HomeMy WebLinkAbout1969-06-16 (Regular) Meeting Agenda Packet. -~
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~un~ 16, 1969 Regular city council
Meeting
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AGENDA FOR
R EGU LAR COUNC IL SESSION
JUNE 16, 1969
8:00 P.M. Call to order, invocation by Msgr . Bernard Cullen of the St. Louis
Catholic Church , pl e dge of allegianc e led by Boy Scout Troop No.
333, a nd roll call.
1. Minutes.
'(a) Regular m eeting of June 2, 1969. (C opies transmitted
he rewith .)
2. P re-scheduled citizen s a nd visitors .
'(a) Recognition of "specia l guests " of the Council.
(b) Mr . Larry Borger, Littleton C ity Manager , and other
Littleton officials regarding a nnexation of McLellan
Reser voir to th e City of L ittleton.
lecognition of Mr . Harvey Mayer for service to the
ity.
Mr. Verd Whiteman a nd othe r s w ill be present to dis-
cuss storm drainage in the South Gilpin Street and
East Eastman Avenue area.
Mr. Norman Smith, 4301 South Jason Stre et , will be
present to di scu ss sto r m d rainage in their neighbor-
hood.
(f) Mr. J. G. McMurtry, 2890 South Clarkson Street ,
will be pre sent to di scu ss storm drainage problems.
3 . Communications.
4.
l(a) Memorandum from Mr. Stephen A. Lyon, Finance
Director, regarding health the rapy licenses.
(Copies transmitted h e rewith.)
~ Memorandum from the Parks and Recreation Com-
mission regarding a swimming pool at Dartmouth
Park. (C opies transmitted herewith .)
{c) Monthl y financial report. (Copies transmitted here-
with.)
d) Minutes of the Board of Adjustment a nd Appeals
meeting of April 9 , 1969. (C opies transmitted here-
wi th .
"(e) Minute of th Board of Adjustment a nd Appeals
mee ting of Ma. 14, 1969. (Copies transmitted here-
wi th . •
Me m orandum from the Bo a rd of Adjustment and
A pp als regard ing a n encroa chment for a retaining
wall at 455 5 South Knox Court. (C opies tran sm itted
·herewith.
City Attorne~. .-/ ~/< (a/f' Ordinance on fin al reading establishing final asses s -
ments for P av ing Dis trict No . 17 (196 . (C opies
prev iously transmitted .
(Continue d)
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AGENDA FOR RE GU lAR CO CIL SESSIO
JUNE 16 , 1969
Page 2
4 . City A rtorney . Conti nu ed)
~) ~r an Ordinance a m ending t he Model Traffic
Code to pro ide for right turn on red signals.
(Copies trans mitted herewith .
v(c) V ror an Ordinance regarding construction use
taxes . Copies tran mitted her ew ith .)
. ./ ~ (d ) :B'Il~r a n Ordina nce rena ming South Pecos Street
to South Windermere Street. (Copies transmitted
herewith .)
(e) Re port on recodification of th e City Code.
Resolution a uthori zing Mr . Marc Shi vers, Utilities
legal representative, to proceed w ith eminent
domai n on c e rtain West Slope proper ties. (Copies
ran mitte d herewith.
~ RequPst for a uthorization for the Mayor and Dir-
ector of Finance to e nter into a.n agreement to
purcha se nght-of-way for Western Slope water
program . (Copies transmitted herewith .)
(h) Attorney ' choiCe.
5 . City Ma na ger.
(a) Personnel Reorganization .
'--{1) Me morandum from Stanle y H . Dia l , City
Manager. Copies trans mit ,d here' ith .)
,/ ~) Legal opmion fr m Jotn A. Cr iswe ll , City
/. Att orney . (Cop1 es transm~r ew ith .)
(3) Memorandum and ~ an Ordinance.
(Copies transmitted herewith.)
(b Receipt of bids fo r s nitar sewer !me to serve
the Con ser vative Bapti t Theological Seminary .
Copies' ill be available a t tne e sion .)
(c) Rece ipt of bid for fencing of a n auto impoundment
area. (Copies w ill b a va ll able a t the session.)
(d Repor t on t e King ~l ey property .
~ Report on 19 tra ffic progra m . ( opie s trans-
mitte d h re~ it • )
(I Report on r eser ·ing p rk s e lter ouse s.
(g) Di scu ss ion regarding 1969 Old F a n ione d Bargain
Day •
(h) Reque t for a ut norization for e Mayor a nd Dir-
ector of Finance to en ter into a n a greement
a llowing the Clly to pla e wate r m in R cross the
Ci Ditc
{ ontinu d )
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AGENDA FOR REGULAR COUNCIL SESSION
JUNE 16, 1969
Page 3
5. City Manager. (Continued)
(i) Report regarding storm drainage conditions in the 3300
block of South Washington Street and elsewhere.
(j) Manager 's choice .
6. Recognition of non-scheduled citizens and visitors.
7. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
8. Adjournment.
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STANLEY H. DIAL
City Manager
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REGULAR MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JUNE 16, 1969
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on June 16, 1969, at
8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Monsignor Bernard Cullen
of the St. Louis Catholic Church. Pledge of Allegiance was led
by Boy Scout Troop No. 333.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Absent: None.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager Mack,
City Attorney Criswell,
City Clerk Lyon.
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COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1969, BE
APPROVED AS READ. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Mayor Schwab recognized the following citizens from the
list of "Special Citizen Program Invitf!es":
Mr. and Mrs. W. D. Hudiburgh, 1195 East Bates Parkway.
Mayor Schwab recognized Mr. Ray Adams, a new reporter
for the Englewood Herald and Enterprise and Miss Becky Bryan, a
new reporter for the Southland News. Mr. Ed Scott, former member
of City Council, was also recognized.
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Mr. Larry Borger, City Manager for the City of Littleton,
Colorado, appeared before City Council and requested that the City
of Englewood execute an annexation petition calling for the annexa-
tion of McLellan Reservoir and other properties near by to the City
of Littleton.
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AGENDA FOR REGULAR COUNCIL SESSION
JUNE 16 , 1969
Page 3
5. City Manager. (C ontinued)
(i) Report regarding storm drainage conditions in the 3300
block of South Washington Street and elsewhere.
(j) Manager 's choice.
6. Recognition of non -scheduled citizens and visitors.
7. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
8. Adjournment.
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STANLEY H. DIAL
City Manager
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JUNE 16, 1969
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on June 16, 1969, at
8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Monsignor Bernard Cullen
of the St. Louis Catholic Church. Pledge of Allegiance was led
by Boy Scout Troop No. 333.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Absent: None.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager Mack,
City Attorney Criswell,
city Clerk Lyon.
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COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1969, BE
APPROVED AS READ. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Mayor Schwab recognized the following citizens from the
list of "Special Citizen Program Invit~es":
Mr. and Mrs. W. D. Hudiburgh, 1195 East Bates Parkway.
Ma yor Schwab recognized Mr. Ray Adams, a new reporter
f or the Englewood Herald and Enterprise and Miss Becky Bryan, a
new reporter for the Southland News. Mr. Ed Scott, former member
of City Council, was also recognized.
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Mr. Larry Borger, City Manager for the City of Littleton,
Colorado, appeared before City Council and requested that the City
of Eng l ewood execute an annexation petition calling for the annexa-
tion of McLellan Reservoir and other properties near by to the City
of Littleton.
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City Council discussed the proposed ann exat ion with Mr.
Borger. At the conclus ion of the discussion, the pet i~i on page
setting forth the legal description of the City of Englewood
property was received.
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Mayor Schwab recognized Mr. Harvey Mayer, former member
of the Career S ervice Board, for his service to the City for the
past six years as a member of said Board . A plaque h onoring
Mr. Mayer for his service was presented.
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RESOLUTION NO. 23, SERIES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR A STORM
DRAINAGE SYSTEM TO SERVE AND PROTECT THE CITIZENS AND PROPERTY OF
ENGLEWOOD , COLORADO, AND DECLARING THE INTENT OF THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD TO TAKE WHATEVER STEPS MAY BE NECESSARY
TO REMEDY STORM DRAINAGE PROBLEMS IN THAT AREA AT THE EARLIEST
POSSIBLE DATE .
(Copi ed in full in the official Resolution Book .)
COUNCILMAN BROWN MOVED , COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO. 23, SERIES OF 1969 BE ADOPTED AND APPROVED.
Discussion ensued.
COUNCILMAN LONE STATED THAT THE RESOLUTION SHOULD BE
AMENDED BY REMOVING REFERENCE TO THE NORTHEAST AREA OF THE CITY
OF ENGLEWOOD AND THEREBY MAKING THE RESOLUTION APPLICABLE TO THE
ENTIRE CITY.
COUNCILMAN BROWN STATED THAT HE WOULD ACCEPT THIS AMEND-
MENT.
Councilman Lone gave a short report on meetings he and
other Councilmen had with various citizens concerning storm
drainage.
Mr. Verd Wh it eman, 3185 South Gilpin, appeared before
City Council in regard to the storm drainage problem in his area.
Mr. Whiteman explained the drainage problem encountered during
the June 8, 1969, rain storm. Mr. Whiteman stated that after
the rain storm little attent ion had been received from the City
of Englewood and that no one as yet had cleaned up the mud on
his street which presented a dangerous health problem.
City Manager Dial stated that a federal aid application
which provided a solution to the majority of the City 's storm
dr ainage problems would have a better chance for approval than
the application of 1968 which applied only to a small portion of
the problems. Mr. Dial stated that the cost to solve the storm
drainage problems set forth in the Hoskins' report had been updated
to $2 ,900,000. This excluded the cost to so lve storm drainage
in the Centennial Acres area. Mr. Di al stated that the cost to
solve the storm dra inage problem in the northe ast area had been
estimated at $500,000 and for the south area from Belleview and
Clarkson to Oxford and Jason at $1,250,000.
Mrs. Coy L. Horton, 1695 East Ea stman, appeared before
City Council and stated that her ar ea was in need of assistance
to solve its storm drain ag e problems and that as yet no action
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had been taken by the City. Mrs. Horton discussed the storm
drainage situation with merr~ers of Ci ty Council .
Mrs. Shirley Olson, 3356 South Ogden, appeared before
City Council and disc u ssed t he storm drainage problem in her area.
Mrs. Olson stated that she had been told that the solution to the
storm drainage problem was contingent upon the development of the
KLZ site, and as the site has not been developed she and residents
of the area cannot wait any lcnger for a solution.
Mr. William H. Triggs, 4300 Sou th Jason, appeared before
City Council on behalf of Mr. Norman Smith who had been scheduled
to appear on the agen da. Mr. Triggs discussed the storm drainage
problem in his area particularly in regard to the overflow of the
City Ditch. Mr. Tr i ggs p resented pictures of the flooding during
the June 8 rain storm and a petition with 99 signatures (unverified).
The heading of the petition reads as follows :
Whereas our property is repeatedly damaged
or threatened of damage by the overflow of
the Denver City Ditch, we, the undersigned
residents of Englewood, do hereby petition
the City of Englewood
(1 ) that said ditch shall be immedi-
ately and adequate ly dredged so
that it will be able to carry
more storm runoff water before
reaching flood stage;
(2) and furthermore, that the City
of Englewood give further atten-
tion to an adequate drainage
system which will protect its
residents' properties from flood
damage.
Mr. Triggs stated that the City Ditch should be dredged by the
City of Englewood as it was now full of silt and the City and County
of Denver had refused t o do this work.
Director of Public Works Waggoner appeared before City
Council and stated that although the capacity of the ditch could
be increased at various points by dredging , as most ~f the street
crossing pipes were 36 inches in diameter this would cause water
to stand in the deep areas as the outlets would be insufficient.
Mr. J. G. McMurtry, 2890 South Clarkson, appeared before
City Council. Mr. McM urt ry presented pictures o f his property
and the surrounding area and reviewed the storm drainage situation
which had been in existence for the last sixteen years . Mr.
McMurtry stated that in 1953 and 1954 the City had constructed a
storm sewer which outlet at South Corona and Bates and which had
created the original problem . The problem had now been c ompounded
by the paving which was accomplished by Paving District No. 17.
Mrs. S. F. Waskiewic, 3324 South Ogden, appeared before
City Counc i l. Mrs. Waski ewic stated that the residents of her
area had waited too lon g and that imm e d i ate soluti on to the storm
drainage problem b e undertaken.
Mr. Aust in Gomes , 3170 South Humboldt, appeared before
City Council in regard to the storm dra i nage problem in his area.
Mr. Gomes stated that regular rain fall will cause flooding in
his area and that t he Jun e 8, 1969, ra i n fall had caused three
feet of water.
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Mr. Ed Scott, 2750 South Grant, appeared before City
council in regard to an Englewood Municipal Court matter which
h ad been appealed to Arapahoe County Court. Mr. Scott stated
that a Mrs. Krambeck, 1231 South Penn, was hit at the inter-
s e ction of Broadway and Dartmouth by a Denver police patrolman
d riving a Denver police car. Mr. Scott stated that the police
vehicle had skidded forty feet and ran a red light. In June
of 1968 the Denver police patrolman was found guilty of violating
the Englewood traffic code . Mrs. Krambeck had sougbt ·reimb·Urse~
ment from the City and County of Denver to repair her vehicle.
When she had contacted the City Attorney's office in Denver she
was informed by the City Attorney's office that it was their
opinion that a number of errors had been committed in the
Englewood Municipal Court where the Denver patrolman had been
found guilty and that no payment would be forthcoming as the
matter was being appealed.
Mr. Scott stated that since Mrs. Krambeck had not
caused the accident her insurance company was not liable to
repair her vehicle. Mr. Scott also stated that he had attempted
to help Mrs. Krambeck by contacting the City of Englewood
attorney's office concerning the appeal of the Englewood Municipal
court case. On June 6 , 1969, after a number of rescheduling&
the matter was brought for trial. The Denver police officer was
acquitted because the Assistant City Attorney had not specified
as a witness Mrs. Margaret Van Ryan who certified a copy of the
traffic code used in the proceedings. Mr. Scott then discussed
the handling of the case by Mr. Ed Donovan, Assistant City Attorney.
Mr. Scott stated that he had discussed the case with Mr. Donovan
after the acquittal, and Mr. Donovan had indicated to him that
he could see no reason to appeal the acquittal of the Denver
patrolman. This, stated Mr. Scott, left Mrs. Krambeck with no
way or means of having her vehicle repaired. Mr. Scott concluded
his remarks by indicating that there was either carelessness or .,
collusion on th~atto~y's part.
City Attorney Criswell stated that ~t was definitely a
mistake of his office that the name of the City Clerk or his
deputy had been left off a list of witnesses which had been
submitted to the County Court . Mr. Criswell stated that this
was not the fault of Mr. Donovan as the list of witnesses had
been prepared prior to Mr. Donovan being appointed Assistant City
Attorney . Mr. Criswell also pointed out that the outcome of the
trial as to the officer's guilt had no bearing upon the ability of
Mrs. Krambeck to make a claim against her insurance carrier or the
City and County of Denver.
The matter was discussed by City Council, City Attorney
Criswell, and Mr. Scott.
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Mayor Schwab declared a recess at 11:07 P.M. Council
reconvened at 11:26 P.M. Upon the call of the roll, the
following were present :
Councilman Brown , Dhority, Kreil i ng, Lay, Lone,
Parkin s on , S c hwab.
Absent : None.
The Mayor declared a q u orum present.
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Mayor S chwab mentioned that the motion to pass
Resolution No . 23, Series of 1969 as amended had not 'been
acted upon. Upon the call of the roll, the vote on Resolution
No. 23, Series of 1969 resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None .
Absent: None .
The Mayor declared the motion carried.
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A memor a ndum from Stephen A. Lyon, Director o f Finance,
regarding health ther apy licenses was received for the record
and discussed. At the conclusion of the discussion it was the
c onsensus of Council that revisions to Ordinance No. 19, Series
of 1969 concerning health therapy establishment s and masseuses
as r ec o mmended by Director of Finance Lyon be incorporated in
the City Code revisions.
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A memorandum from the Parks and Recreation Commission
regarding a swimming pool at Dartmouth Park was received for the
record and read.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT CITY COUNCIL ACCEPT THE RECOMMENDATION OF THE PARKS AND
RECREATION COMMISSION REGARDING A SWIMMING POOL AT DARTMOUTH
PARK. Upon the c all of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhor i ty, Kreiling, Lay, Lone,
Parkinson, S chwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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The monthly financi al report was received for the
rec ord and held until the next City Council meeting.
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The minute s of the Board of Adjustment and Appeals
meetings of April 9, 1969 and May 14, 1969, were received for
the record and held until the next City Council meeting.
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A memorandum from the Board of Adjustment and Appeals
regarding an encroachment for a retaining wall at 4555 South
Knox court was received for the record .
COUNCILMAN LONE MOVED, COu~CIL MA N DHORITY SECONDED,
THAT THE ENCROACHMENT UPON CITY PROPERTY AT 4555 SOUTH KNOX
COURT FOR A RETAINING WALL AS RECOMMENDED BY THE BOARD OF ADJUST-
MENT AND APPEALS BE APPROVED. Upon the call of the roll, the
vote resulted as follows:
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Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson , Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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ORDINANCE NO. 23, SERIES OF 1969
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVE-
MENTS MADE IN PAVING DISTRICT NO. 17, IN THE CITY OF ENGLEWOOD,
COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID
COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A
SHARE OF SAID COST AGINST EACH LOT OR TRACT OF LAND IN THE
DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT
OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
(Copied in full in the official Ordinance Book.)
COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED,
THAT ORDINANCE NO. 23, SERIES OF 1969 BE PASSED ON FINAL READING
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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RESOLUTION NO. 24, SERIES OF 1969
RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE
CONSTRUCTION OF A CERTAIN PIPELINE AND ACCESS ROAD AND FOR INGRESS
AND EGRESS DURING PERIOD OF CONSTRUCTION.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 24, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent : None.
The Mayor declared the motion carried.
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City Attorney Criswell stated that Mr. M. 0. Shivers,
attorney for the Water and Sewer Board, had requested that the
Mayor and City Clerk be allowed to enter into an agreement to
purchase right-of-way for the Western Slope water development
program. Mr. Criswell stated that the agreement was between
the City of Englewood and Broderick Wood Products Company.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE AN AGREE-
MENT WITH BRODERICK WOOD PRODUCTS COMPANY FOR THE PURCHASE OF
RIGHT-OF-WAY FOR THE WESTERN SLOPE WATER PROJECT. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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City Attorney Criswell reported on the lease and
option agreement between the City of Englewood and Mr. Herman
Oliner for the purchase of the 35-3600 block of South Elati.
Mr. Criswell stated that the monthly rental would be $1,100 and
that all property would be in the possession of the City of
Englewood on March 1 although certain portions would be available
prior to that date. Mr. Criswell stated that it was agreed that
the Oliners' would live in their residence until July 1, 1970
and pay all special assessments. Mr.Criswell stated that the
lease had an option whereby the property could be purchased by
the City at $2.50 per square feet after 1990.
COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE
LEASE AND OPTION AGREEMENT FOR THE PROPERTY LOCATED AT 35-3600
SOUTH ELATI WITH MR. OLINER AS OUTLINED BY CITY ATTORNEY CRISWELL.
Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial stated that Mr. William Gunesch of
Park Floral Company, 1090 West Hampden Avenue, and Mr. Harold
crowley of Crowley Brothers Inc., 7001 South Santa Fe Drive,
had viewed the greenhouse located on the Oliner property and
stated that the building was in very poor condition. In order
to make it leaseable on the open market considerable funds would
have to be expended. If a portion of the structure would have to
be r.moved ,for the Police and Fire building, the square feet of
growing area would be reduced1 and the operation would become
more marginal than it is today.
councilman Lay stated that the square footage of growing
area was important to profit and that removal of a part of that
square footage would certainly make the operation marginal.
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Councilman Lay stated that the heating, air con-
ditioning , and plumbing were in very poor condition.
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City Attorney Criswell stated that it was his hope that
a draft of the new City Code would be received by City Council
within the next 45 to 60 days.
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City Manager Dial submitted:
1. A memorandum dated June 11, 1969, concerning the
proposed reorganization of the personnel function by placing the
Personnel Director under the jurisdiction of the City Manager.
2. A legal opinion from City Attorney Criswell of
June 10, 1969.
3. A proposed bill for an ordinance effecting the
reorganization of the personnel function as recommended in the
City Manager's memorandum.
4. A memorandum from City Attorney Criswell dated
June 11, 1969, concerning the proposed bill for an ordinance.
5. A copy of a letter from Mr. Ed White of the
Englewood Municipal Employees Association dated May 19, 1969,
concerning the reorganization.
Members of City Council and the staff discussed the
proposed reorganization.
Introduced as a Bill by Councilman Parkinson and read in full,
A BILL FOR
AN ORDINANCE REPEALING SECTIONS 6.1 THROUGH AND INCLUDING
6.6-15, 6.7-7 THROUGH AND INCLUDING 6.7-9, 6.7-29, AND 6.7-30
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, TOGETHER WITH ANY
OTHER ORDINANCES INCONSISTENT HEREWITH, AND ADDING TO CHAPTER 6
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD NEW SECTIONS 6.1-1
THROUGH AND INCLUDING 6.3-9 TO PROVIDE FOR THE ESTABLISHMENT AND
ADMINISTRATION OF A CAREER SERVICE SYSTEM, AND TO PROVIDE FOR THE
APPOINTMENT OF A PERSONNEL DIRECTOR, RECORDING SECRETARY AND OTHER
NECESSARY CLERICAL EMPLOYEES BY THE CITY MANAGER TO AID THE BOARD
OF CAREER SERVICE COMMISSIONERS IN THE PERFORMANCE OF THEIR DUTIES
AND RESPONSIBILITIES HEREUNDER AND TO PERFORM SUCH OTHER DUTIES
AS ARE NOT INCONSISTENT THEREWITH.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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City Manager Dial presented a copy of a
tabulating the bids received for the construction
sewer extension to serve the Conservative Baptist
Seminary.
memorandum
of a sanitary
Theological
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED,
THAT THE BID OF MUNRO AND COMPANY, ARVADA, COLORADO, IN THE AMOUNT
OF $2,966.34 BE ACCEPTED AS LOWEST AND BEST AND THAT THE MAYOR
AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial informed members of Council that Old
Fashion Bargain Days would be held by Englewood merchants July
10 through July 12, 1969. Mr. Dial stated that it was not the
intent of the merchants to request the blocking of any street for
a carnival as there would not be a carnival this year. Mr. Dial
stated that it was the request of the merchants that they be
allowed to encroach upon City sidewalks during this period to set
up display booths and that the Cast Off Square Dance Club might
request that a street be blocked for square dancing during Old
Fashion Bargain Days.
City Council discussed whether a street should be blocked
off for the square dance or if the parking lot should be used.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE CITY MANAGER BE AUTHORIZED TO ALLOW FOR ENCROACHMENT ON CITY
SIDEWALKS FOR DISPLAY BOOTHS FOR OLD FASHION BARGAIN DAYS AND THAT
THE PARK 'N' SHOP PARKING LOT BE AUTHORIZED FOR USAGE BY THE CAST
OFF SQUARE DANCE CLUB. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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City Manager Dial reviewed the bids which had been
received for the clean up of the Kingsley property located at 2350
South Te j on. They were :
Commercial Auto Salvage
Bob 's Auto Service, Inc.
Winslow Construction Company
$12,000
10,500
9,300
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
THE BID OF WINSLOW CONSTRUCTION COMPANY TO CLEAN UP THE KINGSLEY
PROPERTY LOCATED AT 2350 SOUTH TEJON AT $9,300 BE ACCEPTED AS
LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED
TO EXECUTE THE NECESSARY CONTRACT DOCUMENTS. Upon the call of
the roll, the vote resulted as follows:
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Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays : None.
Absent : None .
The Ma y or declared the motion carried.
* * * * * *
City Manager Dial reviewed the bids received for the
construction of a chain link fence for the abandoned vehicle
storage lot. Mr. Dial stated that the lowest bid was that of
Elcar Fence Company for $4,252.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED,
THAT THE BID OF ELCAR FENCE COMPANY FOR $4,252 TO CONSTRUCT A
CHAIN LINK FENCE AT THE ABANDONED VEHICLE STORAGE LOT BE ACCEPTED
AS LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED
TO EXECUTE THE NECESSARY CONTRACT DOCUMENTS. Upon the call of
the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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councilman Lone stated that the annual Fourth of July
Jaycees ' fireworks display would be held at the Englewood High
School stadium. Councilman Lone requested that the City donate
$350 to the display as is customary.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
A DONATION OF $350 TO THE ENGLEWOOD JAYCEES FOR THE JULY 4TH
DISPLAY BE APPROVED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone ,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
Mayor Schwab stated that a special City Council meeting
and study session would be held on June 23, 1969, at 8:00 P.M.
* * * * * *
COUNCILMAN BROWN MOVED , COUNCILMAN PARKINSON SECONDED ,
THAT THE CITY COUNCIL EXPRESS ITS SYMPATHY AND CONDOLENCES TO
THE FAMILY OF MR. JIM BRANDON , STREET DIVISION EMPLOYEE WHO HAD
BEEN KILLED ON PLATTE RIVER DRIVE THE MORNING OF JUNE 16, 1969,
IN A BOMB EXPLOSION. Upon the call of the roll, the vote resulted
as follows:
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Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried and the meeting adjourned
at 12:31 A.M.
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t.(2d~--:rA?le t:..-"?Jt t!;;_;; )d1; u... J r /964
"'A IHLL"F O~~E 0~
AN ORDINANCE APPROVING THE WHOLE COST OF
THE IMPROVEMENTS MADE IN PAVING DISTRICT
NO. 17, IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT
·oF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN
THE DISTRICT; PRESCRIBING THE MANNER FOR
THE COLLECTION AND PAYMENT OF SAID ASSESS-
MENTS; AND DECLARING AN EMERGENCY.
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WHEREAS, by Ordinance No. 10, Series 1968, finally
passed and adopted on March 18, 1968, the City Council has created
P•ving District No. 17, within the City of Englewood, for the
purpose of constructing and installing certain street and avenue
improvements therein; and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the City and the whole cost
of such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the improvements has been duly
filed with the City Council and due notice was given that the City
Council would meet to hear and consider objections to the assess-
ment roll on Monday, May 12, 1969, and that the owners of property
named in said assessment roll might, on or before May 8, 1969,
file with the Director of Finance, in writing, his or their objections
to the asses.ments; and
WHEREAS, the City Council has heard and considered all
objections to the assessment roll; and
*Insert on First Publication
**Insert on Pinal Publication
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~ Lot
Roy E & Gladys E 6
Worley
4595 South Kriox Court
Akron Associates, Inc. 7
2500 South Broadway
Akron Associates, Inc. 8
2500 South Broadway
Akron Associates, Inc. 9
2500 South Broadway
Akron Associates, Inc.lO
2500 South Broadway
.Albert R. & Vivian L. 10
Seip ·
4891 South clarkson
Phillip R. & Arlene 11
Lavon Watkins
4887 South Clarkson
Block
2
2
2
2
2
80
80
•
Subdivision Original ~
Pleasant View $237.28 None
Second Filing
Pleasant View $407.5 8 $426.10
Second Filing
Pleasant View $414.75 $470.52
Second Filing
Pleasant View $551.29 $441.43
Second Filing
Pleasant View $361.81 $634.66
Second Filing
Town & $ 71.05 $489.26
Country
Town & $460,84 $ 42.63
Country
Goorman Investments, 17-32
Inc.
6 Englewood $4,184.03 $4,387.84
940 West Hampden
The Park Floral Co.
1090 West Hampden
All that portion of $i,391.86 $6,188.05
Englewood lying west
of S. Jason St. & east
Of A T & S F R R Co.
R.O.W. bounded on the N
side by Hampden Ave. and
on the S. side by Kenyon
Ave. in NE~ of Sec.4-5-68
except book 1176 page 168
Estate of Dorthea White E~ 1 F. P. Gumaers $526.75 $509.63
Glenn & Edward L. Glenn N~ Broadway
c/o Edward L. Glenn Jr. plot Heights
463 King 1
Louisville, Colorado
Robert E. & Mildred 4-6 6 South Bdwy. $421.93 $353.42
Irene Woodward Heights
3906 South Sherman
Bernice A. Hyde 48-49 E~ Higgins $476.77 $430.73
3511 South Clarkson 1 Englewood
Gardens
Ben E. & Lily M. N 23' 18 Englewood $134.19 $ 88.22
Garcia of 27
3636 South Elati &all
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WHEREAS, the following corrections to the list of a ssess-
ments incorporated within Resolution No. 12, Series of 1969 is
necessary:
Floyd H. & Velma Avis
4588 South Grant
Fred Joseph Vytlacil
"4496 South Delaware
John William & Tessa
Dyer Johnson •
1820 South Ogden
Elmer & Irene G.
Jungck
4606 s. Mariposa Dr.
Also:
Alvah c. & Beverly J.
Donnelly
4433 South Delaware
Paul c. Jamieson
1776 Krameria
Denver, Colorado 80220
Lot Block Subdivision
21 & 53 South Bdwy.
