 . Memo from Mal Atk~ns to Gary P~ttmAn dated November 7, 1980. 42 . 1968 Nat~o na l El e ct r~c Cod . 43. Den ve r Plumbing Code. 44. 1973 Un iform Plumb1ng Code. 45 . M1n imurn Housing Code -Mobi le Home Parks sect1on. 56 . Tra1ler Pa rks Code of t he C1ty of Englewood. WITNESSES 1 . Norm Harness, Harne ss Elect r ic 42 35 South Huron , Englewood , CO 80110 2. Gary Pittman, Chief Bu ild i ng Inspec tor City of Englewood 3400 South Elati , Englewood, CO 8011 0 3. Earl McNerny, State Electrical Board 13 90 Logan , Denver, CO 8 02 03 4 . Tom Watkins , Jay-Jay, Ltd. P.O. Box 21053, Denver , CO 80221 5 . Poster Wills, Plumbing/Mechanical Inspector City o f Englewood 3400 South Elati, En g lewood, CO 8011 0 6 . J ohn Butts, Plumbing/Me c han ical Inspector (Retired) City of Englewood 1600 Sable 1176, Auror a , CO 80 011 7 . Wa yne Nel son, Nelson Enterprises 3 3 33 S . Bannock, Engl ewood, CO 8 0110 8 . D1ck Hubbard, Harness Electric 4 325 South Hu ron, Engl ewood , CO 80110 9. Mal Atk ins , Electrical Inspector Ci t y of Englewood 34 00 So uth Elati, Englewood, CO 80110 10. Jim Cro ss, Jay-Jay , Ltd. P .O. Box 21053 , De nver, co 80221 11. David Dyc u s 3223 'South Santa Fe Drive flO, Englewood, co 80110 1 2. Lyman H. Bittner, Code Enforcement Officer (Retired) City of Englewood 607 We s t Dartmouth Ave., Englewood, CO 80110 -6- / • ..!\ .: ... .. t .:.: -:. ' . • I • • I • • • .. • 1 J. Suslt" Schnc1dcr, Cod £nf r ~ lt'lt Offl.t.'er Cl'Y of ~n~l wood 3400 South Elatl, Englewood, CO 0110 1 4 . Robert T. wl ~n d, Tr1-County Health 48 S7 South Bro~dw~y , Englewood, CO 80110 TRIAL DATil Tr1.al 1s to the Court commencin a 9:00A.M. the 9th day o ! February, 1981 and cont1nu1n g through the 13th day of February , 1981. ( -7- ~,.,.-.~·-7. ... -------·~---·--. \_-"'-------- Rlck DeWitt 44 795 Actin g City Attorney for Defe ndant Ci t y o f ~ng 1 ewoo d 3 4 00 South E1ati Englewood, CO 80110 761-11 4 0 I • • .. • I • • • • • IN TilE DI STPICT COURT IN A!lO l"'R TilE COUNTY OF ARAPAHOE A!lO STATE OP COLORADO Civ>l Action No. 39676 , Div. JAY-JAY, LTD,, a Colorado l~m1ted pArtre rahip, Plaintiff, vs. NELSON ENTERPRISES, INC., a Colorado corporation: K. WAYNE ) NELSON and DOROTHY L. NELSON : ) and CITY OF ENGLEWOOD, ) PLA INTIFF 'S PRE-TRIAL STATEMENT J Defendants. J MOTIO!!S There are two motions to be hear~ ~ Motion For S uRnery Jud~nt of Nelaon Enterpriaea, Inc,, K. Wayne Mel e on and Dorothy L. Nelaon, Defendanta , a nd Motion To Diamiaa of De fendanta , City of Englewood • STATEMENT OF FA£!§ That the Plaintiff entered into agreement for purchaae of trailer PAr k known as "O.aia North" at 2975 South Santa Pe, Englewood, Co lorado on October 16, 1973 and cloa i n g waa on or about November 30, 1973 with the Defendants, Nelson Enterpr1aea, Inc., K~ Wayne Nel son a n d Dorothy L. Nelson. The e a id Defendants covenant a nd agree tha t they will co rre c t all violations of Ci ty of Eng lewood elec trical, plumbing and building codes and further cov enant and agree that there ar e no violations of Ci t y of En g lewood's ptumbing , electr ica l and bu ild 1ng codes. The Pla intiff 's state they breached said agreement and that the d e f ecta were neve r corrected. That the aaid Defendanta knew or • • l I t· .. ... ,,. ). f t • f . ~·· . . ~ i ~ l·-; ··,·f I ~ I . \\ I ' . .. .. · ~ ~ -~Jr~~ .-, ,.u ~ ·J . ,: '\~~·' ~· ·,' ) ;# •.; ... ; • I • • ,)\ .. I • • • • ahould have known t~t aaid defecta were never c orr ected . That the De fe nd a n t, Ci t y of Eng lewood on June 10 , 1974 i •o ued a Certif>cate of Occupancy by their a gan to negligently and a• proximate reoult of the1 r naqligence, the Pla inti ff •uttered damage•. The Plaintiff •uttered damage• in he amount o f $ l50,000.0 J a• ra•ult of Defendant•. The Defendant, City of Englewood denie• liability gen- erally and al•o b11ed on Section 24 -10-106 C.R.S. 1973. Thay f u rther admit i••uance of Certificate of Occu pancy and i••u- ance of lettere Iince 1974 of violation• of plumbing , elect- r1ca1 and building ordinance•. and Dorothy L. Nellon make general denial and further they claw U.y corrected and repaired all deficiencie•. That property wa• purchaaed "aa ia." They further raiae defenaea of waiver , lachel, deterioration on part of plaintiff, failure to mitigate, waate, atatute of limitationa, and negligence on part of Plaintiffl. WITNE§SES OF PLAINTIFF 1. Jim Cro•• -limited partner and Pre1ident of the General partner of Plaintiff. 2. K. Wayne Nel aon and Do rothy Nelao~ for croaa-exami nation. 3. Susan M. Schne 1der, for cross-examination . 4 . Lyman H. Bittner, for crosa-examlnatiOn . 5 . Mo lcolm Murray, J r., fo r cross-examination . 6. Gar y A. Pittman, f or crosa-exam1n a tion. 7. Mr. 'Gene Benetti , for croaa-exam i nation. 8 . Da v id Oyens, for cross-examinat~on . 9. Allan Dreher, for cross-examinati on . 10. Francia Ch aput, for cross-examinat ion. 11. All wi tnesses of Defendants for croa•-exam ination . -2- • I • • •I I • • • ,. - --=--=--'""""'"'---- EXHIBITS OP PLA INTIFF A. Agre e men t of Pu r chaae d a ted 1 0-1 6-73 . B. Addend um to Ag r e e men t dated 1 0 -16-73. c . Le t ter of NOv e mbe r 30 , 1973 and attach ed Ex hi b i te . D. Letter of June 1 0 , 1974, letter addressed to Wayne Nelaon c/o hie .. tto r n ey r Mr. Douglae lll\.ltt . E . Le tter from Ci ty of Englewood dated 1 -12-78. f'. Le tter from City o f Englewo od dated 1-13-78. Cer tified letter to City of Englewood dated 3-30-78. G. H. Al l r e cord of City o f Englewood relating to "Oae i s NO r t h " a 29 7 5 South Santa Pe, Englewood, Co l ora d o. I. All reorde of checko a nd b1lla paid by Defenda n t a , Nelaon Enterpriaes, Inc~, K. Wayne Nelson and Dorothy L . Nelson. J, !o t '--tea aa to bri nging the "OIIaia North " u p to appl i cable codea aa of June 10, 1974. K. Recorda of Plainti ff aa to demagea . L. Letter dated 5-31 -78 from Moulton Cla im Ser vice to renew ineurance , C1 t y of Englewood, ine ured by comme r c 1al Un i on Assurance Company. M. Let ter to tenanta 3-19-7 9. N. Letter to City of Eng l ewood 3-19-7 9. o . Appli c a b le Codes, City , County e nd State. Names o f a ny a ddi t 1onal Wl tne e sea or additional Exh i bits shal l be furni shed all oppos 1ng counsel not lese than 10 daya pr i or to t r 1.a l. 1 . Was t h e "Oas i s North " a t 297 5 S o. Santa Fe, Eng l ewood, Colo rad o b u 1lt acc o rdi ng t o t he p lumbing , e l ectrical, building and all o t h er applicable ordinances of the C ~ty of Englewood? Coun t y o f Ar apahoe a nd Statutes o f S tate of Co l orado. 2 . We re t he De f e ndan t s, Nelson Enterprises, Inc., K. Wa yne -3- -------. j. .·· . .. ,. .. \l,· "'~ '\< .· \1 . 'r,j .;. --) ~ . . . :i . - .' I I • • -r I / I • • • Helaon and Dorothy Nelaon aware of diec repen ciea or •hould they have been awa re? l. Wae the City of Englewwod negligent in t he 111uance ot Certificate of Occupa ncy on June 10, 1974? 4. Are the claLae of Plaintiff barred by iaeunity of City of Englewood? 5 . Are the clai .. of Plainti ff barred b y Statute of Limitation e, wa iver , lacheo, fa i lure to •itigate, waete and negligence on the part o f t he Plaintiff? Trial to Court February 9, 1981 through to 13th. -4- Denve~. Colorado 839-5395 "t~ . .. " ~:J.: . ·' .. I ' '~ ..... . ·I" ...... ~~ ..... : ..• r, '* .. ~ . ~ ,. -l ... \-~··*._., ' .... ~ ·,. ~,. ,·,1 i ,: -~~:~··>.i \ :· ,: 4 .• ,':>·,:;, I • • • . I I • '.' • • ,. - IN THE DISTRICT COURT IN AtiO PvR THE COUJnY OF ARAPAHOE AND STATE: OP COLORADO Civi l Action No. 39676. Div. 2 J AY-JAY. LTD .• a Colorado l>mited partrerahip, Plaintiff, va. NELSON ENTERPRISES, I NC,, a Colorado corporation : K, WAYNE ) NELSON and DORC1l'IIY L. IIELSON : ) and CITY OP ENGLEWOOD, ) PLAINTIPP' 'S PRE-TRIA L STAT!:M!:NT ) De fendanta. ) MOT I OilS There are two motiona to be hear~ ~ Motion For Summery Ju d~nt of Melson Enterprises, Inc., K. wayne Nelson and Dorothy L. Nelson, Oefendanta, end Motion To Diamiaa of Defendants, City of Englewood. STATEM!:NT OF FACTS That the Plaintiff entered into agreement for purchase of trailer park known aa "O.aia North" at 2975 South Santa Fe, Englewood, Colorado on October 16, 1973 and cloaing waa on or about November 30, 1973 with the Defendants, Nelson Enterprises, Inc., K. Wayne Nelson and Dorothy L. Nelson. The aaid Defendants covenant and agree that they will c o rrect al l violations of City of Englewood electrical, plumbing and build ing codes a nd further covenant and agree that there ar e no violationa of City of Englewood's p~umbing, electrica l and building codes. The Pla in tiff 's state they breached said agreement and that the d efecta were never corrected . That the aaid Defendanta knew or • I r· -· ,,. ,· ,, . '· -;, t • t ; ·' I • • ... .. I / • • • - ahou ld have known that aa1d dafecta were never corrected. Tha the Oefen~n t , C1 t y of englewood on June 10, 1974 iss ued a Cer tif1cete of Oc cu~ncy by t h e 1r agen ta negl i gently and •• prox1mate reault of the1r negligence, the Plaintiff aut!ered damagea . The Plaintiff auffered damagea in t he amount of$ 150,000.0~ •• reeult of Oefendante. The Defendant, City o f englewood den i e e liability gen - era lly and &leo baaed on Sec tion 24-10-106 C.R.S. 1973 . They further admit i eeuance of Certificate of Occu~ncy a nd iaeu- &nee of le ttere eince 1974 of violati on• o f plumbing , elect- r i cal and building ordinancee. The Defendante, Nelaon Enterprieee, Ine., K. Wayne Neleon an.S Dorothy L. Nelson make general .Seniel end further they elaill t2ay c orrected end re~ired ell deficienciee. That property wee purChaaed "aa ia." They further raiae detenaea of waiver , lachee, deterioration on ~rt of plaintiff, failure to mitigate, waeta, etatute of limitatione, and negligence on part of Plaintiffs • WITIIESSES OF PLAINTIFF 1. Jim Croaa -limited ~rtner end Preeident of the General partner of Plaintiff. 2. K. Wa y ne Neleon and Dorothy N eleo~ for croea-examination. 3. Susan M. Schne i der, for cross-examination. 4 . Lyman H. Bittner . f o r erose-exami natiOn. 5. Malcolm Murra y . Jr., for cross-exami nation . 6 . Gar y A. Pittman, for cross-examination. 7. Mr. 'Gene Benetti, for c ross-examination. 8. David Oyens, for cross -examination . 9. Allan Dreh er , for cross-examinat ion . 10. Franc i a Chaput , for cross-examination . 11. All witn e sses of Defend•nts for cro••-examination. -2- I I I , I. I f · ' •1_· j •• I I • • . · I • • . . • EXHIBITS OF P~INTlPf ~. ~gr @emen t o f Purchaae d ated 10-16-73 . B. ~ddend um to ~greement dated 10 -16-73 . c. Letter of Nov .. ber 30, 1 973 a n d attached Ex hib i ta. 0 . Letter of June 10, 1974, letter acSdreaaecS to Wa yne Nelaon c/o hia at orney . Mr. Douglae Rlltt . E. Letter f rom C1ty of Englewood dated l-12-78. F. Le tter fr0111 Ci t y of Englewood dated l-13-78 . G. Certi tied letter to City o f Engl.wood dated 3-l0-78. H. ~ll record of Ci t y of Englewood relati ng to "O&aia North " a t 2 975 South Sante Pe, Engle~ood, colorado . I. ~ll reords of check• and bil la paid by Oefenda n t e , Nelson Enterpr iaes , Inc:, K. Wayne Nelaon and Dorothy L. Nelaon . J. Es t imates •• to br1.nqinq the •oaaia North " u.p to eppli cable code• aa of June 10 . 1974 . K. Records of Pla intiff a e to damagea • L . Letter dated 5-3 1 -7 8 from Moulton Cla im Service to renew insurance, City of Enqlewood, inaured by Commercial Union Assurance Compa ny . M. Letter t o tenant• 3-19-79. N. Letter to City of Englewood 3-19-79. o. ~pplicable Codes. City. county and Sta te. Names of a ny add itional w1.tneesea or add i tional Exhibit s shall be furnished all oppos ing counsel not lese than 10 daya p rior to tr i al . 1 . Was the ••oas1a Nort.h .. at 2 97 5 So. San ta Fe, Enqlewood, Colorad o bu i l t a ccordLng to t he plumbing , electrical. build i ng and all other app lLcable ordinance• of the C~ty o f Engle~ood? Coun t y of Arapahoe a nd Statutes of State of Co lorad o. 2 . Were t he Defendants, Nel e o n Enterpriaee , Inc •• K. Wayne -3- ·'· ,. . i '• . , . .. .. '' .. . ·' :. ·. •• \ ' ~ . .. ' .. ) • I • • lo ., I l / I • • • • NeLaon and Dorothy Nelaon aware of d iacrepenciea or ehoul~ they have been aware? ), Waa the City of Enqlewwod neqliqent in the iaauance of Certifica te of Occupancy on June 10, 1974? 