HomeMy WebLinkAbout1979-07-02 (Regular) Meeting Agenda [2]•
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.-City Council Meeting -July 2, 1979
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JULY 2, 1979
7:30 P.M. Call to order, invocation by Reverend D. Raymond
Parry, Hampden Hills Baptist Church, East Dartmou th
and South University Blvd., pledge of alle giance
by Boy Scout Troop #92, and roll call .
l. Minutes.
(a) Minutes of the regular meeting of June 18,
1979. (Copies enclosed.)
2 . Pre-Scheduled Visitors.
Mr. Mark Jacobs , 3655 South Delaware Street,
will be present to accept a proclama tion .
(Copies enclosed .)
Reverend W. W. Brandt, 4469 South Washington
Street, will be present to discus s a problem
in the alley of the 4400 block between South
Pearl and South Washington Streets .
Mr. Eddie Tanguma, Jr., 1020 West Tufts Avenue,
will be present as a representa tive of the
Englewood Pirate Band Boosters, to discuss
with Council its decision as to sponsorship
of the Englewood High School Band at the Rose
Bowl Parade .
Mr. Rodney Utz and Mr . William Gilmore, owners
of The John, 90 West Belleview, will be present
to request a 3.2 beer license renewal.
(Copies enclosed.)
3 . Other Visitors.
4. Public Hearing .
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July 2, 1979
5 . Communications -No Action Recommended.
(a) Minutes of the Board of Adjustment and Appeals
special meeting of May 2, 1979 . (Copies enclosed.)
(b) Minutes of the Denver Regional Council of
Governments meeting of May 16, 1979. (Copies enclosed .)
(c) Mi nutes of the Housing Authority meeting of
May 30, 1979. (Copies enclosed.)
(d) Minutes of the Planning and Zoning Commission
meeting of June 5, 1979 . (Copies enclosed.)
(e) Minutes of the Animal Control Committee meeting
of June 11 and June 25, 1979 . (Copies enclosed .)
6 . Communications -Action Recommended.
Recommendation from the Planning and Zoning
Commission meeting of June 19, 1979 concerning
an amendment of the Comprehensive Zoning Ordi-
nance Section 22.7-7, Sign Code. (Copies enclosed .)
Minutes of the Water and Sewer Board meeting
of June 26, 1979 with the following recommenda-tions :
~(i) concerning a request for a water tap
outside of the City of Englewood at
3201 South Zuni Street ;
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=Jo-.llA~ ( i i) I f&--;0 '
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(v)
concerning a revised reserved Water
District Contract;
concerning participation of funding of
metro water conservation handbook ;
concerning Supplement #10 Greenbelt
Sanitation District ; and
concerning request for Denver Water
Board to supply water for the Reserve
Water District.
(Copies enclosed.)
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Page 3
July 2, 1979 Agenda
7 . City Attorney.
Ordinance on Final Reading.
(a) Ordinance amending Section 42, Article IV
(General Provisions; Restrictions) of Chapter 3,
Title XV, of the Official City Code, rela ting
to the repair , replacement, lowering, and
thawing of water service lines within the
public right-of-way in the City of Englewood. (Copies enclosed.)
Resolution . /
(b) Resolution~~epting the resignation of Donald
M. Weber and declaring a vacancy in Council ~~ District 2, City of Englewood, Colorado . (Copies 6 -I f , ( enclosed .)
Proclamation .
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Proclamation proclaiming the week of July 9-15,
1979 as "En~lewood Municipal Federal Credit
Union Week. (Copies enclosed .)
Other Matters.
(d) Judgment of Supreoe Court on Deluxe Theaters
VS City of Englewood. (Copies enclosed.)
~:t) ~t~~~~:: ~vi/' .lc.._cf ~ /l1~~
?5f1rwwi ~ ;_, IY\~ ~Mf.J 1.-.-...lJ ~o o u.Jl s ~~ -·-~ · ~ 8. City Manager .
(a) Resolutioif~Jthorizing support of channelization
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D of South Platte River and passage of Senate q Bill //32 5 . (Copies available at meeting.
Copy of Littleton Resolution No. 38, Series
of 1979 and letter from City of Littleton enclosed .)
(b) Manager '·s Choice.
9. General Discussion .
(a) Mayor's Choice.
(b) Councilman's Choice .
10 . Adjournment .
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NEMORANDUM
TO:
FROM:
DATE :
SUBJE CT:
Mayor and Members of City Council
Andy McCown , City Nanager
June 28 , 1979
COUNCIL MEETING JULY 2 , 1979
En closed is the agenda packet a nd study session materials for your regular
Council me eting next Monday, July 2 , which is sched uled for the Ernie
And e r son Community Room in the Police/Fire Center . The meeting has been
scheduled a t this location because of the cons truc tion of the Co un c il/Co urt
fac ility . The study session will still be held in Conference Room A at City
Hall and will commence at 5:00 p .m. Dinner will be served at that time also.
Hope fully , the biggest item we wil l need to discuss will be settlement of
contracts with our three employee assocations. The associations are meeting
Friday and over the weekend t o either ratify the con tracts or go to impasse.
I will have the negotiating team present to review this with you. It would
also be helpf u l if we could discuss two items contai n ed in you r study session
materials . One is the scope of work as submitted by Black & Veatch for the
sewer collection system st udy as was discussed at our last study session;
and secondl , the report from Hugh Brown, Administrative Assistant, concern-
ing the Eco-Cycle request for financial assistanc
The regular agenda is rather light and we will be glad t o go over any items
about which you may hav questions . I am also trying to get the resolution
prepar d on t he properties adjacent to the Malley Center which you discussed
last Honday with ECBF.
Also enclosed for your information:
l. Black and Veatch Contract (mentioned above).
2. Eco-Cycle report (mentioned above).
3. Calendar of Events.
4. Notification to Do~ttown Development Authority Executive Director
Keller relative to two re cent appointments to Authority.
5. Copy of lett r to Commissioner Nicholl r e lative to reappointment of
Jean Arthur to RTD Board of Directors .
6. Copy of l et ter to Mayor and Nembers of Council from L. L. Brownewell
concerning Council's d ecision relative to suppor t of high school band 's
trip to participate in Rose Bowl parade; also copy of reponse of ~~yor
Taylor to Nr. Brownewell.
7. Letter from President of Desks, Inc., conce rn i ng the allocation of
money und e r the reimbursement for frozen water s e rvic e line s .
8. Copy of letter to Nr. Hugh Frazier from City Nanager McCown relative
to Paving District No. 25 'cos ts.
9. Supplement No. 32C of Englewood Municipal Code .
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Members of Council
Page 2
June 28, 1979 -COUNCIL MEETING JULY 2, 1979
Have a nice weekend. See you Monday.
fncerely,
LA,~t;JI: i~~·l ·~
ANDY.JfcCOWN
City Manager
ph
cc: Jimmy E. Curnes, Assistant City Manager
Bernard V. Berardini, City Attorney
Hugh Brown, Administrative Assistant
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BLACK & VEATCH
CONSULTING ENGINEERS
TEL. 303 /371-1 120
ROCKY MOUNTAIN REG IONAL OFFICE
12.0,5 EAST 45Tt1 AVE SUITE 400
DENVER , COLORADO 80 2.39
OJNTRACT FOR ENGINEERING SERVICES
THIS CONTRACT, executed in dupli cate this day of-----.,..---
19 , between the City of Englewood, Colorado, hereinafter called the
City, and Black & Veatch , Consulting Engineers, of Kansas City, Missouri
and Denver, Colorado, hereinafter called the Engineers, supersedes the
Contract between said parties dated March 27, 1979;
WITNESSETH: That in consideration of the mutual covenants h erein con-
tained, the Ci ty hereby agrees to employ the Engineers to perform the
services hereinafter outlined in connection with a Sanitary Sewer System
Study, and agrees to pay them for such services according to the sched-
ule of fees herein contained .
Section I. The services which the Engineers agree to perform are as
follows:-
A. Study and Report:
1 . Using the existing and projected population data and
land use patterns provided by the' City, establish geo-
graphically the population and industri al and commercial
customers in drainage area No. 1, as shown on the
attached drawing .
2. Using the existing and projected population data and
land use patterns provided by the City, establish ge o-
gra phically the population and industrial and commercial
customers in drainage area No. 2 (Scenic View), as shown
on the attached drawing.
3. Review winter quarter water use records and wastewater
treatment plant flows provided by the City.
4 . Develop per capita and industrial and comme rcial waste-
wa ter flows for the drainage area.
5. Using these wastewater flows, locate the loadings geo-
graphically in the drainage area for the present system
and for the probable fully developed drainage area.
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BL.ACK a VE AT CH
Contrac t for Engineering Services page two
6. Where avai l able, ob tain exis ting and probable u ltimate
population and l and use data for the eight sani tation
districts in the Cherry Hills area; a nd using t he wa ste-
water flows developed in Item A-4, develop the existin g
and probable ultimate point loading from the Cherry
Hills area that will be handled by the sewerage facili-
ties in drainage area No. 1.
7 . Study alternative routes for a new relief sewer to serve
a high rise development in drainage area No. 1 in the
vicini t y of Floyd Avenue and Race Street.
8. Perform prelimina ry f ield surveys and investigations to
e stablish the approximate capacity of the existing
12-inc h, 18-inch, and 42-inch sewers that run north along
Santa Fe Drive from approximately Quin cy to Bates Avenu es.
9. Develop and s c hedule a plan of i mprovements to provide
good and reliable servic e for the drainage area. This
plan of improvements will be based on an ultimate City
population of 60,000 .
10. Prepare a preliminary cost estimate for the new relief
sewer described in Item A-7. The c ost estimate will be
based on preliminary pipel i ne sizes and lengths , estimated
excavation and anticipated construc tion con ditions.
11. Prepare a preliminary cost estimate for the plan of
improvements described in Item A-8.
12. Incorporate the results of this study and recommend a
route for the new relief sewer in a brief lette r report
to the City.
B. Surveys, Drawings, and Specifications:
1. Make the necessary field surveys required for preparing
dra wings and specifications.
2. Provide requested assistance and guidance i n exploratory
work conducted by the City .
3. Obtain the dr awin gs from utility comp anies and coordinate
or verify field loca tions of their underground lines and
structures.
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BLACI( a VEATCH
Contract for Engineering Services page three
4. Consult with the necessary state and gove rnment agencies
concernin g the project as to requirements covering items
in which they might be i nterested .
5. Prepare detailed drawings and/or specifications for the
proposed construction work and for all equipment required .
6 . Prepare an opinion of probable construction cost for the
proposed work as covered by the drawings and s pecifications.
7. Submit drawings and spe c ifica tions for review and appro val
to the State Board of Health and any other state or
government agency wh ich has a regulatory interest in the
projec t.
8. Prepare bid forms and notices to bidders. Ass ist and
advise the City concerning award of contracts and assist
in preparing conforming copies of construction contracts.
9. Review drawings and data submitted by the contractor as
required for general conformity to the drawings and
spe c ifications.
10 . Make four (4 ) periodic visits to the site of the work
during construction and consult With the City c oncerning
progress.
11. Provide a set of mylar sepias conforming to construction
r ecords ,
C. Resident Engineering Services:
At the option of the City to furnish a full-time or par t-time
resident engineer and such assistant resident engineers as may
be required on the work who will assist and offer general
guidance in establ ishing horizontal and vertical control
points, the interpretation of the contract doc uments, and the
making of field checks of materials and equi pment .
During the course of the contractor's performance of the job,
t he resident engineer will conduct on-site observations of
the general progress of the work and will consult with the
City and the contra ctor, giving his opinions and suggestions,
based on his observations, as to any defects or deficiencies
in the contractor's work relating to compliance with drawings,
specifications, and design and planning con cepts . The
resident engineer shall not have responsibility for the
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BLACK a V EAT CH
Con"rac" for Engineering Services page four
superintendence of construction site cond itions, safety, safe
practices or unsafe practi ces or cond ition s, operati ons ,
equipment, or pecso nne l other than employees o f the Engineer.
This service ~11 in no way relieve the c ontractor of complete
supervision of the work or the contra ctor 's obligat ion for
complete compliance ~th the drawings and specifications. The
contractor shall have sole responsibilit y for safety and for
safe practices or unsafe practices or conditions.
A full-time resident engineer will a lso prepare all routi ne
and final payment estimates for guiding the City in payments
to the contractor, and ~11 report regularly to the City and
to the Engineers upon the progress and quality of the work.
The actual time the services o f the resident engineer ~11 be
required and the number and duration of service of assistant
resident engineers ~11 be determined by the City.
Section II. For all the services outlined above, the City agrees to pay
the Engi~ers as follows:
A.
B .
1.
2.
For the services outlined in Section I-A, Items 1, 3, 4,
5, 6, 7, 8, 9, 10, 11 and 12, the Ci t y agrees to pay the
Engineers a fee equal to the salary costs incurred by
the Engineers in providing such services times 2.5,
dire c tly associated costs at cost, plus seventeen cents
($0.17) per mile for all mileage required in connection
with this work payable monthly . The maximum amcnmt
billed for these items shall not exceed Twenty-five
Thousand Fifty and no/100 Dollars ($25,050.00) without
further authoriza tion from the City .
For the services outlined in Sec tion I-A, Items 2, 3, 4,
5, 9, 11 and 12, the City agrees to pay the Engineers
a fee equal to the s alary costs inc urred by the Engineers
in providing suc h service times 2.5, directly associated
costs at cost, plus seventeen cents ($0.17) per mile fo r
all mileage r equired in connec tion with t his work payable
monthly. The maximum amount billed for the se items shall
not exceed Four Thousand Eight Hundred and no/100 Dollars
($4,800.00) without further authorization fro m the City.
For the services outlined in Section I -B, Items 1 to 11 inclu-
sive, a mutually agreeable amount to be determined at the end
of the study described in Section I-A .
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BLA CK a VEATCH
Contract for Engineering Services page five
C. Fo r the services of a ful l-time resident engineer and assist-
ant resident engineers outlined in Sec t ion I-C above, the
City agrees to pa y the Engineers a fee equal to the salary
co st incurred by the Engineers in providing such service,
plus 60 per cent of salary cos ts, plus an allowance of s e ven-
tA.en cents ($0.17) per mile for all mileage required in
connection with t his wor k , payable monthly . In lieu of
mileage payment, the City may furnish au tomotive transpor-
tation to the r e s ident engineer(s) at their direct expense.
For part-time resident engineeringservices outlined in
Section I-C above , the City agree s to pay the Engineers a fee
equal to the salary cost inc urred by the Engineers in providing
such service times 2.5 , plus an a llowance o f seventeen cents
($0.17) per mile for all mileage required in connection with
this work, payable monthly .
D. It is mutually agreed and understo od that the above schedules
of fees under Sections II-A, li-B and II-C do not include any
allowance for lo cal city taxes, license fees, or special state
fees o r taxes (excluding sta te inco me taxes) wh ich ma y app ly
to su ch schedule of fees. Sho uld local ta xes o r fees be appli-
cable to the above schedule of fees in any regard , it is
understood that amount of such fees or taxes will be ad ded to
the above schedule of fees.
Se ction III . I t i s mutually understood and ag reed :
A. Tha t the City wi ll provide, at its own expense , the foll owing
items:
1. Property surveys and /o r section corner locations i n case
such information is required.
2. All explorato ry work, such as the digging of test pits,
making soil bearing t es ts, making soundings or core
drillings, prelimin ary tests, laboratory analyses , etc.,
necessary for the preparation of drawings and specifi-
cations, the work to be done with the assistance and
guidance of the Engineers, wh o will furnish the engineer-
ing services for such work.
3. All maps , drawings, records, data, etc., which are avail-
abl e in the files of the City and which may be u seful in
the work involved under this contract.
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BL.ACK a VEATCH
Contract for Engineering Services pa ge s ix
B. That the Engineers will perform any a dditional wo r k r equeste d
by the City which is not spe c i fic ally covered in the Sc ope of
Work as defined under Section I, suc h a s s e rvices in connec-
tion with litigation r egarding the proj e c t, appearances befo re
special boards, preparation of easement and right-of-way
descriptions, and similar services, at a reasonable fee or
compens a tion to be agreed to between the City and the Engineers
at the time any such services ma y be require d.
C. That the Engineers shall not be liable for de l ays resulting
from causes beyond the reasonable control of t he Engineers;
that the Engineers have made no warranties, expressed or
implied, which are not expressly set f o rth in this Contract;
and that under no circumstances will the Engineers be liable
for indirect or c onsequential damages.
IN WITNESS WHEREOF, the part ies have executed this agreement on the date
first above written .
CITY OF ENGLEWOOD , COLORADO
By ------------------------------
Attest:
BLA K & VEATCH, Consulting Engineers
By c\ cu-k L\; _ \ciJ1_
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SEWER SYSTEM STUDY
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TO:
F.ROM:
SUBJECT:
DATE:
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Andy McCown, City Manager ~
Hugh Brown, Administrative~~ant
Eco-cycle Requests for Assistance
May 24, 1 9 79
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Cli)' ;.,.\t; I U: :> •Jf, ;,;
n,G. ~ 100·
There are several methods by which the City of Englewood can assist
and contribute to Eco-Cycle. Below is a review of the specific Eco-cycle
reques ts and also some other possibilities.
A) Purchase of City gasoline -This is obviously a v ictim of ba d
timing and I recommend denying this request pending the outcome of the
current shortage. If supply was not a problem and the request was
approved, the sale of gasoline from the City pumps could be easily
administered.
