HomeMy WebLinkAbout1969-10-06 (Regular) Meeting Agenda Packet-•
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October 6, 1969 -Regular City
Council Meeting
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AGENDA FOR
REGULAR COUNCIL SESSION
OCTOBER 6, 1969
8:00 P.M. Call to order, invocation by the Rev. Herbert Hosanna of the
Mayflower Congregational Church, pledge of allegiance led
b y Boy Scout Troop No. 333, and roll call.
1. Minutes .
• (a) Regular meeting of September 15, 1969. (Copies trans-
mitted herewith.)
(b) Special meeting of September 29, 1969. (Copies trans-
mitted herewith.)
2. Pre-scheduled citizens and visitors.
(a) Recognition of "special guests" of the Council.
(b) Mr. Dave Nichol, architect for Ken R. White Company,
and Mr. Rob Roy, Rob Roy Construction Company, will
be present to discuss the Servicenter.
(c) Mr. Robert Byerly, Byerly-McClurg insurance consult-
ants, and Mr. John Murphy, Personnel Director, will
be present to discuss the status of the 1970 group health-
surgical plan.
(d) Mr. M. M. Summers will be present to discuss limiting
the sale of 3. 2 beer to week days.
(e) Mr. Ed Cartwright, Hampden West, will be present to
discuss the liquor occupation tax.
3. Communications.
L· (a) Memorandum from Mr. Kells Waggoner, Public Works
Director, regarding storm drainage costs for the 3100
block South Elati Street-South Fox Street alley. (Copies
transmitted herewith.)
~) Memorandum from Chief Jack Clasby, Police Chief, re-
garding police calls to the lAlcky Lady Club. (Copies
transmitted herewith. )
t(cf Letter from Mr. E. N. Haase, District Engineer for the
State Highway Department, regarding 1970-1971 highway
projects. (Copies transmitted herewith.)
d) Memorandum from Mr. E. P. Romans, Parks and
Recreation Director, regarding the National Parks and
Recreation Congress in Chicago. (Copies transmitted
herewith.)
L (e) Memorandum from Mrs. Bernice Bates, Court Clerk,
regarding the N. A. C. A. conference in Alburquerque.
(Copies transmitted herewith. )
!/('f) Minutes of the Board of Career Service Commissioners
meeting of September 18, 1969. (Copies transmitted
herewith.)
1 (g) Minutes of the Planning and Zoning Commission meeting
of September 3, 1969. (Copies transmitted herewith.)
(Continued)
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AGENDA FOR REGULAR COUNCIL SESSION
OCTOBER 6, 1969
Page 2
3. Communications. (Continued)
1 (h) Minutes of the Public Library Board meeting of
September 9, 1969. (Copie s transmitted herewith.)
1 (i) Resolution of the Planning a nd Zoning Commission
r ecommending the Western Alignment of the Colum-
bine Freeway. (Copies transmitted herewith.)
l (j ~ Memor a ndum from the Planning and Zoning Com-
mission regarding litigation with Kingsley and Potts.
(Copies transmitted herewith.)
c ~ Minutes of the Board of Adjustment and Appeals
meeting of August 20, 1969. (Copies transmitted
herewith.)
Ltr} Minutes of the Water and Sewer Board meeting of
September 16, 1969. (Copies transmitted herewith.)
(1) Memorandum recommending an agreement
in principle to enter into a connector's
a greement with Country Homes Sanitation
District. (Copies transmitted herewith.)
(2) Memorandum recommending &lpplement
No. 16 with Valley Sanitation District.
(Copies transmitted herewith. )
(3) Memorandum recommending authorization
for the execution of a quit claim for a
portion of State Highway No. 31 in favor of
the State Highway Department. (Copies
transmitted herewith. )
t'-(m} Memerantlum frem Mr. ~ltert Mack, Assistant
City Manacer, recartlinc •utch Elm tlisease.
(Copies transmitted herewith. )
4. City Attorney .
(a) Ordinance on final reading establishing procedures
for determining election judge salaries. (Copies
previously transmitted.)
~) Resolution establishing election judge salaries.
(Copie s transmitted herewith.)
l-c) Report regarding the Kingsley litigation. (Copies
tran smitted herewith. )
(d) Attorney's choice .
5 . City Manager •
(a) Report regardin g plans for initiating two-way
traffic on Hampden Avenue and providing for a
left turn at South Bannock Street and U.s. 285.
(b) Report regardi ng the le ft hand turn pockets in-
stalled on South Broadway.
(Continued) I • •
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AGENDA FOR REGULAR COUNCIL SESSION
OCTOBER 6, 1969
Page 3
5. City Manager. (Continued)
(c) status report regarding non-emergency employee
pension program for 1970.
(d) Request for a motion authorizing the City tore-
ceive a right-of-way title on South Santa Fe Lane
under certain conditions.
(e) Manager's choice.
6. Recognition of non-scheduled citizens and visitors.
7. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
8. Adjournment.
STANLEY H. DIAL
City Manager
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c,\-0 INTRODUtt'o AS ~"'~LL BY COUN CILMAN 2~b-'7? ;k ;; 2-c,O
,v...lv· BY AUT HORITY
-~ v'-'-' ORDINAN CE NO . ,-3•) , SERIES OF 1969 o·--. <v'' ---c o" 0-{.
C AN ORDINANCE REPEALING §3.8 OF THE MUNICIPAL CODE OF THE CITY
OF ENGLEWOOD, AND RE -E NA CTING THE SAME WITH AME NDMENTS, TO
AUTH ORIZE CIT Y COUNCIL, BY MOTION OR RESOLUTION, TO ESTABLISH
COMPE NSATI ON FOR JUDGES SERVING AT GENERAL AND SPECIAL MU NICI PAL
ELECTI ON S AND DECLARING AN EMERGEN CY.
BE I T ORDAINED BY THE CIT Y COUN CIL OF THE CI TY OF E NGLE WOOD,
COLORA DO , as follows :
Section l. §3.8 of the Munic i pal Code of the City of Engle -
wood is hereby re pealed and re -enacted to read as follows:
"§3.8 Pay of Election Jud!es. -Judges of the
municipa l elections shall rece ve such compensation
for their services as City Council shall, f rom time
to time, establish by motion or resolution. Th e
j udge s of each precinct shall select one o f their
n umber to deliver the precinct's election returns
in accordance with law, and that judge shall re-
ceive an additional sum ~ $l l~ for the per formance
of such service."
Section 2. In view of the imminency of a general municipal
election and the urgent need to revise election judges' compen-
sation, City Council hereby declares that an emergency exists
necessitating the immediate enactment of this ordinance to p re-
serve the public health, safety and welfare, by reason of which
this ordinance s hall become effective immediately upon its final
pas sag e.
Introduced, read in full and passed on first reading on the
/?elk da y of September, 1969 .
Read by title and passed on fina l reading on the ~ day
of cJ=.-fi,,d.e .. '-· ~·
Published ~2-Zas Ord:i.,nance No . ::5.:_;-, Series of
1969, on the ~ day of b;/.?2./.<, , 1969.
I , Stephen A. Lyon, do hereby certify that the above and
fore g oing is a true , accurate and complete copy of an rdinance
passed on final reading and publishe d b~e as Ordinance No .
3':> , Series of 1969 . ~ c rJya.LL
Attest ,~
r -reas
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AGENDA FOR REGULAR COUNCIL SESSION
OCTOBER 6, 1969
Page 3
5. City Manager. (Continued)
(c) Status report regarding non-emergency employee
pension program for 1970.
(d) Request for a motion authorizing the City to re-
ceive a right-of-way title on South Santa Fe Lane
under certain c onditions.
(e) Manager's choice.
6 . Recognition of non-scheduled citizens and visitors.
7. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
8. Adjournment.
STANLEY H. DIAL
City Manager
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COUNCI L CHAMBERS
CITY OF ENGLEWOOD , COLO RADO
OCTOBE R 6, 1969
REGULAR MEETING:
The city counc i l of the City of Englewood, Arapahoe
county, Colorado , met in regular session on October 6, 1969 at
8:1 5 P .M.
Mayor S chwab, presiding, called the meeting to order.
The invocation was given by Reverend Herbert Hosanna
of the Mayflower congregat ional Church. Pl edge of Allegiance
was l e d b y Bo y Scout Troop No. 333.
The Ma yor 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 decl a red a quorum present.
Also present were: City Manager Di al ,
Assistant City Ma nager Mack ,
City Attorn ey Criswe l l ,
City Clerk Lyo n.
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COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 1 5 , 1969 AND
THE SPECIAL MEETING OF SEPTEMBER 29, 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 Ma yor decl ared the motion c a rried .
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Ma yo r Schwab recognized Mr . and Mrs. Dean Karr, 3190
South High Street, from the list of "Speci al Citizen Program
Invitees ."
Mr. Karr stated that Police Officer Larry Leyden should
b e commended for the recognition he g ave a Lowry airman who
ass isted Mr. Leyden in the investigation of an accident. Mr.
Ka r r stated th at this act of appreci a tion should be particularly
cited a s it involved a city emp loyee and a citizen.
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Mr. John Murph y , P e rsonnel Direc tor, appeared before
city council and introduced Mr. Robert Bye rly, Byerly-McClurg
Insurance Consult an ts . Mr. Byerly indicated that specifications
had b een prepared for the bidd ing of the City's he alth i nsurance
and life i nsurance fringe benefit package. He indicated that the I • •
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maximum benefit on t he life insurance would be raised from
$8 ,000 benefit to $11,000 ben efit and that the health insurance
would be bid in a package comparable to the current coverage of
Blue Cross -Blue Shield. The tent a tive date for receipt of
bids was set for November l, 1969. Mr . Byerly estimated that
the total cost to the City for the health and life insurance
would be $42,000 and $15 ,000 respectively .
City Council discussed the specifications with
Mr. Byerly .
City Manager Dial stated that the City of Englewood
now participates in group life insurance at roughly one-half
the total c ost to the employee and that the City Council had
discussed the poss i bility of absorbing the full cost . Mr .
Dial stated that Mr. Byerly had recommend e d that the City
Council should decide prior to the issuance of specifications
whether it wished to carry the full cost of the life insurance
program . This would probably result in a lower cost .
It was the consensus of City Council that the City
be given an alternate in the specifications of a) paying all
group and life insurance premiums; b) paying under its present
schedule; c) th at the specifications be designed to give the
bidder the option of bidding a health and life i nsurance combi-
nation, a he a lth insurance only, and a life insurance only;
d) that no bidder be disqualified if he c anno t bid on all
three above combinations.
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Mr . M. M. Summers, 3140 South Delaware, appeared
before City Council and requested that the City of Englewood
ban the sale of 3.2 beer on Sundays. Mr. Summers stated
th at on weekdays and Saturdays children between the ages of
18 and 21 were busy and working. However , on Sundays they had
no JOb and would be drinking beer. Mr. Summers stated th at
he City of Greeley presently does this and that this ban has
been tested in the Supreme Court. Mr. Summers concluded his
remarks by a ddressing himself to the question of whether 3 .2
beer is intoxicating.
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Mr. Ed Cartwright, 3517 South Elati, appeared before
City Council . Mr . Cartwright asked the Englewood C ity Council
to reconsider the business a nd occupational tax placed upon
liquor establishment s. Mr. Cartwright submitted the following
peti ion.
"R~!..!.!..!.Q~
FOR RESCINDING BUSINESS AND OCCUPATIONAL TAX
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO
RE: BUSINESS AND OCCUPATIONAL TAX ON LIQUOR OUTLETS
GENTLEMEN:
The undersigned, licensed liquor outlets in your City,
respectfully request that you RESCIND the existing Business
and Occupat i onal Tax, and as grounds therefor, would show:
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l . That said Business and Occupational Tax is now
applied solely to beer and liquor o utlet s in this City.
2. That beer and liquor outlets are now also required
to col lec t City sales taxes on these sales, which are producing
r evenues far in exce ss of those being obtained from imposition
of the Business and Occupa tion al Tax.
3. That beer and liquor outlets are thus required
to supply a disproportionate share of the revenues of the City,
above and bey on d services supplied , resulting in gross discrimi-
nation agains t legitimate business enterprise , existing and
operating because of the desires of the ma jority of the inhabi-
t ants.
4. That liquor outlets within y our City are placed
at a competitive dis a dvantage with simi lar establishments in
ad j acent communities under the present c ircumstances."
(Note: The petition was signed b y 31 people , all owners or
operators of 3 .2 or liquor outlets . The pet ition is not certi-
fied as to circulation .) '
Mr. Cartwright stated th at the o cc upational tax is
unfair and discriminatory and th a t the cost involved in policing
liquor outlets is in proportion to that c ost in policing retail
businesses.
Mayor S chwab asked Mr. Cartwright if his business
has s u ffe r ed since the l e vying of the sales and use tax.
Mr. Cartwright stated that he could not definitely
say either way.
Councilman Brown called Mr. Cartwright's attention
to the fact that 61 police calls have been made to liquor
establistL~ents since Ma rch, 1969.
Mr. Lee Corde r, Casual Lounge, 65 West Floyd,
appeared before City Council and stated that only two police
c alls have been made to his establishment in the last two
years.
Mr. Willard Ball, GEM Liquors, 5450 South Broadway,
a ppeared before City Council and stated that the sales tax
would yie ld from his establishment between $8,000 and $10,000
annuall y in addition to the occupational tax.
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED,
THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE
EXEMPT ING LIQUOR OUTLETS FROM THE BUSINESS AND OCCUPATIONAL TAX
EFFECTIVE JANUARY l , 1970 .
Discussion ensued.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MOTION BE TABLED UNTIL FURTHER REVIEW AT A STUDY SESSION.
Upon the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Lay, Schwab.
Nays: Councilmen Kreiling, Lone , Parkinson .
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Abs n : Non
The Ma yor d clar d h mo lOn c arried .
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1 t he Counci l Chambers at 9:2 5 P .M.
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Dlrector of Public Works, appe ar ed
por regarding various alterna te
•orm drai nage situation in the 3100
o r expl ained the alternates and
and disadvantages of each.
co n~luslon of the discus sion it was the con-
s udy b give n to proposed "Alternate A" with
a por ion of the alley drainage be enclosed.
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A memorandum fr om Police Chief Jack Clasby regarding
police calls to the Lucky Lady Club was received for the record.
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City Manager Dial stated that since March 1, 1969,
thirty-nine police calls had been received concerning disturbances
at the Lucky Lady Club. Mr. Dial stated that these disturbances
were primarily due to the condition of the customers of the Club
and recommended that a resolution be adopted establishing a
show cause hearing on the revocation or suspension of the Lucky
Lady Club's liquor license.
Mr. Jack Clasby, Police Chief, appeared before City
Council and reviewed the police calls which had been received
from the Lucky Lady Club. Mr. Clasby stated that officers of
the Police Department had met with the Lucky Lady Club's manage-
ment on July 24, 1969 and discussed the high number of police
calls that had been received. Mr . Clasby stated that this meet-
ing had resulted in no apparent reduction of the number of police
calls.
RESOLUTION NO. 34, SERIES OF 1969
RESOLUTION REQUIRING JOSEPH J. BATTAGLIA AND LANA
LOGAN, DOING BUSINESS AS LUCKY LADY CLUB OF ENGLEWOOD, TO SHOW
CAUSE WHY THE HOTEL AND RESTAURANT LIQUOR LICENSE PRESENTLY
HELD BY THEM AND LOCATED AT 4155 SOUTH BROADWAY, ENGLEWOOD,
COLORADO, SHOULD NOT BE REVOKED OR SUSPENDED FOR VIOLATION OF
REGULATION 19 OF THE SECRETARY OF STATE OF THE STATE OF COLORADO,
AS THE STATE LICENSING AUTHORITY, AND SETTING A TIME AND DATE
FOR HEARING THEREON.
(Copied in full in the of ficial Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT RESOLUTION NO. 34, SERIES OF 1969 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay,
Parkinson, S chwab.
Nays: None.
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Absent: Councilman Lone.
The Ma y or d e clared th e motion carried.
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A lette r from Mr. E. N . Haase, District Engineer for
the St a te Highway De partme n t , regarding 1970-1971 highway projects
was r ece ived for t he record.
After disc ussion it was the consensus of City Council
t hat a recommendation from the Planning and Zoning Commission
on the priorities of State Hi ghway Department projer.ts within
t he City of Englewood be requested for the October 20, 1969
City Council meet i n g .
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A memorandum from Mr. E. P. Romans, Parks and Recreation
Director, regarding the Na t ional Parks and Recreation Congress
in Chicago was rec e ived for th e recor d .
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A memorandum from Mrs. Bernice Bates, Court Clerk,
regarding the N.A.C.A. conference in Alburquerque was received
for the record.
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The minutes of the Board of Career Service Commissioners
meeting of September 18, 1969 were received for the record.
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The minutes of the Planning and Zoning Commission
meeting of September 3, 1969 were received for the record.
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The minutes of the Public Library Board meeting of
September 9, 1969 were received for the record.
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A resolution of the Planning and Zoning Commission
recommending the Western Alignment of the Columbine Freeway
was received for the record.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED,
THAT THE RECORDS OF THE CITY COUNCIL REFLECT THE COUNCIL'S
ACCEPTANCE OF THE RESOLUTION OF THE PLANNING AND ZONING COMMIS-
SION DATED SEPTEMBER 16, 1969 REGARDING THE WESTERN ALIGNMENT
OF THE COLUMBINE F REEWAY. Upon the call of the roll, the vote
r e sulte d a s f ollows:
Schwab .
Ayes : Coun ci lme n Dh o ri t y , Kreiling, Lay, Parkinson,
Nays : None.
Ab stain: Councilman Brown .*
Abs e n t : Councilman Lone.
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The Mayor declared the motion carried.
*Councilman Brown had momentarily left the Council Chambers and
as h e had not heard the motion, abstained.
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A memorandum from the Planning and Zoning Commission
regarding litigation with Kingsley and Potts was received for
the record.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED,
THAT THE CITY COUNCIL MINUTES SHOULD REFLECT THE ACCEPTANCE OF
THE MEMORANDUM FROM THE PLANNING AND ZONING COMMISSION RECOMMEND-
ING THAT NO APPEAL BE TAKEN FROM THE DECISION OF THE ARAPAHOE
COUNTY DISTRICT COURT IN THE CASE OF THE CITY OF ENGLEWOOD VS.
OLIVER KINGSLEY AND JOEY POTTS RELATIVE TO THE SALE OF A PORTION
OF A PARCEL OF LAND IN THE 1900 BLOCK ON WEST HARVARD AVENUE.
Upon the call of the roll, the vote resulted as follows:
Aye s: Councilmen Brown, Dhority, Kreiling, Lay,
Parkinson , Schwab.
Na ys : None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
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The minutes of the Board of Adjustment and Appeals
meeting of August 20, 1969 were received for the record.
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The minutes of the Water and Sewer Board meeting of
September 16, 1969 with three memoranda attached were received
for the rec ord.
