HomeMy WebLinkAbout1970-05-04 (Regular) Meeting Agenda Packet. -<
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_May 4, 1970, Regular city
Council Meeting
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AGENDA FOR
REGUlAR COUNC IL SESSION
MAY 4, 1970
8 :00 P.M. Call to order, invocation by the Rev. Bruce G. Currier of the
Hampden Hills Baptist Church, pledge of allegiance led by Boy
Scout 153 , a nd roll call .
1. Mi nutes .
(a) Regu lar meeting of Ap ril 20 , 1970. (Copies trans-
mitted h erewith. )
2. Pre-schedul ed citizen s a nd visitor s.
(a) Re cognition of "special guests" of the Council.
(b) Mr. Jack H . Mankin, Attorney, representing owners
of th e Peanut Ba r re l, In c ., wi ll be present to request
permission to incorporate under the name of Holly
South.
3. Recess for Student Government-City Council meeting.
(Age nda tra n s mitted h erewith .)
4 . Communications.
1./(a ) Minutes of the Planning and Zoning Commission
meeting of March 31, 1970 . (Copies transmitted
herewith.)
./(b) Minutes of the Planning and Zoning Commission
meeting of April 21, 1970. (Copi es will be available
at a later date. )
(1) Memorandum recomm e nding the vacation of
a portion of West Tufts Avenue in Ce ntennial
Park.
(2) Memorandum r ecommending the annexation
of the property to the west of Belleview P ark,
commonly known as the Herndon property,
recentl y purc hased by the City.
(c) Mi nu tes of the Water a nd Sewer Board meeting of
April 21, 1970. (Copies transmitted herewith.)
(1) 1\lemorandum rec ommending the amend -
ment of the Co nnector's Agreement of
t he Greenbelt Sanitation District.
(2) Memora ndum recommending the inclusion
of additional lands into t he Greenbelt Sani-
tation District.
(3) Memorandum recommending the writing of
a l etter of int.ent to Celebrity Homes, Inc.
ad vising that the Cit will consider Including
an additional 160 acres into the Southgate
Sa ni tation District presently being served by
the City.
(4) Memorandum recommending the revision of
water tap assessment11. (Resolution Is in-
cluded with the mi nu tes.)
-(d) Memorandum dated April 2 , 1970 , from the Water
a nd wer Board recommending the purchase of
eight shares (inches) of McBroom Oith Water Rights.
(Continu d)
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AGENDA FOR REGULAR COUNCIL SESSION
MAY 4, 1970
Page 2
4. Communications. (Continued)
L (e) Minutes of the Publi c Library Board meeting of
April 14, 1970. (Copies transmitted herewith.)
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.. (f) Minutes of the Board of Adjustments and Appeals
meeting of March 11, 1970. (Copies transmitted
herewith.)
5. City Attorney.
(a) Ordinance on final reading amending the Municipal
Code provisions for veterans' preference points
for City employees. (Copies previously trans-
mitted.)
(b) Ordinance on final reading authorizing the sale of
the City's Interest in certain real property to the
the Englewood School District No. 1. (Copies
previously transmitted.}
(c) Ordinance on final reading awarding contracts for
construction of improvements on Hampden Place
between South Ghero){ee Street and South Elati
Street, (Copies previously transmitted. )
(d) Ordinance on final reading amending the Model
Traffic Code to restrict the parking of certain
vehicles in excess of three-quarters of a ton.
(Copies previously transmitted.)
(e) Attorney's choice.
6. City Manager.
(a) Report on bids for construction of a sewage lift
station.
Report on assessment objection of Mr. Joyce
Williams.
Repq street light at the alley on East Man-
ed Avenue between South Grant Elreet and
South Logan Street.
(d) Paving District No. 19.
(1) Review of the construction bids and con-
sideration of the award.
'~) Review of the bond bids. (Copies trans-
mitted herewith. )
~(3) Consideration of a Bill for an Ordinance
for selling Paving Distri ct No . 19 bonds .
(Cop! s transmitted herewith.)
(e ) 1an g r's c holc •
7 . R cognition of non-c hedul d clhz n a nd visitors.
( o nt nued )
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AGENDA FOR REGULAR COUNCIL SESSION
MAY 4, 1970
Page3
8 . General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
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STANLEY H. DIAL
City Manager
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OFFICIAL
CITY CO UNC I L DOC U M ENT
SERIES OF 19f6''J'"1t l TO /.-:"" RESOLUTION NO·--~-~-~~~-----
MAY 4 '70
A RESOLUTION REVISING WATER TAP ASSESSMENTS e 8e~~~~B~~Mt~
THE CITY OF ENGLEWOOD, COLORADO, IN ACCORDANCE WITH B¥( ~!N6f~woo>t9Ei:!oLO
CITY OF ENGLEWOOD, COLORADO. ' .
WHEREAS, by action of the City council of the City of Englewood,
Colorado, certain water tap assessments for industrially zoned propert i es,
inside the corporate l imits of the City of Englewood, Colorado, were es-
tablished, at a regular session, held December 16. 1957 . and amended at
a regular sess i on, held October 20 . 1 958; and
WHEREAS, by action of the City Council of the City of Englewood,
Colorado, certain water tap assessments for residentially and commercially
zoned pr o per tie s, inside the corporate limits of the City of Englewood,
Colorado, were establish ed, a t a regular session, held October 20, 1958 ;
and
WHEREAS, by action of the City Council of the City of Englewood,
Colorado, certain water tap assessments for users outside the City of
Englewood , Colorado, were eataalished, at a regular session held Sept-
ember 3. 1968 ; and
WHEREAS, it has been determined that certain changes are neces-
sary to pro vide additional revenue for water main i nstallation and water
treatment plan t capital improvements;
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, as follows:
Section 1. Water tap assessments for taps inside the corpora t e
limits of the City of Englewood, Colorado, established December 16. 1957
and October 20, 1958, be revised, as follows:
WATER TAP ASSESSMENTS
INSIDE CITY
Effective '-?:.a<r 4
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1 197.£.._
AVAILABILITY: Available to users taki n g Englewood water serv ice inside
the corporate l i mi ts o f t he City of Englewood, Colorado.
APPLICABILITY: Applicable for res i dential . commercia l and industrial
service , when water mains . regardless of size, are owned
by t he City of Englewood, except when other charges are
i n effect by specific contract; or ex i sting water im-
provement districts.
SCHEDULE I -Water Tap Assessments for RESIDENTIAL AND COMMERCIAL PROPERTIES
A. Front Foot Basis:
$5.25 Per Fron t Foot (Applicable on each fr o nt foot of regularly
shaped pr operties 125 feet i n depth).
B. Square Foot Basis:
$0.042 Per Square Foo t (Applicable on each squa re foot of pro perty
i rregular or odd, under or o vers i ze i n shape) .
The minimum tap assessment for any one tap i n a residential o r c ommer cial
z o n e shall be $200.00.
FOR RESIDENTIAL OR COMMERCIAL PROPERTIES WITH IMPROVEMENTS, additional
assessment w il l be c harged . computed on the basis of gross square footage
(exterior d i mensions of the structure or structures) of each level, in-
cluding the first leve l . at $0.042 per square foot. (This charge is i n
addition to the $200.00 minimum wh n said minimum is applicable).
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In the case of new residential or commercial construction on property
previously connected to the City water system and upon which a previous
water tap assessment has been paid, the previous assessment shall be
honored for the Tract of land; and subsequent improvements will be charged
as outlined in the preceding paragraph.
SCHEDULE II -Water Tap Assessment s f or INDUSTRIAL PROPERTIES
A. Acreage Basis:
Rate Per Acre
Total Acreage For Connections Rates For Larger connections
In Tract 2 Inch or Smaller 3" 4" 6" 8" 1~
1 Acre $1,394 > > > > >
Next 2 Acres $1.045 ~ ~ ~ ~ ~
~ ~ ~ ~ ~ Next 2 Acres $ 697
Next 5 Acres $ 348 ~ ~ ~ ~ ~
* * ~ 0 ~ Next 5 Acres $ 174 * ~ ~ All over 15 $ 44 0 0 ~ ~ ~
0 0 0
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: : ~ ~ 00 :
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Less than one (1) acre will be prorated at $.032 per square foot.
The minimum water tap assessment for any one tap in an industrial zone shall
be $200.
FOR INDUSTRIAL PROPERTIES WITH IMPROVEMENTS, additional assessment will be
charged, computed on the basis of gross square footage (exterior dimensions
of the structure or structures) of each level including the first level,
at $0.042 per square foot. (This charge is in addition to the $200 minimum
when said minimum is applicable).
In the case of new industrial construction on property previously connected
to the City water system and upon which a previous water tap assessment has
been paid, the previous assessment shall be honored for the Tract of land ;
and subsequent improvements will be charged as outlined in the preceding
paragraph.
~HE FOLLOWING EXCEPTIONS SHALL APPLY:
A. In cases where a residence exists in an industrial zone, the owner
may elect to pay the assessment only on that portion o f his land which
is normally u~ed as a residential site; and when request is made for
water taps for any of the balance of his land, the currently effective
ra te schedule and provisio ns shall apply for each additional water tap.
B. In cases , in any zone, where lots or tracts are of sufficient depth to
enable the owner to divide each lo t or tract i nto approximately equal
par t s by means of a stree t or alley dedication or otherwise and in
acco rdance with then existing zoning regulations, the assessment will
i nclude and cover on ly one such part of the original depth; and other
assessments will be required for any other parts of the lot or tract at
such time as any water tapa are requested for same.
C. In cases. in any z one. whe re an owner has suffic i en t land or pla tted
lots adjacent to the premises in which the structure is located or
planned to be located that would comprise one or more additional build-
ing sites in accordance with then existing zoning regulat ions, the
owner may elect t o apply and pay the water tap assessmen t for only one
building site at a time.
GENERAL PROVISIONS:
1. All water tap assessment charges shall be paid in full amount to
the City of Englewood Utilities Department at the time of appl ication for
water tap.
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2. The owner or applicant shall provide the Utilities Department
with the correct legal description of the lot or tract for which water
service is requested, and such information shall be shown in all applicable
records of the Utilities Department as well as upon the receipt to the
applicant. In cases covering industrially zoned lands, the exact amount
of acreage involved shall also be a part of the recorded information.
3. In all cases not covered above, the Director of Utilities shall
determine and use the requ i rement most aearly applicable to the case,
and most equitable for both the City and the property owner.
Schedule 2. Water tap assessments for taps outside the corporate
limits of the City of Englewood, Colorado, established September 3 , 1968 .
be revised, as follows:
AVAILABILITY:
OUTSIDE CITY
Effective tlt1Ay 4 . 197Q_
Available to users taking water service outside the cor-
p o rate limits of the City of Englewood, Colorado.
APPLICABILITY: Applicable for residential, commercial and industrial
service. when individual users. and non-profit users
associations desire water service outside the corporate
limits of the City of Englewood, Colorado.
SCHEDULE I -Water Tap Assessments for RESIDENTIAL AND COMMERCIAL PROPERTIES
is 150% of similar service, regardless of basis of computation, within the
corporate limits of the City of Englewood, Colorado.
SCHEDULE II -Water Tap Assessments for INDUSTRIAL PROPERTIES is 150% of
similar service, regardless of basis of computations, with~n the cor-
porate limits of the City of Englewood, Colorado.
The same exceptions and general provisions apply as are in effect for in-
aide City assessments.
Introduced and adopted by City Council of the City of Englewood.
Colorado at a /1?'<,;:?4 • session held ?2::"4;< <( 197_Q_.
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ATTEST:
I, t / , / , , • f '' . '• > • City Clerk-Treasurer of the City of Englewood,
Colorado , do hereby cer ti fy that the above and foregoing is a true, accurate
and complete copy of a resolution passed b y the City Council of the City
o f Englewood . on the 'x:y _/,, (, day of Jl O·j · , 197...L,_.
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INTRODUCED AS A BILL BY COUNCILMAN ·~)' E'o 7!!·} ' ': %-1 (
}-0rv. . ) 00 BY AUTHORITY o.<-C'1 ~. ·1t~
ORDINANCE NO. /2-, SERIES OF ~74 . 70 ll.t.>-0 <. <~''tilt
j..z...P. G
AN ORDINANCE AMENDING SECTION 6. 7-15 ENTITLED "VETERAN ~o .<;,<
PREFERE NCE , SUBSECTION (b) PERIODS OF SERVICE" OF THE ·c-ot
MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY Q
CONFORMING SAID ORDI NAN CE TO THE PROVISIONS OF ARTICLE
XII, SE CTIO N 14, CONSTITUTION OF THE STATE OF COLORADO.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENGLE-
WOOD, COLORADO:
Section l. That Section 6.7-15 (b) of the Municipal
Cod e of the City of En g l e wood is here b y amended to read as
follows :
Section 6.7 -15 (b) -PERIODS OF SERVICE
The Periods of War for which point s are added includ e :
The Period of the Spanish-American War ; the Period of the
Ph illipine Insurrection; the Period from April 6, 1917 to
Novembe r ll, 191 8, both inclusive; the Period from De c ember 7,
1941 to April 28, 1952, both inclus ive; the p eriod o f any war
in which the United State s may h ereafter engage .
The Arm e d Force s above referred to are the United States
Army, the United States Navy, the United States Air Force,
and the United State s Marine Corps; and shall include tho se
who served in the United State s Coast Guard durin g the p eriod
commencing December 7, 1941 and ending April 28, 1952, both
dates inclusive,a nd any f uture war in which said Guard s h all
be actively engaged.
Introduc e d, read in full and passed on firs t reading on
the .~1) day of C~a& k , 1970.
~bli s h e d as a Bill for an Ordinance on the
of c'-tje<' J, e' , 1970.
';;:: day
Read by title and pa ssed on final reading on the -;/~
d ay of '-/ ''?::?< , 1970 .
Publi s h ed by titl e as Ordinance No. / .;_' , Series of
1970, on the ___ · __ day of 'J?/a:>/" 1970.
)/z lt<·ily~ ~~.~{•
Mayor
Att st : ---
I, St ph n A. Lyon, do h reby c e rtify tha t the above and
for goin is a tru , accurat and complete copy of an Ordinance
pa ss d on final r adin and published by titl e as Ordinance
o . , Seri s of 1970 .
Attest : • •
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COL ORADO
MAY 4 , 1970
REGULAR MEETING:
The City Council of the City of Englewood , Arapahoe
County, Color ado, met in r egul ar sess~on on Ma y 4 , 1970 at 8:00
P .M.
Mayor Schwab, pre siding, called the meeting to order.
The invocation was given by Reverend Bruce G. Currier
of the Hampden Hills Baptist Church . Pledge of Allegiance was
led by Mayor Schwab.
The Ma yor ask ed for roll c all. Upon the cal l of the
roll , the following were present:
Councilmen Brown , Dhority , Lay, Lone, Senti , Schwab .
Absent: Councilman Kreiling.
The Ma yor declared a quorum present .
Also present were: City Manager Dia l,
City Attorney Berardini ,
City Clerk Lyon .
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COUNCIL MA N DHORIT Y MOVED, COUNCILMAN SENTI SECONDED,
THAT THE MINUTES OF THE APRIL 20, 1970 REGULAR MEETING BE
APPROVED AS READ. Upon the call of the roll, the vote re su lted
as follows:
Schwab.
Ayes: Councilmen Brown, Dhority , Lay, Lone , Senti,
Nays: None.
Absent: Councilma n Kreiling .
Th e Ma yor declared the motion c arried .
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Ma yor Schwab recognized Mr. and Mrs. Robert E. McVa y ,
3462 South Grant S reet, and Mrs. William H. Triggs , 4300 South
Jason Street , from the list of "Speci al Citizen Program Invitees ."
Ma yor Schwab also recogn~zed Mr s . Bernard V. Berardini
and family .
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Mr. Todd Baker, reprcsent~ng Mr . Jerry Sturm of the
Peanut Barrel, 3535 South Huron , appeared before Ci y Council.
Mr. Baker indicated tha lh Peanu Barrel restaurant was 98
per cent completed~ however, ~t had not received a Certificate
of Occupancy because they did no have a C02 extinguisher and
the parking lot was not paved. Mr. Baker stated that the Tri-
County Heal h had approved the fac~l~ty, and he presented the
approval of Tri-Co n y.
City Council discussed th op ning of the Peanut Barrel
with Mr. Bak r. • •
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Mr . Jerry Sturm, 3184 Edgemore Drive, appeared before
City Coun cil conc erning the opening of the Peanut Barre l .
COUNCILMAN J~Y MOVED , COUNCILMAN DHORITY SE CO NDED, THAT
THE $5,000 CASH BOND POSTE D BY MR. STURM BE RETAINED UNTIL THE
RESTAURANT IS OPENED FO R BUSINESS AND THE LIQUOR LICENSE GRANTED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown , Dh ority , Lay, Lone, Senti.
Nays: Ma yor S c hwab .
Abs ent : Councilma n Kreiling .
The Ma y o r d ec lared th e motion c arried.
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Ma yor Schwab called f o r a rece ss at 8:25 P.M . for
the h olding of the Stud e n t City Counci l sess i on . Council recon-
ven e d at 9:20 P .M. Upon the c all o f th e roll, the following were
pre sent:
Counc ilmen Brown , Dho rity , Lay , Lone , Senti, S chwab.
Absent: Councilman Kreiling.
The Mayor declared a q uorum present .
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The minutes of the Planning and Zo ning Commission meetings
of March 31, 1970 and Ap ril 21 , 1970 were received for the r ecord .
Two memorandums were a t a ched to t he April 21, 1970 minutes.
Introduced as a Bill by Counc i lman Lay and read in full,
A BILL F OR
AN ORDINA NCE VACA T ING WEST TUFTS AVENUE PRES EN TLY EXIST-
ING WITHIN CENTENNIAL PARK LYIN G EAST OF SOUTH DECATUR STREET
AND IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 5 SOUTH , RANGE 6 8 WEST OF THE 6TH P.M. WITHIN THE CITY
OF ENGLEWOOD, STATE OF COLORADO .
COUNCILMAN LAY MOVED , COUNCILMAN DHORITY SECONDED , THAT
THE PROPOSE D BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND
PUBLISHED IN FULL IN TH E EN GL EWOOD HERALD AND ENTERPRISE . Upon
t he c a ll of the roll, the vote resulted as follows :
S chwab.
Aye s: Co uncilmen Brown , Dhor ity , Lay , Lone, Senti,
Nays : No n e .
Absen Councilman Kr eiling.
The Ma yor dec l a red the mo t ion c a rried .
COUNCILMA N LAY MOVED, COUNCILMAN DHOR I TY SECONDED, THAT
THE RE COMMENDAT I ON OF THE PLANNI NG AND ZONING COMM I SSION THAT THE
PORTION OF ENGL EWOOD -BE LLEVI EW PARK CO MM ONLY KNOWN AS THE HERNDON
PROPERTY BE ANNE XED BE APPRO VED AND THAT TH E CITY ATTORNEY BE
AUTHORIZE D TO DRAW UP THE NE CES SARY ANNEXATION PAPERS . Upon t he
c a ll of the rol l, the vote res ul ed a s fol lows:
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Schwab .
Ayes: Councilmen Brown, Dhori ty , L ay , Lone, Senti,
Nays : None.
Absent: Councilman Kre iling.
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The minutes of the Water and S e we r Board meeting of
April 21, 1970 with five memorandums at t ached were received for
the r ecord .
Mr. Charles B . Ca rroll , Di rector of Utilities , appeared
b e f o r e City Council an d sta ed th a t the recent Connector 's Agree -
ment with the Greenbelt Sanitation District contained an error
in the legal description and recommended that the City Council
approve a new Connector's Agreeme nt containing the correct
description.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE CONNECTOR 'S AGREEMENT WITH GREENBELT SANITATION DISTRICT BE
APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO
EXECUTE THE NECESSARY PAPERS. Upon the c all of the roll , the
vote resulted as follows :
Schwab .
Ayes : Councilmen Brown , Dhority , Lay, Lone, Senti,
Nays : None .
Absent: Counci lman Kreiling.
Th e Ma yor declared the motion carried.
Mr . Ch a rles B . Carroll , Director of Utilities , appeared
before City Council in regard to the recommenda tion that addition al
lands be included in the Greenbelt Sanitation District. Mr. Ca rroll
indicated the area which would be included within the Greenbelt
Sanitation Di strict and stated that approximately 30 acres were
in the area.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION CONCERNING THE INCLUSION OF AD DITIONAL LANDS
INTO THE GREENBELT SANITATION DISTRICT BE APPROVED AND THAT THE
MAYOR AND CITY CLERK BE AUTHORIZED TO EXE CUTE THE NECESSARY DOC U-
MENTS . Upon the c all of the roll , he vote resulted as follows:
Schwab .
Aye s: Councilme n Brown , Dhority , Lay , Lone , Senti ,
Nays : Non e .
Absent: Councilman Kreiling .
The Ma yor declared the motion c arr~ed .
Mr. Ch arl es B. Carroll , Director of Utilities, appeared
before City Council in regard to the memorandum recommending th at
a letter of intent be wr~tten to Celebrity Homes, Inc. advis i ng
hem th a t the City would consider the inclusi on of 160 acres
into the Southgate Sanita ~on D~strict.
City Council discussed the recommendation.
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COUNCILMAN DHORITY MOVED , OUNCILMAN S ENTI SECONDED ,
THA T A LETTER OF IN'rENT BE I SSUED TO CELEBRITY HOMES , I NC .
STATING THAT THE CITY INTENDS TO LNCLUD E AN AD DIT I ONAL 160 ACRES
I N THE SOUTHGATE SANITATION DIS1'R ICT . Up on the c all of the roll,
the vote resulted as follows:
Schwab .
Ayes: Councilmen Brown , Dhority , Lay , Lone, Senti,
Nays: None.
Absen Councilman Kreiling .
The Mayor declared the motion c a rried .
Mr. Charles B. Carroll , Director of U ilities , appeared
before City Council and discussed the recommendation regarding
revisions to wa er ap assessments .
RESOLUTION NO . 13 , SERIES OF 1970
A RESOLUTION REVISING WATER TAP ASSESSMENTS INSIDE AND
OUTSIDE THE CITY OF ENGL EWOOD, COLO RADO, IN ACCO RDANCE WITH THE
MUN ICIPAL CODE , CITY OF EN GLEWOOD , COL ORADO .
(Copied in full in the offici al Resol ution Book .)
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT RESOLUTION NO . 13, SERIES OF 1970 BE ADOPTED AND APPROVED .
Upon the c all of the roll, the vote resulted a s follows:
Schwab .
Aye s: Councilmen Brown, Dhority , L a y , Lone, Senti,
Nays: None.
Absen Counci lman Kr eil~ng.
The Mayor decl a red he motion c arr
Mr. lCharles B . Carroll , Director of Utilities , a ppea red
before Ci y Council a nd discussed he recommendation concerning
the purch a se of eight shares (inches) of Mc Broom Ditch Wa ter
Righ s. Mr. Carroll sta ted that Mr. Ma rk Shivers , a ttorn ey for
the Water an d S ewer Board , indic ated that the City should protect
its rights in Mc Broom Ditch and stated that Mr . Dial, City Ma nager ,
had recommended h a t the Mc Broom Di ch righ s be preserved and
that eight shares as proposed be p urchased.
COUNCI LMAN LAY MOVED, COUNCILMAN SENTI SECONDED , THAT
THE RECO MMENDATION THAT E IGHT SHA RES OF MCBR OOM DITCH WATER RIGHTS
BE PURC HASED BE APPROVED . Upon the c al l of the ro ll, t he vote
resulted as follows:
Schwab .
Ay es : Councilmen Brown , Dhority , Lay , Lone , Senti ,
Nays: None.
Absent: Councilman Kr 1l1ng .