B) Donation of scrap material -Various departments, mostly through
the Servicenter, currently collect scrap metal and sell it to a scrap
dealer. The revenue is approximately $800/year and is added to the
appropriate fund (Water Fund, Ge neral Fund, etc.). The same is currently
done with oil and batteries ($250/year) and tires are re-capped or dis-
posed of. Scrap paper is sold to Friedman Paper with the annual revenue
totaliug approximately $180. If the City wishes to donate this revenue
source to Eco-Cycle, it could easily be accomplished. (Total current
revenue to the City from recycling equals approximately $1230.)
C) Donations of $5000 -This is a direct and substantial donation
and perhaps should more appropriately be considered with other requests
at budget time under "Aid to Other Agencies".
D) Help in !~eating a site -This is not a current probl~~ as the
present site lease has been extended by the City of Littleton for one year.
If a move becomes necessary the staff could help identify possible sites
in Englewood where the Eco-cycle operation could be appropriately located.
E) Vehicle request - A first option on vehicles about to be auctioned
is not permitted by the City Charter. If the City wishes, a vehicle could
be leased to Eco-cycle in th~ same manner as Littleton ($1/year for a 1972 ~ton pickup). While there will not be a step-van auctioned for several
years, other vehicles will be auctioned in the fall. The sale prices for
these vehicles have been surprisingly high ($800-$1300 for pickups).
While $800-$1300 appears to be a sizeable amount of revenue source to
relinquish , perhaps the other side is that the vehicles retain their value,
and probably a similar sale price could be obtained after a year's use
as a lease vehicle. If Eco-cycle desires another pickup, it appears the
City could provide a veh icle a minimum cost to the City.
F) Information on waterbill -This could easily be accomplished and
would be a very direct indication, if the City desires, of official support
of Eco-cycle. Such information could also be distributed in conjunction
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Page Two
with the City's spring and fall clean-up projects. The City doss not pic k
up large objects, such as appliances, and these inquiries could be referred
to Eco-cycle.
G) Like the Arapahoe County Court, the Englewood Municipal Court
also utilizes the alternative service concept, usually assigning persons to
the Parks Department. The Municipal Court is aware of Eco-cycle as an
option for alternative service. I suggest the City endorse the alternative
service concept and support adding Eco-cycle to the list of work opportu-nities.
HHB/dm
cc : Jim Curnes, Assistant City Manager
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pt!Z":i.:5.c ~L:n t o p;1 •::-~"i ,"'~:'"! :~!-ro~2..'.:"; :li: ,. .,
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~.~, f..:~t:tl:!:.:o~ ::-t ty G·:>n .-::-.;e !; .:'.1.~. Sl.L" ... , :.:·-~: :.--; .;)
:::rc 1 i~~-:1 !c~.'J oll .
c. $.i,.:-oo t -:> ~e ;.ts ·~:l b · Ec:o ·t.'c .;.e !.;~ 1<:'1 ;-i ~·r..c . .2 ;.,_;: o. y•.<<::: \.·r ~~si!Jl~r to i~~!.!) .f~~·HJ s.1 . .:.:: .. ~~ ~: ~ t>~.-~r ·~o ·,.
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,,, St~r-v.::n--Zi~::t .~;.J:..:o c 1 c ., .~t•~ :·: "-" "· .. ·,,, .. , : ... • .. _j ~~o -C:,.·~!.t! f o r c. n"r.~: ,'l'.l f:c .. ~"'~c.
!'. Ir ~fol""tr.~t:::c:l co :.'lc<!'!ri-~.in :! :·? .. :·"::"i·.::-; ~J~ l --:-I l:-~~:: c:: :~:(::-·.t(-1 P~~;:L,~LR TO !'tECfG L ~~ ~i:J:'£'~1 rr:c .. '"'·-.. L~, ?~~:;,~:\ I'J5 -7 J:..).
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July 2 s.aa
"7:~0
July 4
July 12 9:00
July 16 5 :0 0
7:30
July 23 7 :00
7 :30
6/26/79
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CALENDAR OF EVENTS
Sta<IJ sessi:erq Seni ePI!RCI! ~ee• +" ~;
Jtegalar euancil meeting, euanci 8 :ecra
INDEPEND ENC E DAY -CITY HALL CLOSED
Mayor 's Coffee, Elsie Ma lley Centennial Center
Study session, Conference Room A; and
Regular Council meet ing , Council Chambers
Public Hearing to consider issuance of hotel/restaurant
liq uor license to Jack Field, Inc., Cinder Alley
Public Hearing to consider issuance of 3.2 beer license
for Mr. Gattis, 225 East Jefferson
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City of Englewood
FROM THE OFFICE OF THE MAYOR
James l. Taylor
City Council
James l. Taylor . Ma)'Cr
Vern Mann . Ma)'Cr Pro Tern
David B. Clayton . At Large
Donald l.R. Smith, I
Donald M. Weber, II
Donald W. Williams ,lll
Donald W. Harper ,rv
3400 South Elati Street
Englewood .Colorado , 80110
phone :303 -761-1140
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June 27, 1978
Mr. James T. Keller, II
Executive Director
Englewood Downtown Development Authority
3535 South Sherman
Englewood, CO 80110
Dear Jim:
This letter is to officially inform you that the City Council, at
their regular meeting on June 18, 1979, appointed Mr. John Maxwell
and Mr. Gerri Von Frellick to four-year terms on the Downtown Develop-
ment Authority. The terms are to commence on July 1, 1979_
Since these appointments were made based upon recommendations from
the Authority, we assume that the appointees meet the qualifications
of Sections 31-25-805 -Board-Membership-Term of Office, and 31-25-i 06 -
Board-Membership-Qualifications-Nominations-Rules-Removal, of H.B. 1152.
We will plan a swearing-in ceremony for these two gentlemen on July 16
at our regular meeting. Could you please notify them of this date.
Please accept my apologies for the delay in getting this letter to you. ~As you know, we left for the CML conference on the 19th and simply have
/ had time to get it out since I returned.
cc: Members of City Council
Andy McCown, City Manager
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City of Englewood
June 22, 1979
Honorable John J. Nicholl
Chairman
Board of Arapahoe County Commissioners
5334 South Prince
Littleton, CO 80166
Dear Mr. Nicholl:
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3400 S El a11 Slreel
Engle w ood , Colorado 80110
Phone (303) 761 -1140
The City Council at their regular meeting on June 18, 1979, reviewed
your letter requesting approval of the reappointment of Jean Arthur to
the Board of Directors of the Regional Transportation District. -
While we very much wish to contribute suggestions and comments in the
appointment process, we are unable at this time to offer an opinion on
Ms. Arthur. Our primary difficulties are insufficient information con-
cerning her background and past performance and insufficient time to
g~ve the matter proper consideration. Concerning the latter, perhaps
you, too, because of your meeting schedule, receive requests to make
decisions facing a very near deadline. In the interest of better
decision-making, we naturally wish to avoid these conditions when
possible. We, therefore, request that the Board forward its requests,
such as with this reappointment, farther in advance of the deadline so
that we may be of greater assistance.
The appointment of an RTD Board member to represent Arapahoe County is
most consequential to the City of Englewood as both RTD and the City
have mutual transportation concerns. Unfortunately, the City does not
feel the Regional Transportation District has been responsive to
Englewood requests and needs which also affect Arapahoe County generally.
We suggest further communication and cooperation between our two govern-
ing bodies concerning this matter.
If it is still possible for the Englewood City Council to meet Ms.
Arthur prior to making a reappointment recommendation, we would welcome
the opportunity to discuss with her our concerns •
Sincerely,
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VERN MANN
Mayor Pro Tem
cc: Members of Englewood City Council
Andy McCown, City Manager
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Mayor James L . ·'aylor and
Members of City Co uncil
Englewoo d , Colorad o
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cnY ~ Ai~.l ul•· ~ Jr f.!,;~
~N Gl EW'Y' June 23 , 1979
Upo n reading the June 20th edition o f the En glewood S e ntinel ,
I was very disa p pointed to read of yo ur decision regar ding t h e
lack of aid to our Engl ew ood High School Ba nd for its trip to
Pasadena in January.
Since, in the past, you have provided money for s everal individuals
and music organizations, why are you refusing to support ou r own
band com prised s olely of Eng lewood s tu dent s, who s e parents a r e
tax!Jayers?
If you consi d er it good oublic relations to assist indivi d uals
and other organizations, I cannot unders t and y o ur decision in
re f u s ing to give our Englewood Band the support they need. At
the Rose Pa rade in Pasadena they will be marching before millions
of people and will be viewed on internatio nal television. Hy
understanding i s tha t they will a l so make several other appear-
ances in the Los Angeles area while in Ca liforni a .
The article me ntioned that the city has job s available for b a nd
membe r s , bu t I understand that when some s tudent s a pplied they
•,rere inform ed there we re no jobs a vai lable .
I feel str ongly th a t the members of Q.!lli En g lewo od High S chool
Ban d sho uld have equal support a s has be ~n given to others ,
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LLB/eb
cc: Englewood Sentinel
'j. l / .. :.2 ..., , ., : (._/, ;.. _jt I
'L L. Br'ownewell , ·~
Former Hayer of En g lewood
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City of Englewood
FROM THE OFFICE OF THE MAYOR
James L. Taylor
City Council
James l. Taylor . Map
Vern Mann , Mayor Pro Tern
David B. Clayton, At Large
Donald L.R. Smith , 1
Donald M. Weber,ll
Donald W. Williams ,Ill
Donald W. Harper ,IV
3400 South Elat i Street
Englewood , Colorado . 80110
phone :303· 761·1140
June 27, 1979
Mr. L. L. Brownewell
4640 South Jason Street
Englewood, CO 80110
Dear Browne:
I agree with you that we have the greatest band in the country, and
I am 100% behind them in everything they do. However, it is my fe <!ling,
and also the feeling of City Council, that these kids should try to
make as much money as they possibly can this summer and next fall to
pay their own way. I am told that it is going to cost about $350 for ·
each person who participates in the parade, and for their own gratifica-
tion I feel they should make every effort to earn that money themselves.
I am sure the other members of City Council feel the same way.
In fact, my own granddaughter is one of the participants and she has
gotten herself a job working in a restaurant and is saving at least
$10 a week in order to have money to go to California. I told her that
if she didn't have enough money when the time came and if she had made
every effort possible to make her own way that I would give her what
she needed. I feel that other parents may have the same attitude. The
thing that bothers me, Browne, is that any more we don't let the kids
work and get the things they want like we had to when we were kids .
I assure that all of us -the whole City Council, the city staff, the
schools, and everyone else -are all very proud of our band and will do
everything we can tQ assist them after they help themselves.
~:i=·~f71o~-
JAMES L. TAYLOR
Mayor
ph
cc: Members of Englewood City Council
Andy McCown, City Manager
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1127 wazee street
denver, colorado 80204
(303) 823-8271
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7.
desks incorporated Cofflmerct a l tl.lrnt al'un ga /space d e atg n
• June 22, 1979
City of Englewood
Englewood City Hall
Chairman, City Council
3400 s. Elati
Englewood, Colorado 80110
Dear Sir:
RECEI VE D
J UN 2 5 1979
CITY MAN :\GE WS OFFICE
EN GLEW OOD
I was pleased to note that monies were finally set aside to he l p
customers defray the cost of thawing water service lines that
froze during the 78/79 winter.
However, why financial help was allowed only for residential and
not for commercial property is very disheartening. Some of us
who own commercial property and operate businesses in Englewood
spent considerable sums of money to have water service restored -
in our case more than once.
If commercial property was not included because of the tax
advantage of expense deductions, then what of the residential
property owners who own residential property solely for renting /
leasing purpos es? They have the same allowable deductions, yet,
as I understand, they will be reimbursed for 50% o f any expenses
incurred.
We, who bring considerable sums of money into the city coffer
should be treated equally as well as thos e who simply choose to
reside in our fair city and, with that in mind, I ask that the
council reconsider the decision to restrict reimbursements to
resid ential property only.
Thank you for any attention you might give this request.
S incer;J.¥, /_,...-.
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Ci ty of Englewood
June 15, 1979
Mr. Hugh Frazier
4569 South Pearl Street
Englewood, CO 80110
Dear Mr. Frazier:
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3400 S El at1 Street
Englewood . Col o rado 80110
Phone (303) 76 1-1140
I am sending you a breakdown of all the charges involved i n Paving
District No. 25. The costs are as follows:
Contractor's low bid price per square foot
1" Asphaltic Concrete Overlay $ .222 Tackcoat .022
Install petromat (labor) .013
Sub-total $ .257
Pu r chase of materials (petromat) .07
Total $ .327
City cos ts:
Engineering services $ .0414
Adminis trative Overhead .0041
Legal and fiscal fees .0078
Legal Advertis ing .0015
Eq uipment r en tal .0009
Materials testing .0005
Ownersh ips and labels (mailings) .0005
Office supplies .0004
Misc. s upplies and expenses .0011
2% contingencies .0077
Bond interest .0440
Less sales tax rebate (. 0029)
Total $ .1070
Cont r actor's costs $ .327
City cos ts .107
Total cost per square foot $ .434
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Mr. Hugh Frazier
Page 2
June 15, 1979
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As I explained on the phone, the City costs are all those directly
applicable to a paving district. The City's policy is to charge all
these costs to the district in order that the district is self-
sufficient and not tax supported. Otherwise these costs would have
to be paid out of the General Fund of the City.
If you have any further questions, please feel free to give me a c all.
Sincerely,
ANDY McCOWN
City Manager
ph
cc: Kells Waggoner, Director of Public Works
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REGULAR MEETING :
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COUNCIL CHAMBERS
CITY OF EN GLEWOOD, COLORADO
June 18, 1979
(f\
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular se ssion at 7 :30p.m. on June 18, 1979.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Councilman Donald Smith. The
Pledge o f Al legiance was led by Mayor James L. Taylor.
Mayor Taylor asked for roll call. Upon a call of the
roll, the vote resulted as follows:
Council Members Williams, Weber, Smith, Harper,
Mann, Taylor.
Absent: Council Member Clayton.
The Mayor declared a quorum present.
* * * * * *
Also present were : City Manager McCown
Administrative Assistant Brown
Assistant City Attorney DeWitt
Director of Engineering Services
Diede
Chief of Police Holmes
Deputy City Clerk Johannisson
* * * * * *
COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF JUNE 4, 1979. Councilman Mann seconded the
motion.
Councilman Harp e r asked that the text on page 7 in the
title of Resolut ion No. 24, be corrected from "Fire Simple" to
"Fe e Simple".
Councilmen Smith and Mann agreed to the correction.
Upon a ca ll of the roll, the vote resulted as follow~:
Ayes :
Nays :
Council Members Williams, Weber, Smith,
Harp e r, Mann, Taylor .
None •
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June 18, 1979
Page 2
Absent :
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Councilman Clayton .
The Mayor declared the motion carried .
* * * * * *
Kay Bohling , 4912 South Gal apago, was present. She
stated that she had been selected as a finalist in the Miss United
Teenager Pageant. She requested that the City sponsor her. The
sponsor cost would be $180.00. She gave some background informa-
tion about the contest and herself.
COUNCILMAN SMITH MOVED TO SPONSOR KAY BOHLING IN THE MISS
UNITED TEENAGER PAGEANT AND APPROPRIATE $180.00 AS THE SPONSOR FEE.
Councilman Williams seconded the motion.
Councilman Smith stated that activities such as this are good public relations for Englewood.
Councilman Harper said he would vote "no" because he
knows nothing of the sponsoring organization. His experience
shows that some of these pageants are disappointing.
Mayor Taylor stated that for the small cost, the public relations for the City is beneficial.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Williams, Smith, Mann,
Taylor.
Council Members Weber, Harper.
Council Member Clayton.
The May or declared the motion carried.
* * * * * *
John Criswell, attorney, 3780 South Broadway, was pres e nt
representing Jack Field, Inc. to request a public hearing and s e t-
ting of boundaries for a hotel and restaurant liquor license to be located in Cinderella City.
Councilman Smith stated that because of the location in
Cinderella City a two-mile radius should be used as the petitioning neighborhood.
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June 18, 1979
Page 3
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COUNCILMAN WILLIAMS MOVED TO SET JULY 23, 1979, AT
7:00 P.M. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION
FOR A HOTEL/RESTAURANT LIQUOR LICENSE FROM JACK FIELD, INC. AND
THAT THE PETITIONING AREA WILL BE A TWO-MILE RADIUS FROM THE PRO-
POSED LOCATION. Councilman Smith seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
* * * * * *
John O'Dell , 10700 East Dartmouth, Denver, was present
representing Colorado Piz za Corporation dba Mr. Gatti's, 225 East
Jefferson. He requested that a public hearing be set and the peti-
tioning neighborhood be established for a 3.2 Beer license proposed t for 225 East Jefferson.
COUNCILMAN WEBER MOVED TO SET JULY 23, 1979, AT 7 :30 P.M.
AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A 3.2
BEER LICENSE, ON PREMISE, FROM COLORADO PIZZA CORPORATION DBA MR.
GATTI'S AND THAT THE PETITIONING AREA WILL BE A ONE-MILE RADIUS
FROM THE PROPOSED LOCATION. Councilman Williams seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor .
None.
Council Member Clayton.
The Mayor dec~ared the motion carried.