City Council considered the first memorandum recomm~nd
ing an agreement in principle to enter into a connector's agree-
ment with Country Homes Sanitation District.
Mr. J. Robert Mack, Assistant City Manager, appeared
before City Council and stated that the Country Homes Subdivision
area was located at the southwest corner of University and U.S.
285 . Mr. Mack stated that before the Country Homes Sanitation
District undertakes an intensive effort to solve its sanitary
sewer problems it is requesting that the City of Englewood agree
in pri nciple to a connector's agreement.
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT
WRITTEN ASSURANCE BE GIVEN COUNTRY HOMES SANITATION DISTRICT
THAT THE CITY OF ENGLEWOOD WILL ENTER INTO A CONNECTOR'S AGREE-
MENT WITH SAID DISTRICT BE APPROVED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay,
Parkinson, Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
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Mr . J . Robert Mack, Assistant City Manager, appeared
before City Council in r egard to the r ecommendation of the Water
and Sewer Bo ard conce rning the approva l of Supplement No. 16 with
the Valley Sanit a tion District. Mr. Ma ck de scribed the property
to be included within Supplement No . 16 and indicated that accord-
ing to his information there ar e approximately 60 lots that should
y ield approximately 60 s a nit ary s e wer taps.
COUN CILMA N DHORITY MO VE D, COUNC ILMAN BROWN SECONDED,
THAT THE RECOMMENDATION OF THE WATE R AND SEWER BOARD CONCERNING
SUPPLEMENT NO . 16 WITH THE VALLEY SANITATION DISTRICT BE APPROVED
AND THAT THE MAYOR AND CITY CLERK BE AUTH ORIZED TO EXECUTE THE
NECESSARY DOC UMENT S . Upon the ca ll of the roll , the vote result ed
as fol lows:
Ayes : Counci lmen Brown, Dh ority , Kreili ng, Lay,
Parkinson , S chw ab.
Nays: None.
Absent: Coun cilman Lone .
The Mayor declared the motion carr1ed.
A memorandum recommending authorization for the exe-
c ution of a quit c laim deed for a portion of State Highway No .
3 1 i n favor of the State Highway Department was c onsidered by City
Council.
City Manager Dial stated that the City of Englewood had
secured a deed for a portion of State Highway No. 31 in f a v o r of
the State Highway Department which had been attested and signed
in 1964 but had not b een d e livered to the Highwa y Department.
Mr. Dial stated that the document would be delivered upon the
recording of vacation of the original roadway b y the appropriat e
authorities.
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A memorandum from Mr. J. Robert Mack, Assistant City
Manag er , regard ing Dutch elm disease was received for the record.
Mr . J. Robert Mack, Assistant City Manager, appeared
before City Council and discussed Dutch elm disease . Mr. Mack
indicated that Arapahoe County had been willing to provide labora-
tory and testing facilities for Dutch elm dise a se .
After discussion, it was the consensus of City Council
th at the administration draw up a model Dutch elm disease ordi-
nance and e ncourage Arapahoe County Commissioners to continue
in their role of supplying testing facilities during this emer-
gency a ffec ting the arbor population of the City of Englewood.
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ORDINANCE NO. 35, SERIES OF 1969
AN ORDINANCE REPEALING §3.8 OF THE MUNICIPAL CODE OF
TilE CITY OF EN GLEWOOD, AND RE-ENACTING THE SAME WITH AMENDMENTS,
TO AUTHOR I ZE CITY COUNCIL, BY MOTION OR RESOLUTION, TO ESTABLISH
COMPENSATIO N FOR JUDGE S SERVING AT GENERAL AND SPECIAL MUNICIPAL
ELECTIONS AND DECLARING AN EMERGENCY .
(Copied in full i n the official Ordinance Book.)
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COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED,
THAT ORDINANCE NO. 35 , SERIES OF 1969 BE PASSED ON FINAL READING
AS AN EMERGENCY ORDINANCE AND PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE . Upon the call of the roll, the vote resulted
as follows:
Ayes : Councilmen Brown, Dhority, Kreiling , Lay,
Parkinson, Schwab.
Nays: None .
Absent : Councilman Lone.
The Mayor declared the motion carried.
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RESOLUTION NO. 35, SERIES OF 1969
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS .
(Copied in full in the official Resolution Book.)
COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED,
THAT RESOLUTION NO . 35, SERIES OF 1969 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay,
Parkinson, Schwab.
Nays: None .
Absent : Councilman Lone.
The Mayor declared the motion carried.
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A memorandum dated September 24, 1969 regarding liti-
gation with Oliver S., Agnes and Charles F . Kingsley was received
for the record .
City Attorney Criswell reviewed the memorandum with
members of City Council. Mr. Criswell indicated that in regard
to the suit filed against the City Manager, Director o f Public
Works and the former Building Inspector for alleged violation
of Kingsley's civil rights which had been dismissed on September
17, 1969, hat a new suit had been filed against the City of
Englewood in the Federal District Court on the same grounds.
Mr. Criswell indicated that the judge had ruled that the Federal
District Court had no jurisdiction and as yet no further action
had been taken by Mr. Kingsley.
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City Attorney Criswell reported that on October 14,
1969 at 8:30 A.M. the Supreme Court would hear the Atchison Ranch
case appeal.
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City Attorney Criswell stated that litigation had been
instituted against Mrs. Miller, 4089 South Acoma, and the welding
and metal fabrication shop, 4690 South Grant as discussed at
the September 1 5 , 1969 City Council meeting.
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City Attorney Criswell stated that a 30 foot right
of way in the 4300 bloc k of South San t a F e Lane had been deeded
to the City b y Mr. Edwin F . D lin e und er an agreement which
allows t he City of En g lewood o use h 30-f oot dedication for
publi c stre et, ut i lity and r el at ed purposes. The agreement is
conting e n t u pon :
1. The City of Engl e wood blacktopping the 30-foot
strip o f g round abu tti n g t h p roperty being conveyed without
cost to Mr . De l i n e .
2 . Any fu rther s t r e et im p rov e ments of a special
improvement distri c t natur e s h all b e born e b y Mr. Deline and
any successors.
3. The C i t y of Englewood will e x erc ise its best
e ff or ts to prevent e xt e nsion of any street within the City
in such a manner that would ca us e the taking of further
property owned b y Mr. Del in e.
COUNCI LMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE AGREEMENT BETWEEN EDWIN F . DELINE AND THE CITY OF ENGLEWOOD
BE APPROVED AND THAT THE MAYO R AND CITY CLERK BE AUTHORIZED TO
EXECUTE THE NECESSARY DOCUMENTS . Upon the c all of the roll, the
vote result ed as follows :
Ayes: councilmen Brown, Dhority , Kreiling , Lay ,
Parkinson , Schwab .
Nays : None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated t h at the passage on first
reading of the emerg ency ordinanc e providing for two-way traffic
on Hampden Avenue and left turns on Bannock and U.S . 285 had
caused the City administration to prepare a possible implementa-
tion meth od. Mr. Dial presented this method to members of City
Council on a drawing dated October 6, 1969. Mr. Dial stated
that the proposed system depicted on the drawing was designed
to allow for the maximum number of turns possible off of Hampden .
City Council discussed the propo sed traffic system.
City Manager Dial stated that in his opinion the
Colorado De partment of Highways would not allow left turns off
U.S. 285 th rough separate traffic signal time cycles. Mr. Dial
stated that in his opinion the Colorado Department of Highways
might allow left turns within the present traffic signal time
cycles but would b e reluctant to take time off U.S . 285 for a
separate left turn phase .
It was th e consens us of City Council that the City
Manager contact the St at e Highway Departmen t to determine said
department's position on the signalization for left turns off
U.S. 285 on South Bannock Street.
City Manager Dial indic at ed that after the initiative
ordinan ce is passed on fin a l reading and no problems arise
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with the State Highway Department that the City administration
would probably proceed to imp lement the traffic changes prior
to the effective date of the ordinanc e .
* * * * * *
City Manager Dial reported on the left hand turn
pockets installed on September 4 and 5 at the Broadway inter-
sections of Oxford,M n ~sfield , Kenyon and Dartmouth. Mr. Dial
stated that accidents at similar loc ations had been reviewed
and it appeared that similar no parking and l eft turn restric-
tions were not nee ded at these intersections. Mr. Dial stated
that the alternativ es as he saw them were the following :
1. To r e turn to the state which previously existed
to September 4, 1969; i .e., with no stacking lanes but left
turns allowed . Mr. Di al stated that this was the situation
in which the high number of a ccidents had occurred.
2. To allow through traffic at these intersections
but prohibit l eft turns. Mr . Dial stated that the high volume
of left turn movements at these intersections indicated that
a number of n e ighborhood residents were using them as access
to thei r homes .
3. Reduce the size of the pocket and, therefore,
restore parking space. Mr. Dial stated that presently the
size of the pockets were such that a sharp turn into the~ was
necessary and that this would probably aggravate the sharp
turn situation.
4. To lopside the lanes through the area and prohi-
bit parking only on one side of the street. Mr. Dial stated
that this would shift the no parking restriction to one side
from the other.
5. To widen streets from U.S. 285 to Quincy, which
would cost $106,000 and to widen the downtown area n9rth to
Yale which would cost $100,000.
City Council discussed the problem.
Mr. Ed Draper, 4900 South Lipan, whose business is
located at 3673 South Broadway, appeared before City Council.
Mr. Draper requested additional information on the widening
of South Broadway in the vicinity of his business and reiterated
his suggestion made at the September 15, 1969 meeting that a
special zone be created for businesses without parking, there-
fore, reducing property taxes .
Discussion continued. At the conclusion of discus-
sion it was determined that a meeting between the owners,
tenants, and other persons involved be established to discuss
the left hand turn-no parking problem.
* * * * * *
City Manager Dial reminded members of City Council
that a Pension Board s hould be appointed probably in mid-November,
1969.
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City Manager Dial presented a 1969 policy statement
on th e tre e removal cau s ed by the October 3 and 4 snow storm.
COUNC ILMA N LAY MOVED, COUNCI LMAN BR OWN SECONDED, THAT
THE 196 9 POLICY STATEMENT ON TREE REMOVAL BE ACCEPTED FOR THE
PRESENT SITUATION. Upon the c all of the roll, the vote resulted
a s follows:
Aye s: Councilmen Brown, Dhority, Kreiling, Lay ,
Parkinson, Schwab .
Nays : None.
Ab sent: Councilman Lo n e .
Th e Mayor dec lared the motion c ar ri e d.
* * * * * *
City Manager Dial stated that members of the Downtown
Merc hants Association had r e quested an e xtension of the usage
of City sidewalks and th e banner a c ross th e 3400 block of South
Bro adway due to the heavy snow storm which occ urred October 3 and
4 . Mr. Dial stated that h e had gr a nted this extension.
* * * * * *
City Manage r Dial stated that he would b e absent from
the City October 24 to 30 on v aca tion.
* * * * * *
Councilman Park inson reported that members of the
S ervicenter Committee were exploring different routes of
getting the center built and reducing the b id cost down to
the engi neer's estimate.
* * * * * *
City Manager Dial requested approval be given to
Director of Fi nance Ly on to attend an introductory course in
systems a nalysis .
Director of Finance Ly on explained the course to
members of City Council.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED ,
THAT APPROVAL BE GIVEN TO DIRECTOR OF FINANCE LYON TO ATTEND AN
INTRODUCTORY COURSE IN SYSTEMS ANALYSIS AT A COST NOT TO EXCEED
$450 . Upon the call o f the roll, the vote resulted as follows:
Ayes : Councilmen Brown, Dhority, Kreiling , Lay,
Parkinson , Schwab.
Na y s : None.
Absen t : Councilman Lone.
The Mayor dec l a r ed t he motion carried.
* * * * * *
City Manag er Dial stated th a t he was prepar i n g a letter
to go to Mr . Gerri VonFr e 1lick in regard to he construction
of the Cherokee exten sion (from South Elati to Cherokee Cir~1e).
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Mr. Dial stated that the cost of this construction would be
approximately $8,000 and that Mr. VonFrellick had indicated
his willingness to bear a portion of the cost on a number of
previous occasions although a formal agreement h a d not been
drawn. Mr. Dial stated that now, however , Mr. VonFrellick
stated that he did not intend to participate in the cost of
the project . Mr. Dial reviewed various corre spondenc e between
the City of Englewood and Mr . VonFrellick concerning the
Cherokee extension and indicated that he would write a letter
to Mr . vonFrellick calling his attention to these items.
* * * * * *
Councilmen Dhority and Kreiling reported on the
Englewood-Littleton-Fort Logan Bus Line Committee meeting with
the Cities of Sheridan and Littleton and Mr. Herbertson on
October 6 , 1969. Mr . Kreiling stated that it was Mr. Herbertson's
desire to sell the bus line to the City of Englewood or for the
cities to establish a subsidy whereby Mr. Herbertson would not
suffer additional loss . Mr. Herbertson stated that if the latter
approach were taken a new bus should be purchased for the opera-
tion.
Councilman Dh ority reviewed various aspects of the
discussion and pointed out that the City had until January 1,
1970, the expiration of the current contra ct with Mr. Herbertson,
to make a decision and take action.
* * * * * *
COUNCILMAN LAY MO VED, 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,
Parkinson, Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried and the meeting adjourned
at 12:35 P.M.
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CITY (-r 1 ' ~ ''~E NT
co u,,..._!L j. • r .L.~
CIT'!: O F. E.NGLt.:V>v D, COLO.
RESO LUTI ON 11 0. _.;;3.,</_, SER I ES OF 1969
RE SOLUTI OI REQU I RI NG JOSEPH J. BA TTAGLIA AND LANA
LOGAi , DO i ti G BUS i fiE SS AS LUCKY LA DY CLUB OF ENG LE WOOD , TO
SHOW CA USE WH Y THE HO TEL AND RE STA URAN T LI OUOR LICEfiSE
PRESEN TLY HEL D ll Y THE1 ·1 ArlO LOCATED AT 4 1 55 SOU TH BRO AD\Ji\Y,
EfiG LHJOOD , CO LORADO , SHOU LD IIO T BE REVOK ED OR SUSPE HD ED
FOR VI OLATI OII OF REGU LATI OII 19 or TilE SEC RET AR Y OF STATE OF
TH E STATE OF COLORADO , AS THE STATE LICE NSI NG AUTHORITY,
AllD SE TTI IlG A Ti f·1E Af~D UI\TE FOR HE.AR I I G THEREOIL
HllERE/\S 75 -2 -11 C.R.S ., 1963 , aut h orizes a local
lis encing authority, afte r investi g ation and p u b lic hearing ,
to suspend or revoke any li quor lic ense issued ursuant to
said Statut e for an y violation of an y rul es or r eg ulations
ado pt ed pursuant to said Statute ; and,
WHER EAS t he Se cre tary of St at e of t he State of
Colorado has adopte d certain re g ulations u rs uant to the
authority g rante d by said Statute, wh ich p rovide, inter
alia, as follows:
"E ac h licensee shall conduct h is estab lis hment
in a decent, orderl y and respecta b l e manner, and
s h a ll not pe r mit within or unon t he licensed
p re m i s e s t he 1 o i t e r i n CJ o f h a b i t u a 1 d ru n k a r d s o r
intoxicated persons, l ewd or indec e nt disnlays,
p rofanit y , ro v1diness, undue noise, or ot her
disturban ce or activit y offensive to t he senses
of the a ve r age citiz en~ or to t he re sidents of
t he nei ghb o r hood in wh ic h t he esta lis hme nt i s
locat ed"; and
~~II E REA S i t h as co me to t he at t c n t i on of t h i s C i t y
Cou ncil that t he r e is a p ro b a b le cause to believe t h at
Jose h J . Battaglia and Lana Lo g an, doing b usin ess as t he
Luc ky Lady Cl ub of En g le wood, ha ve violated sai d re qu lation
in that they h ave pe r mitted upon the p re mises at 41 55
Sout h Br oadway intoxicated persons, rofani ty , ro11di ness,
undue noise and other act ivi ty of a si milar nature wh ic h has bee n
of f ensi ve to the se nses of t he average citizen and to t he
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residents of t he nei gh borhood;
HOW THE REFORE, BE IT RESO LVED by t he City Counci l
of t he City of En g l ew ood, a s foll ows:
1. That Joseoh J . Batta g li a an d Lana Logan, do i nn
b usin es s as Luc ky Lad y Clu b of Enrl ew oo d , as t he holders
of t ha t otcl a nd r est aurant li uor lisence l o cat ed at
4 1 55 South Br oad1-1ay , Ennl ev1o o d , Co lorado, should be , and
a r e he r eby, r eq uired to appea r be fore t h is City Coun cil,
as l oca l lic ens i no a ut ho rit y , t o show cause, if any
there be , why t he afo r esa i d li scnce shou l d not be suspended
or r e vo ked for violati ons of the a f o r esa i d r eou l ations in
the ma nn e r he r e ina b ov e set fort h .
2 . That oub lic he arin upon t1e a fores ai d 1uestion
is he r eby scheduled to commence at t he hou r of 8 :00 o'cloc k
p .m., on 1 0nday, Octo be r 20,1963 , in the Cit y Hall, Cit y
of En g l ewood, 3400 S out ~ Elati Stre e t, Eng l ew oo d, Colo r ado.
3 . Tha t the Cit v Cl e r k is he r eby authorized and
dire c ted to p r ovide to tne aforesaid lic e nsee s notice of
t he afo r es ai d c~arges and of t he ti me, dat e and olace set
for p ub lic hea rin n the r eon by p rovi din !J to ea c h of sai d
licens ees a certified co ny o f this Resolution, via certifie d
mail, d ire cte d to the n at t he address state d i n t he license.
ATT EST: / --· r~~
I, STEP HEI A. LY Od , City Clerk -Tre asu r e r of t he Cit y
of En ol ewood, do he r eby c e rtify t h at t he above and for eq oin o
is a tru e , accurate and co mp l ete co pv of a Re solution passed
by the City Council of t he Cit v of Enolewood at a r eq ular
me c t i n CJ h c 1 d on 1"2/ ct_d-/u
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C ITY C C' . ' ~ U'., ENT
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COU I\:CIL . w t!L::
RESOLUTION NO . ., -f_5 , SERIES OF l96§=1TY. O F: ENGL \o\'000 , COLO .
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS.
WHEREAS, Section 3.8 of the Municipal Code of the
City o f Englewood, Colorado, as amended, authorizes the City
Council to establish by motion or resolution the compensation
for pay of j udges and clerks serving at special or general
mun ic ipal e lections.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of t he City of Englewood, Colorado, as follows:
Section 1. Judges and clerks of special or general
mun ic ipal elections shall each receive $25.00 per day compensation
for their services as such judges and clerks. The judges and
clerks of elections shall select one of their number to deliver
the election returns in accordance with the law, and that judge
or clerk shall be paid for the performance of such service an
additional sum of $2.5 0.
1969.