22
23 &
24
41.&
42
s. 75'
14 & 15
Heights
13 Wollenwebers
Broadway
Heights, Second
Addition
l Wynetka
Heights
Belle Isle
Gardens
Published Corrected
$128.40 $ 85.60
$486.81 $486.31
$370.04 $370.07
$326.12 $196.41
Original
Lots 32-36, except $1,170.18 $1,740.19
the north 3~ feet of
the east 62 feet of
Lot 38, Block 12,
Wollenweber& Broadway
Heights, second filing
The north 3~ feet of $1,348.70
the east 62 feet of
lot 38, and all 39-41
block 12, Wollenweber&
Broadway Heights, second
filing
$778.69
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WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
the sum of $428,960.45, of which amount the City of Englewood
will pay$ ~O,?Y3.~/ , leaving$ 3Lftt../JI.,,t.J to be assessed
against the . real property in 'said District, said amount including
cost~ of inspection, collection and other incidentals and also
including interest as allowed by law; and
WHEREAS ; from said statement it also appears that the
City Council has apportioned a share of the said whole cost to
each lot or tract of land in said District, in accordance with the
benefits to be derived by said property and in the proportions and
amounts severally set forth in a Resolution adopted by the City
Council on the ~day of }n~ , 1969, and in a public notice
published in the Englewood Herald and Enterprise,which Resolution
and Notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD I COLORADO :
Section 1. That the whole cost and apportionment of the
same, as set forth in said Resolution and Notice, and as amended
herein, is hereby approved and confirmed, and said apportionment
is hereby declared to be in accordance with the benefits which the
property in the District will receive by reason of the construc-
tion of said improvements, and a share of said cost is hereby as-
sessed to and upon each lot or tract of land within the District
in the proportions and amounts set forth in said Resolution and
Notice, as amended.
Section 2. That said assessments shall be due and pay -
able at the office of the Director of Finance, within thir t y day s
after the final publication of thi s Ordinance , wi t h out d ema nd;
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provided that all such assessments may, at the election of the
property owner, be paid in installments, with interest as here-
inafter provided. Failure to pay the whole assessment within
said period of thirty days shall be conclusively considered and
held an election on the part of all persons interested, .whether
·under disability or otherwise, to pay in such installments.
Such election shall be conclusively held and con-
aidered as a waiver of any right to question the power or juris-
diction of the City of Englewood to construct the improvements,
the quality of the work, the regularity or sufficiency of the
proceedings, or the validity or the correctness of the assessments,
or the validity of the lien thereof~
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County Treasurer
of Arapahoe County, Colorado, in ten (10) equal annual installments
of principal, the first of which installments of principal shall be
due and payable on or before the 1st day of J co.,., , 1~ and
the remainder of said installments shall be dUe and paya~le successively
on or before the 1st day of /l,. -.., , in each year thereafter,
(?
until paid in full, with interest~~np::: principal at the ? tr7~
rate of six per centum (6~) per a num)f ayable each year at the
t • f ing i t 11 t f . . 1 ~ (l. 1 lfZQ l.IUe 0 pay ns a men s 0 prl.ncl.pa., -.-r r:• ..
Section 3. Failure to pay any installment, whether of
principal or interest, when due shall cause the whole of the un-
paid principal to become due and payable immediately, and the whole
amount of the unpaid principal and accrued interest shall thereafter
draw interest at the rate of one per centum (1%) per month, or
fraction of a month, until the date of tax sale, as by provided by
law. At any time prior to the date of tbe tax sale, any owner may
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pay the amount of all unpaid installments with interest at one
per centum (l%) p e r month , or fraction of a month, upon all
delinquent i nsta llments, and all p e n a lties accrue d and shall
thereupon be restored to the right ther ea fter to pay in install-
ments in the sam e manner as if default had not been suffered.
The owner of any property not in default as to any installme nt
or payme nt may, at any time, pay the whole of the unp aid prin-
cipal with accrued interest to th e date of the next assessment
installment payment date.
S ection 4. Payments may b e made to the Director of
Finance at any time within thirty days after the final publication
of this Ordinance, and an allowance of five per centum (5%) will
be made on all payments made dur ing such period, but not th ereafter.
Immediately aft er the expiration of such thirty day period, said
ass e ssments shall be certified to the County Tre asu rer of Arapahoe
County, Colorado, for collection, as provided by law .
Section 5. That if any tract or parcel of property
included within Paving Distri ct No. 17 is hereafter divided or
subdivided into two or more such tracts or parcels, the Director
of Finance, with the assistance of the Director of Publi c Works,
is hereby authorized and directed, from time to time as occasion
may arise, to divid e the assessments of such specific parcels with-
in the District, proportionate to the div ision of the parcels of
real property again st which the same may be assessed, and to certify
the revised assessments to the Treasurer of Arapahoe County, Colo -
rado.
Section 6. That if any o ne or more sections or p arts of
this Ordinan ce shall b e adjudged un en forc eable or invalid, such
judgment shall no affect, impair or inv a lid ate the r emaining pro -
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visi on s of t h is Ordinance , i t b e i ng the in t e ntion t hat h variou s
p ro v ision s he r of a re seve r a ble.
S e c tion 7 . By r eason of the f act that bonds of said
Pav ing Di strict No . 17 are now outs tand i ng and i nte r es t thereon will
shortly b ecome d ue a n d payable, fu nds must be ma d e availab le fr o m
assessme nts a t th e earlie st possible d ate f o r payme n t o f su ch i n-
terest, and for the immediate pres e rv atio n o f the p u blic pro p er ty,
health, pea c e and safety, it is h e r e b y de c l a red that a n eme r gency
exists and that this Ordinan c e shall tak e e ff e ct upon it s fi nal
passage.
S e ction 8 . All ordinances , or p a rts thereof, in c o nf l ict
herewith are h e r e b y r e p e aled. This Ordinance , aft er its final p assage ,
shall be record e d i n a book k e pt f or tha t p u rp os e , shall b e auth -
enticated by the sig natures of the ~layor and Director of Finance ,
and shall b e publis he d in the En g l wood H rald , a ne\vsp a p e r of
gene ral c i r c ulatio n published in s aid City, within s e v en d a y s after
its final p assage, and shall b e and r main irr p ea l a bl e until the
a ssessmen ts here by mad e shall b e p aid i n full.
Section 9. A public Hearing o n h Ordj n ance will b e
h ld h C . 1-l 11 . E l d C 1 d M d t h /fl!nl;J:;:d e at t e ~ty a ~n n g ewoo , o o r a o , o n on ay, e ~r
day of J u ne, 1969, at the h our of 8:00 o 'cl o c k P .M., b ef ore con-
s idera tion by t he City Co u ncil of i ts final p a s sage a nd adoption .
INTRODUCED AND READ This $u~ d a y of ~~9 6 9.
(SEAL) &&:~&~
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(To app ea r in fin a l pu b li ca tion )
/G.·6'J
FINALLY ADO PTED AND AP PROV ED \is a day of Jun e , 1969 .
( S E A L ) 0 p/ // /.
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RESOLUTION NO. 2~, SERIES OF 1969
A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE
CONSTRUCTION OF A CERTAIN PIPELINE AND ACCESS ROAD AND FOR
INGRESS AND EGRESS DURING PERIOD OF CONSTRUCTION.
NOW, THEREFORE, IE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD as follows:
1. That the City of Englewood does hereby, pursuant to
statute, determine to construct and has authorized the con-
struction, as a public work and improvement, of a pipeline
and access road, for ingress and egress during period of
construction, in Grand County, Colorado, as a portion of the
Ranch Creek Transmountain Diversion Project of said city.
Such construction to be made for the public purpose of supplying
municipal water to the water works of this city.
2. That the City Council of the City of Englewood,
pursuant to statutory authority, does hereby find and determine
that construction of aforesaid public works and improvement,
consisting in part of the pipeline and access road, for
ingress and egress during period of construction, constitutes
a public necessity.
3. That the Council further finds and determines that
acquisition of title to the following described real property
is necessary to permit construction of said public improvement
consisting of the aforesaid pipeline and access road, for
ingress and egress during period of construction, as follows,
to-wit:
Parcel A. Right-of-way for pipeline and access road lying on
the property of Western Timber Co.
Lying in the W ~ of the E ~ of Section 11, Township 1
South, Range 75 West, a right-of-way extending 75
feet to the left and 75 feet to the right of a line
described as follows:
Beginning at a point on the west line of the w ~.
E ~ of said Section 11 whence the north quarter
corner of said section bears North 4° 08' 30" East,
a distance of 870.4 feet:
Thence s o0 15' 0" E, a distance of 184.0 feet:
Thence s 61° 00' 0" E, a distance of 489.0 feet:
Thence s 18° 25' 0" E, a distance of 159.0 feet:
Thence s 23° 10' 0" w, a distance of 281.0 feet: to point
Thence s 23° 10' 0" l'l, a distance of 97.0 feet:
Thence s 27° 15' 0" E, a distance of 275.0 feet:
Thence s 21° 55' 0" w, a distance of 376.0 feet:
Thence s 15° 45' 0" E, a distance of 110.0 feet:
Thence s 2° 45' 0" E, a distance of 290.0 feet:
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Thence s 37° 30' 0" E, a distance of 638.0 feet: to point
Thence s 32° 49' 27" E, a distance of 45.3 feet:
Thence s 31° 32' 33" w, a distance of 605.6 feet:
Thence s 14° 58' 33'·' w, a distance of 64.3 feet:
Thence s 8o 35' 03" w, a distance of 107.0 feet:
Thence s 2° 52' 03" w, a distance of 113.4 feet:
Thence s 23° 45' 18" w, a distance of 117.8 feet:
Thence s 37° 30' 18" w, a distance of 112.0 feet:
Thence s 24° 06' 48" w, a distance of 100.0 feet:
Thence s 33° 01' 48': w, a distance o f 121.8 feet:
Thence s 23° 52' 48" w, a distance of 188.6 feet:
Thence s 10° 53' 33" w, a distance of 97.4 feet:
Thence s 24° 02' 12" E, a distance of 92.1 feet:
Thence s 40° 45' 57': E, a distance of 179.6 feet:
Thence s 10 20' 18" w, a dis tare e of 78.3 feet:
50 Thence s 38' 03" w, a distance of 88.4 feet:
Thence s 12° 10' 03" w, a distance of 88.6 feet:
Thence s 14° 39' 48" w, a distance of 14.93 feet:
to a point on the south line of Section 11 whence the
south quarter corner of said Section bears South 87°
West, a distance of 541.0 feet.
Beginning at point "A" (as described above)
Thence S 47° 17' 20" E, a distance of 916.5 feet:
Thence S 86° 29' 30" B, a distance of 201.8 feet:
to a point on the eaat line of W ~. E ~. Section 11
Beginning at point •s" (as described above)
Thence N 29° 03' 30'.' B, a distance of 87.0 feet:
Thence N 50° 58' 30" E, a distance of 325.8 feet:
Thence N 39° 14' O".E, a distance of 269.0 feet:
34'
to a point on the east line of the W ~. B~, Section 11.
Additional right-of-way adjacent to and continuous with
the above:
(1) Beginning at a point on the west line of the w ~.
E ~ whence the north quarter corner of Section 11 bears
N 4° 08' 30" E, a distance of 870.4 feet: thence north
along the west line of the W ~. E ~ of said Section 11,
a distance of 565.0 feet:
Thence N 89° 45' 0" E, a distance of 31.8 feet:
'!'hence S 0°0 15' 0" B, a distance of 563.1 feet:
Thence S 89 45' 0" W, a distance of 75.0 feet:
to the point of beginning.
(2) Beginning at the point whence the right or south
boundary of the right-o f -way intersects the west line
of theW~. B ~ Section 11, thence S 61° 00' B along
the south boundary of that right-of-way, a diatance of
270.0 feet, thence s 82° 41' We•t, a distance of 249.9
feet t o the west line of the ~. B~, thence north, a
distance of 163.2 feet along that west line to the point
of beginning.
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All rights-of-way here described contain a total of
23.38 acres, more or less.
Parcel B. Right-of-way for access for ingress and egress on,
over and across a road lying on the property of Norman
H. Moauro.
Lying in Sections 10, 11 and 15, TOwnship 1 South,
Range 75 West, a right-of-way extending 75 feet to the
left and 75 feet to the right of a line described as
follows:
Beginning at a point whence the northeast corner of
Section 65, TOwnship 1 South, Range 75 West, bears
north 28 28' East, a distance of 2600.8 feet:
Thence N no 30 1 43" E, a distance of 275.02 feet:
Thence N 82° 44 1 13" E, a distance of 169.56 feet:
Thence N 62° 10' 33" B, a distance of 109.93 feet:
Thence N 770 25' 43'-' B, a distance of 117.38 feet:
Thence N 15° 22' 13" E, a distance of 113.35 feet:
Thence N 9°0 22' 4 7" W, a distance of 260.04 feet:
Thence N 15 11' 17" W, a distance of 134.86 feet:
Thence N 51° 38' 37" w, a distance of 142.08 feet:
Thence N 46° 25 1 07" w, a distance of 143.53 feet:
Thence N se 0 45 1 07'.' w, a distance of 157.20 feet:
Thence N 48° 33' 07'.' w, a distance of 123.92 feet:
Thence N 28° 07' 47" w, a distance of 68.96 feet:
Thence N 4° 15' 53" B, a distance of 141.44 feet:
Thence N 19° 59' 13" B, a distance of 122.22 feet:
Thence N 5° 31 1 03" E, a distance of 236.63 feet:
Thence N 2° 16' 57" w, a distance of 328.50 feet:
Thence N 78° 59' 37" w, a distance of 154.00 feet:
Thence N 3° 28' 07" w, a distance of 147.13 feet:
Thence N 31° 29' 23" E, a distance of 111.04 feet:
Thence N 40° 25' 43" E, a distance of 225.14 feet:
Thence N 49° 21' 13" B, a distance of 233.74 feet:
Thence N 40° 58' 13" E, a distance of 191.32 feet:
Thence N 60° 10' 43" B, a distance of 226.11 feet:
Thence N 86° 21' 13" B, a distance of 95.21 feet:
Thence s 73° 13' 47" E, a distance of 142.96 feet:
Thence s 88° 30' 17" E, a distance of 85.13 feet:
Thence s 73° 34 1 47" B, a distance of 112.26 feet:
Thence N 54° 30 1 33" E, a distance of 893.96 feet:
Thence N 82° 32' 03" E, a distance of 124.21 feet:
Thence s 63° 01' 17" E, a distance of 631.16 feet:
Thence N 71° 41' 43 " E, a distance of 126.47 feet:
Thence N 39° 58' 23 " E, a distance of 102.85 feet:
Thence N 4°0 55' 37" W, a distance of 140.76 feet:
Thence N 19 00' 53" E, a distance of 137.6 7 feet:
Thence N 32° 42' 13 " E, a distance of 203.70 feet:
Thence N 16° 53' 13" E, a distance of 167.10 feet:
Thence N 28° 11' 13" E, a distar¥:e of 68.80 feet: I Thence N 54° 31' 43" E, a distance of 158.59 feet: • • Thence N 28° 32 1 43 " B, a distance of 66.44 feet:
Thence N 710 26' 23" E, a distance of 61.72 feet:
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Thence N 7° 58' 03" E, a distance of 122.12 feet:
Thence N 140 23' 37" W, a distance of 93.43 feet:
Thence N 40° 02' 07" W, a distance of 109.84 feet:
Thence N 48° 20' 27" W, a distance of 72.99 feet:
Thence N 58° 46' 37" W, a distance of 132.26 feet:
Thence N 30° 32' 37" W, a distance of 103.25 feet:
Thence N 18° 35' 03" E, a distance of 252.75 feet:
Thence N 64° 30' 23" E, a distance of 98.63 feet:
Thence N 2g0 OS' 23" E, a distance of 203.30 feet:
Thence N 5 25' 23" E, a distance of 134.39 feet:
to a point on the north line of the northeast ~ of
the southwest ~ of Section 11, whence the northeast
corner of Section 15 bears South 38° 22' West, a
distance of 3326.8 feet.
Containing 29.56 acres, more or less.
4. That negotiations with the owner thereof, Norman H.
Moauro, and Gabor Cseh holder of an option to purchase, have
been carried out and that said negotiations have failed and the
City is unable to agree with the owner upon the purchase of
said property.
5. That having made a determination of necessity, and
negotiations having failed, the institution of Eminent Domain
proceedings to acquire said land hereinbefore described, pursuant
to Part III, Section 76 of the Charter of the City of Englewood,
and pursuant to the Statutes of the State of Colorado, is expressly
authorized and shall be instituted.
6. That M. o. Shivers, Jr., an attorney at law, and such
associates as may be by him considered to be necessary, are hereby
authorized to represent the City of Englewood in any and all
legal proceedings herein authorized and directed to be instituted.
ATTEST:
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RESOLUTION NO. ~. SERIES OF 1969 JIIN16·sg
RESOLUTION RECOGNIZIN G THE IMMINENT NECE ~ L F'ilS cou~
DRAINAGE SYSTEM TO SERVE AND PROTECT THE CITI~ WIOJQD, ~-
PROPERTY GF 'l'fH3 tlQA'PIH31tli'P AAW OF ENGLEWOOD, COLORADO, .
AND DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD TO TAKE WHATEVER STEPS MAY BE NECESSARY TO
REMEDY STORM DRAINAGE PROBLEMS IN THAT AREA AT THE
EARLIEST POSSIBLE DATE.
WHEREAS , the City of Englewood , ei th er through the annexation of
property or the issuance of building pe rmits , has condoned
the development of property within the present City limits;
and,
WHEREAS ,
WHEREAS , the recent storm of June 8, 1969, resulted in substantial
property damage and inconvenience to property owners
within that area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, that this City Council should, and
hereby declares, that it will take whatever steps may be necessary to
remedy storm drainage problems in the aforementioned area at the earliest
possible moment.
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Mayor
ATTEST:
City Clerk-Treasurer
I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, Colo-
rado, do hereby certify that the above and foregoing is a true, accurate and
complete copy of a resoltuion passed by t;e City Council of the City of
Englewood, on the /?· day of t& 21.-'= • 1969 .
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CO UN C I L CHAM B ER~
CI1'Y OF EN GL EWOOD, COLBN'OO F F'" I C r t.:
JUNE 2, 1 96 9 CC !;!~'.C'L "':C UM--
'•T'l ~~'41 1i'
REGULAR MEE TING ~ jiffi 16 'G9
COU NCI.j.._f~~ ..
The city Council o f the Ci t ~J~t ~<£-Nm.Qml6 '~Ifflpahoe
County, Colorado, met in regular s es s icn on J une·~ £§69~Let
8 :00 P.M .
Ma yor Pro Tern Dh o ri ty, pres 'd ing , called the meeting
to order.
The invocation was g iven by Co ncilman Brown. Pledge
of Allegiance was led by Bo y Scout Troop No. 333.
The Mayor Pro Tern asked for roll call. Upon the call
of th e rol l, the following were present·
Counc ilmen Brown, Kre i l 'ng, Lay, Lone, Dhority.
Absent : Councilmen Park inson, Schwab.
The Mayor Pro Tern declared a quorum present .
Also present were: C~ty Manager Dial,
Ass ista nt Ci t y Manager Mack,
City Atto rney Criswell,
Ci ty Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED , COUNC I LMAN LONE SECONDED, THAT
THE MINUTES OF THE REGULAR MEETIN G OF MA Y 1 9 , 1969, BE APPROVED
AS READ. Upon the call of the roll, the vote resulted as
follows :
Ayes : Councilmen Brown , Kre iling, Lay, Lone, Dhority.
Nays : None.
Absent : Councilmen Parkins on, S chwab.
The Mayor Pro Tern declared the motion c arried .
* * * * *
Mayor Pro Tern Dhority recogni z ed the following citizens
from the list of "Special Citizen Pro gram Invitees":
Mr . and Mrs. Gene Snyder, 47 75 South Pennsylvania Street.
* * * * * *
City Atto rney Criswell i t r oduced Mr . Gordon Hinds,
attorney for the Ci t y of Pueblo, who 's recodi fying the City of
Englewood 's o rdinances.
Mr . M. M. Summers , 3140 S u Je aN are Street, appeared
befo r e C~ty Cou nc 1 to d iscuss the need f o r a swimming pool at the
Dartmouth Park loc at icn. Mr . Summ rs s • m~ ted a petition con-
taining 100 s gn a tu res (unverified ~n fa r of t he pool. The
head ing o f t he peri ion is wo rded as f -llo,.,·s ·
JUN 111 \969
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Englewood City Council:
We, the undersigned property owners
and residents of the area surrounding
West Dartmouth Park respectfully
petition you to construct a swimming
pool within this park.
We call your attention to the fact
there is no swimming pool for this
area and the small children must
cross the freeway of highway 70
and the through street of South
Broadway to get to the swimming
pool at the high school.
Mr. Summers stated that in the entire area where the petition
was circulated only four persons refused to sign. Mr. Summers
indicated that children wishing to swim from the areas served
by Dartmouth Park must cross South Broadway and U.S. 285 to reach
swimming pools. Many people wishing to swim from the area must
go to the Celebrity pool on Colorado Boulevard. Mr. Summers con-
cluded his remarks by stating that when the old City Park site had
been sold it had been the promise of City Council to replace the
park services provided by the old park. Mr. Summers stated that
to fully accomplish this a swimming pool at Dartmouth Park was
definitely needed.
City Council discussed the request. At the conclusion
of discussion it was the consensus that the petition be referred
to the Parks and Recreation Commission for further study.
* * * * * *
A memorandum from Mr. J. F. DeVivier, chairman of the
Board of Career Service Commissioners, recommending an appointment
to the Board was received for the record.
(Mayor Schwab entered the Council Chambers at 8:25 P.M.
and took his seat with Council.)
City Council discussed the request of Mr. J. F. DeVivier,
chairman of the Board of Career Service Commissioners, that Mr.
Harvey Mayer be reappointed to the Board.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
MR. ELMER L. AUSFAHL, 2780 SOUTH CLARKSON, BE APPOINTED TO THE
BOARD OF CAREER SERVICE COMMISSIONERS TO FILL THE VACANCY CAUSED
BY THE EXPIRATION OF THE TERM OF MR. HARVEY MAYER. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried •
* * * * * *
The minutes of the Parks and Recreation Commission
meeting of May 14, 1969, were received for the record.
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The minutes of the Board of Career Service Commissioners
meeting of May 22, 1969, were received for the record.
* * * * * *
The minutes of the Planning and Zoning Commission
meeting of May 7, 1969, were rece ived for the record.
* * * * * *
The minutes of the Water and Sewer Board meeting of
May 20, 1969, were received with five memoranda attached.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE MEMORANDUM RECOMMENDING AUTHORIZATION FOR THE UTILITIES
DEPARTMENT TO REPLACE AN EXISTING SIX INCH PRIVATE SEWER MAIN
TO SERVE THE CONSERVATIVE BAPTIST THEOLOGICAL SEMINARY BE
RECEIVED AND APPROVED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
City Council discussed a memorandum from the Water and
Sewer Board recommending an extension of the Connector's Agreement
between the City of Englewood and the Cheery Hills Sanitation
Association.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT THE EXTENSION OF THE CONNECTOR'S AGREEMENT WITH CHERRY
HILLS SANITATION ASSOCIATION BE APPROVED AND THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO EXECUTE THE DOCUMENT. Upon the call
of the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson .
The Mayor declared the motion carried.
Mr. J . R. Mack, Assistant City Mftnager, appeared before
City Council and presented a map designating additional land
recommended to be included in the Southgate Sanitation District
by the Water and Sewer Board.
COUNCILMAN LAY MOVED , COUNCILMAN BROWN SECONDED, THAT
THE RECOMMENDATI ON OF THE WATER AND SEWER BOARD THAT ADDITIONAL
LAND BE INCLUDED IN THE SOUTHGATE SANITATION DISTRICT BE APPROVED
AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE
DOCUMENT. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab .
Nays: None.
Absent: Councilman Parkinson.
The Ma yor declared the motion carried.
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A memorandum recommending a n a greement with the Walt
Flanagan Company to allow the cleani ng of said company's con-
crete trucks on City pro perty was rec eived and discussed.
Councilman Lay requested that a report on the cleaning
operations of the Flanagan Comp a ny be recei ved from the City
Manag er per1odically .
COUNC ILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED, THAT
THE PROPOSED AGREEMENT WITH THE WALT FLANAGAN COMPANY BE APPROVED
AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE
DOCUMENT. Upon the c all of the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None .
Absent: Councilman Parkinson.
The Mayor declared the motion carried .
A memorandum from the Water and Sewer Board recommending
that the McLellan Reservoir s ite not be annexed by the City of
Littleton was received and discussed.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER THAT THE MCLELLAN
RESERVOIR SITE NOT BE ANNEXED BY THE CITY OF LITTLETON BE TABLED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lone,
Schwab.
Nays: Councilman Lay.
Absent: Councilman Parkinson .
The Mayor declared the mot ion carried.
* * * * * *
A memorandum from the Board of Adjustment and Appeals
recommending an encroachment for a fence in the 4900 and 5000
blocks of South Acoma Street was received for the record.
COUNCILMAN LONE MOVED , COUNCILMAN BROWN SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN
ENCROACHMENT OF FENCES ON CITY PROPERTY IN THE 4900 AND 5000
BLOCKS OF SOUTH ACOMA BE APPROVED . Upon the call of the roll,
the vote resulted as follows:
Ayes : Councilmen Brown, Dhority, Kreiling , Lay, Lone,
Schwab.
Nays: None.
Abs ent : Co nc1lman Parkinson.
The Mayor declared the mo 10n c a rried .
A memor ndum from the Board of Adjustment and Appeals
recommend ing an encroachmen for pub ic park ing at Columbia Savings
and Loan was r ece1 ed f o r the record .
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COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS THAT AN
ENCROACHMENT FOR PUBLIC PARKING BE GRANTED TO THE COLUMBIA SAVINGS
AND LOAN, 700 WEST HAMPDEN, BE APPROVED . Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
A memorandum from Mr. J. Robert Mack, Assistant City
Manager, regarding legal publication costs was received for the
record.
RESOLUTION NO. 19, SERIES OF 1969
RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH ALL BILLS FOR ORDINANCES, EXCEPT EMERGENCY ORDINANCES,
IN FULL AND TO PUBLISH ALL ORDINANCES ADOPTED ON FINAL READING BY
REFERENCE, EXCEPT EMERGENCY ORDINANCES, AND EXCEPT AS OTHERWISE,
FROM TIME TO TIME, DIRECTED BY THE CITY COUNCIL.
(Copied in full in the official Resolution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT RESOLUTION NO . 19, SERIES OF 1969, BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhor ity, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
A memorandum from Mrs. Phyllis J. Wiebe, Director of
Libraries, regarding Sunday library openings was received for
the record.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION OF THE DIRECTOR OF LIBRARIES THAT SUNDAY OPENINGS
OF THE ENGLEWOOD PUBLIC LIBRARY BE DISCONTINUED BE APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None •
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
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A memorandum from the Planning and Zoning Commission
recommending street name changes was received for the record.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE RECO MMENDA TION OF THE PLANNING AND ZONING COMMISSION
THAT SOUTH PECOS STREET BETWEEN THE SOUTH CITY LIMITS AND WEST
TUFTS AVENUE BE CHANGED TO SOUTH WINDERMERE STREET EFFECTIVE
JANUARY 1 , 1971, BE APPROVED AND THAT THE CITY ATTORNEY BE
DIRECTED TO PREPARE THE NECESSARY ORDINANCE. Upon the call of
the ro ll , the vote resulted as follows :
Schwab.
Ayes: Counc ilmen Brown, Dhority , Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion c arri ed.
* * * * * *
A memor andum from the Board of Adjustment and Appeals
recommending an encroachment at 180 West Girard Avenue was received
for the record.
COUNCIL MAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDAT ION OF THE BOARD OF ADJ USTMENT AND APPEALS THAT
AN ENCROACHMEN T OF A PLANTER ON THE CITY SIDEWALK AT THE CHAMBER
OF COMMERCE BUILDING LOCATED AT 180 WEST GIRARD BE APPROVED AND
ACCEPTED. Upon the call of the roll, the vote resulted as
follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay,
Lone, Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Ma yor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING REGARDING THE POSSIBLE REVOCATION OF THE LIQUOR
LICENSE GRANTED TO THE PEANUT BARREL, 3535 SOUTH HURON, BE REOPENED.
Upon the call of the roll, the vote resulted as follows:
Schwab .
Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman P arkinson.
The Mayor declared the motion carried and the public hearing
open at 9:30 P .M . (Note: A tape recording of the public hearing
is on file wi th the offici al mi nutes. This public hearing is
c o nt inued from he Ma y 19, 1969, public hearing .)
Listed b elow are those individuals who appeared before
City Council a nd the exhibit s presented :
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Mr . Jerry S turm, 3 184 West Edgemcre Drive.
Exhibit No. 1 A letter from Mr. Ralph T. Virtue,
1750 Gilpin Street, concerning the
design of plumbing, heating, venti-
lating, a nd electrical systems for
the proposed Peanut Barrel , 3535
South Huron .
Mr. Kells Waggoner, Director of Public Works.
COUNCILMAN LA Y MOVED , COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING BE TE MPORARILY CLOSED UNTIL THE ARRIVAL OF
MR. BRYAN BENNETT, 306 JOHNSON BUILDING, TO PRESENT ADDITIONAL
INFORMATION TO CITY COUNCIL. Upon the c all of the roll, the vote
resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nay s : None.
Abs e nt : Councilman Parkinson.
The Mayor decl ared the motion carried and the public hearing
temporarily closed at 9:37 P.M.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 22, SERIES OF 1969
AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS, ACCESS WAYS
OR RIGHTS OF WAY PRESENTLY EXISTING WITHIN BLOCK 8, HARLEM SECOND
ADDITION , CITY OF ENGLEWOOD , STATE OF COLORADO .
(Copied in full in the official Ordinance Book.)
COUNCILMAN LAY MOVED , COUNCILMAN DHORITY SECONDED, THAT
ORDINANCE NO. 22, SERIES OF 1969, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of t he roll, the vote resul ted as follows:
S c hwab.
Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson.
The Ma y or declared the motion carried.