* * * * * *
Byron Sutton, 2500 West Hampden, was present to discuss
the problem with golf balls hi tting his property, He stated that
he felt City Council had an obligation to provide a remedy to the
dangerous situation which exists on the 4th hole of the golf course •
He criticized the City Council for taking no action by selecting
the alternative solution of stimulating growth of current trees .
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June 18, 1979
Page 4
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Mayor Taylor reminded Mr. Sutton that the courts had
ruled against him in the suits he brought against the City.
In re sponse to Councilman Smith, Mr . Sutton stated that
at least one or two balls a week are hit onto his property. Coun-
cilman Harper stated that the Englewood golf course was designed
to b e safe and is considered one of the safe st in Colorado .
Assistant City Attorney DeWitt stated that the City can
not be responsible for the acts of third parties. He further ex-
plained the design characteristics of the golf cours e .
Mayor Taylor told Mr. Sutton that his last recourse is to sue the City.
* * * * * *
Melvin Minnick, 4565 South Pearl, was present to discuss
Paving District 25 . He stated that he and his n eighbors objected
to paying for an inferior job, a job which did not meet the stan-
dards of the City. He stated the street will require repair before
it would normally be necessary because the job was not completed correctly.
Mayor Taylor stated that payment was being withheld
from Western Paving until Paving District 25 was satisfactorily completed .
Councilman Smith sta t ed that there have been similar pro -
blems occur in other Colorado and Wyoming communities. He said
the contract speci fied a layer of "Petromat " and an inch of aspha lt .
The use of "Petromat" provides a better surface than 2 inches of asphalt.
Gary Diede , Director of Engineering Se rvice s , defined
"Petromat" and described the paving process .
Councilman Smith assured Mr . Minnick that the job wou ld
be completed correctly. He added that there is also a two-year warranty on the job .
Hugh Frazier, 4569 South Pearl, was present to discuss
Paving District 25 . He stated that the administrative costs be ing
charged to the Paving District were excessive. The costs were com-
put ed at $0.10 a square foot .
City Manager McCown e xp lained that administrative costs
included all non -p aving costs and were allocated propor tionately to the property owners.
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June 18, 1979
Page 5
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Director of Eng i neering Services Diede presented a
breakdown of all costs for Paving District 25.
Councilman Smith asked that the administrative costs
for the Paving District be reviewed.
Isabel Knight, 3021 South Lincoln, was present. She
questioned the relationship of allocating costs of City personnel
used for paving districts. She expressed her concern that these
personnel were already on City payroll.
City Manager McCown explained the budgeting procedures
and how costs of personnel are allocated to General Fund and Pav-ing District projects.
Mrs. Knight stated that northeast Englewood needs a fire
station and that City Council should find land for this purpose.
Land in this area is in short supply and it would be unfortunate to
have to condemn homes for this purpose. The City should buy land now.
City Manager McCown explained the current fire station
situation and said that the Fire Chief will be doing a study to
find a location in this area.
Mayor Taylor stated that the City may have to condemn
residential property if other property is not available.
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"Communications -No Action Recommended" on the agenda were received:
(a)
(b)
(c)
Minutes of the Housing Authority meeting of
April 25, 1979.
Minut e s of the Planning and Zoning Commission
meeting of May 22, 1979.
Memorandum from the Municipal Court Judge to
the Mayor and Council concerning the May
Activity Report.
* * * * * *
A letter from the Board of County Commissioners, Arapahoe
County, concerning the reappointment of Jean R. Arthur for a four-
year term to the Regional Transportation District was presented • I •
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June 18, 1979
Page 6
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COUNCILMAN WILLIAMS MOVED TO APPROVE THE ARAPAHOE COUNTY
COMMISSIONERS' RECOMMENDATION TO REAPOINT JEAN R. ARTHUR TO THE
REGIONAL TRANSPORTATION DISTRICT. Councilman Weber seconded the motion.
Councilman Weber stated that he did not personally know
Arthur, but he was not very happy with the performance of the RTD.
The City received an unsympathetic response from a hearing board
considering Englewood's request for furids for the Ithaca -Santa Fe
couplet . A significant number of members were from RTD . The City
needs better representation from this important group.
Councilman Smith stated that the City is being asked to
give their approval to someone they really don't know. The
commissioners have given no alternatives . The City needs a report
of her positions and activities in order to properly evaluate
whether the City should approve or disapprove the appointment.
Upon a call of the roll, the vote resulted as follows:
Ayes: None.
Nays: Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
Absent : Council Member Clayton.
The Mayor declared the motion defeated .
COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO
WRITE A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS STATING THAT
THE PROCESS FOR SELECTION OF OUR REGIONAL TRANSPORTATION DISTRICT
REPRESENTATIVE NOT ONLY BE STARTED SOONER BUT THAT WE HAVE AN
OPPORTUNITY TO INTERVIEW THE INDIVIDUAL THEY RECOMMEND AND QUESTION
THEIR PAST PERFORMANCE. Councilman Weber seconded the motion.
Upon a call of the roll, the vote resulted as follows :
Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
Nays: None.
Absent: Council Member Clayton.
The Mayor declared the motion carried.
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Mayor Taylor declared a recess at 8:40 p.m. The Council
r e convened at 9 :00 p.m. Mayor Taylor asked for roll call. Upon a
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June 18, 1979
Page 7
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call of the roll, the following were present:
Council Members Williams, Weber, Smith, Har per, Mann, Taylor.
Absent : Council Member Clayton.
The Mayor declared a quorum present.
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COUNCILMAN WILLIAMS MOVED TO CONSIDER AGENDA ITEM 8(A)
NOW. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
Robert Holmes, Englewood Police Chief, was present to
request permission to send a police captain to Traffic Management
Administration courses at Central Missouri State University.
COUNCILMAN WEBER MOVED TO APPROVE THE RECOMMENDATION OF
THE CHIEF OF POLICE TO SEND A POLICE CAPTAIN TO TRAFFIC MANAGEMENT
ADMINISTRATION COURSE AT CENTRAL MISSOURI STATE UNIVERSITY. Coun-
cilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Williams, Weber, Smith, Harp e r, Mann, Taylor.
Nays : None.
Absent: Council Member Clayton.
The Mayor declared the motion carried.
ORDINANCE NO. 24
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO. 23
INTRODUCED BY
COUNCILMAN CLAYTON
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June 18, 1979
Page 8
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AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH
LOT OR TRACT OF LAND IN SAID DISTRICT ; ASSESSING A SHARE OF SAID
COST AGAI ST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCR IB -
ING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 23 ON
FINAL READING. Councilman Williams seconded the motion.
Director of Enginee ring Services Diede responded to Coun-
cilman Smith's question saying that no corrective work needed to
be done.
Upon a call of the roll, the vote r es ulted as follows:
Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
Nays: None .
Absent: Council Member Clayton.
The Mayor declared the motion carried.
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ORDINANCE NO .
SERIES OF 1979
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN
PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV-
ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR
TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS;
AND DECLARING AN EMERGENCY.
COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON
FINAL READING . Councilman Williams seconded the motion.
Councilman Smith stated he would vote "no" because the
City Coun ci l did not take into account the citizen input during
the public hearing. He said he would continue to vote "no" on
paving district approval until there is a change in the public
hearing procedure .
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Jun e 18, 1979
Page 9
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Councilman Weber shared Mr. Smith's concern that the public
hearing procedure needed to be changed to be more responsive to citizen desires.
Councilman Weber asked why there wa s an emergency clause in
the ordinance. Assistant City Attorney DeWitt said he didn't know
why. Di rector of Engineering Services Died e thought it may have to
do wi th an interest paym ent due by July lst.
It wa s as ked that someone call the bond couns el to find
out why ther e was a need for an emergency clause.
COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF COUN-
CIL BILL NO. 22 UNTIL THE END OF THE MEETING . Councilman Weber
seconded the motion. Upon a call of the roll, the vot e resulted as follows:
Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Tay lo r.
Nays: None.
Absent: Council Member Clayton.
The Mayor declared the motion carried.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 2 5 COUNCIL BILL NO . 29 SERIES OF 1 97 9 INTRODUCED BY
COUNCILMAN SMITH
AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT OF WAY
IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF
BLOCKS l AND 2, OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO .
COUNCILMAN SMiTH MOVED TO PASS COUNCIL BILL NO. 29 ON
FINAL READING. Councilman Mann seconded the motion. Upon a ca ll
of the roll, the vote resulted as foll ows :
Ayes : Council Members Williams, Weber, Smith, Harp er, Mann, Taylor.
Nays: None.
Absent: Council Member Clayton.
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June 18, 1979
Page 10
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The Mayor declared the mot ion carried ,
ORDINANCE NO. 26
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO . 28
INTRODUCED BY
COUNCILMAN MANN
AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE
CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE
THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS
RAW WATER BY MISSION VIEJO COMPANY .
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO . 28 ON
FINAL READING. Councilman Harper second e d the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
Nays: None.
Absent: Council Member Clayton .
The Mayor declared the motion carried .
ORDINANCE NO.
SERIES OF 1979--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 26
INTRODUCED BY
COUNCILMAN MANN
AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS;
RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF
WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD .
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO . 26 ON
FIRST READING . Councilman Williams seconded the motion.
Councilman Weber stated that the bill is not as compre-
h e ns ive as it needs to be but it is a good start to needed solu-tions .
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June 18, 1979
Page 11
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Upon a call of the roll, the vote result ed as follows:
Ayes : Counc il Members Williams, Weber, Smith, Har per, Man n, Taylor .
Nays : Non e.
Abs e nt: Council Member Clayton.
The Mayor declare d the motion carr ied.
* * * * * *
City Manager McCown said he had received a letter from
Cherry Hi l ls Village about street improvements on Clarkson Street .
Cherry Hills will be having a public hearing on September 17th
to consider this item. In response to Mr. Weber's question, Mr.
McCown said that the reason the public hearing is not being hel d
sooner may have something to do with their bud ge t.
Mayor Taylor sa id that he, Mr. McCown and Kells Wag goner
attended a meeting with Cherry Hills and Greenwood Village about
Little Dry Creek. Urban Drainage District is beginning studies
to build a new dam to replace the Berry and Prentice dams.
* * * * * *
Councilman Mann asked Jim Keller to sp e ak on the vacanc ies
on the Downtown Development Authority.
Jim Keller, Ex ec ut i ve Director o f the Downtown Develop-
ment Authority was present. He stated that Directors Curry and
Maxwell 's terms expire on June 30th.
COUNCILMAN MANN MOVED TO NOMIN ATE JOHN MAXWEL L AND GERRY
VON FRELLICK TO FILL THE VACANCIES ON THE BOARD OF DIRE CTORS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY . Councilman Williams seconded the motion .
Councilman Weber questioned the qualifications of the
nominees and make up of the current board.
COUNCILMAN WEBER MOVED TO POSTPONE TO JULY 2, 1979 THE
CONFIRMATION OF THE NOMINEES . Councilman Smith seconded the motion.
Councilman Williams asked about the qualifications of the nominees •
Mr. Keller stated that Mr. Maxwell h as been a member of
the board and Mr. Von Frellick is a property own er i n the distr ict •
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June 18, 1979
Page 12
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Upon a call of the roll, t he v ote resulted a s follows:
Ayes: Council Members Weber, Smith .
Nays : Council Members Williams , Ha rpe r, Mann, Taylor .
Abs e n t: Council Member Clayton .
The Mayor declared the mot i on defeated .
COUNCILMAN WEBER MOVED TO SPLIT THE QUESTION . Counc ilman
Smith seconded the moti on . Upon a call of the roll, the vote re-s u lted as follows:
Ayes : Council Members Web er , Smith.
Nays: Council Members Williams, Harper, Mann, Tay lor .
Absent : Counc il Member Clayton.
The Mayor declared the mot i on defeated.
Upon a call of the roll, the vote on t he or ig inal motion
to confirm Mr . Maxwell and Mr. Von Frellick resulted as follows:
Ay e s: Co uncil Member s Williams, Harper , Mann, Taylor .
Nays: Council Members Web er , Smith .
Abs ent: Council Member Clayton.
The Mayor declared the motion carried.
* * * * * *
Council reconsidered agenda item 7 (B) pertaining to Council Bill No . 22.
ORDINANCE NO. 27
SERIES OF 1979
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN
PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOO D, COLORA DO ; APPROV-
ING AND CONFIRMING THE APPORTIONMENT OF SAID COSTS TO EACH LOT OR
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June 18, 1979
Page l3
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TRACT OF LAND IN SAID DIS TRICT; ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR THE COLLEC TION AND PAYMENT OF SAID ASS ESSME NTS; AND DECLARING AN EMERGENCY.
Director o f Engineering Services Diede returned to
report on his conversation with Bill Lamm, bond attorney. Mr.
Lamm said that the em e rgency clause exists in the ordinance be-
cause we must pay int e res t monthly for the bonds we don't pay
back. Every month there is not an ordinance in effect the City
must pay interest. This will cost about $2,700 per month. The
City may assess the property owners for the paving district with-
out the contract being completed. In answer to Councilman Smith's
question, Mr. Diede said that the proposed schedule has been fol-
lowed. In response to Mr. McCown, Mr. Diede stated that the costs
were available on March 19 of this year. The City will be hold-
ing payment to the contractor until satisfactory completion of the contract.
Mayor Taylor called for the question. He asked that the motion be re-read.
COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON
FINAL READING. Councilman Williams seconded the motion.
Councilman Smith stated he would vote in favor of the
bill only as a financial protest. The system of public hearings,
when we don't pay any attention to it, is ridiculous. Something
needs to be done to respond to the public.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent:
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
* * * * * *
Mayor Taylor adjourned the meeting at 9:40 p.m.
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e A
P R 0 C L A M A T I 0 N
WHEREAS, on or about May 24, 1979 , MARK JACOBS, an
Englewood Reserve Patro lman, was a t the home of a f r iend in
e ast Denver when he heard screams coming from a nearby yard; and
WHEREAS, MARK JACOBS ran toward the screams to find a
young woman lying on the ground unconscious from electrical shock; and
WHEREAS, MARK JACOBS, detecting n o pulse or breathing,
having previously taken cardio-pulmonary resuscitation courses
a s a reserve officer and member of Explorers, immediately began
heart massage on the unconscious woman; and
WHEREAS, as MARK JACOBS was u sing CPR on the unconsciou s
woman, a nurse arrived and administered mouth-to-mouth resusci-
t at i on. Due to their combined efforts, the young woman was revived; and
WHEREAS, the quick action of MARK JACOBS in using his
training saved the young woman from possible death of electrical shock.
NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, hereby commend
MAR K JACOBS
for his quick think ing and alert action in saving the life of a
young wo man suffering electrical shock and hereby proclaim that,
by his actions, MARK JACOBS has distinguished himself as an
out stand ing member of the commun ity and of the Englewood Police Reserve.
GIVEN under my hand and seal this 2nd day of July, 1979.
Mayor
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APPLICANT:
The John
90 W. Belleview
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COUNCIL ACTI ON REQUEST
LIQUO R AND J . 2 BEER OUTLE TS
TYPE OF ACTION REQUESTED:
Annual Liquor Renewal -3 .2 Beer Reta il License
POLICE AND FBI REPORTS:
See Attached copies
PREVIOUS CITY COUNCIL ACTI ONS DURING PRIOR TWO YEARS,
EXCLUDING ANNUAL RENEWAL:
CITY ATTORNEY 'S REVIEW:
C Qt.IJlENT S :
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FoRM oRL 401
, (R EV 1/78 )
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STATE OF CO 0 0
DEPARTMENT OF REVE ..IE
RENEWA L AP PU CATION FOR 3 2'>. 'JO N-OT Wft iT£ IN THIS SPAC£
FERMENTED 'Ull BEVERAGE liCENSES LIQUOR EoNFO A CEMEN OF FICER 'S ACfiON
(GET AP PROV AL OF lOCAl liCENSING AUTHORIT Y FIRS I ....... , 0 ...
<•C l'I'"'G ...... ,:. .. ,, ,,
•t ou IOfO u ... o
f;:)C(IlOIIAOO
''"''l , ..... ,01.. ...... (, .,~
SS No.1
u l L KLl :lN t V
v ll '1 U ~E: .,.Ill 14'1 F
J LHi; Tlif.
C/0 ' M S l TlM4 '1 CO
7 20 5 (.CL .J f l
DEOWh' C u
IMPORTANT
SEE INSTRUCTIONS
ON THE RE V ERSE
SlOE
ll -&27 47
U0 2 '-.
APPROVED
lnSAPP RO\fED
f ., ,., '
OAT{
~ ~_.., f t f{ o• .. Nl •
____ ._: __
MAKE CHECK OR MONEY O RDER PA Y ABLE T O THE
COLORADO DEPARTMENT O F REVEN U E
TOTAL FEE (Sl
-~ ~b.J
SSN o.2 "FEIN d4-Ll7.l S ]O
I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION ='--------
EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE ST R UCTURE .
NEW TPADE NAME
SIGN ATURE Ma ihng Address
IIF THERE IS A CHANGE IN OWNERSH IP DO NOT USE THIS F O AM USE A N ORIGINAL APPLICATION .!
[iVJ;eT-r J , .3...2
[_
MANAGER$ NAME
I F APP LI CANT IS A CORPO RA TION . FI LL IN REVERSE S ID E
N AME AND D ES CRIPTION OF LICENS E
fll.