The Mayor decl ar ~d he mot~on ar ~ed.
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The minu es o f the Public Library Board meeting of
April 14, 1970 we re r eceived for the record.
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The minut e s of the Board of Adjustment s and Appeals
meeting of March 11, 1970 were received for the record.
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Counci lman Lay left the Council Chambers at 9:55 P .M.
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BY AUTHORITY
ORDINANC E NO . 12, SERIES OF 1970
AN ORDINANCE AMENDING SECTION 6.7-15 ENTITLED "VETERAN'S
PREFERENCE, SUBSECTION (b) PERIODS OF SERVICE" OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY CONFORMING SAID
ORDINANCE TO THE PROVISIONS OF ARTICLE XII, SECTION 14 , CONSTITUTION
OF THE STATE OF COLORADO .
(Copied in full in the official Ordinance Book .)
COUNCILMAN LONE MO VED , COUNCILMAN DHORITY SECONDED,
THAT ORDINANCE NO . 12, SERIES OF 1970 BE PASSED ON FINAL READING
AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the c all of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Lone, Senti, Schwab.
Nays: None.
Absent: Coun cilmen Lay, Kreiling.
The Mayor declared the motion carried .
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BY AUTHOR ITY
ORDINANCE NO . 13, SERIES OF 1970
AN ORDINAN CE AUTHORIZING THE SALE OF THE CITY 'S INTEREST
IN REAL PROPERTY TO THE ENGLEWOOD SCHOOL DISTRICT NO . 1.
(Copied in full in the official Ordinance Book.)
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED,
THAT ORDINANCE NO . 13 , SERIES OF 1970 BE PASSED ON FINAL READING
AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND
ENTERPRISE . Upon the call of the roll , the vote resulted as
follows:
Ayes: Councilmen Brown , Dhority , Lone, Senti , Schwab .
Nays: None.
Absent: Councilmen Lay, Kreiling.
The Mayor declared the mo tion carried.
* * * * * *
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BY AUTHORITY
ORDINANCE NO. 14, SERIES OF 1970
AN ORDINANCE AWARDING CONTRA CTS FOR CONSTRUCTION OF
IMPROVEMENTS ON HAMPDE N PLA CE BETWEEN SOUTH CHEROKEE AND SOUTH
ELATI CONSISTING OF CONCRETE AND PAVING, TO J & N CONCRETE CO.
AND TO PETER KIEWIT SONS' CO.
(Cop ied in fu ll i n the official Ordinance Book.)
COUN CILMA N DHORITY MOVED, COUNCILMAN LONE SECONDED ,
THAT ORDI NANCE NO . 1 4, SERIES OF 19 7 0 BE PASSED ON FINAL READIN G
AND ORDERE D PUBL ISHED BY T ITLE IN THE ENGLEWOOD HERALD AND
ENTER PR I S E . Up o n the cal l of the roll, the vote resulted as
follows :
Ayes : Councilmen Brown, Dho rity , Lone, Senti, Schwab.
Na ys : No n e .
Abs e n t : Counc ilmen L a y , Krei li ng .
The Mayor d e clare d the mo t ion c a r r ied.
******
The City Council discuss e d t h e bill for an ordinance
amending the Model Traffic Code conc erning the parking of large
mobile equipment upon the City of Englewood streets.
City Attorney Berardini indicated that subparagraphs
(b) and (c) should be deleted as they were covered in another
ch apter of the City Code.
Introduced as a Bill b y Co uncilman Bro wn an d rea d i n ful l ,
A BILL FOR
AN ORDINANCE AMENDING "THE MODEL TRAFFIC CODE", CHAPTER
2 5 .1 ENT I TLED "TRAFFIC AND MOTOR VEHICLES " OF THE MUNICIPAL CODE
OF THE CI TY OF ENGLEWOOD, BY ADDING A NEW SEC TION THERETO RESTRICT-
ING PARKING OF SPECIAL MOBILE EQUIPMENT, TRAILERS, .TRUCKS, AND
COMMERCIAL VEHI CLES WITHIN ANY RESIDENTIALLY ZONED AREA OF THE
CITY OF ENGLEWOOD.
COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT
THE PROPOSED BILL FOR AN ORDINANCE BE AMENDED TO DELETE SUBSECTIONS
(b) AND (c) AND THAT IT BE PASSED ON FIRST READING AS AN AMENDED
BILL FOR AN ORDINANCE AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE . Upon the c all of the roll, the
vote resulted as follows:
Ay e s: Co u n ci lme n Bro wn , Dhority , Lone, Sen t i, S c hwab.
Nays: Non e .
Absent : Councilmen L a y , Kreiling .
The Ma yor declared the motion c a rr i ed.
******
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Councilman Kreiling entered the Council Chambers a t
10 :07 P .M. and took his sea with Council.
* * * + * *
City Attorney Bera rd ini indicated that the Director of
Finance requested that quiet title action b e instituted on three
parcels of property th at had been a c quired through tax deed during
1969.
Director of Finance Lyon appeared before City Council
and explained he loca ion of the three parcel s .
COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED , THAT
THE CITY ATTORNEY BE AUTHORIZED TO INSTITUTE QUIET TITLE ACTION
ON THE THREE PARCELS OF PROPERTY A QUIRED BY TAX DEED DURING 1969.
Upon the call of the roll , the vote resulted as follows :
Schwab.
Ayes: Councilmen Brown , Dhority , Kreiling , Lone, Senti ,
Nays: None.
Absent : Councilman Lay.
The Mayor declared the motion carried .
* * * * * *
City Manager Dial sta ed that the City Council should
declare a study session for Ma y 11 , 1970 at 7:30 P .M. to discuss
such items as storm sewer financing , storm dra inage , employees '
salaries, a city forester, raffic engineering study , and other
matters.
* * * * * 7
City Manager Dial reviewed the bids received for a lift
station to be consLructed in conjunction with the Servicenter .
Mr. Dial stated that the low bid had been th a t of Robert Dougan
Construction Company in the amount of $6 ,300. Mr. Dial stated
that the DirecLor of Public Works believed tha t the cost was
excessive and r ecommended award based upon a cost plus basis
under a different cons ruction method. Mr . Dial stated that if
the different construction method was not satisfactory it would
be necessary to revert to the $6,300 low bid.
COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SEC ONDED,
THAT THE CITY AW~~D THE CONSTRUCTION OF A SEWER LIFT STATION TO
ROBERT DOUGAN CONSTRUCTION COMPANY ON A COST PLUS BASIS AND THAT
AT ANY TIME THE COST PLUS BASIS WITH THE CONSTRUCTION METHOD
REQUIRED APPEARED NOT TO BE SATISFACTORY THAT THE CITY REVERT TO
THE CONSTRUCTION OF THE LIFT STATION ON THE BASIS OF THE $6,300
ORIGINAL BID. Upon he call of h roll , the vote resulted as
ollows:
Ayes: Councilmen Brown , Dhority , Kreil~ng , Lone ,
Senti , Schwab .
Nays~ None.
Abs nt: Councilman Lay.
The Mayor eclar d tl ~ mot~on c rrie
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C~ y Manag e r Dial reviewed he b~ds received for the
const ruction of Paving Distri ct No. 19.
COUNC ILMA N LON E MOVE D, COUNC ILMAN BROWN SECONDED , THAT
THE BID OF ASPHALT PAVI NG CO MPANY FOR PAVING DISTRICT NO. 1 9
IN THE AMOUNT OF $333 ,808 .26 BE DEEMED LOWEST AND BEST AND THAT
THE MAYOR AND CITY CLERK BE AUTHORIZ ED TO EXECUTE THE NECESSARY
DO CUMEN TS . Upon the c all of the r oll, the vote resulted as
follows:
Ayes: Councilmen Brown , Dhority , Kreiling , Lo ne ,
Sen i , Schwab .
Na y s : Non e .
Ab s e n t: Counc i lman Lay.
The Mayor declared the motion c ar ried .
* * * * * *
City Manage r Dial rev~ewed the bids received for
Paving Distri ct No. 19 bonds. Mr . Dial stated that the low
b id of Kirchner , Moore and Company at a net effective rate of
6 .32 6 46 p e r cent was the lowest a nd b e s t .
Introduced as a Bill by Councilman Dhority an d re ad in full,
A BILL FOR
AN ORDINANCE A~rHORIZING TH E ISSUANCE OF CITY OF ENGLEWOOD ,
COLORADO, PAVING DISTRICT NO. 19 BONDS; PRESCRIBING THE FORM OF
SAID BONDS, AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE
INTEREST THEREON .
COUNCILMAN DHORITY MO VED , COUNCILMAN SENTI S ECO ND ED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON F IRST READI NG
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the call of the roll, the vo te resulted as follows:
Ayes: Councilmen Brown, Dhori y , Kreil ing, Lone ,
S e nti , Schwab.
Nays: None.
Absen Councilman Lay.
The Ma yor declared the motion c arried.
* * * * *
Councilm an Brown c a lled the Ci y Council's a ttention
to a recent art icle i n the Sou hland News abou .the trouble
c a used b y he pur h as e o f 3 .2 b ee r by young people from an
es ablishment loc a ed on Sou th Broadway in Arapahoe Coun y .
Mr. Brown stated th at thi s was a serious pro blem.
* *
COUNCILMA N KR EILING MOVED, COUNCI LMAN SENTI SECONDED ,
THAT THE MEETING BE ADJOURN ED. Upon the call of the r oll , he
vote res ul ted as follows ~
Ayes: Counc~lmen Brown, Dho ~ y , Kreiling , Lone ,
Sent~, S chwab.
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Nays: None.
Absent: Councilman Lay .
The Mayor declared the motion carried , and the meeting adjourned
at 10:32 P .M.
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INTRODUCED AS A BILL BY COUNCILMAN. ____ ~~~-~~ k·~~~~~·-A_~_,_,c~l~~~ _ _ -J ' N 1< _ (>~ I
J ;'cu""t c ·I ~ ~tv -,. BY Al.JrHORITY
ORDINANCE NO. I 5 SERIESt~~01J!It7z0 /t]
~ c '.;~. tv,...( -., ~ ~.v.·''-'c f:'
AN ORDINANCE At.JrHORIZING THE SALE OF THE CITY'S INTERE~O 11.~
IN REAL PROPERI'Y TO THE ENGLEWOOD SCHOOL DISTRICT NO. l. . Coz 0 _
WHEREAS, th e city o f Englewood has a c quired an interest
to certain unimproved real property hereina f ter described,
by that certain Treasurer's deed dat ed and recorded October 28,
196 9 at Book 1839 at Pag e 11 5 o f the off i c i al records of the
clerk and Recorder o f Arapahoe county , colorado, and ,
WHEREAS , the Englewood School District No. 1 is desirous
o f purchasing the interest held by the city for school pur-
poses and the city is des i rou s o f s ellin g its i nterest in and
to said parc el o f l and to the Englewood School Dis trict No. 1
f or said school purposes ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENG LE WOO D, COLORADO, as f ollows:
Section 1. It is hereby order ed and directed that
th e f ollowing described parcel of land b e sold to the Engle-
wood School District No. 1 f or s chool purposes, f or a total
purchase pr i ce o f six Hundred Dollars ($600.00).
Section 2. That upon the effective date o f this
ordinance the Mayor o f the city o f Englewood is hereby
authorized and directed to execut e a Quit claim Deed to
Englewood School District No. 1, conveying the following
described parcel of property f or school p u rposes, to wit:
The west 6 0 feet o f LOt 28, Block 2,
SOUTHLAWN GARDENS ANNEX, Arapahoe
county, State of colorado
Introduced, read in full and passed on first read ing
on the 20th day o f April, 1970.
Published as a Bill f or an Ord inance on the ~·~3~',_2~~---
day o f ,~ t . .1 , 1970 .
Read by t i tle and passed o n fina l r eading on
""-day o f ~(!?( , 197 0
the
Publ ished by title as Ord i nance No. / 3
o f 19 7 0 on t he ,..1 day o f ) 2 kl!j; , 1970.
, Series
Mayor
ATTEST :
I, Stephen A . Lyon, do hereby certify that the above and
f oreg oing is a true, accurate and complete copy o f an Ordinance
passed on fi nal reading and published by titl e as Ordinance No.
----------------' Series o f 1970 •
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~~' v ~€-'O:~~~DUCED AS A BILL BY COUNCILMAN , / •, 4 , .• 'JI ~ ~ c;'"' '"'' >
0 0 , <0 ~ BY AlJI'HORIJY .-~ 0° ' \J.•\ r. ~''-' o"'()-ORDINANCE NO . Jt SERIES OF 1970 c;~ • .f .:;.v c;
•
\-" . ._' oO· ,,,.,<t-"' -flo
~~~ @RbiNANCE AWARDING CONTRACTS FOR CONSTRUCTION OF IMPROVE-
0 0 S ON HAMPDEN PLACE BETWEEN SOUTH CHEROKEE AND SOlJI'H ~-{ 0 LATI CONSISTING OF CONCRETE AND PAVING , TO J & N CONCRETE
v'-CO . AND TO PETER KIEWIT SONS' CO.
WHEREAS, the City council o f the city o f Englewood
has authorized street improvements for Hampden Place between
S outh cherokee and South Elati Streets and,
WHEREAS , said i mprovements involve the installation of
concrete f or curb and g utter as well as asphaltic concrete
f or street paving o f said area and,
WHEREAS , the lowest and best bi& for said i mprovements
were received f rom J & N Concrete co. and Peter Kiewit Sons'
c o. and,
WHEREAS, said bids are below the engineers' estimates
o f cost,
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as f ollows:
Section 1. That the provisions of the agreement with J &
N concrete co. whereby said company proposes to install to
specification all concrete curb, gutte r, sidewalk and concrete
pan with mesh for a total price of $2,969.30 on west Hampden
Place as designated on drawings submitted by the city Engineer
is hereby accepted and ratified by the city council.
Section 2. That the provisions o f the agreement with
Peter Kiewit sons' co., whereby said company proposes to
excavate, install base course, adjust manhole, apply prime
coat and asphaltic concrete to specifications and as designated
by the city Engi neer f or paving 300 -400 west Hampden Place
f or a total price of $5,088.52 is hereby accepted and ratified
by the city council.
Section 3. That the Mayor and city clerk are hereby
authorized and directed to execute said agreements on behalf
o f the city of Englewood .
Section 4. That the actions of all officers, employees,
and a gents o f the city of Englewood heretofore undertaken
to carry out and fu lfill the purposes of said agreements,
are hereby fu lly accepted, approved and ratified with the
same f orce and effect as if they had been fully accepted,
approved and rati fied by ord inance duly enacted prior to the
date of each and all of such acts.
Introduced, read i n full and passed on first reading on
the ~ ~· day of <jL ',<.__. ( , 1970.
o f
P~blished a s a Bil l f or an Ordinance on the ~~'~'~'-• ___ day rj&•,r / 1 1970 o
Read b y title and passed on fina l reading on the ~
day o f : <?. , 19 70
Published by title as Ord i nance No.
197 0, on the day o f /L (,
Series o f
1 l970.
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ATTEST:
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I, Stephen A. Lyon, do hereby certify that the above and
f oregoing is a true, accurate and complete copy of an Ord i nance
passed o;yfinal reading and published by title as Ordinance No. 1 ~ , Series of 1970.
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OFFICIAL
CITY COUN C IL. DOCUMENT
R E iL ''..,·'>I -r,
COUNCIL CHAMBERS
CIT Y OF ENGLEWOOD, COLO RADO COUNCIL MEETING FilE
APRIL 2 0 , 1970 .C~ OF.. ENGLEWOOD, COlO.
4'7 0
REGULAR MEETING:
The City Council of the City of Englewood , Arapahoe
County, Co lorado, met in regular session on April 2 0, 1970 a t 8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invoc ation was given by Reverend Allen Strong of
the Englewood First Presbyterian Church. Pledge of Allegiance was led by Mayor Schwab.
The Mayor ask ed for roll call. Upon the call of the r o ll, the following were present:
Schwab. Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Absent: Councilman Lone .
The Mayor decl ared a quorum present.
Also pre s e nt were: City Manager Dial,
City Attorney Berardini,
Deputy City Clerk Herndon.
* * * * * *
COUNCILMAN L.l\Y MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF APRIL 6, 1970 AND THE SPECIAL
MEETING OF APRIL 13, 1970 BE APPROVED AS READ. Upon the call of
the roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, La y, Senti,
Nays: None.
Absent: Councilma n Lone.
The Mayor declared the motion carried.
* * * * * *
Ma yor Schwab r ecognized Mr. and Mrs. Do yet J. Barbre,
4521 South Clarkson Street , from the list of "Special Citizen Program Invitees."
* * * * * *
City Manager Dial i ntroduced Mr. William L. McD i v itt ,
the City of Englewood's new Ass1stant City Manager, to members of City Council and the audienc e .
* * * * * *
Dr. James R. Feucht , Extension Associate Professor,
Colorado State University Service, Department of Horticulture,
appeared before City Council and discussed the City 's proposed
ordinance relating to the control of trees, the establishment of
a City Forester, and the regulation of businesses c aring for
trees. Dr. Feucht stated that in order to provide adequate tree
protection an effective program must be established which would
give the City of Englewood the power to implement the cleaning up
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of all dead trees, tree pruning, tree removal and spraying.
Dr. Feucht discussed the problem of Dutch elm disease and stated
that municipalities should develop some system for tree preserva-
tion like the program described above. Dr. Feucht stated that
the proposed ordinanc e would be effective in the protection of
all trees within the City of Englewood.
Discussion ensued .
Mr. E. P. Romans, Director of Parks and Recreation,
appeared before City Council and stated that the citizens of
Englewood should be in formed on how to keep, maintain and plant
trees.
Councilman Lay requested that a study session be held
on the proposed ordinance.
* * * * * *
Mr. William H. Triggs, 4300 South Jason Street, appeared
before City Council on behalf of the Englewood Citizens for
Effective Storm Drainage and Flood Control. Mr. Triggs presented
a letter signed by 298 (count unverified) residents in support
of the proposed ordinance adopting a fee schedule for storm
drainage and flood control.
Mr. Werner D. Schnackenberg, 4601 South Bannock, appeared
before City Council in support of the proposed ordinance on storm
drainage and flood control. Mr. Schnackenberg urged City Council
to put the ordinance into effect as soon as possible.
Mayor Schwab asked those in the audience who were in
support of storm drainage to stand. Seventeen people stood.
* * * * * *
Mayor Schwab introduced the following students (with
their counterparts) who will be officiating at the May 4, 1970
Student Government City Council meeting:
Student
Bill Howard
Ed Patterson
Nancy Brown
Colleen Porter
Jim Long
Bev Lane
Ed Leachman
Debbie Hume
Darrell Ross
Tom Barritt
Position
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
councilman
City Manager
Assistant City Manager
City Attorney
Official
Elmer E. Schwab
John J. Lay
Dallas J. Dhority
Howard R. Brown
Milton Senti
John c. Kreiling
Richard Lone
Stanley H. Di al
William L. McDivitt
Bernard Berardini
Mayor Schwab also introduced Douglas Yarbrough and
Linda Ruckman, students from Sheridan High School.
* * * * * *
Councilman Brown thanked the members of the Englewood
C itizens for Effective Storm Drainage and Flood Control Committee
f or coming to the meeting . Councilman Brown assured the members
that the City Council is concerned with the problem of storm
drainage and is studying and trying to come to a workable solution.
* * * * * *
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COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING ON THE CLUB LIQUOR LICENSE APPLICATION FOR THE
V.F.W., POS T NO. 322, 3860 SOUTH JASON STREET, BE OPENED. Upon
the call of the roll, the vote resulted as follows:
Schwab.
Ayes : Councilmen Brown, Dhority , Kreiling, Lay, S enti,
Nays: None.
Ab s e nt: Councilman Lone.
The Ma y or declared the motion carried, an d the public hearing
opened at 8:53 P.M. (Not e: A tape recording of the public hearing
is on file with the official records.)
Listed below are thos e individuals who appeared before
City Council and the exhibits pre sented.
Mr. Robert A. Lehman, attorney, 2401 East Second,
representing the V .F.W.
Exhibit No. 1
Exhibit No. 2
P etition containing approximately
5 2 signatures (count unverified)
of members of the V.F.W., Post No.
322.
Eight petitions containing approxi-
mately 365 signatures (count unveri-
fied) of individuals within a six
block area of the V.F.W.
Mr. Lewis M. Romans, Commander of the V.F.W., Post
No. 322, 3860 South Jason Street.
Mayor Schwab asked those in the audience who were in
favor of the club liquor license application to stand. Eleven
were in favor. No one was opposed.
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE PUBLIC HEARING BE CLOSED . Upon the call of the roll,
the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lo n e.
The Mayor declared the motion c arr ied, and the public hearing
closed at 9:03 P.M.
COUNCILMAN LAY MOVED, COUNC ILMAN DHORITY SECONDED , THAT
THE APPLICATION FOR A CLUB LIQUOR LICENSE FOR THE V.F.W., POST
NO . 3 2 2, 3860 SOUTH JASON STREET , BE TABLED . Upon the c all of
the roll , t he vot e r e sul ed as follows:
Schwab .
Aye s: Coun ci lme n Brown, Dhority, Kreiling , Lay , Senti ,
Nays : None .
Abs n counci lman Lone.
The Ma yor dec lared the mot i on carried.
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A report from Wil li am A. Hamilton, F i r e Chief, in
r egard to hi s attendance a t t h e 42nd An n u al Fire Department
Instructors Conference in Kansas City , Missouri, from March 23
to 27, 1970 was r e c eived for t he rec ord.
~ * * * ~ *
A r e p ort fro m Mrs. Do r othy A . Ro mans, Planning Di rector,
i n reg a rd to h e r attendan ce a t the Ame ri c an Soci e t y of Planning
Officials Confe r e n ce i n New York City f r om Apri l 3 t o 10 , 1970
was r e c eiv ed for the r ecord .
* * * * * *
The minutes of the Bo ard of Ad justme nt and Appeals
meet i ng of March 2, 1970 we r e recei v ed f or t h e recor d .
* * ~ * * *
The minute s of the Bo ard of Care er Service Commis s i oners
meeting of April 1 6, 1 970 we r e r eceiv e d for the r ecord.
* * * * * *
The minutes of the Park s and Recreat i on Commission
meeting of Apri l 8, 1 970 we r e r e c ei ved for the r ecord.
* * ~ * * *
A me mo randum f r om Mr. P a ul T. Blessing, Chairman,
Parks and Recreat i on Co mmission , in regard to a proposed policy
for naming parks and othe r recreati onal facilities was received for the record .
* * * * * *
The m~nutes of the Police Pens i on Board meeti ng of
Apr il 3 , 1970 were rece~ved for the record.
* * * * ~ *
BY AUTHORITY
ORDINANCE NO . 9, SERIES OF 197 0
AN ORDINANCE AUTHORIZING AND RATIFYING CERTAIN
EMERGENCY PURCHASES FOR THE ENGLEWOOD SE WER UTI LITY, AND
DECLARING AN EMERGENCY .
(Copied in full i n the official Ordin a nce Book.)
COUNCILMAN LAY MOVED, COUNCILMAN DHOR ITY SECONDED,
THAT ORDINANCE NO . 9 , SERIES OF 1970 BE PASSED ON FINAL READING
AND ORDERED PUBLI SHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE . Upon the c a ll of the roll , the vote resulted as fol lows:
Sch wab . Aye s: Counci lmen Bro wn , Dh ori t y , Kreiling , Lay, Se nti,
Na y s : No n e .
Absent: Counci l ma n Lone .
The Ma yor dec lared the mot~on c a rr~ed.