* * * * * *
Introduced as a Bill by Councilma n Lay and read in full,
A BILL FO R
AN ORDINANCE APPROVING THE WHOLE COST OF TH E IMPROVEMENTS
MADE IN PAVING DISTRICT NO. 17, IN THE CITY OF ENGL EWOOD , COLORAD07
APPROVING AND CONFI RMIN G THE APPORTIONMENT OF SAID COST TO EACH LOT
OR TRACT OF LAND IN SAID DISTRICT 7 ASSESSING A SHARE OF SAID COST
AGAINST EAC H LOT OR TRACT OF LAND IN TH E DISTRICT; PRESCRIBING THE
MANNE R FOR THE COLL ECTION AND PAYMENT OF SA I D ASSESSMENTS; AND
DECLARI NG AN EMERGENCY.
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COUNCILMAN LAY MOVED , COUNC MAN DHORI TY SECONDED, THAT
THE PROPOSED BILL F OR AN EMERGENCY ORDINANC E BE PASSED ON FIRST
READING AND ORDERED PUBLISHED IN FULL I THE ENGLEWOOD HERALD AND
ENTERPRISE. Upon the c al l of the roll, the vote resulted as follows:
Ayes : Counci lmen Brown , Dhor ity , Kreiling, Lay, Lone,
Schwab .
Nays : None.
Absent: Councilman Parkinson.
The Ma yor declared the motion c arried .
* * * * *
A memorandum from Mr. Stephen A. Lyon , Director of
Finance, regarding the transfer of funds for Paving Di strict
No. 17 was received for the record.
* * * * * *
RESOLUTION NO. 20, SERIES OF 1969
A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORAD O, TO CRE ATE AN IMPROVEMENT
DISTRICT IN SAID CITY , TO BE KNOWN AS SIDEWALK IMPROVEMENT
DISTRICT NO. 69 ; ADOPTING DETAILS AND SPECIFICATIONS THEREFOR;
ESTABLISHING A DATE AND PLACE FOR A PUBLIC HEARING UPON THE
CREATION OF SAID DISTRICT , AND ORDERING PUBLICATION AND MAILING
OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE ASSESSED WITH-
IN THE DISTRICT .
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO . 20, SERIES OF 1969 , BE ADOPTED AND APPROVED.
Upon the c al l of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority , Kreiling , Lay , Lone,
S chwab .
Nays: None .
Absent: Councilman Parkinson.
The Mayor declared the motion c arried.
* * * * * *
RESOLUTION NO. 21, SERIES OF 1969
RESOLUTI ON RECOGNIZING TH E IMMINENT NECESSITY FOR THE
CONSTR UCTION OF AN EXPRESSWAY TO SERVE THE SOUTH AND SOUTHWESTERN
PORTION S OF THE DENVER METROPOLITAN AREA AND CALLING UP ON THE
COLORADO STATE HIGHWAY DEPARTMENT AND ALL OTHER APPROPRIATE STATE
OFFICIALS TO TAKE WHATEVER STEPS MAY BE NECESSARY TO ASSURE CON-
STRUCTION OF THE SAME AT THE EARLIEST POSSIBLE DATE .
(Copied in full in the offici al Resolution Book.)
COUNCILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 21 , SERIES OF 1969 , BE ADOPTED AND APPROVED. Upon
the call of the roll , the vote res lted as follows:
Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone ,
Schwab .
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Nays: None.
Absent: Councilman Parkinson .
The Mayor declared the motion carried .
* * * * * +
City Attorney Criswe 1 stated that on May 27, 1969,
Judge Foote in District Court h ad denied the appeal of Mrs. Bernice
M. Buchler from the Board of Adjustment and Appeals' decision
concerning the Buchler 's site a t 3602 South Acoma.
* * * * * *
City Attorney Criswell stated that with Mr. Gordon Hinds
his office was reviewing the recodification of the City's Code
with department heads through June 4, 1969.
* * * * * *
City Attorney Criswell reported that the Adams'
property for the proposed Centennial Park had been purchased on
May 29, 1969.
* * * * * *
Mayor Schwab declared a recess at 10:03 P.M. Council
reconvened at 10:24 P.M. Upon the call of the roll, the following
were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Absent: Councilman Parkinson .
The Mayor declared a quorum present.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING ON THE POSSIBLE REVOCA TION OF THE PEANUT BARREL
LIQUOR LICENSE, 3535 SOUTH HURON, BE REOPENED. Upon the call of
the roll , the vote resulted as follows :
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays : None .
Absent: Councilman Parkinson.
The Mayor declared the motion carried a nd the public hearing open
at 10:25 P.M. (Note : A tape recording of the public hearing is
on file with the official minutes.)
Listed below are those individuals who appeared before
City Counc il and the e xhib its p resented :
Mr . Jerry Sturm, 3184 West Edgemore Drive.
Mr . Bryan Bennett, 306 Johnson Building, Denver.
Mr. Ke lls Waggoner, Director of Public Works.
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COUNCILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED, THAT
THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote
resulted as follows:
Ayes: councilmen Brown, Dhority , Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion c arried and the public hearing
closed at 10:36 P .M.
* * * * * *
City Manager Dial presented and discussed a report on
a community action plan for the C1ty of Englewood.
* * * * * *
City Manager Dial presented a memorandum on building
construction use taxes recommending that the forty per cent of
total construction value which is used to represent materials
be raised to fifty per cent .
After discussion it was the consensus of City Council
that the City Attorney draw up an ordinance affecting the change
in percentage representing taxable materials from forty per cent
to fifty per cent in the sales tax ordinance.
* * * * * *
City Manager Dial stated that the City of Englewood
had been attempting to obtain quotationsfor the clean up of the
Kingsley property at 2350 South Tejon as ordered by the Court.
Mr. Dial stated that four private firms had been contacted and
only one proposal had been received, that of Commercial Auto
Salvage for $12,000. Director of Public Works Waggoner had esti-
mated that the cost of City force was $11,290 for the clean up.
City Council discussed how to accomplish the work and
whether to attempt to obtain more private bids or accomplish the
work with the City force.
* * * * * *
City Manager Dial reported that during the May 1969
flooding approximately $4,500 of damage had been incurred by the
Utilities De partment. As Arapahoe County had been declared one
of the counties in the disaster area by the Office of Emergency
Preparation it would be possible to obtain federal reimbursement.
City Manager Dial indicated that a resolution authorizing appli-
cation wo uld be re4ui red.
RESOLUTI ON NO. 22, SERIES OF 1969
RESOLUTI ON AUTHORIZING THE CITY MANAGER TO MAKE APPLI-
CATION UNDER THE FEDERAL DISASTER ACT FOR REIMBURS EMENT OF COSTS
INCURRED IN THE MAY, 1969 FLOODING.
(Copied i n full in the offici al Resolution Book.)
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COUNCILMAN LAY MOVED , COUNCILMAN KREILING SECONDED,
THAT RESOLUTION NO . 22 , SERIES OF 1969 , BE ADOPTED AND APPROVED.
Upon the call of the roll , the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhori ty, Kreiling, Lay, Lone,
Nays : No ne .
Absent: Councilma n Parkinson.
The Mayor declared the motion carried.
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City Manager Dial stated that Mr. Ray Printz had been
requested by the Colorado Division of Fish, Game, and Parks to
represent the state at a meeting in Omaha, Nebraska on June 6
to June 9, 1969. The expense of Mr. Printz's trip would be borne by
the State of Colorado .
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT
THE OUT OF STATE TRIP BY MR . RAY PRINTZ TO OMAHA, NEBRASKA ON
BEHALF OF THE STATE OF COLORADO DIVIS I ON OF FISH, GAME, AND PARKS
BE AUTHORIZED. Upon the call of the roll, the vote resulted as
follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried .
* * * * * * * *
City Manager Dial stated that the 20-Bond Index, a gauge
for municipal bond issues, h ad climbed in the past three weeks
to 5.60 per cent on May 28 , 1969.
* * * * * * * *
City Manager Dial stated that a report on traffic would
be presented at the next City Council meeting . City Manager Dial
also indicated to members of City Council t hat he would be attempting
to take two days of vacation during the month of June, 1969.
* * * * * * * *
Mayor Schwab discussed a protest of the removal of the
trees at 495 Eas t Oxford i n connection with Paving District No. 18
construction .
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Councilman Dhor ity stated th at he h ad received a subpoena
to appear in municipal c o u rt about a dog runn"ng loose in the
neighborhood for wh ich he had submitted a complaint to the Englewood
Police Department .
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City Attorney Cr i swell s t ated t h at if t he officer had
witnessed the dog runni ng loos e 1n t h e ne ighborhood, the subpoena
would not have be e n n ece ssary. However , in many cases the dog is
confined when t h e e nforcing o f f i c e r arrives; and it is necessary
that a witness appear t o te s t i fy as o the fa c ts of the situation.
City Manage r Di a di s cu s sed dog licensing within the City .
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Councilman Bro wn i nqu i red about the policy of the City
of Englewood for r e s ervi n g t ables and shelters for groups at the various parks.
At the conc l usion of t he discussion City Manager Dial
indicated that a memorandu m o n t he policy of reserving shelters
and tables at the various park s wo uld be submitted.
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Councilman Kre i l 'n g r e q ue s ted th a t the City Manager
send Mayor Jane Rosenbach of t h e City of Sh eridan a copy of the
financial statements on the Englewood-Li t t l eto n -Fort Logan Bus Line recently prepared for the years 1 966-6 7 -68 .
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COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED , THAT
THE BILL FOR AN ORDINANCE RELOCATING THE PERSONNEL DIRECTOR UNDER
THE CITY MANAGER BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows:
Schwab. Ayes: Counc i lmen Brown , Dhority, Kre i ling , Lay, Lone,
Nays: None.
Absent : Counci lman Parki nson.
The Mayor declared the mo tion c arri ed.
City Council and the City Manager discussed various aspects of the proposed ordinance.
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT
THE CONSIDERATION OF THE ORDINANCE PLACING THE PERSONNEL DIRECTOR
UNDER THE CITY MANAGER BE TABLED UNTIL THE JUNE 16, 1969, REGULAR
MEETING W!-IEN A REPORT AND RECOMMENDATION FROM THE CITY MANAGER
WOULD BE RECEIVED . Upon the call of the roll, the vote resulted as follows:
Ay es: Counci lmen Dhority, Krei l i ng, Lone.
Na y s: Cou n cilmen Br o wn , Lay , S chwab.
Abs e n t: Councilman P ark inson .
Th e Ma yor decl a red the mo ti on fa iled .
ORD I NANC E O . 2 3 , SER ~E S OF 196 9
AN ORD INANCE AME NDI G CER TAI N PR V S IONS OF CHAPTER 6
OF THE MUNI CIPAL CODE OF THE C:TY OF ENGLEWO OD TO EXCLUDE FROM THE
CAREER SER VICE SYST EM ALL AD M";:N STRA T I VE ASSI S l'AN T S TO THE CITY
MANAG ER AND AUTHO R-ZING THE CZTY MA 'AGER TO DES I GNA TE AN ADMINIS-
TRATI VE ASS:S TAN T I N H:S OFFJC TO ACT AS THE PERSONNEL DIRECTOR
OF TH E C I TY OF ENGLE WOO AND l'O A :~ THE BOARD OF CAREER SERVICE COMM ISS I ONE RS IN THE PERFORMANCE OF TS DUTIES.
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COUNCILMAN LAY MOVED , COUNCILMAN BROWN SECONDED, THAT
ORDINANCE NO. 23, SERIES OF 1969, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Discussion continued.
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT
THE MOTION CALLING FOR THE FINAL PASSAGE OF ORDINANCE NO. 23, SERIES
OF 1969, BE TABLED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lone.
Nays: Councilmen Lay, Schwab.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
(Note: Because Ordinance No. 23, Series of 1969 was
tabled it is not copied in full in the official Ordinance Book
and a new number will be assigned to it upon final passage.)
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried and the meeting ad journed at
12:15 A.M.
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Precinct No.
Precinct No.
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Prec inct No.
Prec inct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
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Utvcll.. I 4 C.:.' Fie J.J o0 "SPECIAL CITIZEN PROGRAM INVITEES" -June 16, 1'!1~ ,..., CUfvrltf'V
cft/ty J .,.
1 -Mr. and Mrs. Fred Elliott, 2083 ttett Adrl.at~QS',glace
crtt tvcti.. ~
2 -Mr. and Mrs . s. E. Wood, 2758 Sout~~~;~1~~t fr~re-inv ited )
INooo z.e;
3 -Mr . and Mrs. w. D. Hudiburgh, 1195 East Bates Pa~
4 -Mr. and Mrs. Claredon Floyd, 3198 South Bannock Street
5 -Mr. and Mzs. V. L . Brown, 3405 South Pennsylvania Street
6 -Mr. and Mrs. Charles W. Stellter, 3553 South Emerson Street
7 -Mr. and Mrs. E. A. Stevenson, 3135 South Gilpin Street
8 -Mr. and Mrs. Hal Wolfe, 2190 East Floyd Avenue
9 -Mr. and Mrs. Frank Gross, 4005 South Huron Street
Precinct No. 10 -Mr. and Mrs. Howard Clanton, 3934 South Sherman Street
Precinct No. 11-Mr. and Mrs. G. S. Carl, 4270 South Lincoln Street
Precinct No. 12 -Mr. and Mrs. Paul S. Apodaca, 4290 South Jason Street
Precinct No. 13 -Mr. and Mrs. T. M. Crump, 4501 South Jason Street
Precinct No. 14 -Mr. and Mrs. R. E. Madden, 4841 South Clarkson Street
Preci nct No. 15 -Mr. and Mrs. Glenn Watkins, 4830 South Fox Street
Precinct No. 16 -Mr. and Mrs. R. W. Murray, 3008 West Stanford Avenue
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INTER-OFFICE
MEMORANDUM
Stanley H. Dial, City Manager DAR : June 12, 19.69
Stephen A. Lyon, Director of Finance
SU~ECT : Licensing of Masseurs -Ordinance No. 19, Series of 1969
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Ordinance No. 19, Series of 1969 which regulates health therapy
establishments and licenses masseurs and masseuses is presently
being implemented by this department and the Police Department.
The ordinance goes into full force and effect June 22, 1969.
In implementing this ordinance it was found that although an
individual may become a licensed masseur or masseuse after
3,500 hours of apprenticeship under the direct supervision of
a licensed masseur, no provision had been made in the ordi-
nance to allow for apprenticeships or apprentice licenses.
A letter from the European Health Spa has been received by
this office requesting that such a provision be made within
the ordinance. Chief Clasby and I have discussed the licensing
of apprentice masseurs as requested and believe that such an
arrangement would be equitable and should not hamper the
"weeding out" of undesirable individuals using massage as a
front for illegal activities.
Section 17.2-4 of the new ordinance sets standards for employ-
ment of all individuals by health therapy establishments. In
order that it be determined that those individuals employed
by health therapy establishments meet these standards, it is
Chief Clasby's opinion that at least a FBI report of each
individual be made . Due to the fact that most ·employees of
the European Health Spa are college students and the duration
of their employment is rather short, it is possible that well
over 100 people would have a FBI records check each year.
This is overly burdensome on the Police Department and the
FBI. Practically the same ends can be accomplished by limiting
the FBI check and background investigation to the managers and
assistant managers of health therapy establishments.
It is, therefore , recommended th at Ordinance No. 19, Series of
1969 be amended to:
1. Allow for apprentice masseurs and masseuses to be
licensed upon a satisfactory background investigation.
2. That only the backgrounds of the managers and assistant
managers of h e alth therapy establishments be subject to the
determination of the Chief of Police that they pass the mini-
mum standards established in the ordinance.
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Stanley H. Dial, City Manager
Page 2
June 12, 1969
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It would be desirable that the revisions recommended above be
passed on first reading June 16, 1969, prior to the effective
date of Ordinance No. 19, Series of 1969 on June 22, 1969.
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Director of Finance
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RESOLUTION NO. ___ , SERIES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR A STORM
DRAINAGE SYSTEM TO SERVE AND PROTECT THE CITIZENS AND
PROPERTY OF THE NORTHEAST AREA OF ENGLEWOOD , COLORADO,
AND DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD TO TAKE WHATEVER STEPS MAY BE NECESSARY TO
REMEDY STORM DRAINAGE PROBLEMS IN THAT AREA AT THE
EARLIEST POSSIBLE DATE.
WHEREAS, the City of Engle wood , either through the annexation of
property or the i ssuance of building permits , has condoned
the development of property within the present City limits;
and,
WHEREAS, the City of Englewood , the developers and the owners of
such properties have not provided adequate storm drainage
facilities in the northeast section of the City; a ·.J ,
WHEREAS, the recent storm of June 8, 1969, resulted in substantial
property damage and inconvenience to property owners
within that area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, that this City Council should, and
hereby declares, that it will take whatever steps may be necessary to
remedy storm drainage problems in the aforementioned area at the earliest
possible moment.
ATTEST:
Stephen A. Lyon
City Clerk-Treasurer
Elmer E. Schwab
Mayor
I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, Colo-
rado, do hereby certify that the above and foregoing is a true, accurate and
complete copy of a resoltuion passed by the City Council of the City of
Englewood, on the day of , 1969.
City Clerk-Treasurer
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RESOLUTION NO . 2.3.._, SERrES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR A STORM
DRAINAGE SYSTEM TO SERVE AND PROTECT THE CITIZENS AND
PROPERTY OF THE NORTHEAST AREA OF ENGLEWOOD , COLORADO,
AND DECLARING THE INT E NT O F THE C ITY COUNCIL OF THE CITY OF
ENGLEWOOD TO TAKE WHAT EVE R STEPS MAY BE NECESSARY TO
REMEDY STORM DRAINAG E PROBLEMS IN THAT AREA AT THE
EARLrEST POSSIBLE DA TE .
WHEREAS, the Ci ty o f E ngl ewood , e ither through the annexation of
prope rty o r the iss uance of building p e rmits , has condoned
the d e ve lopment of property w ithin the present City limits;
and ,
WHEREAS , the City of Englewood , the developers and the owners of
such properties have not provided adequate storm drainage
facilities in the northeast section of the City; a :.J ,
WHEREAS, the recent storm of June 8 , 1969, resulted in substantial
property damage and inconvenience to property owners
within that area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, that this City Council should, and
hereby declares, that it will take whatever steps may be necessary to
remedy storm drainage problems in the aforementioned area at the earliest
possible moment.
ATTEST:
Stephen A. Lyon
City Clerk-Treasurer
Elmer E . Schwab
Mayor
I, Stephen A. Lyon , City Clerk-Treasurer of the City of Englewood, Colo-
rado, do hereby certify that the above and foregoing is a true, accurate and
complete copy of a resoltuion passed by the City Council of the City of
Englewood , on the day of , 1969.
City Clerk-Treasurer
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The Honorable !l .. r E. Schwab
Englewood City Council
Englewood City Hall
3400 s. Elati Street
Englewood, Colorado 80110
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The residents of the 2800 block on South Corona and Downing
Streets suffered considerable daaage fro. the flash flood which
occurred laat Sunday afternoon. Although the atora vaa aavara ve
faal that •uch of the daaaga could have bean prevented if ve had
had an adequate ato~ aewar ayat ...
Thia waa a new experience for four of our houaaholdara for
they have recently .ovad inta the area. It vaa frightening for
<L th .. and very diacour)ling for those of ua who have aaen .. ny atoraa
in thia neighborhood. Sporadically, during the laat decade wa have
triad to persuade the !ngl._ood city a~iniatration to provide
•--•r• for the city but have not auccaaded. Wa realise that there
are other areas Which were aa badly hit aa we vere.
I understand that plana for a ayat .. vera .. de several years
ago but little waa dona becauaa of the expense. Yet the property
taxes were cut thia year. I do not knaw about the legalltiaa, but
I wonder if the city haa .ora ~•Y than it naeda for currant
expenaea at the end of thia fiscal year if the extra could be
applied to good ato~ ... era for the Whole city Instead of reducing
taxes.
Several years ago I heard a fo~•r .. yor aay that it would do
no good to try to have a bond election for ato~ •--•r• because
people vho live in the higher areas would vote aaainat it. That ia
not an entirely valid ara~nt. The people of Denver voted for
banda for a ato~ ... er. Are the residents of Engl .. ood laaa
public spirited than thoaa of Denver? If a bond iaaua ia naadad ,
ve , in thia block, will work to aet out the vote and do our beat to
influence the voters.
I have seen sa.e articles in the n._apepera about a ato~ a .. ar
ayat .. for the entire .. tropolltan area. To .. , that a-. to be
the beat solution, but haw -y ato~a ~t va endure before any-
thing ia acca.pliahedf
Very truly yours,
~1'1-< L-..._1 L
(Hhs) Dorta Wells
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Mr. Stanley Dial
City Manager
City Hall
3400 South Elati
Englewood, Colorado 80110
Dear Mr. Dials
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June 13 1 1969
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I am sure that since the newspaper articles regarding your proposed
drainage system plans for Englewood have appeared you have received
many, many letters of this nature. I would, however, like to make
a plea for some help in the Centennial Acre& area of Englewood where
• live.
We have been in this neighborhood about 13 years,and each year the
situation gets progressively worse. The street is Grand Avenue,
west of Federal Blvd.
The building has been allowed to continue above us, but there is not
a single storm drain all the way from 4300 West Grand (Ithink this might
be Littleton) all the way to 3000 West Grand which is down hill all the
way. The problem is further enhanced by a hill at 4300 West Grand which
is slowly erroding away and from which we get a muddy river everytime we
have even a small rain. By the time the water reaches us it is a river
overflowing the sidewalks and into yards and some times into houses. This
problem exists on the north side of the street.
We have checked the general neighborhood during the rains and find that
those streets with storm drains anywhere along the line do not have this
problem.
At the intersection of Grand and Federal, the water collects into a small
lake, and we always have water sitting there. The street at this location
is again caving in this year as it did last year, and it will undoubtedly
require repairs again soon.
I have written to our area representative on the city council, but I have
received no reply. I certainly understand that your position gives you
little time for answering complaints, but I would certainly appreciate
anything which you might do to help us.
Sincerely,
~~',??.! ~~·
Ml y L Bottorff
300~ West Grand Avenue
Englewood, Colorado 80110
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crry c~t"Jr..!Lc ' A l
F·::-''?OC UI\-1f;:N
Ah ereas our prop e rty is re pe atedly ama g ed or threatene~
J'I!J ] 0 ,
of du:n a g e by the ove r n m; o f t he De rl?!~tj NCi ty Di ~,
CIT'( OF C/L r,;;:::_ i /,'
we , t h e unde rsi e;ned resi d ents o f En e;lewo~G idal,vl:lJ~e£f.f .. £
· C'o Lo.
pe t i tion the City o f En g lewood
(1 ) a said dl ch shall be im media tel y a nd
ad equatel y d rc d ~ed so t ha t it will be able to
car r y mo re storm r u off water b e ~or e r eachin G
I lo od stag e ;
(2 ) a n d fu r t .. erm ore , that the City of En [l ewood g ive
fu r t h er atte ntion to an ad equate d r ai nac e system
wh ich wi l l prot ect its residents ' p ro p e rti e s
f ra n: I l ood dama Te .
AD DRESS
t../s o u ~ D • -::::pz-8 o :>J $1 .
~3~~ :3 a ~
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C:ou, f::t c r
June 10 , 1969
IL (' -4 f.. ">c:, Whe reas our property is repeatedly dam a g ed ,pr, ~hreat~~~
c o , .1 :J ·~
of dama g e by the overflow of the n /itJI;r,e t;,.~~y .Di t'cH,
F' l2tvG~·;_ • I
we, the undersi gn ed residents of En g lewood, ~v8~Pe~~
0 c 12
petition the City of En gl ewo od , ol.o.
(1 ) that said ditch shall be immediat el y and
adequately d re d ed so that it will be able to
carry mor e storm runoff water b e f ore reaching
f lood stage ;
(2 ) and fu rthermore, that the City of En g l ewood g ive
further attention to an adequate drainag e system
which will p rotect its residents' pro p erties
f rom f lo od dama ge .
Lf !?C.
>,.,
Z>ht £a.
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ADDRESS
1 155 j .1/>'J~J
'-/ f I S .S.o J M:.<::...-c
, , . 2 > I . th<YS-<
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Jun e 10 , 1969 C'tl)-0 1:-
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,.,,l'vc,l. C' 1 4 , ,,oo l..
'1/hereas our property is rep e atedly dama e d g r thr~ Jne d.,.r; cu,.,l2'1\t
Ct"J:-Ol.f..tw 6 (5' '1'
of dama g e by the o v erflm-1 o f the Denver Cit.~~ <;hi.· 9
"'"' ''l. ~ .. .,./\ we, the undersi g ned residen ts o f Eng lewood, do her~0 · G ~ oo 'l.to . co
l.o. p eti tio n th e City o f En gl ewood
(1 ) that s a id ditch shall be immediat el y and
adequately d red ,e d so that it will be able to
carry more storm runoff wate r b e f ore re a c hin ,•
fl ood sta b e ;
2 ) and f ur th ermore, that the City o f En{"l ew ood "'ivc
f r ~h e r a t t entirn to an adequate d r ainar e system
iiLich wil p r o ect i s res iden ts ' p ro p er tie ~;
;'ron. J'l ood da n'l. ·e •
ADDRESS
!13/Z .S9 0..,~ /
4 sd/ ~':: _)_~t-s c-rJ C1
, ;;>-II ed ez;,,4i/
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TO : Mr. Stanley H . Dial, City Manager
INTER-OFFICE
MEMORANDUM
FROM : Englewood Parks & Recreation Commission
DATE : June 13, 1969
SUBJECT : PETITION FOR SWIM POOL AT DARTMOUTH PARK
Your memorandum of June 6, 1969, was reviewed by the Parks and
Recreation Commission on Wednesday evening, June 11. The Com-
mission studied all aspects of the proposal and the following points
were evident as part of the discussion.
1. We face a very critical situation in the capital construction
funds to even complete the parks and recreation facilities
now necessary. It would seem inadvisable within the next
five to ten years that money would be available for this type
of project.
2. We now have two very fine swim pools in Englewood. While
we recognize that they are both in the southern section of the
City, we believe that there is a "saturation" of swimming
facilities at this time . The fact is that we are concerned with
the attendance at the indoor pool for the coming summer and
certainly would not want to move on additional pools until we
know the outcome of the summer activities .
3. There was a question raised regarding the placing of a pool
in Dartmouth Park even if funds were available. While we
do not have the actual figures concerning the trend in enroll-
ment at Bishop Elementary School, it was the opinion of those
present that the number of children in that area is decreasing.
Therefore, a thorough study of this should be made if a pool
were to be considered in the northern part of the city.
In view of the above consideration, the Commission can not recommend
the construction of any type of swimming facility at Dartmouth Park at
this time.
If the City Council feels that they would like to have a detalled study
and consideration, we would certainly be glad to oblige.
Very sincerely yours,
/~~~
COLBERT E. CU SHING , Chairman
Englewood Parks & Recreation Commission
CEC /er
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JUN 1 6 19ft
3 (b)
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c ot, ';:_I c ,
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CI'l'Y 0 ENGLEWOOD, COLORADO J(j/'1 J 0 ~"""
e: coutv 6 '[;_q
PPEALS REGULAR MEJ..~ ~'!-_ IL '13, 1969
-"VGt.../2 t::r,,,c
e ting to o:rder at 8:00 P. N. ""0 oo :!~ . -u'-<t
ch or , zen, Wett ratrom, Clayton, Rhodus
JOhn Criswell, City Attorney, Beryl A.
all ce, Chi.<!!f .truilding Inspector
lls Waggoner, Director of Public Works
r, o-.: r Case No. 68-48A
Aoplic~~t, JAsse
36)2 South Aco~a
Public Hearing on the above property JUly 1, 1968
o srune July 10, 1968. The case has since been
~ e matter has b~en referred back to the Board
y ti.~ Ordc~ of the District Court for the count y of Arapahoe, which
'nY"l:::ructcd the Board to adop·t findings o f fact in support of its
c-.ctio al"'d thereafter, to re-certify the reco rd in this case to that
c ur eor fu:;:thc:c consideration.
~fi::·~r cliscu:;:sion b e i:.ween embers of the Board,
Clayton moved ,
:?'tcbford seconded, that this Board adopt t he following
Reaolu'i:.ion :
EE IT r~OLVED that based upon the testimony, ~~hibits and
th ·:.. '!.nfo;-:mat.;..on !lul:;·nitted to the Board at the Public Hearing hereto-
for held in t e mutter of. the gr n t ing of a variance to Bernice M.
:..uchler. for p!'or>e:orcy locai:ed at 3602 South Acona Street, as well as
n •fJt.'lectio:t of the ·Rfu:,ie ct property and of the surround ing neighborhood,
'!"he o ard finds as follmors :
1. That all :.:ocedural require.nents of the Ordinance,
including, but not li..aited to, publ'c notice and the public hearing
have been met by th a pplicant ~1d the Board.
2. The Raid property is located in an R-3-B zone and has
been zoned -3-B oi.r.c~ 1955 which permits profes s ional office
builcUng-on a min.i.mum frontage of 75 f€et and mini.nnuu lot aren of
9,000 q. f.et ~1 ubject property h as considerable le s than the
rcq jred ~.ooo ·~~ re feet.
J. That e~ch o f the conditions required to exist in order
for this Bo·rd to c er.c is its authorit¥ d di~crction to grant
P Vari~~c • as a.t forth in Section 22.2-Gc of Ordinance No. 26,
~eries of !9GJ , do not exist in o f ar as the subject property is
concerneQ. Particularly,
(a) •rh Variance will not do sulntantial justice to all,
b t just to the particular applicant f.or he Variance.
JUN 1 6 1969
3 Cd.)
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(b) The light of the owner of the property for which
the V<>riancf' ia so ght is not d u e t.o uniqt.te circumstances existing
on u~c prcp~rty and is not d e t.o general condition£~ in the District
in •hj.ch the property is locot.ed , but was created by the owner o:r
o-.mcl:o them. Bel ve~.
(c) The Qevelcpment or us of the property, if held strictly
to th~ zon·n9 st&ldards of the District in ~hich it is located, can
yiclct a rea"'on~ble retul"J'. in <>ervice, u e, or income compared to
edjacent confo ~~ing property in the aamc district.