ADOPTED AND APPROVED This 4fiz:21 . day of c(};Z?J/t 4<U ,
Attest:
ex o
I, Stephen A. Lyon, ex officio City Clerk-Treasurer
of the City of Englewood, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a resolution
passed b y the Ci~Council of the City of Englewood at a regular
meeting held on @ L<pz? <4 , 1969.
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CITy ~ . '-COUNCIL CHAMBERS · O F £.
CITY OF ENGLEWOOD, COLORADO
SEPTEMBER 29, 1969
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe
County, State of Colorado, met in special session Monday,
September 29, 1969, at 8:00 P.M.
Clerk :
The following "Notice of Call" was read by the Ci y
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNCIL
MONDAY, SEPTEMBER 29 , 1969 --8:00 P.M.
The City Council of the City of Englewood, Arapahoe County,
Colorado, is hereby called to a special meeting in the City
Hall, 3400 South Elati Street, for the purpose of considering
and taking action as deemed necessary for matters relating to:
(1) Sale of street shop property to the Colorado
Department of Highways;
(2) Construction of a Central Garage (Servicenter);
and
(3) Petition calling for the modification of traffic
patterns.
STANLEY H. DIAL
City Manager
SHD/i j
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Englewood,
Colorado, do hereby acknowledge receipt of Notice of the above
special session:
/s/ Howard R. Brown
/s/ Dick Lone
/s/ D. J. Dhority
/s/ Elmer E. Schwab
/s/ John J. Lay
/s/ John Kreiling
Notice was given to the following Councilman who was not in
attendance:
Councilman Parkinson
Mayor Schwab, presiding, called the meeting to order
and asked for roll call. Upon the call of the roll, the follow-
ing were present:
Schwab.
Councilmen Lone, Lay, Kreiling, Dhority, Brown,
Absent: Councilman Parkinson.
The Mayor declared a quorum present. I • •
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Also present were: City Manager Dial,
Assistant City Manager Mack,
City Attorney Criswell,
City Clerk Lyon.
* * * * * *
Mayor Schwab stated that the first order of business
was the consideration of the initiative petitions calling for
an ordinance which would allow left hand turns at Bannock and
U.S. 285 and two-way traffic on East and West Hampden.
Mr. Howard E. Abbott, 3681 South Albion, appeared
before City Council and requested that the wording of the
petitions be read.
City Clerk Lyon read the following petition:
AN ORDINANCE REMOVING THE LEFT TURN
TRAFFIC RESTRICTION AT THE INTERSECTION
OF SOUTH BANNOCK ST. AND STATE HIGHWAY
285, CITY OF ENGLEWOOD, COLORADO AND DESIG-
NATING HAMPDEN AVE., BOTH EAST AND WEST,
AS A TWO WAY OR TWO DIRECTIONAL AVENUE PER-
MITTING MOTOR VEHICLE TRAFFIC TO MOVE OR
TRAVEL BOTH EAST AND WEST.
BE IT ORDAINED BY THE PEOPLE OF THE
CITY OF ENGLEWOOD, COLORADO:
The left turn traffic restriction at
the intersection at So. Bannock St. and
State Highway 285 in the City of Englewood,
Colorado is hereby removed. Motor vehicle
traffic approaching this intersection from
the west shall be permitted to turn left
and proceed north on So. Bannock St. with-
out restriction. If any restriction pre-
vails it shall be removed.
Hampden Ave. in the City of Englewood,
Colorado both east and west, is hereby desig-
nated as a two way or two directional avenue
with motor vehicle traffic to be permitted
to move both east and west except for that
portion of West Hampden between South Bannock
Street and Highway 285. This ordinance re-
peals all ordinances, resolutions, motions
and traffic directives in conflict therewith.
Mr. Chalmerse A. Parker, 3996 South Grant, appeared
before City Council. Mr. Parker stated that in his opinion the
intent of the petition was self-explanatory, but he also stated
that it was the intent of the petitioners to allow traffic move-
ment in such a way as not to conflict with other existing traffic
situations.
Mr. M. M. Summers, 3140 South Delaware, appeared be-
fore City Council. Mr. Summers stated that on the petition the
word "restriction" meant the left hand turn restriction only,
no other restrictions of traffic patterns are intended.
Mr. Howard E. Abbott, 3681 South Albion, (business
property located at 3524 South Lincoln) reappeared before City
Council. Mr. Abbott btated that the State Highway Department
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or the Federal Bureau of Roads should not prevail over the local
control of prohibiting left hand turns at Bannock a.nd U.S. 285.
Mr. Abbott stated that in his opinion the one-way system was
premature for the City of Englewood and that thos e people now
wishing to shop downtown are confused and hindered by the left
hand turn restriction and the one-way traffic p attern .
City Clerk Lyon read the c e rtification from one of the
i nitiative petitions.
Councilman Kreiling asked Mr. Chalmerse Parker if he
witnessed the signatures on his petition .
Mr. Chalmerse Parker, 3996 South Grant Street , stated
th at he had witnessed all signatures on the petition he h ad cir-
culated.
Mr. Earl S . Hill , 3553 South Bannock, stated that he
had witnessed al l signa tures on the petition he had ci+culated.
Mr. M. M. Summers, 3140 South Delaware, stated that
he had witnessed all signatures on the petition he had c irculated.
Mr. Leo Lentsch, 1 550 East Dartmouth, stated that h e
had witnessed all signatures on the p e tition he had circulated.
Councilman Lone stated that in order for the downtown
section of the City of Englewood to thrive that the merchants
would have to give the shoppers a reason to stop. Mr. Lone
stated that past business practices had not been conducive in
obtaining customers to the downtown Englewood stores and that
it was th e tendency of the merchants to blame the lack of custo-
mers upon the traffic pattern.
Introduced as a Bill b y Councilman Lay and read in full,
A BILL FOR
AN ORDINANCE REMOVING THE LEFT TURN TRAFFIC RESTRICTION
AT THE INTERSECTION OF SOUTH BANNOCK ST. AND STATE HIGHWAY 285,
CITY OF ENGLEWOOD, COLORADO AND DESIGNATING HAMPDEN AVE., BOTH
EAST AND WEST, AS A TWO WAY OR TWO DIRECTIONAL AVENUE, PERMITT ING
MOTOR VEHICLE TRAFFIC TO MOVE OR TRAVEL BOTH EAST AND WEST.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED , THA T
THE BILL FOR AN ORDI NANCE BE PASSED ON FIRST READING AND ORDERE D
PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Councilma n Kreiling stated th at he would vote aga i nst
the ordinance and wished to explain the reasons for his vote.
Mr. Kreiling stated that in 1968 a similar measure had been
referred to the electorate and had been defeated. Mr. Kreiling
st a ted that the people should be given the opportunity to vote
on the matter again.
Councilman Dhority stated that one of his reasons for
voting for the ordinance would be that it could be changed at
the direction of City Council. If the ordinance was submitted
to a vote and passed by the people, then the City Council 's
hands would be tied.
Counc ilman Lone stated that his no vote was based upon
the f a c t that the people had already told the Englewood City
council in the 1968 election what the traffic pattern should be.
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Mr. Lone stated that the passage of this ordinance would be the
first step towards overturning the present traffic pattern.
Mr. Virgil T. Wells, 3380 South Marion, appeared be-
fore City Council. Mr. We lls inquired of Councilman Lone if he
owned a business on a traffic artery.
Councilman Lone stated no.
Mr . Wells stated that a business's volume is deter-
mined by the traffic going b y the business door; and by placing
the streets on a one-way pattern, business was c~t in half.
Councilman Lone stated that the traffic counts had
indicated th at the volume of traffic on one-way streets had
increased rather than being cut in half.
Mrs. Rachael Gordon of the Englewood Flower Shop,
700 East Hampden Avenue, appeared before City Council. Mrs.
Gordon stated that further extension of the one-way traffic
pattern would close down her business.
Mr. Sam Hill, 3456 South Broadway, appeared before
City Council. Mr. Hill stated that City Council had indicated
one and one-half years ago that it would review the traffic
pattern. Mr. Hill stated that City Council had not reviewed
the traffic pattern as of yet. Mr. Hill also referred to a
meeting of downtown merchants with the Public Works Director
at which time the Director of Public Works had stated that the
traffic pattern was specifically designed for a certain group.
Mr. Hill stated that in 1968 when the traffic propositions had
been submitted to the voters, the people had misunderstood them;
but this time they would pass.
Mayor Schwab stated that passage of the ordinance
changing the traffic pattern would combine Englewood back into
a unified community.
Upon the call of the roll on the passage of the bill
for an ordinance, the vote resulted as follows:
Ayes: Councilmen Lay, Dhority, Brown, Schwab.
Nays: Councilmen Lone, Kreiling.
Absent: Councilman Parkinson.
The Ma yor declared the motion carried.
* * * * * *
(Councilman Dhority left the Council Chambers at
9:00 P.M.)
* * * * * *
City Manager Dial indicated that the Department of
Highways had offered to pay the City of Englewood $57,080, the
full appraised value of the street shops. An agreement between
the City of Englewood and the Colorado Department of Highways
had been submitted to the City of Englewood for approval.
City Attorney Criswell stated that he had reviewed
the agreement and with one exception found no reason for the
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City council not to sign. Mr. Criswell stated that the excep-
tion was the provision stating that the possession of the
property would be yielded to the Colorado Department of High-
ways upon tendering of the $57,080. Mr. Criswell stated that
he had prepared a resolution amending the agreement allowing
for a date to be established whereby the City of Englewood
would turn possession of the street shop property over to the
Colorado Department of Highways.
City Manager Dial recommended ac ceptance of the
Department of Highways offer of $57,080 .
City Manager Dial presented bid tabulations on the
construction of the new street shops. Mr. Dial stated that the
low bidder's base bid had exceeded the architect's estimate by
$66,833. Mr. Dial stated that low bidder was Rob Roy Construction
Company. Mr. Dial stated that the Central Garage Committee had
met with Mr. David Nichols, architect for Ken R . White Company.
Mr. Nichols had not offered an explanation as to why the bids
had exceeded the estimate other than these bids were indicative
of the times and th e fact that the pre-stressed concrete firms
had more than adequate amounts of business.
City Manager Dial stated that the City of Englewood
met with Mr. Roy and he had indicated that he would review the
bids submitted with his subcontractors to see if the base con-
struction cost could be placed under $200,000. Mr. Roy had
stated that he would submit a report to the City prior to
October 6, 1969 .
Councilman Lone reported on behalf of the Central
Garage Committee. Mr. Lone stated that if Rob Roy Construction
Company is unable to bring down the construction costs, then the
City of Englewood should consider another type of construction
such as an all steel building .
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
THE CONSIDERATION OF THE AWARD OF THE SERVICE CENTER BE DEFERRED
UNTIL OCTOBER 6, 1969 AND THAT THE BID BONDS ON THE THREE LOW
BIDDERS BE HELD BY THE CITY OF ENGLEWOOD AND ALL OTHERS RELEASED .
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Lone, Lay, Kreiling, Brown, Schwab.
Nays: None.
Absent: Councilmen Parkinson, Dhority.
The Mayor declared the motion carried .
RESOLUTION NO. 33, SERIES OF 1969
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF
HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, TO SELL TO
SAID DEPARTMENT A TRACT OR PARCEL OF LAND PRESENTLY OWNED BY
THE CITY AND DESCRIBED HEREIN FOR THE TOTAL SUM OF $57,080.00.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED,
THAT RESOLUTION NO. 33, SERIES OF 1969 BE ADOPTED AND APPROVED
WITH THE INSERTION OF THE DATE OF RELEASING POSSESSION OF THE
STREET SHOP PROPERTY TO THE COLORADO DEPARTMENT OF HIGHWAYS AS
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BEING ESTABLISHED AS MARCH l, 1970. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Lone, Lay, Kreiling, Brown, Schwab.
Nays: None.
Absent: Councilmen Parkinson, Dhority.
The Ma yor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Lone, Lay, Kreiling, Brown, Schwab.
Nays: None.
Absent: Councilmen Parkinson, Dhority.
The Mayor declared the motion carried and the meeting adjourned
at 9 :2 5 P.M.
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COUNCIL CHAMBERS Cou·, ~ _
CITY OF ENGLEWOOD, COLORAD0::1T'( OF: £ CLt::: '-' r • Lf::
SEPTEMBER 15, 1969 •OOD,coLo.
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County , Colorado, met in regular session on September 15, 1969
at 8 :00 P .M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Major J. Sexton Johanson
of the Salvation Army , Englewood Temple Corps. Pledge of
Allegiance was led b y Boy Scout Troop No. 333.
Th e Mayor ask ed for roll call . Upon the call of the
roll, the following were present:
Schwab.
Councilmen Parkinson, Lay, Kreiling, Dhor ity, Brown,
Absent: Councilman Lone.
The Ma y or declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager Mack,
City Attorney Criswell,
City Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED , COUNCILMAN DHORITY SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1969 AND THE
SPECIAL MEETING OF AUGUST 25, 1969, BE APPROVED AS READ . Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lay, Kreil ing , Dhority ,
Brown, Schwab.
Nays: None.
Absent: Councilman Lone.
The Ma y or declared the motion carried.
* * * * * *
Mayor Schwab recognized Mr. R. P. Flagel, 2830 South
Cl ark son Street, from the list of "Special Citizen Program
Invitees." '
Mr. Flagel stated that he had been a resident of the
City of Englewood for 13 ye ars and that during that time the
City h ad made wonderful progress, particularly in park develop-
ment. Mr . Flagel stated that the City still had a number of
areas which needed improving, the most obvious being storm
drainage .
* * * * * *
(Councilman Lone entered the Council Chambers and took
his seat with Council at 8:19 P .M.}
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The following individuals appeared before City Council
in regard to the drainage problem in the 3100 South Elati-South
Fox Street alley.
Mr. Roy Lucier, 3144 South Fox Street, appeared before
City coun ci l. Mr. Lucier stated that a 12-inch drain runs from
the 3100 block of South Elati west into the 3100 Elati-Fox alley.
Water from this drain dumped into the alley runs approximately
200 feet north than is picked up in another 12-inch drain run-
ning west. Mr. Lucier stated that when it rains the alley floods,
and on the June 8, 1969 rainstorm basements of area residents
were flooded. Between rainstorms the area is a continual mud
hole and health hazard. Mr. Lucier stated that the neighborhood
requests relief from City Council. Mr. Lucier presented a series
of pictures showing the flood after the June 8, 1969 rainstorm.
Mr. Graydon Ditty, 3158 South Fox Street, appeared
before City Council.
Mrs. Ella Strom, owner of property located at 3125 South
Fox Street, appeared before City Council.
Mr. E. L. Bachelor, 3174 South Fox Street, appeared
b efore City Council. Mr. Bachelor reviewed the storm drainage
problem from its inception. Mr. Bachelor stated that the water
was originally supposed to have gone south to the old City Park
site; but before residents of the neighborhood were aware of
what was happening the area was graded, and the present two 12-
inch drains were installed .
Mr. Phillip G. Meeder, 3130 South Fox Street, appeared
before City council.
Mrs. Ella Strom reappeared before City Council.
Mrs. Phillip G. Meeder, 3130 South Fox Street, appeared
before City Council.
Mr. Stanley J. Skerlj, 3122 South Fox Street, appe ared
before City Council.
At the conclusion of the discussion City Council
requested that the City Manager give a report on the problem and
the costs involved to alleviate it.
* * * * * *
Mr. Ed Draper, 4900 South Lipan, whose business is
located at 3673 South Broadway, appeared before City Council to
discuss parking restrictions resulting from recently installed
left h and turn pockets on South Broadway. Mr. Draper stated that
the new left hand turn pockets installed on September 4 and 5,
1969 at the Broadway intersections of Oxford and Broadway, Mans-
field and Broadway, Kenyon and Broadway, and Dartmouth and Broadway
have eliminated parking and hurt businesses in these locations.
Mr. Draper requested that the Council consider the problem and
take the necessary action to relieve it if possible. However,
if no action is possible, Mr. Draper requested that a new commer-
cial zoning be established for businesses without parking which
would reduce taxes applicable to said property. Mr. Draper also
stated that the previous left hand turn pockets which were re-
moved approximately one and one-half years ago did not present
the problems that the recently installed pockets do.
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City Manager Dial stated that the previous left hand
t urn pockets had been 7 feet wide and were now 10 feet wide;
the n e w pockets were longer than the old; other lanes have been
wide n e d to a standard designed width of 12 feet for through lanes;
a nd parking has been prohibited further back from the corner.
Mr. Di al state d that the Engineering Department had completed
an e s t imate of widening South Broadway in the area in front of
the En g lewood Press, 3085 South Broadway. Mr. Dial stated that
the es timate was $20 per lineal foot in concrete and $10 per
li n e al foot in asphalt.
Mr. Du dl ey F. Pitchford, 1200 East Dartmouth, of the
Eng l e wood Pre ss, 3085 South Broadway, appeared before City
Coun ci l and stated that last year parking on the north side of
Dartmouth had b een removed; and now with the no parking prohi-
bition on South Broadway, it had been necessary to convert the
emp loyee parking lot into a customer parking lot. Mr. Pitchford
st a ted th at this presented considerable problems as customers
we r e having a hard time getting used to the parking lot. Mr.
Pitchford stated that if the action to solve the problem should
b e t he wi d e ning of Broadway that the City should give relief
b y participating in the cost.
Mr. Clifford Rowland, 3675 South Broadway, appeared
b e fore City Council. Mr. Rowland stated that the old left hand
turn slots at Broadway and Kenyon had allowed sufficient parking
for his structure in the area . Mr. Rowland stated that the new
left hand turn pockets had taken off 145 feet of 150 feet of
frontage. Mr. Rowland stated that the old left hand turn pockets
had worked before and that the City should go back to this type
of traffic control.
City Manager Dial stated that accidents at the four
intersections in question had increased from two to two and one-
half times after the old turn pockets were eliminated. This
had caused the placement of new left hand turn pockets. Mr.
Dial stated that accident rates at other intersections were
being reviewed.
Mr. Jim Taylor, 3709 South Sherman, owner of property
loc ated in the 4100 block of South Broadway, appeared before
Ci t y Council. Mr. Taylor stated that there is no parking
available since the installation of the left hand turn pockets
and requested that left hand turn directional arrows be plac ed
on the traffic signals with left hand turn pockets similar to
those originally installed some years ago.
Note: A letter from Mrs. J. C. Maxwell, 4913 South
L i p an Drive, dated September 12, 1969, concerning parking
r e strictions on South Broadway was received.
* * * * * *
Mr. Le slie S c hissl e r, manager of Be lleview Bowl,
4900 South F e deral, appeared before City Council requesting
renewal of Be lle view Bowl's 3 .2 b e er license.
COUNC ILMAN KREILING MOVE D , COUNCILMAN PARKINSON
SECONDED, THA T THE 3 .2 BEER LICENSE OF BELLEVIEW BOWL BE
RENEWED FOR ON E YEAR BEGINNING SEPTEMBER 14, 1969. Upon the
call of the r oll, the v ote r es u lted a s f ollows:
Ayes :
Dhor~ty, Br o wn,
Counc ilme n Parki nson, Lone, Lay, Kreiling,
S c hwab.