D o you have lega l possess ion of the prem1se s fo r whtch thts a phcat1on for !.c en~ ts made7 Y.~
Are the premtses owned or rented? ~e..O If rented . eff@Cr tve & t•P•ratton date o f lease
1_
__ sl.Js3
Is appltcant(s) or all off teeds) of the corporatron , crtrten(sl or permanem re~otdenttsl o f the Unned States of Amenca and Colorado ? _ 'i~s
Is the applicant . or any o f the partners, or an y of the o ff rcers. stockholders or d tr c c tors o f s.ard applrcam Iff rt is a corporation )
or employees of any such , under t he age of twenty~ne years ? Yes N o
Has tne apphcant, or any o f the p a rtners or an y of the o fftcers, stock.holder~ or drrectors of 'i8td a pplicant (if It tS a corporati On) ever been con
vtc ted of a err me '" t he State of Colorado or elsewhere> Yes No~-
If so. state full detatls
Has the applicant, o r any of t he partners. or any o ff tc ~r. dtrector or stockholder of sard app lt cant (If 1t IS a corporattonl ever
(al b een dented a license under th\5 ltquor law' Yes No
(b ) hed an al coholic bt\lerage ltcense suspended or revoked? Yes N o
If the answ er rs ye !., e:xpla in fu lly (attac.h separate sheet tf needed )
Does any brewe " or wholesa ler na...e a fmanctal tntereu e,,.drnr:ect et1.,.er by lotms or equ tty owne rshtp in the bus1nen for whrch thts hcense 11
requested? If the a nswe r 1s ves, sta te names dnd addresses and amount o f such fmanctal mterest ex pressed euher 10 dollars or other ttems of value ,
such as tnve ntory, furniture, ttxtures and equrpment Yes No V'
Ltst he nameS and addresses tlf all bustnesses '" wh1ch an y o f the persons '" the prev1o us quest to n are rnte rested -1
-_I
I Nime · Busmeu Address
"If Federal Employers lde ntd tc attCJn Numbet IFE INI JS p re pn n ted rn the abo\le space. p lease chec k you r recotds to see rf you have the same
number If vou have a dttfetent number, corrt!C t the one above so tha t 1t corres ponds wtt h you r records If no number appears'" the above space .
please ftll tn wrth the i="E IN vou have on vour rf"c:or rl~ I
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MEMORANDUM
TO: Mari l yn Irons, Reven ue Divi s ion
FROM: Captai n Ron Frazier, Commande r In vest i gati o n Div i s i on
DATE: May 7, 1979
SUBJECT: Annual Liquor Out l e t Report for the Pe ri od May I, 1978 throug h May I, 1979 f o r:
THE JOHN
90 West Bel l eview
Requests for Pol Ice Assistance 10
Officer Initiated Enforcement Action 3
Incidents of Possib l e license VIo l ations 4
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u 1 ' '-.. ~ "':'"lionc. j }. C.u., Au art Numt...r ' Re..,t.:
-1 STATE OF COLORAOO CUST OD Y REPORT PART I E'~.Lc-1 ·.!! /J.D. .... ':7<;. 7-.S2> b
171 . Custody I" 1172 Cu>todv Clo" 11 4 OR I NumOer .... h() Arrest ( l w.u.,. ( f¥':~..o tope A •• • ----rrett .Na• "' ( • ACiU 'f ., A-'.,l"c•t n -ffi f '. I Del&ni <On Placomon l l)<J Juven•l• ( ) A "'" O ther J. ge.,c:y I ) J uve.,l • F t.nw I ) p,. J0(. Jt Or\ .l17 3 . U TN N&..H'Iller
~ • Cuuody Date !T•me
~eoort
1175
. ~~o•:,t•'&uE" (1~.4 12;;:C~oo
O"f -0 "1 -:]~ 00/0
J CODE · S -S uwect J -Ju~tentle A.-Arrestee SB-~. l>10<t
87 Code 17&s;;;z;:"J~;~:Iol ~._w I, 17 A<••• ,.,, 117 JCH Entry ,..,_o
,::9\ O p er ~to r I 0
-I 178 Sub!OCI ' Add<OU /J ~~P"'""nonc 17Y . Sor:.•a l Secur i ty Nurnoer
Re!... !.-f~ljy §,;:,_ ::?~~Q -'!· ~ L7'r:._"!''-'-"'-c!_ .,_~!. 1.0:.:!. ~23_-.?'~1----
B u s (~<./~V ,Ro,-,.;;.1 /J ,~ A r "::.6</c; t.J ~.....,.,J(~:'.~c<.o;.~)j 180 Loc a l Agency ~uh .... No tM!'-41 1' I
.... -~ 181. Doto ot B<H h 182.5•• I:B3.Aocors•._: .. r85~ H~ 186. WI . r8 7.Hol• 1BB:tov •• rag M ...... s ... u. 190 O perator s Lu.• ' ' 1\<u HH.>OI mlo~-0 1-b~ ~ CA /;:, s -7 t.z.o 1&..,..~ fS....., S.N<>~e -
~ 192 P lace ot B 1t1h (Citv , S t ate or Country) 1921.POB 193. Occuo•t•on 194 Sub1e'-t '1 Ac Oons
ti-=..J O«!t..,....-.15. LA Sn..-c.,....J 7 0 Ait5tstt0 1 ·\'
195. Employer ( F trm) Name 1'96 Emplo vo• (F,.ml Add<eu AtmeiJ 3
4 A •~eld t rt(J Ultt~.o~r
197. lnjury/tlln eu 198 . Truted 19g, Trut eu B Y r OO. Who'o T «•,.o 101 U;;nu 1
I I V e e ( J No
202. V tt tble Injuries 1203 rla• I ...
")(..I'Ve\ I I -COD E o f -Father SF -Step• at her M -Mother SM-Supmother G -Guard'·"'
204.Codc 205. Name (Lut, F,rn Mldo le• 2 0 6 Add r est Zm Code 207 Tr t .. pl"'"" 1 ._ ' -
Ao._/_'f'2t fl. -~~~~--;n D~.A>c./ w~ ~ :... - -----.J:O_a,} :!' ) . .'1_ --.... Bu• z w Res. ::;; --------------------------w .... But. ' 0.
0. A u , .J -'-I
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w ~
-" Ae• ~ -'----------------1----------z Bu s I I w > 208 Parson Not1f1ed of JuvtndQ CutlOdV (Leu , Ftrs t , M idd le) 1209 Retet•Ontn .p 1210 Q,ue fT tm e NOt i 1!8 0 I :::l
-, ~nHe Ae luud T o (Last, F tr tt, M•ddle } 1212 Relet o n sn 1p 1213 S·gn.tur a ot P•r so, A•c•lv tng 121 4 Oatt/Trm• He l •t~w-.1
'715 Rupon~e to A 1ghu 216. Ag•ncv Actron Tu<nod Ovo • to Otno• Ai"")-4,, r.f} ~~ (J
0-:;.tent 0 Aela,ued on Summons
N a " • ot Per~or Fuce·... g f?'JUJ/l1 V.,.z. .. ~ ___ 1 · Munocop ol J <~ll z 1 -Ac O.no"""'t e dgeo d. Countv Jail v / d '-1-Jff/ 0 You th Center A,. 'l.¥ "•""'• ;:: 2 -Wan .. e d 4 Oetoa,frcat tOn Cenuir -----
iii 3 StotCIT'On t 5 · Aeteued . P endong Ch••st•• AO• ... '3 t2 ~6 W·-=VUJA-;.£ 0 6 Released , No Charges 7 6 {_ -LL_I?(c 0. 7 O ther "' 4 -Not •\ppliCD\)Ie Te:e~hone ,_., ~t.• 0 Q!t -O<f-:;7~ Oaut T •me of Acuon j217. ADN .,
]18 CJS N ... rnbe r 219 S tatute N&..~mo er 220 Charge 221 . OttenM 122 SymrT'Ions No 22J 224 )2 ~
Ordrnance Numb•r W .J rren t No Munr. State 1~'--"' Yos N u
w
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1 8 SOLI Or'l .5-yc I /,..m.<.~.J?l::.-{) ( • 0 ') ..&~) NumlJOr
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ENG LE WOO D POL ICE OCPARTt(NT
1, Cl DENT REPO RT
CR I~-/~3;?5'
OOB _:j_/ <9""' 1_-(f::. __
A J DRESS_~9""Q--""o/'--""'i3...,.e..::u=e:..:lf:..:l.::ir..::u.J~----------PHON[ # 2£1_-.t:-r?$3'
C£TAILS: \".0 Tt8u R Et!e
~"l t i\4 t-it& kt«pl!E'. 6'c &vt.KP rr ~N •I tmeeg.) Mr!'-t.c.J , Of-f Cc,p>'~
&Jb PEs . Off , ed !l )g g.g· f-lc so #?rz.C!'S EWT -
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DATE _l __ l _!!__! _!.§__
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EI~G LE\~000 POLICE lJEPARH I(NT
INC I DENT REPORT ;:/_-"' 1/ I
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RP/BUS flA~£ _ _;{):...;r;=:-..:..__-:5~ . ...:..f1~.:..:f11..!!:A!.!.l ._"-'· rJt:i.JE-~1-----------OOB __ / __ / __ _
ADDR ESS ________________ _
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I:I~CLE 1~00D POL I C£ U::PAHTr(NT
1:-.iCIDEt-.T RI:PORT
DATE ..L_/ _:L; __!_}_
AOOR£$5. __________________________ PHOI~[ 11
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NATURE : __________________________________________________ __
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ADORE~S
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June 26, 1979
William Gilmore
2934 South Detroit Way
Danvar, CO 80210
and
Rodney Utz
3015 South Josephine
Denver, CO d02l0
Dear Messrs. Gilmore and Ut z:
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Ina Englewood City Council will be considering the renewal of the
3.2 beer license of The John at its July 2, 1979 Council meeting.
In ita yearly report, the En6lewood Police Department shows numerous
police calla. Because of the number and type· of calla, City Council
will want you to ap~ear this Monday, July 2, 1979, to answer any ~ueations they may have. The Council meeting begins at 7:30 p.m. and
your place on the agenda will be early in the ~eeting.
If you have ~ueations about the Police Department's call report,
please call Ca~tain Ron Frazier. If you have any other questions, pleaae call myself or ~ric Johanniason .
Cordially,
William D. James
Director of Finance
/j1w
cc: Robert Holmes, Police Chief
Ron Frazier, Police Department
C~RtiFIED MAIL
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BOA RD OF ADJUSTMENT AND APPEALS
CITY OF ENGLEWOOD, COLORADO
MAY 2, 1979
SPECIAL MEETING--MI NUTES
5 A
The s p ecial meeting of the Board of Ad justment and Appeals was called
to order at 7 :30P.M . by acting Chairman Olive r .
MEM BERS PRE SENT:
MEMBERS ABSENT :
ALSO PRE SENT :
Kr eiling, Seymo u r, Hallagin, Leonard, Da wson , Olive r .
Brown, Pratt (Prese n ce not required)
Clark, Assistant City Attor ney
Pittman , Chief Buildin g Inspector
Ch r isty, Reco r din g Secre ta r y
--------------------------------------------------------------------
At t he directi o n of t h e Ara pahoe County Cour t, this spec ia l meeting
wa s c alled to addre ss t h e Findings of Fact i n Case 34-78, 4840
So . I nc a St., La wrence E . and Susan L. Jones. This hearing was held
on August 9, 1978 to consider t he request for a variance to permi
a Day Care Facility in an R-1-A residential z one .
The membe r s of the Board were polled individually and were asked to
state their Findings of Fact upon which they based their favorable
vote to grant this variance as found in the previou s meeti n g.
A verbatim transcrip of these Findings of Fact was prepared and
sent to the Arapahoe Co unty Court .
A final poll of the Board members was called and each summ a rized
their concl u sions and fin dings again .
Chairman Oliver stated that they again have six affirmative votes
and feel even more strongly now than be f ore that t his case should have
b een decided as it was . Chairman Oliver declared the Special Meeting adjourned at 9 :00P.M.
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MINUTES
COUNCIL MEETING AND PUBLIC HEARING
DENVER REGIONAL COUNCIL OF GOVERNMENT S
MAY 16, 1979
Present:
William J. Thorn ton, Chairman
Thomas Eggert
Harold V. Cook
Cathy Reynolds
Carl Winkler
Vesta H. Miller
William Cobern
Paul Danish
Doris Durdy
Beth Jenkins
George Drake
James Lauratis
Arthur Tice
George Garson
Fred Fisher
Jim Lee
James Collins
George C handler
No rbert Meier
Harold T. Hodges
Michael Schonberg
Rodney Sheffer
Gary Lewm an
Jack Kins tlinger
Also Present:
Town of Bow Mar
Arapahoe County
City & County of Denver
City & County of Denver
Douglas County
City of Arvada
City of Aurora
City of Boulder
City of Brighton
Cherry Hills Village
City of Edgewater
Town of Erie
City of Fe deral Heights
City of Glendale
G reenwood Village
City of Lakewood
City of Littleton
City of Longmont
City of Louisville
City of Northglenn
City of Th orn ton
City of Westminster
City of Wheat Ridge
Colo. Dept . of Hi ghways
5 B
D iana Royce Smith, RTD; Georg e Patterson, Longmont Mayor; James
Jarvis, Denver Council Aide; James W. Petersen, Washington Park East;
Carol Stamps, W. P .E .; Jim Schefe, W. P .E., Ed Alexander; E. Clark
Johnston; Ma rtha C. Johnston; C l audia Alexander; Michele Mahoney,
Mission Viejo Co.; John Morehead, The Denver Post; Don Wyman, Denver
Ci ty Cou ncilman; Frances Carzloll ; John Obie nhall, D.O.; Lucia Cowperth-
waite , Stokes Place-Green; Thomas Q. Benson, DRCOG Attorney; Bill McCall,
Arapahoe County; RogerAllott, Chairman, CJAC: Bill Koleszar, Chief, Arvada
Pollee Dept.; Craig Camp, Chief, Northglenn Police Dept.; Robert D. Farl ey ,
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MINUTES-COUNCIL MEETING
AND PUBLic HEARING
MAY 16, 1979
Page two
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Executive Director, DRCOG; and various members of the DRCO G staff.
Chairman Thornton called the meeting to order at 7:40 p.m. Roll was called and a quorum declared present.
Public Hearing on Plan Amendment.
Chairman Thornton convened the Public Hearing in accordance with estab-
lished Council procedures for public hearings on plan amendments. The folloWing plan amendment was discussed:
Denver Councilman, Don Wyman, submitted a request for an amendment to
the adopted long range Highway Plan in accordance with the DRCOG Gen-
eral Plan Amendment procedure. The request is for the deletion of Alameda
Avenue from the long range Highway Plan as a Principal Arterial from Down-
ing Street to Cherry Creek North, including the crossing of Cherry Creek.
The request proposes that the facility be classified as a Collector roadway.
Since there is no bridge over Cherry Creek and since it will probably be
many years before funding would become available to construct a bridge,
and further, since residents of the area are opposed to the construction
of said bridge, it appears appropriate to change the designation at this time.
A number of persons submitted comments and written testimony and a com-
plete summary of the proceedings is attached to and made a part of the file
copy of these minutes. Final action will be requested by Council in June
on the proposed amendment. The June Council meeting will be held on
June 27th at 7:30p.m. in the DRCOG offices.
The Public Hearing adj ourned at 9:35p.m. Mter a five-minute recess,
the Chairman called the DRCOG Council meeting to order.
Minutes of APrillB, 1979.
Council on motion by Mr. Lee, supported by Mrs. Miller,
unanimously adopted the minutes of the April 18, 1979 meeting.
ommittee Meetin held this date
Mr. Cook, Vice Chairman, reported verbally on the meeting and responded to questions from Council.
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MINUTES-COUNCIL MEETING
AND PUBLIC HEARING
MAY 16, 1979
Page three
Report of the Chairman
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Chairman Thornton reported on the NARC Conference held in Detroit; and
reminded Council members who had not yet registered for the Policy Work-
shop on May 31-June 2, 1979 to do so as soon as possible.
Report of Committees
Mr. Fonvielle, DRCOG staff, distributed a recommendation to Council
from the Citizens Advisory Committee stating that they recommend that
the MPO move directly to Phase III in the Regional Highway Plan Restate-
ment Process with reference to the Restated Plan.
Mr. Cobern reported that the Urban Systems Committee will meet sometime
before June 27th, and notices will be mailed as soon as the date is finalized.
Mrs. Miller reported that the Program Committee heard an update on the
status of S.B. 480 which would transfer the Water Quality Control Com-
mission from the Dept. of Health to the Dept. of Natural Resources.
DRCOG Meeting Date Changed
The meeting date for the June meeting of DRCOG has been changed because
of a conflict with the annual meeting of the Colorado Municipal League.
Instead of being held on the third Wednesday--June 20--the meeting has
been moved back a week and will be held on June 2 7.
Transportation Plan Restatement
Mrs. Miller stated that the Program Committee on May 2, 1979 recommended
Council adoption of the Transportation Plan Restatement Resolution.
Mr. Scheuernstuhl , DRCOG staff, reported that the Transportation Plan
Restatement Process has been one of taking a look at the currently adopted
Plan to see what changes could be made to address fiscal constraints,
environmental concerns, and other criteria as outlined in the slide show
which was shown to Council. If in making those changes, staff is satis-
fied that the Plan is feasible, addresses and can obtain the air quality stan-
dards, as well as can satisfy a number of the other criteria. The recommenda-
tion is to proceed to Phase III to make any minor refinements, deal with issue
corridors, and move toward adoption of that revised plan. The other option
is to move to Phase II and start from ground floor again.
