HomeMy WebLinkAbout1970-02-02 (Regular) Meeting Agenda Packet-•
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February 2 , 1970 •, Regular City
counc il Meeting
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AGENDA FOR
R EGULAR COUNCIL SE SSIO N
FEBRUARY 2 , 1970
8 :00 P.M. Call to order, invocation by the Rev . Richard A. Westwick of the
Bethan Lutheran Church, pledge of a llegiance led by Boy Scout
Troop 154, and ro ll calL
1. MinuLes.
/(a) Regular meeting of January 19, 1970. (Copies trans-
mitted h erewith .)
I (b) Special meeting of January 26, 1970. (Copies trans-
m 1tted herewith . )
2 . Pre-scheduled citizens a nd visitors.
(a) Re cognition of "special guests " of the Council.
(b) 1\lrs Chari s Bernhardt, 4501 South Clarkson Street,
and others will be present regardi ng possible paving
of Ea st Stanford Avenue.
3 . Communication .
(a) Minut s of the Planning and Zoni n g Commission
meeting of January 6, 1970 (Copies transmitted
herewith )
v (b) Minutes of the Library Board meeting of January 13,
1970 (Copies transmitted herewith. )
4.
(c) Minutes of the Parks a nd Recreation Commission
meeting of January 13, 1970 (Copies transmitted
herewith .)
(d) Mi nu tes of the Board of Adjustment and Appeals
meeting of December 10, 1969. (Copies transmitted
herewith.)
(e) Minutes of the Water and Sewer Board meeting of
January 20 , 1970. (Copies will be avai l abl e at the
session )
(1) Memorandum recommending that an appoi nt-
ment be made immediatel y fo r representatives
o[ the City of Eng lewood to meet with HUD
officials c oncerning the Englewood HUD appli-
cation for Federal grant in aid for Western
Slope water development.
(2) Memorandum recommending the inclusion of
additional land into the Southgate Sanitation
District
(3) Memorandum recommending that the
Connector' Agre ment between the City of
Englewood and Country Homes Sanitation
District No . On , providing for Englewood
sewage treatment. b conn ction of such
district directly to t.h Eng! wood sewer
system be approved and properly executed.
i ty Attorn y .
(a) Bill for an Ordinance author izing juries (Copies
transmitted h rewith )
(Continued )
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AGENDA FOR REGULAR COUNCIL SESSION
FE BRUARY 2, 1970
Page 2
4. City Attorney. (Continued)
(b) Report regarding litigati on relating to left turns at
the intersection of U .S. 285 and South Bannock
street.
(c) Attorney's choice.
5. City Manager.
(a) Ordinance on final reading removing nationally-
chartered banks from any exemption to the City
sales tax.
(b) Request for approval of Fire Department repre-
sentatives to attend the Forty-Second Annual Fire
Department Instructors' Conference on March 24-
27' 1970.
(c) Request for approval for Sgt. Robert Penney to
attend two armorer schools to be conducted by the
Colt Firearms Company and the Smith and Wesson
Firearms Company in Hartford, Connecticut, and
Springfield, Massachusetts, March 30th-AprH
24th.
(d ) Paving program for 1970.
(1) Report to City Council.
v (2) Resolution setting public hearing on proposed
District.
(e) Report regarding legislation affecting cities.
(f) Report regarding the request of the First National
B a nk of Englewood for an exchange of land with the
City.
(g) School crossing signal program.
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, (1) Report of bids. (Se e enclosed memorandum
from stephen A. Lyon and Kells Waggoner. )
(2) Award of bid.
(h) Manager's choice.
6. Recognition of non-scheduled citizens and visitors.
7. Gene ral discussion .
(a ) Mayor's choice.
(b ) Councilman's choice.
STANLEY H. DIAL
City Manager
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RESOLUTION NO. J_ 1 SERIES 1970
A RES OLUTION DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO
CREATE AN IMPROVEHENT DISTRICT IN SAID CITY TO BE
KNOWN AS PAVING DISTRICT NO . 19; ADOPTING DETAILS
AND SPECIFICATIONS THEREFOR; AND ORDERING PUBLICA-
TION AND HAILING OF NOTICE OF HEARING TO THE OWNERS
OF THE PROPERTY TO BE ASSESSED FOR IMPROVEHENTS IN
SAID DISTRICT.
WHEREAS, the City Council of Englewood, Colorado, has
determined to create Paving District No. 19 in said City and to
order the construction or installation of the street and alley
improvements therein as more particularly described in the form
of Notice hereinafter set forth; and
WHEREAS, petitions have also been filed with the Director
of Finance, ex-officio City Clerk, by a majority of property owners
on certain streets, requesting the construction or installation of
street improvements therein; and
WHEREAS, the City Coun cil has heretofore adopted a pre-
liminary order directing the City Engineer to make the necessary
preliminary surveys, estimates and maps as required by the provi-
sions of the City Charter and Ordinance No. 14, Series of 1965,
as amended; and
WHEREAS, the City Engineer, pursuant to said Order, has
prepared prelimina ry surveys , estimates and maps in connection with
the propos ed P avin~ Dist rict No. 19, which will be on file in the
office of the Direct or of Public Works;
BE IT RESOLV ED BY THE CITY COUNCtL OF THE CITY OF
ENGLEWOOD, COLORADO:
1. Tha t the p etitions which h ave been filed with the
Director of Finane , ex-officio City Clerk, were sj gn ed by a
maj ority of the owners o real prop rty within th e district design-
a d in th p e ljtion s, which p i ions con ain d a description of
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the ar ea to bP. included within the district, a description of the
natur e of the improvements p e titioned for, including the locations
ther eo f, and the nam es and addresses of the signers thereof, to-
gether with the lega l description of the parcels of real property
o wned by each.
2. That the City Enginee r's reports, together with the
det ail s, specif ications, estimates, maps and schedules prepared
and filed with the Dir ecto r of Finance be and the same are hereby
approved and adopted by this Council for use in the construction of
the improv ements to be made in said P aving District.
3. That the materials to be used in constructing the
proposed improvements are stated in the Notice hereinafter set
forth.
4. That the assessments to be levied for said improve-
ments shall be due and payable within thirty days from and after
the final publi cation of the ordinance assessing the whole actual
cost of said improvements against the real property in said Dis-
trict ; provided, however, that any owner who shall pay the full
asses sment within said period of thirty d ays , shall be entitled to
an allowance of five percent (5%) of the amount so assessed against
his property and paid by him . In the event any owner of real
estate shall fail to pay the ~hole of such assessment against his
prop erty Hithin said thirty days, then the whole cost of the im-
provements so assessed against his property shall be payable in
ten equal annual installments of principal. The interest rat e on
the unpaid installments of assessments will be established by or-
d inance to be adopted by the City Council at a later date. The
first of said installments of principal and interest shall be du e
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and payable at such time as may be determined in and by the assessment
ordinance, and the remainder of the annual installments of principal
and interest shall be due and payable successively on the same day
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in each year thereafter until all are paid in full.
5. That the property to be assessed for said improvements
shall be the property within the District specially benefited by
said improvements, as more particularly described in the Notice
hereinafter set forth.
6. That there shall be prepared an ordinance in accordance
with the provisions of the City Charter and Ordinance No. 14, Series
of 1965, as amended, creating within the corporate limits of said
City a local improvement district to be kno\~ as Paving District
No. 19 and providing for the construction in said District of the
improvements, as is set forth in this Resolution and in accordance
with the rep o rt, plans, maps, specifications , details and estimates
of the Engineer of said City, herein referred to and which will be
on file in the office of the Director of Public Works. The proposed
ordinance will be introduced as a Bill at the regular meeting of
the City Council on Monday, the 2nd day of March , 1970.
7. Notice of the propos e d improveme nts shall be given
by the Director of Finance and published once a week for three
weeks in the Eng lewood He rald, a newspaper published and of general
circulation in the City, therein giving No tic e to the owners of the
prop erty to be ass e ss e d of the matters and things required by law.
In addition, a copy of such notice shall b e mailed, postage prepaid,
to each k nown owner of real property within the proposed district.
The Notice to be published shall b e in substantially
the following f orm :
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NOTICE OF A PROPOSITION TO CREATE A LOCAL
IMP ROVE}ffiNT DISTRICT IN ENGLE~OO D, COLORAD O,
TO BE KNOWN AS PAVING DISTRICT NO. 19, TO
MAKE CERTAIN STREET AND ALLEY IMPROV EMENTS
THEREIN, AND FOR A HEARING THEREON.
All owners of real estate and property hereinafter described,
and all persons generally, are h e re b y notified that the City Council
of Englewo od, Colorado, pursuant t o its own order and upon petitions
filed by a majority of the owners of real property as designated in
the petitions has adopted full d ~t ails, plans and sp ecificati ons for
construction of stre et and alley improvements and appurtenances in
and for a proposed local i mprovc ·Gent district within the corporate
limits of Eng lewood, Colorado, t o be known as Paving Dis trict No. 19.
Said persons are further notif ied as follows:
(a) The i mprovements to be constructed or installed
are as follows:
1. Necessary grading and excavation, paving with 6• compacted
gravel base course and 7• asphaltic concrete surface, concrete
walks, curb and gutter where not already inatalledr together
with appurtenances and incidentals on the following streets
and avenuesa
South Decatur St.
South Elati St.
South Elati St.
South Grant St.
South Grant St.
South Grant St.
South Huron St.
Ea s t Kenyon Ave.
South King St.
South King St.
North aide of
West Tufts Ave.
South side of
West Cornell Ave.
South side of
West Radcliff Ave.
South side of
East Kenyon Ave.
South aide of
East Mansfield Ave.
South aid e of
East Oxford Ave.
North side of
West Princeton Ave.
East side o f
South Sherman St.
North side of
We s t Tufts live.
South side of
We st Tu fts Avenue
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IIOrth aide of
West tJnion Ave.
llo·rth aide of
West Dartmouth Ave.
llorth aide of
West Stanford Ave.
llorth side of
Bast Mansfield Ave.
llorth aide of
Bast Oxford Ave.
•orth aide of
Bast Princeton Ave.
llorth aide of
West Quincy Ave.
West side of
South Logan St.
Korth end of
cul-de-sac
South end of
cul-de-sac
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E <~St Le hig h li v e . Eas t side of
So u t h 'lro~tdway
Eas t Leh i g h 1\v e . E;,a t s ide of
S o uth Sh e r~an St.
Ea st Lehigh Ave. E ~5t side of
South Grant St.
South Lincoln St. South side of
Ea ~t Layton ~venu«
E~at Nassau Ave. East side of
South Broadway
Eaat Nassau Av e . E a ~t aide of
South Lincoln St.
East Nassau Ave. East aide of
South Sherman St.
East Nassau Av e . East aide of
South Gr a nt St.
Ea s t Naaaau Av ~. East aide of
South Pennsylvania St.
Weat ••••a u Av e . West aide of
South 9roadvay
We s t Nass au Av ~. \'l est side of
South Bannock St.
West Nas s au ~v e . We st side of
South Cherokee St.
West Raaaau Av e . West 6ide of
South Delaware St.
West N~t aa a u '-Yo . tfeat aide of
s outh Blati St.
South Pearl St. South aide of
Eas t Na ssau Ave.
south Pe n nsylv nia ~ • No r th s i de o f
East Nassau Ave.
South Pennaylvania ~t. South aide of
E at Oxford Av e.
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Eaat P rinc~ton Ave. Bast aide of
South Logan St.
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West aide of
South She~an St.
West side of
liouth Grant St.
West aide of
South LOgan St.
IIOrth aide of
Baat Chenanqo ~ve.
West aide of
South Lincoln St.
West aide of
south Sherman lt.
w .. t aide of
south Grant at.
W.at aide of
South .Logan at.
we•t aide of
IDuth Clarkeon St.
Bast aide of
8outh a.nnoclt St.
aaat aide of
8outh Cherokee lt.
Bast aide of
8outh Del.ware St.
aaat aide of
8outh alati St.
Bast aide of
8outh Pox St.
IIOrth aide of
hat Oxford Ave.
IIOrth a ide o f
aaat Oxford Av e .
llor t h aide of
Ba at P r i nceto n Ave .
We st ai d e of
South Clarkson St.
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East Stanford Ave. Eaat aide of West aide of
South Logan st. South Clarkson St.
West TUfts Ave. West aide of Bast aide of
South Decatur St. South Federal Blvd.
We at TUfts Ave. 140 feet west of the Bast aide of
West aide of South South Lowell Blvd.
Knox Court
2. Beceaaary preparation of present surface, overlaying of
same with two-inch asphaltic concrete, and concrete valka,
curbs, and gutters, where not presently adequatar together
with appurtenances and other incidental work on the following
streets and avenuesa
West Chenango Ave. West aide of
South Galapago St.
Ba•t aida of
South Huron St.
3. Becaaaary grading and excavation, coapacted aubgrada, and
with 6• Portland cement concrete surface, for a total overall
width of fourteen feetr together with appurtenaneaa and other
incidental work on the following allay••
01! A'~"V f!g!l m
•a•t of Iouth Acoma South aide of llorth •ide of
St. We•t Ba•aau Ave. Wa•t Oxford Ava.
Bast of South Acoaa South aida of llorth aida of
St. Wa•t Oxford Ave. We•t •r1ncaton Ava.
•a•t of Iouth Acoma South •ida of llorth aida of
St. West Stanford Ave. ••t 'ruft• Ava.
Bast of South Broad-South aida of llorth •ida of
way Bast Lehigh Ave. ... t Man•f1eld Ava.
Bast of South South aide of llorth •ida of
Galapago Street West Lehigh Ave. Wast llanafiald Ava.
Bast of 8outh Jason South aide of llorth aide of
St. West Kenyon Ave. Wast Lehi9h Ave.
... t of Iouth South aida of llorth aida of
JCal ... th Street West Lehigh Ava. Wast Mansfield Ava.
Bast of South Iouth aida of llorth aida of
Lipan Street Wast Mansfield Ava. Wast Ba•aau Ave.
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(b) The description of the proposed district, and the
property to be ass e ss ed with the c ost of the i mprovements shall be
all of the real property fronting or abutting on the streets and
alleys between the termini here inbe for e described, including the
real property within one half (1 /2) block of such streets and alleys.
Adjustments for the assessment of costs will be made for irregul ar
and odd shaped lots and parcels o f property.
(c ) The pro ba ble total co st of the improvements to be
constructed and installed is $463.o50.07
(d) The probable a mount of said total cost which the
City shall pay is app roxima tely $84.215.79
(e) The balance of the total cost which is not paid by
the City of Englewo o d will be a sse ssed against the property specially
benefited by the improvements, and included within the District.
Probable costs per front foot f o r said improvements are as follows:
Asphalt . paving on streets 36 ' w i de (6 and 2)
Asphalt paving on streets 44 ' wide (8 and 3)
Asphalt paving overlay on stree ts 36' wide
Concrete alley paving 14' wide
$5.40 per front foot
$9.57 per front foot
$2.40 per front foot
$7.59 per front foot
Paving of other wid t hs shall be in
proportion to the above estimate
4" thick curbwalk
Vertical curb and g utter
Sidewalk 4' wide
6" thick concrete slab
$5.28 per front foot
$3.54 per front foot
$3.48 per front foot
$1.11 per square foot
All estimates exclude the six per cent (6%) for inspection,
collection , inciden tals and interest as provided by law.
The costs of paving to be constructed along the sides of
corner lots within said District shall be assessed against properties
within one-half (1/2) block or 300' of such intersections and corner
lots, whichever is s maller , on a zone basis in accordance with bene-
fits conferred on su ch prop e rties.
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Each one -half (1/2) block or 300' section, will be divided
into six (6) parallel zones and assessments will be on the following
basis:
1st Zone abu tting on street
or avenue .........••.........•... 28. 55%
Next Zone ................•.......••. 14. 29%
Next Zone ..........................• 14. 29 ~.
Next Zone •........................•• 14. 29'7o
Next Zone ...•.................•..... 14. 2 9"'o
Next Zone •........•.....•..........• 14.29"/o
To tal .•••• : ....•• 100%
No ass essm n swill be mad [or curbs, gutters and side-
walks in place which conform with the plans and specifications for
the propo sed improv menls and which ar accep able to the City
En gineer .
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The cost of i mpro ving street intersections throughout
the District, and of paving in excess of 36' widths and 8 " thickness
on streets designated as arterial within residential zoning as of
February 2, 1970, will be paid by the City of Englewood.
Prop erty 01..rners are specifically referred to the schedule
of proposed assessQents which will be on file in the Office of the
Director of Public Works , from which the approximate amount to be
assessed against any particular lot or parcel or prop erty may be
determined .
Upon completion of s aid improvements, or as soon as the
total cost thereof is de finitely ascertained, such cost shall be
apportioned to .the prop erty in the District. Notice of such ap-
portionment shall be given and a Hearing will be held prior to the
adoptio n of an ordinance assessing such cost, all as provided by
law.
(f) Said assessments will be due and payable without
demand within thirty days from and after the final publication of
an ord inance as se ssing the wh ole cost of said improvemen ts against
the real property in said District; provided, however, that any
owner who shall pay his full assessment within said period of thirty
days shall be entitled to an allowance of five percent (5%). In
the event that any owner of r eal proper ty shall fail to pay the
whole of such ass essment against his property within said thirty
days, then the whole cost of said improvement so assessed against
his prop erty shall be payable in ten equal annual installments of
princ ipal . The first of such installments of principal shall be
due and payable at such time as may be determined in and by the as-
sessing ordinance, and the remainder of said installments shall be
due and paya ble successively on the same day in each year thereafter
until all are paid in full. The rate of interest to be paid on un-
paid and deferr e d installments will be established by ordinance to
be adopted by the City Council at a later date.
(g) A Hearing on the creation of the District will be
held by the Council on /;k&, , the ~day of £';~~
1970, at the hour of f :o( o•l'i:o ck P.M ., at the City Hail;
Englewood; and a bill for an ordinance authorizing said improvements
will be considered by the City Council at the regular meeting on
the 2nd day of March, 1970 .
(h) Any p erson desiring to be heard upon the issue of
the creation of the district or upon the construction, installation
or improv ement of the improvements involved, may appear at the time
and plac e set for the public hearing thereon for that purpose.
(i) A map, estimate and schedule showing the approximate
amount to b e assessed, and all resolutions and proceeding s will be
on file and can be seen and examined by any person interested at
the Offic e of the Director of Public Works at any time during busi-
ness h ours on or prior to the date of hearing .
Da ted the 2nd day of February, 1970.
( S E A L
/s / Steph n A. L~on
Dir clor of F~nance
Publ ish in : The En ~l ~o.•oo Hera ld
Publ ish on: F ebruary 5, 12 a nd 19, 1970
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The Notice to be mailed to the o~1ers of property to be
assess e d with the cost of said improvements, shall be in substantially
the following form:
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CITY OF ENGLEWOOD
ARAPAH OE COUNTY, COLORADO
YOU ARE HEREBY NOTIFIED That the City Council of the
City of Englewood, Colorado, has adopted a Resolution of Intention
to create Paving Di stric t No. 19 in said City for the purpose of
constru cting improvements cons isting of street paving, curbs,
gutters and side1valks (lvhere existing improvements do not conform
to City specifications ) on certain street s and alleys in said Dis-
trict, and to assess the cost thereof against the real property
to be benefit ed by said improvements.
You are sp ec ifically referr ed to the Notice of Intention
to create said District, to be publish e d in the Englewood Herald
on February 5, 12 and 19, 1970, and to the plans, specifications
and proceedings which will be on file in the office of the Director
of Public Works at the City Hall in En glewood.
A Hearing on said proposal will be held by the City
Council at a special meeting on 16~ , . ;;-t~ bi_, 1970,
at the hour of k C C o'clock P.H., at the Council Chambers in the
City Hall , in En g lewo o d, Colorado.
DATED This 2nd day of February, 1970.
Is/ Stephen A. L~on
D~rector of F1nance
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7. That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid, such judg-
ment shall not affect, impair or invalidate the remaining provi-
sions of this Resol•Jtion, it being the intention that the various
provisions hereof are severable.
ADOPTED AND APPROVED This 2nd day of February, 1970.
(SEAL)
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Introduced as a Bill b y Councilman Dhority .
ORDINANCE NO. 3, SERIES OF 1970
AN ORDINANCE AMENDING SECTIONS 16.5-5(a) AND 16.5-18(5)
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY
REMOVING ANY EXEMPTION FROM THE CITY RETAIL SALES AND USE TAX
PREVIOUSLY GRANTED TO NATIONALLY CHARTERED BANKS WITHIN THE
CITY OF ENGLEWOOD, COLORADO UNDER THE AUTHORITY OF ORDINANCE
NO. 8, SERIES OF 1968 AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEW OOD, COLORADO:
Section l. Section 16.5-5 (a) entitled "Exempt Taxpayers"
is hereby amended to read as follows:
Section 16.5-5(a). Sales to the United States Government;
to the State of Colorado, its departments or institutions, and
to the political subdivisions thereof, in their governmental
capacity only; in all sales to the City; providing, however,
that no commercial , industrial, or other banking institution,
organized or chartered BY THE UNITED STATES GOVERNMENT, ANY
AGENCY OR DEPARTMENT THEREOF, or by the State of Colorado,
shall be considered a governmental institution for the purpose
of this exemption.
Section 2. That Section 16.5-18(5) entitled "Items Exempt
From Use Taxes" is hereby amended to read as follows:
Section 16.5-18(5). The storage, use, or consumption of
tangible personal property of the United States Government, or
the State of Colorado, or its institutions, or its political
subdivisions, in their governmental capacities onl y ; or by
religious, charitable or eleemosynary institutions in the
conduct of their regular religious or charitable functions pro-
viding, however, that no commercial, industrial or other
banking institutions, organized or chartered by THE UNITED
STATES GOVERNMENT, ANY AGENCY OR DEPARTMENT THEREOF, or by
the State of Colorado, shall be considered a governmental
institution for the purpose of this exemption.
Section 3. The City Council hereby finds, determines and
declares that the provisions herein are necessary for the pre-
servation of public health, welfare, peace and safety, and
shall become effective February 1, 1970.
Introduced, read in full and passed on first reading as
an emergency Bill for an Ordinance on the 26th day of January,
1970.
Read in full and passed on final reading as Ordinance
No. 3, Series of 1970 on the second day of February, 1970.
Published in full as Ordinance No. 3, Series of 1970
on the fifth day of February,-~'-"~~
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD , COLORA DO
FEBRUARY 2 , 1970
REGULAR MEETING ·
The C~ty Co unc ~l of the City of Engl e wood, Arapahoe
County , Colora do , met i n regular sess ion on F e bruary 2, 1970
a t 8 :00 P .M.
Mayor Schwab, pres~d~ng, c alled the meeting to order.
The ~nvoc a t~on wa s given by Ma y or S chwab. Pledge of
Alleg~a nce was led b y Bo y Scout Troop No. 1~4.
The Ma yor asked for roll c all.
roll , the fol low1ng were present:
Upon the c all of the
Counc1lm en Bro wn, Kr ei l~ng , Lay, Lone, S e nt i, Schwab.
Abs e n t : Councilman Dhor~ty.
The Ma yor declared a quorum p resent .
Also pre sent were : c~ty Ma nager D ~al,
City Attorney Berard~n i ,
C~ ty Clerk L yo n.
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COUNCILMAN LAY MO VED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEET ING OF JANUARY 19, 1970 AND THE
SPECIAL MEETING OF J 'ANUARY 26, 1970 BE APPROVED AS READ . Upon
the c al l of the roll , th e vote r esulted as follows:
Ayes : Counc~lmen Brown , Kre~ling, Lay, Lone, Senti,
Sch wab .
Nay s : None.
Absent ' Councilman Dhor1ty.
The Ma yor decl ared the mot~on carried .
Ma yo r Schwab recogn~zed Mr. Gurney B . Ulrich, 2958
South Grant Street , from the l1st of "Speci al Citizen Program
Inv1tees."
C1ty Attorney Berard1n1 i ntroduced Mr . Don Hanneman,
Ass 1st an t C1ty Attorney , and h~s w~fe , R1ta. Mr . Berard1n1
stated h a t Mr Hanneman would be handl~ng Mun ici pal Court.
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Mrs. Charles Bernhardt, 4501 South Clarkson Street,
appeared before Ctty Council 1n oppos1t1on to the proposed
pav1ng of East Stanford Avenue 1n Pav1ng D1str1ct No. 19. Mrs .
Bernhardt presented a l~st of s1gnatures of 1nd1v1duals 1n opposi-
tlon to the pav1ng Mr s. Bernhard d1scussed her opposit~on with
members of C1ty Counc1l.
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Mr . J~m Don elson, 4495 South Cl arkson, appeared before
C~ty Counc~l . Mr . Don elson ~nquired as to whether the City would
do the pav~ng.
Mayor Schwab ~ndLcated that the paving would be done
through a prLvate contra ctor.
C~ty Manager D1al tndLcated that the FBI report and
pol1ce ~nvest~gat1on had been received on the following :
Guespato Cristofolo Chiacchierone
Mr . Thomas P . Scifo
Mr. Lewis P. Scifo
Mr. Charles Koester
Mr. Dial stated that the report ~ndicated nothing derogatory.
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Mr. Anthony Zarlengo , attorney , appeared before City
Council represent~ng the Or1g~nal Mexican Cafe , Inc . Mr . Zarlengo
requested that C~ty Council reissue the license for the establish-
ment formerly known as the Hackney House to Original Mexican Cafe,
Inc . Mr . Zarlengo ~ntroduced Mr . Richard W. Hamilton, Mr. Arthur
E . Hamilton , Mr . Douglas V. Rogers and Mr . Wesley D. Rogers, all
off~cers of Or1ginal Me xic an Caf e , Inc .
COUNCILMAN KREILING MOVED , COUNCILMAN LONE SECONDED,
THAT THE CITY COUNCIL GRANT THE REISSUANCE OF THE LIQUOR LICENSE
AT 4595 SOUTH SANTA FE TO THE ORIGINAL MEXI CAN CAFE, INC . Upon
the c all of the roll , the vote resulted as follows :
Schwab .
Ayes ~ Counc1lmen Brown , Kre~ling , Lay, Lone, Senti,
Nays ~ None.
Absent : Counc1lman Dhor1 y .
The Mayor decl a red the mot1on c arr~ed .
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The m1nutes of the Plann1ng and Zon1ng Comm1ssion meeting
of January 6 , 1970 were rece1ved for the record .
* ...
The m1nutes of the L1brary Board meeting of January 13 ,
1970 were rece1ved for the record .
The minutes of the Parks and Recreation Commission
meeting of January 13 , 1970 were rece1ved for the record.
!he m1nutes of the Board of AdJustment and Appeals meeting
of December 10 1969 were rece~ved for the record.
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The minutes of the Water and Sewer Board meeting of
January 20 , 1970 were rece~ved for the record with three a ttach -
ments.
A memorandum recommending that an appointment be made
immediately for representat~ves of the City of Englewood to meet
with HUD off~c~als concerning the Engl e woo d HUD application for
a Federal grant in aid for the We stern Slope water development
was rece~ved for the record and discussed.
City Manager Dial stated that an appointment with
representatives of the Department of Hous ing and Urban Develop-
ment in Fort Worth was being establish ed for the first or second
week in March . Mr. D ~al 1nd1cated that Mayor Schwab , Utilities
Dir ector Cha rl es B. Carroll and he would attend.
A memorandum Lecommending the inclusion of additional
land ~nto the Southgate Sanitation District was received for the
record an d discussed.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE INCLUSION OF ADDITiONAL LAND INTO THE SOUTHGATE SANITATION
DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE
AUTHORIZED TO EXECUTE THE NECES SARY DO CUMENTS. Upon the c all of
the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lay , Lone , S e nt i ,
Schwab.
Na y s: None .
Absent: Councilman Dhority.
The Ma yor declared the mot~on c a rried.
A memorandum recommending that the Connector's Agr eement
between the City of Engl ewood and Country Homes Sanitati on D~s trict
No . One prov~ding for En glewood sewage treatment b y connec tio n
of such district d1rectly to the Engl e wood sewer s y stem be a pproved
and properly executed was received for the record and dis cussed .
COUNCIL MAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE CONNECT OR 'S AGREEMEN T BETW EEN THE CITY OF ENGLEWOOD AND COUNTRY
HOMES SANITATION DISTRICT NO . ONE BE APPROVED AND THAT THE MAYOR
AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMEN TS .
Upon the call of the roll, the vote resul ted as follows:
Schwab .
Ayes: Coun cilme n Brown , Kreiling, Lay, Lone, Senti,
Nays : None.
Absent: Councilman Dhority.
The Mayor declared the mo 10n carried .
* *
C1ty Attorn ey Berardlni presented a Bill for an Ordinance
author~zing the Englewood Mun~cip al Court to conduct trials by
JUry. Mr . Berardln~ 1nd1cated that this was n ecess ary in light
of a recent Colorado Supreme Court dec~s~on that sta ted the right
to tr~al by jury must be afforded by spec~fic act~on of the govern-
~ng body.
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Introduced as a Bill by Councilman Lone and read in full,
A BILL FOR
AN ORDINANCE AMENDING SECTION 18.7-1 OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD, COLORADO BY GRANTING TO DEFENDANTS
IN ALL TRIALS IN THE MUNICIPAL COURT A RIGHT TO TRIAL BY JURY.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND
ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lay , Lone, Senti,
Schwab.
Nays: None.
Absent: Councilman Dhority.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini stated that a new suit concern-
ing the left turns at Bannock and U.S. 285 had been filed . Mr.
Berardini indicated that the suit asked the court to declare
Ordinance No. 36, Series of 1969 , the ordinance which restored
the left turns, valid. Ordinance No. 36, Series of 1969 was
amended by Ordinanc e No. 42, Series of 1969 by reinstating the
left hand turn restriction.
City Council discussed the law suit with City Attorney
Berardini.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
CITY ATTORNEY BERARDIN I BE AUTHORIZED TO DEFEND THE CITY OF
ENGLEWOOD IN THE LITIGATION BROUGHT BY W. W. REES, B. B. WRIGHT,
MATTHEW M. SUMMERS, AND RACHAEL GORDON TO CAUSE LEFT TURNS TO BE
REINSTATED AT BANNOCK AND U.S . 285. Upon the call of the roll,
the vote resulted as follows :
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Schwab.
Nays: Non e .
Absent: Counci lman Dhority.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini discussed whether the City of
Englewood's liquor occupational tax was more properly entitled a
tax or a fee with City Council.
* * * * * *
ORDINANCE NO. 3, SERIES OF 1970
AN ORDINANCE AMENDING SECTIONS 16.5-5(a) AND 16.5-18(5}
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY
REMOVING ANY EXEMPTION FROM THE CITY RETAIL SALES AND USE TAX
PREVIOUSLY GRANTED TO NATIONALLY CHARTERED BANKS WITHIN THE CITY
OF ENGLEWOOD, COLORADO UNDER THE AUTHORITY OF ORDINANCE NO. 8,
SERIES OF 1968 AND DECLARING AN EMERGENCY.