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Introduced as a Bill by Councilman Lay and read in full ,
A BILL FOR
AN ORDINANCE AMENDING SECTION 6.7-15 ENTITLED
"VETERAN 'S PREFERENCE, SUBSECTION (b) PERIODS OF SERVICE" OF
THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY CON-
CONFORMING SAID ORDINANCE TO THE PROVISIONS OF ARTICLE XII,
SECTION 14, CONSTITtniON OF THE STATE OF COLORADO .
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY 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:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling , Lay , Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
BY AUTHORITY
ORDINANCE NO . 10, SERIES OF 1970
AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED
THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND
DISPOSAL OF WEEDS OR RUBBISH THEREFROM .
(Copied in full in the official Ordin ance Book .)
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
ORDINANCE NO. 10 , SERIES OF 1970 BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE .
Upon the call of the roll , the vote resulted a s follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None .
Absent: Councilman Lone.
The Mayor declared the motion carri ed .
* * * * * *
A report r egarding the legality of returning contri-
butions made to the Police Pension Fund from City Attorney
Berardini with an opinion of the Attorney General were received
for the record .
City Attorney Berardini stated that in view of the
Attorney General's opinion the Police Pension Board would not have
the authority to refund contributions made to the Police Pension.
Mr. Berardini stated that because the Board is a statutory body
it is without jurisdiction to refund cont ribut ions unless there
is a change at the State level. ·
Discussion ensued.
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City Attorney Berardini presented and discussed a
proposed bill for an ordinance regarding the parking of large
vehicles on public streets particularly in residential areas.
Introduced as a Bill by councilman Brown and read in full,
A BILL FOR
AN ORDINANCE AMENDING "THE MODEL TRAFFIC CODE",
CHAPTER 25.1 ENTITLED "TRAFFIC AND MOTOR VEHICLES" OF THE
MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY ADDING A NEW SECTION
THERETO RESTRICTING PARKING OF SPECIAL MOBILE EQUIPMENT, TRAILERS,
TRUCKS, AND COMMERCIAL VEHICLES WITHIN ANY RESIDENTIALLY ZONED
AREA OF THE CITY OF ENGLEWOOD .
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE BILL FOR AN ORDINANCE BE AMENDED BY INSERTING "TRUCK TRAILER"
AFTER "SEMI-TRAILER" IN SECTION 25.5 -ARTICLE XI, SECTION ll-5
(A). Upon the call of the roll, the vote resulted as follow s:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None .
Absent: Councilman Lone.
The Mayor declared the motion carried.
COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST
READING AS AMENDED 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, Dhority, Kreiling, Lay , Senti,
Schwab.
Nays: None.
Absent: Councilman Lone .
The Mayor declared the motion carried.
* * * * * *
Introduced as a Bill by Councilman Dhority and r e ad in full,
A BIDL-f'OR
AN ORDINANCE AUTHORIZING THE SALE OF THE CITY'S
INTEREST IN REAL PROPERTY TO THE ENGLEWOOD SCHOOL DISTRICT
NO. 1.
COUNC ILMAN DHORITY 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 , Dhority , Kreiling, Lay , Senti,
Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the mo ion c arried. • •
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BY AUTHORITY
ORDINANCE NO . 11, SERIES OF 1970
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVE-
MENTS MADE IN PAV ING DISTRICT NO. 18, IN THE CITY OF ENGLEWOOD,
COLORADO; APPROVING AND CONFI RMING THE APPORTIONMENT OF SAID COST
TO EACH LOT OR TRACT OF LAND IN SA ID DISTRICT; ASSESSING A SHARE
OF SAID COST AGAINST EA CH LOT OR TRACT OF LAND IN THE DISTRICT;
PRESCRIBING THE MANNER F OR THE COLLECTION AND PAYMENT OF SAID
ASSESSMENTS; AND DECLARING AN EMERGENCY .
(Co pi ed in full in the offici al Ordinance Book.)
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
ORDINANCE NO . 11, SERIES OF 1970 BE PASSED ON FINAL READIN G AND
ORDERED PU BLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRIS E .
Upon the call of the ro ll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion c arried .
******
City Manager Di al gave a brief report on the bids
received for the construction of Hampden Place and stated that
the low bids receiv e d were:
Concrete Curb and Gutter
J & N Con c r e te $2,6 96.30
Paving
Peter Kiewit Sons $5,088.52
Mr. Dial recommended that contracts be award ed to the above two companies.
Introduced as a Bi ll by Councilman Kreiling and read in fu ll,
A BILL FOR
AN ORDINANCE AWARDING CONTRACTS FOR CONSTRUCTION OF
IMPROVEMENTS ON HAMPDEN PLA CE BETWEEN SOtrrH CHEROKEE AND SOtrrH
ELATI CONSISTING OF CONC RE TE AND PAV ING TO J & N CONCRETE CO.
AND TO PETER KIEWIT SONS' CO.
COUNCILMAN KREILING MOVED, CO UNCIU1AN LAY SECONDED, THAT
THE PROPOSED BILL FOR AN ORDINAN CE BE PASSED ON FIRST READING AND
ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the vote r esu lted as follows:
Schwab . Ayes: Cou ncilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Counci lman Lone.
The Ma yor declared the mot~on carried.
* * * *
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City Attorney Berardini reported that a mandatory
injunction h a d been received from Judge Foote in the litigation
against the Mill er property , 4 089 South Acoma. Mr. Berardini
stated th a t the injunction gave Mrs . Miller 60 days, until June
18, 1970, to c lean up her e ntir e prope rty; and it prohibited her
from bringing add itional items on her property wh ich would result
in a s imi lar situation.
* * * * * *
Ci t y Attorney Berardini stated that a law suit had
been filed aga in st Officer Goe tz which claimed that excessive
f orce h ad been used i n effecting arrest. Mr. Berardini stated
that the s ummon s and complaint h ad been transferred to Ro y al
Globe Insurance, the City's previous insurance carrier, as this
occ urred in 1969. Roy al Globe indicated that they would come
in and defend Of f icer Goetz but if a judgment was awarded on the
b as is of assault a nd b att e r y ag ainst Officer Goetz they would
not give a judgmen t. Mr . Berardini stated th at becaus e of thi s
Officer Goetz h ad retained his private atto rney to defend him .
Ci t y Atto rney Berardini stated that this pres e nts a
problem as to the extent of this insurance coverage and its
effectiv e ness. Mr. Berardini stated that the City is immune to
civi l prosecution in governmental functions, that is, if a police
officer or other em ployee commits a c ivil wrong against s omeone ,
th e City is not liable; and the City Attorney would have no
authority to defend h~m as such. Therefore , Mr. Berardini suggested
that the City council meet at a future date to hear evidence and
try to e stablish a policy about what it can and cannot do in this
area .
City Manager Dial stated that City Attorney Berardini,
Chief Clasby and himself were working with the City's insurance
consultant to develop a complete report to give to City Council
for some recommendation as to the policy and attitud e on the part
of t he City towards officers and other employees if suits were
brou~ against them while in the line of duty.
CO UNCILMAN
THE CITY ATTORNEY BE
GARDING THE ISSUANCE
3295 SOUTH BROADWAY.
as follows:
* * * * * *
LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
AUTHORIZED TO DEFEND THE CITY COUNCIL RE-
OF A 3.2 BEER LICENSE TO THE SPORT BOWL,
Upon the call of the roll, the vote resulted
Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: Non e .
Absent: Councilma n Lone .
The Ma yor declared the mot1on carried .
* * .,. * + *
COUNCILMAN KREILI G MOVED, COUNC ILMAN SENTI SECONDED,
THAT THE CITY ATTORNEY BE AUTHORIZED TO ATTEND A COURSE ON
LOCAL GOVERNMENT LEGAL PROBLEMS AT THE SOUTHWEST LEGAL FOUNDATION
IN DALLAS, TEXAS . Upon the call of the roll, the vote resulted
a s follows :
Ayes: Councilmen Brown , Dhority , Krei ling, Lay, Senti ,
Schwab.
Nays : None .
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Absent: Councilman Lone.
The Ma y or declared the motion carried.
* ~ * * * *
City Manager Dial discussed the s ignalization of certain
intersect ions on South Broadway to change the signal poles to the
modern mast arm design.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND TOPICS (TRAFFIC OPERATIONS
PROGRAM TO INCREASE CAPACITY AND SAFETY). Upon the call of the
roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nay s: None.
Absent: Councilman Lone.
The Mayor declared the motion c arried .
* * * * * *
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE TRAFFIC ENGINEER BE AUTHORIZED TO ATTEND A TRAFFIC ENGINEERING
COURSE OFFERED BY THE EAGLE SIGNAL COMPANY IN DAVENPORT, IOWA
FROM MAY 18 TO 22, 1970. Upon the c all 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.
* * * * * *
RESOLUTION NO . 12, SERIES OF 1970
A RESOLUTION APPROPRIATING FUNDS FOR THE POLICE DEPART-
MENT AND CITY COUNCIL .
(Copied in full in the official Resolution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
RESOLUTION NO. 12, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the c all of the roll , the vote resulted as follows:
Schwab. Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent · Councilman Lone .
The Mayor declared ~he motion carried.
* * ~ * ~ *
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The fi nancial report for th e month of March , 1970,
wa s rec eived for the record .
City Mana ge r Dial reported that the sales tax had
exceeded the original estimate by fifteen per cent for the first
quart er of 1970. Mr. Dial stated that at the present rate the
sal e s tax est i ma te may be exceeded b y $300,000 .
* * * * * *
City Manager Dial reminded members of Council that
Student Government Da y s would be April 23 and 24, 1970.
* ·* * * * *
City Manager Di al stat ed th at the Annual Awards Banquet
would be held May 13, 19 70 .
* * * * * *
City Manager Di al stated that Mr. Bill Brokate was
appo inted Chief Buildi ng Inspector but that he would also act as
the Structural Inspector. Mr. Dial stated that an Envi ronm ental
Inspector h ad been hi r ed.
******
City Manager Dial presented a fi nancia l state men t to
City Council for the Englewood-Littleton-Fort Logan Bus Line.
Discussion ensued .
* * * * * *
City Manager Dial presented to City Council a circular
which will be distributed by the League of Women Voters for the
Ma y 5 , 1970 special election . Mr. Di al stated that he had dis-
cussed the Ch ar ter am e ndments with representatives of the Denver
Post and Englewood Heral d.
* * * * * *
City Manag er Di al r epo r ted that a request for a
light in an alley between Grant and Logan had been rec eived
(100 feet north of Mansf ield between Logan and Grant).
Discussion ensued.
* * * * * *
Mayor Schwab recognized Mr. Joyce L. Williams, 4845
South Cherokee. Mr. Williams was concerned about the charge for
re plac i ng his s idewalk.
Ma yor Schwab indica ted t h a t Mr. Williams should contact
the Director of Public Works and th at the problem could not be
settled w1thout both sides of the question being presented.
* * * * * *
Mayor Schwab reminded members of City Council th a t a
coffee wo uld be h e ld April 2 7, 1970 in the Comm unity Room to
an s we r qu e st1ons regarding the bus line and proposed Charter
am e ndments .
* * * * * *
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COUNCILMAN LAY MOVED, COUNCILMAN KREILING 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 11 :15 P.M .
D$puty City Clerk
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OFF ICI A L
CITY. CO UNCIL DOCUM ENT
(';' J .,..(')
· r.·.,, 11 ·7o
IJITRODOCBD AS A BILL BY COU.CILMAII~_::,.-~,,...."S'a_.~/~'--J&I.f,N-C-IL-· -t.-~.---·~-.-,-.-..3-F -IL_E __
C ITY OF ENGLEWOOD, COLO.
A BILL FOR
c'1rw:&Erfdl£~~dm~ INVITEES, May 4, 19 70
AETURIJ T O
COUNCIL M eL..,:. G F ILE
CITY OF ENGLEWOOD, COLO.
Precinc t No . -Mr . and Mr s . E. A. McGre go r, 2377 We st Va ssar Av enue
Precinct No . 2 -Mr . a nd Mr s . Clement Dodenhoeft, 2779 South Cherokee Street
Precin c t No . 3 -Mr . and Mr s . Michael D. Ma s on , 2964 So uth Sherman Street
Prec i nct No. 4 -~lr . and Mr s . Stan l ey G. Fe rrare, 3956 South Huron Street
I
Precinct No . 5 -Mr . and Mrs. William Kurklin Jr., 3063 South Pennsy lvania Street
Precinct No . 6 -Mr . and Mr s . William Moody Jr., 2995 South Marion Street
Pr e cinct No . 7 -Mr . and Mr s . C. Balla s t Jr ., 2399 Ea s t Floyd Place
~net No . 8 -Mr . and Mr s . Robert E. McVay, 3462 South Grant Street
Preci nct No. 9 -Mr . and Mrs . DeWitt A. Herron, 4023 South Wa s hing t on Street
Precinct No . 10 -Mr . and Mr s . John Kri s t en s en , 420 8 South Cherokee Street
Prec inct No . ll -Mr . and Mr s . L. G. Thoma s , 4194 Sou th Sherman Street
No . 12 -d Mr s . William H. Triggs , 4300 South Jason Street
No . 13 -~d Mr s . Ri chard Plattner , 2922 West La yton Av enue
Precinct No . 14 -Mr. and Mrs . Ovar C. Ca rl son, 4901 South Delaware S treet
Precinct No . 15 -Mr . and Mr s . Warren A. De Pue, 4800 South Delaware Street
Precinct No . 16 -Mr . a nd Mr s . Haskel F. Sloan , 4635 South Sherman Street
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O FFICIAL
CITY COUNCIL DOCUME N T r ,--J -':">
Ill'l'RODOCm> AS A BILL BY COU.CILMAII:...,..._.:..~~J,....~.(J;.J "'4._I_-'!_'.v_l_~ _7_0 ___ _
C;t-NCIL t.; ·;•.:. ,1; • ..; FILE
CITY. OF ENGLEWOOD, COLO.
A B ILL FOR
All ORDIIIAIICII VACMIJIG wa'1' 'I'UP'I'S Av.uK ~.a'LY BXIS'fliiG
wrrBI• CDI-IAL .alit LYDIG .aft OP SOUfll DIICA'rVJt ftalm'f
AJrD Ill 'ftiB 800ft~ DLP OP 'I'D 80R'ftDAI'f QUIUf!D OP S.al'lC. 8,
TOIIIISHIP 5 !Our&, MII<D 68 liBft OP 'I'D 6th P.M. Wl'l'IID THZ
CITY OF BIIGLJniOOD, S'l'U& OP COLOIINX>.
WRBaBAS, there presently exists a public street lying
east o f south Decatur street within centennial Park known as
west Tufte A .. nuet and
WHBRBAS, the Planning and s.RiD9 co.aission of the City
o f Englewood bas heretof ore reca.. nded t hat t h e a i d s treet
hereafter d .. cribed be vacatech and
WHBRDS. all of the land adjoining said street 1a con-
t ained within centennial Park and owned and .. intained ~y the
city of IID9l~r and
WBKRBAS. the afore-described street no longer serves any
use fu l purpose and the vacation o f eaid stre et wi ll not leave
any realty Adjoining said street without an established public
road connecting the said realty with another established public
roadr and
WHBRBAS, the street hereinafter described i a loca ted
eati%ely within the City of Englewood, colorado and does not
constitute a boundary line between the City of Englewood and
any county or other MUnicipal i ty.
IIJOW, 'riiBUPOU, BE IT O~IMED BY 'l'IIB CITY CO~IL OP
'!'liB Cl'f'Y OP .-cai.IIMOOD, COLORADO, as followst
1. That the following described street known as west
Tufta Avenue, located within the city of Englewood, Arapahoe
county, colorado be and the s ... is hereby vacated, to wita
All o f weet ~ufta lyinq east of SOUth Decater
Street and within centennial Park all lying i n
the 8~ ~ of &ectiOD 8, ~ebip 5 eouth,
Range 68 weat of the 6th P.M. The legal de-
cription of that portion to be vacated le as
follOWIIa
Beginning at the northwest corner of the eouth ~
of the northeaat a. of Section 8, 'l'ownabip 5 south,
Ran e 68 weat o f the 6th P.ll.r thence south 89058'
10• eaet, 334.63 feetr thence eouth 20042'44• west.
1 75 .02 feet: thence south 69017'16• east. 38.74 feet
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A B ILL P'OR
All OIIDIAa'Z VACMDICI Mal' 'I'UPI'8 Av.rft PltZS_,LY Dlft'liiQ
WI'IIID CMI' iAL MB LYWG .... or 80U1'11 ~ ft ...
MID Ill 'I'D aoun ULP OP ,_ liD iiSSUI OaJirft OP 8~1-e.
fti-BIP 5 800ftl. IIAIICm 68 ~ 01' 'I'D 6t.h P.M. WifliDI ~
ern or ~. ftNr8 or ~-
......a. ~hea"e preeently -1•~• a public •~X"eet lyiDcJ
... ~ of sea~ Deca~ur stree~ wi~iD centeAnial Park known ae
--~ 'l'u~• A,..uer and
14111RM8. the PlanaiD9 and .... 1D9 ~heion of the Ci~y
of alql___. hu heX"Kofore X"ec tded that the •aid etr~
her .. f~ cleecn'u..d M .-catedr aDd
MRIPP8. all of the laDd .. joini119 eaid atr~ h con-
tained withiD c•tennial .. rk and owned &ad .. intaiDed by the
Ci~y Of -.gl...ooc!r and
MRIPM8, t.he afoa"e-d .. cribed •~r~ no lonqer aervea any
u.e!ul purp»e and t.he vaca~lon of said atreet will not leave
any real~y adjoininq aaid etreet without an eatabliahed public
road connecting the aaid r .. lty with aDOther ••~abliahed public
rOAdr and
WIIIIIWAS, the atr .. t hereinaf~er deacribed i a loca~ed
entiX"ely wi~hiD the city of lbql...ood, coloredo and doe• not
conatitute a boundary line ~en t.he Ci ty of Jnqlewood and
aay county or Kher .uaic i pelity •
... ........oM. U I'l' 0~ IIY ftD Cn'Y ~IL OP'
'fa Cl'I'Y Of' .OI.miOOD. COLOMDO. ae fOllOWIIt
1. 'rbat t.he followinq deacr i bed atreet known ae weet
'l'ufta Avenue. ·~ated within the city o f En g l~. Arapahoe
county, OOlOX"edo be and the .... ia hereby vacated, to witt
AlJ of W.at ~ufta lyin9 eaet of Iouth DecatUX"
Street and wi~hin centennial Park all lying i n
the a~ ~ of aectioa a. ~•hip s aouth.
aa•uJe 68 weet of the 6th P.M. The leqal dea-
cription of that portion to b e vac•ted ia aa
follo-,
a.v1anin9 at the northwee~ corn•r o f the aouth ~
of ~e north .. •t .. of Section R. Townahip 5 aout.h,
~nq e 68 weat o f the 6th P.M.; thence aouth ~,058'
10• ... t . ll4.6l r .. tr thence south 20042'44• weat.,
l i 5.02 f••tr thence aouth 69017'16" eaat. 1 8 .7 4 r .. t
•· ' r
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to the true point of beqinninq: thence aoutb
69Dl7'16~ eaat, 44.39 f .. t to a point of curve
to the le f t aad bavinq a radiua of 140.00 feet
and a delta anqle of 20022'29•: thence on the
arc of aaid curve 49.79 r .. t to the point of
tanqent r thence aouth 89039'45• eaat, 12 .11 feetr
thence aouth 19D30'15• eaat 63.79 r .. tr thence
north e g039'4S• weat, 94.42 feet to a point of
curve to the right havinq a radiu• o f 200.00
fee t and a delta anqle of 20022'29•r thence on the
arc o f •aid curve 71.12 feet to a point of curve
to the lef t having a radiaa ·o f 15.00 r .. t aad a
delta anqle o f 110022'29•: the nce o n the arc of
•a i d curve 28. 90 feet to a point on the eaat line
o f south Dec a tur Street: thence north 00020'15•
east, 8 5.5 7 !eet to the true poi nt o f beqinn l nq .
Introduced, read in full and paaaad on f i rat r .. d i aq on
the day o f , 1970.
Publiahed a• a Bill for an ordinance oo the ___ dlay of
-----------· 1970 .
Ma y or
ATTE ST :
e x o ff ic i o 1 t y c l e rk
I. S t .,.p h't>n A Ly o n. do her Pty c ert 1 tl .a t the al ·o ve and
•or eg o i n g ~~ a r u e , a c cur a te ~nd c o mpl PtP c o p v o f a Pt ll •or
a n Ord i n~nc e i nt rod u c e d . r e ad i n fu ll and pa ~sed o n fi r s t
rPad ing o n th e d ay o f . l 9 ry 0.
ATT ES T:
e x o f f i c i o c i t y Cl erk
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A BILL P'OR
Mr OB:uu.cll VACJI!rDIO taft 'I'Uft8 A..-oa ... ...u Dlfti-
WiftDI CUI DL PAB LYDG Dft or IOalll -=-ull .....
UD u 'I'D aoun IIALr or 'I'D • 2ZU:ft 01allrD or 1~1a. e,
._.IIIP 5 sounl, ltAIIU 61 ~ 01' 'I'D 6th P.ll. WiftDI ~
CIYY OP' ~. ftHB OP cor.o.ADO •
._..u, ~h•• pr•••~ly -1•~• a public •veet lyia9
aut or S.Uth Deca~ur st.reat within centennial Parlt kncNil ••
... ~ ~tt:• Aftftuar aftd
MRIR ... , the Plannin9 an4 ... lag CO..ia•ion or the Ci~y
of -.~ baa heretofore rec anded thAt the ••id atraet
ho .... f~ar dMCn"u..d be vMa~edr aDd
-..... all of the ~ adjoinU.. •aid au.ot h aea-
uined withiA c•tennial Park an4 01111\ed Md .. intainod a.y the
Ci~y Of -9l.....Sr aDd
..,....., ~ afo.r:o-daectK'ibed •t.reet ne loft9e.r: ao.r:,.. aay
\Woful pu.r:Jeea aftd the vacation of •aid •t.r .. t will not lea ..
aay roaltly edjoiaiD9 aaid aUeetl wi~'heu~ an utlabliahed public
roed ~ectlinq t.be aaid r .. l~y wUb anoth.-.. tlabliahed public
..... , and
~. the atr .. ~ 'ho.r:einaf~ar doacribod 1a loca~ed
ea~l.r:ely wi~hia the City of ~~~. colorado and ctoe. not
~~i~ut.• a boundary line bft•en the Ci~y of atcJl..,_. and
.. Y eounty or other .uaicipali~y •
... , ~. N l'l' OmAIDD ft 'I'D CIYY COGICIL OP
'I'D crrr or WCIL81«)00, COLOMDO, aa folJ.aw.a
1. t'ha~ the followiDc) daecr ibed at.r .. t kncNn u -.t
~fta Avoaua. ·loeatad ~thin tho city of Enqlewaod, Arapahoe
~ty, OO!ew.SO be ... the •-18 hereby vacated, to vita
All of ... t t'ufta lyin9 oaat of SOUth Decatv
lt.reetl ... within centeaaial Park all lyinc;, ift
~ho ... -of leeU• I, ,_.hip s aouth,
aM9e 61 wee~ of the 6th P.M. T'h• l~al dae-
crlf*l.on of that ~ion to be vacated 18 ••
roll..,.,
a.iiallli89 at ~he nort!nMa~ eornar of the aouth a,
of the aort.h .. at \ of Section 8, 1'01111\ahip 5 ao.tb,
aanqe 61 weat of ~he 6th P.M.r thence aouth 8 .. 58'
10• --~. ll4.6l faetr thence aouth 20042'44• weat,
l i 5.02 feetr ~ence aoath 6f017'16• eaat, 18.74 f•et
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to the true point of beginning! thence aoQtb
6~17'16• eaat, 46.39 f .. t to a point of curve
to the left aDd haviD9 a radiua of 140.00 feet
and a delta anqle of 20022'29•: thence on the
arc of aaid curve 49.79 t .. t to t~e point of
tanqentr thence aouth 89D39'45• eaet, 72.77 feetr
thence aoutb 1~30' 15• e-t 63.7 9 r .. t, thence
north e9DJ9'6s• weat, 94.42 feet to a point of
curve to the riqht bavin9 a radiue of 200.00
fe.t ~nd a delta anqle of 20022'29•r thence on the
arc of eaid curve 71.12 feet to a point of curve
to the left havinq a radiaa ·of 15.00 f .. t and a
delta anqle of 110°22'29•: thence on the arc of
a aid curve 21.90 feet to a point on the eaat line
o r south DecAtur Street, thence north Oo020'15•
eaat. B5 .5 7 ~eet to the true point of beginninq.