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Nays: None.
Absent: None.
The Mayor declared the mot ion carried .
* * * * * *
A memor andum from Mr . Stephen A. Ly on, Director of
Fina n ce , was received for the record regarding initiative
pe titions providing for a left turn movement at South Bannock
Str eet and U .S. 285 and designating Hampden Avenue as two way.
Discussion ensued . After discussion it was the con-
sensus of City Council that f ormal action be taken afte r
additional review at a speci al City Council meeting on S eptember
29, 1 969.
* * * * * *
A memorandum from Mr. Stephen A. Lyon, Director o f
Fi nance , regarding a municipal informati on system was received
for the r ec ord .
Dis cussion ensued .
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED ,
THAT THE CITY COUNCIL WAS I N FAV OR OF THE CONCEPTUAL IDEA OF AN
INTEGRATED INFORMATION SYSTEM AND THAT THE DIRECTOR OF FINANCE
BE URGED TO CONTINUE I N THE INVE STIGATION OF THIS SYSTEM AND
THE ESTABLISHMENT OF A CENTRALIZED DATA PROCESSING INSTALLATION
BETWEEN ENGLEWOOD AND OTHER SUBURBAN COMMUNITIES. Upon the call
of the roll, the vote resulted as follows :
Dhority,
Ayes:
Brown,
Councilmen Parkinson, Lone, Lay, Kreiling,
Schwab.
Na ys: Non e.
Abs ent : None.
The Ma y or declared the motion carried .
* * * * * *
A memor andum from Mr. John Murph y , Personnel Dir ector ,
regarding a survey o f sick leave benefits was received for the
record.
City Manager Dial stated th at it was his recommendation
that the conversi on of sick leave accumulated over 90 days to
pay upon retirement be tabled indefin ite l y as no employee of the
City who will h a ve an accumulation o f sick leave over 90 days
will be retiring for a t l east three years .
* * * * * *
The minutes of the Planning and Zoning Commission
meeting of August 12, 1969 were received for the record.
* * * * * *
The minutes of the Election Commission meeting of
September 3, 1969 with two memoranda attached were received
for the record.
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City Council discussed the increasing of salaries paid
to election judges.
Introduced as a Bill b y Counci lman Parkinson and read in full,
A BILL FOR
AN ORDINANCE REPEALING §3.8 OF THE MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD, AND RE-ENACTING THE SAME WITH AMEND-
MENTS, TO AUTHORIZE CITY COUNCIL, BY MOTION OR RESOLUTION, TO
ESTABLISH COMPENSATION FOR JUDGES SERVING AT GENERAL AND SPECIAL
MUNICIPAL ELECTIONS AND DECLARING AN EMERGENCY.
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED,
THAT THE BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST READING.
Upon the ca ll of the roll, the vote resulted as follows:
Ayes: councilmen Parkinson, Lone, Lay, Kreiling,
Dhority , Brown, Schwab.
Nays: None.
Absent: None.
The Ma y or decl ar ed the motion carried.
RESOLUTION NO. 31, SERIES OF 1969
RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A
VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE
NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
4, 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION
TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE
BALLOT.
(Copied in full in the official Resolution Book.)
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT RESOLUTION NO. 31, SERIES OF 1969 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Na ys : None.
Absent: None.
The Mayor declared the motion c ar ried .
* * * * * *
A memorandum from Mr. Stephen A. Lyon, Director of
Fin ance , regarding an amendment to Section 110 of the City Charter
was received for the record.
City Counci l discussed an amendment to Section 110 of
the City Charter whereby the provision that all bonds would b e
cal lable would be eliminated from the Charter.
RESOLUTI ON NO. 32, SERIES OF 1969
RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A
VOTE OF THE QUALIFI ED ELECTORS OF THE CITY OF ENGLEWOOD AT THE
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NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
4, 1 969 , AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO
TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE
BALLO T .
(Copi e d in full i n the of fic i al Re solution Book.)
COUNCI LMAN PARK INSON MOVED , COUNC I LMAN LA Y SECONDED,
THAT RES OLU TION NO . 3 2, SERIES OF 1969 BE ADOPT ED AND APPROVED.
Up on the c a l l o f the rol l, t h e vo te resulted as follows:
Ayes : Co u n c ilme n Park inson, Lon e , Lay , Kr eiling,
Dh or ity , Br o wn , S c hwab .
Nay s : Non e .
Ab se n t : No n e .
Th e Ma y or dec la red the mot i on c arried.
* * * * * *
Th e financial report for th e month of August, 1969 was
rece ived fo r th e r e cord and discuss e d.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 34, SERIES OF 1969
AN ORDINANCE ADDING TO THE MUNICIPAL CODE OF THE CITY
OF ENGLEWOOD A NEW CHAPTER 6 A TO ESTABLISH A RETIREMENT AND
PENSION PROGRAM FOR ALL P ERMANENT, FULL TIME EMPLOYEES OF THE
C ITY , EXCEPT POLICEMEN, PAID FIREMEN AND ELECTED OFFICIALS,
PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE-
MENT BOARD FOR THE ADMINISTRATION OF ~HE SAME.
(Copied in full in the offi c ial Ordinance Book.)
COUNCILMAN PARKINSON MO VED, COUNCILMAN LAY SECONDED, THAT
ORDINANCE NO. 34, SERIES OF 1969 BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the c all o f th e roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhori t y, Brown, Schwab.
Nay s: Non e.
Ab s en t : Non e.
The Mayo r dec la red the motion c arri e d.
* * * * * *
City Attorn ey Criswell subm i tted a j udgment in the
suit brough t b y th e City of Engl e wood a g a i nst'Mr . Charles F.
Ki ngsl ey , Jo y B. Pott s, Patricia A. Pot ts , Richard R. Gibbons,
an d Mar j ori e Pag e for the c onv e y anc e o f ce r tain unplatted property
in violation of the City 's subdivisio n r e g ulations. Mr. Criswell
s tate d that Judge F o ote had r ule d tha t th e provision of the 1957
t o 1967 subdivision regula t ion s whi c h ap pli e d to this particular
c onveya nc e was invalid in its req uireme n t th a t no one c an c onvey
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real property without first complying with said regul ations.
Mr. Criswell stated that the Judge had ruled that this was an
unre asonable r e straint. Mr. Criswell stated that in his opinion
th i s ruling would have no major effect upon subdivision regulations
o f the city and that in terms of enforcement of various aspects
o f t h e regulations that the City of Englewood had the power to
withhold building permits until compliance with the subdivision
r e gu lat i ons was me t.
Councilman Kreiling requested that the ruling be con-
v eyed t o th e Plann i ng and Zoning Commission for their recommenda-
t ion to the City Council as to whether an appeal should be insti-
tuted .
* * * * * *
City At torney Criswell requested authorization to file
an in j unction in District Court against the usage of 4690 South
Gr ant as a welding and metal fabricating shop. Mr. Criswell
stated that the subject property is in R-1-C single family
zoning and that for some years the garage has been used as a
welding and iron fabrication shop. Mr. Criswell stated that
several times cease and desist orders had been issued by the
Building De partment with no avail and it now appeared that the
only way to correct the situation would be to file with the
District Court .
COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED,
THAT CITY ATTORNEY CRISWELL BE AUTHORIZED TO BRING SUIT IN
DISTRICT COURT AGAINST THE OWNER OF 4690 SOUTH GRANT FOR HIS
FAILURE TO COMPLY WITH THE USAGE PERMITTED FOR THE PARTICULAR
ZONE IN WHICH HE RESIDES. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, Schwab.
Nays: Councilman Lay.
Abs e nt: None.
The Mayor declared the motion carried.
* * * * * *
City Attorn e y Criswell stated that a cease and desist
order had been issu e d to Mrs. Miller, 4089 South Acoma, requesting
her to clean up her property. Mr. Criswell stated that this
order would expire within the next two to three days and that in
the event of non-compliance, authorization to take action in
District Court was requested.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
CITY ATTORNEY CRISWELL BE AUTHORIZED TO BRING ACTION AGAINST MRS.
MILLER IN DISTRICT COURT TO CAUSE HER PROPERTY LOCATED AT 4089
SOUTH ACOMA TO BE CLEANED. Upon the call of the roll, the vote
r e sulte d as follows:
Aye s: Councilmen Parkins o n, Lone, Lay, Kreiling,
Dh ori ty , Brown, S c hwab.
Nays : Non e .
Abs e nt: Non e .
The Mayor dec lared the mo tion c arri e d.
* * * * * *
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City Manager Dial presented a recap of the proposed
Public Service Company rate adjustments for the State of Colorado
and their estimated effect on the City of Englewood.
Mr. Harold Rust of the Public Service Company appeared
before City Council and explained various aspects of the rate
increase proposed b y the Public Service Company.
The City Council discussed the proposed rate increase
on gas and electricity with Mr. Rust and the possibility of
e nt e ring in with the Colorado Munic ipal L e ague (financial support)
in its employ of special c ounsel to appear before the Colorado
Public Utilities Commission he arings on the Public Service Company
rate incre ase proposal .
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE CITY OF ENGLEWOOD INDICATE ITS SUPPORT TO THE COLORADO
MUNICIPAL LEAGUE IN EMPLOYING SPECIAL COUNSEL IN REGARD TO THE
PROPOSED RATE INCREASE BY THE PUBLIC SERVICE COMPANY. Upon the
call o f the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that the temporary housing of
the snorkel fire apparatus behind Fire-Police headquarters would
necessitate moving the 16 Police cruiser stalls north on the
property leased from the City by Ambrose-Williams for parking
and cause the vacation of certain other parking stalls leased
and maintained by said firm. Mr. Dial stated that a representa-
tive of Ambrose-Williams indicated that they would cooperate
with the City and requested that in return the City assist them
to a certain degree in the maintenance of the lot. Mr. Dial
stated that the temporary house of the aerial appar atus would
be in place for 12 to 15 tnonths. Mr. Dial suggested that the
City stripe the parking lot once within the next ye ar.
City Council discussed the proposed striping of
the parking lot, and at the conclusion it was the consensus that
the City Manager submit a cost estimate for this work at the
next budget session.
* * * * * *
City Manager Dial requested the approval of City
Council for his attendance at the International City Management
Association Conference in New York City, October 17 to 23, 1969.
COUNC ILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE OUT-OF-STATE TRIP OF MR. STANLEY H. DIAL, CITY MANAGER, TO
ATTEND THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION CONFERENCE
IN NEW YORK CITY, OCTOBER 17 TO 23, 1969 BE APPROVED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson , Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
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Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial requested the approval of City Council
for the attend ance of Mr. Charles B. Carroll, Utilities Director,
at the American Water works Association Conference in Albuquerque,
September 29 to 0 tober 1 , 1969 .
COUNCILMAN LAY MOVED, COUNC ILMAN PARKINSON SECONDED,
THAT THE OUT-OF-STATE TRIP OF MR. CHARLES B. CARROLL, UTILITIES
DIRECTOR , TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION
CONFERENCE IN ALBUQUERQUE, SEPTEMBER 29 TO OCTOBER 1, 1969 BE
APPROVED. Upon the c all of the roll, the vote resulted as
follows:
Ayes : Councilmen Parkinson, Lone, Lay, Kreiling,
Dhori ty , Brown, Schwab.
Nays: None.
Absent: None.
The Ma y or declared the motion carried.
* * * * * *
City Manager Dial requested the approval of City Council
for the attendance of Mrs. Bernice Bates, Court Clerk at the
National Association for Court Administration Conference in
Albuquerque , September 27 to 29, 1969.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE OUT-OF-STATE TRIP OF MRS. BERNICE BATES, COURT CLERK, TO
ATTEND THE NATIONAL ASSOCIATION FOR COURT ADMINISTRATION CONFERENCE
IN ALBUQUERQUE, SEPTEMBER 27 TO 29, 1969 BE APPROVED. Upon the
call of the roll, the vote resulted as follows:
Ayes : Councilmen Parkinson , Lone, Lay, Kreiling,
Dhority , Brown, Schwab.
Nays: None .
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that Mr. Robert Brundage,
342 4 South Broadwa y , h ad requested that the City Council approve
the use of City sidewalks for display of merchants and groups and
approve the placement of an advertisement banner over the 3400
block of South Broadway for Country Fair Days, October 3 and 4,
196 9 .
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE REQUEST FOR USE OF DOWNTOWN SIDEWALKS FOR COUNTRY FAIR
DAYS, OCTOBER 3 AND 4, 1969 AND THE PLACEMENT OF AN ADVERTISEMENT
BANNER OVER THE 3400 BLOCK OF SOUTH BR OADWAY BE APPROVED. Upon
the call of the roll, the vote resulted as fol lows:
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Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority , Brown, S chwab.
Nays: None.
Absent: None.
The Mayor dec lared the motion carried.
* * * * * *
Assistant City Manager Mack appeared before City
Council and sta ted th at a request had been received from the
Mile Hi Mo torcycle Associati on for a gymkhana to be held on
S e pte mb er 28 , 1969. Mr. Mack stated that this was being
sponsored by the Associati on to help defray medical expenses
of one o f Mile Hi's members. Mr. Mack stated that the approval
of Ambrose-Williams , lessors of the parking lot, would also
be obtain ed by the Mile Hi Motorcycle Association.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED,
THAT THE USE OF THE PARK 'N SHOP PARKING LOT BY THE MILE
HI MOTORCYCLE ASSOCIAT ION BE APPROVED PROVIDING SAID ASSOCI-
ATION CLEANS THE LOT AFTER ITS USE.
After discussion Councilman Lay stated that the
foll owing should be incorporated within his motion: AND
FURTHER PROVIDE THAT THE LESSOR CARRY SUFFICIENT LIABILITY
INSURANCE TO SAVE AND HOLD HARMLESS THE CITY AS DETERMINED
NECESSARY BY THE CITY ATTORNEY AND THAT THE EVENTS ON SEPTEMBER
28, 1969 BE REQUIRED TO STOP NO LATER THAN 7 :00 P.M.
Councilman Brown accepted the additional incorporation.
Upon the call of the roll, the vote resulted as
follows:
Ayes: councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated City Council study sessions
would be held on September 22 and 29.
* * * * * *
City Manager Dial stated that with the enactment of
the pension ordinance the City Council may wish to consider
possible appointees to the Pension Board.
* * * * * *
City Manag e r Dial discussed the scheduling of a trip
to view the We ste rn Slope Development project with members of
City Coun cil.
* * * * * *
Mayor Schwab stated that approximately a month ago the
City Council had r equ e sted that the Planning Commission provide a
recommendation as to the location of the Columbine Freeway. Mr.
Schwab stated that as yet this recommendation had not been
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received; and due to the fact that the Chamber of Commerce Board
of Directors had recommended the Santa Fe Alignment of the
Columbine Freeway, Mr. Schwab stated that he believed the City
Council should take a position.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE CITY COUNCIL RECOMMEND THE SANTA FE ALIGNMENT OF THE COLUMBINE
FREE WAY.
Discussion ensued.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED,
THAT THE MOTION RECOMMENDING THE SANTA FE ALIGNMENT OF THE
COLUMBINE FREEWAY BE TABLED. Upon the call of the roll, the
vote resulted as follows :
Ayes : Councilmen Parkinson, Lone, Kreiling.
Nays: Councilmen Lay, Dhority, Brown, Schwab.
Absent: None.
The Mayor declared the motion f a iled .
Upon the c all on the original motion,the vote resulted
as f ollows:
Ayes: Councilmen La y , Dhority, Brown, Schwab.
Nays: Councilmen Parkinson, Lone, Kreiling.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECOijDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown , Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried and the meeting adjourned
a t 11:45 P.M.
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Pre ci nct No.
Preci nct No.
Prec i nct No .
Precinct No.
Precinct No.
P7"ct No .
vPrecinct No.
Precinct No .
Precinct No.
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"SPECIAL CITIZEN PROGRAM INVITEES" -
1 -Mr. and Mr s . Manuel Hurtado, 2218 West Iliff Avenue
2 -Mr. and Mr s . D. F. Cameron, 2865 South Bannock Street
3-Mr. and Mrs . Evon R. Smith, 3025 South Logan Street
4 -Mr. and Mr s. Kenneth F . Mesch, 3642 South Bannock Street
5 -Mr. and Mrs. Roy E. Miller, 2761 South Pearl Street
6-Mr. and Mrs. Joseph G. Heaslet, 3446 South Corona Street
7 -Mr. and Mrs . Dean Karr, 3190 South Hi gh Street
8 -Mr. and Mrs. Carl W. Boom, 3344 South Logan Street
9 -Mr. and Mrs . W. F. Vance, 4012 South Sherman Street
Precinct No. lU -~· and Mr s . C. R . Vail, 4565 South Bannock Street
Precinct No. 11 -Mr . and Mr s. Walter E. Baldwin, 4274 South Washington Street
Precinct No. 1 2 -Mr. and Mrs. Ed Butterfield, 918 West Tufts Avenue
Precinct No. 13 -Mr. and Mr s . Ha.rold E. Moran, 3348 West Chenango Avenue
Precinct No. 14 -Mr. and Mr s. w. A. Unger, 4646 South Mariposa Drive
Precinct No. 15 -Mr. and Mr s . Dale Brooks , 4895 South Elati Street
Precinct No . 16 -Mr. and Mr s. Henry Pritzel, 4951 South Grant Street
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TO :
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PETITIO N
RESCIND IN G BUSINESS
MAYO R AND MEMBERS OF THE CITY COUNCIL
CIT Y Of ENGLEWOOD, COLORADO
RE: BUSI NES S AND OCCUPATIONAL TAX ON
r-,;-ou, 'r· -'~lUG ' ..
LIQUOR OUTLETS li.t>tlicL.I:;\1..•
GENTL EMEN:
T h~ undersigned, licensed liquor outlets in your City, respect fully request
that you RESC I ND the existing Business and Occupational Tax, and as grounds there-
for, would show:
l . That said Business and Occupational Tax is now applied solely to beer
and liquor outlets in this City,
2. That beer &nd liquor outlets are now also required to collect City sales
taxes on these sales. which are producina reve nues far in excess of those being
ob tained from imposition of the Business and Occupational Tax.
3. Th at beer and liquor outlets are thus required to supply a disproportionate
share of the revenues of the City . above and beyond services supplied. resulting
i n gross discrimination against legitimate business enterprise, existing and op-
e rating because of the desires of the majority of the inhabitants.
4. That liquor outlets within your City are placed at a competitive disad-
vantage with similar establishmentsin adjacent communities under the present
circumstances.
BY (SIGN ATURE AN D TITLE)
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OUT LET NAME ADDRESS
~~~~~~~~~~~~--~~~~~~~1 c~~~~~~~~-+~~~~~~~~~~~=£c.~~a(/
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fROM ,
SUIUKT :
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Sta nley H. Dial
Ke lls Waggoner
INTER-OFFICE
MEMORANDUM
DRAINAGE -3100 SOUTH FOX
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OF F t r.l '\1
DATE Octczmr c2', 1969 .··•-:'lT
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c o u:\1,_...~ ._ ...