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MINUTES -COUNCIL MEETING
AND PUBLIC HEARING
May 16, 1979
Page four
The decision at this meeting i s to affirm the recommendation from the staff
and the Transportation Committee to move to Phase III. Council was then
given background as to why Phase lll should be initiated.
Mr. Kinstlinger noted that the Transportation Committee, at the same time
that it made the motion to go to Phase III, also recommended that staff do
the necessary work to allow this Council to adopt the Restated Plan as an
interim plan this summer, rather than continuing with the current plan for
the year of 18 months that it will take to finish the work. They felt it
would be better to adopt the restated plan with issue corridors identified
and then at the end of Phase Ill resolve those issue corridors one way
or the other. This is a position that the Highway Commission adopted
at its last meeting. While this is not an issue that Council was asked
to consider at this meeting, it will be considered b y the Transportation
Committee meeting on May 23rd, and will probably be before the Council
during the next several months.
Council on motion by Mrs. Miller, supported by
Mr. Cobern, unanimously adopted Resolution No. 9,
19 79, A Resolution To Proceed to Phase Ill of the
Plan Restatement Activity. (A signed copy of Resolu-
tion No. 9 , 19 79 is attached to and made a part of
the file copy of these minutes.)
19 79-80 Criminal Justice Plan Recommendation for Submittal to the State
Mr. Shannon, DRCOG Staff, stated that the 1980 Plan represents the eighth
year of Council's in volvement in criminal justice. It is the first Plan de-
veloped with Mini-Block designation, i.e. a designation which gives
Council a target allocation for 1979 and 1980, The mini-block authority
is accompanied by administrative responsibility for all grant awards,
planning and administrative authority for the non-Denver portion of the
region. For FY 1980, a mini -block allocation is unspecified at this time
because of the development of new legislation for the reauthorization of
LEAA. Twenty-eight projects were submitted to be considered for funding.
Projects were reviewed and prioritized by the Criminal Justice Advisory
Committee. A brief description of each project was submitted with the
agenda for Council information •
Council on motion by Mrs. Miller, supported by
Mr. Cobern adopted Resolution No. 10, 1979,
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MINUTES-COUNCIL MEETING
AND PUBLIC HEARING
May 16, 1979
Page five
A Resolution Submitting The Program Funding Portion of
the 19 BO Criminal Justice Plan to the Colorado Division
of Criminal Justice Planning for Incorporation as the
Non-Denyer Region III Comoonent of the Statewide Plan
for Criminal Justice. The motion carried with Messrs.
Chandler, lee and Sheffer voting no. (A signed copy of
Resolution No. 10, 1979 is attached to and made a part
of the file copy of these minutes.)
Briefings on the Following Programs/Issues
Mr . Scheuemstuhl described the purpose and objectives of the Air Carrier
Site Selection Study Management Plan; Elaine Good briefed Councll on the
increased usage of and response to the Carpool Marketing Campaign;
Bob Doyle reported the results of the SIP/EPA Resolutions from local
j urisdictions in response to the directive from the Air Pollution Control
Commission; and lastly Al Foster gave a status report on S.B. 1.
Mr. Farley noted that a more detailed list will be distributed to Council
on the response from local communities on the SIP resolution requested
by the Air Pollution Control Commission.
Mr. Farley gave a status report on the NARC Conference held in Detroit
from May 5-9, 1979.
AdJournment
There being no further business, the meeting adjourned at 10:45 p.m.
ATTEST:
Robert D. Farley
Executive Direc:tor
William J. Thornton, Chairman
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MINUTES OF
ENG LE WOOD HOUS ING AUTHORITY
REGULAR MEETING
May 30 , 1979
The r egular meeting of the Englewood Housing Autho r i ty was c alled to ord e r y
Cha i rman Thomas J . Burns a 5 :15 P.M., May 30 , 1979, a th e Simon Cen e r.
Roll Call
Members Present:
Members Absen t:
Others Present:
Thomas J . Burns, Chairman
David B. Clayton
Rev. J. Stanley Fixter
Cindy Peterson
Betty Beie r , Vice-Ch ai rma n
Ri c h Wanush, Di r ect or o f Commu nity Development
Mike Reddy, Executive Director of Housing
Toni Morris, As sociate Hous ing Coo r dinator
Jim Kelle r, Executi ve Director of Downtow n Developmen t
Authority
Ma x Saul, Consulting Ar chitec t for Project #C0-48-2
Reading and Approval of Minutes
The minutes of the Housing Authority meeting of Ap ril 25, 1979 we re considered
for approval .
MOTI ON
DAVE CLAY TON MOVED AND CIN DY PETERS ON SEC OND THE MOTION TO AD OPT THE MINUTES
OF THE REGULAR HOUSI NG AUTH ORITY ME ETING OF APRIL 25 , 1979. THE MOTI ON
CA RR IED AS FOLLOWS:
AYES:
NAYS :
Notice of Special Meeting
THOMAS J. BURNS
DAVE CLA YTON
REV . J. ST.4NLEY FIXTER
CINDY PETERS ON
NONE
The "Notice of Re scheduled Meeting" and "Consent to Rescheduled Meeting" were
introduced . Mr. Burns stated that this Notice was needed as the meeting on the
4th Wednesday would have been May 2 3rd and this Housing Au thority meeting is
being held on the 5 th Wed nesday of the month.
Explanation of Simon Center Waiting List
Mr. Clayton asked that the e xplanati on of the Simon Ce nter waiting l ist
procedure be postponed until more members we re present .
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Budget Review
Mr. Reddy s ated hat the Rehab budget has n ot been ent ered in the computer
as ye . It should be in next month's budget summary. Mr. Clayton ques ioned
whether or not there were any p r oblems in relation to the amount o f money
spent this yea r with the amount of money that is in the budge . Mr. Reddy
stated that there is nothing in the budget that is out of line. Discussion
of the individual budgets ensued .
Section 8 Existing
Mr. Reddy stated that the most important development in the Section 8 p rogram
is the 20\ increase in the Fair Market Rent. This helped us get a s ub stantial
am ount of ce rtifications processed. There have been seven n e w leases signed
as of the lst of June, 1979 .
Mr . Reddy stated that if the Fair Market Rent at t he national l evel is ra ised ,
we will not be able to keep the 20\ i n c rease we have now . Ms. Morris stated
that there is a good possibi l ity that we will be facing a dec r ease in FMR i n
August . However, the odds are very slight that the FMR will increase 20\ over
what i t is now. The e nd result could be a 1 0\ loss in FMR for our program.
Mr. Re ddy stated that our 20\ increase will probably help us out f o r the ne x t
six months . Ms . Morris stated that the proposed r egulation on the national
20\ increase of FMR will have a period for comments from the Co mmissioners of
the Hous ing Au thority .
Rehab
Mr. Reddy stated that a great deal of interest in the Rehab program wa s g ene r ated
si n ce the Public Hearing. Out of the 12 applicants who showed interest , four
will go before the Re hab Loan Committee in June. Mr. Reddy stated that the
sta f f i s to take a serious look at how the l oans for Rehab are be ing p ro cessed.
He stated that he hopes to str e aml ine the program and eliminate some steps;
i .e., mi nimize paper work, shorten response time for verificati ons, allow
more staff time at the front end o f the process . Ms . Morris t hen disc ussed
the foreclosure issue of one of the Rehab applicants. She is going to c all
Kirk Wi ckersham, At torney for the Housing Authority , to find out what our ne xt
step should be regarding thi s c ase. Ms. Mo rris stated that two letters have
been served by the court processor to the t wo parties who are behind in payments
on their Rehab loan. On e of the parties is mak ing attempts to pay on the loan
and straiqhten the situation out. The oth~r party has only sent in one payment.
This party is not c ooperating at all. Discussion ensued r egarding this is s ue.
Simon Cente r
The waiting list procedure for the Simon Cen t er was briefly discussed.
There was a shor break f o r d inner .
Public Ho usin g Project #C0-48-2
Max Saul, Consul ing Architect for Project #C0-48-2 , discussed the Deve lopers
Packet and wha is included therein . Mr. Burns stated that a decision needs
o be made regarding how d etailed the packet needs to be in terms of the c hanges
o be submitted. Mr . Saul recommended that on t he family un its the design not
prohibit handi c apped facilities; i.e ., do not provide high stoops , steps , etc .
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He stated that the d sign could be such hat the unit can be conv r ed with
handicapped facilities; i.e., ramps, large bathroom doo r vs. a small door .
Mr. Saul stated that it is v ery important that the City of Eng lewood 's re gula-
tions in terms of square footage shall be followed whi c h may o r may no be ~n
e x cess of HUD's standards . He also stated that under the secLion on Dwe l ling
Des ign and Construction it should be added that access to the bu1lding no be
with steps. Mr. Saul stated that the buildings will probably be t·,.,o-story
structures. Some of the bedrooms would be loca ed u s airs wh1ch would rul
out han di c apped people occupying them. At least one of h e uni s ould have
to be designated so that one of the bedrooms and a ba h would have o be
downstairs. It doesn't mean that all bedroo ms have to be handi c apped provi s 1 ons.
t~r. Saul suggested that one of the units be designed as a barrier-free unit o
meet the code. He suggested that the other balance of the units in the design
be in such a way as to minimize the necessity for steps and acces s to the front
door .
Mr. Saul stated that he wants to establish a few guidelines as to what the
Housing Authority wants in these family units. The Housing Authority is to
take the~r selection of a deve l oper to HUD , and HUD will in turn evaluate the
Housing Authority 's selection of the developer for the project. The re can
only be one developer; the project cannot be split into two separate projects.
However, the developer may have two c on ractors or subcontractors for the job
as well as two architects .
Selection Process
Mr. Saul suggested that when we get all the developers submissions on the
project i n, the following items should be considered: 1) content of what
they should be submitting; 2) a model (scale model) of the project. Mr. Saul
stated that it is best to have a scale model at the .initial stages of the
project so people will better understand the c oncept of the building.
The developer will have to hire an archite c t to provide services on the project.
Mr. Saul's criteria worksheet for the evaluation process of the archite c t is:
1) Developers' ability to perform
2) Quality of product to be delivered
3) Cost
Mr. Burn s then entertained a motion to adopt the developers packe a s d rafted
by Maxwell L. S aul and As sociates.
MOTI ON
REV. STAN FIXTER MOVE D THAT THE STAFF ADOPT THE DRAFT OF THE DEVELOPERS PACKET
AS DRAFTED BY MAXWELL. L . SAUL AND AS SOCIATES AS AMENDED. C INDY PETERSON
SECO NDED THE MOTION. THE MOTION CARRIED AS FOLLOWS :
AYES: THOMAS J . BURNS
DAVID B. CLAYTON
REV. STAN FIXTER
CINDY PETERSON
NAYS: NONE
Mr. Reddy stated tha the n e xt resolution would b e to endorse the developers
selection criteria o include the three ma in items discussed earlier -1) ability
to perform , 2) quality of product , and 3 ) cost.
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MOTION
REV. FIXTER MOVED THAT THE STAFF DEVELOP THE DEVELOPERS SELECTION CRITERIA
AND DE VI SE A PROCEDURE FO R S EL ECTION. CINDY PETE RS ON SECONDED THE MOTION.
THE MOTI ON CARRIED AS FOLLOWS:
AYES:
NAY S :
THOMAS J. BURNS
DAVID B. ClAYTON
REV . STAN FIXTER
CINDY PETERSON
NONE
Mr. Saul stated that in the developers packet ·it was a s ked that on the 1 0
family units that basements b e provided if the site and soil conditions permit .
He stated th at the packet did not mention anything about including a garage or
carport on the units . It did, however , menti on off-street parking. Mr. Saul
stated that if we don 't ask for these items we will not get them. I t wa s
decided to designate a one-car garage on each unit instead of havi n g a carport
on each unit.
Mr. Saul stated that in the developers packet he asked for two off-street
parking spaces, one of which would be a garage . He is also adding a desire for
outdoor storage (cubage) requirements for each unit. He wanted to make sure
that each unit has its own yard. Mr. Saul asked the Board if they wanted it
stated in the p acket that each unit is to have a f enced yard. Mr . Reddy stated
that it should be stated in the packet that th e Housing Authority wants some
kind of separation for each yard, but not s tate the type of separa tion.
S ite Selection Stat u s Report
Mr. Reddy stated that he met with Ri c hard Hall from Security Pacific to discuss
the site on Girard and Lin coln and to update him on the Housing Authority's
status with the project thus far. Mr. Reddy stated that in regards to the f amily
sites, one site has been signe d off on and o ne is to be s igned off on tomorrow
(May 31st). Mr. Reddy clarified this by stating that two sites have been
secu red on an agre e ment basis ; however, no options have been signed as yet.
Discussion e nsue d rega rding this issue .
There being nothing further to discuss, the meeting was adjourned at 8:4 5 P .M .
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The Englewood Housing Authority Minutes of the May 30 , 1 97 Regular Mee ing
were officially approved by the Commissioners on June 27, 1 979 .
Ex ecutive Director
Englewood Housing Authority
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C ITY OF ENGLEWOOD PLANN ING AND ZONING COMMISSION
JUNE 5, 1979
I . CALL TO ORDER .
5 D
The regular a eeting of th City Planning and Zoning Commission
was called to o rd r, Vice-Chairaan Lathrop presiding, at 7:00 P .M.
Members present : Williaas, Becker, Bilo, Draper, Lathrop,
Pierson, Smith, Carson
Wanush, Ex-officio
Members absent : Tanguma
Also present: Assistant Director D. A . Romans; Associate
Planner Alice Fessenden .
II. APPROVAL OF MINUTES .
May 22, 1979
Vice-Chairman Lathrop stated that Minutes of May 22, 1979,
were to be considered for approval.
Draper moved:
Bilo seconded: The Minutes of May 22, 1979, be approved as
written.
AYES: Becker, Bilo, Draper, Lathrop, Smith, Carson
NAYS: None
ABSTAIN: Williams, Pierson
ABSENT: Tanguma
The motion carried.
III. CENTENNIAL SOUTH SUBDIVISION
South Decatur Street /West Union Avenue
Williams moved:
CASE #14-79
Pierson seconded: The Public Hearing on Case #14-79, Centennial
South' Subdivision, be opened.
AYES: Smith, Williams, Becker, Bilo, Draper, Lathrop, Pierson,
Carson
NAYS: None
ABSENT: Tanguma
The motion carried .
Mr. Lathrop asked f or the staff presentation on this matter •
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Mrs. Dorothy Romans was sworn in, and tes t i f ied tha t sh e is
the Assistan t Direc t or of Planning in the Department o f Com-
munity Developme nt . Mrs , Romans testi f ied tha t the staff is
very aware of the time problems develope rs and property owner s
experience in trying to g et proposals approved by the City.
In an attempt to expedite such approvals, matters are sometimes
scheduled for the agenda in advance, and on occasion, all the
information needed for full consideration is not available at
the time of the meeting . Such is the case in this instance,
where the staff has been unable to get answers to inquiries
from the Valley Sanitation District, from Mountain Bell, and
from two branches of Public Service . Mrs . Romans stated that
she felt this information could be very important in making
the presentation to the Commission, and f or this reason, the
staff asks that the Public Hearing b e continued to June 19th
to give additional time to obtain the replies from the afore-
mentioned companies.
Mrs. Romans noted that Mr. and Mrs. Weaver are present; they
are property owners of one of the subject parcels, and a letter
from Mrs. Ferguson is in the file . Mrs . Ferguson is the prop-
erty owner on the second parcel, and she is in favor of the
proposed subdivision . Mr . Schaffer, contract purchaser, is
also present .
Mrs. Romans reiterated that because of the further information
needed by the staff to complete the presentation, the staff
does request continuation of the Hearing to a date certain .
Brief discussion ensued.
Smith moved:
Draper seconded: The Public Hearing on Centennial South Sub-
division, Case #14-79, be continued until
June 19, 1979, at 7:00 P . M.
Mr . Smith pointed out that both Councilmen would probably be
absent at the meeting of June 19th due to attendance at the
Colorado Municipal League Conference. Mrs. Romans pointed out
that this Plat is at the preliminary stage, ·and the Hearing
on the 19th of June would be on the Preliminary Plat; the
Final Plat will be referred to the Commission when it is pre-
pared . She cautioned tha t there would not be another formal
hearing after the 19th of June, but that the Commission would
have further opportunity to rev i ew th e Final Plat.
The vote was calle d :
AYES: Pierson, Smith, Williams, Becker, Bilo, Draper, Lathrop,
Carson
NAYS: None
ABSENT : Tanguma
The motion carried .
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It was pointed out to members of the audience that this matter
is continued to June 19th, at 7:00P.M., and they were urged
to plan to attend that meeting.
IV. CAPITAL IMPROVEMENT PROGRAM
1980 -1984 CASE #15-79
Mr . Wanush addressed the Commission, and pointed out that the
City Charter provides that the Planning Commission shall, each
year, recommend a five-year Capital Improvement Program to the
City Manager . This recommendation is compiled from projects
requested by the various City Departments, and the City Manager
in turn makes his recommendation to the City Council based on
the recommendation of the Planning Commission.
Mr. Wanush stated that requests from only two of the City
Departments were submitted in time to be included in the
packet sent to the Commission; another report was submitted
late Friday afternoon, and another department submitted their
requests late Monday afternoon. The staff has not had an
opportunity to assemble these requests in the proper format,
and would request that this matter be postponed until June 19th.