Introduced, read in full and paaead on Ciret r .. dinq on
the day of , 197 0.
PubliabeCI aa a Bill tor an Ordinance on the ___ day of
------· 197 0.
Ma y or
ATTEST:
ex o ff ic i o ity c lerk
I. S e pth't>n A . Ly on . do hert>ty cert 1 t,r tr.at the al -o ve and
r or e g o inC' 1<; a t r u e, accurate <~nd c om pl~>tP c op•; o f a 0 i.ll ~or
a n Ord i n <~n ce i ntrod ced. read in fu ll and pa ~sed on f i rst
r~>ad ing o n the day o f , 1 9 7 0 .
ATT EST:
ex o fficio i t y c l erk
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MEMORA DU~l TO 'l11E E. lr LF.WOOD
OF 'n!E
DATE : Apt tl 2 1, J 970
I TY COUNC IL REC.ARilll\C.. .\I 'T JON OR REC OMMENDATION
1 TY PLANNING & /.0~ I :"G C'')\1M T SS ION
. Cl 0 F F 1 C I A L
TY COU CJL DOCUMENT
RETL'"?N TO
SUBJECT: Va c ation o l II' s t Tults Aven u ·. f'.W 4 '70
RECOMMEN DAT ION :
Len tsch moved:
Senti sc ·onded:
Cl~OUN CJ L M C c.'JJN G FILE
OF ENGLEWOO D, COLO.
Til • P lannt ng Co mmt sion recorrun( nd
th at the fol l o l'tn ~-; port1on of\\<..;
va ·a t ed :
lJ City Council
J'J fts Av e nu e be
B egi nnin f: at th n or·t h we ·t corner uf th e ·ou tl 2 the north e ast
1 /4 of Secti on 8, Tomsh ip 5 s o uth , Range 68 ,.,.., ct t he 6th P.Al.;
thence south 89 °58'30 " e ast, 334.6 '3 feet ; tlwl <• ··• uth 20 °42'44 '' west,
17 5 .02 ff'•t; th e n ce s outh 69 n l7' L6 " e ast, 3 ,/·1 J .• ·I to the tru e poi nt
of b gi nning: thencl! s outh 69 "17'16'' ast , 14 , l' t ., 1 to a po1nt of
curve to the left and having a raJ iu s of I 10 P l < ~' and a d e lta angle
of 20 22'29"; then l'e on thf' arc o f said •u t·,,_. 1 1 !' t ee t to the point of
tanp; nt : th e n e S<.Ht th 89 ''39 "45" •ast, 72.77 f·< 1 ·t,•n c e south l9 n 30'15"
e at 63.79 feet ; t he n ce not·th H 9'3 9'4 5" "'"'· ··,.t · f t•el to a poi nt of
cu t·vt• t o th right h.tvi n g a t•aJtu s of 200.0! '·· • d a delta angle of
20 22'2 "; th n e e o n th e arc of s a1d ur ,. 71 .1~ I_. ·t to a point of
c urv t o the 1ft h aving a t•adiu s ol 15 .0 0 .,, t 1 1<' a delt a angle of
110 22 '29"; thence on !h e at·c or -;.u<.l cu t '\( :;~ .' o • t ·t to a point on
th at l1ne of Sotth D<'catur Str •·t : t ''" 11 1. 00 "20 '1 5" eas t
85 .57 1 c t t o the true pn int ol t.~·f!t n 1 n ~.
Th e mot1 on c arried unantmou"ly.
By Ord •·1 t
dntl7ntlnl
H
1 1 e ( , tv Plann i n l{
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL RLGARDJNG ACTION OR RECOMMENDATION
OF THE CITY PLANNING & ZONlNG COMMISSION
DATE : April 21, 197 0
OFFI C IAl.:
CITY CO U"ICIL I'CCU MENT
RF' T
SUBJECT: Ann e xatt on of "Herndon " Property.
RECOMMEN DATI ON :
·· Lents c h moved:
C OU l, 1:.. ' .. -•' G F I LE
CID. OF. E GL E OOD, COLO.
The Planning Commission recommend to City Council
that the following property be ann xed to the City ;
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Lone seconded:
Be gin ning a t a point 1413.0 feet east of the ~o uthw e st corner oJ the
southeast one -quarter (SEl/4) of Se ction 9, T•lwnshlp 5 south, R11nge 68
West o f the 6th P.M.: thence north 250.26 feel thvnce south 57 °10'
east 59.5 feet; thence east 96.8 feet; then· sout lt 218.0 feet t.o the
south line of said Section 9 and being the centel' L1ne of We st Belleview
Avenue ; thence west along said south linr of haid Section 146.8 teet
to the point of beginning.
The motion carrie(! unanimously.
By Order of tll ti ty Plann tng
and Zonin~ Co1111l1i ,.,s ion .
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISS I ON
MARCH 31, 1970
I. CALL TO ORDER .
The 'special Meeting o f the City Planning and Zoning Commission was called to
order at 8:05 P . M. by Vice-Chairman Lentsch.
Members Present: Wood s , Walsh; Senti; Lone; Lentsch
oFFIC I AL Romans, Ex-officio 'CITY C OUNCil-OCU MENT r r , '"~'-I -"
Members Ab sent: Carlson
t ~~'{ 4 '70
Al so Present: City Attorney Berardini
COU NCIL M Et.. ilNG FILE
II. APPROVAL OF MINUTES. CIT'( OF. ENGLEWOOD, COLO.
Mr. Lentsch stated that Minutes of March 1 7 , 1970 were 'to be considered for
1\pproval.
Wo ods moved:
Senti seconded: The Minutes of March 17 , 1970 , be approved as written.
The motion carried unanimously .
III. K. WAYNE NELSON
1101 W. DartmOUth
REZONING
I-2 to I -1
CASE #3-70B
3/17/70
2/3/70
Mr. Lentsch noted that the public hearing on Mr . Nelson's rezoning request had
been continued so that proponents and opponents alike could secure additional
information . He noted that the matter mus t be removed from the table for
further discussion.
Woods moved:
Senti seconded : The matter of the rezoning request filed by K. Wayne Nelson
be raised from the table.
The motion carried unanimously.
Mr s . Romans reviewed the testimony and documents which had been presented at the
meeting of March 17, 1970 , at which time the public hearing was initially opened.
Mr . Lentsch, in opening the continued hearing, stated that the Commiss ion was
concerned with the proposed rezoning of the subject parcel and not with any
specific use proposed to be made of the land. He asked that speakers, if possible,
restrict their remarks to the merits or opposition to the requested rezoning.
He asked the proponents of the rezoning request to continue their case.
Mr. Nelson , applicant, having submitted an application with the signatures of
the property owners, stated that he feels he has fulfilled the request of the
Commission in obtaining the signature of the property owners on the rezoning
application; he pointed out that Mr. and Mrs. Chappell did have full knowledge
of the rezoning request from the beginning. Mr. Nelson noted that a small
parcel of this property is zoned I-1, and "dovetails" with the property en-
compassed in the rezoning application. Mr. Nelson stated that he feel s the
rezoning of this property will bring some changes into the area which he hopes
will be good; he stated that nothing has been done with this property for a
number of years . He stated that he felt it would be a good move to rezone this
proper ty.
Mr . Lentsch asked if ther w r any one else who wished to speak in favor of the
rezoning? No one indicated a desire to speak for the rezoning.
Mr . Le ntsch asked that th opponents present their arguments.
The notarized petition , signed by th following persons , was again submitt d:
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Floyd E . Fetterhoff , 3128 South Platte River Drive, Englewood.
Glen L . Frie nd , 3130 Sou t h Platte River Drive
Ben Edgin, 1013-1015-10 17 -1019 west Dartmouth
Kenneth Walter , 102 3 w. Dartmouth
Robert M. Roy , Jr., 3232 So . Platte Riv er Drive, Englewood
Angelo J . Co nti , 10 33 West Dartmouth , Englewood
S . C. Hartman, 1033 West Dartmouth, Englewood
J o hn F . Patton , Mobility Unlimited , Inc ., 1033 W. Da rtmouth Ave .
Mr . Hartman
1033 w. Dartmouth -asked what the purpose of the rezoning request was ? He
stated that Mr. Nelson has stat ed in a public meeting that
he has plan s for a mobile horne park on the property, and if these plans and
statements are not to be considered as part of the entire case , why rezone the
l and from I -2 to I-1? He noted that almost any us permitted in I -1 could be
done in I-2 , with the exception of the mobile horne park usage. Mr. Hartman
s tated that h e was given verbal as s urance when he built his indus trial bui l ding
that there wo uld be no extension of the mobile horne park usage in the area , that
the Dartmo uth-Santa Fe Drive area is an industrial area and would be developed
as such . He asked that clarification for the rezoning request be made .
Mr . Lo ne discussed the fact that the rev ision of the 1963 Co mprehensive Zoning
Ordinance is underway , and noted that this was necessitated in part by the new
technologies and approaches t o building that have been developed , and which
have made the present Ordinan ce obsolete in some sections. Mr. Lone stated that
any benefit to the property owners in the area from the change in zoning from
I -2 to I -1 at the present time, would be that the I -1 Zone Classification is more
restrictive than the I-2. He pointed out that heavier industrial u ses are
permitted in the I-2 Zone District .
Mr . Fetterhoff
3128 S . Platte River Dr.--s tated he was interested in the area r e ma ining in the
heavy industrial zoning; fearing that he would have
to relocate , inasmuch a s his business would probably not be permitted in the
light industrial classification . He stated that plans are on their drawing
board to enlarge the scope of their business, bringing in heavier equipment ,
e t c . He stated that he desired the area to remain heavy industrial .
Mr. Woods asked Mr . Fett e rhoff how long h1s busin ss had been e s tabl ish d?
Mr . Fetterhoff sta t ed that h had been in business at this location approximately
l~ years . He noted that the building had been used as a warehouse before he
located his business there. He ask d if ev ry time someone wanted a chang of
zoning to accommodate a new use, if th established uses were to be disr garded
and thrown out?
Mr . Lone asked Ci ty Attorney Berardini on what basis the Commi ssion is c harg d
with determining whether or not the zoning of a property should be chang d ?
Mr . B rardini s tated there are two reasons which must be present before a change
in zo ning i s made: (1) it must be determined that there was irnprop r zoning
initially ; and (2) it must be shown that changes have occurred in th area
whi ch warrant a change of zoning because the land can no longer b us d for the
"highest and best" use under the existing zoning . The proposed zoning must be
cornpatibl with the Comprehensive Plan . He noted that when a chang of zon is
mad , that a broad classification must be considered; the Commission must find ,
1n this case , for ins tance , that I -1 wo uld be more compatible with th area than
I -2 zonwg .
Mr . Co nti
1033 W. Dartmouth -stated that it was his under s tanding that anything wh1ch c an
be built oo I-1 land can also b built on I-2 zon d land with
th exc ption of th mobil hom park , and under these circumstances, th o nly
reason for th r eque s t is to accommodate a mobil horn park, and he, Mr. Con ti,
does not feel this is a valid r ason to chang the zoning.
Discussion follow l . Mr. Hartman wa s asked how long they have had industrial
us s in th area , and he rep lied sine 1960 or 1961. Further discussion follow d.
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Mr . Lone stated that i seemed to him hat the r ason for zoning and rezoning is
to provide for the h i ghest and best use of the land, and if the land in an area
is being developed under the present zoning, then he does not feel that the Ci ty
should consider rezoning it. Mr . Lone continued that unless there have been
changes in the area that will not allow development under the present zoning , he
does not feel that there is anything to consid r .
Mr . Nelson stated that he has been observing the development of the area for 25
years, and he can see no real benefit of the I -2 zoning in this particular area .
He stat ed that those who are interested in "heavy " indu str ial uses are moving out
further, and that these small parce ls have greater appeal to a light industria l
d velopm nt. Mr . Nelson stated t h at he i s interested in the betterment of the
City , and if the zoning is approved , he will follow through on the plans for the
mobile home park that he has discussed previously . He reiterat ed that he cannot
see in the near f u ture many more large heavy industrial uses going in in this
area . He stated that nothing has b en done there for a good number of years , and
he felt that the rezoning wo u ld bring about some good changes .
Mr . Walter s
1023 w. Dartmouth -stated that Robinson Brick and Tile have built their industrial
business just to the west of the s ub ject p arcel within the
last 10 years; he also pointed out that the Ci ty is building the ir new servicenter
in the immediate area . He stated he wa s against t he rezoning . He poLnted o ut
that the area has c leaned up considerably since i t was inundated in t he 1965
Floo d , and pointed out that in his opinion , it is no place for reside ntial u sage
with the heavy equ ipment that i s o n the street s .
Mr. Lentsch ask ed for a s how of hands of tho se i n favor of the re.que st?
Mr. Nelson s t ated that he had not done any "outside work to get people present
in favor of the rezoning" to atte nd the meeting , but had he don so , he felt he
could have gotten quite a "congre g ation ". He didn 't feel the i ssue concerned
whether children were permitted in t he mobile h ome park or n ot , a n d cited a
mobile h ome park right around the corner from the property of Mr . Hartman and
Mr . Con ti which does permit children . He stated that in any event , they were
not the issue to him .
Mr . Walter s em phasized his previous statement that the land is b ing d v loped
under the pr sent I -2 Zone Di s tric t .
Mr . John Patton , Branch Manager , Rocky Mo u n t ain Branch of Mobility UnlimLted,
which business is located at 1033 West Dartmouth Avenue , s tated that their
products act like "magnets " to c hildren . Th e ir bu siness is the man u factur of
"amphicat" and "amphikitty". He s t ated that it is a necessity to keep the
childr n off th ir property, b ecaus e if a child was hurt the consequenc s could
be drastic . He s tated that he wa s opposed t o the r ezoning , a nd would prefer
that the ar a remain strictly industrial .
Mr . Frank McCoy, Manager
OasLs Mobile Home Park -stat ed that the property at 1033 We s Dartmouth LS
enc l osed by a fence; he also noted that th "amphicats "
are test d on the Chappell property , which i s not fenced . Mr . McCoy s tated that
he wa s aware of the great hou sing s hortage , and h e di~~·t s e wh re children
would b a problem if permitted in the mobile home par k .
Mr . Hartman noted that the fence around their property cost th m $2,000 and was
rected b cause it was a necessity to keep the children away from th busin ss .
Th fencing nee ssitated a revamping of the parking plans, and h stat d that
ven aft r th se precautions , they cannot keep h children out e tirely. Mr .
Hartman stat d that the slow development of the area can be blamed on the fact
that thLS area LS Ln a Flood Plai , and peopl ar reluctant to invest 1 a use
in such an ar a . He no ed that with the constructLon of Chatfield Dam , this will
probably alleviat a lot of the danger of floodi g, and that developm n would
ed up . H stated that he , for on , planned to buLld additional warehous s on
his prop rty wh n th dam was constructed , but if a mobile hom park w r to be
permitted on the Ch app -11 land , h would not do so .
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Mr . Lone s tated that he felt the Comm ission wanted t o determine if there have
been changes in che are a to warrant rezoning from I -2 t o I -1 ; he s tate d that the
Comm i ssion wants t o find a v alid reason for either approvi ng the rezo'1ing , or
recommending agains t the request .
Mr. Walters s tat d the land is b ing developed , and will be developed further
when the Dam is c o nstru cted .
Mr . Fe tte rhoff pointed out that this area is no t t oo fa r e a s t of the Englewo od
Industrial Park, whi ch is rapidly developing . He stated t hat an addit i on was
made recently to the Stain less Steel business, which i s to the north o f this
a rea . He felt that the area is dev loping u nder the present zonin g.
Mr . Woods commen t ed that the majority o f the uses J USt ment ioned would comply
with the J -1 restrictions , and didn 't need I -2 zoning .
Mr . Fett erhoff s tated that he felt any man in business for himself wants to see
his business grow; he not ed that he personally did . He s tated that if t h ~s area
were to b e z oned I -1 he would be reluctant t o increas his inventory because he
c ould n 't e xpand his business . He has approximately ~ acre now . He s tated he
didn 't care what the prop os~d u se for the prop erty Mr . Nelson 1s concern d w~th
is , he is opposed t o tt e rezoning . He s tated t hat t h City needs mo r e b~g
industri s . He s tated that he ha s long-range plans for a dye-c ast shop and a
foundry , but wouldn 't de~e lo p these if the rezoning w re gran t ed .
Mrs . Romans e xplained the ideas presently being cons~dered in che r vi s ~on o f the
zoning ordinance , whereby us es would be controlled by "performance standards"
rather than being specifically itemiz ed as they are now . Withou t intending to
be specific , the Director e xplained that generally the performance standards
would provide that pollution of air and water would not be permitted , e x cessive
vibration and noise wo uld be restricted , as would odors, gasses , e c . Sh
asked Mr . Fetterhoff what such a revision would do t o his bus iness? Mr . Fetterhoff
stated that it would be "devastating" if it were to be approved . He po~nced out
that there is vibration with any use; he also asked who would pay f o r the cost
of bringing up to s tandard the uses to comply with s uch a n Ordinance? He sta ted
that such an Ordinance would "wipe his business o ut". ~Irs. Romans r e fe rred t o
the pr sent e xternal limitations on I -2 Industrial uses , wh~ch reads : §22 .4-14h
Limitations on e xterna l ffects of u ses . Every us e s hall be mad to c o mply with
th follow1ngl1mi ations: ---
(1) Every u se shall be so operated that the volume of sound 1nherently
and recurr ntly genera ted is not unreasonably l o ud at any point of any
boQ~d ary line of the lot on which the u s e is l o cat ed.
(2) Every u se sha ll be so operated that the gr ound vibration 1nheren tly
and recurrently g nerat d is not p e rceptibl e at any po1 t of any boundary
li e of th l o t on whic h ch us i s located .
(3) Ev ~ry us shall be so operat ed that it does no e mit an obPoxious
o r dang r ous degre of heat, glare , odor , radiation , fumes, gas or
smoke beyond a n y boQndary lin of the lot on whi c h the use i s l ocated .
(4) No material s o r wasc s shall be deposited upon a l ot ~n such form o r
manner that th y may be transferred off th l o t by l'.atural caus s or
force s .
(5) All rn a rials o r wastes which might cause fume s o r dust o r which
constitu t e a f~r e hazard or which may be edible by or o th erw~s~ attract
rod"'r.o::s or ~ s c s s hall b e stored outdoors only i clo~ d c:on t.ai"le rs .
Mr s . Romans o d hat ~f th r i s a confl1 c t w~ h e x~s i'1g us s
poss~bly he s~ should be ch ek ed i"lt.o .
Mr . Fetterhoff noted hat his busin ss 1 "haras ed " by h
tral.ler cour t s who claim that th business male: s "too "' ch r..->~
Fett~rhoff s tated that th Build ing Dep artme~ has ir.sp c ed his
it b in compliance w1.th the Ord1.nance . Mr . F . t r ~ff stat
o ppo s d to the r ezo ing .
d the Ordinance ,
th
": hvwev r, Mr .
u s a::-d fou d
that he was
Furth r discus sion followed . Mr. Wa lters s ta ed h did ~' feel thPr was any
shortage of I-1 z oniP.g , bu tha w do n d t o k P th I -2 zonu.g that we have.
Mr . Walt r s asked why '1r . Nf' 1. on d i 't pure has 1 .d hat wa s zoned I -1?
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Dr . Walsh asked Mr . Nelson if he felt t he orig inal zo ing imposed on this propert y
was in error? Mr . Nelson replied that he didn 't want to get involved in that
matter . He stated he did feel that a second look should be taken at it now. He
pointed out that the time when the area was more undeveloped, there was more
enhancement for I -2 uses , but now that the area is developing he feels these
heavy industrial uses will move further out where there is room for expansion .
Mr . Lentsch again a s k ed for a show of hands of those persons in favor of th
request. Four persons indicated they favored the rezoning request .
Mr . Lentsch asked for persons in opposition to the request to raise their hands .
Five persons indicated they were opposed to the r zo ing request .
Lone moved:
Walsh seconded: The public hearing be closed .
The motion carried unanimously .
Lone moved :
Woods seconded: The matter be tabled for further consideration .
AYES : Wood s ; Senti ; Lone ; Lentsch
NAYS: Wal sh
The motion carried .
Mr. Lentsch s tated that the Commission wanted time to consider the material and
testimony presented at thi s hearing, and that in all likelihood , a decision would
not be made this e vening. He informed the audience that they were welcome to
remain if they so wished .
I V. BOULDER CONFERENCE.
Mr . Lentsch and Mr . Senti r e viewed the Planning Co nfe rence which was h e ld recen tly
at Boulder , Colorado . Mr . Senti stated that he felt it was enlightning , and
stated that one point that was stressed was that commu n ication between the Cit y
Council and Planning Comm ission must be maintained . He commen ted that he didn 't
feel we had that particular problem, inasmuch as we do have two councilmen
serving on the Comm i ssion.
Mr . Lentsch stat ed that a review of the preceedings of the previous day was given
the day he attended . He stated that he too f elt that the ma tter of communication
between city , c ounty, and state planning agencies wa s stressed . He stated that
he also understood that we must have "local" planning, or the federal government
will tak over tha t function . The importance of i nvolving citiz ens in the planning
program was discussed , and he stated that it was mentioned that the planning p ro-
gram must be "so ld" to the people , and not forced on them .
Further discussion followed .
Lone mo v ed:
Walsh seconded: The me eting be ad journed .
The motion carried; the meeting was declared adjourned at 9:05 P . M.
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Date:
Subject:
Act ion:
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MEMORANDUM TO THE E GIEWOOD CI TY COUNCIL REGARDING ACT.t.O~ F I C I A L
OR RE COMMENDATION OF THE ENG LE'.roo D WATER AND S~~ CIL DOCUMENT n-I ...,,, Tr)
4 '70
Apnl 2 , '<70 COU CIL MEETI G FILE
(l • e ) of c:!roo. ~l'OWaUtG~ !j)D. COLO. Pure
'ti ater and Sewer Board held
of offer, by Marvin W. and
Mr. Coo
$7 50
chang
r hts
Enp e od 1 Colo rado , to
of McB r oo Dltch water rights
offered a pr ice of over
propos ed to file for a
Bear Creek , rem oving the
Mr . Cooper had no , a
offered.
i s ~me 1 related the exact price he had be en
The matter was referred by the Water and Sewer Bo ard to Mr . M. o.
Shivers , Legal Consu ltant, h r ough Mr . Carroll, Director of Utiliti es,
for his op i nion as to the value of1 and the City 's need for , additional
McBr oom Di tch rights .
The following letter from Mr. Sh i vers , under date of Apr i l 23, 1970 1
wa s re c e i ved in late afternoon April 24 1 1970, in the office of the
Director of Utiliti es :
•SHIVERS & BANT A
Atto rneys At Law
3470 South Sherman Street
Englewood , Co l orado 80110
Apr il 23 , 1970
Mr . Charles B. carroll , Jr .