CITY. OF. ENGLL \\ vCO, C-OLO.
Attached hereto you will find several alternate plans to increase
the carrying capacity of the drainage system in the area of
3100 South Fox or to reroute some of the run-off that would
normally enter the system.
The estimated costs of the alternates are :
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
$ 4,555.46
7 ,275.00
8 ,065.54
10 ,566.00
14 ,135.00
Exhibit F shows the line that was propos e d in the Hoskins ••
Report for the storm drainage in the area and ,as you can see ,
a like solution has been installed across the park land. The
only portion that has not been installed is the line in the
alley east of 3100 South Fox. This design according to the
report would accommodate a 2-year storm which is the usual design
criteria.
Sincerely ,
~(l., ~<-)--~~-----
Kells Waggoner
Director of Public Works
KW:pd
att.
,. ------------------
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.--------------------------------------~---
DARTMOUTH AVE
-t.::l
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...:
Ill -' . ...: -;;t"'
Conatruct Cross pans
aeaove returns
· Replace returns
Construct catch basins (3)
120 L. F. 12" pipe
52 L.F. 10" pipe
BSTIIIATED COST
DIIIBIT A
•
$1 ,296.91
428.86
747.69
930.00
840.00
312 .00
$4 ,555.46
FLIY I
existing
proposed
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485 L.F. 10" pipe adjacent to
existing 15" line -Hand Work
ESTIMATED COST $7,275 .00
DJIIBIT B
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existing
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120 L.r. 1r• pipe
.Mto L.r. 10" pipe
3 catcb buiu
aeaove and rebuild
Reaove retur•
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$ 840.00
4 ,640.00
930 .00
catcb baaia (1) 360.00
92.64
Build squared-out return•
Build era.• pe u
359.86
843 .04
UTIIIATBD COST $8 ,065.54
DIIIBIT C
•
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IZ
t o"
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FLOY 0
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existing
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IZ ~~I
1100 L.F. 15" pipe
2 manholes
ESTIMATED COST
EXHIBIT D
.----------------------~~--------------------------
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$9,900.00
666.00
$10 ,566.00
:><
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F LOY 0
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existing
..------
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proposed •••••••--
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1350 L.F. 18" pipe
1 catch basin
3 manholes
ESTIMATED COST
EXHIBIT E
•
$12 ,825.00
310.00
1 ,000.00
$14 1135 • 00
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EXHIBIT F
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o FFICIA L
C ITY c:r , .'' r.'"' .Ut 1E:'-JT
INTER-OFFICE MEMOPANDUM . ..')
o u · . """t-.LE C I~Y O F LNGLL\.vOD. CO~O.
TO : Stanley H. Dial , Ci t.y Mana ge r DATE: Sep ember 29, 1969
FROM: Jack L. Clasby, Chief of Police
SUBJECT: LU CKY LAD Y CLUB
A review of our records re fl e c s t he f ol lowing number of calls t o he va r iou s
liquor out let s during the pe riod Ma rch 1, 1969, to date:
Casual Lounge 5
Hilda's 3
Magnet Inn 2
Golden Fiddle 1
Bar Harbor u
Hey I.nuie 1
Studio Lounge 4
John W's 2
Lucky Lady Club 39
In comparing the call s to the Lucky Lady Club wi t h call s t o t he s ame es t ablishment
under prior management, ve find that only one police call vas made duri ng a ll of 1968
and one call during 1967.
In comparing the types of calls to the various liquor outlets, ve find t hat generally
the calls are of the saMe type, however, MRnY more of the calls to t he Lucky Lady are
fights and disturbances and of the nature that requires more oolice to handle them.
On previous occasions the police department has con ac t ed t he present managemen t
regarding this growing problem. However, more recently, he nature of the disturbances
and fights is more severe.
Last veek one of our police officers vas assaulted, att empting t o break up a fight among
patrons of the Lucky Lady Club vho had congregated i the parking lot across the street
from the club.
The increased number of police calls to this establ ishment and the severe nature of many
o f t he calls is comp l etely out of proportion to t he o t her liouor ou t lets in Englewood.
Ap p arent ly our efforts in discussing the problem with t he managemen t have not resolved
t he problems, t herefore, I am bringing this mat t er t o y our attent ion f or possib l e council
review and am recommending some suspension of the i r liouor licen~e.
Respe c ful l y ,
ttl'l ;?dJt7 ck L. Clasby
ie f of Poll ce I •
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llllUGI::'f 1970-1971
P'OIUA C. D. ll U -Di
c rry
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Gentlemen:
STATE OF COLOllADO
Dt1trtct No . a
1000 Iauth Holly are«
O...r, Color' .. o IOU2
September 25, 1969
L N. RAAII: -·-
The Stat e Hi ghway Commission of Colorado will be in session at the State
Highway Depar t ment Building, 4201 East Arkansas Avenue, Denver, beginning at
8:30a.m., November 17, 1969, and at 9:00a.m., November 18 and 19, for the
purpose of hearing all delegations interested in the highway program for the
year July, 197 0 -June, 1971.
Due to the time element involved and t he large number of dele gat ions which
attend these meetings each year, the State Highway Comm i ssion urges the various
sroups, viz., County Commissioners, City and Town Councils, Chambers of Commerce,
Ci vic Clubs, Hi ghway Associations, etc., in each County to correlate the infor-
mation they wish to present to the Commission and make the presentation in a
single group, which group should represent the whole County. By doing this
the Commission feels that not only considerable time will be saved but the
Commission will be able to hear all discussion at one time as it affects a
single county ,
It is urgently requested that the above procedure be followed in each
county, and i t would be greatly appreciated by the Commission if the presenta-
tion from each group could be limited to a fifteen-minute period.
All delegations desiring to be heard
sible time, Mr. H. E. Carson, Division of
Arkansas Avenue, Denver, Colorado 80222.
letter as to the time ~f fOUr appointment
ENII: e ~:~c
cc : F . K. Merten
File (Haaie)
should notify, at the earliest poe-
Highways, State of Colorado, 4201 East
You will, in turn, be notified by
with the Commission.
Very truly yours,
CHAS. E, SHUMATE
Chief Engineer
By ~~ .'l 1 ;.L~ 0-
E. N. Haase
District Engineer I •
,
•
TO : Stanley H. Dial. City Manager
•
-
INTER -OFFICE
MEMORANDUM
CITY '0 r F f C" f I' J
DATE · ~tember 24, 19 69
CITY<...
FROM : Ernest P . Ro man s, Director of Parks & Rec reati n .... .. I....JLO.
SUBJECT : REPORT ON 19 69 ATIONAL RECREATIO & PARK CONG RE S IN CH1CAGO
{September 14 -1 )
The 1969 Congress for Recreation and P arks was outstanding in terms of
attendance and programs. Over 5, 000 delegates attended this co nferen ce
whi c h c aused some inconvenience in obtaining living quarters , finding
seating for certain programs and signing up for the conducted educational
tours.
Programs covering the numerous aspects of rec reation and many programs
concentrating on the urban rec reation problems were o ffered. I attended
programs and workshops which I felt would be helpful in making me more
effective in my service to the City. They were :
(a) Arboretum workshop
(b) Use of slides and motion pictures for communic ation
(c) Predicting recreation demands
(d) New techniques and equipment in park maintenance
(e) Computers as a tool to project park and recreation
needs , attendance and maintenance of moving equip-
ment.
The "Outdoor Demonstration " was very interesting and informative . All
types of new park and recreation facilities were demonstrated in one of
Chicago 's many parks . Port able swim pools , portable craft wagon. port -
a bl e b andstand . trenchers . mowers , sprinklers . play apparatus . tree
trimming equ ipment , loaders , shredders, bleachers and Lay-Kold sur -
fa cing for tenni s courts were all on display.
The principal speakers at the conference were Walter J . Hickel. Sec-
retary of the Interior, and Dr . Ian L . McHarg, landsc ape archite t and
city planner . Secretary Hickel was impressive in his address making it
c lear that conservation and business (timber interests, etc .) c an and
must work together . He also reported that he has submitted to the
President a six billion dollar plan for cit y parks in urban areas . (see
attac hed clipping)
Dr . Ian MeHarg deli vered his message with a thick otch accent stating
that man is the spoiler of the earth , a disease th a t was placed on a lush
e arth full of clean water , clean air and beautiful forests and landscapes .
He predicted that man will bring about his own end by his own doings . H
~ -----
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Mr . Stanley H . Dial -2-September 24. 1969
also said , "Already man is drinkin~ antiseptic sewage. our industries
are not housebroken and the only good thing the vandals (man) have done
so far is to provide some programs fn r organized sweating (rec reation).
er
enc .
EHNEST P. ROMANS . Director
Parks and Hecreation
I • •
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October 3, 1969
TO : Stc>phen ' Lyon, Director of Finance
FROJI.I: B rnice J . Bat e ", Municipal Court Clerk
SI I BJECf:
~ C'o
1ATIONAL ASSOCIATION FOR COURT ADMINISTR~~N . "" through S e ptember 2 9, 1969 ' 7
Septemb er 27 ,
Albuquerque, New Mexico
Thi s is a n e w Asso ciation bein9 formed in regar d to the
b etterment and uni fo rmity of all courts. Cla sses and
discussion pan els were held daily in 1 0 different phases
of Court Ad mini s tration.
a. Percnnret Manageme nt
h. Rplat i o n sh ip with other A9encies
c . Panel Discus sions
1 . Cri minal Proced ures
2 . Ci vil and Smilll Claims Proced ur e
3 . Traffic Procedures
4 . Acc o nnting P rocedur s
rl . C ourt Ad ministration
e. Amc>ri cn n Jud i catur e Society
f . Ilow ·~•·' in'). of th e Supreme Court aff ect us
g . Public el atir>n s
h . Ou r part in L e~islativ e Sessions
i . Driv r Improvement School
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Among some of t he speak e rs and moderators of these panel s
wer e : George Schold, Personnel Director, City of Albuquerque,
Pa ul Pomponio, Adminictrator of County Court, Denver, J e rry
Blaine, In d ustrial Sp c . on Jud icial ~Jministration. Fabian
Chav 7
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Former Stat e Senator, LorPn 70 Tapia, Attorn y and
F'orm e r Chi e f C<>u nc:p l , t'. S. S e n ate, Hon . Jo s e ph M. Mon toya,
1'. S . Sen n r, 'Pw Me x i c o, and ma n y oth P r pr o mi n e n t p opl
•·Jho ar e int e r _t ed a n d c oncc>rnrd in th b ttcrment o f Courts.
I a t <.>n cl i\11 t h(' ahove ment ion ed pan ls, wh i c h c o n s i s te d of
all rlav, Sa t urtlav, Su n d a v and 1'1o n n ay , gainin g mu c h h •lp a n d
1 nfo r m<1 i o n t o war l c; mv u n rlrr s tanci in g and kn o w lr>rl n e of Court
'rl mini"-tr iltion . I n c>a c h o f h '" pan e l s t hC'r P w r o i--c u s ion s ,
q u pc: io a n r! ;.nc..••••r p P ri o •l s a -= o c ourt "Y" Pm..,, hrou gho ut
o u r cu u n trv , t h P n <'<'rl fo r mo r r c n l]n i t ion , • ri cal i\S i c:tan c P,
mor c i ' !)i\r i r ipat inn an d i t P T -.t a -. tv r>l l a"-co n c i dc rati o n
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Thereis a propos e d In st itute of Court Administration being
set up at San Jose Stat e College, San Jo~e, California, for
fur th er a d vanc e me nt ann trai ning of the Court and Administr-
ative knowled ge n cerl~d to bring about the advancement in our
C o ur t s vstem.
A ma jor con ce rn as to the Supreme Court ruling s and how they
affect us , as a n ex ample, "they took Prayer out of the schools,
b t' t p 1 :1ced Sex c n ucat ion in," to become more aware of what
the S11prem Court rulings are, the back log of many Court
sys tems, a n d in k ee ping current with the procedures and
me hods of courts and why, that Judges should not be required
o be cou rt administrators, and that we have qualified people
t o rely o n in thi~ c apacity.
The Co ur Clerks all over the country are in the process of
forming ~ta p Organizational meetings to bring about better
understandings, so lving problems that arise in our own state,
b e tt er wor kina con d itions and understandings between the
n iffer e nt age n c ie s , s uch as law enforcement, police departments,
Sheriff's offic es, Management, City and Court itself.
I feel thi• co nve nti on was very beneficial and educational to
myself, a n d to o11r Municipal Court here in Englewood, and at
this time, I wish to say "Thank you" for allowing this trip,
and will hope th at we can anuance and partake in future
conferences that ar e plann ed for the coming years ahead.
Municipal Court Clerk
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REGULAR MEETING OF THE CAREER SERVICE COMMISSION
CITY OF ENGLEWOOD, COLORADO
SEPTEMBER 18, 1969, 7:00P .M.
PRES ENT : J . F. DeVivier, E. L. Ausfahl, J. F. Murphy
ABSEN T : H . R . Braun
C' C', ALS O PR ESEN T : Ge r ald D. Wells, William F. Brokat~r •
o~.
THE FOL LO WIN G MOTI ONS WERE PASSED FOR APPROVAL: (/: •c ((
1) Th e minu tes of t he last regular meeting as pri n t e d.
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2) The following anniversary increases effective October 1, 196~(q
NAME TITLE & DEPARTMENT
BROKATE, William F. Building Inspector
Bkmbl. Librarian CZARNY, A de line
HERNDON, Darrell
HOLLOMAN , Paul
KAHM, Richard
MASCHKA, Robert
MCLENNAN, Donald
Chief of Sales Tax, Finance
Plant Operator, Water
Engineering Aide III
Maintenanceman, Street
Patrolman 3rd Class
3 ) The following terminat ions:
BECK, Clarenc e Plant Operator, Sewer
Effective 8/23/69
CO TT RI LL, Le la n d Plant Operator, Water
Effective 9/4/69
WEYERS, Wal t er Maintenanceman, Street
Effective 8/31/69
WINN , Lester Maintenanceman, Street
Effective 9/10/69
4 ) Th e following new hires:
LAHMAN, Lloyd Building Inspector
Effective 9/2/69
OLIVER , Suzanne I nt er Clerk Typist,
Effective 9/4/69
Library
BU SSEY , Rober t Maintenanceman, Street
Effective 9/10/69
GRADE &
STEP
22F
17E
24E
20E
22D
17E
21D
20A
20D
17F
17E
22A
12A
1 7 A
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New hires ( cont 1 d.)
GRADE
NAME TITLE & DEPARTMENT STEP
MELVIN , James Maintenanceman, Parks & Rec. 17A
Effective 9/11/69
ROULEAU, Joseph Maintenanceman, Street 17A
Effective 9 /17/69
STANLE Y, Allan Dispatcher, Police l4A
Effective 9/13/69
MYERS, Charles Plant Operator, Water 20A
Effective 9/16/69
GOUGH, Wallace Fireman 19A
Effective 9/17/69
MCKAY, Louis Fireman 19A
Effective 9/16/69
MORROW, Rodger Fireman 19A
Effective 9/16/69
ZIMMERMAN , Clarence Fireman 19A
Effective 9/16/69
Fireman Gerald D. Wells appeared before the Board in regard
to his progress report which resulted in his anniversary increase
not being approved.
The Board informed Fireman Wells they could not make a
decision, as the only information they had was what was written
on the progress report and what he (Fireman Wells) had told the
Board . The Board asked the Personnel Director t o meet with
Fireman Wells and his supervisors and report back to the Board.
Mr . William Brokate appeared before the Board and stated
he did not believe it was generally known to empl oyees when
the Board meets and suggested a notice be placed in the"Credi t
Union Lites" informing employees of the time and place of the
Board meetings .
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Mr . DeVivier asked Mr . Murphy if City Council had acted upon
the Board 's recommendation to pay an employee one half day's pay
for every sick day accumulated ove r 90 days upon retirement and
if there is still a limit on t he amount of sick leave that may be
accumulated.
Mr. Murphy stated that City Council did not a ccept the Board's
recommendati on to pay an employee one half day's pay for every
sick day accumulated over 90 days upon retirement, and that the
maximum am ount of sick leave that can be accumulated is 9 0 days
with the e xc ept i on of the Fir e Department. He stated that the
"Lett e rs of Und erstandin g " co ntained a statement that the City
would try to exte nd the amount of sick leave accumulation during
1 97 0.
Mr. DeVivier stated it is very necessary to h ave an extension
o f sick leave before making any statement of paying an employee
for part of it up on his retirement.
The Board discussed the misuse of sick leave. Mr. DeVivi er
suggested sending a letter to employees who mi suse their sick
leave notifying them that further misuse of sick leave may result
in their dismissal.
Mr. Murphy reiterated City Counc il's desire for clarification
on the Boa rd's recommendation of establishing a special fund from
which special a ct s awards could me made.
Mr . DeVivie r suggested setting up a suggestion system whereby
an employee would receive a monetary r e ward for a suggestion that
was accepted and result ed in a savings to the City .
Mr. DeVivier stated that the key to a successful suggestion
system is to give it publicity and give every employee an opportun-
ity to tur n in suggestions without going through his supervi sor.
He also stated there woul d be a need for a sound committee who will
take the s uggestions that are turned in and decide which are
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feasible and refer them to the proper department . If they are
acceptable , and cause a savings to the City , the committee would
then make a moneta ry award to the employee who h a d made the
suggestion. He suggested awards of up to $100 depending upon the
value and savings to the City of the suggestion.
The meeting wa s adjourned and the next meeting is set for
October 23 , 1969 .
J. F. bEV!V!ER
Chairman
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CITY c-' "!:NT
REG ULAR ME E TING J
ENGLE WOOD P UBLIC LIBRARY BOARD
SEPTE MB ER 9, 1969 c r r_::
C ITY OF CI~<...._L ..
The r egular m eet ing of t he Engl e wo od Pub! ic Libra r y Bo a rd wa s cal le d to orde r a t
7 :5 0p.m . by Mrs. Beverly Simon , Chai rman.
Present: Beverly Simon, Ray Walsh, Harold Mill e r, Dallas Dhor ity, a nd Harr iet Lute.
Absent: John Maxwell a nd Muriel Smith.
A quor um was dec lared . M in ute s of the last meeting were a pproved . Mrs. Simon
we lcomed Mi ss Harriet Lute, new Director of Libraries. Miss L ute gave a brief r esum e
of her background and stated that her philosophy is "library service to a ll use r s --actual
and potential !'.
Mrs. Simon gave copies to each board member of he r ope n letter to Mi ss Lute that was
shared through the Englewood Hemld , c ourtesy of the "Book Drop ".
Monthly statistics were presented , discussed and c ompare d with August , 196 8.
The incomplete Summer Reading Statistics were given to the board. Mrs . Simon reported
that Mr . Li ndsey hopes to give some acknowledgment to the schools. At the completion
of the program on September 15 , statistics, compiled by schools and grades , will be given
to the schools and Library Board.