Smith moved:
Carson seconded : The Capital Improvement Program, 1980 -1984,
be postponed until June 19, 1979 .
AYES: Williams, Becker, Bilo, Carson, Draper, Lathrop, Pierson, Smith
NAYS: None
ABSENT: Tanguma
The motion carried.
V. COUNTRY CLUB JOINT VENTURE
CASE #21-78
Mr . Wanush stated that this item is included on the first agenda
of every month for a "progress" report. He stated that last
week, he met with Mr . Sternberg and the project architect, who
is Hans Kahn & Associates, and with the construction engineer
and other consultants . ·It is the intent of Country Club Joint
Venture to apply for permits for Phase I within the next six
weeks . Country Club Joint Venture asked for permission to
apply for permits for the low-rise buildings in Phase I, and
Mr. Wanush stated that he told them that they would have to
obtain permits for the entire Phase I, or give some assurance
such as a completion bond that the entire Phase would be built
out. A slight change in the development plan has been proposed,
which the staff is still considering . The entire project has
been designed to accommodate two vehicles per unit, and the
parking structures are proposed as surface parking plus two
decks below-ground, and two levels of parking under the high
rise buildings . They have now determined that they cannot put
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two decks o f parking under the high-rise struct ur es eco n omic ally
because of the support systems, etc, They have inquired as t o
the poss ibility of extending the parking structure approxima~ly
60 ' x 95' and accommoda te surface parking plus the two decks
below-ground , If th is were done, assuming t his modification
would apply to all eight high-rise u nit parking structures, the
amount of useable open space would be reduced to the bare minimum
or possibly just below the minimum require d . Mr. Wanush stated
that he has su ggest ed to the project architect the possibility
of extending the parking structure t o accommodate two decks of
parking below-ground, with landscaping on the surface level.
This would not reduce the required open space, and the increased
underground parking could probably be handled administratively .
If they choose to extend the parking structure and have surface
parking, this would require Commission action . Discussion en-
sued , Mrs . Pierson asked about the possibility o f having an-
other level of parking on the existing parking structure --
surface parking and three decks below-ground? Mr. Wanush stated
that this was not suggested, but would be an option . Further discussion ensued.
Mr. Smith asked if this parki ng modi fi ca tion would apply to
all the high-rise buildings ? Mr . Wanush stated that he told
the applicants that he would have t o mak e t his assumption,
and figure the open space difference based on the modification
of all high-rise unit parkin g structures.
Mr . Draper asked if this would reduce the amount of parking
that would be provided? Mr. Wanush stated that it would re-
sult in a slight reduction o f parking spaces, but that the
applicant is providing in excess of the minimum required by
the Comprehensive Zoning Ordinance .
Mr . Bilo stated that he f elt the open space was one of the
strong points of the revised plan as approved by the Commission,
and he would hate to see the open space lost through revision
of the plans . Further discussion ensued .
VI, PUBLIC FORUM,
There was no one present f o r the pub l ic f orum .
VII . DIRECTOR 'S CHOICE .
Mr. Wanush reminded memb ers of the American Planning Association
annual meeting in Snowmass on June 23 and 24, imm e diately
f ollowing the Colorado Municipal Lea gue meeting , He asked
that those members who were wishing to attend to please notify the office .
Mrs , Becker an d Messrs . Draper and Smith indicated an interest in attending •
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VIII. COMMISSION 'S CHOICE.
Mrs . Pierson asked about progress on the Comprehensive Plan .
Mrs . Romans stated that the staff is doing graphics and hopes
to complete publication of it this month .
Meeting dates for July were discussed . It was determined that
the meetings in July should be on July lOth and July 24th.
Mrs. Becker reminded Commission members and staff of the pot
luck scheduled to be held at her home on June lOth, beginning
at 2:00 P.M . with the meal scheduled about 4 :00 P. M.
Mr. Tanguma entered the meeting during the above discussion .
The meeting adjourned at 7 :45 P. M.
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VIII. COMMISSION'S CHOICE.
Mrs . Pierson asked about progress on the Comprehensive Plan.
Mrs . Romans stated that the staff is doing graphics and hopes
to complete publication of it this month .
Meeting dates for July were discussed . It was determined that
the meetings in July should be on July lOth and July 24th .
Mrs. Becker reminded Commission members and staff of the pot
luck scheduled to be held at her home on June lOth, beginning
at 2:00 P.M . with the meal scheduled about 4 :00 P. M.
Mr. Tanguma entered the meeting during the above discussion .
The meeting adjourned at 7 :45 P. M.
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MINUTES
ANIMAL CONTROL COMMITTEE
June 11 , 1979
5 E
The bimonthll meeting of the Animal Control Committee was held
on Monday, June 1, 1979, at 7 :00p.m. Members present were
Joe Bilo, Thad Carson, Harold Ambrosier, Dave Long, John Tidwell ,
and Dr. Kim Stone. Absent was Howard Brown. Mrs . Hattie Ambrosier was a guest.
The minutes of the last meeting were read and approved with the
following correction: Under ll-ll-12: VACCINATION REQUIRED --
it will read: "Each dog by six (6) month; OF AGE . . " instead
of "Each dog by six (6) months old ... "
The committee then continued their discussion on cat and
general animal ordinances. See attachments for results of that discussion.
The next meeting will be held on Monda y , June 25, at 7:00p.m.
At that time the committee will rev iew the dog and cat ordinances
before presenting them to the city council. They will also review
the general animal definitions and begin discussion on ll-11-42. Meeting adjourned at 9 :00p .m.
Laura Ann Hinderaker, Secretary
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MINU TE S
ANIMAL CONTROL COMM I TTE E
June 25, 1979
The bimonthly meeting of the An i mal Control Committee was held on
Monday, June 25, 1979, at 7:00 p.m. in the Englewood Public Library Con feren c e
Room. Members present were Joe Bilo, Thad Carson, Harold and Hattie Ambrosier,
Dave Long, John Tidwell and Dr. Kim Stone . Howard Brown was absent.
The minutes of the previous meeting were approved as written.
The Co mmittee then continued their dis c us sion on the general animal ordinance
to be submitted to the city council.
Articles I and II were reviewed and ap proved with minor changes -see attached.
The next meeting was scheduled for July 9th at 7 :00. Article III will be
reviewed at that time for final approval.
The meeting adjourned at 8:30 p.m.
M. J. Lundy
Temporary Secretary
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The following c hanges wer e made to material already s ubm itted on dog and
cat ordinanc e -
In Definition of Animals -
Change "fowl" to read "avian (fowl)" -a bir d of any kind, including c hicken, wat er
fowl, etc .
Un der "Goats" strike "hollow horne d"
ARTICLE III -The following changes, additions and deletions wer e made.
11-11-42: PREMISES KEPT CLEAN
Any person who owns or controls any lot, barn, stable, shed , bui ld i n g or o ther
place where domesti c avian (fowl) or animals are kept, shall ke ep the building
and premises in a clean and sanitary c o ndition and shall remove all manur e fr om
the premises at least once each week .
11-11-44 : ABANDONMENT OF ANIMALS
It s hall be unlawful for any pers on to abandon any animal or to c ause such
to be d one .
11-11-45: CRUELTY TO ANIMALS
It shall be unlawful for any person to overdriv e, overload, drive when
overloaded, overwork, torture, d eprive of necessary sustenance, cruelly beat ,
mutilate or k ill needles sly, or to carry in any vehicle or otherwise transport
in a cruel and inhuman manner, any animal, or to cause any of these acts to b e
done. It shall be unlawful for any person having c harge or custody of any
animal to fail to provide it with proper food, drink and protection from the
weather, or to cause any of these acts to be done.
11-11-45: MOLESTING BIRDS
It shall be unlawful for any per s on within the city to at any time fright e n,
shoot at, wound, kill, take, capture, ensnare , net , trap or in any other manner
molest or injur any bird, fowl or wat er fowl, or in any mann er mol est or injure
t he nest, eggs or young of any such bird, fow l or water fowl.
11-11-47: DYED PE TS: SALE, DISPLAY OR POSSESSION UNLAWFUL
It shal l b e unlawful f or any person to posses s , display, sell or give a way
dyed, colored or in any way artificially treated baby chicks, ducklings, a vian
(fowl), rabbits or a ny animals as pets, playthings, novelties or gifts.
11-11-48: IND ECENT EXHIBITION OF ANIMALS
It shall be unlawful for a ny person to exhibit any stud horae or bull or
other animal indecently. It shall b e unlawful for any person to let any male
animal to any female animal unless th e same be done in some place wholly enclosed
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11-11-49: ZOOLOGICAL PERM ITS
(a) No person shall harbor , keep or sell or offer for sa le any wild
animal, wild bird, exotic pet , poisonous or d angerous reptile, s nake
or insect without first obtaining a zoological permit from the City
of Englewood. In issuing such permits, the city shall establish
such reasonable rules and regulations and fees as are neces sary and
prope r for the safe control and management of the aforementioned
animals, birds and reptiles.
(b) The provisions of this section shall not apply to:
11-11-50:
(1) A bona fide publicly or privately owned zoological park.
(2) A publicly owned animal pound .
(3) A veterinary hospital.
(4) A bona fide research institution using pet animals for a
scientific research.
ANIMALS RUNNING AT LARGE
It is unlawful for any person who is the owner of any animal to permit the
same to run at large within the City of Englewood. Any such animals found
running at large may be taken up and impounded.
11-11-51: DISPOSITION OF DEAD ANIMALS
When any animal shall die within t he City, it shall be the duty of the
owner thereo f to remov e t h e bod y of such animal, and see that it is disposed of
in a sanitary fashion. If such body is not forthwith removed, the same shall
be deemed a nuisance and such owner the author of a nuisance. When the body
o f any dead animal shall be in any street, highway or property other than that
of the owner, it shall be the duty of the Chief of Police, other police
officer o r animal warden, wh en kn owledge thereof shal l come to him, t o caus
such body to be removed and disposed of in a sanitary manner.
11-11-52: RESERVED
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ADDITION TO "DEFINITIONS"
"O" "An imal runn ing at large" -Any animal off of owner's premises, and
not accompanied by owner. Owner defined in "J" above.
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION
DATE: June 19, 1979
SUBJECT: Amendment of Comprehensive Zoning Ordinance
§22.7-7 Sign Code
RECOMMENDATION:
Pierson moved:
Carson seconded: The Planning Commission recommend to City
Council that the Comprehensive Zoning Ordi-
nance, §22.7-7, Sign Code, be amended as
follows:
22,7,7 Signs Permitted in Enumerated Zone Districts,
a, Low-Density Residential Districts; R-1-A, R-1-B,
R-1-C, RH2MA~ KM2M~ R-2, R-2-C, and R-4.
11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS
HEREINAFTER SET FORTH, POLITICAL SIGNS A~Y
BE ERECTED AND MAINTAINED; PROVIDED THAT
SUCH SIGNS SHALL NOT BE A BANNER OF PAPER
OR CLOTH, SHALL NOT BE POSTED MORE THAN
FORTY-FIVE (45) DAYS PRIOR TO THE ELECTI O
TO WHICH THE SIGN RELATES , AND SHALL B
REMOVED WITHIN FIFTEEN (15 ) DAYS FOLLO lN G
THE ELECTION TO WHICH THE SIGN RELATE .
(a)
(b)
(c)
(d)
PERMITTED TYPES OF POLITI CAL SIG
WALL, WIN00WANDGROUND. --
PERMITTED MAXIMUM NUMBER OF POLI T I CAL
SIGNS. -
TWO eKX ~%~ (2) SIGNS FOR EACH ~r
~fJiX eJr %1m UQ LO T,
PERMITTED ~~XIMUM AREA OF POLITICAL
SIGNS. ----
NOT TO EXCEED TWELVE (12) SQUARE FEET
RK tift TOTAL SIGN AREA.
PERMITTED MAXIMUM HEIGHT ABOVE GRADE.
SIX (6) FEET, ----
(e) PERMITTED LOCATION,
SHALL BE WITHIN THE BOUNDARY LINES OF
THE LOT ON WHICH THE SIGN IS LOCATED,
(1) SIGNS ON PUBLIC UTILITY POLES ARE
PROHIBITED,
(2) SIGNS CANNOT INTERFERE WITH THE
PUBLIC RIGHT-OF-WAY,
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(g)
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PERMITTED ILLUMINATION.
SHALL NOT BE ILLUMINATED.
ANIMATION,
SHALL NOT BE ANIMATED.
b. High Density Residential Districts: Kx~xA a~
Jbr~xm. R-3.
11. POLITICAL SIGNS, SUBJECT TO THE CONDITIONS
HEREINAFTER SET FORTH, POLITICAL SIGNS MAY BE
ERECTED ANp MAINTAINED; PROVIDED THAT SUCH
SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH,
SHALL NOT BE POSTED MORE THAN FORTY-FIV E (45 )
DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN
RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN
(15) DAYS FOLLOWING THE ELECTION TO WHICH
THE SIGN RELATES. .
(a)
{b)
(c)
{d)
(e)
PERMITTED TYPES OF POLITICAL SIGNS.
WALL, WINoow-iND~ROUND .
PERMITTED MAXIMUM NUMBER OF POLITICAL
SIGNS, -
TWO (2) lUX J(J:* SIGNS FOR EACH unr
un: u rxx xexx LOT.
PERMITTED MAXIMUM AREA . OF POLITICAL
SIGNS,
NOT TO EXCEED TWELVE (12) SQUARE FEET
ftJl ftft TOTAL SIGN AREA.
PERMITTED MAXIMUM HEIGHT ABOVE GRADE,
SIX (6) FEET. ----
PERMITTED LOCATION,
SHALL BE WITHIN THE BOUNDARY LINES OF
THE LOT ON WHICH THE SIGN IS LOCATED,
(1) SIGNS ON PUBLIC UTILITY POLES ARE
PROHIBITED,
(2) SIGNS CANNOT INTERFERE WITH THE
THE PUBLIC RIGHT-OF-WAY ,
{f) PERMITTED ILLUMINATION.
SHALL NOT BE ILLUMINATED.
(g) ANIMATION,
SHALL NOT BE ANIMATED.
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AYES: Tanguma , Becker, Carson, P ierson
NAYS : Draper, Lathrop
ABSTAIN : Bilo
ABSENT : Williams, Smith
The motion carried .
By Order of the City Planning
and Zoning Commission.
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STAFF REPORT
Page -1-
STAFF REPOR T RE:
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SIGN CODE AMENDMENT
Case #13-79
Amendment to the Sign Code, §22 .7 -7 of the Com pre h e n-
sive Zoning Ordinance, to permit Political Signs in certain Zone Districts.
DATE TO BE CONSIDERED:
June 19 , 1979
APPLICANT:
Initiated by the City o f Englewood.
PURPOSE OF ACTION :
At this time, Political Signs are permitted to b e
displayed only in the Commercial and Industrial Zone Dis-
tricts. Many persons feel that it is important to genera te
as much interest as possible in the election process and, by
permitting candidates or persons backing a particular issue
to install political signs in the residential districts, more
persons would be made aware of an upcoming ~lection.
PROCEDURE:
Following the Public Hearing, the Planning Commission
will make a recommendation to the City Council, approving or
disapproving the proposed amendment. I f the recommenda tion
from the Commission is favorabl e, the City Council will hold
a Public He aring on the propos e d amendment , If the Commission
recommendation is not f avorab le, the City Council could choose
t o hold a Public Hearing anyway, If the proposal is appro ved
by the Cit y Council , the Council will amend §2 2 .7-7 of the
Comprehensive Zoning Ordinance by Ordinance .
PROPOSAL :
It is proposed that Political Signs be permitted in
the R-1-A , R-1-B, R-1-C , R-2, R-2-C, R-4, and R-3 Residential
Zone Districts, and that standards be established f or the
display of those signs as follows:
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STAFF REPORT
Page -2-
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SIGN CODE AMENDMENT
Case #13-79
22 .7.7 Signs Permitted in Enume rated~ Districts .
a . Low-Density Residential Districts; R-1-A, R-1-B,
R-1-C, RM2xA~ RM2M~ R-2, R-2-C, and R-4.
11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS
HEREINAFTER SET FORTH, POLITICAL SIGNS MAY
BE ERECTED AND MAINTAINED; PROVIDED THAT
SUCH SIGNS SHALL NOT BE A BANNER OF PAPER
OR CLOTH, SHALL NOT BE POSTED MORE THAN
FORTY-FIVE (45) DAYS PRIOR TO THE ELEC TION
TO WHICH THE SIGN RELATES, AND SHALL BE
REMOVED WITHIN FIFTEEN (15) DAYS FOLLOWING
THE ELECTION TO WHICH THE SIGN RELATES.
(a)
(b)
(c)
{d)
{e)
PERMITTED TYPES OF POLITICAL SIGNS.
WALL, WINDOW ANDGROUND. --
PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. -
~QM& ~x* {2) SIGNS FOR EACH ~~
:t.:IX& ell' rME mu LOT.
PERMITTED MAXIMUM AREA OF POLITICAL
SIGNS. ----
NOT TO EXCEED TWELVE (12) SQUARE FEET
ftJl ftU TOTAL SIGN AREA.
PERMITTED MAXIMUM HEIGHT ABOVE GRADE.
SIX (6) FEET. ---
PERMITTED LOCATION.
SHALL BE WITHIN THE BOUNDARY LINES OF
THE LOT ON WHICH THE SIGN IS LOCATED .