(Copied in full in the official Ordinance Book.)
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COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
ORDINANCE NO. 3, SERIES OF 1970 BE PASSED ON FINAL READING AS AN
EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD
AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Schwab.
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: None.
Absent: Counci lman Dhority.
The Ma yor declared the motion carried.
* * * * * *
City Manager Dial stated that Fire Chief Hamilton had
requested that he, his chief training officer and a shift captain
be allowed to attend the Forty-Second Annual Fire Department
Instructors' Conference in Kansas City, Missouri, March 24 through
27, 1970.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT THE FIRE CHIEF AND TWO OF HIS STAFF BE AUTHORIZED TO ATTEND
THE FORTY-SECOND ANNUAL FIRE DEPARTMENT INSTRUCTORS' CONFERENCE,
MARCH 24 THROUGH 27, 1970 AS REQUESTED. Upon the call of the
roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Dhority.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial requested approval for Sergeant
Robert Penn ey to attend two armorer schools conducted by Colt
Firearms Company and the Smith and Wesson Firearms Company in
Connecticut and Massachusetts. Mr. Dial stated that Sergeant
Penney would be away from the City for 3~ weeks, and his
expenses would be approximately $755.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
SERGEANT ROBERT PENNEY BE ALLOWED TO ATTEND THE COLT AND SMITH AND
WESSON FIREARMS SCHOOLS FROM MARCH 30 TO APRIL 24, 1970. Upon
the call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Dhority.
The Ma yor declared the motion c arried.
* * * * * *
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RESOLUTION NO. 2, SERIES OF 1970
A RESOLUTION DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVE-
MENT DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO. 19;
ADOPTING DETAILS AND SPECIFICAT IONS THEREFOR; AND ORDERING PUBLI-
CATION AND MAILI NG OF NOTICE OF HEARING TO THE OWNERS OF THE
PROPERTY TO BE ASSESSED FOR I MPROVEMENTS IN SAID DISTRICT .
(Copied in full in the official Resolution Book .)
COUNCI LMAN LAY MOVED, COUNCILMAN BROWN SECONDED,
THAT RESOLUTION NO. 2, SER IES OF 1970 BE ADOPTED AND APPROVED AND
THAT THE DATE FO R PUBLIC HE ARING BE ESTABLISHED AS FEBRUARY 23,
1970 AT 8:00 P.M. Upon the c a ll of the roll, the vot e resulted
as fol lows:
Ayes: Councilmen Brown, Kreiling , Lay, Lone, Senti,
Schwab.
Nays: None.
Absent: Coun cilman Dho rity .
The Mayor declared the motion c arried.
* * * * * *
City Manager Di al gave a brief r e port on the progress
of legisla t ion in the State House affecting the Highway Users
Tax and a State collected-loc ally shared sales tax.
* * * * * *
City Manager Dial discussed the land exchange proposed
by the First Nat ional Bank of Englewood for pro perty ad j a cent
to Englewood City Hall and the new First National Bank building.
Mr. Dial stated that the bank wa s offering 1525 squar e feet for
2703 square feet of the City 's property.
It was the cons e nsus of City Council that the City
Manag er establish a f a ir market price for the land wanted in
exch ange .
* * * * * *
City Manag er Di al presented a memorandum dated January
30 , 19 70 from Director o f Finance Lyon and Director of Public
Works Waggon er conc ern i ng bids received for school cro ssing signals.
Mr. Dial stated that $24 ,386 had been budgeted for this project
and that on the basis of the bids rece ived , it was estimated
that the tot al project would e xceed $2 7 ,900. Mr. Dial stated
that due to the relocation of the elementary school in the Scenic
View ar e a within the near future it would not be necess ary to
construct these school cro ssing signals and thus the total
expenditure could be reduced by $2 ,200.
City Council discussed the fact that only one bid had
been received for the traffic sign a l equipment.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
CONSIDERATION OF THE AWARD OF THE BIDS RECEIVED FOR SCHOOL CROSSING
SIGNALS BE TABLED FOR FURTHER STUDY AND ADDITIONAL DETAIL ON THE
BIDDING PROCESS TO BE PROVIDED BY THE CITY MANAGER AT THE NEXT
MEETING. Upon the call of the roll , the vote resulted a s follows:
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Aye s: Cou n ci lme n Brown , Krei ling , L a y , S e nti, Schwab.
Na y s : Coun cilman Lone.
Ab s e n t : Coun ci lman Dhority .
The Ma yor declared the moti on c arri e d .
* T * * * *
C1ty Man a ger Di a l pre s e n ted a l etter d a ted Febru a r y
2, 1970 from Di r ector of Publ ic Works Wa ggon er to S t a te Highway
E n gi n eer Haas e. Mr . Di a l st a ted t h a t due to the f a ct tha t the
Co lorad o Depa rtme n t of Highwa y s was g o i ng to impr ove South Feder al
Bou l e vard n o r th of West Be l lev iew , Dir ector of Public Works
Waggo n e r h a d obt a 1 n ed pledges of $1 0 ,00 0 e a ch f r om the own e r of
t he Cent e nn i al Sho pping Cen ter , Arapah o e County a nd the Sta te of
Colo rado . The S t a te of Co l o rado had a lso o ffere d t o d o the
e nginee ri n g to i mp rov e the storm d r ain a ge. Mr . Di al s t a ted th a t
in o r der to firm u p the ar r ang e ment , a pledge from t h e City o f
Eng l e wo o d of $10,00 0 would a lso be req uired .
COUNC I LMA N KREILING MOVED, COUN CILMAN LA Y SECONDED,
THAT THE CITY OF ENGLE WOOD BE AUTHORIZED TO PARTICIPATE UP TO
$10 ,0 0 0 AND TO COOPERAT E WIT H THE STATE HIGHWAY DEPARTMENT AND OTHER
AGENCIES I N TH E CONSTRUCT ION OF A STORM S EWER FACILITY NORTH OF
T HE INTERSECT ION OF BELLEVIEW AND FEDERAL , SAID PARTICIPATION TO
BE CON T INGE NT UPO N THE PARTIC I PATION OF THE OTHER PARTIES AS OUT-
L INED BY CI TY MA NAGER DIAL . Upon the c all o f t he ro ll, t he v ote
re s ult e d a s follows:
Aye s : Co unci lme n Brown, Krei l i n g , L a y , L one , Sen t i,
S c hwa b .
Na y s: No n e .
Abs e n t : Counci lma n Dhority .
The Ma yor dec la red the motion c a rried .
* * * * * *
City Ma nage r Di a l sta t e d th a t the Arapahoe Ma yo r s meet ing
woul d b e he l d February 5, 19 7 0 .
* * * * * *
Cou n cilman S e n ti r e port e d t o me mbers of City Council
th a t the Ci t y of She r id a n h ad wi thd rawn i t s fi nan ci al support from
the Engl e woo d -Litt l eton-Fo r t Loga n Bus Line . At a me e ting with
the City o f Littleton o n F e bru a ry 2 , 1970 , it wa s de t e rmi n ed th at
Eng lewood and Li tt l eton would continue to support t he bus l ine
on a 5 0-5 0 bas i s.
D1scussion ensued .
COUNCIL MA N SENTI MO VED , COUNCILMAN BR OWN SECONDED, THAT
THE CITY OF ENGLEWOOD CONTINUE TTS AGREEMENT WITH LITTLETON AND
MR. HERBERTS ON, THAT THE COST OF THE BUS LINE BE SPLIT ON A 50 -50
BASIS WITH THE TWO ClTIES WITHOUT THE CITY OF SHERIDAN PROVIDED
THAT THE CITY OF LITTLETON WI LL PART ICIPATE ON A 50 -50 BAS I S, AND
FURTHER THAT THE CITY ATT ORN EY BE DIRECT ED TO DRAW UP THE NE CESSARY
PAPERS TO EFFE T THIS MOTION. Up on the c a l l o f the r o ll, t he vote
r esul ed a s follows :
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Schwab.
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Dhority.
The Mayor declared the motion carried.
* * * * * *
City Council established a dinner meeting on February
9, 1970 to discuss appointments to the various boards and commis-
s ions and other matters.
* * * * * *
Councilman Lone stated that the Council of Governments
remodeling program for which the City of Englewood had pledged
to contribute a sum would not be carried through. Mr. Lone stated
that the Council of Governments was issuing a TOPICS map of projects
which would be used to guide the COG's decisions on aid through
the TOPICS program. Mr. Lone stated that this map should be re-
viewed carefully by the City of Englewood.
* * * * * *
City Council discussed the showing of "Infrasexum" at
the Gothic Theatre in Englewood and ways in which that movie and
other "X" rated films might be banned from the City.
* * * * * *
Councilman Lay stated that the painting on the left hand
turn pockets on South Broadway at the intersections of Mansfield,
Oxford, Kenyon and Dartmouth had faded badly and that prior to
repainting the left hand turn pockets considerable more discussion
should be carried out with the affected parties.
* * * * * *
City Manager Dial stated that Mr. Brooks Taylor formerly
of Colorado Springs had been hired as Traffic Engineer.
* * * * * *
City Manager Dial stated that Mr. Bill Brokate had been
appointed Chief Building Inspector.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: Non e .
Absent: Counc i lman Dhority.
The Mayor declared the motion carried and the meeting adjourned at
10 :25 P.M.
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1\Uilmon. ln Chil &eUon-Th" (' F . ll o~d.el Rlan't lloolo. (\ l1thu. Co., l~tocr, (" •lu
IN THE DISniCT ;; STATE OF COLOIU.DO ,
DIV. County of Arapahoe
CIVILAC~~~
V. W. U!S, a. a. Wltl«;HT,
MA'n'HEW K. SUtlfUS, &Ad
IACHAEL Ci'IOIDOie,
v:-..
Pt.At,;TIFF .
CITI OP ENGLEWOOD,
IWCEI E. SCHWAB, Mayor of the
City of £11&lft00d,
STAILEY DIAL, City Hanaa•r of
the Cit.J of £11alMIOOCl, ead
City C:O..CU._ JOHN C. UEILIIIC,
NIL1011 SDTl, JOHlf J. LAY,
DA•I AS DliOIITY, RICHARD LOlli,
.... IIOW.UD. c. uow..
DEFENDANT .
THI PIOPLE OF THI STATE OF COLORADO ,
SUMMONS
TO THE DEFENDANT S ABOVI NAMID-OBIETINO :
COUBT .
You arr hc•rchy stu nmonPd and rr•<Juir••d to filr with thP C lrrk an ans we r t o tlw complaint within 20
rlny s a fte r st•rvicc o f thi, stunmons upon yo•t. If you fai l •o to do, jurlp:uwnt hy dc·fault will hr taken a~~:a inst
.vou fo rth!' n•lid dt•lnand t•rl in the· complaint.
If S<'n·irc upo n you is 111adr o utsid!' ti ll' tntr of Colorado, or by publi ca ti on, o r if a copy of the com-
plaint bP not !'('r v('(l upon you with this s ummons , you u rr required to fiiP your an"w!'r to thr com plaint
within 30 days after se rvi ce of this summons upon you .
This is an action• te declare OI'Cil.._. le. 16. s.-iu ef 1969• eM
law ef tlae Clty of J:aal-.od _. to Mtala OI'Cier ef c.at to
eafen:.e aa14 ordlaaace, u _.,. ftally .., ..... 1a _, ef C...lalat
attechecl laente.
Dated J-.zy . .... , J\10
CLERK O F SAID OU RT.
~-u
DEP TY CLERK .
(S EAL OF Cou RT)
Non:.-This sum mons is issued pursuant to Rule 4,
Procedur~. o lorado RuleH Civi l
'If tho oummona 11 publiahlld or 10rvlld w11hout a eopy or tho eompi&IDt , ah.er the wo nt "action" ltale the "'her demanded .
U body elOcution 11 eoucht the oummoiUI muot It& I.e "founded upon l<>rl."
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LN T HE. DISTRICT COURT
IN AN[J FOR TilE COUNTY OF A"iAPAHOE
ST AT E OF COL ORADO
'-l '<.../ "(· Civll Action No._..,..,//
W. W. RE£5,
B. B. WRIG:HT,
MATTHEW M. SUMHE RS , and
RACII AEL CORDON,
Plaintiffe,
v•.
CITY OF ENCLEWOOD,
ELMER E. SCHWAB, Mayor of the
City of Enalewood,
STANLEY DIAL, City Haaaaer of
tha City of Ea&lewood, and
City Councilmen JOHN C. K~EILINC,
MILTON SDTI, JOHN J. LAY,
DALLAS DH02ITY, RICHARD I~NE,
and HOW AU> G. BROWN,
O.fendan~e.
COMPLAINT
COME HOW the Plaintiff•, by their attorney•, lobert H. Cloea
and Ceorae F. Hareh, and alleaes
1. That the Plaintiff• are qualified el~tora of the
Defendant City of Englewood and the Defend&Dt Clty of £n&levood
ia a h ... ruled city with a duly adopted b~ rule charter.
2. That on or about the 3rd day of Sept.aber, 1969, the
Plaintiffs fiLed with the City Clark of t.clewood a petition to
initiate the follovina ordlnaneos
•The left turn traffic reetclctlOD at the 1ntareect1oa
at So. laDDock St. ~ ltate B~y 215 in the City of
Eqlewood h bere"Y r_w_.. Meter Yehicle traffic
approachiDI tbh lnureectlOD fna tha weet •u a.. pe._
altted to ~urn left aDd precaed aorth .. Sa. kvock St.
without reetriction. If aar raetrictlon prewa11• lt eball
be r-.ved.
Haapden Ave. in the City of £aalewood, both eaet aad
weet, h hereby duianatad u a tw ... , or two directi ... l
a•enue with ~tor •ahicle traffic ta be pa~ittad to -..a
both ... t and vaet euapt for that pertiOD of Weet llllllpcl•
between South le-ock Street aod Bi&h-J 215. 'nlb onlia-
aaca r.,..l• ell ordlaaacea, reeolutlODt, aotioa. __.
traffic directive• in conlliet tbe~ewith.•
A copy of the above petition 1a herebJ attached and -~ked
Plaintiff•' Exhibit 1 •
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That aaid ordinance was initiated bJ petition by virtue of
the proviaiona of Ar t icle VI, Section 46, of the He.e lula oaartee
of the City of Ena lewood. That the proviaiona of afore .. t•
Article VI, Sect i on 4 b are aa follova&
"Section 4&.
Subaiaeione-lf the petition acco.paayiaa tho propoeed
ordiaanee ia ai'oed by qualified elector• -.ual ia ...-.r
to teD percent ( 1~) of tho preeedia& pberaatarial fttO
in the city with a roqueat for a a~ial elacti .. l ~
Council ahah either pa .. eald ordiuaca without a tara--
tiona within thirty day• after the patitloe ia flladl __.ject
to the referendua, or call a epactal .ualcipal alact OD
unleea a aeneral or epaclal lallllclpal olactl.. ia to Mcua"
within ninety clay• thar .. fter. At audl epeclal or ,_..-.1
muaicipal election the Couaeil eball oubalt .. ld ordiaaaco
to a vote of tho alectore of the City. If tho petltloa la
1ignod by qualified olectora equal in ~r to at l ... t
five per cant (51) of tho prec .. t.a ~raAtorial vote ia
tho city, and ie filed with tho City Clark at l ... t •lxty <•o> daye before any .uaicipal or , ..... 1 1tato olectioa,
the COUlleU 1ball peee eald p~a .. ons..m.o without
oltorotione within thirty (30) ..,., or ehall aubalt ....
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to a vote of the elector• at the aext a ... ral .uaicipal or
•tate election. If tho petitiOD 1e not filed with &he City ',
Clark at l .. et •lxty (60) day• before the aaxt aoeeral
.unlcipal or etato olacti-l it ahall be •11 aad ftid.
AD 1ait1atod ordiDADCo ebal be .-.u-.. la the .... ·-~ ...
u other ordlaane••· Tho Mllot upoa *tell ~r.,. ...
ordiaaDco b eubaittod eball c-.ly witll tlae ~ta
eat forth in Section 14 of thh Charter. If a -Joritr of
tba elector• votiac thor ... eball veta ia f..-r ti.roof,
tho .... aball tharaupoa, withMat furtber ,..t.Uc.atl•
boc0110 an oniuaca of tho City ~iatoly. My ~r of
propo .. d ordlnaaeoa .. Y be aWiaitt .. at tho .... olacti•.
The ~Uaber of •.-clal olacti ... aball be Ualt .. •• pnvl~
in Section 14 of thi• Charter.•
3. Tho City CouDcil of tho Dofoadaat City of &.&1 ..... , ia
co.pU~e with Sect i on 46 of ArUcla VI of the a.-lbala a.artor,
pa ssed the pre posed o r dinance without altaratioe withia 30 ..,.
of lt MiD& aulaitted. Sa14 onl•wo wu •Utl .. lo. 36, lad•
of 19i9. Said ordinaaca -.a dgly .-~Uehod October 9, lt6t ...S
October 23, 1969. Said ordl--. .... ,.. ... oe fl-1 rN41aa •
October 20 , 1 "'. A copy of .. id ordl-.co at puted bJ Def...._t
City Couacil 1• ~•br attached aad .. rk .. Plaiatiff•' lxhiblt
2 . Accordlq to Sec t10ft 39 of Artida V of the aforata14 Charter,
taid ordinaace t ook ef fec t JO day• after tho publicati on followl ..
f1Da l peuqe on Oc tober 23 , 196 9. That .. id ord1aaaea •••
the l aw o f t he City of ED&lewood oa Mov .. ber 23 , 1969 . That the
provi1 i one o f a f ore•aid Arti~l• V, Section 39 of the ~ a.lo
Charter are hereby •e t f orth u fol l owt&
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"Section 3 9 .
form-E\Ier.y o rdi n•mce $ha ll b e inL roduced in written or
printed furtn . T!.,., e n n<..tt ng ;: a •J.se of ali ordinance• ehall
b,~, Bf l T uR DAlf'):l' n v Til£ CITY Cu UNCIL OF TH F.. CITY OF
E N G L ~i.!C.IOD , Cl'Li.;,! ) • .<c.::!p l •. ·• oth ;~nwit e prov lded in this
a rticle, el I o r din .:mce~: shall t a ke effect thirty days
after ;>ub liLt;l :m follo~o:ing final pa ssage."
T~t the provisions of Ar tic le I, S ec~ion 48 of the Hoae
Rule Charte r abo e referr~d to i s hereby eet forth, aa followe:
"S ection 48 .
Amend ment -n ordinance adopted or rejected by electoral
vote unde r e ither t h e initiative or raferendwu, cannot be
r cvis~d, repealed , or amended except by electoral vote;
but t he Co uncil shall have the power to aubmit a proposition
without a p etiti on ther<tfor, subject to the limitation. eet
forth in Se ct ion 14 of thia C harter.~
4 . That on o r aoou t the 17th day of November, 1969, the
ity Council of th e Defendant Ci ty of En&lewood passed an
ordinance desi¥Th~ted aa Ordinance 4 2, Series of l96i, in whieh
said Councll attempted to repeal the aforaeaid ordlnanee entitled
No. 3 b initiated by the elector• of the City of Eft&lawood. That
said ectlon on the part of tha City Council waa void ab initio
waa contrary to the provision• of Article VI, Sections 46 and 48
of the Home Rule Charter of the City of En&l~ood, Colorado. A
copy of aforesaid Ordinance 42 ia hereby attached marked Plaintiff•'
Exhibit 3.
5. That on November 2l , l 9b 9 , the Plaintiff•, throuch their
attorney, notif ied the Mayor of the Ci ty of Enalewood, toaethar
with Defendant S tan ey Dial, City Hanaacr of the City of Eqhwood,
demandlna that the administrative officer• of the City of
En& ewood compl y ~1Lh the provlaiona of the Charter aad the ordin-
ance that wa1 designated as Ordinaoca 36, Series of 1969. That la
•pite of said notification, the City of ~lawood haa failed and
refuaed to put said Ordinance 36 in full force and effect ln
ca.pliance with the mandatory provisions of the Hoae Rule Charter.
WHERF.rORE, Plaintiffs pray that the Court find and declare
aforeaa ld Ordinance No. 36 of 19&9 aa duly and lawfully paaaad
by the ClLy Council of the City of Enalewood tmd that the ....
became law an tha t th e Court issue i t a mand ate o rderlna the
Mayor and the City ~ n&&•r and any adalniatrat ive officer of
the Ci ty o t ~nglewoo d to forthwith pu t said ord1naDCa into full
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force and e ffec t and l o make Lhe n .cessary phyalcal adju•~at•
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at the corner "f ?8 5 :n:r~ :-o u~h Bannr;ck Street to properly
effectuat~ the cer ~. :n,~ T .Jt f th:? 5 .'3 d o::d in.ance, and such other
and furt eT rel i~t 1.;: t o t:h<> Court seems p ro per.
Addresaea o f P l t~int.if t.
''. ft . rteea
31GJ South Gran t
£n&lewood, Co lorudo
B. B. Hri&ht
3290 South r'~nn.
En&~ewood, Colo rad o
Matthew M. Sumroers
3140 South Delawar~
Enalewood, Colorado
Rac.hael Gordon
710 East Harapden Ave.
Enalewood, Colorado
~o b crt H. Cloae and Ge orae F. Harah
• ((( 'L -~. t Ill , . I By-.~,~~~~,~~~~·~.~t ~~~---~-~0._ __ _
Attorney• for RlAlntlff8
3485~ Sout h Acoma S treet
~nglewood, Colorado 8011 0
781-7 8!~
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PLA INTIFFS•
Xlli BIT 1
~J n L1 r.j 1 r~ c
IT US A IFIElC:lY:
for anyone to sign any initiative or referendum petition with any name ~er than his~~ her own or to
knowingly sign h is name more than once for the same measure or to stgn such pehtton when not •
qualified elector.
DO NOl SIGN THIS PETITON UNLESS YOU ARE A QUALIFIED ELECTOtt
TO BE A QUALIFIED ElECTOR, YOU MUST BE:
(a) At least twenty·~>ne years of age.
(b) A citizen of the United States.
(c) A resident of the state of Colorado and have resided in the
state at least twelve months.
(d) A resident of the county in which you live for at lent ninety days. ·
(e) A resident of the city or town in which you live for at least thirty days.
(f) A resident of the precinct in which you live for at least fifteen days.
Do not sign this petition unless you have read or have had read to you the proposed initiative or referred
meuure in its entirety and understand its meaning.
PETinON TO INITIATE AN ORDINANCE
TO THI CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Wt, \ht underallntd, duly que llll.ci el~~etora ol tht Stoto ol Colondo and the City ol Enalewood, do ht~by re1pecltully
order and demend th)t tht propo1rd ordlnanro hrrelnalttr lttlorth ahall bt ~felTed accordlnl to law and Jn tht lonn pe-
tltlontd for . by tho C ty Coun cil or the City or E ng lewood , Colondo to a vote by the ltlll votera of u.ld City ot l:nllt-
woocl. at \ht next rentral city tltctlon to be held altrr the flll nl of thla petltlon.
&ach of tht 1l1n•ra ht~to, Cor hlmarlf or htr~tlf u the cnlt may bo, uye: I 111n thl1 potltlon by my own 1l1natun
only ; I am a qua ll !lrd elector of thr State of Colorndo end of tho City of Enrlowood elo~uld : my ~lldtnct addreu and tht
clete ot my l lKnlng thll p tlltlon aro correetly wrltton lmmtdtatt ly 1!\tr my name : and I do ht~by dHIInltt tht followlnl
namtcl peraon1 to ~~~~lint mt Jn ell metttrt el!t~et lng thl1 petttlon :
CHALMERS£ A. PARKE!\, aoge S o. Orant, En,lawood, Colondo
W. W. RtES, 3101 So. Orant, Enll ltwood . Colondo
8 . B . WI\IOI!T, 3~~0 So. l'onn .. E n ~lewood . Co lo rtdo
MA'M'H!W M. SUMMEIUI , 3140 !:lo. Otlawar•, EnAitwoocl, Colorado
RACHAII. 001\DON, 710 !. lltmpdon Ave .. Enlltwood, Coloreclo
Tilt ordlnan~t propOttd hortby end tht IIIIo thtrtto .~. 11 foUO'WI :
AN ORDI'-'AN('Y. lti':~OVINO 1'111': U:I"T TUll.'< nt.u·~·r c RI-:STRi l.,.IOS AT THE ISTERSECTIOS OF SOUTH BANNOCK
IT. A 'D STArt: IIIOI!WAY 2113 , Cl'l'Y 01" t::-tOL.P.WOOO , COI.OI\ADO ASP m:SIGSATISG HA~PDI!:.'< AVE ., BOTH EAST
AND WEST , AS A TWO WAY OR TWO Dl!U:C'riONAL ·AVEN UE PER.\Il'M'ING MOTOR VEHICLE TRAme TO MOVE OR
TRAVEL BOTH EAST AND WEST.
81 IT O!UlAINED •BY THE PEOPLE Or TilE CITY Or ENGLEWOOD, COLORADO :
Tht left turn tretflc tellrlctlon II the lnt ~rsectl on It So . B1n nock St. and State Hl£hway 285 In the City of Enclewood .
Coloredo 11 hrr eby removl'<l . ~lotor vehlele treftlc approachlnll th le lntrnc<:tlo n !rom the well shill be permitt ed to turn ltft
end proceed north on s, Bannock St . wtthout restriction . II en y r estriction prevails It 1h11l be removed .
Hampden Ave . In the City o! l::nlllcwood, Colorado both eut a nd west , 11 hereby de1l~nated 11 1 two wey or two dlreetlonll
even ue with motor veh icle tre!!lc to be pennlttcd to move both tilt a nd wut excep t for thet portion ol Wut Hempden between
South B1 nnock Street a nd Hlahwey 28~ Th is ordlnence r epttll e ll ordlnencu, ruolu t1on1 . motion • and traffic dlrtctlvtl In
~onfllct therewith .
For
AN ORDINA NCE RE.\IOVII\'G THE LE:FT TURN TRAFFIC RESTRICTION AT TH! The
INTERS ECTION OF' SOL'T ll BASSOC K ST A.'<D STATE II!GllWAY 28 3, CITY Ordlnenct
OF E:li:GLE:WOO D. COLOHAOO AS D OESIG:-IATISG HA~ti'DES AVE , BOTH
EAST A:-.10 WI::ST , AS A TWO WAY OR TWO DIRECTIOSAL AV ESUE PER · Altlnlt
MIT'TI NG MOTOR VU!ICLI:: TRAFFIC 1"0 MOVE OR TRAVEL BOTii EAST Tht AND WEST . I Ordlntnct
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IN TROOU CED AS A (II L L UY
COUNCI LI•IAN LAY
OY AU 1 H0A I 1 v
0 1101N ANC[ N O •
SEI1 1<;S Of 1"b9
AN ORDIN AN Cf '>P.'OVIO:G THE
LErl l U r~N rR ~.t .. ,._ f.{!_S IR IC·
T ION A 1 1 ttf-11\ IT4SLl. T tUN U f-
SOUl It 01\Nr~UC K S 1 ;.·~u ~ 1 ,.l.l
H IGH.\'A \ ?A" CI TY ('f : NGLt.:-
WOOO CC'Il tH~-'H1 .:.·.!..' Ut s:r,
NA.li NG H ·,'.IPOlf.l h\· t 1Ht
EAST A f ;Q \\! I ,\<. ~ ..-.'.u ,'Ji·'r
oq 1~·.o OJr1'[ rr I;J'..jHL ., . f "'jl·E
P RM t li i N ·, IU l ~n \t.IIICLE
T A A~F tl. -1( t-.1 J \[ uq lfi f ~V E L
0 01 H l AS 1 ·\~D \\f S r
B E 11 OHDAI ~f D I •Y THE Cl fY
C OUt<Cil 0 1 1 d [ r I I ' O f
E NGLl ~'.000 C..• ·t t;.H ,f\JtJ
1 1 lie lr lt :urn ''1'' c •••::.tnc·
t +o n '" 1 e H•'t-r:::.•• ''"'' 11 So O an ncc.~ s· 1'i.J St ~·~ H ttJr \',.l'r
2 8 !) HI lh(' ( 1( I l • f I "ji••,.I)Qd ,
Color ado es "(.'r d., ''"•""11:·'1.•·\J f1.1,ltOt
V chrcle flalh c 11 r'l r ~ lr te•r-q 11115
1nters r r 1ton t• ... '' • : ••• t '•".:til
b e f\e'f"ll lf"O hi l••'n , 't rl'l(] 1 rO(e'"•.l
nortfl on Su HI' t :A P.. S 1.\-t ' V'J I
lf'S.l fi Ci oOn 11 1".,t lf•dftC.:IOO
r reva•• '' ...,.,.111 L" ,, ., .(
H :trn, df·t• 1\\l .,, l h· Cily
ol E:.rg'n\ -t'<1 l.OIC'r,t.o Cl< 'I •'•151
ar\Q '#,t•S I 1.. lit. 'I'll; h·'J.1Qf tf t •O
as a t ...,o v.1 > or t ... o o 'f'C'•ot a 1
1\IC'nu" ..., !h "'Olur \~'lliC,P 'f.l f!IC'
to b(' Pf:'"l·ll"•·ll to ·OC\£' bottl
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PLAINTIFFS'
EXHIBIT 7.
east and west C IC Ce OI l o r that
POrt to n ol West Hdmooen betwee n
South Ofl nnocK S t re~t 1nd H1grw.1y
2 65 1 tl•s ora manc p '""P".:tts ,111
o rdmances resolt.Jt to ns mot to ns
and tra l ltc duec t • ... cs •n con t l •c t
thcre'-'n t n
Introduced reao '" f u ll ~n d
Pas sed on f •rst re aall'9 on the 2~1
d ay o r Sc PH'mber 1969
Pub lisfled a s a 8 111 to r :'\n
Or d~nanc r on t he qp, a .1.,. o t Oc:ober
1969
Rea a by le l l t> .J M c:;c ecs 0 11
ftnd l rt~ad eng on !fle 20th Ott ) of
October 1Qti9
Pub iiSh'!d by t l\l e .1 ~ O rd tn af'C'P
36 . Sc r tb o f 19o9 on tne 2 Jr d
d ay of Oc tobf'r 19o.