Mrs. Simon gave a report on the August mee ting of the Central Clllorado Library Council .
The systems has hired an anaylist in data processing to deteruine1bie fe as ibility of a
centralized process ing and acquisitions center . Some librarie,; .nay interpret t his as
giving the Central Colorado Library System too much power and they would become a
powerful tax unit. If the central processing is feasible it was suggested that they move
forward slowly . Members of the board expressed their opinion that the local citizens
may not want to support the library as they have in the past if they feel that some of
tbeir tax monies would be used toward supporting CCPLS .
Miss Lute reported on the Denver Regional Council of Governments meeting she attended
with regard to tbe necessary steps in applying for matching construction funds .
Mrs, Simon opened a discussion on the Comprehensive Plan for Englewood. The Rotary Club
is placing emphasis on a Heritage Park, to be recreated a t Belleview Park. It was also
suggested that tbere should be a locked case containing rare book s and documents pertain-
ing to Englewood 's history . Miss Lute stated that preservation of printed materials on
local history should be a concern of the library, but the entire board agreed that the
gathering of tbe information ahould be a project of the entire community or of a group,
such as the Friends of tbe Library.
Miss Lute reported that tbe architect's fee has been propose d in the 1970 budget . Mr . Dhority
expressed the opinion that tbe city has more immediate needs in other departmentAl which
may have to come first. This ·may in:fluence the proposed 1970 library budget. Discussion
was held on this possibility and it was suggested by the board members that the citizens
of Englewood should be made aware of what tbeir Public Library has available to the•.and
stimulate interest In using this facility .
The Library Board is to meet with the city council on November 17th. The board asked
Mi ss Lute to see if this meeting might be postpone d or cancelled, as it was too close to
the November 4th election.
Miss Lute stated that the library staff, and city hall , ha ve been very co-operativ and
helpful. At the present time the staff is c omplete except for a page on the bookmobile.
The library has employed Mr . Jennings Campbell to work from 7-9, Monday through
Thursday nights. The high noise level in the library is partly due to the acoustics , not
to discipline . To insure better control of the refere nce collection, it should be better
placed . The staff Is to suggest a more suitable locatio n.
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Mrs. Simon requested that the board members read and become m ore acquainted with
the library policy statement. It was decided that a copy of the library poli cy will b
mailed to each m ember before the n ext meeting.
The meeting was adjourned.
Respectfully submitted,
Joanne Sedgwick
Recording Secretary
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CITY OF ENGLEWOOD PLA NING AND ZONING COMMISSWN-i"l lE
September 3, 1969 ~n: OF -,~cu::,.,.:; o. co
I. CALL TO ORDER .
The regular meet1ng of the City Plannin g and Zoning Commission was
called to order at 8 :35 P . M. by Chairman Woods.
Members present:
Members absent;
Carlson; Le ntsch ; Touchton ; Woods
Lon e; Parkinson
Romans, Ex-officio
II. APPROVAL OF MINUTES.
Mr. Woods stateo that the Minutes of August 12, 1969 , were to be
considered for approval.
Lentsch moved:
Carlson seconded: The Minutes of August 12, 1969, be approved as
written .
Th e motion carried unanimously.
III. LITTLETON REZONING CASE #36-69A
August 12, 1969
Mr. Woods asked if the re were a spokesman for those present who were
in opposition to the proposed rezoning by the City of Littleton of
property 300 ft. to the west of the Englewood city limits at approxi-
mately South Elati, and south of Belleview?
Dr. Luck
5165 South Elati Drive--stated that they are confused by the action
of the Littleton Planning Commission, in
that they seemed to agree with everything the opponents had to say,
yet they recommended that the rezoning be approved and sent it for-
ward to the City Council of the City of Littleton. Dr. Luck stated
that there is presently a small piece of the land east of Progress
Park that is zoned R-5, and the request is to change land as far
east as Galapago to R-5. Dr. Luck stated that if the rezoning of
the present request is approved, the applicants will request re-
zoning for the 300 ft . between the Englewood city boundary and the
present request. R-5 will permit high density apartment use, and
Dr . Luck stated that if they build high-rise buildings the view
wi ll be obliterated to the west. Dr. Luck stated that the opponents
had obtained 64 signatures on the petition which was presented to
th e Littleton Planning Commission from within the immediate area.
Dr. Luck stated that the residents are concerned about the environ-
ment in their area, and that more and more rentals are going in
in the immediate area, and he mentioned that one of the residents
on South Elati Drive has even asked for commercial zoning along
Be lle view. Dr. Luck stated that there are some "beautiful homes"
in the area, and that they would like to s ee the area remain as it
is . He felt Progress Park in Littleton served as a natural barrier
and that hi g h density zoning should be to th west of the Park.
Dr. Luck stated that they had talked to Mr . Buckmaster, who developed
th homes on South Elati Drive, and that Mr . Buckmaster had stat e d
that h e tri e d to purchase the subject land s veral years ago for
sing l e -family development, and the prop rty owner would not sell.
Dr . Luck stated that they were cone rn e d about th e traffic situation
on Be lleview Avenue, and stated that it is difficult for those
r idents on Elati Drive to get onto B llevi e w to go to work at the
pr s e nt time. He stated that h e f lt th turn into K-Mart is causing
pro bl ms, and there have been seven accid nts on th Engl wood side
of th stre t at th e new park, and five on the Littl ton side of
th str et at th n ew park . Dr. Luck again stated that th western
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vi ew f rom t h e pr ope rti e s o n Sou th E l at i Dri v e will be obstr u c t e d,
and stat e d that a r e cent court d e c i sion has stated that a monetary
valu e c an b p l ace d on ''vi ew". Dr. Luck ask e d what plans En g l e wood
has for t h e area, and s t a te d th a t t h e reside nts would like to know
wha t an y propo se d c han ges would be.
Mr. Wood s stated that there a re no plan s by th e City o f En g l e wood
to c han g zoning i n t h is are a . Mr . Woods poin te d out that th e
City of Engl wood has tried t o c oope rat e with th e City of Littl e ton
on previous r zoning re qu e s t s, and whil e th e City of Engl e wood may
mak e ''suggestions" w c anno t "te ll t h e m how t o run th e ir c ity".
Mr. Wood stated tha the City o f En g l e wood is also con cer n e d about
th traffic situation, but t h at this probl e m c an b e solv e d , and
h did not f l that the pr obl e m o f tra f fi c a l o n e is re as o n e nou g h
to d ny a r zoning r quest.
Mr . Jam s Finn
5166 South Elati Driv --s tate d that th e attorn e y f or t h e appl ic ant
s t at e d ther e had b ee n a "change in th e
n ighborhood" and us e d this stat e me nt for j ustifi c ation o f th e r e -
zoning r ques t. He stat e d that th e attorn e y for th e appli c ant c ited
th K-Mart Store, th e n e w park at Belle view and South Inca in th e
Cit y of E n g l wood , and th e increas e d traffic as "changes ". Mr.
F i nn s tated t hat t h e appli c ant's attorn e y not e d that th e t r affic
has i ncreas e d f rom 5 ,000 cars p e r day to 16,000 cars p e r day. The
Lit t l e ton Plann i ng Commission approved the r e zoning on th e basis
that th e applicant had shown a change in character in the neighborhood ;
Mr . Finn aske d if this was a basis for rezoning requests?
Mr. Woods repli e d that it was not entirely a basis for r e zoning.
Chan ge in c haract e r of a neighborhood was considered , but was not
th sol e basis for a r e zoning request in the City of En g l e wood .
Mr. Carlson not e d that wh e n th e prope rty at Broadway and Be lle view
was ann e x e d to the City, it was basically vacant land , and that the
K-Mart stor e has b ee n d e v e lope d sinc e that time .
Dr. Luck stat e d that h e had att e nd e d th e meet ings of the City Planning
Commission at whi c h t im e th e zo nin g of t h e ar e a south of Be llevi e w
was dis c uss e d , and that a c ourt decision r e v e rsed the annexation
and th e p e rmit for K-Mart was obtaine d whil e the property was stil~
in th e County and und e r County zoning . Discussion follow e d.
Dr . Luck stat e d that th e applicant had appar e ntly been assured by
t h Engl e wood Ut ilitie s De partment that wat e r would b e availabl e
to th d e v e lopm e nt in th e e vent that they could not obtain sufficient
wat e r from Littl e ton , and had a l e tter of int e nt to that e ffect
whi c h was i n th e f ile b e for e Littl e ton . Mr . Carlson stated that
h e und e rstood Little ton had a contrac t with Denv e r for water , and
that De nv e r mig ht hav some thing to say as t o where water is obtained.
Mr. Ca rlson also said that th City o f En g l e wood is willing to sell
wat e r to r c sid nts outsid th C i ty limits , and that we have tri e d
in th pas t to d o so wi t h L itt l to n , but t h e y signed a c d ntrac t
with D n v r.
Mr. Lentsch ask d if th r zoning r qu st h ad passed th e Li tt l et on
Planning Commi ion ? Dr . Luck stat d that th r e qu e st had p a s s d
th Planning Commi 1 o n. but ha not y t b n p as s e d b y t h e L ittl to n
City Coun il .
Mr . Finn stat d that th r i a 300 ft. distance b etw n t h ba c k
prop rty lin of th Engl wood r an d t h r qu e st e d z on
chang ; but, th ntir pro p rty i s ow n d by a "f amily " and it s eems
to be th i d a th a t 1f on g ts his pi c o f land r ezon e d th o th e rs
wil l try on th irs. Furt h r disc us sio n f ollow d .
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Mr. Carlson point ed out that the mat ter of whether the rezoni n g is
passed or not is really out of our j urisdi ction. He stated that
we can, a nd have in th past, make a recommendation or suggestion,
b ut we cannot really do eve n that unt i l we are asked for an opinion,
an d to this date we have nothing official from the City of Littleton.
Mr . Woods then stated that he didn't feel the Planning Commis sion
could dictate to the Water Board as to whom they could s 11 water
to whom they could not s e ll wa ter . Mr. Woods stat e d that h e didn't
feel it would b e out of line, however, were the Planning Director
to write to the Littleton City Council and say that we don't fee l
we have been gi ven an opportunity to review the rezoning, and
suggest that possibly action coul d b e d e lay e d until the City of
Englewood is g iven such an opportun ity .
Mr. Finn stat e d that the Littleton Plannin g Commission r eferr e d to
an "overall pictu re of Littl eton" and that this property was not e d
as R-5 on t hat "pictur e ". Mr. Carlson stat e d that this would have
t o b e th e Mast e r Plan , suc h as th e City of Engl ew ood has .
Discussion followed . Mr. Lentsc h stated that h e fe l t t h e two
members o f our Planning Commission who ar e also City Councilmen
should be present before any official action is taken by this
Commission.
Mr. Woods stated that if it was the c once nsus of th e Commission,
th e Planning Direc tor would b e aske d to write to Littleton and
request an opportunity to review the r ezoning reques t, and also
ask that action by the City Council b e delay e d until th e City of
Engl e wood has had the opportunity to revi e w th e request .
Dr. Luck ask e d that if such l et t er was written, that he b e s e nt a
copy.
IV, CONTINENTAL NATIONAL BANK
Off-street Park1ng: ~
Blk. S. Bannoc k i.e. 3400
Blk. S. Sh er man .
CASE #37-69
Mr. Roland Muhrer of the Continental National Bank was pres e nt to
discuss the request of the Bank that their emp lo yee parking lot b e
located in the 3400 block of South Bannoc k rather than in the 3400
block of South Sherman , where it is pr e s e ntly located . Mr. Muh rer
stated that a permit has b ee n issued for the two c urb c uts to the
parking lo t, and wo rk will begin v e ry shortl y.
Mr. Carlson ask d how many spaces the Bank is providin g ov r -all?
Mr. Muhrer s tated that the first plans showe d 183 spa ces on the
Bank sit e, but that a rearra n geme nt has resulted in fewer spaces.
Mr. Carlson stat d that when th e first plan was approved in c on ce pt,
we allow d th stacking lan e s for the drive -up windows to count as
par king spac s, but th practice has now b ee n changed and these
spaces cannot b count d toward "parking spaces".
lr. Muhrer stat d that th bank has 25 spac e s at their "sat e llite"
bank locat d at South Sh e rman and East Hampden Av e nu e. Th e parking
lot on South Banno c k in the 3400 block w1ll accommodate 42 cars
und r th n ew plans. Discussion follow d . Mr. Muhr er stat d that
th lending ag n y would not approve anything less than 183 spac s
wh n the Bank was built, and that this also m t the minimum requir -
ments of th Zoning Ordinance. Mr . Muhr r pointed out that th re
is only one bank mployee parki n g on t h e actual Bank site at the
pres nt time, and th rest of the e mploy e s ar using th 3400 South
Bannock sit e, or th sat llit e bank sit for the mploy es at that
bank. Mr. Muhrer pointed out that on th Bank sit its lf, spaces
were lost when plant rs w re put 1n , and that these plant rs wer
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required to be installed by a covenant the Bank had with Mr. Von
Frellick, d e v e loper of the shopping center, and from whom the Bank
purchased their property.
A resolution pr e par e d by City Attorney Criswell was considered.
Discussion f ollowe d .
Touchton mov e d :
Carlson s e cond e d : Th e f ollowing r e solution be adopted, and recorded
with th e County Cl e rk and Recorder.
RESOLUTION
A RESOLUTION OF THE ENGLEWOOD CITY PLANNING AND ZONING
COMMISSION APPROVING THE PARKING PLAN FOR THAT FACILITY KNOWN AS
THE CONTINENTAL NATIONAL BANK SUBJECT TO CERTAIN CONDITIONS HEREIN
SET FORTH, PURSUANT TO THE PROVISIONS OF 1122.5-5 OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEW OOD.
WHEREAS, §22.5-5(g) of the Municipal Code of th e Ci ty
of Englewood requires that any off-street parking plan d e sign e d
for the parking of fifty (50) or more vehicles, to comply with the
provisions of 822.5-5(a), must be approved by the City Planning
and Zoning Commission, and
WHEREAS , pursuant to the prov1s1ons of said Ordinance,
this Commission has heretofore approved such a parking plan for
that facility known as the Continental National Bank Building, and
WHEREAS this Commission has received a request that
said parking plan b e changed and amended, which request this Com-
mission has h e retofor investigated,
NOW, THEREFORE, BE IT RESOLVED by the City Planning and
Zoning Commission of the City of Englewood as follows:
1. That that realty, located within the City of Engle-
wood, County of Arapahoe and State of Colorado, known as Lots 13
and 14, Block 3, Flood's Addition to the City of Englewood, is
hereby approved for use as an off-street private parking facility
and the parking spaces to be located thereon shall b e considered
as a part of those parking spaces required by the provisions of
822.5-5(a) of the Municipal Code of the City of Englewood to be
maintained so long as that realty described on Attachment A hereof,
or any part thereof, shall be used as an office building or banking
facility .
2. That, so long as the r e alty d e scribed on Attachment
A h e reto is used either for an office building or for a banking
fa c ility, th e r e shall always be maintained upon said Lots 13 and
14 , Block 3, Flood's Addition to the City o f Englewood, sufficient
f a c ilitie s f or th privat e off-street parking of not l e ss than 40
v e hi c l e s and no oth e r us e of said realty shall b e maintained
th r e on .
3 . That , so long as th e realty d e s c ribed on Atta c hm e nt
A he r e to shall b e us e d e ithe r as an o ffi ce build i n g or a bank i n g
facili ty, th e r e shall b e maintain e d upon said r e alty su ff i c i e nt
faci liti e s for th e privat e off-str ee t parking of no t l e ss than
1 83 v e hicl e s.
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4. That nothing herein shall be construed to modify,
abrogate or otherwise change or effect the present provisions of
S22.5-5(a) of the Municipal Code of the City of Englewood.
Attest:
Secretary
The motion carried unanimously.
V. STREET NAME CHANGE
State H1ghway 285
West Jefferson Drive -
Hampden Avenue to
Hampden Drive.
ENGLEWOOD PLANNING AND
ZONING COMMISSION.
By
----------7C~h~a•lrr~m~a•no-------------
CASE #38-69
Mr. Woods stated that Mr. Peterson, who was to have been present
for this discussion, had been unable to attend.
Mr. Carlson stated that he did not feel that it was up to the
Planning Commission to initiate the name change. He also felt
letters should be sent to every person and business that had an
address on this highway notifying them of the consideration and
asking for comments. Discussion followed.
It was the determination of the Planning Commission to wait for
further action until Mr. Peterson was present to discuss the matter.
VI. DENVER REGIONAL COUNCIL OF GOVERNMENTS.
Mr. Woods stated that he had oeen unable to attend the last Policy
Committee meeting, and stated that he would like someone else to
attend the meetings, as he frequently cannot do so. Discussion followed.
The meeting adjourned at 9:30 P. M.
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION
OF THE CITY PLANNING AND ZONING COMMISSION.
o rrlt::IAL
DATE: Septemb r 16, 1969 C ITY r r >~'''VI E T
SUBJECT: Location of Columbine Freeway T "'·~ 1
COMMISSION ACTION:
Mr. Lone mov d:
Touchton s e cond e d:
C O ' . oG FILE
CITY OF ENCLC hOOD, c-r-• ..,
Th fo llowing resolution b e approved by th e City
Planning and Zoning Commission and referred to th e
City Council:
RESOLUTION
WHEREAS , for some months th e Planning Commission has carried on an ex -
t e nsiv e investigation and r e vi ew of th e matter of the alignme nt of the
propos e d Columbine Fr eeway (Eng l ew ood Expressway), and
WHEREAS, to this e nd, this Commission has reviewed the Me ure r, S er a f ini
and Meurer report thereupon; has reviewed the Gingery report thereupon;
has co n ferre d wit h representatives of th e State Highway De partm ent and
repre s entatives of Von F re lli c k Associates, Inc.; has attended conferences
and pane l discussions thereupon and has solicited the vi ew s o f surrounding
governmental e n tit i e s, and
WHEREAS, as not e d in this Commission's report to Council of August 14,
1969, it was the intent of this Commission to have met with the Trans-
portation Committ ee of the Englewood Chambe r o f Comm e rc e, which has also
carr i e d on exte nsive studi e s of th e probl e m, prior to r e nderin g its
recomm e ndation thereon; and
WHEREAS, the Tra nsportation Committe e of the Englewood Chamber of Com-
merce has, on S ep t e mb er 12, 1969, mad e its recomm e ndation to the
Englewood Chamber of Commerce wherein it recommended that:
''The Stat e Highw ay De partmen t b e requested to:
1 . Improv e Santa F e Drive by increasing it to a
six lane arterial with a center turn lane, for the
prime purpos e of s e rving local ar e a traf f ic, and
2 . Construct th e Englewood Fr eeway (Columbine
Fre eway ) o n the recomme nd e d we stern alignment
absolut e l y as soon as possible ."