Utilities D1re ctor
3400 South Elati Street
Engle wo od, Colorado 80110
Dear Chuck :
I ha ve always been of the op~n~o n that t he City
should own, ~f possible, a ll of the water in t he McBroom
Ditch . Th i s wa ter i s extremely valuable by reason of
i being the number one right on Bear Cr eek .
Wh ile I apprec i ate that the current existing Bear
Creek plant may not be adequate to efhciently handle
more McBroom water , I feel that ~t ~s almo st essential
that the rights of the C~ty n the ditch be not endangered
by permitt~ng outs1ders to become owners and partners in
the dit ch . If an outsider should purchase and attempt a
change of po1n of diversion, adverse affect on our existing
rlgh ts m~ght occur . Certa~nly we vould have to oppose a
t rans fer and th~s could be extremely expens~ve .
You are co rrect that 1n the past I ha ve not wishe d to
exceed our $7 50 per ~n ch, but c1rcumstances alter cases
and values o f water have incr eased, part1 cularly yearly
water such as thi s .
I c annot comment on the reas onableness of Mr . Cooper's
price s1nce your l etter does not ind~cate what that price
(Cont nu ed)
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Recommendation:
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is . It c ould we ll be that it ~s excessive , on the other
hand , I must be emphati c th at ownership of t his ditch is
very, very valuable , both at present to the City and
for the future .
Very truly yours ,
/S/ M. 0 . Sh i vers, Jr .
MOS/mp"
Also on Apr ~l 23, 1970 1 further advice was recei ved from Mr. Cooper
that the prospective purchaser had ma de a firm offer of $1 1 000
per sha.re; but, that he wo uld prefer to sell the rights to the City
of Englewood, at that price, if the C~ty is intere sted .
On Monday morn ng 1 Apr i l 27 , 1970 1 all available members of the
Englewood Water and Sew er Board were contacted by telephone by
the Recording Se c retary of the Board .
Mr. Sh ivers ' letter was read to eac h member contacted and each
member was advised of the pri ce off ered by Mr. Cooper, resulting
in the following ac ti on :
That the Englewood Water and Sewer Board immediately recom-
mend to Ci ty Council that t he purchase of eight (8) shares
(inches) of McBroom Ditch r ights, by the City of Englewood,
from Marv in w. and Mary W. Cooper, 3650 South Clay Street,
Englewood, Col orado, a t a pr ~c e of $1 1 000 per share or
$8 1 000 total , be au t ho rized, vi th this action by the
Englewood Wa ter and Sewer Bo ard to be ratified at its next
offi ci al meeting .
May or Schwab
Councilman Kre iling
Counc~lman Lay
Mr. Harder
Mr. Horton
Mr. Ro svall
Mr. Robohm
-Yes
-Yes
-Yes
-Yes
Yes
Yes
-Out of Town -Unavailable
oif 4 ~~--;-z-:·f) -V'~curt~
Recording Secretary
That the purchase of E ght Shares (Inches) of McBroom Ditch rights,
by the City of Englewood, Colorado, from Marvin w. and Mary W. Cooper,
3650 South Cl ay S t reet, Englewood, Colorado, at a price of $1 1 000 per
share or $81 000 to tal be au t hor i zed immediately .
Resp ectfully subm~tted,
ENGL&o'OOD WATER AND SEWER BO ARD
By :
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O FFICIAl:
CITY CO UNCIL D OCUM ENT,
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R E GULAR MEETING COUNC IL 1•1f::" •N G FILE
E NGLEWOOD PUBLIC LIBRARY ~J9 F. ENGLEWOOD, C O LO.
April 14, 1970
The regular meeting of the Englewood Public Library Board was called to order at
7:50p.m. by Mr. John Maxwell, Chairman.
Present: Mr. Maxwell, Mr. Miller, Mrs. Hoffman, Mrs. Jarrell and Miss lute.
Absent: Mrs. Simon and Mr. Dborlty.
A quorum was declared,
The minutes of the previous meeting were approved.
The Board discussed the Library Polley Display. The Board asked that the policy state-
ment be re-written to incorporate the sugested changes and that the revised statement
be submitted for approval at the May meeting,
The Librarian presented the statistical report for March, reporting a allgbt Increase
in circulation and an Increase in group visits,
Miss Lute reported on the adults attending the speed reading course, the course on
English for the Fore~ Born and the clus for becinning Investor.. Thirty people attended
the autograph tea held In the library for Mrs, Emily Self.
Brochures and information sheets were prepared for National Lihrary Week. Paperbacks,
of special interest to teenagers, were added to the library collection. Miss Smith,
Chtldren'a Librarian, is chairman of the Metro Area Readtnc Program whose theme this
year is ''Strike It Rich -Read",
A collection of 8mm films were loaned to the library by Thorne Filma. They will be used
on a trial basts for atx months to a year, The 66 films and a portable projector are avail-
able for loan to the library patrons for a 24 hour period,
Miss Lute reported on the new registration cards. Computerized registration started
on April 13 and all pelion& now regtatued and new patrons wtll be using this new system.
The first year cost Ia $5,400.00 with an oD-ping cost of $2. 700,00, The information
gathered will help with the selection of booluJ and provldinc hetter service to the patrons.
On Juoe 1, 1970, u.e Northern Colorado Processing Center m Greeley will cease operation.
The libraries in the Central Colorado Public Library Sys~m are making arrangements
with the Denver Public Library to furniab cataloging information fdr new books purchased.
Meeting was adjourned.
Ectfully Subm itted
.J..~ 'J·. L
anne Sec:tcwick
Recording Secretary
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CITY OF ENGLEWOOD, COLORADO 1 '-<1 1 C' /• ' ~ ) ..... c,r ov . ·r vi
BOARD OF ADJUSTMENT AND APPEALS -REG•i'LA*~I!llfiNG ', /o ''(2-"v-,..
MARCH 11, 1970 · {'~ -~, G"z ·. < •
<t">< '·c. Ooo r-11.. Cha~rman Wetterstrom called the meeting to order at 8:00P.M. 'C'o<.~
MEMBERS PRESENT : Wetterstrom, Arrestrong, Mezen, Clayton, Rhodus
MEMBERS ABSENT: None
OTHER OFFICIALS PRESENT: Wm. F. Br okate, Chief Building Inspector
George Calki ns dba
Serv;ce Oil Company
105 South Cherokee 195-195~ West Hampden
c ase No. 70-14
March 2, 1 9 70
At the March 2, 1970 Board meeting the applicant requested a variance f or
late registration of a service station in a B-1 zone and an extenstion of
time over the p ermitted 180 day to repair a fire damaged non-conforming
use . The Public Hearing was continued for further information from the
City Admi~istration.
Mr . George Calkins, owner of the service station, was present at the meeting
and gave the following information under questioning from Attorney Pry or.
He states it is a small location but they have service stations in var ~e d
locations. There are stations all over the metro area that are on sm~ll
corners with heavy traffic. They have never had in the history of t~e i r
company, as f ar as, delivering the gasoline any fires or accidents, s pillage
or any thing of that nature. There are four underground tanks at th i s station
with the capacity of 560 gallons. They have been using a 1500 gallon tank
truck with compartment tanks in amounts of 500 , 400, 300, 200 ~~d 100 gallon
capacity with bulkheads between each tank. The truck is completely off
the street and doe s not obstruct sideway when making delivery .
Captain Hartley
Englewood Fire De partment -The Fire Department feels there would be a
sa f ety hazard when leaving the station the truck would have cross traffic
lanes and obstruct traffic. An y time there is congested traffic there i s a
traffic problem and there i s public safety involved. Traf fic would have
difficulty coming out of a business on this corner, but to say just any
business, no, but any time there would be a number of cars as there would
be in and out of a service station.
Russell Woods
Pl a nning Commission -The property has been non-conforming since 1 955 and
there ar e 110 perm~tted uses in a B-1 zone. The Planning Commission feels
on that bas~s insomuch as the station is no longer there the y should not be
permitted to rebuild . If the station is g oing to h a ve a lot of volum the
tanker will be going in and out a considerable number of times or have a
bigger tanker with more e xposure .
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~k d The ire s ore across the street a 201 West Hampden, was there a
v:3.r1'lnce in the zone to permit th's sto e?
Woo s ~ As unde r s and ey are going o ear out the l i quor store and the
bu1l d ~ng on tr e co rner for this store. !f there were a department store
s uch a s the May Company, Denver Dry or J. c. Penney and they had in connection
w1th it a t ire and battery service, exclud ing he gas, naturally, they would
be perm1 ted to sell t i res and do brake rel ining . Well, I would have to say
that 1f in fact that it is a non-conforming ype of operation the planning
and Zon1ng Commission could approve it . Although there are 110 permitted uses
1n a B-1 zone -there is some latitude or s om e variance that the Planning
Commi ss io 1s granted for a type of an operat 'on that is not going to be
detrime .t 1 to the he a l th, safety or we lfare ofthe public and I would th i nk
that this wou ld be one of t h ose variances t hat we could grant.
Thie i s not o ur main concern.
concern ed i s the gasoline i n a
road go i ng i nto that conge s te d
i s n ot a permitted use .
Kells Waggon er
our concern as far as a filling stati on is
congested area and the heavy tankers on the
area and the fact that the filling s tation
D1rector of Public Works -states he i s neither for or against the Board
approving or d i sapproving the reinstallation of the service station, this
is a Board decision . The Planning commission as I understand did d i s c uss
the installation of tires and batteries in conjunction with the tire and
batteries asle store and determined the installation would be considered
an access o r y use. As I read the ordinance the definition of an Accessory
Use is unclear -a use which is clearly incidental to and customary found
in c onnection with and located on the same lot as the principal use . I
d n 't know whether the ins tallation of the t i res and batteries is cus tomar ily
1nciden al wi h the sales or not . '!·here are several places that sell tires
and batteries that don't install them and there are other places that do
1nstall them. I think this is a Board determi nat ion .
A g rage 1s defined, as a ny garage other than a private gar age available
co the publ1c operated for a gain and which is used for storate, ren al ,
greas1ng , wash1ng, se rvicing or adJusting automobiles or other mo tor veh1cles.
Now 1f 1n the case of the fill1ng station, i f a garage can be classed as
one that stores automobiles, or one that washes automobiles or one t hat
ser 1ce au omobiles, then possibly the installation of tires and b tteries,
s 1nce thi 1s the servicing of automobiles, could be classed as a garage. A
garage is not authorized i n a B-1 zone. It is authorized in a B-2 Zone.
So I hink thi s i s all brought about by my original memo to the Board of
Ad usbnent , hat because the tire and battery installation store was going
1n across the street, that the Board would be j ustified in approving the
re 1n stallation of the filling station, since f1lling stations are als o allowed
in a B-·2 zone .
Rh odus . We l, ! think the only thing i n volved here i s t e limit of 1!1\e .
!f t.h s ;11 n had started repa irin g before the 180 days he would have never
h~d t ~ co ~d befo e the Board . Therefo re, I make a motion that we gran the
v r n.:e and h t:l 'hn1ldinc; ho ~ st:>--ed a c co:: .. -n t..> the building code.
No one second e d t h e mo 1 0 n, t.nc:uao . .-e, _ d~<'d for the lack of a second.
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layton moved,
Mezen seconded, due t o the extreme traffice congestion, the safety
hazard wh1ch has been presented to the Board by the
Fire Department and Planning Commission and due to
legally -to the fact -that the variance had gone
beyond the 180 days provided had expired and that
really the elimination of the operation in this
particular location, the elimination of it being
in public i nterest, I move the petition to re-estab-
lish th1s use be denied.
Ayes :
Na ys ~
Absent
Mezen,
Rhodus
None
Armstrong, Clayton, Wetterstrom
w. J. Mober ly
Case No . 70 -20
3650 South Galapago
Th e applicant 1s requesting a variance of an industrial property across the
street from residential property which requires 25 ft. setback to have a
10 ft. setback with an enclosed fence 8 ft. high.
The property has been posted and advertised for hearin g for tonight 's meeting.
Th e property is surrounded on three sides with industrial zoning . There was
no o ne present other than the applicant at the meetin g con cerning this
property ,
Rh odu s moved,
layton seconded, the variance to have a 10 ft. setback and to have
an 8 ft. enclosed fence be granted.
Ayes: Mezen, Armstrong, Clayton, Rhodus, Wetterstrom
Nays · No n e
Absent· None.
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Mr. and Mrs. I . .J. Tr ynor
2993 South Logan
Case No . 70-21
The appl ic n 1s request ing permission to use the basement for living quarters
for Mrs . Tr ynor's mother. Th e premises are a non-conforrn1ng duplex in an
R-1-zone o n a 75ft . frontag .
Th prope rt y h s been properly posted and adver ised for hearing.
Mrs . Tr ~ynor s~ys h r mo h r 1s 83 y
un bl t o ake c r of and she
b as ement wh1ch would b a n1c
1f sh n dPd help.
s a big hous wh1ch sh is
alon • Th1s dupl x h s a, finished
nd there would b p opl upstairs
There w s no o n pres n at the hearJng 1n oppos1t1on.
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Mezen moved ,
Rhodus s econded , the hear i ng be closed and the decision to be
announce d at the spec i al meeting of the Board
to be held March 23, 1970 .
Ayes: Mezen, Clayton, Rh o dus, Armstrong , Wetterstrom
Nays: None
Absent : None
Arnold Brown
4 299 South Lipan
Case No. 7 0-23
The applic ant is requesting permission to raise trees 10 to 12 ft . high, which
would be i n tubs. The property has been properly posted and advertis ed .
The appl icant stated he will be raising trees to sell, The portion of the lot
has been a garden plo t. The adjacent property owners signed statements of
no objec tion to the proposed use . There would be no signs on the pro p erty .
Clayton moved ,
Mezen se conded, s ince the adjacent pro~rty owners had no object ions,
Ayes :
Nay s :
Absent :
a license for one year be granted subject to revoc at ion
on justifiable complaint. A license on a year to
ye ar basis.
Mezen, Clayton, Rhodus, Armstrong, Wetterstrom
None
None
Ber t. Wrat.islow Case No . 70-24
3064 South Umat illa
The applicant is requesting permission to keep two colts until June of 19 71 .
He states h e has had horses at this location for the last eight y ear s . He
raises horses for racing . He states the colts have to be babied because
they a re throughbreds. He wants to keep these until June of 1971 when they
will joint the racing str i ng.
Clayton moved,
Mezen s e conded, a license be granted to keep the two colts
until June of 1971. The license is subject
to revoc ation upon justified complaint.
Ay es: Mezen , Clay ton, Rhodus, Armstrong, Wetterstrom
Nay s: Non e
Absent: No ne
There beLng no further business to come before the Board the meeting was
adjourned at 11:00 p . M.
Susie Schne ider
Recording S ecretary
APPROVED ________________________ ___
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I NTRODUCED AS A BI LL Y CO CI UPJ
BY AUTHO RITY
ORDINANCE NO . /1-.. ,SERIES .QF 1.970
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) AN ORDIN C£ AME ND ING SECTION 6.7-15 ENTITLED "VETEI~'S
PREFERE CE, SUBSEC TIO N (b) PERIODS OF SERVICE" OF THE
1lTt ICIPAL COD E OF THE CITY OF ENGLEWOOD, COLORADO, BY ·~c.;:;'~~,...
CONl'OiMING SAID Oi DINANCE TO THE PROVISIONS OF ARTICLE · c.-
XII, ECTIO~ 14, CO 'STITUTION OF THE STATE OF COLOIADO.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENGL -WOOD , COLORADO:
Section 1. That Section 6.7-15 (b) of the Municipal
Code of the City of Englewood is hereby amended to read as follows a
Section 6 .7-15
The Periods of War for which points are added include:
The Period of the Spanish-timerlcnn ~ar; the Pe riod of the
Phlllipine ln.urrection; the Period from April 6, 1917 to
November 11 1918, both iDcbuive; the Period from December 7,
1941 to Aprh 28, 1952, both incluaive; the period of any war
in whieh the United States .. y hereafter engage.
The /,:rmed Forces a bove referred to are the United States
Army, the Unl~ed States Navy, the United States Air Force,
and the United States Marine Corps; and ehall include those
who served in the United Stat., Coast Guard durinf the period
cannencinf Deeaaber 7, 1941 and endilli April 28, 952, both
dates inc usive,and any future war in which said Guard shall
be actively engaged.
Introduced, read in full and passed on first r eading on
the ' dAy of , ¥'1 .., , 1970.
Pu,blhhed as a Bill for an Ordinance on the ,__...;: ·~: day of ....t ¥ !:<., , 1970.
Read br title and paesed on final reading on the ~~
day o f /!<?? , , 1970.
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Published by ~itle •• Ord~e No. / ·' , Series of
1970, on the ' · day of ):1,//:4;1 1970.
Mayor
Attest:
Ex-officio City Clerk-Treasurer
I, Stephen A. Lyon, do hereby certify t ha t the above and
fore going ia a true, accurate and ~lete copy of an Ordinance
paued on final rudina and publbhed by title •• Ordinance
No. , series of 1970.
Attest:
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x-officlo City Clerk-Treasurer
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IlftRODUCBD AS A BILL BY COUHCILMAR:__ _ __;,c-M.=~"""'lf:J;:::..;..,~/~§>;.:!:-~b..,...,--~;,., ~"t
BYAl71'BO~
ORDIIIAIICE 110. -~+--''---' SBRIBS OP 1970 c. C'o,. ,.,.r v 'c
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AII ORDIIIAIICE AUl'IIOJUZI•G 'l'RB SALE OP 'l'BE CITY 'S' .SirtB-.s'!'
1• ltBAL PROPERI'Y '1'0 'I'D aGLaWOOD SCHOOL DIS'l'RIC'l' -• ._ 1.
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WHEREAS, the City of Englewood haa acquired an intere
to certain unimproved real property hereinafter deacribed,
by that certain Treaaurer'a deed dated and recorded October 28,
1969 at BOok 1839 at Page 115 of the official recorda of the
clerk and Recorder of Arapahoe county, colorado, and,
MBEaBAS, the Inglewood School Diatrict ao. 1 ia deairoua
o f purchaaing the intereat held by the city for achool pur-
poaea and the city ia dea i roua of eelling ita intereat in and
to aaid parcel of land to the Englewood School Dietr i ct Mo. 1
f or aaid acbool purpoaea,
IIOW, 'l'BBUPOU, 8B rr OltDAIJIBD BY THE Cl'l'Y COUIICIL OP
'1'IIB CITY OP IIIIGLBWOOD, COLORADO, aa followar
Section 1. It ia hereby ordered and directed that
the following deecribed parcel of land be aold to the Ingle-
wood School Diatrict ao. 1 for echool purpoaea, for a total
purchaae price of six HUndred Dollar• ($600.00).
Section 2. That upon the effective .Sate of this
orcSinance the Myor of the city of Englewood ia hereby
authoriaed and directed to execute a Quit claia DeecS to
Inglewood School Diatrict ~. 1, conveying the following
deacribed parcel of property for achool purpoaea, to witr
The weat 60 feet of Lot 28, Block 2,
so~• GAaD•s AIIIIBX, Arapahoe
county, state of colorado
Introduced, read in full and paaaed on firat reading
on the 20th day of April, 1970.
rl ..., Publ,S..:hed .:' a Bill for an Ordinance on the __ )..,...,~-
day of , 4 t1 1,L • 1970. 0
Read by title and ~aaecS on final reading on
-::;/ day of -;nJP , 1970
the
Publiahed by title aa Ordinance ao. -, ..., , Seriea
of 1970 on the ,...., cSay of )z7 4/ • 1970.
Mayor
A'l"l'UTr
ea-ol ticlo city clerk
I , Stephen A. Lyon, do her by certify that the above and
t orecjoing b a true, accurate and co.tplKe copy o f an ordinance
paaaed on fina l reading and publiahed by t i tle aa ordinance ~.
___ _.~-------· seriea o f 1970.
A'l"l'BI'I'r
ea-olliclo city c ieri
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\~~ ~~~ L ~"'0,. C aoCLl . ~~~~eo AS A BILL BY COUNCILMAN. ____ ~~~~~Z o&~~~,~c(.~-~-------------
c \"t"i c ' ·' . I
4 1\J ~ BY AUTHORIT/Y "'
9 · ~CE NO. -----'-'--J_, SERIES OF 1970
1\'1 CO
, 1"--• >tJOO O· ~u ~ c:."--€-~~AN cc: Al1rHORIZING THE SALE
C\ REAL PRO PE RTY TO THE ENGLEWOOD
OF THE CITY'S INTEREST
SCHOOL DISTRICT NO. 1.
WHEREAS, the City of E~glewood has acq uired an i nterest
to certain unimproved real property hereinafter described,
by that certain Treasurer's deed dated and recorded October 28,
1969 at Book 1839 at Page 115 of the o ffi c ial records of the
Cl erk and Rec order o f Arapahoe county, colorado, and,
WHEREA S , the Englewood School District No. 1 is desirous
o f p urchasing the interest held by the City f or school pur-
po ses and the city is desirous of selling its interest in and
to said parc e l of land to the Englewood School District No. 1
f or said school purposes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. It is hereby ordered and directed that
the f ollowi n g described parcel of land be sold to th e En g le-
wood School District No. 1 for school purposes, for a total
purchase pr ic e of Six Hundred Dollars ($600.00).
Section 2. That upon the effective date o f this
ord i nance the Mayor of the city of En g lewood ts hereby
authorized a nd directed to execute a Quit c l a~m Deed to
Englewood School District No. 1, conveying the follow1n g
described parc e l of property for school purposes, to wit :
The west 60 feet o f Lot 28, Flo ck 2 ,
SOUTHLAWN GARDENS ANNEX, Ararahoe
county, state of colorado
Introduced, read in full and passed on ft rst read 1ng
on the 20th day of April, 1970.
Pub}-?s11e.d as a Bill for an Ordinance CJ n che
day of ~j , 1970.
Re~d by title a~ passed on final rea d in on the
__ __,:_ __ day of __22 .h)t(; , 19 70
o f
Published by title as Ordinance No. ~ ~' , Se ries
19 7 0 on the /' day of ) l )c?r :..__ .-19·70.
Mayor
ATTEST:
e x -officio C Jc y clerk
I , S te phen A. Lyon, do hereby certify th at t he above and
fore g oing 1s a tru e , acc urate and complete copy of an Ordinance
pa s sed on ;i nal read i n q and publis hed by title as Ord in ance No.
--------~~J _____ , Series o f 19 70 .
ATTE ST:
ex-o fftcio C1ty clerk
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INTR~~UCED 0-S
\ 6 '( cOV R ILL BY COUNCILMAN ____ ~\~,~(~~c~<~f~~--·~)~1 ____________ _
, ov ·
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BY Alll'HORr;Y
ORDINANCE NO. Lf S E RIES OF 19 7 0
,__~;--v
) AN OR DI NAN CE AWARDING CONTRACTS r'OR CONST RUCTION OF IMPROVE-
MENTS ON HAMPDEN PLACE BETWEEN SOUTH CHEROKE E AND SOlll'H
E LATI CON S I STING OF CONCRETE AND PAVING, TO J & N CONCRETE
CO. AN D TO PETER KIEWIT S ONS'CO.