4. Are the clai .. of Plaintiff barred by i .. un ity of City of !:nqlewood? 5. Are the clat.. of Plaintiff barred by Stetute of Limitetiona, waiver, lachea, failure to mitiqata, waate and negliqence on the part of the Pleintiff? Triel to court ~bruer y 9 , 1981 through to llth, Denve~. Colorado 839-5395 -4- • I i·; . ~;~ . .. .. •! -:... .. : .. l .; ; .·;.. ',li ~ t \. ....... ~ ~. :., • t;"' ,· . I"' • .,...:., ·"'•...-!. • • • t", • ' . ! ,. .:r .... ' .. \ ? ': i! -. ... .. ' ' .. .. ~ •" I • • • I • I ( • • ,. • IN THE DI STRICT COIIRT IN AND FOR THII COU NTY OF ARA PAIIOE AND STATE OP COLO RA DO Civi l Act ion No. 39676 , Div. J AY-J AY, LTD,, a C olor a ~o l~mi ted partre r a h i p, Pla i n tiff, VB , NE LSO N ENTERPRISES , INC ,, a Colorado c orporation: K. WAYNE ) NELS ON and DOROI'HY L. NELS ON; ) an ~ CITY OF ENG LEW OOD, ) ) De fend an te . ) MOT I ONS PLA I NT I Ff" S PRE-TRIA L STATEME NT There ere two mot i ons to be hear~ ~ Mot i on Por S ummary J u~qment of He l a on Ente rpr iaea , Inc., K. Wayne Nelaon a n ~ Do rothy L. Ne laon, De!endanta , and Mot i on To Diami•• of De fendant•, City of Englewood. ST,O.TEMENT OF FACTS That the Plaintif f ente red into agreement for purchaae of t ra i ler park know n aa "O.sia North " at 2975 South Santa Pe , Englewood , Co lorado on October 16 , 1973 and clo•ing waa on or abou t Novembe r 30 , 1973 with t h e Defendants , Nelson Enterpriaea, I nc ., K. Wa yn e Nelson a nd Dor o thy L. Ne l son . Th e aaid Defendant• covenant a nd agre e that they ~i l l correct a ll viola t i ons of Ci ty of Eng l e wood ele c tr ical , p lumbing a nd bu~ld 1 ng codea a nd fu r ther covena n t a nd a gree that ther e a re no vio l a t i on s o f Ci t y of Englewood's plumb Ln g , electrica l a n~ build i ng codes. Th e Pl a intiff 's sta te they breached aa i d agr e e ment and that the d efe cta were never c orre c t ed . Tha t the aa i d Defendants knew or • [. ... ' -· ,,... ~~ 1 t j f ·. ;: . ; 1:" .... . ... ~ • -., ·:~ . .f; I • • .~ I • • • • ahould hA ve known that ••1d defecte ~•r • ne e r corr ~ed . ~t the Defendant, C>ty of Englewood o~ June 10, 1974 iaa •e d a Cert>f>cate of OCcu pa n cy by their agente ne l>gen tly and ae proxi~te reault of their neg ligence , the Plaintiff euf!ered da~gee. The Pla intiff euftered damegee >n ·~• amount of$ 150,000.0 ) •• rea ult of Defenda n a . The Defend a nt, City of Englewood den>ea liability gen- era l1y a nd aleo baaed on Sect>on 24 -10-10 C.R.S. 1973. They fur t her ad i t i 1eu a n ce of Cer tifica e of Occupancy a nd i eeu- ance of l ettera since 1974 of violations of plumbing , elect- rica l and building ordi nancea. and Dorothy L. Nels on make g ene ral denial and furthe r t hey claw U.y corrected and r epaired a ll de!icienciee. That property wae p u rchaaed "a a i a. •• They further raise defenaea of wa iver, lachea, deterioratio n on part of plaintiff, failure to mitigate , waste, etatute of limitations , and negligence on part of Plaintiff•. WITNESSE S OF PLAltn'IFF 1 . Jim Cross -limited partner and Preaident of the General partner of Pla intiff . 2 . K. Wa y n e Nel s on and Dorothy Nel s o ~ fo r cross-e xamination. 3 . Susan M. Schne ider, for cross-e xa mina tion . 4 . Lyman H. Bittner, fo r cross-e x aminat iOn. 5 . Ma lcolm Murray. Jr .• for cross-e xamination. 6. Gary A. Pittman, f or cross-examina t ion. 7. Mr. 'Gen e Benetti, for c ross-exami nation. 8. David Oyens, fo r cross-examinat ion. 9. Alla n Dreh er, f or cross-exam ina tion. 10. Franci a Ch aput , for cross-exam ination. 11. Al l Wltne sses o f Defend a nt s for croas-exa mina tion. -2- i. I ·" 1.· • ' \J JJI"': .-iG. . .. ~ ~~ . •' J • ~t .l ~-, .. ·~ I • • ( I ( • • • • -------=---=--=-_..,.. ___ _ IfF A . Agreement of Purchaae d a ted 10-16-'3. B. Ad d endua ~o Ag r e me n t dated 10-16-73 . c. Let~er of NOvember 30, 1973 and a t ta ched Ex hib it&. 0. Le tter of June 1 0 . 1 9 7 4 , let er addresaed to Wa y ne Nehon c/o hia at orney, Mr. Douglaa NUtt. E . Letter from C1ty of Engl-ood d a ted l-12-78. F. Letter from City of Eng l-ood dated 1-13-78. G. Certified letter to City of Englewood dated 3-30-78. H. Al l record of Ci t y of Englewood relating to "O&•~• No rth " at 2 9 75 South S a nta Fe. Engle~ood, Colorado. I . All reords of checks a nd b i lla pa id by Defendant&, Nelaon Enterpris e s , Inc~. K. Wayne Nelaon and Dor oth y L. Nels on. J. Es timates as t o bringing t h e •oasis Nor th " up to a pplicable c odes as of June 10, 1974. K . Records of Plaintiff as to damages. L . Letter dated 5 -3 1 -78 from Moulton Claim Service to renew ins u ra nce, City of Englewood, ineured by commerc~al Un i on Assurance Company. M. Letter to ten a nts 3 -19-79. N. Letter to City of Englewood 3-19-79 . o. Appl icable codes , ci ty, County and State . Names of any additional w 1tnesaes or addi tional Exhibits s h a ll be furnished a ll oppos ing c o unsel not less than 10 day• p r ior to tr 1.0. 1. 1. Was the "oas i s North .. a t 2 97 5 So . S a n ta Fe, Englewood, Colorado b uilt a ccording t o t h e plumb~ng , electr i cal. building and all other applicable ordinan ces of the C ~t y of Englewood? County of Ar apa h oe a nd Sta t u tes of St a ~e of Co lorado. 2 . Were the Defe n da nt s, Nelson E n ~erpr i s es, Inc., K. Wayne -3 - • .. . •• \ i ., . . ' . .. ·.": "' . . ) L ·' ., .. • .l I • • r I ( / I • • • • Nelaon •nd Doro hy Nelaon aware of d~a cre nc1 ea ox should they hav e been aware? l . Wee the Ci ty of Enqlewwod neq11qent 1n the 1aauance of Certif1cate of Occupancy on June 10, 1974? 4 . Are the claims of Pl aintiff barred by imnuni y of City of Englewood? 5. Are the clei .. of Plaintiff barred by Statute of Limitation•. waiver, lache•, failure to mitigate, waate and negligence on the pert of the Plaintiff? Trial to Cou rt February 9, 1981 through to llth. -4- • ~. ' "'-<~ ..... 1 .... , ".-, ·._ ~·."J .. ~ t-~;;~· .. · .·~··i I i< J ·' ·. \ :· I :;;,. • .~ ..-·.= I . .. ( w )l . ., I • ( • • • .. • Ill TU DISTRICT COUR T IN A:W F OR Til CO UN TY OF ARAPAH OE AN D STATE OF COLORADO Ci vl l ACt l On No. 3 9676, Di v . JAY-JAY, LTD., a Colorado limited partnership, Plaintiff, vs. NE LSON ENTERPRISES, INC., a Colorado corporation; K. WAYN E NELSON and DOROT HY L. NELSO N: and CITY OF ENGLEWOOD, Defendants . STATEMENT OF FACTS PRETRIAL STATEMENT The pla1ntiff filed su1t against Nelson s and City of Englewood arising from purchase of Oasis North Trailer Park at 2973 South Sa nta Fe Drive in the C1ty of Englewood. The cla1m against the City of Englewood is based on negligen t inspection and issuance of a Certificate of Occupancy. On or about June, 197 4, at the request of the Nelsons, the City did c o nduct an inspection of the trailer park, did issue notices to the Nelsons concerning certain life-safety defects, i .e., defects which re late to electric, mechanical and structural items that pose i minent phy s ical harm to human inhabitants , and othe r defects related to minimum housing requirements. Repa1rs were made and ultimate ly a Certificate of Occupancy was ~ssued for the trailer cour t . At all times during the existence of the Oasis Nor th Trailer Cour t , 1ncluding befo re and a ft e r the Certific a t e of Oc c upancy, there were numerous Building Code violations at said trailer park. umerous "bootlegged" repairs had been done, that is, repa1rs wi thout perm~t a nd in violation of the applicable Englewood Codes and without inspection. • ·' .. \\., .. . ·.t •. I. .... 0 ~· ' . I· I I ·' I • • ( I ( • • • - I SSuES OF FACT 1 . Were the repai r s r equi r ed by the C1ty of Ln7lewood in 1974 ever completed? 2 . Has the plaint iff f a 1led to p roperly sup e r v iae he Oasia Nort h Tra ile r Park ? J . Ha s the plaintiff f a i led to pro p e r l y mai ntain the Oasis No rth Tra i ler Park? 4 . Ha s t he pl ainti ff violated t h e En g lewood Mi n i mum Hous ~ng Code--Mobile Home Parks sect~o n ? Co de? 5 . Has the pla intiff v iolat ed the 1968 National Electr1 c Co de? 6 . Has the pla1nti ff v iolate d t he 1 9 7 3 Uni f o r m P l umbing 7. Has the plaintiff vio l ated the Tr a ile r Park s Code of the City of Englewood ? 8. Was the City of Englewood n e gligent in it s 1n spec tion ot t he Oa sis North Trailer Park ? 9. Was t he a l leg~d n egli gence of t he City the p roxima t e c a use of the pla intiff's in j urie s, d amages, or l osses? 1 0 . Wha t are the p l a i ntiff 's in juries, d amages or losses? 11. Wh at are t he spec ific instance s of n egl i gence f o r wh i c h the plaintiff cla i ms r e l i ef? I SSUES OF LAW 1. The i n j ury and damage allegedly s us t ~ined b y the p lain t iff herein a re the s o le and p r o xima t e r es u l t o f the pl ain- t1 f f'a o wn con t r i b u tor y negligence . 2 . The negligence of t h e p l a i nt iff here in was eq ual t o o r grea ter than fhe alleged n e g l ige n c e o f this de fendant , which negl i gence the City e xpre s sly den i es, therefore, the r e c overy s o ught her e 1n mu s t be e liminate d or p r o po r tion a tely reduced on a compara tive basis i n a c cor d a nce with t he law. -2 - • I I ~ I .. .. I I I I I ';·: .. t f f ..... ?.,.: .,, .,. ...... .... _ J:'4 ~ .) . • ~':I t -. ~~, :.~:--...... ··1 .. . t; .. I • • ( ( .,. l I I I • .. • • .. - 3. The Lnjur.s.es and dallWges allegedly sue:ta>ned by tt. pl•l.ntJ.ff here1n are the aole and proxurWlte reault ot th e actJon of th>rd persons other than this defendant ~nd over whom th is defendan t exercises no con trol. 4 . The pla1nt1ff has fa 1led to m1t1gate d&mages as 1• requ1 red b y law. S . The plaint>ff 's c laim is barred by the D1ctr1ne of Sovere ign I~~unity. 6 . The pla intiff has, n undertak>n g o peration o! Oas1s Nor~h Trailer Pa rk . ass d the r >sk of the alleged damages suffered aa a result o f wear a n d tear and obsolescence of these improve nts. 7. The p laintiff has f ai l e d to state a claim for which relief 1s granted . 8. The City is not required to issue a Ce rti f ica te of Occupancy fo r Mob i le Home Parka . 9 . The plaintiff has waived right to re ly on the issued Certi f icate of Oc cupancy • 10 . Are the alleg ed i n juries, damages and losses suffered by the pla intiff compensable under law? 11. What liability do Nelson Enterprises, Inc., X. Wayn e Nelson and Dorothy L. Nelson owe to the plaintiff? 12. Has the plaintiff exhausted its administrat i ve remedy by appeal to the Bo ard of Adjustment and Review? PENDING MOTIONS 1. Defendants Nelsons ' Motion for Summary Judgment . 2, Defen dan t Ci ty of Englewood 's Motion t o Di smi ss . DISCOVERY Di scovery i s not comple t e . Defen dant City of Englewood seek s to d epose: 1) Principals o f Jay-Jay , Ltd . 2) Jim Cross of J a y -Jay, Ltd . -3- • .. ,,_ I • • ( ·' I ( ,· • • • • JJ To W at~tna of 3a•-Jay, Lt d. 4 1 Other possib le W1 t nease s h r olor t de11t i fi d o D"fenda nt Ci ty by the platn t i ff or De fen dant s l'i l eon. D"fenda,,t Ci t y o f En gle wood s e ke pro duc tton of doc umen t s and anawer t o in t e rro gator tes t o b e d eltv e r e d t o the p l a i n t i f f and Defendan ta Ne l a o n in a ppr o ximately o n e w e k f r om date of p r etrt •· Di s cov ry 1a expect d t o b e comp let ed p r tor t o tri al. EXII IB ITS l. Memo t o John But t s f r om J a me s L . Sup inger date d Novembe r 2 3 , 1970 . 2 . Letter fro m the t enants of Oa s i s Tr a.ler Par No r th and South to ~~o m It Ma y Conce r n r eceive d b y Depar tmen t of Community Development Februar y 9 , 1 972. 3. Houstng Code checkl is t da t e d Oc tober 10 , 1 9 7 2 Oa sis Tra i ler Court. 4. Le tter to Wayne Nelson Ent erp rises, Inc. date d Oc tober 16, 1972 from Lyma n II. Bittne r. 5 . Letter t o Wayne Nelson Enterprtsea dated November 8, 1973 !rom Alan Drehe r . 6 . Letter from Lyman Bitt ner t o Do uglas Nutt, Attorn e y at Law, dated November 14, 1 97 3 wt th n o te dated Decembe r 6, 1973 . 7. Letter of J une 10, 1974 from Ly man Bittner to K. Wayne Nel son. 8 . Letter f r o m Ma c k Murry t o al l tra 1ler court owners within the Ci ty o f Eng l ewood dated Au g us t 4, 19]5 . 9. Lette r from Mack Mur r y t o Jim Cros s, Tom Watk i ns of J a y -J ay, Ltd . dated Octob e r 2, 197 5 . 10. Let ter from Mack Murry to J a y -J a y , Lt d ., a ttention Ji m Cross and To m Watk in s , dated Decemb er 1 7, 1 97 5. 