A II ebi
S Eln eer E Schwo1b
Mayor
s St ephen A. L yon
Cety C l er k · T re.:.sorer
I , St ephen A Lyo n a o ncrt>b y
certify ll •<tt the aco ve a,d l t~rt•
gomg tS a true a c (ln ti f' a no con
plet e co~·y o t an Ora .n.w ~.:r li .... c:; .. P\J
on t ena l reaotng .l r\0 t'ut.·•&'Jeo b y
t et le as Ord en::mce ~o Ju Sef!e~
ot 1969
A ttes t
s St f'phen 1\. Lyon
C ety Clerlo.·T te asu rer
I , S e phen A. L yo n, e x offi c io Ci y Clerk of th e Ci y o f
Eng l e wood , Co un y of Ara p ahoe , S a t e o f Col or ado , do he r eby ce rt ify
th a t the above and forego ing .is a t rue a nd corr e copy of Or di n ance
No . 36, Series of 1 9 6 9, fi n al l y p s s ed a n d adopted on he 20th
d ily o Octob er l\.D .. 196 9 bv t he Ci y Co11nci l of hr City o f
E n g l wo o d a nd fi l e d in t he Ordin a nce Bo oks of s a id Ci y .
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PLAINTIFFS'
EXHIBIT 3
INTRODUCED AS A BIL L BY COUNC ILMAN -J'lL.. L' '~,
BY AUTH ORITY
l
I ? : '""' . .., ' -,? ? I
ORDINANCE NO. -j )_ , SERIES OF 1969
> -..• -.1 .~
AN ORDI NANCE REPEA LING•OR DINA NC E NO . 36, SERIES OF 1969,
AND THEREBY PROHIBITING LEFT TURN 1R.AFFIC MOV EMENTS OF VEHICLES
TRAVELING~ ON U. S. HIGHWAY 285.
WHEREAS, there were previously presented to this City Council
petitions for a proposed ordinance pursuant to the provisions of
Sections 45 and 46 of the Charter of the City of Englewood, and
WHEREAS, the provisions of said Section 46 provides that,
upon receipt of such petitions, the City Council shall either
pass the proposed ordinance without alterations within a period
of 30 days thereafter or, in the alternative, submit the proposed
ordinance to a vote of the people, and
WHERE~S, upon receipt of said petitions, this City Council
did deem it to be more appropriate to enact said ordinance than
to submit the same to a vote of the people, by reason of which
this City Council heretofore enacted Ordinance No. 36, Series of
1969, and
WHEREAS, subsequent to the enactment of said ordinance, this
City Council has been informed by the Department of Highways of
the State of Colorado that, should the City of Englewood author-
ize left-turn movements at the intersection of U. S. Highway 285
and South Bannock Street, so as to allow westbound traffic travel
on U. S. 285 to proceed northerly on South Bannock Street, there
would be no necessity or reason for the construction by the said
State Highway Department of an interchange at and near the inter-
section of U. S. 285 and South Broadway Street and that the said
Department of Highways would not construct the same, and
WHEREAS, this Council, after considering the foregoing, has
reached the considered judgment and conclusion that the construc-
tion of such an interchange is of the utmost importance to this
City and that said interchange would accomplish the same result
that permitting left-turn mov~ments for vehicular traffic on
U. S. 285 at South Bannock Street would accomplish,
HOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, r.s followa:
Section 1. Section 1 of •.kdinance No. 36, Series of 1969,
is hereby repealed.
Section 2. Nothing herein shall be deemed to have affected
or modified, in any way, the provisions of Section 2 of Ordinance
36, Series of 1969, which designates a portion of Hampden Avenue
as a two-way or two-directional avenue, providing, however, that
any ordinance, ra.olution, motion or traffic directive which was
repealed by said Section 2 as being in conflict with the provisions .
of Section l of said ordinance, are hereby revived.
Introduced, read in full. and passed on first reading on
the / -/ day of November, 1969 .
Published as a Bill for an Ordinance on the .2 ;< day of
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Read -by title and passed on fina 1 reading on the .L.: . ./ /-· day of ,,_· , 1969.
Publi shed by title as Or dinance No. 1969, on the day of ---------Series of 1969.
Attest:
I, Stephen A. Lyon, do hereby certify that the above and
foregoing is a true , accurate and complete copy of an Ordinance
passed on final reading and published by title as Ordinance No. ,/. , Series of 1969.
Attest:
I, Stephen A. Lyon, ex officio City Clerk of the City of
Englewood, County of A-rapahoe, State of Colorado, do hereby
certify that the above and foregoing is a true and correct copy
of Ordinance No. 42, Series of 1969, finally passed and adopted
on the first day of December A.D., 1969 by the City -Counci l of
the City of Englewood and filed in the Ordinance Books of said City.
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CITY
C(;, '}
COUNCIL CHAMBERS Crry •
OF ENGLEWOOD, COLORAD?:f' l.t,GJ...
JANUARY 19, 1970 c,.._c.;00 '·L.r::
REGULAR MEETING: . c ol..o.
The City Council of the City of Englewood , Arapahoe
County, Colorado, met in regular session on January 19, 1970 at
8:00 P M
Mayor Schwab, presiding, cal led the meeting to order.
The invocation was given b y Reverend Francis Kappes of
the All Souls Catholic Church . Pledge of Allegiance was led by
Boy Scout Troop No . 154.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Absent: Councilman Lone.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
City Clerk Lyon.
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COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF JANUARY 5, 1970 BE APPROVED.
Upon the call of the roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
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Mayor Schwab recognized Mr. and Mrs. W. M. Sanderson,
3265 South High Street, from the list of "Special Citizen Program
Invitees."
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Note: Mr. M. M. Summers, 3140 South Delaware, was
scheduled to discuss pornographic films being shown in the City
of Englewood but was not present.
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Doctor John Simon, Jr., president of the Englewood
Lions Club, appeared before City Council. Mr. Simon request ed that
the Snorkel Fire Truck b e dedicated as a memorial to Douglas C.
Sovern, immedi ate p ast fire chief. Mr. Simon stated that the
L1ons Club wished to place plaques on the Snorkel setting forth
this dedication .
Upon question , Fire Chief William Hamilton appeared
before City council and indicated that the dedication of the
Snorkel was in keepi ng with practices in other communities .
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COUNCILMAN KR E ILING MOVED , COUNCILMAN BROWN SECONDED,
THAT THE CITY COUN CIL ACCEPT AND APPRO VE THE REQUES T OF THE
ENGLEWOOD LIONS CLU B THAT TH E SNORKEL BE DEDICAT ED AS A MEMORIAL
TO DOUGLAS C. SOV ERN, IMMEDI ATE PAST FIRE CHIEF , AND THAT THE
PLAQUES STATING THIS DEDI CAT I ON BE ACC EPT ED BY THE CITY OF
ENGLEWOOD. Up on t he call of the r o l l, t he vote result ed as
f o llows:
Schwab.
Aye s: Coun cilmen Br ow n, Dhority , Kre~ling, Lay, Se n t~.
Nays : No n e.
Abs e n t : Cou nc ilman Lon e .
The Mayor decl ar ed the motion c a r r ied .
* * * * * *
The minut es o f th e Planning and Zoning Commis sion
me e ting o f Decemb e r 1 7 , 196 9 we re r ece ived f or the record.
* * * * * *
The minut es of t he Board o f Car ee r S e rvi ce Commission e r s
meetings of December 1 9, 196 9 an d January 1 5 , 1970 we r e received
for the record.
* * * * * *
A memorandum from Steph e n A. L y on, Dir ec tor o f Fi nance,
regarding money collected by Arapahoe County on thr ee def a u l ted
special districts was received for th e r e cord .
Director of Finance Lyon appe ar e d before c ~t y Counc i l
and explained that the three tax c e rtificat e s on d e f a u l ted
districts had been lost and that i n order t o c ollec t the $1 ,390 .41
which had been remitted to the Arapahoe County Tre a surer it
would be necessary for the Ma y or a n d City Cle r k to sign an affi-
davit that said the certificat es we r e miss~ng .
COUNCILMAN DHORIT Y MOVE D, COUNCILMAN LAY SECO OED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE AN AFFI DAVIT
STATING THAT CERTAIN TAX CERTIFICAT ES FOR DEFAULTED DISTRICTS
HAD BEEN LOST BY THE CITY OF ENG L EWOO D AND THAT THE CITY OF
ENGLEWOOD WOULD SAVE AND HOLD HARMLE SS THE ARA PPH OE COUNTY
TREASURER IF ANY CLAIMS WERE MADE BY OT HER PEnBONS CLAI MING
OWNERSHIP TO SAID TAX CERTI F ICA T ES. Upon he c a ll of he roll,
t h e vote resulted as follows:
S c hwab.
Ayes : Counc ilme n Bro wn, Dh ori ty , Kr ei l i n g , Lay, Senti,
Nays: Non e .
Ab sent: Councilm a n Lone .
The Mayor decla r ed h mo ion carried.
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A memo r a n dum from Stephen A . Lyon , Direc or of Finan e,
d ated Jan uar y 1 5, 1970, regardi ng his atten d ance at a course o n
i n t r oduc tory systems analysis in San Francisco, California wa s
r eceived f o r t he r eco r d .
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Mr. M. M. Summ e r s, 3 14 0 Sou t h De lawar e , a ppea red
b e for e c~ y Cou n ci l 1 n r e gard to pornographic f~l m s b eing shown
at he Go hie Theatre . Mr. S u mm e r s ma de he fo ll o w ~n g po~n s
b e for e he c~ y cou n c~l:
1 . The showi n g of po rn og ra ph~c f1lms ~n the C~ty of
Engl e wood mus stop .
2 . A commit t ee o f s 1 x ci t ~ze n s of En g l e wood h a d b een
form e d to figh t the sho w~n g of porn og rap h ~c f ~lm s.
3 . Mr. Summ e rs r e qu es t ed the full coopera t ion o f th e
Englewood City Cou nc i l a n d ot he r c1 t 1ze n s of t he c ommunit y on
the showi n g of pornograph ic f i lms .
4. Mr . Summers stat ed t ha t the C1ty had wait e d too
long for actio n to b e take n b y t he co urt .
5 . Mr. Summer s stated that the commi tt ee r e qu e sted
th a t the City Counci l e nact an o r dinan ce t o make it il l e gal to
show 1ndecen t f1lms with1n the C1ty o f Englewood .
Mr . Summ e rs s tat e d that th e f ollow1ng 1nd1viduals
f ormed the comm1ttee to oppo s e p orn ographic movi e s wi thin t he
Ci t y of En glewoo d :
Mr . F rank Dehoff . 31 6 0 South De l a wa re S t r eet
Mr . Ke ith Dryde n , 30 1 0 South Pe a rl
Mr. M. M. Summ e rs. 3 140 South De lawa re
Mr . Ho wa r d Brown , 3183 South Ra ce
Rev e r e n d B r uce curr1 e r, 22 1 6 East Dartmouth C1 r c l e
Mr. Brenton Pr ich a rd , 2960 South Downing
Di s c u ss1on e n sued . At the c o n clus~on of the discus s1on
memb e rs of C i ty Counc il indic a ted th e 1r c on ce rn w1th t h e mov1e
p r esently b ei n g shown a t the Gothi c Th e a tr e and he ir desi r e to
assis t i n the e ffort t o dis c our a g e movi e s o f 1 ts t y p e f r om b ei n g
shown w1thin t he city of Engl e woo d .
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Not e : As City At torn ey Bc r a r di n 1 was abs e nt, C1ty
Ma nage r Di al pr ese n ed t he fo ll o w1 ng b r i f or a l r e por t c once rning
t he Pub l ic S e rvi ce Com pan y's p r oposed I n c r e a se in f ra n his e r at es .
C1ty Ma nag e r Di al s ta ted t h at p r1 o r to the C1t y Coun ci l
me eti n g he had di scu ss e d t he p ro p osal of the Public S e rvice
Co mpan y th a t th e fr a n ch is e rat es f or the C1 t y of Engl e wo od b e
i n creased to a l e v e l c o mp a r abl e t o the De nv er f ranchis e. Mr .
Dia l stated t hat Mr. Be rardi n i had r e v iewed t h e wording In the
pro posed letter of agre eme n t w1th th e wo rding in th e f r anc hi s e
ord i nance a nd found l ittle or n o differe nc e e xcept 1n he ra t e
stru ctur e . Mr . Be rardi n i had I ndicat e d to Mr . 01al tha t h e c ould
s ee no r e a s on not o execu t e t he l ette r to I n c r e as e f r a n chi s e
p a ym e n ts .
• • * + ...
City Manager Dial pres n ed a memor a ndum d a ted Ja n u ary
9 , 1 970 once r ning a special al ohol safety enforcement prog ram
cove r i n g a h r ee y a r per1od b g1nn1ng July l, 1970 .
Mayor S hwab stated tha he h a d a tte n ded a mee inq
co n cer n ing his program and r VIew d various de ta i l s of the
p r og ram with Cily Council . Mayor Schwab stated th a t the p r og ram
would be funded 100 p r ce nt by the Federal Gove rnme n t th r o u gh
a g r a n t to th Slal of Color d do .
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COUNCILMAN BROWN MOVED, CO UN C ILMAN SENTI SECONDED,
THAT THE CITY OF ENGLE WO OD SUBMIT A BUDGET TO THE STATE OF
COLORADO FO R THE SPECIAL ALCOHO L SA FETY ENFORCEMENT PROGRAM
AND TO TAKE PAR T IN SAID PROGRAM AS THE FUNDS BECOME AVAILABLE
FOR IT . Upon the call o f t he ro l l. the vot e resulted as follows :
Schwab . Ayes: Cou n cilmen Brown , Dhor1ty , Kre1l~ng, La y, Senti,
Na y s: Non e .
Absent: Counc~lman Lone.
The Mayor declar ed the mott o n carr ied .
RESOLUTJO 0. l , SERIES OF l97 0
A RE SOL UTION DECLARJNG THE INTEN T OF THE CITY COUNC IL
OF THE CITY OF ENGLEWOOD, COLORA DO, TO APPROV E THE WHOLE COST
OF THE IMPROVEM Er'TS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT
NO. 69 IN THE C ITY OF E GLEWOOD CO LORADO; TO APPR OVE AND CONFI RM
THE APPORTIONMEN T OF SAID COS'I 'TO EACH LOT OR TRACT OF LAND IN
SAID DISTRICT; TO ASSESS A SHARE OF SA lD CO ST AGAINST EACH LOT
IN THE DISTRICT; ESTABLISHI NG A DATE AN D PLACE FOR A PUBLIC
HEARING UPON THE ASSESSMEN T OF SAID COSTS AND ORDERING PUBLICATION
AND MAILING OF NOTICE THERE OF '1 '0 THE OWNERS OF PROPERTY TO BE
ASSESSED WITHIN THE DISTRICT; AND TO APPROVE THE COMPLETION OF
SAID DISTRI CT.
(Copied ~n fu ll in the off~ci al Res olution Book.)
COUNCILMAN LAY MOVED, COUNCI LMAN KREILING SE CONDE D ,
THAT RESOLUTION NO . l , SERIES OF 1970 BE ADOPTED AND APPROVED
AND THAT THE DATE AND TIME OF FEBRUARY 16 , 1970, 8 :00 P .M.
BE DESIGNATED AS THE DATE AND TIM E OF PUBLIC HEAR ING. Upon the
call of the roll , th e vote resulted as foll o ws.
Schwab. Ayes: Cou ncilmen Brown Dho rity . Kre1l1ng Lay, S e nti ,
Nays: None .
Absent : counct lman Lo ne.
The Mayor declar e d the mot1on c arr1 ed .
' Ill ... ... " •
C1ty Manag er D1al st at ed that the C1ty of Englewood
was proceed1ng with th e e l ect~o n o f the two em ployee members for
the Employees• Pe ns ion Program.
. ' .... ...
C1ty Manay c r D1al presented a report from Dlrector o f
Publi c Works Waggon er on the cost of tree l1mb removal in 1969.
Mr. D1al st at ed that approx1mat ely $38,700 had been expended
in 1969 to remove tree ltmbs withln the C1ty of Englewood . On
a comparabl e basis approxtmately $31.100 had been expended 1n
1966 .
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Clty Manager D1al s ated that at the November 3, 1969
City Counc1 l meeting the C1ty Counc1l had approved a Connec o rs
Agreeme n t Wlth GreenbeJ San1tat 1on D1str1ct . Mr. Dlal 1nd1c at ed
th a t the Ma yor and C1ty C l erk had bee n author1 zed o s1gn he
agreeme n upo n receip of ev 1dence th a t other s a n1ta 10 n d1str1ct s
h a d executed the document w1 h1n h1rty days. Mr . D1al sta ed
th a t the Greenbelt San1t a 10n D1str1 ct d1d not meet the deadl1 n e
est ab l1shcd by the Englewood C1ty Counc1! bu tha he Clty has
now obtalned all the dvcuments.
COUNCILMAN DHORITY MOVED , COUNC ILMA LAY SECO OED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZ,D TO EXECUTE THE CO N-
NECTORS AGREEMENT WITH GREENBELT SA !TAT ION DISTRICT EVEN THOUGH
THE THIRTY DAYS IN THE ORTGl AL SIGNATURE AUTHORIZATION 1~0
EXPIRED . Upon the call of the roll the vote r esu lt ed as follows :
Schwab. Ayes: Cou n c1lmen Brown, Dhor 1 ty. Kr e1 ling , Lay , Sent1,
Nays : None .
Absent : Cou n cilman Lone.
The Ma yor d eclared the mo 1on ca rried .
C1ty Man ag er Dlal s ta ted that he wo uld b eg in scheduling
dinner mee t1ng s Wlth th e var1 ous board s and comm1sS1 0ns and me m-
bers of Clty Counc1l b eg1n n1ng t e se ond C1ty Counc1l meet1ng in F e bruary .
• 4-.. • .. •
counc1lman Dho r1t y r epor ed on the progress of he Bus
Line Comm1ttee cons1 s t1 ng of Englewood . Littleton and Sher1dan .
At th e conclus1on of h 1 s report. C1ty Manager Dial Pres ented a
l ette r dat ed January 19 1970 from Mr. Ernest Herbertson sett1ng
forth the deta1ls of cont1nua 10n of the bus serv1ce unt1l he
C1ty of Englewood could assume oper a 10n of the l1 n e . Mr . Dial
ind1c a ted that esse nt1all y the C1 y of Englewood would a gree o
r e1 mburs e Mr. Herberts on the sum of ~son per month a ft •r. Jan u ar y
31, 1970 and h a t should the C1ty of Englewood fa1l o p as s a
re s olut1on c all1n g for a spec1al el c 1on o a utho r1z e the C1ty
to operat e th e b us system p r 1or lo February 28 1970 the bus
serv1ce would be stop p ed by Mr Herber son . Mr . Herber son h a d
also indicated that 1f a spec1 a l elec 1on allow1ng the C1 y o
ope rat e th e bus system s hould fa.J. he would d1scont1nue the s ervice .
COUNCILMAN DHORITY MOVED, COUNCIL~~· LAY SECONDED, THAT
THE CITY COUN CIL APPROVE AN INTERIM AGREEME T AS 0 TLINED IN THE
LETTER FROM MR . ERNEST HERB ERT SON DATED JANUAR\ 19 , 1970 AND
SUGG ESTED THAT THE THREE CITIES MAKE APPLJCATfON FOR A TEN CE T
FARE INCREASE TO BE EFFECT ! VE FEBRUARY 1; 1 i!AT 'I HE PRESENT LEVEL
OF SUBSIDIES CONTINuE; THAT THF. CITJF:S PROCEED WITH THE APPLI-
CAT I ON FOR A FEDERAL GRANT FOR THE BUS SERVICE ; A D THAT PLANS
8E MAD£ TO PASS A RESOLUT 1 ON FOR AN ELf:C'J 10 FEBRUARY 2 8, 19 70
FOR THE CITY TO ASSUME BUS SCRV1Cl::. Upon he call of the roll.
the vo resulted s follows :
Schwab. Ayes: ouncl!n.cn Brown Ohor1 y, Kre1llng. Lay, Senti.
N ys: None.
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Absent: Councilman Lone.
The Mayor declared the motion carried .
* * * * * *
Mayor Schwab reported that Senator Gordon Allott had
written the City in regard to the recent resolution passed on
the Mount Carbon and Chatfield Reservo irs. Senator Allott
stated that 9~ million had been appropriated for Chatfield for
fiscal 1970 and $150 ,000 had been appropriated for planning
Mount Carbon Reservoir.
* * * * * *
Mayor Schwab read a letter fr om Representative Thomas
Farley, House Minority Leader, which discussed the State wide
system of zoning proposed in Governor Love's State of the State
Message. Mayor Schwab indicated that Representative Farley had
requested the City of Englewood's opinion upon the proposed State
system of zoning. Mayor Schwab stated that this should be taken
up at the study session and discussed with the Planning Commission.
* * * * * *
Mayor Schwab introduced Mr. Joe McFadden, 4910 South
Inca Drive, a member of the Englewood School Board.
* * * * * *
councilman Dhority inquired whether it was too late to
add streets to Paving District No. 19.
city Manager Dial indicated that final details concerning
Paving District No. 19 would be discussed at the informal study
session on January 26, 1970.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED , THAT
THE MEETING BE ADJOURNED. Upon the call of the roll , the vote
resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried and the meeting adjourned
at 9:46 P.M.
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COUNCIL CHAMBERS t-,.Y, ~
OF ENGLEWOOD, COLORADO ~·
JANUARY 19, 1970
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Co lorado, met in regular session on Januar y 19, 1970 at
8 :00 P M
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Revere nd Francis Kappes of
the All Souls Catholic Church. Pl edge of Allegiance was led by
Boy Scout Troop No . 154.
The Mayor asked for roll call . Upon the ca ll of the
roll, the followi ng were present :
Councilmen Brown , Dhority, Kreiling , Lay , Senti, Schwab .
Absent: Councilman Lone .
The Mayor decla r ed a quorum present .
Also present were : City Manager Dial ,
City Clerk Lyon .
* * * * * *
COUNCILMAN LAY MOVE D , COUNC ILMAN BR OWN SECONDED, THAT
THE MINUTES OF THE REGU LAR ME ETING OF JA NUARY 5, 1 970 BE APPROVED .
Upon th e call of the roll, the vote resulted as follows :
Schwab .
Ayes : Councilmen Brown , Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Ma y or declared the motion carried.
* * * * * *
Mayor Schwab recognized Mr . and Mrs . w. M. Sande rson,
3265 South High Street, from the li s t of "Special Citizen Program
Invitees ."
* * * * * *
Note : Mr. M. M. Summ ers, 31 4 0 South Delaware, was
scheduled to discuss pornographic films being shown in the City
of Englewood but was not present.
* * * * * *
Doctor John Simon, Jr., president of the Englewood
Lions Club , appeared before City Coun ~1. Mr . Simon reques ed that
the Snorkel Fire Truck be dedicated as a memor~al o Douglas C.
Sovern, ~mmed~a e past fire chief. Mr. Simon stated that the
L~ons Club w~shed o place plaques on the Snorkel se ting forth
h~s ded~cat~on.
Upon question, Fire Chief W1ll~am Hamil on appeared
before c~ty Council and ~ndicatcd ha he d d~cat~on of the
Snork 1 was 1n k eping w~th prac ices ~n o her communities .
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COUNCILMAN KREILING MO VE D , COUNC I LMAN BROWN SECONDED,
THAT THE CI TY COUNC IL ACCEPT AND APPROVE THE REQUEST OF 'I'HE
ENGLEWOOD LIONS CLUB THAT THE SNORKEL BE DEDICATED AS A MEMORIAL
TO DOUGLAS C . SOVERN, IMMEDIA TE PAST FIRE CH I EF, AND THA T THE
PLAQUES STATING THIS DEDICATION BE ACCEPTED BY THE CIT Y OF
ENGLEWOOD. Upon the ca ll of the roll , t he v o t e r esu lt ed as
fo llows:
Sch wab. Ayes : Councilmen Brown, Dhority , Kre~l~ng , La y , S e nt~.
Nays : None .
Absent : Co unc ilman L o n e .
The Mayo r decl ar ed the mot ion c a rrie
* * * * * *
The mi nu tes of the Planning and Zon ing Commis sion
meeting of December 17, 1969 were r e c ei v ed fo r the r ecor d.
* * * * * *
Th e minutes of the Board o f Ca reer S e rv ice Commissioners
meetings of December 1 9, 1969 a nd January 1 5 , 1 970 were received
for the record.
* * * * * *
A memorandum f rom Steph e n A. Lyon , Dir ec tor of Fin ance,
regarding money collected b y Arapahoe cou nt y on t h r ee def a ul ed
special districts was received for the r e cord .
Director of Finance Lyon appe ar ed before C~ y Counci l
and explained that the three tax ce r tificates on default d
dist r icts had been lost and that in order to collect the $1,390 .41
which had been r emit ted to the Arapahoe Coun y T r e a surer it
would be n eces sary for the Mayor and City Cle r k o sign an affi-
d a vit that said the certificat es were miss~ng .
COUNC ILMAN DHORITY MOVED , COUNCILMAN LAY S ECO OED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXE CUTE AN AFFIDAVIT
STATING THAT CE RTAIN TAX CERTI FICATES FOR DEFAULTED DI ST RI CTS
HA D BEEN LOST BY THE C ITY OF ENG LEWOOD AND THAT THE CI TY OF
ENGLEWOOD WOULD SAVE AND HOLD HARMLES S THE ARAPAHOE COUNTY
TREASURER IF ANY CLAIMS WERE MADE BY OTHER PERSONS CLAIMING
OWNERSHIP TO SAID TAX CERTIFICATES . Upon the c all of he roll ,
the vote resulted as follows :
S c hw ab. Ayes : Councilmen Brown, Dhori y , Kreiling, L a y , S e n ti ,
Na ys : None .
Absent: Cou n ci lman Lone.
The Mayor declared the motion carr ied .
* * * * * *
A memorandum from Stephe n A . Lyo n, Director of Fi nanc e ,
dated J anuary 1 5, 1970, regarding h i s at endance at a cour se on
introductory systems analysis in San Franci s co , California was
received for the r ecord.
* * * * " *
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Mr. M. M. Summers, 3140 South Del awar e, appear ed
b ef or e City Council in r egard to pornographic films being shown
at the Gothic Th e atre. Mr. Summ e rs made he following po1nts
before the C1ty Counc1l:
l. The showing of porn ographic f1lms in th C1ty of
Engl ewood must stop.
2 . A committee of s1x cit1zens of Engl ewood had been
formed to fight the showing of pornographic f1lms.
3 . Mr. Summers reques ed he full cooper a 10n of the
Englewood City Council and other c1t1zens of he community on
the showing of pornographic f1lms.
4. Mr . Summe rs stat ed thal the C1ty had wa1ted too
long for action to be taken by the court.
5 . Mr. Summers stated hat the comm1ttee requested
that the City Council enact an ordinance to make it 1llegal to
show indecent f1lms within the C1ty of Englewood.
Mr. Summers stated that h follow1ng 1nd1viduals
formed th e committee to oppose pornographi movies within the
City of Englewood :
Mr. Frank Dehoff, 3160 South Delaware Street
Mr . Keith Dryden, 3010 South Pearl
Mr. M. M. Summers , 3140 South De lawar e
Mr. Howard Brown , 3183 South Race
Re v e r e n d Bruce Curr1er, 2216 East Dartmouth Circle
Mr. Bren to n Pri ch ar d, 2960 South Down ing
Dis cuss1on ensued . A he con cl usion of the dis uss1o n
members of City Council indicated the1 r con ce rn wi th the mov1e
p r ese n tly b ei n g shown a the Gothic Theatre and their desire to
assist in the effort to discourage movies of its type from being
shown within the City of Englewood .
... * * * lr *
Note: As City Attorney Berardini was absent. C1ty
Manag e r Dial presented the following brief oral report concern ing
th e Public Service Company's proposed i n c r ease in f ranchise r ates.
City Ma nag er Dial s ated that pr1or to the Cl y Council
meeting he had discussed the proposal of the Public S rvice
Company that the franc hi s e rates fo r the C1ty of Englewood be
i ncrea sed to a level compa rabl e to the Denver franchise. Mr.
Dial stated that Mr . Berardini had reviewed the wording 1n the
proposed letter of agreement with the wording in the franchise
ordinanc e and found little or no difference except 1n he rate
structure . Mr. Berardini h ad 1nd1cated to Mr. D1al that he ould
see no r e ason not o execute the lett er to 1ncrease franch1se
payments .
C1ty Manag er Dial pres nted a memorandum da ed January
9, 1970 conce rn1ng a spec1al al ohol safety enforceme nt program
covering a three yea r per1od b g1nn1ng July 1, 1970.
Mayor Schwab stated that h had a tended a meeting
concerning th1s program and rev1ew d v r1ous details of the
program wi h C1 y Council. Mayor S chw b stated tha the program
would be funded 100 per ent by he Fed~ral Government hrough
a grant o th Sta e of Color do.
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COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED ,
THAT THE CITY OF ENGLEWOOD SUBMIT A BUDGET TO THE STATE OF
COLORADO FOR THE SPECIAL ALCOHOL SAFETY ENFORCEMENT PROGRAM
AND TO TAKE PART IN SAID PROGRAM AS THE FUNDS BECOME AVAILABLE
FOR IT . Upon he call o f the roll, the VOL e resulted as follows :
Schwab.
Ayes: Councilmen Brown DhoriLY. Kreili ng. Lay, Senti.
Nays: one .
Absent: Councilman Lone.
The Mayor declar ed the motton carried.
RESOLUTJO 0, l, SERIES OF 1970
A RESOLUTION DECLARING THE JNTE T OF THE Cl.TY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO. "10 APPROVE THE WHOLE COST
OF THE IMPROVEMENTS MADE [N A D FOR SIDEWALK IMPROVEMENT DISTRICT
NO. 69 IN THE CITY OF ENGLEWOOD. COLORADO ; TO APPROVE AND CONF IRM
THE APPORTIONMEN T OF SAID COST TO EACH LOT OR TRACT OF LAND IN
SAID DISTRICT; TO ASSESS A SHARE OF SAID COST AGAINST EACH LOT
IN THE DISTRICT; ESTABLISHING A DATE AND PLACE FOR A PUBLIC
HEARING UPON THE ASSESSMENT OF SAID COSTS AND ORDERING PUBLICATION
AND MAILING OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE
ASSESSED WI THIN THE DISTRICT; AND TO APPROVE THE COMPLETION OF
SAID DISTRICT .
(Copied 1n full in the offici al Resolution Book.)
COUNCILMAN LAY MOVED, COUNCf LMAN KREILING SECONDED,
THAT RESOLUTION NO . l, SERIES OF 1970 BE ADOPTED AND APPROVED
AND THAT THE DATE AND TIME OF FEBRUARY 16 , 1970. 8:00 P .M.
BE DESIGNATED AS THE DATE A D T1ME OF P!JBLlC HEARING . Upon the
ca l l of the roll . the vote resulted as foll o ws:
Schwab .
Ayes: Councilmen Brown Dhority . Kreiling Lay. Senti,
Nays: None.
Absent: Counctlman Lone.