4. That, in addition, -the~eto, the following factors militate
agninot granting o f the said varianc~.
(n) ~rne o mer. of the property by her own testimony
'ao aware of tho zon5r.g ~eGtri ctions hen she p urchased the property.
A•!~' hi:~r ~ehip Has, therefore, self-imposed .
(b) "fuilc the sul>~e ct tract i3 zoned R-3-B, there are
certai n limit. tlo:ts of office uses within this District. Since
adJ "r.cu .;. n i hbo.::-s ctill maintain residences on their property, as
0ted ; 1 rccoru of proc"edingc , the Board concludes that these owners
'lre cntit!ed to th"'sc li!nita ·ions for t . e protection and benefit of
those p);" perttes .
IT ~un~~~-F.•SO~VED that baaed upon the above findings and
cuncl ··ion3 tl e variance heretoiore requestctl should be, and is hereby,
d.,_ iecJ.
Ayce: Pitch~or d, Clay ton, Rhodus
1 ays: lt::~cn
Abntc tiona: •etterstrom -vtss appointed to the Board of
Richard 80\;· of
djuatment and Appealc on February 1, 1969,
replacing z.:r. Edto1ard Cartwright, who resigned,
effective ~1at date. In view of the fact that
1r. l'Tettcrst:rom did not sit upon the public
hearing, he took no part in the dincussion or
onsider;atio n of th'-f oregoing Resolution.
~~_n_a._ pnrtm~n!.!,_
3601 & 3605 South Acoma
.£!se o. 69-14
t the Larch !llecting o f the Board the ,applicant requested a variance to
ua the rear 25 f eet of the pr iscs for 10 parking epaceo . A Public
H~arL"l~ as h~ld an th Board was to render a decision at tonight • s
~~<-etinq.
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Pitchford o ed,
.czen seconded, t.hat t1 Board
th following wrltteo finding
decision of caid Board •
of Adjustment and Appeals adopt
and decision as the findings and
::lE IT OLVED , th.at, ba d pon the testimony, exhibits and
o theri..'"lforma tion s ltted o the Board at the public bearing
held o:t March 12. 1969 , as well as upon an inz:pection of the
subject property, and the surrounding neighborhood,
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'l'he Board finds as follows a
.!. • That all procedural requirements of the ordinance,
including ,'but not limited to, public notice and public
hearing h ve been met by the applicant and the Board.
2. That each of tl1e conditions required to exist in order
for this Board to exercise its authority and discretion to
gr•nt a variance, as set forth in Section 22.2-Gc of
Ordioance So. 2t, Series of 1963, do, in fact, exist insofar
as the subject property is concerned.
3. That, in addition thereto, the following factors favor
·:he granting of said vzu:iance:
Thls will provide additional off-street pa.rking for the
opartxl1ent tenanto.
Tt: J.s, therefore, the decision of the Board of Adjustment
1ppPals tha~ the variance applied for should be granted,
· cct to the follO'IoJin~J condi tiona:
The -structures on the rear third of the sites to be
razed. .......
2. A solid oix feet fence be erected on the east and
south lot lines.
3. The area be paved.
A}.''i'S: Clayton, itchford, Uezcn
Hayr.: Wett~rstrom
i\n<>ent : Rhodus when hearing was held was absent therefe>r>e
refrained from voi:ing.
M>:. t·'<B;_tcr.Gi:rom explained he feels it would downgrade the two residences
~"nd ,<J~e '.hem less desirable fo:o: rental proper.ty. He feels that one of
1 e f':l.i.dcm •. es should be ·torn down and make a parking. lot.
'I 1P. Or.<!' '"'' ~ requ~res four "A yee " votes to pass, therefore, the variance
i dco:~>cd.
Q£..:.• _.--..!"';.;:·'~·;~,ene BigeJ.O'\oi Case No. 69-15
3550 South Pennsylvania
~t ~~c March meeting of the Doard the applicant requested a variance to
to erect a 41 unit apartment building with a 10 ft. frontyard setback
1d 12 ft. north yard setback. A _ublic Hearing '"as held and the applicant
w s directed to obtain the adjacent property owner's permission a d
the Bo rd H&S to render a decioion tonite .
or. aigelotJ pre5ent d no objection statemente from the property owners
on both the north and south of proposed building site .
Pitchford oved,
clayton seconded, the vari nee be grunted as r~quested and the
building to conform to all other ordinances
and codes.
Ayev:
Nayac
Absentz
\ctterstram, ezen, Pitchford, Clayton
None
Rhodus was absent hen the Public Hearing was held,
therefore, abstained from voting on this case .
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Lyn~rood Spurling Case No. 69 -1 6
47 20 South Pearl
At the March me ting of the Board the applicant requested a variance to
divide a plot of ground 155 ft . by 125 ft. into three 51.66 ft . building
sites. This i. an R-1-B zone which requires 60 ft. frontage.
Clayton ll'IOVed,
lietterstrcrn econdcd, that the Bo rd of Adjustment and Appeals
adopt t e following written findings and decision as the findings
and decisio of said Board :
"BE !'1' RE<;OLVEr', that, based upon t he testimony, exhibits
and other information submitted to the Board at the Public
Hearing held on I1arch 12, 1969, as well as upon an inspection
of the subjec·t roperty, and the surrounding neighborhoo d,
The Board fi· ds as follo ws :
1. That all procedural requirements of the ordinance,
including, b• t not limited to , public notice and public
heari g have been met by th applicant and the Board.
2. That each of the conditions required to exist in
order for this Board to cY.e rcis e its authority and dis-
cretion to grant a variance, as set forth in Section 22.2-6C of
Ordinance ~o . 26 , Series of 1963, do, in fact, exist insofar
as the subject property is concerned.
3 . That, in addit ion thereto, the following factors fa vor
tl1e granting of s aid v a riance.
It ia, therefore, the decision of the Board of Adjustment
and Appeals that the variance applied for should be granted,
subject to the fo llowing conditions:
a. The subject property described as the west 125 feet
of Lot 4, Block 1, Eldo Subdivision, may be divided into
three ites or lots o f equal size, s o that each of said sites
sh ll h ve 51 feet 8 inches f ront~ge on South Pearl Street
and a deptn. of 125 feet.
b. No building permit for any building or structure
will be issued for ~1e erection of any building or structure
on the "middle" site (described as that portion of the west
125 feet of Lot 4, Bloclt 1, Eldo Subdivision, conunencing at
a 103 feet 4 inches south of the northwest corner o f s id
lot 4; thence ea terly a distance of 125 feet thence north
51 feet 8 inch es; thence west a distance of 125 feet; thence
south d~ntance of 51 feet B inche3 to the point of beginning),
un il s ch time as the otructure presently exiating upon the
no~the ly site of the a b ove three sites is complete"y demolished
no rcmov d fro the premise •
c. No building ermit shall be issued f or any use which is
not a principal permit usc authorized in the R-1-B district and
ny stn1ctures rected upon any of said sites shall be constr-
ucted o f wholly new materials. No permit shall be issued for
the moving onto any of ~~e said three sites of a structure or
building froffi another site.
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d. This var.iance. together with the conditions attached
tl1ereto, shall be considered to be a benefit to. and an
en~rance u pon . the west 125 feet of the aforesaid Lot 4.
shall encumber the same and shall run with the same.
e. The. variance herein granted shall not be effective until
a copy of th's Resolution is recorded with the Clerk and Recorder
of the County of Arapahoe and shall. thereafter, remain effective
so logg as. but only so long as. the conditions herein incorporated
shall be complied wi~h .
The aforesaid motion was passed, upon the following votec
Ayes: Wetterstr m, Mezen. Pitchford. Clayton
Nays: .tionc
Ab ~nt: Rhodus was acsent when the Public Hearing was held,
therefore. abstained from voting on this case.
Denver Truck Exchange
n;enry Gosch Case No. 69-22
2107 West College
At the: I1arch mce·i:.ing of the Board, the applicant appealled the Building
inspector's notice to remove or repair non-operational vehicles. He is
storing truck trailers. truck parts, trailers. and a friend is storing
stock cars and cars for parts. The applicant was given a 30 day extension
of time to remove the wrecked cars and to report back at the April meeting
and the Board was to vie\., the property.
Th applicant did not appear at this Board meeting. Mr. Criswell, City
Attorney adv~sed the Board truck trailers. truck parts etc. used in the
basi.."'l.eas on Broaduay a>:e commodities and if the applicant wa.s to comply
with the screening requirements of the Zoning Ordinances the use of the
yard for otorage of items used in the business would be permitted.
Meze n moved.
t'ietterstrom seconded, Since the applicant did not ap~ear that he
must comply with the Building Inspector 1 s
order to remove non-operational vehicles.
Also be instructed he must screen the yard
as pe~ ordinance and also remove the litter.
Aye'":
ayss
Abseni::
Wetters~rom. Mezen, Pitchford, Clayton
lione
Rhodus ·as absent when this case was l'.l.iscussed, therefore .
abstained f rom voting on this case.
Mrs • Laura Brown
700-706-710 ast Hampden Case No. 69-30
The applicant requested permission for late r gistration of • small
residence and two apartments ov r a atore in a B-2 zone.
Th property has been properly posted and advertiaed for Public Hearing.
This property was built in 1952 and baa been used continually for residential
purpose&. The Building Departmcnto isawed a building p rmit for thi.a property
which at that time permited residential use.
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Clayton moved,
Wetterstrom seconded, late registration for t he property be
granted since the property wa s legally
built subject to compliance with the
Minimum Ho using Code.
Ayes:
Nays:
Absent:
Wetterstrom, nezen, Pitchford, Clayton, Rhodus
None
None
Clw:ence E. Hobbs Case No. 69-31
8~1 cor of Lincoln and E Hampden
The applicant requented permission to u s e the corner vacant lot for a used
car lot and to use a small trailer h ouse for temporary o ffice •• This is a
B-1 zone.
The property has been posted and advertised for Public Hearing.
The applicant atated would be a temporary use for approximately three
months wid he has permission to use the rest room facilities at the used
car lot next door.
Clayton moved,
Pitchford seconded, s i nce this particular site is in a state of
fluctuation and to maintain the business
climate in the downtown area a license be
granted for a three month period subject
to renewal if necessary.
Ayes: Wctt eratrom, Mezen, Pitchford, Clayton. Rhodus
Nayss None
1=-...bsentt None
Anthony Unrein dba
Air.bulance Service Co. Case No. 69-32
358 West Belleview
The applicant is r equesting permission for late registration of a non-
conforming ambulance service bus iness in R-3-B zone.
Mr. Unre in has a letter from Arapahoe County stating this was a permitted
use in the County before being annex ed to Engle\rood in 1963.
The property has been posted and advertised as per ordinance. There was
no one present at the hearing except the applicant.
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Pitchford moved,
Mezen seconded, based upon evidenc e end information presented
the ambulance service be permitted for late
registration of a non-conforming use.
Ayes a
Bays:
Absen ... a
Wetterstrom. Mezen , P ~tchford, Clayton. Rhodus
lfone
None
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St o pa Construction case No. 69-33
3635 South Pennsylvania
The a p p l icant i s r equesting a variance to erect a 42 unit apartment
bui lding with v ariance in fron t setback and re ar setback. -This is a
R-3-A zone. A Public Hearing is to be hel d tonite~
folr. Stopa . contractor , Mr Dan CUbby, De ve l ope r and owner of the property
were present at the meeting.
The property has been posted and a dvertised and the adjacent property
owners have si g n~d statemen ts s t a ting no objections to the proposed apartaent
building.
Clayton moved,
l4ezen seconded, b a sed on the exllibits and that there no one present
to Object and the adjacent property owners consent
the variance be granted for a front setback of
Ay£s:
~!Jays:
Absent z
12 f t . 6 in. and a rear tsetback of 22 ft . 6 in.
Wetterstro m, Mezen, Pitchford, Clayton, Rhodus
None
No ne
S topa Construc tion
3650 South Pennsylvania and
3 6 55 South Pearl
The applicant is requesting permis s i on for tva apartment buildings with
42 units in each building. These b u ildi ngs are across the alley from
each other. ~he all~~ has been v a cated and the buildings are using a
commo~ nwi.I:tmi."lg pool and parking lot. This is an R-3-zone. The property
hac been post d and advertined f o r p ublic hearing . The adjacent property
o tmer s signed s tatements i ndi cating no objections.
The building at 3655 South Pearl will have a front setback of 12 ft. 6 in.
and a rear setba ck of 20 ft.
The building a t 3650 S outh Pennsylvania will have a 15 ft . front setback.
Cl a yton ll!Oved,
ezen seconded, based upon the exhibits, plmls. adjacent property
owners consent and no one being present to protest
the variances be granted.
Ayeaa W tterstrom, Mezen. Pitchford, Clayton. Rhodus
Hay sa JiOn e
Absent a Bone
There being no further b us iness to come before the Board t he me e ting
adjourned at 1 0z30 P. K.
Susie Schneider
Recording Secretary
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Ct"ry 0 f:" f:" I
c ourvc,L..c 14 " r·· o 0 r...
,. ., C(J~~N'r
• ''1 '::n
courv ' CITY 01!' ENGLEWOCD, COLORA &Jitt C tt..
Qe £tvG'.J..
B I RD OF ADJUST)' TilT A ID /J PPEJ LB REGUL/,R MEETING -MAY o~:ii-~
, :COtQ.
cr.~i~m~n Stou ~uo(us called tie ~eeting to order at 8 :00P.M.
~-~11.3EJ.:J !.'l1EJ1i'1': ···eti:e:!:s~:.:om, Pitchforc.l, Rhot:us, Mezen
t.::CI.:EERS i\B~ Nt': Clayton
C'!'ill.jl Ol'l?ICI/ LS Fii.E~:r;l'.T : Kell ;aggonel', Director f !-"ublic Work"'
Vin o 1'avc::u.· C':lsc llo. 69-40
31%9 ::fm.it'E"(;J:Su-=s-=o-=n----'----·
'i'he :: .•!)J ~cr.at ~;:; r;qu::!.J ;;i..~C g r v~:..·.l::.~ca to erect ::~n open c rport
~o_:rc~nt ::c .. fc:::,t l'e~r-in:l.nc: wnll on nor;;b pro_c .. ·ty J.i.ne
in "·-..-:: -€::' yr_d, T~i-G ls • n ?..-1-C zone which i:.=quires 3 feet.
Ccn~~ru ~:en ~~11 be op3n ;lt i;:oon postc and a flat top .
Mr . T·vcr:o hr'd fl ::.3 ti::::: '!:: .J l'is 1 3ighbor who would be offected
.li . .; b1.1.io.i.ng; ho\':3-;e::, te left it ot hOJne. 3e wsc requeste d
br~r.~ ~ c lz ::tE::o:-befo::e t-e Bo.rd .
~ i tch:i o r<l :n cved:
Vezcn oecouded : That E ~ecision on this matter be
delayed until the le 'ter was brought
in .
f·re:;: Ue:~erstrom, Pitcb·"ord , R odus, Mezen
}1 ~ :!s: i'!cne
A b-c~~: ~!ryton
'l'::e la :tc--·~ ~ b;:c,·gh t it, r:.. i;e :: c sc l~o. 69··-1 w2s henrd.
'i,bc=~ · ·:-c no o~e c.tila::. .. thr n tLa npp li~~r t p r~-s~nt; nt thoz
~cnrl g recrr~l•g th_s va=irnce .
~et~e=a~~o~ ~ovad :
~:czen r-c.::o n eu : Th. ~ \ nr .i.nnca be g:·::mted r d prop-:r permit
be obtnined from the Bu ilding Deport~ent.
A~·cn : Wa ~ :;:::!'2' t=om ,
No.1e
Pi!:c:I-forcl, R'1ocJus, Hezen
Z:C:?2J:
l; •nen t: CJ yt n
Case l1o. 69-41
?he o~'p:_c L nt ~9 l'C 'ltl"3 t !.ng ~ vori::~nce to o"Oerote n sn.ll flo,.er
"'hop · n hi.o home in a residE'n~ial zone . Th is is nn R-1-B
zc no, hicl pe:..·r.ri tG n ho;..'e c.ccu::;o;; ton.
The D:l·ec-::o:.· of Public flo;:ks & ve the following in:: r ::tio
on record:
T e buil l g pc;:o it ·a s trke out on Febru:J:::y 24, 1969, i'o:o:-
n ~~-1o co7er ~nd to r c ove tbc existing roof.
':'!1e p :!o :1a sl-ce b .e enclo:Jed v:ithout cnotb r per .ni ~.
"J\ 13u:'.ld .1g Depri:-tt'cnt 1r;~u d n ce1se oper t_on on A pzl.:.. 8,
lv 9, to c oae o pe rating in 30 d~ys .
Ti•e Bu.i.ldi g Dcpo::.·t cnt hr.o received one lett r of prol:eot
:fro Etgcnc E . C~rpen!:cr, ~ 40 West Union .Avenue.
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Mr. Evar tt Hyer~ _
2996 i"es t Union -the owne r of said p r oper ty in qu e s tion .
Ha \vent to the Bu1lcling Depal·tmcnt in Novemb er and tha t
they told him nt first thnt Ile cou ld no t hn v e a f lower
rn~p as the nren was zoned R-1-A . T~ey then r echecked and
told ~1 i t w~a R-1-B and that a h ome o ccupation was allowed.
'r . :yer:"' prese nt ad a petition in fav or of the flowel·
e:hop s gued by 4.4 pe ople representing 32 properties .
7he iol~cwiag inforcnticn was submitted in the disucssion
th:1t followed between Mr . Myers and the Board :
'i'' e :fJ.ower shop is app2'ox1m::ltely 392 square feet plus
their hotse is nppr oxi ately 1150 squa~e feet.
9&% of the business is telephone and delivery service.
R-1-B o~dinance allowcs 20% but not more than 300 feet of
the a_en of the home for a ho a occupation.
Tj3 f i nal inspec~!on w~s made on the covered patio a od
it wno not enclosed at t hat ti~e.
The s~op ope~&tion st&rtcd on Ap ril 3, 1969.
Th· motor si~e of the cooler 13 3/4 hp . with a 1-ton
cc.np_ es"'or .
T~e cooler (with glo3s doo rs) is 7 ' x 7 ' x 7~' high .
l.r . Myer::: cou d carry on business in 300 square ieet of
bpa cc.
Lt..·. Myerr:: hos tha necezsnry licenses to operate the shop
a ~ til at • ddl·e:;s .
Thcl·e were 18 people pi'esent repres enting 11 p:roperties in
fa vor of the v~rinoce .
Dr. Rcb~rt C~~pb 11
35~.5 Co, i;l1 Del r. :are -spo'Se'1man in :i:ovor of the variance .
.tnnily Phy.'Jicion -had advised Mr. !Jy~rs t o auit his night
job n d tal:e job le a demnndj.ng he wa s r.uffering from
phyoical exhaustio •
Others in favor wh o spoke :
Vireinia Myers
2990 \7e t Un i n -come t o C ity to fin out a bout bom9 oc cupnUon
and eot the ordin~nce on it. Then they bought the houce .
Sh-feels the business does not detra c t from the nei ·h bor-
hood and tha~ they try to keep it in g ood taste.
'i'he permlt \HlG n mi st ke -"Per1:-alite bad taken out the
permit). The shop is lighted on yon tbe Federal si l' no d
is not open after 10:0 0 P.M. even on busy nights.
Ger:rge Adams
29'19 e3t Union-The shop closen't bother tto. Has lived there
oinc e 1020 au. the people in t e are. have ol ays be u
op:o ed to cbange .
Ilnrold Perter
30 1 7lc::;t Union -L:l ves at t h e nor thwest c oroer of Union ~
''eieral . nJ is happ] thot the flo er s h op is going in.
oes not V!nnt ny gnudy o1gns to ligh t the houses but
i no~ g~1oc t the flowers op .
evere d F. bn
3945 South Golapngo -does not live in t h e area but knows the
.ppellsnt. Feels that Ml·. Myers ~a& wloe t o buy on edera l.
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Oppositio n: 2 2 people prese nt in opposition representing
15 p r o pert ies.
Larry Ellis
2248 West Tan:!or ltn -spokesr!la n for opposition.
This wou l d cba llang e the dignity of the neighbor h ood by
odd hcurs a nd wou ld a l low other ho!ueoYoers t o d o the same
type of thing. It wou ld reduce the value of the property
in terrn<J oi a quiet residential oren. 'ants laws upheld
es they were meant to be.
Windoo .. • Ucc:Ae
2903 Wesley -ost of the housea in the neighborhoo d are 28 x
40 feet -1120 squore ~ect. There is one home buGiness
in the ren a lready and one ~ore starti ng a nd they wa n t
no mo-e in the aren as the homes were b o ught t o liv e in
not for n business cen;er.
Mrs. Richardson
former owner o f
2996 Wect Union
now lives in Alamosa -Myero bought their house t o p t a •"lov:er
shop in. They kneu they ~nted to d o this when they bou~ht
the house •
.liarion Golgart
2958 West Tant ore n Drive -llo
the permit f o r the pat~o?
or a flower shop?
ould there be a misL·~e with
Was the perm i t to build a patio
Kells nggouer -the J.>erru .. t w::s to uuild a r atio cover.
P i tchford mov ed:
Mezen seconde d : Tbat ~b public he~ring be c losed DLti
the Bt rd in~pect the pro~erty and ~
dec inion b rench?red n i; the meetinr; o!
U y ~8, 1969; -lso that a 2 w ee~ extencio~
to op.,1·:u':e as G ho:ne occupation 'not
usinG the side door be granted.
Ayes :
:t~ay es:
1'/ett erstro::a, Pi·;cb:ford, Rhodus, Me z e n
No ne
Abse n t: C la y t o n
The mi nutes o f March 12, and April 9 , 19o9, will b e approved
at the Hay 28 , 1969, mee tinu.
There being no f urther busineas to come before the Bor.rd the
meeting os a d journe d a t 9 4 0 P,Y.
Pa tr i cia DeVo re
Ac ti ng recording aecretary
APPRCVED ------------------
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Illl'l'ER -
'l'Or ENGLEfiOOD CI'l'Y COUNCIL 1969
li'ROH: BOI\BD OF ADJUS'l'MENT AND APPEALS
RECOMMENDATION: ENCRDM:HME1'i1T UPON CITY PROPER'l'Y
The Board of Adjustment and Appeals recammends to the
Englewood City Counc il for consideration or approval
of the following encroachment over City property.
Carroll Wine 4555 South Knox court
The applicant is requesting encroachment of a retaining
wall along their north property line to extend onto City
property approximately nine feet. The ret«ining wall will
be approximately 5 feet high and 8 inches thick.
~e City Engineer has approved the request for the
encroachment.
By the order of the Board of
Adjustment and .l)ppeals ~7/f.~
Susie M. Schneider
Recording Secretary
JUN l 6 Jgg
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RESOLUTION NO. 2, 1/. SERIES OF 1969
A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE
CONSTRUCTION OF A CERTAIN PIPELINE AND ACCESS ROAD AND FOR
INGRESS AND EGRESS DURING PERIOD OF CONSTRUCTION.
NOW, THEREFORE, IE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD as follows:
1. That the City of Englewood does hereby, pursuant to
statute, determine to construct and has authorized the con-
struction, as a public work and improvement, of a pipeline
and access road, for ingress and egress during period of
construction, in Grand County, Colorado, as a portion of the
Ranch Creek Transmountain Diversion Project of said city.
Such construction to be made for the public purpose of supplying
municipal water to the water works of this city.
2. That the City Council of the City of Englewood,
pursuant to statutory authority, does hereby find and determine
that construction of aforesaid public works and improvement,
consisting in part of the pipeline and access road, for
ingress and egress during period of construction, constitutes
a public necessity.
3. That the Council further finds and determines that
acquisition of title to the following described real property
is necessary to permit construction of said public improvement
consisting of the aforesaid pipeline and access road, for
ingress and egress during period of construction, as follows,
to-wit:
Parcel A. Right-of-way for pipeline and access road lying on
the property of Western Timber Co.
Lying in the W ~ of the E ~ of Section 11, Township 1
South, Range 75 West, a right-of-way extending 75
feet to the left and 75 feet to the right of a line
described as follows:
Beginning at a point on the west line of the w ~.
E ~ of said Section 11 whence the north quarte~
corner of said section bears North 4° 08' 30" East,
a distance of 870.4 feet:
The nce s o0 15' 0" E, a distance of 184.0 fe e t:
Thence s 61° 00' 0 E, a distance of 489.0 f eet:
The nce s 1 8 ° 25' 0 E, a d i stance of 159.0 feet:
Thence s 23° 10' 0 w, a distance of 281.0 feet: to point
Thence s 23° 10' 0 1-1, a distance of 97.0 feet:
Thence s 27° 15' 0 E, a distance of 275.0 feet:
Thence s 21° 55! 0 w, a distance of 376.0 feet:
Thence s 15° 45' 0 E, a distance of 110.0 feet:
Thence s 2° 45' 0" .E, a distance of 290.0 feet:
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Thence s 37° 30' 0" E, a distance of 638.0 feet~ to point
320 Thence s 49' 27" E, a distance of 45.3 feet~
Thence s 31° 32' 33" w, a distance of 605.6 feet~
Thence s 14° sa• 33" w, a distance of 64.3 feet~
Thence s ao 35' 03" .w, a dis tan: e of 107.0 feet~
Thence s 20 52' 03" w, a distance of 113.4 feet~
Thence s 23° 45' 18" w. a distance of 117.8 feet~
Thence s 37° 30' 18" w. a distance of 112.0 feet~
Thence s 24° 06' 48" w. a distance of 100.0 feet~
Thence s 33° 01' 48'.' w. a distance of 121.8 feet~
Thence s 23° 52' 48'.' w. a distance of 188.6 feet~
Thence s 10° 53' 33'.' w. a distance of 97.4 feet~
Thence s 24° 02' 12'.' E, a distance of 92.1 feet~
Thence s 40° 45' 57'.' E, a distance of 179.6 feet~
Thence s 10 20' 18" .w. a dis tare e of 78. 3 feet~
Thence s 50 38 1 03'' w. a distance of 88.4 feet~
Thence s 12° 10' 03" w. a distance of 88.6 feet~
Thence s 14° 39' 48" w. a distance of 14.93 feet~
to a point on the south line of Section 11 whence the
south quarter corner of said Section bears South 87°
West, a distance of 541.0 feet.
Beginning at point "A" (as described above)
Thence S 47° 17' 20" E, a distance of 916.5 feet~
Thence S 86° 29'30" E, a distance of 201.8 feet~
to a point on the east line of W ~. E ~. Section 11
Beginning at point "B" (as described above)
Thence N 29° 03' 30~ E, a distance of 87.0 feet~
Thence N 50° 58' 30~' E, a distance of 325.8 feet~
Thence N 39° 14' 0"-E, a distance of 269.0 feet~
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to a point on the east line of the W ~. E~. Section 11.
Additional right-of-way adjacent to and continuous with
the above:
(1) Beginning at a point on the west line of the W ~.
E ~ whence the north quarter corner of Section 11 bears
N 4° 08' 30" E, a distance of 870.4 feet~ thence north
along the west line of the w ~. E ~ of said Section 11,
a distance of 565.0 feet~
Thence N 89° 45' 0" E, a distance of 31.8 feet~
Thence s 0°0 15' 0" E, a distance of 563.1 feet:
Thence s 89 45' 0" W, a distance of 75.0 feet~
to the point of beginning.
(2) Beginning at the point whence the right or south
boundary of the right-o f -way intersects the west line
of the W ~. E ~ Section 11, thence S 61° 00' E along
the south boundary of that right-of-way, a distance of
270.0 feet, thence S 82° 41' West, a distance of 249.9
feet t o the west line of the w~. E~. thence north, a
distance of 163.2 feet along that west line to the point
of beqinning.
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All rights-of-way here described contain a total of
23.38 acres, more or less.