{1) SIGNS ON PUBLIC UTILITY POLES ARE
PROHIBITED.
{2) SIGNS CANNOT INTERFERE WITH THE
PUBLIC RIGHT-OF-WAY.
(f) PERMITTED ILLUMINATION.·
SHALL NOT BE ILLUMINATED.
(g) ANIMATION.
SHALL NOT BE ANIMATED •
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STAFF REPOR T
Pa g e -3-S IG N CODE AMENDMENT
Ca s e #13 -79
b. Hilh Density Resident i al Distr i cts:
jl, R-3.
11. POLITICAL SIGNS. SUBJECT TO THE CONDI TIONS
HEREINAFTER SET FORTH, POLITICA L SIGNS MAY BE
ERECTED AND MAINTAINED; PROV I DED TH AT SUC H
SIGNS SHALL NOT BE A BANNE R OF PAPER OR CL OTH ,
SHALL NOT BE POSTED MORE THA N FORTY -FIVE (4 5)
DAYS PRIOR TO THE ELECTION TO WHICH THE S IGN
RELATES, AND SHALL BE REMOVED WITHIN F IFTEE N
(1 5) DAYS FOLLOWING THE ELECTION TO WHI CH
THE SIGN RELATES. .
(a)
(b)
(c )
(d)
(e)
PERMITT ED TYPES OF POL ITICAL S IGN S.
WALL, WI NOOW ANDGROUND . --
PERMI TTE D MA XI MU M NUM BER OF POLITICAL
SIGNS. --
TWO (2 ) exx ~%* SIGNS FOR EACH rKQM%
UR H ru: XafX LOT.
PERMITTED MA XIMU M AREA OF POLI T IC AL
SIGN S .
~0 EXCEE D TWE LVE (12) SQUAR E FE ET
ftJl ftft TO'!'A L SIGN AREA .
PERM ITTED MAXIMUM HEIGHT ABOVE GRADE .
SIX (6) FEET . ----
PERMITTED LOCAT ION .
SHAL L BE WITii iN THE BOU NDARY LINES OF
THE LOT ON WHICH TH E S I GN I S LOCATED .
(1) SIGNS ON PUBLIC UTILITY POLES ARE
PROHIB ITED.
(2) SIGNS CANNOT INTERFERE WITH TH E
THE PUBLIC RIGHT-OF-WAY ,
(f) PERMITTED ILLUMINATI ON,
SHALL NOT BE ILLUMINATED,
(g) ANIMATION ,
SHALL NOT BE ANIMATED,
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STAFF REPORT
Page -4-
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SIGN CODE AMENDMENT
Case #13-79
STAFF RECOMMENDATION:
The staff is of the opinion that the display o f
Political Signs in Residential Districts within the proposed
guidelines, will serve a public purpose and should be per-
mitted. Particularly in the Englewood School Board and
Municipal elections, the voter turn out is poor if not
deplorable. It would seem that the majority of our voters
have taken to heart the advice of William Butler Yeats in ~.QM~~. to:
" .•• stay at home and drink your beer
And let the neighbors vote ."
If more interest in these elections could be generated by
the display of Political Signs, the staff would see it as a very positive step.
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ENGLEWOOD WATER AND SEWER BOARD
Regular Meeting
June 26, 1979
The meeting was called to order at 5:10 P.M.
Members present: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Members absent: Schnackenberg, Witthus
Also present: Leon DuCharme, owner of property at 3201 So. Zuni,
Gary Mandarich, Civil Engineer and Stewart H. Fonda,
Director of Utilities
I. REQUEST FOR WATER TAP OUTSIDE CITY AT 3201 SOUTH ZUNI STREET
Request was made from Mr. DuCharme for domestic water on his warehouse
site at 3201 South Zuni Street, located in Sheridan . Englewood presently
has a 12 inch transmission line in South Zuni which furnishes water to
the northwest section of Englewood. Mr. DuCharme stated that his water
use would be minimal and the only water used would be for domestic purposes.
Mr. DuCharme stated that he would bring the water to property only and
would not use it for a year. He stated that he presently has a well at
this address and would be able to get by with it until the City has completed
the improvements at the Allen Plant. He would like to be allowed to get his
water tap as soon as possible as the street is scheduled for new paving in Ju 'ly, 1979.
Mr. Best moved;
Mrs. Feamster seconded: That the Board recommend to the City Council
approval of a 3/4 inch domestic water tap
for the property outside the City limits
at 3201 South Zuni Street.
Ayes : Gibson, Best, Feamster, Mann, Taylor, Ullery
Nays: Harper
Absent: Schnackenberg, Witthus
Motion carried .
II .a RESERVE WATER DISTRICT CONTRACT
M ~. Fonda stated that the Reserve Water District had violated certain terms
of their contract which stated that the City would inspect the water line
installation for the Reserve. The Contractor failed to notify Englewood
to inspect any of the water main which Englewood would have to maintain
under the present contrac t. The new contract will eliminate the ·maintenance
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of the water system in the Reserve.
Mr. Best moved;
Mrs. Feamster seconded: That the Board recommend to the City
Council approval of the revised wate r
contract with the Reserve.
Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Nays: None
Absent: Schnackenberg, Witthus
Motion carried.
II.b LETTER TO DENVER WATER CONCERNING THE RESERVE WATER DISTRICT
Mr. Fonda stated that Denver might be favorable to furnishing water to
the Reserve. If Denver would accept the responsibility of the Reserve system,
it would eliminate the storage tank and the pumping system that the City of
Englewood requires in the present contract. It would also be more economical
for the Reserve to install the required pipe that Denver would need. This
would also allow a looping system for the City which is needed in this area for fire protection.
~ Mr. Harper moved;
Mrs. Ullery seconded: That the Board recommend to the City Council
approval of request to the Denver Water Board
for water service to the Reserve Water District.
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Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Nays: None
Absent: Schnackenberg, Witthus
Motion carried.
III. CONSIDERATION OF PARTICIPATION OF METRO FUNDING OF WATER CONSERVATION HANDBOOK
Mr. Fonda stated that DRCOG was considering publishing a handbook on water
conservation and that it would need metro participation for funding.
Mr. Taylor moved;
Mrs. Feamster seconded: That the Board recommend to the City
Council approval to participate in funding
the handbook on water conservation, participation
based on population percentage funding .
Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Nays: None
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Absent: Schnackenberg, Witthus
Motion carried.
IV. VALLEY WATER DISTRICT CONTRACT
Mr. Fonda stated that a draft of a new total service contract is being
considered with the Valley Water District. The Board members felt that they
needed more time to study the contract and wanted to discuss it at their next ragular meeting.
Mr. Taylor moved;
Mr. Mann seconded:
Ayes : Gibson, Best,
Nays: None
Absent: Schnackenberg,
Motion carried.
That the Valley Water District Total
Service Contract be discussed at the
next regular meeting in July.
Feamster, Harper, Mann , Taylor, Ullery
Witthus
v. DRAINAGE SYSTEM AT OVERHEAD RESERVOIR IN GREENWOOD VILLAGE
Mr. Fonda stated that the City is faced with a drainage problem at the
covered reservoir in Greenwood Village if there should ever be a malfunction
in the monitoring system that turn the water off at the storage tanks. This
problem was more or less created by Greenwood Village when they allowed houses
to be built close to the area. The City has offered to cover half of the
expenses in constructing a drainage system. Greenwood Village is asking 80/20
participation from the City. Mr. Fonda stated that for the present time
that a siren system could be installed at a nominal price which would alarm
the citizens in the area that there was a spillage and they could notify the
treatment plant of the alarm and there would not be danger of flooding .
Mrs. Feamster moved;
Mr. Taylor seconded: That the Board review the drainage problem
again at the next regular meeting in July,
1979.
Ayes : Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Nays: None
Absent: Schnackenberg, Witthus
Motion carried .
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VI. SUPPLEMENT 10 GREENBELT SANITATION DISTRICT
This is a single family dwelling on a one acre tract, located on Berry Avenue, west of Quebec Street.
Mr. Best moved;
Mr. Mann seconded: That the Board recommend to the City
Council approval of supplement 10
Greenbelt Sanitation District.
Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery
Nays: None
Absent: Schnackenberg, Witthus
Motion carried.
The meeting adjourned at 7:10 P.M.
Respectfully submitted,
w::a~
Kay Roberts
Recording Secretary
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE: June 26, 1979
SUBJECT: REQUEST FOR WATER TAP OUTSIDE CITY AT 3201 SO. ZUNI ST.
RECOMMENDATION: That the c;ty Counc;l approve a 3/4 ;nch domest;c
water tap for 3201 South Zun; Street.
{fl Respectfully subm;tted,
ENGLEWOOD WATER AND SEWER BOARD
~ ~ =T~ho_m_a_s~E~.~G~;•b-so-n----------~--
Attachment #1
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE: June 26, 1979
SUBJECT: RESERVE WATER DISTRICT CONTRACT
RECOMMENDATION: That the City Council approve the revised water contract
with the Reserve.
~~ Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By 't:!e_
;Th~0-~--s~E~.~G,~.b-s-on--------~~
Attachment #2
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTIO N
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE: June 26, 1979
SUBJECT : PARTICIPATION ON METRO FUNDING OF WATER CONSERVATION HANDBOOK
RECOMMENDATION: That the c;ty Council approve participation in funding
a Metro handbook on water conservation,
Respectfully submitted,
ENGLEWOOD WATER AND SEI~ER BOARD
By=---~~------~Xi?~ Thomas E. Gibson
Attachment 1/3
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE:
SUBJECT:
RECOifolENDATION:
June 26, 1979
SUPPLEMENT 10 GREENBELT SANITATION DISTRICT
That the City Council approve Supplement 10
to Greenbelt Sanitation District.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By
Thomas E. Gibson
Attachment #4
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MEMORANDUM TO THE ENGOF.WOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE:
SUBJECT:
RECOMMENDATION:
June 26, 1979
LETTER TO DENVER WATER BOARD CONCERNING THE RESERVE WATER DISTRICT
That the City Council approve letter of request to
the Denver Water Board concerning supplying water
to the Reserve Water District
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By
Thomas E. Gibson
Attachment /15 I . •
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IN THE SUPREME COURT OF COLORADO
DELUXE THEATRES, INC., a
Colorado corporation,
NO. 28252
Pla.intiff-Appellant,
v.
THE CITY OF ENGLEWOOD,
COLORADO, a municipal
corporation,
Defendant-Appellee.·
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Appeal from the District Court of Arapahoe County
Hon. Marvin w. Foote," Judge
EN BANC JUDGMENT AFFIRMED
C. Henry Toy,
Attorney for Plaintiff-Appellant.
Bernard V. Berardini,· City Attorney,
Rick DeWitt, Assistant City Attorney,
Attorneys for Defendant-Appellee.
MR. CHIEF JUSTICE HODGES delivered the opinion of the Court •
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The appellant, Deluxe Theatres, Inc., brought an
action in the trial court to have the City of Englewood's
imposition of a three percent admissions tax declared
void. Englewood, a home· rule city, levied the tax on the
price paid for admission to any public place or event. Th e
tax is to be paid by the person paying the admission and
collected and remitted to the city by the person who offers
the entertainment. The trial court. granted a summary judg-
ment in favor of the city. We 'affirm.
On appeal, the appellant contends that because the
admissions tax is not a tax on the transfer of tangible or
corporeal property, it is substantially different from the
statewide sales and use tax, section 29-2-101 et seq.,
C.R.S. 1973, and therefore violates the uniformity clause
of Article X, section 3 of the Colorado Constitution. We
find no merit in the appellant's argument.
The uniformity clause in Article X, section 3
states in pertinent part:
"All taxes shall be uniform upon each
of the various classes of real and
personal property located within the
territorial limits of the authority
levying the tax •••• "
We have repeatedly held that this constitutional provision
refers solely to a direct or ad valorem tax upon property
and does not apply to an excise tax imposed on privileges
and occupations. Jackson v. City of Glenwood Springs, 122
Colo. 323, 221 P.2d 1083 (1950); California Co. v. State,
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141 Colo. 288, 348 P.2d 382 (1 9 59); Hughe s v. State, 97
Colo. 279, 49 P.2d 1009 (1935). The Englewood admiss i o n5
tax is an excise tax levied directly by the city, wi thou ~
assessment, and is imposed without regard to the nature or
value of assets. As such, it constitutes an exci se t a x and
not an ad valorem tax and is therefore not subject to the
constitutional restriction of Article X, section 3. Wa l ke r
v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933).
The only question remaining is whether or not
Englewood, as a horne rule city, is authorized by Article
XX, section 6 of the Colorado Constitution to levy an
admissions tax.
Article XX, section 6 grants horne rule cities
"the full right of self-government in both local and
municipal matters and • • • shall not be construed to deny
• . • any right or power essential or proper to the full
exercise of such right." It can no longer be seri ous ly
questioned that a horne rule city has the authority to levy
an excise tax on a privilege within the city limits. This
power has been found to be essential to the full exercise
of the right to self-government granted to horne rule cities
by Article XX, the Horne Rule Amendment. State Farm Mutual
Automobile Insurance Company v. Temple, 176 Colo. 537, 491
P.2d 1371 (1971) ;·Security Life and Accident Co.· v. Temple,
177 Colo. 14, 492 P.2d 63 (1972).
The 'judgment of t he tri al court is affirmed.
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RESOLUTION NO. ---SERIES OF 1979
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE
SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD,
COLORADO, TO PROVIDE ADDITIONAL PARKING FOR ELSIE MALLEY
CENTENNIAL CENTER .
WHEREAS, to protect the health, safety, and welfare of
the citizens of the City of Englewood, it is necessary to
construct additional parking for the Elsie Malley Centennial
Cen ter; and
WHEREAS, there is a public need to acquire additional
real property to construct said parking lot; and
WHEREAS, negotiations for the purchase of the properties
herein necessary may be unsuccessful.
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. M ,.... ~ ~
That the City ~ is hereby aut horized and directed to
negotiate for the purchase of the following described parcels ,
and should the City staff be unable to agree with the owners of
the parcels as to the fair market value, then the City Attorney
is authorized to commence action in eminent domain to condemn the
following parcels of real property as authorized by law :
Section 2.
(a) West 1/2 of Lots 13 through 17,
both inclusive, Block 3 , PREMIER
ADDITION, County of Arapahoe,
State of Colorado;
(b) East 1/2 of Lot s 13 through 17,
both inclusive, Block 3, PREMIER
ADDITION, County of Arapahoe,
State of Colorado .
That the Director of Finance, ex officio City Clerk-
Treasurer, is hereby authorized and directed to appropriate, set
aside and hold for all necessary judgments and awards sufficient
sums to be paid as just compensation to the owners of the properties
to be taken; that such appropriation not be less than the highest
appraisal value for the parcels in question .
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ADOPTED AND APPRO VED this 2nd day of J u ly , 1979.
Ma yor
Attest:
ex off ic ~o C~ty Clerk-Trea surer
I, William D. James, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, do hereby certify that the above
and forego ing i s a true, accurate and complete copy of Resolution No. , Series of 1979.
ex officio City Clerk-Treasurer
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ORDINANCE NO.=-----
SERIES OF 1979
BY AUTHORITY
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"' A
COUNCIL BILL NO . 26
INTRODUCED BY
COUNCILMAN MA NN
AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENE RAL PROVISIONS;
RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF
WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY
OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLE WOOD, COLORADO, as follows:
Section 1.
That Section 42, Article IV , Chapter 3, Title XV, of the
'69 E.M.C. is hereby amended to read as follows :
15-3-42: NO RESPONSIBILITY FOR DAMAGE
(a) Neither the Wate r Division nor the City
in any capacity s hall be respons ible or
liable for damages to p rivately own e d
piping or fixtur es s~rved by or connected
to the water system, wh ether located in
or upon public or private property, nor
for d amage to any person whomsoeve r or
property whatsoever resulting from the
existence , use, arrangement of , or acci-
dent to such water system; EXCEPT,
HOWEVER, UNDER THE FOLLOWING CONDITIONS :
(1) THE CITY, THROUGH ITS WA TER DIVISION
AND AT ITS OPTION AND EXPENSE, SHALL
REPAIR, REPLACE, LOWER , OR THAW
HOUSE SERVICE LINES, OR ANY OF THE
ABOVE, WITHIN THE PUBLIC RIGHT-OF-
WAY, WHEN NECESSARY AND UNDER THE
FOLLOWING CONDITIONS:
(i) A LEAK EXISTS OR OCCURS IN
THAT SECTION OF THE LICENSEE'S
SERVICE WITHIN THE PUBLIC
RIGHT-OF-WAY, i .e., BETWEEN
THE CURB STOP AND THE SUPPLY
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(ii) THE SERVICE LINE \-H THIN THE
PUBLIC RI GH T-OF -WAY SHALL
FREEZE OR FA IL AS A RESULT
OF FREEZING.
(b) SHOULD THE WATE R DIVISION DETERMI NE
THAT LICENSEE OR THE CONS UMER SERVI CE
LINE IN THE PUBLIC RIGHT-OF-WAY MUST BE
LOWERED BECAUSE OF EXP OSURE TO DAMAGE
FROM FREEZING, OR FOR .".N ¥-G!NJ.ER--GOO D
CAUSE , THE LICENSEE OR CONSUMER SHALL TAKE
NE CESSARY PRECAUTIONS TO EITHER :
(i) LOWER THE SERVICE LINE FR OM
CURB STOP TO THE PRE MISES
SERVE D , OR
(ii) TAKE WHATEVER PRE CAU TIONS
WOULD BE NECESSARY TO
AVOID SERVICE LINE FAILURE
BETWEEN CUR B STOP AND THE
LICENSED PREMISES BY MEANS
APPROVED BY THE WATER
DIVISION .