The Mayor declared the mot1on carried.
' . .. . ...
City Manager D1al sta ed
was proceed1ng with the election o
the Employees' Pension Program.
h a the City of Englewood
the two employee members for
City Manayer Dial presen ed a report from Director of
Public Works W gyon ron the cos nf tn·e ltmb removal In 19 9.
Mr. Dial st ted that approxtmately $38,700 had been exp ndcd
in 1969 to remove r•e limbs wiLhin the C1 y of Englewood On
a comparabl basis apprux tmately $Jl .100 had ben expended 1n
1966. . ..
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CJ.ty Mana g r D.1al s a ed that a the Novembe r 3, 1969
City Counctl mectlng the CJ y Council h ad approve d a Con ne ctors
Agreeme n Wl h Gre nbelt San1 at.1on D1s r1ct. Mr . D.1al J.ndJ.c at ed
th a t the May or and Ctty ClPrk ha been a . hc rtzed to sig n he
agreement upon rec ipt of ev.1denc ha other san.1t at.1on dJ.stricts
h ad execut d th e do ument w1 h1n h1r y d a ys. Mr. D.1al st a ted
th a t the Greenbelt San1 a t.1on Dts nc dtd not meet the deadline
established by the Englewood C1ty Counc.1l bu tha he CJ.ty has
now obta1ned all the dvcuments.
COUNCILMAN DHORITY t-10VED , CO CILMAN LAY SECONDED,
THAT THE MAYOR AN D C TTY CLERK liE AUTIJOPJ M.D TO EXEC UTE THE CO N-
NECTORS AGREEMEN T WJTH <>REENBELT SAN I TII'I ION Dl STRICT EVEN THOUGH
THE THIRTY DAYS IN THE ORIGINAL SIGNATURE AL;THORlZATIO N HAD
EXPI RED . Upon he all of th<> roll the vote resul d as follows :
Schwab. Aye s : Councilmen Brown. OhorJ.t . Kre1ling. Lay, Senti,
Nays: None .
Absent: Cou ncilman Lo n e .
The Mayor declared the mot1on carried .
* * <II· '
C1ty Manager D1al stated that he would begin scheduli ng
dinner meet1ngs with the var.1ous boar ds and commJ.ssJ.ons and mem-
bers of CJ.ty Counc1l begJ.nnJ.ng the second C.1ty Councll mcet.1ng
in F e bruary .
Councilman Dhor1ty reported on the progress of the Bus
Li n e CommJ.ttee cons1s 1ng of Englewood Littleton and S herJ.dan .
At the conclus1on of h1s report. C1ty Manager Dtal presented a
l etter d a ted January 19 1970 from Mr. Ern es Herbertson settJ.ng
f orth the deta1ls of cont1nua 1on of the bus servJ.ce u ntil he
C1ty of Englewood could assume opera 10n of the lJ.n e. Mr. DJ.al
ind1cated t hat essenttally the Cl y of Engl ewood would agree to
r eJ.mburse Mr. Herbertson the sum of ~son per month aft er January
31, 1970 and hat should the C1ty o f Englewood f a il to pass a
re so lutJ.on calltng for a spectal e lectton to author1ze the C1ty
to operate the bu s system pr.1or to February 28 1970 th bus
service would be stopped by Mr . H rber son . Mr. Herbertson had
also indicated that 1f a spectal elect1on allow1ng the C1ty to
operate the bus system should fa1l. he would dJ.sconttnue he s e r vice .
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE CITY COUNCIL APPROVE AN IN'fi::RIM AGREEMENT AS OUTLINED IN THE
LETTER FROM MR . ERNEST HERBERTSON DATED JANUARY 19 1970 AND
SUGGES TED THAT TilE THREE CITIES MAKE APPLICATION FOR A TEN CENT
FARE INCREASE TO BE EFFECTIVE FEBRUA RY l; THAT THE PRESENT LEVEL
OF SUBSIDlE CONTINLE; THAT THE CITIES PROCEED WITH THE APPLI-
CATfON FOR A FEDERAL GRANT FOR THE BUS SERV fCE , AND THAT PLANS
BE MAD!.: TO PASS A RESOLUTION FOR A ELECTIO FEBRUARY 28, 1970
FOR THE CITY TO ASSUME BUS SERV!CL . Upon t h all of the roll,
the voter sul ed as follows:
Schwab. Ayes: Councilmen Brl•wn Oh<:>rJty, Kre1ling , Lay, S e n i,
ays: 00(.
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Absent : Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
Mayor Schwab reported that Senator Gordon Allott had
written the City in regard to the r ecent r eso lution passed on
the Mount Carbon and Chatfield Reservoirs . Senator Allott
stated that 9~ million had been appropriated for Chatfield for
fiscal 1970 and $150,000 h ad been appropriated for planning
Mount Carbon Reservoir .
* * * * * *
Mayor Schwab read a letter from Representative Thomas
Farley, House Minority Leader, which discussed the State wide
system of zo ning proposed in Governor Love's State of the State
Me ssage . Mayor Schwab indicated that Representative Farley had
requested the City of Englewood's opinion upon the proposed State
system of zoni n g . Ma yo r Schwab stated that this should be taken
up at the study session and discussed with the Planning Commission.
* * * * * *
Mayor Schwab introduced Mr. Joe McFadden, 4910 South
Inca Drive, a member of the Englewood School Board.
* * * * * *
Councilman Dhority inquired whether it was too late to
add streets to Paving District No. 19.
City Manager Dial indicated that fin al details concerning
Paving District No . 19 would be discussed at the informal study
session on January 26, 1970.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Schwab . Ayes: Councilmen Brown, Dhority, Kreiling , Lay, S e nti,
Nays : None.
Absent: Councilman Lone .
The Mayor declared the motion carried and the meeting adjourned
at 9 :4 6 P .M.
Yo ~o Clerk of2fh;counci l
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JANUARY 19, 1970
REGULAR MEETING:
The City Council of the Ci t y of En glewood, Arapahoe
Cou n ty, Colorado, met in regula r session on Jan uar y 19, 1970 at 8 :00 P M
Mayor Schwab, presidi n g , cal l ed the meeting to order .
The invocat ion was given by Reverend Francis Kappes of
the Al l Souls Catho l i c Church . Pledge of Allegiance wa s l e d by Boy Scout Troop No . 15 4 .
The Mayor ask ed for roll ca ll. Upon the call of the roll, the fo llowing were present:
Councilmen Brown, Dho rity , Kreiling, Lay, Senti, Schwab.
Abs e nt: Councilm an Lone.
The Mayor declared a quor um prese n t .
Also presen t were : City Manager Dial,
City Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF JANUARY 5, 1970 BE APPROVED.
Upon the c all of the roll, the vote resulted as follows:
Schwab. Ayes : Coun ci lm e n Brown, Dhority, Kreiling, Lay, Senti,
Nays : None .
Absent : Cou ncilman Lone.
The Mayor declared the motio n carried.
* * * * * *
Mayor Schwab r e cogn ized Mr. and Mr s . W. M. Sanderson,
3265 South High S reet, from the list of "Speci al Citizen Program Invitees ."
* * * * * *
Note : Mr. M. M. Summers, 3140 South Delaware, was
scheduled to discuss pornographic films be i ng shown in he City
of Englewood but was not present .
* * * * * *
Doctor John Simon , Jr., president of the Englewood
Lions Club, appeared before City Coun cil. Mr. Simon request d hat
the Snorkel Fire Tru k be ded~cated as a memorial to Douglas c.
Severn, immedia e pas fire h~ef. Mr. Simon stated tha the
Lions Club wished o pla e plaques on the Snorkel setting forth this dedication .
Upon question, Fire Chief W~ll~am Hamilton appeared
before City Council and indicated h a lhe dedication of the
Snorkel was ~n keeping with practices in other communities. I • •
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COUNCILMAN KREILING MOVED, COUNC ILMAN BROWN SE CONDED,
THAT THE CITY COUNCIL ACCEPT AND APPROV E THE REQUEST OF THE
ENGLEWOOD LIONS CLUB THAT THE SNORKEL BE DED ICAT ED AS A MEMORIAL
TO DOUGLAS C . SOVERN, IMMEDIAT E PAST FIRE CHIEF, AND THA'r THE
PLAQUES STATING THIS DEDICATION BE ACCEPTED BY THE CITY OF
ENGLE WOOD. Upon the call of the r oll, the vote result ed as foll ows:
Schwab . Ay e s: Counci lm en Brown, DhoriLy, Kre~l~ng, Lay , Sent~.
Nays : None.
Abs e nt: Councilman Lone .
The Ma yor dec lar ed the motion c ar rif!d.
* * * * * *
The minutes of th e Planning and Zonin g Commission
meeting of Decemb e r 1 7 , 1969 were received for the r ecord.
******
The minutes of th e Bo a r d of Career Service Commissioners
meetings of December 19, 1969 an d Jan uary 15, 1970 were received for the record .
* * * * * *
A mem orandum from Stephen A. Lyon, Director of F ~nanc e,
r ega r di n g mo ney c o llected b y Arapahoe Cou nt y on thre e defaulted
s pecia l districts wa s received for Lhe recor d .
Director of Finance Lyon appeared before c~ty Council
and explained that th e three tax ce rt ificates on defaulted
districts had been lo st and that in order to ollect the $1,390 .4 1
which h ad been remitted to the Arapaho County Tre a surer it
would b~ necessary for t he Mayor and City Clerk to sign an affi-
davit that said t he certificates were miss~ng.
COUNCILMAN DHORIT Y MOVED , COUNCILMAN LAY SECO OED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE AN AFFIDAVIT
STATING THAT CERTAIN TAX CERTIFICATES FOR DEFAULTED DISTRICTS
HA D BEEN LOST BY THE CITY OF EN GLEWOOD AND THAT THE CITY OF
ENGLEWOOD WOULD SAVE AND HOLD HARML ESS THE ARAPAHOE COUNTY
TREASURER IF ANY CLAIMS WERE MADE BY OTHER PERSONS CLAIMI G
OWNERSHIP TO SAID TAX CERTIFICATE Upon Lhe c all of the roll,
the vot e r e sulted as follows :
S c hwab . Ayes : Councilme n Brown , Dhority , Krei l ing, Lay , Senti,
Na ys : None.
Ab sent: Councilman Lone.
The Mayor decla r ed the motion carried.
* * * * * *
A memorandum from Stephen A. Lyon, Director of Fin ance,
da ted January 1 5, 19 70 , regarding his a t ndance a a course on
int roductory s y stems analysis in San Francisco, California was received for the r ecor d .
* * * * * *
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Mr. M. M. Summers, 31 40 South De l a ware, appeared
before City Counc il in r egard to pornographi films b eing shown
at the Gothi c Th e atr e . Mr. Summers made he following po~nts
before the City Cou ncil:
1. The showing of pornographic f~lm s in the City of Englewood must stop.
2. A committee of s~x it1zens of Engl ewood had been
formed to fight the showing of pornographi films.
3 . Mr . Summers r equested lh full cooperat1on of the
Englewood City Council and other c~t1zens of the community on
the showing of pornographic films .
4. Mr . Summers st a ed that the C1ty had wa1ted too
long for action to b e taken by the cour t .
5 . Mr. Summer s stated that the committee r equest e d
that the City Council enact an o r di n ance to make it ~!legal to
show indecent films within the C1ty of Englewood.
Mr. Summers stated that th e followi ng 1nd~viduals
fo r med the committee to oppos e pornographic movies w1thin the City of Englewood :
Mr . Frank Dehoff, 3160 South Del a ware Stree
Mr . Keith Dryden , 3010 South Pe a rl
Mr . M. M. S ummers , 3140 South Del a war e
Mr. Howa rd Brown , 3183 South Race
Rev e r e n d Br u ce Curr~er, 2216 East Dartmouth Circle
Mr . Bren ton Prich a rd, 2960 South Downing
Dis u ssion ensued . A t the co n clus~on of the discussio n
members of City Council indicat ed the~r con ce rn with the movie
presently b ei n g s hown a t the Gothic Theatre and their desire to
assis in the effort to discourag e movies of 1ts ype from being
shown within the City of Englewood.
Note: As City Attorn ey Berardin1 was abs e nt, C1ty
Manager Dial presented the follow1ng bri ef or al report concerning
the Public Serv~ce Company 's p r oposed 1ncrease in franchise rat s .
City Manag er Dial s ated that pr1or o he C1ty Coun cil
meeti n g he had discussed the proposal of the Public S rvice
Com p a n y that the franchis e rates for the C~ty of Englewood be
increa sed to a level comparable to the De nver franchise. Mr.
Dial stated that Mr. Berardini h ad reviewed the wording 1n the
proposed l et t er of a reement with the wording in the f ranchise
or d i nance and found little or no difference except 1n he rate
structure . Mr. Berardini h ad ind1cated to Mr . D1al that he could
see no reason not o execute the letter to 1ncrease franchis paymen s .
C1ty Manager Dial pres n ed a memorandum dated January
9, 1970 concern1ng a spec1al al ohol saf ty nfor men program
covering a three ye ar per1od b g1nn1n July 1, 1970.
Mayor S c hwab stated that he had attended a me tinq
co n e rning his program and rev1 w d v r1ous de ails of he
program wi h C1ty Council . Mayor S chw b sated that th e program
would be funded 100 per ce nt by the Fed ral Gov rnm n hrough
a grant o the State of Colorado.
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COU CILMA BROWN MOVED , COUNC JLMAN SENTI SECONDED ,
THAT THE CITY OF ENGLEWOOD SUBMIT A BUDGET TO THE STATE OF
COLORADO FOR 1HE SPECIAL ALCOHOL SAFETY ENFORCEMENT PRO GRAM
AND TO TAKE PART lN SAlD PROGRAM AS THE FU NDS BECOME AVAILABLE
FOR IT . Upon the call uf the roll, the v ote r esu lted as follows :
Schwab. Ayes: Councilmen Brown , Dhort y, Kre1l1ng, Lay, Senti,
Nays: None.
Absent: counc1 l man Lone.
The Mayor d ec lar ed the motto n carried. . . .
RESOLUTION NO. l, SERIES OF ]970
A RESOLUTION DECLARJNG THE JNTENT OF THE ClTY COUNCIL
OF THE ClTY OF ENGL EWOOD , COLORADO. 10 APPROVE THE WHOLE COST
OF TH E IMPROVEMEITS MADE fN AND FOR SIDEWAL K IMPROVEME NT DISTRICT
NO . 69 IN THE CITY OF ENGLEWOOD , COLORA DO; TO APPROVE AND CONFIRM
THE APPORTIONMEN T OF SAID COS'I TO EACH LO'I OR TRACT OF LAND IN
SAID DISTRICT; TO ASSESS A SHARE OF SAID COST AGAINS T EACH LOT
IN THE DISTRICT ; ESTABLISHING A DATE AND PLACE FOR A PUBLIC
HEARING UPON THE ASSESSMENT OF SAI D COS1S AND ORDERING PUBLICATION
AND MA ILING OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE
ASSESS ED WI THIN THE DISTRICT; AND TO APPROVE THE COMPLETION OF
SAID DISTRI CT .
(Copied in full in the off1clal Reso lution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN KREIL ING SECONDED,
THAT RESOLUTION NO . 1, SERIES OF 1970 BE ADO PTE D AND APPROVED
AND THAT THE DATE AND 1IME OF FEBRUARY 16 1970. 8 :00 P .M.
BE DESIGNAT ED AS THE DATE AND TIME OF PUBLIC HEAR ING. Upon the
call of the roll , the vote resul ed as follows:
Schwab . Ayes: Counc1lmen Br0wn Dhority. Kre1l1ng Lay. Senti ,
Nays: None .
Abs en t, counc1lm an Lone.
The Mayor declared the mot1on c arr ted .
C1ty Manager D1al st a ted that he C1ty of Englewood
was proc eed1ng with the e l ect1on of the two empl oyee mem b e rs for
the Employe es' Pens1on Program.
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C1ty Manag er D1al presented a report from D1rec or of
Publi c Works Waggon er on he cos of tree ltmb removal 1n 196 .
Mr. D1al stated that approxtmat Jy $38,700 had been expended
in 1969 to rcm ov ree limbs withln the Ct y of Englewood. On
a comparable basis approx JmaLel~· $31. IOU had been expended 1n 1966. . . .
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City Manager D1al stated t hat at the November 3, 1969
City Counc1l me t1ng the Ctty Coun 11 h a d approved a Con nectors
Agreemen with Greenbelt San1 atJon District. Mr. Dial 1nd1cated
that the Mayor an d C1 y Clerk h a d been a~thor1zed o sign the
agreement upo n r eceipt of e v1dence that other san1tat1on districts
had executed Lhe doc um e nt w1 hin thtrty d a ys. Mr. D1al st a ed
th a t th e Gr eenbel Sdn1tat1on Dlstrlct did not meet the deadli ne
est ab lished by the Englewood CI y Counc1l bu that he City h as
now obta1ned all the documents.
COUNC I LMAN DHORI'!Y MOVED, CO U C ILMAN LAY SECONDED,
THAT THE MAYOR AND CITY CLERK BE AtJ THORJL:LD TO EXE CUTE THE CON-
NECTORS AGREEMENT WITH t>R EE NBE LT SA I TATI ON D iSTRI CT EVEN THOUGH
THE THIRTY DAYS !N THE ORI GINAL SIG ATUR E Al'THORIZAT ION HAD
EXPIRED . Uponthe allof hE'r oll t lo0 oc resu lt e dasfollows :
Schwab. Ayes: Councilmen Br o~n. Uho r1t y Kr e 1ling. Lay , Se nti,
Nays : None.
Absent: Councilman Lo n •.
The Ma y or declared the mo 1 o n ~arried .
* ... .. "
C1ty Manag er Dial stated that he would begin scheduli ng
dinner meetings WJth t he various boards an d commiSSions and mem-
bers of C1ty Counc1l b eginning the second City Council meettng in February.
Councilman Dh o rit y reported on the progress of the Bus
Li n e Committee cons1st1ng of Englewood . Littl eton and Sheridan.
At the conclus1on of his report . Ctty Manager Dial presented a
letter dated Jan u ary 19 1970 from Mr. Ernest Herbertson setting
forth the details of cont1nua IOn of the bus service u nt1l the
City of Engl e wo od could assume operati on of the line. Mr. D1al
indicat ed that esse nt i a lly the City of F.nglewood would agr ee o
r eimburse Mr. Herbertson the sum of ~son pe r month dft e r January
31 , 1970 and that should the City of Englewood f a 1l to pass a
re so luti on call1ng for a special election to a uthorize the C l ty
to operate the bu s system prior to Fe bruary 28 1970 h e bus
service would be stop p d by Mr . Hc rbertson . Mr . Herbertson h a d
also indicated that 1f a spec1 al elec 1 o n allowing the C1Ly o
operate th e bus system s hould fa1l, he would discon tt nue he service .
COUNCfL~~N DHORITY MOVED, COUNC ILMAN LAY SECONDED, THAT
THE CITY COUNCIL APPROVE AN INTERfM AGREEMENT AS OUTLINED IN THE
LETTER FROM MR . ERNEST HERBERTSON DATED JANUARY 19 1970 AND
S UGGESTED THAT TilE THREE CITIES ~~KE APPL I CAT I ON FOR A TEN CENT
FARE INCREASE TO BE EFFECTIVE FEBRUARY 1: THAT THE PRESENT LEVEL
OF SUBSIDIES CO TJ u E ; THAT THE C ITIES PROCEED WITH THE APPLI-
CATION FOR A FEDERAL GRANT FOR THE BU SERVICE. AND THAT PLANS
BE MADl TO PIISS A RES OLUT ION FOR AN ELECTION FEBRUARY 28, 1970
FOR THE C I'!Y TO AS SUME BUS SERVICE . U~ n the cal l of th roll.
the vo c r sul e d f ll o ws:
Schwab. Aye s: co un c ilmen Bro wn Dh u r1ty , Kre~ling. Lay, Senti.
d }'S : on .
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Absent : Councilman Lone.
The Mayor declared the motion carried.
* * * * * +
Mayor Schwab r e port ed that S na or Gor
written the City in regard to the r ecen r
the Mount Carbon and Chatfield Reservo~r .
stated that 9~ million h ad been appropria
fiscal 1970 and $150,000 had been appropr1a
Mount Carbon Reservoir.
* * * * * *
Mayor Schwab r e ad a letter from pr
Farley , House Minority Leader, wh1ch d1scus ed
system of zoning proposed in Governor Love' S
Me ssage . Mayor Schwab indic a ted th a t Repr sen
requested the City of Englewood's opin ion upon the proposed S ate
system of zoning . Mayor Schwab stated th a this should be taken
up a t the study session an d discussed with the Planning Commission.
* * * * * *
Mayor S chwab introduced Mr . Joe McFadden, 4910 South
Inca Drive, a member of the Englewood School Board .
* * * * * *
Councilman Dhority inquired whether it was too late to add streets t o Paving District No. 19 .
City Manager Dial indicated th at fi nal details concerni n g
Paving District No. 19 would b e discussed at the informal study
se ss ion on January 26, 1970.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED , THAT
THE MEETING BE ADJOURNED, Upon the call of the roll, the vote re su lted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreili ng, Lay, Senti,
Nays: None.
Absent : Councilman Lone.
The Mayor declared the motion c arr ied and the meeting adjourn ed at 9:46 P .M.
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COUNC IL CHAMBERS c
CITY OF ENGLEWOOD, COLO~_
JANUAR Y 26 , 1970 L J
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SPECIAL MEETING: q c~"
(0.
Th Ci y Council of the City of Englewood, Arapahoe
ou y, S a e of Colorado, met in speci al session Monday,
J . uary 2 , 197 0 a 8:00 P .M.
C lE'rk:
The following "Notice of Call" was read by the City
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNC IL
MONDAY , JANUARY 26, 1970 -8 :00 P .M.
The C1 y Council of the City of Engl ewood, Arapahoe county,
Colorado, is hereby called to a speci al meeting in the city
Hall, 3 4 00 South Elati Street , to conside r passage of an
ordinance amending the Retail Sales and Use Tax to clarify
that said tax is applicable to p urchases b y national banks.
STANLEY H . DIAL
City Manager
SHD /mmb
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The fol lowing persons, all Counci lmen of the City of Englewood,
Colorado, do hereby ack nowl edge r eceipt of Notice of the above
special session:
/s/ Milton Senti
/s/ D. J. Dhority
/s/ Elmer E Sc hwab
/s/ John J. Lay
/s/ John Kreiling
/s/ Howard R. Brown
Notice was given to the following Councilma n who was n ot in
attendance:
Councilman Lone
Ma y or Schwab , presiding, ca ll ed the meeting to order
and asked for roll call. Upon the c all of the roll, the following
were present:
Co un ci lmen Brown, Dhority, Kreiling, Lay, S e nt i, Schwab.
Abse n t : Coun cilman Lone.
The Mayor declared a quorum present.
Mayor Schwab stated that recent Feder al legislation
had removed the sales tax exemption from national banks and that
an emergency bill for an ordinance had been prepared to change
the City of Englewood's Retail Sales and Use Tax to make nat ional
banks taxable.
Discussion ensued. I • •
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Introduced as a Bill by Councilman Dhority and read in full.
A BILL FOR
AN ORDINANCE AMENDING SECTIONS 16.5-5(a) AND 16.5-18
(5) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO,
BY HEMOVING ANY EXEMPTION FROM THE CITY RETAIL SALES AND USE TAX
PREVIOUSLY GRANTED TO NATIONALLY CHARTERED BANKS WITHIN THE CITY
OF ENGLEWOOD, COLORADO UNDER THE AUTHORITY OF ORDINANCE NO. 8
SERIES OF 1968 AND DECLARING AN EMERGENCY .
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED,
THAT THE EMERGENCY BILL FOR AN ORDINANCE BE PASSED ON FIRST
READING. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Nays : None.
Absent: Councilman Lone.
The Mayor declared the motion carried and the meeting adjourned at 8:25 P.M.
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CITY OF ENGLEWOOD PLANNING AND ZONING
REGULAR MEETING
J anuary 6 , 1 97 0
I. CALL TO ORDER.
The regular meet~ng of the City P lanning a nd Zon ing Co mmission was called
rn nrrlPr hv ~h~irm~n Wn n rl ~ ~r 7 !40 P . M .
"SPECIAL CITIZEN PROGRAM INVITEES" -FEBRUARY 2, ..
Prec i nct No. 1 Mr. and Mrs. Norv i n H. Larson, 2020 West Warren Avenue
No. 2 -Mr. and Mrs. Larry J. Highland, 29 76 Sou t h Cherokee Street
No. 3-Mr. ~~. Gurney B. Ulrich, 2958 South Grant Street
Precinct No. 4 -Mr. and Mrs. George W. Graham, 3 768 South Fox Street
Precinct No. 5 -Mr. and Mrs. Robert E. Lehl, 3125 South Pennsylvania Street
Precinct No. 6 -Mr. and Mrs. Turner Hiller, 3211 South Humboldt Street
Precinc t No. 7 -Hr. and Mrs. David Grohusky, 3111 South Race Street
Precinct No. 8 -Hr. and Mrs, Glenn Clayton, 3550 South Emerson Street
Precinct No. 9 -Mr . and Mr s . P. J. Patterson, 4090 South Pennsylvania Street
Pr eci nct No. 10 -Mr. and Mr s . Thomas D. Webb, 4285 South Hur on Street
Precinct No. ll -Mr. and Mrs. D. R. Creager, 4276 South Lincoln Street
Precinct No. 12 -Mr. and Mr s . Verlin Creed, 950 West Stanford Drive
Precinct No. 13 -Mr. and Mrs. Roger L. Robohm, 3085 Vest Tufts Avenue
Precinct No. 14 -Mr. 1nd Mrs. Roy T. Weston, 4933 South Foa Street
Precinct No. 15 -Mr. and Mr s . Louis G. Lamberaon, 470 7 South Delaware Street
Prec i nct No. 16 -Mr. and Mr s. A. R. Tweden, 4770 South Lo gan Stree t
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CITY OF ENGLEWOOD PLANNING AND ZONING
REGULAR MEETING
January 6, 1970
I . CALL TO ORDER.
The regular meet~ng of the Ci ty Planning and Zoning Commission was called
to ord r by Chairman Woods at 7:40 P. M.
Members Pres ent: Carlson; Lentsch; Lone; Senti; Woods
Romans, Ex -officio
Members Absent: Touchton
Also Pr esent: Ci t y Attorney Beraradini; Messrs. Barnwell; Nelson;
McCoy, and Kovacik
Mr. Woods welcomed Mr. Sen ti to our Commission.
II. APPROVAL OF MINUTES.
Mr. Woods statea that the Minutes of December 17, 1969, were to be
considered for approval.
Lent s ch moved:
Carlson seconded: The Minutes of December 17, 1969, be approved as
wri tten.
AYES : Carl son; Lentsch; Lone; Woods
NAYS: None
ABSENT: Touchton
ABSTAINING: Senti
The motion carried.
III. MR . RICHARD BARNWELL
JU&/ S . Santa Fe Dr.
CONDITIONAL USE
Mob~le Hom e ~ CASE #1-70
Mr s . Romans presented Commi ssion members with a statement from th
Building De partme nt in regard to Mr. Barnwell's property, wh ich stat e-
me nt was dated November 24, 1969. Statement is as follow s :
HARTS LODGE -MAEDICK MAN OR -3067 SO. SANTA FE.
OWNER: RICHARD J. BARNWELL-4915 So . Elati
This traile r court had 14 regis tered spaces in 1958.
"November 24, 1969
The Building Department condemned the motel units August 21, 1968 .
The motel units were demolished in March of 1969.
Mr. Barnwell told Mr. Hamilton h e would be in with a plan to add to
the trailer court wi thin a couple of weeks.
H has added 9 trailers without an approved plan.
This Lrail r court was n ver brought to the mobil home ordinance. A
plot plan has not b en submitted. Mr. Barnwell purchased this park
April 1, 1961.
Th ace ss road is not paved. The ori ginal 14 spaces have slabs and
som utility buildings . There is no wash house or toilets."
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A ma ll ma p of th e are a wa s then g iven Comm i s si on members, and Mrs .
Roma n s i nd i c ated Mr . Barnw e ll's property on thi s map. Mrs. Ro man s n ot e d
t ha t t h ere were s ome rent a l unit s which wer e remov e d at the reques t o f
the Buildin g De par t me n t , but that the Building De par tm ent do es not h a v e
a recor d of th e numb er o f un i t s which wer e removed. Th ere are 14 s p a c es
regis t r e d wit h t h e Bu i ld i n g De partment. It wa s report e d that upon
con clu si on of a t ou r of t h is mobil e hom e park, and others i n t h e area,
ar l i r i n the day by t h e Planning Di r e ctor and the City Att o rn ey, it
wa s no t e d that t h is par t icu l ar Park ha s a t the present time 21 o r 22
trail r s o n t h e p ro perty . Th ese a dd i t i on a l s paces have not b een a pprove d ,
n or ha s t h Mobi l e Ho me Park e v er be en br oug ht into complianc e wi th th
Mobil Ho m Parks Or dina nce .
Mr. Barn w ll stat e d that h e wa s o ri g inally planning to a s k fo r expan s ion
of t h Park to 24 s pac es , but has d ecid e d that 2 0 spaces is more n early
wha t could b e accommodat e d on the prop er t y . Mr. Barnwell d is played a
p l an of h is pr opo s al, and not e d tha t a 30 f t. f rontage is i nd icat e d on
mo s t of th e s pa c es , and that wi th the elimination of one o r two of t he
e x i s t i ng s paces h e can r e ad j u s t the remain i n g spaces to meet the fr on t-
a g r qu i reme nt s . He quest i on e d t hat h e would be able to accommod a t e
th pa rkin g re qui r e me nt s , and a l s o que stioned whethe r or not h e s hou ld
be requi r e d to provi de "ope n s pace ". Mrs. Romans noted that the Com-
mi ss ion membe r s ar e con cerned a bout op en spac e , and that thi s will be
co n sid ere d.
Mr . To uchton e nt ere d and to ok h is place with the Commission.
Mr . Barnw e ll s tat e d that he f elt the requiremen5 for a wash house and
mop sink a re "r a ther r i diculous" inasmuch as he has no plans to permit
d e p e nd e nt trailers in this mobile home park.
Mrs . Romans pointed out that the Planning Commission had no author i ty
to permi t a var iance f r om the Mobile Home Parks Ord inance, and inasmuch
a s a was h hou se is r e qui r ed in the Ordinance, that it should be pro-
vid e d. I f Mr. Barnwell felt differently, he would have to appear b e for e
t h Bo ard o f Ad j ustment and Appeals.
Mr. Barnw 11 took e xception to the stat e ment that the motel un i t s wh i ch
wer e former l y on th is p r oper t y had be e n o r d e r e d torn down by th e Bu ild -
i n g D partmen t . He s tat e d that they wer e giv e n an order to br i n g them
up to t h e Hou sing Cod e , a nd it wa s h i s dete r mination to tear them down .