WHER EAS , the City council o f the Ci t y o f En g lewood
has au t hor ized street i mprovements f or Hampden Place between
S ou t h Che rokee and s outh Elat i Streets and,
."lHEREA <', said improvements i nvolve the i nstallatJ o n o f
co n cr e t e for curb and g utter as well a s a spha lt i c concr e t e
f or s tree t p a ving of said area and,
WHE RE AS , t~e lowest and best bi& f or sa i d i mpro v ements
we r e r e c ei v e d f rom J & N concrete co. and Peter Kiew i t sons' Co . and ,
WHEREA S , s aid bids are below he engt n.e ers' estimat e s o f cost,
N m~.THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Or' THE
CI T Y OF EN GLE .-IOOD, COLORADO, as follows:
Sect i o n 1 . That the provisions of the agreement with J &
N c oncrete c o . whereby said company p ropos e s to install to
spe ci fi cat io n a ll concrete curb, g utter, sidewalk and c oncr e t e
na n wi th mesh for a total price o f $2,969.3 0 on West Hampd en
Plac e as de sJq nated on drawings subm i t ted b y t he City En g Jn e e r
is h e r eby accepted and ratified by the c i•y c ouncil.
S ect 1nn 2 . That the provis i o ns o f t he a g reement with
Peter Kiew Sons' co., whereby sa i d c ompan y proposes to
e xca va te, :ns all base course, adjust manhol e , apply p rime
coat and asph alt i c concrete to specification s and as d e si q nated
b y th e Cit y En g ineer for paving 300 -400 We~t Hampde n Plac e
f or a total price of $5,088.52 is hereby acce pted a nd rati fied b y th e c it y counc i l.
S ect i on 3. That the Mayor and City C l er ~ are hereby
authorized and d1rected to execute said a q r ePments on behal f
of the City of Englewood.
Sect ion 4. That the actions o f al l o ~fJce r s , e mpl o y ees ,
and g ents o f the C i ty of Englewood h er e to t o r e u nde r tak e n
to c a rry ou t and f ulfill the purposes o f s a td a g r ement s ,
a r e hereby f ully accepted, approved and r a 1 fi ed w1 t h t h Q
same f orc e and effect as if they had be e n :u lly acce p t e d ,
a ppro ved a n d ratified by ordinanc e duly e n act e d pr i o r to the
da t e o f e ac h and all of such acts.
I ntr o duced, read in full and p assed o n fi r st re a dJn ~ on
th day of c /("J(, r , 1 7 0 .
o f P ub l ished a s a Bi ll f or an Ord in a n c e on th e ~ '1 '?
/.-j1 1 , 19 7 0. da y
Read b~ ti t l e and p assed on final r Padin 1 o n thP
da y o f /'a . 1 9 7 0 -~/
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P u lished b y title as Ord i n a n ce No . /-/ , S er i e s o f
' ~, 1 9 70 , on th P ci a y o f , /-/ , 1 970 . _____ ..___ --:x.:::.--
ATTES T: Ma y or
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ex-officio c i ty clerk .
I, Stephen A. Lyon, do hereby certify that the above and
f oreg oing L S a true, accurate and complete copy of an Ordinance
passed o ~1 nal reading and published b y t it le as Ord i nance No.
1~ , Series of 1970 .
. ATTEST:
ex-offic i o city clerk
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~~ ~>-'-'v""'~ c ' o G 0 -;r~ED As A BILL BY coUNciLMAN '-1 ;, ( r. ,. T
0 0 1'-' G ~ ~~ .
t\ 1 \'''--€:. O· BY AIJl'HORITf ~ ·t~ 1~0 c «»>>DINANCE NO. _-:I_ SE RIES OP 1970 ~1:-' oO · .... ~ -..ri O
C}'--c,\.-~ G~~~I NAN CE AWARDI NG CONTRACTS FOR CONS T RU CTION OF IMPROVE--\~1alffi".fs-ON HAMPDEN PLACE BETWEEN SOIJl'H CHEROKEE AND SOIJl'H
G ELATI CO NSI STI NG OF CONCRETE AND PAVIN G, TO J & N CONCRETE
CO . AND TO PETER KIEWIT SONS'CO.
WHER EA S , the City council o f the city o f Englewood
has authortzed street i mprovements f or Hampden Place between
South Cherok ee and South Elati Streets and,
WHEREA S , said i mprovements involve the i nstallat i on of
concrete fo r curb and g utter as well as asphaltic concr ete
f or street p aving o f said area and,
WHERE AS , the lowest and best bi& for s aid i mprovements
wer e receiv e d f rom J & N concrete co. and Peter Kiew i t Sons '
co. and,
WHEREAS, said bids are below the engineer s' est1 ma tes
o f cost,
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as f ollows:
Section 1. That the provisions o f the ag reement with J &
N concrete co . whereby said company propo se s t o install to
specification a ll concrete curb, gu tter, sidewa lk and concr ete
pan with mesh f or a total price o f $2,969 .3( on West Hampden
Place as desJ g n ated on drawings submitted b the city En g 1neer
is hereby accPpted and ratified by the Ci t y ·o uncil.
Section 2 . That the provisions o f t h ~ a ,reement with
Peter Kiew .t Sons' co., whereby said c ompan1 propos es to
excavate, t nstall base course, adjust manhcl .. , apply p rime
coat and asph altic concrete to specificat u Jn '> and as designated
by th e City ~n gi neer f or paving 300 -400 w .t Hampden Plac e
for a tot al p rice of $5,088.52 is hereby .:~c-c p ted and rati fied
by the Cit c ouncJ.l.
Sect i o n J. That the Mayor and City C lerk are hereby
autho rized and d i rected to execute said a l TPements on beh a lf
o f the Cit y of Englewood.
Sectior. 4 . That the actions o f .1 o : b c~rs, emplo v~Ps ,
and a g ents o f the cit y o f Englewood h n•tot o re u nd e rt ak p •J
to carry ou _ a nd fu l fi ll the purpose s o f said a g reem nt ~,
a r e hereby f •tlly accepted, approved and r a t1f1ed w1th the·
same f orce •nd e ff ect as if they had been t ~l ly accepted,
app roved ana ra ti fi ed by ord inance duly P nacted prior t o the
date of each a nd all o f such acts .
Introduc ed , read in full and pass ed on fi rst read l,J on
th ' ___ day o f 1 1&1 ' 1 , 19 7 0.
'
Publis~ ed as a Bill or an Ord1 n ne e on th e ---~--d.1 y
o f .,, ; , _ , 19 7 0.
Read b~ t:1tle and passed on
day o '' { , 19 7 0
i n al r eaJ 1n J on the -<,/'
/"
Pu l ishe by titl
1 9 '0 , on thP d y _/-/ , Sc r 1 es o
• 19 70.
ATTEST:
Ma yor
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e x-o ffic i o c i ty c lerk .
I, Steph n A. Ly on, do hereby cert ify that the above and
f o reg oin g •s a true, accurate and compl ete copy o f an Ordinance
pa s sed on •t na l r e ad i n g and publ i s hed by t itle as Ord i nance No.
/~ , Ser i es of 19 70.
·ATTES T:
e x-o ffi c i o C ity Cl e rk
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AN ORDINANCE AMENDING "THE MODEL TRAFFIC CODE", CHAPTER 25.1
ENTITLED "TRAFFIC AND MOTOR VEHICLES" OF THE MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD, BY ADDING A NEW SECTION THERETO
RESTRICTING PARKIN G OF SPECIAL MOBILE EQUIPMENT, TRAILERS,
TRUCKS, AND COMMERCIAL VEHICLES WITHIN ANY RESIDENTIALLY
ZONED AREA OF THE CITY OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE-
WOOD, COLORADO as f ollows:
Section 1 -"THE MODEL TRAFFIC CODE"
chapter 25.1 entitled "Traffic and Motor Vehicles" of
the Municipal code of the city of Englewood is hereby amended
by adding a new section thereto as follows:
Section 25.5 -Article XI, Section 11-5-RESTRICTIONS ON
SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS, AND COMMERCIAL
VEHICLES
(a) It shall be unlawful for the operator or owner
of any automobile, bus, transport trailer, moving van, ~~k
transit-mix concrete truck, trailer, semi-trailer.~ --c4 u (
truck, whose manufacturer's rated capacity is in excess lJ
(
o f three-quarters of a ton, or special mobile equipment
as defined herein, to stop, stand, or park such vehicle
or to cause such vehicle to be stopped, stood, or parked
in any residentially zoned area of the City and on any
street adjacent to said resident ially zoned area o f said
City at any time except when such vehicle is being ex-
peditiously loaded or unloaded, or mobile equipment is
being used to perform the special operation for which it
was desi g ned, on any street or highway, alle¥• or other
public way within the City of Englewood .
~ The term or phrase "Special Mobile Equipment"
shall for the purpose of this ordinance have the following
meaning :
Stecial Mobile Eguitient -Special mobile equip-
ment s all consist o f ve icles self-propelled or
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ATTEST:
otherwise, designed primarily for operation or use
on or off the streets and highways and only inci-
dentally used or moved upon such streets or highways.
This definition shall include by way of example and
not by way of limitation snowplows, road construction
or maintenance equipment, ditch digging or excavating
apparatus, well drilling or boring equipment, fire
fighting equipment and vehicles designed to transport
equipment and vehicles used in connection with or for
the repair and maintenance of construction or main-
tenance equipment temporarily or permanently mounted
on such vehicles provided such equipment is trans-
ported from yard to job, job to job, or job to yard,
and equipment primarily designed for hoisting, lifting,
moving, loading, or digging operations. The foregoin g
definition is partial and shall not exclude other
vehicles of unusual design, size or shape that are
designed primarily for purposes other than transporting
merchandise or passengers .
Mayor
EX-OFFICIO CITY CLERK
I, Stephen A. Lyon, do hereby certify that the~v~
foregoing is a true, accurate and complete copy of 0 f<9''0 "
passed on ~-reading and published , by ti~le •• 8nltn~ ~ n <.t ..... ~
Nee-'f-<-.....cv-, Series of 197~ Vh 'f'-
ATTEST:
ex-officio city clerk
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Itn'RODUCED AS A BILL BY COUNCILMAN ,_.LJ-~<<L-,J ·~~~~-----------------------
· BY AlJl'HORI.TX . -::
'ORDINANCE NO. ~ , SERIES OF 1970
AN OliDINANCE AMENDING "THE MODEL TRAFFIC CODE", CHAPTER 2 5. 1
ENTITLED "TRAFFIC AND MOTOR VEHICLES" OF THE MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD, BY ADDING A NEW SECTION THERETO
RESTRICTING PARKING OF SPECIAL MOBILE EQUIPMENT, TRAILERS,
TRUCKS, AND COMMERCIAL VEHICLES WITHIN ANY RESIDENTIALLY
ZONED AREA OF THE CITY OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE-
WOOD, COLORADO as follows:
Section 1 -"THE MODEL TRAFFIC CODE"
chapter 25.1 entitled "Traffic and Motor Vehicles" of
the Municipal Code of the City of Englewood is hereby amended
by adding a new section thereto as follows:
Section 25.5 -Article XI, Section 11-5 -RESTRICTIONS ON
SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS, AND CCIOU:RCIAL
VEHICLES
(a) It shall be unlawful for the operator or owner
of any automobile, bus, transport trailer, moving van, ' r
transit-mix concrete truck, trailer, semi-trailer,..ror-l,(JC
truck, whose manufacturer's rated capacity is in excess ' ,~.~
of three-quarters of a ton, or special mobile equipment
as defined herein, to stop, stand, or park such vehicle
or to cause such vehicle to be stopped, stood, or parked
in any residentially zoned area of the City and on any
street adjacent to said residentially zoned area of said
city at any time except when such vehicle is being ex-
peditiously loaded or unloaded, or mobile equipment is
being used to perform the special operation for which it
was designed, on any street or highway, alley, or other
public way within the City of Englewood.
(b) Tank trucks, tank trailers, or tank semi-trailers
shall not park upon the streets, alleys, public or private
places within the City except when entirely empty, and
then only for a period not exceeding one (1) hour. No
tanks of such vehicles shall be repaired except when
completely empty from inflammable liquids and only after
being thoroughly steamed or washed to re~ve all ex-
plosive vapors. No tank truck, tank semi-trailer, or
tank trailer used for transporting liquified petroleum
or gas, whether loaded or empty, shall be parked or
allowed to remain upon the streets, alleys, or other public
property or upon any private property within the City ex-
cept when actually engaged in filling storage tanks or
while under repairs.
(c) Other provisions of this code reg ulating the
transportation and storage of f lammable liquids and gases
shall remain in full force and ef f ect and are not re-
pealed thereby •
(d) The term or phrase "S p ec i al Mobile Equipment"
shall for the purpose of this ord i nance have the f ollowing
meaning:
S~ec i al Mobile EqUi~ent -Spec i al mob i le e q uip-
ment s all consist of ve~cl es se l f -propelled or
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otherwise, designed pr i marily fo r operation or use
on or of£ the streets and hi g hways and only inci-
dentally used or moved upon s uch streets or highways .
This definition shall include by way of example and
not by way of limitation snowp lows, road construction
or maintenance equipment, d ~tch digg in g or excavating
apparatus, well drillin g or bor~n q equipment, fire
fightin g equipment and vehicles designed to transport
equipment and vehicles used in connection with or f or
the repair and maintenance o f construction or main-
tenance equipment temporaril y or p ermanently mounted
on such vehicles provided such e~uipment is trans-
ported from yard to job, job to job , or j o b to yard ,
and equipment primarily desi g ned f or hoisting, lifting,
moving, loading, or digging operations . The foregoing
definition is partial and shall not exclude other
vehicles of unusual design, size o r shape that are
designed pr i marily for purposes other than transporting
merchandise or passengers.
Int;?duced , read ::: full and passed on first read1ng on
the =---0 day of L£,4J , ( , 19 70 .
!'Y~lis .h ed as
o f ~--< ./
a Bill for an Ordinance on the -~ ~
• 1970. day
Read by title and passed on fina l reading on the ---------
day of --------• 1970.
Published by title as Ordinance No. , Ser1es of
19 7 0, on the day o f -----------• 1970.
Mayor
liTTEST:
EX-OFFICIO CITY CLERK
I, Stephen A. Lyon, do hereby certi fy that the above and
f oregoing ~s a true, accurate and comple e copy of an Ordinance
passed on final reading and published by t t Lle as Ordinance
No. , Ser~es o f 1970.
ATTEST:
ex-o ffic io Ci ty Clerk
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Introdu ced as a Bill by Councilman ___ D~h~o~r~i~tLy ________ __
Stanley H . Dail
*A BILL FOR AN ORDl~ANCE
INTER-OFFICE
'MEMORANDUM
DATE :
FROM : Kells Waggoner
SUaJKT: PAVING DISTRICT NO. 19
Bids were opened at 2:00 P.M. on Friday ,
construction of Paving District No. 19 .
and they are as follows:
Asphalt Paving Co.pa~
Peter Kiewit Sons' Co .
The Brannan Sand & Gravel Co.
May 1 , 1970 , for the
Three bids were received
$333,808.26
349,324.35
352,540.89
The Engineer's Estiaate was $337,860.00. I would recommend
that Asphalt Paving Company be awarded the contract on Paving
District No. 19. Asphalt Paving Company was the contractor
in 1963 on Paving District No . 13 .
The bids as stated above are total Sections A & B bids , the
breakdown of the low bid ·is as follows:
Section A
Section B
$244,511.54
89,296.72
Upon award of the bid , I will notify the contractor and will
set June 1 , 1970 , as the official starting date of the Contract
with 120 calendar days for coapletion.
~7ely, 'L~£~?u -0\7~
Kells Waggoner .
Director of Public Works
KW :pd
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INTER-OfFICE
• MEMORANDUM
TO · Stanley H . Da il DATE ·
FROM : Kells Waggon e r
SUaJICT : PAVING DISTRICT NO. 19
Bids were opened at 2 :00 P.M. on Friday , May 1 , 1970 , for the
construction of Paving District No. 19 . Three bids were received
and t hey are as follows:
As pha lt Paving Company
P eter Ki ewi t Sons' Co.
Th e Brannan Sand • Gravel Co .
$333 ,808 .26
349 ,324.35
352 ,540 .89
Th e Engineer's Estimate was $337 ,860.00. I would recommend
that Asphalt Paving Company be awarded the contract on Paving
District No . 19. Asphalt Paving Company was the contractor
in 1963 on Paving District No. 13.
The bids as stated above are total Sections A • B bids , the
breakdown of the low bid is as follows:
Section A
Sec tion B
$244,511".54
89 ,296.72
Upon award of the bid , I will notify the contractor and will
set June 1 , 1970 , as the official starting date of the Contract
with 120 calendar days for completion.
~"?:ely , '/(,~(!.., ~0 ~~~
Kel ls Waggoner .
Director o f Public Works
KW:pd
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M E M 0 R A N D U M 4 ··-,o ;:_;{
. nr G FI L£ c ou~·nL r .. ~:._.... oo. coLO·
S t anl ey H. Dial, City Ma nager O f L Gl C 'V TO~ C IT Y
FROM: Ste phen A. Lyon , Direc tor of Finance
DA'l·E : Ma y 1, 1970
SUBJECT: Paving District No . 19 Bond Btds
Bids we re opened at 2:00P.M., Thursday , April 30 , 1970, for
he i ssu ance of $372,000 in Pavi ng District No . 19 bonds . Th e
bids r ec e ive d were a s follows:
Firm
Kirchner , Mo ore and Company -Hanifen ,
Imhoff a n d Samfo rd , Inc .
Stern Bro t h ers and Com pany -W. E . Hutto n
a nd Company
Bo s worth , Su llivan and Compan y, Inc . -
Boet cher and Company -Coughlin and
Com pan y
Effec tive Rate
6 .32646 %
6 .460178%
7.30033 %
Th 20-Bo nd Index i n effect for April 30 was 6 .73%. This is the
s eco nd t i me in a row that the City of Englewoo d has ~ssued their
bonds fo r less th an the Index .
The n e t e ffective rate for Paving District No. 19 bonds was
5 .0898%, and the 20-Bond Index in effect on th a t date was
5 . 0 9",(, •
Director of Fin ance
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Introduced as a Bill by Counc ilman Dhority
*A BILL FOR AN ORDI~ANCE
**ORDINANCE NO. SERIES 1970
AN ORDINANCE AUTHORIZING THE I SSUANCE OF
CITY OF ENGLEW OOD , COLORADO , PAVIN G DIS-
TRICT NO. 19 BONDS; PRESCRIBING THE FORH
OF SAID BONDS, AND P ~OV IDIN G FOR THE PAY-
HE~j OF SAID BONDS AND THE INTERES T THEREON .
WHEREAS, Paving District No. 19, in the City of Englewood,
Color ado, has b een duly created by Ordinance No. 8, Series 1970,
of sa id City, finally adopted and approved on the 16th day of Harch,
1970; and
WHEREA S, Notice to Contractors to submit bids for the
c onstruction of the improvements in said Distric has been duly
published and the contract for such construction has been awarded
to Asphalt Paving Company
.o f Golden, Colorado a nd
WHER~~s. Notice of the sale of $372,000 of bonds for
said District has been duly published and suc h L0nds have b e en
awarded to IU.~.-, JIDOn aDd ~y and Baftif-, x.bc>U and lialoii
o f Den...-, Colo.--*» and
WH ERE~S, it is now ne cessary to provi ~e for the issuance
o f said bonds a<d the form and payment thereof;
BE IT ORDAINED BY THE CITY COUKCIL Ur rHE CITY OF
ENGLEWOOD, COLORAD O :
Sect i ( n 1. By virtue of and pursuan · to the Laws of the
State of Colorad o, the Chart e r and Chaptet 4 • f the Muni cipal Code
of the City, b o nds in the principal amo u n of $372,000 for P aving
Di strict No. 1 9 in said City s all b is u d ~o r the purpose of
paying for locn l improvements to be cons ruct d in said Paving
District. Bonds shall be da d n o f Ju•.( t. 1970, and shall con-
sist of 372 bonds in the den a in.ttion of 1,000 each, numbered 1
to 372, inclu si \ . Said bonds shall b<' pay n It· to bear r and shall
be du and paya hl on June l, 1981 , s11hject to cnll and prior p ay-
ment in d irect tumerical o er on any inters paym nt dat , upon
' *Ins e rt on Fin.t Publ icnti on
**Inse rt on S cond Pu blication
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thirty (3 0) d a y s' publ ished notice , upon payme nt of p a r and a cc ru e d
int erest . No ti ce of c al l and payment shall be publish e d i n a new s-
paper o f general cir cula t i on in the City one t ime at least thir t y
(30 ) days p rior to t h e date of redemption, and a copy of su c h
Not ice s h a ll be ma iled to the original pur c has e r of the bonds, at
the t ime of such publica t ion.
Section 2. Said bonds shall bear interest as evidenced
by "A " coupons attached to said bonds, payable on June 1 , 1971,
and s e mi-annually thereafter on June 1 and Decemb e r 1, ea c h y e ar ,
as follows:
rrAu
Bond Numbers Amount Interest Rate
1 to 130, incl . $130,000 5.~"' 131 to 185, incl. _55,000 5 .5'"' 186 to 234, incl . 49,000 5 .75" 235 to 271, incl. 37,000 6 .0'"' 272 to 300, incl. 29,000 r..l ~ 301 to 325 , incl. 25 ,000 6.15" 326 to 350 , incl. 25,00 0 6.~'"' 351 to 372, incl. 2 2 ,000 6.2"'
In add i tion to the "A " interest r a e set forth above,
said bonds shall bear additional int erest as e v idenced by supple-
mental coupons designated "B" payabl e on June 1, 197 1
·~~~-=~~-----------
----------------~-----------' at the ra t a n d for the p e riod
follows:
Bond Nu r •be rs
1 to l7l, iocl.
to t h e d ates indica t e d below, as
''B ''
Interest Rate
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"B"
In'tere s t To
June 1, 1971
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The princ ipal of and interest on sa i d b onds shall
be pa ya b le a t t he First National Bank of Eng lewo od, in Eng lewood ,
Colorad o .
Said bonds shall be signed with a facsimile sig-
nature of the Mayor, sealed with a facsimile of the seal of said
City, attested and countersigned with the manual signature of the
Director of Finance, ex-officio City Clerk, and the interest
coupons attached thereto shall be signed with a facsimile sig-
nature of the Director of Finance. When issued as aforesaid as
part of said bonds, the interest coupons shall be the binding ob-
ligation of the City according to their import.
Should any officer whose manual or facsimile
signature appears on said bonds or the interest coupons attached
thereto cease to be such officer before delivery of the bonds to
the purchaser, such manual or facsimile signature shall nev e r the-
less be val i d and sufficient for all purposes.
Section 3. The bonds and interest coupons to b e a ttached
thereto shall be in substantially the following form:
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STATE OF COLORAD O
No.
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<Form of Bond)
UNITED · STATES OF AHERICA
CITY OF ENGLEW OOD
PAVING DISTRICT NO . 19
BOND
COUNTY OF ARAPAHOE
$1,000
The City of Englewood, in the County of Arapahoe and
State of Colorado, for value received, hereby promises to pay to
the bearer hereof, out of the special fund or funds hereinafter
designated but not otherwise, the principal sum of
ONE THOUSAND DOLLARS
in lawful money of the United St ates of America, on the 1st day
of June, 1981, with interest thereon as evidenced by interest
coupons designated "A" at the rate of
per centum ( _______ %) per annum from da te until payment, payable
on June 1, 1971, and semi-annually thereafter on the 1st day of
June and the 1st day of December, each year, and additional in-
terest as evidenced by interest coupons designated "B" at the rate
of
per centum ( _______ %) per annum
for the period from l, 19 to 1, 19
inclusive , payable· on -------------------------------------, both
principal and interest being payable at the First National Bank of
Englewood, in Englewood, Colorado, upon presentation and surrender
of the attached coupons and this Bond as they sevetally become due
or are called for payment.
This Bond is subject to call and red emption in regular
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accru d interest, on thirty
days notice published in a newsp aper of general circulation in the
City of Englewo od, Colorado.