Parcel B. Right-of-way for access for ingress and egress on,
over and across a road lying on the property of Norman
H. Moauro.
Lying in Sections 10, 11 and 15, Township 1 South,
Range 75 West, a right-of-way extending 75 feet to the
l eft and 75 feet to the right of a line described as
follows:
Beginning at a point whence the northeast corner of
Section 0s, Township 1 South, Range 75 West, bears
north 28 28' East, a distance of 2600.8 feet~
Thence N 71° 30' 43" E, a distance of 275.02 feet~
Thence N 82° 44 1 13'.' E, a distance of 169.56 feet~
Thence N 62° 10' 33'.' E, a distance of 109.93 feet:
Thence N 77° 25 1 43'.' E, a distance of 117.38 feet~
Thence N 15° 22' 13'.' E, a distance of 113.35 feet:
Thence N 9°0 22' 47".W, a distance of 260.04 feet~
Thence N 15 11' 17" W, a distance of 134.86 feet:
Thence N 51° 38 1 37" w, a distance of 142.08 feet~
Thence N 46° 25 1 07'.' w, a distance of 143.53 feet:
Thence N sa0 45 1 07'.' w, a distance of 157.20 feet~
Thence N 48° 33' 07'.' w, a distance of 123.92 feet:
Thence N 28° 07' 47'.' w, a distance of 68.96 feet:
Thence N 4° 15' 53" E, a distance of 141.44 feet:
Thence N 19° 59' 13" E, a distance of 122.22 feet:
Thence N 5° 31' 03" E, a distance of 236.63 feet:
Thence N 2° 16' 57'.' w, a distance of 328.50 feet:
Thence N 78° 59' 37" w, a distance of 154.00 feet:
Thence N 3° 28' 07" .w, a distance of 147.13 feet:
Thence N 31° 29' 23" E, a distance of 111.04 feet:
Thence N 40° 25 1 43" E, a distance of 225.14 feet:
Thence N 49° 21' 13'.' E, a distance of 233.74 feet:
Thence N 40° 58' 13" E, a distance of 191.32 feet:
Thence N 60° 10' 43" E, a distance of 226.11 feet:
Thence N 86° 21' 13'-' E, a distance of 95.21 feet:
Thence s 73° 13' 47'.' E, a distance of 142.96 feet:
Thence s 88° 30' 17'.' E, a distance of 85.13 feet:
Thence s 73° 34' 47'-' E, a distance of 112.26 feet:
Thence N 54° 30' 33'.' E, a distance of 893.96 feet:
Thence N 82° 32' 03" E, a distance of 124.21 feet:
Thence s 63° 01' 17'.' E, a distance of 631.16 feet:
Thence N 71° 41' 43'.' E, a distance of 126.47 feet:
Thence N 39° 58' 23" E, a distance of 102.85 feet:
Thence N 4°0 55' 37" W, a distance of 140.76 feet~
Thence N 19 00' 53" E, a distance of 137.67 feet:
Thence N 32° 42' 13'.' E, a distance of 203.70 feet:
Thence N 16° 53' 13'.' E, a distance of 167.10 feet:
I Thence N 28° 11' 13'-' E, a distan:::e of 68.80 feet~ • • Thence N 54° 31' 43'.' E, a distance of 158.59 feet:
Thence N 28° 32' 43'.' E, a distance of 66.44 feet:
Thence N 7lo 26' 23 ';' E, a distance of 61.72 feet:
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Thence N 7° 58' 03" E, a distance of 122.12 feet:
Thence N 140 23' 37" W, a distance of 93.43 feet:
Thence N 40° 02' 07'.' w, a distance of 109.84 feet;
Thence N 48° 20' 27'.' W, a distance of 72.99 feet:
Thence N 58° 46' 37'.' w, a distance of 132.26 feet:
Thence N 30° 32' 37" W, a distance of 103.25 feet:
Thence N 18° 35' 03 '~ E, a distance of 252.75 feet;
Thence N 64° 30' 23" E, a c:listanca of 98.63 feet:
Thence N 28° OS' 23'.' E, a distance of 203.30 feet:
Thence N 5 25' 23" E, a distance of 134.39 feet:
to a point on the north line of the northeast ~ of
the southwest ~ of Section 11, whence the northeast
corner of Section 15 bears South 38° 22' West, a
distance of 3326.8 feet.
Containing 29.56 acres, more or less.
4. That negotiations with the owner thereof, Norman H.
Moauro, and Gabor Cseh holder of an option to purchase, have
been carried out and that said negotiations have failed and the
City is unable to agree with the owner upon the purchase of
said property.
5. That having made a determination of necessity, and
negotiations having failed, the institution of Eminent Domain
proceedings to acquire said land hereinbefore described, pursuant
to Part III, Section 76 of the Charter of the City of Englewood,
and pursuant to the Statutes of the State of Colorado, is expressly
authorized and shall be instituted.
6. That M. 0. Shivers, Jr., an attorney at law, and such
associates as may be by him considered to be necessary, are hereby
authorized to represent the City of Englewood in any and all
legal proceedings herein authorized and directed to be instituted.
ATTEST:
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RESOLUTION NO. ------' SERIE S OF 1 9 6 9
A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PRO PERTY FOR THE
CONSTRUCTI ON OF A CERTAIN PIPELINE AND ACCESS ROAD AND FOR
INGRESS AND BGP£SS DURING PERIOD OF CONSTRUCTION.
NOW, THBREPORB, B! IT ~SOLVED BY THE CITY COUNCIL OF THE
CITY OP BNGLJnfOOD as follows:
1. That the City of Englewood does hereby, pursuant to
statute, determine to construct and h as author i zed the con-
struction, as a public work and improvement, of a pipeline
and access road, for ingress and egress during period of
construction, in Grand County , Colorado, as a portion of the
Ranch Creek Transmountain Diversion Pro ject of said city.
Such construction to be made for the public purpose of supplying
municipal water to the water works of this city.
2. That the City Council of the City of Englewood,
pursuant to statutory authority, does hereby find and determine
that construction of aforesaid publ i c work s and improvement,
consisting in part of the pipeline and access road, for
ingress and egress during period of construction, constitutes
a publ ic necess ity.
3. That the Council further finds and determines that
acquisition of title to the following described real property
is necessary to perMit construction of said public improvement
consisting of the aforesaid pipeline and access road, for
i ngress and egress during period of construction, as follows,
to-wit:
Parcel A. Right-of-way for pipel ine and access road lying on
the property of Western Timber Co.
Lying in the W ~ of the E ~ o f Se c tion 11, Town~hip 1
South, Range 75 West, a right-o f-way extending 75
feet to the left and 75 feet to the right of a l i ne
described as follows:
Beginning at a point on the west line of the w l.s.
E ~ of said Section 11 whence the north quarter
corner of said section be ars North 4° 08' 30" East,
a distance of 870.4 feet ;
Thence 8 oo 15' o· E, a d i stanc e o f 184.0 fee t ;
Thence s 61° 00' 0" E, a dista!1c e o f 489.0 feet;
Thence s 18° 25' 0 " E , • dist anc e o f 1 59 .0 f e et ;
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Thence s 2 3° 10' 0 " w. a
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distan c e o f 2 81.0 f e e t ; t o point "A"
Thence s 10' 0 " w. a dista ,, e o f 97.0 f ee t ;
Thence s 27° 15' 0" E. a di st a n ce of 27 5 .0 fE>et ;
Thence s 210 5 5 ' 0" s. a distan ce o f 3 7 6 .0 f ee t;
Thence s 15° 45' 0" E, 11 di sta."lce o f 11 0 .0 feet ;
Thence s 20 45' 0" B, a d i stance of 2 90 .0 feet;
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Then ce s 37° 30 1 0" E. a distance o f 638.0 fe et; to point "8"
Thenc e s 32° 49' 27" E, a distanc e of 45.3 feet:
Thence s no 32' 33" w. a distance of 605.6 feet:
Thence s 14° 58' 33" w, a distance of 64.3 feet;
Thence s 80 35' 03" w. a dis tare e o f 107.0 feet:
Thence s 20 52' 03 " w. a distance of 113.4 feet:
Thence s 23° 45' 18" w, a distance of 117.8 feet;
Thence s 37° 30' 18" w. a distance of 112.0 feet;
Thence s 24° 06' 48" w, a distance of 100.0 feet:
Thence s 33° 01' 48" w. a distftnce of 121.8 feet:
Thence s 23° 52' 48" w. a distance of 188.6 feet:
Thence s 10° 53' 33" w, a distance of 97.4 feet;
Thence s 24° 02' 12" E. a distance of 92.1 feet:
Thence s 40° 45 1 57" E, a distance of 179.6 feet:
Thence s 10 20' 18" w. a dis tare e of 78.3 feet:
Thence s 50 38 1 03" 'N, a distance of 88.4 feet:
Thence s 12° 10' OJ" w, a distance of 88.6 feet1
Thence s 14° 39' 48" w. distance of 14.93 feet: a
to a point on the south line of Section 11 whence the
south quarter corner of said Section bears South 87° 34' 0"
west, a distance of 541.0 feet.
Beginning at point "A" (as descr i bed above)
Thence s 47° 17' 20" B, a distance of 916.5 feet;
Thence s 86° 29'30" B, a distance of 201.8 feet;
to a point on the eaet line of w ~. E ~. Section 11
Beginning at point •a• (as described above)
Thence N 29° 03' 30" &, a distance of 87.0 feet;
Thence N 50° 58' 30" E, a distance of 325.8 feet;
Thence N 39° 14' 0" B, a distance of 269.0 feet:
to a point on the east line of the w ~. E~. Section 11.
Additional right-of-way adjacent to and continuous with
tho above:
(1) Beginning at: a point on the ·o~est line of the W ~.
E ~ whence the north quarter c orner of Section 11 bears
N 4° 08' 30" E. a distance of 8 7 0 .4 feet: thence north
along the west line of the W ~. E ~ of said Section 11,
a distance of 565.0 feet:
Thence N 89° 45' 0" E, a d i stance of 31.8 feet;
'l'hence s 0°
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15' 0" E. a distance of 563.1 feet :
Thence s 89 45' 0 " W, a distance of 75.0 feet:
to the point of beginning.
(2) Beginning at the point whe nce he right o r south
boundary of the right-o f -way intersects the west line
of the W ~. E ~ Section 11, th~r. c S 6 1 ° 00 ' E along
the south boundary of that r ight-o t -way, a distance of
270.( foet, thence S 82 ° 4 1 ' W e ~t. a dis tan ce of 249.9
feet to the west line of the w •• ~::~,. thence :1o rth, a
d i stance of 16 3.2 f eet a long t h a w st line to the point
of beginning.
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~1 rights-of-way here described contain a total of
23 .38 acres, more or less.
Parcel B. Right-of-way for access for ingress and egress on,
o ver and across a road lying on the property of Norman
H. Moauro.
Lying in Sections 10, 11 and 15, Township l South,
RAnge 75 West, a right-of-way extending 75 feet to the
left and 75 feet to the right of a line described as
follows:
Beginning at a point whence the northeast corner of
Section AS• Township 1 South, Range 75 West, bears
north 28 28' East, a distance of 2600.8 feet;
Thence N 71° 30' 43" E, a distance of 275.02 feet;
Thence N 82° 44' 13" E, a distance of 169.56 feet;
Thence N 62° 10' 33" E, a distance of 109.93 feet;
Thence N 770 25' 43" E, a distance of 117.38 feet1
Thence N 15° 22' 13" E. a distance of 113.35 feet;
Thence N 9°0 22' 47" W, a distance of 260.04 feet;
Thence N 15 11' 17" w, a distance of 134.86 feet;
Thence N 51° 38' 37" w. a distance of 142.08 feet;
Thence N 46° 25 1 07" w. a distance of 143.53 feet;
Thence N 58° 45' 07" w. a distance of 157.20 feet;
Thence N 48° 33' 07" w. a distance of 123.92 feet;
Thence N 28° 07' 47" w. a distan c e of 68.96 feet;
Thence N 4° 15' 53" z. a distance of 141.44 feet;
Thence N 19° 59' 13" z. a distance of 122.22 feet;
Thence N 50 31' 03" z. a distance of 236.63 feet;
Thence N 2° 16' 57" "· a distance of 328.50 feet;
Thence N 78° 59' 37" w. a distance of 154.00 feet;
Thence N 3° 28' 07" w. a distance of 147.13 feet;
Thence N Jl O 29 I 23" E, a dit~tance of 111.04 feet;
Thence N 40° 25' 43" B, • distance of 225. 14 feet;
Thence N 49° 21' 13" z. a distance of 233.74 feet;
Thence N 40° 58' 13" B, a distance of 191.32 feet;
Thence N 60° 10' 43 " B. a distance of 226.11 feet;
Thence N 86° 21' 13" E, a d1.stan c~ of 95.21 feet;
Thence s 73° 13' 47" E. a distance of 142.96 f!"et;
Thence s 88° 30' 17" E, a distance of 85.13 fe et :
Thence s 73° 34' 47" E. a distance of 112. 26 feet;
Thence N 54° 30' 33" E, a distance of 893.96 feet;
Thence N 82° 32' 03" z. a distance of 124 .21 feet;
Thence s 63° 01' 17" E, a distance of 631 .16 feet;
The Dee N 710 41' 43" B, Zl distance of 126.47 feet;
Thence N 39° 58' 23" E, a distance of 102.85 feet;
Thence N 4°0 55' 37" W, a distance of 140.76 fAet;
Thence N 19 00' Sl" E, a di stanc~ o[ 137.~7 feet;
Thence N 32° 42' 13" E, a d is'::ance of 203.7 0 feet;
Thence N 16° SJ I 13" E, a d 1.stance of 167 .10 feet ; I Thence N 28° 11' 13" E, a distan::e o f 68.80 feet; • Thence N 54° 31 I 43" E. a dis t an ce of 158.59 feet; •
Thence N 28° 32' 4 3 .. B, a d1.s tance of 66.44 f eet;
Thence N 710 26' 23" E. a distanc e of 6 1.72 feet;
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Thence N 7° 58' 03" E, a distance of 1 22.12 feet •
Thenc e N 140 23' 37 " W, a dist<snce of 93 .4 3 feet;
Thence N 40° 02 1 01• W, a distance of 109.84 feet1
Thence N 48° 20 1 27• W, a distance of 72.99 feet;
Thence N 58° 46' 37• W, a distance of 132.26 feet ;
Thence N 30° 32' 37" W, a distance of 10 3 . 25 feet;
Thence N 18° 35' 03• E, a distance of 252.75 feet;
Thence N 64° 30' 23" B, a distance of 98.63 feet:
Thence N 28° 05' 23• E, a distance of 203.30 feet;
Thence N 5 25' 23" E, a distance of 134.39 feet1
to a point on the DOrth line of the northeast ~ of
the southwest ~ of Section 11, whence the northeast
corner of Section 15 bears South 38° 22' West, a
distance of 3326.8 feet.
Containing 29.56 acres, more or less.
4. That negotiations with the owner thereof, Norman H.
Moauro, and Gabor Cseh holder of an option to purchase, have
been carried out and that said negotiat i ons have failed and the
City is unable to agree with the owner upon the purchase of
said property.
5. That having made a determination of necess i ty, and
negotiations having failed, the institution of Eminent Domain
proceedings to acquire said land hereinbefore described, pursuant
to Part III, Section 76 of the Charter of the City of Englewood,
and pursuant to the Statutes of the State of Colorado, is expressly
authorized and shall be instituted.
6 . That M. o. Shivers, Jr., an attorney at la~. and such
associates as may be by him considered to b e necessary, are hereby
authorized to represent the City of Englewood in any and all
legal proceedings herein authorized and directed to be instituted.
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Mayor
ATTEST:
City Clerk-Treasurer
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PI.RMIT AND SALES AGR EEMENT
TH I S ~GPE EMENT, made and entered into t h is ~ dax o f ~ay,
A.D. 1969, by and between BRODERICK WOOD PRODUCTS COMPANY, a
Colorado corporation, First Party, and t he CI'fY OF ENGLEWOOD, a
municipal corporation of the State of Colorado, s~con d Partv,
WITNESSETH :
WH~REAS, the First Party is the owner of land located in
Grand County, Colorado, which property is affected by the right-
of-way desired by Second Party, as described in Exhibits A and
B attached, and
WHEREAS, Second Party intends, and has resolved, to construct
a public imp~ov..ent along the line described in Exhibit A and
approximately along the line described in Exhibit B, consisting
of a pipeline and roadway along said pipeline, and has deter-
ained to •cquire title by condemnation, if necessary, and
WHEREAS, it is the desire of both parties to avoid eminent
doaain proceedin9s,
NOW THEREFORE, in consideration of the mutual oromises and
covenants herein contained, it is agreed between the parties
hereto as tollowa, to wit:
1. Firat Party does hereby per-it Second Party to enter in
and upon the Grand County land owned by rirst Party along the
line described in Exhibit 8 and along t:hf! line &o p rox imately
described in Exhibit 8 for the purpose of co n st ructin ~ a oionee r
road, thereafter clearing the right-o f-way an finall~· con<;truct-
ing and installing an underground pipeline and an acce~s a~d
maintenance road along such oipeline. Follo\"inn C<'mPl~tion o~
construction of the pipeline and road, the ~e nter line of th ~
pipeline will be surveyed and, therea~t er , • i rst P ~rtv w t 1
convey to Second Party title to a st r i p of 1 ·1nd six t v fc t in
~1idth , being thirty fee t on ei thcr !3id •! o ! t'1 .., centPr J 1n, of t •1 e
oipe line. The deed will res erve ~· P:r ~r P~rt v tree acce q<; ha~~
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and fort h acro s s the right-of-way, but will provide that no
structure ma y be erected thereon.
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2. F i rst Party shall have free use of t h e road along the
pipeline .
3. Following the survey and determination of the descrip-
tion of the sixty foot right-of-way, the acreage included therein
shall be dete~ined and second Party shall pay to First Party a
price per acre equa~ to the highest price per acre paid for
right-of-way across the lands of other parties adjacent to that
of First Party and involved in the conatruction of the public
improveaents by second Party.
4. 'l'his AqreeJUnt shall inure to and be bindinq upon the
auccessors and assigns of the parties hereto.
IN WITNESp WHEP.EOF, the duly authorized officers o f the
respective parties have hereunto set their hands and seals the
day and year first above written.
ATTEST: /llfpi:tr~ ( -·
• ecretary
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S E A L )
BRODERICK WOOD PRODUCTS COKPANY,
a Colorado corporation
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C l'l'Y Of' EN GLL'·i ()t)!:\,
a ~un ici p al Co rPoration of
the S ta t e of Lo lorado
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MUNICIPAL EMPLOYEES ASSOCIATION
CITY OF ENGLEWOOD
3400 SOUTH ELATI STREET
ENGL&IOOD, COLORADO
May 19, 1969
Crry c: 0 r. F I ( I ll L
Mr . Stanley H. Dial
City Manager
City of Englewood,
3400 South Elati Street
Eng l ewood, Colorado
Dear Mr . Dial:
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We of the City of Englewood Municipal Employees Association
approve the proposed ordinance changing the ordinance con-
cerning the office and duties of the Career Service Director
as outlin~d by you at our meeting of June 5, 1969, and in
your letter to the City Council, dated June 11, 1969 .
Sincerely,
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£,7/ZL"
EDWARD WHITE,President ~
Englewood Municipal Employees Association
FJN /ew
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TO: Mayor El m er Schwab a nd Me mbe rs o f th e E nglewood City Cou ncil
FROM : Mr . Stanley H . Dial , Ci ty Ma nager
DA TE : June 1 1 , 1969
SUBJE CT: PERSONNEL DillE CTOR
Le gal Matte r s :
Attached please find a copy of a legal opinion rendered by the City Attorney
at my requ est. It would appear that the Englewood Charter intends to place
all employees (including the Personnel Director) subject to the authority of
the City Manager . This, of course , is consistent with the cou::c il -manager
form of government wherein the Council holds the manager responsible for
the administrative affairs of the City . As noted in the City Attorney's
opinion, the Charter requires that the Manager have sole supervisory au-
thority ov e r the municipality's e mployees .
Since past practices have not been fully consistent with present ordinances
and Chartc1' provisions, it is important that action be taken to bring these
practices and ordinances into agreement with the Charter .
Other Cities:
The cities of Arvada, Aurora, Boulder, Fort Collins, Greeley, Littleton
and Westminster have been surveyed and the personne l organizations re-
viewed. All these cities have the council -m a nager form of government
and in all of them the person who administe rs personnel matters is sub-
ordinate to the city manager .*
Presently Pending Ordinance :
Having carefully analyzed the organ iza tional and employee morale impact
of the possible enactment by Council of the ordinance now pending before
Co uncil, I must respectfully, but emphatically. request that it not be en-
acted.
Manager's Recommendation:
Rather, 1 will present to Council in a few days a Bill for an Ordinance
which Mr . John A. Criswell, City Attorntly, is now preparing. It will
provide essentiall y as follow s:
l. The Personnel Dire ctor position, previously established
by ordinance, be continue d .
2 . The Personnel Director b s ubject to the authority of
the City Manager .
*Th only except ion is in Aurora where the Chief Exa miner is appointed by
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th Civil Serv ice Board to assist that Board in the administration of per-
sonn el m9.tt e r s relating to firemen and policemen . Even in Aurora, how -
eve r . matte rs of wages and benefits for all e mployees are approved by JUN 1 6 l9&S
Co uncil following discussions with the Personnel Director and the City
Manager, rather than the Civil Service Board or Chief Examiner.
(Continue d)
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Mayor Elmer Schwab and Members of the Englewood City Council
June 11 , 1969
Page 2
Manager 's Recommendation : (Continued)
3. The position of the Personnel Director be exempt
from the Career Service System .
4. The Manager is to consult with the Board of Career
Service Commissioners prior to the employment or
termination of any person as P e rsonnel Director.
5 . All duties and responsibilities of the Personnel
Director, as set forth in the present Municipal
Code, be continued, but with the following
additions:
(a) His duties in safety and in training be fur-
ther emphasized .
. (b) His responsibilities in keeping information re-
grading employee wages and benefits in neighbor-
ing cities be spelled out more clearly.
(c) He shall assist the Manager in investigating
particular employee problems or complaints.
6. The Manager may cause the Personnel Director to
carry out other assignments as the Manager deems
advisable, keeping in mind that the primary responsi-
bilities of the Personnel Director shall be to admini-
ster the Career Service System and other personnel
matters of the City.
These ordinance changes are, I believe, in the best interest of the City's
employees and administration. The role of the Board of Career Service
Commissioners and the principles of the Career Service System should
be sustained and continued. In addition, they are consistent with the
Charter. I strongly urge the Council to enact the ordinance embodying
these changes.
Respectfully,
STANLEY H. DIAL
City Manager
SHD /ij
Att.
CC: All Members of the Board of Career Service Commissioners (Local 1736)
Mr. Bobby Marshall, President, International Association of Flrefirhters /
Mr. Ronald Medford, President, Police Benefit Association
Mr. Ed White, President, Englewood Municipal Employees' Association
All Department Heads
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CITY ATTORNEY'S OPINION NO. 69-l June 10, 1969
SUBJECT: Authority of City Manager over Personnel Director
QUESTION:
The City Manager has requested the opinion of this office
upon the following question:
"Under the present provisions of the Englewood
Charter and Municipal Code, irrespective of past
practices, to whom is the Personnel Director
directly responsible as an employee?"
OPINION:
It is the opinion of this office that the Personnel
Director, being an employee of the City, is directly
responsible to the City Manager who, pursuant to the
provisions of the City Charter, has authority to "appoint,
suspend, transfer and remove" all City employees.
DISCUSSION:
In order to accurately determine to whom the Personnel
Director is legally responsible, it is necessary to review
the provisions of the City Charter relative to employees.
Section 7 of the City Charter defines an "employee"
as ~ny compensated person in municipal service who is not
an officer." In that same section of the Charter, an
"officer" fs defined as "an elected member of the city
government." Using these definitions, therefore, it can be
seen that everyone serving the Cfty in a compensated capacity
is an "employee," except:
1. Members of City Council who are elected to their
positions (see Section 19 .of the Charter), and
2. The Municipal Judge (see Section 68 of the City
Charter). ·
All other persons, who receive compensation from the
Cfty for the performance of services, are "employees" and
not "officer ~.·
This is not to say, of course, that all Cfty e•ployees
are appointed by, suspended by, or report to the sa~e
individual or body.
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However, Section 52 of the Charter provides, inter alia,
as follows:
"Section 52. Powers and Duties--The City Manager
shall:
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B. Appoint, suspend, transfer and remove
City employees unless otherwise provided;
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G. Exercise supervision and control over all
executive and administrative departments,
including the authority, with prior
approval of Council by ordinance to
establish, consolidate, or abolish
administrative departments;"
Thus the City Manager has authority over all City
employees "unless otherwise provided." The phrase, "unless
otherwise provided," as used in this provision of the Charter,
could bear one of two meanings. It could mean either:
1. "Unless otherwise provided within the Charter" or
2. "Unless otherwise provided by Council by Ordinance."
While this proviso is not entirely clear, it is the
opinion of this office that the phrase, "unless otherwise
provided" means "unless otherwise provided by Charter." We
have reached thfs conclusion for two reasons.
First, the Charter, itself, contains exceptions to the
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rule that it is the City Manager who has the authority to appoint,
suspend, etc., City employees.
For example, the City Attorney of the City, since he is
not elected, would be an "employee" of the City. However, he
is not appointed by the City Manaqer because Section 64 of
the Charter provides that he shall be appointed by Council.
Similarly, any member of any board or commission of the City
who receives compensation for his services might well be
considered to be an "employee" of the City, within the
definition of that term used in the Charter. However, various
sections of the City Charter provide for the appointment of
these individuals by Council, rather than by the City Manager.
In view of the fact that the Cfty Charter, itself,
provides for the appointMent of persons who would fall within
the classification of "eMployees," under the Charter deffnftfon
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thereof, other than by the City Manaaer, it would appear
that the phrase, "unless othen1ise provide d ," as used in
Section 52 of the Charter was merely a reco ~nition that the
Charter itself provided for the ap pointment of some employees
by bodies other than the City Manaqer.
Se condly, Section 32 of the Chart e r reads as follows:
"Section 32. Powers Expressly Withheld fro m
Council--Council shall deal with the administrative
service solely and directly throu !]h the Cit y 11 anager,
and neither the Council, its members nor co mm ittee
shall either dictate the appointment or direct or
interfere with the work of any officer or employee -
under the City Manaoer, either ~ublicly or ~rivetely.
~ttempted dictation, direction or interference on
the part of any member of the Council shall be deemed
misconduct, and any member of the Council found guilty
of ant such act may be removed from office by a unanimous
vote of Council."
This Charter provision is rather stron~ly worded and, in
clear lanquaqe, removes from the sphere of responsibility of
the Council, and places solely within the hands of the City
Manager, the appointment and direction of e mp loyees, su bj ect,
of course, to policy directions and decisions given by Council
to the Manager.
If, therefore, the phrase, "unless otherwise provided,"
as used in Section 52, were construed to authorize Council
to place the authority of the Manager to appoint, suspend,
etc., in the hands of another pers q n or another body, the
underlying principle set forth in Section 32 of the Charter
could be violated, i.e., Council could pass en Ordinance
requirin g one, or all, City employees to be appointed by
someone else. ·
Whi le the phrase, "unless otherwise provided," could,
of course, bear this interpretation, the proper interpretation
of any l e gi slative enactment depends upon the intent of the
body enacting the same and, for this reason, it would appear
inconsistent to me to conclude that the same body t hat adopted
t he foregoing provisions of Section 32, at the sa me ti me ,
meant, by the provisions of Section 52, to qrant power to
Council to supersede the principle set forth in Section 32.
For these two baste reasons, therefore, it appears to me
that, if the Personnel Director is an "employee," within the
Charter definition, and if the Charter does not contain any
s pe cific provisions for h1s appointment, suspension, etc., the
City Manager, by virtue of the provisions of Section 52 of the
Charter, would be the official responsible for these matters.
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As to the first matter, it is my firm opinion th~t the
position of Personnel Directo r falls within the definition
of "em p 1 o y e e . '· fl e i s i n the m u n 1 c i p a 1 s e r vi c e , he i s
compensated, and he is not an officer. By necessity,
therefor e, he must be an "employee."
Secondly, there is no provision of the City Charte r
providin~ for the appointment of the Personnel Direct or,
other than the provisions of Section 52.
Artice XV of the Charter is the only provision thereof
relatin ~ to the career service system . It provides, in
essence, that Council may create, hy Or dinance, a board of
career service commissioners and that this board shall submit
to Council a career service system embodyinq certain principles1 as enu me rated in Section 138 of the Charter. Nowhere within
Article XV, nor in any other provision of the Charter which
this office could find, is the position of Personnel Director
mentioned, nor does any provision of the Charter mention his
appointment or suspension. Thus, since it is not "otherwise
provided " by Charter provision, it is this office's opinion
that the Personnel Director's appointment, suspension, etc.,
is a responsibility of the City Manaqer, pursuant to the
provisions of the Charter hereinabove set forth.
Now, pursuant to Charter provisions authorizing t he
adoption by Council of a career service ordinance, Cha pt er 6
of the Municipal Code has been adopted by Council. Section
6.6-2 of that Ordinance provides, in essence, that "such
employees as are reasonably necessary to administer the
functions of the career service system shall be provided upon
the reco mm endation of the board [referrinq to the board of
career service commissioners].
Section 6.7-7 (A) of the Municipal Code provides that
"the Personnel Director shall be subject to the authority
of the career service board, in accordance with 6.6-2 of
this chapter." Since an Ordinance cannot be inconsistent with
the provisions of the City Charter, if these two Ordinance
provisions mean that it is the board of career service
commissioners which appoints, suspends, removes or transfers
the Personnel Direct or, I would be forced to the conclusion
that these Ordinance provisions are invalid .
on the other hand, it is a cardinal principle of
statutory or ordinance interpretation that if a provision can
reasonably bear two interpretations, one renderin Q the same
valid and one rendering the same invalid, an interpretation
renderinq the provision valid must be adopted.
For this reason and for the further reason that it appears
to me that, irrespective of past practice, the essential intent
of these ordinance provisions support thfs meaning, ft fs my
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opinion th a t t hese two ordinance provisions do not place
wi thin t he han d s of the board of career service commissioners
the aut ho r i t y to appoint any emp loyee.
Ra t he r , i t is my view th a t Section 6.6-2 merely me ans
th a t t he City will make availa b le to the board such employees,
a p pointe d by t he City f1ana qer , as may be necessary to ai d the
board in carry in ~ out its functions.
Si mil a rl y, t he provisions of 6.7-7 merely ~ean that, in
carry in ~ out th e administrative duties associated with the
career service system, the Personnel Director shall take
directions fro m the board of career service commissioners.
t
~or t he fore going reasons, then, it is the op1n1on of t his
o f fice that th e Personnel Director is 'd irectl y r esponsib l e t o
the City Manaqer in the same Manner that all other employees,
except those for which special provisions are contained 1n the
Charter, are so responsible.
JAC/j w
pec tfuJ~l s~bm1 t;}J ,
L~f/~ i ~dk/
ohn -A. r1swe11
City Attorney
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CITY. COU C':ll OCUMENT
f r 1 ,..., ,
JUt~ 1 b '69
COU NC IL ..'oCr 1 •NG FILE
C IT'( OF. ENGLEWOOD, C OLO.
SURVEY OF MUNICIPAL
PERSONNEL SYSTEM WITHIN
SELECTED COLORADO CITIES
Office of the City Manager
June 12 , 1969
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JUN 1 6 1969
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ARVADA:
City Manager
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Merit Appeals Board Director of Administrative Department Heads
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Services
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Personnel Staff Employees
DIRECTOR OF ADMINISTRATIVE SERVICES: Appointed directly by City
Manager--Personnel function approximately one-half time--other pri-
mary duties are public information director and supervisor of clerical
pool, telephone operator and janitorial services --administers to 155
full-time personnel and 15 part-time personnel--recruits, interviews,
tests, prepares eligibUity list, maintains personnel files, surveys
salaries and recommends salary grades to City Manager, administers to
general employee personnel requirements.