He al s o stat e d that the r e wa s an a gre eme nt between he a nd former Chi ef
Buildin g I n s p e ctor Wallace that there could be additional trailer s pac es
i f the mot e l un i t s we r e r emov e d. He s tated that the units "w ere neve r
con d emn d", a nd do esn 't know wher e such information would have been
picked up. Brief di s cu s s i on followe d , and the memo submitted to the
Plann i n g Co mmissi on by the Build i n g Department was again reviewed.
Mr . Ca rl s on asked what Mr. Barnwe ll planned to install under the
t rail ers --ribbon s or concrete slabs ? Mr. Barnwell stated that h e had
pl a nn ed on ribbon s . Mr . Carlson s tated that he felt the Elm Trailer
Cou r t is a very ni c e court, and that they have slabs under the trail e r s .
He stated wh en he toured the Elm Cou r t, h e tried to decide what i t wa s
th a t se t it a par t fr om the oth e r s , and he f e lt that the slabs und er th e
t r ail r s , th f e n ces ar ound e ach s p a c e , e tc. were som e of th e th i n gs
tha t ma d e i t a "nice c our t".
Th wi dt h of th e road~a y was br i f ly di s cussed; Mr . Barnwell stated
t ha t i L i 24 f t. ra th e r than th r qu i r e d 25 f t .
Mr. L nt sch asked what size t r a i l rs would be p ermit t e d in thi s par k?
Mr . B r nw 1 1 s tat e d tha t most of Lhe trai l ers are 1 2 x 64 . Mr . Barnwell
a l so sta t d that th e r a r e 1 .9 acr s in t h e si t e .
Fu r th r di s cu ss ion followed . It was d e t ermin e d tha t the pl a n wh ich ha d
bee n pr s e nted was n ot a d e qua t , a nd that a mo re c ompl e t e p lan s hou ld
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be broug ht in f or con s ideration by the Commission. Mr. Woods stated
th a t th e n e xt r gul a r meet i n g of the Commission would be on January 20th.
Mr . Barnw e ll s tat e d that h e would have the completed plans r e a d y at that
time.
I V. MR. J. PETTITT CONDITIONAL USE
Mob1le Home ~
CASE #42 -69D
12/11/69 3075 S. Sa nta Fe Dr.
12/ 2/69
ll/1 8 /69
10/28 /69
It was re por t e d tha t Mr. Machol had notifi e d the Plann i n g Dire ctor that
no on wo uld be a t this me e ting in regard to their application; but,
ra th r. t h y would attend the meetin g of January 20th . It was then
not d that Mr . St e ve Kovacik, realtor who is handling the sal e of the
subjec t pr op er ty was in attendance. Mr. Woods stated that Mr. Machol
and Mr . p ttitt have apparently been working on a completed plan of their
proposa l, a nd th e Commission has been waiting for this revised plan to
b submi t ted b f ore they consider the request further . Mr. Woods asked
if Mr . Kovac i k ha d any information to add? Mr. Kovacik stated that Mr.
P t titt is workin g on a model o f the proposed plan, but that it is not
com pl e t e d . No action was taken.
V. WAYNE K. NELSON CONDITIONAL USE
Mob 1 le Home ~
CASE fn -70
Mr s . Romans indicated the area Mr. Nelson is interested in on the small
map that had been used previously, inasmuch as this land is in the same
g eneral area as the mobile hom e parks that were d iscussed earlier . Mrs .
Roman s stated that t h is site is in the flood plain. Th is parcel is of
an irreg ular shape and has a small frontage on West Dartmouth Avenue,
a nd i s now vacant .
Mr. Nelson introduced Mr. McCoy who has done the layout f or h im. Mr.
Nel s on also presented a copy of a survey of the area, and a detailed
pla n of the proposed park. Discussion followed. Mr . Carlson asked if
Mr. Nel s on planned slabs or ribbons f or the trailers to park on? Mr.
Nel s on stated that the park is designed for ribbons; he pointed out
tha t there i s a concrete pat i o next to each trailer space . Mr. Nelson
a l s o s tated that most trail e r parks do not require slabs and he didn't
plan to install them in th is par k . Mr. Nelson noted that he plans to
r e quire each space to e nclo se th trailer with a skirt anyway, and felt
that the s lab wouldn't be needed i n that case. Mr. Nelson did then state
that if the Co mmission felt s lab s wer e necessary, that he would put them
in. The spaces in the proposed park are 39 ft. wide and 75 ft. deep.
The spaces have been desi gned for a concrete patio on one side of the
tra iler, and the parkin g s pace i s on the other side, which will g ive 25
ft . between trailer s themselve s . Mr. McCoy noted that this is a larger
s pac between trail e r s than now exists between houses in the residential
district s of the City. Mr. Nelson stated that the storage spaces as
s hown are the required 72 cubic ft., but that they will probably actually
be larg er aft e r they ar e constructed. He noted that some space will be
s odd e d , and tha t th ey plan to "beautify it as we go ". Mr. Nelson noted
th at th r wi ll b an area on the far end of the court for the parking
of boats a nd small tra i ler s . Further discussion followed.
Mr.
pr
1r.
that h f lt th is wa s the be s t plan that ha s b n
for a mobil hom park sin e h e has b e n on th Commission .
s lat d h would a r t ha t i t wa s a n ice pla n.
Mr Lon ask dhow much pro p erty was i nvolve d in the propo s a l? Mr .
lson slat d that h had a littl l ss than fiv acres. Mr . Car l son
ask d about a pla r a for children who would be living in th Par ?
Mr . lson sta t d t hat h p lann d t o limit the occupancy to adu lt s and
fami l i s with child r n und r sch o o l a Mr. Carlson s tated tha t in a
46 unit mobil hom park , a lo t of th occupants could hav two cars ,
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and asked wh -re the s co nd cars would be parked? Mr . Nelson said h e
felt there would be p l e nt y of room to park th e second car on th e s tr ee t.
Mr. Lentsch a~k d if this plan w r approved, wh en con struction would
be gi n? Mr. lson sta t d that th y wo uld like to finish the Oa sis Mobil e
Hom Park first, and Lh en would b gi n work on thi s one, hopef ull y by
April l s t. and work on iL through the year . Mr . Lentsch asked if they
would develop it at one tim , or make a pi ece-mea l pro jec t of it? Mr.
McCoy tat d thy didn 't want to develop thi s Park as they did Oasis;
th y want Lo g t all th lin es in firs t , th e n the roadbe ds, and d e v elop
it from th re. Di cu ssion followed . Mr. Nelson s tat e d that h e had
talk d Lo th e City En gi neer, and t ha t th e si t e has g ood drainage . Mrs .
Romans again pointed out that it is in the flood pl a in z on e as es tabl ish d
by Lh Corp of En in rs , an d as adopt d by the S tate Water Conse rvation
Bo a rd and Lh D nver R gi:>nal Council of Governments , and that in add ition ,
th e actual flood lin e of th e 1965 Flood did cover this property. Mr.
McCo y stated th at th re had been only one bad flood i n 90 years . Mrs .
Romans s tat ed that until Chatfield Dam and Mt . Carbon Dam are built,
that this prop r t y will b s ubj ec t to fl ood i n g from both th ese streams ,
and that s h did not feel it was l ogical to put trailer houses in this
area . She r~called that the problems in th 1965 Flood were caus d by
trail e r home s , a uto bodies, and lumber yards which had b en permitted
in the South Pl a tt e River Flood Pl ain . Sh e noted that until these dams
wer con struc t e d, the City would b remiss in permitting a dd itonal u ses
as this in th Flood Plain. Mr s. Romans stated that the floo d lines of
th 1965 Flood were a matt er of r cord i n the Pl ann i n g Depar tm ent for
thos who are interested . It was fur th er pointed out by Mrs . Roman s that
u e of thi s l a nd would not be denied shou ld t hi s p ro po sed mobile ho m
park plan n o t receive th e approval of the Conuni ssi on. Th e re are us s
which can be p ermi tt e d in f lood plains, and s tructur es which can b e built
to with tand th e flood. Di cussion fo llowe d. Mr. Nelson s tat e d that
it was a l gi Limate r ea on to deny th use of the land as a trail er
court, but that if om on purch ased land o n hi g h er g round for a mobil e
hom court, thy cou ld n 't g t permission to put it th ere ei ther . Mr.
Carlson not d that Adam County is reported to have land for 6 ,000
trai 1 r spac avail abl , but n o on e has developed them yet .
Mr. \ oo d a -k d what pric th spaces would rent f or? Mr. Ne lson s tated
he was thinkin about $50 p r s pace, which would in clud e wat er and
po ibly el ctricity.
Mr. Lon not d that w are considering three or four small courts i n the
sam ar a, an d conun nt d that if they could b combi n e d, we could have
nou h l a nd to work with an d come up wi th a v ry n ice Park . Furth r
di cu ion fo ll ow d . Mr. Touchton co~n e nt ed that th on p r obl em h e
f lt was "i n surmo unt abl "wa s th e f act that th land is in a flood plain .
Th on the funding for Ch a t field Dam was discussed. Mr s . Roman s
d that Congr ss had not a ppropr iated th necessa ry funds that were
to k p the cons truct i on on schedul e, so it wi ll be d elayed by
a y ar or so. And th r has been nothin g don e toward th e construction
of Mt. Carbon Dam xc pt th very preliminary s tud ies .
Mr. Wood asked Mr. N l so n if th r was a tim sch dul e to be met? Mr .
l on s taLed that h had th property under option until th e last of
F bruary or first of March . Further discus sion follow d. No action was
Lak n .
VI COLUMBI E FREEWAY.
Mr s . Romaii;-g av-meiiibrs a copy of a 1 tter which h had r c iv d from
Mr. Giltn r, D nv r Plannin g Dir ctor; a cop of a 1 tt r from Mr. Von
Fr~l l ick Lo Mr. Giltn r, and a copy of a l tt r from Mr. Gilln r to
Mr. V(•n rellick . Th r was also a p titian wh ich was lob
variou.., ag~.c nci("> which Mr. Von Fr llick had s nl to Mr. Giltn
that i t wou I d ntuall b pr nl d Lo Gov rnor John A. Lov
cu ..,[nn follow d.
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VII . DEN VER RE GI ONAL COUN CI L OF GOVERNMENTS.
Mr. Lon~--ta t eoth a t-t he next meet1 n g of th e Council of Gov ern me nt s
would b Jan uary 21s t .
Mr. Carl s on repor t ed on the Policy Ad visory Cormni t tee meetin g of
D cemb r. A reques t for matching fun d s for f u r ther d e vel opme nt of
B 11 vi w Park had be n approved . Mr . Carlson th e n d iscussed a report
which wa o, g i v e n on the mobile home parks by a r epresent ativ e of
Adam s County. Ther e are 6,000 s paces wh ich are n o t d e v elope d in ~dams
Count y . Ratios of c h il d ren per mo bi l e ho me were a l so brought out at
thi ~ m tin g , an d Mr . Carlson stat e d t hat it is evi d en t that c h ildren
ar e not a prob l em wh n con siderin g t rai l er pa rk s and a partme nt z oni n g .
Di cu ~ion on mobil hom parks fo llowe d. Mr. Lon e s t a t e d t hat he ha d
r a d an article in which it s t a t e d tha t numero u s e x e cut ives were a d o pt i n g
th mobil h me as a place of resi d ence . Mr . Lon e d iscu ssed a r c nt
vi~i t to California and s om of th e mo bi l e home parks h e ha d seen t h ere.
Mr. Lo n s tat e d th a t th y permit 10 uni t s p er acre ; a nd that even though
th e trail r s ar clos to g ther, becau se of the land sca p i n g an d t h e way
th parks w r dev lop d, tha t i t resu l t s i n a n ice lookin g park . He
not d th a t th ::.tr t s look abou t 15 f t . wi d e , a nd th price p e r s pa c e
in on mob il e hom park was $117 per mo nth.
Mr . Car l s on s tat e d that he fe l t some g u i d el in es on fea tu res we feel are
d irab l in a mobil ho me p ark s hould be dra wn up. Mrs . Roman s n o t e d
that Lh Mobile Home Parks Or d i nance s hould be the gui d elin e by wh ich
w can work. She p oint e d out tha t the only mobile hom e park i n th e Ci t y
which m ts t h e s tandar d s o f th e Ord i nance i s th e Elm Tr a i l er Cou r t a t
314 1 Sout h Santa F Drive , s o that it is r e ally not fair to s a y tha t
th Or d inance i s not a d e qua t e . Mr s . Romans stated that th e p r ob lem
app ars to be one o f e n f or c e ment . Di s cus s ion followed. Mr. Be raradin i
ask d if th e mobi l e hom e parks were u s es-by-right in the Indu s tri al
Di s tr i ct? Mrs . Ro ma n s s t a t e d th ey were Conditional Us e s. Mr. Bera rad i n i
qu tion d Co ndit i on a l Uses a nd a s k e d "conditioned upon what?" Fu r the r
discu s ion fo ll o we d .
Mr . Romans t a t e d tha t t he offi c e do es have copi es of mobil e ho me
ordinanc es from throu g hout th e me t r o a r ea , and that in h e r op i n i on, th e
on w are o pera t i n g und er is be tt r than mo s t of them. Sh e not e d
th a t the Ordinan ce from Ad ams Cou nty a nd f rom the Ci t y o f Li ttl e ton are
both g ood, but that Ad ams Co un ty re qu ires a minimum o f 10 acres for a
1nobil hom park . Th e Ci t y of Littlet on permi ts e i g ht un i t s p er acre
in a mobil home park . Mr . Lo ne sta t d that h e f elt s ome mi ni mu m a r ea
for a mobil ho me pa r k might be a po i nt to con side r . Discu ss ion f ollowe d .
Mr. Ca rlson sta t e d th a t h e fe lt i t might b e wis e to pe rm i t Mr. Pe ttitt's
17 s pac s : Mr. Ba rnw l l 's 14 s pa c s , a nd to d e ny Mr. Ne lson 's appl i c a tion .
H s tat d t hat if th ey ha d s pac e noug h to accommod at e th e e xtra tra il ers
t h y wa n ted . tha t wi th out the add i tional s pace s , they would have op e n
s pac noug h t o land scap i t a nd com e up with something fair l y n ice.
Th y would b r qu ired t o compl y wi th the provision o f th e Mob ile Ho m
Pa rk Or dinance i n every way . He d i dn 't f eel it would cre at e a "ha rd s h i p"
on t h s two mobile home parks , i nasmuch a s they are permit ted l 7 and
14 pace s r s pec t ively anyway , a nd with a nicer park, th ey could charge
a hi g h r fe per s pace . He s tat e d that they could always appl y at a
l a t r time for a dd i t ional s pa c es a f t e r th ey ev i denced tha t th ey were
com pl y in g wit h t h Ordinance . Mr . Lon e s tated tha t he fe lt th e s u gges t ion
was a ood on e . Mr. Carlson n o t e d h e fel t i t s hou l d be requi r e d t o
"skir t th trail rs, or i n stall a s l a b t o pre ve nt th e weed s grow i n g an d
th tra h (rom bein s towe d under t h e trailers . Mrs . Roma n s n o ted that
th pr s nl Mobil Hom e Parks Ordinan c p rovi d es a mea n s to e n s u re that
trash i not al lowe d on the premises. Mr . Carlson stated that un t il t h e
Mobil e Home Pa rks Ordinance is enf o rc don th e existin g parks, h e is n ot
in favor o( allowin g any mor parks, or enlar ing the exis t ing parks.
Mr~. Ro mans d i cu s d th TOP ICS pro ram which will be consid r d at
th next Pol icy Advi s ory Cormnitte of th Cou n cil o f Go vernme nt s metin g.
Th Pl a nnin Commission in 196 and 1969, a pp roved the TOPIC S p rograms ,
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which is a request for federal aid for traffic programs. In Englewood,
this will encompass the installat ion o f traffic signals along South
Broadway . Further brief discussion followed .
The meeting adjourned at 9:55 P. M.
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tn:u L.\tl n :t·:TI.NG
l·:N t:LI·:\VUUD I' 1\LJC Lllllv\HY 130,\H D
TU I::SDAY, JA U1\HY 1:3 , l!J 70
The rc~ubr mcl'lin~ of the En[.\lc\\'oo<.l Public L1brary Board meeting w a~ called to order
at 7 :J0 P .l\1. by i\lt·s. Uc vcl'ly Simon, Cha irman .
Present: Beverly Simon, Hay Wal s h, Dallas Dhority, Muriel Smith and ll arriet Lute.
Ab sent: llarold i\lillel' and John i\l:t.'\·w ell •
. \ quorwn was de dare d . Mi nl!l c'S Of the l ast meeting were approved.
The :;ta t h;tics fo r the yca1· l:Jli:J \\'ere p r esente d, di sc ussed and com p ared with the an nual
r p o rt o[ th e pre vious year . i\li::;::; Lute reported that the circ ulation of book::; inc1·ea::;cd
22 ,018 in 1969.
lr s. ::.imo n repor ted that a book "Treasury of Contentment" .1a::; purchased by th e LiiJrary
Board in t he memory of l\lr::;. Bullen, t o be g 1vcn to he r daug hter.
i\lis s Lute reporte d that i\lr . and i\Jrs. Sull1vanwant to purchase fur the library all books
w r itl nand illus trate d by Joan Anglund in t he memory of th eir daughter·, and th at Gent·
Jarre ll gave a memorial g ift of :;>10 0.00 to the l ibrary t o obtain book s on flying and s pace
i n t he memory of her son.
Miss Lute r eport e d on the nwnb 'r of people us in ~~ the libL·ary in th e eve nings and of t he
n eed for additional staff a t s uch ttmcs. Thl.) stud e nts o[ Skill Sc.:hool a rc now vJ::;itlu g the
library once a ll'cek. The libra1·i ans met ll'lth other ::;e hool a nd public lii.Jrat·iam; of A r apahoe
County this pas t montb and l\ll::>s Lull.) s:ud the a r c making tentative plan ::; to exchange jobs
fo r a day to promote be tter w1dcr standmg of c:ac h othe r's p r oblem s .
The Board rc ie11ed c.:opit•s ur .t letter to :\Jr. ,J ohn Eas ll it:k , dirc.:etor of llll' survey of the
A r apahoe Hcgional and the l.Jltldon LiiJrant·s. The l etter was 11 ~·lttcn 1n response to
1\l r. Eastlit:k 's questions 11 1th nh.tnl to the a motmt of t;ervice g tv cn to patron::; in A r apahoc
Cow1ty by the En,;kwood l'ublte Library.
1rs. Simon and :\l1 ss Lute n purLed on tilL' -.outJL'Ltllon \1 1Lh the t:emed1 a idc p 1 ojeet.
Thirty HcmedialdL'S I ho ha l had u houn, or tr:uni n ~ to c nau le thc•m to help the teachers ill
the Eng le wood l'ublw Sehoub,b. ~t\ln~ md11 Jdt;tl ass1::;Lance to ::;tudLiltt:i who arc readmg
two years or more bel011 the1r hradc !L'1 l'l. 'l'hL' Hem c diaidcs ::;pen t an afternoo n in the
p ublic library. Afte r a bnLlmg on thL' rL't:iOUl't:L'::; o[ the library, th ey observed Mis::; Smith ,
children 's l ibrarian, t ·lling sto t'lt'S to a grou]l o f third gmdc ehildren .and each Hc m e dia idc
h e l ped a c hild find a book he 1 oulu e njoy 1·eadmg.
Discu::;si o n mts held on till' "Htght to Ht·ad" a nd 11ha t the library mi gh t do. It was s uggested
t hat a concr t e project, "speed readmg" n11ghl be u sed to id cn tll y with Uu s program. ll
was s uggest e d t hat thi s typL' o[ a read ing program could be held 111 t he libra1·y lor the public.
l\1r . Dhority made the motwn th at l\lrs. Simon and Mi:;s Lut • determine If s uch a program
is fca ::;1ble and if there it:i mter •s t in t he community in a speed read1ng course. Dr . \ alsh
seconde d the motiJn .
Membe r s hip in ltbrary organi zatwns was dhcusscd . Dt·. \\'alsh madL' the motion that the
dues of a ll the library board members to the 'olorado Library Asso ciaUon be p'ud from
the bud ~ct; that t he due s of thL' Cha1t·man bt• paid for the Am eneau Lii.J1·ary Association and
the dues of the Vw ·-Chairman for Lhe l\Iountalll l'lams Library i\ssoctatlon. 1\lr·t;. Smtth
seconded th e mollon.
Di scussiO n 11a s lwld on supporli nl{ th e Colo rado !:>LttL' Lturary'::; HJ70-7l buug l'l request .
The board directctl tht• 'h:urman lo \I ntc lt·s . D tllL'IllO l'e urg111:; her to s upport the budget
reque s t.
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Th 'ha1rman UJ anl cd lunl'l Smtth, 11ho s • knn ha s t''\])IL't•d , fur ht•e ~:>L'l' IC<' to the
Library Board . !J r . \\abh mlormt•d thl' Bo:1rd of h is dectsiJn to ~;ubmit Ius res1gnation .
l\1r s . Simon e ,,prcssl'd till' Board's n .•:;n ·t and appL'cc t:ttwn. I • •
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Suggestions were made lo Mr. Dhorily of persons who might be consiucred by lll0 Counc.;il
to fill the vacanci es on the Libr:u·y Ho<.~.rd,
Discussion or the policy s tatem e nt on the Library Purpo::;e w<.~.s ta led and wi ll be put on the
first of the <.~.genda for the next library board meeting .
The meeting was adjourned at 10:40 P.M.
Hcspeetfully s ubmitted,
Joanne &dgwick
Hecordin Secretary
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ENGLEWOOD PARKS & RECREATION COMMISSION
Minutea of January 13, 1970 L;{) 'I
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The regular monthly meeting of the Englewood Parks & Recreation Commission was call~
to ot'der by Walter Jorgenaeo, vice chairman, at 7:30 p. m. in the Recreation Office.
Members present: Jorg;enaen, Kr iling, Beier, Alle n, Lay & Romans, ex-officio
Members absent: CUBh1n& md BleSBing
A1ao preeent: J e rry Roytber, Asat. Director of Parks & Recreation
Jim Hob110n , Secretary of Englewood Recreation Council
Allen moved, Beier secwded, that the miDutes of the November 12 meeting be approved
priDted. Motion carri ed.
The finiUIC1al report for December (final for 1969 } was presented by the Director. Income
for the month -$20, 758 ; expense for month -$12, 0~; total income for year -$95, 682 ; total
expense for year -$105 ,568 . Total percentage of income collected for year -99%; total per-
centage expended -93%. It was noted that in several items the actual iDcome received for the
year exceeded the budgeted figure and yet the percentage shown i s only 100%. Krelllng moved,
Beier seconded, that the finunclal report be received with reservations concerning the method of
computing the percentages. Motion carlfed.
The 11 st of expenditures for December, ln the amount of $7, 67 4. 17, waa presented for
approval. Allen moved, Beier oeconded, that theee be approved aa presented. MoUoo carried.
Wben the State Highway Department constructs the Broadway Interchange m the spring of
1970 there will be no more CommeTce Park. The sod, sprinkler heads , trees, etc. bave been
s al aged to be used in other parks. There wu discueeion concendng the poaslblllty or the city
dcv loping an area on the south of Little Dry Creek between Logan and Sherman to be used aa a
park. Mr. Romans snld he would check this out and report at tbe next meetiD«.
Repo rting on t be status of the pro()Of'ed golf course for Englewood. Mr. Romana stated he
feels th only way Englewood will ever finance a golf course is to levY another one cen ealea b.%
to be earm a r ked for thia purpose. He is 1nveettgat1ng the possibility of asaistaDoe from tbe Ul'ban
Dra.1r1.ap and nood C trol Act of 1969 . Under thia program the government would purduwe
the land and the Clty ld de lop lt. It waa ~~aggested that contact with South SUburban con-
tiD to i f there lJI any iDterellt iD pauuJnc a Joint golf oourae d lopm IIDd if there Ia
any iDdioated thai have tbe Oolf Committee meet with the South Suburban Board.
The Duncan Ceramic Bulldlnc baa heeD painted inalde, floor• ref1nlsb.ed, abelvea inataned,
plumbing flxed, etc. which makea it much better and more eftioient lor the cluaea.
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Parka & Recreation Commlaalon
Minutes or January 13 , 1970
A slide presentation oovertng the park replacement program aud reorea.tion activities
has been forwarded to the Gold Medal Award contest. It will be shown to the Commlasion some-
time in the near future.
The second meeting of the Englewood Recreation Council youth members wu held
November 30, 1969 . Mr . Hobson stated they hoped to have more meetlngs with these youngsters
during the year to get their ideas and views on the recreation activities.
The terms of Mr. CusbJ.Dg, Mr. Beier and Mrs. AileD expire Febn&ry 1 , 19'70 . The
Director was instructed to forward a letter to the School Board ooncernlDg Mr. Cnebing. Mr.
Beier and Mrs. Allen were asked 1£ they would oonsider accepting another four year appointment
and both answe1·ed in the affirmaUve. Their reappointmenta will be considered at the Febl'llary
maetlng. Election or officers will aleo be held in the February meetlni.
The D1r~or was ask d 1f the clfic!!t1ona were ready for the seediDg IIDd apriDider
system for the mlddle portion of Belleview Park development. He sta~ that liD up-to-date report
o the balance of the park replacement fund ie needed before apeoificaUone can be started. The
Commtas1on suggested that the ae ding and sprinkling eystem be scheduled and completed whether
federal atd Is avaUablo or not. The Finance Director will have thla balauoe u soon u poalble
to ba preaented to the Commi ston. It may be necessary to have a special meeting of the Comml8aton
to con&ider the plans for this development to be presented to City CoanoU.
M e 1 adjourned at 9:15p.m.
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Ct"T'y 0 F" f.{ c o u,,,....,c '4l
"0CUf1.1 t::N'T'
'7]
Cou .'c.
CtT"y OF
Cl'l'Y OP ENGLEWOOD, COLORADO
BOAJlD OP ADJUS'1'MBJi'l' AI1D API?BAIS REGULAR MEB'l'IBG -DECBMBBR 10, 1969
Chairman Rhodus c:&lled the meeting to ord~tr at 8a00 P. M.
MEMBBltS PRBS WetterstrOlll, Pitchford, Hazen, Clayton, Rhodus
HBMBBRS ABSBB'l' a llone
OTBBR OFFICIALS PRESENT' Win. A. Hamilton, Acting Chief Building Inspector
case 69-99
Bob Briola -
Bob 's Grocery
3296 So. Washington case No. 69-99
The applicant is requesting permission to erect a cover over the loading
dock on a non-conforming grocery store in an R-1-c residential zone.
The cover is 9 ft. by 10 ft. and will be to protect the loading from ice
and snow in the winter. The property has been properly posted and
advertised.
Pitchford moved,
Wetterstrom seconded, the variance for the roof cove~ granted
subject to the drainage as a:?proved by the
City Engineer.
Ayesa Mezen, Wetterstrca, Pitchford, Clayton, Rhodus
Rays: Bone
Abaenta JiOne
Al ~hneon Construction co. ~~--------~~---------1200 lfeat Lehigh Ave.
~ue no, 69-100
'the applicant is requesting permission to use blo 12 ft. by 60 ft. IIOblle
offices for construction company. ~ey presently have company offices
in the continental ational Bank, but their eorapany has the eonatruetion
contract on the tunnel thru Loveland pass and they need extra office
space for an approxiaate period between six aontha and eighteen IM)Iltha.
•
Clayton, moved,
Mezen seconded, the applicant be granted a o e year license
subject to renewal upon request to use two
mobile offices subject to the following
conditions a the offices to remain on
wheels and to be connected to the water and
sewer .
Ayeaa Mezen, Wetteratrom, Pitchford, Clayton, Rhodus
Rayea IIOne
Abaenta &one
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Dal.las 'l'OUrnex cue 110. 69-961\
4100 South BannOck
At the 1\lOvember meeting of the Board the applicant requested a
refund of a building perait 'Whi.ch had expired and was cancelled
by the building department . The secretary vas to obtain an
opinion from the City Attorney as to whether the Board had the
authority to refund monies .
The City Attorney gave a verbal opinion that the Board had no
authority to refund moniea.
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Clayton moved,
Pitc:hford seconded, since i.n the opi.nion of the City Attorney
the Board cannot authorize the ref\mdi.ng
of money the request for a refund be denied.
DUe to the fact there ia not a greater
measure of relief that the Board reCCIP"end
to the council they consider equitable
relief to thi.e contractor. 'the contractor
baa obtained a new pend t for the building a
on the site.
wetterstrom, Pitchford, Mezen, Clayton, Rhodus
IJOn
Ayes a
Itaya a
Absent a Bone
'there being no further bwli.ness to come before the Board the
meeting was adjourned at 10 aOO P. ll.
Suaie Schneider, Recording Secretary
I . •
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REGULA.Il. MEETIN G
ENG IDIOO D WATER AND SEltlER BOARD -JAN UARY 20 , 197 0
Membe r s Pr es ent: Brownewe ll, Kr eiling, Lay , Robohm , Schwab
)
Membe r s Ab sent : Frantz
Oth er City
Officials Present : Directo r of Utiliti es Carro l l
(Sec . Note : Mr. Herman Ol i ne r r ecently r esigned as a me mb er of the Englewood Water and
Sewe r Board, creating a vacancy ,)
Mr . Carr oll re po r ted t hat he had r ecen ly a tended an o pen hearing, c on ducted b y t he Color ado
State High wa y Departm ent, re garding a co r ridor in t he vicinity of the Mc Le llan Reservoi r f o r
the southwe s tern be l t way, of fici ally kn own a s I-470 ,
It wa s di s clo se d in this hear ing t hat the re were proposals f or four alternate r outes f or s uch
beltway and Mr , e arroll pointed same out on a draw i ng o f t he McLe llan Reservoir area,
After di scus s ion, i t wa s th e c onsensus of o pinion of th e Bo ard t hat the least unfavorable
loca tion would be the shoreline proposal, provide d t he City would lose no capacit y in t he
reservoir and would bear no expense ,
Mr , Carroll presented the following correspondence relative to the Englewood HUD applica tion
fo r Federal gran t in aid for Western Slope wa ter development:
•
"DEPARTMENT OF HOUS ING AND URBAN DEVELOPMENT
819 Taylor Street
For t Worth , Texa s 76102
Mr , S t anley H. Dial
City Manager
City of En gl ewood
Englewoo d, Co l or ado 80110
Dear Mr, Dial :
December 19, 1969
\-JS -Colo -92
City of Englewood
Water Fac ilities
This acknowl e dges Mr , Carroll's le t ter of De c em be r 10 , 1969 , c oncerning
t he c urrent statu s o f t he ab ove pr oj e ct,
As you pr obably kno w, we have many mo r e a pplica tions on h a nd than avail-
able pr og ram f unds , A the pr esen time the proj e ct fails to rate hi gh
enough to warran us to invite a full a pplication , In r eview ing prel imi-
nary inquires , consideration is given to a varie ty of f ac tors and numer i -
c al values are a ssigned to each fac t or to arr i ve a t an ov e rall point total ,
Among the factors consider ed are the follo wing :
Compliance with the planning requir e me nts of the Wa ter anu ew er
Grant Program,
Area Need . Type of project, exis ing faciliti e s , adequacy of
existing facilities , rela ive need of project to th e co mmunity ,
Financial Rating , Communi ties with an "Aa a" bo nd class ifica tion
wou l d not rate as high as a "Ba a ",
Physical Need , Number of previous approvals in th e ar e a , loc a tion
of project in low-income area, does project eliminate po te ntial
public health ha zards ,
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Economics of Scale . Example: construction of a central water
treatment plant rather than several smaller independent plants .