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This Bond is issued for the purpose of p aying the costs
of street and alley improve ments in Paving District No. 19, in
the City of Englewood, Colorado,by virtue of and in full conform-
ity with the Constitution and Laws of the State of Color ado, the
Ch arter o f said City, Chapter 14 of the Municip al Code, and an
Ordinance of the City duly adopted, approved, publish e d and made
a law of said City prior to the issuance hereof.
This Bond and the interest thereon are payable solely
out of the proceeds of special assessments to b e levied upon real
estate situated in the City of Englewood , Color ado, in Paving Dis-
trict No. 19, specially benefited by said improvements, which as -
sessments so to be levied, with accrued interest, will be liens on
said real estate in the respective amoun ts to be apporti oned thereto
and assessed by an ordinance of said City, and , if necessary , from
the Surplus and Deficiency Fund heretofore created pursuan t to the
Chart er of said City.
The Char ter of said City provid es: "Whenever a public
improvement distr ic t has paid and cancelled four -fifth s of its
bonds outsta nding , and for any reason the remaining assessments
are not paid in t~me to take up the final bonds of the District
and in terest du e thereon , and there is not sufficient money in
said special surplus and deficiency fund, then the Ci ty shall pay
sai d bonds when du e and interest due thereon and reimburse itself
by collecting the unpaid assessments due said district."
It is hereby certified and recited that the total issue
of bonds of the City 'or said District , including this Bond, does
not exceed the amount authorized by law; that every requirement
of law relating to the creation of said Paving District No. 19,
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the construction of said local impro v e ments and the issuance of
this Bond has b ee n fully complied with by the proper officers of
said City, and that all conditions required to exist and things
requ jred to be done precedent to and in the issuance of this Bond
to r e nder the s am e lawful and valid, have happened, been properly
done and performe d, and did exist in regular and due time, form
and manner, as required by law.
For t he payment of this Bond and the interest there on,
the City pledg es all of its lawful corporate powers.
IN TESTIMONY WHEREOF, the City of E~glewood has caused
this Bond to be signed with a facsimile signature of its Mayor,
atte sted and countersigned by the manual signature of th e Director
o f Finance, sealed with a facsimile of the corporate seal of said
City , Hnd the interest coupons hereto attached to be signed with
a fa csimile signature of the Dire ct or of Finance, as of the lst
day of June, 1970 .
(FACSIMILE)
(SEAL)
ATTESTED AND CCU NTERSIGNED:
(Do no t s i~n)
Director of F nance
(Facsimi l 1~ Signature)
Mayor
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No.A -----No.B
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(F.orm of Coupo n )
$ ___ _
$ ___ _
June,
On the lst day of December, 19_, the City of Englewood,
in the County of Arapahoe and State of Colorado, wiU pay to the
bearer the amoun t shown hereon in lawful money of the United States
of America, at the First National Bank of Englewn od, in Englewood,
Color ado, being interest then due on its local improvement bond
issued for the construction of local improvements in Paving Dis-
trict No. 19, Englewood, Colorado, provided the Bond to which this
coupon is attached shall not have been theretofore called for pay-
mentor paid. Attached to Bond dated June l, 1970, bearing
No.
(Facsim i le Signa t ure)
Dire c tor of Fina nce
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Section 4. The proceeds of said bonds shall be applied
only to p a y the cos s and expenses of constructing the improve-
ments in said Dist rict and all other costs and expenses incident
th ereto . In th e vent that all of the proc eed s of said bonds are
not required to pay such costs and expenses, any remaining amount
shall b e paid into t he special assessment fund for the purpos e of
call ing in and paying the principal of and interest on said bonds .
,._
Sect ion 5. Said bonds and the interest thereon shall be
paid solely fro m specia l assessments to be levied on the real prop -
erty in said District, from the Surplus and Deficiency Fund of said
City and from any other available funds of the City. When th e re
is on hand a sufficient amount to pay six months interest on out-
standing bonds of said District, the City shall call for payment,
on the next interest payment date, outstanding bonds in numerical
order with funds available therefor.
Section 6. After the expiration of the period for cash
payments o f assessme nts in full, the City shall, to the extent
possible, pay each year not less than 10% of the total amount of
bonds of said District which remain outstanding .
Section 7. That in accordance with Section 108 of the
Charter of said City, whenever there is a deficie ncy in the fund
of said Improvement District to meet payment of outstanding bonds
and interest thereon, such deficiency shall be paid out of the
special Surplus and Deficiency Fund of said City. Whenever the
Di strict has paid and cancelled four-fifths of the bonds issu ed
therefor and for any reason the remaining assessments are not paid
in time to take up the final bonds of the Distric t and interest
due thereon, and there is not sufficient money in s a id Surplus and
Deficiency Fund, then the City shall pay said bonds when due and
interest thereon and reimburse itself by collecting the unpaid
a ssessments due said District.
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S ec tion 8 . If i~ shall be n e c e ssary to advance money to
ma intain c u r ren t p ayments of interest and equal annual payments of
the pr i n ci p a l ar..o UT .t of the bonds issued for sa i d .District, the
City Counc il s hall levy .annual taxes on the t axa ble property with-
in the City not xc eeding two mills in any one year and shall apply
the procee ds of such taxes for said purpose. In lieu of such tax
levies, the Cou n c j l may annually transfer to such special fund any
available money o f the Ci ty, but in no event shal l the amount
transferr ed in any one year exceed t~e amount which would r e sult
from a tax levied i n such year as herein limited. Such tax levies
or transfers of f unds shall be made in accordance with and pursuant
to Section 109 of the Charter of said City.
Section 9 . Should any part or prov i sion of the Charter
of the City of Englewood, Colorado, or this Ordinance, or any part
or provis i on of an ordinance or the charter of any other Ci ty in
the St ate of Colo r a do having substantially simil a r terms and pro-
visions as thos e contained in the Englel'ood Chart e r or this Ordi-
nance, ever be judicially determined to be inva] i 1 or unenforceable,
such determinatio n shall not affe ct the remainLtF parts and pro-
visions of the En ~le wood Charter or this Ordina,•.e, the intention
being that each part and provision of the Chartt'r and this Ordinance
is severable.
Ail ordinances or parts thereo f :n conflict with
this Ordinance are hereby repealed.
Sectio n 10. This OrdinancP, a ft er i t s final passag e ,
shall b e r e corded in a book kept fo r that pur pfse ; shall be a u -
thenticated by the signatures of the Ma yor an d Director of Finance;
and be publish e d as provided in the Ch a r r of the City; and after
becom i ng effect i v e , shall be irrep al a bl un j J the bonds of said
District shall be paid in full.
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Section 11. A public Hearing on this Ordinance will be
held in the Coun c il Room of the City Hall on Honday, the 18th day
of May, 1970, at the hour of 8:00 o'clock P.M.
Section 12. This Ordinance shall take effect thirty
days after publi c ation following final passage.
INTRODU CED AND READ This 4th day of May, 1970.
(SEAL)
Mayor
ATTEST:
Director of Finance
(The following sh ould be inserted on final publication)
FINALLY ADOPTED AND APPRO VED This 18 t h day of May, 1970.
(SEAL)
t-tayor
AT TEST :
D1rector of F1n ~nce
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TO : Stan l ey H. Dia l , J i '-Y tloa na ge r
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SUaJKT : Acc eptance of lJw bid on li f t station i nstallati on
. ;
I reque st that the Ci ty a ccept the low b i d of Robert Dougan Construct i on
of .$6,300 to insta ll a s ewage li ft stati on wi th the materials to be
furn ished by the Ci t y .
The on l y other bid r e~ei v ed wa s for $6,920 from Holsam Concrete Products.
~~ff! Di re cto r of Utilit e r
CBC /sm
CC: Hug o T . Rugg i e r o
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INTII4'PICE
MIMOaANDUM
Stanley H. Dial, City Manager DATI : April 27, 1970
AtOM: Charles, 8. ~arroll, Jr., Director o f Utilities
SUBJECT: Acceptance of low bid on lift station installation.
This memo is a revision to the memo of April 22, 1970, s~.subject.
I request that the City accept the low bid of Robert Douaan Construction of
$6·,300, to install a sewaae lift station wi~h the -tariah to be furnhhed
by the City.
Additionally, the City should negotiate with the contractor to accomplish the
project at a lover cost for an alternate .. thod o f providina the s ... and-product.
I have attached a copy of a latter fr~ Douaan Construction, asking for our
acceptance of a "Cost Plus" arrana ... nt. It appears reasonable to do it this
way, particularly since there would not be $5,300 work upon which to add another
20t which would put it to the bld price.
Kells asked for this chanae and ha feels it is sound.
CBC i kr
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ROBERT D O UGAN CONSTRUCTION CO.
1550 So . Pearl St ., Denver, Colo . 80210
Phone 744 ~ 1444
AP ril 2 3, 1 • C'
City of Eno I f' "oori
.,4 .\1"• s . 1: 1t '
Er gl ewood, Cvlo rad o
P tenti on : r'<>.s Wa r1go n e r, City Engineer
Ge ntleme n:
~s per yoL.r 'td ephone req uest April 21 , 1970, we will pe rform t t.e
work on the proposeri li ft stltion under your di r ec1ion at co s t plus .
"Cost Plus" i s ci efi rr ed as follows:
1. All •'i rec labor at cost plu s 15% to cove r uyro ll taxe s ,
in sura r<.e , et c . Di rect labor shall include Union Fringe s .
an n .1 1 pet s onn el on j ob in c luding Su per in tenden t, equ i p.-
me n t oper at o r~, etc.
2 . Al l mrlte · i al inc lud ing 5~ Sa les Ta x.
3 . All equipme n t wi l l be c h argeci out a t rental Id tes as
recomme nd e<' in the "Construc tion Equipme n t Re n tal Ra te
Ma nJFJ!" of. the Col orado St a te Highwa y rera rt.me n t or , for
sma l'e r requirme n t, at preva iling rental ra es .
To the sum of items no . 1, 2 & 3 above sh~,. I.Jt . 'l ,. wenty pe r co!'l t
(2 0%) to cover office o verhead an d profit.
If his ropos 1l meets with yo ur approval, ple ase • o i 11d icate be w.
Ve ry truly yo~r~,
:~t.::!D.'~._J]Q }~
Accepted for Ci ry of fr ql ewo od
Name Title
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TENTATIVE AGENDA FOR
REGULAR COUNCIL SESSION
MAY 4, 1970
8:00P.M. Call to order, invocation by the Rev. Bruce G. Currier of the
Hampden Hills Baptist Church, pledge of allegiance led by Boy
Scout 153, and roll call.
1. Minutes.
(a) Regular meeting of April 20, 1970. (Copies trans-
mitted herewith.)
2. Pre-scheduled citizens and visitors.
(a) Recognition of "special guests" of the Council.
(b) Mr. Jack H. Mankin, Attorney, representing owners
of the Peanut Barrel, Inc., will be present to request
permission to incorporate under the name of Holly
South.
3. Public hearings?
4. Communications.
(a) Minutes of the Retirement Board meeting of April 28,
1970. (Copies transmitted herewith.)
(b) Minutes of the Planning and Zoning Commission
meeting of Mart:h 31, 1970. (Copies transmitted
herewith.)
(1) Memorandum recommending the vacation
of a portion of West Tufts Avenue in Centennial
Park.
(2) Memorandum recommending the annexation
of the property to the west of Belleview Park,
commonly known as the Belleview property,
recently purchased by the City.
(c) Minutes of the Water and Sewer Board meeting of
April 21, 1970. (Copies transmitted herewith.)
(1) Memorandum recommending the amending
of the Connector's Agreement of the Green-
belt Sanitation District.
(2) Memorandum recommending the inclusion
of additional lands Into the Greenbelt Sani-
tation District.
(3) Memorandum recommending the writing of a
letter of intent to Celebrity Homes advising
that the City will consider Including an
additional 160 acres Into the Southgate Sani-
tation District presently being served by the
City.
(4) Memorandum recommending the revision of
water tap assessments. (See resolution. )
(d) Minutes of the Employees' Association meeting of
March 19, 1970. (Copies transmitted herewith.)
(Continued)
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TENTATIVE A,GENDA F'OR REGULAR COUNCIL SESSION
MAY 4 , 1970
Page 2
5. City Attorney.
(a) Ordinance on final reading amending the Municipal
Code provisions for veterans' preference points
for City employees . (Copies previously trans-
mitted.)
(b) Ordinance on final reading authorizing the sale
of the City's interest in certain real property to
the Englewood School District No. 1. (Copies
previously transmitted.)
(c) Ordinance on final reading awarding contracts for
construction of improvements on Hampden Place
between &>uth Cherokee Street and &>uth Elati
Street. (Copies previously transmitted.)
(d) Ordinance on final reading amending the Model
Traffic Code to restrict the parking of certain
vehicles rates in exfess of three-quarters of a
ton. (Copies previouely transmitted. )
(e) Attorney's choice.
,t, ~ '~.1
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6. City Manager. t ~j I' P. /
(a) Report on bids for construction of a sewage lift
station.
(b) ~ QD al!~essment objection of Mr. Joyce
~Viffi ams.
(o).<,> Report on street light at alley on East Mansfield
Avenue between South Grant ~reet and South
Logan Street. / /' jJ -(d) Manager's choice.
7. Recognition of non-scheduled citizens and visitors.
8. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
City Manager
SHD/ij
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REGULAR MEETING
ENGlEWOOD WATER AND SEWER BOARD -APRIL 21, 1970
The meeting was called to order by Vice-Chairman Harder
Members Present: Harder, Horton, Kreiling, Rosvall
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STUDENT GOVERNMENT ACTIVITIES
COUNCIL MEETING AGENDA
MONDAY, MAY4, 1970
7:30 p.m.-:00 p.m. -students assemble in Conference Room A of
City Hall for informal meeting with City
Council counterparts.
8 :00 p.m. -Mayor Elmer E. Schwab calls Englewood City Council
meeting to order.
8:30p.m . -Mayor Schwab introduces the student City Co uncil a nd
their subject which urges the Englewood School District
to institute a program of sex education. (Resolution
transmitted herewith.)
STUDENT
Bill Howard
Ed Patterson
Nanc y Brown
Colleen Porter
Jim Long
Bev Lane
Ed Leachman
D bbie Hume
Da rell Ross
Tom Barritt a nd
*Douglas Yarbrough
:40 p.m. -9:30 p.m.
POSITION
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
Assistant City Manager
City Attorney
1 • students assume positions on the bench.
OFFICIAL
Elmer E. Schwab
John J. Lay
Dallas J. Dhority
Howard R. Brown
Milton Senti
John C. Kreiling
Richard Lone
Stanley H. Dial
Wm. L. McDivitt
Bernard V. Bernardini
2. student Mayor, Bill Howard, calls the student Council to
ord r.
3. ud nt City Council conducts business.
4. Student Mayor Howard adjourns meeting.
9:35 p .m. -Mayor hwab re-convenes the Englewood City Council a nd
proc eds with the order of business.
1 LEY H. DIAL
It • Manag r
S HD/ j
Stud nt rom l:ber lda n High hool.
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REGULAR MEETING
ENGLEWOOD WATER AND SEWER BOARD -APRIL 21, 1970
The meeting vas called to order by Vice-Chairman Harder
Members Present: Harder, Horton, Kreiling, Rosvall
Members Absent: Lay, Robohm, Schwab
Other City
Officials Present: Director of Utilities Carroll
Mr. Carroll, Director of Utilities, referred to the following letter, written by him
to Mr. Richard Graham, Attorney for Greenbelt Sanitation District.
Mr. Richard N. Graham
At torney-at-Lav
300 East Hampden Ave.
Englewood, Colorado 80110
Dear Mr. Graham:
•CITY OF ENGLEWOOD
Office of
·Director of Utili ties
3400 South Elati Street
Englewood, Colorado 80110
February 11, 1970
I am in receipt of your letter transmitting certain subdivision maps relative
to the Greenbelt Sanitation District and proposed area for annexation.
The maps you sent were sufficient for my purposes but not for general use of
the Department. Prior to accepting taps ve will require subdivision plats
such as are available at the County Clerk's office, in a scale of 1 inch equals
100 1 • In this manner we can plot all necessary information on one drawing.
I also found what could be a discrepancy between the description in the
agreement and the description for Re-5ubdivision of Tracts 17 through 20 1
Clark Colony number 3.
The contract excludes Lots 1 and 3 of the Re-5ub of Tract 17 while the -P
you sent shows Lot 1 in Tract 'l7 and Lot 3 in Tract 19. This will require
clarification and subsequent revision all the way to the County, if needed.
I am attaching a sample copy of the supplement to contract which must be
returned ready for execution in original plus three onion skin copies.
Respectfully,
/S/ CHARlES B. CARROLL, JR.
Director of Utilities
CBC/ng
Enclosure: 1
cc: John Curtice•
Mr. Carroll presented the original and two copies of a cklcument titled catRECTION TO
CONNECTOR •s AGREEM ENT, as prepared by Mr. Orahu. This doCUIIent, tbich has been signed
by the Chairman and Secretary of the Greenbelt Sanitation District, will serve to correct
the legal description of the original district, in the Connector's Agrea..nt, properly
shoving Lots 1 and 3 of the Resubdiviaion of Tracts 17 through 20 of Clark Colony No. 3
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excepted, as was originally intended.
After short discussion,
Rosvall moved,
Horton, seconded, That the Water and Sewer Board recommend to City Council that the
document titled CORRECTION TO OONNECTOR 'S AGREEMENT, drawn for
purpose of correcting the legal description of the area within
the boundaries of the original Greenbelt Sanitation District,
Ayes:
Nays:
Absent:
and amending the Connector's Agreement with said district, be
approved and properly executed by the proper officials of the
City,
Harder, Horton, Kreiling, Rosvall
None
Lay, Robohm, Schwab
Mr. Carroll next referred to the following correspondence with Mr. Richard N. Graham,
Attorney for Greenbelt Sanitation District, relative to proposed inclusions of additional
lands into said sanitation district:
•
Utilities Department
City of Englewood
3400 South Ela ti
En glewood, Colorado
"RICHARD N, GRAHAM
Attorney At Law
Midland Savings Building
300 East Hampden Avenue
Englewood, Colorado 80110
February 9, 1970
At ten tion: Mr. Charles B. Carroll, Jr.,
Director of Utili ties
Re: Greenbelt Sanitation District
Gentlemen:
We received an application for annexation to our District of
Tracts 37 and 38, Clark Colony No. 3, Section 17, Township 5 South,
Range 67 West of the 6th P. M., now owned by the Estate of Margaret
Dregman,
Under the terms of our Agreement with you, your approval is
deemed necessary before we may proceed with statutory annexation
proceedings.
We would appreci a.te hearing from you at your earliest convenience
c onc erning permi ssion t o annex this area,
Very truly yours,
/S/ RICliARD N, GRAHAM
RNG:ns"
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Utilities Departmen t
Ci ty of Englewood
3400 South Elati
Eng lewood, Colo rado
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"RI01ARD N. GRAHAM
Attorney At Law
Midl and Savings Building
300 East Hampden Avenue
Englewood, Colo rado 80110
Attention: Mr. Charles B. Carroll, Jr.
Director of Utilities
February 17, 1970
Re: Greenbe lt Sanitation District
Gentlemen:
We have received an appl ica tion for inclu sion in our District of
Lots 1 to 5 , inclusive , Highland He ights (a re-subdivision of the
North half of Tracts 25 and 26, Cl ark Colony No . 3), Arapahoe County,
now owned by Dr. L. Clark Hepp and Aleen Hepp .
Un der the terms of our Agreement with you, your approval is
deemed necessary before we may proceed with statutory annexati on pro-
ceedings .
We would appreciate hearing from you at your earliest convenience
concerning permis s ion to annex this area. Our next Board meeting is
scheduled for February 23rd, and this is one of the matters we would
like to include on the agenda.
RNG:ns "
Utilities De partment
City of Englewood
3400 South Elati
Englewood , Colorado
Very truly yours,
/S/ RICHARD N. GRAHAM
"RiaiARD N. GRAHAM
Attorney At Law
Midland Savings Building
300 East Hampden Avenue
Englewood, Colorado 80110
February 18, 1970
Attention: Mr . Charles B. Car r oll, Jr .,
Director of Utili ties
Re: Greenbelt Sanita ion District
Gentlemen:
We ha ve recei ved applicati on for annexa tion to our District
for the entirety of Blocks 1 and 21 Harbold Acres, and Lots 1 , 2,
4 and 5 of Bloc k 3, Harbold Acres, being more specifically: I • •
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Applicant: Des c ription:
Perci val M, and Hi lma J , E, Lobb Lots 1 , 2 , 3, and 5, Block 1;
Lots 2, 3 , 4 and 5, Block 2.
Wilber t W, and Ethel V, Butz
Je rry H. and Sharon K. Wagner
Mar garet S, Harbold
Albert M, and Lorai ne F. Solen
Glo r ia C, Cole
Lot 4, Block 1;
Lot 1 , Block 2;
Lots 1 and 5, Bl ock 3;
Lot 2, Block 3;
Lot 4, Block 3.
Under the terms of our Agreement with you, your approval is
de eme d ne cessary before we may proceed with statutory annexation
pr oc eed i ngs ,
We would a.ppreciate heari ng from you at your earliest convenience
concer ning perm ission to annex these properties ,
RNG:ns"
Fe b ruary 18 , 1970
Mr. Richard N, Graham
Attorney-at-Law
Very truly yours ,
/S/ RICHARD N. GRAHAM
"CITY OF ENGLEWOOD
Office of
Director of Utilities
3400 South Elati Street
Englewood, Colorado 80110
300 Eas t Hampden Avenue
Englewood, Colorado 80110
Dear Mr, Graham:
I am i n receipt of your letter requesting inclusion of certain lots in
Highland Heights into the Greenbelt Sanitation District ,
I feel certain that the supplement will be approved when and if the
necessary documents are received for execution, and the Water Board con-
Slders the matter .
Enclosed please find a format to be ul!ll!d for this and all future inclusions ,
They c an be prepared in adva.nce and submitted to me vi th your letters
of t ransm ittal requesting all such inclusions ,
The next Water Board meeti ng will be March 17.
Respectfully,
/S/ (}!ARIES B. CARROLL, JR .
Director of Utilities
BC/ng
1 a tachmen t"
Mr . Carroll presen ed the original and thre cop1es of proposed Supplement No , 1 the
Connector 's Agreement w1th Greenbelt Sanita ion Distric wh ich would provide for City
a reem nl to inclusion of all lands referred to in the fo regoi ng co rrespondence into said
district with Englewood s ewage treatment service for same ,
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This proposed Supplement No . 1 , as prepared by and submitted by Mr. Graham, includes owner-
ships and land descriptions, as follows:
Petitioners or Owners
Estate of Margaret Dregman
L. Clark Hepp and
Aleen Hepp
Percival M. Lobb and
Hilma J . E. Lobb
Jerry H. Wagner and
Sharon K. Wagner
Wilbert W. Butz and
Ethel V. Butz
Margaret S. Harbold
Albert M. Solen and
Loraine F . Solen
Glo r ia c. Cole
Legal Description
Tracts 37 and 38, Clark Colony No . 3 , Sec-
tion 17 1 Township S South, Range 67 West
of the 6th P . M.;
Lots 1 to S, inclusive, Highland Heights;
Lots 1, 2, 3 and S, Block 1, and Lots 2,
3 1 4 and S, Block 2, Harbold Acres;
Lot 1 , Block 2 , Harbold Acres;
Lot 4, Block 1 1 Harbold Acres;
Lots 1 and S, Block 3, Harbold Acres;
Lot 2, Block 3 , Harbold Acres;
Lot 4, Block 3 , Harbold Acres.
Mr. Carroll pointed out these lands, proposed for inclusion, on a map of Greenbelt Sanita-
tion District and indicated that it was his opinion tha t there should be no problems involved
in serving same through the system of the district or the Englewood sewage treatment plant.