PERSONNEL STAFF: Equivalent of one-half time secretary.
DEPARTMENT HEADS : Hires and fires employees subject to approval
of City Manager --select new hires from ellgibUity Hat.
CITY MANAGER: Hires and fires Director of Administrative Services
and department heads --approves hiring and firing of other employees --
recommends salary grades to City Council.
MERIT APPEALS BOARD: Three citizen board appointed by City Council --
final appeal authority and judge on employee objections to caaea of suspension,
demotion or dism isaal only.
EMPLOYEE: Seeks determination of grievance on suspension, demotion or
dismissal directly by appeal directly to Merit Appeal Board --seeks determi-
nation of grievance on all other matters through supervisory chain of command
which may go as high as City Manager--new grievance policy on non-Merit
Appeal Board cases under study.
CITY COUNCIL: Eatabliahea salary grade a.
June 12, 1969 -1 -
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AURORA : POLICE AND FffiE ONLY
City Manager
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Chiefs Civil Service Board
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'Employees Chief Examiner
CHIEF EXAMINER : Appointed by Civil Service Board--Personnel
functi.on full-time --no secretarial staff except infrequent hourly help --
recruits, interviews, tests, prepares eligibility list, maintains personnel
files , administers to general employee personnel requirements--step
increases are "automatic ."
CIVIL SERVICE BOARD: Three citizen board appointed by Council --
final authority on employee appeals --reviews eligibility lists --hires
and fires Chief Examiner --no role in salary grades for personnel or
step increases --hears and determines officers' appeals for discipline
greater than ten days' suspension.
DE PARTMENTAL CHIEFS: Hired and fired by City Manager--revert
to previous Civil Service position if fired by City Manager.
C ITY MANAGER: Recommends salary grades--disciplines and fires
officers.
CITY COUNC IL: Adopts salary grades.
E MPLOYEE : Appeals d iscipline greater than ten days ' suspension to
Civil Service Board .
June 12, 196 9 -2-
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AURORA : NON -POLICE AND FIRE EMPLOYEES
City Manager
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Career Service
Board
Personne l Dire ctor I Department Heads I
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Personnel Staff I Employees
PERSONNEL DIRECTOR : Hired and fired by City Manager--recruits,
interviews , tests , prepares eligibility lists, maintains personnel files,
administers to general employee personnel requirements --recommends
salary scales to City Manager .
PERSONNEL STAFF: One full-time secretary .
CITY MANAGER : Hires and fires department heads and Personnel Direc-
tor --recommends salary grades to Council.
CITY COUNCIL: Adopts salary grades .
CAREER SERVICE BOARD: Appointed by Council --hears and deter-
mines all, appeals from e mployees on matters affecting pay and termi-
nation --no role in hiring employees o r salary determination.
EMPLOYEES: Appeal matters regarding termination and pay to Career
Service Board.
June 12, 1969 -3-
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BOULDER:
I City Manager
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Personnel Director Department Heads
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I Personnel Staff Employees
PERSONNEL DffiECTOR: Appointed directly by City Manager --full time
position includes safety and training director duties --administers 360 full-
time and 350 part-time personnel --recruits, interviews, tests, maintains
personnel files, surveys salaries and recommends salary grades to City
Manager--administers to general employee personnel requirements.
PERSONNEL STAFF: Equivalent to one-half time secretary--secretary
shared with others.
DEPARTMENT HEADS: Hire employees --fire employees subject to
approval of City Manager.
CITY MANAGER: Fires employees --recommends salary grades to
Council.
CITY COUNCIL: Establishes salary grades.
EMPLOYEE: Seeks determination of grievance through a system incorpor-
ating supervisory, employee association and, finally , City Manager.
June 12, 1969 -4 -
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City Manager
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Personnel Board Assistant City Manager Department Heads
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Personnel Staff Employees
ASSISTANT CITY MANAGER: Assumes all delegated responsibilities from
City Manager who is entrusted with all responsibility for personnel except
as enumerated below--equivalent to one-half of all duties--other duties
are general assistance to City Manager --administers to 310 full-time
and 85 part-time employees.
PERSONNEL STAFF: Equivalent to 90% secretary.
CITY MANAGER: Has all personnel duties and responsibilities except
approval of job classifications (job titles and descriptions) which are dele-
gated to Personnel Board.
PERSONNEL BOARD: Three citizen committee meets quarterly to approve
job clauifications only and to make recommendations to the Council and/or
Manager on any question regarding personnel --can hear employee griev-
ance or appeal, but can only recommend determination to City Manager.
EMPLOYEE: Seeks determination of grievance through prescribed chain
of command procedure to City Manager--can appeal to Personnel Board
after meeting with City Manager --Personnel Board then recommends back
to City Manager .
June 12, 1989 -5 -
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GREELEY:
C ity Ma na ge r
Civ il Scr ice
Commi ss ion
(Poli~~·1 a nd F ire Jv )
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Fire and Pol ice Personnel Office r Othe r Department Chie f. Heads
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Fire and Police P rson ne l Staff Office rs E mployees
PERSON EL OFFI CE R : Appointed directly by City Manager--Personnel
function plus safety director function full time --serves also as secretary
to Civil Service Commission--a dministers to 140 full -time and 70 part-
time non-fir e and police employees plus 0 police and fire officers--re-
cruits, inte rviews , te sts , pre p a r es eligibility list for non-police and fire
employees, maintains p e rsonnel fil es, surveys alaries a nd recommends
non-police and fire salaries to City Manager , administers to general em-
ployee personnel req u irements .
PERSONNEL STA FF: Equivale nt to 1/4 e cretary --secretary shared
with three other supervi ors .
DEPARTMENT HEADS : Hir a nd fir e mployees subject to approval of
City Manager --select n ew hire from e ligibility list.
CITY MANAGER : Hire a nd fires Personn I Officer without approval of
Civil Serv ice Commis s ion --a pprove appointments, dismissals and other
p ersonn e l a ctions for all e mployees --does not ha e to take recommenda-
tions of Civil Service Co mm ission r egarding police or fire officers --
recommends salary a nd other benefits to Co uncil .
C IVIL SERVI E OMMISSION : Appointed by Council --pre p ares e ligibility
list of police a nd fire candidate for ity Manager --hears appeals of
pol ice and fire officers on all p rsonne l matters --decision fina l --
recomm nd to Council on salar nd other benefits for police a nd fire
officers only .
POLICE AND FIRE OFFICERS: Seeks d ete rmina tion of grievance b y appeal
directly to Civil Service ommission .
OTHER E MPLOYEES: Seek s determina tion of grievance through chain of
c omma nd --no formal app eal or grievance system .
C ITY COUNC IL : E ta b! is h es salary grades.
June 12 , 1969 -6 -
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LITTLETON:
City Manager
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Administrative Assistant -Department Heads
Personnel Officer
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Personnel Staff Employees
PERSONNEL OFFICER: Appointed directly by City Manager--Personnel
function approximately 1/4 time --other primary duties are general assist-
ance to City Manager, purchasing officer and secretary to three boards or
commissioners --administers to 170 full-time personnel and 10 part-time --
recruits and administers to general employee personnel requirements --
considering departmental status of function.
PERSONNEL STAFF: Equivalent to 1/4 time secretary.
DEPARTMENT HEADS: Interview, hire and fire employees subject to City
Manager approval --conduct salary surveys and recommend salary grades
to City Manager (done by consultants in past) --approve step increases sub-
ject to City Manager approval.
CITY COUNCIL: Establishes salary grades.
CITY MANAGER: Hires and fires Personnel Officer and department heads --
approves hiring and firing of other employees --recommends salary grades
to City Council.
EMPLOYEES: Seeks determination of grievance by appeal directly to Per-
sonnel Office and /or City Manager.
June 12, 1969 -7-
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Personnel
Board
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City Manager
Assistant City Manager
Personnel Staff
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pepartment
Heads
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Employees
ASSISTANT CITY MANAGER: Appointed directly by City Manager --Per-
sonnel function approximately 1 /3 time --other primary duty is general
assistance to City Manager --administers to 70 full-time personnel and
10 part-time--recruits, tests, interviews, prepares eligibility lists,
maintains personnel files, surveys salaries and recommends salary
grades to City Manager --administers to general employee personnel
requirements.
PERSONNEL STAFF: Equivalent to 1/4 secretary .
DEPARTMENT HEADS: Hire and fire employees subject to approval of
City Manager.
PERSONNEL BOARD: Three citizen board appointed by City Council--
final appeal authority and judge on employee discipline and salary appeals.
No other responsibilities .
CITY MANAGER: Hires and fires Assistant City Manager and department
heads --approves hiring and firing of other employees --recommends
salary grades to City Council.
CITY COUNCIL: Establishes salary grades .
June 12, 1969 -8-
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Law Offices
JOHN A. CRISWELL
Edward 6 . Donovan
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OFF IC l A L
eJrr COUNCI L DOCUMENT
RETIJf'lN TO
JliN 1 b '6 9
C OU NC I L f~E E.TIN G FILE
TO: NA YOR, CITY COUNCRifb.f~rfrl'l<t'-ffl ~~~·
FR OM: CITY ATTOR NEY
RE: PROPOSED PERSONNEL ORDINANCE
3755 South Broadway
Engle wood . Colorad o 80110
Ph ont! 76 1-0800
June 11, 1969
In the Council packet you will be receivin g a proposed Ordinance
which would amend several provisions of Chapter 6 of the Municipal
Code, relatin q to officers and e mployees, which incorporates the
su gg estions set forth by the City Manager in his memorandum upon
the subject. Attached hereto you will find an index to this
proposed Ordinance, and, in order to simplify your review of the
same, I have prepared hereinbelow a few short comments on each
section.
In reviewin g Cha pter 6 of th e Co de with the intent to ame nd t he same
to incorporate the Manager's su gg estions, I discovered that this
chapter needed a bit of reor g anization. Basically, sectio~6.1
throu g h 6.6-15 of the present Code contain the career service system,
as such, together with administrative provisions. The re m ainin~
portions of the Code (consisting of ''career service rules) are
bas i cally workin g r ules poverning City employee s . However, some of
t hese provisions relate to the administration of the syste m and some
of t he m relate to the adoption of a pay plan dnd, therefore, exceeded
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the conce pt of working rules. For this reason, I felt some reorganization
of Cha p ter 6 woul d be necessary. I have, therefore, taken the first
s i x article s o f t his chapter, together with certain sections of
a rticle 7 r e lat i ng to administration and pay plan and reorganized them
in t o t h ree arti c l es .
The fi r st articl e conc erns itself , hopefully, solely with personne l
a dministration.
Th e se cond a r t i c le ou tlines the bas i c tenets of the career service
s y stem, and the t hi rd article relates, principally, to the met hod or
ma nner in which employee compensation i s to be determined.
Thi s me ans , o f cours e, that if this Ordinance is adopted, we will not
ha ve articl e s 4 , 5 and 6. However , I ~m of the view that the re mainder
of t h is cha pter could also stand some reorganization, but have not
at t ~m p ted t hat task in this Ordinance.
Re f e rrino to the index then, the proposed Ord1ne~ce makes the following
c han g es :·
"JUM 1 6 196'1
~[a.)}
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May or , City Councilmen and City Manager
June 13, 1969
Page 2
1. Section 6. 1-1 is presently 6.5 with no channes whatsoever.
2. Section 6. 1-2 is an expanded version of what is presently
6.6-2 and 6.6-3.
3. Section 6. 1-3 is based, principally, upon the provisions
of 6.7-7 with the follo~lin g changes:
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the
4.
5 .
6.7-8.
6.
A. The City Mana g er appoints the Personnel Director,
after consultation with the Board.
B. He is specifically made exempt from the career
service system.
C. lie is 9iven substantially the sarne duties to perform
for the Board as he presently has, and in addition,
is given the responsibility of supervising any other
employees assigned by the City Manag er to work with
the Board.
0. In addition, he is qiven the responsibility for
administerin~ an in-service trainino program, an
employee safety program, for consultin~ with employees
on employee prpblems and reporting to the City Manage r
upon the same, for accumulating personnel data relating
to benefits and reportinq both to the Board and City
Mana ger and for carryinq out such other assignments
which mi nht be delegated to him by the City Manager,
so lonq as such assignments were not inconsistent with
his other responsibilities.
Section 6. 1-4 is su bstantially the provisions of 6.7-9.
Section 6.1-5 is substantially the provisions of 6.6-2
Section 6.2-1 incorporates, in a rather expanded version,
provisions of 6.6-1 and 6.6-2.
7. Section 6.2-2 is an expanded version of 6.6-15.
8. Section 6.2-3 is basically 6.6-12.
9. Sections6.2 -4 throu g h 6.2-11 are exactly the same, except
f or ra mrn atical corrections, as present 6.6-4 through 6.6-11. I . •
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~l ay or, City Councilmen and City ~1 ana g er
June 13, 1969
Pa ge 3
10. Secti on 6.3-1 is presently 6. 2.
11. Se ction 6.3-2 is presently 6.4-2.
12. Section 6.3-3 is a combination of present 6.6-13 and
6.4-5.
13. Section 6.3 -4 is presently 6.3.
14. Section 6.3-5 is present1y 6.4-4.
1 5. Se ct i on 6.3-6 is presently 6.4-3.
16. Section 6.3-7 is presently 6. 1.
17. Section 6.3 -8 is presently 6.6-14.
1 8 . Sec tion 6.3-9 is basicially 6 .7-9. However, present
6.7-9 s pe cifies the hospitalization proQram by insurance name, and
for this reason, is somewhat inflexible. I have, therefore, repealed
that section and me rely provided that council may, either by motion
or resolution, authorize expenditures for life, medical or hospitalization
insurance in such a mounts, if any, as it may, from time to time,
determi ne. This appears to me to give a greater degree of flexibility
than the present Ordinance .
As I have noted pre viously, I do believe that further reorqanization
would be desirable. In view of the fact that I was aware that some
amendment to this chapter of the Municipal Code was pendinQ, I have
not caused a review of that chapter to be mad e in our recent
recodification efforts. If, however, Council adopts the Ordi~~nce
beinq p ro posed and if they are of the view that it would be worthwhile
to do some further organization, I could do that independent of the
codifier so that that reor ganization would be included within the
final draft of the new proposed Code which should be in Council's
hands within the next sixty days.
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6. 1
6. 1-1
6.1-2
6. 1-3
6. 1-4
6. 1-5
6. 2
6. 2-1
6.2-2
6.2-3
6.2-4
6.2-5
6.2-6
6.2-7
6.2-B
6.2-9
6.2-10
6.2-11
6. 3
6. 3-1
6.3-2
6.3-3
6.3-4
6.3-5
6.3-6
6.3-7
6.3-8
6.3-9
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INDEX
Chapter 6 -Officers and Employees
1QD1fjJLal Personnel ~dministration
Career Service Boara
Responsibility of Career Service Board
Personnel Director
Recordino Secretary
Other Clerical Assistance
~a,n_u_~_g rv i~ s ten
Applicability and Purpose
Non-Discrimination
Job Classification Plan
Employment Standards
Probationary Appointment
Promotions
Status of Present Emrloyees
Tenure
Layoff
Re-e111ploy ment
Disciplinary Action and Appeals
co m.P.J!m .A..t i OJL...QLJ!!l.PJ2 y e e ~
Salaries of Council Appo ntees
Salaries of Non-Classified Employees
Salaries for Classified Employees
Sa lary and Waqe Schedule
Lonqevity Compensation
Compensation Not to Exceed Appropriations
Social Security
Retirement of ~mployees
Hospitalization Benefits
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INTRODUCED AS A BILL BY COUNCILtiAfl ___________ _
A BILL FOR
1\f: 0 R 0 It! M l C E R E P E ALI N G S E C TI 0 tl S 6 • 1 T It R 0 UGH Ji l l 0 I N C L U 0 HI r,
6 .6-15 , 6.7-7 THROUGH li ND INCLUDING 6.7-9, 6.7-29 and G.7-30
OF TH E 11UN ICIPAL CODE OF THE CITY OF ENGLntC\00, TOGETI IEP \·liTH
AN Y OT HER ORDI NANCES INCOfiSISTENT HEREWITII, AHD AODITi fi G TO CHAPTER
6 OF Til E ~IU N ICIPAL CODE OF THE CITY OF EflGLE HOOD fiE\·1 SECTIONS 6.1-1
THROUG H ANO INCLUDING 6.3-9 TO PROVIDE FOR THE ESTABLISHMENT AND
ADMI N ISTRATIO ~ OF A CAREER SERVICE SYSTEM, AND TO PROVIDE FOR THE
APPOI NTMENT OF A PERSONNEL DIRECTOR, RECORDlfiG SECRETARY AHD OTHER
-NECESSARY CLERICAL EMPLOYEES BY THE CITY MANAGER TO AID THE BOARD
OF CAREER SERVICE COMMISSIONERS IN THE PERFORMANCE OF THEIR DUTIES
AND RESPONSIBILITIES HEREUNDER AND TO PERFORH SUCH OTHER DUTIES
AS ARE NOT INCONSISTENT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EfiGLEWOOD,
COLORADO:
Section 1. Section 6.1 throuqh and includin~ Section 6.6-15,
Secti~~throuqh and includinq Section 6.7-9, Section 6.7-29
and Section 6.7-30 of the Municipal Code of the City dEnqlewood,
together with any Ordinances inconsistent with the provisions of
Section 2 hereof, are hereby repealed.
Section 2. Chapter 6 of the Municipal Code of the City of
Englewood is hereby amended by the addition thereto of new
Sections 6.1-1 through and including ~.3-9, which shall read as
follows:
"§6.1 MuniE _i~..!_ Employment Administration
§G.l-1 Career Service Board. There is hereby created
a Board--or Career Service Commissioners, hereafter referred
to as the "Board," which said Board shall consist of three
qualified electors sympathetic with the intent and purposes
set forth in Article XV of the City Charter. One member
of said Eoard shall be appointed by the Council for a term
of two years, beginning June 1, 1959; one member for a term
of four years, beginning June 1, 1959; and one member for
a term of six years, beginning June 1, 1959. Thereafter,
each Commissioner shall be appointed for a term of six years.
Members of the Board shall hold no other appointive or
elective municipal office durinq their tenure on such Board.
They shall receive such compensation and/or reimbursement
for expenses as may be determined from time to time by the
Council.
~6. 1-2 Responsibiliit of Career Service Board. The
Board s hall 'be-generallyresponsible for the iiliiiTiiistration
of the career service system of the City of Englewood, as
the sa me is established by the provisions of this Chapter 6,
and shall perform such duties as may now, or hereafter, be
i mposed upon them by the Charter or any ordinance. The
Board shall h ave the authority to adopt necessary rules
and re g ulations, not inconsistent with the provisions
of this Chapter 6, as may be necessary or appropriate to
ad minister said system or to carry out its. responsibilities
and duties imposed thereby.
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§6 . 1-3 Pe rsonnel Director. ----·--
(a ) Th e City Mana ger sh a ll, af te r c o ns ul tati on with
t he Boa rd, a r no i nt , suspend, re mov e and tra ns f e r, an
e mp lo y ee of t he City as Personnel Di r e c to r who sh all, for
pu r poses o f Section 13 8 of the Cha r te r an d §6 .2 -1 of t h is
Co de, be co nsi d ered to be a de partment head.
(b ) The Pe rsonnel Direc to r sha ll q ive suc h aid an d
ass is tance to the Board, in t he perf o r nance o f i ts
r e s po ns ib ilities and duties, a s may be nec es sa r y , incl ud-
in g , without li mitation:
(1) Generally supervisi no al l o t he r e mpl oye es
desi gnated by t he City Man a er t o r end er
clerical and general off i c e ass i st a nc e t o
the Board;
(2) Preparin q and reco mm endin q to t he Bo a rd
all necessary rules and reoulat i ons to
carrv out the provisions of this Cha pter
6; .
(3) Intcrpretin ~ and enforcing, subject to
review by the Board, all such rules and
regulations ;
(4) AssistinQ the appointing authoritY
all departments of the City, and the
Board in establishinq qualifications for
positions with the City, preparinq and
holdinq examinations an d passing upon the
qualifications of applicants, establishing
eligibility lists and certifyinq eligible
applicants to the appointin g authority
to fill vacancies ;
(5) Preparin g for the approval of the Board
a position classification plan with
specifications, and revisions thereof when
necessary; performin g position audits an d
reco mmendino to the Board the allocation
or reallocation of all positions to classes
within the classiciation plan.
(6) Establishin g and maintaining a file of all
career service employees and such records,
forms and procedures as necessary to facilitate
personnel transactions.
(7) Collectin~ personnel data, relating to wages,
from throughout the Denver metropolitan area,
co mpa rin g t he same with the presently effect-
ive pay plan for City employees and, based
t he r e upon , reco mme ndin g to the Board an
a nnual pay plan for submission to City
Cou ncil •
(8) Pe rfor ming s u c h other duties as may be
nece s s a r y to imp lement the career service
s y ste m.
(c) In ad dition, t he Personn e l Of rector shall, under
the s upe rvision of the City Mana ger:
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(1) necommend and administer an employee
in-service training program;
(2) Recommend and administer an employee
safety program;
(3) Consult with enployees on matters relatino
to employee problems or co~plaints which
cannot be resolved within any department
and report thereupon to the City Manager;
(4) Accumulate personnel d~ta relatin~ to e~ployee benefits of municipal employees
in the Denver metropolitan area and report
thereupon both to the Board and to the
C i t y t~ an a~ e r ;
(5) Carry out such other assiqnments, not
inconsistent with the foregoino, which he
may be dele~ated, from time to .time, by the
City Hanager
§6.1-4 Recordinn Secretary. In accordance with Section
53 of -tile-charter~ City f1anager shall desinnate a
recordinn secretary for the Board, who shall keep a record
of all proceedin~s before the Board.
§6.1-5 Other Clerical Assistance. The City Manaqer
may, from fil"letot1r1e-;--up"O n recommendation of the Board,
designate such other and further employees of the City to
aid the Board in the performance of necessary clerical and
general office work.
§6.2 ~eer Service System
§6.2-1 Ahplicahili~ and Purpose. The provisions of
§ § 6. 2:-'1---rfiro ug 6-: 2::"fls h a llb e . k no1 ·1 n as the "Career Service
System of the City of Englewood" and shall apply to all
e mp loyees of the City (hereinafter called "classified
e mployees") except all elective officers, all appointees
of Council, all department heads, one confidential secretary
in the office of the City Manager, and at t he option of any
head of a department, Board or Commission, one confidential
secretary in the office of each department, Bo ard or
Commission. The Board is hereby charged with the administration
of said system and, in interpretinn the provisions hereof,
said Board, and all other employees or officers of the City,
shall ever be coqnizant of the principle that appointment
to muni cipal service should be based upon qualification and
merit and that termination of such employment should only
be for qood cause.
§6.2 -2 Non-Discri mination. Neither the City of
Eno 1 evlood norariT off"icer-aremp 1 oyee thereof, sha 11
discriminate against any applicant for employment, or any
e mp lo y ee, in selecting applicants for emP.loyment or in
pro moting, laying off or terminatinq any e~ployee, based
upon th e race, creed, color or political affiliation of
such applicant or employee.
§6.2-3 Job Classification Plan. The Board shall survey
the jOl)ifUti esanrr-e-spoilsTfillTt'leSof each classified
position wi t h the City, and shall, based upon such survey,
assinn each such position to a job class, to the end that
all positions wi thin the City which involve substanti a lly
the sa me kind and level of duties and responsibilities
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shal l be assi~ned to the same job class, shall bear the
same des criptive title, an d shall be subject to the same
qua lification require Me nts, t he same test of competence
and the same pay g rade. The initial classification p lan
shall be revised by the Board from time to ti me as c hang in g
conditions re qu ire, upon reco mm endation of the a ppoint in g
authority. Such revisions may consist of the addition,
abol is hme nt, consolidation, division, or amendment of existin~ classes .
. ~6 .2 -4 Empl~~~nt Sta~ards . The eliqibilit y of
app l1c ants for or1 g ina e mp oy ment s hall be determined
by open, free an d co mp etitiv e exa mi nations as to fitness
for e mploym ent co mm ensurate with the classification of
the position. Eligibility lists for each class as
hereinafte r define d s hall be set up in the order of final
scores, including veteran's preference credits, but in no
event shall a veteran's prefer en ce be credited to the
score of an a pp licant who fails in an examination without such credit.
§~_;2 P ro b at ~on a_!.'[ AhD ointment. 14 henever a vacant
position 1s to be f1i Te d , t e top three names on the
proper eligibility list sh a ll be sub mitted to the appoint-
ing authority for the selection of one applicant to serve
a probati on ary period of not less than six months nor
more t h a n one year. The original probationary period
s ha ll be fixed by the Board. Such initial probationary
period may be exten ded by the said Board only upon written
r eque st from the a pp ointinn authority statin g the reasons
for such re q uest. At any ti~e during t he probationary
period, the emplo ye e may be dis missed or returned to his
former status by t he appointino authority with the approval
of t he Board. After sati sfa ctory co~pletion of the pro-
ba tionary period, t he enployee s ha ll be gi ven per manent
status. Pendino t he e sta blis hmen t of an applicable eligi-
b ility lis t, te mp orary a ppo intments may be ma de by the
appointin g authority with the appro val of the Doard.
~6.2 -6 Pro motions. Competitive examinations for
positi ons-above tne-entra nce level shall be open to other
City emp loyees, and t he final sco re of eac h applicant shall
include appropriate consi de ra tions of the applicant's
qua lifications, record o f pe rf o r ma nce, and seniority with
t he City, and shall incl ude t h e veteran's ~reference credit.
The r eclas sification of a position occupied by a permanent
employee s h all not be considered as a pro motion.
§6 .2-7 Stat~ £f Present Em ployees. Each present full
ti me re qu lar empl oye e of t he City 1·1h o had on De ce mb er 19,
1 959 , at least one year's satisfactory e mp loyment, e xcept
those ex clu d ed from t he career service syste m, shall be consi ~e r e d as ha vi ng pe r manent status wi t hout further exa .ination
!6 .2-8 Tenure_. The tenure of every .e r.1 ployee af ter
!la inin !J permanents tatus sh a ll be co nditioned on r oo d
behavior and t he satisfactory oerformance of h is duties.
A sinned notice of r es i gna tion or retire ment n ay be with-
d ra wn by th e si !lne r at any ti r.Je within three days following
t he effective date indicate d in the notice . An employee may
be te mp orarily separated fro m e mploymeht by la y off or leave
of a bse nce or suspension, or h e nay be denoted to a lower
classification, or he may be pe r manently separated by
d is missal, any or all upon directive of t he appointing
aut h ority an d with con dition s as hereinafter provided for in this chapter.
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§6 .2-9 Lavo ff. Whe ne ver t he re is lac k of wo r k or lack
of fu ~equi rin~ r edu ctions in the number of emp loyees,
the ap pointin o au t hority s ha ll desionate the or gan ization
un it and cl a ss e s in whi ch t he layoff is to be made. Upo n
such determination, th e r eq uir ed nu mb er of e mp loyees in the
affected unit an d class shall be placed on a r e-employme nt
list or tr an sferr ed by t he appointinq aut ho r ity, each in the
order of his relative lenqth and quality of s er vice as shown
by the personnel records, with the approval of t h e Board.
§6 .2-10 R e-e m p loy m~~·
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(a) Any permanent employee in a class i fied position
and wh ile in qo o d standtnn, and upon reco mmend ation of the
appointinq aut hority and approval by the Coar d , may for
s pe ci fic purposes be g ranted a leave of a bsence without pay
for a pe riod not to exceed two years. Im media tely after such
g rant, he s hall be placed on a re-employment list for his
classification.
;
(b) For a period not to exceed t wo years after accept-
in g an appointment from a classified position to an unclassified
posi t ion in the city service, an e mployee shall be placed and
continued ·on the re-employ ment list for his classification.
(c) Whenever a vacancy within any classification shall
occur, the position shall be offered first to any person who
is on the re-e mp loym ent list for such classification by
virtue of paragraph (b) of this section, and if not accepted
by hi m, th e position shall be offered to any ot her persons
on the re-employ ment list for such classification in the order
of their place ment on the list.
(d) Former e mp loye es of the classified service who
resiqn from permanent status while in good standin g may make
written application for re-e mployment in his previous
classification within t wo years of the date of resignation
under the followin g conditions:
(1) ~ritten application must be received by the
City prior to the ex piration of t wo ye ars
fro m the date of resignation;
(2) The department head and the appointin ~
authority shall make such recommendations
to the Board for re-employment as in their
discretion they deem appropriate ;
(3) The applicant must po ssess special
qualifications for the position, or make
a sho win q t hat his or her re-employment
would ma terially benefit the City; and
(4) Re -e mp loy men t shall be ma d e the reafter o n ly
wit h th e approval of t he Board after such
examination an d other conditions as t he
Board dee ms necessary .
i_6_!._g..::JJ_ Disc j_p_]__i ~..r..t Ac ti on and Ap pea 1 s.
(a) Any enployee having pe r manent status may be
d is missed , den o ted o r suspen ded by t he appointinq aut hority
u pon filin n 11 it h t he lloa r d an d servin q pe rson a lly or by
certifi ed na il add ress ed to h is l ast kno11n r eco r d aci d r Pss
upon t he er~l o y ee a written s ta te n ent of t ~e c~use for such
action , which cause shal l r e l ate to t he pe rformance of duti es,
pe rsonal c o nd uct, or any factors detrimental to the City.
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(b ) \l ithin three \·torkinCl days aft e r t he rec e i pt of the
aforesai rl state n en t , t he Doar a shall notify t he enp lo ye e by
certi fied mail of his ri C!ht to file a written r e ply with
the fl oard .