1 1. No t ice of Violati o n dated J an ua ry 14 , 1976 t o J im Cros s, To m Watkin s , Jay-Jay , Ltd . g i ven by Lyman Bi ttner . 12 . Noti ce o f Violaeio n da t e d Dece mber 1 3 , 19 76 to Jay-J ay , L td., a ttene ion J im Cro s s a nd Tom Watkins , b y Lyman Bittner and No tic e to Ke e p Out. -4 - • . ~ -4'. '· .. . . ' I • • •' -~ ( .., ( I 0 • ( • • • • 13. Not1ce of V1olb ~on •tea Not1ce of V1o at1on dated Dec., : .1, 1 17 to Jay- Jay, !.td., Jim Cross nd 7o Wat rae by Ly n 81 tr.'"r anuary 12 , 1978 . 1 Letter •rom Mack Hurry to Jay-Jay, Ltd dated January 13 , 1978. 17. llemo to Cary Pi tman fr March 22, 1978. Sust'l ~c.:hneide r dated 18 . Me mo from Sus ie Schn ider to Gary P1 tman dated Apnl J, 1978 . 19. Let er from Gary Pittman to J ay-Jay , Ltd. dat ed J uly 11, 1978 . 20. Letter from Robert T. Bo wland of Tr i-Coun ty He alth to J ay-Jay, Ltd , dated November 2, 1977. 21. Letter from Robe rt T. Bo wland to Tri -County lle al th to Jay-Ja y, Ltd. dated December 1 4, 1977. 22. E lectrica l Pennit 1 55 96 . 23. Electrical Pe.nni t 1 5884 2 4. Me chanical Pe rmit 11285 25 . PlWllbing Permit 11713 26 . Miscel laneous Building Permi t f8854H 27. Miscellaneous Bu il d ing Pennit f 8657M 28 . Miscellaneous Building Permit #8 006M 2 9. Miscellaneous Build1ng Permit f8502M 30 . Miscellaneous Building Permit f946 5M 3l. Miscellaneous Building Pe r nu t t7800M 32. P l umb1ng Permit I 784P 33 . P lumbing Permi t 1786P 34. Plumbing Perm 1.t I805P 3 5. Plumbing Permit 09 SP 36 . Mi s cellaneo us Permit -fence 298 7M 37 . El ec tr i cal Permit fE69 38. Co r rection Noti ces dated 6/13/80; 7/28/7 _; August 18 , 1977; March 2 2, 1977 , February 3 , 1975 ; May 2, 1 973; August 18, 1 977. -5- • ...... , f" r.· ,. .. , ~ .~. i ........ ~. ' 1 I ! . I • • I ( -..... • • • • 3J. H.l8Ce ll neous not s c oncernJng Oaaia t:ort.la. 40, f ot Plan dated 10-20-70 . 4 1 . M NO fro Ma l Atk1~s to Gary P1t n date . o·.re:tbe r 7, 198C . 42 . 1968 Nat>o al £1 ctric Code. 4 3. ~enver Pl~ing Code. 44, 1973 Uni orm P lunb1ng Code. 45. M~n imum Ho usin g Co de -Mob~le Home Parks sec tion . 56. Tra>ler P a rks Code of the City of Englewood. 1. Norm Harnes s , Harness Electr~c 4 35 South Huron , Englewood, CO 80110 2, Gary Pittman, Chie f Buildtng I nspector Ctty of Englewood 34 00 South Elati, Englewood, co 80110 3. Earl HcNerny~ State Elec rical Board 1 390 Logan, Denver, co 80203 4. Tom Wat k>ns, J ay-Jay, Ltd . P.o. Box 21053, Denver, co 80221 5. Foster Wills, Plumbtng/Mechantcal Inspector Ctty of Englewood 34 00 South Elat1, Englewood , CD 80110 6. John Butts, Plumbing/Mechanical Inspector (Rettred) City of Englewood 1600 Sable 11 7 6, Aurora, CO 80011 7. Wayne Nelson, Nelson Enterp r ises 3333 S. Bannock, Englewood, CO 80110 8 . D1ck Hubbard, Harness Elec ric 43 25 South Huron, Englewood, CO 80110 9. Mal Atk1ns, Electr1ca1 Inspector Ctty of Englewood 3 400 South Elati , Englewood, CO 8 0110 10. Jim Cr a ss, Jay-Jay, Ltd. P.o. Box 21 053 , De nver, CO 80221 11. Davtd Dyc us 3223 Sou th Santa Fe Drive 110, Englewood, CO 80110 12. Lyman H. Bittner, Code Enforcement Officer (Retired) C1ty of Englewood 60 7 West Dartmouth Ave., Englewood, CO 8011 0 -6- I • . .. :' -~ .. J ' ,'\ ~' ·: i . .,._of..,. ' .. '~~ \:.i 1 . <.· !1 .... l ' ... '" . '\ ~ . . ~· '· ~ .,: I • • ,, I ( • I -- • • • ll. Sus1. Schn Jdt r, c r,(! Enfo< ,. ~l O f!i er C1ty of t:nu~ "'i)()d )4 00 Sou h ElatJ.f !.nq1e\ofo.:>d, co 01 0 If . R t,.,rt .. !'low! nd, 'rr1-CC>unty Heal h 4 8r~7 S u h nro"'d"'.;,t 1•, Lnglcwocd. co 801 0 Tr1 a l 1s to the Court c0 , nc4n g 9:00 .M. the 9t h d a y of .r'cb rua.ry, 1981 and contJnUlng t hrounh ht! l.Jth day of February, 1981. ( -7 - ---·--··---·---. Rl ck DeW1tt 1 4 7 9 5 Ac t1 ng C1 ty Attorney f o r Defenda n t C~ty of ~nglcwoo d 3 40 0 South Elati En glewood, CO 80 110 761-114 0 • /·· . ,. ' . . ·y • J • ,. ">...t•· "~ . .. · . . •· I • • .. " I .· • • • - IN TI!E DISTRIC COUFT IN AI::.> OR TH COl'NTY OF AI<APAJ I~E A!l STAT OF COLORADO Civ•l Act>on No. 3967 , Div. 2 JAY -JAY, LTD., a Colorado limited p&rtnersh>p , ... Pla1 nt1ff, N~LSON ENTERPRISES, INC., a Colorado corporat1on; K. WAYNE NELSON and DOROTI!Y L. NELSON ; and CITY OF ENGLEWOOD, Defendants. STATEMENT OF FACTS PRETRIAL STATE~ZNT The pla>ntiff filed SU>t against Nelson s and C>ty of Englewood arising from pur chase of Oasis North Tra iler Park at 973 South Santa Fe Drive in the C>ty of Englewood . Th e cla>m against the City of Englewood is based on negligen t inspect>on and is s u ance of a Certificaee of Occupancy . On or about June, 1974 , at the reque st of the Nelsons, the Ci y did conduct an inspect ion of the trailer park, did issue not1ces to the Nelson s concerning certa 1n 11fe-safety defects, 1.e., de fec s ~hic h rela te to electric, mechanical and structu ral items ~at pose >minent physical harm to human inhabi ta~ts, and other defects related to minimum housing requlrements. Repairs were made and ultimately a Ce rtificate of Occupancy was 1as ued f or th t rai er court. At a ll times dur ing the e x1s ence of the Oaa~s o rth Tr a1ler Court, includ1ng before and aft r lhe CertJfica e of Occu~a ncy, there were numerous Bu ilding Code v~olat1 on s at sa1d t.ra.iler park. Nume r o us "boot legged'' repaira had been done, that 1s, repa rs W1thout permit and in Vlolat ion of the appllcable Englewood Codes and without inspectlon. • I· I I J. ·. ... ·~ • 0 .· :.:•·'· . . ' .. .I I • I • ; j. "J • • • ISSUES OF FACT ------=- l. 1974 @Ver co~pl@ted? 2. Has th@ pla~ntl~f failed to properly ouperv1se the Oasi s North T ra~le r Park? 3. Hao th pla~nt1ff fa1led to properly ma1nta1n ~he Oasis North Tra iler Park? C . Hao the plaint1 f f violated the Englewood ~~nimum Houa1ng Co de--~~bile Hooe Parks sect ion? Code? S. Has the plaintiff V1 olated the 1968 Nat1onal Electric Code? 6. Has he plaintlff vi olated t he 1973 Uni form Plumbing 7. Ha s th plaintiff Vlolated the Tr ai ler Parks Code ot the Ci ty of Englewood? 8 . Wa s th City of Englewood negligent i n its 1nspect1on of t he Oasis North T r ailer Park? 9. Was the alleged neg igen ce of t he Ci ty the prox1ma te cause ot the plalnti ff 's inJuries , damages, or losses ? 10. Wha t are the pla~ntiff's in j uries, damages or osses? ll. What are the specific 1nstan c es o f negligence f or which the plaintiff claLms r elief? I SSUES OF LAW l. The inj ury and damage allegedly sust~ined by the pla•nt iff herein are t h e sole and prox imate res ult of the plain- lf f's o wn contrib u tory negligen ce. 2. The negligence of the plaintiff herein wa s eq u al to or g reater than the alleged negligence of thi s defendant, wh ich negligence the City expressl y denies , t here fore, the recovery sou ght herein must be e liminated or proportiona tely reduced o n a comparati ve basis in accordance with t he l aw. -2- • I I - I· :. •• 0 ,A,,. (t· _. r~~. -~rf. ~· .... .. ... :: i '! • •t _ .. '• ~:~·:,-;i .. ·· ... : -~ .... :-. ~.f •........ '-..... , ' ~~-;.~: ~. : ... ~:' •' 'l· .. , ... ' r ... ~·· . ... ~· I • • ., I 4· • • • 3 . The ~)ur~es an daaagea lle ly sus a>. ed by e p l e~n L if f here 1n ace th sole and pro ~1 r •~It of t hu •ct1 on o f hu persons other th an th1a de fenda nt ar~ o v r Whom t h is d [ 1 ant x rcises no con ro l ~ The pla1n t1ff has !a 1 e el requ 1 red b y law. o m1tig ate d&rna g e s as •• 5. ~he p la in tif f 's cl a i m is barr d by he Dl c t r >.ne of so,~rei gn Immuntty. 6 . The pla i nttff h as, >.n underta~>n g operation of Oasis Nor h ~r ~iler Pa rk, as su d the ruk o f the alleged d amages suff ered as a result of we ar and t e ar a nd o bsolescence of these 1mpr~ve . n l s. 7 . The plaint>ff h as fa1led to stat e a cla>.rn for which relief i s gran ed. 8 . The City is not required to i ssue a Cer tificate of Occupancy !or Mobile Home Parka . 9. The plaintiff has wa>.ved rlght to rel y on t he issued Certl ficate of Occupancy . 10. Are the alleged injuries, damages and losses suffered by the plain tif f compensable under law? 11. What liability do Nelson Enterprises, Inc., K. Wayne Nelson and Dorothy L . Nelson o we to the plain t i ff ? 12. Has the plaintiff exhausted i s administrat>.ve remedy by appeal to the Board of Ad Justment and Review? PENDING MOTIONS l. De fendants Nelsons' Motion for Summary Jud;me n ~. 2. De f e ndant City of En g lewood's Mo t >.o n to Dismiss . I DISCOVE RY I I Disc o v ery is not complete. Defendant Ci ty of Englewood £e e k s to dep ose: 1 ) P r tncipals of Jay-Jay , Ltd. 2) Jim Cros s of Jay -J ay, Ltd. -3- . , .. -.. : ~ . .' .-1'.,~ . ;.·,. :~· ........ .. I • • ., ' • I • • • l) To Watk>n s of Jay-Jay, Ltd. 4) Other ?0SBib1e ~itneaae a no• her tofor 1 ent 1 f• d to ~f ndant CHy by the pla>ntiff or Defend<lr.ta :>e l&on. fenda nt City o ! Englewood seeks p r oduction of doc nte •nd an swer o inter rogatories t o be d liver e d to the p a inti!f d Defenda nta l>elaon in approxiroate1y one w ek fro date of p r etn Discovery is expected t o be comple t ed prior to trlal. EXHIBITS 1. Memo to John Butt s from James L. Supinger da ted Soverober 23 , 1 70. 2. Letter from the t~nant s o f Oasis ra1ler Park North and South to Whom It May Concern r eceived by Department of Communi ty Development February 9, 1972. 3. Ho using Code chec<list dated October 10, 1 97 Oa sia Trailer Court. •· Letter to Wa yne Nelson Enterprises, Inc. da ted October 16, 1972 from Lyman H . Bittner. 5. Letter to Wayne Nel son Ente rprises da ted November 8, 1973 from Alan Dreher. 6. Letter !rom Lyman Bittner to Do uglas Nut t , Attorney at La w , dated November 14, 1973 Wlth note dated December 6, 1973 . 7. Letter of June 10, 197 4 from Lyman Bi ttner to K. Wayne Nelson. 8. Letter from Mack Murry to all trailer court o~ners within the City o ! Englewood dated August 4 , 19?5. 9. Le t er from Ma ck Murry to Jim Cross, Tom Watk>ns o f Jay-Jay, Ltd . dated October 2, 1975. 10. Letter from Mack Murry to Jay-Jay, I.td., attention Jim Cros s and Tom Watkins, da ed December 17, 1975. 11 . Notice of Violation d a ted January 14 , 1976 t o Jim Cross, Tom Watk in s, Jay-Jay , Ltd. given by Lyman Bittner. 12. Notice of Violation dated December 13, 1976 to Jay-Jay, Ltd., attention Jim Cross and Tom Watkins, by Lyman Bittner and Notice t o Keep Out. -4- • I I r -l I . . ' ': -·. ' . -~ • . , I • • I • • • . . • IJ. OtJce or Vio atior da cd May •6 , 1977 o ~ y-Jay, l.·d., J1.• Cross and (,.I Wlllt. n• by Ly n Bi• ne.t. l4. l.ot-ce ot VIolat 01. d tee.; e mter 7, 977 to Jay- Ja~·, "td ., JJ..m Cross and ':'o Watkins by Lyman B~,.._ r.e-r. Letter from Sus1e Schneider to Jay-Jay, L d. da ed Janu~ry 12, 1978. 16. Letter t ro ~ Mack Murry t o Jay-Jay, L td . dated January 13 , 19 78. 1 7. Memo t o Ca Mdc " 2l, 1978. P t tman from Susie Sc~~ Ider date d 18 . co !ro Su s1e Schneider to Cary P1t~n dated Apnl 3, 1978 19. Letter from Cary Pittman to J a y-Jay, Ltd. date d July 11, 19 78. 20. Letter !rom Robert T. Bowland o! Tri-county He alth to J a y-J ay , Ltd. dated Nove mber 2, 1977. 21. Letter !ram Robert T. Bowland to Tri-County He alth to Jay-Jay , Ltd. dated December 14, 1977 . 22. Elect rical Per cit 1 5596. 23. El e c t ric a l Permit t5884 2 4 . Mechanical P e rmit fl285 25 . P l umb ing Permit 1713 26. Miscellaneous Building Permit f88 5 4M 27. Miscellaneous Building Permit t 8657M 2 8 . Miscellaneous Building Permit *B006M 2 9. 3 0. 3 1. 32. 33. 3 4. Ml.scellaneous Bu1 ld1ng Miscellaneous Building Misce llaneous Building Plumbing Perm1.t I784P Plumbing Permit f786P P l umbing Permit f80SP 35 . Plumbing Permit 795 P Permit 8502M Permit f9465M Permit f 780 0M 36 . Miscellaneous Permit -fen c e 2987M 37. Electrical Permit fE69 38. Co rre c tion Notices d ated 6/13/80; 7/28/7 __ ; August 18, 197 7; Ma rch 22, 19 77, February 3, 1975; May 2 , 1973; August 1 8, 1977. -5- • ~:.;. '"'-s.,. •• . :: '' I • • I • • • • 39. MJ.scellan ous not.es concern .. rg Oaais !'.orth. 40. P ot Flftn dated 10-20-70. 41. Memo from Mal Atk1na to Gary P1•tman dated ·overn 1980. 42 . 1968 Natlonal Electric Cod 4J. Denver Plumb1ng Code. 44. 1973 u niforro Plumb1ng Code . 