Utilization of Capacities . Degree project provides for growth
as well as meeting an immedi ate critical need .
Economic Status . Average family income, low-income communities
receive higher ratings than high -income communities .
Relationship to Areawi de Plan . Degree of importance of this
project to the areawide comprehensi ve plan .
Ability to Proceed . How soon co nstruction can get underway .
Have plans and specifica tions been completed and all necessary
Fe deral , State and local approvals obtained .
In addition to the foregoing , other considerations include: national
needs; needs of the De partment of Housing and Urban Development; relation-
ship of project to other HUD sponsored projects , or progr ams; rela ionship
to o ther Federal a gency sponsored projects or programs , a s well as other
levels of go vernmen t sponsored projects or programs; a nd relative importance
of project to the communi y .
Although your project a ppears to be most worthwhile and of considerable
importance , we do not believe it would be fair to invite a full application
from you at this time due to our fund limitation .
We will hold your application i n suspense pending our next qu ar terly review
of a pplications next spring and will consider your a pplica tion a gain at that
time .
We regr et the long dela ys which our funding situation demands and we sin-
cerely appr e cia te your patience .
For
cc :
Since r ely yours ,
(sgd .) Conn D. Catterton
Travis Wm . Miller
Assistant Regional Administrator
for Metropolitan Development
Charles B. Carroll , Jr ."
"CI TY OF ENG lE WOO D
34 00 So . Ela ti St .
Engl e wood , Colorado
80ll0
Office of the City Manager
J a nuary 7 , 1970
Mr . Travis Wm . Miller
Assistant Regional Administrator
for Metropolitan Development
Department of Housing and Ur ban Development
819 Taylor Street
For Worth , Texas 7610 2
Dear Mr . Miller:
RE: WS-Colo-92
City of Englewood
Water Facilities
We wi sh to thank you for your prompt response to Mr. Charles B.
Carrol , Jr .'s letter of December 10 , 1969 , regarding the above
mentioned project . Naturally, we are disappointed that it would be
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quite unlikely tha a full application from us would r esult in grant
monies being provided in the near future . It was most kind of you to
outline the basic cri er i .a or evaluation and the difficulties confronting
you due to the limited ava ilability of funds .
It would be most helpful to u s , however , to visit wi th you rather
specifically about the manner in wh ich the criterias are applied to
th is project as com pared wi th oth er projects being requested by other
cities . To this end , we will be in touch wi th your office by telephone
in a few weeks in order o di s cus s with you the possibility of Mayor
Elmer Schwab and me vis iting with you in Fort Worth sometime du ring
the next several months . \-/e would like to have he opportuni y of
doing this , and preferably prior to your next quarterly review of appli -
cations .
Thank you .
Cordially yours ,
/S/ Stanley H. Dial
City Manager
SH D/ij
CC : Mayor Elmer E . Sch wab
Mr . Conn P, Patterton
Mr. Charles B. Carroll , Jr ."
After discussi on , in which it was brought out t at all possible effor t should be made to br ing
about a favorable r eview of the applica ion by HU D this Spring ~
Kr eiling moved ,
Browne well, s econded , That the Wa er and Sewer Board recommend to City Council that an
a ppointment be made ilr.mediately for representatives of th e City
of Englewood to meet with HUD officials concer ning the Engle wood
HUD applica ion .
Ay es :
ays :
Absent:
Br ownewell , Kreiling, Lay , Robohm , Schwab
None
Franta
Mr . Carroll presented the following correspondence relative to an inquiry, previously pr esented
to the Board on November 1 8, 1969 , as to possible Englewood sewage trea tment, through in-
clusion within Southgate Sanita ion District , for land owned by Irv ing J . Hayutin:
(Also see Minutes of Englewood Water and Sewer Board meeting held November 18, 1969, wherein
the rna ter was tabled by the Board .)
•
"CITY OF ENGlEWOOD
3u00 South Elati st .
Englewood , Colorado
80110
Offi c e of the Director of Utili ies
Novembe r 19 , 1969
Mr . Richard L. Banta, Jr .
3 70 South Sherman
Englewood , Colorado 80110
Dear Mr . Banta:
The Wate r and Sewer Board , on November 18, tabled the
pe ition p rtaini ng to Mr . Irvin Hayu in . The Board
desired a complete resume and updating of the liti ation
over the Englewood Dam •
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Hopefully, at the next meeting we will be in a position
to rende r a decision on Mr, Hayutin 's r equest ,
Respectfully,
/S/ Charles B. Carroll, Jr .
Director of Utilities
CBC/ng "
"CITY OF ENGJ.E\ofOOD
3uOO Sou h Ela i s •
Englew ood , Colorado
Bono
Offi ce of the Director of Utilities
November 20 , 1969
Mr, John A, Criswell
3755 So uth Bro adwa y
Englewoo d , Colora do 80110
Dear John :
At t he last Wa ter Board we considered a reques for
sewer service for Mr . Irving Hayutin , Th e Bo ard
decided to table the request until they could be
apprised of the l itigation over the En glewood Dam .
Would you ple ase summ arize for us the ba ckg r ound
an d current sta tus of our litigation with Mr . Ha yutin
on he Englewood Dam?
Sincerely 1
/S/ Charles B. Carroll, Jr .
Director of Utilities
BC/ng "
"Law Offices
John A, Criswell
Mr . Charles B, Carroll
En~lewood City Ha ll
3400 S , El ati
Englewood , Colorado 0110
Dear Chuck:
3755 South Broadway
Engle wood, Colo rado 80110
Phone 761 -00Bo
January 6 , 1970
This will confirm our previous conversation relating to
the litigation involvin the Englewood Dam ,
As you r ecall , the Englewood Dam was constructed in the
mid 1930's durin the depression as a part of public wo rks
pro j ec • Under that program it was necessary for the Ci y to
show to the federal gov e rnment that it had the right o posses -
sion of the land upon which the dam was to be built and for this
reason the Ci y and the landowners entered into a long -term (I
believe 90 years) lease g ran ing the City the right to go onto
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the property and to construct and maintain the dam ,
Ho wever , this lease wa s , unfortunate ly, never recorded,
as a result of whi ch no one was ever officially put on notice
of the existence of the lease , I ndeed , I am told that the City
couldn 't even find its copy of the lease and the only wa y in
which we were finally made aware of the terms of that lease was
by Councilman Br aun's paying a visit to the National Archives
in Wa shington, D.c., and getting a copy of the same .
The present own e r s of this property purchased the same in
the mid 1950 's and , as I have said , due to the fact that t he
lease had never been recorded , they wer e not given legal noti f ica-
tion of its existence , Therefore , they refused to allow the City
to com e onto the property to maintain the dam .
From the time o f their purchase until a bout 1964 (a period
in excess of six year s) the City and the Hayutins haggled over
this thing , Finally, in 1964 a lawsuit was filed which was
still pending when I became City At torney,
About a ye ar or ye ar an d a half a go the Arapah oe Dist rict
Court dismissed th a t lawsuit on th e basi s th a t the statute of
limitations b arred prosecution of the claim--i .e , the City
waited too long from the time that th e Hayutins first refu sed
to recogni ze our inte res t in the ground to b r ing a lawsuit .
Upon entry of this Court decision, the City had ninety
days in which to ap pe al the same to the Colorado Supreme Court .
I a dvised Council of this fact and further adv is e d that we had
a t best a 50 -50 chance of reversing t he t rial cou r t . Co uncil
thereupon tabled the matter and I was never autho rize d to appeal
this decision, which means the decision is final and binding .
Th is does not me a n, in my opinion, that, should the dam
go out and cause dama ge to a down s tream own er that that down -
stre am owner might not have a claim for money damages which he
might prosecute , It does mean , however , tha t there is nothing
that we can do at this point, through litigation, to continue
our maintena nce program on that dam . You r letter of No vem-
be r 20 , 1969 , seems to indicat e that the Water Board would like
to condition its su pplying of water to this ground upon the land -
owners' reco gni zing s ome interest in the City for purposes of
ma inta ining the dam. This seems eminently reasonable to me and
I would hope that this could be done . However , as to the le -
gality of such a condition I would , of cou rse , defer judgment
to the special consulta nt to the Water Board , Mr . Mark Sh ivers,
an d to the present City Attorney , Mr . Be rnard Berardini .
Sincerely,
/S/ John A, Criswell
JAC: lJ1
cc: Mr, Berardini"
After discussion of the foregoing correspondence , it was determined that the matter would
be left on the rlater and Sewer Board table , with same to be referred , through Mr . Carroll,
to the present City Attorney, Mr . Bernard Ber ardini, for his opinion as to the position
of the Ci y .
The following letter from Mr, Richard L, Ban a , Jr ., A torney for Southgate Sani ation
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the property and to construct and maintain t he dam .
However , th is lease was, unfortunately, never recorded,
as a result of whi ch no one wa s ever officially put on notice
of t he existence of the lease . Indeed, I am to ld that the City
couldn't even find its copy of the lease and t he only wa y in
whi ch we were finally made awar e of the terms of that lease was
by Counc ilman Braun 's paying a vis it to the National Arch ives
in Wa shington, D.c ., and getting a copy of the same .
The present owners of this proper ty purchased the same in
the mid 1950 's and , as I have said , due to the fact that t he
l ease had never been recorded , they wer e not give n legal notifica-
tion of its existence . Therefore , th ey r efused to allow the City
to com e onto he property to maintain the dam .
From the time o f their pu r c hase until a bout 1964 (a per iod
i n excess of six ye ars) the City and the Hayu tins haggled over
this thing . Finally, in 1964 a lawsuit was filed wh ich was
still pending when I becam e City Attorney.
About a ye ar or year and a half a go t he Arapah oe District
Court di sm issed th a t laws uit on the basis that the statute of
limitations b arred pr o secution of th e claim--i .e. t he Ci t y
waited too long from the time that the Hayutins first refused
to reco gni ze our inte rest in the gr ound to bring a lawsuit .
Upon entry of this Court decision, the City had ninety
days in which to a ppe al the same to the Colorado Supreme Court .
I advised Council of this fact and further advised that we had
a t best a 50 -50 chance of reversing the trial co urt. Co uncil
thereupon t a bled the matter and I wa s never author ized to ap peal
this decis ion , whi ch means the decision i s final and binding.
This does not me an, in my opinion , that, s hould the dam
go out and cau se dama ge to a down s t ream owner that that down -
stream owner might not have a claim .fo r money damages whi ch he
might prosecute . I t do e s mean, ho wever, that there is noth ing
that we can do at this point, thr ough litigation, t o continue
ou r maintenance pro gram on that dam . Yo ur letter of No vem-
ber 20 , 1969 , seems to indicate th at the Wa t er Board would like
to condition its su pplying of water to this gr ound upon the land -
owners' reco gn izing s ome interest in the City f or purposes of
ma inta ining the dam . This seems eminently r ea s onable to me and
I would hope tha t th i s could b e done . Ho wever , as to the le -
gality of such a condi tion I wo uld, of co urse , defer j udgment
to the special consultant to the Water Bo ard, Mr . Mark Shiver s ,
an d to the present Ci ty Attorney , Mr . Bernard Be rardini .
Sincerely 1
/S/ John A. Criswell
JAC : 111
cc: Mr. Berardini"
Af te r discussion of the foregoing correspondence , it was determined that the matter would
be left on the '1-Iater and Sew er Board table , with same to be referred, through Mr . Carroll,
to the pre sen t City Attorney, Mr . Bernard Be rardini, for his opinion as to the position
of the City .
The follo win g letter from Mr. Richard L. Banta, Jr ., A torney for Sou hga e Sani ation
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Distr i ct , regarding i nclusion of addi tional land into said district. was received and rea d :
"SHIVERS & BANT A
Attorneys At Law
3470 South Sherman Street
Englewood , Colorado
80110
November 17 1 1969
Mr . Charles Carroll
lli.re c tor of Utilities
C~ y of Englewood
P. 0 . Bo x 178
Englewoo d , Co . 80110
Dear Mr . Ca rroll :
Re: Southgate Sanitation District
Connector 's Agreemen
Southgate San i t a tion District is processing for annexa-
tion to the area of the Distri ct the following described
pr oper y , to wit:
Tr a c ho , excep he J,.Je s t 1 50 feet of the
South 200 feet thereof, Subdivision o f
Section 21 , To wnship 5 Sou t h , Rang e 67 West
of the 6 th P .M., County o f Arapahoe a.nd
St a te o f Colo rado .
The original and three copies of the proposed Supplement
No . 23 to he Connector 's Agreemen t are enclosed for us e in
this regard .
Your early a tention to our request would be app r eciated
ns
Enclosures "
Very truly yours ,
/S/ Richard L . Banta, Jr .
Attorney for Southgate
San itation Dis trict
The or i inal and three copies o f pro o sed Su plemen o . 23 accompan ied Mr . Ban a 's le ter .
Mr. Car r oll pointed ou the loca ion of the property involved on a map of Southgate Sani -
a ion lli.s ric wh ich showed that same is con iguous o he existing boundaries of the
dis r 1c , and recomm e nded at inclusion be i ve n favorable considera ion .
Af er s o r discuss~on 1
•
Lay l'lCved ,
0 r ~wn w 11 , s econded , That the En lE>wood Wa e r and Sewer Board recommend to City
Counci l that the land , as described in the propose d Supplement
No . 23 to the Connector 's Agreeme"'l with Southgate Sanitation
Di s r ic 1 be approved f or inclusion, with said supplement
bein properly execu ed by the Ci y .
Ayes:
ays:
Absen
Browne w 11 , Kr ei ling, Lay , Robohm , Schwa
one
Fran z
•
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Mr. Carroll advi sed the Board that , in recent conversation with Mr . M. 0 . Shivers , Jr .,
Legal Consultant f o r t he Water and Sewer Board, he had been advi sed that Mr. Shivers had
no been able to proceed wi th court action on alternative points of diversion of Eng lewood
wa e>r r ights since t he proposed new water court and court r eferee have not ye t been
established .
Mr. Carroll fur ther advised the Board that he intended to inqui re immediately of the Sta t e
Wa ter Commission as to when such court is expected to be establi shed .
Mr . Carroll referred to a questionnaire whi ch has be en circulated by the Na tional Water
Commissio n relative to problem s being encountered at the lo c al level and the municipalities '
endeavor s to surmount them.
A copy of this quest~onnaire had prev iously b ee n distr ibuted to all Wat er and Sewer Board
members.
Mr. Car r oll also referred to a detailed answer to th i s questionnaire , as prepared by the
Denver Board of Water Commission ers , wh ich, for the most part, had addressed each question
very thoroughly and left little , of significant value , that En glewo od could add.
(Copy of these documents on fi le in the office of the Director of Utilities.)
It was ag reed by the Board members present that in answer ing the questionnaire f or the City
of En lewood , Mr. Carroll would i ndicate that Englewood agrees with the an sw ers as submi t ted
by the Denver Board of Wa t er Commissione rs except for those pa rticular ques tions which have
a peculiar application to Englewood. The s e, Mr. Carroll will an swe r to the best of our
kn ow ledg e and submit same to c.o. G. for the~r completion and remi s sion to the National Water
Commission.
Mr. Carroll re po rted that he had recently re ceived an inquiry fr om the r ep r esentative of a
possible prospective buyer of En glewood 's Bo reas Pass water r i ghts a nd reques t ed permission
to pursue this preliminary con ac as we ll as others which might be interested.
In discussion , in which it was brought out that the Boreas Pass rights have pro ven to be
of neglig ible value to Englewo od , it was agreed by the Bo ard membe r s present th at Mr. Carroll
sh ould inves i ate all possibilities for th e sale o f same .
It was brought to the Board 's attent~on that Mr . Herman Oliner , whose term as member of ihe
En glewood Wa ter and Sewer Boar d would have expired Fe b ruary 1 , 197h , res i gned as of January
1, 1970 , thus creating a vacancy.
Mr . Carr oll also rem inded the Board t ha t the terms of membership of Mr. Robert F . Frantz and
Mr . L. L. Bro wn ewell exp1re as of February 1 , 1970 .
Af te r d~scuss1on , pertaining to the unexpired tena of Mr . Herman Ol iner, it wa s determined
t hat a wr itten re commendatio n would b e made to City Council containing the names o f several
En glewood ci ~zens wh o migh be co nsidered .
Discu ss~on ensued rela t~ ve to the appo n tlnents to fill th e expir~ng terms o f Mr. Frantz and
Mr . Bro wnewel l. I was a reed tha a wr itten recommendation would be forwarded to City
Council.
Mr. Carroll presented the original and thre cop~es of the final draft of a pr oposed Con -
nee or's Agreement between the City of Englewood and Country Homes Sanita ion District No.
One.
Th1 s d i s r 1 c , en co mpass i n 29 res1dences, ~s loca ed at the southwes co rne r of the i nter-
sec ion of Eas Hampd n Avenue and South University Blvd., and on Se ptember 16, 1969, the
Wa er and Sewer Board , after horou h considera on , recommend d to C1ty Council that, upon
f orma ion of a legal san i ta ion district, the Ci y enter into a Connec o r 's Agreement with
same . On Octo ber 6 , 1 69, Englewood C1 y Council app rov ed this recommenda tion .
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After discussion,
Kreiling moved,
Schwab, seconded, That the Water and Sewer Board recornrnend to City Council that the
proposed Connector's Agreement between the City of Englewood and
Country Homes Sanitation District No. One, as presented by
Ayes:
Nays :
Absent :
Mr. Carroll , be approved and properly executed by the City.
Br ownewell, Kre iling , Lay, Robohrn, Schwab
None
Frantz
Mr . Carroll made a brief, unofficial report to the Board on the financial status of the
Englewood Water and Sewer Departments covering the activities of the year 1969.
There being no further business to come before the Englewood Water and Sewer Board, the meeting was adjourned at 6:15 P.M.
App roved ______________________________ _
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Date :
Sub J e c
Re commendation :
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MEMORANDUM TO TilE ENG LEHOOD CITY COUNC IL REGARDING ACTION
OR RECOMMEN DATIO N OF TilE ENGLEWOOD WATER AND SEWER BOARD
Januar y 20 , 1970
Appointment W1.th HU D Of fic1.al s
That an appointment be made immedia tely for representatives of the
City of Englewood to meet with HU D officials conc erning the Englewood
HUD appli cation for Federal grant in aid for Western Slope wa er
development .
Respectfully submitted,
ENGLEI-1000 \·YATER AND SE'<IER BO ARD
By : L. A. Robohm
ice -Chairman
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Date :
Subjec
Recom:11 enda ion:
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MEMORANDUM TO THE ENGLEHJOD CITY COUNCIL REGARDIN G ACTION
OR RECOMMENDATIO N OF 'mE EN GW :lOOD HATER AND SEWER BOARD
January 20 0 197 0
Inclus1on of Add1 tional Land Into Southgate Sanitati on District
That the land , as described i n the proposed Supplement No . 23 to
the Connector 's Agreement wi th Southgate Sanitation Dis t rict, be
approved f or inclus1on into said district, with said Su pplement ,
herewi th presented, being approved and properly executed by the
City.
Re spe ctf ully submitted,
EN GLEWOOD WATER AND SEWER BOARD
By: L. A. Robohm
ce -Chairman
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Date:
Sub ject:
Recom:nend ation:
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MEMORANDUM TO TilE EN GLEWOOD CITY COUNC IL REGARDIN G ACTION
OR RECO MMENDATION OF 'IHE ENG LEWOOD WATER AND SEWER BOARD
January 20 , 1970
Connecto r's Agreement -Country Homes Sani ta tion Di strict No , One
TI1at the Connector 's Agreement between the City of Englewood and
Country Homes Sani tation Di strict No , One , providing for En lewood
s evage t r e a tment by connection of such distr ict directly to the
Englewood sewer system in the vicinity of South Race Street and
Ea s t Hampden Avenue , pr esented herewith , be a pproved and prope r ly
execu ed,
Respectfully subnitted,
By: L. A, Robohm
ice -Chairman
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REGULAR MEETING
ENGIDTOOD WATER AND SEHER BOARD -JAN UARY 20 ,
Members Present : Brownewell , Kreiling, Lay, Robo hm , Schwab
Members Absent: Frantz
Other City
Officials Present: Director of Utilities Carroll
(Sec . Note : Mr . Herman Oliner recently resigned as a member of the Englewood Water and
Sewer Board , creating a vacancy .)
Mr . Carroll re po rted t hat he had recently a tended an o pen hearing , conducted by the Colorado
State High wa y Department, regardi n g a co rridor in the vicin ity of the McLellan Reservoir for
he southwe stern beltway, officially known as I-470 .
It was di sclosed in this hearin g tha t there were proposals f or four alternate r outes for such
beltway and Mr . ~roll pointed same out on a drawing of the McLell an Reservoir area.
After discussion, it was the consensus of opinion o f the Bo ard that the least unfavorable
location would be the shoreline p r oposal , provided the City would lose no capacity in the
reservoir and would be ar no expense .
Mr . Carroll presented the follo win g corresponden ce relative to the Englewood HUD applicati on
for Federal grant in aid for lofestern Slope wa ter development:
•
"DEPARTMENT OF HOUSING AND URBAN DEVELOPME NT
819 Taylor Street
For t Worth, Texas 76102
Mr . S anley H. Dial
City Manager
City of Englewood
Englewood , Colo rado 80110
Dear Mr. Dial:
December 19 , 1969
rlS -Colo -92
City of Englewood
Water Facilities
Th is a cknowled ges Mr . Carroll's letter of December 10 , 1969 , conc erning
the current status of th e ab ove project .
As you probably kno w, we have many more a pplica ions on hand than a vail -
a ble program funds . At the present time the project fails to ra t e high
enough to warran us to inv ite a full app lication . In r eview ing prelimi -
nary inquires , consideration is gi ve n to a variety of factors and numeri -
cal values are assigned to each factor to arrive a t an ove rall point total .
Amon he f actors considered are the following:
Compliance with the planning requirements of the Water anu ~ewer
Grant Pro ram .
Area Need . Type of project, existing facilities , adeq uacy of
existing facilities , relative need of project to the community .
Financial Ra ting . Communi ties with an "A aa" bond classification
would no rate as high as a "Baa".
Physical Need . Numbe r of previou s a pp r ovals in the area, location
of project in low-income area , does projec eliminate potential
public health ha zards .
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Economics of Scale . Example : construction of a central water
t reatment plan t rather than several smaller independent plants.
Utilization of Capacities . Degree project provi des for growth
as we ll as meeting an immedi a te critical need .
Economic Status . Average fam i ly income , low-income communities
receive higher ratings than high -income communities .
Rel ationship to Areawi de Plan . Degree of imp ortance of this
project to the areawide comp rehensive plan .
Ability to Proceed . Ho w s oon con s truction can get unde rway .
Have pl ans and specifications be en completed and all necessary
Fe deral , State and local app r ovals obta ined .
In addition to the foregoing , other considera tions include: national
needs; needs of the De partment of Housing a nd Urb an Devel opment; relation -
sh ip of project to other HU D sponsored projects , or programs; rela ionship
to o ther Fede r al a gency sponsored projects or pr ograms , as we ll as other
levels of go vernment sponsored projects o r programs; and re l ati ve importance
of project to the community .
Although your pr oject a ppears to be most worthwhile and of considerable
importance, we do not belie ve it would be f a ir to invi te a full a pplication
from you a t this time due to ou r fund limitation .
We will hold your application in suspense pending our next quarterly r eview
of a pplications next spring and wil l con sider your application a gain at that
time .
We r egr et t he long delays wh ich our funding situation demands and we sin-
ce rely appreciate your pat ience .
cc :
Since rely yours ,
(sgd .) Conn D. Catterton
For Travis ~Tm . Hiller
Assistant Regional Adm inistrator
for Metropo litan Devel opment
Ch arles B. Carroll , Jr ."
"CITY OF ENG IE~IOOD
340 0 So . Ela ti St .
Englewood , Colorado
Bono
Office of the City Mana ger
January 7 , 1970
Mr . Travis Wm . Miller
Assistan Regiona l Administrator
for Metropo l itan Development
Department of Housing and Urban Development
319 Taylor Street
For Worth , Texas 7610 2
Dear Hr . Mil ler :
RE : WS -Colo -92
City of Englewood
Water Facilities
We wi sh to thank you for your prompt response to Mr. Charles B.
Carrol , Jr .'s le ter of December 10 , 1969 , regarding the above
mentioned project . Naturally , we are disappointed that it would be
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quite unlikely tha a full application from us would result in grant
monies being provided in the near future . It was most kind of you to
outline the basic criteri a or evaluation and t he difficulties co n!'ronting
you due to the limited availability of funds .
It would be most helpful to us , however , to visit with you rather
specifically ab out the manner in which the criterias are applied to
this project as com pared with other projects being requested by other
c~ ~es . To this end , we will be in touch with your office by telephone
in a few weeks in order o discuss with you the possibility of Mayor
Elmer Schwab and me visiting with you in For ~forth sometime during
the next several months . We would like o have the opportunity o f
doing this , and preferably prior your next quarterly review of appli-
cations .
Thank you .
Cordially yours ,
/S/ Stanley H. Dial
City Manager
SHD/ij
CC: Mayor Elmer E. Schwab
Mr . Conn P. Pa tterton
Mr . Charles B. Carroll, Jr."
Af ter discussion , in wh ich it was brought out that all possible effort should be made to bring
about a favorable review of the application by HUD this Spring ,
Kr eiling moved ,
Browne we ll1 seconded , That the Water and Sewer Board recommend to City Council that an
appointment be made immediately for representatives of the City
of Englewood to meet with HUD officials concerning the Englewood
HU D application .
Ayes:
ays:
Bro wnewell , Kreiling, Lay , Robohm 1 Schwa b
None
Absen Frant a
Mr . Carroll presented the following correspondence relative to an inquiry, previously pre sen ted
to the Board on Novembe r 18 , 1969 , as to possib le Englewood sewa ge treatment, through in-
clusion within Southgate Sanita ion Distri ct , for land owned by Irving J . Hayutin:
(Also see Minutes of Englewood Water and Se we r Board meeting held November 18 , 1969 , where in
the matter was tabled by the Board .)
•
"CITY OF ENGlEWOOD
3400 South Elati St .
Englewood , Colorado
80110
Office of the Director of Utilities
November 19 1 1969
Mr . Richard L. Banta, Jr .
3470 South Sherman
Englewood , Colorado 80110
Dear Mr . Banta :
Th 1-fa er and S wer Board , on ovember 18, tabled the
pe i ion pertaining to Mr . Irvin Hayu in . The Board
desir d a complete resume and upda ing of the litigation
over tht> Engl. wood Dam .
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Hopefully, at the next meeting we will be in a position
to render a decision on Mr, Hayu in 's request .
Resp ectfully ,
/S/ Charles B, Carroll, Jr .
Director of Utilities
CBC/ng "
"CITY OF ENGLEWO OD
3400 South Elati St,
Englewood , Colorado
Bono
Office of the Director of Utilities
November 20 , 1969
Mr . John A. Criswe ll
3755 South Broadway
Englewood , Colorado 80110
Dear John :
At the last Wa ter Board we cons idered a reque s t for
sewe r service for Mr . Irving Hayutin , The Board
decided to table the request until they could b e
a pprised of the litiga tion o ver the En glewood Dam ,
Would you ple ase summari ze for us the b ac kg r oun d
and current status of our litiga tion with Mr . Hayu tin
on t he Engle wood Dam?
Sinc erely,
/S/ Charles B. Carroll, Jr .
Director of Utilities
CBC/ng "
"Law Offices
John A. Criswell
Mr . Charles B. Carroll
Englewood City Hall
3400 S . Elati
Englewood , Colorado 80110
Dear Chuck:
3755 South Broadway
Englewood, Colo rado 80110
Phone 761 -0080
January 6 , 1970
Th1s will confirm our previous conv ers ation relating to
the l1tigation involving the Englewood Dam .
As you recall , the Englewood Dam was constructed in the
mid 1 30's during the depression as a part of public works
pro,i ec • Unde r that program it wa s necessary for the City to
show to the federal gov e rrunent that i had the right to posses -
sion of the land upon which the dam was to be built and for this
reason the Ci y and the landowners entered into a long -term (I
believe 90 years) lease granting he City the right to go onto
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the property and to co nstruct and maintain t he dam .
However , this lease wa s , unfortunately, never recorded ,
as a result of whi ch no one wa s ever officially put on notice
of the existence of the lease , Ind eed , I am told that the City
couldn't even find its copy of the lease and the only wa y in
which we were finally made aware of the terms of that lease was
by Councilman Braun 's paying a visit to the National Archives
in Wa shington, D.c ., and getting a copy of the sam e ,
The present owners of this pr operty purchased the same in
the mid l9SO 1 s and , as I have said , due to the fact that the
lease had never been recorded, they were not given legal notifica-
lO n of its existence , Therefo re , hey refused to allow the City
to come onto the property t o ma i ntain the dam ,
From the time of their purchase until a bout 196u (a period
in excess of six years) he Ci y and he Hayu tins haggled over
this thing . Finally , in l96u a lawsuit was filed which was
still pending when I became Ci y Attorney,
About a ye ar or year an d a half a go the Arapahoe Dis t rict
Court dismissed that lawsuit on the basis hat the statute of
limitations barred prosecution of the claim --i .e , the City
waited too long from the time that the Hayutins first refused
to recognize our interest in the ground o bring a lawsuit ,
Upon entry of this Court decision, the City had ninety
days in whi ch to ap peal the same to the Colorado Supreme Court ,
I advised Council of this fact and further advised that we had
a t best a SO -SO chance of reversing the t r ial court . Council
thereupon tabled the matter and I wa s never authorized to appeal
this decis ion, wh ich means the decision is final and binding.