(c) If the employee fails to file with the Board such
a 1 1 r i t t e n r e p 1 y I' I i t h i n f i v e 1·1 o r k i n 'l d a y s a f t e r m a i 1 i no o f
the Board's notice of his ri qht to do so, the ~ction of the
ap po intin~ autho rity shall be final, a nd in t he cas e of
dis~issal, the Board shall declare t he position vacant.
(d) If the e mp loyee files such wri tte n r ep l y wi th the
no~rd wtt htn the ~al d t1 me li mit, the B o~r d ghall sot a
he arinn to be he l d with in thirty days of the filinCl of su ch
r ep l y . At said hea rin g the e ~ployee shall be entitled to
r ep r esentation of his own c hoosin g at his own expense.
(e) Th e Boa r d , in t he con d uct of a hea rino, nay
r equi re any e mployee of the City to testify and ma y require
any City officer to present pertinent recor d s of his office.
(f) Within five wor kinn days of the conclusion of
sai d hea rino, t he Board s hall make its findinQs a matter of
recor d affirmin~. rn odifyin q or reversin~ the action of the
appointi no aut hority . Th e appointinC1 authority shall
i mm ediat e ly execute the findings of the Board.
§6..:.l_ Com_p~~~ion of Employees.
§G.3-l Sa_!_~ries £.f.. Co~£ij_ Appointees. The City l'lanager,
the l•l un1ci pal Judqe, the tlu nicipal Court Cler k , the City
Attor ney and the Assistant City Attorney shall receive such
annual salaries as shall be fixed by the Council fro m ti me
to ti me by n otion or resolution, payab le in equal se mi-
monthly installments. The City Attorney, Assistant City
Attorney or Attorneys, special counsel and s pecial water
consultant shall receive suc h ot he r and further com pensation
from time to ti me for special services as the City Council
may dete r mi ne and allow.
§6.3-2 Salarj_e~ for rt on-Classifie d Em~lo yees. The
month l y salary .or 1·1aqe-rDr each non-classif1e d e mp loyee
shall be established by th e City ll anaqer an d shall be
r efl ected in proper for m in t he a nn ual budqe t. In establish-
in!'! such salari e s or l~a!Jes, the City tlana9er shall oi ve
conside ration to t he necessary qu alifications, du ties and
responsibilities of each position for wh ich he establishes
such a salary or wage and shall atte mp t, insofar as possible,
to make such salary or wa ge consistent with the salary or
waqe estab lished for similar positions within the classified
service.
§6.3-3 ?al ari es for Classified Emp loyees.
(a) The Board shall annual ly before May 1st reco mm end
for approval by Council, in whole or i n pa rt, a pay plan of
sufficient g rades and ranqes so as to r eflect fairly the
di fferences in th e duties, responsibilities and qualification
require ments between classes. All classes in the classification
plan shall be assigned to proper q r ades in t he pav plan with
due regard to depa rt me ntal organizati on. The plan reco mme nded
by t he Board to Council shall include a formula for pav
increases with in ran qes of the pay p lan on t h e bas is of
lcnqt h an d quali t y of servic e .
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(b ) Upon receipt of the same by Co uncil, Council
sh a ll consid e r t he sa me and sh a ll fi nally adopt a pay plan
for the next ensuinn fisc a l year by wri t t en resolution ,
utilizin g the g r ades and schedules set fort h in §0 .3-4.
(c) ( 1 ) Effe ctiv e on and after Decenber 1, 1 968 ,
the cl assi fi ed posi tio ns of the Po lice
D ep ~rt m en t a r e he r e by reclassifi ed
wi t h in the sal a r y and waqe schedule set
fo rt h in Section 6.3-2 of this C~apter
as follo ~·s:
Gra de a nd
Progress i on
P~tr olman, 'th c las s
Patrolman, Jrd c las s
Patrolman, 2nd c l ass
Patrolman, 1 s t class
Detective
Sergeant
Lieutenan t
C aptain
Ass istant Chi e f
(2 ) The r a nk of each Pat r o l man prese n tly emp loy ed
in the Department as ~e ll a s the rank of e ac h
Patrol ma n wh o in t he future may jo i n the
Dep a rt ment shall henceforth be determ in ed
sole l y by his period of ser v ice i n the
Department as follo ws:
Pe r iod of Service Rank
0 to 12 mo. Patrol man, 4th Class 12 to 24 mo. ratrol n an, 3rd Class 24 t o 36 mo. Patrolman, 2nd Class 3 C mo. or more Patrolman, 1st Class
The rank of the re mai nino em ploy e es of the
Department will continue to be de termined
as set forth elsewhere in this Code.
. ~~.::i Sa l ~_ and ~£Schedule. The follo win g table 1s adopted for use in determi n in g sala ri es and wa~es fo r cl a ssifie d e mp lo ye es , upon an equitable basis, purs ua nt to the provisions of Section 6.3-3 of this chapter.
GRADE :A B ·c ·o 'E ·p
1 $2 0 5 $2 1 5 $22 6 $237 $2 49 $261
' ' 2 2 1 5 2 26 237 24 9 261 274
3 226 237 249 26l 274 288
4 237 249 261 274 288 302
5 249 261 274 288 302 3l7
6 26l -·274 288 302 317 333
7 274 288 302 317 333 350
8 288 302 317 333 350 367
9 302 317 333 350 367 386
10 317 333 350 367 386 405
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2 1 A
21 D
2 1 F
22 F
2 4 F
25 F
26 F
27 F
29 F
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11 333 350 367 386 4 05 425 t.. .. :·.
1 2 350 367 386 4 05 425 4~7
'·
13 367 386 4 05 425 447 4 69
.. .·· ...
·1 4 386 405 . 425 447 4 69 . 492
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15 405 425 447 469 492 517
'.
l6 425 447 469 492 ~17 543
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' l7 $447 $469 .. $4?2 '$5l7 • $543 . ·~"70
...
lS 469 .. '492 . : .. 517 .. 543 570 598
..
543 ·.570 . 598 628 : l9 492 _;.' 517 .
~., ..
,20 .. 517 ·543 ,570 598 628 660 • ...
·,21 5 4 3 '• .. 570 598 628 . 660 693 .. .. · ... ·.·:·· . . ..
693
, .
. '.727 22 ' .. _ ..... 570 598 628 660 ... . . ... , .. ,:·. : . . , . . .. ·~ . ·: ..
23 .. .... 598 628 660 693 727 764 '. '·,• •. . '
24 ._: : __ ,. 628 660 693 727 764 . . 802
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25 .· •. ': 660 693 727 764 ' 802 842 ~··
:' ..... : .. 727 764 . 802 842 884 J , .... 26 693 ·.·. ·: .. ::··
27 '727 ... 764 802 842 . 884 ' 928 •i
'28 ·764 802 . 842 '884 928 975
29 802 842 884 ~-28 .ns 1023,
§6.3-5 !:..£!li!...e~ Comeensation.
(a) In addition to the monthl y salaries or v1ages esta blished pursuant to t he provis ion s of Sections 6. 3-1 ' 6.3-2 an d 6 . 3 -3, each employee of t he city ' 1·1h ether o r not he is in the classified service, ~/hO qualif ies therefor, shall receive additional annual co mpensa tion in the form of lon g evity co mp ensation, V/h i C h co r.~pensation shall be paid to eac h e mp loyee once annually on
of each
or about t he 1st day of De c emb er year. The am o unt
upon the nu mber of yea r s
a nd shall be deri v ed f r om
Total Completed Years of
Co n tinuous Serv ic&
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5 -9
of such co np ensation s ha 11 be based
o f continuous service with t he City
t he follo l'l in g schedule:
· Amount of Compensation
None
$120, except for those ern?loyees
who have not completed six full
years of continuous service on
December lst o f any year, whic h
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20 or more
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employees shall · receive an
amount equal to $10 for each full
month of completed continuous
service, after completion of
five years of continuous service,
up to December 1.
$240, except for those employees
who have not completed eleven full
years of continuous service on
December lst of any year, \~hich
employees shall receive $120, plus
an amount equal to $10 for each full
month of completed continuous service,
after completion of ten years of
continuous service, up to December l.
$360, except for those em;?loyees
who have not completed sixteen full
years of continuous se~vice on
December lst of any year, \~hich
employee shall receive $240, plus an
amount equal to $10 for each full
month of completed continuous service,
after completion of fifteen years of
continuous service, up to December l.
$480,·except for those employees
who have not completed twenty-one full
years of continuous service o~
December lst of ·any year, which
employee shall receive $3GO, plus
an amount equal to $10 fo~ each ~ull
month of completed continuous service,
after completion of tw~nty years of
continuous service, up to December lst.;
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provided, ho wever, that the lonqevity co mpe ns at ion to be paid
on or about Dece mb er 1, 196 8 , shall he paid onlv fro m! a rch 1,
1 968 , an d such co mpensa tion sh a ll be pro-rat ed fro ~ that date
usinn monthly increments of $1 0, S20 , •30 anrl $40 , respectively.
(b) Fo r pu rposes of determininn the am o un t of lonqevity
co mp ensation due any e~ployee, any e mployee who shall have
actually co mm enc e d his employm e nt with the City on the first
throu qh fifte enth day s of any month shall be considered as
havin~ com me nc ed his employment on the first day of that month
and any e mp loy ee who shall have actually commenced his employ-
me nt with the Cit y on th e sixteenth or subsequent day of the
month shall be cons idere d as havinq commenced his employment
on the first day of the succeedino month.
(c) Mo e mployee sh al l be ent itlerl to r e ceive any
lonoevity co mpensation or any portion thereof when his enploy-
ment with th e City is terminated prior to the first day of
Decem ber of any yrar (except t hos e employees whose terminations
result from their retire ment in accordance with Section 6.3-8,
provided, however , t ha t any e mp loyee whose employ ment is
terminated because of a re d uction in force, or 11ho nives not
less than thirty (30 ) day s written notice of h is ter ination,
or whose termination (not beino a discharge for cause) is due
to circumstances beyond his control may, not more than thirty
(30) days subsequent to such termination, petition the Board
to authorize the payment to him of a pro-rata portion of the
longevity compensation for that year. The Board shall consider
the circumstances of each employee filinq such petition, shall
determine whether the payment to such employee would tend to
re move from other employees th e i ncentive to maintain continuous
employment with the City, and shall enter its decision either
qrantinq, or denying, to such employee t he rio ht to receive
a pro rata portion of his longevity co mpe nsation for that year.
All payments of any lon~evity compensation to such e mployees
shall be based upon the schedule contained in Section 6.3-5 (a)
and s ha ll be pro rated, based upon the nu mbe r of mon ths of
continuous service by the employee to the date of termination.
§6.3-6 _j._2!"P_ei~_s_ation fl ot ~Exceed AF roriations.
ll othinq conta1ned ~ntlili1§b.J-1 througn § .3-shanDe
construed to authorize the payment of any waqe or salary which
would result in expenditures in excess of appropriations therefor.
§6 .3-7 ~o _cj~ SeC_lJ_!"_i__sy_. The City Council has heretofore
by n r drnance and a ree ment extended t he benefits of Old Ao e
an d Su rvivor's Ins u rance to all officers an ~ employees of the
City except thos e in the police and fire departments. The
p ro pe r officers of t he City are hereby a u t horized to continue
m aki n~ p ayroll deductions fro m salaries, and ta mak e t he
r equired pa yme nts by the City, and to do all other t h in gs
necessary to continue the cover aoe of t he said officers and
employees of t he City in th e sai d Old Aoe and Survivor's
Insuranc e Program .
§6.3-8 Retj re me_!l_! of Employees.
(a) (1) All full-ti me, perman ent employees of t he
City, 11hose e mp loynent is go verne d by t h e
p rovisions of the Career Service 0 r dinances
shall he retire d upon re achin~ t he a qe of
sixty-five (65) yea r s; provi ded, holt ever,
that, upon re qur st t i e r efo r fro ~ anv such
emp loyee, and by r eason of sp ecia l or
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unique conditions, or special ~ualifications,
t he City Manaqer ~~Y extend the retirement
date of any such employee, from ti ~e to time,
providin g no single extension thereof shall
be lon ~er t han one year; and, providinn f~rther,
t ha t no suc h extension shall be q ranted to
any employ ee who has reached seventy (70)
years of a ge.
(2) The e f fective date of retir em ent under the
provisions of §6.3-B (a) (1) hereof shall be
th e last day of the first full month following
the month in which s uch employee reaches the
a~e of s1xty-f1ve (65) years, or 1n the case :
of any extensions of retirement a~e. the date
on which the extension expires.
(b) The Board shall continue to investinate and consider
furt he r and other retirement pro g ra ms and plans and sub mit
the sa me for consideration by Co uncil. If and when adopted
by Council, the Board, as directed by Council, shall set
up rules and regulations covering the administration of such
progra ms arid plans.
§6.3-~ HosEJ~lization and Lif e Insurance Benefits.
The crry-counC11 may, from time to time, authorize, by motion
or resolution, the expenditure of City funds for the payment
of premiums for life~ medical or hospitalization insurance,
or portions thereof, for all City employees, or any part
thereof, providing a sufficient sum is appropriated for the
payment therefor.
Introd uced, read in full and passed on first readin g on the
da y of ___ , 196 9 .
Published in full as a Bill for an Ordinance on the
day of , 1969.
ayor
Attest :
Cllty Cler k-Treasurer-
I, Stephen A. Lyon, do here by c e rtify t hat the a bove and
fore g oin g is a true, accurate and co mp l e te copy of a Bill for an
Ord ina nc e introduced, read in full a nd pa ssed on first readin g
o n t he day of , 19 69 . ·
Attest :
~it y Cler k-Tr e asurer
. .
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TO: Mayor Elmer Schwab a nd Members of the E ngl ewood City Council
FROM : Mr. Stanl ey H. Dial, City Manager
DATE : June 11 , 1969
SUBJECT:
Leg=al Matters:
PERSONNE L DIRECTOR
r N
CITY .)r
1,
1,...
''-( 01 Attached please find a copy of a legal opinion rendered by the City Attorney ·
at my request. It would appear that the E nglewood Cha rte r intends to place
all employees (includi ng the Personnel Director) subject to the authority of
the City Manager . This , of course, is consistent wi th the cou ~c il-manager
form of government wherein the Council holds the manager responsible for
th e a dmini strative affairs of the City . As note d in the City Attorney's
opinion , th e Charter requires that the Manager have ~:;o l e supervisory au-
thority over the municipality's e mployees.
Since past practices have no t been fully consi stent wi th present ordinances
and Charter provi sions, it is important that action be taken to bring these
practices and ordinances into agreement with the Charter.
Other Cities:
The cities of Arvada , Aurora, Boulder, Fort Collins , Greeley, Littleton
and Westminster have been surveyed and the personnel organizations re-
viewed . All these cities have the council-m anager form of government
and i n all of them the person who administers personnel matters is s ub-
ordinate to the city manager . •
Presently Pend ing Ordinance .
Having carefully analy zed the organizational and e mployee morale impact
of the possible enactment by Council of the ordinance now p e nding before
Council , I must respectfully, but emphatically, request that it not be en-
acted.
Manager's Recommendation·
Rather, I wil l present to Council in a few days a Bill for an Ordinance
which Mr . John A. Criswell, City Attorney , is now preparing. It will
provide essentially as follows :
l . The Personnel Director position, previously established
by ordinance, be continued .
2 . The Personnel Director be subject to th authority of
the City Manager .
*Th only exception is in Aurora wher the Chief Examiner is a ppointed by
the Civil Service Board to assist that Board in the administration of per-
sonn I matters relating to firemen and policemen . Even in Aurora , how-
ever, matters of wages and benefits for all employees are approved by
Council following discussionjl with the Personn el Director and the City
Manager, rather than th Civil Service Board or Chief Exam ine r .
(Continued)
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Mayor Elmer Schwab and Members of the Englewood City Council
June 11 , 1969
Page 2
Manager's Recommendation: (Continued)
3. The position of the Personnel Director be exempt
from the Career Service System.
4. The Manager is to consult with the Board of Career
Service Commissioners prior to the employment or
termination of any person as Personnel Director.
5. All duties and responsibilities of the Personnel
Director, as set forth in the present Municipal
Code , be continued, but with the following
additions:
(a) His duties in safety and in training be fur-
ther emphasized .
(b) His responsibilities in keeping information re-
grading employee wages and benefits in neighbor-
ing cities be spelled out more clearly.
(c) He shall assist the Manager in investigating
particular employee problems or complaints .
6. The Manager may cause the Personnel Director to
carry out other assignments as the Manager deems
advisable, keeping in mind that the primary responsi-
bilities of the Personnel Director shall be to admini-
ster the Career Service System and other personnel
matters of the City.
These ordinance changes are, I believe, in the best interest of the City's
employees and administration . The role of the Board of Career Service
Commissioners and the principles of the Career Service System should
be sustained and continued. In addition, they are consistent with the
Charter. I strongly urge the Council to enact the ordinance embodying
these changes.
Respectfully ,
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STANLEY H. DIAL
City Manager
SHD /ij
Att.
CC : All Me mbers of the Board of Career Service Commissioners (Local 1736)
Mr . Bobby Marshall, President, International Association of Firefighters/
Mr . Ronald Medford, President, Police Benefit Association
Mr . Ed White, President, Englewood Municipal Employees' Association
All Department Heads
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CITY ATTORNEY'S OPINION NO. 69-1 June 10, 1969
SUBJECT: Authority of City Manager over Personnel Director
QUESTION:
The City Manager has requested the opinion of this office
upon the following question:
"Under the present provisions of the Enqlewood
Charter and Municipal Code, irrespective of past
practices, to whom is the Personnel Director
directly responsible as an employee?"
OPINION:
It is the opinion of this office that the Personnel
Director, being an employee of the City, is directly
responsible to the City Manager who, pursuant to the
provisions of the City Charter, has authority to "appoint,
suspend, transfer and remove" all City employees.
D I S C US S I 0 tl : -----
In order to accurately determine to whom the Personnel
Director is legally responsible, it is necessary to review
the provisions of the City Charter relative to employees.
Section 7 of the City Charter defines an "employee"
as "any compensated person in municipal service who is not
an officer." In that same section of the Charter, an
"officer " is defined as "an elected member of the citv
government." Using these definitions, therefore, it ~an be
seen that everyone serving the City in a compensated capacity
is an "employee," except:
1. Members of City Council who are elected to their
positions (see Section 19 of the Charter), and
2. The Municipal Judge (see Section 68 of the City
Charter).
All other persons, who receive compensation from the
City for the performance of services, are "employees" and
not "officers."
This is not to say, of course, that all City employees
are appointed by, suspended by, or report to the same
individual or body.
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However, Section 52 of the Charter provides, inter alia, as follows:
"Section 52. Powers and Duties--The City Manager sha 11:
* * *
B. Appoint, suspend, transfer and remove
City employees unless otherwise provided;
* * *
G. Exercise supervision and control over all
executive and administrative departments,
includinq the authority,·with prior
approval of Council by ordinance to
establish, consolidate, or abolish
administrative departments;"
Thus the City Manager has authority over all City
employees "unless otherwise provided." The phrase, "u nless other1~ise provided," as used in this provision of the Charter,
could bear one of two meanings. It could mean either:
1. "U nless otherwise provided within the Charter" or
2. "U nless otherwise provided by Council by Ordinance."
While this proviso is not entirely clear, it is the
opinion of this office that the phrase, "unless otherwise
provided" means "unless otherwise provided by Charter ." We
have reached this conclusion for two reasons.
First, the Charter, itself, contains exceptions to the
rule that it is the City Manager who has the authority to appoint, suspend, etc., City employees.
For example, the City Attorney of the City, since he is
not elected, would be an "employee" of the City. However, he
is not appointed by the City Manaqer because Section 64 of
the Charter provides that he shall be appointed by Council.
Si milarly, any member of any board or commission of the City
who receives compensation for his services minht well be
considered to be an "employee " of the City, within the
definition of that term used in the Charter. However, various
sections of the City Charter provide for the appointment of
these individuals by Council, rather than by the City Manage r .
In view of the fact that the City Charter, itself,
provides for the appointment of persons who would fall within
the classification of "employees ,• under the Charter definition
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thereof, other than by the City M ana ~er, it would appear
that the phrase, "unless otherwise rrovided," as used in
Section 52 of the Charter was merely a recognition t hat the
Charter itself provided for the arpointment of some employees
by bodies other than the City Manaqer.
Secondly, Section 32 of the Charter reads as follo ws:
"Section 32. Po~1ers Expressly Hithheld fro m
Council--Council shall deal with the administrative
service solely and directly through the City Manager,
and neither the Council, its members nor committee
shall either dictate the appointment or direct or
interfere with the work of any officer or employee
under the City Manaaer, either pub11t1y or ~r1vately.
~ttemrted dictation, direction or interference on
the part of any member of the Council shall be deemed
misconduct, and any member of the Council found guilty
of any such act may be removed from office by a unanimous
vote of Counci 1."
This Ch a rter rrovision is rather stronoly worded and, in
clear lanqua qe, removes from the sphere of responsibility of
the Council, and places solely within the hands of the City
Manaqer, t he appointment and direction of employees, subject,
of course, to policy directions and decisions ~iven by Council
to the 11 anaqer.
If, therefore, the phrase, "unless otherwise provided,"
as used in Section 52, were construed to authorize Council
to place the authority of the Hanaqer to appoint, suspend,
etc., in the hands of another person or another body, the
underl y in g principle set forth in Section 32 of the Charter
could be violated, i.e., Council could pass an Ordinance
requirin g one, or all, City e mployees to be appointed by
so meone else.
Wh ile the phrase, "unless otherwise provided," could,
o f c o urs e , bear t h is interpretation, the proper interpretation
of an y le ~is l ative enactment depends upon the intent of the
bo dy e nactin g th e sa me and, for t h is reason, it would appear
in cons i stent to me to conclude that the same body that adopted
t he fore ~oi no p rovisions of Section 32, at the same time,
meant, by the provisions of Section 52, to qrant power to
Council to supersede the principle set forth in Section 32 .
For these two basic reasons, t herefore, it appears to me
that, if the Personnel Director is an "employee," within the
Cha r tr r definition, and if the Charter does not contain any
specific provisions for his appointment, suspension, etc., the
City l~anaaer, by virtue of the provisions of Section 52 of the
Charter, would be the official responsible for these matters.
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As to the first matter, it is my firm opinion th~t the
position of Personnel Director falls within the definition
of "e mployee ." He is in the municipal service, he is
co mp ensated, and he is not an officer. By necessity,
therefore, he must be an "e mployee."
Secondly, there is no provision of the City Charter
providinn for the appointment of the Personnel Director,
other than the provisions of Section 52.
Artice XV of the Charter is the only provision thereof
relatin 9 to the career service system. It provides, in
essence, that Council may create, by Ordinance , a board of
career service commissioners and that this board shall submit
to Council a career service system embodyinq certain principles1
as enumerated 1n Section 13B of the Charter. t owhcre within
Article XV, nor in any other provision of the Charter which
t h is offic e could find, is the position of Personnel nirecto r
mention ed , nor does any provision of t h e Charter mention his
a p point ment or suspension. Thus, since it is not "otherwise
provi ded " by Charter provision, it is t h is office's opinion
t hat t he Pe rsonnel Director's ap pointment, suspension, etc.,
is a r e s ponsi b ility of t he City Hana g er, pursuant to the
provi sio ns of t he Charter hereinabove set forth.
!!ov1, pu rsuant to Charter provisions authorizinq t h e
a~o p tio n by Council of a career service ordinance, Chapter 6
of t he Municipal Code has been adopted by Council. Section
6.6-2 of t hat Ordinance provides, in essence, that "such
e mp loy ees as are reasona bly necessary to administer the
function s of th e career service system shall be provided upon
the reco mm e nd ation of the board [referring to the board of
career service co mmissioners].
Se ction 6.7-7 (A) of the Municipal Code provides that
"the Pe r s onnel Director shall be subject to the authority
of t he c a r ee r service board, in accordance with 6.6-2 of
this c hap t e r." Since an Ordinance cannot be inconsistent with
t he prov isions o f t he City Chart e r, if these two Ordinance
provis ions me a n t ha t it is t he board of career service
co mmissione r s wh ic h appoints, suspends, re moves or transfers
the Pe r sonne l Di r ector, I would be forced to the conclusion
t ha t thes e Or d inance provisions are invalid.
on the o the r han d , it is a cardinal principle of
stat u t o r y or ordinance interpretation that if a provision can
reasona bl y bear t wo interpretations, one renderinq the same
vali d a nd on e renderin g t he sa me invalid, an interpretation
renderin g t he provision valid must be adopted.
For thi s reason an d for the further reason that it appears
to me that, irrespective of past practice, the essential intent
of these ordinance provisions support this meaning, it is my
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op1n1on that these two ordinance provisions do not place
within the hands of the board of career service commissioners
the authority to appoint any employee.
Rather,it is my view that Section 6.6-2 merely means
that the City will make available to the board such employees,
appointed by the City t1anaqer, as may be necessary to aid the
board in carrying out its functions.
Similarly, the provisions of 6.7-7 merely Mean that, in
carryin~ out the administrative duties associated with the
career service system, the Personnel Director shall take
directions fro m the board of career service co~missioners.
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For the fore g oing reasons, then, it is the opinion of this
office that the Personnel Director is directly responsible to
the City Manaoer in the same manner that all other employees,
except those for which special provisions are contained in the
Charter, are so responsible.
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A. ~:ell
Attorney
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I NTRODUCED AS A BILL BY
A f~ 0 R D Ir1 Ml C E REPEA LI NG SECT I 0 fl S 6 . 1 T H R 0 UGH .ArID I N C L U D I N G
6 .6-15, 6.7-7 THR OUG H AND I NCLUDI NG 6.7-9, 6.7-29 an d 6.7-30
OF THE !lUll IC I PAL CODE OF Til E CITY OF ENG LE HOOO , TOG ET HEr> HITH
flNY OTHE R ORD I NJI NCES IiKOf iSISTENT HERH!ITII, ll iiD AnDITI NG TO CHAPTER
6 OF THE ~lUN ICIPAL COOE OF THE CITY OF EUGLEHOOD II EH SECTIO~!S 6.1-1
THROUGH AiiO I NCLUDi nG 6.3-9 TO PRO VIDE FOR THE ESTA[)L!SHNENT AND
ADHI NISTRATIO W OF A CAREER SE RVICE SYSTEM, AND TO PR OVIDE FOR THE
APPOII/Tf~E IH OF A PE RSO NN EL DIRECTOR, RECORDI !J G SECRETARY AND OTHER
NE CE SSAR Y CLERICAL EMPLOYEES BY THE CITY MANAGER TO AID THE BOARD
OF CAREER SERV IC E COMNISSIOfiERS IN THE PERFORMANCE OF THEIR DUTIES
AND RESPOWSIBI LITIES HEREUNDER AND TO PERFORM SUCH OTHER DUTIES
AS ARE NOT I NCONSI STE NT THEREWITH.
BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. Section 6.1 throu qh and includin9 Section 6.6-15,
Secti~~throu gh and includinq Section 6.7-9, Section 6.7-29
and Section 6.7-30 of the Municipal Code of the City~ Englewood,
together with any Ordinances inconsistent with the provisions of
Section 2 hereof, are hereby repealed.
Section 2. Chapter 6 of the Municipal Code of the City of
En g lewood is hereby amended by the addition thereto of new
Sections 6.1-1 through and including 6.3-9, which shall read as
follo~1s: ~ D
"§6.1 M uniE j~.!_ &.·t/5 ·~dministration
§G. 1-1 Career Service Board. There is hereby created
a Boa~r Career Serv1ce Commissioners, hereafter referred
to as the "B oard," which said Board shall consist of three
qualified electors sy mp at hetic with the intent and purposes
set forth in Article XV of the City Charter. One member
of said E:oard shall be appointed by the Council for a term
of two years, beqinnin g June 1, 1959; one memb er for a term
of four years, beginning June 1, 1959; and one member for
a term of six years, beginning June 1, 1959. Thereafter,
each Commissioner shall be appointed for a term of six years.
Members of the Board shall hold no other appointive or
elective municipal office durino t~ ir tenure on such Board.
They s ha ll receive such compensation and/or reimbursement
for expenses as may be determined from time to time by the
Counci 1.
~6.1-2 Resp onsibili!Y of Career Service Board. The
Boa r asliaTl oe-qe nera 1lyrespoiiS1ble for the adiiiTrli strati on
of the ca r eer service system of the City of Englewood, as
the same is estab lis hed by the provisions of this Chapter 6,
and shall perform such duties as may now, or hereafter, be
i ~p osed upon them by the Charter or any ordinance. The
Board shall have the authority to adopt necessary rules
and re g ulations, not inconsistent with the provisions
of t his Chap ter 6, as may be necessary or appropriate to
ad minister said system or to carry out its responsibilities
and d uties imposed thereby.
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§6 .1-3 Personnel Director. -----
(a) The City Manager sh a ll, after consultation with
the Board, appoint, suspend, remove and transfer, an
e mployee of the City as Personnel Director who shall, for
pu r poses of Section 138 of the Charter and §6.2-1 of this
Code, be considered to be a department head.
(b) Th e Personnel Director shall give such aid and
assistance to the Board, in the performance of its
responsibilities and duties, as may be necessary, includ-
ing, without li mitation:
(1} Generally supervisin9 all other employees
designated by the City Manager to render
clerical and general office assistance to
the Board;
(2} Preparing and recommendinq to the Board
all necessary rules and reoulations to
carry out the provisions of this Chapter
6;
(3} Interpretinq and enforcing, subject to
review by the Board , all such rules and
regulations ;
(4) Assisting the appointin g authoritY
all departments of the City, and the
Board in establishinq qualifications for
positions with the City, preparing and
holding examinations and passing upon the
qualifications of applicants, establishing
eligibility lists and certifying eligible
applicants to the appointing authority
to fill vacancies;
(5) Preparin g for the approval of the Board
a position classification plan with
specifications, and revisions thereof when
necessary; performing position audits an d
recommendino to the Board the allocation
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( 7)
(B)
or reallocation of all positions to classes
l'lithin the classif;ation plan.