4 50 liin1mwr. -Housing Code Mobile Home Parks 56 . Tra~l r Parks Code of he C1 y o • Enql 1. orrn Harnes s , Harn~ss £lectr1c 4235 South Huron, Englewood, CO 80110 2. Gary Pitt man, Chi e f Bu1ld1ng Inspector City of Englewood 3400 South E1ati, Lng l ewood, co 8 0110 3. Earl McNerny, State Electrlcal Board 1390 Logan, Denver, CO 80203 4 . Tom Watkins, Jay-Jay, Ltd. P.O. Box 21053, Denver, CO 80221 WO 5. Poster Wills, Plumb1ng/Mechan1cal I nspecto r C1ty o f Engl ewood • ctior •• 3 4 00 So uth Elati, Englewood , CO 80110 6. John Butts, P1umbing/Mechan>ca1 Inspector (Reti r ed) City of Englewood 1600 Sable 1176, Aurora, CO 80011 7 . Wayne Nelson, N lson Enterprises 3333 S. Bannock, Eng1e~ood, CO 80110 8 . Dick Hubbard, Harness E1ec ric 4325 South Huron, Erole~ood, CO 80110 9. Mal Atkins, Electrical Inspector City of Englewood 3400 Sou h El3tl, Englewood, CO 801 10 10. Jim Cross, Jay-Jay, Ltd, P.o. Box 21053, Den v r, CO 80221 11. Dav1d Dyc us 3223 South Santa Pe Drive f lO, Englewood, CO 80110 12. Lyman H. Bittner, Code Enforcement Off1cer (R et i red ) City of Englewood 607 West Dartmouth Ave., Englewood , CO BOllO -6 - / ~<• 'i .-t. r 7, .. •I !I' I • • • • I • ,, I • I • • • 1 l. Su11 s'"·h n e 1 dcr, Code Enf 4 ronor t. Of!1 r C1ty of Cnql<wood 3 4 00 South E 1ac l , Enq,ewood , 0 80110 H. RoL ~r T . Bow1unJ , Tn-Cvun l y Iff! 1th 4 8~7 Sou t h B ro~dw~ , Lngl~w ood , CO 80110 !lllAL DATE Tr1 a l 1a to he Court co~nc1ng 9:JO A.M. t he 9th day ol F ru ry, I 81 and c o nt. nu•ng h row;h th" llth d ay of Febr uary, 191. -7- --:., Rick De W1 t t t4 79s Act1 ng Ci y At torney for De f endant Ci t y o f I:n g l c wo od 3 4 0 0 So u th E1a tl Engl e wood , CO 8 0110 761 -11 4 0 • I /'·. I ... • ! .. .. ~ ~' . ,. . . ··1 · ·w ., . ·r ' ~ .... J ,, . ' ·.· (.:, . ' . ,. ~~ ... I • • ,, " ': ., I • • • .. • IN ~HE DISTRICT COURT IN A,D FOR TP CO 7'i OP ARAPAH OE #u'iD STATE OF COLORAO v Civll Ac t 1on No. 39676, Div. JA'i -JA'i, LTD., a Colorado lim1ted partn ership, Plaintiff , .. li£LSO~I ENTERPIH SES , INC. , a Colorado corporat1on; K. WAYNE NELSON and DOROTHY L. NELSON; an d CIT'i OF ENGLEWOOD, Def ndan ts. STATEMENT OF FACTS PRET RIAL STAT EMENT The pla1nt1!f filed s~t against Nel sons and City of Englewoo d ari s~nq from p urchase of Oa s i s North Tra 1ler Park at 2973 South Sa nta Fe Or1ve 1n the C1 ty of Englewood. Th e cla1m agains t the City of Englewood is bas ed on negliqent in spect1on and i ssuance of a Certi f lcate of Occupancy. On or about J une, 1 974 , at the request of the Nel sons, the City did conduct an inspec tion of the trailer pa rk, did issue notices to the Ne l son s conce rning certain life-safety defects, i.e ., defec s wh ich r elate to electr ic , mechan ical and struc tural items that pose iminent phys ical harm to human i nha bitants, and other de fe cts related to minimum housing requirements. Repairs we re made and ult~ma te l y a Certificate o f Occupancy was issued for the t ra i l er court. At al l times during the e x istence o f th~ Oasis Nor t h Trailer Court , i ncluding before and a f ter the Ce rt if~cat e of Occupan cy, there were numerous Bu ildin g Code v iola tions at sa i d tra1ler park. Nume r ou s "bootlegged '' r epairs _h ad been done, that is , repairs witho ut p ermi ~ and in viola tion of the applicabl e Englewood Codes and without inspection. • • .... fl ••• .. J. • •••. ·. .I I • • -t I • I .. _j, r ;l 1974 • • - CT L ~re th~ re1-aiu required by the Cl.ty of Engle>100d in ever co leted? 2. llaa th., plal.ntiff failed to prope rly super\'lsc the Oasis North Trailer Park? J. lias the pla~n tiff fal.led t o properly maintat n the Oa sis North Tra tler Park? 4 . Haa t he pl ainttff Vlolated t he Englewood Minimum Housl.ng Co de--"'ob~l Home P rks sactlon? 5. !Ius he plaintl.ff v>olated the 1968 Nat i onal Elect rt c Co de? 6. Has the plainti f f v1o atcd the 9 73 Untform P l wnbin9 Co de? 7. Ha s the plai ntiff vi olated the Traile r Parks Code of the City of Englewood? 8 . Wa a the City of Englewood negli gent in its tnspection o f the Oasis orth Trailer Park? 9. Was the alleged negltgen c e of t h e City the proximate cause o! the pla~nti ff's in j uries, dama ges, or loasea? 1 0. What are the plai ntiff 's injuries, damages or losses? lL What are the specifi c i nstances of negligence f or whi c h the plaintiff cla i ms r elief? I SSUES OF LAW 1. The i n jury and dama ge allegedly sust~ined by the p laintiff he r ein are the sole and p roximate r es u l t of the plain- tiff 's o wn con tributory neg ligen ce . 2. The n egligence of the plaint if f here i n was e qual to or greater than the alleged neg l igence of this defendant, which negl igence t h e City expre ssly den i e s , t herefore, the recovery sought herein must be elimin ated or proportionately reduced on a compa r at i ve ba sis in accor d ance with the law. -2- • "' I I .• /.:. ·' .. . .,. ,:..• .. I ... . ' •. ! ,. 1-.... ~·.,·:, .. ~· ... · ·r, J:'(:,,J .... -: l. ~· : ~. ~· ,_.,\ .. ··1 ... ;,..~ •' I • • • ., l ~· I • • - J •• The 1nJu r~•• and da~:tages a!leq i1 y sua tn d by th pla~n~~ft her~in are th sole and prox~ te result ~! th acti on of thi rd peraor,s other than Lhls de!e nda~t nd cv~r •ho this d !endant xerci ses n control. 4 . Th plalntlff has fa 1led to ml >gate damages as i s requ• red by law. S . The plaint>ff's cla>m is barred by the Dlctr>ne o f Sovereign Ir.~unlty. 6 . The plaintiff has, i n undertak>ng operat >on of Oasis Nor h Tra~l er Park, assumed the r isk of the alleged d ~ges suffered as a re sult of we ar and tear and obsolescence of these improve~De'nt 1 . The p laintiff has failed o state a claim for which rel1ef is granted. 8 . The City is not required to issue a Certificate of Occupancy for Mob>le Home Pa rka . 9. The plaintiff has wa1ved r1gh to rely on the issued Cert>f icate o f Occupancy . 10. Are the alleged injuries , damages and l osses suffered by the pl a intiff compensable under law? 11. What liabi lity do Ne lson Enterpr1ses , Inc .,~. Wayne Nelson and Dorothy L. Ne lson owe to the plaintiff? 1 2. Has the plaintiff exhausted its a~n•strat>ve remedy by appe al to the Board of Adjustment and Review? PENDING MOTIONS 1 . Defendants Nelsons' Motion for Summary Judgment. 2. Defendant City of Englewood's Motion to Ois~ss. DISCOVERY Discovery is not comple te. Defen dant City of Englewood seeks to depose: l) P rinc ipals of Jay-Jay, Ltd . 2) Jim Cross of Jay-Jay, Ltd . -3- : I • • I • • • • 3) Tom Wat k>na o J ay-Jay, Ltd. 4) Other pos•i.ble witneaae a r,ot heretofCl:-e J nt:lfl. to Defendant C>ty by the pla>ntiff or Detendanta .elaon. Defen ~.t C>ty o f Engle od seeka product>on of do~umente and answer to n ~errogato ri e a t o be d livered to the pla>nt>ff and Defendants loielaon l.n approx.1.mately one week from date of p retrJ.al . 01scovery is expected to be c omple t ed pr>or to t r>al . EXH I BITS 1. Memo to John Butts from James L . Supinger dated Novembe r 23, 1970. 2. Letter from the tenants of Oa sis Trailer Pa rk North and South to ~~om I t Ma y Concern r eceived by Depar tment of Commun ity De velopment Fe bruary 9, 1 9 72. 3. Ho usin g Code c h ecklist dated Oc o ber 1 0, 1972 Oas ia Tra i ler Court. 4 . Letter to Wa yne Ne l son Enterpr.1.se s , Inc . da ted October 1 6, 197 2 fro m Lyma n H. Bi t tner . 5. Letter t o Wa yne Nelson Ent erpr i ses dated November 8, 1 9 73 fr om Ala n Dreher. 6. Letter f r om Lyma n Bi t tne r to Do ug las Nutt , Attorney at Law , dated Novembe r 14, 1 9 73 W>th note d ated December 6 , 1973 . 7 . Le t t e r o f June 10, 1974 from Lyman Bi t t ner to K. Wa y n e Nel son. 8. Let ter f rom Ma ck Mur r y to all tra i l er c ourt owners within the Ci ty of Engl ewood d a t e d Au9ust 4 , 19]5 . 9. Letter f rom Mack Murry to Jim Cross, Tom Watkins o f Jay-J a y, Ltd . d a ted Oc t o b e r 2, 1975. 10. Letter from Mack Murry to Jay-Jay, Ltd., attention Jim Cr o ss and Tom Wa tk i n s, dated December 1 7, 197 5 . 11. Notice of Viola t i on da t ed J anuary 1 4, 1976 t o Jim Cross, Tom Wa tkins , Jay-J a y , Ltd . given by Lyman Bittne r. 12. Notice of Violation dated Dece mb e r 13, 1 97 6 to Jay-Jay , Ltd ., attention J i m Cross a n d Tom Watkins, by Ly man Bittner and Notice t o Keep Out . -4- • ! I l ""'., .. '· .· f' (. ~~ ! . ~· • J '. \!. I' '. I • • .. I • • • - .-.J. N t.ice o! V~olatJ.on at ~~y b, 1977 to ay-J y, r.td., Ji Cross ana TCllU Watk1na b}· Ly Bittn r. 14. NOtlCol of ','10 at1on dat.,d D c :t.C< 27, 19 1 to Jay- Jay, L d., J~~ Crosa and Ton Watkin s by Lyman Bi t~~r . lS. Letter from Su 1e Schneider to Jay-Jdy, L d. dated January 12, 1978. 16. Lett r rroM Ma ck Hurry t o Jay-Jay, Ltd. da ed J nuary 13, 1978. 17. M~mo to Gary P~ltman from Susie Sc~,e~der dated ~rch 2, 1~78. 18. M€mo from S us1e Schneider to Caty PLttman Ga~ed Apnl J, 191 8 . 19 . ~~tter from Gary P1ttman to Jay -Jay, L t d. dated July ll, 19 78. 20. Letter from Robert T. Bowland of Tri-County He alth to J ay-Jay, Ltd . dated November 2 , 1977. 21. Letter from Robert T. Bowland to Tri-County Hea lth to Jay-Jay, Ltd. dated December 14, 19 77 . 22. Electrical Per~it f 5596. 23. Electrical Permit f5884 24. Mechanical Penmit f l 285 2 5. 26. 27. 2 8 . 29 , 3 0 . 31. 32. 33. 34. 3 5. Plumbing Permi t 11713 Mlscellaneous Build ing Miscellaneous Buildin g Mi scellaneous BUllding M.1.scellaneous BU1ld1ng Mi s c ellaneou s BU llding Miscellaneous Building Plwnbing Permit 1 78 p Plumb1ng Perm it 1786P Plumb1ng Permit IB OSP Plumbing Permi t n9SP Permit Perm1t Pe r m1t Permi t Permit Permit f8854M f 8657M liB0 0 6M f85 0 2M 194 65M 7800M 36. Mis cellaneous Permit -fe nce 2 987M 37. Electr1ca1 Permit I E69 38. Correction o t1ces d ated 6/13/80; 7/28/7 __ ; August 18, 1977; Ma r ch 22, 1 977, February 3, 1975; Ma y 2 , 1973; August 18 , 1977. -s- • .1 . • .. ., ..... . •. · .. .):;. • t ~~' I • • '· ., I • • • • 39. M.tsc llaneous notes conce r nl ng Oasia ~orth. 0. Plot Plan dat d I0-20-70. 4 1. rae from 1 Atk1ns to Ga ry Pit~n da ed ov mLer 7 , 1960. 42. 1968 National Electric Co d e . 4 3. enver Pl umb 1ng Code. 44. 1973 Vn 1!orm Pl umb1n g Code. 4 5. M1nimum Housi ng Code -Mob1 l e Home P arks sectlon. ~6. ~ra11e r Parks Code of the City o f gl.,wo:;d. WI TNESSES l. NorM Ha rnes s, Harne ss E ectr~c 4 235 S o uth Huron , Englewood, c o 8 0 11 0 2. Gary Pittman, Chief Bullding Inspector City of Englewood 3400 South Elat~, englewood, c o 80110 3. Earl Mc Nerny, State Electrica l Board 1390 Logan, Denver, co 80203 4 . Tom Wa tkins , Jay-Jay, Ltd . P.O. Box 21053, Denver, CO 80221 5. Foster Wills, Plumbing/Mechan•cal Inspector C1ty of Englewood 3400 South Elati, Englewood, CO 80 110 6. John Butts, Plumbing/Mechanical In spector (Ret•red ) City of Englewood 1600 Sable 1176, Au rora, CO 80011 7. Wa y ne Nelson, Nelson Enterprises 3333 S. Bannock , Englewood, CO 8011 0 8 . D1 c k Hubbard, Harn ess Electric 43 25 Sout h Huron, Englewood , CO 80110 9. Mal Atk1ns, Electr1 cal I nspector C1ty of Englewood 340 0 So uth Elati , Eng lewood, CO 80110 1 0 . J im Cros s , J a y -Jay, Lt d. P.O. Box 21053 , Denver , CO 80221 11. Davtd Dyc us 32 23 South S a nta Fe Drive flO , Englewood, CO 80110 12. Ly man H. Bi t t ner , Code Enforc ement Off1cer (Retired) C1 t y of Englewood 60 7 Wes t Dartmouth Ave., Engle wood , CO 80110 -6- .--·#"' .... • ... _c ·, .I !. I ., . --~ , . ' • .. ' • .. ,. . ' I • • I • • • lJ. Sus1 chntudt.r , Code £nfor-nt. Off1 er C1ty o! rngl .~ J400 South Elat1, <nq ~wood, CO 801 0 1 4 . Ro~rt T. Bowd nd, Tr.t-County PF<Al'"h 48 ~7 £ u h Broud~~y, Fnglcwood, CO 80110 Trial 1s to the Co urt cv nc1n ~ 9:?0 A.M. t he 9th d a y of Fl: ruar,, 19al and cont.~.n~lnq t.hrough thts 13th day of 1-"et.rua.ry, BBl. ( ··7- -~------·------. 14795 Act>ng Ci y At t orney for Defendant City of ~ng l c wood 3400 South El a ti Engl e wood , CO 80110 76 1-11 4 0 ...__, ---,.. ----·----·---- • • / .. I· I I I 1 ·-1' .