This does not mean , in my opinion, that, should the dam
go out and cause damage to a downs t ream owner that that down-
stream owner might not have a claim for money damages which he
migh prosecute , It does mean , however , that trere is noth ing
that we can do a t this point, through litigation, to continue
our maintenance program on that dam , Your letter of No vem-
ber 20 , 1969 , seems to indicate that the Water Board would like
to condition its supplying of water to this ground upon the land-
owners' reco nizing some interest in the City for purposes of
maintaining the dam, This seems eminently reasonable to me and
I wou ld hope that this could be done , However , as to the l e-
gali y of such a condition I would , of course , defer judgment
to he special consultant to the Water Bo ard , Mr . Mark Shivers ,
an d to the present City A torney , Mr . Be rnard Be rardini .
Sincerely,
/S/ John A, Criswell
J AC: 1M
cc: Mr. Berard1ni11
After discussion of th f ore oing co rrespondence , it was determined tha the matter would
be left on the ·la er and Sewer Board able , with same to be referred, throu h Mr . Carroll,
to the present Ci y A t.orney, Mr . Bernard Pe rardwi , for his opinion as to the position
of the Ci y ,
The follOWln letter from Mr. Richard L. Banta, Jr ,, A torney for Sou hgate Sani alien
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i r 1c , r arding 1nclusion of additional land into sai d district. was received and read:
"S HI VERS & BANT A
Attorneys At Law
3470 South Sherman Street
En glewood , Colorado
Bo n o
Novem b er 171 1969
Mr , Ch arles Carroll
D:Lre ctor of Utilitie s
C1ty of En l ewo od
P . 0 , Bo x 1 78
Engle wood , Co . 80 110
Dear Mr , Carroll :
Re: South gate Sanitat ion District
Connector's Agreemen t
Southgate Sani t ation Di str i ct i s processing fo r annexa-
tion to the area of the District the follo win g described
pr op er t y , to wit:
Trac 40 1 except the West 150 feet of th e
South 200 feet t he reof 1 Subdi vision of
Section 21 , To wnshi p 5 South , Range 67 West
of the 6th P .M., Cou nty o f Arapah oe and
State of Colo rado .
The original a nd three copies of the proposed Supplement
No , 23 t o t he Connecto r 's Agreemen t are enclosed for use in
this regard ,
Yo ur early attention to our reques t would be app reciated
ns
Enclosur e s"
Very t r ul y yours ,
/S/ Richard L. Bant a , Jr .
Attorney for Southga te
Sani t ation Dis trict
The o r iginal and thre e copies of pr opo sed Sup plement No . 23 accompanied Mr . Bant a's le ter .
Mr. Carro ll po i n t ed au the l oc a tion of the property involved on a ma p of Southgate Sani-
a ion Distr ic which showe d t hat s ame i s c on i gu ous t o the existing boundaries of the
dis r1c , an d r ecommended at inclusi on be given favo rab le co nsideration ,
Af er short discuss1on 1
Lay moved ,
Browne we ll, se onded , That the EnglE> ad Wa e r and Sew e r Bo ard recommend to Ci ty
Council hat the land , as described i n the proposed Supplement
No , 23 to the Connecto r's Agreeme :1.t wi th Southgate Sanitation
Di s t r ict, be a pp r oved for i nc l u s ion, with said supplement
being pr o perly execu ted by the City ,
Ayes: Br ownewell , Kr eiling, La y, Robo hm 1 Schwab
ays: None
Abs nt: Frantz
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Mr. Carroll adv i sed the Board that, in recent conversation with Mr. M. 0. Shivers , J r.,
Legal Consultant for the Wa ter and Sewer Board, he had been advised that Mr. Shivers had
not been able to proceed with court action on alternati ve points of diversion of Englewoo d
water rights since the proposed ne w wa ter cou rt and court referee have not yet b een
established.
Mr. Ca rroll further advised the Board that he intended to inquire immediately of the Sta t e
Wate r CommissLon as to when such court is expected to be established .
Mr. Carroll referred to a questionnai re which has been circulated by the National Water
Commission rela.ti ve to problems being encounte red at the local level and the municipalities '
endeavors to surmount them.
A copy of this questLonnaire had previously been distributed to all Water and Sewer Board
members.
Mr . Carroll also r eferred to a detailed answer to this questionnaire , as prepared by the
Denver Boa rd of Water Commissioners , whi ch , for the most par t , had addressed each question
very thoroughly and left little , of significant value, that Englewood could add.
(Copy of these documents on file in the office of the Director of Utilities .)
It was agreed by the Board members present that i n answering the questionnaire for the City
of Englewood, Mr. Carroll would indicate th a t Englewood agrees wi th the answers as submitted
by the Denver Board of Water Commissioners except fo r those pa r ticular questions which have
a peculiar a pplication to Engl ewoo d. These, Mr. Carro ll will ~~swer to the best of our
knowledge and submit same to C.O.G . for their completion and remission to the National Wa t er
Commission.
Mr. Carroll re ported that he had recently received an i nquiry from the representative of a
possible prospective buyer of Englewood's Bore a s Pass water r ights and requested perm ission
to pu rsue this preliminar y contact as we ll as othe rs wh ich might be interested .
In discussion , in which Lt was brought out that the Bo r eas Pass r ights have proven to be
of negligible value to Englewood , it wa s agreed by the Boar d memb e rs present th at Mr. Carro ll
should inves ti ate all possibilities for the s ale of same .
It was brought to the Board 's attentLon that Mr . Herman Oliner , who se term as member of the
Englewood Water and Sewer Board would have expired Fe bruary 1 , 197h , resigned as of January
1, 1970 , thus creating a vacancy.
Mr. Carroll also reminded he Board tha the terms of membership of Mr. Robert F. Frantz and
Mr. L. L. Brownewell expLre as of February 1 , 1970 .
Af ter dLscussion , pertainin to the unexp red ten. of Mr. Herman Oliner , it was determined
that a wr tten re comme ndation would be made to City Council containing the names of several
Englewo od CL ti zens who might be considered .
Discuss Lon ensued rela h ve to the appo in tments to fill the expuLng terms of Mr . Fr antz and
Mr . Brownewell. I was agreed tha a wr itten recommendation wo uld b e forwarded to City
Council.
Mr. Carroll presen ed the o riginal and three copies of the final draft of a proposed Con-
nector's A reemen be wee n the Ci y of En lewood and Country Homes Sanitation Dis rict No.
One.
Thi s distric , encompassin 29 resLdences, 1s located at the southwes co rner o f the i nter-
section of Eas Hampden Avenue an Sou h Universi y Blvd ,, and on September 16 , 1969, the
Wa er and Sewer Boa rd, after thorou h considera ion , recommended to C1ty Council that, upon
forma ion of a le al sanita ion distric , the Ci y enter into a Connector's Agreement with
same. On Oc o r 6 , 1 69, Englewood C1 y Cou ncil approved this recommendation.
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After di s cussion ,
Kr e iling moved,
Sch wab, seconded,
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That the Water and Sewer Board recommend to City Council that the
propo sed Connecto r's Agreement between the City of Englewood and
Country Homes Sanitation District No. One, as presented by
Mr. Carroll , be approved and properly executed by the City.
Aye s:
Nays:
Br own e we ll, Kre iling , Lay, Robohm 1 Schwab
None
Absent: Frantz
Mr . Carroll made a brief , unofficial report to the Board on the financial status of the
En gl ewood Wa t er and Sewer Departments covering the activities of the year 1969.
There being no further business to come before the Englewood Water and Sewer Board, the
meeting wa.s adjourned at 6:1 5 P.M.
Approved. ______________________________ _
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ng Secretary
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Da e :
Reco!TII!Ienda ion:
.--------~~~----~
MEMORANDUM TO THE ENGLE'.\TO OD CI TY J OUNCI L RE GARDI NG ACTION
OR REOOMM J'lii DA TIO N OF THE ENG LEWOO D WATER AND SEWER BOARD
Januar y 20 , 1970
Appoi ntment With HU D Official s
That an appointment b e made immedia tely for representatives o f the
City of Englewood to meet with HU D offi cials con c erning the En gl ewo od
HU D appl ic ation for Feder al grant in a i d for Wes t ern Slope wa ter
development .
Respectfully s ubmitted ,
EN GLEHOO D HATE R AND SE',IER BOARD
By :
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Subject :
Recommendation:
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MEMORAN DUM TO THE ENG IDx:l OD CITY COUNCIL REGARD ING ACT ION
OR RECOMMEN DA TION OF THE ENGID.lOOD WATER AND SEWER BOAR D
January 20. 1970
Inclus ion o f Add1 tional Land Into Southga te San itation Dist rict
That the land , as described i n he proposed Supplement No . 23 to
the Connector 's Agreement with Southgate Sanita tion District, be
approved for inclusion into sai d district, with s a id Supplem e nt,
herewith presented , being approv ed and properly executed by the
Ci ty.
Respec fully submitted,
EN GlEWOOD WATER AND SEWE R BO AR D
By: L. A. Robohm
1 ce -Cha 1rman
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Date :
Subject:
Recom:nend ation:
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MEMORANDUM TO THE ENG LEWOO D CITY COUNCIL REGARDIN G ACTION
OR RECOMMElWATION OF 'mE ENGLEWOOD WATER AND SEWER BOARD
January 20 , 1970
Connector 's Agreemen -Country Homes Sanitation Di strict No , One
That the Connector 1 s Agreement betwe en the City of Englewood and
Coun ry Homes Sanita 1on Distr ict No , One , pr oviding for Englewood
sewa ge reatment by connection of such distr ict directly to t he
Englewood sewer system in the vicinity of South Ra ce Street and
Ea s Hampden Av enue , presented herewith , be a pproved and prope rly
executed ,
Res pectfully submitted,
ENGLEWOOD WATER AND SEWER
By: L, A. Robohm
ice -Chairman
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REGULAR MEETI NG
ENGIDTOOD WA TER AND SEHE R BOARD -JANU ARY 20
1
1 970
(.
Members Present :
~?'>-\C
1k
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, ) Br owne we ll1 Kreilin g, Lay , Roboh.m , Schwa b
Membe r s Absent : Frantz {._
Other City
Officials Pr esent : Director of Utili tie s Ca rroll
(Sec , Note : Mr . Herman Oliner recently resigned as a member of the Englewood Water an d
Sewer Board , creating a vacancy .)
Mr . Carroll reported t hat he had rece ntly attended an open hearing, con ducte d by the Colorado
State High way Department, regarding a co rrido r in the vicinity of the Mc Lellan Reservoir for
the southwestern beltway, officially known as I -L70 ,
It was di e clo s ed in this he ar ing th a t there were proposals f or fou r alternate r outes for such
beltway an d Mr. 6 ar roll po i nted same out on a drawing of the McLell an Reservoir area,
After discussion, it was t he consensus of opinion of the Board that the least unfavorable
location would be the sh oreli ne proposal, provided the City would lo se no capa city in the reservoir and would bear no expense ,
Mr . Carroll presen t e d t he fo llowi ng co rresponde n ce relative to th e Englewood HUD application
for Fede ral gran t in a id fo r Wes t ern Slo pe wa t er developme n t:
•
"DEPARTME NT OF HOUS ING AND URBAN DEVE LOPMEN T
819 Taylor Street
For t Worth , Te xas 76102
Mr . Stanley H, Dial
City Man a ger
City of En g lewood
Engle wood , Colo r ado 80110
De ar Mr . Di al:
December 19, 1969
~JS-Colo -92
City of Englewood
Water Facilities
This a ckno wledges Mr , Carroll 's letter of Dec em be r 10
1
1969
1
concerning
the current status of the above project,
As you probably kno w, we have many more a pplications on hand than avail -
able program funds , At the present time the project f a ils to rate high
enou h to war ran us to invite a full applica ion , In reviewing prelimi -
nary inquir es , consideration is given to a variety of factors and numeri -
cal values are assi ned to e a ch factor o arrive at an overall point total ,
Among the factors considered are the following:
Complianc e with the planning requirements of the Water anu e wer Grant Program .
Ar ea Need . Type of project, existing facilities, adequacy of
existing facilities , relative need of project to the community ,
Financial Rating , Commun i ties with an "Aaa" bond classification
would not rate as high as a "Baa ",
Physical Need , Number of previous approvals in the area, location
of project in low-income area, does project eliminate potential
public health hazards ,
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Economics of Scale . Example : construction o f a central water
treatment plant rather than several smaller independent plants .
Utilization of Capacities . Degree pro ject provides for gr owth
as well as meeting an immediate critical need .
Econ omic Status . Average family income , low -i ncome co mmu nities
receive higher ratings than high -income co mmunities .
Relationship to Areawi de Pl an . Degree of importance of this
project to the areawide comprehensive plan .
Ability to Proceed . Ho w soon con stru ction can get underway .
Have plans and specifications been comple ed and all necessary
Federal, State and local approvals obtained ,
In addition to the foregoing , other considerations include: national
needs ; needs of the De partment of Housing and Urb a n Development; relation-
ship of project to other HUD sponsored projects, or p rograms; relationship
to o ther Federal a gency sponsored projects or programs , as well as other
levels of go vernment sponsored projects or programs; and relative importance
of project to the community .
Although your project appear s to be most worthwhile and of considerable
importance, we do not belie ve it would be fair to invite a full a pplica tion
from you a t this time due to our fund limitation ,
We will hold your application in suspense pending our next quarterly review
of applications next spring and will consider you r application a gain at that
time ,
We regret the long delays which our funding situation demands and we sin-
cerely apprec iate your pa ience .
cc :
Sincerely yours ,
(sgd ,) Conn D. Catter ton
For Travis Wm . Miller
Assistant Regional Admin i strator
for Me ropoli tan Develo pment
Charles 8 , Carroll , Jr ."
"CIT Y OF ENGIE~IOOD
34 00 So . Elati St .
Englewood, Colorado
Bono
Office of the Ci y Mana er
January 7 , 1970
Mr . Travis Wm . Miller
Assistant Regional Administrator
for Metropolitan Development
Department of Housing and Urb a n Development
319 Taylor Street
For Worth , Texas 7610 2
Dear Mr . Miller:
RE : WS -Colo -92
City of Englewood
Water Facili ies
We wtsh to thank you for your prompt response to Mr . Charles B.
Car rol , Jr .'s le er of December 10, 1969 , regarding the above
mentioned pro ject , Naturally, we are disappointed that i would be
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quite unlikely that a full application fr om us would result in grant
monies being provided in the near future . It wa s most kind of you to
outline the basic criteria. or evaluation and he difficulties confronting
you due to the limited availability of funds .
It would be most helpful to us , however , to visit with y ou rather
specifically about the manner in which the criterias are applied to
this project as comp ared wi th other projects being requested by other
cities . To this end , we will be in touch with your office by telephone
in a few we eks in order to discuss with you the possibility of Mayor
Elmer Schwab and me visiting with you in Fort Worth sometime during
the next several months . ltle would like to have he opportunity of
doin g this , an d preferably prior to your n ext quarterly review of appli-
cations .
Thank you .
Cordially yours ,
/S/ Stanley H. Dial
City Manager
SHD/ij
CC : Mayor Elmer E. Sch wab
Mr . Conn P. Pa.tterton
Mr , Charles B. Carroll , Jr ."
Af ter discussion, in which it was brought out that all possible effort should be made to bring
about a favorable review of the applicati on by HUD this Spring ,
Kreiling moved ,
Brownewe ll1 seconded , That the Water and Sewer Board recommend to Ci y Council that an
appointment be made immediately for representatives of the City
of Englewood to meet with HUD officials concerning the Englewood
HU D application .
Ayes:
Nays :
Absent:
Bro wnewel l , Kreiling, Lay , Robohm , Schwab
None
Frant a
Mr . Carroll presented the f o llowing correspondence relative to an inquiry, previously presented
t o the Board on November 18, 1969, as to possible Engle wood sewage treatment, through in-
clusion within Southgate Sanitation District, for land owned by Irving J . Hayutin:
(Also see Minutes of Englewood Water and Sewer Board meeting held November 18
1
1969, wherein
he rna tter was tabled by the Board .)
•
"CITY OF EN GlEWOOD
JLOO South Elati St,
Englewood , Colorado
80110
Offi c e of the Director of Utiliti es
Novem er 19 , 1969
Mr . Richard L. Banta, Jr .
3L70 South Sherman
Englewood , Colorado 80110
Dear Mr . Banta :
The ~ater and Sewer
pe ition pertainin
desir d a complete
over the Englewood
Board , on November 18, tabled the
to Mr . Irvin Hayu in, The Board
resume and upda ing of the litigation
Dam •
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Hopefully, at the next meeting we will be in a position
to render a decision on Mr. Hayutin 1 s request .
Respectfully,
/S/ Charles B. Carroll, Jr.
Director of Utilities
CBC/ng "
"CI TY OF ENGLEWOOD
3uOO South Elati St.
Englewood , Colorado
Bono
Offi ce of the Director of Utilities
November 20 , 1969
Mr. John A. Criswe ll
3755 South Broadway
Englewood , Colora do 80110
Dear John :
At the last Water Board we considered a request for
sewer service for Mr . Irving Ha yutin . The Board
decided to table the request until they could b e
apprised of the litigation ove r the Englewood Dam .
Would you ple ase summari ze for us the background
and current status of our litiga tion with Mr. Hayutin
on he Engle wood Dam?
Sincerely,
/S/ Charles B. Carroll, Jr .
Director of Utilities
CBC/ng "
"Law Offices
John A. Cr iswell
Mr . Charles B. Carroll
Englewood City Hall
JUDO s . El ati
Englewood , Colo rad o 80110
Dear Chuck:
3755 South Broadway
Engle wood, Colorado 80110
Phone 761-0080
January 6 , 1970
This will confirm our previous conversation relating to
the litigation involving the Englewood Dam.
As you r ecall , the Englewood Dam was constructed in the
mid 1930's during the depression as a part of public works
pro j ect . Unde r that program it was necessary for the City to
show to the federal gov ernment that i had the righ to posses-
sion of the land upon wh ch the dam was to be built and for this
reason the City and the landowners entered into a long-term (I
believe 90 years) lease granting the City the right to go onto
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the property and to construct and maintain the dam .
Ho wever, this lease was , unfortunately , neve r recorded ,
as a r esult of whi ch no one was ever officially put on notice
of the existence of the lease . Indee d , I am told that the City
couldn • t even find its copy of the lease and the only way in
which we were finally made aware of the terms of that lease was
by Councilman Braun 's paying a visit to the National Ar chives
in Was hington, D.c., and getting a copy of the s ame .
The present owners of this property purchased the same in
the mid 19S0 1 s and , as I have said , due to the fact that he
lease had never been recorded , they were not given legal notifica-
tion of its existence . Therefore , they refused to allow the City
to come onto the property to maintain the dam .
From the time o f their purchase until a bo ut 196h (a period
in excess of six years) the City and the Hayu tins haggled over
this thing . Finally, in 196h a lawsuit was filed 1o.>h ich was
still pending when I became City Attorney .
About a ye ar or year an d a half ago the Ar a pahoe Dist rict
Court dismissed th a t lawsuit on the basis that the statute of
limitations barred prosecution of the claim--i .e . the City
wa.i ted too long from the time that the Hayutins first refused
to recognize our interest in the ground to bring a lawsuit .
Upon entry of this Court decision , the Ci y had ninety
days in which to appeal the same to the Colorado Supreme Court .
I advised Council of this f act and further advised that we had
a t best a SO -SO chance of reversing the t r ial cou rt. Council
thereupon tabled the matter and I was never authorized to appeal
this decis ion, which means the decision is final and binding.
This does no mean , in my opinion, that , should the dam
go out a nd cause dama ge to a downstream owner that that down -
stream owner might not have a claim for money damages which he
might prosecute . It does mean , however , that there is noth ing
that we can do at his point, through litigati on, to continue
our maintenance program on that dam . Your letter of No ~m-
ber 20 , 1969 , seems to indicate that the Wate r Board would like
to condition its supplying of water to this ground upon th e land-
owne rs ' reco nizing s ome in erest in the City for purposes of
maintaining the dam . This seems eminently reas on able to me and
I would hope that this could be done . Ho wever , a s to the l e -
gality of such a condition I would , of cou rse , defer judgment
to the special consultant to the Water Bo ard , Mr . Mark Sh ivers ,
a nd to the present City Attorney , Mr . Bernard Berardini .
Sincerely,
/S/ John A. Criswell
JAC :IJ1
cc: Mr . Bera.rdini"
After discussion of the foregoing correspondence , it was determined that the matter would
be left on the 'ria er and Sewer Board table , with same to be referred, through Mr . Carroll,
to the present City Attorney, Mr . Bernard Bera.rdini, for his opinion as to the position
of the City.
The following letter from Mr . Richard L. Banta, Jr ., Attorney for Southgate Sanitation
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District , regarding inclusion of addi tional land into said distr ict. was re ceived and rea d:
"SHIVERS & BANT A
Attorneys At Law
3470 South Sherman Street
Englewood , Colorado
Bono
Novembe r 17 , 1969
Mr . Charles Carroll
Director of Utilities
City of Englewood
P . 0 . Box 178
Englewood , Co. 801 10
Dear Mr . Carroll:
Re: Southgate Sanita tion Distr ict
Connector 's Agreement
Southga te Sanita ti on District is processing fo r annexa-
ion to the area of the District the follo win g described
proper y , to wit:
Tract 40 , except the We s t 1 50 feet of the
South 200 feet thereof, Subdivision of
Section 21 , Township 5 South , Ran ge 67 West
of the 6th P .M., County of Arapahoe and
Sta e of Colo rado .
The original and three copies of the pro po sed Supplement
No . 23 to the Connector 's Agreement are enclose d for use in
this regard .
Your early a ten ion to our request would b e app reciate d
ns
Enclosures "
Very truly you rs,
/S/ Richard L. Banta, Jr .
Attorney for Southgate
San itation District
The original and three copies of proposed Supplement No . 23 accompanied Mr . Bant a's letter .
Mr. Carroll poin ed ou the location of the property involved on a map of Southgate Sani -
ta ion District which showed that same is contiguous o the existing boundaries of the
district, an d recommended that i nclusion be given favorable consideration .
After short discussion,
•
Lay moved ,
Brownewell , seconded, That the Englewood Water and Sewer Board recommend to City
Council that the land , as described in the propose d Supplement
No . 23 to the Connector 's Agreeme:1 with Southgate Sanitation
District, be approved for inclusion , with said supplement
being properly executed by the City •
Ayes:
Nays:
Absent:
Bro wn ewell , Kreiling, Lay , Robohm , Schwa b
None
Frantz
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Mr. Carroll advJ.sed the Board th a t , l.n recen t conve rs ation wi t h Mr. M. 0. Shive r s , Jr.,
Legal Consultant for t he Water an d Sewer Boar d , he had been a dvi s e d t hat Mr . Shivers had
no been able to proceed with court action on alternati ve points of diversion of Englewood
wat'r r ights since t he pr opo s ed ne w water cour t and cour t refe r e e have no t yet been
established.
Mr. Carroll fu r ther ad v ise d the Board tha he intended to inquir e immediately of the St a t e
Water Commiss J.on as to when such cour is expected to be e s tablished .
Mr. Carroll referr ed to a questionnaire wh ich has been circulated by the National Wa ter
Commission relative to problems being encounte red at the local level and th e mu nicipal ities '
endeavors to surmount them.
A copy of t his questionnaire had previously been dis ributed to all Water and Sewer Boar d
members.
Mr. Carroll also r eferred to a detail ed answer to this questionnaire , as pre pared by the
Denver Boa r d of Water Commissioners , wh ich , for the me st part , had a ddre sse d each ques tion
ver y thoroughly and left lJ.ttle, of sign i ficant value , hat Engl ewoo d could a dd.
(Copy of these documents on file in the office of the Dire ctor of Utilitie s .)
It wa.s agreed by the Board memb ers pr esen t that i n a ns wer ing th e que s tionnair e fo r the City
of Englewood, Mr. Carroll would indic a te th a t Engl ewoo d a gr e es wi. th the an swers as submitted
by the Den ver Board of Water Co mm issione rs exc e pt fo r those par t icular que s tion s whi ch have
a peculiar applicat ion to Engl ewood. These, Mr . Carroll will answer to th e bes t of ou r
kn owledge and submit same to C.O. G. f or the i r co mp letion and remissi on t o t he National Wa t er
Conur.issio n .
Mr . Ca rroll re po r ted that he had r ec ently re c e i ved an inqui ry from the represent a tive of a
possible pr ospec t ive buye r of En glewood 's Bo reas Pass water r i ghts and reques t ed perm i ssion
to pu rsue thi s prel i mi nary c on t a ct as we l l as others whi ch mi ght be i nteres t ed .
I n discussion , in which it was br ought out th at t he Bo r e as Pa ss ri ghts have pro ven to be
of negligible value to Englewood , it was a greed by the Bo ard memb e rs prese n t th at Mr. Carro ll
should investigate all pos s ibilities for the s ale of s ame .
It was b r ought to the Board 's attentl.on that Mr. He rman Ol i ner, who s e t erm a s member of the
Englewood Water and Se we r Board would have expired Feb ruary 1 , 197h , re signed as of January
11 1970 1 thus creating a v acancy.
Mr. Ca rroll al s o r eminded the Board t hat t he terms o f membersh i p of Mr . Rober t F . Frantz and
Mr . L. L. Br owne we ll e xp1 r e a s of Fe b r uar y 1 1 1970 .
After di s cuss on , per taining to t he un expir e d tera of Hr. Herman Ol i ner, it wa s determined
that a wr itt e n recommend atio n wo uld be ma de t o City Counc il con taini ng the names of severa l
Englewood citizens wh o might be con s i dered .
DiscussJ.on ensued rela tJ. ve to the a ppointments to fill th e expiring te rms of Mr. Frantz and
Mr . Browne well. It was agreed tha a written r ecomm e ndation would b e fo rw ard e d to City
Council.
Mr. Carroll presented the o r iginal and three copl.es of the final draft of a pro pos ed Con -
nee o r's A reement between the Ci y of En lewood and Country Homes Sani ta ion Dis rict o.
One.
This dis net, encompassin 29 re sJ.de nces, is loca.ted at the southwes com r o f the i nter -
sec ion of East Hampden Avenue and Sou h Uni ve rsity Blvd,, and on Sep ember 16 , 1969, the
Wa er and Sewer Board , after ho r ough considera J.on , recommend d to City Council that, upon
f orma tion o a legal sani a ion dlstr ct, the City enter into a Connector's Agreement with
same. On Oc ober 6 , 19 9 , En l ewood C y ouncil approved this recomm ndation.
•
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Af t er discussion,
Kreiling moved 1 Schwab, se conded, That the Water and Sewer Board recommend to City Council that the
proposed Connector 's Agreement between the City of En glewood and
Country Homes Sanitation District No. One, as presented by
Mr, Carroll, be a pproved and properly executed by the City.
Ayes:
Nays:
Brownewell, Kreil ing , Lay, Robohm, Schwab
None
Absent : Frantz
Mr . Carroll made a b r ief, unofficial report to the Board on the financ i al status of the
En glewood Water and Sewer Departments cover ing the activities of the year 1969 .
There being no further business to come before the Englewood Water and Sewer Board, the
meeting was adjourned at 6 :15 P .M.
4 # _____
Cur~
App roved ______________________________ ___
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Date :
SubJect :
Re commen da tion:
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MEMORANDUM TO TiiE ENG LE'.·!OOD CITY COUNCIL REGARDING ACTION
OR REOOMMlliDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
January 20 , 1970
Appo intment With HU D Official s
That an appo i ntment be made immediately for representatives of the
City of En gl ewo od to meet with HUD officials concerning the Englewood
HUD appl ication for Federal grant in a id for Western Slope wa t er
development .
Res pectfully submitted ,
EN GLEHOOD i·!A TER AND SEHER BOARD
By: L. A. Robohm
l.Ce-Chairman
•
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Date :
Subject :
Rec ont"T!enda t ion:
•
•
MEMORANDUM TO THE ENGLE1·~0D CITY COUN CIL REGARDIN ACTIO
OR RECOMMENDATION OF "mE EN GW rlOOD HATER A D SEHER BOARD
Janua ry 20, 1 970
Inclus ion of Add~t io nal Land Into Southga te Sanitation District
That the land , as des c r ibe d in the proposed Su pplement No . 2J to
the Connector 's Agreement with Southgate Sanitation District, be
approved for ~nclus on ~nto said district, wi th said Supplement,
herewith presented, being a pproved and prop erly executed by the City.
Respectf ully s ubmitted,
EN GLEWOOD WATER AND SEWER BO ARD
By :
I • •
'
Date :
Sub j ect :
Recomm end a ion:
•
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MEMO RAN DU M TO THE ENG LEWOO D CI TY COUNC IL RE GARD ING ACTION
OR RECOMMENDATI ON OF 'IllE ENG LEWOOD WATER AND SEWER BOARD
January 20 , 1970
Connector 's Agreement-Country Homes Sanitation Di strict No , One
That the Connector's Agreement between the City of Englewood and
Country Homes Sanitation Tii strict No , One, providing for En glewood
sewa ge treatment by connection of such distr ict dire ctly to t he
Englewood sewer system in the vicinity of South Race Street an d
East Hampden Avenue , presented herewith , be approved and properly
execu ed .
Respectfully sul:Jnitted,
By: L, A, Robohm
ice -Ch a irman
•.
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REGULAR MEETI NG
ENGID!OOD WATER AND SETtlER BOARD -JAN UARY 20 , 1970
Ctry 0 f:" f:"
C .,,, I C I
Members Present: I "~l'
Browne well, Kreiling, Lay 1 Robohm , Schwab ~UA l!fV'r
Members Absent : Frantz I)
Other City
Officials Present: Director of Utili ties Carroll It
·CoLo.
(Sec , Note: Mr . Herman Oliner recently resigned as a member of the En glewood Water and
Sewer Board , c reating a vacancy ,)
Mr . Carroll re po rted t hat he had recently attended an o pen hearing, conducted by the Colorado
State High wa y Department, regarding a co rridor in the vicinity of the McLellan Reservoir for
the southwe stern beltway, offici ally known as I -470 ,
It was di s closed in this hearing th a t there were proposals f or four alternate r outes for such
beltway and Mr . e arroll pointed same out on a drawing of the McLel lan Re s ervoir area.
After discussion, it was the consensus of opinion of the Board th a t the least unfavorable
location would be the shoreline proposal , provide d the City wo4ld lose no capacity in the
reservoir and would bear no expense .
Mr . Carroll pr esented the following co rrespondence relative to the Englewood HUD application
for Federal gr ant in aid for Western Slope wa ter development:
•
"DE PARTMENT OF HOUSING AND URBAN DEVE LOPMEN T
819 Taylor Street
Fo r t Worth, Texas 76102
Mr . Stanley H. Dial
City Manager
City of Englewood
Englewood , Colo r ado 80 110
Dear Mr , Dial :
December 19, 1969
viS -Colo -92
City of Englewood
Water Facilities
This acknowledges Mr . Ca rroll 's letter of December 10 1 1969 , co ncerning
the current status of the above project.