WHEREAS, th s e steps solv e n ot only th e immediat e, but the long-ran g ,
f uture traffic n ee ds of the area,
NOW, THEREFORE, BE IT RESOLVED t hat the Plannin g Commission of th e City
of Englewood, whos e re sponsibility as s e t forth in the City Charter is
to recomme nd to th City Council of the City o f Englewood a comprehensive
plan for t h e physical d e v e lopm e nt of the City of Englewood, supports and
ndors e s t h e r ecomm e ndation of the En g l ewood Chamber of Commerce T ra ns-
portation Com mi ttee, a nd
BE IT FURTHER RESOLVED that the City Plann ing and Zoni n g Commission
r comm nds to th Engl wood City Council that inasmuch as t h e aforementioned
two-step recomm ndation of t h e Chamber of Comm rc Transpor tat io n Committee
coinc1d s with th fin dings of the Commission, that it be the official
position of th City of Englewood in the matter of th alignment of the
Columbine Fr way."
AYES: Carlson ; Lon
AYS : L nts h
ABSENT: Park1nson
Th motion arri d.
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Touchton; Woods
By Order of t h e City Plannin g
and Zoning Commission .
.',~ ~~~ iW cbf ~eary
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CO',•r,_IL. ' /; FI LE
MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDINO:::mr.NOlP'EJ'RL IJt~~ENf>1fhoN
OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: S e pt e mb er 3 0, 1969
SUBJECT : Ar apaho e Co u n t y Di s t rict Court Dec ision
RECOMMENDATION :
Lone mov e d :
Touchton s ec ond e d: Th e Planning Commission r ec ommend to City Council
that no appeal b e take n f rom the decision of the
Arapahoe County District Court in th e c as e o f th e City of Englewood
vs. Oliv e r Kingsley and Joey Potts r e lative t o the sale of a portion
o f a parc e l of land in th e 1900 bloc k on We s t Harvard Avenue.
The motion carri e d unanimously.
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By Or d e r o f t h e City Planning
and Zoning Commission.
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,.._r ,...I ':.IAL ·~ , -u IE" T
C ITY C
; f :LE
CITY 0 lmGLEWOOD J COLORADO C O · -~ c oLO.
CITY OF LN!....:..C ,\<.A;D ,
BOAP.D OP ADJUS'l'Mtm'l' Am> APPEAIS SPECIAL JtiB.B'1'D1G -AOGUS'l' 20. 1969
Chairman Rhodus called tha meeting to order at 8a00 P. 11.
MEMBERS PR.ESEN'.r: Wetteratrom, Pi t.chford. Mezen, Rhodus
.MEMBERS ABSEB'l' t Clayton
OTHER ---------------
E~wood-Littleto~ Rubbish nemov~l~------~------------·--~C~a~s~e~N~o~.,~6~9-~7~5~--
3S50 ~outh Kalamath
The applicant ia requesting a var.ance to erect a masonry building in
an I-l Zone adjacent to a resideD~ial zone on the property line.
The ordinance requires a 25 ft. eetback but the rest of the block is
built up with the buildings or the property line . 'rbe buildingq were
bui.lt prior to the requirements f,,r the setback. The property has been
poated and advertised.
Mr. wm . E. Lenderink
2128 So. Clarkson -sta·tes he is t e contractor for. the proposed bui.lding.
Joe Silo
The plot ie 175 ft. by 125 ft. and the build'ng
would be 170 ft. long. There would be a 5 fi:. strip
along the builling Which would be blacktopped and
used for the s~orage o f barrels. This will be a
aonry buildiag with no windows u~ed for the
a tor age o! the r trucks and busil'less . There is
an 8 ft. ll&y.
4095 south Jason -eayo he is intl!rl!!lJted in the property because of the
dr&inaqe p1:oblem in the area •
.l(r . Lender ir..k said the drainage woul d go to KalBl!Ulth and would b~ed
by .the City Engineer.
~ere was discu sion by the Board ~'t they would rather have th~ building
the 175 ft . ins-cead of the 5 ft. setl·ack to collect tr h etc.
'1'h owner,Mr. Lenderink, s tated thoy had n o ob j ection and 'WOuld be happy
to b ild th building the full width o .: the lot of 175 ft. Tbere woul d
be no windows in the aide or back o f tl.e building.
zen mov d.
Pitchford aeconded, the variar.ee be granted provided the
building ig built the full width of
the lot •
Ayeaa .etterstroa, Pitchford, Hezen . Rhodus
ays* None
Absenta Clayton
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Darre+l Stul t~. for
Stultz Constn.ction Case No. 69-76
1055 West OXford Ave.
The appl i cant is requesti ng permission to erect an office building in an
I-l industrial zone which i s a dj acent to a residential zone. The ordinance
r equires a 25 ft. setbac l.: wi th screening. The applicant states this is
not an incluetJ·i.al uae and mu ch o f the block is built up prior to the
ordinance requiring B"thack and d o not have the required setback.
Joe Bl.lo
4095 South Jaoon -states this p roperty is direcUy behind hill property
~nd io c oncerned about the drainage.
The appl i c ant discussed the dr inage and stated it would be drained t oward
OXford and o ffered to fill the rear yard of Mr. Bilo s o the drainage from
North of the block wo uld not pool in his rear yard.
Also the drainag e l'IOu ld hav e to b e approved b y the City Engineer b e f ore
the Buildi ng Permit io issued and the property needs a subdivis i on
iaiver from the Pln."Uling Commi o s i on before a permit can be i s s ued .
Wett;erstrom mov e d,
Mezcn s eco n ded , t h e vari ance be granted providing a subdivision
waiver is obtained and the drainage a pproved.
Ayea a Wett era t rom . Pitchford, Hezen, Rhodus
Na y a t None
Ab sent: Clayton
!£llcview An~ a l Hospital , Inc. CUe No. 69-77
2 0 0 West Leh~1 Avenue
The a,ppl;_cant r e que<J ted a varianc to erect an animal clinic with part
of the site bain g in an R-3-B zone . Most of the site is in a B-2 zone
adjacent ~o the R-3-B zon e the portion in R-3-D is a 25 ft. x 150 ft.
Pit•:hford moved,
Wet ers trom seconded, the variance as requested be granted.
Ay e·u
Ilay :
Abs e nt:
Wetterstrom, Pitchford, Mezen, Rh~due
5one
Clayton --------
Robe rt Kauan Case l!'o. 69-78
4390 South ro.x
The applic ant r equested permission to erect a 6 ft. solid fence along the
house on ort~ pro per ty l ine and a distance of 22 ft. along str et side
in rear all per a t t ached ok e tch. 'the property owner to the south signed
a stat ent indicating no objection . 'i"hitl fence r places an old existing
fenc •
Wette rstrom moved,
Pitchfor d seconded, th variance »• granted for the fence
•• per attach~~ aketch.
Ayes a
Jfaya a
Ab s ent a
Wetterstrom. 'ltc~ord: .,.
ne
Cl yton
There being no further busineas to caae
adjourned at 9a00 P. M.
eze , Rhodus
theBoardth wu
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CITY . · :) fi LE
E.NG ' !: "'COO, C Ol..(), REGU LAR MEETING
ENGIDiOOD WATER AND SE1-JER BO ARD -SEPTEMBER 16, 1969
The mee ting was called to o rder by Chairman Frantz at 5 :10 P.M.
Memb ers Present: Brownewell, Frantz, Oliner , Robohm
l1el'lhe rs Absent : Kr eilin g, Lay, Schwab
Ot:1 er City
Officia ls Pre sent: Utilities Di rec tor Carroll, Le gal Consultant Sh i ve rs
Th e following letter from Mr. Dav i d B. Shupe of R. v. Lord and Associates , Inc ., Consulting
Eng in•ers , re presenting Country Homes Subdivision and proposed Country Homes Sanitation
Di s trict, was read:
11 R. V. LORD AND ASSOCIATES, INC.
Engineering Consultants
P .O. Bo x 335 , Boulder , Colorado 80302
Mr . Charles Carroll
City Ut ilities ·Director
Ci ty of Englewood
3400 s. Elati
Englewood , Color ado
Dear Mr . Carroll:
September 8, 1969
Some time ago , I contacted both your office and that of the
City Engineer re garding t he feasi bility of formation of a Sanitation
Dl.strict for the Country Ho mes Subdivision at the southwest corner
of Eas Hampden Avenue and South University Blvd. Such a district
would of course co ntrac t with your municipality for sewage treatment.
At that time we were given to unde rstand that the City of Englewood
did look wi th favo r on the removal of leach field areas, and wo uld
ha ve the capa city to receive t he effluent from the 29 homes involved,
provided it could be delivered to a city trunk line which had the
capacity to carry it.
The hom e owners in the subd i vision have decided to proceed on this
b as1 s, and a District i s b e ing fo rmed to finance the project and to
negotiate wi th th e City of En glewoo d for service. It is our under-
stand1ng that t he City can only ne goti ate with such an entity.
Mr . Mark Shivers, the a ttorney for the District, is ~lso attorney for
th~ Englewood Water Board , I believe. In talking with him recently,
there was expres s ed the bel i ef that the City would now prefer to deal
W1th a large di str ict co mpr ising the entire Cherry Hille Village area.
The need for such a district ultimately i s quite evident. However ,
s mall fully developed ad j acent areas may not always be in a position
to wait for su ch a Distr ict . This i s indeed the case with the Coun try
Ho mes area . Within the subdivision are several ho mes wh ose septic
sys tems have already failed, in t he sense that effluent is being
d1schar ged at the ground surface . Because of the general underlying
shale , th e others are in all likelihood failing also in the sense
that they are capable of polluting the ground water in adjacent areas .
S1nce the entire subdivision is i n such need and is financ ially a ble
to support it, the wisest cou rse appears to us to be the formation
of a s mall distr i ct, with the u nde rstanding that at some time in the
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l'uture they may be asked to dJ.solve or merge into a larger district ,
We would invl e your comments on this proposal,
a schematic collec ion l1ne l ayout for your interest,
a ny questions , please call U11s office ,
Very truly yours ,
I am including
If you have
R. V, LORD AND ASSOCIA TES, IN C.
/S/ David B, Shupe
DBS :tlj
Encl , ''
In at en dance to discuss the proposal with the Board were Mr. Shupe and several other
tn terested people including property owners within the subject subdivision,
Mr . Shupe explained the sewer collection system planned for the subdivision, pointing out
tnat the sou herly port1on of the subdivision would be served through a force main and
that sewag e ~ uld be delivered to the Englewood system at a connec tion with the existing
sewer ma i n 1n South Ra ce Street, just north of East Hampden Avenue (Highway #28 5),
In discussion, it was reiterated that septic systems are failing in this subdivision and
that, though it is unders toed the City of Englewood would prefer to contract with a
larger distr1ct, to include the Cherry Hills Village -Greenwood Village area, the situa-
ion in Co~ntry Homes Subd i vision has reached emergency status and most probably could
not wait for mun ici pal service unt1l such a large district could be formed,
Members of the Englewood Water and Sewer Board present agreed that , under the circumstances ,
Englewo od s ewa ge treatment serv1ce should be made ava~'li.tble , if possible,
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Mr. Carroll , Util1 tie s Director , stated that the City sewer system, through north En glewood
and the Engle od sewa e reatment plant, would have capacity to handle the effluent from
the subJeC subdt VlSlon as shown by the plan presented ,
P.~~~e~e n a 1ve ~ c f the pr c~os ed d1strict present were advised that in a Connector 's Agree -
ment ·w1 U1 Engl ewood, such d1strict would be subject to payment of Englewood s ew er head tap
fee s and sewag e treatment rates for outside city users, in effect, and as may be changed
from time to time by the Englewood City Council,
After some further d1scussion1
Ollner mo ved ,
Robohm , seconded, That the Wa ter and Sewer Board recommend to City Council that
written assurance be given R, V, Lord and Assoc iates, Inc.,
representing the proposed Country Homes Sanitation District,
that the City of Englewood will enter into a Connector's Agree-
ment with such district, when legally formed, for Englewood
sewage treatment service for Country Homes Subdivision, located
Ayes :
Nays :
Absent :
at the southwest corner of East Hampden Avenue and South Univer sity
Blvd,, includlng 29 residences , with such agreement to include
a term of twelve years , head tap fees and sewage treatment rates,
in effect, f o r outside ci ty users and as may be changed from time
to time by the Englewood City Council and other standard pro-
VlSlons ,
Brownewell, Frantz, Oliner, Robohm
None
Kre1l1ng, Lay , Schwab
Mr, Lay entered nd was sea ted Wl th the Board ,
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Mr . Car r ol l pre sented the o r iginal and t wo copies of Supplement No, 16 to the Connector's
Agreemen t with Valley San i tati on D~s t r i ct as submitted by Mr. Ben Weimer, Jr., Executive
Sec r eta r ): Val ley San i tati on Distr ic t, Th i s supplemental agreement provides for City of
En glewood G~pr oval of the i ncl u sion nto Valley Sanitation District and Englewood sewage
~r eatmeo t for s ame of the f ollowin g de scri bed land i n the City of Sheridan, Colorado:
Lots 1 through 40 , Block 21 and Lots 1
t hrough 20 , Bl odt 3, Valley View Heights,
accord1ng to the recorded plat thereof,
Ara pahoe County , Colorado,
Mr . Carroll al s o pr es e nted the fol l o win g letter from Jane E. Rosenbach, Mayor, City of
She r1dan, Colo rado :
"CITY OF SHERIDAN
Sheridan City Hall
4021 South Federal Boulevard
Englewood, Colorado 80110
Mr. John CUrtis
City of En glewood
34 00 So. Ela ti
Eng lewood , Colorado 8o ll0
Dear Mr. CUrtis :
September 15 , 1969
We have a req uest f rom Wm. R, Frasier for permission to utilize
the sewer lines owned by Valley Sanitation District, The area
to be served i s descri bed as follows:
Lots 1 throu gh 40, 9lock 2 and Lots 1 through 20, Block 3,
Valley View He i ghts Subdivision, Arapahoe County, Colorado,
S i nce the Ci ty of Sher dan does not have sewer service in this
area, permission i s granted,
J !':R/l t .
cc : Wm . R Fr as ~er"
Sincerely yours,
/S/ Jane E. Rosenbach
Mayor
City of Sheridan
1A·.so see M~n u t e s o f Regu ar Meeti n g of Eng l ewood Water and Sewer Board, held July 14 , 1969)
Af e r s ho r d1scuss ~on ,
Lay moved ,
Rob ohm , seconde d, That the Wa ter an d Sewer Board recommend to C~t y Co uncil that
~e land, a s described in Supplement No. 16 to the Connector's
Agreement with Valley Sanitation District, be approved for
inclu s ion into sai d di stric t, with said Supplement No. 16 being
pr operl y execu ted by the City,
Ay e s •
Nays :
Absen
Br ownew ell, Fr an tz, Lay, Ol i ner, Ro bohm
No ne
Kr e 1ling1 Schwa b
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Mr . Carroll adVlsed he Bo ard that, in connection with the realigrunent of State Highway
No, 31 (Arapaho e -Do ug las County Line Road) to make way for McLellan Reservoir, execution
o f a quit clai m deed by the City in favor of the State Highway 1)eparbnent, for the parcel
o f Ci ty-owned land on which t he highway was relocated, was a pp arently overlooked and that
the State Highway Department had recently requested t hat same be furnished ,
In di s cussion i t was brought out tha prior to delivery of su ch quit claim deed 1 it should
be d e termine d t h at pro p er proc edures had taken pl ace in the vacation of the portion of t he
or g1nal Highw a y No , 31 , abandoned for the reservo i r .
Br own ewell moved ,
Lay 1 seco nded, That the H'a er and Sewer Board recommend to City Council that a quit
claim dee d , i n favor of the Colorado State Highway Departlnent , to the
parcel of City-owned land on wh ich State Highway No . 31 was relocated,
south of McLellan Rese rvoi r , be executed; with the same to be delivered
upon the recording of vacation of the original roadway by the appropriate
auth orities .
Ayes:
Na ys :
Absent :
Browne well, Fr antz, Lay, Oliner , Robo hm
Non e
Kre i l i ng , Schwab
The f o l l ow1ng me morandum from Mr . Stephen A, Lyon, City Finance Director, was received and
read :
To :
From ~
S ubJec t :
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Ch arles B. Carro ll, Jr .
Di r ec t or o f Utili ties
"Int er-<Jffic e
Memorandum
Ste phen A. Lyon , Direc t o r of Finance
Date : September 16, 196 9
Fi nancial Considerations Concerning Use of McLellan Reservoir
Property fo r a Golf Course Site
In t he latter part of the month o f June a meet1ng between
representati ve s of the Golf Committ ee and Mr . Bob Frantz
represent ng the Wa ter Board was held at Pinehurs t . The
purpo se of thi s meeting was to discuss the financ al feas i -
bility of utili zing that portion of the McLellan Reservoir
property lying south of Co unty Li ne Road for the development
of a golf course ,
Without going into the details of the me thod of financi ng the
proposed u~age , it was my unders t and ing from these discussions
that the position of the Water Board was that they would look
wi th favor upon such a usage if it would not resu lt in a higher
m t e rest ra e on the We stern Slope Devel opment bonds and wo uld
not un favorably affec t the fe asibility of future bond issues ,
It was a greed at th e meeting that the method of utilizi ng t he
pro perty would be s ubm tted to the fiscal agent on the Western
Slope bond issue, and the agent woul d comment on the effect
the u t1 liza tion would have on the present and future bond issues .
The Ci Ly i s presently n the last stages of negotiating a
fiscal agent services contract v i th the firm of Boettcher and
Co mpany on the Western Slope bond i ssue . In order to expedite
matters, I am request1ng that the Water Board at its September
16, 1969 meet1ng c onsider wh ether any questions in addition
to the above should be directed to t he fiscal ag ent in his
an a l ys i s o f the effec t o f the golf course as proposed upon
t he Western Sl ope bond i ssue , I will convey the above
q est1ons and additi on a l i nfo rma t ion required to the f i scal
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a ge nt upon execu tion of the a greemen t . A written analysis
to the City of Englewood a nd an oral repor t to t he Water and
Sewer Bo ard will be pres e nted on th ese questions .
mmb
/S/ Stephen A. Lyon
Director of Fi nance
cc Stanley H. Dial , City Manager
E. P . Romans , Director of Parks and Recrea tion "
i)Jring discussion , Mr . Frantz stated that he had not intended to convey and did not feel
that he had co nveyed to the Go lf Course Comm ittee that the Englewood Water and Sewer
Board would be favorable toward di spo sition of excess McLellan Reservoir property, for
any pu rpo se , at anything less than fair market value, since this has always been the
attitude of t he Water and Sewer Boar d.
Further d iscus sion i ndicated the Board wou ld not be int erested in a lease arrangement .
It was determined that t he Board had no further i nformation on the ma tter and no qu es tions
to be direc t ed to the fis cal a ge nt, and Mr. Carroll was asked to so inform Mr. Lyon i n
a reply to his memorandum.
Mayor Schwab ent ered and was seated wi t h t he Board during the aboYe discussion.