~ . .. .,.. . _,·, ..... .... .. ( ' ~ ... ... . \·• ,, ·t ., ...... ...... ' '·' ., j ! I • • -.;lo • I • • • .. .. MEMO TO: Mayor and Members of City Council FROM: Rick DeWitt, Acting City Attorney DATE : December 17, 1980 SUBJECT: Reassignment of Cases I am attaching a copy of a memo . I rece ived December 17, 1980 from Ed Lee, President of the Arapahoe Co unty Bar Associat ion, conce rning reassignment of cases before Judge Steinhardt . This reassignment will have significant effect on the City of Englewood. An overview. In the past, three Judges in Arapahoe County have heard our cases --Eason, Gately and Ste inhardt. Judge Shivers does not hear our cases and Judge Lee has only heard one case of ours due to their past association with the City as our legal advisors. Judges Greene, Kelley and Kaylor de al with criminal and j uvenile cases, and the City, in its corpor- ate capacity, does not use their services. With the loss of Judge Steinhardt, two cases will immed i ately be reassigned, John W's d/b/a T he Dart Board, and City v. Du tcher, et al. However, it cuts down by 1/3 the Courts avail- able to the City. In addition, the Courts that are available are more intensively used by the publ ic. An additiona l point is that regardless of Ed Lee's optimism, dates in Judge Steinhardt's Division will not, as a general rule, be preserved on reassi gnment. Only in the simplest cases will the dates be kept. Our cases generally are more complex requiring more research than the run of the mill civil case. Our cases will not be heard as expedit iously {if that is eve n the correct term) as in the past. bb Atta chment • I • • • ro: FR011: DATE : • • • ARAPAHO£ COUNTY BAR ASSOClA110. 34 70 South Sherma n Street, ~u~te Engl e od, Colorado 801 0 761-5910 ALL MEMBERS OF THE ARAPAHOE COUN Y BA R ASSOC!ATIO E~NARD B. LEE, PRESIDENT DECEMBER 12, 19 80 I have just received word from Judge Kelley that, effective January 1, 1981, a portion o f J udge Kaylor's j uvenile docket will be transferred to Judge Steinhardt's Di v is1on in Au r ora. Her Division will t hen co nsist of domestic relations and juvenile matters only. Her existin g c1v~l docket will be re-assigned to Judges Shivers, Le e (in Aurora), Eason and Gately . The reason for this cha ng e is that Judg e Kaylor's juvenile docket is so over-crowded tha t he sim p ly cannot h an dle the sheer nu mb er of he ar ings which are re quire d of the Juv e nile Di vision. In addition , the re is a seri ous risk that c e rtain seri ou s juveni l e case5 w ~l l be dismissed unde r the 6 -mont h rule unless he rece~ves immediate ass i stance from another d~v ision . I t i s impossible for J udge Kaylor to timel y hear all jury trials pr ese n tly set in his Di vision, mu ch less cond uct a ll pr etrial and post-t rial he arings and a d visements. T ~u s , a sub stantial port~o n of his docket mu s t be re-a ssig ned. This ~hange 1n doc keting will result in so me hards hip to t hos e counsel (and their clients) who have civ41 matters set in Judge Ste inhard t's D~vis1 o n. Ho wever, every effort wi l l b e made (up on re-assigning sa ~d Matters to Judges Shivers, Lee , Eason a nd Gately ) to hon or the h earing dates a lready obt ained. This, of course, will be impossible in so me instances. It is hoped the Dar will unde rstand the necessity of this change and will cooperate fully w ith the Court in this transition. EBL/jd • I • • • • • MEMO TO: Mayor and Member s of City Council FRO M: Rick DeWit , Acting City Attorney DATE: December 17, 1980 SUBJECT: Reassignme of Cases I am attaching a copy of a memo I received Decewber 17, 1980 from Ed Lee , President of the Arapahoe County Bar Associat ion, concerning reassignment of cases before J udge Steinhardt. This reassignment will have significant effect on the City of Englewood. An overview. In the past, three Judges in Arapahoe County have heard our cases --Eason, Gately and Ste inhardt. Judge Shivers does not hear our cases and Judge Lee has only heard one case of ours due to their past association with the City as our legal advisors. Judges Greene, Kelley and Kay lor deal with criminal and juvenile cases, and the City, in its corpor- ate capac ity, does not use their services. With the loss of Judge Steinhardt, t wo cases wil l immediately be re assigne d, John W's d/b/a The Dart Board, and City v. Dutcher, et al. However, it cuts down by 1/3 the Courts avai l- able to the City. In add ition, the Courts that a r e a va i lab le are more intensively used by the publ i . An additi onal po int is that regardless of Ed Lee's optimism, da es in Judge Steinhardt's Division will not, as a general rule , be preserved on reassignment. Only in the s implest cases will the dates be kept . Our cases g enera lly are more complex requiring mo re research than the run of the mill civil ca s e. Ou r cases will not be heard a s expeditiously (i f that is even the correct term) as in the past. bb Attachment I • • • • TO: FROM: DATE: • • - A ~ AH £ COU ~y BA ASS OC!A •ION 3 70 o u th Sherma n Stre t, Su~te *4 Engl e od, Co o rado eo 1 0 7 1-Sg 1o ALL MC~ERS OF THE ARAPAHOE COUN Y BAR ASSOCIA<I N EDWARD B. LEE, PRESIDENT DECEMBER 12, 1980 1 have just received wo rd from Judge Kell ey th at , effective January 1, 1981, a por ti on o f J udge Kaylor's Juv enile docket will be transferred t o Judge S t einhardt's Divis~on in Auro r a. He r Di v ision will then consist of domestic relat~ons and ju veni le matte rs only . Her existin g civil docket will be re-assigned to Judges Sh1vers, Lee (in Aurora), Eas o n a n d Gately. The r easo n for thi s ch a nge 1s t ha t J u dg e Kaylor 's j uven ile docket is so over -c ro wde d tha t he simply canno t handle th e sheer number of hearings wh1ch are required o f th e Juve nil e Div1sion . In addition, there is a ser1ous risk tha t certain s er~ous juv en ile cases will be dismissed under the 6-mon t h rule u nles s he rece1ves immediate ass istanc e from a nother division. It is impo ssi ble for Judge Kaylor t o t im el y hear all jury tr~als presently set in his Divi sion , much less conduct a 1 pre t rial and post -tr~al hea rin gs a nd advise ments. Thus, a substantial port~on of his docket must be re-assigned . This ~han ge in docketing will res ult in s ome ha rds hip to t hose counsel (and their clients) who have civil mat ter s set in Judge St~inhardt's D1vis1on . However, every effort will be made (up on re-assigning said matters to Judges Shivers, Lee, Eason and ately ) to hono r the he ari ng dates already obtained . This, of course, will be impossible in some instance s. It is h ope d the Ba r will und erstand the necessity of this ch a nge and will cooperate fu lly with th e Court in this tr a nsition . EBL /jd • I • • • • • - ME MO TO: Ma yor and Members of C~ty Coun cil F ROM: Ri c k De Witt, Ac ting City Attorney DATE : December 17, 1980 SU BJECT: Reass ignment of Cases I am attaching a copy of a memo . I received December 17 , 1980 from Ed Lee, President of the Arapahoe Coun t y Bar Assoc iation, concern ing reass ignment of cases before Judge Steinhard t. Thi s re assignment wi l l hav e significant effe t on the City of En gl ewood. An overview. In the pas t , thr ee J u dges in Arapahoe County have heard our cases --Eason, Gate ly a nd Ste inhardt . Judge Shive rs do es not he a r o ur cas es and Judge Le e has o nly heard one c ase of ours due t o their pa s t as s ocia tion wi th the Ci ty as our legal advisor s . Judges Greene , Kelley and Ka yl or deal with criminal and j uvenile cases, and the City, in its corpor- ate capacity, does not use their services. With the loss of J u dge S tein h ardt, two cases wi ll immediately be rea s signed , John W's d /b/a The Dart Board, an d City v. Dutcher, e t al. However , it cuts down by 1/3 the Courts avail - able to t he City . In a ddit~on , the Court s th at a re availabl e a re mo r e intensively used by the public . An addi i ona l po i nt i s th at regardle ss of Ed Lee's optimism , dates in Judge Steinhardt 's Div i sion will not, as a general rule, be pre s erved on reassi gnment . Only in t h e simp l est ca ses will the dates be kept. Ou r cases genera l ly are more complex r e quiring more resea rch than the run of the mi l civil case. Ou r cases will not be heard as expeditiously (if that i s even the correct term) a s in the past. bb Attachment • I • • ?t;. J n n • • • • Ot;N'!'Y BAR ASS !ATIO • 3470 outh Sherman Stre t, su.te I En ,Jle od, Co!orado 0 11 0 761-59 10 ':'(); ALL ME.'-\BERS OF THE ARAPAHOE COUNT¥ BAR ASS OCIA'!' N FR EDWARD B . LEE, PRESIDENT DATE: DECEMBER 12, 198 0 I h ave j ust rece~ved word from Judg e Kelley that, effe ctive January 1, 1981, a portion of Judge Ka ylo r's juv enile docket w ill be transfe rred to Judg e Steinhardt's Divisi on ~n Aurora. Her Division will then consist of do mest~c relations and juvenile matters only. Her e x i s ting civ i l docket will be re -ass igned to Judg es Sh i vers, Le e (in Aurora), Eason and Gately . The reaso n for this ch a nge is t h at Judge Kaylor's juven~le doc ket i s so ove r -crowde d tha t he si mply canno t h a ndle the sheer number of hearings wh ich are required of the Juvenile Divi s ion . In a ddition , th ere is a ser io us r isk that cer ta in se rious juvenile cas es wi ll be d~smiss ed under the 6-month rule unless he rece ive s im med~ate ass istanc e fr om anothe r div isi o n. I t ~s impo ssible for Judge Kaylor to t ~mely hear all jury tria l s presen ly set in hi s D~vis ion, much less conduct all p retrial an d post-tr~al h earings and a d v i sements . Thus , a subs tant~al port~o n of his docket mus t be re-a ssi gned. This ~hang e in docketin g will result in so me ha rds hi p to those coun sel (and their cl~ents) who have civi l mat te rs s et in Judge Steinhardt's Divis~on. Ho weve r , e very effort w~ll be made (u pon re-assigning said matters to Judges Sh ive r s, Lee, Ea so n and Ga tel y ) to hono r the hea rin g dates a lready ob ta in ed. This, of course, will be impossible ~n som e ~n stanc es. It is hope d the Dar will under sta nd the nec e ssity of this change and will cooperate fully wit h th e Court in this tr ans ition . E BL/j d • I • • ( • • • • ME MO TO: Mayor and Members of Ci y Council F ROM: R1 ck DeWitt, Acting City Attorney DATE: Dec er 17, 1980 SUB JECT: Reass i nmen of Cases I am attaching a copy of a memo . I received December 17 , 1980 from Ed Lee, President of the Arapahoe County Bar Assoc iation, concerning reassignment of ca s s before Judge Steinhardt. This reassignment will have significant effect on the City of Englewood. An overview. In the past, thr ee Judges i n Arap ahoe County have heard our cases --Eason, Gately and Steinhardt . Judge Shivers d oe s not hear our cases and Judge Lee has only heard one case of ours due to their past association with t h e City as our legal advisors. Judges Greene, Kelley and Kaylor dea l with criminal and juvenile cases, and the City, in its corpor- ate capacity, does not use their service s. With the loss of Judge Steinhardt , two c ases will imme diately be reassigned , John W's d/b/a The Dart Board, and City v. Dutcher, et al. However , it cuts down by 1/3 the Co urts avail- able to the City. I n addition, the Courts that a r e available are more intens i ve l y used b y the public . An additiona l poin t i s that re gardless of Ed Lee's o p timism, dates in Judge Steinhardt's Division will not , as a general rule, be pre s erved on reassignmen t. Only in the simp les t case s wi ll the dates be kept. Our cases generally are more complex requiring more research than the run of the mill civil case. Ou r ca ses wil l not be hea rd as expeditiously (if that is eve n the correct term) as in the past. bb Attachment • I • • ( • TO: FROM: DATE : • • - ARA PAHO E COO t ,y BAR ASS OC: TION 34 7;. South Sherman Stre • 1 S:.t t u 112 Engle od, Colorado 80 0 761-5 9 10 ALL MEMBERS OF THE ARAPAHOE COUNTY BAR ASS OCl A'riO EDWARD B. LEE, PRESIDENT DECEMBER 12, 1980 I have j ust received wor d from J udg e Kell ey that, effec t i v e January 1, 1981, a portion o f Judge Ka ylo r's Juven i le docket w ill b e transferred t o Judge Ste i n ha rdt's Divi sio n in Aurora . Her Di visi o n will th e n co nsi st of domestic rel a tions and j uvenile matters only. Her ex~st ~ng c~vil docket will be r e -assigned to Judge s S hivers , Lee (i n Aurora ), Eason a nd Gately . The reason for this cha nge is that Jud g e Kaylor 's juvenile docket is so ov e r -crowded th at he si mply c a n not h a n dl e the sheer number of he arings which are require d of t he Ju ven i le D ~vision . In a ddition, there i s a ser~ou s r i sk th at cer t a i n ser ious juvenile cases will be d~smissed un d er th e 6 -m onth rule unless he re ceives immediate ass ista n c e fr om an other di vision. It i s impossi b le for Judg e Kay lor to timel