Establishino and maintainino a file of all
career service employees and such records,
forms and procedures as necessary to facilitate
personnel transactions.
Collectin~ personnel data, relating to wa~es,
from throughout the Denver metropolitan area,
comparing the same with the presently effect-
ive pay plan for City employees and, based
thereupon, recom mending to the Bo ard an
annual pay plan for submission to City
Council.
Perf or ming such other duties as may be
necessary to implement the career service
system.
{c) In addition, the P rsonn e l Di rector shall, under
the supervision of the Citv I i'naqe r :
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(1) Recommend and administer an employee
in-service trainin~ pro9ram;
(2) Reco nmend and administer an employee
safety prog ra m;
{3) Consult with enploy e es on matte rs relating
to employee problems or co np laints whi c h
cannot be r esolved with in any departme nt
and r eport thereupon to the City Manager;
(4) Accu mulate personnel data rclatinn to
e n ployee benefits of municipal e mployees
in t h e Denver met ro politan area and report
th e reupon bo t h to the Boa rd and to the
City N ana~e r;
(5) Carry out such other assignnents, not
inconsistent 11i th the foreqoi no, 1·1hi c h he
may be delegated, fro m ti me to ti r e, by t he
City :1anage r
§6.1-4 Reco rdinn Secretary. In accordanc e with Section
53 of -the-Charfer~ City tl anaqer shall desinn a te a
recording secretary for the Board, who shall keep a record
of all p roceedin 9s before the Boa rd.
§6 .1-5 Other Clerical Assistance. Th e City flanager
may, from fir.e-Yotl"Me-;----upQn reco 111m en da tion of the Board,
desi~nate such oth e r and further employees of the City to
aid t he Boa r d in t he performance of necessary clerical and
ge neral office wor k.
§6 .2 ~r ee r Ser vic e System
§6.2-1 r~nlica h ilitv an d Purpos e . The provisions of
§§6.2:l-th rou th -6-.2-l-shnl1be knO\'In as the "Career Service
System of t he .City of En!J lel~ood" and shall apply to all
employees of t h e City (hereinafte r called "classifi e d
e mployees") except all elective officers, a ll appo inte es
,_
of Council, all de p artnent heads, one confidenti a l secretary
in the office of t h e City Manage r, an d at t he option of any
head of a depa r t ment, Board or Co mnission , o ne confidential
secr e tary in th e office of each depa rt ne nt, ~oa rd or
Com mission. The oa r d is he re by c ha r qed wit h the adninistration
of said syste m and, in interpretinn the p rovisions he reof,
sai d Boa r d, and all other e mp loyees or officers of the City,
shall ever be coonizant of the principle that appointnent
to municipal service should be based upon qualification and
merit and that termination of such employ ment shoul d only
be for g oo d ca use .
§6 .2-2 rl on -Disc r i mination. Neither the City of Ennle vlooo-nor iany-offllcE!r-D~employee thereof, shall
discri minate a g ainst any app licant for em p loy ment, or any
e Mplo y ee, in selectin g applicants for employment or in
pro moting, laying off or terminatinq an y eMployee, based
upon th e race, creed, color or poli tical affiliation of
such applicant or employee.
§6.2-3 Job Classification Plan . The Board shall survey
the j o110Uties-incr-resp o nslb1lTtres-of eac h classified
position with the City, and shall, based upon such survey ,
assinn eac h such po sition to a jo b class , to t h P end that
all positions withi n the City which involve su h stanti a llv
the sa n e kind and level of duties and r esponsi b ilities
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shal l be assiqned to the same jo b cl hs s, sha ll be a r th e
sa me desc r ipti ve ti tl e, an d shall be su bj ec t to the same
qua li fication r equire n ent s, t he sa me test of co ~re tence
and the sa me pay g r ade. The i niti al classification p lan
shall be r e v ised by t he Boa r d from ti me to ti~e as chanqi n g
con d itions r equi r e, upon recom mendatio n of t he anr oint in o
authority. Such r e v isions nay consist of t he a dd ition ,
abolish men t, consolidation, division , or a mendment of
existin~ classes.
~§_._~:i Em_pJ _oy_fll .ent ?_tan_d_ards. The eli oi t-ilitv o f
app lic ants for o r i ()inal e mp oy me nt shall be det ermined
by o pen, free an d competitive exa mi nations as to fi t nes s
for emplo ymen t commensurate wi t h the classification of
the position . Eli gihility lists for eac h class a~
he r einafte r defi ned shall be s e t up in t he orde r of final
scores, includino ve teran's prefe r enc e cr edits , b ut in no
e vent shal l a vete ran's p ref e r e nc e be credite d to the
score of an applicant who fails in an exa mination without
such cre d it.
§~~ P r oE_a_!jon_!l_!'~ ~_Q_r_~nt m en_!.. ·'h enever a vacant
position 1s to be filled , the top th r ee names on the
pr ope r eliqibility list s ha ll b e su bm itt ed to t he appoint-
in g authority for t he selectio n of one applicant t o serve
a pr o bationa r y pe riod of not les s t han six mon ths no r
more t h an one yea r. The oriqinal pro bationary per iod
shall be fixed by the Board. Such initial p ro b ationary
period may be exten ded by the sai d Board onl y u pon written
r eque st from the a p pointinn aut ho r ity statino t he reasons
for such re q uest. At any time du ri nq t h e probationa ry
period, the emplo yee may be dis ~isse d or r etu rne d to his
former status by t he appointin n authority with the approval
of t he Board. After satisf act ory co~pletion of t he pro-
ba tio na r y perio d , t he employee shall be g iven pe r ma nent
status. Pendinn the establis h~e nt of an a pli c ab le elini-
b ility l ist , te mp orary appoint ~en ts may b e made by the
appointin g authority wi th the a p prov a l of the Board.
~6 .2 -6 Promotions. Competitive exa n inations for
positions-ab ove-the-entrance level shall be open to ot he r
City employee s, and t he fi nal sco r e of ea c h applicant shall
incl ude app ropriate con siderations of t he appl ic an t's
qualific ations, recor d of perfo r man ce, a nd seniority wit h
the City , and shall incl11de t ile ve teran's ~reference credit.
The reclassificati on of a position occupied by a permanent
employee shall not be considere d as a p ro n ation.
§6 .2 -7 S t a t~ Qf Present Employees. Eac h present full
ti me r equ ar employee of t he City wh o had on De ce mbe r 1 9 ,
1 959 , at l ea st one year's satisfactory emp loyment , ex c ep t
t hose ex cluded fro m th e career service s y st em , s ha ll be
consi ~ere d as ha vi nn per manent status wit hout furt ~er
exa ll'ination
§€.2-B Tenu r e. The tenure of every e n plo y ee after
!]a ini nf! pe r ma nentstatus sha ll be co nditioned on ooo
behavio r a n d t h e satisfacto r y performa nce of h is du ties .
A sto ned notice of resion ati on or retire ment nav be wit h -
d ra wn by the si qne r at ~ny ti me within three d a ~s f o llo wing
t he effec tive date in dicated in the notice. An employee may
be te mpo rarily sepa r ated fro m employ ment by layoff or leave
of absence or suspension, or he nay be d e moted to a lowe r
cl ass ification, o r he may be pe r manently se n ratc d by
di s missal, any or all u pon di r ective of t he appointinn
aut hority and with conditions as hereinafter r r ovi dr~ f o r
in t his chapter .
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§6 . 2-9 La voff. !!he ne ver t he r e is 1 ack of ~to r i: or 1 ack
of fun ds-req u1~re d uctions in the number of e mployees ,
the arpointin~ authority s ha ll desinnat e the oro anization
unit and classes in which t he layoff is to be made. Upon
such determination, t he requir ed nu mb er of ennlo vees in the
~ffected unit and class s h all be placed on a r e-employnen t
list or tr an sferred by the a pp ointinq auth o rity , each in the
order of his relative lenqth and quality of service as shown
by the personnel r e cords, with t he approval of t he Ooard.
§6 .2-1 0 Pe-~~vm~~·
(a) Any pe rmanent employee in a classifie d position
and while in qo od standinq, and upon reco mme nd ation of the
appointino authority and approval by the Coar d , may for
specific purposes be qranted a leave of absence without pay
for a period not to exceed two years. Immediately after such
g r ant, he shall be rlaced on a re-employment list for his
classification.
(b) For a period not to exceed t wo years after accept-
in g an appointmen t fro m a classified position to an unclassified
position in the city service, an employee s~all be placed and
continued on the re-employment list for his classification.
(c) Whe never a vacancy within any classification shall
occur, the position shall be offered first to any pe rson who
is on the re-employment list for such classification by
virtue of parag raph (b) of this section, a nd if not accepted
by him, th e position shall be offered to any ot h er perso ns
on the re-e mp loyment list for such classification in the order
of their placement on the list.
(d) Former e mp loye es of the cl a ssifie d service who
resi qn from permanent status while in go od standinn nay mak e
written application for re-e mployment in hi s p revious
classification within two years of the date of resignation
under the following conditions: ·
(1) Hritten application must be received by the
City prior to the expiration of t wo y ears
from the date of resi gnation;
(2) The department head and the appointino
authority shall make such reco mmendations
to the Ooard for re-employnent as in their
di scretion they deem appropriate ;
(3) The applicant must possess special
qua lifications for the position, or nak e
a showinq t hat his or her re-e mp loy ment
would ma terially b enefit the City; a nd
(4) Re -e mp loy ment shall be made the reaft e r o n ly
wit h t he approval of the Board after such
examination and other conditions as the
noard deens necessary .
.!_6.2-_lJ_ Q.~c j_pJ_i~_!X Action an d Appea ls.
(a) Any enployee ha vi ng permanent status may be
d is n issed, demoted or s u spen de d by t he appointinq authority
upon fi 1 i no 11 i t h th e Ooa r d an d servi n11 pe rs ona 11 v o r hy
c e r tified Ma il add resse d t o h is l a st kno11n rec o r d a(l cl rt ss
upon the e ~p lo ye e a written st atene nt of th e c~use for such
a ction, wh ic h cause s h~ll r elate to t 'te pe rforrtance of du ties,
personal conduct, or any factors detrimental to the Cl ty.
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(b ) \l it h in three 1·1o r k i no days aft e r the r e c e i nt of the
a for esa i rl state ne nt, t he Boar d s ha ll notify t i.e e n p lovee by
certifi ed ma il of h is ri~ht to fil e a writ en r ep l y wit h
the Roard.
(c) If t he enploy c e fails to file with the Boa r d such
a \'lr i tt en r ep 1 y l'li t h i n f i v e 11 or k i n '1 days a f t e r n a i 1 i n n of
t he Roard 's notice of his riqht to do so, t he action of the
appointin" a u thority shall be final, a nd in t he case of
d is 111 issal, the Boar d shall declare the rosi t ion vacant.
(d) If t he emrloyee files suc h written r eply with the
Board wit h in t he said time li mit, t he Boar d shall set a
he arino to be held ~Jithin thirty days of t he filin n of such
r ep l y . At said hearin g the e 111pl oyee shall be entitl ed to
r ep r e sentation of his 0 ~10 choosin ~ at his o11n 0xnense.
(e) Th e Boa r d , in t he conduct of a h e a r ina , n ay
r eq uire any empl oyee of the City to testify and may re qu ire
any City officer to present pertinent records of his office.
(f) Within five workinn days of the conclusion of
said he arino, the Board sha ll nake its findin'ls a matter of
record affirming, modifyinn or reversion the action of the
a p poi n t i no author i t y . The ap r o i n t i n '1 author i t .v s h a 11
immediately execute t he fin d inqs of the Boa rd.
§6 .3 Co_!!Jy_eil._S2_tj_p_!l_ of Employees.
§6 .3-1 Salaries of Council Aono inte es . The City Manaqer,
the r'l unlclpa l -:fu.ciq-e·, -the f.f unl cirial"-rot.i_r _t-ne r k , the City
Attorney an d t he Assistant City Attorney sh a ll rec e ive such
an nual salaries as shall be fixed by the Counci l fro m ti Me
to ti me by n otion or resolution; paya b le in equal se n t-
monthly install ments. The City Attorney, Assistant City
Attorney or At torneys, special counsel and special water
consultant shall r eceive such ot he r and furt her comnensation
fro M ti me to ti me for special services as the City Council
may deter mine and allo w.
§6.3-2 Salaries for rl on-Classified Emnloyees. The
monthry-53Ta r ~~wage-rD r each non-classified e n rloyee
shall be established by the City rlanaqe r anrl shall be
refl ected in prore r form in t h e annual budqe t. In establish-
; n 9 s u c h sa 1 a r i e s or ~~a f1 e s , the C i t y tl a n a q e r shall o i v e
consi d eration to the necessary qu alifications, duties and
responsibilities of each position for whi c h he establishes
such a salary or wa~e and shall attenpt, insofar as possible,
to make such salary or waqe consistent with the salary or
waqe established for similar positions within the classified
service.
!§.3-3 ?~lEries for Classifie d Emp lo yees .
(a) The Bo a rd shall annually befo re lay 1st reco mm end
II -
for approval by Council, in whole or i n pa rt, a pay plan of
su fficient l'j rades and ran1es so as to re flect fairly t he
dif ferences in lhe duties, responsi bilities a nd qualifi cation
r equ ir emen ts bet11een classes. All classes in t he classification
pla n shall be assi gned to proper l'jrades in t he pav plan with
du e re gard to depa rt me ntal or gani zatio n. The p lan reco Mm ended
by the Boa r d to Council sha ll inclu de a for n ula for oav
increases wit h in ran 'ltS of t he pay rlan on h e basis of
1 nqt h an d quality of service.
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(b) Upon receipt of t he sa me by Council, Counc il
shall consider t he sa me an d shall fi n all y ad o p t a pa y plan
for t h e next ensuing fiscal ye ar by written resol u tion,
utilizin0 th e ~rad~s and schedules set fort h in 8 6 .3-5.
(c) {1) Effective on and after Decem ber 1, 1968,
th e classifi ed positions of t he Po lice
Department are here by reclassified
wi th in the salary and wa g e sched u le set
forth in Section 6.3-4 of this Chap ter
as fo 11 ovts :
.~
Gradca and
Progression
Patrolman, 'th class
Patrolman, jrd class
Patrolman, 2nd class
Patrolman, lst class
Detective
sergeant
Lieutenant
Captain
Assistant Chief c . .. '
Subject to the prov1s1ons of §6.7-3 1, the
rank of each Patrolman presently employed
in the Department as well as the rank of ~ach Patrol man who in the future may join
the Department shall hencefort h e determined
by his period of service in the Department
as follo ws:
Period of Service n ank
0 to 12 mo. Patrolman, 4t h Class
12 to 24 mo. Patrol man, 3rd Class
24 to 36 mo. Patro l man, 2nd Cl a ss
36 mo. or more Patrolman, 1st Cla ss
The rank of the remaininq employee s of t he
Department will continue to be determined
as set forth elsewhere in this Co de.
§G.3-4 Sa_l_a_!t._and H age .~edule. _The follol'lino ta b le
is adopted for use 10Cfeterm1n1n~ar1es an d 11ages for
classified e mp lo ye es , u pon an equitable basis, pursuant to
t he provisions of Section 6.3-3 of this cha pter .
. GRADE lA B .. ·_c ·o . 'E "i' --
l
2
3'
4
5
6
7
8
9
lO .
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..
...
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:
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$205 $215
• • 2~5 226
.226 237
.· 237 . 249
249 .. ·. 261 .....
261
274
·288
302
317
. ~·1 ·274
288
302
317
'333
...
$226 . $237 ..
'237 249
24!)
~ ·'·. 261
261 274
274 288
288 302
302 . 317
317 .. 333
'333 350 .
350 367
-7-
$249 $261
26 l 274
274 288
288 302
302 317
317 333
333 350
350 367
367 386
386 405
21 A
21 D
21 F
22 F
24 F
25 F
26 ' F
27 F
29 p
t
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11 333 350 367 386 405 425 L.
12 350 367 386 405 425 4<.7
386 405 425 447 469
13 367 .·· ...
. 1 4 386 405 425 44 7 4 69 . 492
l S 405 425 447 469 ·492 517
'.,
l6 425 447 469 492 5,17 543 ,·
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17 $447 $469 .' $4?2 '$Sl7 : '$S43 •• !o"JO
·····
1 8 469 ,. J 492 .:. '517 543 570 598
'.. . ,.
492 '.' 517 . 543 ·. 570 '598 628 '
19 .:.'
,20 517 ·543 .570 598 628 660
21 543 '•. 570 598 628 660 693
:"::.
. .. . ..
. ~60 693
,•
. '.727
22 ; ... "·: .. 570 598 628 . · ... , .. :· .. ·
.. .... ~:;. 693 727 764 :..,.
23
. '. 598 628 660 . . .· . . ' .,-::.
24 ... ·.· · .... 628 660 693 727 764 . .. 802
.. . . '• · .. . ... .'l
.. . 7~7 802 842 ,:· ' .
.25 '. 660 693 . 764 '
.~ •' ... . ..
764 . 802 842 884 J ....
I
26 .. 693 727
27 727 .. 764 802 842 ·. 884 . 928 ,,
'28 ·764 802 . 842 '884 928 975
2~ 802 842 884 i '28 .975 . 1023,
§6.3-5 Lon ~e~ Co~en sation . ---
(a) In addition to t he monthly s a la r ie s or wages
estab l ished pursuant to t he provisions o f Se c tions 6.3 -1,
6.3-2 and 6.3-3, each employee of the City, whethe r or not
. .. . ' . . .
he is in the classified service, who qua l ifie s therefor,
shall receive ad~itional annual compensa ti on i n the form of
longevity compensation, which co mpensat io n s hall be paid to
each e mployee once annually on or about t He 1st day of Decemb er
of each year. The am o unt of such co mpe ns ation sh a ll be based
upon t he nu mber of years o f continuous s erv i ce with the City
a nd shall be derived f r om the fo l bwin g s c hedule:
Total Co~pleted Years o f
Continuous Service· · Amount of Compensation
0 -4
S -9
None
$120, exc ept for those ern?loyees
wh o hav e not completed six full
years of continuous servica on
December lst o f any year, which
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15-19
20 or more
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employees shall receive an
amount equal to $10 for each full
month of completed continuous
service, after completion of
five years of continuous service,
up to December l.
$240, except for those c~ployees
who have not completed eleven full
years of continuous service on
December lst of any year, \~hich
employees shall receive $120, plus
an amount equal to $10 ~or each full
month of completed continuous service,
after completion of ten ye"rs of
continuous service, up to Decem~er 1.
$360, except for those E::mployees
who have not comple ·t:.ed sixteen full
years of continuous service on
December lst of any year, \~hich
employee shall receive $240, plus an
amount equal to $10 for each full
month of completed "continuous service,
a.:ter completion of fifteen years of
continuous service, up to December l.
$480,.-except for those employees
who have not completed twenty-one full
years of continuous service on
December 1st of ·any year, which
employee shall receive $360, plus
an amount equal to $10 ~or each ~ull
month of completed continuous service,
after completion of tw~~ty years of
continuous service, up to December l&t.;
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pr ov i ded, ho we ve r , t hat t he l on~e v ity c omp e n s a ti o n to be pa i d
on o r a bou t De ce nhe r 1, 1 9GC , s ha ll he ra i d on l v f r on na r ch 1,
1 9 6 3 , a nd s u ch co mpe n s a ti on sh a ll be p ro-r aterl f r nn t ha t d ate
us in n monthly i ncre ments o f $10 , $20 , $30 and S40 , r espectively .
(b ) Fo r pu r poses of d ete r min i nn t he a~o u nt of lonnevity
co mp ensation due a ny e mp loyee , any e mp lo y e e wh o shall ha ve
actually co mn enc e d h is e mp l oy me n t wit h t he Ci t y on t he fi r st
th r ou n h fif t eenth day s o f a ny mo nth sh all be c on si dered a s
havin n co mm en c ed his e mp lo yme nt on t he fir st day of t hat mon th
and any e mp l oyee t·!f1 o s ha ll ha ve a c t ually c omm ence d h i s emp loy-
n ent with the City o n t he si x teenth o r su ~seauent dav o f th e
n ont h s ha ll be co n si de red as hav ina co mm e nc e d his e mpl oyment
on t he fir s t day o f t he succeed ina month .
(c) tl o e mpl oyee sha ll be entitle d to receiv e a ny
l onnevity co mpen s a tio n or a ny po r tion the r e of trh en his e np l oy -
mc nt with th e Ci t y is termina ted p r ior t o t he firs t da y o f
Dec em ber of any ye ar (exce p t t hos e en lo y ees wh o s e te r min ations
re su lt frn n t heir r e tire ment in acc o r dan c e with Secti o n 6.3 -8 ,
provi ded, hot·re ver , that any e mp loyee vdoose e mp lo ym en t i s
ter min a ted because of a re d uction i n f o rc e, or who niv e s no t
less t han t h irty (3 0 ) days written not i ce o f h is terwin a tio n ,
or whose termination (not bein ~ a disc har ge for cause) is d ue
to circu mstances beyond his control may, not more t han thirty
(30) days subsequent to such termination, petition the Board
to authorize t he payment to hi m of a pro-rata portion of t he
lonqevity compensation for that year. The Board shall consider
t he circumstances of each employee filin~ such petition, shall
dete rm i ne whether the payment to suc h e mp loy ee would tend to
re move fro m other employees the i ncentive to maintain continuous
e mp loym ent with the City, and s hall e nter its decision either
~rantin g , or denyin g , to suc h e mploy ee t he rio h t to receive
a p ro rata portion of h is lon gevity co mpe nsation for t hat y ear.
All pay me nts of any lon ~evity co mpensation to suc h e mploy ees
s h all be base d upon th e sc hedule contained in Sect i on 6 .3-5 (a)
and s hall be p ro rated, based upon t h e n umber of month s of
co n ti nuous service by t he e mploy ee to t he d ate o f ter min a ti on.
§6 .3 -6 Co mpensation fl ot to Exceed ~o p riat io ns.
n ot h in g con taTrie d-~ri11iTi1 §b.J-lth rou g h ~3-=1> s h a 1 1 be
constru ed to aut ho rize the payment of any wane or salary wh ic h
wo u l d result in expenditures in excess of a p pro p riations t herefor.
§6 .3 -7 Soc i al Se c u rity. The City Co u ncil ha s her e tofore
by Ord1nance and-a g ree mE!nr-exten d e d th e ben e fits o f Ol d Aoe
an d Su r vi vo r 's Ins u rance t o all officers a nd e mp loy ees o f t he
Ci t y ex c ep t t hose in t he police and fire de pa rt ments. The
p r o pe r of fic e rs of t he City are he re by a u t h orized t o continue
ma k i nn pay roll de d uctions fro m s a laries, an d to ma ke t h e
r e q ui r e d pa y men ts by t he City, and to do all other t h in gs
ne ce s s a r y to c o ntinu e t he cov e r a ae of t h e sai d offic e rs and
e np l oyees o f t he City in th e sai d Old Aae and Survivor's
Insur an c e Pr og ra m.
§6.3 -8 R etj r e~~ ~Emp lo yee s •
(a) (1) Al l f u ll -t i me , pe r ma nent e mp lo y ees of t h e
Ci t y , wh ose e mp loy n ent is g o verne d by t h e
p r o v i si ons of t he Ca r ee r Se rv ice Or d inanc es
s h all he re t ir ed upon r eac h i n ~ t h e a q e of
s i xty -fi ve (65) yea r s ; p ro v i ded , ho11 eve r ,
t ha t , u pon r eq unst t ~e r c fo r f ro n a nv su ch
e ~ployec, and b y r ea ~o n of s pecia l o r
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unique conditions, or special qualifications,
t he Ci ty 4anaqer ~~Y extend the retir em ent
da t e of an y such employee, from ti me to ti me,
p rovi d in 9 n o sin~le extension ther e of sh a ll
be lon ~er t han one year; and, providinq f urther,
t h at no suc h extension s hall be or a nt e d to
an y e mploy ee who has reached sP.venty (7 0 )
years of aqe.
(2) The effective date of retirement un der the
provisions of §6.3-8 (a) (1) hereof shall be
th e last da y of the first full month following
the month in which such e mplo y ee reac hes the
aqe of sixty-five (65) years, or in the case
of any extensions of retire ment a"e, the date
on which the extension expires.
(b) The Board shall continue to investioate and consider
furt he r and other retirement pro~rams and plans and su bm it
the sa me for consideration by Council. If and when adopted
by Council, the Board, as directed by Council, shall set
u p rules and re g ulations covering the administration of such
pro g ra ms arid plans.
§6.3-9 Hos£jtalization and Life Insurance Benefits.
The City CounC11 may:-l'rom time-to-time, authorize, by motion
or resolution, the expenditure of City funds for the payment
of premiums for life, medical or hospitalization insurance,
or portions thereof, for all City employees, or any part
thereof, providing a sufficient sum is appropriated for the
payment therefor.
Introduc~;p read in full and passed on first reading on the
day of ~~~ 1969.
Pub~ished in full as a Bill for an Ordinance on the ~~
of ur-zuu ·' 1969.
Mayor
Attest :
I, Stephen A. Lyon, do hereby certify that the a bove and
foregoing is a true, accurate and complete copy of a Bill for an
Ordinance introduced , read in full and passe d on first readin g
on the /? day of jPa n,.;.;..~ , 1969 •
Attest :
/s/ ~~n C. £fo~v
City ~Treasure ?/
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TO :
FROM :
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INTER-OFFICE
MEMORANDUM
Stanley H. Dial, City Manager DATf : June 16, 1969
Stephen A . Lyon, Director of Finance
Charles B . Carroll, Jr ., Di rector of Utilities
SUIJECT : Sanitary Sew er Extension No . 85
Sealed bids were opened June 13 , 1969 for the installing of 242 lineal
feet of 8" clay pipe and two manholes on University Boulevard .
A summation of bids submitted is as follows:
Company
J -Ma rk Construction Co.
Southway Con struction Co .
Jones & Hezlep Co.
Munro & Co.
Pascal Con struction Co .
The eng i neer's estimate is $2,200.00.
Bid
Sufficient funds are budgeted to cover this project.
Recommend the low bid from Munro & Company of Ar vada, Colorado be
awarded the contract for $2,966.34 .
c<lff./~~11¢
Director of Utilities
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WINSLOW CONSTRUCTION COMPANY
EXCAVATING AND HAULING CONTRACTORS
781 -5535 3002 South Huron StrMI
City of En~lew ood
)400 South Ela 1
Englewood, Colordo 8 0 110
ENGLEWOOD, COLOIIAOO 80110
J une 1), 1969
Re: Clean up of pro pe rty at 2)00 South TeJon
Attention: Y.r. Kells Wa~goner, City Engineer
Gentlemen :
We propose to furnish all eq u ipment and labor necessary to clean up
sub j ect pro j ect. It is u n derstood that certain articles, materials,
and equipment of value as desi~ted will remain on site. All
salvage is to be possessed by the Winslow Construction Company 1f
we are the successful contract ors.
Lum p Sum for above work 39.)00.00
Very truly yours,
WI!:SL<):-1 C0 :1:STRU CTIO ~ COMPANY
MAW/cw
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24 HOUR EMERGENCY WRICIER SERVICE
Phone : 789-2595 -28l0 South Eloti Su .. t
!DQlewood, Colar.do 80110
June 16, 1 969
I'TY 0
City of Enele'-O<rl
E~l ewood , ColorAdo 80110
c
C I TY
Gen t.l emen:
Bob's Auto Service, Inc. would be oleased to submit
a bid of $1 0 ,500.00 to clean up the Kingsl ey Pr0 pe rty,
Sincerely,
,_
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FROM :
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INTER-OFFICE
MEMORANDUM
Stanley H. Dial, City Manager DATE :
Kells Waggoner, Director of Public Wor k s
Stephen A. Lyon, Director of Finance
June
SUBJECT : Chain Link Fence for Veh i cle Storage Lot
Sealed bids were opened June 16, 1969 for installation of 1647 lineal feet
of 7 ' O.A. cha in link fence wi th 25 foot double dri ve gate at the pro-
posed veh icle storage lot.
A summation of bids is as fol lows :
Com pany
Cap itol Fence Company
Crest Fence Company
Elcar Fence Company
Net Bid
1
4 ,677 .00
4,5 15 .00
4 ,252 .00
No engineer's esti mate on th i s project was made.
Funds were not budgeted for this project .
The erecti on of fence must be completed pri or to assembling of abandoned
vehjcles for d i spos i tion per City ordinance.
Rec ommend the l ow b i d of Elcar Fence Company of $4 ,252 .00 be accepted .
s ~4(~.
Director of Finance
• •
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INTER ..OFFICE
MEMORANDUM
TO : Stanley H. Dial, City Manager DATE :
FROM : Kells Waggoner, Director of Public Work s
Stephen A. Lyon, Director of Finance
SUBJECT : Chain Link Fence for Veh icle Storage Lot
Sealed bids were opened June 16, 1969 for installation of 1647 lineal feet
of 7 ' O.A. chain link fence wi th 25 foot double drive gate at the pro-
posed vehicle storage lot .
A s ummation of bids is as fol l ows:
Company .
Capitol Fence Company
Cre st Fence Company
Elcar Fence Comp any
Net Bid
1
4,677 .00
4,515.00
4,252 .00
No engineer's estimate on this project was made.
Funds were not budgeted for this project.
The erection of fence must be completed prior to assembling of abandoned
vehicles for d isposition per City ordinance.
Recommend the low b id of Elcar Fence Company of $4,252.00 be accepted .
z!:,'",.i_, ~
LL.SW AGGONER
Director of Public Works
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