As you probably know , we have many more appli c ati ons on hand than avail -
able program funds . At the present time the project fails to rate high
enough to warrant us to invite a full appli cation . In r eviewing prelimi-
nary inquires , consideration is given to a variety of factors and numeri -
c al values are assigned to e a ch factor to arr ive at an overall point total .
Am ong the factors considered are the following:
Compliance with the planning requirements of the Water anu !:>ewer
Grant Program ,
Area Need . Type of pro ject, existing facilities , adequacy of
existing facilities , relative need of project to the community ,
Financial Rating , Communities wi th an "Aaa" bond class ification
would not rate as high as a "Baa".
Ph ysical Need , umber of previous approvals in the area, location
of project in low-incom area, does project eliminate potential
public health hazards .
I • •
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Economics of Scale . Example : construction of a centr al water
treatment plant rather than several smaller independent plants .
Utilization of Capacities . Degree project provides for gr owth
as well as meeting an immediate critical need .
Economic Status . Average family income , low-income communities
receive higher ratings than high-income communities .
Relationship to Areawi de Plan. Degree of importance of this
project to the areawide comprehens i ve plan .
Ability to Proceed . How soon construction can get underway .
Have plans and specifications been completed and all necessary
Fed eral , State and local approvals obtained .
In addition to the foregoing , other considerations include: national
needs; needs of the llepartmen t of Housing and Urban Development; relation-
sh ip of project to other HUD sponso red projects , or programs; relationship
to other Federal agency sponsored projects or programs , a s well as other
levels of gov ernment sponsored projects or programs ; and relative importance
of project to the community .
Although your project appears to be rno st worthwhile and of considerable
impo rtance , we do not believe it would be fair to invite a full application
from you at this time due to ou r fund limitation .
We will hold your application in suspense pending our next quarterly review
of applications next spring and will consider your application again at that
time .
We regret the long delays which our funding situation demands and we sin-
cerely appreciate your patience .
cc:
Sincerely yours ,
(sgd .) Conn D. Catterton
For Travis "hn · Miller
Assistant Regional Administrator
for Metropolitan Development
Charles B . Carroll , Jr ."
"CIT Y OF ENGIEI-TOOD
3400 So . Elati St .
Engle ad, Colorado
Bono
Office of he Ci y Mana er
January 7 , 1970
Mr . Travis Wm . Miller
Assistant Regi on al Administrator
for Metropolitan Development
Department of Housing and Urb a n Developmen
819 Taylor Street
For Worth , Texas 76102
Dear Mr. Miller:
RE: WS-C olo -92
City of Englewood
Water Facili ies
We wish to thank you for your prompt response to Mr. Charles B.
Carrol, Jr .'s le er of December 10, 1969 , regarding the above
mentioned project . Naturally, we are disappointed that it would e
I • •
quite unlikely that a full application from u s wou l d result in grant
monies being provided in the near future . I t wa s most kind of you to
outline the ba sic criteria or e valuati on and the difficulties co nfronting
you due to the limited availability of fu n ds .
I t would be most helpful to us , ho we ve r , to visit with you rather
specifically a bout the manner in wh ich the criterias are applied to
this project a s com pared with other projects being requested by other
cities . To this end , we will be in touch with your office by telephone
in a few we eks in order o discuss with you the pos s ibility of Mayor
Elmer Schwab and me visiting with you in Fort Worth sometime du ring
the next several months . vie would like to have t he opportunity of
doing this , an d preferably prior to your next quarterly review of appli -
ca tions .
Thank you .
Cordi ally yours ,
/S/ Stanley H. Dial
City Manager
SHD/ij
CC : Mayor Elmer E. Schwab
Mr . Conn P. Pa.t terton
Mr . Ch arles B. Carroll, Jr •11
After discussion , in which it was brought out that all po ssible effo rt should be ma de to bring
about a favorable review of the application by HU D this Spring _.
Kre iling moved ,
Browne we ll, seconded , That the Water and Sewer Bo ard recommend to City Cou ncil that an
appo intment be made immediately for representatives of the City
of Englewood to meet with HUD off icials concerning the Englewood
HU D a ppl ication .
Ayes:
ays:
Absent:
Br ownewel l , Kreiling, Lay, Robohm , Sch wab
No ne
Franta
Mr . Carroll presented the following corresponden ce relative to an inquiry, previously presented
to the Board on November 1 8, 1969, as to po ss ible Englewood sewage treatment, through in-
clusion within Southgate Sanita ion District, for land owned by Irving J . Hayutin :
(Also see Minutes of En glewoo d Water and Sewer Board meeting held November 18 , 1969, wherein
the ma t ter was tabled br the Board .)
•
"CITY OF EN IEWOOD
3400 South Elati St .
Englewood, Colorado
Bono
Offi c e of the Director of Utilities
November 19 , 1969
Mr . Richard L. Banta, Jr .
3470 South Sherman
Englewood , Colorado 80110
Dear Mr . Banta :
The ~ater and Sewer Board , on Novemb er 18, tabled the
petition pertaining to Mr . Irving Hayu ti n . The Board
desired a complete resume and updating of the litigation
over the Englewood Dam •
I • •
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Hopefully, at he nex me etin we will be i n a position
render a decision on r , Ha yutin 's r equest .
Res ec tfully,
/S/ Char les B. Carroll, Jr.
Di rector of Utiliti es
CBC/ng "
"C ITY OF ENGW•IOOD
3uO O South Elati St .
Englewood , Colorado
80ll0
Offi ce of the Di r ector of Utilities
NovPmbe r 20 , 1969
Mr. John A. Cr iswe ll
37 55 South Br o adwa y
Englewood , Colorado 80 110
Dear Jo hn :
At t he las Wa t er Bo ard we co nsidered a request f or
sewe r serv ice f or Mr . Irving Hayutin . The Board
decided o t a ble the reques t until they could be
apprised of the litigation o ver the En glewo od Dam .
Would you ple ase summari ze f or us the background
and cu rren t sta tus of our litiga tion with Mr . Hayu ti n
on the Engle wood Dam?
Sincerely,
/S/ Cha rles B. Carroll , J r .
Director of Utilities
CBC/n g"
"Law Offices
John A. Criswell
Mr . Charles B. Carroll
Englewoo d City Hall
3 00 s . Elati
Englewood , Colorado 801 10
Dear huck:
37 55 South Broadway
En glewood, Co lorado 80110
Phone 761-0080
January 6 , 1970
Th1s will confir m ou r previous conversation relating to
he l1 igat ion inv o lv1ng the En lewood Dam .
As you r ecall , the Engl ewo o Dam wa s constructed in the
mid 1930 's during the depression as a part of public works
pro,iec • Unde r tha program i l was necessary for the City o
show th federal gov e rnmen th a i had he r ight to posses -
sion of the land upon wh1ch the dam was to be bu '1 t and for this
reason he Ci y and the landowners entered into a long -term (I
elieve 90 ye ars) lease ran ing he City he right to go onto
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the property and to construct and maintain the dam ,
However , this lease was , unfortunately, never recorded ,
as a result of whi ch no one was ever officially put on notice
of the existence of the lease , Inde ed , I am told that the City
couldn •t even find its copy of the lease and the on ly way in
whi ch we were finally made aw~re of the terms of that lease was
by Councilman Braun 's paying a visit to the National Archives
in Was hington, D.c ., and gettin g a copy of the same ,
The present owne r s of this property purchased the same in
the mid 1950 's and , as I have said , due to the fact that th e
lease had never been recorded, they were not given legal notifica-
tion of its existence , Therefore , they refused to allow the City
to come onto the proper ty to maintain the dam ,
From the time of their purchase un il a bout 196h (a period
in excess of six year s) the City and the Hayutins haggled over
this thing , Finally , in 196h a lawsuit was filed kTh ich was
still pending when I bec am e City Attorney ,
Abou a year or year and a half a go t he Ar a pahoe Dis t rict
Court dismissed th a t lawsuit on the basis that the sta tute of
limitations b arred prosecu ion of the claim--i .e, the City
waited too long from the time th a t the Hayutins first refused
to recognize our interest in the ground to bring a lawsuit ,
Upon entry of this Court decision, th e City had ninety
days in which to ap peal the same to the Colorado Supreme Court ,
I ad vised Council of this fact and further advised that we had
at best a 50 -50 chance of revers ing the trial court, Council
thereupon tabled the matter and I was never authorized to appeal
this decision, which means the decision is final and binding,
This does not mean , in my opinion, that, should the dam
go out and cause dama ge to a downstream owner that that down -
stream owne r might not have a claim for money damages which he
might prosecute , It does mean , however , tha.t there is noth ing
that we can do a t this point, through litigation, to continue
ou r maintenance program on that dam , Your letter of No vem-
ber 20 , 1969 , seems to indicate that the Wa t er Board would like
to condition its supplying of water to this ground upon the land-
owne rs • reco gn izing s ome interest in the City f or purposes of
mainta ining the dam, This seems eminently reasonable to me and
I would hope that this could be done , Ho wever , as to the le -
gality of such a condi ion I would , of course , defer judgment
to the special consultant to the Water Board , Mr . Mark Shivers ,
and to the present City A torney , Mr . Be rnard Ber ardini .
Sincerely,
/S/ John A. Criswell
JAC: IJo1
cc: Mr. Be rardini"
After discussion of the f oregoing c orrespondence , it was determined that the matter would
be 1 f on the 'Hater and Sewer Board a le , with same to be referred, through Mr . Carroll,
t.o the present Ci y Attorney , Mr . Bernard Be rard ini, for his opinion as to the position
of the Ci y .
The foll o wtng letter from Mr. Richard L. Banta, Jr ,, Attorney for Sou hgate Sanita ion
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District , regarding inclusion of additional land into said district. was recei ve d and read:
"SHIVERS & BANT A
At torneys At Law
JL70 South Sherman Street
Englewood , Colorado
Bono
November 17 , 1969
Mr , Charles Carroll
Director of Utilitie s
City of Englewood
P , 0 , Box 178
Englewood , Co . 80110
Dear Mr , Carroll :
Re: Southga te Sanitation Distr ict
Connector 's Agreement
Southgate Sanitation Distr ict is processing fo r annexa-
tion to the area of the District the following described
proper y, to wit:
Tract Lo , except the We s t 150 feet of the
So uth 200 feet thereof, Subdivision of
Section 21 , Township 5 South , Range 67 Wes t
of the 6th P .M,, County o f Arapah oe and
State of Colorado ,
The ori ginal and three copies of the proposed Supplement
No , 23 to the Connector 's Agreement are enclose d for use in
this regard ,
Your early a tention to our request would be app reciated
ns
Enclosures"
Very truly yours ,
/S/ Richard L, Banta, Jr .
Attorney for Southga te
Sanitation District
The original and Lhree copies o f pro osed Supplemen o , 2J accompanied Mr . Banta's letter ,
Mr, Carroll pointed ou the location of the pro perty involved on a ma p of Southgate Sani-
a ion Dis tric wh ich showed that same is con iguous o he e x isting boundaries of the
dl3 r1c , an d recommended that inclus1on be given favorable consideration ,
Af r sho r discuss1on 1
Lay mo ved ,
Br ownewell , seconded, That the Englewood Wa er and Sewer Board recommend to City
Council hat the land , as described in the proposed Supplement
No, 2J to the Connector 's Agreemen with Southgate Sanitation
Dis rict, be approved for inclusion , with said supplement
being properly executed by the City,
Ayes: Brownewell , Kreil ing, Lay , Robohm , S chwab
Nays: one
Absent: Fran z
•
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•
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Mr. Carroll advised the Board that, ~n recent conversation with Mr. M. 0. Shi vers , Jr .,
Le al Con s ultant fo r the Water and Sewer Bo ard, he had been advised that Mr. Sh i vers had
no been able to proceed with court action on alternative points of d i version of Englewood
wa e·r rights since the proposed new water court and court referee have not yet been
establi shed.
Mr. Carroll further adv~sed the Board that he intended to inquire immediately of the Stat e
Water Commiss~on as to when such cour t is expected to be establi shed,
Mr . Carroll r eferred to a questionnai re which has been circulated by the National Water
Commission re lative to pr oblem s be ing encountered at the local level and the municipal ities'
endeavors to surmount them .
A copy of this quest~onnaire had previously been distributed to all Water and Sewer Bo ard
members.
Mr. Car ro ll also r eferred to a detailed an swer to this ques ti onnaire, as prepared by the
Denver Board of Water Commissioners , wh ich , for the most part, had addressed each question
ver y thoroughly and left l~ttle , of significant value , that Englewood could add.
(Copy of these documents on file in the office of the Director o f Utilities.)
It was agreed by the Board members present that in answering the questionnaire f or the City
of Englewood, Mr. Carroll would i ndicate that Englewood agrees with the answers as submitted
by the Denv er Boa r d of Water Commissioners except for tho 98 particular questions which have
a peculiar applica ion to Engl ewood. These, Mr. Carroll will an swe r to the best of ou r
kn owledge and submit same to C.O.G. for their co mpletion and remissi on to the National Water
Comn:i s si on.
Mr. Carroll re po r ted that he had recently rece i ved an inquiry from the representative of a
poss~ble prospective bu yer of Englewood 's Boreas Pass water rights and requested permission
to pu rsue th~s preliminary contact as we ll as others which might be i nterested ,
In discussion , in wh ich i was b r ought o ut that the Bore as Pass rights have proven to be
of negligible value to Englewo od , i t was a greed by the Bo ard members present that Mr. Ca rroll
should investigate a l l possibilities for the sale of same .
It was b r ought to the Board 's attent~on that Mr. Herman Oliner, wh ose term as me!llbe r of the
Englewood Wa ter and Sewer Bo ard would have expired February 1 1 197u , re signed as of January
11 1970 1 thu s creating a vacancy.
Mr. Carroll also rem i nded the Boar d that the terms of membersh ip of Mr. Robert F. Frantz and
Mr. L. L. Bro wnewell expi re as of February 1 1 1970 .
After d~ sc uss~o n , pertaining to the unexpired ter11 of Mr. Herman Oliner, it was determined
that a wr ~tten re commen da tion would be made to City Council containing the names of several
En lewood c~ tizens wh o might be con s idered .
Discuss~on ensued relabve to the ap poin tments to fill the e x p~nng terms of Mr . Frantz and
Mr . Bro wnewell. It was a greed that a wr itten recommendation would be fo rwarded to City
Council,
e Mr . Carroll presented the original and three copies of the final draft of a pr oposed Con -
nector 's Agreement between the City of Englewood and Country Ho mes Sanitation Dis rict o.
One.
•
This district, encompassing 29 res~dences, is located a t the southwes co rner of the inter-
sec ion of East Hampden Avenue and South Uni ve rsity Blvd,, and on September 16, 1969, the
Wa er and Sewer Board , after thorough consideration , recommended to C~ty Council that, upon
forma ion of a le al sanitation distr ict, the Ci y enter into a Connector 1 s Agreement with
same, On Oc~o er 6, 1 69 Englewood City Counci l approved this r ecommendation •
•
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After discussion,
Kreiling moved,
Schwab, seconded, That the Water and Sewer Board recommend to City Council that the
proposed Connector 's Agreement between the City of Englewood and
Country Homes Sanitation District No. One, as presented by
Mr. Carroll , be approved and properly executed by the City.
Ayes:
Nays : Br ownewell, Kre i ling, Lay, Robohm, Schwab
None
Absent : Frant z
Mr . Ca rroll made a brief, unofficial report to the Board on the financial status of the
Englewood Wa ter and Sewer Departments covering the activities of the year 1969.
There being no further business to come before the Englewood Water and Sewer Board, the
meet1ng was adjourned at 6 :1 5 P.M.
4~~ Cur~
Approved
--------------------------------------
•
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Da e :
Subj e ct:
Recomm e ndation:
•
•
MEMORAN DUM TO TH E ENGLE'.\'OOD CI TY ~OUN::IL RE GARD ING ACTION
OR RECOMM EN DATIO N OF THE ENG LEWOO D WATER AN D SEWER BOARD
Januar y 20 , 1970
AppointJnen WHh HU D O ff1c~al s
That an appointment be mad e immediate l y fo r representatives of the
c~ y of En lewood to mee with HU D officials co nc erning the Englewood
HUD appl~ca ~o n for Feder al gran t ~n a id fo r Wes t ern Slope wa t er
developnen •
Re s pectfully s ubmit ted,
EN GLEI-100 0 HA TER AND SE't!ER BOARD
By: L. A. Robohm
~c e-Cha i rman
I • •
Date :
Subject:
Recommendation:
•
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MEMORANDUM TO THE EN GLE1•()0 D CI TY COUN'::IL REGARDIN G ACTION
OR RECOMMENDATIO N OF THE EN GLE1 OO D 1,.1ATER AND SEWER BOARD
January 20P 197 0
Inclusion of Add i ional Land Into Southgate San itation Di s trict
That the land , as described in he p r oposed Su pp lement No . 23 to
the Connector 's Agreement with Southgate Sanitation Dis t ri ct, be
approved for inclusion into said district, with said Su ppleme nt ,
herewith pre sented , being approved and properly executed by the
City.
Respec fully submitted ,
EN GLEWOOD WATER AND SEWER BOARD
By :
I • •
Date :
Su bj ect:
Recom:ne nd a tion:
•
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MEMORANDUM TO THE ENG I&tOOD CIT Y COUNC IL REGARDING ACTION
OR RECOMMUIDATION OF 'IH E ENG LEWOOD WATER AND SEWER BOAR D
January 20 , 1970
Conne cto r 's Agr e ement -Cou ntry Homes Sani tat i on Distric t No . One
That t he Conne ctor 's Agreement betwe e n the City o f Englewood and
Country Homes San ita ~on Di str ict No . One, providing f o r En gl ewo od
s ewa ge t reatmen t by connection of s uc h district directly to t he
En g lewood s ew e r system i n the vicin ity o f South Race Street and
East Ham pden Avenue , pr esented herewi t h , b e a p proved an d properly
executed.
Re spectfu l ly su bm i tted,
By : L. A. Rob ohm
i c e-Chairman
I • •
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TO :
fROM:
Stephen A. Lyon , City Clerk
•
0
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INTER-OFfiCE
MEMORANDUM
DATI :
Charl e s B. Carroll, Jr ., Director of Utilities
Supplement No. 23 To Connector's Agreemen t With Southgate Sanitation
SUIJICT : District
Attached are the original and three copies of Supplement No. 23 to the
Connector's Agreement with Southgate Sanitation District for approval
and execution by City Council on February 2, 1970 .
Su ch approval has been recow.111ended by the Water and Sewer Board a t it 's
Regular Meeting held January 20 , 1970 .
After same has been a ppr oved by City Council and executed by the Mayor
and yourself, please return all copies to this office for further handling
with the sanitat i on district, recording and distribution.
Attach . (4)
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INTER..OFFICE
MEMORANDUM
TO : Stephen A. Lyon , City Clerk DATI :
FROM : Charles B. Carroll, Jr ., Director of Utilities
....... -··-...~,.() ''-t::
·C
SUBJECT : Connector's Agreement -Countr y Homes Sanitation Di stri ct No . One
Attached are the original and three copies of the Connector 1 s Agreement
between the City of Englewood and Cou ntry Homes Sanitation District No .
One for a pproval and e xecution b y City Co uncil on February 2, 1970 .
Such approval was recommended by the Water and Sewer Board at it 's
Regular Meeting held January 20 , 1970 .
After same has been a pp roved by City Council and executed by the Mayor
and yourself, p l ease return all copies to this office for further handling
with the sanitation distri ct, record ing and distribution .
~c£!i8:~ (~.~
Director of Utilities ~
Attach. (4)
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c-,0-'"'o~ '-.., /'
/('
I'HRO Dl .'CED ,\S . BILL BY C OUl~C U.Nl\N __ )C:::?'
r
'.q i.,
/
/\.'·! Or>fH i"\NCE J\;•IE''TH i G SECTION 18 .7-l Ol' riC .. :o;;IC JP/\1 , ,COIJfc OF'
TilE -ITY OF' S''GLI~'JOO!J, COLORADO IW c; \''TT' r. T !l ~·;·~,. ) ·:rTSSI iN
1U...L T l<I' L S I ;, TIC ~H I?'IC:J P L COUT T , '~T Gl!T l ·r ·J..~--F\~' '..n 'I Y~6~;
13E I T OHI). Ii.:E D BY T!Uo C ITY COUN"':I L \"" .!C -rT
.OLO •{I\DO :
S ec ion 1 . S •ct i on l P-.7-1 ent:it.l ·~"Ju ry rJ.a l ~-.'c:ni ·v ,
is hereby ."\me>nrled to rei:\d as f ollows :
In a ll trL'l l <; j n the t~un icip~·.l c our1, wl<•u;ei~ <). defen -
dant sha ll have the r igh t to trj ~l by j u ry . S uch def en -
dant may demRn ct a j ury a t <1 ny tim<> t e n (1 0 ) days before
his c ase is schedule d for trial , whi.c:h <;h<~l l con sist of
six (oj~s or a s maller numu e r not le ss than three
(3 ) if the same be a greed u pon ny th e C i t y At torney and
he defendan t, a nd t hcr c upor : th e j u dge sha ll is s ue a
venir e for the ju r y, direct ed to anv person a u t hori zed
to se r v e writs or other proc ss iss ue d by s a i ti c our~,
wh i ch shall be s ubst a n ti a lly in t he f ollowi n g f o r m :
Sta te of C olorado
C ounty oi Arapahoe ss .
Ci ty of Eng l ewood
The Pe ople of the C ity of Englewood, Stiltc of Colo r ~do ,
to
<Jreeting:
\·Je c o mm and you t.o summon p•~rc;on !' of th
C ity of E ngle wood , State o f Color ado , to appear before
me at , on the
day of , 1 9 ____ _
who are n o t of kin to d~fc nc:l..'\nt,
to make a j ur y between-the City o E ngl ewood , -1 a te of
C ol o rado, a n d said de fe ndan , in a plco:~ of nnt <Jui l ty
tC' a •:harge o f a viola ion of iH cha rter or c o de or
onP or mo re o rdinance s of thP said ci ty: 6cca u se h,
s ai d defencJ..:mt has c!e mand.ed tri al h v j ur y ; a nd h ave you
then a nd there tho n an·~ of th ~ i urv a n d th i s •rrit .
Witness my h and and seal , this ~~v of
19
.Juc!CJ" of '! ~·
Jntr odu cec , l'P< d i. full , t lll par;o:;1• . n .. !" i r t n, l ing on
th e lC)70 .
.;
t\S f or , n l r r1: l t. ~]
of
,I
continu d
I •
f
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ATTEST:
C itv' Cle rk -Treas u r~r
I, S t ephen A . Lyon, do hereby certify that the a bove and
foregoing is a true , accurate and complete copy of a Bill for
an Ordinance introduced, read in ful and passed on first
reading on the / / 'zr day of /cf_ V d ' , 1970 . /
I ".////I J ) /I v.:-6) )
City Cl e rk-Tre a surer
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f
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C'/0-
0_._~/.'-
/_ (' (' ·~
I NTRODUCED AS A BILL BY COUNCILMAN,re:>~~~'~~-=~-~<~-/~~c~----------
r:;;r-c/
A BILL FOR ~
\.
AN ORD I NAN CE AMEN DI NG SECTION 18 .7-1 OF THE l\1UNICIPAL d:mE OF
THE CITY OF ENGLE ~'100D , CCLORADO BY GRAN TI NG TO DEFE NDANTS \..::W • _-,
ALL T RI ALS I N THE MUNICIPAL COURT A RIGHT TO TRIAL BY JURY .' 00 '
(q
BE IT ORDA I NE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEloJOOD, COL ORADO :
S ect i on 1 . Sect ion 1 8 .7-1 en titled "Jury Trials -Venire ,"
i s hereby a mended to r ead as f ollows :
I n a ll tr i a l s in th e municipa l court , wRe~eiR a defen-
dant shall h a ve t he r i ght to trial by jury . S u ch defen -
dant may demand a jury a t any time ten (10) days before
his case is schedul ed f or tria l, v;hich shall consist of
s i x (6) jurors or a smaller number n ot less than three
(3) if the same be agreed upon by the City Attorney and
the defendant , and thereupon the judge sha ll issue a
venire f o r the j ury , directed to any pers on authori z ed
to serve writs or other p rocess issued by said court ,
vrhich shall be s u bstant i a lly in the f ollowing form :
State o f Color ado
Count y o f Arapah o e ss .
City o f Englewoo d
The Peo ple of the City of Englewood , State of Colorado ,
t o
greeting :
We command you to summon ers ons of the
City of Englewood , State of Colorado, t o appear before
me at , on the
-:-----day o f , 19 ,
who are not of kin to , defendant-,---
t o make a jury between the Ci t y o f Eng lewood , State of
Color ado, and said defendant , in a plea of not guilty
to a charge o f a violation o f the charter or code or
one or mor e or dinance s o f the said city ; becau se the
said defendant has demanded trial by jury; and have you
then and there the names o f the j ury a n d thi s writ .
lv i tness my hand and seal , this day o '..'
19 -----
~~-~~~~~~~~-~--(Seal) Judge o f the Municip al Court .
Intr o d uced , read i n f ull a n d pas s ed on f irst rea ding on
/
the day o f C / u <-2 , 1970 . ,.
Publish ed a s a Bi ll f or an Or d ina nce on the • day
-'-'4""-......... -
o f
l\1ayor
continued
. ,
I • •
.• \ (
I f
'!
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•
ATTEST :
City Clerk-Treasurer
I , Stephen A . Lyon , do hereby certify that the above and
foreg o ing is a true , accurate and complete copy o f a Bill for
an Ordinance inth o uced, read in full and passed on first . . ~/ read~ng on the .,....yYz.&" day of <.....;:a -.«a ~.v , 1970 . ,....._
City Clerk-Treasurer
-2-
I • •
f
•
TO :
FROM :
•
INTER -OFFICE
MEMORANDUM
Stanley H. Dial , City Ma nage r DATE :
Stephen A. Ly on , Di rect or of Finance
Ke lls Wagg oner, Dire ctor of Public Works
SUBJECT : School Cr ossing Sign als Bid
Se al ed b i ds were rece i ved for the purchase of
and support materials to be i nstalled for our
project with the f oll ow i ng re s ults :
Company
(Equ ipme nt)
Part I
J a &l.
<t
Gt
Traffic S~a~. Equipment
school e ros ·\!:1~ i gna l
~Q
(C a ble s )
Pa r k II
(Po les )
Pa rt III
Eagle Signal
Gade s Sa les
Mi ne & Smelter Supply
Ryall El ect'rlc
American Pi pe & Supp l y
Econolite
$21 ,186 .00
841.0 5
8 7 0 .00
$1,01 4.00
$2 ,700 .00
Au tomatic
No Bid
No Bid
Part IV
Descrlption Mine & Smelter Ryall Electri c Ga des Sa les
Item 1
Item 2
Item 3
Item 4
Item 5
Conduit
Ells
#14 Strand Wire
Belden Wi re #8719
3/8" Span Wire
828.00
62.00
2 6 0 .00
No Bid
50 . 0
756 .00
2 70 .00
2 5 2 .00
No Bid
56 .00
67 .20
Funds budgeted for th i s project ar $2 , 86 .00 i n Public Impro vement
Account No. 3000.14-18 .07 .
Recommend the equ i pment in amount of 21 , . 0 for P rt I be purchaeed
from Eagle Signal Co . Rec ommend the c b le ter .al i n Park II for
$841.05 be purchased from Gades Sales Co . R commend the pole for
$2 ,700 .00 be purchased from Am ric n Pipe and Supply Co . Recommend
the materi als needed in Part IV (It m 1-5 ) be purchased from lo s
bidder for each item from Mine & Sm lt r Sup ly , Ryall Electr ic Co .,
a nd Gades S tles .
The lowest b ids for items 1-5 w11
bid s for all four (4) part will to
0 1 1 ,187 .60 .
1 $:?5 , . 65 .
Tot.al o f lowe st
-----
,
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Stanley H. Dial
Page 2
J a nua ry 3 0 , 1970
•
There will be costs 1nvolved ~n the installation of this p r oject also .
'I'he cost to instal l p ol es by sub-contr a ctor and equ i pment rental, a ddi-
tion al mi scellaneous materials i s esti mated at $2,000 .00 a ddit i onal
cost. The cost of tota l mater ial s, equ ipmen t a nd sub-c on t r acto r is
projected to cos t $2 7,914.65 .
Director of Finance Director of Publ ic Works
• •
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.. .
ENGLEWOOD . C OL OR ADO a a 1 1 a
0,:.~~':,:; February 2 . 1970
II'UIUC wo••s
UOO SOUTH UATI SJIUf
PMONI 761 1l.t0
Mr. Ed Haas
Di strict En gineer
Di s tr ic t No. 6
2000 South Holly
Denv r , Colorado
Dear Mr . Haa
Th r hav b n veral discussio ns in past years about th
inad quat drainag fa ility on South Federal Blvd . just north
of West B 11 Av nu e; and , no w that the Colorado De par t me nt
of Highway plan to improve F e deral . I feel that it is an
opportun tim to impro ve the drainage apabiliti s.
At th hearing h ld by t h Hi ghway Department co ncerning t h e
improv e m nt . you st ated that if other interested parties would
participat you w r e cert ain the Highway Depa rtm nt wou ld b e
willing to participate and wo uld fu r n i sh the e ngineering n cessary
to design the drainag e facility. Th erefor . I have co n tacte d
Mr . Lo ran E . Clarida , ow n er of Ce nt ennial Shopping C nt e r . and
Arapah oe County and hav e verbal c ommitm nts of $10.000 each
for participation in the drainage . Mr . Clarida would also
gi ve an asemcnt across hi s property and states that the est at e
of lr. Williams will give an a em nt lor drainage from the
Shopping C nt r property to the riv r .
Th C1ty oun il of Engl wood has not b n approa hed with the
id •a ye , but Mr. Dial , City Manager . will try td get a firm
commitm nt o n Monday night . Feb . 2, 1970 . He :teels confident
that b caus of the other in t r s t shown , th Coun i 1 wi 11 be
willing to participat 1n an qual s har ($10.000) in the
dra1nag in lallation.
I hav atta h d h r eto an a rial phot hhowing t~ approximate
location of lh propos d in tallation. I would guo s that th
pip would hav to b approximat ely 60 1n h s in d1am ter.
CARNAl/ON C ITY "
I
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Ed Haase
February 2 , 1970
Page 2
•
Maybe a smaller size line could be installed in Federal to pick
up some of the bubblers that are existing a t this time.
When you need firm commitments please let me know and I will
approach the parties involved .
Sincerely,
;t;;_L, ~; L -~-J-
Kells Waggoner
-......_
Director of Public Works
KW:pd
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