Mr . Carroll , Utilities Director, presented the following memorandum :
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To:
From:
Water and Sewer Board
"I nter...()ff i ce
Memorandum
Date : September 16 , 1969
Charles B. Carroll , Jr ., Director of Utilities
Subject : Alternate Points of Di version
The time is rapidly approaching when Englewo o d will have a diversity of water
sources with som e built-in flexibility for operational use . I feel that we
should s t art to consider havin alte r nate points of di ve rsion for our Platte
Rive r and ditch rights, pa r ticularly now that the City Ditch cou ld be u sed in
certain cir cumstances to carry water by gravity . Listed below are our r i ver
and ditch r ights which can be used in a multiplicity of diversions.
At Unio n Avenue Intake:
Ne vada #4
Petersburg 116
Petersburg #1 3
Platte Canyon Nlh
Nevada /119
Petersburg #76
8 .396 CFS
21.600 CFS
5 .400 CFS
1 .000 CFS
5 .286 CFS
27 .000 CFS
68 .682 cF'S
Additional available to be diverted:
Nevada #4
Nevada #19
3.068 CFS
1 .960 CFS
5.o28 cFS
5.426 KlD
13 .960 MOD
3 .490 MOD
.646 KJD
3 .u25 MOD
17 .450 MOD (validity yet to be
44 .389 MOD determined)
1 .982 MOD
1 .266 KlD
3.248 Man
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We should h ave Marc Shivers pres s for di ssolution of the Tri City Trust. This
uld rele ase for change o f point of diversion :
l) Brown Ditch
2) Eppe rson Ditch
4,000 CFS
• 720 CFS
4 . 72o CFS
2 .58 4 MGD
.465 M,o
3.049 MGD
The McLellan Reservoir could be used to hold "water in detention"; theo r etically
stored for use dur1n g t he same year , If we modified the McLellan fill line we
could dump di rec ly into he Ci ty D1tch f r om the reservo i r , th e reby a ga in
avo1d ·wg pump1ng , We should also cons1de r ch an ging som e dire ct flow rights to
s a rage 1ghts .
Here are some pos~nble combinat1ons:
Un1on Avenue Intake :
Nevada #4 8 .)96 CFS 5.h26 MGD
Pe e rsburg #6 21 ,600 CFS 13.960 MGD
29 .996 CFS 19.)86 MGD
c Lellan Intake:
Petersburg #13 5 .400 CFS 3.L90 MGD
Platte Canyo!'l #14 1 ,000 CFS .646 MGD
Nevada #1 9 5 .286 CFS 3 .425 MGD
Petersburg #76 27 .000 CFS 17.450 MGD
38 .686 CFS 2$.011 MGD (McLellan capacity
about 18 MGD)
C1 ty D1tch Intake : (added to 1. 904 CFS -1 ,2)0 MGD we now own)
Ne va da #L ),068 CFS 1 .982 MGD
Nevada #1 9 l , 960 CFS 1 .266 MGD
'$'.028 CFS 3.248 MGD
Th1s would le ave the ditch rights from Tri City Trust unac c ounted f or ,
/S/ Charles B. Carroll , Jr .
D r e ctor of Utiliti e s
CBC/n "
A short d1scuss1on was held i n which Mr , Shivers , Legal Consultant, adv ised that the pro
po d new Water Court has no t yet been set up and that he agrees that when same 1 s set up,
he C1 y should move o n chang es i n po1nts of diversion .
ln connec 1on w1 h the d1ss lu ion of the Tn -C1 ty Trust, Mr . Sh vers adnsed tha t he
ld 1 once aga1n 1 1nves igate the status of sam e,
Mr. Gar oll adv1sed he Bo ard that he wa s endeavor1ng to establish a date for a field
or1~nta 10n r1p to the WP ~· ~lope proJe ct and the Amax Henderson mine for membe rs of
C1ty Council, members of the Wa ter and Sewer Board and certain adm i nistrative off c als;
bu , to date, had no . found a date that wou ld be acc e ptabl e to all .
Ir d1scuss1on , 1t wa s determ ·ned that, s1nce a t r p to the West Slope proJect would requi re
most of one day, separate tr1ps on d1ff erent d ates Shou ld be arranged to vis t the t wo
places .
IL was also determ1ned that, due to possible nclement weather conditi ons, the tr1p to
th West Sl ope should be arranged f1rst and as soon as possible ,
After a po 1 of the members of the Wa ter and Sewer Board pr esent, it wa s agreed to plan
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t.he tri p to t he West Slope f o r October u th o r October 11th , with Mr . Carroll to contact all
pe rsonnel ~n vol ved to determine which dat e shou ld f i nally be establishe d.
It. was fur t h er de t ermined that a date for a trip to the Henderson mine would be e stablished
later .
There be i ng no further business t o co me befo re the Englewood Water and Sewer Board, the
meet~ng wa s adjourned at 6:20 P.M.
Approved ----------------------------
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Date :
Subject:
Recommenda tion:
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MEMORANDUM TO TilE ENGlEWOOD CITY <X>UNCIL REGARDING ACTION
OR REOOM MENDA TION OF '!HE EN GLEWOOD WATER AND SEWER BOARD
September 16 1 1969
Proposed Connector's Agreement With Proposed Country Homes Sanitation
District
That wr itten assurance be given R. v. Lord and Associ a tes , Inc .,
representing the proposed Cou ntry Homes Sanita tion Distr ict,
that the City of Englewood will enter into a Connector's Agree -
ment wi th such di strict, when legally formed , for Englewoo d
sewage treatment service for Country Homes Subdivision, located
a t t he south we st co rner of East Hampden Ave nu e and South Uni vers ity
Blvd ., i nclud i ng 29 r es i dences, with such agreement to include
a term of t we l ve year s, head tap fees and sewage treatment rates ,
in effect, for outside city user s and as may be changed from time
to time b y the Englewood City Co unc il and other standard pro-
visions .
Respectfully subm i tted,
ENGLE'f.'OOD WATER AND SEl-lER BOARD
By: Robert F. Frantz c:Jk
Chairman (/
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MEMORANDUM TO THE ENG LEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF 'IHE ENGLEWOOD WATER AND SEWER BOARD
Date : September 16, 1969
Sub j ect : Inclusion of Ad ditional Land Into Valley San itati on District
Recommendat~on: That the land, as described in ihe pr oposed Supplement No . 16 to
th e Connector 's Agreement W1th Valley San itation District, be
approved for ~nclusion into said distric , with said Suppleme nt,
a s presented, b eing properly executed by the City.
Respectfully subm tted,
EN GLEWOOD HATER AND SEWER BOARD
By: Rober t F. Frantz ~
Chairman
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MEMORA NWM TO THE ENG !Ew'OO D CI TY OO UNCIL RE GARDIN G ACTION
OR REOOMMENDA TION OF THE E LEWOOD WATER AND SEWER OOARD
Se e er
Sub j e c t : rY 1r Parcel -I Favo r Colorado
Reconunenda 1.on: e Colo r a do Sta t e Hi ghway
e d land on wh ich State Hi ghway
c' llan e ervoi r 1 b e exec uted; with
co rd i n o f vaca ion o f th e or igi n al
Respectfully subm itted,
EN GUl()OD WATER AND SEWER BOARD
By: Robert F. Frantz
airman
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TO: Mr. Stanley H. Dial, City Manager
O F,....IC!AL
CI TY C . r CL'~1EN T
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FROM : Mr. J. Robert Mack, Assistant to the City Mmragel!" U 'G LC. vooo, ,,
DATE: October 1, 1969
SUBJECT: DUTCH ELM DISEASE
As directed by the City Council, the City administration has become
better acquainted with the nature of Dutch Elm disease and the hazards
which it could present to our community. On September 11th, the City
of Englewood hosted a seminar or discussion regarding Dutch Elm dis-
ease and extended invitations to all cities and a few recreation districts
within the Denver metropolitan area.
Dr. James Feucht, area horticulturist for Colorado State University,
and Mr. Chuck Lane, Extension Agent for Arapahoe County, attended
the meeting, as well as representatives from Englewood, Littleton,
North Jeffco Park and Recreation District and a private tree mainten-
ance firm. At this meeting, Dr. Feucht discussed the nature of Dutch
Elm disease and its potential impact upon the south metro area.
At this time there are no confirmed cases of the disease within Arapa-
hoe County, although we have reasonable expectations that a few cases
will be detected and confirmed next summer. We believe that prepar-
ation should now take place for an adequate program to control the dis-
ease once it is identified within Englewood.
Basically, there are several phases in a controlled program. The
first phase Involves identification and diagnosis of diseased trees. In
this regard, it is my opinion that the number of American Elms within
the City of Englewood Is Insufficient to warrant the retention of a full-
time laboratory technician and related equipment which is required for
the diagnosis of the disease. Therefore, the Cities of Englewood,
Aurora and Littleton cooperatively approached Arapahoe County on
September 23rd to determine if the Council, which has an adequate lab,
could provide technical staff through the County Agent's office for diag-
nostic purposes. The County Commissioners indicated a willingness to
cooperate so that the full cost of a laboratory technician could be made
available through the County. It is possible that contingency funds from
the County could be appropriated from both the 1969 and 1970 budgets to
staff for this position when It Is found to be necessary.
lAter phases of any control program would involve removal and disposal
of diseased trees and a replanting program. In this regard, full financial
responsibility will likely fall upon the City of Englewood and the local
community. We are prepared to proceed, in conjunction with neighboring
communities, with the drafting of a model ordinance for a control program
and submit such ordinance to the City Council within a few months, if the
Council so desires. It is my opinion that the adoption of ordinances es-
tablishing programs by the cities of Arapahoe County would be a signifi-
cant indication to the County Commissioners that Englewood recognizes
the severity of this potential problem.
Sincerely,
J. ROBERT MACK
Assistant to the City Manager
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O "'FIC IJIL
CITY C . '"'"U"1:::N T
C0l' , ,,_; F LE
C ITY OF I GLI:: .• OOD, COLO .
RESOLUTION NO . .._ $6.-, SERIES OF 1969
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS.
WHEREAS, Section 3.8 of the Municipal Code of the
City o f Englewood, Colorado, as amended, authorizes the City
Council to establish by motion or resolution the compensation
for pay of j ud g es and clerks serving at special or general
muni c ipal e lec tions.
NOW, THERE FORE, BE IT RESOLVED by the City Council
of the City of Englewood, Colorado, as follows:
Section l. Judges and clerks of special or general
municipal elections shall eac h receive $25.00 per day compensation
for their services as such judges and clerks. The judges and
clerks of elections shall select one of their number to deliver
the election returns in accordance with the law, and that judge
or clerk shall be paid for the performance of such service an
additional sum of $2.50 .
ADOPTED AND APPROVED This ~ day of &Z'zr?A w (,
1969.
Mayor
Attest:
ex
I, Stephen A. Lyon, ex officio City Clerk-Treasurer
of the City of Englewood, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a resolution
passed by the Ci~Council of the City of Englewood at a regular
meeting held on ~.<'?tla vvw . 1969.
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RESOLUTION NO . ...::::!.!;;) , SERIES OF 196 ~0 , . _ ,. _ .1 ,G
CITY OF u;C.LE\'.'0'"'
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS.
WHEREAS, Section 3.8 of the Municipal Code of the
City of Englewood, Colorado, as amended, authorizes the City
Council to establish by motion or resolution the c ompensation
for pay of judges and clerks serving at special or general
munic ipal elections.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Englewood, Colorado, as follows:
Flr
LO
Section 1. Judges and clerks of special or general
municipal elections shall each receive $25.00 per day compensation
for their services as such judges and clerks. The judges and
clerks of elections shall select one of their number to deliver
the election returns in accordance with the law, and that judge
or clerk shall be paid for the performance of such service an
additional sum of $2.50 .
1969.
ADOPTED AND APPROVED This c:;:;a. day of ~ M 1 ,
Mayor
Attest:
I, Stephen A. Lyon, ex officio City Clerk-Treasurer
of the City of Englewood, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a resolution
passed by the City Council of the City of Englewood at a regular
meeting held on ~aae:.a 1 <:::? , 1969.
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OF FIC I AL
CITY C Ol"' OC UMENT
C OL:, _ G FiLE
RESOLUTION NO. , i:> , SERIES OF 1 cj6'gY O F C GLC VOOD , CO LO.
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS.
WHEREAS, Section 3.8 of the Municipal Code of the
City of Englewood, Colorado, as amended, authorizes the City
Council to establish by motion or resolution the compensation
for pay of judges and clerks serving at speci al or general
municipal elections .
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Englewood , Colorado, as follows:
Section 1 . Judges and clerks of special or general
municipal elections shall each receive $25.00 per day compensation
for their services as such judges and clerks. The juqges and
clerks of elections shall select one of their number to deliver
rhe election returns in accordance with the law, and that judge
or clerk shall be paid for the performance of such service an
additional sum of $2.50.
1969.
ADOPTED AND APPROVED This ~ day of Cfl-4iJZ<.&, ,
Mayor
Attest:
I, Stephen A. Lyon, ex officio City Clerk-Treasurer
of the City of Englewood, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a resolution
passed by the Cit Council of the City of Englewood at a regular
meeting held on (;.<: Lf<2Lu v 6, , 1969.
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0 r F' I C I .. )-u , IE T
C ITY ('1" -I • ' .J-
/ RESOLUTION NO .. ;(J
, FILE c ou•,c.,,_ · co 0
l .....,.,..v O F ENGL L.,UOD. .
I SERIES OF ,..,.,. '
A RESOLUTION ESTABLISHING THE PAY OF ELECTION JUDGES
AND CLERKS.
WHEREAS, Section 3.8 of the Municipal Code of the
City of Englewood, Colorado, as amended, authorizes the City
Council to establish by motion or resolution the compensation
for pay of judges and clerks serving at special or general
municipal elections.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Englewood, Colorado, as follows :
Section l. Judges and clerks of special or general
municipal elections shall each receive $25.00 per day compensation
for their services as such judges and clerks. The judges and
clerks of elections shall select one of their number to deliver
rhe election returns in accordance with the law, and that judge
or clerk shall be paid for the performance of such service an
additional sum of $2.50.
1969.
ADOPTED AND APPROVED This 4a.
Mayor
Attest:
I, Stephen A. Lyon , ex officio City Clerk-Treasurer
of the City of Englewood, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a resolution
passed by the Ci~Council of the City of Englewood at a regular
meeting held on ~V<ZJ 4 , 1969.
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Me mo rand;;m to:
From:
Date:
Sub ject:
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CITY C '-
Mayo r, Councilme n and City Manager I )
CU'lE T
City Attorney
Se t P ~b~r 2 ~, 1969
Litigation with Ol ive r S.,
Ch arles F . Ki ngsley
j I ' J
c our ·-·' r.LE
C IT'( O F. ENGU:.v,OOD. C OLO.
Agnes and
As you kn ow, t he C'.t· , durin<> the pas t two yea rs, has hAd
s e veral matters of lit igation against Oliv e r, Ag nes and Charles
King sley. The three most rec e nt lawsuits have been the f ollow-
ing:
1. A suit by the City t o o btain a c ourt orde r fo r Kingsley
to clean up hi s pro pe rt y . In this suit, the Distric t Cou rt
entered an o rde r last Dec embe r Giving them un ti l A~ri l 15 , 196 9,
to bring the pr operty int o c oT7l:'l iance t·Iith the Cit y 's ordinances
and pr oviding tha t, if this wa s n ot done, the Cit y c ould , there-
after, cle a n up the pr op ert y and file a lien against the p roperty
fo r cost thereof. Since t he pr ope-cty Has not c leaned u p by April
15th, the City subsequent ly t ook bids and en t ered into a contract
to have the property cleaned u p , a t whi c h po int Kingsley filed
various motions Hith the c ourt and the court stayed the e f fect of
the Dece mber judgme nt pending a hearing on those mo tions . On
Thursday, September 18 th, oweve r, the court denied all of Kings-
ley's motions a nd pu t the ju g~en t back into effect so that the
City may noH proceed to have the property cleaned up. The Kings-
le ys are thr eatening to appeal the c ase but I have some consider-
able doubt t·Ihether t hat can be done at this late date and, in any
case, if they do, I am c ercain tve tvill be successful in getting
the court to require them to post a cash bond to protect us pend-
ing the a ppeal .
2. In 1967, Charles Kingsley sold a portion of some g round
mvned by him tvithout complying with the then effe ctive subdivision
ordinance, and the ~ity filed suit in the state court to attempt
to set aside this conveyance. You have recently been provide d
with a co py of the judgm ent r endered by the c ou rt in that case
holding, i n effect, that the City may not enforce its subdivision
regulatio ns ·n this manner and you have referred the ma tter of pos-
sible a pp eal to the Planning Commission for recommendation there-
upon. ~ateve r the ultimate decision of Council relating to
a np ea l ma y be , h m._re ver, the matter Hould appear t o be terminated
s o f ar as the trial c ou rt is c onc e rned.
3 . In the ~ldst n~ t he litig ation over the above two rna ters
ne Kingsle ys s ued th e City, the City Mana g e r, the J'rector of
,
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Memo to: Nayor, Councilmen and City Manager
Septe~ber 24, 1969
Page 2
Public Ho r k s and the former BuL.ding Inspect or, alle;:;i n g tha t
they had all vio lated their civil rights. We spent literally
hours compiling a mul ti-paged mot ion for summary judgment and
on September 17, 9 69, the Kingsleys dismissed that lawsuit.
As ma tters n ow stan d, therefore, all tr i al c ou rt litiga -
tions with the 'i n g sley s have been dis p osed o f and \ve have a n
order authorizing the City to g o in and clean u p the property.
Knmving the history of the Cit y 's litiga tions \vith l<i ngsleys,
I seriously doubt that we will e n joy this status fo r very long,
but, at least it would a ppear that we are beg inning to bring
things to a conclusion, hopefully a successful one.
li!JIIAIV>J..0.0 ~
JQ n A. Criswell Cry Attorney
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INTER-OFFICE
MEMORANDUM
Mr . Ste phen A. Lyon, City Clerk DATI : October 1,
FROM : Mr . Charles B. Carr ol , Jr ., Utili ties Director
SUIUECT : Sup plement No . 16 To Connector 's Agreem ent With Valley Sanitation District
Attached are the original and two copies of S upplement No. 16 to the
Con nector 's Agreement with Valley Sanitation District for approval
and execution by City Council on October 6 , 1969 .
Such approval has been recommended by the Water and Sewer Board at
its Regular Meeting held September 16, 1969.
At ter same has been approved by i ty Co uncil and executed by the Mayor
and yourself, please return all copies to this office for further
handling with the sanitation district •
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-aut ... '" t ........ ..... w would eaoounce cut ... to
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tlaeD W 1f011lld Hk t IJMt Pll-",_:.a ...... e ... t ... D u..at .... aalt4l•~• .. tto
tM cub (Jal'ltt ) tato tile
tn••led wr. will ... u
,_.t.ttle.
cur
a-tt iiH.-4nr ... ,
wtll
CU1
~({--.._)~
KELLS WAGGONER
DIRECTOR OF PUBLIC WORKS
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