y hear all jury t rials presently set in his Divisio n, much less conduct all pretrial and post -tr ia l h e ar ings and advisemen s. T h u s , a s u bstantial port~on of h~s docket mus be re-ass i gned, Th~s chang e in d ocke t ing will resul t ~n ome hardsh~p to those coun sel (a n d their clients) who ha v e civ i l matters set in Judge Ste1nhardt's Divis1 on. However, every effort will b e made (upon re-assigning sa id matters to Judges Shivers , Lee, Eason and Gatel y ) to hon or the hearing dates already obt al ned. This, of c o urs e, wi ll be impossible 1n some ins ta nces . It is hop ed th e Dar will understa nd the necessi t y of this cha n g e and will cooperate fully with t he Court in t hi s tr a ns~tion . E BL/j d • I • • . I I • . .. ..... -.. TATE 01' C'OLO R~DO . ) ) ... COt \T\ O F ARAP~H O E .) TO : TO : IN TH E WH TE R O F City of En gl~wood ... Paulin e Ha:he •·s & Ki!c v B. Mat he ws · En g lewoo d Board o f Adjustment & App~""'---· Rick De Wi tt Assitant Ci ty 3400 S Elati Eng l ewood , Co Steve McBr i de Anorney 80110 1979 W Litt l eto n Blvd . Littleton, Co 80120 • • • C l \ I L ACT IO '0 19cv 85.] DIY --2__ t NOTICE OF DISMISSAL R ULE XIII (Attorney ___ ror Ddendant) You arc hereby notified that on the 20th day of January, A.D. 1981 , the openinaday of tbe January Term,tbeabove-.,ntitled action will be dismissed with prejudice pursuant to Rule XIII of the Rules of the District Court of the Eiahteenth Judicial District of the State of Colorado, unless progress has been made of record, or an Ordor to retain on the docket is entered of record , before Torm Day . WITNESS my hand and the seal of said Court, at Littleton , in the County aforesaid, this 12th day of December. A.D. 1980. EILEEN M. MANNING ., : ::~ Cl~rk of the OlStnct Court By >2- O.puty -----·. ·---~----------. • . ~ ,. .. -. II ., I .~t .. ,. I ,· ~ I 1 . .... ... , ~· -. . '· . '. '\ ,· • >','I .e.' .. • ,. ·'"' ... ~~· . ·', I' .. .. .. ......... ' , ... ~, . ~·--. !.; • ··-:~ •.. ~ .... , 'J.~·~ ::. ... ~·. ~-~-.. ··- .)~· . ' . ;.~-. I • • ~ I ! I ·• • I • • • • • • IN TJU: DISTRICT COURT IN AND FO R Till: COUNT Y OF ARAPAH OE AND STATE OF COLORADO Civil Action No . 79CV1 084 , Di v . 1 3. PAULI!,£ HA THE~/S and WILC Y B. MAT HE IIS , va. Pet itionera, CITY OF ENGLEWOOD, a Municipal Corporation o f the State of Colorado, and GARY PITT•lAN, an agent thereo ~, and the BOARD OF AOJUSTM ::iiT AND APPEALS OF THE CITY 01' EiiG J..£1/00D, Re a pondent s . ORDER TH I S !·U'.T'i'ER, havin9 co-o n f or hea r ing on Stipulation of the partiea, and the Court, h av~ng r~viewed the file and Stipula- tion of counse l, hereby entera ita Order aa followa: l. The Court hereby vacatea any previoua Ordera entered by it in thia matter bearing Civil Action No, 79CV1084, Div. 1. 2. The Court diamiaaes thia matter, Petitioners no longer beinq entitled to relief. DONE and signed thiall_day of Da .. .y.....J....-- BY THE COURT: J'udga APPROVED AS TO FORM: By--~~~~~~~~~~--~--~ McBride t7154 At t orneys for Petitioners 197 9 ~1 .. Littleton Blvd . Li t t let on , CO 801 20 795-6677 c~~):-~-D~·.-------------- BY.. ·6~..!--...-------· --. Ric): De i'IJ.tt #.;795·-Assist~n~City Attorney for Responden t" 3400 S. El'!ti, En g ].e N"OOd, CO 76 1 -114 0 80110 • 1980 . ... ~ I II ., ·. /: I •• '. . ~~ ~-~ l ,. . ~ '....-· .;~ ' ... I • ·j· ·. I • • r I • • ( .~ I I I .i 1 I • • .. • IN 7~-DISTRlCT COURT IN ~~D FOR TH~ Cvti!,TY 01' ARAPJUiOE AND STATE OF COLORADO Clvil Action llo . 79CV1084 , Dlv . 1 J . PA ULH.E I·IATHEHS and WILCY B . MATHE11.:;, vs. PetiLl.oners, CITY 0!' ENGLEWOOD, a Municipal Corporation of the S t ate of Colorado, and GARY PI'l"l'~lAN, an agen t thereo ~, and th~ BOARD OF ADJUSTM :::lT AIIO Ai'PEALS OF THE CITY OF EllGi.EIIOOD, Respondents. ORDER TH I S !·U\'fT ER, having come on f or hearing on Stipulation of the parties, and the Court , having reviewed the f 1le and S tipula- tion of counse l , hereby enters its Order as follows: 1. The Court hereby vacatea any previoua Order• entered by it in th1s mette r bearing Civil Action No. 79CV1084, Div. 1. 2. The Court dismisses this matter, Petitioners no longer being enti tled to relief. CONE and signed this.Y_day of ~ BY THE COURT: J'udg e APPROVED AS TO FORM: D RINK~s~~? & ~lcBRIOE ~ By>-~~4k t715 4 Attorneys for Pet itioners 1979 W. Litt l eton Blvd . Little ton , CO 80120 79 5 -6 677 c?~mx~o .. ·-- BY. ~:.-.... -------· --. · Rici'f'oe e~i t~ i095- A ssi st ~n~Cit y Attorney for Respondent~ 3400 S. El ~ti , En g ).~t>~ood, CO 761-1140 30110 • 1980. " . ., - ;' .. .. ' .. . '.) . ·:· ··~· . . . ~.;r \ I • • r I r ' • ~ i I ·! 1 _1 I • • • Ill THE DI STRICT CO URT IN AN D FOR THE CO~TY OF ARAPAH OE ~NO STATE OF COLORADO Ci vil Act i on No. 79CV10 84 , Div. 1 J. PA ULI!•£ llATI!l:t!S and WILCY B. MATHEI<;:l, va. Petitionera, CITY OF ENGLEWOOD, a Municipal Corporation of the State of Colorado, and GAilY PITTflAH, an agent thereat, and the BOARD OF ~DJUSTM !>IT AND A?PEALS OF THE C TY OF Eii G.L.EIIOOD, Reapondenta. ORDER THIS l·u;TTER, having come on for hearing on Stipulation of the partiea, and the Court, havinq re.viewed the file and Stipula- tion of counsel, hereby entera ita Order aa followa: l. The Court hereby vacatea any previoua Ordera entered by it in this matter bearing Civil Action No. 79CVl084, Di v. l. ~. The Court diamiaaes this matter, Petitioner• no lonqer beinq entitled to relief. DONE and aiqned thhll_day of ~ BY THE COURT: Judqe APP ROVE D AS TO FORM: McBr i de f715 4 Attorneys for Petitioners 1979 ~~-Little ton Blvd. Li ttleton, CO 80120 795-6677 c~~J~--0~~------------- BY. ~~---------- -RicJ1"D e l-11tt f L. 795-As s ist~n~i ty Attorney for Respon d ent!:i 3400 S. El~ti, En g !.<>t<OOd, CO 76 1 -1140 80110 • 1980 . "J . li ~ • ·..t. f , . ... ... , ..... ( ,.~ t .: ., .. ·. . · I • • r I (' • I . . .! ·I 1 I • • • Ill T IC DISTRICT COURT U ~ID FOR THE CO!Jt,TY OP ARAP AH O£ AND STAT£ OF COLORADO Civil Act i on No. 79CV10 8 4 , O~v. 1 J . PA UL I ~£ l!ATHE ~IS and WILCY B. MA THE I1$, vs. Peti t ~oners, CITY OF ENGLEWOOD, a Municipal Corporation ot the State o f Colorado , and GARY PIT'l'UAN, an agent thereo f , and the BOARD OF AOJUSTM";;,;T AtiD A?PEALS OF THE CI TY OF EiiGLEIIOOD, Reapondents. ORDER TH I S I·U\TTER , having come on for hea ring on Stipulation of t h e parties , and the Court, having r~tviewed the file and Stip ula- tion of counsel, hereby enters ita Order as followa: 1 . The Court hereby vacatea any previoua Ordera entered by it in this matter bearing Civil Action No. 79CV1 0 84, Div. 1. 2 . The Co urt dismisses this matter, Petitione r s no longer being entitled to re l ief. DONE a nd signed thisy_day of ~ BY THE COURT: J udge APPROVED AS TO FORM: By?-~~~L;~M~c~B~r~~~-d~e~~--~~~7~1~5~4r- At t orneys for Pet i tioners 197 9 ~1 . Li ttlet on Bl vd. Li t t leton, CO 8012 0 795-6 677 c~~)o __ o_o_·~.---------- ey_ .~.:.-=.::. ---------· --. Ri c)t De lt_~tt #t, 795- Ass i s t ~n~Ci ty Attorney for Re sponde n t!i 3 4 0 0 S. El:!ti, Eng ).'3:N ood, CO 761-1140 80110 • ' 1 98 0 . ,v ~ I ' ,: . ·:· I /·.~ '·. I: I -~ .·. ~· . I J:· .. • .. ·- . ~ .,. '(' ... ,, ·"·!_\.,,; .. ·,~:~\~~-: \ ·'l '· . I . . '·· : ~ ; ; ', ...... ;.~ . . •. fJ"Jl_·, '1 ·. , .. ... ,\ I :1 ~ ' J I • • ( I 0 • ( • .. STATE Of' C'OLOR~OO. ) ) S5, COt \T\ Of' ~RA P~H OE I I 'THE IHTTER Of' City of Englewood ... >:;lev B . ard o f Adj ustmen t & App Oifl.IOd .,., __ _ TO TO : Rick Del.'i tt Assi tant Ci ty 3400 S Elat i Eng l ewood , Co At t orney 80110 S teve McB r ide 19 79 W Li ttleto n Blvd . L i t tleton, Co 80120 • • • THF. 0 •TP K'T CCA. RT Cl\ tl ~0 10 \0 •1!..Sl otv -2.__ NOTI CE O F DIS\fl S Al Rli lE XIII (A t torn ey_ f or Defenda nt) You are hereby not ified that o n the 20th da y of Jan ua ry, A.D. 1981, the opening day of the Jan uary Term , the above ~nt i tled acuon w ill be d ismoss ed "'ith prej udice pursuant to R ule XIII of the R ul es of the Dist ri ct Court of the Eighteenth Judicia l Dist rict of the State of Col ora do, unless progre ss ha s been ma de of re cord , or a n Ord er to reta in on t he dock et is entered of record, be fo re Term Day. WI TNESS my han d a nd the seal of sa id C o urt , a t Li u le ton, in t he Co unt y afo re sa id , this 12th day of Dece mber . A D. 1980. EILEEN M. MA:>:NIN G Cle rk of the D1s tr•c t Coun By-S2- Deput y . ···-·-... . ~ .... ,.._ .. l ----... ___ ---·-----. ,. • r d ., .. ii •· t • ,· ..... ' I I • • . I I • • • - STATE Of' COLO RADO , ) ) ... COI 'NTI Of' ARAP~HOE ,) IN TH E DIHRICT C'Cl'RT C l\ IL ACTIO/\ \0 29cvS,SJ DI V.--2._ TO : TO : IN THE It~ TTER Of' City of Englewo od ... P I &H'ItJ (( ___ • Pauline Mathe,.·s & ~1 ilcv B. Mat hews · Engl~wo o d Board of Adjuotment & AppOIIW.J.,, __ _ Rick De Witt / Aaoitant Ci ty Attorney 3400 S Elati Eng l ewood , Co 80 11 0 Steve McBride 1979 W Lit t l eton Blvd . Littleton, Co 80120 NOTICE OF DISMISSAL RULE l(IIJ (Attomoy_ for Defendant) You ore hereby notified thot on the 20th doy of Jonuory, A.D . 1981, the openinaday of tile Jonuory Ttrm, the abo~-cntitled oction will be dismisstd with prejudice punuontto Rule XIII of the Rules of the District Coun of the Eiahteenth Judicial District of the State <>f Colorado, unless proaress has been made of record, or on Order to reto in on the docket is entered of record , before Tum Day . WITNESS my hand and the seal of Slid Coun, at Linltton, in the County afortsaid, this 12th day of Dtctmber, A.D. 1980. EILEEN M. MANNING Cleork of the D15trJc t Cuurt By-S2- Deputy . ·--·-.. ·I --.--. ·---·-----------. ·I II ., I ~-~~ . . '~ .. ' •', .... _.,, . -:, I • • ~In ., I I • STATE Or COLO RA DO , ) )u. COUNT\' Or ARAP AHOE .) IN THE ~lUTER Or Ci t y of Englewood ... .. Payl ln e Mathe•·· & nJcv B Mat he ws · En glewo o d Bo ard of Adjustment & App_.lli:l.,,_ 1'0. 1'0: Rick DeWitt Assitant City 3400 S Elati Englewood , Co Attorney 80110 Steve McBride 1979 W Littleto n Blvd . Littleton, Co 80120 • • • I" T HE DIHRICT C'OL RT Cl\ IL A CTIO~ :\'0 NOTICE OF DIS MI SS AL RULE XII I (Attorney_ (or O.ftndant) You a~ hereby notified that on tho 20th day of January, A.D. 1981, the o~nina day of the January Term, the above-<ntitleclaction will he dismissed with projudice pursuant to Rule Xlll of the Rules of tho District Coun of tho Ei&bletnth Judicial District of the State of Colorado, unless progms has ~n made of record, or an Ordor to retain on the docket is entered of record, beforo Term Day . WITNESS my hand and the seal of said Co urt, at Liuleton , in 1he County aforesa•d . I his 12th da y of December, A.D. 1980. EILEEN M. M;AN NJ N G Clu k of tht DJS tnct Cou rt \~t{ .. · .. .. _ ·-------------------------~~~----------------------------------~ • ·-~·~· -... C1\il C a~c:-s . '·---.... -. --. --------------. • ·I I ' " !i I · II 'I j ' .~~, ..... -. • r ;, .... / .. -~· '· . I • • • .. I I • • ,. • 1•., &H I l'tl!,ai ll ( 01 kf II< ~"-1 I Ok IIIF. ___ C(JU• TY OF _l\upahQo ~I. \I 1 U l <.01 (11(1\0Q '! \ll N H~STON, Pl ai nt.J f , vs. C l 'l'\' Of ENG I,EI>OO D , S l 1 M~10SS De fendant. -----·-------RECEIVED DEC 9 19Bo IIII .I 'IOI'I.E Of I'H E SI'ATEOFCOLORADO 10 I I IE A !JOVE NA ~!E DDEFENDANT__; YC\11 ;111.. hr1cby ~unuoon~·d :lnd rc-qu irl!d to file. \\ ilh the clcrJ.. of1his c-our1 :m answer or olhcr response 10 tl•c :.u .. ~..h~;d complaint. I( service of thc summons and complaint "a' mttde upon you wilhin lt1c S111c of Ct •lcu:taf\l , you nre r~o.quir~~d IO file your ttns~cr o r other ruponse \\ilhin ~ cb)'1afler such 5ervice upon you. lf .... 'n l t•f 111~ !I.Uuuuun,. iiiJll ~o.<uupl .,ln l "·"mon ic: u pl•ll ) ou out .. iciC' of the St;uc ofColor11rlo. ycm ..rc: rcquiH:d 10 fl k )••qr ::0 \\1,(~·:--or lll loc r tl'~ponse within ~0 da>·s af1cr 3ouch ~e:n·i cc UJ"'OO )'OU . f'l .··.d I '• DECEMBER 3, ____ 19 ~ ......;:··v '·~ ''\/ r ,:· \\\) •(-- ~ ~:, • . "'.),. .. : I Tel: Addre!>~ Clf /\no m ~)' 571-54 66 l~ .~.'t;JC :i ~/ ::.-~· ,~:·: ·.':~_:~~~~~~~;~J;, ':: ~-:7: <~~:_: ·;·.~::~-;;;~~~·::,~~:"c '·""' """' :,· ""' J .. ;:n l i :· i. .. · -. :;, , .. , .... ._ .. ~ r. :I • ::.: l •. ~ · ,~ '"··--: 1 \., •• ~="" ~ .. : :. ~: ·=:. r ... 1 ~~ , ;;., ~ • ~I .·r .u ~ , ~ ll ••. 1·: .. •. ,,,IJ f'l r;,•\ .kJ :•, ...:. :";'!. ,,; :.•:'·-. ' • 1:"11 ~.: ,;-.•• 11 •11•: L '1 r>f I I .