After some discussion,
Kreiling moved ,
Horton, seconded, That the Water and Sewer Board recommend to City Council that
the lands, as described in the proposed Supplement No. 1 to
Ayes:
Nays:
Absent :
the Connector's Agreemen t with Greenbelt San itation District , be
approved for inclusion into said district, with said Supplement
No . l being approved and duly executed by the proper officials
of the City.
Harder, Horton, Kreiling, Rosvall
None
Lay, Robohm , Schwab
Mr . Carroll presented the following letter from Celebrity Homes , Inc., who is also repre-
sented by Mr. Vic Champlin of L. C. Fulenwider, Inc., 9 Equitable Building, Denver,
Colorado:
•
Kr . Charles Carroll
D1.rector of Utilities
Ci ty o f Englewood
En l ewood, Colorado
Dear Mr . Carroll ,
•CELEBRITY H~ES
181 E. 56th Ave.
Denver, Colorado 80218
April 17 1 1970
We are negotiating for the purchase of 160 acres of land owned by
the Hayuti n Group at the northwest corne r of south Quebec Street and
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Arapahoe Road described as:
The s.E. 1/4 of se ction 20,
T5S , R67W,
Arapahoe County, Colorado
Ou r intent is to build appr ox i mately 450 homes in a price range
averaging $35,000 ,00 or a total value of $15 , 750,000 ,00 ,
We intend to petition fo r annexation to the Southgate Water and
Sanita t ion District wh ich has expressed a desire to serve our develop-
ment.
We will be required to purchase the land wi t hout conting encies
for sewer and wa t er service . Due to this fact we request a letter of
intent from t he Ci ty of Englewood to serve this development through
t he Sou thg ate Distri ct as soon as we take t i tle to the land. We
wo uld hope to accomplish the aquisi t ion of this land on or before 240
days from this dat e.
Yours very truly,
/S/ D. W. Verd oo rn
Celebrity Homes , Inc,•
Discussion on this matter brought out t hat the land involved, in the request for Englewood
sewage treatment service, is one section removed from the Englewood Flood Control Dam area,
also owned by Irving J . Hayutin and others , wh ich the City is reluctant to serve until agree-
ment has been reached between the City and the property owners for City ingress and egress
rights for Englewood Dam maintenance purposes,
After short discussion, in which it was determined that none of the Board members present
had any ob J e ctions to the ~nclu sion proposed to provide Englewood sewage treatment service ,
Horton moved ,
Rosvall, seconded, That the Englewood Water and Sewer Board recommend to City Council
that a letter be wr itten to Celebri ty Homes , Inc ., 181 East 56th
Avenue, Denver, Colorado 80218 1 advising that the City of Englewood
will favorably consider entering into a supplemental agreement to
the Connector 's Agreement between the City of Englewood and South-
gate Sanitation District providing for inclusion into said district
of , and Englewood sewage treatment service for, the following
described land:
Ayes :
Nays:
Absent:
Harder, Horton, Kreiling, Rosvall
one
Lay, Robohm , Schwa b
The S ,E, 1/4 of Section 20 1
Township 5 South , Range 67 West,
Arapahoe County, Colorado
(Also see M~nutes of Water and Sewer Board Mee tings held September 6 , 1961, November 18,
1969, January 20 , 1970 and March 17 1 1970 .)
Counc~lman Lay entered and was seated with the other members of the Board,
Mr . Carroll presented a hnal draft of a proposed resolutio n to revise water tap assess-
ments and methods of co mpu ing same for both i nside and outside the City limits .
(S copy of proposed resolution attached hereto as a part of these minutes .)
Mr. Carroll had presented the Board members with a preliminary draft of this proposed reso-
lut on , together th considerable informa ion t o show justification for such revision at
the re lar meeting of the Board held Mar ch 17 1 1970 . (See oopy of Minutes of that
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me eting for details.)
In discu ssion, it was questioned as to whe th er the increas e in water assessments
reflec ted i n the proposed revision, wh ich rang es from a SO% increase in the case of resi -
dent lal and commercial taps to more than So% i ncrease in the case of industri al taps , might
be conside red too drastic at this time.
It was again b r ought out that the existing water t ap assessments have been in effect s i nce
19S8 and that the as sessme nts for i ndustri al water taps have been conspicuously lower than
the residential and comme rcial wa t er tap assessmen ts; and, that the proposed resolution is
designed, not only to more nearly equalize t he assessments for all users , but also to
endeavor to provide fo r recovery of water main i nstallati on expense at current costs .
Kreiling moved,
Lay, seconded, That the Water and Sewer Board recommend to City Council that the
proposed RESOLU TION REV ISI NG WATER TAP ASSESSMENTS INSIDE AND OUTSirE
THE CITY OF EN GID!OOD, IN ACCORDANCE WITH THE MUNICIPAL COlE, CITY
OF ENGLEWOOD, COLORADO, be adopted, as presented, and be made
effective immediately upon adop tion,
Ay es :
Nays:
Absent :
Harder , Horton , Kre iling , Rosvall 1 Lay
None
Ro bohm, Sch wab
Mayor Schwab ent ered and was seated wi t h the other members of the Bo a rd .
Mr , Carroll made a brief financi al report on the water and sewer operations for the
firs t quarter 19 70 compared to the same per i od o f 1969 , wh ich reflected the following:
Firs t Quarter Firs t Quarter
1970 1969
Water Revenues $ 21o,ou8 $ 188 ,020
Wa ter Expenses 8 2,7 87 78 ,u32
Sewer Re venues 86 ,9S8 78,18S
Sewer Expens es J8,u2s 21 ,1Ju
Mr , Ca rroll distributed copi es of CITY OF ENGIE't!OOD, COWRADO, UTILITIES DEPARMNT ,
INFORMATION BROCH URE, wh i ch he had prepared , to all members of the Board present ,
The Board was advised that Mr . Marvin W. Cooper , J6SO South Clay Street, had contacted
the Utilities Department office again verbally, offering the City the first right of
refusal to purchase eight shares (inches) of McBroom Di tch r ights owne d by him ,
Mr, Cooper had offered to sell these rights to the City of Englew ood in Mar ch , 1969 , at
a price of $7SO ,OO per share (inch). At that time, the City had not pr eviously paid
more an $SOO ,OO per share for Mc Broom Ditch rights, and , s i nce Mr, Coope r wou ld not
cons1der selling for less than $7 SO .OO , negotiations were d1scontinued .
(Also see M1nutes of Wa ter and Se wer Board meetings held Mar ch 18 , 1969 and April lS,
19 9 .)
In Mr , Cooper's recent contact he advised that he had no w been offered a price more than
$7 SO ,OO per share (inch) by a prospecti ve purchaser who , he understood , would upon
purchase , chan e the point of diversion of the r1ghts upstream on Bea r Creek wh ich would
el 1m1na te such water r1ghts from the McBroom Dltch .
In discuss1on, r , Kre1ling suggested and the other me ers of the Board present agreed that
Mr . M. 0 , Sh1vers , Legal Consultant, should be contacted promptly for his opinion as to
th value of, and the City's need for , additlonal rights in the McBroom Ditch and
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Mr. rroll was asked o make such contact and subsequently poll the members of the Water
an d Sewer Board for possible necessary a ction by them , based up on Mr . Shivers recomm enda-
tions .
Mr . Carroll advised the Board that he had received a draft reply from w. W. Wheeler ,
Consulting Engineer, as to the problem of value of the Boreas Pass wa ter rights ,
purchased by the City early in the 19SO•s .
For information of the Board, Mr . Carroll advised that Englewo od has not made a diversion
of this wa t er since 1959; and , that since the Boreas Pass ri ghts have proven to be of
negligible v alue to En gle wood , the Water and Sew er Board had ag reed, at i ts regular
meeting held January 20 , 1970 , tha Mr . Carroll , Director of Uti l iti es, be au tho r ized to
inves tiga te all possibilities for the sale of same to mountain developers wh o have in-
quired as to th e i r availabili y for purchase .
Mr . Carroll stated that Mr . Wheeler 's preliminary report refle cted a value approximating
$SOO .OO per a cre foot , subj e ct to the Court 's determination on the exact a cre footage
wh ich c an be diverted. On this basis, th ese rights could be valued at from a minimum
of $57 1 000 to a maximum of $1 53 ,000 .
Based on th ese f~ndings , the prospective buyers will be a pproached with an offer to sell
at $500 .00 per acre foot .
Mr. Carro ll reported that Mr . M. 0 . Shivers , Le gal Co nsul t ant, and Mr. w. W. Wheeler ,
Consulti ng Engineer, were to appear in Distr ict Court, Cas tle Rock , Co lorado, on April
22, 19701 to file for a final decree of 4 ,800 acre feet and a conditional decree of 1 1 200
acre feet storage r ights i n McLellan Reservo i r .
The f1nal decrees on storage rights are necessary to permit subsequent action through the
Court to obtain alternate points of di version fo r Englewood on the South Platte River,
which Mr . Sh i vers has indicated he intends to pursue as soon as possible .
Mr . Carroll suggested to the Board members that t he y be thinking about the possibilities
of disposing of the 173 acres of e x c ess, City-o wned , land south of McLellan Reservoir,
pointing out that, ~th the beginning of the West Slope Wa ter Development Pro j e ct and
other lmpen~n cap~tal ~p rovements , all revenues that can be acqu ired will be needed .
Mr . Carroll adVls d the Board tha.t all l and and rights-of-way for the Wes t Slope Water
Development Projec have no v been acqui red and that plans call for work to begin June 1,
1970 .
There be1ng no further bus~ness to come before the Englewood Water and Sever Boa rd,
Horton moved ,
Schwab , seconded , That the meet ng be adJourned .
Ayes :
Nays
Ab sent:
Harder, !lorton, Kreiling, Ro svall, Lay 1 Schwab
None
Robohm
The meet1ng was adjourned a 6:15 P.M.
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ohn D. Curt~
Approved ________________________________ _
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RE SOLUTION NO . ____________ , SERIES OF 1970
A R~SOLUTION REV I S I NG WAT ER TAP ASSESSMENTS INSIDE AND OUTSIDE
T HE C ITY OP ~NG L E W OOD , COLO RADO , IN ACCO RDANCE WI TH THE MUNICIPAL CODE,
CI TY u• ~N G L E ~O D, COLuRAOO .
WH~REA S , b y actlon of the City Coun ci l o f the C ity of Englewood,
Colorado, cert a 1n wa er t ap a ss e ssmen t s for i ndus t r i ally zoned pr o pert i es,
1ns1de the c o rporate llmlt s o f the Ci ty o f Englewood, Colo r ado, wer e es-
ablished . a t a regula r s e ss ion, h e l d De c ember 16. 1957 . and amended a t
a r e gular sess 1o n, h e l d Octo b e r 20 . 1958 ; and
WHERE AS , by act io n of the City Council of the City of Englewood,
Colorado, certa i n water t ap assessments f or res i den ti ally and commercially
zoned p r o per tl es , inside the corporate limits of the City of Englewood,
Colo ra d o , were established, at a regular session , held October 20, 1958 ;
and
WHEREAS, by action of the City Council of the City of Englewood,
Colorado , c erta i n water tap assessments for users outside the City of
Englewood . Colorado, were eata~lished, at a regular session held Sept-
ember 3 . 1 966: and
WHEREAS , it has been determined that certain changes are neces-
sary t o prov i de additional revenue for water main installation and water
treatment plant capital improvements:
NOW THEREFORE, BE IT RESOLVED, aY THE CITY C.UWCIL OF THE CITY
OF ENGLEWOOD, COLORADO, as follows:
Section 1. Water tap asaessaents for tapa inside the corporate
limite of the City of Englewood , Colorado, established December 16. 1957
and October 20, 1958, be revised, as fGllows:
WATBR TAP ASSBS&MBMTS
IHSIDB CITJ
Effect i ve. _____________ , 197 __ _
AVAILABILITY: Available to users taking Inglewood water service inside
the corporate li~its of the City of Inglewood, Colorado.
APPLICABILITY: Applicable for residential. co .. ercial and industrial
service, when water aains. regardless of size, are owned
by the City of Englewood, except when other chargee are
in effect by specific contract: or existing water im-
provement districts.
SCHEDULE I -Water Tap Assessments for IISIPI!tiAL AKD C9MMERCIAL PROPERTIES
A. Front Foot Basis:
$5.25 Per Front Foot (Applicable on each front foot of regularly
shaped properties 125 feet in depth).
B. Square Foo t Basis :
$0 .042 Per Square Foot (Applicable on each square foot of property
i rregular or odd , under or oversize in shape).
The miniaum t ap assessment for any one tap in a resident i al or commercial
zone shall be $200 .00 .
~~~~~~~~~~~~~~}!~~~~~~~~~~~~~~~~&~ additional 9roaa square footage
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of each level. in-
(Tbia c~r9e i a in
applicable).
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In the case o f ne~ residen ti al or comm e r cial co ns t ruct i o n on property
prev i o usly connected to the City ~ater system and upon wh1ch a previous
wate r t ap assessment h as been paid, the p revi o us assessment shall be
hono red for t h e Tra ct of land ; and subsequent improvements will be charged
as outl1ned in the pr eceding paragraph .
SCHE DULE II -Water Tap Ass essments for INDUSTRIAL PROPERTIES
A. Acreage Bas i s :
Total Acr eage
In T ra ct
l Acre
Ne xt 2 Ac res
Ne xt 2 Ac res
Next 5 Acres
Nex t 5 Ac res
All o ve r 1 5
Ra te Per Acr e
For Conne ct1o ns
2 In ch or S maller
$1.394
$1,04 5
$ 697
$ 348
$ 174
$ 44
Rates For Larger connections
3 " 4" 6" 8" 10"
> a. a.
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> a. a.
,.,.
0
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> a. a.
> a. a.
> a. a.
,.,.
0
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'1
Ill
rt
Ill
Less than o n e (l) acre wi ll be prorated at $.032 per square foot.
The minimum water t ap assessment for any o ne tap in an industrial zone shall
be $200 .
FOR INDUSTRIAL PROPERTIES WITH IMPROVEMENTS, add itional assessment will be
charged , computed on the basis of gross square footage (exterier •imensions
of the structure or structures) of each level including the first level,
at $0.042 per square foot. (This charge is in addition to the $200 minimum
when said mi nimum is appl icable).
In the c ase of new industrial construction on property previously connected
to the City water system and upon which a previous water tap assessment has
been pa id, t he previous assessment shall be honored for the Tract of land ;
and subseq uent i mpr o vements w ill be charged aa outlined in the preced i ng
paragra ph .
7HE FOLLOWING EXCEPTIONS SHALL APPLY:
A. In c ases where a residence exists in an industrial zone, the owner
may elect to pay the assessment only on that portion of his land which
i s normally used as a residential s ite; and when request is made for
water taps for any of the balance of his land , the currently effective
rate schedule and provisio ns shall apply for each additional water tap.
B. In ca ses . in any zone , where lots or tracts are of sufficient depth to
enable the owner to divide each lot or tract into approximately equal
par t s by means of a street or alley dedication or otherwise and in
ac corda nce with then existing zoning regulations. the assessment will
include and cover on ly one such par t of the original depth; and other
assessments will be required for any other parts of the lot or tract at
such time as any wa ter tap a are requested for same.
c. In c ases , i n any z one , where an owner has sufficient land or platted
lo t s adja c ent to the premi ses i n wh ich the s truct ure ia located or
planned to be lo c ated that would comprise one or more additional build-
ing s ites i n accordance with then existing zoning regulations, the
owner may elect t o apply and pay the water tap assessment for only one
building a1te at a time.
GENERAL PROVISIONS:
1. All water tap assessment charges shall be paid in full amount to
the City of Englewood Utilities Department at the tiae of appl ication for
wa ter tap.
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2 . Th e o wn er o r a p pl 1 c an t sha ll prov i de t he Utilit i es Department
with t he c o rre ct l e g al d e s c r i ption of the l ot or tract for wh ich wa t e r
serv 1ce i s rP.q u e s t ed, and su c h i n fo rma io n s h al l be shown i n all appl ica b le
re c ords o f the Uti l itie s Depa r tmen t as well a s upo n t h e r e c ei p t to t h e
ap p l ica n t . I n c a ses co v e r i n o i n d us t r i ally zoned land s , t h e e x ac t am o un t
of a c rea ge i nv o lved s h a ll a lso be a p a r t o f t he re co rded 1nforma t 1on.
3 . I n al l c ases n ot co v ered a b o v e . the Direc tor o f Uti l ities s hall
de te rm l ne a n d u se the requ l r eme n t mos t n early appl i ca b l e t o the case,
a nd most e qu t t able for b oth the City a n d the pro pe r ty own er .
Schedu l e 2 . Wat e r tap assessmen ts f o r t ap s o u t s ide t h e c or p o rate
l1m1t s of he Ci t y of En g lewood, Colo ra do , es t abl 1 s hed September 3. 1 9 6 b.
b e rev i sed, as fo llo ws :
OUTSIDE CITY
Effe c t i ve __________ . 1 97 __ _
AVAILABILITY : Ava i lable t o users taking water service outside the cor-
p o ra t e l i mits of the City of Englewood, Colorado .
APPLICABILITY : Appl i cable for res i dential, coamercial and industrial
servi c e , when i ndividual users . and non-profit users
assoc i at ions desire water serv i ce outside the corporate
limits o f t he City of Englewood , Colorado .
SCHEDULE I -Water Tap Assessments for RESIDENTIAL AHD COMMERCIAL PROPERTIES
is 150% of similar serv i ce , regardless of basis of computation, within the
c o r p o rate l i mi t s of the City of Englewood, Colorado.
SCHEDULE II -Water Tap Assessments for IMDUSTRIAL PROPERTIES is 150% of
s 1mi lar serv ic e , regardless o f basis of computations, within the cor-
p o ra t e lim it s of the C i ty of Englewood, Colorado.
The same exceptions and general provisions apply as are in effect fo r i n-
a i de City assessments .
Introduced and adopted by C ity Council of the City of Englewood ,
Colorado at a session held 197 __ _
Mayor
ATTEST :
C i ty Cl erk-Trea sur er
I , , City Clerk-Treasurer of the City o f Englewood,
Colorado, d o h ere b y c e rti fy that the above and foregoing is a t rue, accurate
and co•ple t e copy of a resolut i on passed by the City Council of the City
of Englewood . o n t h e d of , 197 __ _
city Clerk-tTeaaurer
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Date :
Sub j e c t :
Recornmenda tion :
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MEMORANIDM TO THE ENGlEWOOD CI'IY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF mE ENGIEIIOOD WATER AND SEWER BOARD
April 21 , 1970
CORRECTION TO CONNECTOR'S AGREEMENT - Greenbelt Sanitation District
That the document titled CORRECTION TO CONNECTOR'S AGREE>IENT, drawn for
the purpose of correcting the legal description of the area within the
bou ndari e s of the o riginal Greenbelt S ani ta.tion District, and amending
the Connector's Agreement with said di s trict, be approved and properly
executed by the City.
Re spe c tfully s u bm i tted,
ENGLEWOOD WATER AND SEWER BOARD
By: T, H. Harder
ice-chairman
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Date :
Su bject:
Recommendation:
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MEMORANDUM TO THE ENGU¥lOD CITY CXlUNCIL REGARDING ACTION
OR RECOMMENDATION OF 'lllE EN GLEl«>>D WATER AND SEWER OOARD
April 21 , 1970
Inclusion of Additional Land s Into Greenbelt Sanitation Distri ct
That the l ands , as described in the proposed Supplement No. 1 to
the Conne ctor's Agreement with Greenbelt Sanitation District, be
appr oved for inclusion i nto said district, with said Sup plement
No . 1 being approved and duly executed by the proper officials of
the City.
Re spectfull y submi tted,
ENGIE't«lOD HATE R AND SEWER BOARD
By: T. H. Harder (/)k
Vi c e-Chairm~
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Date: -Subject:
Recommenda tion:
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MEMORANDUM TO THE ENGLEWOOD CITY COUN CI L REGARDING ACTION
OR REOOMMENDATION OF 'mE ENGLEWOOD WATER AND S~R BOARD
April 21, 1970
Letter of Intent -Englewood Sewage Treatment Service For 160 Ac res
Proposed For Inclusion Into S outhgate Sanitation District .
Tha t a letter be wr itten to Celebrity Home s, Inc ., 181 East 56th
Avenue, Denver, Colorado 80218, advising that the City of Englewood
will favorably consider entering into a supplemental a greement to
the Connector Is Agreemen t between the City o f Englewood and South-
gate Sanita tion Distric t providing for inclus ion into said district
of, and Englewoo d sewage t reatment service for , the following des c ribed
land:
The S.E. 1 /4 of Section 20 1
Townsh i p 5 South , Range 67 Wes t ,
Ar apahoe County, Colorado
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By : T. H. Harder
~ce-Ghairman
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Date:
Sub j ect:
Recommernati on:
•
HEMORANOOM TO THE ENGlEWOOD CITY COUICIL REGARDING ACTIOO
OR REOOMMENDATIOO OF '!HE ENGLEWOOD WATER AND SEWER OOARD
April 21, 1 970
RESOWTION REVISING WATER TAP ASSESSo!EXTS INSIIE AND OUTSIIE
THE CITY OF ENGLE'I«>>D, IN ACCORDI\NCE WITH THE MUNICIPAL 00 IE,
CITY OF ENGLEWOOD, OOI.ORAOO
That the proposed RESOLUTION REVISING WATER TAP ASSESS'tE14TS INSIIE
AND OOTSIIE TilE CITY OF ENGUWOOD, IN .lCOORDANCE WI'ni THE MUNICIPAL
CODE, CITY OF El4GIDI)()D, OOI.ORAID 1 be adopted, as presented, and
be made effective immediately upon adoption.
Respectfully submitted,
ENGIE't«<ID VATSR AND SEWER IIJARD
By: T. H. Harder ~
Vice~atriiliil v
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RESOLUTIONBO. _______ , SERIES OF 1970
A RESOLUTION CALLING UPON THE ENGLEWOOD SCHOOL BOARD TO
INSTITUTE A PROGRAM OF SEX EDUCATION IN ENGLEWOOD SCHOOL
DISTRICT NO. 1.
WHEREAS, to better prepare the students of the Englewood
School District No. 1 for future marriag e; and
WHEREAS, to aid in the prevention of disease and the di-
vorce rate; and
WHEREAS, to create more wholesome views and attitudes
towards sex; and
WHEREAS, many schools in the united States have recognized
that young people need education in their sexual developaent,
which is as important as other aspects of personal, mental, and
physical development; and
WHEREAS, the subject of sex education needs to be taken out
of the locker room and powder room and put in the classroom under
a carefully developed co•rse taught by trained instructors; and
WHEREAS, communications between meabers of today•a · generation
and the older generation need to be improved concerning the prob-
lem of sex education; and
WHEREAS, a class of sex education is needed to clarify both
the biological and psychological aspects of sex to the better-
ment of the Englewood School District ~. 1 students.
NOW, THEREFORE, BE IT RESOLVED by the Student City council
of the city of Englewood, colorado as follows:
1. That the Englewood . School Board be respectfully r-
quested to develop and ~pl .. ent a course or courses on sex
education in the Englewood School District 10. 1.
2. That the prograa be ~pl...nted as soon as possible.
3. That pnly qualified teachers in the realm of sex educa-
t i on be used to instruct the classes.
ADOPTED Alii> APPROVED this ________ ch1y of -·------, 1970.
A'l"l'EST:
Student Mayor
ex officio Student city clerk
I, , ex of fi cio Student City clerk,
do hereby certify that the foregoing j s a true, accurate and
complete copy of Resolution No. , Series of 1970, passed
by the Student city council on the day of
19 7 0.
A'M'EST:
ex officio Student City clerk
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