(c) SHOULD THE LICENSEE OR CONSUMER FAIL OR
REFUSE TO TAKE SUCH NECESSARY PRECAUTI ON S
TO AVOID FAILURE OF THE SERVICE LINE FROM
CURB STOP TO THE LICENSED PREMISES, THE N
NEITHER THE CITY NOR THE WATER DIVISION
SHALL BE HELD LIABLE OR ACCOUNTABLE FOR
DAMAGES BECAUSE OR ON ACCOUNT OF SUCH FAIL -
URE.
(d) IN THE EVENT THA T THE LICENSEE OR CONSU ME R
DESIRES OR SHALL DESIRE T O LOWER THE S ERVICE
LINE FROM THE LICENSED PREMISES TO THE CURB
STOP , THE WATER DIVISION SHALL AL SO LOWER
THE SERV ICE LINE FROM CUR B STOP TO THE
SUPPLY MAIN SHam 0 THAT AC'i'ION Bl!: QIOIOMED
N~ESSARY IN ORDER TO AVOID FAILURE OF SAID
LINE IN THE PUBLIC RIGHT-OF-WAY. THE WATER
DIVISION MAY TAKE SUCH OTHER OR DIFFERENT
ACTION TO PROVIDE THAT THE SERVICE LINE IN
THE P UBLIC RIGHT-OF-WAY SHAL L NOT FAI~ AS
A RESULT OF THE LOWER ING OF THE SERVICE
LINE FROM THE LICEN SED PREMISES TO TH E
CURB STOP.
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Introduced, read in full, and passed on first reading
on the 18th day of June, 1979.
Published as a Bill for an Ordinance on the 20th day of June, 1979.
Read by title and passed on final reading on the 2nd day of July, 1979.
Published by title as Ordinance No. _________ , Series of
1979, on the day of July, 1979.
Mayor
Attest:
ex offic~o City Clerk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance passed on final reading and published by title as
Ordinance No. , Series of 1979.
ex off~c~o C~t y Clerk-Treasurer
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RESOLUTION NO.~)~~
SERIES OF 1979
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A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONA LD M.
WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, Donald M. Weber was certified to the office of
Ci ty Council as a result of the general municipal election held
on November 8, 1977; and
WHEREAS, Donald M. Weber qualified and assumed his o f fi ce
as Councilman on January 2, 1978; and
WHEREAS, by letter dated June 26, 1979 ~~ed to Mayor
James L. Taylor, Councilman Weber has resigned his office of
City Councilman for District 2 in the City of Englewood, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Sec tion l.
That the resignation submitted by Councilman Donald M.
Weber under date of June 26, 1979 is hereby accepted.
Section 2.
That a vacancy exists in the elective office of Council
from Council District 2 of the City of Englewood, Colorado,
pursuant to the provisions'of Section 28 of the Englewood Home
Rule Charter.
Section 3.
That the remaining Councilmen shall choose, by majority
v o te and within thirty (30) days from the date hereof, a duly
q u alified person to fill such vacancy to serve until the successor
s h a ll be elected at the next ensuing general municipal election to
be held November 6, 1979, pursuant to the provisions of said
section 28 of the Englewood Home Rule Charter.
ADOPTED AND APPROVED this 2nd day of July, 1979 .
Attest: Mayor
ex officio City Clerk-Treasur er
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I, William D. James, ex officio Ci ty Clerk-Treasurer o f
the City of Englewood, Colorado, do hereby certify that the above
and foregoing is a true, accurate and compl ete copy of Reso lution
No. , Series of 1979.
ex off~cio City Clerk Treasurer
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7
P R 0 C L A M A T I 0 N
WHEREAS, on July 9 , 19 1 9 , the ENGLEWOOD MUNICIPAL
FEDERAL CREDIT UNION will have b ee n in existence f or t wenty
yea rs; and
WH ER EAS, the ENGLE WO OD MUNICIPAL FEDERAL CREDIT
UNION wa s created to promote and enco urag e savings and t o
create a source of credi t for productive purposes ; and
WHEREAS , the ENGLEWOOD MUNICIPAL F EDERAL CREDIT UNI ON
has strived to maintain high principles and standards and ha s
provid ed numerous services that have benefitted many e mployees;
and
WHEREAS, many employees, through the yea rs, have
willingly given the ir time and effort to operate the ENGLEWOOD
MUNICIPAL FEDERAL CREDIT UNION in a professional and effective
mann e r.
NOW , 'rHEHE POR E , I, JAMES L . 'l'J\YLOR, Ma yor of the City
of Eng l e wood, Colorado, do he r eby proclaim the week of
July 9 -15 , 1979 as
ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK
and ask that all members join in obse rvance by giving due
r ec ognition to this event and afford it their f ull support.
GIVEN under my hand and seal this 2nd day of July , 1979.
Mayor
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6£4 ~~s Y la P J·ce
Z ~Ele~ood , ~olor·do E:liG
June 3 , . F
Tile Honor · h le l•l"yor Taylo r <.-n:J .:e:n!Jers o f the City C::>un::ll
~n~lew ood , ~olor ·d o
De Lr Mo yer Tayl r :
T~n n ~ you for ta king ime t o 1nfJrm ~e Ln tLc ~rn~er ~r0c ed -e
i:1 a.l;:>l yi~ fo r the ··, ic1 , :-ted O')en i ne: o n City Co unc i l. As
y o u sue;Ees ted , I ,,:il i ~:u:Hn.::: tr.j' resuma .. it!-1 this let tur of
n;:>pl ic(;ti o n .
My res idenc e in E ne:2.ewoo d becan shor tly befare t ne b i r t h of my
y o uneest dsughter , se·J ent e e n ye· rs [·c;o t l:i s ,·!u:;u s t. Dur inc t hes e
yeurs I h ·ve hed the 'lr lv11e::;e o f w<.tc h i ne En;::leuood ;:::r o \1 i:1to
~t h riving busin '!'l S cen e r wh ile r et· ining t he o tmos ,J her e o f :;
clo sely knit , v e ll -belanced c om~unity . ~y ~~il d~e:1 h ~v e a ll
attended our fi ne Englew0od scho o ls, p ~r tici ')· t ed i n sum~e r
music activ iti e s an d fo r man y yea rs aur f ~uily w~s ve r y r ct iv e
in schoo l f u n c ti o ns .
We a r e a f r mily v it ally c o nce r ne d wit h En gl ewo od's welf ~re a nd
f cm ily members h · v e serv ed v· ri ou s c ~c=l t~e e s en~ b o · rd s a s the
C en t ennial -Bi~e ntenn i e l ~o~rr i ttee , sc hool ~dv isor~ t L s~ f o rce
(~usic}, ~nd T r~~slort·t ion C o~1it to e f a r the r ev isi o n of t he
C :r.pre:1on sive ?L r.. I p rese 1tly serve ::s ., r.:-;c;"'·.r o f r.a
P bnni ng •nd 2.oni:JS Corr: .. issi ..,n . !-:·· :er:r. · s C ha1r~1bn o f t h e
3o o rd of irectors o f SCO-CY~LE ( Li tle'...:;n -Sneb·.~ood Recycl i nE ,
I nc , ~ n~n -~rofit re~ycl l nf c om~3ny ) will end soJn . Ky pe rso na l
int ere st ir. c:ove r nr:1en t b.J.::··n t.s .o mc-r.b3r of Le~:ue o f \·lor::en
'!o".;u rs <J S an o!:Js .rver b·: r:·" dev .... oped i nto mu~ •. ;;.ore th•·:J an
008BrV.3 r,
I h:.~v e been ·;n edu_· :.~r for t 1~en t y )'Ct.r ". Si nc e 1968 I h ave
·.-~or \<:ed a t Nct~~n·-;. Jm·1ish Hos 'itul/N:-!o :;l :.sthc-:::: :;ent e r .
I would enJoy the ch~l l enec ~~ the ?rivil ere o f se rvinE my
co =m unity fu rther s 1 ~emher of t he E n~le w ao d City Council .
I would like to t : 'ce t ~·is O ')~o rtu nit y t o tht,nk ~·ou for con -
si:leri:JE: my 3!J911~· t~0:1 .
En cl0n re: Resume
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l 11 l 2 1979
CITY MAN,,GER 'S O Fflt:~
ENGLfNOOO
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This resurre h··s b.'!= ;--re;>· !"ed t a:::~ ':l:J~<ny an 0'"' ·1 1.::· ti on for ~3~bers~ip o~ t he ~n _lewood ~1 y Co ne i l.
Jun e 30 , 19 79
~~rjorie L . 3ecker
f44 ~e s t Yale Pl 3ce
Eng l ewood , ~o l o r · do uOl 0
789 -3428
N·.t iv e Colo r a doan
Educ nt i on :
N~tjonul J e wish Hos~it~l/
N·tionol hsthrra ~e~~er
3800 Eas t Colfc.x
De n v er , ::ol ·r~do 30206
3 e3-q461 Ext . 509
We stern St 1.te Coll age of Col o r r d o
Gunnison, Colort do BA : E ~~entHry Edu~· tion
G r ~du o t ed : Au[ust , 1 959
Un i vers ity of No rt hern Co lor ·.d o
Greelay, Co l or d o
it'ork ez9erience :
!l.r.A : ~c..::::· tio t:; J <>di"inist r ,. t ion
Gr :d ·~ted : Decembe r , 1976
l\ tl 0!1',l Je1·1ish !l ::Js:-;>it n l /N ti ooc l ;.sth;rw Center
Denver, Col orrd o
S nee r.:a y, 1968
.lespo'1s1bi:!.i ies: T e· ch c 'J i ld:",n ·:ith ··stll~t. a::d e r.1c::.1 on:l
d istur bl:ln8e ; :·ssis:· :1 t o i::J'JC ti 'f' 1 C ) ... H.,c.,~--; t Jr ; ~e~!""=t· i.,Y
to Sa fety C o~:::itt e~; 't ~l~:-: 5 ,GGO vc,: .. t:.3 Ji :;r· !':,;; =~·~) rvl~
':~J:r f F o ::t·:n~ r:r ~d~1· ~,~:~.:,.~; ) :-t~~~ :;· ~c it"" ."'..l~llc rel :...:..:.~nc
·J·'r~:: s r.e :!'J,..~~r:.'; C 0·:--:J ::~~t~, ;ti\·~:.1 -:.-. :; ·~.;~~t -A-3c '·,oo l
-,l')~')'''J t:t l\JJI
'Z n-.:le •··C'od i',;b Ji --;c~a,ls
Jook ~.o8 ile Lihr"ri· n-~~.:1-:·I::JOc P :1 ~lic Li ''r' ry
T 1.is I'IO rk Yoceded rr,• \·lO r ·~ :Jt ::JH .
-:o c.,.un i ty worl<:
3un::J :..y S ci-tool te·-her; P l'es~dc·~ of :fornen 1 s ·.sso :::Ltion (l oct~l ),
Vice oces ident (r e~ion0l ); Plann i ng tnd Zoning 8 ~m~i ss 1on;
8onsultant· Orff Worksl-Jop/ 1cJ!~.mt s c: ool o f .t-:u';i c , Eler.!ent ~ry
Ph 'sic· 1 E:du:::· tlon Tc·::: _rs Distri.::t 1t l4 , E·Juc tion o:' ::~ildren
wi i h Vis u al Pro le~c/Ccl r do O p~omc tri c Assoc i a tion; Che irm3 n
of t~e Board of Dir ~c tors o f E00-~YCLZ
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CITY OF I·I':r'1'.LE'l'ON
R E SCi.~u nr.N NO . .-z_ 7
cf':!r ;~es r)f 1 979
A !lES OL UT I ON ~F TH ;-; CI1'Y OF LITTLE'l'ON,
COLORADO . SUPPOR1ING T~E C¥JlliNELIZATION OF
THE St)i.JTH PLAT'rE PIVER MD THE PASSAGE OF
SENATE Bi lL 325 WHICH APPROPRIATES STATE
FUNDHlG FOR NE CES3ARY CHAUNEL LAND ACQUISI-
Tiul'J AND REL •~C T ION OF UTILITIES.
WHEREAS, the United States Congress passed the Flood
Control Act o f 1 950 which authorized the construction of Chat-
field Dam and l evP.<: and channel improvements to the South
Platte River
WHEfu...AS, without channel improvements to the South
Platte River the Platte Valley as presently developed has an
average annua l flood damage potential of more than $300,000.00.
WHERErtS, without channel improvemer.ts to the South
Platte River there e xists a real potential that Colorado
citizens lives could be lost as a result of a flood.
WHE ~~s . t h e channelization of the South Platte Ri ve ~· could <'au se a tenfold i ncrease in assessed valuation
resulting frou, ...l evelop;nent o f currently underutilized flood-
p l ai n 1 Pd oy the r emov al o~ 150 a cres from t he floodplain.
WHERFAS , t h e c .1 a r.-.~··z'i <-l n P of the S •:>Uth Platte
Hi ver could p o t -"~. cia ) 1 -i r.J :a s p ~ < .:.c reven u.~s b y almost
$4 mi ll.i.o'1 fror1 .a l e <>P'l ''l..:..:OmE-t "'x genE:ra._ _d b y new
dev el:)pment a .r _, ,,, .. ,_ r• '' '-" penc :ncy on ·~t a te :;;.id to
t.:ducatiol'\.
i"HERE;;.s <.:h i'"! <>1 ':>.a.t-i<>:-, '"i l l a l l ow the development
of a r egional g r e .:n b E'-: t • .-:· ' '· 1 s y~; eJTI. that wj 11 encourage
bicycle comrn uti rv frl •lP tne "C"_i .-S u r.•tu han area s into downtown
Denver·.
WHE RE'-!':, ..• :edevelopme u t along ';,1e rive r front in the
existing u r baP • ed are a is ~ sound ~l an·in g prin c i ple that
will he p to ,. , · evi c:.t.e urb a~ ;;:-:: a!. 1 a :'.L . .;;:.pports exi sting
regi o nal a c t i v ~LY c e n te~s.
WHKI<E S. the State o f •:,...lc>rado COillilll.tted to provide
the loc al f •1;1dLtg fo . lhi s ~ha n 81 '.za t ion pr ject and did
apr:;rop r ia..:e Sl millio · i ' .9 7 7.
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WHEREAS, ur.encumbered fu nds ($1 million) reverted
back to the Color ado S tate Ge neral Fund after their appropri-
ation expired .
WHEREAS , $6.5 million ~f the Corp o f Engineers
funds budgeted for trois project ~ill likely be reallocated to
other uses i f the Ste.te matct-.ing f unds are not. appropriated
this year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LITTLETON, COLORADO, THAT:
1 . The City of Littleton strongly
supports the construction of the
Sou th Platte River Channel.
2. That the City of Littleton
urges the State Legislature and
Governor to approve the water
projects of the Colorado Water
Conservation Board Bill intro-
duced as Senate Bill 325.
3. Senate Bill 325 is very important
to the citizens of Colorado by making
State funding available for Colorado
water projects and should be considered
on its own merits.
INTRODUCED, READ AND ADOPTED at a regularly
scheduled meeting of h e City Council of the City of Littleton,
Colorado, on .J une 26 , 1 979 c.t i:30 p.m . in the Littleton
Centl;!r, 2255 \ve st Berry Avenue, Littleton, Colorado.
ATTEST: President of Council
City Clerk
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Ctty Manager
2255 We st Berry Avenue
Llllleton Colorado 80165
June 26, 1979
Mr. Anuy McCown
City Manager
City of Englewood
3400 South Elati
Englewood, Colorado
Dear Andy:
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Attached is a copy of the resolut ~on we will be proposing for
Council adoption this evening and it pertains to the channeliza-tion bill.
As you know, the channelization bill (325) was incorporated into
Bill 1610 which was vetoed by the Governor. The resolution
encourages our legislative delegation to separate the channeliza-
tion bill from othe r legislation. We met with some legislators
this morning to discuss this request, and we believe it is important
that we have support from other affected and surrounding jurisdic-t ions such as Englewood.
I'm so r ry f or t he s hort no t ice on t his; however, we would appreciate
Eng lewood's endo rsemen t . Pl ea se call me if you have any questions.
27~-
Al Sa;~zar
A ~sistant City Manager
Attach ment
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JIM/SUE
PRESCHEDULED VISITOR FOR JULY 2 AGENDA:
MR. EDDIE TANJUMA, JR., 1020 W. TUFTS AVENUE, ENGLEWOOD, WILL BE PRESENT AS
REPRESENTATIVE OF ENGLEWOOD PIRATE BAND BOOSTERS, TO DISCUSS WITH COUNCIL ITS
DECISION AS TO SPONSORSHIP OF THE ENGLEWOOD HIGH SCHOOL BAND AT THE ROSE BOWL PARADE.
The secretary of the Boosters, Ms. Jo Anne Nelson, 4214 S. Logan (home 781-7129; work 773-1218) called in to make these arrangements.
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Date Time
Pho Call Record
Mr . c:z.----/(._..;L/
of
Phon e
Are3 Code
1-t OLCo<f L S I O~M lOOA.
Number TELEP HO N ED
CALLED TO SEE YOU
W A N TS TO SE E YOU
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PLEAS
WI LL CALL AGAIN
SEE ME
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