· .·:l.•."l •t·~ ·, • .: ;, . ,. ' '. ·I .· ...• .., ...... . i ·i . I • • D • • ,. • IN llltc; OJ S l<l I.."T f'Ql))<T t:J A '' HI< 'nil. I:OU~ J'Y Ut !II:JII'AIIOE II\ j j 01-" COI.OhALJO ClVll Ac 10n NO . h.J ltl HUSTON, vs. 1.."1 'T Y OF' ENGLE\1000, Oafend a n t . C'Ottr:s NON Lhc P l.,ln t l ff, lJy .-.n d throuqh h j s attornoy, C . J . R~RA ROINI, a nd s Late s , all ege s a nd avers as followa: 1. That the Pla 1 ntif ! was charged b y t he Defend a nt with d1sorderly conduc t pursuant to the Defendant's Municipal · .. I Ordinan ce s on or about Dccc~er of 1979. 2 . Tha t the Pl aJntlf f nc-g l~ct~d to pay a $60 fine os a rc5ult o f sa1 d charge and wa s th e reby arrest~d by age nt s of the De f endant . 3. That the Pla_n t l ff pos ted a SlOO bond to secure his r~l c ase fro the )al l of the Defenda n t . 4 . That on hear1ng of the ch ~r ge s a g ai ns t t h e Pla in tlf f, ;.'l~ !'f''"<.r,rl-1n l""i ·Oscd a otal flnc o f $11 4 .00 . 5. Th a t a n a gent f o r t he Defendant ass u r~~ the Pla lnt lf ! £. That ~he Plalnt:f~ p~.d th e add1 t 1on~l Sl4 on o r I ....... .:·._ ··J .}.,, .·Je: un u ,.,.:.J~ l .. d.: ... a n U:'l"rOwn ag :..nt o f the· DC!ft:nc:ant • -1- • • t' -:' •\ ~ ~: ... (.; ' ~· ·~ ( .. ' :. ... . ' ... . . . I • • • • . . • L-\·, 1 ftvc h n u1s 1n Lhc J(!f rson Coun l y Jail ~ncl 'looua acqu1.rc:'d to p,;ly ... B':i .OO uon• on the f1nc wh1ch hn d hc:cn fully f'Clld. 10. Thal he acL1ons of he Defendant 1n falling to rt.;cord full pa)'ren 't of the subJect f1ne and 1 n l.&Sulng the warrant f<.J c lhc PlcllnLJ!f '~ urrcst, coupled \ol'lth Lhe a clual a J:tcs L an d Jncdrc~r,l 10n o f lhc Plaintiff , cons 1tu Le f alse ar r es t a n d f a l s e ll!'lpr 1 sonn;cnt. 11. Th at as a di rec t and prox 1wat e r e sult o f the a c t ions o f he Defenda n t, the Pla1nt1ff h a s been d a rn a 9 ed i n t h e amount of $7,50 0 for r•cn tal and emotional angu1sh , hum 1l i.Jt t i o n a n d loss of tlme . HIIEREFO RE, the Pl u n t if ! p rays !or judgment a ga i n st the De f e n d a n t 1n the amo u n t of $7,5 8 5 , for costs inc u rred i n the pur- su1t o f th1s l i t igation, and f or s uch o the r and further relief aa t he Cou rt ma y deem JUS t a n d p r ope r in t he premiaes. Atto r n e y for Plaintiff hddress of Pla1nt1ff: 6533 Kipllng ~rva~a . Colo rado 80004 I -2 - • I I I ~ r - . . -' ' . ~! •• 1 • I ~ . . ; < ' .. '· ,.., . .J., .. .. .. -~ -.·~_\" ~~--i .... . ' ...... ···.:··~ .. ~ . . '· ·f . ..... I • • • ( • • • I .. r(!VIN HUSTON, PJ ainL1ff , vs . Cl'J'Y OF ENGLI:;I•/000, De f e ndan t . • • - ) ) -) ) ) ) ) ) ) _________________) 111 1 I 'I'Ol 'LE Of T l I E STAT E OF COLORADO l U I I IE 1\UOVE Nil ~! E D DEFENDANT____: t I OIJitT II' II Ill Ok IIIF ___ co u; TY OF_JillPJOh_QC ~L\11 OH.OI (>lt/1 00 c,,~Nn -_ RECEIVED Of C 9 1980 )\HI ;11 c h e rr b)' !'Ununun"'d and rc-qu i r\!d 10 file wilh the clerk of I his c-ot1r1 an answer o r other r~:sronse to 1l 1e :1 \I At hcd complaint. 1( s.cnticc of 1hc su mmons and complai nt \\iil!ro mi'dc upcm y ou within the Stale of C"l'•J:ufo). )'011 n rc r. .. quir~'d 10 file )'o ur <t OS\4er or Nhcr r c ~ro nse: \\ 1t h in 10 da)-s ancr such 1crvice upon you. Jr .,~,.1 \Ill uflli~o: >u•u•••on,. :'''" t.cunpJ.,inl ";'' 1u :ulc Ill'~'") Nl ou l ~<>irl c o f I he St:tlc nfColonuto, )'('Ill a rc rcqui ":d IO ril l·)'''' .~n .,\\C:'" or l •IJ,er r c~pon sc wit hi n 30 d ars after such foen ·icc Uj"'O n )'OU . II )1•u f.ul 10 f1 lc )'"u r ;,n,.,.,·cr or o ther 1 c ~r .J nse 10 t he c omr l o~int m "lilin& w ithin lhc: .llf'rliahlc time p . 1 ~1. J uJ ,.:mr nl h) d t.f.1uh m3)' be c:ntcr ~o:d :o~.:U n'l ) o u b y t he c ourt for thr rel ief d:m:1 nd in \he c.ompbinl ~.:l .. ·ut fJ n h(:r noucc . ---- None \ ,.- DECEMBER 3 , f'_,,,d --______ ,9l_Q__ J.'' Te l: Ad:!t c !>" flf .>\nom:)' ;n-5466 t ·i: ;-;. ! :·. ,. ::·--. •:;~ i ' ,.~-....:~ ~--~ :! ; :!.:t ,.' :1-:~ c-.· .. -:. th~· ~=.;-~ .. :. :;.· \..:,\:-~. r .. · ~~~ l i~·1:. ,•:r .u ~ , 1 1! ••• ~·~ .. 1. ,,,J J r •~o: r :~·\ ~LJ t·. ~:. ; .. i'. t •: ;_, :"'·-.... ·. 1n ~~~· .. ~ .•• t .•t il: L n ('I( ti.: .·:1, •. ,,:·~ ':- • : . . ~ ~ ,,, ,. ~ ...... ... > ...... .; . ·~! . ., I l -· I • • ' n ( ( ( • .- ' ·.,., • I • • ,. • 11'< Tilt: Lll!>TI1CT •:OUI<T ! '1'-' I I ' Ul' COI.OIVILIO C 1 v 1 1 Act on ~o. hl\W IIL STON, P laJnltf!, vs. CITY OF E>IGLEIIOO D, O<:fcnd ant. COtH:S NCKoJ the Pl .11n t1 ff , by ,1 nd through h js attornoy, c . J . Rt-:RARDINI , and states, a llc(]e s and avers •• follows: 1 . That the Pla int>f f was charged by t h e Defend•nt with d1sorderly conduct pursuant to the Defendant's Municip•l Ord1 nanccs on o r about Dc ccnber o! 1 979. 2. Th Dt the rl ~lntl(f n~g ]ected to pay ~ $60 fine D& ~ r c ~ult o f sa1d c h arge an d was the re by arrested by ag~nts of the De fe ndant. 3. That t h e Pla i nt1ff p o sted a 5100 bond to secure his r~l c ase from the jail of the Defenda n t. 4. Tha t on h e ar 1 ng of the charges a g a 1ns t the Pla in t1£f, L11C Or r cn~~n t i~pOSQd a Otal f1ne o f 511 4 .00 . 5. That a n a gent for t h e De fendant assured the Pla1n t iff ~~at ~~c tlno ~end w o ul ~ be use d t o satlsfy-the !1ne imposed . (. That ~he ?~aintif! pa:d t h e additi on al $1 4 on or : .. :;...;-... .• :i 3.~ .... ·,)au unc.i .. a.5 < lC Ly a n U'"l .. r.own agent of t11c D<=fl!nf:a n t ";-, ,,. C· n r iolou +-t :r: •• :=t }';, 1r.1.~0 t he: l"l rtlntif f \oo.r1S E. :~a : t ~e ba s is 5o ~ s ~1d arrest wa s for a ~~rrant ; ; r .~ • I .. • -- ... ., ~ ~' I ., ... '( .. , .. , I' · .... : ... I • • ( I ( • • • .. • 9 . that .:ts a .&.l·~ull: o! Uu:~: • .ur'-.;:.\.: Lhe fllct nlt f! ~vc·n t \ r f.&.v t.,.u l~ 1n the Je-lh.:1 • n County Ja1l oJnd ~ub t CCJ utrcd to 10 . T hat the ac 1ona of the Defendant 1n fatli ng to ~~cord fu ll ~ay~en t of the &ub)ec t fine and 1n 1 ssu1n g the warr ant fu r tt1c l,l ~J nLJ!f ' u rre&t , coup l d WlLh the actual arre st and incdrc~r •• Jon o C th~ Pla1nL1ff, constt tute f alse arrest a n d false 11 . That as a d1 rect and pro xt~a te resu l t of the act1on s o f the Defend a n t, the Plalntif! ha s been da~a g ed in the amount of $7 ,500 for r'IC'ntal and emotion al angutsh , h wnlli At ion and loss of tlme. ~!IIE REFO RE, the Pla~ntHf prays f o r judgment aga1nst the Defendant 1n the amount of $7,5 85, for costs incurred in the pur - su1 t of thts l itigation , a nd for such other an 4 further relief a a th e Court may deem jus t and proper i n the premises . hddre ss o ! Pla1nt1f f : &533 K1pl1ng ~r v ad a, Co lora do 80004 '(,?~ .. C.,~ Berard~nl, Reg. No~ 2~0 West 1 4th Avenue , No . 102 qepve r, Colorado 80204 Tel: 571 -5 466 Attorney fo r Pl a intiff -2- • ~- . -. . \ .. ,~" 1 t . .. ~.. ... , .. ·' ' \' r·. -· .. .'·I ~~-~~ ,.;;_··: i "'·. . ........ . •• ''.!~~"") ' • "•'lw . " ;r,-.. t·t· ~- I • • ( • r • ·" I • • .. - l . It ,. \; t(!VIN HI.:STO N, vs. Plain ll ff, ) ) . ) ) ) 1'11111 Ill\ ill I' Ol IH It> A lliOI< lit E ___ C( u:•lYOF_I\n patJso ~ 1,\ II. 01 LOI (lf( ~Do ' . :·' .... · I . ! .. CI'l'Y Of E NGLEivOOO, ) ) ) ) ~\11\I~IOSS • 'i ... ·"! __________________ ) RECEIVED De fendant. ·.4;,.· . ~ .-., ·~' DEC 9 1980 _J :JO fm lll'f. OF f1IIAII:I ~ ' .. • ' ,. ·, : IIIUHll 'l.£01' l'llESTATEOFCOLORAOO --;.'~,, •:.,:.. < '10 IIIEA UOVENA ~!E DDEFENDANT~ -~~?.~~ ··:· .":• 'J 'ou ,,,c hc•cb)' ~u m mun,·d and rcqui rc d to file: ''ith the cl~rk or1his C'OUrt oan answer o r other r~nse to :: ·~ : ·~· :>. 4 the :1t1~'hc d complaint. I( s.cn•icc or the summons and complaint wa!o ma-de upcm you within tt•c State ol :~:.:~·~.·-~:./. ·~ Cl•lni:Hf\1 , you nrc r..:quih·d to file your "'"s"' cr or other r c'ronse within ~ da)"' afacr ~uc.h 'ervice upon you. J( ~ "''-'\Il l ,.r 1111.: ~llll lii!Uib ;!tul (.(llll('l •• int \\ ;, ... IU:nlc llr'ltO) QU Oubidc or I he. S!<tiC" etfColonuto, ynu :.rc rccauirc:d IO -~: •. ~ .• ~ ,j\l. fik l•"'' ''""'·<'or oil ocr rc>ponse wi 1hin 30 dars aflcr such service uron )'<>U . ;.'~·~;·:~:; :· '· If )"U fo~i llO file >'''ur ••n!l. ..... er or uthcr JCSf'.)nse to ahc comrlainl '" ,_,.rilin' wiahin lht: ~ap('liablc litnc t.· , f't · ···"!. j u Jc:mc-nl h)' dl'f.,ult rna)' be c niCh.'d :ot;Un~t )OU by the courl for tht rdid d:mo.nd in lht ct1mpbint .. t .£ ~· ,,:l .. •ul f:ml•crnouoe . /~~ 1.·.;·_ ·nu· f o1 hm'lnl,: d u;:umcnts Jtrc aiM• c;e r vc:d t•c-rc .... ith: None /,'Y"'~"'<t~ ·"·' ,rrC 'Ii'~tl\ ' I' ........ u Q(Cl CJ \9S'l"'j \~ cq<\l,_.,...,.. ~_..., DECEMBER 3, l'.·•.d ______ I9..§..Q_ 1· ·' 1.:. ;·;. ~:· ... -:~·-·:;,, .. , ...... .:~t--.:! :~.:\ ··':~\c.· .. -:.t ~ ••. ,= __ -.:. _,..: .• :~.r .. -.~~ .. :.-!:,,•.·r ·''~ • r J! • ,, I'! .,•, •,-IJ !'\' r :,•\ -~1.:.! ~·, .. :. :"jl. P! : .• ;"".-'. • In 1:-..: ';'· •• l o• t t..• I. 'I C'>f 1:.: .·:!,,,,,~·~ ·,. • ! I .. I .· .. . .. I • • ( .. • • • .. - If, 1111; OIS'fi<IL"T COUkT C1v1l Ac 1on No . ~I 'Ill II U!>TON , P la J n LJ.f!, \'5. Cl1Y Ot' E'IGLE\1000, De f end ant. COI-H'S NO\.J t h e P l.,Jn ttff, Oy .-.n d through his attornoy, c . J. tH·;RAHDINI, a nd states, alleges and ave rs as followa: 1 . That the Pla t nti!f was charged by t h e Def~nda nt with dlsorderly conduct pu rsuant to the De fe n dant's Mun i cip•l Ord i nances on or about Dcccnbe r of 1979 . 2. T h~L Lhe Pl~>ntlff n~9lected to p ay D $60 fine as ~ result o f sa1d charge a n d was thereby arrested by agent& of the De fendant. J. That the Pla 1 nt1ff posted a $100 bond to secure hi s r ('o]case fro the J ail of the Defenda n t . Th at on h e a r1n g o f the c harge s a g a irs t th~ Pla 1 nt1 ff, t'1c fif"fc r.r.~nt lr.Toscd a otal f1 n c of 511 4 .00. S. Th a t a n a gent fo r the De fe nd ant a ssured ~h e P la1nt1ff ~~~t ~~c ~100 ~and ~oul~ be used to s at lsfy-th e !1nc 1 ~posc d . (. 7hat ~he P:~tn~ ~! pe.d the ddd i t lOn Ml S l4 o n o r an un~~own ~9 nt o f til~ o~r~nian t r ••• •l.:.. ,·u~· •. c:t l", l"iP O t ':c r 1 rtl nt if f \-.ll S ·!·" ~f"-•• i:.-,'.. ··c.:-ar. alleqe::: f.!ll..J rC t c:-;.a} the llf orC'- -1- t ·• ,• I "" • • !, . -... "., ', ... ~ •• ~ ... --~~r :.:{~"".···' "' · .. ' ! I • • ( I • • • • 9. 'fhot. as a .tc.· ull of lhc l.U tL!:iol Lhe r1a1nl1ff ~pent v''' r fJ.vc '"'nrs 1n Lhc Jt"'ff~tson County .:nl .Jn<l '-1.1!:. rcqu1.1Cd t.o 1 l\' ~arl.OO lbOTC' on the f1nc wh 1ch had h<:cn fully plHd . JJ. rhat the acl1 ons o f the Defendan >n fal ling to ~~.:cot-d full !Jayr~ent o f the subJect fine and 1n 1asu in g the warrant fvr Lhc PlD111ll!f 's urrest, coupled w1 th t.he actual arres t and lOCdrc~ri •tion of the Pl 1ntiff, constttute false arrest and false J r:~p r 1 ~onmcn t . 11 . That as a d1rect and prox i~a te result of the actions of the Defendant, the Pla1nt1f! has been dawaged 1n the amount of S7,500 for f"''C'n al and emotional angutsh, hun1l 111tion and loss of t1 me. \o!IIER E FO RE, the P l a intiff prays f o r judgment against the Defend ant 1n the amount of $7,5 85, for coste i ncurred in t he pur- sutt o f th1s l itigation. and fo r such other and further relief aa th e Cou rt ma y deem jus t and prope r 1n t he prem1see. Addres s o f Pla1 nt1ff: 6:.33 Ktpllng ~rvaea, Colo r a do 8000~ 210 West 1 4th Avanue, No . 102 qepver , Colorado 8 020 4 Ttfl: >71-5466 Attorney fo r Pla>ntiff -2 - • f· r--. h' \" ;J . . .. .: I • • lo ( ( • r • I ·~ .. t<!Vl N H~STON, Pl a int.1 ff, vs. C 1 iY OF ENGLEI;QQO, De fendant. I ill I 'F OI'I.~ Ot' I lie S"IATtOFCOLORADO Ill I liE AUOVE N AMED DEFENDANT__; • • • 1·~ !Ill lll~lo I I Ul IH 11\"At.lliOI< IH E ~I.\ II 01 COl (>!1-\00 C ..... eNo S l l"tt\t0:\5 RECEIVED EC 9 19Bo You :uc hc":b)' ~ur mn on'"·d :md rl'quir..:d 10 me with th e c1ut.. of this court -.n answer o r o1hcr rnronsc: 10 til e: aHAchc:d c o mpt.jnt. tr scrvK.c or the summons and c o mplaint \'-ill'-made uprtn you wilhin 1hc Slate tl c,,,,,,~,..r\l , )'C'II t ;me r...:quih~d to file. )OUr o.n s"'cr o r other respo nse wi th i n~ da)'l after such servic.c upon you . Jr "·' \ n, ,.f llu: )UULitkJth ;tml (.ULn pt •• inl t\,,, u~ou lc urt.n) ''u out,iciC' of I he SHttC' nfColontdo, you :.rc rcqurfl d to fil e )•••;r .:nlii\\C': or otl•er rdp4.lMt \\ithin 30 dar~ after !!oUCh !-cn·icc upon )'OU . DECEM BER 3, r>.-·.d ___________ 19!Q_ ),•, :n t 'i,': T. : 1' • ._, ::-. •:: .. j,_ t~,:_.~·:! t'-\ :1 • ::.:i \'~ :~~ C••--:. !!",·: t : __ -.. : • '!"!,•::. f,,·t ~~ t :o•r'·,. ~'.:r .n~ • :•. •. , ~'I t:,,. I'! ._I, •1 IJ f•~· r:,•\ t.kJ !•, ....:. ::'j'. (•t ;_. ;".-, ·~ • Hl t~,: ';'•., h •lh.: I. tl C'f II.' .-:l.•.,t~'} ':- • I ' •• \1 , ! I .. ·' . .. :• . . .. ~ ... _, .... ·~· .. "\ _, . ... .. .. . ., I • • .• "r ( ,. ( I '',: . . , • • ,. - It• nn; L>I»TKICT I"OUI<T I : A ~•• 1 OH •J1t!, t;OUt.. l'Y Ur /,I .1\P/\UOE Ctv1 l Act on o. hi V W lt ~STO N, PlaJntlff, vs. Cl'r Y Of' E'IGLE\1000, Ol:fend ant. COt-U':S NOh' the Pl ,,lnt lff, lJy .1 nd through h1s attornoy , C. J . IH.RA RDINI, a nd states, allege s and avers as follows : 1. That the Pla1ntif f was charged by the Defendant with dlsorderly conduct pursu ant to the Defendant's Munici pal Orrl1n a nccs o n or about Decembe r of 1979. 2. Thdl Lhe Pldlntlff n~gle c ted to pay ~ $60 fine o s '' rc~ult of sa1d charge a nd wa s thereby arrested by age n ts of the De fen d a n t . 3. That the Plaint1ff posted a SlOO bond to secure h i s r Plcase from the Jail of the Defendan t. 4. Th at on hear1ng o f t he charge s a g ainst the Pla 1nt1ff, L'lc nr f c n~~nt l~p osc d a total f1ne of 5114 .00. 5 . Th a t a n a ~ent for t he Defe nda n t assured t h e P l al ntiff :~a t -~c ! no ~ond ~o ul e be use d to satisfy-t he !1ne imposad. (. Tha~ ~he ?l~1n :~: p~:d t~e dddi t1 on~l $1 4 on or .~:.Jt . l!j J.,, • .~au und W.il!, o lC ~y an U:l"r.own rt g c n t of the· Def<.:nr:a nt c.:-:-e s ~c:C .o~ a ~ l..:-.·.:"".c • .. :. \:-\·ada ?Cll CCi"l~n , actine as an a c;cnt !or E. :~a: t~e b as is fo :-sa 1d ar ~est was f o r a ~~rrent . .. · .. i.l. .. : . ' .. . . . ·. ·., I • • • • • 9. 'th at as a u.•b ul t of the .:uruaL Lhe Pldllllll"! ~pC'n t '·"'"' r ftv~ IH'UIS 1n the J ~f fcrson County Ja1l uncl wa b ICC]uircd t o 1 1V S B',.Oo 11>0r~ on th~ f1nc whlch ha d b(.•t"n fully pilld. lO. ~ha the act 1ons of t h e De f end ant 1n fa l l i ng to • ~-..cord full payfl":en t of the sub)ect f ine and 1n is su1ng t he warn11nt fuc the Pl cunLlif '& urrcs t, co upl e d w1th l h e actua l a rre st.. and Jncdrcur ., ,on o f the P la1ntiff, con st it ute f alse arrest and false J rnp r 1 ~onn1cn t . 11. Th at as a d1 rect and pr o x i ~ate resul of the actions o f the Defend a n t, Lhe Pla1nt 1f! h as b e e n damaged 1n the amount o! $7,50 0 f o r mC'n t a l an d emot 1o nal a ngu1 s h , h wnill.At i on an d loss of tlme. 'r!H EREFORE t the Pla1nt~ff prays for j udgment against the De fe n dant in the amount o f $7,585 , for co s ts incurred i n the pur- s ui t of t h1s litigat 1on , and f o r such other and further relief as the Court may deem JUSt and proper in th~ premises. Respectfully s ubm itted, (_~, /;/ e . -=--' . ~""'-·,r..c ~< Attorn ey fo r Plai n tiff Ad dre ss o f Pla1nt 1ff: 6533 Kipll n g .;rvaCa , Colo rado 80 0 0 4 -2- • t· ., . . ... \ . ~:. : ' ' . f .. ., 'I .. ... ~ ,l •• -· •• ..;. • .-·.' --~·. ' ... . -,. .....• ,~:>..· l ,4 -~ ·!f','....' ., .,..,_ I • • ( ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE CT De cember 15 1980 {1 LONG-RANGE BUDGETING -CITIZ EN C 0 ~1IT1 EE INITIAT ED BY Ci y ~1 anager l m\.._.,- ACT ION PR OPOSED Council establish a commit te e on lo ng-rang e bud get i ng (forme rly referred to as t he Tax Commi ttee) Backgro und I nformation ow that the budget has been finalized for fi scal year 1981 with the exception of Benchmark, I think it would be prudent t o spend some time reflecting on the l ong-range budgetary concerns of t he City. In my opinion, the City is fast reaching a fiscal crisis that if allowed to go unchallenged, could have some severe consequences. Ever since 1 974 when the first mini-recession h it, budgets h ave been extremely tight. Prior to that time it wa s quite common for revenue to come in 15-20% higher than the p re viou s year and new programs with concomitant addi tional personnel were ei the r adde d or expanded rathe r freely to meet growing citizen demand s . This , of cours e , was all brought about throug h the addition of Cin derella Ci ty a nd the hugh sal es taxes it pro duce d. Since then sales tax has generally been keep in g pace with inflation, although o ne yea r we actually rece ived less fund s than the year before and one ye ar we had a lar ge increase just under 20%. This has all led to extremely tight budgets for the last six years . For the most part, if on e were to exclude bond pro- grams and one-tim e expend i t ures , our oper at ing budgets have increas ed less than the rat e of inflation. Very few per s onnel have been added in the last s i x years and those that have have been mandated by such th i ngs as the sewer plant, housing pro grams and federal report ing requ i rements, golf course and the Malley Center. There have also been reductionsin certain areas l ike the elimination of the Poli ce Cadet program, el i mi nation of the noise control program, consolidation of cleric al assistance in the Public Works, Utilities and En gi neering funct ions, and reduction o f the Senior Surrey ser vice . • I • • ( • • • • P g e 2 The biggest problem we have been tryin g o prea ch to Councils yea r in and yea r out is that budgeted expenditures generally have be en exceeding expected revenues in the Gener a l Fund. We have been able to combat this by severely l1mi ti ng expend i- tures ach year although the mo ney has been ap pro pria ed and herefore maintaining a healthy fund balance. Th1s is especi- ally true in the Personal Se rv ices area which are budget ed for the maximum but of co urse never reach this because of retiremen s , terminations, resignation s , etc. Th1s ge s to gher and tougher every year, however, as bud ge ts are cu t dras ically before th ey ever reach Council ($700 ,00 0 this year) and admittedly some times to th e point of being somewhat unr ea l istic . For example, in 198 0, we are expecting o spend approx·mat ely $250,000 more in the Commodities a nd Con t ra ctual Services accoun than budgeted. These acco unts are the hearts ~nd gu s of our bud gets inc luding such th i ngs as fuel supplies, he at ing and air conditioning, and paper an d printing c o sts. Usually we have no control over these costs except to try and cut back on usage. A major part of this problem also is that even wit h a rela- tively healthy sales tax, our total revenues are not keeping pace with inflation. For example, in 19 81 we predict a sales tax inc rease of 11.4% but a total general fund inc rease of 6.8%. Obviously, this gives us three alternatives in the fut ure: cutback, expand the existing tax base, or ho pe for succes s in our economic development efforts so sales tax will again flourish as in the pre-1974 days. Person ally , I feel a combination of the latter two are necessary i f we are to maintain our basic level of servic e s only. On several occasio ns I have mentioned to you the previous wo r k of a ci ti zen and staff commi ttee on this same subject. This group, called the Tax Comm i ttee, was established in 1975 and , in my opinion , did jus a tremendous job. The purpose of formulating the commi ttee was due to the s ame con- cerns a s expressed above. Recently you were provided with a copy of this repo rt for your review. The committee want ed to conti nue i n existence and go a s te p fur her in their r e view bu t unfortunately , Co un cil began o lose interes t in this effort as politica l problems began to occupv more and more of our time. Recommendatio n I woul d like to recommend that his comrni ee be reactivated and that their first effort be to update the previous report and th at basically their goals be as st at ed in this report. It migh t also be necessa ry that some monies be funded later on to provide them with co nsul ting ass istanc e. I have talked to Dou g Severn who chaired the previous com mittee and he is wi lling to serve again. Bill James , our former Director of Finance is als o wil ling to serve again and I would whole- hea rtedly recommend these two be appointed. Certainly some of • I • • • • • • ,. • Pa•c 3 of he pre vious member s will wa rran t your consideration lr. Wanush and Mr. Higbee will serve as staff per ons if mee t s wi h your approval. 1 0. his If you agree with th is recommendation, I feel i would be very impo rtant for Co unc il o giv e some s t rong direc tion and sup port to the committee. I f yo u discuss this with Doug Sovern , I am sure he will tell you that many times he felt he was leading the c harge but there were no foll ow er s . Also, the committee spent several mo n hs in the beg i nning tryi ng to deci de what they were suppo sed to be doing. One very important co n si dera ion, in my orini o n, is that they no feel they are a "budget-cutting" comm i ee o r that the ir pu rp ose is t o decide the servic e level o f the City, which clearly is your responsibility . • -----~~')(_I 0 I • • D • • , . • ROL L CALL t4o ved ("''CCV l tJ t..""" Ay~ Nav Ab se nt Abstain -~ ~ -. ~..:;}::.!~ I I .. ~J.l . ~_;:: rt:..:p atric .< i\ee na -f 811o H radshaw C•t is -- I • • I v I . • • • • • -- ROL L CALL ·j A.ve Nay Ab se nt Abstain t' ~ ~:..1:.1.)' I 'J• _ L...E'· t..:J,Jat.ricK I Keena iUlo \ ffi adshaw \ t \.; \ -- I • • • • • • , . • --. RO LL CALL r~ov d e J~C'-J l l J ·.,; Ave Nav Absent Abstain ---J -:J:~y '.! ... -· f~: t .:"j,a t l 'iC K 1\e ena ---4 B1J..o j Bradshaw ___ C•t i.; I . • • • - OLL CA LL A:Je Nay Ab sent. Abstain j ·~~:.t__.t I • t.lo ~ .... I . 1_::'-. t..:J.I UCl'i CK Kc:ena Silo ~ad shaw c t i;; • • I • • • • • • ,. - RO LL CA LL I t.u.~ VJ :2 I ~ 1-loveti ) I CC('J'ft~t.-.... , _ --........... Ave ~ ...---- -. : :u:.J..v -:::::::, >k Ab sen t Abstain v -lo .J.J.. ............ -i_::'fi~atrlc n: 1-. K~e na ............. ' J BUo .............. -1 I \ -~;ad shaw l -:-- -\}t i.~ j (Ju_~~-'l-(,JL~ f"-(L ((2~6-~~~ fu.~ ({~ rr~lL-~''-'1 ~L fA--t-1''~"vvt;. ~ ~ 7 ( r2-(jj-t<-1-L +--) (!U4"i 2-,Ji u ~ J ~~ "- r< k ~ J-(-"" U-u-"-'j""'' ?j ~ 4<.-•" t_1 -/-; ~""'~'""--r f ·~_k,y(!-t.v.{,._ ,,--_ , 'He<~·" ~<1 £0_~J. I . • • • • , . • ROL L CALL I !! : ;J;.ty Aye Nay Ab sent Abstain (- ! ~ ~ ..1 .J._ J i::£'-t.!_lJ_atricK ( Kee_l}a \ Jlilo I X r------l---j t.B radshaw I _ Ot i.; I Gb ---- tuv+ 2-. 0 0 I . . • • • • • ROL L CALL 1<\ove<l .... ec vJ t ... lv ..: _Aye NaL Ab se nt Abs t a in ·;.:_::::!_~ I • t'cl..l. " F{i t.!patJ•j cK j_ l\eena I &.U,o 1 ·r adshaw C•t i.; -- I . • • • • ,. • RO L CALL r-tove<.l !Jcc ... Jh ·L· · Aye Nay Ab sent Abstain -H ":-·J ~.(Y '..l.l. X f~'i t..:p a trli:.t Kc::en.1 sf1o ~ 'Bradsnaw 1 (I t, i..; -- • I • • • • • • • ,. • RO LL CALL ove "->ec,•nJ ~.: ~--- •_; Aye Nay Ab se nt Abstain . -·,~J>iy )(' ,y::._ :l ...J...i. 1 -F{i·~~'l'Gl 'iC.< I !'l.t.:end !lilo X -'Br·adshaw I C•ti.; ~ I • • -. • • • • • ROL L CA L f1ov~ti_ ,...CC\.Ill.;c ~ Aye IJ_a_}' Ab sent Ab s t a in ~ -:u~ I .I~ -1_::'· t.,:patl'iCK I X Kt:~f1a X _j oilo I 'B r·ads h aw lC•ti.; I • • -. • • • • • 0 • ROL L CALL ~ Aye Nay Ab sent ~ ': :J:iy Abstain '.l .... f..E'l t;.:.:yatr icK Keena 1 ~110 n radshaw I c·c i.;; I . • • • • • ,. • RO L CA LL lt '-A/ r~oved !J~c ,.)n U '-.:'...i Aye l~a_1_ ~se n:; Abstain i , i :Jay l --J_ I .. l _l.._ _)( _ FE'·t..:patricK Keena '< -+ lli.l 0 'g ri:l,Q.s haw ) C.•t.i ... I -- I • • r • ~~----------~--~~~----~~------~-2~UU--~--~~D • • • ROL L CA LL 1-1o veu Aye Na y Ab se nt. Abstain ' ' ' :.l :J..Y ( .l I '..l.J. } ~· ·r:-=:1-a t.l' i CK ; 1\t:ena d1lo j l'adshaw C•t i ;; - I • • • • • • OLL CALL 11o v ~ ,.. ~c, .. J.;\..- :-~:_.J.J..l' Aye /Jay Ab se n:; --Abstain I ._. --~...E.'·.~~a ti'i.:.< Kc:ena -f o Uo ~*a d _shaw ___ L' i .;, - \) J lA~ I . • • • • .. - OL L CA LL _. ~<'-~ ..... .r~ t. ~~ I><~~ ;.{ '-'~ Aye Nay Ab se n ~ Abstain -. ~ :J..iy f. 'J.l. j=t t..:)J a tric -< l\eena ~ilo -'-J3 r·adshaw I C>t i:; ~--( ~tA-M-~ ~ ~~ . jl~ tdrd--<-i-'~ ,(_ i-i ·;,'7> f-l I . • l .j ( • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, DECEMBER 22, 1980 7:30 P .M. The City Council of the City of Englewood, Arapahoe, County, Colorado, is called to a special meeting at the City Hall , 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council meeting of December 15, 1980. An agenda detailing the nature of this business is attached. City Manager ACKNOWLEDGEMENT OF RECEIPT OF NOTICE persons, all Council Members of the City of hereby acknowledge receipt of notice of the sessio9--7 I • , I • •